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Home My WebLink About891536 RETAKES for month of toy. , l9_ nr. The following documents are being re-filmed: ; • DOCUMENT DESCRIPTION DAY FILE : "-t. sap Co . 5• .23 -it9 lira nl:,a .,R S Ca h..-- P,� .-- c 5•- s" -et gritgaiti ane /moo-.A. . 71:a.:,..e'o.. 49-to-00/ $-- .2 54-r? RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINE AND MATERIALS PROCESSING FACILITY - C & M COMPANIES (DISTEL FARM RESOURCES) 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, the Board of County Commissioners held a public hearing on the 17th day of May, 1989, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of C & M Companies (Distel Farm Resources) , P.O. Box 490, Niwot, Colorado 80544, for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the following described real estate, to-wit: Part of the SEI SWi and part of the SWi SEi of Section 8, and part of the N} of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, of Tuttle Applegate Rindahl/ Inc. , and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, . the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission anC all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Sections 24.7, 44.1, 44.2 and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, 1-25 Mixed Use Development Area Goals and T2.Q4/6, ee: ef,` 890424 Page 2 RE: USR - C & M COMPANIES Policies, Agricultural Goals and Pn? icies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. d. The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. e. A portion of the subject site is located in the Flood Hazard Overlay District. f. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be 890424 Page 3 RE: USR - C & M COMPANIES recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The Agreement shall mitigate impacts generated on County roads and bridges by the operation. 5. Prior to the Special Review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. b. An adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations. c. Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. d. An Emissions Permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. e. An NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. 890424 Page 4 RE: USR - C & M COMPANIES f. A 404 Permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the Special Review Permit plat shall be amended to show the access road at a 90° angle to Weld County Road 20 1/2 with a tangent section of at least 60 feet, and paved for a distance of 60 feet from Weld County Road 20 1/2. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. ‘717*4 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board c— K ray, Ch% rman Y: Q cq line J nson, Pro-Tem epuuty County erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner eorge K ounty Attorney Go 890424 DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1. The Site Specific Development Plan and Special Review Permit is for an open-pit mine and materials processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies, Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20 1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20 1/2 west of the Special Review site. S. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. • 8. No permanent disposal of wastes shall be permitted at this site. • 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: 890424 Page 2 OPERATION STANDARDS - C & M COMPANIES • A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and . any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. .. Following completion of mining, all temporary buildings shall be removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to. ensure the activities carried out on the property comply with. the Development Standards stated herein and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards us shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. • 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890424 4 V e.a. vs Y Y V� PUBLIC NOTI"E The Board of County Commissioners of Weld County, Colorado, on Nay 17. 1989. -- conditionally approved a Site Specific Development Plan and a Special Review. Permit for the property and purpose described below. Conditional approval . `` of this plan creates a vested property right pursuant to Article 68 of Title 24. C.R.S. as amended, for a period of three years. APPLICANT: C b M Companies (Diets' Farm Resources) P.O. Box 490 Niwot, Colorado 80544 LEGAL DESCRIPTION: Part of the SE} SW} and part of the SW* SE} of . Section 8, and part of the N; of Section 17, all in Township 2 North, Range 68 West of the 6th P.M., weld County. Colorado TYPE AND INTENSITY OF APPROVED USE: Open—pit mine and materials processing facility SIZE OF PARCEL: 114 acres. more or less Failure co abide by the terms and conditions of approval will result in a. forfeiture of the vested property right. BOARD or COUNTY COMMISSIONERS' WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER . AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: May 25, 1989, in The New News .A M1 890424` • . V • ` .il ,9.es " r roe 4- J A �y,.,-�.`�4.A `'riP,"M xd•-4 t".7 h r h.. `•• •er• •v a . .y Nc4 4, aT r •• '• fps e• . tY n •i, STATE OF COLORADO ) ." r', . Tim '- "`' a,,.ilbs •`' •- COUNTY OF WELD )'' .: MY " '` µ,A fu a J • r, ry,¢ David B. Reynolds, being duly sworn, . .. � ,, ' says that he is publisher of the New r. News, a weekly newspaper published �.; . in Keenesburg in said County and , v: •" t,•,,!•..,,,: I w. State; that said newspaper has a - fl' ' • .W. 4" Y general circulation in said County • kx' and has been continously and . `c . .`.�? Q r�_ uninterruptedly published- therein, :� �•� P y p r F , w, .:.W7,-,,a,�,�, during a period of at least .`' , ,•,-:..t. ..., ti'. ;:,-7:`,.v„«.-{ fifty-two consecutive weeks prior to , _ ., , `•- the first publication of the annexed, .em, "• ' notice; that said newspaper is a ....��•_' "" "r '' , T �i .�•9i•� .1� t4j... '•. newspaper within the meaning of the ;.. _.� , ,.y«IA. act of the General Assembly of the .. :,; State of Colorado, entitled "An Act ^" ••^ r . to regulate the printing of legal „ . :'r;•M •c . "6.y ::,.�^ . notices and advertisements, " and • ''' `y "' amendments thereto,; that the notice . of which the annexed is a printed , ' copy taken from said newspaper, was published in said newspaper, ,and in . ,: l' ,. .:, . :c .;4, the regular and entire issue of :, .�; �' �,�.� • s tea s. "„ ,4 every number thereof , once a week - " �- for 1 week� that said notice was so •,'� M1 r published in said newspape ,,proper , " f' N � and not in any supplement thereof, „''" j•rM�.'e�1.1 and that the first publi.catior, of a. ..,r•,, .; •f r:. ��. .. :; - said notice as aforesaid, was on the . 4"r,;; 'j ,w..., ' -.•,:•";--'.'"--- ---'" 25th day of May, 1989, ,;�..-..,,_ : and the last on the -- d aM1 25th day of May, 1989, ,� , r, ,.A•V a _. 'r Y: Subscribed and sworn to before • , . • .,. : ~< .«"'' ,,� '1;.• r, :) ti /.Fa . . •• a / •Qv,. ,Ilt..,lr .• ip �./ 1) s'.. r,- ,,A I.!,,..• 1 ,1 me this day of May, 1989. r 6:• '".. �.•�� ..• • y « 1 . V.` -r. ��7..:17.,y M v `•D• r f: 1 VS, • it M,•V • .,, •:•:‘,:!";*; Syr/ N tarty Public •. . ' - r ,•,' ;K Y:. 1 .�� . commission espi es'' --12-90 -% _ I. '.O.,,:-Y`'A«�,., , N A 4 " -Publication-.Fees Briled to C&M Companies- - . ' . ,r ,. '.:•,. . ,t-,, • - " „::.8943424°' .: i lf"k •~•` - u 0 .. r x p wro. CUANGES TO IISR-877 C 6 M COMPANIES (DISTEL FARM RESOURCES) x•7 v The Department of Planning Services' staff request that the Board of County : s. Commissioners change Condition of Approval t#6 to read: 6. Prior to recording, the special review permit' flat shall be amended to show the access road at a 90" angle to Weld County Road 20-1/2 with a tangent section of at. least 60' , and paved„for a '•' distance of 60 feet from Weld County'Road 20-1/2. Q0.. ,a `M a Y „ p 4' y`. d. .. •M .890424 pr a • W rt r. V ~ ` iN -01 el. ' ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the tppl cants .' or Docket 4 for the hearing you are attending. • .. TODAY'S HEARINGS ARE AS FOLLOWS: NAY 17, 1989 DOCKET 4 89-21 USR-OPEN-PIT MINE & MATERIALS PROCESSING,FACILITY - C & N COMPANIES v "R DOCKET f 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. ` DOCKET 4 PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL. INC. NAME ADDRESS HEAPING ATTENDING ° in JeltitCl lit , 1,4724* _111€10 aegro--.5r-57e 4/0 1,etteVer ia4, -.Z•I . , "4", Tu. CA u, -Alto Duo 1?a n� .k- ..a.t i (oP qIs- r,J. g r1 Sr Pod— �o (& +P ?SS � o�^_� �1-�/e l✓b (c( CO. D,iP 7fet 6� 757 / 4> 2Z�.0 r, a S ?. �.t! • 70/0$Axleo LA.71( 56/1 1441C/.',5 5 t72Etp7G°A'\ ea ‘619 rte k i c e 0 I 3/o/ A°/ Ce #4 fa://i{ Co &le& ref. 4k, ' `, . -J,vd ji '. '1 ' a! 890424 ' r. ^ , NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County', Zoning Ordinance, a public bearing will be held in the Chambers of the Board:" ' of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific • .N Development Plan and Special Review Permit are requested to attend and-may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped.; record which will be kept during the hearing. the' Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the bearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center. 915 10th Street, Third Floor. Greeley, Colorado. APPLICANT DOCKET NO. 89-21 C d M Companies (Distel Farm Resources) P.O. Box 490 Niwot. Colorado 80544 DATE: May 17, 1989 I . TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - _ , "“ I Open-pit mine and materials processing facility LEGAL DESCRIPTION; Part of the SE} SW} and part of the SW} SE} of Section., ' 8, and part of the Ni of Section 17. all in Township 2 North, Range 68 West of the 6th P.M. , Weld County. Colorado LOCATION: North of Weld County Road 20} and approximately 1.5 miles east of Weld County Road 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN • COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy y DATED: April 26, 1989 PUBLISHED: May 4, 1989, in The New News 890424 ,Cr XN,$/y o • • STATE OF COLORADO ) its. COUNTY OF WELD ) n,»... :«+ t... Y,M David B. Reynolds, being duly sworn, says that he is publisher of the �, nNf .' a :'-. New News, a weekly newspaper sower w.-.ow- published in Keenesburg in said County w�arrrara •t'•y and State; that said newspaper has a general circulation in said County , and has been continously and s -m• arw•tomr uninterruptedly published therein, + p bra*,r,4w:°": ,.. during a period of at least ge YMRa4 c . l�Ya-- fifty-two consecutive weeks prior to ;3gaer.. A.wa.�areu.' ..•� the first publication cf the annexed "e';' .."aP'°µ' :• notice; that said newspaper is a s.'m"r_ w'' newspaper within the moaning of the r •rtrepoir.rw; .,• ,..�.AM w6u,•al�+• act of the General Assembly of the Iseke. .• m e,,• State of Colorado, entitled "An Act .Ys Me. to regulate the printing of legal �• Vie: notices and advertisements," and na.• amendments thereto; that the notice . of which the annexed is a printed ,�r.� j,;. `" oro copy taken from said newspaper, was .Sa U nr,.ramay- -- published in said newspaper, and in omer s- ""°r':' the regular and entire issue of ¢ every number thereof, once a week •sar��i, '. °r.a•n Gowan • _'_ ta4y►M r for successive weeks; y, , that said notice was so published •- ' 'AMd in said newspape proper and not in e•sx u any supplement thereof, and that •.w0•a"u+ aG rbtt the first publication of said Rrrows, notice as aforesaid, was on the G+s+raw;. 4 day of May , 19 89 F1 and the last on the 4 day of os=41."Opeat Sat Amebic aserweiattw.se I May 19 89 B"' '.."ate•a'd Dw r snessri Subscribed and ..w n to before . ., 1112D. arig47u 1;,;,,s- om en.aasmAxe. me this $ day of May ,19 89 ' JILFOREn To- 1 11YaJ R�Y A0414 Wit''': tary_-?ubtiC. � f►,„ ( y comMistion_exp • 9-12-90 ' "e—i•ai 890424 i ' AFFIDAVIT OF PUBLICATION State of Colorado County of Boulder e " �I, Dean G. Lehman ,do qwReseetvms solemnly swear that the LONGMONT DAILY TIMES CALL is a £as..: ' ti daily newspaper printed, in whole or in part, and published in irlass�t°'�� i .n�""ry ' the City of Longmont,County of Boulder,State of Colorado,and �bs�.1"a.i"ww1P n e.r�w a ii ensee Densii.c, w ws ,C7,. __ a +-,� ea-4th'. . 454ks-s- whichhas general circulation therein and in parts of Boulder and �'rat+t�'rrr�a++�.+�h"�t.4�«.r> ar -^-^— Weld Coundoe; that said newspaper has been continuously and ..waswroh..R. a-aMrtwwrware.. w.snaNbsrrirmwrw wyr.o news s�we.sss."flaarnem.•s...iRs.T.. uninterruptedly published for a period of more than six months tw.swm./ea.on +.�x next prior to the first publication of the annexed legal notice of *>e _cwsaw nw advertisement, that said newspaper has been admitted to the i'snt sgth United States mails as second-class matter under the provisions ; -..�:iw.soriie�ii,".'�wn•;eem:ew inurvin,"berm. of the Act of March 3, 1879,or any amendments thereof,and that 'amasf..rtrww.w• .7e,, w+c.RSRR said newspaper is a daily i»wspapsr duly qualified for { e .. publishing legal notices and advertisements within the meaning .* ^w t +,, ,, of the laws of the State of Colorado;that a copy of each number of ra; +r • " ;ca• orat wve. said newspaper, in which said notice of advertisement was . ieiml.rn•R...wWU V�� .: +^ rar.wo ,:.n s x `re�a ca.c't asp. published, was transmit!ed by mail or carrier to each of the �a4ttra.,M.nv�,,, ',;c ti .�;*5 r•,� subscribers of said new'apaper, according to the accustomed +uraAiis ,. mode of business in this office. R �� ?um'.oacsirrme~eressev-isev; m.brlN.�roc.Ww .- *Y" yJ4 dRlyws+:ra l .6•. •.� /t.. ' •.e0 R.rT a.wa Ins"` That the annexed legal notice or advertisement was published sew oreio irt:ens, in the regular and entire edition of said daily newspaper once; tlen"aunt."sl"s .. rwnn;llrpYWwr.. tr.,r ...n.•e„+Pea rM.. I�,� wM0 . and that one publication of said notice was in the issue of said pv;67047....n+ .- � .Oa p.w b.l, ry IS'PS e •••••••,` newspaper dated May 3 , 19 89 It ice, • "wfa4'oe•wrglu..I .: ,a,y,; Genersi Manager Subscribed and sworn to before me this 3rd day of May ,19 89 Marl Cl`WAiY ft notary Public FEET 30.50 o°' "?!I nm.ls► APRIL 16, MENMfa SOO TERRY ST. IMMMMB LONGMOAM, CaQ,uoo.pper 8904? • • DATE: April 26, 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 17th day of May, 1989, at 10:00 A.M. Docket No. 89-21 - Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility, C & M Companies (Distel Farm Resources) OFFIC`E ��HE LER THE BOARD BY: J` A Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • 890424 (KHt&/7 Summary of the Weld County County Planning Commission April 18, 1989 Page 4 CASE NUMBER: USR-877 APPLICANT: C S M Companies (Distel Farm) REQUEST: Site Specific Development Plaa.and a Special Review permit for an open-cut gravel mine and materials processing: facility. LEGAL DESCRIPTION: Part of the-SE} SW} and part of the• SW} SE1-of Section 8, and part of the N} of-Section 17, all it T2N, R68W of the 6th P.M., Weld County, Colorado' LOCATION: North of Weld County Road 20-1/2- and: approximately 1-1/2 miles east of Weld County Road 1. • APPEARANCE: • Mike Applegate, P.E. . represented the applicants. This will be a dry mine operation. A conveyor belt will%transverse the-land to 'the working pit. • Gravel will be loaded onto the conveyor belt' and tratsperred to the loading and materials processing area. The use of the conveyor system will eliminat some of the noise and dust. They have been working-with Drew Scheltinga on the haul route. Reclamation plans were also reviewed. The Chairman called for discussion from the members of the audience. There was none. Bob Allen, Executive President, C `& M Companies,- reported there will be approximately five truck loads a day going out that will not be used by C & M. C & M's drivers' witt adhere to the.:delivery route.-but even. though signs are posted explaining the haul routs they have very little control over independent drivers. • The Chairman asked the applicants if they had reviewed the recommendation, conditions, and development standards set forth by the Department of Planning Services' staff:' They have reviewed-these-and have no.objections. The Chairman asked that a cope= of-!the Imdommendation, conditions, and • development standards be filed with the summary as a permanent record of the proceedings. • Tape 344 - Side 2 NOTION: • Ernie Ross moved Case Number USR-877 for C ,t-M-Companies. (Distal Farm) for a site specific 'development plan and a special review permit for an open-cut gravel mine and' materials processing:facilities be forwarded to the Board of County Commissioners with the Planning' Commission's -recommendation for approval based upon the recommendation, conditions, and developments standards presented, by the staff-and-the" testimony heard by the Planning • Commission. Motion seconded by LeAnn Reid. ?At= 890424 L' • Summary of the Weld County County Planning .Cotmission April 18, 1989 Page 5 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to -poll, ,the members., of the Planning Commission for their decision. Ann Garrison Yes. She feels this is a very good plan. It is one of the better plans that they have seen recently, but because of the possibility of this area having more and more pits and the area or vicinity also developing ,economically, she would hope that in the future we would be. Able to get:: enough. information: to know what the collective impact of all the pits would;be: onthe health and well being of the people in the area who are there now and also in the future. She has no problem with this particular plan, but she does feel uncomfortable with her lack of knowledge about the collective impact of all the pits in the area. Jerry Burnett - yes; LeAnn Reid - yes; .Ernie,Ross -.Yea, but he would like to echo Ann's concerns. Bud Halldorson - Yes, although he too expresses Ann's concerns. Motion carried unanimously. ADDITIONAL BUSINESS: Consider proposed amendments co Sections 10, 23, 24, 31. 33, 34, 42, 43, 47, 53, and 76. Keith Schuett stated the Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be ccndistent with the future goals, and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld_County.Zoning 0rdinance, The Chairman called for discussion from the members of the audience. There was none. . NOTION: LeAnn Reid moved that the proposed amendments to Sections 10. 23. 24. 31, 33.34, 42, 43. 47, 53, and 76 of the Weld County Zoning.be forwarded. to the Board of. County Commissioners,-with the, P,lanning,Commission`s recommendation Ior approval based' upon .the; recommendation of, the Department of. Planning Services' staff. ' Motion seconded-by Ann-.Garrison. The .,Chairman called for discussion,;from•. the members .of the Planning Commission. There was none..; #1s °e r} 890424 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolve& q �ty Planning Commission that the application for: Ntl r--� CASE NUMBER: USR-877 !!� ! APR21 128g NAME: C & M Companies (Distal Farm Resources) V ADDRESS: P.O. Box 490, Niwot, CO 80544 ruteust.spa REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. LEGAL DESCRIPTION: Part of the SE} SW} and part of the SW1 SE} of Section 8, and part of the Ni of Section 17. all in T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: North of Weid County Road 20-1/2 and approximately 1.5 miles east of Weld County Road 1. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County • Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies. I-25 Mixed Use Development Area Goals and Policies, Agricultural Goals and-Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. 890424 Exh'.b;-03 • o • C & M Companies USR-877 April 18, 1989 Page 2 - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. - The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. - A portion of the subject site is located in the Flood Hazard Overlay District. - Special review development standards will provide adequate protection of the health. safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant. other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached development standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the special review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mined Land Reclamation Board has the authority, to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 890424 • • C & M Companies USR-877 April 18, 1989 Page 3 4. Prior to hauling any material on Weld County Roads, as Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads and bridges by the operation. 5. Prior to the special review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: - The use by special review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations- - Individual sewage disposal systems„ or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. - An Emission permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for,fugitive dust and source emissions. - An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health, - A 404 permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access road onto Weld County Road 20-1/2 paved for a distance of 100 feet. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Ernie Ross Bud Halldorson 890424 • • C & M Companies USR-877 April 18, 1989 Page 4 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 18, 1989. and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 18th day of April, 1989. -per c ine Bobbie Good Secretary 890424 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1. The Site Specific Development Plan and Special Review permit is for an open-pit mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and 890424 • e C & M Companies USR-877 Page 2 B. All fuel tanks. septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890424 • • INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-877 Submitted or Prepared Prior to Hearing at Hearing 1. Application 70 Pages X 2. One application plat(s) five page(s) X 3. DVS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Rearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated March 29, 1984, from Drew Scheltinga, X Weld County Engineering 12. Memo dated March 23, 1989, from Judy Schmidt. X Weld County Health Department 13. Letter dated March 22, 1989, from Marta X Bromschwig, from the City of Longmont 14. Letter dated March 21, 1989. from Terry McKee, X Army Corps of Engineers 15. Letter dated April 3, 1989. Hal D. Simpson, X Colorado Division of Water Resources 16. Letter dated March 28, 1989, from Barbara M. X Bryan, Boulder County Planning 17. Referral response dated March 23, 1989. from X Orville L. Seder, Longmont Soil Conservation District 18. Referral response dated March 24.1989, from X Bill Emerson. Longmont Fire Protection District 19. Letter dated April 11, 1984, from Mark Matulik X to Larry Lang, Colorado Water Conservation Board I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on April 21, 1989. 75Current plane` STATE OF COLORADO ) C0Ef1T'44O "'W$LD ) gogElf4NDAPISWORN ,TO BEFORE ME THIS _.\ _ day of QQk.-\ 1910 SEMo LuC ;p (100 *aa*: NOTARY4 PUBLIC My Commission Expires ' 890424 • �Xh;b;# A ,,, commission fxpwa Feb. 13. 1993 • /1Q „e .,7X /Hi INVENTORY CONTROL SHEET Case G'7Y7K.� ai . lejf( I L acid-.t/Leal) Exhibit Submitted By Exhibit Description A. \PSnimojel, C X//i,�. o a'ti/l 4.4/ G B. • C. D. (1)4 4st, *Anit 44.1". - 7‘ 49,1114C P. C. . H. I. J. K. L. M. N. 0. 890424 Date: April 18, 1989 CASE NUMBER: USR-877 NAME: C & M Companies (Distel Farm Resources) ADDRESS: P.O. Box 490, Niwot, CO 80544 REODEST: A Site Specific Development Plan and a Special Review permit for an open-pit nine and materials processing facility. LEGAL DESCRIPTION: Part of the SE} SWI and part of the SW} SE of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the &eh P.M., Weld County, Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1.5 miles east of Weld County Road 1. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Coals and Policies, Urban Growth Boundary Area Goals and Policies, 1-25 Mixed Use Development Area Goals and Policies, Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. - The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. 890424 - • • C & M Companies USR-877 Page 2 - A portion of the subject site is located in the Flood Hazard Overlay District. - Special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application cubmitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached development standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the special review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads and bridges by the operation. 890424 C & M Companies USR-877 Page 3 5. Prior to the special review activities occurring en the site, evidence shall be submitted to the Department of Planning Services that: - The use by special review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations. - Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. - An Emission permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. - An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. - A 404 permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access road onto Weld County Road 20-1/2 paved for a distance of 100 feet. 890424 e SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1. The Site Specific Development Plan and Special Review permit is for an open-pit mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S., as amended. 3. The open-pit gravel operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms. or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and 890424 C 8 M Companies USH-877 Page 2 B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary ba:.ldings shall be removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require, the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • 890424 LAND-USE APPLICATION SUMMARY SHEET Date: April 11, 1989 CASE NUMBER: USR-877 NAME: C & M Companies (Distal Farm Resources) ADDRESS: 7916 Niwot Road, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine LEGAL DESCRIPTION: Part of the SE} SW} and part of the SW} SE} of Section 8 and part of the N} of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2; approximately 1.5 miles east of Weld County Road 1 SIZE OF PARCEL: 114 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the State of Colorado, Division of Water Resources, Weld County Engineering Department, Weld County Health Department, Army Corps of Engineers, and the City of Longmont. Referral responses have not been received from the Mined Land Reclamation, State Water Conservation Board, and Central Colorado Water Conservancy District. No objections have been received by the Department of Planning Services' staff from surrounding property owners. • 890424 •• • ' 25 [• • 1 ••.'•• fy p ,• s .• t • -•' • r ••'•I I l ?wr • i• v • s. .. .a•.1• + r 1. • i n' • ' w sr 1 w r•• �HHH• , w • wI ' ?. . ..• '' tl S,&Mn`. . 11; O , , 1•• • b • - w •• • • I / r• cam" •" I •,. is •', •�y� •44 . :; aj "• +I s e. ▪ • • 111 .e •▪ . \yI •� e P' • • ...rev I r Ji'tcs ' . 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' , 1S iai'� 4ra J1A`{dr7hj1 • y • t' t ♦ + .41. - a - ^ • \% 8$ 'R `s �x l0. • r= 'ear a+�1 ',4i�i 1��6t 10': m�rka t " • '�J.t v �tilc a, • i - '} 1 'it c,�a 1'•4�4j ,� )Fr�Y9'; S$;��4a� {/`)'}}1s��rjC„a + ti• r „ v..�a* e` y.:_ . i 0 FIELD CHECK Filing Number: USR-877 Date of Inspection: 3-04- $9 Applicant's Name: C & M Companies (pistol Farm Resources) Request: Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. Legal Description: Part of the SEI SWI and part of the SWI SE} of Section 8, T2N, R68W and part of the NI of Section 17, T214, R68W of the 6th P.M. , Weld County, Colorado Location: North of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1. Land Use: N Q�s1e.r / So,.." Fro ..-l/ .4.O,pa -P ;‘Lt E A t v,',c cj-f-,A Y O. / &re..m i ti 4 vies 7 aeT-S • pp U // V What L/' 1 S AA '0. ru L-twe-yt_l l-P r,(1QNZV i 1✓V`.QQ What -v—.n l.C�.n ) \ C 1 W4o. N�CMLT..va �,_. C tV'V';�O�TiPd T�•..ck r�.... i�.G J Zoning: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: re recorArne �el access To oe vou.Ted -To zo2 aro `7SoT1v\ - 2 07; Liles( To Cou,_Crr` 1_11,-. e etaa . RD 00;4 1AoS J n ( / 9 n-r„ 8R , b6& Crot/C Etc 77 I13( .q!:17\1.7 ll i __ 9et.L.,\Lcalje,jii MAR 2 8 1989Signature of Boa d Member VMId Co. %alxmn imamossluv . 890424 • r S REFERRAL LIST NAME: C 6 M COMPANIES (DISTEL FARM RESOURCES) CASE NUMBER: USR-877 REFERRALS SENT: March 14, 1989 REFERRALS TO BE RECEIVED BY: March 28, 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service �Dacono Emergency Management Office Eaton Sheriff's Office Erie XEngineering ~Evans __Housing Authority Firestone _Building Inspection Frederick • _Garden City STATE Gilcrest X Division of Water Resources , _Greeley Geological Survey Grover X Mined Land ReclamationHudson 'Highway Department Johnstown Historical Society ----Keenesburg X Water Conservation Board ..- Kersey Mil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS X Longmont Ault 1-1 Mead _Berthoud F-2 Milliken Brighton 1-3 :New Raymer �Dacono F-19 Nunn "Eaton F-4 _Platteville `—Hudson F-7 _Johnstown F-8 COUNTIES ~La Salle 1-9 Adams X Longmont 1-10 X Boulder _ Milliken F-11 _„Latimer ----Nunn F-12 ----Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES 'Platte Valley F-14 X US Army Corp of Engineers Poudre Valley 1-15 ~USDA-APHIS Veterinary Service Raymer ----Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 Higgins 1-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton GIBER Fort Collins X Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. X Longmont _Tri-Area Planning Commission __West Adams COMMISSION/BOARD MEMBER �X Ivan Gosnell • 890424 • A—cersic, m?m®RAnDufrit To Keith SChuett, Planning -pbteMar 1989 COLORADO From brew Scheltinga, County ELigineer C & M Companies (Distel Farm Resourses) USR-877 s bpo..• According to Table G in the application materials, C & M Companies anticipates 200,000 tons in annual sales of material. If we consider the pay load for each truck as 25 tons, hauling for eight months out of the year, and twenty working days per month, this site will generate 50 truck trips per day. Obviously, that is a major impact on the Weld County road system in the area. Sridge•20.5/3A is immediately east of the site. It was originally a wooden bridge that has been widened on each side with steel stringers. It is presently rated at 36 tons for the configuration of truck that will haul material from the site. The maximum legal weight for that vehicle is 42 1/2 tons. The applicant indicates that he must haul to the west to Weld County Road 1 and the north to Colorado State Highway 119, and south to Colorado State Highway 52. Extensive gravel mining has been permitted in this area. Road 7 has been identified as the haul route for these pits and has received substantial construction and repair from the original operators. Also, Weld County has maintenance and improvement agreements with these operators. It is my opinion, directing the traffic from the C & M site east to County Road 7 and then north and south, is the desirable haul route. A recent traffic count on Weld County Road 1 at Weld County Road 20 indicates there are 1500 vehicles per day on' the-county line. That is a very high traffic count for a two-lane road with the geometery of Road 1. Adding 50 gravel hauling units is not advisable since another route exists. Also, neither Road 20. 5 nor Road 1 has had the repairs and upgrade to support gravel hauling, as has Road 7. Keep in mind, depending on which statistic we choose to use, one loaded truck puts the same stress on pavement as does 8,000 automobiles. I recommend the Road 7 haul route be preserved. The applicant should be required to investigate the possibilities of making structural modifications to Bridge 20.513A that would support their hauling. If that is not cost effective, replacement alternatives should be discussed. } MAR 3 0 1901.11s WeM ca.ewoaat 890424 • • • Memo to Keith Schuett, Planning C & M Companies Page Two The maps accompanying the application materials indicate the access would run along the abandoned portion of the Burlington Northern Railroad right-of-way and intersect Weld County Road 20.5 at a very sharp angle. This condition is unsafe for turning truck traffic and should not be allowed. The applicant should indicate how he will safely access Road 20.5, and provide the appropriate plans. The applicant should be required to enter into a Road Maintenance and Improvements Agreement, as have the other operators in the area. DLS/mw:prc&m se: Commissioner Lacy Planning Referral File - C & M Companies, USR-877 feet; mtmoRnnDurf Wilrc Weld County Planning _orb March 23. 1989 COLORADO e,,,„ Environmental Protection Services 91� ii subs.cn Case Number: USR-877 Name: C b M Companies Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti—freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust must be confined on this site. 5. A vault, is required for the proposed gravel facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The septic system is required to be designed by a Colorado Registered Professional Engine;.,according to the.Weld County Individual Sewage Disposal Regulations. EPS/dgc �4 ti�(Cti�`stS�y��4 11` ma 2 d 1989 . � - 88p0��f�[ Mete Cu. DI'h° a.„ 124 LOAres c.:)F DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION • ,_ O Civic Center Complex / Longmont, CO 80501 COut> a.�w (303) 651-8330 0R March 22, 1989 Mr. Keith A. Schuett, Current Planner weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-877 • Dear Mr. Schuett, Thank you for sending to the City of Longmont for our review the application from C & M Companies (Distel Farm Resources) for a site specific development plan and a special review permit for an open-pit mine and materials processing facility. The proposed 114 acre site is located between the St. Vrain River and WCR 20+ approximately 1.5 miles east of County Line Road. As the City has commented on similar applications, we are concerned about air quality: notably particulates. The City trusts that through the various county and state review processes, any air quality impacts will be identified and mitigation actions specified. According to the application materials, 75% of the truck traffic is estimated to travel north on County Line Road to SH119. Then the application estimates that 25% of the trucks will travel west on SH119, and 50% will travel east. If this additional truck traffic requires any modifications to the SH119/County Line Road intersection, the City requests that such modif- ications be resolved during your review. Again, thank you for the opportunity to comment. If you have any questions, please call either Froda Greenberg or me at 651-8330. • Sincerely, f 71521 TX4 r 1.1 Marta Bromschwig, AICP Planning Director ' '•.lA2 2 1 1989 M8/cr xc: Phil DelVecchio, Community Development Director WeIdto. 'bow Wcm;rtar File: #2050-8 • tHT p, . • Ii ? `** 17i • DEPARTMENT OF THE ARMY a et OMAHA DISTRICT, CORPS OF ENGINEERS Q , . ROCKY MOYNTAIN ARCH •`` 2000 S. CIRCLE OR.. NORTH SLDG. SUITE GL 10 6.44'1/44-4,00.1 #0 0. ..." COLORADO SPRINGS. COLORADO soD00.4,se 'ATTT,o,OLY O Of March 21, 1989 Platte River Resident Office U.S. Army Corps of Engineers 9307 State Highway 121 Littleton, Colorado 80123-6901 Keith Schuett Weld County Department Of Planning Services 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: Reference is made to Case Number USR-877, Distel Farm, Use by Special Review for a mining operation located in Section 8 and 17, T-2-N, R-68-W, Weld County, Colorado. During a March 21, 1989 site visit conducted by me, it was found that wetlands exist on this parcel of land. See attached maps showing the approximate wetland locations. The review of the mining plan shows what appears to require the filling of wetlands at the plant site which may impact approximately 4.34 acres of wetland. As you know, the Corps of Engineers has Regulatory jurisdiction over waters of the United States which include adjacent and isolated Wetlands, pursuant to the provisions of Section 404 of the Clean Water Act (33USC1344). Under this act, prior authorization is required from the Corps of Engineers for the discharge of dredged or fill material riverward o the ordinary high water mark of waters of the United States and into wetlands. This Regulatory jurisdiction is administered under Federal Regulation 33 CFR 320-330. Therefore this office should be contacted for proper Department of the Army Permits. Please find enclosed Department of the Army Permit Application material. If you have any questions concerning this matter, please feel free to contact this office or tall Terry McKee at 303/979-4120. Sincerely, �{ cf: Terry McKee Permit Files Environmental Resource Specialist Omaha Permits Branch _90424 . i ' ? ". i ' •' it .P6 \\\ I I I a \. r ASIA / • "�• ( , �.. I j / . / r / . ' '\ �..• , I i A . . 0REAt' J. WESTERN �\.`p9Ir.. .. _ .. i ... 1 (\_ _ I —41 1J- . 1 i b $ w6 `` Q • � •I \`\ 1•••• N.I 41) x�`. 0 ' . .; —1?-/.7 } a .. _ .` • w . 0, •/L. 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O.11 4 r er, Y��7• R14)-. • �Q��j.•' 1 890424 OF' 'Co • , • # 7 ROY R0MER re•:' JERIS A.DANIELSON Governor y y State Engineer ♦ w *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver,Colorado 80203 (303)888.3581 9716157075" 16157075" April 3, 1989 �2'lllnJ2 J4�V APR 6 1989 Mr. Keith A. Schuett Wttd Co. Ptaaawt tea. Weld County Planning Department 915 10th Street Greeley, CO 80631 • Re: C & M Companies, Distel Farm Resources, USR-877 SE1/4 SW1/4 and SW1/4 SE1/4, Sec. 8 and N1/2, Sec. 17, T2N, R68W Dear Mr. Schuett: We have reviewed the above referenced proposal to allow a gravel mining operation on 114 acres. Two ground water lakes will be created by mining with a total surface area of 78.6 acres. Evaporation of ground water is considered a beneficial use and, therefore, well permits are required prior to excavation creating the lake surface. Since the pits are located in an over-appropriated area, the well permits could not be issued without an approved plan for replacement of losses to the system. The information submitted discusses a plan for augmentation apparently using the applicant's rights to the Coffin and Davis Ditch. We have no record of such a plan being approved by Water Court. We cannot recommend approval of this proposal until the applicant has obtained approval of a plan for the replacement of the losses to the system and a well permit for the proposed lakes. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:1499I cc: Alan Berryman, Division Engineer Steve Lautenschlager 890424 • • • flea Post Office Box 471 •DouWer.Colorado 80306 • Boulder Land Use Department ,.. County. 2040 14th Street•14th 6 SONCe Streets•AdmANshOBY•SeMen Build®,2AC Roar•Boulder,Cd 0]02or000 6 •(303)441J03a March 28, 1989 Keith A Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case number USR-877 C & M Companies (Distet Farm Resources) • Dear Mr. Schuett: The Boulder County Land Use Department staff has reviewed this request for Special Review and Site Specific Development Plan for an open-pit mine and materials processing facility submitted by C & M Companies. After consultation with the County Public Works staff, our only question concerns traffic impacts to County Line Road. The report did not provide an estimate of number of daily trips; this information would certainly be helpful and is requested by our staff in evaluating the project. Thank you for the opportunity to comment on this matter. Please do not hesitate to contact me if you have questions concerning this response. Sincerely, Fe .0."Q Barbara M. Bryan Long Range Planner BB/nj qv c: Bruce Johnson, Public Works Department rioraTRy.tc-o7 MAR 2 9 1989 weld Co. filanan lauatmssioP 890424 Josephine W.Heath Ronald K.Stewart Herbert E."WY'Smart,Jr, County Conm.s•oter County Commissioner County Cetnmssconer . •t • DEPART. NT OF PLANNING SERVICES ` + PHONE(303)355.4000 EXT.4400 �q �� i' 9151Qth37REET � i `e "Th4:0* GREELEY,COLORAOo80W1 IV • . 4 a..i.v; it et PA; . :S ec.I' �'7` AC �. • CASE NUMBER USR-877 . COLORADO March 14, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies (Distal Farm Resources) for a Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. The parcel of land is described as part of the SEI SW} and part of the SW} SE; of Section 8, and part of the NI of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 20-112, approximately 1.5 miles east of Weld County Road 1. • This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request'would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 28, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our. address . listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 0 �2. We do not have a Comprehensive Plan, but we feel this request . �l (is/is not) compatible with the interests of our ol . r� tC:.v for the following reasons: %O - GI a z ---. l t r t ,r____,:117/2]fl3, x we have reviewed the proposal and find no conflicts with our l interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. qq�� PP�leaaseQrefer to the enclosed letter. Signed:-LJdRCl 'i I. alid i Agency: Longmont Soil Date: March 23, 1989 Conservation District 890424 it DEPARTErNT OF PLANNING SERVICES • PHONE(303)336-6000 EXT.4400 ‘.1 91510m STREET. HGREELEY.COLORADO 80031 11:::4:jv ,i,„411. 4.4%c 4e) *t &'• CASE NUMBER ESR-877 COLORADO March 14, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies (Distal Farm Resources) £ot a Site Specific Development Plan and• a Special Review permit for an open-pit mine and materials processing facility. The parcel of land is described as part of the SE1 SW} and part of the .SW} SE} of Section 8. and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M., Weld County. Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 20-1/2, approximately 1.5 miles east of Veld County Road 1. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by•March-28r1989 so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. .f' 2. We do not have a Comprehensive Plan, but we feel this request 7' (is/is not) compatible with the interests of our VD town for the £ollowirg reasons: o, N (7,„ UD a Cr} S / 3. V We have reviewed the proposal and find no conflicts with our S�L�J interests: J4. h formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Ar.V('.,.or r /cute Signed: Agency: p,1tr. pry„t/r7- Date: ?-a11— 89 890424. 1 • Mailing List C & M Companies (Distel Farm Resources) USR-877 C & M Companies • P.O. Box 490 7916 Niwot Road Niwot, CO 80544-0490 Melba C. Distal 1443 Weld County Road 20-1/2 Longmont, CO 80501 C & M Ready Mix Concrete Company of Boulder 2716 Niwot Road Niwot, CO 80544-0490 Prank S. and Andrea P. Bigelow 990 East Highway 119 Longmont, CO 80501 Charles R. and Shirli Mae Sages 998 East Highway 119 Longmont, CO 80501 City of Longmont Civic Center Complex 3rd and Kimbark Longmont, CO 80501 Tull Cattle Company c/o Richard Meyer Flatiron Sand and Gravel P.O. Box 229 Boulder, CO 80306 Ted L. and Janine Cox 1767 Weld County Road 20-1/2 Longmont, CO 80501 Anita Terhune 1710 Weld County Road 20-1/2 Longmont, CO 80501 Lee Ervin Olson 1738 Weld County Road 20-1/2 Longmont, CO 80501 890424 mp i • Mailing List C & M Companies (Distel Farm Resources) USR-877 Page 2 Berman and Betty Schlegel 1262 Weld County Road 20-1/2 Longmont, CO 80501 Equitable Life Assurance Society of the United States P.O. Box 2926 Overland Park, KS 66201-1326 890424 • Affidavit of Pubtication STATE OF COLORADO • County of Weld ss. I A.TVlnkter Memel of.aid Craggy of Wald being duly wore,way . *Mclean publisher of - :+,+?:• .T;., • PLATTEVILLE HERALD that.the same is a weekly newspaper of general circulation was 11pTICt Or mama MtattlNti petted and published to the town of V, .The.Wall Cauety ►Lanais PLATTEVILLE Ceawra.e will roll a monk In said emery and ate that the cafe of advaasement.of which hang mm Tswday, a m se, Ne annexed la a true copy haa bee published In said weakly ' nee,as tar lase OS tab raps al argent a xla-erwMO newspaper for We Flail as • ., W. use ramie W sea .evai el W. �„� c consecutive weeks: rows, w.w.,.arr yr el VW that the notice waa published m the trier tattoo t.ess of every r.weew:ewe .rear a reap *ISnumber of said newspapedutm de g the paled mod w of publication i rig marnwM. .• of mud notice sad to the newspaper proper and not Ina a.ppkmalt AflUCMttc a N Coa.eite thereof:that the list pubtlxadon of rid notice wee contained m the nn.rr s..m 1/4_ sag pe bearing the date of boas, oa M cN►f10Nt or / the H W tart W NM Pan el cos 14. -u�A Q 14199 and the last publication • O'tH S 1N et S'°llm' a• w m the tame of sad newspapa.healing Mtn. :Ps out of Me e In os a. i 1>..N TtM,.Mew arth a is am r,n. the '2•Z' day of d Wale AN0.INTENSITY OF 2�,iL� / memento trots opa•Nt ma. ',f] Tar, that the said ant awrdaa prer.N^i a, / t.00AW ad Mont. at Weld County FS 30.1/2 w tetras.. PLATTEVILLE HERALD awewy a maw Ilea In Wag ' County Nay t. has been published oontmuou.iy and usntaruptedly during the nip lie awn,awn or cone period of at least ilfly-two conaecuwe weeks next prior to the first *Ms WWI'Werra w is se 154110 thereof containing said poem or advertisement above referred In••the. ••Weld Casty to: and that said newspaper was at the time of each of the CaeS.dwie.a• sating Mesa..publications amid notice dulyquabfted far that papaw within the • First flees, Weld .Corny meaning of en set entitled. An Mt Concerning Legal Notices. Miniver N 'CLAW. Mr Tenth Advmtiaemmg and Publications and the Fans of Printer•and suns. ttreamy. Coined*, Publishers thereof. and to Repeal all dots and of In Cersw'w Sr obteotMM Masse CanilkcMN Provisions ofthle 'April T. 911 and • Cm sel fie la Wag anal ae all f. and amended CiwnW lw t wren:if wen Wag f -CmnaY MS Ten Wrest Manias app .C �� ? 1� 931, awns,MS Tenth 4�s.:Re.m k/.t`./t�Cj/�J sit..dna % Deen a anti. Ware.mr aline YY'M are- Publisher awned of Ike walk harts on 1 IS tot. via • Canes et So grn.een Ma �Sub.e......27�and[(/��worn to t,ail re ma a.?,,,, ?!day of walla*w rue►wewlsi L �'^•��-A.Q 1917 ase mts.R M at PS Mk lanalnCounty e Carhranhtr am... Not Thant w.Gna Cesar rat.• . — Mine. ta.Aeeo, MawnMan' x ✓ / testA-1Notary public ra0m. - . 4 415 SFNVER AVENUE ' W.ldcs•�"'nan '' i Flrrtlef Gw.W.Se FT. LU ►PTON, CO 80621 staltSd la the Statesville ' Weald,151*tt. ISO. . 2 . ,e My cununurloa expires June 1972 •..._.•:.•,. "e ''_re301C22 i:;q vt rot...._.+.. QY.J., ;. , •g� •is •• 890424 4 • e MEMORANDUM COLORADO WATER CONSERVATION BOARD ).WIIUam McDonald Director TO: Larry Lang FROM: Mark Matulir Qtr` DATE: April 11. 1989 SUBJECT: Review of Mining Permit Application Distel Farm Resource Weld County, Colorado I have reviewed the attached document and offer the following recommendations. The Distel Farm Resource, Mining Permit Application is a request for approval from Weld County to conduct open pit mining of aggregate tor its concrete plants in Weld, Adams. and Boulder Counties. The transmittal letter from the consultant who prepared the study. Tuttle. Applegate. Rindahl, Inc. . to the county planner states "This type of use is encouraged by the County in floodplain areas." The body of the study follows, where at Exhibit D (page D-1) maps are provided which clearly show the larger part of the mining operation being conducted in the 100 year flood hazard area of St. Vrain Creek. Following the type of statement made in the transmittal letter. I reviewed the Weld County Zoning Ordinance, August 2. 1988. Section 53 is the Flood Hazard Overlay District. Under Section 53.2 Purpose, the following provisions are set forth. - 53.2.10.3 Controlling the alteration of natural floodplains, stream channels a natural protective c barriers, which help accommodate flood flows. - 53.2. 10.4 Controlling filling, grading, dredging and other development which may increase flood ?J damage. and J 53.210.5 Preventing and regulating the o - J construction of, flood barriers which unnaturally divert flood waters which may increase flood JNLJ hazards in other areas. 9804E 890424 • Section 53.5.2 states "Nothing in these regulations shall be construed as exempting an applicant for a Flood Hazard Development Permit or from any other Weld County regulatory requirements. " As such, the applicant should be required to obtain and fill out a "Flood Hazard Development Permit" before the mining operation begins. Section 53.6.1.4 states: "No encroachments, including fill. NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS. and other DEVELOPMENT shall be permitted unless certification by a registered professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in FLOOD levels during the occurrence of an INTERMEDIATE REGIONAL FLOOD. " More importantly Section 53.6.1.7 states: "Land within the FW (Floodway) District shall not be used for the storage or placement of the following: flamable or explosive materials. sand and gravel and other mineral deposits, fill material, and materials that. in times of FLOODING, are buoyant." Exhibit G, at page G-1, states that "stockpiling of the aggregate will occur outside the floodplain. " Therefore, it is possible that the mining activity could improve conveyance on St. Vrain Creek in the project area. . MDMlgl 890424 -2- I � I a:grCei!ifi i 474.ill 1 • C8� MCOMPANIES I DIS 'CELAM: RE OUF E . A 1 -APPLSCAT:OM FOR A MINING USE BY .SPECIA-L' REriE"-d Fc'RMtT - ?N �. WELD COUNTY, COLORADO MARCH 1959• -__,1 I M _ ='•, 44TT4E,APP`,,ECATF RS$DAHL .NC. "'"4. .S .(e.aL(MS fee.Lod and l4YhI,:O :aK... , 89+u424 I I =WS GIORIOM TUTTLE APPLEGATE RINDAHL, INC. Ir Consultants for Land and Resource Development IMarch 8, 1989 I Mr. Keith Schuett Weld County Department of Planning Services I 915 Tenth Street Greeley, CO 80631 IRE' Distel Farm, Use by Special Review for a Mining Operation Dear Mr. Schuett. I With this letter we are requesting a Use by Special Review for a mining operation within the agriculture zone. We are including for your use the complete Regular Operations application for a 112 permit I as administered by the Colorado Mined Land Reclamation Division. This application will fully describe our proposed use of mining and the final reclamation as proposed. Any additional information as I requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. I The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit is necessary to provide aggregate to C&M's concrete plants in Weld, Adams, and Boulder Counties and for I construction materials for the 1-25 Mixed Use Development area. The subject property is adjacent, to the I-25 MUD area. The proposed use is consistent with the intent of the District, since this area I contains a valuable. resource and will be restored to a beneficial use. The reclaimed after use is pond and pastureland, which is compatible with adjacent agriculture uses. The St. Vrain 'Corridor' is of interest in this area for passive recreational uses. This reclamation I plan does not limit any recreational potentials. This operation will not adversely impact the agricultural economy of the County, and the water rights of other irrigation users will be protected. 1 The Reclamation Plan shows mining will have a large setback (1/4 mile) from the County road to allow reclamation and continued use as pastureland. This reclamation scheme is consistent with existing land I uses as well as anticipated proposed land uses. Agriculture is presently found surrounding the property. I The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as ponds, for use as a wildlife habitat. This type of use is encouraged by the County in floodplain areas. Pleas refer to the submitted Flood Hazard IDevelopment permit application for a more detailed analysis. 890424 ll 11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 I ��ea no Imin no in no n TUTTLE APPLEGATE RINDAHL• INC. Consultantsfor land and Resource Development I Mr. Keith Schuett Weld County Department of Planning Services I March 1, 1989 Page 2 The use is proposed to be located in the "A" District. The applicant I has made a diligent effort to conserve productive agricultural land by locating the use adjacent to the St. Vrain corridor while leaving areas south for continued agricultural use. The use will not Iadversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and I welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable state Ipermits. Noise from the processing site equipment at the property line will not I be a problem. The closest processing site is a minimum of 1,500 feet from Weld County Road 20-1/2. This distance will adequately dissipate any noise which could be louder than the noise created by vehicles on the gravel road. The nearest residence is 1,500 feet away. At this I distance all noise will be less than the agricultural noise standards developed by the State Department of Health. I Compatibility with surrounding land uses is insured by location and setbacks. To the west, north, and east exist agricultural lands which are not affected by the proposed operation. To the south exists the Distel farm residence, but the 1,500 mining setback safely separates I the house from the operation. The mining and processing operations will generally work on one 8-10 1 hour shift, 5-6 days per week. It is expected the operation will employ five workers on-site. 1 There will be no animals allowed near the mining and processing activities of the proposed use. Vehicular traffic and access routes are discussed in the accompanying "Traffic Patterns" statement. The statement has been provided separately for ease of reference by County I Engineering personnel. Domestic sewage facilities will consist of one portolet at the scale house. There will be no permanent structures proposed with this use. A portable conveyor, processing plant, and scale house will be erected for use with the site mining. The equipment used is delineated on the Use by Special Review application and in the attached Exhibit D. 1 890424 I Yi I TUTTLE APPLEGATE RINUAHL, INC. I ? Consultants for land and Resource Development I Mr. Keith Schuett I Weld County Department of Planning Services March 1, 1989 IPage 3 In order to minimize the visual impact of the operation, the mining is divided up into specific small scale phases. These phases will limit the amount of disturbed , ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which I includes the planting of trees. Phasing is shown on the attached Exhibit C. ' More trees will be re-established on the site than presently exist. In addition, all the trees along the oxbow of the river will remain within the 150 foot setbacks. Detailed reclamation plans are discussed in the attached 2xhibit E and shown on Exhibit F. IThe pit is located in the floodplain as defined by the Federal Emergency Management Agency (PEMA) and shown on the Flood Insurance I Rate Map (FIRM) . The north and eastern portion of the site are shown in a zone designated as Zone A, 'areas of 100-year flood; base flood elevations and flood hazard factors not determined'. The south and II I west portions of the site are not located in, the floodplain as defined. The operator will comply with Section 53 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. IStockpiles will be aligned in the same direction of the stream flow, therefore, minimizing the potential to increase the depth of backwater I from the site. The stockpiles will be located in areas of minimal floodwater depth, therefore, reducing the potential of altering the water course and reducing the potential, of the materials becoming buoyant and leaving the site. Approximate sizes and locations of I stockpiles, plant site, material storage, and sedimentation ponds are shown on the accompanying Exhibit C. I The operation scale house will be equipped with a fire extinguisher. Other extinguishers may be provided at the project plant site. The site will lie within the Longmont Rural Fire Protection District. I C & M Companies carries general business liability insurance to the extent of not less than $100,000.00. I The Regular Operations application Exhibit 0 discusses the availability of water for process washing and the availability of water rights for supplemental water for consumptive use as determined I in the augmentation plan already submitted to the Water Court. Drinking water on-site will be provided by the operator in the form of bottled water. . 890424 1 Y W. 1 -- TUTTLE APPLEGATE RINDAHL, INC. 1 T Consultants for Land and Resource Development I Mr. Keith Schuett Weld County Department of Planning Services March 1, 1989 Page 4 This mining operation will not cause injury to vested or conditional I water rights along the St. Vrain River. The district Court for Water Division X is currently reviewing the filed augmentation plan. I The title policy and lease agreement between C & H and Hs. Distal is included in the attached Exhibit 0, to demonstrate the applicant's interest in the property. Soils information is included in the attached Exhibit I. The soil does not pose limitations to the proposed mining use. 1 Cordially, TUTTLE APPLEGATE RINDAHL, INC. Daniel P. Giroux, P. • 1 DPG/mo Encs. cci File 888-181 I • 1 I I 1 _ 1 890424 r WELD COUNTY, COLORADO SPECIAL USE APPLICATION for OPEN CUT MINE PERMIT (gravel pits, etc. ) IWeld County Department of Planning Services, 915 - 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 I P ?r Department of Planning Services Use Only Case Number. IDate Application Received. PC Hearing Date. ISection. , Township. North, Range. West Zoning District. IRecording Pee. Permit Tee. Recording Pee Receipt S. Receipt Number. IApplication Reviewed Sy. ITo be completed by APPLICANT in accordance with procedural guide Requirements. r 1. I (we) , the undersigned, hereby request a bearing before the Weld County Planning Commission concerning a proposed Open Cut gravel (gravel, coal, borrow pit, etc. ) mining operation for the following described unincorporated area of Weld County. ILEGAL DESCRIPTION The SE it4 of the,JW 1/4,jf Sectjon 8 Township) Forth. Rance 68 West. and. the SW 114 of the SE 1/4 of Section 8. Towlishiv 2 North. _Mange 6B. West. less the S 1/2 of the SE 1/4 of the SW I1/4 of the SE 1/4 of ,paid Section. and. tbe North 1/2 of the U 1/4 of the Ne 1/4 of % e Mw 1/4 of ,Section 17. Township 2 North. Rance 68 West. Being 79 acres more or less. The parcel under lease is gescribed as folliwa. The N 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 pnd. the S 1/3 of the N 1/2 of the NE 1/4 9f the NW 1/4 and_. thy N 1/2 9f the S 1/2 qS the IS 1/4 _of the NW 1/4 and. the NW 1/4 of the 31W I 1/4 of the NE 1/4. 1111 in Section 17. Township 2 North. Ranee 68 West of the, 6th P.N. . Being 35 acres more or less. Part of Section 31. Township 6 North. Ranee 66 West of the 6th PM. Weld County. Colorado Tpta1 aquae of use ip 114 acres. more or lyss. 2. Surface owner(s) of area of land described Name.C&M Companies Mddress.7916 Pivot Road Phone.443-1099 1 pivot. CO 80544 Name.gelba G. Distel Address.1443 VCR 20-1/2 Phone.fl-3353 &,pncmont.C4 80501 r 890424 i i 3. Owner(s) of mineral rights to substance to be mined Name:C & M Companies Address:piwot. go 80544 Phone:443-1099 4. Source of applicants' legal right to enter and to mine on the land described.please refer to Exhibit 0 of accompanying packet. Lease with Melba Grave Distelz title_policy from Transamerica Title I 5. Address of applicant and general office Applicants Address.7916 Niwot Rd,Niwot.00 80544 Phone.352-6057 General Office Address.Dox 490.Niwot.CO 80544-0490Phone:352-6057 I 6. Identify any prior permits for mining held by applicant or affiliated personiURD 1(-84-1982 MI,RD M-02-225: MLRD M-73-107 (All Souldet County) I7. Description of Operation a: Types and number of operating and processing equipment to be employed.gortable Convenor-2.500-3.000feet?Crusher-12Screen- 22 Dewatering_ S_C_rew-1!FrontLoader-22Excavator-l:Classifier-1: Scale House/Office- 1225-Ton(End)Dump Trucks-122Piease see attached Exhibit D. ib. Maximum number of employees._S, and number of shifts:_ i c. Number of stages to be workedI30 phases , and periods of time each is to be worked:Rpproxjmately one year will be spent mining each phase. dependent upon material market. 1 d. Thickness of mineral deposit:4 to 17 feet, and thickness of the overburden.0 to 7 feet. Ie. This will be a wet/may pit operation. f. Site entrance/exit points and county roads and bridges to be i utilized between site and delivery point(s) (must be coordinated with County Engineer)ISite access will be from VCR 20-1/2. Traffic will use NCR 2Q-1/2 west to County Line Road. Please see accompanying Traffic J4tjtyment. Have ' coordinated with Drew Scheltinca. 8. Description of Rehabilitation ia. Proposed rehabilitation land use(s) .rastureland and ponds b. Source of technical advice for reclamation:Colorado Division of Wildlife. USDA $oil Conservation Service ic. Explanation of Reclamation Process:$ide slopes graded to no steeper than 3H:1V. Topsoil will be stripped. stockpiled. i and redistributed. for seeding throughout, as mining proaresses. Shorelines till la graded. topsoiled and seeded for reclamation. Compacted areas-plant site. stockpile • i areas. haul areas- will be scarified. ton led. and seeded. jsr a more comprehqpsive description. please_ refer to Exhibits E and r of the accompanying racket of materials. i ■ 890424 i 1 I hereby depose and state under the penalties of perjury that all Istatements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. iCOUNTY OF Nell STATE 0? Colorplo Signatures Owner/Authorized Agent lece I Subscribed and sworn to before me this day of ` tiQ:.:S. 2, r.` SEAL y yQ WO ARY PURL 49 .71,.. My Commission expires; �� o. ._E- q ��j••,2,7/ 7 a .,irk N�"•nitsi1 fre iv r i i t i 890424 IAFFIDAvIT OF INTEREST OWNERS ' SURFACE ESTATE • Application No. ISubject PropertyDistel Farm, T2N, R68W, Sections 8, 37, Weld County, Colorado STATE OF COLORADO ss. COUNTY OF WELD ) - THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and Accurate list of the names, addresses and the corresponding Padreel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County'Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. I of %IS• GAUL .% The foregoing instrument was subscribed and worn to before me this _Y_ day 191414 nba . U O0. WITNESS my hand and official seal. `\\„0��um,l�lunr,��,��` Hy Commission expires: C5t�. Pc -.A.Ar. • btic 890424 � I I INAMES OF OWNERS OE PROPERTY WITHIN 500 FEET Iparcel Identification Owner of Property (Surface Estate) . pumper Address I1313-08-000-017 Distal, Melba G. 1443 Weld County Road 20-1/2 ILongmont, CO 80501 1313-08-000-017 C & H Ready Mix Concrete Company I of Boulder 2716 N#Mot Road Nivot, CO 80544-0490 I 1313-08-000-028 Bigelow, Frank S. & Andrea P. 990 East Highway 119 Longmont, CO 80501 1 1313-08-000-033 Hayes, Charles R. & Shirli Mae 998 East Highway 119 Longmont, CO 80501 1 1313-08-000-032 City of Longmont Civic Center Complex I 3rd and Kimbark Longmont, CO 80501 ATTN: City Clerk I 1313-08-000-030 City of Longmont Civic Center Complex 3rd and Eimbark I Longmont, CO 80501 ATTN: City Clerk • I 1313-17-000-027 Tull Cattle Company c/o Richard Meyer Flatiron Sand and Gravel P. 0. Box 229 I Boulder, CO 80306 1313-17-000-035 Cox, Ted L. & Janine Cox 1 1767 Weld County Road 20-1/2 Longmont, CO 80501 I 1313-17-000-057 Terhune, Anita J. 1710 Weld County Road 20-1/2 Longmont, CO 80501 I 1313-17-000-0S6 Olson, Lee Ervin 1738 Weld County Road 20-1/2 Longmont, CO 80501 890424 I i 1313-17-000-013 Schlegel, Herman (1/2 interest) Schlegel, Betty (1/2 Interest) 1262 Weld County Road 20-1/2 Longmont, CO 80501 1313-17-000-022 Equitable Life Assurance Society of the United States P. 0. Box 2926 Overland Park, KS 66201-1326 1313-17-000-048 Equitable Life Assurance Society of the United States 1 P. 0. Box 2926 Overland Park, KS 66201-1326 1313-17-000-049 Bigelow, frank S. & Andrea P. 990 East Highway 119 Longmont, CO 80501 1313-17-000-052 C & M Ready Mix Concrete Company of Boulder 7916 Pivot Road Niwot, CO 80544-4090 • i 1 890424,. , 1 AFFIDAVIT OF INTEREST 9WNERS MINERALS AND/OR SUBSURFACE • IApplication No. Subject Property Distel Farm T2N, R68W, Sections 8, 171 weld County, Colorado i • STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under • the parcel of land which is the subject of the application as their names Iappear upon the records in the Weld County Clerk and Recorder's Office, or . from an ownership update from a title or abstract company or an attorney. .gttaathiscja\ssiA____ • • • 1 The`ffooregoing instrument wts subscribed and sworn to before me this�y3 day of _,h '_s—cir. . 1g3n. By c -it, * \( .�� 4.\ �a rte. 41,WITNESS my hand and official seal. ��`'i�1r q'. My Commission expires: q st\-et0 Ore s • Notary ra 8904:24 1 I Mineral Owner of Sand, Gravel, and Unclassified Soils C & M Companies P. O. Box 490 7916 liwot Road Niwot, CO 80544-0490 Oil, Gas, and Mineral Lease.' C & M Companies P. 0. Box 490 7916 Niwot Road Niwot, CO 80544-0490 1 1 i 1 1 e 890424 �t 1 r 1 Traffic Patterns tC & M Companies has a fleet of 25 trucks for material hauling. These trucks are 25 ton end dumps. The total number of trucks ' running to this operation will be dependent on market conditions and will vary on a continuous basis. The general market area for the pit will consist of three specific locations' (1) Longmont; (2) Broomfield; and (3) the greater Metro Denver area. The location map for truck haul routes shows the estimated distribution of traffic. Approximately 25% will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. ' The proposed haul route will go west to County Line Road and bifurcate. Broomfield traffic will go south to State Highway 52. Longmont and Metro Denver traffic will go north to State Highway ' 119 and then continue either west to Longmont or east to Interstate 25. Traffic is not routed along County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distal_property. The load limit is 37 tons and will not allow the use of the 25 ton end dumps. If this bridge is upgraded to a full rating in the future, Interstate 25 traffic could be rerouted to County Road 7. Some aggregate material will be imported to the site for processing, and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. To increase efficiency and minimize traffic and road impacts, the import aggregate will • be hauled on return trips of fleet trucks delivering product materials. Because of this routing., overall truck trips would not be affected. I 890424 1 iL ? L \ 7o ? ! 1 / ti.,_i s u. r z -\ �., o r �'� \ � ..�. 'a 4N .. 1 < " $ • t � ? < Id a ?. I �' In W " a1 Ni .: _ � i V .. ! t {��' ............Poi0 r • / ai r: 4f a 1 9691 a 1 \ I,;, V3bv _ _ 41. // , I N mil ' + rji !;'s -169t V - J i » . 14 Re I ; �, �� /. �YSv .t ; `4.� . ..II f r �� 0 I .•"--..),"--,...„-./ f ` Ij. A n 1• f�...-1.i, c\ S‘ 1 \'•'4 l• \ .4 z . _. , / \\4,1 \ 1 \ , 0 , Ii. , 1 .• .•.� A/ O ��' % .' , ats t} t '�� -� 1 2,ii; fj ;i �. w� • li -' A •VA $ le 0 iirs_ Viw�! Z yN q :.;� .r off.©�tij \. ,' rF \•, war O , *AI l+u .r:; '4' i`C' " ' • �ti. �, 890424 I CC. ro ''77 I 1 / 2 f!4;r� M 1 C & M COMPANIES 1 i DI.STEL FARM RESOURCE . 1 1 1 APPLICATION FOR A REGULAR OPERATION (112) 1 MINED LAND RECLAMATION PERMIT: 1 IN WELD COUNTY, COLORADO i 1 MARCH 1989 1 1 TUTTLE APPLECATE RINDAHL, INC. :re Consultants fte Lad end Reiaua Development 1 890424 I IREGULAR (112) PERMIT APPLICATION FORM • - I This form contains two major parts: (1) General Operation Information and (2) Exhibits A-P. When you submit your application, be sure to include four signed copies of the IGeneral Operation Information, four copies of Exhibits A-P, and it check for the application fee described under (4) below. To expedite processing, please provide the information in the format and order described in this form. I GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 1. Applicant/Operator Name: C & M Companies • 1 2. Operation Name (Pit, mine or site name): nt Rtei Perm Reqource . 3. Application type: Regular (112) Permit Operation. i 4. Application Fee for Permitted Acreage* 114 permitted acres. ($50.00 + S15.00/acre, 1st. 50 acres; $10.00/acre, 2nd. .50 acres; $5.00/acre. 3rd. 50 acres; 51.00/acre, any additional acreage; maximum fee of $2,000.00): Note permitted acreage and application fee and 1 attach a check for this amount when you file. $1370.00 application fee. • 5. Substance(s) to be mined (e.g., gold/silver/gravel): sand & graves . I 6. Owwners(s) of Substance to be Mined (check applicable box(s)): ® Private O State O Federal O Indian 1 7. Owner(s) of Record of Affected Land (check applicable box(s)): S Private O State O Federal O Indian I 8. Type of Mining Operation (check applicable box(s)): a Surface O Underground O In-situ 9. Location Information. The center of the area where the majority of mining will Ioccur lies in: COUNTY: . I PRINCIPLE MER (-check one): O 6th (Colorado) 0 10th (New Mexico)O Ute TOWNSHIP (write number and check direction): T 2 Q North O South RANGE (write number and check direction): Rea_ O East f] West SECTION (write.number): S QUARTER SECTION (check one): O O NW O SE 8k SW QUARTER/QUARTER SECTION (check one): O NE O NW O SE O SW GENERAL DESCRIPTION: I (miles and direction 3 miles east of from nearest town and approximate elevation) Flavntinn• ARRA I t If the operator is a unit of State or county government, an application fee is ng$ required. A fraction of an acre must be counted as one acre for fee calculation. 9®424 I I I -2- 10. Correspondence Information _ I APPLICANT/OPERATOR (name. address. and phone of name to be used on permit) Individual's Name: Bob Allen Company Name: C, A M Comnan4e5 Street: F. O. Box 490 - 7916 Niwot Road City; Niwot IState: Colorado Zip Code:80544 Area Code: 303 Telephone: 443-1099 1 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Mike Applegate I Company Name: Tuttle Applegate Rindahl, Inc. Street: 11990 Grant Street ._$uite 410 City: DenverI State: f n1nrafin Zip Code: 80233 Area Code: Telephone: . LIINSPECTION CONTACT (if different from applicant/operator above) Individual's Name: I Company Name: Street: I City: State: __ Zip Code: Area Code: Telephone: I11. Primary future O Cropland(CR) O Pastureland(PL) ft General Agriculture(GA) land use . O Rangeland(RL) O Forestry(FR) O Wildlife Nabitat(WL) I (check one): 0 Residential(RS)() Recreation(RC) D Industrial/Correrciat(IC) O Developed Water Resources(WR) 0 Solid Waste Disposal(WD) I 12. Primary present O Cropland(CR) O Pastureland(PL) $ General Agriculture(GA) land use O Rangeland(RL) O Forestry(FR) O Wildlife Nabitat(WL) (check one): O Residential(RS) O Recreation(RC) O Industrial/Commercial(IC) O Developed Water Resources(WR) ITo the best of ay knowledge. all the information,presented on this application form and the attached Exhibits A-P are true and correct (mu be signed by �,applicant/operator). 1 Date: z -Z$ - el By: O..1 .c la(LC ccth)E t3CC . nt(t rs e 890424 I 1 EXHIBIT A LEGAL DESCRIPTION The proposed operation is located on two parcels of property. One parcel is owned by the C & H Companies and the mineral rights to the other parcel is leased from the Distel family. The parcel owned by C & M Companies is described as follows, The SE 1/4 of the SW 1/4 of Section 8 Township 2 North, Range 68 West, and, The SW 1/4 of the SE 1/4 of Section 8, Township 2 North, Range 68 West, less the S 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of said Section, and, The North 1/2 of the NW 1/4 of the Ne 1/4 of the Nw 1/4 of Section 17, Township 2 North, Range 68 West. Being 79 acres more or less. The parcel under lease is described as follows, ' The N 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 and, the S 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 and, the N 1/2 of the S 1/2 of the NE 1/4 of the NW 1/4 and, the NW 1/4 of the NW 1/4 of the SE 1/4, All in Section 17, Township 2 North, Range 68 West of the 6th P.K. , Being 3S acres more or less. • 1 1 i 1 f 1 X42 A-1 I cd r -' • Z Y z __ al �/- F -ea• .rte f �^ \ Q z zJE C , 1,4 (w .R ( J` ` , Yy of + z rig zn" S m 4 .� ‘e\ ‘ �. , rlir 'M � cr I ' 'J v w j" a ' A4( n�;i � ...‘ „,/ ii ly SS r((!-- + ' -. C•'_ • �`-y ' ~ - -- 1? f �.�/7 (---/ •' ,. ,""„• U .) l i ' '; 1 i!A I( . ' --. • - (!l`1 z , I = � (17„ / urn ,•• II� Q: c'( � illi • I � L/Th ,. F . . �\ . 1�{� illr'q. 1 � e f Z flI $ \ _•J:�NAB�•,,. 1 �} �,.,,.��;� (� , (c 890424 EXHIBIT C 1 1 LANDOWNERS ADJACENT TO PERMIT AREA' 1. Distal, Melba G. 1443 Weld County Road 20-1/2 Longmont, CO 80501 2. C & H Ready Mix Concrete Company of Boulder 2716 Niwot Road Niwot, CO 80544-0490 1 3. Bigelow, Frank S. & Andrea P. 990 East Highway 119 Longmont, CO 80501 4. Hayes, Charles R. & Shirli Mae 998 East Highway 119 �. Longmont, CO 80501 5. City of Longmont Civic Center Complex 3rd and Kimbark Longmont, CO 80501 • ' ATTNs City Clerk 6. Tull Cattle Company c/o.Richard Meyer Flatiron Sand and Gravel P. O. Box 229 Boulder,: CO 80306 7. Olson, Lee 'Eryin 1738 Weld County Road 20-1/2 ' Longmont, CO 80501 8. Equitable Life Assurance Society of the United States ' P. O. Box 2926 Overland Park, KS 66201-1326 I 1 89©424 C-1 e I EXHIBIT D MINING PLAN The Distel Farm Resource will be used by C & M Companies as a source for concrete sands, fill material, and aggregates. The applicant owns a portion of the property and holds mineral leases for the remainder. The general location of the mining area is along St. Vrain Creek, south of State Highway 119 and west of Del Camino. The total area of property to be mined is 114 acres. 1 The Distal Farm property will be mined using dry mining techniques. Any groundwater intercepted during the mining operation will be pumped from the open pit and discharged to St. Vrain Creek. A stationary plant site will be located near the southeast corner of the permit for processing and stockpiling material. If groundwater inflow into the pit becomes to voluminous to handle efficiently the operator may change mining 0 methods to wet mining by dragline. The material to be extracted on this property is sand and gravel. 1 The nature of the stratum is typically a layer of topsoil ranging from 0 to 7-1/2 feet in thickness overlaying a sand and gravel deposit that ranges in thickness from 1 to 17 feet. A claystone ' bedrock is encountered from 6 to 19 feet below ground. There are interspersed lenses of clays and silts deposited by St. Vrain Creek. Bore logs taken in October, 1983 encountered groundwater at a depth of 4 to 8 feet below the ground surface. Given that ' the borelogs were taken at a late time period of the year, it is reasonable to assume groundwater can be much higher during the spring and summer months. • The sand and gravel in this area is cataloged by the Colorado Geologic Survey in a 1974 report titled Sand, Gravel and Quarry Resources; Colorado Front Range Counties. St Vrain Creek deposits are recognized as a valuable mineral resource and the aggregates are classified as high quality. Mining will be done by phases. The land area opened for mining will be limited to only that necessary to satisfy market demands. Mineral extraction is currently projected to be 200,000 tons per year. Average material depths range from 5 feet to 17 feet of material. Maximum disturbance in the open pit will be limited to 8 acres. 1 1 1 890424 D-1 e I Earthmoving will be accomplished using scrapers and front end loaders. Topsoil will be removed and stockpiled separately from overburden. Field investigations indicate topsoil depths ranging from 0 to 7-1/2 feet with an average depth of 3 feet. Typical stockpiles will be 10 feet in height, 50 feet wide and will contain 7,000 cubic yards of material. See Exhibit C for proposed locations of stockpiles. A large portion of the mining area lies within the 100 year floodplain for St Vrain Creek as determined by the Federal Emergency Management Agency. Wherever possible, stockpiles will be aligned with the general direction of flow to minimize erosion of stockpiles during flooding. Two lakes will be created by the mining operation. These lakes will have a surface area of 40. 3 and 38.3 acres. (See Exhibit C) . A small three cell settling pond will be constructed at the plant site for providing wash waters to the plant. Each cell will be approximately 75 feet wide and 100 feet long. The average depth I will be 15 feet. The sequence of mining activities that will be dome are as followst 1. Topsoil and overburden will be stripped and stockpiled. 2. A dewatering trench will be constructed around the perimeter of the mining phase. 3. A portable dewatering pump will be installed and groundwater will be discharged to St. Vrain Creek. 4. Sand and gravel will be extracted and placed on a conveyor I system. 5. The sand and gravel will be transported via conveyor to the plant site for screening, crushing and washing. 6. Processed material will be stockpiled at the plant site and trucked from the property to end users. I 1 890424 D-2 t Disturbance associated with mining is classified as the following' dMaier lLtati,r_ ante Mining 8.0 Stripped 3.0 Topsoil Stockpiles 1.0 Moderate Distu •ance Plant site 12.0 Office and Scale House 0.5 Uinok Disturbance Reclaimed and Seeded 2.0 Reseeding Year 2 0.5 TOTAL DISTURBED ACREAGE 27.! The mining phases shown on Exhibit C represent estimates for 1 mineral extraction in one year increments. The mining plan calls. for completion in approximately ;10 years. Mining and reclamation of each phase wiLl be done contemporaneously. When mining is completed in one phase and moves to the next phase, reclamation activities will begin immediately on the completed phase. Grading and backsloping of shorelines will be done using stockpiled topsoil and overburden. Reseeding will be done in ' early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas where previous reclamation was not successful. The estimated time between completion of a mining phase and accomplishing final .reclamation is two years. Equipment used for mining will bet Scraper and 988 front end loader for stripping 980 front end loader for mining Portable conveyor system Twin dewaterinq screw Processing Equipment' Three deck bay screen 4-1/4 foot cone crusher Three screen wet deck Nine cell sand classifier Haul vehicles will consist of a fleet of twelve 25 ton end dumps. 890424 D-3 1 1 Traffic Patteins C & M Companies has a fleet of 25 trucks for material hauling. These trucks are 25 ton end dumps. The total number of trucks running to this operation will be dependent on market conditions and will vary on a continuous basis. The general market area for the pit will consist of three specific locations, (1) Longmont; (2) Broomfield; and (3) the greater Metro Denver area. The location map for truck haul routes shows the estimated distribution of traffic. Approximately 25% will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. The proposed haul route will go west to County Line Road and bifurcate. Broomfield traffic will go south to State Highway 52. Longmont and Metro Denver traffic will go north to State Highway 119 and then continue either west to Longmont or east to Interstate 25. ' Traffic is not routed along County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distel property. The load limit is 37 tons and will not allow the use of the 25 ton end dumps. It this bridge is upgraded to a full rating in the future, Interstate 25 . traffic could be rerouted to County Road 7. Some aggregate material will be imported to the site for. processing and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. To increase 1 efficiency and minimize traffic and road impacts, the import aggregate will ' be hauled on return trips of fleet trucks delivering product materials. Because of this routing, overall truck trips would not be affected. 1 1 1 1 890424 r r r EXHIBIT E RECLAMATION PLAN The final reclamation of the Distel Farm will be the reestablishment of grazing land for future farming activities in the area. Two lakes with reclaimed shoreline will be left with a total water surface area of 78.6 acres. The mining plan calls for progressive reclamation of the r property. This technique will minimize the total amount of disturbed acreage at any time during the operation. The table of disturbance shows a proposed maximum amount of disturbance of 27 acres at any time period during mining. She mining and reclamation calls for preservation of all of the trees located in an old oxbow of St. Vrain Creek. This area r comprises approximately 15 acres of land and will be left undisturbed. A smaller group of trees around some abandoned farm buildings will also be left , intact and will form a small connecting land bridge to the river. ' There are some wetlands that will be excavated by the mining operation. However, there will be no fillina done in any wetlands. Because no filling will be done, a 404 permit is not required for either the mining or reclamation of the property. The reclamation sequence for the property will be as follows. 1. Rough grade shorelines. 2. Replace overburden and topsoil and grade out. r 3. Drill seed as warm season cover crop in spring. 4. Drill seed 'permanent grass in fall. 5. Reseed grasses where necessary. r Replacement of overburden and topsoil will be done in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be replaced in the previously completed phase. This will minimize material handling and disturbance of stockpiled overburden. The proposed post mining land use is compatible with surrounding land uses. The St. Vrain valley provides a valuable supply of aggregate and sand to the Front Range and as such has numerous mining operations in the area. r r 890424 E-1 1 1 1 The proposed reclamation plan meets the requirements of Rule 6 in the MLRD regulations as follows, Gradinc 1 Grading will be done along to provide stabilized shorelines around the lakes. All backfilling will be done with native overburden and topsoil. There are no known toxic materials in the proposed backfill and as such will not cause groundwater . contamination. 1 The grading will be done to control erosion. Final grading and reseeding will be done immediately after grading and topsoiling has been done. All backfilling will be completed in phases after mining is completed. No acid forming materials, refuse„ or toxic producing materials 1 are known to exist in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of according to applicable laws. 1 There are no drill or auger holes associated with the mining operation. All slopes left by the mining operation will be no greater than 3, 1 from 5 feet above to 10 feet below normal eater surface elevation. All other slopes will be no greater than 2,1. Water Disturbance of the area will be done to minimize the affect on the prevailing hydrologic balance as follows, (a) The operator shall comply with all applicable Colorado water laws. (b) The operator shall comply with all applicable Federal and 1 State water quality laws and regulations. (c) The operator shall comply with all Federal and State requirements for dredge and fill. There are no anticipated requirements for this type of activity. (d) The operator will remove and regrade all sediment and siltation structures after mining is completed. 1 890424 E-2 I I I Wildlife The proposed reclamation plan does not propose to create wildlife habitat. There are no known endangered species in the area. All activities will be planned considering the safety and protection of wildlife on the property. The reclamation plan does call for preservation of trees and wetlands located within the oxbows of St. Vrain Creek. Some species may be temporarily displaced by the mining activities. They are expected to reestablish with nc difficulty after mining and reclamation has been completed. Toosoiling The existing topsoil on the property consists of a 0 to 7-1/2 feet layer of sandy silty loam. The majority of grass roots are contained within the top 12 inches of soil. All topsoil will be stripped prior to mining and stockpiled. Stockpiles which remain , in place longer than one growing season will be seeded with a fast growing over to minimize wind and water erosion. Handling of topsoil will be minimized by 'efficient sequencing of mining and reclamation through phases. After mining has passed through an area, non-marketable material will be replaced at an even depth of 12 to 18 inches along shorelines and graded. Soil amendments are not proposed due to the rich organic content of this river bottom topsoil. However, if they are determined necessary by the SCS, they will be used to enhance plant growth. Revecetatiga • ' The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain and create usable farm land. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seed will be planted approximately one-half inch deep and will be drilled between November 1 and April 1. The grass seed mix includes drought resistant varieties ' and will be planted either in early spring or fall to insure germination ' If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Heeds will be mowed when they reach a height of 6 to 12 inches throughout the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alterative produces acceptable results. 1 890424 E-3 i i i The property is not forested and will not require fire lanes. A minimum 30 foot setback will be maintained around the permit boundary which will allow access. i The reclamation of all processing sites will be delayed until the final phase of mining is completed. At that time the ground will be scarified, leveled, and seeded with grass. 1 i i 1 1 i i i i 1 I i 890424 E-4 EXHIBIT E I United States Soil 9595 Nelson Road, Box D Department o/ Conservation Longmont, CO 80501 Aviculture Service February 10, 1989 776-4034 IRECEtVtu I Mr. Ron Allingham Tuttle, Applegate, Rindahi, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Dear Mr. Allingham: IBased on the soils which are present on the proposed mining site, I have developed the following seeding recommendation: ISpecies % of Mix *PLS/Ib/ac Lbs/ac Switchgrass 25 x 4.5 1.13 I Western wheatgrass 30 x` 16.0 4.8 Alkalai sacaton 45 x 1.5 .7 *Pure Live Seed IThe above seeding rates assume that a drill will be used for seeding. If a broadcast method is planned, the seeding rates should be doubled. i Seeding should be completed between November 1 and April 30. IIn order to ensure a successful planting, some type of mulch or temporary cover crop should be used. Soil Conservation Service I uses a sorghum cover crop planted in June with grass being drilled directly into the sorghum in November. However, a straw mulch can be effective if weed seeds are not present. Soils should be tested for primary nutrients nitrogen, phosphorous, �.: and potassium, and fertilizer applied accordingly. Sincerely, Dave Harris Soil Conservationist DH:rah 4 I it;'' • 890424 1 • 1 EXHIBIT C MATER INFORMATION The proposed mining operation at Distal Farm is expected to have an impact on the surface and groundwater system in the area. This impact has been studied and mitigation measures are proposed that will not cause material damage to any property owners or water rights owners. The Distal Farm is located below the City of Longmont along St. Vrain Creek. The proposed pit will be located off-channel from the creek. The mining area will be de-watered and operated as a dry mine. A pump, will be installed in the pit and all groundwater and surface drainage will be discharged to a wasteway connected to St. Vrain Creek. Surface Drainace The area surrounding the proposed mine is predominately agricultural in nature. Property along St. Vrain Creek is a mixture of woodlands, wetlands, oxbows and active farmland. St. Vrain Creek drains approximately 430 square miles of land upstream. The width of the stream channel ranges from 50 to' 100 feet. A Flood Insurance Study was published for the City of Longmont in September, 1987 which included St.Vrain Creek. Table C-i summarizes peak flood flows for varying return periods. TABLE G-1 e 'St. Vrain Creek Peak Flood Flows Return Period Discharge (cis) Ten Year 5,350 Fifty Year 12,120 One Hundred Year 16,520 Five Hundred Year 40,080 A portion of the property lies within the 100 hundred year floodplain as shown on Exhibit C. It should be noted the proposed location of the plant site lies outside the floodplain. ' This will eliminate stockpile erosion during a major flood. Any erosion that would occur from localized surface 'drainage, would be contained in the ponds created by mining and would not enter the creek. I 890424 G-1 1 1 1 Groundwater The proposed mining operation will intercept alluvial groundwater. The groundwater table varies in depth from 0 feet to 6 feet below the surface. The reclamation plan will leave an open body of water which will impact surrounding water right owners. Impacts due to mining will come from four sources (1) moisture loss in material hauled from the site, (2) wash waters used to process sand and gravel, (3) water used for dust control of material, and (4) lake evaporation from removing material and leaving a new body of water. The amount of water consumed from each of these operations is estimated to be as follows' Moisture Loss in Material The proposed operation is expected to process approximately 200,000 tons of sand and gravel per year. The average moisture content of this material at time of shipment is expected to be 4%. This number is based on field data collected by the City and County of Denver on some of their stockpiles. This moisture content would be equivalent to 5.9 acre-feet per year. Wash Water Washing operations will require approximately 1500 gallons per minute. The annual consumption of wash water also includes losses associated with recycling through a three cell sediment pond. Total consumption would be 0.7 acre-feet per year. gust Control Dust control will require watering existing haul roads at specified intervals.. The amount will vary depending on tine of year and existing weather conditions. There is approximately 1,800 feet of unpaved haul road on the property. Haul, roads will be watered between May to September (five months) . The average application is expected to be 6,700 gallons with a minimum of three applications being made for 80 days,. This would amount to 1,608,000 gallons of water per year or 4.94 acre-feet per year. 1 i r 1 890424 G-2 I j.ake Evaporation I The mining operation will create an open water body with 78.6 acres of surSace area. This amount could be reduced by backfilling some of the lake areas with overburden and water material from the mining operation. The average annual evaporation from a shallow lake is 35 inches based on NWS Technical Report 33. A NOAA report, technical Paper 37 shows Class A pan evaporation with a 0.7 pan coefficient to be 31.5 I inches. A third source of pan evaporation data from NMS showed Class A pan evaporation to be 30 inches. Using an average of the three sources, the annual average evaporation is estimated to be 32 inches. A credit of 9.5 inches is given for effective precipitation on the area. In addition, a credit for historic consumptive use of plant life on the property before it was mined is also given. In this case, the amount credited after precipitation is removed is 14.5 inches per year based on the crops (alfalfa and corn) that were grown on the farm. Assuming full credit for crop usage, this would leave a deficit of 8 inches evaporation to be made up by the operator. Eight inches per year would be equivalent to 52.4 acre-feet per year. 1 A summary of the consumptive uses associated with the mining operation are as follows, Moisture losses 5.9 acre-feet Wash Water 0.7 acre-feet Dust Control 4.9 acre-feet Lake Evaporation '2.4 acre feet TOTAL ANNUAL WATER CONSUMPTION 63.9 acre-feet The method of dry mining will , cause a slight drop of the groundwater table .in the immediate vicinity of pit. This typically reduces to less than 1 foot at a distance of approximately 500 feet. The proposed mining operation is located between St. Vrain Creek and Boulder Creek which both serve as a hydrologic barrier. The wells and surface water rights located in the area are not expected to be impacted by this mining operation. Although total consumptive use during the year is expected to be I 63.9 acre-feet, the amount of water that must be replaced will be less. Table G-1 shows typical monthly consumption based on sales of material over a year. Some material is processed and moved during winter months when there is no call in the river. The operator will propose to replace only water that protects senior water right owners. These rights will typcially be calling the river during the summer months from June through September. I G-3 890424 Based on that assumption, 39.5 acre-feet of water would be replaced. An augmentation plan will be filed with the State Engineer for approval in water court. The approved plan will be proof that no senior water right onwers will be damaged by the proposed mining operation. As shown on Figure G, there are several wells located near the proposed gravel pit. A study area of one mile in radius was ' selected to locate water rights. Water rights located on opposite sides of Boulder Creek or St. Vrain Creek are not shown because the creeks form a hydrologic boundary. The wells shown appear to be far enough from the pit that the drawdown influenced from dewatering the pit will not materially damage them. Water Rlahts The C & K Companies currently holds water rights for the Coffin and Davis Ditch. This ditch has diversion rights on Dry Creek, a tributary of St. Vrain Creek. This ditch has an appropriation date of June 1, 1866 and was adjudicated by the Water Court on June 2, 1882. The ditch currently serves three property owners, the Distel farm being one of them. The total diversion allowed ' is 17.3 cfs with 30.9% of the diversion right belonging to the Distel Farm. 1 There are only three years of diversion records available for the Coffin and Davis Ditch. These records are for water years 1985, 1986 and 1987. Tho average annual diversion for the three years of record was 658 acre-feet. A comparison of diversion records to annual basin yield vas performed. The results of this estimate showed a long term diversion yield of 614 acre-feet. Based on irrigable acreage, this gave approximately 1.90 acre- feet per acre. The consumptive use for irrigation water in this general area is 50% of the total diversion. This would yield 0.95 acre-feet per acre of irrigated land. There are 104 acres of land irrigated by the Distel Farm with this ditch. _. Therefore, a total of 98.8 acre-feet of water, would be available for use on the project. A comparison of the amount available to the projected demands shows that there will be adequate supplies if the above assumptions are correct. 1 1 G-4 890424 I ( otrzz•,,J' � m w i• .• q _ D ` D a I 1 •„ w 1.- ''� ,( po�t� �1 dr. �_.•. �" `Q+ < ;fag I I I1(( a �� :a )• 4� f- cn \ Z } es I / !, f ! . :.....•`.4' , .� , .il �i I ,\,-;,.1. (/ �� f{ % ✓/ N + 1 } / , � : e ...iii-u- ,..; J' n-. C t , 10 / IFIL s, i 1 l 11^—=.x, /r) ' 1 I • ' i I i s ,rte. �' i •'/ ^ 4 S`// • ry �'T� ..�� 1 1 .;#4°' / N ■■ e . --....../1I, 1 `1 , ,\\ I I (?1,/ (fres' • r• �.�J b�1 �I !!\'�� '�._ �^ .A/ �. '/ �, 1 1111 ,ti I i fi r ' �� 1R .,_ k, �' 7. —�.�� z—ems' ` -.� .• `� \ % 890424 ry/ \ `'. �. `1`1 2 ri • •�I J 1if12H1�� 1 �•,4 �i 1 ) in 0' to 1-� hew . _� .N �,, ' —' , 3 a Ana r ai 1 NEMIIMMOMMOOF phased Consumption Although the total demand for water will be 63.9 acre-feet, this demand will not be realized until the project is completed. Since the mining operation will be done using dry mining techniques, evaporative losses will not be replaced until the pit is reclaimed and allowed to refill with groundwater. In addition, the operator will reserve the right to refill mined areas with overburden and topsoil to reduce the total amount of acreage under water. This would also reduce the augmentation obligation to the property. flDg,S Permit and Watsr Duality The proposed operation will directly discharge to the St. Vrain Creek. This will require a discharge permit through the Colorado Department of Health. The operator will apply and obtain said permit prior to beginning operation of the pit. All wash waters that will be used in the processing portion of the project will be recycled and will not be discharged to the I stream. The only water discharged will be alluvial groundwater from the de-watering of the pit. I I I I I I I 0-5 1 890424 I I S u ! Sr S w !;!!!E rrOa rOW • roda • !ra•ar as rr r i• OM Mb olla I DI SI •03 MN Sla IMO a• E.I Is S 40 • • • IS .I r V Oa IS N ••• ti N en 0 ! r.' N N MY r w SO w r. amStr s r r ! r ++ai T ! ! ! M w w • u . I It ✓ • O . N w w• 4.4,a Om j W PY ! S Oa N ♦ OP a a m. • am F. ✓ is r a is 0. a aSi — w ! ! s r• + r- Y• T T w a. ! 1 T az a • Sr a ! t ! r n N M • _ • ti a a I a a I _ _ _. - w a ma me sia aw s • ` Y. • M . aw M a. a So rSO- - - ✓ S • 41 . a .0 a /.. a M a N .. r r Y = . M. • alt a a W S sa Ma. Y v N N . Y. i. ..r . am 401 .�. 1 a y V • • i ♦ • ..r a Y a Is `am iY r.. _ Y W _ i or ao eV aa' _ ✓MP S t so N r .. AM a MS .a.. a 1 ~ ✓Y 1 f . M • a • as an N �. • a. ! ! I.✓dip 06 IS a. 1 . V.r .. a W T ti a = a am IS ✓ a IP a . a "b I .- Y a i al V iOS a W ` r ma m Oa S ` Y W V ✓ ! .W.. . r i u a a. Om M .✓i �.. a rr i a ea 4.✓ r w a a a a a- s ! • a s a. .. a a a u. .a a S a a r 1. MS I 890424 1 1 EXHIBIT H WILDLIFE INFORMATION The Distel Farm property borders St. Vrain Creek which provides lowland riparian habitat and also functions as a wildlife migration corridor. The Colorado Division of Wildlife has provided a report of wildlife on the property which is attached. • i 1 I 1 1 1 1 I 1 I 1 890424 H»i t EXHIBIT H 1 MINED LAND WILDLIFE QUESTIONNAIRE ' for limited impact and select regular mine applications ' 1. Name of Company/Mine,C & M ComDgnies: Distel Farm 2. Name/Address/Phone of Contact Person, Bop Allen: 7915 Niwot Road p. 0. Box 490: Niwot. Colorado 80544: 443-1099 3. Location of Mine. See attaches% exhibit A & Exhibit B I (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl. ) 4. Nearest Town/General Location, Longmont - 2 miles west of site 5. Land Ownership (Circle) ZPrivato'2.BLM 3.USFS 4.Other 6. Present Land Use, Agricultural • 7. Proposed Final Land Use:Agricultµral 8. Type of Operation,Cr:Surfac.`2. Underground 9. Minerals being mined, Gravel and Sand 10. ,,Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) i 5 Acres djkyurbed (78.6 Acres _ 1 pined. 16.4 Acres haul. stockpile. plant) 11. Miles of roads to be constructed: 1/2 mile 12. Life of Mine (years), 10 years 13. Description of Operation and Reclamation--Additional sheets may be attached (Exhibits 8 & E-MLR) ,, jning to begin in Phase I (NE corner Site) . Topsoii will be stockpiled in setback area. Overburden well ' De removed fl rom initial minina area and moved out OIL floodplain for storage. Resource will be loaded onto a conveyor which will carry resource from the area bring acLtively mined to the Dlant site Afte one phase is f+niched beinc m ned that Dhaae will have reclamation begin. i.e, grading. togsoilina, seeding of shore ine area. This reclamation mill occur when mining is continuing jn the Dext phase. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C. ) This will expedite processing. Your cooperation is appreciated. 15. Prepared by, It7 G'�G� Date: 7-'4-4P7 890424 1- MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) EXHIBIT H for limited impact and select regular mine applications II The following information pertaining to wildlife is provid?d for use by Mined Land Reclamation Board in their consideration of a mining permit for: IC 6 M Companies - Distel Farms - SE 1/4 SW 1/4, and the SW 1/2 SE 1/4, Sec. 8 T2N, R68W. Name/Type and Location of Mine Iless the S 1/2 of the SE 1/4 SW 1/4 SE 1/4. andMega?T NW 1/4 NE 1/4 NW 1/4, See 17, T2N, R68W Wildlife Species list: Weld County Deer, pheasant, rabbits, muskraft, beaver, opossum, dove waterfowl, raptors, magpie, numerous small rodents and seasonal songbirds. 1 1 Endangered/critical etiecies/impacted: Bald Eagles forage in this area during winter months. II• Critical habitats/vegetative communities impacted: N/A • IAssessment of impact: A major portion of this area is wet meadow, which should be restored as nearly as possible. • Mine Reclamation recommendations (include key species/'habitats for which restoration IIis designed). A detailed reclamation plan for this project has not been recieved by this office. However, since much of this area is wet it is strongly recommended that the native g' 'be used on drier areas as well as natives Cootonwood and shrubs such as ribes "tor or skunkbush I •41 afr .A/s/81 • 1 890424 1 EXHIBIT I SOILS INFORMATION The following soils information was obtained form the SCS for this specific property. 1 1 1 1 1 1 1 1 1 1 890424 I-i EXHIBIT ""Fir c a V `as :r r 17 al • , 44: w + ' " f1R_ xe sa 1 42atlitt,t ., 425a 27 101 59 as 10 •10 , .t 5 i 15 sx s . . / �. " \ ez ( 'w COLO. HWY. 119 17 • I. ' .!b e '{ s' R6 8 W "' yc 4 74 79 S3 �� sz ♦ a' s 13 1 51 32.G d/53 yi r i. `' }' ' ..51 - Atr. to • ,� ..� •. • . 1 7Ml-r7 1 ;�rr zI .:Fo ' `ate a t ,- "" s PROJECT SITE .7 i 4 y 4/O . 7a �46 1$" • ' 9L� 7 y-{ WELD COUNTY ROAD 194. .a. • A 7 16 jet _ .,,9.' _ 30 • , - y � ' . �SY r• rr1� +f� tr / Y ti \ rr;.4 •• 5s 1`° + y 1S 14 �m••• •• ,. . • 4,.. 4 Isr it. IP 16 4•A 1. • y!J.f 47 !N. 0.. •' �,< . .-. 4 "Mr..i It __ .SOILS MAP -N- SCALE 1:24,000 T I LAPPwIaS.a R� 1� HL, INC. I 11990 Grant Street, Suite 410 Denver♦Cobrado 80233\,.... i „Pqr O03)452-66,11 890424 EXHIBIT I 4--Agnelli and Aquinas. flooded. This nearly level 3—Aquolls and Aquents, gravely substratum This nuiP unit I.in depressions in smooth plains and along the I nearly level map unit is on bottom lands and flood plains bottoms of natural dra nsgeways throughout the survey of all the major streams in the survey area. Aquas, area. Aquolls, which nave a dark colored surface layer, which have a dark colored surface layer, make up about make up about 55 percent of the unit. Aguepte, which 60 percent of the unit Aquenta, which have a lighter have a lighter colored surface layer, make up about 25 I colored surface layer,make up about 85 percent About 5 percent About 20 percent is soils that are well drained percent is Aquepta and Bankard sandy loam. and soils that have sandstone or shale within 48 inches of These are deep, poorly drained soils that formed in the surface. recent alluvium. No one pedon is typical Commonly the These are deep, poorly drained soils that formed in I soils have a mottled, mildly alkaline to moderately al- recent alluvium. No one pedon is typical Commonly the kaline loamy or clayey surface layer and underlying soils have a mottled, mildly to moderately alkaline loamy material and are underlain by sand or sand and ravel or clayey surface layer and underlying material that ex- I within 48 inches.In plates they have a gleyed layer in the tends to a depth of 60 inches or more.In places they have underlying material a gleyed layer in the underlying material Most of the acreage is subject to flooding. The water Most of the acreage is subject to excessive runoff.The table is at or near the surface early in spring and recedes water table is at or near the surface in spring and during I to as deep as 48 inches late in fall in come years. the peak of the irrigation season. These soils are used for rangeland and wildlife habitat These soils are used for rangeland and wildlife habitat Some small areas have been reclaimed by major drainage Some small areas are irrigated pasture. and leveling and are used for irrigated crops. The potential native vegetation is dominated by I The potential native vegetation is dominated by alkali switchgraan, prairie co:dna asltgrua alkali aeon, sacaton, switchgram, and western wheatgran. Selfgrass, big bluestem, Indiangrasa, western wheatgress, slender sedge. rush, and alkali bluegrass are also prominent wbeatgraas, sedge, and rush. Cattails end bulirush grow I Potential production ranges from 3,000 pounds per acre in in the swampy spots associated with these range sites. favorable years to 2,000 pounds in unfavorable years.As Potential production ranges from 4,000 pounds per acre in range condition deteriorates, the swltchgrass, alkali favorable years to 8,000 pounds in unfavorable years. As I sacaton, and western wheatgrsas decrease and magmas, range condition deteriorates, the tall and mid greases sedge,and rush increase. decrease,production drops,and saltgrssa sedge,and rush Management of vegetation should be based on taking increase.The farming and irrigation in adjacent areas has half and leaving half of the total annual production.Seed- increased the amount of salts on much of the acreage. I big is difficult and costly because numerous tillage pray Management of vegetation on this roil should be based tines are required to eliminate the meltgnes sod. en taking half and leaving half of the total annual prodoc• Swltehgnse, western wheatgrssa alkali sacaton, tall ton. Switchgasa big Western, indiang:ass, western wheatgrase,and tall fescue are suitable for seeding.They wbeatiPsu, pubescent wleatpass, intermediate wheat- I can be seeded into a clean, firm, seedbed. Seedbed rasa, tall wheatgrass, and tall fescue are suitable for preparation usually requires more than I year to seeding. The plants selected should met the seasonal eliminate the aahgrass sod. A sass drill should be used. requirements of livestock. For auooeadul seeding,a firm I Seeding early in spring has proven moat successful prepared seedbed is needed.A grass drill should be used. I Wetland wildlife,especially waterfowl, utilise this unit Seeding early in spring has proven most successibl. TS- The wetland plants provide nesting and protective cover, rage is needed to eliminate the undesirable vegetation. as well as some food. The nearby irrigated cropland, Wetland wildlife,especially waterfowl,utilize this unit where wildlife obtain much of their food and find protect The wetland plants provide nesting and protective coves tive cover, makes this unit valuable to both wetland and as well as some food. The nearby irrigated cropland. openiand wildlife. where wildlife obtain much of their food and find protec- Openland wildlife,especially pheasant,use this omit for five cover,makes this unit valuable to both wetland and I cover and nesting. Deer find excellent cover in some openland wildlife. areas. Openland wildlife,*sped* pheasant,use this unit for These valuable wildlife areas should be protected from cover and nesting. Deer find excellent cover in some I fire and fenced to prevent encroachment and overuse by areas. There valuable wildlife areas should be protected livestock.They should not be drained. from fire and fenced to prevent encroachment and These soils have good potential as a source of sand and overuse by livestock. They should not be drained. Cape I gravel Capability subclass VIw;Salt Meadow range site. batty subclass VIw;.Aquofs in Salt Meadow range a Aquepts in Wet Meadow range aite. ' 890424 EXHIBIT I 76—Vona sandy loam. I to 3 percent*lopes.This is a In irrigated arena this soil is suited to the crops coin- deep, wen drained soli on plains and high terraces at monly grown in the area.Perennial grasses and alfalfa or Ielevations of 4,600 to 5,200 feet. It formed in alien and close grown crops should be grown at least 50 percent of alluvial deposits. Included in mapping are some leveled the time.Contour ditches and corrugations an be used in areas. Also included are small areas of soils that have a irrigating close grown crops and pasture. Furrows, don- floamy substratum and areas of soils that are noncalcate- tour barrows,and cross slopellrrrows are suitable for row ous to a depth of 60 inches. crops. Sprinkler irrigation is also desirable. Keeping tai- Typically the surface layer of this Vona soil is grayish page to a minimum and utilizing crop residue help to con- brown sandy loam about 10 inches thick. The subsoil ls trot erosion. Maintaining fertility is important Crops Ibrown fine sandy loam about 18 inches thick. The sub- respond to applications of phosphorus and nitrogen. stratum to a depth of 60 inches is sandy loam. In nonirrigated areas this soil it suited to winter wheat, Permeability is moderately rapid. Available water barley, and sorghum. Most of the acreage is planted to' capacity is moderate. The effective rooting depth ia 60 winter wheat. The predicted average yield is 28 bushels inches or more. Surface runoff is slow. and the erosion per acre. The soil is summer(allowed in alternate years hazard is low. to allow moisture accumulation.Generally precipitation is In irrigated areas this soil is suited to all crops corn- too low to make beneficial use of fertilizer. monly grown in the area, including corn, sugar beets, Mulch farming, abiperopping, and minimum trap are beans, alfalfa, small grain, and onions. An example of a needed to control soil blowing and water erosion.Tama.- suitable cropping system is 3 to 4 yearn of alfalfa fol- ing also may be needed to control water erosion lowed by corn,corn for silage,sugar beets,small grain,or The potential native vegetation on this range site is beans. Land leveling, ditch lining, and installing pipelines dominated by sand bluestem, sand reedgrass, and blue are needed for proper water applications. gram. Needlesndthread, switchgrass sideoats grams, All methods of irrigation are suitable, but furrow is-- and western whea&grass are also prominent Potential rigation is the most common. Barnyard manure and corn- Production ranges,from K200 pounds per acre in favors- mercial fertilizer are needed for top yields. ble years to 1,800 pounds in unfavorable years As range Windbreaks and environmental plantings are generally condition deteriorates,the sand Uneaten,sand reedgrass, suited to this soil Soil blowing, the principal hazard in and switchgrass decrease and blue grams,sand dropseed, Iestablishing trees and shrubs, an be controlled by cul- and sand sage increase.Annual weeds and passes invade tivating only in the tree row and by leaving a strip of the site as range condition becomes poorer. vegetation between the rows. Supplemental Irrigation Management of vegetation on this soil should be based may be necessary at the time of planting and during dry on taking half and leaving half of the total annual produe. Iperiods.Trees that are best suited and have good survival tion. Seeding is desirable if range is in poor condition. are Rocky Mountain Juniper,eastern redeedar.ponderosa Sand bluestem, sand reedgrass, switchgrass, aideoats pine, Siberian elm, Russian-olive, and hackberry. The grams, blue grams, pubescent wheatgrau, and crested shrubs best suited are akunkbush sumac,lilac,and Siberi- wbeatgrass are suitable for seeding. The grass selected an peashrub. should meet the seasonal requirements of livestock.It can Wildlife is an important secondary use of this soil The be seeded into a dean,firm sorghum stubble,or it can be cropland areas provide favorable habitat for ring-necked drilled into a firm prepared seedbed. Seeding early is Ipheasant and mourning dove. Many nongame species can spring ha proven most any be attracted by establishing areas for nesting and escape Windbreaks sad environmental Plantings generally are cover. For pheasants,undisturbed nesting cover is men- meted to this soil Soil blowln . the principal hazard in del and should be included in plans for habitat develop- establishing trees and shrubs, can be controlled by dat- ment, especially in areas of intensive agriculture. Range- tivating only in the tree, row and by leaving a strip of land wildlife,for example,the pronghorn antelope,can be vegetation between the ron Supplemental irrigation attracted by developing livestock watering facilities, may be needed at the time of planting and during dry managing livestock grazing,and reseeding where needed. Periods Trees that are best suited and have good survival IThis soil has good potential for urban and recreational are Rocky Mountain juniper,eastern redesdar,ponderosa development Lawns, shrubs, and trees grow well. The Pte, Siberian elm, Russian-olive, and backberry. The ' only limiting feature is the rapid permeability in the sub- shrubs best suited are skunkbush sumac,lilac and Siberl- 1 stratum, which causes a hazard of ground water con- an peashnab. lamination from sewage lagoon. Capability subclass IIe Wildlife is an important secondary use of this soil. The irrigated: We nonirrigated•Sandy Plains range site. Cropland areas provide favorable habitat for ring-necked • 77—Vona sandy loam,3 to 5 percent slopes.This is* Pheasant and mourning ing dove.Many nongame species an deep, well drained soil on plains at elevations of 4.600 to be attracted by establishing areas for nesting and escape I 5,200 feet. It formed in eolian deposits Included in cover.For pheasants,undisturbed nesting Canaria sawn- mapping are small areas of soils that have a loamy sub- that and should be included in Plans for habitat develop- stratum and areas of soils that are nopnlcareous to a mat, especially in areas of Intensive agriculture. Range- depth of 60 inches land wildlife,for example,the pronghorn antelope,an be Typically the surface layer of this Vona soil is grayish attracted by developing livestock watering facilities, brown sandy loam about 8 inches thick. The subsoil is managing livestock grazing,and reseeding where needed. Ibrown fine sandy loam about 15 inches thick. The sub. This soil has good potential for urban and recreational stratum to a depth of 60 inches is sandy Ion development Lawns, shrubs, and tress grow welt. The Permeability is moderately rapid. Available water only limiting feature Is the rapid permeability in the sub- capacity is moderate. The effective rooting depth is 60 stratum, which causes a hazard of ground water Boo- inches or more.Surface runoff is medium,and the erosion tamination from sewage lagoon.Capability subcss IIIe hazard is low. irrigated,VIe nooirrigated;Sandy Plains range adt69O49rA EXHIBIT I I 10—Banlusrd sandy loam, 0 to 3 percent slopes.This is a deep. somewhat excessively drained soil on flood &ins at elevations of 4,450 to 6,000 feet. It formed in stratified recent alluvium along streams and rivers. Ia- cluded in napping are numerous sand and gravel bars and small areas of noncaksreous soils. Typically the surface layer of -this. Bankard soil is I brown sandy loam about 4 inches thick The underlying material to a depth of 60 inches is pale brown calcareous 75-.Vona sandy Loam,0 to 1 percent dopes.This is a sand stratified with thin lenses of sandy loam, loam, and deep, well drained soil on high terraces at elevations of fine gravel 4,660 to 4,960 feet. It formed in alluvial deposits.Included ▪ Permeability is moderately rapid. Available water m mapping are some leveled areas and small areas of • capacity is low.The effective rooting depth is 60 inches or soils that have a loamy substratum. more. Surface runoff is slow, and the erosion hazard is Typically the surface layer of this Vona soil is grayish so love. brown sandy loam about I0 inches thick. The subsoil is This soth is spited to limited cropping. It is sandy and brown fine *Andy loam about Zo inches thick The sub- subject to flooding. Pasture is the best use. Tall wheat- stratum to a depth of 60 inches is sandy loam. great,tall fescue,and annual aweetclover an some of the permeability is moderately rapid. Available water most suitable crops. Light,frequent irrigation by furrows capacity is moderate. The effective rooting depth is 60 and flooding is best. Commercial fertilizer Improves the inches or more. Surface runoff is slow, and the erosion amount and value of forage produced. hazard is low. The potential native vegetation is dominated by This son is used almost entirely for litigated crops. It switchgrao, Indiansrasa, sand Western. sand reedgrass. united to an crops commonly grown in the area,inclnd- sidecats grams aeedleandthread, and blue grams. Much ing con, sugar beets, beans, alfalfa tf14 7l, small grain. of this range site includes other soils and vegetation In potatoes, and onions. An example of a suitable cropping Isuch a complex pattern that it is difficult to map them separately.Potential production ranges from?,600 Pound" m is S to 4 years of alfalfa idbigfollowed by corn for per acre in favorable years to 1,600 pounds in unfavorableer beets, small grain or beans. The rapidly years- As range condition deteriorate', the tall and mid permeable substratum lightly restricts some crops grasses decrease; blue grams, sand dropseed, and forts elationAll methods of moat ion are suitable, but furrow ir- I increase;and forage production drops.Undesirable weeds went is is the common. Proper irrigation manage- increase;annuals invade the site as range condition becomes anent;is essential.Barnyard manure and commercial fettcl- poorer leer are needed for top yidda I Management of vegetation should be bated on taking Windbreaks and environmental plantings are generally halt and leaving half of the total annual production.Seed. suited to this molt Sail blowing, the principal hazard in Mg is desirable only in areas large enough to interseed orb trees and MS* ea be controlled by eul- to prepare a seedbed. Switcbgrass, sand threaten, sand boating only in the tree tow and by leaving a strip of reedgraas,midmost&grams,little bluestem,blue grams,pat vegetation between the rows. Supplemental irrigation bescent wbeatgrass, and intermediate whestgrass are ms7 be necessary at the time of planting and during the renInterble for seeding. This soli be ed by usipeas an dry periods. Trees that are best suited and have good survival are Mock' Mountain juniper. eastern redcedar, faterseeder or a forms,clean sorghum stubble.A grass drill is required. Seeding early in spring has proven most sue- ponderosa Dine, Siberian she, Russian.olive,and bacicber. ▪ meal. ry.The shrubs beat suited are akunkhusb sumac,lilac and This soil is generally not suited to the establishment Siberian peashrub. and growth of trees and shrubs. Onsite investigation is Wildlife is an important secondary use of this mot needed to determine feasibility and possible tree and Bing.nacked Pheasant. mourning dove. and many non- shrub species. game species can be attracted by establishing areas for Wildlife is an important secondary use of this soil.The nesting and escape cover. For pheasants. undisturbed I cropland areas provide favorable habitat for ring-necked nesting cover is essential and should be included in plans pheasant and mourning dove. Many mongame species can for habitat development, especially in areas of intensive by establishing nesting and ccovera pheeasants,undisturbed fneesiting escape This agriculture.has good potential for urban and recreational till and should be included in plans for habitat develop- development. lawns. shrubs, and trees grow wet The meat.especially in areas of intensive agriculture. Range. only limiting feature is the rapid permeability in the sub- land wildlife, for example, deer and antelope, can be at stratum, which wows a hazard of ground water con- ' uattracted >ymanaging livestock grating and reseeding � from sewage lagoons. Capability subclass IL where eded. ed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capably subdue f I��irrigated, Vlw nonirrigsted; Sandy Bottom land,ra1 890424 1 EXHIBIT .1 VEGETATION ' Existing vegetation cover on the property consists of two distinct varieties. Lowland areas along St. Vrain Creek have plant cover consistent with that found in a floodplain such as cottonwoods, cattails, bull rushes and other wetlands plant species. These varieties are found in the oxbows of the river. . As shown on the mining plan, heavily wooded areas are not disturbed by mining. Some isolated - trees will be removed from the mining area and will not be replaced. It is expected that natural succession will replace any of the woody species removed by mining. The remainder of the property is active farmland with the primary crops being corn and alfalfa. Reclamation will not replace any of the croplands. Reclaimed shorelines will be suitable for grazing and will be replanted with grass species to support livestock. • 1 1 1 890424 J-i ml EXHIBIT K - • 1 .� 1 ' CLIMATOLOGY REPORT NO. 77-I . I I WiwMONT 2ESE O• S 5::6 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE V4IVERSITY FT. COLLINS. CO. 0523 • II• TEYPERATV'RE ( F3 PRECIPITATIOtt (i:ICI SI cynics, —IV:• '1 x 2 y it a >dy r s s* agageg 4 is 4 i 7s ; a =1 11if • :c. 42.5 !2.2 27.4 71. !055:s -3A, ILLS 73 0.0 4.030.4 11.3 .34 .52 1012 • 1.6 12, 942 10 I., .1 0.: Fp :1.2 :4.5 3!.4 75. 10.4 0 X. 1051 I 0.0 4,4 27.4 2.4 .43 .70 7057 20 4.5 O. 1011 0 7.4 .1 C.: !A$ 5:.: 2:.4 35.7 00. !047 30 -11. 104: 3 0.0 3.0 20.1. n.4i .a 1,45 7052 21 17.3 Ii. 952 27 7.7 .2 0.0 Il 455 47.3 32.0 44.7 OS. 144: 22 -4. MO 10 0.0 .7 14.4 .1 7.24 2.70 1047 to 4.2 74. 1057 3 3.3 .4 .t 'A. 71.0 42.4 37.2 U. 106020 24. 7042 1 1.0 0.0 1.0 0.0 2.53 4.04 1057 e .2 1. 1057 76 so 1.2 .4 ' 4.C:. 43.404 St.4 44.4 4S 105. 19 24 12. 1%7 2 7.0 6.C 0.0 11.0 1.74 7.00 1004 IS 0.0 0. 0 0 4.5 1.2 .4 .. 04.5 55.4 72,: 7@. :051 I2 4:. tO 2 0 10.0 0.C 6.0 11.0 1.10 1.45 16151.15 0.0 0. 0 0 3.4 .5 .1 4.) 04.3 53.5 40.0 7:!. 1140 4 30. IOU 20 10.1 0.0 0.0 0.0 7.72 1.74 1057 1 0.0 0. 0 0 3.0 .4 '.1 I a, 70.7 44.:47,1 O4. 104: 1 20. t•d 24 3.0 O.C .5 0.0 1.15 1.43 1070 22 .7 2. 105020 2.0 Al .3 47.: 33.3 0:,1 14. '147 l 0. 10M 11 0.0 .1 14.2 11.0 .00 1.45 1040 4 1.0 11. 1060 12 2.5 .5 .2 ..t. 52.2 22.2 37.2 77. 7052 5 -74. 1012 27 0.0 2.0 20.0 .4 .52 .41 1015 21 4.7 0. 1054 20 1.5 0.0 0.0 ti :L:`44.0 75.5 3:.2 73. 1055 24 -75: IOU 20 C.0 5.2 10.4 :1.1 .3'L .03 1044 4 4.5 4. 1050 17 1.5 .1 0.0 , l 4•::.1.'44.2 33.2 40.7 • r. 24. 774. 13:712.4 Se. 34. 4: 2. • 1I • I PatClp114T1ON 0110 /900L51L11T COVAL OP Lt55 TM4N ♦oe.. LCyFL JAM 9(0 MAR 401 MAY 4101 JUL 4114 UP OCT NOV OCC ANNUAL I 0S 0.0o9p 08 • 6 .06 • .xy9 .1; . .r, 0 00 00 .11w 0 400 4.A5 20 96 8.16 : 1 . + .� 0 .46 .k3 .2L :II 1; ::it OY 30 . A 5w .045 .75 '904 ,60 .44 wZ •3- J }} 4p • ) ,y ,47 .604 .11 1 19 ,77 .S] • *0 .40 9 it 50 . 0 :34 •01 •07 1.115 100 3..4 US •'14 63 •67 .47 x9 2. •• SO 7 .44 9 . % rr S• 77 :14 1. 5 0000 69 .3' J6 (19 711 • ` 5S :17 �.�1 :09 1.14 3.4w �F I •2 7 .43 as 4.54 • 2 .0) J, 1x.00 N 17 Aw II .7w 7...? .46 :M y .0 A.a .)0 .4 4 . / 7* 7:A7 ZR :It :67 1,44 ryy.� po N; 1. j y44 ill 95 :e9 1.04 .24 3.77 w,3J •.23 7.vS 2.044 Jai • 1:N '] 9.75 ALPHA 2.04 ; Ap4 2.01 3.44 1.01 1.947 1.77 x.50 I 4 .97 3.03 1 73 50.07 t o :45 .70 0.00 0.00 4::: 0:00 ♦•OP O.OO 1 0.09 0.00 OS 0.66 1l 01420 44.,94 D14TM1P.7710•1 P1T,MO To DATA ALPMA9 ;I: WPP P•r4.YT`[L Nt?A. A`` . 177$ 0- Np• 0. MONT.R May1N4 7CNO YM(CYY tA•'4..i10twy NO, O4 M0NTN5 LCD7A' VPLCIP1t4T10N •M5Wrt6 4w( 1NZICAtkO a 7-w .50 PNOw•r1LITr LCYCL • u? . U 890424 , I 1 f EXHIBIT L SUMMARY OF RECLAMATION COSTS Major Disturbance S21,225.00 Moderate Disturbance S15,312.50 Minor Disturbance S 250.00 TOTAL RECLAMATION COST 536,787.50 Proposed Reclamation Bond $36,800.00 ' Bonded Cost Per Acre S 1,363.00 • 1 f 890424 L-1 IEXHIBIT L C & M Sand and Gravel Company MAJOR DISTURBANCE Distel Farms Pit Tuttle Applegate Rindahl 1 Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE 1 Backfill Shoreline Overburden C.Y. 13,400 $1.00 $13,400.00 I2 Backfill Shoreline Topsoil C.Y. 2,600 $1.00 $2,600.00 I3 Redistribute Topsoil to Strip C.Y. 1,700 $1.00 $1,700.00 4 Scarify Compacted Areas ACRE 1.0 $725.00 $725.00 I 5 Seed, Fertilize, Mulch ACRE 5.6 $500.00 $2,800.00 mi ITOTAL $21,225.00 I NOTES/DESCRIPTIONS: Backfill Shoreline Overburden 1.6 Acres (of 8.0 Acres Mining Major Disturbance) a 41. 1' slope distance x I 1,700 feet proposed shoreline w/ 13' -ave. pit depth x 3: 1 side slope (212.4 sf cross-section area) IBackfill Shoreline Topsoil 1.6 Acres (of 8.0 Acres Mining Major Disturbance) s 41. 1' slope distance x 1,700 feet proposed shoreline x I 12" topsoil depth B 3: 1 side slope (41. 1 sf cross-section area) I Redistribute Topsoil to Strip 3.0 Acres Stripped a 12" depth Scarify Compacted Areas 1.0 Acre Topsoil Stockpiles ISeed, Fertilize, Mulch 1.6 Acres Mining, 3.0 Acres Stripped, and 1.0 Acre Topsoil Stockpiles 1 1 1 • 890424 EXHIBIT L C & M Sand and Gravel Company MODERATE DISTURBANCE Distal Farms Pit Tuttle Applegate Rindahl Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE • I n 1 Backfill Shoreline Overburden C.Y. 0 $1.00 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1.00 $0.00 Redistribute Topsoil to Strip C.V. 0 $1.00 $0.00 4 Scarify Compacted Areas ACRE 12.5 $725.00 $9,052.50 5 Seed, Fertilize, Mulch ACRE 12.$ $500.00 $6,2150.00 It TOTAL $15,512.50 NOTES/DESCRIPTIONS: Scarify Compacted Areas 12.0 Acres Plant Site, And 0.5 Acres Office and Scale House Seed, Fertilize, Mulch 12.0 Acres Plant Site, and 0.5 Acres Office and Scale House e • 1 890424 1 I EXHIBIT L C & M Sand and Gravel Company MINOR DISTURBANCE Distal Farms Pit Tuttle Applegate Rindahl Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ' ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE 1 1 Backfill Shoreline Overburden C.Y. 0 $1.00 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1.00 $0.00 S Redistribute Topsoil to Strip C.Y. 0 $1.00 $0.00 4 Scarify Compacted Areas ACRE 0.0 $723.00 $0.00 5 Seed, Fertilize, Mulch ACRE 0.5 $500.00 $250.00 TOTAL $230.00 NOTES/DESCRIPTIONS: Seed, Fertilize, Mulch Reseed 0.3 Acre 1 1 1 I 1 890424 ....now rev.40010 ColpW0 ROOM.,form 342 .r "wm:o°a.e o='►abv...forum 6.-1070 EXHIBIT O POLICY OF TITLE INSURANCE IISSUED BY 1 TRANSAMERICA TITLE INSURANCE COMPANY ISUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS I HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Company, insures,as of Date of Policy shown in Schedule A.against loss or damage, not exceeding the amount of insurance stated In Schedule A. and coats, attorneys'fees and expenses which the ICompany may become obligated to pay hereunder,sustained or incurred by the insured by reason of: I1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2.Any defect in or lien or encumbrance on such title: S.Lads of a right of access to and from the land;or • • I4.Unmarketsbmty of such title. . I IN WITNESS WHEREOF,Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Poliyshown in Schedule A 1 I 1 ' Transamerica Title Insurance Company -1-\\ ligN) Ilyrlie A Premier uA I 'k°Ai«eO\1. — 890424 / ,N • . FORM NO.C-0000.t PO%MIS WITH COLORAuo 05010N AMtRICAN LAND VMS ASSOCIATION OWMLR7 POLICY•IORM Y-lOtO IAMOMOEO *0.17.70) I I ' SCHEDULE A I Amount of Insurance$ 700,000.00 Policy No, 8015048 IDate of Policy January 3, 1984 Sheet 1 of._.ji. 7:00 A.M. I 1. Name of Insured: IC & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation I2. The estate or interest in the land described heroin and which is coveted by this policy is: 1 IIN FEE SIMPLE • 3. The estate or interest referred to herein is at Date of Policy vatted in: I IC & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation I • I I ' I I 890424 1 FORM NO.00000.2 • P011 Yat WITH COLORADO RR010N AMERICAN LAND TINA AaaOCUATIOM LOAN POLICY 1070 (AMEND(D 10.17.70) FOR VK WITH COLORADO 010100 AMERICAN LAND.TITL*AWIOCIATION C.WN[RW POLCY—PORN 0-1070 (AMWOtD 10.17.70) 1 SCHEDULE A--Continued The laud referred to in thir policy is situated in the State of Colorado,County of Weld , and is described as follows: ' The SEk of the SW1; the Was of the Swk of the SEk; the NEk of the SW1 of the SEi; and the Nh of the SEk of the Sigh of the SEk of Section 8, Township 2 North, Range 68 West of the 6th P.M. , and the Nes of the NWk of the NEk of the NWk of Section 17, Township 2 North, Range 68 West of the 6th P.M. TOGETHER WITH a 60 foot wide non-exclusive, road and utility easement located in the Ness of Section 17, Township 2 North, Range 68 West of the 6th P.M. , the centerline of which is more particularly described as follows: BEGINNING at a point on the North line of the NWk of Section 17, Township 2 North, Range 68 West, of the 6th' P.M. , which is 30 feet Westerly of the North Quarter Corner of said Section 17; thence southerly and parallel with the Easterly line of said NWk of Section 17, to the intersection. with the centerline of a 60 foot wide, non-exclusive road and utility easement which is parallel with the Southwesterly line of the R.O.W. granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191 of the Weld County records; thence Southeasterly along said centerline of said 60 foot wide road and utility easement, and being 30 feet Southwesterly and parallel with the said Southwesterly railroad R.O.W. line to the intersection with the Northerly line of Weld County Road No. 20 and one-half. I • i 890424 I • FORM NO. C4000-3S FOR USE WITH COLORADO RaCION AMERICAN LAND TITLE ASSOCIATION OWNaa'e►OLICY—rOKRA 5-15TO (AMENOaD*047.70) SCHEDULE B This Polity does not insure against loss or damage by reSIOn of the following: 1 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. • 3. Discrepancies,conflicts in boundary lines,shortage in antes,encroachments,and any facts which a on. 1 red survey and inspection of the premises would disclaim and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by 1 law and not shown by the public records. 5. Tares due and payable; and any tax, special snowmen*charge or lien imposed for water or sewer service,or for any other special taxing district. • 1 6. Right of way for said railway in width and in manner as provided by the acts of congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to George W. Coffin, recorded August 15, 1881 in Book 25 at Page 55. (Affects S>SNW1/4 of Section 17) I 7. Right of way for said railway in width and in manner as provided by the acts of Congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to Amos J. Emmons, recorded April 22, 1885 in Book 25 at Page 62. (Affects SANEtt of Section 17) • I 8• Right of way as granted to The Denver Utah and Pacific Railroad Company by•George W. Coffin by Right of Way Deed recorded August 8,1889 in Book 86 at Page 191, affecting 1 the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon Eif of the NWT of Section 17, Township 2 North, Range 68 West of the 6th P.M. 9. Right of way as granted to The Denver Utah and Pacific Railroad 1 Company by A.J. Emmons by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 192, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon NEB of Section 17, Township 2 North, Range 68 West of 'he 1 6th P.M. 10. Farmers No. 3 Reservoir, and any and all rights of way 1 therefore, as evidenced by map filed June 1, 1910 as Filing No. 156140, insofar as the same may affect subject proper t 904 MORM NO. C4000-3C .. PON USE WITH COLOIIADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1070(AMENDED 1417.70) FOR VU WITN COLORADO NEOION AMERICAN LANG TITLE ASSOCIATION*WHEW,POLICW.VONM II-1070 <AMENDED$417.70) I SCHEDULE B—Continued • I1. Right of way to take water from Coffin & Davis Ditch over and across SWk of SEk and SE§ of SWk of Section 8, Township I 2 North, Range 68 West of the 6th P.M; also the right to use the present road over, through and across the described land for egress and ingress, as granted to George R. Powell I by George E. Coffin by deed recorded January 11, 1917 in Book 463 at Page 278. 1.2. All ores and minerals, including oil and gas within, upon or under said parcels of land with full rights to explore for and extract the same but without the right to distrub the surface I thereof, as reserved by The Great Western Sugar Company in the Deed to Frank Distel, recorded May 24, 1968 in Book 595 as Reception No. 1516785, and any interests therein or rights thereunder. . I (Affects the following described property:) A parcel of land in the SWkNE>, Section 17, Township 2 North, I Range 68 West of the 6th P.M. , more particularly described as follows: Commencing at a point which is the center of said Section 17; I thence NO°35'E 25.0• feet to the North right-of0way line of a county road, the true point.of beginning; thence NO°35'E along the West line of said NEB. 250 feet, more or less, to I the Southwesterly right-of-way line of the Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B. & M. R.R.) ; thence S51°21'E along the said Southwesterly right-of-way line 402 feet, more or less, to the intersection of said right-of-way I line of the Chicago, Burlington & Quincy Railroad with the North line of the county road; thence West along the North line of the county road; thence West along the North right-of-way of the I county road 316 feet, more or less, to the point of beginning. Also, all that part of the SEh of the NA of said Section 17, more particularly described as follows: I Beginning at a point on the North and South centerline of said Section 17 and 25 feet North of the center of said section; thence North along said North and South centerline of said Section, 250 feet, more or less, to the point of intersection with the South- I westerly right-of-way line of the Chicago, Burlington & Quincy Railroad Company; thence along said Railroad Company right-of-way N51°21'W 379.3 feet to a point; thence South along the East line I of that certain tract or parcel conveyed by The Great Western Sugar Company to Melvin E. Longfellow by deed dated August 17, 1948, recorded Apri122, 1949 in Book 1246 at Page 96 of the Weld County I records, a distance of 51.0 feet; thence on the same line extended South and parallel. with the East line of said NWk, 164.5 feet to a point; thence Southeasterly 400 feet, more or less, to the point of beginning. I 890424 FORM NO. C.0000•3C . FOR UDR WITH COLORADO REu1ON AMIRICAN LAND TITLE Ai1POCIAYION WAN.POLICY M70 (MARROW 10.17.70) FOR UN WITH COLORADO REOION MAMMAS LAND TITLt ARDOCIATNJN OWNERS POI.ICr-PORN X1.70 (AMRNDCD 10.17.70) i SCHEDULE D—Continued 13. Oil and Gas Lease between Melba Grace Distel, Leaaor, and Buddy Baker, Lessee, for a primary term of 5 years, dated October 26, 1979 and recorded December 3, 1979 in Book 889 as Reception No, 1810719, and any interests therein or rights thereunder, I14. All Oil and gas in, on and under, and that may be produced from the subject property as reserved by MELBA GRACE DISTEL in the Deed to i C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado corporation recorded December 30, 1983 in Book 1017 as Reception No. 1951667. i 15. Deed of Teat from: C & M Ready Mix Concrete Co. of Boulder to the public Tnutee of the County of Weld for the use of : Melba Grace Distel ito secure : $500,000.00 dated : December 29, 1983 recorded : December 30, 1983 in Book 1017 as Reception No. 1951668 • • i 1 i ! i i i 890424 ' • EXHIBIT. O "Avis, f . I .pale/ A e°014 3$ .*'es LEAS$ ACREMcnr /'or X1.1003 THIS ACREENENT. is made and sacred into this 7.41 t 7 day of December, - 1983, by and.between MBA GRACE DISUL (hereinafter called "Lessor") and C & N READY NIK•CONCRETE COMPANY (hereinafter called "Lessee"). W I T 17E SS E T N z IThe Lessor, in consideration of the payments a. provided for herein • end the keeping and performance of the covenant, and agreement. by the • I Lessee, hereby 1 unto the Lessee the following described real property situated in the County of meld. State of Colorado, a follow: I Nis of the NEk of the NE4 of the 1Mk, end S1 of the N's of she NE4 of the apt, and 101 of the. S4 of the NPk of the Nf$t. end • NWp of the NW4 of the NElt..A a in Section 17, Township 2 North, Range 68 West of the 6th P.N., I - Being 35 scree, more or less To have and to hold, as provided hereinafter unto cha Lease, for a term of ten (10) years plus cat (10) years. coeuncing on the data of ,,I execution of this agreement. R. Mt. This lease shall continue is full force and effect for thell initial ten (10) year tern (12/29/83 to 12/28/93) and may be reneved at the option of. the Lessee for an additional tan (10) year period (12/29/93 co ll12/28/03). II. CONSIDERATION. Lessee shall pay Lesser on the date of execution I I i any gravel removed from the demised property is included as part of the yearly Ilease payant. 111. VS$ OP DEMISED PREMISES. The demised premise shall be used by the ILessee for the purpose of mining and and gravel, processing and storage of I 890424 I Isand end gravel products. Snstallatioig of meter supply end settling ponds and other such activities related to the mining of sand and gravel, as Idetermined necessary by the Leesao. ' ",,.- By granting this lease. Lessor acknowledges and understand the II purpose of Lessee's operation which may involve inconveniences and hazards to Lessor and/or Lessor's livestock. Lessee does not warrant or represent I . that the eras under their control, as provided herein, are free from hazards but that such hazards will be Insured and minimised end will further be limited and affected by the conditions of issuance of such mining permits ' as will be required for the conduct of les operations. Lessor agrees that during the term of this Lease, or any extended ! 1 term, not to Construct or allow to be Contructad any permanent structure , , or improvement, or any temporary structure or improvement. or to engage in IIAny activity on the demised premises that would interfere with Leseae•e tin of the demised premises for the purpose stated. , I Lessee agrees chat during chi' ter.,of this Lease, or any extended can, that the. Lessor shall be allowed to use guy portion of the demised I premised chat Is not currently required: by the Leeeee for its activity provided such use is limited to raising of crops and/or grating by livestock and ouch use(s) would not represent a safety hazard as solely determined 1 by Laura. T.` .' Leon further agrees not to use that portion of the Sig,.kkk. 'Wk. IINEk. Section If, pouch of the drainage ditch, M> long as that porting of the demised promises remains pert of a larger crop producing field. IIIV. RECUMAIZ(!•. It is understood by chi parties that the demised premises . will be included in, and restored in accordance with, a reclamation plan that , : ; II will be developed as part of the mining permit approval package for Weld County and the State of Colorado. the Lessee agrees to consult with the Lessor on the specific details of the reclasation plan at the time of its development IIwith the intent of maximizing the agricultural productivity of.the demised ,,�, As/ .0.i // nut. 9 re,/..,..,71„44-)w,'it ,. ; premises as • post aiming use. `s inn, dky eleialee. . IIV. PERMITTING. Lessee shall have the sole obligation to obtain any required permit from local, state Or federal governmental authority to conduct `is llthe anticipated mining operations on the demised premises and Lessee shall be responsible for any and all costs associated therewith. Lessor agrees ' to cooperate with Leases in obtaining all such permits and shall not oppose such permit even if afforded an opportunity to do so. ; ' . • ll 89®4 v ima 1 VI. COINCIDENTAL 1ISE. . 'Lessor shall hen the right to mutual ingress and egress upon said premiums and shall retain all right, title, and interest Itherein not specifically granted to the.Least: in this agreement, provided however, that Lessor's concidental sem of the premises shall not at any I time In:errart with the mining or processing operations of the Lessee. VII. TAXES AND LIABILITY. Leases shall pay all mortgages and taxes imposed on it or its operations, including ad valorem taxes on real or personal IIproperty d to it and shall promptly pay or discharge .11 mechanics and materialmen, any of which may result in the imposition of a lien on 1 the property leased. Lessee shall further defend and hold and save the seers %h ...i.. , l betalou, /,mews, steers 'A Iwfradret tNrhli ►rAeow f 4# /wonted' 4 harmless from any a edi-ow-eeiwin i-etheim-sgtlimee/les■oreas a result of the •DO >. .,i.11 activity of Lessee. Including violation of conditions of any such permits or licensee or claims of damage or loss or for personal injuries or otherwise. I VIII. NOTICES. Any notice required or permitted to be given by the provisions hereof and all payments from one party to the other shall be ` I sufficient if mailed, postage prepaid, and addressed to the other party at , the following add Name Address Melba Grace Dispel 1443 Weld County Road 2O% Longmont. CO 00501 i;II `. C i M Ready Mix Concrete Company P.O. Sox J1S Boulder, CO 00706 IX. ASSIGNMENT. lessee ham the right at any time during the term of this llagreement or any extended term to assign or atiblease all or part Of the demised property with the consent of the Lessor which consent shall not be IIunreasonably withheld. X. RELEASE. Lessee may at any time execute and deliver to Lessor or II place of record a release covering all of the demised premises and hereby surrender this lease from and after chi date of such release, thereby tar- singing all obligations hereunder except obligations accrued as of the date tof the surrender. XI. SUCCESSORS. The terms and conditions of this agreement shall inure Ito and be binding upon the smidgen and successor. of the' parties hereto. 1 ll _.. -3- 89042411..' I \/ .r IIM WITNESS MEW, the parties hereto have signed this agreement as of the date and year first above written. ILessor: I -D»vu.,. Al...",2,0 Ir?iloact. MELEA GRACE DISTIL Lessee: CAM Company Ready Mix Concrete Company STATE OF COLORADO ) iCOMM ) SS The foregoing inatrwwnt was acknowledged before am this ayr.4 Iday of kilitakl✓ . 1983 by MmSA GRACE DISTIL. WITNESS.MY WAND AND OFFICIAL SEAL. . IMY COMMISSION WIRES: • �,r.�'••:.d ...r . ;:} �a - NOTARY F C C� I - (SEAL) Address; I Longmont ';� Ste.' ' � i� !"' .•••Iran ` of G01.- STATE OF COLORADO ) ° I ) SS COUNTY OF BOULDER ) The foregoing instrument was soknowledgadd before as this ....19.,-.4 day of /Qlev,r..lty..... 1983 by ,_,rt��L�? ". J.)46.../2 on behalf of C6M Ready Mix Concrete Company. IWITNESS MY WAND AND OFFICIAL SKID.. ,. MY COMMISSION WIRES: ' � d 4. (sut) Address: iaTARx G Avert. � I 01 Ott #dpi I .'. 'd. 8904 : 28 _fr I / 8 1017 REC 01951667 12/30/83 16142 $6.00 2/002 F 0326 til .ANN TEDERSTEIN CURE 6 R!, RDER WELD CO, CO I V • The SE/4 of the SW/4: the W/2 Of the SW/4 of the SE/4: the Il NE/4 of the SW/4 of the SE/4y and the N/2 of the SE/4 of the SW/4 of the SE/4 of Section 9, Township 2 North, Range 69 West of the 6th F.M., and the N/2 of the 11W/4 of the Nt/4 of the NW/4 Of Section 17, Township 2 North, Rance 68 West of the 6th P.M. Meld ll County, Colorado, excepting and reserving to grantor, her sue-castors and assigns, all oil and gas in, on, under, and that may be produced from the above-described property, it being under- stood that all other minerals, including sand and gravel, are conveyed hereby! - ITogether with a 60 foot wide non-exclusive, road and utility easement, carrying with it the requirement and liability for any culvert intersecting the easement at no Cost or expense to gran- I tor, located in the North One-Ralf of Section 17, ?2N, R6SW of the 6th F.M. , Weld County, Colorado, the Centerline of which b• eing more particularly described follows! Beginning at a point On the North line Of the KW Quarter of I Section 17, C2N, flew of the 6th P.M., which is 30 foot westerly of the North Quarter Cornor of said Section 17: thence southerly, and parallel with the easterly line of said Northwest Quarter of Section 17, to the intersection with the centerline Of a 60 foot I wide, non-exclusive road and utility easement which is parallel with the southwesterly line of the R.O.W. granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of way Deed recorded August 8, 1809 in Book 86 at Page 191 of the III Weld County records; thence southeasterly along said centerline of said 60 foot wide road and utility easement, and being 30 feet southwescerly and parallel with the said.southwesterly railroad R.O.W. line to the intersection with the northerly line of Weld ' County Road No. 20 and one-half, ITogether with an undivided 15.91 interest in and to the Coffin, Davis Ditch and the Decree, including, but not limited to that portion of the decree recorded in. Book 952, Reception No. I 1974151 of the weld County records: and on Pile 1182, Reception No. 466611 of the Boulder County records, I I Directions from Denver ITake I-25 north to S.R. 119, then west co Couecy line,road (aspersion louider/Weld counties). approx. 4 *ilea to.turnoff. Turn mouth on county line. so 14 riles to road.204 turn east 14 Imiles to site. 1443 Weld County Road 20I Longmont, Colorado 80501 I , IEXHIBIT' A i •. I 89042 EXHIBIT Q • Municipalities within two miles of Distel Farm Resource. tCity of Longmont Civic Center Complex 3rd and Kimbark Street Longmont, CO 80501 (303) 776-6050 1 • • i ■ 1 1 i i i 890424 Q-1 • • �iL1 YN.*..�. W wv�KM 4 YY I I V 1$" M1 Tl J 4J ♦ w : 'J 'Y R wM+•,M.� �'• •.M b bW.MN`,v-+i.wr.� �� + M.• tl.. r��pv,Kaw�m^.•d .w n K+� M,^• ��°"'�"'a' .w,§'yy'µ„Y��.��,dr�surewra, ,.—.i^`'y��,w'`'°, y h ..... ...„w.w�...r..�♦a..aaL.c...sZ Ii. f°i . ; Z. �„ i }I, EQUITABLE LJ:FE ASSURANCE _ J 0. SOCIETY OF THE UNITED STATES ° Amiss Eli neat s y w G7 ' P.O. BOX 291:6 tens Le) a a z k I a,�,! OVERLAND :PARK, KS ' 66201-132e��wirhrr ❑ .�• �" , S W w F m I� die .7 U Q H Pc, N lW�, 9 �•+.wwrrNr� } 'vf�0e aid C3 CC I k a O a eG i° -�•T—"wr'la W +� � r ......:.• .1 0 w " w 4� k w 1Ra �� kM n r ,., . •Newla�htJ�aPaY4 .-4 x a CrA c� o tip WCC Z d to ma c. ' • T � .. . a�4 sad.o.o�.e. , , ,and!when w its ' �. Put your Y awe horn M'the;eo o rON u,. • r.�ureeow.ate prawn this ' tot a,di .wvieadlrr J w�• ' II( i.,• .Shaw. wheal I1ti.�n0. •rdiawc R. Q;. 'py S w Yt ml t HERMAN AND BETTY SCHLAGEL �s '^ -4zet oo 1262 WELD COUNTY ROAD 201 '" owookQ CO ie' a 4... w LONGMONT CO 80501 ssia C00 '• t', m v M o�FM�M+ randca O I /aura tMrxme_ daYawn cc 5s�•• a [" « Ana • i tn •. Cg Cl- O.g` c ' a ti , rr, i `l +'p�.k..W w _port°di► Pa. W w N {� T+ ". p F "h y •', . ,'b (pro 1 'i ris t_ ,.�- V vmwr'8@2l,.Ns. BD 4 U.14PA.WSI-212-Ns Do11IMUC oanot INICIT }0+ INNS I an „2,r.hi.aasYa- aa.., w down&mid aonyhooa It em :vomit nom**flan "'Ttr m` oee a� side.Failure m datlrb-w/I pMnt'My Y yan' 4 e Y,, L•; it.sham C tor r G` �T d m 6 0 w to oG O 'hr Tot •vkm t•..w:W..: ••t. ,t A. ArIcII Nolte C G �+ r. 416-V 4510 r FLT z4. ago �t� • a w cn g za LEE ERVIN OLSON a Q d o o o 3 1738 WELD COUNTY ROAD 20+'1 4 'ife.__ssalkshr'b a i ci o ldg z c LONCMONT, CO 8050) R ,ecers coo d a 82 w O & '} "S" enin MaM�Yo of sit NTAMI IdNIC4 Ti w w ,. v. $r ..- ~� /w.I� rm• :i `y'.�wr.a'. *CYO a.r Q GC > M aR.. twtAe/afQ - )S an +Ui are.*.$4.440. Dolan aesuw ia..rr Wi .-- .Ye a .,�(-.fl•HYh IFe �,`,.Ywfblf . ..r 890424 • • R 1 ry,.. �., w . �,. •�r�T.j;c p` `�dy 14Yn f'e.. r ..+.• +,+r �.. ..+wx....ir 4 rm wwab1•..+.u.,. .4t.A$./ LVuw.Y.r.+aW �; I w ,w,... .r..w�.v��r.� ...w.•..mw,.sr yn�,.w+.,.• r :'+.rein p'w;.n, w.. w . r " ^",SM'9 r'A'N.M"q''.rw'�o-p^. .,.. • ale�S •r.c_1 w"`Dw�e"4. sr- xw. M..... ..w:.y+Ykigsv� ti E; .ww.0. �2.QlOrlsu�l7*duUY '. r f,,.. •CoF f ul y.a,, ww+r$Y �. .., 1i�L�'�=."S��lr_!.o ` .d -, li f +,> , m r r oo .• ANITA TEAH W UN$ a, o' i-, a c 1710 WELD COUNTY ROAD 2 „ — - C.1 47 r w r q b Clem S w;ct €tee%) j LONGMONT, CO 80501 ,.q O. us £ o U I F .a17�rr.r ,.Y.ee. . rm^ er fi".wM. i .c �`• w. Q V: J ... .4 ••,....' .r . r v /{ 1' rry r T'^""•0 ►� a^"�' , C. M1 C+ W 2 y ut" '' ' �r n��h�;F �OR�{�C P�� Z O , t IW /rL U F o b i !� 4 , 't•"T'1r 4 ,,,d, " a t:O.•,, .4 M ..- •-• z •• • °liF �i j z Q ::: 3 tN } 1 .23.4,, 3s7 ,• I R "'_ '/i{6 oiiiattstic,11LtuMN aeon N h dp M o e o o .-. I'n ,n S C. x O 00 T �Kg. , Uc4, ?' 4a S �' . C I � CYU DA w Y. � E I I" �. II y N f 2 -.4_ 8 a 9961 count 'Ma two:sa p 144 s {, 'r' b W'., ti e� l k, " —% .en..«....4• . 4 .:✓.w+.se—fly a...rCL Fw I� ' •4r Ji c• �J""V"�.''"'"!9"`�+'ir�I S"""-'"e.d4i. w,.Fr.4, . 'r9rl"'" r$" 44 g > we '''Attr#," be fL w•..I1Afei� �"a"kE'I Sen s o sw�. w 1 '' TULL CATTLE COMPANY 3S S _ oilkeiV: .1, v g c� h� a �' C/0 RICHARD'LAYER MyMww� C r .e e o L , N I FLATIRON SAND AND GRAVEL e■Mw 1J O. n el g N a X , ym P.O. BOX 229 GG33 wrMr ❑ k W 6 K. F 2 g ! : l '*� 8 Ar' u,u..rridA., ,OHIMIMM �eas et add1i�M W w CC E' a ,k,,,i aX ` " :-T .: , � ,,i 4r , b °`,',;iOn, t, ; ++Mwr adh.rrW. � � I a ti r1y�,� . 4' a c. �,q wr� S� r• V I. 1UOo • usa66M.S*4t4 5 f"..�w.Jy R d `L`rk` '.V'x�i444'aw ed••. .' ". "y1A+f'•=..lA', L. .. .s . .. .. .' .'; _,• .r, . . . . 890424 • • + 1a .w,,...P.•% . r.w .....r�++�..,�w. Ns ..:.ye.•..�f.�.yr� ): H r.dF.... , t iT&.AVr« -' —h. •.dr.4 t. . ait :. 1 • a. rn ,9yam. —37 w w I , CITY OF LONGMONT ❑krma0 LiIr " a o ` " CIVIC CENTER COMPLEX (Q l3 .. . Q d- o o °° I 3RD AND KT�ffiARK' ,.. , 0 0 I¢ z w no q I LONGMONT, CO 80501 m„,,,,„ a�aea Eras .34 u. r ON I., I 417‘. ti .u, �,,... gra�crd.•. . 112_. 0. w t w Q o (�X -Col , .ti aar s k fa girkr ►ran t•Pa) WQ C),,fi�rr [`� Y IA- ��.�� G N N . QV O I lA rX �.R °t":''',r . tip ti 04 1 I v' - . .::'0 7 ' •rail ,., l` �� 4, A t, n ,,)1 .148 .* A.1.04-212—Set DO S TICarum attarT b,, vac Your oleos MIS aloodon the-ma MO,Fears to do Ns naa oft Pt J Nod kombe annonorogi 2Mond andoadd - DMddY . 1 ;a ear*Ottawa �e wand anaa'a; S.. O:! D•Y•rr J x „p 4 ,.L v �. . ...:n..., 4. ANula.Nunbw - us Z W 41 / S ' M . o _, ° n CHARLES R. & SHIRLI MAE HAYS of a j ,_ leto j ' 998 EAST HIGHWAY 119 _2 z. O uu = s q 4 s ooa I LONGMONT, CO 80501 Lt'ao 1.401 O W F' S S U N C c' •NuaY•arte•al/•••••]i aaiaaa.•. 0 C;e w ♦4 V I I x .�,,,.ril a.aaowa wid. T v i0. ti r 0C FF F { 1 �N' 10 1y., m^� a 1.e S. a Address n1a�M aMf .(Oar if [L. Wit Wia7C I I � I�? x % , "+, / UCD ' n ti ;,�y " w ' ..rt�a, W . CC r.ronn3811,MeiON , • U.W.O. s ss-212-1� DOIHifl=.w'a,a ., '„ ,yi , arm arnato l Miwt'aOQWorW;__ r•.Oen&and oturoa•r fin., Inr Wr'I12TJOCII:"' rwraaaWo.FMon so do lMa M praantdde W►d ya for an w I I 1. : a.or6oatA ono. tlOnted • 2. O tro ,Ldror gm 1.4 co I4 .0 ferviz. A rn O O. p.0` - N I FRANK S. & ANDREA F. BIGELOW r' d Iy o 9ON EAST HIGHWAY 119 n loos N Fn� - �- c LONGMONT, CO 80501 TO eCe �, a 6 00 mar um ti tcik r x t ) p I.% :Akan ate.M/s of Swat m, r i�iT P It yy ,. t W 5}, A 5 .4,!,, we`r ' CL 0 O .Ca0►Of DrYrMy r v,- ,,•le Fig IlliPrOSit L40.0..S M"n-su sqI lawile 890424 • 4 ,‘„,,f,„.,,,,44....-„,...,:‘„,,,,,-;., .. _... 1.fi Nld• ,:„..,......„„a_,„24.:„...„,....,d fi � ... • .a.. ... n M1MFY4 L .-•- b1ylW l.'YWiW , , 1', µ --1 �f.�'P M.V'+Mw .w r6.r ra y�Lp'sWw4 % "°V,! (� �1 y 1.. yI Ph-181.•"‘• __. - in .X IX 0 �. ,. 0 5.c h .. a o c..•. +... _ PI c2 tl S Gi.,' V 2 o I w� 4 ,_ .ry c u C, 6 M..READY"MIX CONCRETE �� ,, a a .+ ao COMPANY OF BOULDER r t e x o o siosse insp. x 'Yf W w a co m�" 2716 NIWOT ROAD. c«wrey.J [7 too O e 3 s o F I+f' f t.IMMs. OO ,,l o V a NIWOT, CO 80544-0490Latta I a a ••• U I '''� r • �' : Minn 00(�M Sena a,oelwn. yyy x F. i f *. hrwrw,w '.t aO�ne•nd —I H I S - I x.,',fi i p vtAl,•0•1,5•t. • 6&." . 7�. a ',ti�i^n4 L. NaM0411/M/J�Y/irQ CC U N z f 4,-- 'V, ,�•, fa 41 ?Om 3911. 1916` 'it 1L1.dLP.O+7Nel-212-84)5 Daunt some noCBrTIrcir . , Rt rr. i r. ;Lin .57/7" /R4 PI mite.4' ` . •. 1 and 2 when w ldensi.Nvls we and.end cempliss hums turn 4.. ,..Mee -Brta, TO" IDlIdeaprww MereMerea will nest wnt this bro. r ." 11 •.M �T ' w rr. T• �'. • 2. 0 'viewed isliey c.:m 6 r..yr _ r ..w.w ,� �. �fA101•1WM� in a. Q in S 4.1.t C4 in 0 1 .? MELBA G. DISTEL 'i;, Of Li" W �X m oo . 1443 WELD COUNTY ROAD 201 �r ❑❑❑�°'°'•° o, , ( c I LONGMONT, CO 80501 . Icassmw d o i3 0o - Iis ,, ''ri 0 '•` a A I r�' AhttYtaoMn�ww•fwMtwt wlad (.4� } yf. ate. •nc r�d'p�T 0- V r °M C ( x . .., °enf a„hYi'; 4 R r� iii.Fn��Jt— `� i.'' ` t �O�I• d j h rfv ,yR ,+e :w. ,t ntelfe.(�AvlO. yy cc .-I (i �� a • >a if ca 3811,Mr.1918 :i* LLtG P.O..ISIS-211-SOS oomesno Roam maim re r?, •;. .ghetto IMm• 4 .2 when,aldithwiel ember me desired.and aa st,ht.,i d• ,Put d0iraln the Space m .at:r.p4..�oe ee this we prevent 4 w � '""1... AMOS.whob .per. . 2. C -, s n� II A i.e. o N rP t. C & M COMPANIES rti Of5rF�/ J rjo� .. P.O. BOX 490 f M O rru.a w dr., w c ; fro. 7916 NIWOT ROAD iL.]J * y" c NIWOT, CO 80544-0490 epees WI r., A 0 0,1 T. 0 O df t •......^�,.�s�r w..+�-.rr. or_rid$��1n�'' !1 11 o VON *f �, "F '&Mb'ww•'Ol1d W ' k z LLy�+ y . ♦ .R w�1.'4.tx,U. � a*.IMMf�ot,AM9 I •Q. 1+1 S 22 f s Yr L! ail, '' treleileetill DONS=Mendell OWIIPT 890424 renSr r. RESOLUTION RE: APPROVE DISMISSAL OF SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, on May 17, 1989, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #454, issued to Howard Duckworth, dba Weld County Disposal, Inc. , due to alleged violations of Development Standards 4, 9, 11, and 14 of said Special Use Permit, and WHEREAS, the testimony presented at said hearing indicated that the facility is no longer in violation of those Development Standards under consideration, and WHEREAS, the Board deems it advisable to dismiss said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider revocation of Special Use Permit #454, issued to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. ^" BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO • Weld County lerk and Recorder 4(j and Clerk to the Board C.W. Kirb , Cha an of ( a qu.a re J. neon, Pro-Tem eputy County C er� EXCUSED APPR D AS TO FORM: Gene R. Brantner Ier George enner � County Attorney /� CGord y �.L D•54/7 eC 4.,14-�j�-cte1t_. �2 890429 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket Y for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 17, 1989 DOCKET 0 89-21 USR-OPEN-PIT MINE & MATERIALS PROCESSING FACILITY - C & M COMPANIES DOCKET 4 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH, DM WELD COUNTY DISPOSAL, INC. DOCKET $ PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. NAME ADDRESS HEARING ATTENDING 9e-- min // Y Thitich r se i, 4 /194a &a,,T-5r-Ste 4/0 Dr/fiver 'teat, -z1 (or" rr y ry/5" 6ii). q Sr c&,M/ t. P. . Q Pori- R_ Q Q 10 6 > - g ? p7 r 4ve_ zi/21i C✓. D.,� 4 Vet y '( 7Ss / t, dfl#fl .,r,�a. s 4. v< ii, "�+ ,t/D N`mico S J}�7/,':' �'o/q 444 15 crL ak esA ea//fin ,/'7 v • 84304j mummmmm DATE: May 17, 1989 CASE NUMBER: ZCH-34 NAME: Weld County Disposal, c/a Howard Duckworth ADDRESS: 7551 Callaghan Road, Suite 100 San Antonio, TX 78229-2861 LEGAL DESCRIPTION: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Roads 12 and 31 The Department of Planning Services' staff inspected the property and determined that it is in compliance with the conditions of the Board of County Commissioners' resolution of Narch 22, 1989. The aerator system is installed and operating, the berms have been graveled with pit run, and the facility is in compliance with the minimum 3 foot free board. • • • 890429 a RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 10th day of May, 1989, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit *454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Board was informed that the aerator system was not totally installed and operational; therefore the facility was still not in compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 17, 1989, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to May 17, 1989, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989. • BOARD OF COUNTY COMMISSIONERS ATTEST: 171:214/214.4e:‘44;‘) er+t. T& WELD COUNTY, COLORADO Weld County k and Recorder Ar and Clerk to the Board C.W. x�.r , Cha an EXCUSED <BY: p-ji c.,ce.- .rz r."�� Jac line Johnson, Pro-Tem ,� eputy County Clerk APPR ED AS TO FORM: ene R. Bra ner CL — George n • County Attorney • Go C Oc /7 � .9u1GJ-� q 890407 at • ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAX 10, 1989 DOCKET #88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET #89-17L TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON DOCKET # AME ADDRESS HEARING ATTENDING ,/ Lc?) /f fin/ 35 4(1e fro :J ' _ / tckdeter uw&c b (0n0ry J erpc A L ass P, 7a ' B'u0 ?Y //a-. 5're ..eN G ' "" '� 7 59oS" V�r�l�/'^ PriP.„ .0,-G.p3-.pDrW ca4.0.k JII • j, 429 • HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT f454: ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 10, 1989. at 10:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff' Assistant County Attorney, Lee D. Morrison' Planning Department representative. Keith Schuett The following business was transacted: I hereby certify that a public bearing was conducted to consider revocation of Special Use Permit_#454, issued to Weld, County Disposal, Inc. . c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison stated that this hearing was continued from March 22. and he reviewed the items the owners were to have accomplished by this hearing. Keith Schuett. representing the Planning Department, stated that an inspection by his "department" revealed that the areator system has not been completely installed and is no_' op: rat onal. . Mr: . Schuett said an:inspection by the ..Health,. Department revealed a new violation. which has not been an issue of this Show Cause Hearing. During discussion, it was determined that this hearing would _consist of two parts:. the first to determine whether the operation is in compliance with the items outlined in the Resolution of March 22; and the second to determine if there is probable cause.__to schedule .a'-Show Cause Hearing concerning the new violation. Mr. Schuett reviewed the findings of the Planning staff's inspection. Wes Potter. representing the Health Department. said his department's :inspection:"sbowed::that the berms have been constructed in compliance with the County's instructions. and that documentation has been submitted 'and .reviewed concerning the construction of the pond liners which are complete&..and are acceptable. He also said that intake reports indicate compliance with the intake restrictions under which they have been operating. Robert Gehier, Attorney for Weld County Disposal. Inc.. made comments. Tom Cope, of Total Engineering, Inc., explained that the aerator system bad been placed, but testing indicated a few necessary adjustments which are not/ -being: made, and. that the system should be ready for inspection by 4:00 p.m., May 12. Howard Duckworth, principal owner of Weld County Disposal, Inc'.., explained that they have been working very hard to get everything installed and explained some of the delays which have occurred. In asking for public testimony. Chairman Kirby requested that comments be confined to those items contained in the Commissioners' Resolution of March 22. Tim Trostel. a neighbor, voiced concerns about the noise made by the pump operating the aerator system. There was much discussion about methods which might be used to lessen the noise of the pump. Commissioner Lacy moved to continue this hearing to May 17. at 10:00 a.m. , by which time the aeration system is to be installed and operating. Commissioner Brantner seconded the motion and said be would like discussion concerning a muffler system for the pump continued to a later date. (Tape Change #89-20) Mr. Schuett commented that the 890407 aYy7 ne -.?Gf 890429 • • (fr #0 MEMORAnDU 'rev. , IllineTo Weld County Disposal Pile om. May 9, 1989 COLORADO Prom Lynn Robbio, Environmental Protection Specialist subset Weld County Disposal On Friday May 5, 1989 an inspection of the Weld County Disposal was conducted by Wes Potter and myself, Lynn Robbio. The berms and free board were found to be in compliance, but a large amount of oil and weeds had been removed from ponds and mixed with dirt and disposed into an unlined pit on the back side of property. Wes and I told Gary Kennedy he was not allowed to dispose of contaminated soil on the property and that a method for proper disposal would need to be presented at the Show-Cause Rearing, Wednesday, May 10, 1989. The berms on Ponds C and D were surveyed and found to be constructed in compliance with the Letter of Approval from the County authorizing the construction. There is less than 8" of variation along the top of the berm. Pond C had approximately 1.2% of the pond covered with oil and paraffin. The operator has been working to remove the oil from the top of the ponds. The oil on the pond continues to be a problem. The problem is caused by the operator running the pump moving the waste liquid through the skim facility too rapidly. Other facilities have demonstrated the ability to skim without getting oil onto the ponds. Proper operation of the pump system would significantly reduce this problem. All other aspects of the waste facility appear to be in compliance with the regulations. On Friday, May 5, 1989 at approximately 4:45 p.m. I spoke to Mr. Duckworth and I told him of the problem. Mr. Duckworth asked me if the contaminated soil could be trucked out to Roggen. I told him no that is not a proper method of disposal that he could try dust abatement on the Weld County Disposal property, but his best bet is to propose to do E.P.A. toxic tests on soil and haul it to CSI in Commerce City. I stressed to Mr. Duckworth at this time I would have to talk to Wes and we would get back with him on Monday. May 8, 1989, so Wes could make some recommendations for Tom Cope's Proposal. On Monday, May 8. 1989 Wes Potter, Tom Cope, and myself met to discuss possible methods of disposal. Wes said dust abatement would not be recommended and according to the new State guidelines for disposal of soil E.P.A. toxic tests should be conducted and then a proper final disposal area would be decided on. Tom then decided he would review the new State guidelines and make a proposal. 890429 • HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT 0454- ISSUED TO WELD COUNTY DISPOSAL. INC. A public hearing was conducted on May 10, 1989; at 10:00 A.M., with the following present: Commissioner G.W. Kirby. Chairman - Commissioner Jacqueline -Johnson, Pro-Tem - Excused Commissioner Gene Brantner -' Commissioner George 'Kennedy Commissioner Gordon=E. Lacy Also present: • Acting Clerk tothe Board, Nary Reiff Assistant' County Attorney, -Lee n-;:Morrison Planning Department representative,' Keith Schuett • The following-business was-transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit:;_#454; -issued 'to Weld County Disposal. Inc., c/o Howard Duckworth. Lee Morrison, Assistant County Attorney. made this matter of record. Mr. Morrison stated that this hearing was continued from March 22, and he reviewed the items the owners were to have accomplished by this hearing. Keith Schuett, representing the Planning Department, stated that an inspection by his department revealed that the aerator system has not been completely installed and is no..;_ opt ratr,Onal. Mr- . Schuett said an>'inspection by the'-.Health Department revealed a -new violation, which has not been an- issue of this Show Cause Hearing. During discussion, it was determined that this bearing would. consist'. of two parts: : the_first to determine whether'`the' operation is in compliance with the items 'outlined;dm the Resolution of March . 22; and the second to determine if there is probable_ cause-.to .:schedule a' Show Cause Hearing concerning the new violation. .Mr. Schuett-reviewed' the findings of the Planning staff's inspection. ,- Wes Potter. representing the Health Department, said his department's ..inspection "sbowe&:tbat the berms have been constructed in compliance with the;`County's instructions, and that. documentation has been submitted'and concerning the construction of the pond liners -which. -sre- comp1etid and are acceptable. He also said that intake reportsindica€Ccompliance with the intake restrictions under which they have, been operating. Robert Gebler, Attorney for Weld County Disposal. Inc., made comments. Tom Cope, of Total Engineering, Inc., explained that the aerator system had been placed, but testing indicated a few necessary adjustments which are now being, made, and that the system should be ready for inspection by 4:00 p.m., May 12. Howard Duckworth, principal owner of Weld County Disposals' Inc., explained that they have been working vary hard to get everything installed and explained some of the delays which have occurred. In asking for public testimony, Chairman Kirby requested that comments be confined to those items contained in the Commissioners' Resolution of March 22. Tim Trostel, a neighbor, voiced concerns about the noise made by the pump operating the aerator system. There was much discussion about methods which might be used to lessen the noise of the pump. Commissioner Lacy moved to continue this hearing to May 17, at 10:00 a.m. , by which time the aeration system is to be installed and operating. Commissioner Brantner seconded the motion and said he would like discussion concerning a muffler system for the pump continued to a later date. (Tape Change 089.20) Mr. Schuett commented that the 890407 034/7 850429 • • Page 2 RE: SHOW CAUSE - WELD COUNTY DISPOSAL system needs to be installed in time for inspections to be conducted prior to the hearing. On a roll call vote. the motion carried 3-1. with Commissioner Brantner voting nay. Commencing the second phase of this hearing, Mr. Morrison asked Mr. Gehler if the applicant would waive the customary 10-day notice for a Probable Cause Hearing. Mr. Gehler asked to hear the concerns today, but wanted to .have time to prepare a response; therefore, be said he would not waive the right to notification. Mr. Morrison advised, the. Board that they could hear the complaint, but their only possible action would be co set a date for -a .Proablø Cause Hearing. --Mr. Potter said the Health Department has discovered the improper disposal of oil and waste materials in a pit, in ;violation,. of the Development Standards; and feels that there is a consistent management problem at this facility. evidenced by oil around the;; receiving, pit-and on the ponds. Mr. Trostel testified that tumbleweeds blown from this area are oil and wax—soaked, and that birds die after being on the ponds. Mr. Duckworth commented concerning the management of this facility, and said they intend to use vacuum trucks,to--remove>oiL. and paraffin from the ponds this summer. _CommissionerBrantner moved to set ,a.;Probable Cause Nearing to consider new. .violations for.-,May-.r17,, at, 10:00 a.m. Commissioner Lacy seconded the motion. Mr. Cebler agreed that this would constitute sufficient notice of -said- bearing. The motioncarried unanimously. This Certification was approved on the;.15th-day of May, 1989.. APPROVED: Qk nt.) BOARD OF,COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County C ark and Recorder . � � \_and Clerk to the Board, C.W. Kirby, Chili n Svc r C � '.. 9/ : EXCUSED County Cl rk Jacq ine Johnson, Pro-Tem Jaen S ens R. Brantner George,Kenned Gord6see f TAPE #89-19 & #89-20 DOCKET #88-48 PL0447, 890407 eS} U 890429 • . 4Cu, MEMORAn®U! \,,, VII'Dc To Weld County Disposal File Oats May 9, 1989 COLORADO F.om Lynn Robbio, Environmental Protection Specialist Subi.cr Weld County Disposal On Friday May 5. 1989 an inspection of the Weld County Disposal was conducted by Wes Potter and myself. Lynn Robbio. The berms and free board were found to be in compliance, but a large amount of oil and weeds had been removed from ponds and mixed with dirt and disposed into an unlined pit on the back side of property. Wes and I told Gary Kennedy he was not allowed to dispose of contaminated soil on the property and that a method for proper disposal would need to be presented at the Show-Cause Hearing, Wednesday. May 10, 1989. The berms on Ponds C and D were surveyed and found to be constructed in compliance with the Letter of Approval from the County authorizing the construction. There is less than 8" of variation along the top of the berm. Pond C had approximately 12% of the pond covered with oil and paraffin. The operator has been working to remove the oil from the top of the ponds. The oil on the pond continues to be a problem. The problem is caused by the operator running the pump moving the waste liquid through the skim facility too rapidly. Other facilities have demonstrated the ability to skim without getting oil onto the ponds. Proper operation of the pump system would significantly reduce this problem. All other aspects of the waste facility appear to be in compliance with the regulations. On Friday, May 5, 1989 at approximately 4:45 p.m. I spoke to Mr. Duckworth and I told him of the problem. Mr. Duckworth asked me if the contaminated soil could be trucked out to Roggen. I told him no that is not a proper method of disposal that he could try dust abatement on the Weld County Disposal property, but his best bet is to propose to do E.P.A. toxic tests on soil and haul it to CSI in Commerce City. I stressed to Mr. Duckworth at this' time I would have to talk to Wes and we would get back with him on Monday, May 8, 1989, so Wes could make some recommendations for Tom Cope's Proposal. On Monday, May 8, 1989 Wes Potter, Tom Cope, and myself met to discuss possible methods of disposal. Wes said dust abatement would not be recommended and according to the new State guidelines for disposal of soil E.P.A. toxic tests should be conducted and then a proper final disposal area would be decided on. Tom then decided he would review the new State guidelines and make a proposal. p��jj��pp 890429 _f S O t SOLID WASTE FACILITY INSPECTION (Surface Impoundments) !' County /______ r .DATE ,5-7.6151 9 Located in Facility !C/9 4l6K¢ %[lc e/r7nu u Incorporated Area Location Ted d Current Operator a I �/4 d.e.c Mailing Address of Operator � Current Owner (If different) LCY1l �u_nlfii iz4 Mailing Address of Owner' ,t, , -afl-aalaawaa=a-MI+aaaraaaiaa=aaanaaaaaaaaaaaafrrai (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards _� B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards 33/4 F. Non-Compliance with Approved Design and Operation C. Structural Integrity of Dikes Questionable H. Records __ I. Other * REMEDIAL ACTION REQUIRED IX. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present _..a. B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence o le Spills Around Disposal Area F. Water/Liquid urface Covered with oils) or scum G. Depth Gauges not Present and or Readible ---- H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement ` J. Other III rks • - ...tiy ZJPC * he (,t ) SATP in1' 4 Qtpa4 44.)eV—II T.e9�/' 4 /17/1 l 'of _re,jeffp ��.(((��... tea- -aaa aaaaaa�aaM•ina4•aSaainaY (Name) PRESENT AT INSPECTION (Representing)tii/4J ___ Inspee n nginee /Geologist ; (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 890429 RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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,Y the Board- -of County Commissioners held a public hearing on the 22nd day of'March, 1989,,_atthe hour.of .9:00 a.m. in the Chambers of the Board for the purpose' of-'considering the revocation_ of Special Usflermit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to. alloy additional time for the -facility to be brought into compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 10, 1989, at 10:00 a.m. , and WHEREAS, the Board deemed it advisable to outline those items to be accomplished as follows: 1) an aerator system is to be installed, or an evaporation plan acceptable to the Weld County Health Department is to be submitted; 2) the graveling is to be completed; and 3) confirmation of the freeboard level and results of compaction tests are to be submitted to the Weld County Health Department. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing` to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc: , be, and hereby is, continued to May 10, 1989, at 10:00 a.m. , with the above listed items to be accomplished prior to said hearing. ft Rt0997 ce l-darer r*tf (6)890276 Page 2 RE: CONTINUE HEARING - WELD COUNTY DISPOSAL, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D. , 1989. BOARD OF;COUNTY COMMISSIONERS ATTEST: ' WELD: COUNTY, COLORADO Weld County erk and RecorderLeo/PtC% / and Clerk to the Bo d C.W. Kirby, Ch rman ter•sa\M1/441-11v--- gee ue� on, Pro-Tem: geputy County lerk ' b/ EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner ---i---- t George; K nn O County Attorney Go L 890276 eat a 890429 • • a OF COUNTY COMMISSIONERS . WELD COUNTY COLORADO P. 0. BOX 758 CREELEY, COLORADO 80632 ..„7:;#27:::ekto !" "...441-722a24./4941 +25722.., 4,2e/ . a/y • • • • • M O ,\ H r .4%. �rY•wyA 3r . • 1 •\ . \ IV �•'+ T•� yl , • `• ,,,J • �• • ' • \• .T • n • - L • r. lL . s -�: • .� 1 , I • '.1 .-• • 11 r1r• • 4 7 11 - . SN.r. ' '• ( ; G:• ` c., Ii• Iil . • • t�,`�. / 840429 fah v. III HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on March 22, 1989. at 9:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro—Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy ' Also present: • Acting Clerk to the Board. Mary Reiff Assistant County Attorney. Lee D. Morrison Planning Department representative, Brian Single • Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454. issued to Weld County Disposal. Inc. , c/o Howard Duckworth. Lee Morrison, Assistant County Attorney. made this matter of record. Mr. Morrison noted that this hearing was continued from February 1, and reviewed the conditions of said continuance. Brian Bingle, representing the Planning Department stated that a recent inspection determined that this facility is still not in compliance and recommended that this hearing be continued not more than 35 days. Wee Potter, representing the Health Department, said that an inspection on March 20 revealed problems with the berms. He also said the facility is currently close to its maximum level and stated that he fears, if the conditions under which it has been operating are lifted. it will be out of compliance within a short time. Mr. Potter said an aeration system should be operating before the facility is allowed to accept larger amounts of waste. Robert Gehler, Attorney, came forward to represent Weld County Disposal. Inc. Tom Cope, of Total Engineering Services, submitted photos taken Monday showing that the freeboard level is being properly maintained. He said compaction tests showed that the new liner in Ponds C and D has been properly constructed. Mr. Cope also spoke about the aeration system proposed for this facility. He said it should be operational within 30 days of approval of the plan. Gary Kennedy, operations manager of the facility, said that most of the road graveling has been completed. No public testimony was offered concerning this matter. Mr. Cebler asked for a clarification of the items to be completed if this hearing is continued. Mr. Oehler agreed that the letters of understanding will continue in effect during a continuation. Mr. Morrison said that an aerator system needs to be installed, or a plan for evaporative measures acceptable to the Weld County Health Department needs to be submitted; the graveling needs to be completed; and there needs to be confirmation of the freeboard level and the results of compaction tests. Commissioner Lacy stated that. if the erosion .control measures have not been completed. there needs to be a plan for• erosion control from the appropriate soil conservation district. After further discussion, Commissioner Lacy moved to continue this bearing to May 10, 1989, at 10:00 a.m. Commissioner Brantner seconded the motion, and it carried unanimously. • 890276 • -P.G OW 890429 • • • • Page 2 RE: SHOW CAUSE — WELD COUNTY DISPOSAL, INC. This Certification was approved on the 27th day of March, 1989. APPROVED: �� BOARD OF COUNTY 'COMMISSIONERS ATTEST: ‘727 eldvAA nJ WELD COUNTY, COLO�tADO Weld County C rk and Recorder /ter and Clerk to the Boar C.W. Kirby, h an eputy County Cle a.que ,.e J.h son, Pro—Tem EXCUSED DATE OF APPROVAL Gene R. Brantner George Kenn G o • • TAPE 089-11 DOCKET #88-48 PL0447 • • 890276 'Qs29 890429 41 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MARCH 22, 1989 DOCKET # 88-48 SHOW CAUSE-HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # 89-10 REPLAT OF PUD PLASN, FIRST FILING OF BEEBE DRAW FARMS & EQUESTRIAN CENTER- MORRIS BURK DOCKET # 89-11 PUD PLAN, FIRST FILING - DEL CAMINO CENTER PARTNERSHIP �NAME ADDRESS HEAPING ATTENDING,1 SA-eVC 1 T hrti:0 L ml .)I-.5' ,36.r DOM wN o&ec, eDfrekedi /r a.,k` f?'o i TT £4' c.!t 3n 1 �avnPht ,}--rtT �e 4 Tn i \ [,t. \n . 14,4,44, L 4-L ,.o tl rkcq a►rl? ga415 &Dee 's ' aeon= , Aaua goxoz griaS7 aZRw INDMAS ES.K I 55 LA&If1Ef, IOENVet 2oLot BEGI5 Dg,.w G2a.Y AcN Y s o /9 ad 35-Fr l wflvn✓ iro 6 a / ,Q, ,a,, ei vsa 6/4, iLota evil to, at4 e9 " JG �` /e/w) 1 c n 11,3 Lezc 8t" r �r� `tr a1. 3 stej. roro-- ,1 -1-1.-dq141)2-ele /0o9 ill P1'CC .Std fOe/G_:wr a-- i acet�. a �: . P�o� _ `• �( ,LA g �� TIC cd , ,, Gri •L �s 5904'x9 • • DATE: March 22. 1989 CASE NUMBER: ZCR-34 NAME: Howard Duckworth, c/o Weld County Disposal ADDRESS: 7551 Cullagan Road, #100 San Antonio, TX 78229-2861 LEGAL: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M.. Weld County. Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. ' Staff members from the Department of Planning Services, and the Weld County - Health Department have inspected the property and determined that concerns about compliance with standards for SDP-454 exist with the facility. The . Department of Planning Services' staff request that this show cause hearing be continued for no more than 45 days to allow the operators of Weld County Disposal time to complete repairs, modifications, and to bring the property into compliance with all development standards. The Staff would also request that the aeration system be installed and operational on Lagoon D with in that time. ern/2,4o re.r.. 893429 • • • INSPECTION REPORT NAME: Weld County Disposal LEGAL DESCRIPTION OP PROPERTY: Part of the NW} NWI of Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado DATE: March 15, 1989 CASE NUMBER: ZCH-34 The property was inspected to determine if the property is in compliance with Amended Special Use Permit #454. Standards #2, 3, and 4 appear to not be in compliance at this time. Standard #2 indicates that all interior roads are to be graveled. All interior roads are not graveled. Standard #3 indicates that the property is to be maintained in such a manner as to prevent soil erosion. Areas have been stripped of vegetation and left bare. Standard #4 indicates that the property is to be maintained in compliance with the Weld County Health Department. The pond levels exceed the minimum 3 foot of free board. At this time, the aeration system has not been reinstalled on pond D. It appears that its placement along the edge of the berm with its pipes resting on the bottom of the lagoon, could compromise the integrity of the berm liner. '`, 1 (Cif A SChue teed/ Current Planner 890429 ( ;• • FEB 7 1989 RESOLUTION ea to. moo!bane* RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 1st day of February, 1989, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Sepcial Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to allow sufficient time to complete the dike repairs and modifications, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to March 22, 1989, at 9:00 a.m. , subject to the following conditions: 1) At all times the freeboard shall be maintained as provided in the original permit; 2) A maximum of 800 barrels of liquid average per day shall be accepted into the facility; and 3) There shall be no reduction in freeboard in Pond C from its present level, so the level in this pond stays low enough to complete the repairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to March 22, 1989, at or about 9:0.0 a.m. , subject to the above listed conditions. 890131 • �,;•0-:•-/ / `r :/% ,•f T-4•C J rel..'4+:4.. 890429 L. 1�'� v • fet mEmoRAIMUm- ��/�� Keith Schuett/Planning March 21, 1484 ® To On N(] Wes Potter, Environmental Protection 4460 COLORADO .�rro Weld County Disposal Inc. Show Cause Nearing SubMit The staff has inspected the • Weld County Disposal Facility on March 20, 1989. The following items Ire listed as areas of concern. 1. The Pond levels still are high enough on the berms that there is a question as to whether they have the required 3 feet of freeboard above the water line. Pond C (The Northern Pond) has one point on the east side which appears to have 31 inches of freeboard. Pond D has one point on the South side of the Pond which appears to have 32.5 inches of freeboard. • 2. It was the understanding of the staff that the operator of the facility would have the spray/aeration system operating before the next show• cause hearing so that they would be able to increase the total liquid amounts received by the facilility. The existing pond levels and the absence of an aeration system leads the staff to recommend that. the facility. not be allowed to recieve any amount in excess of that presently being dumped at ' the site. 3. As of 2 PM on 3/21/89, the division has not received any report from the e'ngineer who rs doing the evaluation on the berm repair work at the facility. It was the understanding of the staff that the report mould be submitted prior to the hearing so the the staff could evaluate the report and make a recommendation to the Board at the hearing. Because of the above stated concerns, the staff is not able to make a recommendation to drop the legal action pending in this case and requests that the owner/operator be required to respond to the problems as noted. • . I 890429 S .� • . iTotal Engineering Service r ,r ;^� e Al4415 W.• 9th Street Greeley':CO 80634 , - (303) 351-0744�Lr. , y i. � y4 w.n^.�i�b�•�r7iwrvr�"` 5 i^" :' Kr w, .: March 20, 1989 r teR �x''.t.,C, -'0',V,,',/ 1" ..,�, rt '4+t ^✓ wE�d rvA al1r "L9wi > \nH w" ti.'v`.� wr'',, .J 4. h+ :r',., '',.ti! i w I L w �r � , '� Mr. Keith Schuett Weld County -F-,u �.}�rr ' x` r _ Planning Department ;, ` �j x "J 915 i0th street `-- if , y. e:' — Greele CO 80631 ' , ; " 'a " ,, r I Jr 1P ♦R iS. .r"... Re: Weld County Disposal .,,,,,,,.....,0,..‘„‘,/,:•.hrva r Dear Keith: This letter is being provided to inform the County ofQthe completion of, the raisiraising of Pond 0 the reshaping of Pond C and "provide evidence that the - -, ' ,-.,.,- ng a.NN+..,,r.+..,4$.anw.ep.., I f^ • f:. above-referenced project is nova in compliance with the written concerns ,. , k: that required the show-cause hearing „ iwµ w�, r r44.4e` '- - ,.., :77.-:: ' a •.M M/1R 1 !'V"Rt . ,...:,I,:. The berm to Pond D has been raised the additional four feet(4) as permitted . by Weld County. The liner placed in Pond D was placed infaccordonce to the specifications end passed compaction tests as tested by Empire ' •-`: , Laboratories, Inc.. Pond C hes been reshaped and additional pond liner material was placed along the reshaped slope,inaccordance,to the specifications and passed compaction tests as tested by Empire Laboratories, Inc.. I have enclosed a copy of these test results for your records. r ., The construction hos resolved the concerns the County had With the lack of proper freeboard es well as erosion along the interior slope. Based on a field inspection conducted today, the berms to both ponds appear.stable and adequate for full operation to maintain a three foot freeboard liquid level."- The water level was approximately three inches 3 ) below the concrete . cylinder that was surveyed to represent the required three°foot freeboard from the lowest point on the berm. 915 arqf n rw .� R 7. r . .4' •+�,��ta°d 2 '{ X9. . .1/4,..;:.;,,,r,(.;'-:..-,--.,;(1',.-} - K 1 kJ 'a \v li.:'.•M+-..%*""vn'c vy.• %-x- • ,,---;.,:;$,, i . `,and ACc Pla®4 Ea SSI ova "'r :*.. • •• - . ' a` f' "'t,M'�,F,.,';'r^5,;;k\,' ' A `%7?;.'Jr,`t** R, f``N`` ` ,�p�,r f,Na rrliti` rq•r r�eM r,:: y • :r?..v r 1 .y.. _is-, ni-SrnV"1 ;^" r71 e, `k"�!M?t ♦ M Rh•ic1 `c,7,4�:�ti z • Total Engineering Service e 4415 W. 9th Street Greeley, CO 80634 w (303) 351-8744 Mr. Keith Schuett March 20, 1989 Page Two Total Engineering Service installed the following items to assist in the • monitoring of the facility: • 1) A rebar was placed in the berm at the same elevation of the low • point on the berm, therefore this rebar was set at an elevation equivalent to the freeboard equalling zero (FS = 0.0'). A cross section of the berm slope was field surveyed. Please find enclosed a chart for each pond which equates the horizontal distance from the rebar to the water surface to an actual Freeboard depth. Therefore, a county health specialist or the site operator can measure the horizontal distance from the rebar to the water surface end determine the amount of freeboard from the charts provided. 2) A concrete cyinder block was set in both ponds at the three foot freeboard depth, therefore any casual observer can quickly determine if the liquids are within the freeboard levels required. The measuring devices that were approved by the County and installed last year have been up-righted and appear to be working property. During the summer months the approved measuring devices and temporary measuring devices installed recently will allow the County Health Department to accurately measure the level of water in the ponds. A mass balance of the • liquids can be properly determined. The owner of the facility still intends to install new measuring devices that will work during the winter months. The approved measuring devices were adequate last summer, however were found to be inadequate when ice formed on the ponds. I have recommended the installation of a slant gauge in both ponds. This device will allow the measurement of the water level in the ponds during summer and winter months. Slant gauges should not be installed into the ponds until the water level is at the lowest point, generally late summer. installing the slant gauge when the water level is low will allow a more accurate installation as well as a safer installation for the installer. Plans and specifications will be submitted for approval to Weld County Health Department and the Department of Planning Services prior to installation. 8__. 90_`/ S- • • Total Engineering Service ,'"'s“C AlL 4415 W. 9th Street ••} " . + Greeley, CO 80634 x !4 (303) 351-8744 ,S Mr. Keith Schuett March 20, 1989 Page Three ' It is our hope that this letter will assure the County that the owner is committed to this facility and is working in good faith with the County. Sincerely, Otitill WINO r • TOTAL ENGINEERING SERVICE �aaQI.4p RestEGj1,40 • s. aQOv•el,„otAa ra clizienba �F�4� 5 r Tom Cope, P.E. ''o; 3 :4; cc: Wes Potter, Weld County Health Department ��%,,,,!�bA�l« , . , • Howard Duckworth, Owne •r' ; c,r her^, Gary Kennedy, Operator x _ 1,14 . }itI File *88-128 ; 4w• k �� ,.0?°�-�� an M,r : ^rsar�R ,A JA • WELD COUNTY DISPOSAL DISTANCE- FREEBOARD MEASUREMENTS POND C HORIZONTAL DISTANCE ELEVATION FREEBOARD COMMENTS (FEET) (FEET) (FEET) 0.00 95.00 0.00 Lose point on berm 1.48 94.50 0.50 2.96 94.00 1.00 4.72 93.50 1.50 7.12 93.00 2.00 9.52 92.50 2.50 11.92 92.00 3.00 RequiredFreeboard-blockset 12.40 91.90 3.10 • 12.88 91.80 3.20 13.36 91.70 3.30 13.86 91.60 3.40 14.37 91.50 350 14.89 91.40 3.60 15.40 91.30 3.70 15.91 91.20 3.80 • 16.43 91.10- 3.90 16.94 91.00 4.00 17.46 90.90 4.10 17.97 90.80 � 4.20 18.49 90.70 4.30 19.00 90.60 4.40 19.51 90.50 4.50 20.03 90.40 4.60 20.54 90.30 4.70 Elevation 90.25 yes last elev. 21.06 90.20 4.80 safelg surveyed on3/13/89 21.57 90.10 4.90 22.09 90.00 5,00 890429 ~ • • ak • WELD COUNTY DISPOSAL DISTANCE - FREEBOARD MEASUREMENTS POND D HORIZONTAL DISTANCE ELEVATION FREEBOARD - COMMENTS (FEET) (FEET) (FEET) 0.00 91.90 0.00 Low point on berm 2.14 91.40 0.50 4.29 90.90 1.00 6.28 90.40 1.50 7.66 89.90 2.00 9.03 89.40 2.50 10.53 88.90 3.00 Required Freeboard-block set 10.88 88.80 3.10 11.24 88.70 320 11.59 88.60 3.30 11.94 8850 3.40 12.29 88.40 3.50 12.65 88.30 3.60 13.00 88.20 3.70 13.29 88.10 3.80 13.57 88.00 3.90 . 13.86 87.90 4.00 14.14 87.80 4.10 14.43 87.70 4.20 14.71 87.60 4.30 15.00 87.50 4.40 .15.33 87.40 4.50 15.67 87.30 4.60 16.00 87.20 4.70 16.33 87.10 4.80 16.67 87.00 4.90 17.00 86.90 5.00 17.33 86.80 5.10 . 17.67 86.70 5.20 18.00 86.60 •5.30 18.33 86.50 5.40 18.67 86.40 5.50 19.00 86.30 5.60 19.33 86.20 5.70 19.67 86.10 5.80 20.00 86.00 5.90 Elevation 87.5 was last etev. safely surveyed on 3/1/89 890429 • ik,Empire Laboratories, Inc. nPOMTEOPFlCE Pa eo,507.003).e.G7a0 GEOTECHNICAL ENGINEERING&MATERIALS TESTING 301 Na Hon*.Pon tcu,KCoin*80522 March• 15, 1989 Weld County Waste Disposal Inc. 7557. Callaghan Drive, Suite 100 San Antonio, TX 78229 Re: Lagoon "C" Ft. Lupton, Colorado ELI Project #1474-L Gentlemen: Please find enclosed field density test results obtained from fill material being placed at the above-referenced project. The field density test results, obtained with a Troxler Nuclear Moisture Density Gauge in accordance with ASTM proce- dures are included on page two, along with the laboratory curve data developed for the material being placed. Very truly yours, EMPIRE 0 TES, INC. Edward J. Peas. P.E. Longmont Branch Manager Colorado Registration #15776 / cc: Total Engineering Services / /Pjk :14,0(t v sos.4ra *� enlla,a+ne.. 89®429 PLO.sow teeso P.O.lo.1175 PO.OOn1TM PO.Box 3659 /= 019)C010.008 5Paa0A CO 80930 tonpnonk CO 80002 O,w1N,GO e0872 Owns*,WV 82003 y 1n 1T1�a97.2110 (1031770.392/ gOt 3514480 1707).5324224 i MomOnt Consulting Engin..gCounoY A - z 8 Cl) . • - - - . W 6 IA''p a a P P an a us a H 3 ^ Oi Ci • tV w p.. n I ' Y g e CVV ` H 4 b C fL Y) U) rppf.� b O (y, a yi laa: O O) O Q o c C ! t A i - , - . q d o O to i. tO N O o rA CA Y a� N N Cr) N ^ M N -r+ aI a - - , t'-4 _ gg M tO a n. N d 0- O C GL '3 OD . to O A i O. ,J J en z 6 H O Y W 1 c3 r� o •a o o a o c'7 •= 0 4 O d O O O Pri aw p WO YS a a' to w� a) F ° - z o d Hi " 05 p A 7 3 s w 0.4 41 ti ff c z z ra vi fo S 0Eis c d 0 O 0 c . < M 6 ` V• ) toJ 3c o � a 8- a s 8 0 8 L4 a 0 w N^ N " *3 C -og`4' Epg N2 lb lb t, 8t� pO t.> O C,J0 W m V " xtO 0 In N N C tT c iT C 0I c p $' $ aOaO ,o ,y la 4 fit$ (6'a Z g • .S- 44 44 0' ae^ 01 s� Q1 •M £ '- a. N CI d Mb- /.34— C t}. sobs.w . ,g X m C3.— cc CG CC -- O.— O 0.— O W i 1t_Jgg m a - — - V )5 Z —' Try cri as ^ „Iii, )% Sy as C CO at as . W co . co . p� C • •n 6 M .— te)— t`7 . — - M 't q o V ` .- O O m i 0 a :• X c t"T 0t. to to A co a 890429 •• • Empire Laboratories, Inc. CORPORATl Office •.0. OEOTECMNICAL ENGINEERING d MATERIALS TESTINGNay •003) 0 30100•NaNp MpYM�fpl Cat C610n6o60622 December 7, 1988 Total Engineering Services 4415 W. 9th Street Greeley, CO 80634 Re; Lagoon "D" Ft. Lupton, Colorado ELI Project #1474-L Gentlemen: Please find enclosed field density test results obtained from backfill material being placed at the above-referenced project. The field density test results, obtained with a Troxler Nuclear Moisture Density Gauge in accordance with ASTM proce- dures are included on page two. The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" is included on page three. Very truly yours, EMPIRE LABORATORIES, INC. C(1.04•44:(. . 9cte, Edward J. Peas, P.E. Longmont Branch Manager Colorado Registration #15776 cc: Weld County Waste Disposal, Inc. /Pjk ..PeO4Aro 4�4'.n Snn6A GMo.. N P.Q Lon 16650 PO,Ru 1135 PO 6'W 1744 P,O Doi 5650 \ t,J= COW*380•04.CO 50025 1.04.34•3•).CO80502 OrasyCO80032 CIr>'nne WY02003 n (303)607.2176 (303)7762021. (303)3514460 no716324224 ��. _ Motet of ConwIttg:EnronCN1dl X39®429 allinallil• E . - z O E • x a co - . W 8 z F Is a IA La: o o rn a a a � yqg W 1 N N OD M If" Cc K w a . E ry x r � o f o, a �+ v o v g F E F•1 v D W Z 1c4 v 0 r, u, w IC C W Cr c. &° O O O `S O C ^ A 7 . A Ia e a n; I4 W x 80 vO ^ CO . M_ u1 b M, N a W M �..I a R� r •_ a N w . r O r ` Oa 1% - G . I a d cz1 C i O 8 a. O -6 O. 1. )n N it, M ff. m . ^ ^Z�I FFFWLLL E tlp ci 0 W ^ t3 O O O O O O 4 d C Qn � � w� O O O O O O O d p 442 r >1 FI= zz 6 A F Rt W Z a c C C z C a C rr o m m Vi. m SI Q V. w y r a cliZ a a a 1:C TA ti C �in o? S.. L L O t Qi ). S 0 :c(:) 3 L 0 L a ...]] O O O "tE O V C ro U M .� r- gw^ w Ew V V W F+ °� 5V+ G o . V- L 6 W GW 'H W p QQ X • O O u) O 6) • W • W O2 - al o ,Q p8 L CO L A2 OV)d L. to Q IY p $(J g - ds on V... a y. a ya '. I.L. I4 v w w•._ ^ Y. O C O COO N Co,O 04 C O O W � � fc F� U a L.a La . MM MI. VY■ XS-a. N • w cg � C4 aQ C V C V C N id a.) 4) C rC C• V c • N ^ y xNO O O 0 H � M O 0 O m L S • O Qt C j. 2 RRN V' O)2 OUW 0)y'Q 17.1 iiiM N ao)O 0OtW 0010 w PC Wa O A 2 2 2 2 2 ' 2 ' 2: 2 : 2 its. l�. ,- 7 A a 0', Cl ON ` O 0 4 (OO O O0.1 ' C C M A 0 -• -. -\ — r.. ` t`7 .. O a ` X d 24 A o y a to - aB Q •c : 6 .- N M a in W I••• op co • 1014*Ib d 0 a 7.; e-z XOft _ it it it 890429 • Lagoon "D" MOISTURE DENSITY CURVE #1 LOCATION OF SAMPL • On-Site Material Sandy Silty Clay TEST PROCEDURE: ASTM D j9R..7R "A" MAXIMUM DRY DENSITY: 112.2 PCF OPTIMUM MOISTURE: 14.8% 11t 2.4,or r 11f O } 10E O • es/ ' I • 10 12 14 16 • PER CENT MOISTURE • 890429 EMPIRE LABORATORIES, INC. RESOLUTION RE: APPROVE CONTINUANCE OF SHOW_CAUSE HEARING - HOWARD DUCXWORTH, DBA WELD COUNTY DISPOSAL. INC. 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 :cf: administering the affairs of Weld County, Colorado, and • WHEREAS, the Board, of> .County Commissioners held a public hearing on the lst day of February, 1989, at,.thee hour, of,9:00 a.m. in the., Chambers. "of the Board for the purpose of considering the revocation of Sepc i:al TUsey' Permit 0454, granted to`;: Howard Duckworth, dba Weld CountyDisposal, Inc. , and WHEREAS, the Department of Planning ` Services staff recommended that said hearing be continued to allow-sufficient time to complete the dike repairs and modifications, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to March 22, 1989, at 9:00 a.m. , subject to the following conditions: 1) At all times the freeboard shall be maintained as provided in the original permit; 2) A maximum of 800 barrels of liquid average per day shall be accepted into the facility; and 3) There shall be no reduction in freeboard in' Pond C. from its present level, so the level in this pond stays low enough to complete the repairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit 4454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to March 22, 1989, at or about 9:00 a.m. , subject to the above listed conditions. 890131 /'wV1. `/ •/2, !X ,/y;vc.c/ e ,tie/an i— �! `4 890423 s • ATTENDANCE RECORD • PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 1, 1989 DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET Y 89-3 USR-AIRSTRIP IN THE AGRICULTURAL ZONE DISTRICT - STEVE AND JEANIE BENSON DOCKET # 89-4 USR-AGRICULTURAL SERVICE ESTABLISHMENT (FERTILIZER STORAGE, MIXING, BLENDING, 6 SALES FACILITY) IN THE A ZONE DISTRICT - PARK FLORAK COMPANY NAME ADDRESS HEARING ATTENDING VOA, I0 /y-A6, UWrrP _79 <,. 6W 1 C'/Aexao 890429 • RESOLUTION RE: APPROVE CONTINUANCE OF :SHOW :CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board- ofi,County Commissioners held a public hearing on the 1st day of February, 1989, at thehour of 9:00 a.m. in the., Chambers -6± -the Board for the purpose of considering the revocation of _..Sepcial . *Use. Permit 0454, -granted .to- Howard Duckworth, dba Weld County, Disposal, Inc. , and WHEREAS, the Department of Planning,__ ; Services staff recommended, that said hearing be continued to :allow ' sufficient time to complete the dike repairs and modifications, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to March 22, 1989, at 9:00 a.m. , subject to the following conditions: 1) At all times the freeboard shall be maintained as provided in the original permit; 2) A maximum of 800 barrels of liquid average per day shall be accepted into the facility; and 3) There shall be no reduction in freeboard in' Pond C from its present level, so the level in this pond stays low enough to complete the repairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to March 22, 1989, at or about 9:00 a.m. , subject to the above listed conditions. 890131 • 0./.4// %! ! cat-4M •,;,tom it a..0 .").i9?2 44 ! .., 890429 EINSSIMMilaat a a Pace 2 RE: CONTINUE SHOW CAUSE HEARING The above and foregoing Resolution was, on motion duly. made and seconded, adopted' .by the .following vote ;on *the 1st 'day of February, A.D. , 1989. /� / �( BOARD OF COUNTY COMMISSIONERS ATTEST: / 1L CAA Tc WELD COUNTY, COLORADO Weld County . Jerk and Recorder 4v�':�✓ J and Clerk to the Board C.W. Xir y;" C irman BY-:---jr..-,.y ur,1 i kt.y M/ a ee J ;son, Pro-Tem . Deputy County clerk cz ie t' APPROVED AS TO FORM: ten • . 7ltrantne �� George Kennedy , -2 • County ttorney . EXCUSED ' :.Gordon::E:--Lacy • 890131 es1� c: 890429 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 1, 1989 DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # 89-3 USR-AIRSTRIP IN THE AGRICULTURAL ZONE DISTRICT - STEVE AND JEANIE BENSON DOCKET # 89-4 USR-AGRICULTURAL SERVICE ESTABLISHMENT (FERTILIZER STORAGE, MIXING, BLENDING, & SALES FACILITY) IN THE A ZONE DISTRICT - PARK FLORAE COMPANY NAME ADDRESS HEARING ATTENDING / r1��'. �t•:2✓ r .- .7:?.3 irtt 4'! O,/ l-rG-•-�.. .�.. .. r.•. ti 6c0 Jfl?Aeg d 890429 DATE: February 1, 1989 CASE DUMPER: 2CR-34 NAME: Howard Duckworth. c/o Weld County Disposal ADDRESS: 7551 Cullagan Road. #100 San Antonio, TX 78229-2861 LEGAL: Part of the NWI NWI of Section 12, T1N, R66W of the 6th P.M., Weld County. Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. • The Department of Planning Services' staff request that this show cause hearing be continued to allow the operators of Weld County Disposal sufficient time to complete the dike repairs and modifications. • 890429 • s HEARING CERTIFICATION DOCKET NO. 88-48 RE: REARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 - WELD COUNTY DISPOSAL. INC. A public hearing was conducted on February 1, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee Morrison Planning Department representative,Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider the revocation of Special Use Permt #454, which was issued to Weld County Disposal. Inc. , c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison said this hearing was continued from November 16, 1988, to allow the applicant sufficient time to complete the dike repairs and modifications. Keith Schuett, representing the Department of Planning Services, said the staff's recommendation is to continue this matter because the repairs have not been completed at this time. He said the staff does have concerns as to the operator's ability to maintain compliance. Wes Potter. representing the Health Department, said the operator did not complete the repairs before the frost set into the ground. He said he feels it will be another 90 days before the frost will lift sufficiently for all the repairs to be completed. Mr. Potter requested that the Board maintain the restriction concerning the amount of materials which they are allowed to receive at the facility. Tom Cope, of Total Engineering Service, representing Weld County Disposal, Inc., made his presentation to the Board. Gary Kennedy, site manager of the facility, came forward to answer questions of the Board. After discussion, Commissioner Johnson moved to continue this hearing to March 22, at 9:00 a.m. , subject to the following conditions: 1) that at all times the freeboard be maintained as provided in the original permit; 2) that a maximum of 800 barrels of liquid average per day be accepted into the facility; and 3) that there be no reduction in freeboard in Pond C from where it is now, so the level in this pond stays low enough to complete the repairs. Commissioner Brantner seconded the motion and, after further discussion. it carried unanimously. This Certification was approved on the 6th day of February, 1989. APPROVED: n,`', 0 BOARD OF COUNTY COMMISSIONERS ATTEST: ' r �"`� WELD COUNTY, COLORADO Weld County C erk and Recorder C i te, and Clerk to the Boar C.W. Kirby, Chal •-an Bye-. - '2J )L CC -gL%rl D puty County Clerk a•qu i John.o Pro-Tem Gene R. Brantner George Kennedy TAPE #89-5 DOCKET #88-48 EXCUSED PL0447 Gordon E. Lacy 620429 i 2/ .-A;,: :_ :. 890131 ;.4 Ail Ww 0 RESOLUTION RE: APPROVE CONTINUANCE OF SHOW,CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public • hearing on the 16th day of November, 1988, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit 0454,, granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Planning staff recommended that said hearing be continued to allow sufficient time to complete the dike repairs and modifications, and WHEREAS, the Board deemed it advisable to continue said hearing to February 1, 1989. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to February 1,1989, at or about 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D. , 1988. ^ 4 (-f BOARD OF COUNTY COMMISSIONERS ATTEST: 1 ' v 11ti j�,J ,WELD LINTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman /O5.e BYE CYX-ru_j C.W., Kit y, pro-Tem eputy County erk 1xttys� APPROVED AS TO FORM: a qua Tae son • C in County Attorney f�� !!i�+1�j Frank Yamaguchi • .. / .:.:. 881103 t $90429 ! Ak HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on November 16, 1988, at 9:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro—Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee,D. Morrison Planning Department representdtive, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454. issued to Weld County Disposal. Inc. c/o Howard Duckworth. Keith Schuett, Planning Department representative, said that this bearing was continued from September 14 to allow time for certain work to be completed to bring this facility into compliance. Mr. Schuett said the Planning staff recommends continuance of this hearing to allow sufficient time to complete dike repairs and modifications. Tom Cope, of Total Engineering, explained the work that has been done and stated it will require at least thirty working days to complete this project, with weather considerations this could require sixty calendar days. Mr. Cope assured the Board that the facility's intake will continue to be restricted until the project is completed. No public comment was made concerning this matter. Commissioner Lacy moved to continue this bearing to February 1, 1989, at 9:00 A.M. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 21st day of November, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: wv� 1LG C xJ WELD , COLORADO Weld County Cl rk and Recorder L and Clerk to the Boa ene R. Brantne , Chairman Deputy County C k C.W. Kirby, Pro-T Ta que n Gores 7 T• y r /� v!/l6IGw.� Frank Yamaguchi TAPE #88-57 DOCKET #88-48 PL0447 881103 890429 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Do et # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: NOVER 16, 1988 DOCKET # 88-48 SHOW CAUSE, DUCKWORTH (9:00 A.M.) DOCKET # 88-65 USR-AGRICULTURAL SERVICE ESTABLISHMENT IN A ZONE DISTRICT - DREILING DOCKET # 88-69 SERVICE PLAN-JOHNSTOWN-MILLIKEN PARKS & RECREATION DISTRICT DOCKET # 88-27 ASSESSMENT OF COSTS-NORTHMOOR LOCAL IMPROVEMENT DISTRICT DOCKET # 88-68 USR-OXL & GAS SUPPORT FACILITY IN A ZONE DISTRICT-WINDSOR GAS PROCESSING NAME ADDRESS HEARING ATTENDING Car ` YOs4- Ioi„..10W•1 Co 41 92-4 7 ja 11e C 4,Re If Je ‘,4911 ic..tt YC il 19 -4 y /41Or0e S'P4 de, / 0vP/And Co /t tp 9 --L 1 L' newc4ta _ 917/3)404:e a 6,-,4,(O -s- - b7 . °a'' d. A c.„. .f?Sp,2., ��9 „e &Gvck r- a/, pV Re- 6 9 ) //lY•1 ob 4.„..../..... a.,.. u7.'.rta/IiFL ite7t.• -n, .�/r fl -6 9 , l J�lirl /�1��,id./ '�/ )1,Lai(4„ 1(1 -1,f re 4 114 t-;) ' 7? 73.-Arr t (420/1. LoUL Z4n/[l mi z' fj9-t '1' w r'm :. « i /770 r i in. r4. 731 Ae 791.9 /Mg/keel? S Sl r d.-4 9 ela i- n/ /-1. , w r e. tit, P o 4 e x s a k fr o o�ny/, !o w t,e..-hi .5-43/- L i 9kk1f1201 2}U..Jr %OCE It,/ki �-' �e/'� 6,}-PP��id-cmil,rt�S' in s 0"&C Jo ES.M1 1St S', [ }4.w eerierDc, . e is- -64,..P2T..IJ Ca C, m rs-" I /-A2//l v 171.0/zv e&410€ p Odd 6,&d ecl F.i4//,ivs cob, fl- GSA 1UiJJLits CrAMM /L /p'? b' "c 'we_pi,/c4oc✓w/oIr YS-G, q PQ ZCw -, '0C.a -7 Q w.�laga is -1 1, & (ye - c3 ' 5 , fen / 1 ' , i 6 t7 1 $A eze t ft.A727.15/ j•,70-t. Scow RI, . is- 67.7_4144 Afrilizii_ ,./7,,-,,vet get, 4_,,,iftQI t..,,..ct iPihl 3 /va? a ein^ ss4nu,r.J # c,'8- (0 7 890429 0 • DATE: November 16, 1988 CASE NUMBER: ZCH-34 NAME: Howard Duckworth, c/o Weld County Disposal ADDRESS: 7551 Cullagan Road, 9100 San Antonio, TX 78229-2861 LEGAL: Part of the WWI NW* of Section 12. T1N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. The Department of Planning Services' staff request that this show cause hearing be continued to allow Weld County' Disposal sufficient time to complete the dike repairs and modifications. 881103 590429 ___ S • RESOLUTION RE: APPROVE CONTINUANCE OF..SHOW:CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. WHEREAS, the Board'. of- County' iCommissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld .County: Rome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing,on .,the :14th :day of;,September.,:, 19.8.8,. at,:the hour of. 9:00 a.m. in the Chambers of. the Board for the purpose of considering the revocation o# Special.. Use Permit #454, granted to Howard Duckworth, dba Weld ",County, Disposal, Inc. , on the following described parcel of land: Part of. the NW} NW} ,of Section 12, Township 1 North, Range 66 -West' of the 6th P.M. ,:. Weld County, Colorado WHEREAS, the Board deemed it, advisable,..to-- continue said hearing to November 16, 1988, to allow' .additional time for the site to come into compliance, and WHEREAS, the Board determined that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level, and WHEREAS, the Board deemed it advisable that the Health Department shall monitor the site twice a week during this period, and WHEREAS, the Board deemed it advisable that it be notified when an engineer's report is submitted concerning this site. • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to November 16, 1988, at or about 9:00 A.M. BE IT FURTHER RESOLVED by the Board that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level. BE IT FURTHER RESOLVED by the Board that the Weld County • Health Department be, and hereby is, directed to monitor the site twice a week during said continuance. 74 03'4 1J GI�J Y'�.nr�/ r 880904 ! Gfl %Jltdam t� �.,., ��.�. C-:�, /890429 • 0 0 • Page 2 RE: CONTINUE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL BE IT FURTHER RESOLVED by the Board that it shall be notified when an engineer's report concerning.':thisV site is .submitted. ' The above and foregoing Resolution was, on motion duly made and seconded, adopted,-'by the -following' vote:.-on the 14th- day of September, A.D. , 1988. ` .,� . �) BOARD OF COUNTY COMMISSIONERS ATTEST: T1 WELD UNTY, COLORADO if Weld County Clerk and Recorder ' • Aerie `7t..''' and Clerk to the Board Gene SR: Btantne ,. C� . ('BY: r�;..l,L(a , t /�„ et ,;::./ C. 11rby, P. '-Tem eputy County Clerk APPROVED AS TO FORM:- L > slat son //fir County Attorney j, Frank ramagtzchi • . .88.0904 �=:a1.::c 890429 HEARING'CERTIFICATION DOCKET NO. 88-48 RE: HEARINC TO SHOW CAUSE 'PDX 'REVOCATION OP SPECIAL USE PERMIT 11454 ISSUED TO WELD COUNTY DISPOSAL. INC. A public hearing was conducted on September 14, 1988. at 9:00 A.M., with the following. present: Commissioner Gene Brantner, Chairman Commissioner.C.W. Kirby .Pro-Tem Commissioner, Jacqueline Johnson Comm idsioneDGotdon E. Lacy Commissioner Prank':Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuette Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, 'issued to Weld County Disposal,' ' Inc., c/o Howard Duckworth.. Keith Schuett, representing the Planning Department, stated that this hearing was continued from August 17 to allow additional time for the site to be brought into compliance. He said that a September 12 inspection revealed that one pond, which is not currently being uded, is not in compliance. Wes Potter, Health Department representative. estimated that it could take 30 to 60 days for this pond to come into compliance. Gary Kennedy, site manager for Weld County Disposal, explained that natural evaporation is occuring in the pond which is out of compliance, and they will have an engineer out to drill test holes when enough evaporation has occurred. Re made further explanations concerning the processes followed at this oil field fluids recycling and disposal site. Mary Trostel, an adjacent landowner. came forward to make comments and ask questions concerning this operation. She submitted photographs into the record. Mr. Potter. Mr. Kennedy and Mr. Schuett responded to her questions and comments. Mr. Kennedy agreed to accept only fluids from Amoco until after the necessary tests have been completed. After considerable discussion, Commissioner Lacy moved to continue this bearing to November 16, at 9:00 A.M., that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level, that the site shall be monitored twice a week by the Health Department, and that the Board shall be notified when an engineer's report is submitted. Seconded by Commissioner Yamaguchi. the motion carried unanimously. 880904 9 .t.©VIr7 e 7.' " r1- ₹90429 �..e1 '•2''.aL! Page 2 REARING CERTIFICATION - WELD COUNTY DISPOSAL SHOW CAUSE This Certification was approved .on. :.he-'19tbr day of September. 1988. APPROVED: n BOARD OFCOUNTY+"COM4ISSIONERS ATTEST: I' tiq` .WEL , ,COLORADO Weld County C rk and Recorder tie and Clerk to the Boa ene R. Brsntner. Chairman putt' County Cle k C. ir• , Pro- em Ja que � J -on G• ft La ' 1 Frank/Ysmagucbi:. TAPE #88-43 DOCKET #88-48 PL0447 ' , • 880904 890429 i • ATTENDANCE RECORD • PLEASE write or print legibly your name, address and the name of the atJplicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M.) DOCKET 4 88-53 USR-AGRICULTURAL SERVICE ESTABLISR"fENT - KEITH R. & SHARON L. BURMAN DOCKET # 88-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY & PATRICIA SHUTTS DOCKET # 88-51 USR-RETAIL & WHOLESALE LUMBER BUSINESS, ETC. - NORTHER PRIMING & PRESTAIN, INC. N ADDRESS HEARIEG ATTENDING e ( a� I lit!A4, LetCR 1t � l bUt -d ?DOI4 rs CALc.c lkWC. /e a irk ft t • once1 N,P Ps, � 1 J✓ .. IA 6-6 VV 1/e.....:.cy NFp c i,-, nt aZO Nwt2l 3 en t if.1 foes 1 Ai. 1 •? III Ili N 5 (/_ • 33 dJ , &a ea &,4 & . is 'lift, }4 416 442. '.S7 A.4112 it Opel a VC/,.2 s &C/_ r slat /bac P,i,»�/ 4,, s de ✓ , i c4-6- 5 r/ _A.. l- Al/9- orSf )1aAA22.1 e . \1 ,., , 1117- II'll sT (9b,&z .anti ! vZ - ,r !r .ms. awl m. r,�o.�-, i.ar `l/S „cm e g,.u; 'Y i , 41 s snit' nil R Matti/ PR,..,,,, aid�, �,y� ,y 1l y,. , "l r ,,Cl.z t y Iii if A /5.m ati herf kr h Prim r'of��' otoig l« rte- .44/1/�y7 .S'r`,�'AZ. . �1i/ I Yt ort.,a...Ppti._;,,,:.�a pw7�. ter. rf1�lilbYri 7u / S" .d4• , 4 � ,_ tmzis wfit-;.:3••�• �4=4;. h.4,,, it .._j i1 a 4 3ti -a . kia.4x,. i_ , lam/ _ ,,.._ r use any.... w �Q 47 � :77)d— c?/2/, y Ai yS,? to'.y �0,,,' ,-,e�1 i ; VV0.7r.�t, . / ,\ J ISTST_p e �' i t 1 i tah... 41. ` 0 890429 • ATTENDANCE RECORD • PLEASE write or print legibly tour name, address and the name of the applicant oz Docket • ! for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M.) DOCKET $ 88-53 USR-AGRICULTURAL SERVICE ESTABLISHMENT - KEITH R. 6 SHARON L. BURMAN DOCKET, 4 88-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY 6 PATRICIA SHUTTS 'DOCXET # 88-51 USR-RETAIL 6 WHOLESALE LIMBER BUSINESS, ETC. - NORTHER PRIMING & PRESTAIN, INC. NAME ADDRESS HEARIL:G ATTENDING r , WUM,' 3,4 / w�/ "le � t,,/ / • • • • 53C42g • • INSPECTIONS REPORT NAME: Weld County Disposal LEGAL DESCRIPTION OF PROPERTY: Part of the NW1t NW1 of Section 12, TIN, R66W of ' the 6th P.M. , Weld County, Colorado DATE: September 12, 1988 CASE NUMBER: ZCB-34 The property was inspected to determine if it is now in compliance with the Development Standards for SUP-454. The property is still not in compliance with the minimum 3' of free board on Pond "D". The pond levels have dropped alot and progress is being made to bring the property into compliance. eith A. stt 111 Current Planner 890 WELD COUNTY DISPOSALe INC. 7551 CALLAGHAN RD. STE. 100 SAN ANTONIO, TEXAS 78229 August 26, 1988 TO ALL TRUCKING COMPANY'S Dear Sirs, Effective September 1, 1988, we will temporarily close our facility for incoming brine water until September 19th. We are sorry for the inconvenience but in order for us to m!intAin cur current pond freeboard .level:, we :cod this time fcx evaporation purposes. Yours Truly, 161-4-)64•*_. Howard Duckworth Kevve..,/ WC f/I P �en- vhf 11O,2 40414e 1;2'44 f i.zw¢ 7307/44.77. W.c !i,Q.'e/404/ d4��, , ?Q °cT,oxa ,Jvt'K 1�'a+n. /7n,'DCo . ,4 e b7 L 4 qa ,�lso�, .4P1610. SEP 21988 New to. RNu+iu[ :ummAt'w 890429. • s Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr. Wes Potter, Mr. Keith Schuett, and myself in a meeting held Wednesday, August 10, 1988, in the Health Dept. offices. Yours Truly, Howard C. Duckworth HD/mw cc Mr. Keith A. Schuett —Planning Dept. Mr. Wes Potter - Health Dept. Mr. Lee Morrison - Asst. County Attorney Mr. Cecil Crowe - Alpha Engineering Mr. Bob Oehler - Attorney for Weld County Disposal Vinton, Slivka, Panasci - Attorneys for Weld County Disposal Mr. Martin Seidler - Attorney for Weld County Disposal • 890429 LETTER OF AGREEMENT WELD COUNTY DISPOSAL FREEBOARDS & SKIMMING 1. Freeboard - In order to maintain proper freeboard levels, we agree to the following: 1. If the level of ponds are in danger of freeboard level we will adjust the amount of liquids being taken or within 5 working days close the facility until our freeboard levels are in this desired level. This total figure of evaporation is derived from natural evaporation rates of 1100 barrels a day plus 1300 barrels a day from our sprayer. We will also be adding another section of sprayers in Pond D, which should increase our evaporation of another 1300 barrels per day. So with 3700 barrels a day max of evaporation we feel very comfortable with our evaporation rates and meeting our freeboard requirements. 2. Also, a concrete pad will be built to place our sprayer on that will totally make sure that all water from spraying unit will be placed back in pond. This concrete pad will be installed within 30 days of acceptance by the Planning Dept. and Health Dept. 3. A spxayur will ba installed in Pond C it the need arises to evaporate more water than we are evaporating now. POND C 2. Skimming - At the present time there is a small amount of algae & parrafin on Pond C. It represents approximately 5% of our total pond coverage. We have spent many hours with trucks skimming the surface of this pond. We will continue to skim on a monthly basis to keep this material maintained and off our Pond. POND D Skimming - At the present time on Pond D there is no amount of surface skim whatsover in Pond D. Any build-up of any kind will be taken care of in a timely manner: weather permitting. 890429 i • • LETTER OF AGREEMENT VOLUNTARY CLOSURE PROCEEDINGS • WELD COUNTY DISPOSAL If the Weld County Health Department deems it necessary to temporarily close our facility for non-compliance we will do the following: 1. Within 5 working days after notice from the Health Dept. by written or verbal response we will close our facility until we can demonstrate and show that we are in compliance with all standards unless we can demonstrate and or show that we are in compliance within the 5 working days before voluntary closure. 2. If compliance is not made within 5 working days we will temporarily close the facility by; 1. Notifying all trucking company's of our closure. 2. Receive no liquids, brine, gel or oil fluid related anytime whatsoever. 3. Chain-lock the front entrance to the facility with a sign reading, temporarily closed. All correspondence will be made through the Weld County Health Dept. office or Lee Morrison, last. County Attorney. Voluntary closure proceedings will be mutually agreed on by: Weld County Health Dept. Lee Morrison Asst. County Attorney Howard C. Duckworth Owner of Weld County Disposal Bob Gehler Attorney for Weld County Disposal Cecil Crowe Engineer for Weld County Disposal 3UG ! 2 ; -- VIM calaelhplomna ' •. OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 ..,..16472.-triff.../ :, i„ • I w V:; • ... t.••••let Nr, :�. �� .S.04: '� . �I "^'may.r_ . ... _• R .mA,... ... " ',!: •••106r , Nie ..lie ter:s. iat r r 1p. '7 .\ . EXHIBIT EXHIBIT, 'r' 4 e; - ., . ri7Psini • --; i • L.a. a ta, ,: EXHIBIT.,; IG '' . yiy/ 8904219 • AUG2219 . August 18, 1988 :1:7-i'lgetg7Ict- mlY Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Co. 80631 Dear Sirs, We have reviewed your letter for the probable cause hearing and the show cause hearing and guarantee that all matters can be taken care of within 30 days of this letter. In response to item #1 of development standard #4 is that we are not taking unauthorized liquids except to the effect that drilling mud was placed in Pond A and a small amount of oil was in this drilling mud. As to our meeting with Mr. Wes Potter and Mr. Keith Schuett on August 10th, 1988 we have agreed to not accept any more drilling mud or any other materials except none other than our own personal B S & D solids in our south end of Pond A. In response to Item #2 of development standard#9 as to whether or not the 3 foot freeboard allowance is being maintained on all ponds is that on May 23 we submitted an aeration plan to Weld County Health Dept. and started actual spraying in July. We have had only approximately 45 days of evaporation and Pond D is only inches away from being in compliance. Pond C is well within our freeboard. We feel that within 30 days both Ponds will be well within their freebord levels and will stay there. Attached is a letter of agreement pertaining to our freeboard. In response to item #3 for development standard #11 is that measuring devices are located and visible on all ponds but as the ponds go down they leave a residue on our measuring device and are sometimes not easy to read. In our discussion with Mr. Wes Potter and Mr. Keith Schuett we agreed to put in new story poles designed by our engineer to help accomplish any problems with these measuring devices. Our engineer is drawing up new devices and will submit them to the Planning Dept. with the week. In response to Item #4 of development standart #14 .is that our engineer sent a letter to the Planning Dept. on May 23 that all future changes in the facility will be proceeded by,y) ans having been approved by Weld County Health and the Planning Dept. We have not deviated from this in any manner. 890429 ce . • • Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr. Wes Potter, Mr. Keith Schuett, and myself in a meeting held Wednesday, August 10, 1988, in the Health Dept. offices. Yours Truly, w�H C. Duckworth HD/mw cc Mr. Keith A. Schuett - Planning Dept. Mr. Wes Potter - Health Dept. Mr. Lee Morrison - Asst. County Attorney Mr. Cecil Crowe - Alpha Engineering Mr. Bob Gehler - Attorney for Weld County Disposal Vinton, Slivka, Panasci - Attorneys for Weld County Disposal Mr. Martin Seidler - Attorney for Weld County Disposal 890429 LETTER OF AGREEMENT WELD COUNTY DISPOSAL FREEBOARDS & SKIMMING 1. Freeboard - In order to maintain proper freeboard levels, we agree to the following: 1. If the level of ponds are in danger of freeboard level we will adjust the amount of liquids being taken or within 5 working days close the facility until our freeboard levels are in this desired level. This total figure of evaporation is derived from natural evaporation rates of 1100 barrels a day plus 1300 barrels a day from our sprayer. We will also be adding another section of sprayers in Pond O, which should increase our evaporation of another 1300 barrels per very. comfortable700 lwithbaourevaporation rates s a day max of aand a tion we feel meeting our freeboard requirements. 2. Also, a concrete pad will be built to place our sprayer on that will totally make sure that all water from spraying unit will be placed back in pond. This concrete pad will be installed within 30 days of acceptance by the Planning Dept. and Health Dept. 3. A sprayer will be installed in Pond C if the need arises to evaporate more water than we are evaporating now. POND C 2. Skimming - At the present time there is a small amount of algae & parrafin on Pond C. It represents approximately 5% of our total pond coverage. We have spent many hours with trucks skimming the surface of this pond. We will continue to skim on a monthly basis to keep this material maintained and off our Pond. POND D Skimming - At the present time on Pond D there is no amount of surface skim whatsover in Pond D. Any build-up of any kind will be taken care of in a timely manner; weather permitting. 890429 • • LETTER OF AGREEMENT VOLUNTARY CLOSURE PROCEEDINGS WELD COUNTY DISPOSAL If the Weld County Health Department deems it necessary to temporarily close our facility for non-compliance; we will do the following: 1. Within 5 working days after notice from the Health Dept. by written or verbal response we will close our facility until we can demonstrate and show that we are in compliance with all standards unless we can demonstrate and or show that we are in compliance within the 5 working days before voluntary closure. 2. If compliance is not made within 5 working days we will temporarily close the facility by; 1. Notifying all trucking company's of our closure. 2. Receive no liquids, brine, gel or oil fluid related anytime whatsoever. 3. Chain-lock the front entrance to the facility with a sign reading, temporarily closed. All correspondence will be made through the Weld County Health Dept. office or Lee Morrison, Asst. County Attorney. Voluntary closure proceedings will be mutually agreed on by: Weld County Health Dept. Lee Morrison Asst. County Attorney Howard C. Duckworth Owner of Weld County Disposal Bob Oehler Attorney for Weld County Disposal Cecil Crowe Engineer for Weld County Disposal 890429 I RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DEA WELD COUNTY DISPOSAL, INC: T WHEREAS, the Board of County Commissioners of Weld,: County, Colorado, . pursuant to -Colorado:statute , and the Weld .County Home Rule Charter,'. is vested' wi.th.,`the authoritr•of "administering" the affairs of Weld County, Colorado, and WHEREAS, the. Board of County Commissioners held a public hearing, on the 17th day, Of, August, 1988, at the hourof 10:00. a.m in the Chambers of the Board..for the,_purpose of considering the revocation of Special Use Permit #454, , granted,:: to4• Howard Duckworth,', dba-. Weld"':County .Disposal, Inc. , on the following described parcel of land• Part of the NW} NWT of Section-12, Township 1 ; - North , Range '66 West of the= "6th ..-15:14; , Weld County, Colorado WHEREAS, the staff of the Department of Planning Services requested that this hearing be continued to a later date in order to allow Mr. Duckworth time in which to come into compliance with Development Standards #4, #9, #11 , and #14, and WHEREAS, the Board deems it advisable to grant said request and continue this matter to September 14, 1988. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to September 14, 1988, at or about 9:00 a.m. CS I.• • 890429 7= )�' rzcu': us/r'.... 880838 • • Page 2 RE: CONTINUE SHOW CAUSE BEARING - WELD COUNTY DISPOSAL The above and foregoing Resolution was," on motion duly_made and seconded, adopted by the following vote on the 17th day of August, A.D. , 1988. L-, • .• BOARD•:,OF'COUNTX-COMMISSIONERS ATTEST: c OUNTX, COLORADO Weld County erk and • , ARecorder C% 2M and Clerk to the Board Gene R. Brantner, Chairman C.W. lir y •` Pr -Tem pe ty County erk EXCUSED-DATE'OF SIGNING AYE APPROVED AS Tn ^ORM: Jacque n o nso I County Attorney FranYamaguchi eC r`; ti:;;3 • 990429 880838 • • e HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 - OIL FIELD FLUIDS RECYCLING AND DISPOSAL SITE - WELD COUNTY DISPOSAL. INC. A public hearing was conducted on August 17, 1988, at 10:00 A.M., with caw following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Cordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board. Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative. Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated August 3, 1988, and duly published August 10. 1988. in the Platteville Herald, a public hearing was conducted to consider revocation of Special Use Permit #454, granted to Weld County Disposal. Inc., c/o Howard Duckworth. Lee Morrison. Assistant County Attorney. made this matter of record. Keith Schuett, representing the Department of Planning Services. recommended that this matter be continued because, after meeting with Mr. Duckworth. it was determined that the issues in question may be resolved. Wes Potter, representing the Health Department, said the applicant has agreed to a letter of voluntary closure if he does not come into compliance. Mr. Schuett read the letter concerning voluntary closure which Mr. Duckworth has agreed to sign, saying that the Board should receive the letter by August 22, and Mr. Duckworth shall be in total compliance by September 9. No public comments were offered concerning the continuance. Commissioner Johnson moved to continue this matter to September 14, at or about 9:00 a.m. Commissioner Lacy seconded the motion and it carried unanimously. This Certification was approved on the 22nd day of August. 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD , COLORADO As Weld County C1 k and Recorder CJ�'a t C 7?Ya and Clerk to the Bo� : � ens R. Brantaer� Chairman ce.-)1 putt' County C Ilrk,,■ C.WKirby, Pro-T EXCUSED DATE OP APPROVAL Jacqueli J na • cY 1 Frank Y gu hi TAPE #88-36 DOCKET #88-48 PL0447 890429 el A,':rz,:... `r!c c.. 880833 • • ATTENDANCE RECORD • PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: AUGUST 17, 1988 (10:00 A.M.) DOCKET #88-48 SHOW CAUSE - HOWARD DUCKWORTH, DEA WELD COUNTY DISPOSAL, INC. DOCKET # DOCKET # NAMES ADDRESS HEARING ATTENDING �iv! /7z(o itt IVOR IL 82©429 0 1 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 88-48 Weld County Disposal, Inc. c/o Howard Duckworth 7551 Callaghan Road, #100 San Antonio, Texas 78229-2861 DATE: August 17, 1988 TIME: 10:00 A.M. SUBJECT: Hearing to SHOW CAUSE for revocation of Special Use Permit #454 — Oil field fluids recycling and disposal site LEGAL DESCRIPTION: Part of the NW} Mil of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado ISSUES: 1. Whether or not unauthorized liquids are being accepted and disposed of on the site in ponds that are not approved for disposal, which would be a violation of Development Standard #4. 2. Whether or not the 3-foot freeboard allowance is being maintained on all dikes as required by the Weld County Health Department and Colorado Department of Health. If it is not, this would be a violation of Development Standard #9. 3. Whether or not measuring devices are located or visible in all lagoons as required by Development Standard #11. 4. Whether or not the Special Use Permit area has made any changes to the plans and/or Development. Standards as shown, without prior approval for said amendments, which would be in violation of Development Standard #14. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN. FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff. Deputy DATED: August 3, 1988 PUBLISHED: August 10. 1988, in the Platteville Herald 890429 yy�•^h+y``yy o fftdavit of Publication tom. s �Nj{V.a wy�Wf•lr ,•' q -..-.7.9,-."O-1, M, is, STATE OF COLORADO County of Weld 9s 4 ,s cpMtF N r IM I A.Mahler Rleeel of sad County of Weld being duly sworn.say -,n t..w.' M�.,�M�et°ble that I ampublMherof 0,,,M tM Platteville Herald aww e' �! '. that.the same la a weekly of general circulation was t .Mtt�► r'Hat uowp.par M'" 91wM M panted and published to the town of .idle y. Wale Lan In said county and state of advertisement,of which ,,ter,, the annexed Is a true copy has been published to said weekly '/... I.' � ~ newspaper for "•n'-w"Yhtl- (Q,i..t .•y .... a . . consecutive-...weeks: ta+ that the nodal waspubbehed in the regular and enure mule et away number of said newazaper Ailing the n - mod tlme of publication o(Wd notice end e. lewd boa supplement ".L•.: thereat that the tint public bou of sad notice awe contained in the '�' •..kwr� 'r YA W f!lwe of sad newspaper booing the date of t,S"M1^,‘ 0. "'w`b �•.w A.D 192r and the last publication S,�r. ,, ,• theIssue of said newspaper.boozing date. �` the 4-4 day of Caaq,_oYMwt4M. talletad Ker ,' lrt lAtlut the said k +'" ,WMMt- has been last ed continuously and woke n ut er toduring the period of at 1ea.t ttty-tae consecutive calm nest pier to the slat woe thereof containing ad entice a advarti.ernent above referral to: and that said newspaper was at the time of each of the a•+ " n v t publications ofaaid nonce dub,quaffed fee that purpose Mdse the , r '^'+ ` .,• ' meaning of an set entitled. An Mt Cenoenmeg Leal Notices, - - t '^• -. ' Advertisements . Publications and the Few of ten and •n �°�"` t " a ` Publishes n and to Repeal all Alta and Parts of Acts is -l'at'hs wt eta C"aaly. Confbot with .. of OW 7.1931. , all r .:,and +. AD : 1:+ and r !� 1. 1. 'Act/WI/Seas sr AS ilialhatimill .rw oakM «an 140.+4,, Sub bad and sworn to before me tltts ay of •. c..n+� .w:« 'F. . We .. st;- '.w.e�yY-..: :ir saesmy . sw sk Yles,.ss.,wt^,; YPra )Th° t Y NotaryPublic 6+�•c••• .M., sea ►•. . FORT LUPTON PREns 4.. uwartr nor"SW 416 Denver Ave. ^ lewd FutbiPton.CO80$21 a�Pw qr ^'t„ 0 4{rkt , 'ar kbraommtwbo expires June 1002 4 ' •era , My Commission expires June 30, 1992 , . Of.. MIMOSA •P"•__ ,wyu .(.msµ,. n i=• 290 R` t "'" t.... 9 emu, wVe nYaer'd^� .Y i. . v4.. P/ on I ` '° . fh(ry� 1 •• 1•• • _ ISF _ 9 •t1 �--%'y.,,,�yy bs k ,,, , ; y i}t,e f-..--v ww4 �7. Ye` +( .H ..n+I�.WJAML 4' 4-.4}. , l aA j . YtJ+ 'yW yN ! :f4,40Y+n S�rM h.f. 4}C ,•,• ' �• . - e _ 4NY M1 s'i t t w .+�My r F.?°.ar x, T et,,- Y. s r'�4 •` f*xb e .��.`.Yo'r'* ',.,:,/ .c A fidavit Of Publ�cation "" °rte, •1 ' t " + • 4:: „ � A,�e ti ♦! }. .1.rr'- y W.~}ABM STATE OF COLORADO) i County of Weld) u. I A, WRTNKLER RTFSFt of pad County of Weld being duly sworn.say that I „ +' -� am publisher ha d PLATTEVILLE HERAi1D:�! . r that the same M a weekly newspeak"'of generalf &c tion was Punted and Published In the ^y Y r. M,m .', ,,rs' ;tp.•c 1 �W'rec et e PLATTEVTT.T.F * m o' :� n n n neats tumid county and atau:that the notice of advR•i ' f a�R".F •l 1 WNW' y4.Y4 •N •; k tiaement.ot.bich the annexed is a true Copy has n Q '�MI�''`M* • WrMMrN!rhenU.� • Oven published in said weekly newspaper fort ;M �s �+O�bvM• Oa. W `.. consecutive `^:.:,o.w,.M,papa e..ry'Ce M• .I eewhi v` ..' wet1la• that the notice was published in the .^" . - - rt^ w'Muw,w�wwawreww` tegutar and entire issue of every number of said -• aarrwvtwea'- newspaper during the period and time of publics. ,.y,ei1,. „ NIONWHI t- ;.Ise dle• ce` -. tiro of said notice and to the newspaper proper �'—."e"' pant lath'stat a it•*Sem and not in a supplement thereof: that the first �nar.y=s.e..�q.+ iy. ,�'o"'wpa .sres.e,w,,.. publtcaUon of said notice was contained in the " - -intn.* ""Nny ;� rwr.o..i.+O seas.ate.t. tyre of said newspaper bearing the date. the Jarpsa t 4 °.w.,h,wc `w..d.&AI w.I[CswAfmwv. /0 d[teefa.._..�•^A.D..19 GPI }t, nenilibieh,aa•stYp ,A�wessel, .r q mane """"�''' Nalte rneibliherb.eWY N+ we*pa,'el,Ruawef.11ae sod the last publitahuon thereof. In the issue Of ,"Y",urr,[..rf.,�0sara..a.a. tier. ' a.aips... a .orsth fr s sn v'aF!a.faa./ ..are: ..ass rite e►..,., ,.n.a.� said newspaper.searing date.theS day of M«wreveil-.'ins Ir...ewr. °i....,' `� "ar'Arson "oss'nee.er.Was N1 M .19 A that the said ' v;+ a a'alla*ha wssaye °s"' epa„t Abed a en•sessofitoo W�'O.air. M� • `� j0•0” or•r•e* .•4..-r..rie paw ar.an ' .. P TTEVILLE HERALD ,,°ij,,,°",r ► r,y,,NIr Orion.narw.t. MN has been published cOntinousiy and uninter• ) 111ao[ryft „.ie.e. �,,,',.,.-,a.New twinveiiistma- :>44111.. arrrrKreuY.".a�.n. ntptedty during the period of at least fUtyewotr,byO,pgww a.a tM rwna .ph y rv..ai4 corsetvtive weeks neXt prior to the first Issue ainfeo Powea if ewoo o. dinoodified WI We A a. , thereof containing advertisement said notice or advertisement u•... ,w,�,, ,,:,,; above referred a:and that said newspiper was ;tanitayalrjil.,ya,'.y eou::err erase at the time of each of the publications of said r ,�We1.w1.s.. w�,. ,.. notice duly qualified for that purpose within the sta-low-sts..a Roar.. eowalioo meaning of an act entitled. An Act Concerning r „p rysCsfsr s.,i ,an MANY ANN tgyebrar•''. Legal Notices.Advertisements and Publications ,ter., .a•14 e0UN1'• etaaK and the Fees of Printers and Publishers thereoL and to Repeal all Acts and Parts of Acts in Con• r aaprt t7 '41. An9� [soaad , nip with the Provisions of this Act- approved w:, Yu•r^'+cw ,' r Yam P`a any,RM4Wpgr ' Apt 7. 1921 and all amendments thereof.and pardeularil as amended an a •• ed. Ta t. show Aayaa.a.sawsc,tra h 30 - d an . . •ve• Ms, 13. Jer r'. PrIsheui.4 srawea.r:ar sr esra.sr►taw 1. ubluther • +• bed and aw•orn to • fore m 4 e this . • Ir day of „'�.y, A P IO Qd• - V •an PuWIC FORT LUPTON PRESS • FOR Lup o%CO®0821 : My eanmasan expire/1441/ . ..... x•; ' •. • ®89429 ,,r,is C �. _ co . ~ ~ N - m rwa . do CC co yc V A —4 g �.. ,_ 496t aunt'XE woe se A � "'" l�I`,'" i�r/'//'i J, ,r U 'Yw rye '�e2f�,N,91y k. t Gr.. • a+4.a � r ..M •�.i. ereeeirmene ina„ k wrriw."�.wr wY�' Ip rypyOlllry uliteh a4444, .y,`+a M4 ;' d" i'YR le,, ,A wi,rw, e. 4 .\ti<.V } PO *�IYMW 11iM(M�w'�O�a0au...aFMIww10 nauad. '1d°R. ,O,aIbwt ��NtNa�r omto tO;+Or�l1yy+nfn0�r'�� ..O":Pweb�M.DN1w y .3.., <.;aytT(67A� Nlr ti: ;t.(�wflw.7l�1 WELD COUNTY DISPOSAL, INC. , Typnt$.rvlo.: • C/0 HOWARD DUCKWORTH O Anises 0 I 7551 CALLAGHAN ROAD #100 ound { SAN ANTONIO, TX 78229-2861 : 0 IASI w. An E3 of a a- TEDELIVERED. i '., �t - 6. AEot....'.Addw.litYlf e ,'*''.,n"44'1w1 `wr to :` ,,,;•i, i'p,40,2 r i " myqud.ed fK Pdd1 a✓v,.. i f Y � owls=RQTURN RLCEf ,Ha Mt, +n Y6s' MIL Na11 f�3,8 rnd' wtp.,d^n,.wxv brow' , �^;gs•rnda.,.1�. . . _ ..: _ .. � .� 890429 • • • SInTl August 3, 1988 3/4tls 1/2 AUS o• 4 )988 Board of County Commissioners • Weld County cant*. 915 10th St. Greeley, Co. 80631 Dear Commissioners, I just received a letter today August 3, 1988, from Mr. Keith A. Schuett the current planner with the Department of Planning Services concerning a hearing for Weld County Disposal to be held today August 3rd at 9:00 a.m. The letter was written July 26th and mailed to me on July 29th and X just received it today August 3rd. It seems unfair to respond to any public hearings if I'm not given proper notice. I would like to recommend to the Board of County Commissioners that; Mr. Keith Schuett, Mr. Wes Potter, myself, my engineer and my on site manager meet with each other on August 10th to discuss and take care of these 3 non-compliance items in Development Standards 4, 9, & 14 of SUP-454. I personally feel that all matters can be taken care of with the Planning Department and a recomendation for a Show Cause Hearing can be avoided. We all have made great strides in making Weld County Disposal a much better site since I purchased the facility in 1983 and hopefully we can continue to show and give you our best effort in keeping the site in compliance. Thank you for your time. Yours Truly, 14)441°C. ooard C. Duckworth cc: Keith A. Schuett Wes Potter Lee Morrison 890429 ' 0 • DEPARTMEN• PLANNING SERVICES • .1" icy .'b �t PRESO 1ED Fes - u:S ��pt FIRST CLASS . o ,... :.: � o y �p 6 175 $ Cr Mt. Howard Duckworth.. o Weld Countp"Disposal: v. 8207 Caa3aghan Road, #325 San Antonio. T7[ 78230 o I y.' r r.'d J'')',, { i Q'{r «.Y -fir , •: r.: `�.N{ r ..n�,rn• 1 �^' 1ll�.N'(�MJA 'yfJ fl. .t t1 Y - f :•�R *r 'C �h' :,5,$::,/,.., ,n}: 4 f4..r F yr -, }r Li r 1 ° v 7rFyh I,-,11 :N l J si\ :. J+ • • ' 1 44 V:4-1"�tr. K� ..-,,,,'•;;7S-;:-.::::,,,t M 4 ; 1 {µ{ms rr \J . 4r re '\ I1.•• 41 5. . N 1. 'l '/ I X. ...:-..1.x....:;, • / 'S } n (TR7r '�'l i}r wy i 1 1♦r n.r� fir ! 1 ! . tty '/ '� h r hNrrS,\ ,iy�^j� } �. tet.:•:.:,-..r L-fr` }kh y,rf.. i r r>• i I • � L " �'' ''r�}S . ; l r !•� f i 1V'/i.y, ty n r j nab U' ` 'hr J t ' +� rrrt -v rF't * "'t I` kt t r ° n v e_ J.y� ` .�- y t`" T5� J 1 •?-.'-':\c/.42 :: .A{{v5 t 1 �lb 4 1k 'h�! hp. tr x3: Nti r 1• '.: •..>,:::::,,•:-'..2t;;;:•:::';.-2 ✓' to �'q g • -rf • ti r +.t ' {y 1 ♦i rah r r Mr`6 _ _ -S 'ii -..,,:;,..,,,4;i:.:•.,-...,,i.,.:,....,,,4. tih . i { v.. �• ' • _ `+ J y h _ ,. t V. :,..-.e.'... ,a x` r� w �1 1. �p a M ' \ ' rg ts?t vJ�, e J$le Y r��\`Y!rn0-0�: ♦ +r•.;, } r r e#ii.h�, Pig ti+ h l a r � ar'? APB 'YAG k0v:Ja I al. .l• �3 • DEPARSNT OF PLANNING SERVICES t1 PHONE(303) EXT. COLORADO STREET GREELEY,COLORADO80W1 ■ ce COLORADO July 26, 1988 Mr. Howard Duckworth Weld County Disposal 8207 Callaghan Road, #325 San Antonio, TX 78230 Re: ZCH-31 Dear Mr. Duckworth: Notice is hereby given that on Augu 3, 988, at 9:00, or as soon thereafter as the agenda of the Board nty Commissioners permits. the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room. Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number ZCH-311 for compliance with the Development Standards as approved by the Board of County Commissioners on April 21, 1981, to determine if probable cause exists to hold a hearing on revocation of SUP-454. Inspection by representatives of this office have identified that you are not in compliance with Development Standards 4, 9, and 14 of SUP-454. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Development Standards. the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this,matter. please telephone. Respectfully, Sscuett Current Planner KAS:dn pe Wes Potter, Weld County Health Department 890429 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING WELD COUNTY DISPOSAL, INCA '-,SPECIAL-USE PERMIT NO. 454 WHEREAS, theaBoard `of—County'.Commissioners -of- Weld County, Colorado/ . pursuant:--to- Colorado-.statute an&: •the-. Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the- Department .of Planning. Services: has .submitted a request to the Board of County Commissioners to consider a Show Cause Hearing. for. Howard Duckworth; dba Weld: County Disposal, Inc. , to determine :whether tthe owner/operator -is in .compliance with -Development :Standards. 4, 9, 11,, and 14 of :Special .Use Permit No. 454, and WHEREAS, .the :property on.which <.the..violations' are -alleged to be .occurring •is":'described' as Paxtr•of the..NWI NW} of._Section^ 12,;: Township' -.1 tNorth, Range :66 -West of ,the- 6th .P.M. ,. Weld :County, . Colorado.--and -WHEREAS, Howard; Duckworth, ',::owner. ;and/or operator of -Weld County Disposal, . Inc ,-:was neither: present -nor represented at -this.., Probable Cause Hearing, and WHEREAS',".• the' . Board, . :after hearing•, testimony from representatives : f the:%Department of Planning Services and : the:.. Health Department, finds that there is sufficient probable cause to schedule a' heak?fng,to 'Show"C,ause as: to:whether: or, not-Special Use Permit NO. 454., :held by Wei- County Disposal,' Inc. ,, should; be• revoked for failure . to ".comply with the Development Standards, and WHEREAS, the Board.shall°hear evidence;.and, testimony from all interested parties' at said Show Cause Hearing:.. NOW, THEREFORE, BE IT -,RESOLVED by the . Board of County Commissioners of Weld .C.ounty, Colorado, that a Show Cause' Hearing be scheduled to, determine, whether or not Special Use Permit No. 454 , held by Weld, CountY Disposal, Inc., should be revoked for failure to comply with the Development Standards.` . BE IT FURTHER..RESOLVED ;that the issues to be considered by the Board are as follows: 1. Whether or not unauthorized liquids are being accepted and disposed of on the site in , ponds that are not approved £or' disposal, which would be a violation of Development Standard*4. 880791 • 890429 II II Page 2 RE: PROBABLE CAUSE - DUCKWORTH • 2. Whether or not the:"'.3-foot-`freeboard allowance is being maintained on all dikes as required by the Weld County Health Department•and Colorado Department .of Health. If it is not, ' this would? be a• violation-. of Development. Standard #9. 3. Whether or not measuring devices are located and visible in all lagoons as required by Development. Standard 411. 4, Whether" or not the Special, Use Permit area has_anade any changes to the plans and/or Development, Standards as shown, without prior approvaL 'for said;tmeatanents,= which would be in violation of Development Standard #14., : ; '• ' BE IT FURTHER RESOLVED by : the Board that.: the' date for, the Show Cause Hearing shall be '.August 17, 1.988,<:atcl0z00'_a.m.. :.and. ;the:, hearing shall be held in the First' Floor /Hearing Room_of the- Weld County Centennial Center, 915 Tenth Street, Greeley, :.Colorado.: The' above" and foregoing: Resolution =was, on=.motion duly-made and seconded,` adopted by the following votes -on the,. 3rd_day. of August, A.D. , 1988. BOARD .OF -COUNTY. COMMISSIONERS ATTEST: et WEL • UNTY,: COLORADO: Weld County Clerk and Recorder er �, and Clerk to the Board Ge e R Brantner, Chairman ,Tie„r.� C.WIAi 'Pro em C15-1 pu j77/4.-14c.4-e—, ountClerk EXCUSED DATE OF SIGNING - AYE APP OVED TO `FORM: Jacque 1, n n_ Ga ounty Att rney EXCUSED DATE F SIGNING - AYE Frank..ramague .y :.> • 880791 e.Se.; 8 890429 • • PROBABLE CAUSE July 25. 1988 CASE NUMBER: ZCH-34 USR-454 • NAME: Howard Duckworth • Weld County Disposal 8207 Cullagan Road #325 San Antonio, Texas 78230 LEGAL DESCRIPTION: Part of the NW* NW* of Section 12, T1N, R66W of the 6th P.M.. Weld County, Colorado. LOCATION: Southeast of the intersection of Weld County Roads 12 and 35. It is the opinion of the Department of Planning Services' staff that Standards 4, 9, and 14 as approved for USR-454 are not in compliance. - Development Standard 04 is not in compliance. All phases of the Special Review permit are not in compliance with all County and State Health Standards and Regulations. This is indicated in a letter dated April 13, 1988, and a memo dated July 22, from Wes Potter, Weld County Health Department. - Development Standard #9 is not in compliance because the freeboard allowance of 3 feet is not being maintained on all dikes as required by the Weld County Health Department and the Colorado Department of Health. - Development Standard #14 is not in compliance. The Special Review permit area is not in compliance with the plans and/or Development Standards as shown and no amendments have been approved for such changes. The facility has been accepting unauthorized fluids for disposal. Based upon this information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on August 17, 1988. to consider revocation of USR-454. 890429. CASE SUMMARY ZCH-31 Weld County Disposal April 21, 1988 SUP-454 approved. March 25, 1988 Property was inspected by Wes Potter and Lynn Robbio of the Weld County Health Department. It was determined during this inspection that the property is not in compliance with the Solid Waste Disposal Sites and Facilities Regulations. April 22, 1988 The property was inspected by the planning staff. This inspection revealed that the property is not in compliance with Development Standards 2, 4. 8, 9, 11, and 14. May 3. 1988 Violation letter was mailed. May 16, 1988 Letter, dated May 13, 1988, was received from Mr. Howard C. Duckworth. May 22, 1988 Letter. dated May 23. 1988, was received from Ceeii H. Crowe. P.S. June 23. 1988 Letter mailed to applicant on minor changes that were approved. July 13, 1988 Property reinspected. The property is not in compliance with Development Standards #4, 9, 11. and 14. July 22, 1988 A memo was received from Wes Potter. The memo indicated ' that the property is still not in compliance with the Solid Waste Disposal Site and Facilities Regulations. July 26. 1988 Notice of Probable Cause mailed. 890429 4 . . . - i\ ID a i r4 2,10'96'7 DEPARTMENT OF HEALTH .� 1516 HOSPITAL ROAD • GREELEY.COLORADO 80631 ADMINISTRATION(303)353O586, • +. .. HEALTH PROTECTION(303)353462 e. M •H. 0. ( • v. f: .• I y CCOMMUN{'fY HEALTH(303)353-0694 L4 O . Certified OP 702 266 298 • COLORADO Legal Action #88-055 April 13, 1988 Weld County Disposal, Inc. C/O Howard Duckworth 8207 Callaghan Road San Antonio, Texas 78203 Dear Mr. Duckworth, Your facility located east of Ft. Lupton, Colorado was inspected on March 25. 1988 by Wes Potter and Lynn Robbio of this Department. The following violations,of the Solid Waste Disposal Sites and Facilities Regulations for Surface Impoundments were noted: 1. Evidence of potential serious surface and groundwater pollution. 2. Sludge pumping disposal on site (unauthorized). 3. Non-compliance with design and operation. 4. Liquid surface covered with oils. 5. Integrity of berms have been compromised. 6. Pond free board level exceeded. 7. Deviated from original engineering plans and have constructed and using an unauthorized. unlined pond. Please be advised that the operation of this site is in violation of the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, specifically Section 6.2.2 which states: A. Single layer liners designed and constructed to prevent or restrict seepage from the impoundment to a rate which will not cause impairment of existing or future use of groundwater beneath the site. and C. Class XI impoundment operation plans must contain: 7) ,�1i] j[APR20 1988 890429 from co. plautuiQ ccattas • Weld County Disposal, Inc. April 13, 1988 Page 2 • 2. A contingency plan for action to be taken if the quantity or quality of seepage from the impoundment exceeds the approved design limits. The plan shall include the requirement that the operator notify the Realth Departments in writing within fifteen working days of the detection of exceedsoce of the design seepage rate or allowable seepage quality and within forty five days submit a detailed written assessment of the impact of the seepage on the receiving aquifer and proposed remedial action. and section 6.4 which states in part; 6.4.2 Embankments shall be designed to minimize erosion and to withstand all forces from impounded wastes. 6.4.4 The maximum design depth of waste shall be controlled by the permeability of the liner, class design and operation requirements, consideration of the efficiency of evaporation and allowance for a minimum two feet of free board. and section 6.5 which states in part; 6.5 Waste impoundments shall be constructed according to detailed plans and using quality control measures specified in the facility engineering report to ensure attainment of design permeability and prevent mechanical or chemical degradation of liners during construction and active life. USEPA publication SW - 870 (1983) is recommended for general construction guidelines. 6.6.3 The integrity of liners shall be maintained by prevention of damage through uncontrolled or improper discharge of wastes into the impoundment, vehicle traffic, dredging of settled sludge, skimming of oil, maintenance of spray systems or other actions. 6.6.5 All impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other surface scum. Please be advised that you have thirty (30) days from receipt of this letter to bring the operation into compliance with the Regulations pertaining to " Solid Waste Disposal Sites and Facilities". Please be advised that the Regulations provide in Section 2.3.4 that : 2.3.4 If the facility operator falls to respond to the Department violation notice within thirty (30) days, said operator may become subject to statutory and other remedies as appropriate including: 600429 Weld County Disposal. Inc. April 13. 1988 Page 3 1. Fines. imprisonment. or both. under Section 114 of the Act. 2. Temporary suspension or revocation of the certificate of designation under Section 112 of the Act or. 3. If a facility is deemed a public nuisance for violation of the Act or' these Department regulations. the violation may be enjoined by a District Court under Section 113 of the Act. Failure to respond and comply will result in appropriate legal action by this Department. Sincerely. W't4 ?Pik Wes Potter. Director Health Protection Services WP/taj cc: Marc Ringel. M.D.. Medical Director, Weld County Chuck Kozel. M.P.H.. Public Health Administrator, Weld County Lee Morrison. Assistant County Attorney • 890429 SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County 1°616 DATE o3/a5/81 Located in Facility Off/ D eaut)7Y /Posy e.. 7-11-C' • Incorporated Area Location Current Operator rr Operator r f �l -h'r q =. Mailing Address perator C eg p�7�J7- 4'r,/lJ�'� f Current Owner (If different) 247 e:447.4., g 4' Gf�T"z n Mailing Address of Owner . rwrwrwwrrrrrrrrwrwrwrrsrrrrrrrw�rwrrrrwrrwrrrrrrarrwrrrwrrrrrwwrww (All items checked must be explaind in supplemental report) I. ✓ A. Public Health and/or Environmental Hazards we B. Evidence of Potential for (Serious) Surface Water Pollution .J/C. Evidence of Potential for (Serious) Groundwater Pollution f/ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards ve'F. Non-Compliance with Approved Design and Operation 6.--"G. Structural Integrity of Dikes Questionable H. Records - Y. Other * REMED2A7. ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present - B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Minor Spills Around Disposal Area P. Water/Liquid Surface Covered with oil(s) or scum G. Depth Gauges not Present and or Readible yG H. Pond 'Freeboard Level Exceeded. Recommendations for Site Improvement J. Other III. Remarks • .jrx4-ensNe oil 'r C ()NJ PniwX • Cvd.onsaEA. Arm-Sink, ions? S/Di e *'6A)> . g r,m rrrni yh hrr ? 4' f rs -hen 3 -Pr nZ Pre Aon rd Gore1 no d and te-crili1.'n eugatpretli iv" ii nocrif Awn/ rrrrsuorrrrrwrrrrrr rrrrrerrrwrrrwr (Name) PRESENT AT INSPECTION (Repr. enting) e �� 0 -- Inspection Engineer/Geologist / il 4:6(60,(Q _ .� -.. aaa, ,nnwn.ronn� ,nt*N rnov.rewnnv1 ! ry 5N,,e',4•/ ` {I Y '" . •4`t !h y t •. 1 YY 1- T •Y i., '2/.'. Y ' ry f I 4 • ♦ i �_ )Y(� ,D11 ref J. 1 ♦ v.'!✓Itir Y ♦ l 'RtiP r Y rM"�( AJ}5 _. r 1' y c- ,. b :. '.. „_ J• • n,w . •yy.`��.){ `. !� - ' Y S �Y ) "nyK..i"'j'1'M•'5�,� ' NyLZJ _�JS� Stt Y {L� :.....4",',.....7... N. 'rIJ^r''''�ql!} ' ' •v'. •.L. ..• 4 T4 5 - ' 1 i .r l.• - '4 Y ''r r , r t ♦ ` r l..y.y • . Y"1‘•‘•••4 Y, >. `' 7,...; ,±..74.4#„...k.+.'lM '} Y ,,Y ,-.F`nq'M'•w'1 'J ?,,,?..'.?,::',:•..:,0::.,....,` ty1 jY• '� � tiJ I. tV\ ,'i4 �T./h vlYlr A♦ f ., ..✓1.....4.:0",„ ,,,,,:.•:".:4r 'rJ•1N'"r ! +• y v.,e,.1 ..y/j • SS h.... y< •1c 'P 0 , • '"N5, �ytl,_.._ Z^W� .,Y. �rrwnr. ^ h • '.l , e�,...*!n �, ` Y. • 890429 • • Y.y„1J 4 ....... V: l:' M G.Y ‘'''17•4•,..,:::•:;;;,,,;:d.a.. (Y . i.Mr.4gr:; r:.'If.4. .,� G';',. t F.e t t -i FAY�, }`t' R t`—Fwf.N+N`r w • • • INSPECTOR'S REPORT ' NAME: Weld County Disposal, Incorporated LEGAL DESCRIPTION OP PROPERTY: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado. • DATE: April 22, 1988 TIME: 3:30 p.m. • CASE NUMBER: ZCH-34 After reviewing the Development Standards and case file for USR-U( an • inspection of the property was conducted. During the inspection. it was determined that Development Standards 2, 4, 8, 9, 11, and 14 are not in compliance. Standard #2 is not in compliance because interior roads are not graveled. Standard 04 is not in compliance because all phases of the Special Review permit are not in compliance with all County and State Health Standards and Regulations. This is indicated in a letter dated April 13, 1988. from Wes Potter to Weld County Disposal, Incorporated. Standard 08 is not in compliance because flagging devices are not in place, 20 feet apart on all lagoons. Development Standard #9 because the freeboard allowance of 3 feet is not being maintained on all dikes as required by the Weld County Health Department and the Colorado Department of Health. • Development Standard 011 is not in compliance because measuring devices are not located in all lagoons. The measuring device located in lagoon "D" was not easily visible at the time of . inspection. • Development Standard #14 is noe in compliance because the Special • Review permit area is not in compliance with the plans and/or Development Standards as shown and. no amendments have been approved for such changes. The facility has been accepting fluids delivered by Slims Sanitation. These fluids have not been approved for disposal at this facility. Dumping of fluids on the south end of the facility upon the ground have taken place. • £i 'cat - 4€/ Current Planner • 890429 • DEPAR1$NT OF PLANNING SERVICESPHONE(303)35414000 10h a. E I � 915 tan STREET GREELEY,COLORADO 80631 I , ), . 0 COLORADO May 2. 1988 Weld County Disposal, Incorporated c/o Mr. Howard C. Duckworth, President 8207 Calloaghan Road, #325 San Antonio, IT 78230 Re: ZC8-34 Dear Mr. Duckworth: Personnel from the Department of Planning Services conducted an on-site inspection of your property on April 22, 1988, to determine whether you were in compliant with the Development Standards placed on your property at the time USR- was approved. The inspection revealed several violations of Development Standards. I have enclosed a summary of the items that appear to be in violation of the foregoing 2. 4, 8, 9, 11. and 14 Standards. You are hereby requested to comply with the requirements of the Development Standards within thirty (30) days from the date of this letter. Failure to comply will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines that there is sufficient probable cause to warrant further action, a Show Cause Bearing will be scheduled to consider revocation of the Use by Special Review Permit. If you have information that may clear up this tatter, please telephone or write. If you have no additional information, please let ma know and I will schedule an appointment with you to discuss the procedures and requirements necessary to resolve this matter. I would recommend you call and schedule an appointment so that I may reserve a sufficient amount to time to discuss this matter with you. Respectfully, Current Planner Enclosures 890429 May 13, 1988 Mr. Keith Schuett Dept. of Planning Services 915 10th Street Greeley, Co. 80631 Dear Mr. Schuett, After reviewing your letter in regards to the development standards of 2, 4, 8, 9, 11 & 14 we will do everything possible to rectify the situation in which you are referring. In response to standard #2 of not being in compliance because of interior roads are not graveled is that the main road to our X facility has an oil bc•se with sand and gravel that was provided by Amoco Production approximately 2 1/2 years ago when they drilled two wells adjoining our property. The only road used by the trucking companies is the entrance to our facility where they dispose at our pit. The other roads are the berms of ponds B, C & D and are not traveled hardly at all. Standard #4 is being answered & taken care of by a report from my "- engineering firm to the County Health Department. Standard #8 - We have never been questioned about having flagging devices on our lagoons for ducks because we have never had any problem with ducks being on our ponds and the Health Dept. does not feel that flagging will keep ducks away if they ever were a . problem. If necessary, we will do whatever it takes to satisfy your department. Standard #9 - The freeboard allowance on our ponds does have a tendency at times to be beyond our 3 feet freeboard, but we are in the process of sending you a designed plan for a spraying system that hopefully will meet your approval. We will not be accepting anymore fluids in pond D until our freeboard is below its desired level. Standard #11 - Measuring devices are located in both ponds C & D. The reason you couldn't read the level marks on pond D was because our monitoring pole was dirty and very hard to read. We will clean these poles or put up new ones, which ever is best. Standard #14 - Please specify as to what is meant by changes that have not been amended. 890429 41,4 We have been accepting small amounts of fluid from Slim's Sanitation that consists of water and sand. This fluid is compatible with what we have been receiving with our other fluids. If this is a problem we will refuse anymore fluids of any kind from Slim' s Sanitation as of this letter. There has not been any dumping of fluids on the south end of our property since 1984 when we were taking all drilling mud and frac gel to that part of the property. We now put the mud in pond B and the frac gel goes in a tank and bled off before going into pond D to avoid oil residue. Please contact me as soon as possible after reviewing my letter and any responses from your office will be taken care of immediately. Yours Truly, 7141-- Howard C. Duckworth Weld County Disposal, Inc. HD/mw • 890429 OP)gONN JIMA? t 6 1988 ALP N G /NEE$% ALP ,ENGINEERING CIVIL EMCINEERIMS • LANO OFVELADICT a APOAERTT stoners RECEIVED May 23, 1988 SANITATION DIVISION •Keith A. Schuett MAY 1988 Weld County Planning Department 915 10th Street 6YElD C UHTY HEILTh DEPT. Greeley, Colorado 80631 RE: Compliance to inspecter's report for Weld County Disposal, USR-545 Dear Sir; Y have reviewed the development standards that are not in compliance and recommended the following corrections to be completed in 30 days. At that time a re-inspection of the site is requested. STANDARD R2: Gravel all the interior roads including those around the ponds. STANDARD N4: The soil placed in the dike be removed and a clay core be installed with moisture density control to provide a 10-6" per second permiability with a one foot sand cover to prevent cracking. STANDARD N8: Place flags around the lagoons not more than 20 feet apart to discourage birds from landing on the water surface. STANDARD #9: An aeration system plan has been submitted to Weld County Health and 'is being submitted with this letter. Standard 1 .e states that "The lagoons may include an aeration system as a part of the operation.". Construction will begin as soon as the plans are approved. The installation of the . aeration system will evaporate 2880 barrels per day to lower the water levels in the ponds and bring the free board into compLiAnce, . Water will not be added to Pond "D" until the free board is increased to 3 feet. STANDARD A11 : • Staff gauges will be installed in all ponds that do not have one. STANDARD *14: . All future changes' in the facility will be preceded by the plans having been approved by Weld County Health and . Planning Departments. The above recommendations have been agreed to by the management of Weld County Disposal. opoamuwru,,,�, Cee11 R. Crowe, P.E. & L.S. 12330 : % * 12330 ; m •,,9)..cat. �FO`e 6/7 5TH ST. - P.O. oar 392 • rAPT 4e�,ftT,f QRGDO 00621 METRO 0031 573-5/876 o fORT LCV'tOMmw d0 037-IJO0 890429 DIiPARTtT OF PLANNING SERVICES PHONE(303)9664000 EST.440o Th W ST REET EE E GREELEY,COLORADO DO 80 T 606111 sin‘..' ik COLORADO • June 22, 1988 Weld County Disposal, Incorporated c/o Mr. Howard D. Duckworth, President 8207 Calloaghat Road. #325 San Antonio. Texas 78206 Re: ZCH-34 located in part of the NW} NW} of Section 12, T117. R66W of the 6th P.M. . Weld County, Colorado. Dear Mr. Duckworth: The Department of Planning Services' staff had reviewed your request to install an aeration system in the lagoons at the Weld County Disposal Use by Special Review site. The staff has determined that the installation and operation of the proposed aeration system would not be considered a major change to the approved Use by Special Review permit provided that the aeration system is constructed and operated in compliance with the letter dated May 31, 1988. from Mr. West Potter. Director o2 Environmental Health Protection Services. Appropriate building permits for the aeration systems must also be obtained. If you have any questions, please call or•write. Sincejely, a1/4/Hhue c Current Planner KAS:dn 890429 • DEPARTMENT OF HEALTH Ott\\I\ 1St HOSPITAL ROAD GREE48Y1516,COLORA00 80631 ADMINISTRATION(303) '3519566. HEALTH PROTECTION(303)3510635 COMMUNITY HEALTH(303)3530639 • COLORADO May 31. 1988 Howard Duckworth Weld County Disposal 8207 Callaghan Road #32$ San Antonio. TX 78230 Dear Mr. Duckworth. This letter is in regard to the Engineer Design Aeration System submitted to this department by Cecil Crowe for Weld. County Disposal. The design is satisfactory with the exception of the evaporation rate per day. We have found the evaporation for brine water to have a 8.7% reduction rate compared to pure water. Therefore. the assumed evaporation loss should be 11.3%. The division recommends approval of the evaporation equipment with the following restrictions: 1. The evaporation system will not be operated in winds of excess of 20 mph. 2. The equipment will be operated in a manner which will assure that the spray falls back onto the the surface of the pond and does not fall outside the pond surface at anytime. 3. The design, construction, and operation of this system will not • deviate from the approved design as reviewed and approved. . 4. The construction will be inspected and approved prior to operation. If you have any questions concerning this matter please contact this office at 353-0635. Sincerely. Wes W� Wes Potter, Director Health Protection Services cc: Marc Ringel, M.D.. Medical Director, !Weld County Chuck Kozel M.P.H., Public Health Administrator, Weld County Lee Morrison. Assistant County Attorney Lynn Robbio, Environmental Health Specialist WP/lr 890429 tki1'1 .:c5 � I • RECE(VEO May 13, 1988 5r,.a;rnnem C•••kToo 031538 Mr. Wes Potter Dept. of Health 1516 Hospital Road 1;asi C "'s Greeley, Co. 80631 Dear Mr. Potter, The following are answers to your letter sent April 13th, 1988. 1. The evidence of potential surface or ground water pollution has not taken place and our monitoring wells will be • pumped and samples taken care of the week of June 16th by Thompson Well Service. 2. Sludge pumping on site was to remove excess paraffin and iron sulfides from the surface of our ponds to take care of the excessive buildup over a few years of the waste. The pumping of this waste was placed on top of plastic lining and cleaned up as of May 2nd, 1988. 3. The design and operation of our facility has not been compromised and we feel that our site is a much better site now than in the previous few years since major rehabilitation has taken place: 4. The surface of pond C from paraffin and iron sulfides has been removed to at least 95% of the total surface cover of our pond. No scum buildup on pond D has taken place. 5. The integrity of pond C's berm will be tested by Alpha Engineering and a report sent 'to your office as soon as possible. 6. Our pond freeboard"on pond D has at times exceeded our freeboard level and we will not place any liquids in this pond until our freeboard is below our 3 ft. level. • 7. The same area that was used in 1984 to close pond A down • was used to take care of our removal of waste on pond C. Any use of any area in the future will be approved by your staff and a detailed report of any use of this area will be given to you by • our engineer in the future. If anything else need to be taken care of we will be happy to do so. Your Truly. 4dCTiWcrth 8949429 Weld County Disposal, Inc. HD/mw • ✓``IY'�. • r •w vr5 ^•4r.rn1 i . r yi1 . .n r r,4,/ ♦ 7I ♦ � [ ♦ci4..1 4 • ,'i N, r yt�.i t�rr�5r� r�y�'^:4a'1 A. r ni '+.I { •l to r';' `1 " , .�♦[ .w_ ,...._..: _�. `,a✓..�-....•. ♦� J f 'h'Y \`...w,Vs••_•..u.•J.71.I. i••:✓...i.is•wi:'Lsr:".C....,r'� ..4,.n; s. y', ..�._.___. .__ Y y -4,‘..;,...;0‘,..;‘-,j;; 1oA,,r4r:' _ •? I h IIM: F♦ M • R w �✓, tr•ye ♦♦ - • F •:I[ •r`•TY s�'L' a ,rig an - ,� Y ,. L Zr'' t I• • ` l '�`v. 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'J r• • • } Niup►0429 4#4101. w' M}1:YaAi1•hest 91?4:4::.".1 7.rt Wlr lr r.ti.!•14kCe recta 04.4VV .^[ 3r '...ww9w..r2 r:.;w5.. w , r'v.: - i:.a. ♦.r'. lr .t4'M1 I hL N� t4 .J •At wV;•5•••••••••.•r1 " .\ ...ww.•.�A••A+ .}.M:.•};.[ l,-orr.4u,.. h1. t•A '♦. w•44T•A•r.•ti -,.'.�.L7r!(,f\I}' . . a AL INSPECTIONS REPORT NAME: Weld County Disposal, Incorporated LEGAL DESCRIPTION OF PROPERTY: Part of the NW} NW} of Section 12, TIN, R66W of ' the 6th P.M., Weld County, Colorado. DATE: July 19, 1988 TIME: 3:15 p.m. CASE NUMBER: ZCH-31 The property was reinspected to determine if it is in compliance with the approved Development Standards. The property is not in compliance with Development Standards 4, 9, 11, and 14. Development Standard 4 is not in compliance. The operation is not in compliance with either the County or State Health Department's Regulations. Unauthorized liquids are being accepted and disposed of on the site in ponds that are not approved for disposal. See memo dated July 21, from Wes Potter, Weld County Health Department. Development Standard 9 is not in compliance. The 3—foot freeboard allowance is not being maintained on all dikes as required by the Weld County Health Department and Colorado Department of Health. Development Standard 11 is not in compliance. Measuring devices are not located or visibility in all lagoons. Development Standard 14 is not in compliance because the special review . permit area is not in compliance with the plans and/or Development Standards as approved and no amendments have been approved for such changes. The facility is accepting fluids that are not approved for disposal at this site and fluids have been disposed of in Pond A is not an approved pond for the disposal. Five pictures were taken. ddiefti eith A. Schuett Current planner 890429 , • MEMORAADUM wise. To Planning Department oil. }lulu 21. 1988 COLORADO From Wes Potter 9LG ; ,l' hrne. 'Cr Subject. Weldyounty_Disposal • An inspection of the facility constructed on July 20, 1988 revealed a continuing violation of the Solid Waste Disposal Sites and Facilities Regulations. The facility is continuing to receive an oil based waste material in Pond A at the site. Since the 'material is unauthorized and since the integrity of Pond A is questionable, I request that your Department schedule a Probable Cause Hearing to present the violation to the Board of County Commissioners. • Lim,. 2 2 1988 1 9dpa tWNI( arWll�:Ul • • /-` RESOLUTION • Ff '"CTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING WELD COUNTY DISPOSAL - SPECIAL USE PERMIT NO. 454 • z/ 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, the Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing for Howard Duckworth, dba Weld County Disposal, to determine whether the owner/operator is in compliance with Development Standards 4 and 15 of Special Use Permit No. 454 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the NW} NWi of Section 12, • Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Howard Duckworth, owner of Weld County Disposal, was present and represented by Robert Gabler, Attorney, at this Probable Cause Hearing, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether , or not • Special Use Permit No. 454 , held by Weld County Disposal, should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County • Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Special Use Permit No. 454, held by Weld County Disposal , should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1. Whether or not this facility is in violation of Section 30-2O-102, C.R.S. , and Sections 6.7 , 6. 7 .5, 2.1, and 2.1.4 of the Solid Waste Disposal Site and Facilities Regulations, which by incorporation would be violations of Development Standard #4. —pk, 0 47,17 -446414-tot e. �,�.� - - 890430 Page 2 RE: SET SHOW CAUSE HEARING - WELD COUNTY DISPOSAL 2. Whether or not the facility is in violation of Development Standard #15 regarding compliance by the owner/operator with the Development Standards. 3. Whether or not the owner/operator should be required to present a plan identifying the measures which will be taken to ensure that the uses approved for the property are maintained in accordance with the Development Standards. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 28, 1989, at 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST:� � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C. K rb , Ch rman f12 Ja qu Z ine g neon, Pro-Tem Deputy County er EXCUSED APPROVED AS TO FORM: Gene R. Brantner George Kennedy 4'11 Cie County Attorney EXCUSED Gordon E. Lacy IIIIIII 890430 DATE: May 17, 1989 CASE NUMBER: 2CH-34 • NAME: Weld County Disposal, c/o Howard Duckworth ADDRESS: 7551 Callaghan Road. Suite 100 San Antonio, TX 78229-2861 LEGAL DESCRIPTION: Part of the NW} NW} of Section 12, T1N, R66W of the 6th P.M., Weld County Colorado LOCATION: Southeast of the intersection of Weld County Roads 12 and 36. The Department of Planning Services' staff and the Weld County Health Department have inspected the property and determined that the uses of the property are not being operated in compliance with the approved Development Standards approved April 22, 1981. The uses of the property are not in compliance with Development Standards 4 and 15. Development Standard 4 states, in part: All phases of the operation shall comply with all County and State Health Standards and Regulations. In a memo dated May 17, 1989. from Lynn Robbio, it indicates that the facility is not in compliance with the solid waste disposal site and facilities regulations. Development Standard 15 states, in part: The property owner and/or operator of the operation is responsible for complying with all stated standards. The property owner and/or operator has not maintained compliance with all stated standards. Standard 4 is not in compliance at this time. Based upon the information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 14, 1989, to consider revocation of USR-454. Due to the history of noncompliance that has occurred on the Special Review site, the Department of Planning Services' staff also recommends that the owner/operator be required to present a plan identifying what measures will be taken to ensure that the uses approved for the property are maintained. . • • • 890430 At mEm®RAnDum ��1��• Weld County Commissioners Lnv May 17, 1989 O r° wen trotter. Director. bnvir8m ton kroteZtiLn services Wt., COLORADO From Lynn Robbio, Environmental Protection Specialist subjaot: Weld County Disposal. The Weld County Disposal Facility located at Section 12. Township IN, Range 66W, was inspected by Lynn Robbio and Wes Potter on May 5. 1989. At this time the facility was observed to be in violation of. Section 30-20-102 Colorado Revised Statutes. 30-20-102 - UNLAWFUL TO OPERATE SITE AND FACILITY WITHOUT CERTIFICATE OF DESIGNATION — EXCEPTIONS. "(1) Any person who operates a solid wastes disposal site and facility in the unincorporated portion of any county shall first obtain a certificate of designation from the board of county commissioners of the county in which ouch site and facility is located." The operator had disposed of a liquid oil based waste material in an unauthorized pit on the south side of the property. This action is a violation of Section 1.3.1 of the Solid Waste Regulations which states "No person shall operate a facility for solid waste disposal. where processing, treatment, or final disposal is performed. at a site located in the unincorporated portion of any county without a certificate of designation obtained from the commissioners of the county." A violation of Section 6.7 of the regulations was also observed. 6.7 states "Operation standards Operation of waste impoundments shall be in accordance with approved plans and the minimum standards of these regulations." An excessive layer of oil was observed to be on Pond C. Section 6.7.5 states "All impoundments operated as evaporative treatment or disposal- facilities shall be maintained as free as possible from oil or other surface scum." An excessive amount of spillage was observed around the receiving pit. This is a violation of Section 2.1 which states "Minimum standards All facilities for solid waste disposal shall comply with the following minimum standards of the act:" specifically Section 2.1.4 which states "A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects. rodents. and smoke; shall provide compacted fill material.; shall provide adequate cover with suitable material and surface drainage designated to prevent ponding of water and wind erosion and prevent water and air pollution..." The above noted violations are considered to be significant problems with the operation of the facility. WP/LR/dgc 890430 FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF HENRY L. WALKER, DBA BEARS SPORTS SALOON, FOR TAVERN LIQUOR LICENSE The application of Henry L. Walker, dba Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631, for a Tavern Liquor License came on for hearing on the 10th day May, 1989, at 10:00 a.m. , and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant has sustained , the burden of proof as to the desires of the inhabitants. 2. That the applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION 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, the Board has considered the application of Henry L. Walker, dba Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631, for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $450.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter, as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License for Henry L. Walker, dba Bears Sports Saloon. ec SO c//va, ' err 890406 1...C1)0°9 Page 2 RE: TAVERN LIQUOR LICENSE - BEARS SPORTS SALOON NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby approve the application of Henry L. Walker, dba Bears Sports Saloon, for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, for the reasons stated herein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, COLORADO Weld County C erk and Recorder ltrC and Clerk to the Board C.W. it y, Ch rman -">4704-9g-;.e..- , EXCUSED EY: Y r @K..4] Jacqueline Johnson, Pro-Tem Deputy County erk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner George Kenne 2 County Attorney Gordon 890406 I .. Sm. eft \ .._jr,all‘ f a. ;--INI ., rte,.•,,_,., St . Qs OO ' Co1o@raCo;�p De o . turac�s&Q off s3swemaa@ • �i I 4iLiquor Enforcement Division 1375 Sherman Street jj) Denver. Colorado 80261 1 i • �� WALKER HENRY L (�; BEARS SPORTS SALOON i . / 2519 8TH AVE GREELEY CO 80631 1It t I Alcoholic Beverage License ...r.r. - nacnttESAT$CMG$? Account NunW conk CIN !newt Zr-s C o le . S 14-27003-002 03 206 5813 3 051989 MAY 18, 1990 ii- NM.and o.w+abn o(t r.. IP; � Typ 'T TAV$RN I TOj10R I JCFNSF .S 2c 00 f j., _ COUMTY Q$ PFRCFAtT Opp rEF S 276 psi I a Torwnattm S 301.25 €z' This license is issued subject to the laws of the State of Colorado and especially under the ' �• provisions of Tide 12, Articles 46 or 47. CRS 1973, as amended. This license is non. transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license : should be addressed to the Department of Revenue, 7..iquor Enforcement Divison, 1375 S Sherman Street,Denver,CO 80261. In testimony whereof,than hereunto set my hand. i� w ieir 0�v(scion MAY T 91989 Executive Director (.. Direct I oR esaa tsas) {_ `. ` tip -4 : _ it 2390406 , :,''‘;7#%.1.1, 7',i. 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RECEIVED OF. 4 I� `rr S FOR �i CREDIT an • County General Fund 101 0000 � .rin _� /r p �;{ 4�� d"O Health Department 1190000 peedid— a ?5 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road&Bridge Fund 111 0000 Airport 1770000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 .' ' School District Gen Fund School District C R F School District Bond-Fund 590406 FRANCIS M, LOUSTALET I rY I TOTAL AMOUNT County County Tre curet k L[AVC'BLANK TYPE OR PRINT ALL JN►ORMATION IN SLAG � ., 31. LEAVE BLANK wrwx . . neeYaewe r� t Man.' ° COQ62QIIOt1 &909447bb8U3 vW nlXwRMI !D 4. R r�! Xi S —__ pAfeq AWES ri. ga rca .. ya • e9wGe o•rew GI(urge,. 'g 3�oS S�• � �`�� F.' Lret X • •�/eyww)..Xyy P antuwlr CU ‘...2 i r. 9zr.� 'd}'.:;j VAT 9WAiV. l in Fl rwe A LEAVE BLANK j G no No. f 1 tN•wneANDXODP.x k X1989 9>�Pt$a c A? c,Ass Ste CO NC • i ASK.!YAW NO. 1t1NL TOQAl*Wall P.MO. XLY. MCMDX•IXD!lPIIXTeO G-- / Le 3 AIIINSIMMINIIMIll d4 v L,r« �sGe AA+mot XD. flia r �. " t It if,/ 1 ,--4:1, xl,, n r ., ,,,,•74,13f$ �_ _Dry 2 Y f. 1.LOMA d"�yj� — I:,t s.�.*Mkt t ti \ R L �k I��) a } ,1 I" d Iq TO I 11 �l\��.. ilI�1 1..�_ A'I'M UA y 4� • ` • F r yy('A'. �`Yee _ « �ry�� 'sIj� wF�:�.y11�+�� %n rri�Z-IT" ` e,•?.`�1RT'r^ n R4tL: 11 •a�. _,...Is:AL-n-',_____..2._r_,--,c,...Xw! 1"" t. G.Mal t ' \�� IId' On v Al,..; f. ,1 � tt �. ,r r- W./ �`!�� ,� .�:' 'ti'r: �M i No�G7w fr .k i ' r y ca mat �)I1 r 3 '�+ -raj y r ,,,..rlI Y+�.w f fit+ tS ' K4 .F9. _.4 *L- .. t ... • a t. "0551 •* Y�1• _. A�' FEDERAL_ BUREAU OF INVESTIGATION Ilk- UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C. 20537 L. LOOP ' APPLICANIT •" :..,`\" CENTER �/// TO OBTAIN.CLASSIPAILE FINGERPRINTS, ��7� �`'\\ 0► COOP +III \ •S� \5 I. USE SLACK PRINTER'S INK. P1 'N' \ 1' } 2. DISTRIEUTE INK EVENLY ON INKING SLAB, �'ILI$, ,\•I SA . 3„MASH AND DRY FINGERS THOROUGHLY. 4. ROLL PINCERS PROM NAIL TO NAIL;AND AVOID ALLOWING PINCERS TO SLIP. Cy,. 5, BE SURE IMPRESSIONS ARE RECORDED IN CORRECT ORDER. `� . 6. T AN AMPUTATION TIORE INDIVIDUAL L MAKES R IMPOSSIBLE TO PRINT A FINGER,MAKE A NOTATION ��•��` DELTA TO THAT EFFECT IN THE INDIVIDUAL FINGER BLOCK. —• l� 7. IF SWAP PHYSICAL CONDITION MAKES IT IMPOSSIBLE TO OBTAIN PERFECT IMPRESSIONS,SUBMIT :sr�l .---16‘03:01.L THE BEST THAT CAN BE OBTAINED WITH A MEMO STAPLED TO THE CARD EXPLAINING THE OR. CUMSTANCES. THE LINES BETWEEN CENTER OF 8. EXAMINE THE COMPLETED PRINTS TO SEE IF THEY CAN SE CLASSIFIED, BEARING IN MIND THAT LOOP AND DELTA MUST SHOW MOST FINGERPRINTS FALL INTO THE PATTERNS SHOWN ON THIS CARD(OTHER PATTERNS OCCUR INFREOUCNTLY AND ARE NOT SHORN HERE). 2. WHORL THIS CARO FOR USE BY: LEAVE THIS SPACE PLANK 9 �.�_ y_\\�%• I. LAM ENFORCEMENT AGENCIES IN FINGERPRINTING APPLI. CANTS FOR LAM ENPORCEMENT POSITIONS.' DELTAS Y f� /'I k \. 2. OFFICIALS Of STATE AND LOCAL GOVERNMENTS FOR O R. ll\ y� POSES OF STATUTES EMPLOYMENT,I,ICINSINIi,AND PERMIT}„55 AUTHOR. F� ��` �� 1\ \ ;ZED 0Y STATE STATUTES AND APPROVED BY THE ATTORNEY I I ��yA:�::, ��f�4% , GENERAL OF THE UNITED STATES: LOCAL AND CO4NYY ODI. $.?4,. �.,.`\i"',',,,..�. NANCES UNLESS SPECIFICALLY BASED ON APPLICABLE STATE "'�. x i 1n r STAY T�1 O HOT SATISFY THIS E�EOUIREMENT.• 2341^-� � /! 4 O 5 -�f OVIREO BY FEDERAL LAM"" '3.AND OTHER ENTITIES Rf•. ' Pa .T-. ;"_ 3. /y -'•:'I+.i.:mv....-4 4. DPPIciAL3_OF PCDERMAT CFARTERFDOR INSURED BANK; tr•- INC INSTITUTIDNCTO PROMOTE(IA MAINTAIN THE SECURITY „5.•.,•t S�. +^�+ OF THOSE INSTITUTIONS. THESE LINES RUNNING BETWEEN INSTRUCTIONS: RECORD DELTAS MUST BE CLEAR '1. PRINTS MUST FIRST BE CHECKED THROUGH TN�/�ER CM 1'l.AF1/L1L �� PRIATE STATE IDENTIPIEATIOM BUREAU, AND 0, �,ES YE O v 3. ARCH BEEN FOUND LOCALLYCSHOULDISQUALIFYING0E T Dl A�I '/ NT SEARCH• •}' " %..„-%' ,•+' 2, PUVACY ACT OP 1971(P.L.%379)REWIRES TI B(yo{ $SS M � CRITERIA ....it' / ,\,D.;� ERAL, STATE, OR LOCAL AGENCIES INPOET I IPB.FLSrRW�TA 4F>t i Z., \\\ \ WHOSE SOCIAL SECURITY NUMBER IS.REQUESTED WHETHER ��'�/// S,\\ SUCH DISCLOSURE IS MANDATORY OR VOLUNTARY, BASIS OF. /ib„ a AUTHORITY POI?SUCH SOLICITATION,AND USES FINCH WILL % ee MAoe a sT •'3, IDENTITYOP PRNA7C CON'dR.ACTOR5 SHOULD BE SNOMN "l' INSPACE"EMPOYER ANDADOHESS"..THE-CONTRIBUTOR IS 1ma0 ROA 'P t2 /5 �_ THE NAME OF THE AGENCY SUBMITTING•THE`FINGERPRINT /r1E0J 1 L RO TO. IFBI. 1/ jj 77p� � PBAARM ..IP,IMOMN,,SHQUID,SLATS BE FDIN ISIa yid S 70 ...�// IN THE AFFROOMA PALLY ci VO C � '�R MI$CEI+•AMFOUS HHp. " RECORD OTHER ARMED FOR ' c' A� u�T ! • P $PORT Nw.(C le, E;NTRATION NO.(ARS, V JI1 S ,l.'VRO"z-'�, ARCHES HAVE NO DELTA 3„I Ir. MMy&arl,Nei POD: r S,N0,(Si 3' j +F� ANS'ADW{ASIRANPf 1yy��t(VA,ySF' Q 'LBNH. ,q ye•. FOINIRtY.h111i) *U.R. GOV,�.RI,NNM(NT PNINTINO OFIIC MI 1•79-170.102 74 I S SS ', DD? E } / Milli ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or D cket Y for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 10, 1989 DOCKET #88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET F 89-17L TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON DOCKET # A IANE ADDRESS HEARING ATTENDING Icle -t . '4 l / 14.) £721 &2(6CEY INEaA Coog'ri #6,):24.-Z .�az. 7cc! 014 174., w s 4 . r`X 78)-27� R. ca 6 25-5- 7a €4„..„e,„ taco ??- --._ //2L sue ' , Wg itavore....2poted, ffDSf psi • �,"Y/v,/ /fee' s pn.P4;4fk+ic 890406 • . .� N,w r A O s wg O la F La CC361 ig 3. 1 II r t\st, v fC��1 0az k'. :21:1 $ 11 out lig O ig to cc le fola. o in a 0. a d2 a[( ° -- S961 aunt"O w.oi sd w x yY • h WO, !` I ,?E;Aa:- 0 ki , I ;lig . s ' _. l { e+- rat I ' ail � 3 • s pW^. qar f /. Q x d c- i, (" Nib d I r• t • o al 1 X v jfi l p is 8904416 X n t 41HCIIM.H16 • • OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000.at 4200 P.O..BOX 758 GREELE`/.COLORADO 80632 e COLORADO May 3, 1989 Renry Lynn Walker d/b/a Bears Sport Saloon 2519 Eighth Avenue Greeley, CO 80631 RE: Findings of the Investigation of the Board of County Commissioners of the County of Weld Concerning Your Application for a Tavern Liquor License for "Bears Sport Saloon." Dear Mr. Walker: Pursuant to Section 12-47-137(1) , please be advised that the Board of County Commissioners of the County of Weld, Colorado, has made favorable findings in its investigation concerning your application for the proposed liquor licensed premises to be known as "Bears Sport, Saloon." The on-site visit by Commissioner George Kennedy on April 26, 1989, revealed the following: (a) The proposed licensed premises is not connected to a different licensed premises. (b) The applicants' diagram of the proposed licensed premises is correct. (c) There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the •proposed • licensed premises. The investigation of your character has shown that it is good, and in accordance with Sections 12-47-1I1(1)(a)(III) and 12-47-111(1)(a)(VIII). C.R.S. 890406 Henry Lynn Walker t Page 2 May 3, 1989 • As you already know, the public hearing will be scheduled for Wednesday, May 10, 1989, at 10:00 a.m., in the First Floor Assembly Room of the Weld County Centennial Center located at 915 Tenth Street, Greeley, Colorado 80631. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 8 George Kennedy �CI" Commissioner GK/TOD:sa • NOTICE DOCKET NO. 89-17L PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, HENRY LYNN WALKER, D/B/A BEARS SPORTS SALOON, 2519 8TH AVENUE, GREELEY, COLORADO 80631, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE FOR CONSUMPTION ON THE PREMISES ONLY, WITH A LOCATION MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2519 8th Avenue, Greeley, Colorado 80631, Weld County, Colorado. DATE OF APPLICATION: MARCH 20, 1989 THE BOAF.D OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: That portion of Section 17, Township 5 North, Range 65 West of the 6th P.M. bounded by 11th Avenue on the west, 20th Street on the north, Highway 85 Bypass on the east, and Highway 34 Bypass on the south THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON WEDNESDAY, MAY 10, AT 10:00 A.M. PETITIONS AND REMONSTRANCES MAY BE FILED AT THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS OFFICE, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO. DATED AT GREELEY, COLORADO, THIS 29TH DAY OF MARCH, 1989. THE BOARD, OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: April 5, 1989, in the Platteville Herald 0 ay 34' elf f tdayst of Publication spa the outer►:: HEARING ON" Lrl.tightt) LICENSE �r BE HEW 1N STATE OF COLORADO fi; FIRST`FLOOR County of Weld 39 ;ASSEMBLY ROOM, tA.WhalerP n leaetot.. c mbofwrdbetegduy 4 say ,4VELD COUNTY . that l.at pubha er C. NT EN N•I A1. PLATTEVILLE HERALD ;z.�/.�.,� ER, 913 10Ut dud.the mono ho a weakly of jemerd eaeulaamr w.s - M', Z £T ,�' ",,•, printed and pueh.hed to dm eowod PLATTEVILLE EY,, ;COL- to aid county and slide that the notice of advertisement.afwhtoh DO. say the .®axed m a time copy h.o been publlshad m said week 0464 '�i-7-ni.tA3.'m .as a— ry',�DAY,oel newspaper far z� - '' .1*, AT'1 :00 Astir:. I 9ra. r.kAMay. ,w.a rry ^ CSGwL cenMwttw :cake: vn.a6'vw b0 wt iewdR tie yhr-'•'m•I --: . .t• tiuhthamdte...wbirhedmMe,eWa.rtmdeenne meueofasy -VD x' D�" ,PETITIONS,.�I.Ies member&aid• -•. : rdwlq thayated red tee.: atptebl .tlar `1� �, , p^ A� � alma name sod m the newpepsr and not m..uppl n the ,• „++,V, m,n..,‘40. Lit MAY BE BLED -.. thereon that Old arst lmbtimbm of nottmwm aonmmedmthe kar� e r r.• ti w,nr enue of add newspaper beaigthe data of ,h !1�'. SU'A�l4'F •T0 B CLERK A•T, TO S A.D t91r and the last publication v ` '1�4E7 .:.::t.1 R THE O ARK OF. mtheteamafwdnew.peper,bens:tate. THE BOARD, OF 7A of TFiE 'COUN1Y. COMMIS- the we day a S"i"/4 G£w:;OF . COG rkwy fe '4°' tt� th.t the ..w a „O1RA,DOI ktENRT :WELD'SIONER coFFICE; eN NNIAL „k1MFN "W"1CkKER; "�N:T E N N 1A1. PLA77EVZLLE HERALD .DttB/'A *; BEARS ENTER 915 loth; hen been published oontmtmueq•saws untetettuptedy ening the • .SPOR%1'S, SALOON. . ,; E E T ,,. "perbd afwc,m.t ety.twe concern nett to the amt M1. v 4. $T'EI -tGREE LEY. ':COL tins thmeof aodtalnhu and nwtoe or advertisement sem referred . .Anil,E.Iii-U:E . ;•. to; and that said newspaper wen at the was of each of the publications of ae d nodal duy qualified far that pnPme.nthm the ORADO meeretef of an act entitled. 'An Mt Careening Legal Notices. ' wr G1t r •CO1.- '- AdvWsemmt. and Pubike iae sod the Pero at Printers.red *i n r +Q'I A !a nit, •^w r Publishers thereof. and m Repeat Acta sad Farm of '�A3 'D 'AT Conflict with dg.Prro r�r. . Part;.t• t. ` FtA5- REQUES ED. •thereof.and •> ' ► col.en TtlE '.'L'ICE.NSING %anCc EY, COL-" r ' .. . '•OI FiCjA-S ' Of ORADO,. ' THIS.. �i i a i. �rnwueer ;YVI D: rCOUNTY;; 29TH DAY' OF ' '"'" f MARCH. 1989: " :GoLORADO.w ,TO Su• ; bed. •d nrern to fore me thL.aay o f t ,: ,>. . . . lA1H, "IK`TAVERN .THE BOARD fir c- '' " •;CONSUINP- COFJ(!ITY.'S101RERS Natty Public ..F .TFON,ti,ON T11-E "WELD COUNTY, 415 DEN ER A ENUE :PR EMES IS 'ONLY, "COLORADO :4441144 -:OCATION fiY_ MARY APThfr. FT. LUPTON, CO 80627 as ? ," 11/AR" FEUERSTEIN. r' , "T1,C"t t14 R,L Y WELD COUNTY Ny oomedeston expires Jury 1001 ;I Ee$'� AS CLERK AND '• My Cc�rmr t;:n ox;�ire June 30,1092 f0 041lSS RECjORDER«=AND a..;. . a .:. ..e Y i9'8tls. 'aCt£RtC H >O ARD A�►ellge. .. , Gneeley Colorado ^$Y" ,S0531k Weld,Coun , - ,t; - .. T , ,,., Riff, •iYw. Colorado., . ._•„,-,------- � r� • DATE°KAI:Pk-ICA •19439 -IIRA•RCFF:.2C; Asps:..,1989°: . 19739 ...,,,,,,„,,..e...,---. -' r,-THEa ;BOARD- OF,_ cOUNTY"GOMMIS. ' ≥'SIGNERS OF WEEL ._, UNTY, co ADO: "-HAS DEC :,THAT Tfilr2NEIG1111OR. HOOD 4,1TO . BE SE3 WILL BE '/CS!!oniq IS:, u Thiti)a'tion of Soo' tioctl?r Township-5 Noltk,4 Range;' ,65 8904®6 Welt.„of..;the 6th P.111. bounded '* 'I1tth Allele*on the: • Afftavit of Publication STATE OF COLORADO ss. ,41.4„,'.0 -4-414:1•9:_. `WQx4/L h'PORSIS'A14t`TITHE LIQUOR LAWS' County of Weld, InC)P4 THEo w'S1 ATE "OP-COLORADO, ftHE,ftl'RY•fi"-tY WALKER D/B/A L lrorita Seidler of ORTS..S'� LOON, 25'19"8TH UAVEN U, AGREELEY. COLORADO said County of Weld, being duly sworn, say that I am j 8O63't°: ,HAS ' 'REQ�JEStED c,.THE, an advertising deck of ENtING OFFICALS OF WELD THE GREELEY DAILY TRIBUNE,and 'wL, ti iuoRfl�fiC.'FL tRANT R THE GREELEY REPUBLICAN ON ON THE PREMISES that the same is a daily newspaper of general t WITH A LOCATION MORE' dreulatton and printed and published in the City of t:"P' iest*AfttY DESCRIBED AS' Greeley, in said county and state•, that the notice or FOLLOWS. 'r» ` k advertisement,of which the annexed Is a true copy,has nu ve t_tt been published In said daily newspaper for consecutive rWetdCoflr►t, COlorad0 '' ATEx''30F APPL (days) MGM; that the notice was published in the ICATION MARCH` regular and entire issue of every number of said 20, 198,9 ;.'`.• •^w' . newspaper dieing the period and time of publication of t `+ said notice, and in the newspaper proper and not in a 'Tt 1SS ggFID ' OF WELD C GOM- supplement thereof; that the first publication of said �iSS R$ O� W L'D COUNTY ,' It"COI. tb `HAS DECLatED THAT, notice was contained in the issue of said newspaper THE .NEI.GII,f Op,RHOOD ,TO .BE' bearing date FIV£D WILLBEAS FOLLOW S: _ Twenty-seve)h j hat portion.ofSection 1,t ,Township. y ,65 West of'the 6t day of Aril AD. 19.„89._; 'P bound 11'th Ayenueon•the.- and the last publication thereof; in the issue of said ntest,.h20th,-Street on' ..the.-nonh• newspaper bearing date the .� �Y-G,SY,Pes osn the t..ano Tv ity-seventh igh s THE HEARING,ON SAID LICENSE ' '! t -BE 'HELD iN THQ-,';FIRST,: day of awl AD, 1919_: ,FLOOR:ASSEMBLY ROOM WELD ghat said The Greeley Daily Tribune and The Greeley r O iN'1 e., EN'ZENNIAt'.` CENTER,' Republican, has been published continuously and +9954:AATH.STREET, GREELEY;,COL uninterruptedly during the period of at least six 0o ' a.a' ON WEDNESDAY/MAY10, months next prior to the first issue thereof contained AT 10:0th A.ML , . said notice or advertisement above referred to;that said ,PETITIONS,AND REMONSAANCES: newspaper has been admitted to the United States °+MAY' "yF1tEDxAT THE. CLERK TO mails as second-class matter under the provisions of the filiFjEnr ARV,OF COUNTY .COM— Act of March 3, 1879.or an amendments thereof;and ID -1' 'NETS OFFICE, WELD y °COUNTY , CENTENNIAIr .CENT@R.; that said newspaper is a daily newspaper duly qualified k9i8TH STREET GREED;,,COL:,, for publishing legal notices and advertisements within the meaning of the laws of the State of Cdorado, ATTED'^AT'GREELEY COLORADO. 27. 1989 !'THIS 29TH DAY OF MARCH, 1989. ittn z., .,,..-,4 r THEBOARD OF,. y(4 CO,UNTYCOMMiSSIONER$ t • S74.PR BY: COUNTY, COLORADO > 1`, i BY.MARY D COUNT RSTf=t K'-, 1,rx •, Wf=LDCOIJNTY-CLC'•+RK' o-••yam.• Dr,,,,t,‘,...„,...,:,,4.. , AND.RECORDEEL, Advertising Clerk 4 tx �iA),,:ANDCLERKTO-THEBOARD ICYmit J�otff, Deputy Subscribed and sworn to before me this �� poa`Cey_..: . �" _ day of Aprl1 AD. 19m_ �9 My commission expires 7-27.49-2- ,st.--cAT:444,19. 1-4-vr"— Nos e e RESOLUTION RE: ESTABLISHING THE NEIGHBORHOOD.: TO: BE. SERVED,; . DESIGNATING A COMMISSIONER TO MAKE ON-SITE 'INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF HENRY LYNN WALKER, DBA BEARS SPORTS SALOON, FOR A TAVERN LIQUOR LICENSE 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, the. Board of County Commissioners of Weld County, Colorado, at .a. public , meeting on the 29th day of March, 1989, heard evidence to assist said Board in establishing the neighborhood to be .served.: :designating. the Commissioner to make the on-site,'inspection, and. setting the hearing date concerning the application of Henry Lynn Walker, dba,.'_Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631, for a Tavern Liquor License, and WHEREAS, the Board,did.determine that the following described area should comprise the neighborhood to'be served concerning said application, to-wit: That portion of Section 17, Township S North, Range 65 West of the 6th P.M. , bounded by 11th Avenue on the west, 20th Street on the north, Highway 85 Bypass .on the east, and Highway 34 Bypass on the south. WHEREAS, the Board further determined that Commissioner George Kennedy be designated to make the on-site inspection concerning said application, and WHEREAS, the Board further determined that the hearing to consider said application shall be scheduled for May 10, 1989, at the hour of 10:00 a.m. NOW, THEREFORE, BE IT RESQLVED by the Board of County Commissioners of Weld County, Colorado, that the above described area be, and hereby is, declared to be the neighborhood to be served concerning the application of Henry Lynn Walker, dba Bears Sports Saloon, for a Tavern Liquor License. BE IT FURTHER RESOLVED by the Board that Commissioner George Kennedy be, and hereby is, designated to make the on-site inspection concerning said application. LCO �jGiA,1fi f X61— oil � 1C 890286 t� A. O • • Page 2 RE: SET HEARING DATE - BEARS SPORTS SALOON BE IT FURTHER RESOLVED by the Board that the hearing date concerning said application' be, and hereby is, scheduled for May 10 , 1989, at the hour of 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of March, A.D. , 1989. BOARD OF. COUNTY COMMISSIONERS ATTEST: I" %2�.u/ed , WELD COUNTY, COLQRADO Weld County4'ierk and Recorder and Clerk to the Bo d C_W Kirby, Ch n 1 J4W ma aezpaellne Jdbhzson, Pro-Tem Deputy County erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner Ge ro Xenneety' County Attorney 11 4740- Gordon E. Lacy 899286 , 9 e • DATE: MARCH 28, 1989 WELD COUNTY PLANNING DEPARTMENT: WE HAVE RECEIVED AN APPLICATION FOR A TAVERN LICENSE AT THE FOLLOWING DESCRIBED PROPERTY: • 2519 8TH AVENUE, GREELEY (PRESENTLY BEARS INN) PLEASE INDICATE THE NECESSARY INFORMATION AT THE BOTTOM OF THIS MEMO AND RETURN TO US. CLERK TO THE BOARD , UTX WHAT IS THE CURRENT ZONING AT THE ABOVE SITE? c-3 `Cemmeic.ti() IS THIS TYPE OF REQUEST PERMITTED IN THE ABOVE ZONING?)/c8. WELD CO7 PLANNING DEPARTMENT (7�CX}, DATED: nje 21"1 f II'I • 890406 890286 III ..,w.�_ ORL 404(Reno.ablIS) T WRITE IN THIS BLOCK STATE OF COLORADO DEPARTMENT OF REVENUE �f DIVISION OF LIQUOR ENFORCEMENT 1376SMERMANSTREET .. .: - ;... DENVER,COLORADO 80261 USE LICENSE ACCOUNT NO. LICENSE ISSUED THROUGH FOR ALL REFERENCE (EXPIRATION DATE) COLORADO LIQUOR LICENSE APPLICATION LIAeIS,ITY INFORMATION COUNTY.- CITY , INDUSTRY TYPE LIAOILITYQATE KEY;CODfi STATE FEE CITY "COUNTY ►AID .. 414 37-1 _. ._ .49.1. ' TOTAL FEE Instructions on Page 4 of Application. w ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN 1.Name Of ApOliant(a): If pertnenhi0.list names(at least two);if conoretlon,name of corporation; Date filed wtth,Loo$Authority: ,4z,ry ./74/1 lt�i, 'trans.�- 3 -;.7e-s / Stan SYw Tax No,: Y-27.503 2.Trade Name of Eatablishmant+IDEA) Business Telephone: OPa.:s t`c-„S< fa/,f f1,-c -774es - 3.Adams of Premises:(ExaoMooatlonof remises must De(Oven.Give-Oren and number,when possible.If place t0 be licensed is located In a town of Iur.I..`-district where it is impouible t0 give Streit number,the lot and blotltnumbe,Or prof' WOO when,located mint be given,)" • City: Count c) a//to Zip Cos:/fir "e/ey—t (die, o !/L/T!C-1 ' e' /t /poeAr p a/ 4.Mailing Andrew purhtiet and Strad City or Town; State; �Cour 25"/47 g7<<4 67.02,6/07 foS d 8t / B. If these premises ere now licensed,answer the following: '-'' Trade Name of EItabIiahment(DOA): . State Ucenw No,: Type Of License; 'Expiration Date: KEY COLUMN A STATE LOCAL KEY ...- _.._ . _ STATE CODE ..FEES ._FEES' " CODE COLUMN a" - -. : FEES 20 ❑'RETAIL LIQUOR STORE LICENSE-GM( $177.60 522.60 31 Q WNOLESALE LIQUOR LICENSE 1poono 20 ❑RETAIL LIQUOR STORE.LICENSE.County 262.50 37.50 32...0 WNOLESALE.6EER,LICENSE - -60040 21 [J LIQUOR LICENSED DRUGSTORE-City' 177.60 22.50" ' 38' Q IMPORTER'S LICENSE(Vinou(&So3vteou:Lipuor)24.00 21 ❑LIQUOR LICENSED DRUGSTORE-County 262.60 37.50 oa Q.NONRESIDENT MANUFACTURER or ' .260.00 22 0 BEER&WINE LICENSE-CIty' 162.60 2250 IMPORTER(Malt Liquor) 22 ❑BEER&WINE LICENSE.County 237.60 3750. 27, 0BREWERYLICENSE_ • 260.00 25 QCWBLICENSE QCity []County 110.00 16.00 26 ❑WINERY LICENSE 260.00 23_.Q.NOTEL&RESTAURANT.LICENSEOCItyDCoumy30126. 45.75.- 43-,Q LIMITED WINERY-LICENSE - - - 26,00 40 ®TAVERN LICENSE CI City ®County 301.25 48.75 26 ❑PUBLICTRANSPORTATION LICENSE Beath 25.00 42 Q RACE TRACK.LICENSE. City °County ' 301.26. 44.76. . 41. QARTSUCENSE-Ocity- []Grimy'.:. ., -170.00 16A0•.> .. Q OTHER(SPCIWl (Change of corporate structure,location,trade name,ren.wal,etc.) 890406 Pepe 1 04 a,.)9r ° e YES- NO O. Is the applicant:or any Of the partners:or Offirn,atockthoiders ordirectors of said applicant(if•corporation); Z. or manager;under the age of twantyone vnrs? -. , . �, .. ❑`.. 7. (a)Has the applicant;or any of the partner;or off kers,stockholders or directors of said appgant Ofa corporation) ever been convicted of a crime?If answer N"yes;"explain in dwell. .. (b)Ho persons lending natant"or financial support tees epplicanT:or the manager,or anrpioyeee;ever ban -.-. convicted of•piny?If answer is"yes,"explain In detail. - - 0 B. Hr the applicant;or any of this partners:or offian,directors of nockholden of sold applicant()f•oorpor•tlon): Or manegr;ever. sees (a)been anled.nalcoholic bever.s.lioww? (b).had an alcoholic bevarsge license suspended Or revoked? 0 (C)bad interest in an entity that had en alaenw)q berets license eWDended or awned? ❑ If answer is"yes."explain In detail(Attach squats sheet II naasary.) 9. Has liquor liana for the premises to be licensed been refused within the preceding two yen? ❑ . . 10. Are the premises to be honied within 600 het Of any public Or parochial school,Orcrew Orate*ampir of wry college, university or seminary?If answer is"yes."explain In dwell. ❑ .. ... :....:. ... �... .. ,:...:_....a,r «,.::. ..__. — _.._sees.._ 11. Does raid the applicant or any of the partners;orotflan.Oincton'or stockholders of old epplkant(If a Corporation),have.direct Or indirect interest In any Other Colorado Liquor license(include loan to Or from any kern,r interest lol a)oen to any license)? newer If newer is "yes,"explain in detail. sees _... - 12; State whether the appllanT has legal poaaa,ulon of the p/wn4e by vlrtueofowneMip or under•ieese.If Sneed,lac •: ..:. name arid address of landlord end teen of lase: gain 13, Identity the persons,firms or corporations who nosy or will have,•financial Interest,evidenced either by loans Or equity ownership in the ttuatneafor which this licenu'Is requested,Stater a names and addresser;and the amountendsourceOf such financW Interest expressed in dollreor other items Of value,such as inventory,furniture or aquipment;.(Is„bank,relatives,friends,previous owns,etc.).the separate sheet if napery. NAME ADD11CS5 �_ . .I INTEREST) 14, wt the names and*clams or all llgyor businesses in which any Of the.Wrswis In the Previous Question are notionally Interested. (Use s.drate sheet if necessary.) NAME f BUSINESS AOORESS o LC a Attach copies of all notes and eedurfry ialamvmenb,and any wrleunrapvwnwlt of de n of any oar gesmw 1,hywhbh awy erasers(Malang•' oorporaties) will*we,1n she profit or grow point of this etabl&un.mt and any apes.*Sating to dui busies wallah Is aentlg.nt repo- dkbnd in any way by!Own,profit,ales,giving of Woks or oawltation. i Pen of4 ._. .. . .:.:...,._ .. ._sees,, ..,. ........._.,._..�.. .-,._,:. .,_-_..._:,...._.9..,..-04/.�,-....,....=_:e�.. 6 INSTRUCTIONS 1)Cheek the appropriate box for the type of license(s) being applied for on page 1. If you are applying fora retail license described in Column A, contact the Local Licensing Authority to obtain alt local procedures and requirements. 2)You may attach separate sheets or additional documents`if'necessary to fully complete this application. Copies may be accepted (other than application) if signatures are evident.All documents must be type- written or legibly printed in BLACKink. 3) IMPORTANT:.For those retail licenses described in Column A on page 1,this application and all support- ing documents must FIRST BE FILED IN DUPLICATE WITH AND APPROVED BY THE LOCAL AUTHORITY. Application will not be accepted unless all applicable questions are fully answered,all sup- porting documents correspond exactly with the name of the applicant(s) and proper tees are attached. 4) Form DRL 4O4-I, "Individual History Record"must be completed and filed in duplicate by the following a. Each applicant b. All general partners e. Over 5% limited partners d.All officers and directors of a corporation e. All stockholders of a corporation not subject to the Securities and Exchange Act of 1934. f. Over 5%stockholders of a corporation subject to the Securities and Exchange Act of 1934. -_ g. Operating managers h. Each person required to file form DRL 404.1 must submit fingerprints,to Local Licensing Authority. 5) NOTE:License status will not be given over-the telephone. License will be mailed to the Local Licensing Authority upon issuance. OATH OF APPLICANT This application is to be signed by individual,each general partner of partnership and by corporate applicants. I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments-thereto, and that I know the contents thereof,and that all matters and information,set forth therein are true,correct and complete to the best of my knowledge and information; and I agree to conform-to;all applicable statutes and all rules and regulations promulgated by the Colorado Department of-Revenue in connection therewith, INDIVID ALS AND ALL GENERAL PARTNERS OF CORPORATIONS SIGN HERE: PAR SHIPS MUST/1,5'6N HERE: fi , . ,. 1 By (President:vice Presklem,or Secretary) DATE: 3/20/89 - DATE: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS,IMPORTERS,WHOLESALERS`DISREGAREfTNISSECT.ION). - The foregoing application has been examined and the premises, business conducted and character of the applicant is satis- factory, We do report that such license, if granted,will meetthe reasonable requirements'of the neighborhood and the desires of the inhabitants, and complies with the provisions of Title 12, Article 47, CRS 1973 as amended, THEREFORE THIS . _ APPLICATION IS HEREBY APPROVED. DATED AT Greeley this 10thday of May ,A.D.t9 AT Weld County (Name of Town,City we County) (May elan f B of coy Sa yet otny�C�te of the s`ehorfty) ATTEST: ,e (Clerk,sec of- other officer o �!.b rwl having the off=Of the 1kfite Ity) - -(If the premises are locatedwithin a.town_or.city, the above approval should be signed by the mayor and clerk,if in a county, then by the chairman of the board of county commissioners and,the clerk to the board,.,lf,by ordinance or otherwise,the local . licensing authority is some other official,then such approval should be given by such official.) Local Licensing Authority report the following pertaining to each person required to file form DRL 404-1: FINGERPRINTED&SUBMITTED - BACKGROUND N,C.I.C.&C.C.I.C.CHECKS Yes(71 No CI Yes ©. ' No 0 peen,of 4 an ^mow 8904 15. Liquor Licensed Drug Store applicants.answer the following: YES NO (a) Does the applicant for a Liquor Licensed Drug Store have a Drug StoreLicense issued by the Colorado Board of Pharmacy? 1f answer fa"no,".xpiain In tletail: - ,., .. Q. !0 (Oils the applicant,or does the applicant for a Liquor Licensed Drug Store employ a Pharmacist"regutereo In the State of Colorado? ,© ❑., If"yes,"give License Number: 16. Club Liquor License applicants,answef the following:' (a) Complete Items 20(a)through WEBS(0. . - - (b) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political o.,athletiepurpote end,not icrr a. 0 pecuniary gain? IC) How long has the club been'incorporated? (0) How long hatapplitant occupia0•the premises to be licensed asa club? (Thrwveararequired,h:% . .. .. - .. 17, Colorado Manufacturer Or applicants,answer the tollowino: ` ` ' Cr (a) Does the applicant own,lease'ot operate any Colorado warehouse or storage plant in Connection with this business? . . Q ❑ If answer is"yes,"gin full address:if"no,"explain in detail. (0)Does the applicant have an active surety bond for the payment Of liquor excise taxes? ❑. ❑ If answer is"vet,"give amount and name and address of Insurer:if"no,"explain In detail, (c) If the applicant is a wholesaler.does Or did any owner,part Owner,shareholder,director or officer have any direct or indirect financial interest in a wholesaler,reaper,manufacturer or importer already licensed by,t a State of Colorado O C to sell malt,vinous or spirituous liquor?If answer is"yet,"attach explanation in detail, '' - - - -- (d)Does the applicant have a valid Federal Basic Permit?If 7yesrialyeCh4 copy attn.permit:if"ner explain in detail, C: ❑ 18. Nonresident Manufacturer(malt liquor)or Importer(Ault,vinous or spirituous liquor)applicants,answer the following: (a)To what Colorado licensed wholesaler do you intent toship'your merchandiser ' -.`. - (b) If the applicant is an impOMr or manufacturer,does or did any Owner,part owner,shareholder,director or officer have any direct or indirect financial interest in an importer,manufacturer,wholesaler or retailer already licensed by tile' O O State of Colorado 10 sell m■1L vinous Or spirituoulli0uor?l emwer'ie yes,•'a tuch`expfanafiori in`deteil, - (c)Does the applicant have a valid Federal Basic Permit?If,"yet,"Much a Copy Of the permit;if"n0,"explain in detail. O 0 (d)It the applicant is an importer or manufacturer,are you the orimaty sourae of-supply in the U.S.? l-.l ❑ if•'n0/'exPisin in deteiL.., 19. If the applicant is an individual or partnership,answer the col:owing:{simian separate sheet if-necessary,) (a)Name of individual name and class Home-Address,A' City and State: ' ; Data of Bitch: —ofaxhosnner:Ikiry L aiewit'e . 39er�lit-I /- 6 /e710 e'—s (bl Name of Operating Manager: Home Address,City and State: - Ore of Birth; - (ci When did said partnership Commence doing business?(Attach a copy Of the partnership agreement,except as between husband and wife, end trade name affidavit.) 20.if the applicant is e Corporation,answer the following: Oats: —''(al Corporation is organized under the laws of the State o1: lb)Principal business is conducted at: County of: - State of: (c) Date Of filing last annual corporate reponto the secretary ofaaie; Name of each officer listed below: Home Address,City and State: Date of Birth: President: , , Vice•President: Treasurer: _ Secretary: Operating Manager: (e) List all stockholders:include actual owner or pledgee.(use separate sheet if necessary) -- ., •— Name of stockholder: Home Address,City and State: , %of stop% Date of firth'. (f) Name of all Directors or Trustees ,. — of Corporation: - Home Address,Cit./and Stater • Oats of Birth: Page 1 of 4 a-.-P • • '�Nfifiat II w,il I DEED OF TRUST THIS INDENTURE.Made Mist; dat'd,IARCH -, ,19R•9 .b,n.een It :Henry L. Walter: ir whoaeadressfs 2570 8th Avenue ,. I Greeley, co RneR1 ,i Ihereinafter referred toes grantor.and the Public Tauter of the tour; of is Weld ., , Stare 4f CWdruk,,4rcnkder referred to as Whin Tnswv. 1' I NTTNESSETR.THAT,WHEReas. Henry I.. Waiver 't 1 dba Bears. Inn . j; has executed a pmmiuory note or notes.hereinafter referred to in the singular.third MARCH R, 1989 ,for the I I pnitcipal sun.of wwwww C 72,Dot).fin «**** DolWs.pnabkt the order of ;; Cache National-"Rani: of Greeley i1 I whoseaddra.is P. A. Box 1257, Greeley, CO F10632 'I w w after the date hereof.with interest thereon fpm the date thereof I II at the rate of ** percent per annum.payable ** II I I**ACCMRDING TO THE TENOR OF SAID NOTE, AS HERETOFORE OR HEREAFTER 11 IMnniFIED. I, III II I IIAND WHEREAS.The grantor isdesinws of securing payment ofthe principal and interest ofsaid promissory note in whose hands soma the said II note or any.ofDommS'he.,;•:., • ' . NOW.THEREFORE.The grantor.in ecosideratinn of the premises and foe the purpose aforesaid.does hereby gram.bargain.sell and convey I unto the raid Wblic Thane in nit forces.:the:Alexin% described property.some in the County of I Weld .Sued Colorado,to wit I'Lot 5, Block 11 , FIRST ADDITION TO'•ARLINGTON PARK, in the CITY OF GREELEY, Weld County, Colorado, according to the recorded ;map or plat thereof. . I t II 11 II �I II ;, I • , !1 .t.olo"111bYnxotrndnumbrM 2519 8th :Avenue, •G•reeley, CO 81$31 ' Ij • II,I .TOHAYEM9TOHo:.Dnhe were.together with ill and sin Wthe vile Fn 1f. Fhep. m,.moaunenters.tereonanPng:gtad.inorandera.tMf iaidaoteoraauhi them,mwntoh widnmemanyoftltem,.r,am•pore thercnt.amthc p{tmamtofthe ontcn'st tlerevn.axstdmganMtcnoradcReaof 1: iI said note ceany'ofthem.n.ore,co payment Manytonvc prior ensglv.n cm:principal or own..ifany.orineasedefauhshael legal bolder of censor malarial I Or breach of any ofthc ten.. .COfdllgns.a nVenanU or ayrecnellln conta contained,the beneeciary'menin or the balder of the indebtedness i' I. secured hereby nut doctor. , violation Maly of the covenant.herein contained and elect ai antenlse said retpery for sak and demand such sale.then, •e j: upon filing weir&suet osaien ad demand foralesetthitte'PubbcTnnan.whoUWlwmreceiptMraMnoticeofelunkmaadnnandfmWeeause •Ii stony tithe mine to he,ec, dedin the mmik•L Write o the enmity in wine.vodreal mfr.is anuala..itshall and tey,hefrwfu1 for thebbbhcTrustee Ii to sell and disposeof the same ten mane orinwc nnieparcels,astheaad'WNMTlustecmaythinkbest).atdalltheanght.tilkaldinereatofthegnma, f1 1; p Du XXXXXXXX �. his heirs or assigns therein.at public' at ibex In'XieNIXONOf the COALHotde.M O.CAmty,of We 1 d I II .Sete of Colorado.oron said premises,or any pan rhrreof aanw•be sfccified in Ow notice ofsaldsak.for the highest and hest price the ; anon will bring in cash.four weeks public notice having been previously given of the same and place of such wk.by advvnuoment.weekly,in some i i i i newspaper of general circulation Atha'time published inlaid County of We 1 d .a otpy of which notice shall be mailed 11 within tan dtb s nom the dale of de lint publicsuoe thereof to the grantor at the address herein given and to loch person or perees appearing to hate i; t I acquired a subsequent record Owen in said real mute at the Alden.OM,In'the recerdod imlrumcnt whew only the county and Nate Is given as the , II address then such notice shall bemaikd tithe County son.and m mah and givctothepunhuacrrepurchrendofsuch(rnperm at such tole.aceniMoe I Or certificates at Writing describing such property purchased.and the sum or sums paid thcn4a:and the rimrwhat the porch:net or purchasers tmother :: II parsonentille4 thCrete)shalt he entitled to a Wed ordeeo.tremor union unPl«mefhall:b n'Occred b is reawded M•lac andv..dPoblicTruu.•c shag. '. I1 uptrdempadtiy the permu.:r moan.holJag the sudprtiheauarvniucaleaoflpw1rcbaw.whets said d. land ninade.or tern okmaM hythe pawn I' II entitled to adtcdfo and I,'.boe pnryunyf o"ch:ucd.ai the.tiny inch Atoms'.,,tink..'Iv unlu for tWunr. nhaving arlpind' ma.eaai twos to'nth person or pastels a decd R.uews h the has.propcny raarchred which so. Oecd OTdeed•.shah oe m P. ?dinar, torn of a call:gales:a d shall be I .lgn.d.acknwledged and delivered hv the,mid Public Dunce and C.;onto+.awwivhum.attuch r.. a,-e',rar.•mnkdti sigh Ocod,the rad 1 pr pony purehu.cd as aforesaid and.:l the right lick..own'M.berm liNNflrt'of na4rlplh.n el to a-.mot e,1, two.axmu anient therein.and shall recite the sum or sums for which the saidrmpeny Wilk MO and sisal.,r•rr n.'re power Mwlcdater gr,6.1W1. •Ma.saw sak.a tale Amide M•♦mac thereof:and it rand•or an assignment of.two gentian,Or cennl n,•. ..:purt'harte.w in italic. the MI.mptnm of such)w.oiertw by a sulgeouem ,'I encumbrancer.such:assignment or redemption.hwil aim.h. 'elms • ns such deed.*weds:hut die nMa:of wk need nor,h. .et out a whom'a I' deco.and the lwMic Trustee'hid.,.wnnt the Mit:redswMalian?Miv.'•.,•e,oiler rrnt paying am"Aliening all lees.Charges amt Costs t/makingv.MWe. ' .: pa, iodic beneficiary hNmul..k„nd.ekg,al lonyt of isal note the pint toe.and lnww,t the,w.mod MOW an'coding l..UM:score and eta nereof.Yd all 1, I I moneys advanced by such henehenon'or legal M,Ider,t OW fate i.e ansonmee.Imes and tnara.mem..with meter,Them..-t• percent per ' i; annum.rendering the overpius,it any.unto the grantor,Ms legal nnx pmahvos or armpit., uen,%i ad or a w e sakht. da re uues ordeemade thall be a I. perpetual bar.both in haw and equity.apiarist the grantor,hoc heirs and augO.,Willett other persons claiming the wittpntpeny.or any part thereof.try. '. ,� from,thnigh or under the grantma man. •einenl.The holder t."ptlarsol said non ormum n,aypuatne said pnpvnvOr any Min u.cleof:"dm ahall new be 6Migatory time the twieth air or plwwha.en al imbeich.wk 10 WC ti'the application at the purchase money,Ii a rclnew deed be mound.n as agreed that the grantor.los hens a assigns.will poi the eapsrne•tenor. . '. •If in Denier.m ain'Cty and." " . ' . . " r. Nth 342A,key.244.nano•.tLuis,',NNw Irate.with Ow Oa Mr near, aneaaanMa,. lie Na n •.411 a Ate•.•la feelte.Ma M ra—'I .,'!, am 1.x7 ,'• 153ehAFLd2(REM 147) p�� • X4426... Ana'the;ramie.for remmel(ard his hetn,personal nfptnenia.ves or assigns a nvnnts and agrees to and with the Public Trustee.that at the time of the ans.:And,a and delivery of the.e patents he t.'*ell tanned of the uW land and tenemmtu in fern ntple .etdet.e goodright.tut poser and lawful authority to Fait.bargain.sell an.:sonv.Nthe vane to the manner and form avairausi:lot..$. (ally aMah.Muwty waving and releasing all main ad elanw Ise may nave to or to cal iwWa,wnenwnA.a,..:Mtdwry as a Hhmwswad 1LWttlpatn.,r other ew'nptya,sn eratd by vim*dtany an of Si General Assembly'tithe State ofColred°.tamans-semption under and by virtue(deny moot the Untied Sp cCrongtest,now misting.wwkwhmay hereafter oc passed in Mahon thereto and that the.anw arc wee and ckat of all liens and encunuwtwus whitest,except • Nf1NE and the above bargained property in the quiet and peaceable possession of the Public Trustee„his successor and assigns.against all and every pers nor ponons lawfully claiming of to claim the whole or any port thereof,the grantor shall and will Warrant and Conner Defend. Until Payment in full of the indebtedness,the granter shall timely pay all taxes and assessments levied on the property:anrand all amounts due Ott, .ittount .r principal and interest so t or ma Oa any woke eneun*rances•irony:um!will keep all improvements that may he on said Gods insured against..ny eaxualty loss.including extended(..sense.in a company orthmpaaies..tnrering..sew nat•twral'm0ttrumCnn of he bcncdctary hereof in an amount asst less than the then total indebtedness.Each policy shall gonuina.W.a MOW enema rtebareneiary a mortgageeanMsb&t farther • ptnvide that the insurance may ran"e canceled upon k.,s than ten Jays written nuticetowthe be:eneiary,Arthe tpuonoftie Wartaat.tbcorlgbnlpolicy' or policies of insurance shall be.:c11vcred to the beneficiary as bother security for the indebtedness,Should thegrontor fail ro insure and deliver die policies aria May Cases Grantsmen as the same fall due.or to pay any amounts pm/Weapon sanorencumbrancet.if any the beneficiary may make any • such payments or procure any such insurance.and all monks so paid with intend thereon et the ma of SF per.annum shall be added to.and become a pan of the iniebiedtwss securedby this Deed of Trust and may be paid out teethe proceeds of the saleof the property if entpoidbv t ecanton In• addition.and at its option,the beneficiary may declare the indebtedness.caucd hereby and this Deed of Trust to be in default for failure to preemie insurance or make any of the payments required by this paragraph.. • (fall or any pan of the property or an interest therein is sold iw(randened by the mentor widwutberreneiatv's prior%wden consent.excluding(a)the creation of a ben or encumbrance subordinate to this Deed ofTtwr.fbl the creation of a hmcmawy,se uritvmterestfor..household appliances•to)a transfer by devise,descent or by operation of law upun:dw death Of a joint tenant or'Id1 the grant of any les•ah.Id interest of three)ears or less not containing an option to purchase.beneficiary may.at beneficiary'soprion.declare all the sums secured bythis.Deed ot'hust tots immediately due and payable,Benefice v shall have waived such option to acxktate it.prior to the sale artransfer,beneficiary and dwpenooeo whom the pmpartyis to be sold or transferred mock agreement in writing that the Medic of such person is satiate:tory to beneficiary and that ate Spat prynble on the saes second by this Deed of Trust siuli be at such rate as beneleiury shall request AND THAT IN CASE OF ANY DEFAULT.-Whereby the nder. nght of foreclosure occurs bereu the Public Tame.et the holder of saidnera air ccrtiticate of purchase,shall at once become ontlticd'to the possession.use and enjoyment°Rile property aforesaid.and to the rents.issuetaad proms thereof.from the accruing of such right and donne the pendency of'foreclosure proceedingsand the perod of redemption.if any them be:.attach a•.ession shall at once he delivered to thePuhlic titmice emcee holder of said note Orcernnute of purchase on request,and on fennel.the delivery of such possession may be enforced by the Public Trustee orate holder of said now oreertilcateofpurchase by any appeopiaaecivil suit orprocee ing,aed the Public Trustee.or thu holder of said note orcvertificate of purchase.oranythemot shall he entitled to a Receiver.tot,said property and of the rams, issues and profits thereof.after such desalt;including the ginecovered by foreclosure proceedings and nu period ofmmmpeon•if any dwrebe.andshall be entitled thereto usa matter of right without regard tothe solsencyorinwlve eyo(the gmntor«athheewe ownetof sad progeny and without neesrdto the value thereof,an such Receiver may bee appointed by anycouttoftwnpetentjuruditxwn upon mt pane application and without DOOM—notice being hereby expressly waived—and all man.issues and proms.income and ream*Nerefnom..shall be applied by such Receiver to the payment of the indebtedness hereby secured.according to the law and the orders and directions or the nun. AND.That in caw of default in anvofsaid paymentsof principalet interest.according to the tenor ondetfectofsaid ptomissory note aforesaid.orany of them.or any part thereof,°rofabmachor violation of any of the oovenantsoragreenswheroin.by the grantor.his personal repneseemdw;aorassigns. then and In that case the whole of said principal sum hereby secured.and the interest thereon to the timeof thesale.may ant, the optonofthe legal holder thereof,become due and payable.and the said properly be sold in the stunner acid with Ow same effect as if said indebtedness had matured,and tax if foreclosure be made by the Public Trustee.an atvmeysrfee of dm sum at a reasonable amount in doles for services in the supervision of said foreclosure proceedinpt till be allowed by the Public Trustee seaport of the costtof foreclosure.and if foreclosure be mode through the courts a reasonable attorney's tee shall be taxed by the court as a pan of the cost of such foreclosure proceedings. The singular number shall include the plural.the plural the singular,and not use of any gender shall he applicable to all genders. Executed this 8TH day,of MARCH 19 at.- -4 AT[L1Tt H .nry L. r'� leer (stud ,,. State of Colorado la. County of - Weld Jr Tlr foregoing instrument was aeknoadelged Mabee at this day of .19 b,Henry L. ,Walker Witness my hand and seal. Mycommissionexpires y .. r +1..i!w .. � � �. . 1 sass ,a � E. F S O $. 0 V O $ .1 a Mv • 1 I • I .. . _...� . .DR01o1.I(1Aq _.. . .... _.... ..... _. __. _._ . . ,•. COLORADO DEPARTMENT OF REVENUE UOUOR ENFORCEMENT.DIVISION INDIVIDUAL IlISTORY RECORD 1375 Sherman sheet Denver,Colorado 80261 To be completed by each individual applicant,each general and over 6%limited partner of a partnership,each giber,director,and over 5%stockholder of a publics corporation,and the manager of the applicant. NOTICE: This individual History Record provides basic information which ia newsy for the licensing authorities 4wwtigatbn.ALL questions must loo answered in their entirety. EVERY answer you give will be checked for itstnAMmdnws. A deliberate falsehood will Jeopardise the application ere such falsehood within Itself donethuts svldsnosregarding th:oharao sr arid-rsputatlon of the applicant. . , 1. Name of Buenas: oar: Social leeway Number:j VC 2. Yae.PUB tM.s.j Irvffia dS.)„ cleft (mSdsn nnwnWiwne.an) LiJQ/P. ��llu. / Li�itrf 4.)Mailing Mess: (0 ddl emseet 7rom nwr&ia) Henna TWaallor ;tj j efk Q,1r11" 330 7398 3945.C 47/cf. 4 n e/ey�c fd .,- edL ;y 0. Is your re.t0ano.:. .. I�OWIC0 0 RENTED/ If rated.ImreWNm? 7. Doe Mefts: Plod" ;. f - ,..: a. u.S.GOt.n? PI /i if naturalized.earns..: Ntsn: tin a Us Dela Coat ,. Nwnf xatlon Carteret No.: Ono of C.Atto.w 4 an Silerio leNiers Pmeem ion CardNo4 Pwmmen[Rwkeno.Curd S. 9. H. t Weight Solt Color. Eye Color: Sex:: / Rapt 10.00 you Here&Colorado DWMa Lionel rya.-g�nrY.n0 -. d An" Sfrulrt fi4 I e lie/e• /Etat. \ vEs ❑No P fro3>� 11. Whet la your nYoon&Wp to the oppliasittl pole owe p0mw.=Me row.Ar.ONr, libOder at mfQN): CA1.0 On )11 PV 12. Its %ldfit.Naves of Shwa Owned B.nend114 of of Record: Percent of Outetwalm0 StpetOwned: 13.It Pane.atm whits: Percent of Partnership,Berwedny Owned: 0 GENERAL In LaerED 14.Name of Pmsatt Employer: 15,Typo/rime a Employment 10.Adders of Buess.s Wham Employed:grew and awls,thy,■taa,lip) Ousts T.lepllone: Ste-Xi/ .77.7art 17.Preterit Poston: /1z41JPee 10.WAS Mite: 10.Neytwo Spa:(include mraac_i IfappkaWy !f'r4//M" C VGevo ZVet rd 20.SpwwYDer.a Bhh:., .. Spoor%Plw,a.&Mw; . ..„ -. �Z_$t C/."f"rc 21.Spouse'.residence address,if different then yea Wee attest and number,tlp,eaa.2t� 7 22.Spouse's Present Em Oompetlerr - Se1.1 f asa1rr ems` r�•jQ[4 ears' 27.Minn co Spouse'.Proem .. n VI JC gen S4. e tier en . . .. 2e.us the morels)of all wads nn°inlbellSor industry.Ow char: Relator r - Nan.orRer - -Rolao t$o Yaw, `-"Poetanhak I'Newer inployer Leaner oEmeleyr. COttTAlut�•t�1LREYEASIEAIDE- _. pp. au k% 8.9o4 6 26.0o you now.or non you ear held■dsct a MOSS interest M.Slaw or CantoLiquor sawn Ifni.?Dyes,'err rMNtmiL . y EVES C]NO 3. ? /Sere Leval( pPtri't .1 ø &átar • 26.Do you row.aMmyou mow IS.Sector karat tarsal n allover orbs Nana.:a been eopby.dina0groraMaMMudbutencunidnl the SIMot Caatlo7 Nytn,'dssMb,Md.S. O YES 27.Have youwow beer eaMerd dvamn:deed.MOdsened.0or.dOepoSedon,inked a au.Nalded..MMa adeWMd WAY ddlowuvoroe CVVNhwy count(Oo ra include traffic Malone.woe My msuMso M suspension or nwodar ofyour dev.h 6awa oryar We aernteted of SMOG eke MMlorm aaboMlob wap...)..NNtiotw_MderN: DYES 26. Mum youW mead Nointion'oda,suspensbn or rovotadon*aliquotI .Maaton,a been denied.a liquor or boor keys mayflies iMeta, If yogi watt tri ❑YEsnlo E 20.Haw you evsheld a pwnbOn4 a coming Icons a mind a FederalGwnbbp Salt? hsroC• Wk nN fd bass : ... - . .. •. YES Eipse0 SUMIFsdral: Vac Gy:. Stall: SwrF.dral: _ Var. DIN: . .... SO.MNt.y Bich:{crank);.. . .. from: ..Tor SMN No.: type of claasvOsc'_.. 31.HJat al rw«aee wnrefouNam lived to the tat the yen.(Amor'woe Gnat ear.y) Swan and PONS I Clb.saw.Zl From: to; L. 39es 3/st l��l. '6 nr , a / iral .. . , _ sees.. 32,Wt r tame empigyar.at brnaaergaged In within the leEIlve yes.(Aural wenM shoe N Menserl.) Nero a.mployw. Address:(street,number,ay,wart tip) Position Hold: Ron,: To; ituirenyitfierer o7S`SG ///4 z2ser Gre'% ew v /9SCi'' /?6'/• • ..efireti.s. 77 75"/7 8/h'- l'/r��s aufKr / (?17‘, -• r2j S).List M hams and mach Inum or ocernmsaolon Wan own prsoneIn an vouch br your trod are rk Now M XM.Son with tue applioaton, Mann of tsIn : Addna:(asst,nre ta,dry.not zip No.&Vera*roam: �Ct�Ir r'S et74. /Ape, ///Aat.e /` err .,Qsee s!L(rriic:er - /772, !//' tt 4r'rr/ ,z-4 f'<s/' OATH OF APPUCANi I declare under penalty of$r4ury In the second degree that t have read the forepoIng-at piicaion and all attachments thereto,and that all lnlormation therein Is two,correct and complete to the best of my knowledge. • tin" ee690406 trod: , �,>> .0 Y^_�`'__� 0 yd.., teme 64+ C Lo,5e A rem o- 1 I r 6 4 indite ge4P.0004C Poo r4"%. Fxa i lie„3:axdc (dot u! 5 P t A 1 f uii�o.c G Y Pf Roo vA { K . th f _ et? . WaskP>,s �, i�a,n< i ><-r (� ale % - • • lAff liated PROMISSORY NOTE (No Consumer Dedosures) Henry L. Walker dba Customer Number Note Number �W a Number ;.en !ITT r e, !IPP•'e inn Ff.r,F , A /? aeA I •AOAr.nr„ Note Date(Mo.Da.Vt) Maturity Date(Mo.Da.Yr,) interest Rate Face Amount - n3/n^iRn n5inr/05 t' Srt^ ' ,7F,nnnsen (For Bank Use Only) - MAKER,Jointly and severalty.it more than one.promises to pay to the order Of ahn t)atinrtrl Rink Ar (;raninv P, n. Rix 1,57. Grnnlny, !;n rtnFz2 in accordance with the Payment SChedule,the amount o4$ *tin) neiR nil", (Fate Amount)with Interest on the unpaid balance from the Note Date attne Interest Rate.Unlesssoonerpa d,theenlivebalanceofprincIpal And interest shall be due on the Maturity Date. .�_FIXED RATE. The rate OR this note is fixed at the Interest Rate indicated above, VARIABLE RATE. The rate on this note is the (Bank) Prime Rate adjusted Prime Rate Is the Banks base lending rate as announced by the Batik lromt'ne to time at its sole discretion.At any given time,the Bank may make loans at above Or be/owIts prime rate. NON-REVOLVING LOAN. Monies may be advanced under this note in one or more advances up to the Face Amount iMCCated above. —REVOLVING UNE. Maker may,from time to time.draw monies under this note,part ally orwholly pay outstanding borrowings,and rebonpw,so long as theIobs:rineipai outstanding at any onetime does not exceedYae Face Amount indicated above. PAYMENT SCHEDULE. Principal and interest shall be payable as follows: MONIES NAY SE ADVANCED UNDER THIS NOTE IN ONE OR MORE ADVANCES UP TO $782000 UNTIL MAY 8, 1989. INTEREST ON THESE ADVANCES WILL BE DUE-ON APRIL 8, 189. AND MAY 8, 1989. THE BALANCE OF THIS NOTE AS OF MAY 8. 1989, WILL BE REPAID IN 72 MONTHLY INTEREST AND PRINCIPAL PAYMENTS BEGINNING JUNE 8, 1939 Interest may continue on each sum paid to apply on the principal of this not.until payment is received in collected funds 'Raker shall have the privilege Of prepayment in any amount at any time without penalty Partial payments Shall not excuse or postpone subsequent installments, At the option of the holder,the unpaid balance of this note and all other Obligations of Maker t0 the holder,director indirect.absolute Or contingent.now eating or hereafter arising,may become immediately due and payable without notice ordemandif(a)any payment required by this note is not mace when cue,(0)adefault or event of default occurs under any ban or security agreement or other instrument executed as security for or in connection with this note. (c)any warranty. representation or statement made or furnished to the holder by on behalf of Maker In connection with this note proves to have been:arse m any material respect when made or furnished,(d)death.dissolution.termination of existence.merger.conablldation.insolvency.business failure,appointment of a recerverof any part of the property ot,assignment for the benefit of creditors by.or Me cornmancementot any proceedings under any bankruptcy or rsolvency law by against,Maker Or any guarantor or surety for Maker(such default not having been previously cured),(e)the holder at anytime n good faith believes that the prospect of any payment required by this note is impaired,whetherotnot such belief is Caused by any act or failure of any Maker or of any endorse.guarantor or accommocalgnperlyof OrOm this note(hereinafter referred to as any other signer-).After.maturity Or upon detaus.:the outstanding principal balance plus accrued interest.even if reduced t0. judgment will draw Interest at the pro-default Interest tate in effect on the date of default plus 18 %per annum until paid.Payments shell be applied Bret 10 interest accrued to date with the balance credited t0 reduction Of principal, Any payment required under this note not paid in full within 10 days of its due date may without prior notice,be assessed a late payment charge o1 %of the amount of such payment. Maker and any Other signer waive demand,presentment,notice of dishonor and protest,and assent to any extension of postponement of the time of paymentandfor to the addition or release Of any other party or per son primarily or seconcany liable andrao the release of any collaterelwhich maybe given tortilla note.NO waiver*, any payment or other right under this note or anv loan or security agreement in connection nerewith shhall operate as a waiverof any Other payment or right.earning right of offset.If the holder enforces this note upon default.Maker or any otheragner aheji pay or reimburse the holder for reasonable expenses inputted in establishing the debt,collecting the amount due and in realizing on any security therefor,Including reasonable attorneys fees. Notwithstanding the full payment of all obligations due to Bank under and pursuant to the terms Of this note.in the event of the bankruptcy.either voluntary or involuntary,or any other action of Insolvency Or debtor relief In witch any one Or more of the makers hereof maybe involved pursuantofederal cratate law.under such terms and conditions as to cause any payments made by said maker to Bank to be deemed a preferential or voidable paytnent,then in that event,the co-makers hereof shall remain and shall be full and completely liable and obligated to bank upon demand for the repayment of any sums which Bank may be obligated to make to any bankruptcy court,trustee in bankruptcy,receiver or other third party pursuant to any such bankruptcyor insolvency laws or previsions phis interest at the rate herein set forth from the date of notice t0 the date of payment.Thsprcvisgn shall be applicable notwithstaMMg the prior payment IntWlOfWdcbligaticns,decyaaltatlonof this note,and/or the release of any Collateral which the Bank may have held to secure the repayment of the obligation represented hereby.The makers hereof acknowledge that this Agreement is a material part of the consideration in exchange tor which lender has agreed to extend the above-seamed meat toe cndatpap rates and upon the terms herein set forth. This note shall be construed under and governed by the laws Of Colorado.If there is more than one Maker,all of the provisions of this none shy apply to each and any of them.Maker represents that the primary purpose of this transaction Is Sur.f nes: By signing this note.Maker acknowledges receipt of a copy hereof. '/t • • tits Henry L. Walther• • MAILING ADDRESS 251S 8th Avenue, Greeley. CD 80631 15323-AFL-s(REV 9.87)PROMISSORY NOTE 820406 OMonfort Montort.inc. Corporate Offices P.O.BoxG Greeley,Colorado80632 (303)353.2311 TO WHOM IT MAY CONCERN: Please consider this as a most sincere pleasure to offer a recommendation of Mr. Henry Walker. I have known Henry for a number of years and have always found him to be honest. sincere. and dependable in every aspect of both personal and professional life. He is a proud and devoted family man and truly a pleasure to be around. For confirmation of the above or any additional information. please feel free to contact me at any time. 4ZiJt Randall C. Geist Vice-President By-Products Divison ROG/ma 890406 .� • } ' Sta". 4j'.iiy -• ) tax. Q ,- BROCK,WATKINS&SCHOMMER JAMFS A.OROOK Q 1►. .° CERTIFIED PUBLIC ACCOUNTANTS DAN�OAMMER 122011TH AVENUE:SUITE 200 GREELEY.;CO 80831 (303)352-1700 March`8.`1989 To Whom It May Concern: This letter is to recoaalend Henry Walker. I have known Henry for 16 years as a client and friend. He has always exhibited the highest business and moral standards during that time. Henry has owned .and operated taverns in the Greeley. area -for 17 years and I •do`cnot,-hesttate to reconnend him for a liquor license. Very truly yours. ly ernes A. Brock Certified;Public Accountant JAB:sms • MEMBER$OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 4? 4✓: } �MJ SXVy •t.�'My3lHrefAT<� c'', Baoc ;WAnuws &Sc ►►oMNi6 R aAMes 81°C1( CERTIFIED-PUBLIC ACCOUNTANTS LEE WATMfNS DAN SCNOMMER 122011TH AVENUE.,SUITE 200 GREELEY, CO 80631 (303)352-1700 March 8, 1989 To Whom It May Concern: This letter is to recommend Henry? Walker. I have known Henry for • 16 years as a.ciient and .friend.. He',-has always exhibited the highest • business and moral standards during that time. Henry has owned and operated taverns in the Greeley area for 17 years and I do not hesitate to reco+mnend him for a liquor license. Very truly yours. Dan,Schooner Certified Public Accountant DS:sms • • • • MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS , - 46 • 0 a s p d05 m sin j a4 e a W v rag 3. d �a $` < $ ffi \ 1.6i op pa Tx 0 � 7i.P4 C•4 0 nes rnnr 'wee Wgd$d ES '4. rr+ .... Krwn 'rs d 7•.+,.. { 1 � { L O _y 4 y ,4 f{��..'��ryryfj,��JJ��yy �k „,,,k11.^P , )j J K iT*i. V Y'k d 4Im lm M 4 1 k!t ,,, Y 4n ;• 1 yM,ar�' ii. F 'flr^dapr r ti, ,�€ ,M `r M ,,e A .� r W LL r E' :F I ° � —� is ' is 41Y• $ 11 . � w a o !Y �t , azz " ► a IM7 FIH 'J� �' }, r: 00 h1 4� y yr 4.rrr I ! z ay li �Y;• , 7 $U] ' ` = Z.. .i—1. eL Ly a g a 890406 HEARING CERTIFICATION DOCKET NO. 89-17L RE: TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON A public hearing was conducted on May 10, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy • Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison The following business was transacted: I hereby certify that pursuant to a notice dated March 29, 1989, and duly published April 5, 1989, in the Platteville Herald, a public hearing was conducted to consider the application of Henry Lynn Walker, dba Bears Sports Saloon, for a Tavern Liquor License. Lee Morrison. Assistant County Attorney, made this matter of record. Mr. Morrison noted that the application was reviewed by Bruce Barker, of the County Attorney's staff, and found to be in order, and that Commissioner Kennedy had made an on-site inspection and found everything to be in order. Henry Walker, the applicant, came forward to answer questions of the Board. He stated that he currently holds a 3.2% Beer License for this establishment and has received many comments from residents of the area favoring this change. No public comment was received concerning this request. Commissioner Brantner reviewed the criteria to be considered in granting a Liquor License and moved to grant this license as requested. The motion, seconded by Commissioner Lacy, carried unanimously. This Certification was approved on the 15th day of May. 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS _ ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder n and Clerk to the Board-) / C.W. Kirby, Chai n BY: \/ C�'j* ,44 4-I L-Ica--;L-Ita./ EXCUSED veputv County Clerk Jacqueline Johnson, Pro-Tem ,r ,2*.2 Gene R. Bran ner George Kennedd Cor ac TAPE 4/89-19 DOCKET 4/89-17L L00009 890406 HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT ?454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 10, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby. Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit 11454, issued to Weld County Disposal. Inc., c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison stated that this hearing was continued from March 22, and he reviewed the items the owners were to have accomplished by this hearing. Keith Schuett, representing the Planning Department, stated that an inspection by his department revealed that the areator system has not been completely installed and is no • op rat onal. Mr. Schuett said an inspection by the Health Department revealed a new violation, which has not been an issue of this Show Cause Hearing. During discussion, it was determined that this hearing would consist of two parts: the first to determine whether the operation is in compliance with the items outlined in the Resolution of March 22; and the second to determine if there is probable cause to schedule a Show Cause Hearing concerning the new violation. Mr. Schuett reviewed the findings of the Planning staff's inspection. Wes Potter, representing the Health Department, said his department's inspection showed that the berms have been constructed in compliance with the County's instructions, and that documentation has been submitted and reviewed concerning the construction of the pond liners which arc completed and are acceptable. He also said that intake reports indicate compliance with the intake restrictions under which they have been operating. Robert Gebler, Attorney for Weld County Disposal. Inc. , made comments. Tom Cope, of Total Engineering, Inc. , explained that the aerator system had been placed, but testing indicated a few necessary adjustments which are now being made, and that the system should be ready for inspection by 4:00 p.m. , May 12. Howard Duckworth, principal owner of Weld County Disposal, Inc. , explained that they have been working very hard to get everything installed and explained some of the delays which have occurred. In asking for public testimony, Chairman Kirby requested that comments be confined to those items contained in the Commissioners' Resolution of March 22. Tim Trostel, a neighbor. voiced concerns about the noise made by the pump operating the aerator system. There was much discussion about methods which might be used to lessen the noise of the pump. Commissioner Lacy moved to continue this hearing to May 17, at 10:00 a.m. , by which time the aeration system is to be installed and operating. Commissioner Brantner seconded the motion and said he would like discussion concerning a muffler system for the pump continued to a later date. (Tape Change #89-20) Mr. Schuett commented that the 890407 �L o Y/7 e Page 2 RE: SHOW CAUSE - WELD COUNTY DISPOSAL system needs to be installed in time for inspections to be conducted prior to the hearing. On a roll call vote, the motion carried 3-1, with Commissioner Brantner voting nay. Commencing the second phase of this hearing, Mr. Morrison asked Mr. Gehler if the applicant would waive the customary 10-day notice for a Probable Cause Hearing. Mr. Gehler asked to hear the concerns today, but wanted to have time to prepare a response; therefore, he said he would not waive the right to notification. Mr. Morrison advised the Board that they could hear the complaint, but their only possible action would be to set a date for a Probable Cause Hearing. Mr. Potter said the Health Department has discovered the improper disposal of oil and waste materials in a pit, in violation of the Development Standards; and feels that there is a consistent management problem at this facility, evidenced by oil around the receiving pit and on the ponds. Mr. Trostel testified that tumbleweeds blown from this area are oil and wax-soaked, and that birds die after being on the ponds. Mr. Duckworth commented concerning the management of this facility, and said they intend to use vacuum trucks to remove oil and paraffin from the ponds this summer. Commissioner Brantner moved to set a Probable Cause Hearing to consider new violations for May 17, at 10:00 a.m. Commissioner Lacy seconded the motion. Mr. Gehler agreed that this would constitute sufficient notice of said hearing. The motion carried unanimously. This Certification was approved on the 15th day of May, 1989. APPROVED: / ' • BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Boa C.W. Kirby, Choi n \By: / ZVellil / _- e y F1 EXCUSED Peputy County Cl rk Jacq ine Johnson, Pro-Tem /R f fQell - ene R. Brantner George Kennel Gor . ac$ TAPE #89-19 & #89-20 DOCKET #88-48 PL0447 890407 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 15, 1989 TAPE 489-20 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 15, 1989, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner C.W. Kirby. Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board. Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 10, 1989, as printed. Commissioner Kennedy seconded the motion, and it carried with Commissioner Johnson abstaining because she was excused from said meeting. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the Certifications for the hearings conducted on May 10, 1989, as follows: 1) Show Cause Hearing, Duckworth, dba Weld County Disposal, Inc. ; and 2) Tavern Liquor License, Henry L. Walker. dba Bears Sports Saloon. Commissioner Brantner seconded the motion, and it carried with Commissioner Johnson abstaining because she was excused from said hearings. ADDITIONS: There were no additions to today's agenda. Commissioner Brantner requested that he be excused from the meetings of May 17 and 24. It was the consensus of the Board to grant this request. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Brantner seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Lacy, reporting on Engineering Services, said the Trucking Division has graveled approximately 177 miles of roads and hauled approximately 5,700 tons of gravel. He reported on the Mining Division, saying that two scrapers are working at the Hokestra Pit. Commissioner Lacy, reporting on the Bridge Division. said work is being done on Bridges 34.75/3A, 36/5A, and 86/27A, and work on Bridge 46/55A has been completed. He concluded his report by saying that borrow ditch cleaning is occurring along various roads. 3C COO 9 WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $165,216.22 Social Services 148,388.49 Handwritten warrants: General fund 525.00 Commissioner Kennedy moved to approve the warrants as presented by Mr. Warden. Commissioner Johnson seconded the motion which carried unanimously. BUSINESS: OLD: CONSIDER PY '89 JOB SERVICE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN (CONT. PROM 5/8/89) : Commissioner Johnson moved to continue this matter to May 17. Seconded by Commissioner Lacy, the motion carried unanimously. NEW: CONSIDER CHANGE OF OWNERSHIP FOR 3.2% BEER LICENSE TO METRO OIL COMPANY, DBA VICKERS, FROM RONALD AND NORITA HIATT, DBA ROAD RUNNER #283: Joh Stonbraker, representing Metro Oi1 Company, came forward to answer questions of the Board. Commissioner Lacy moved to approve this Change of Ownership for a 3.2% Beer License from Ronald and Norita Hiatt. dba Road Runner #283, to Metro 011 Company, dba Vicker's. Commissioner Johnson seconded the motion which carried unanimously. CONSIDER RENEWAL REQUEST FOR 3.2% BEER LICENSE FROM EUGENE RUSSELL, ABA THE LITTLE STORE: Sgt. Bill Spalding, representing the Sheriff's Department, said there have been no liquor violations at this establishment during the past year. Commissioner Johnson moved to approve the renewal of the 3.2% Beer License for Eugene Russell, dba The Little Store. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER RENEWAL REQUEST FROM 3.2% BEER LICENSE FROM C. RAY AND ROBERTA HINDERLITER, DBA 1-76 MOTEL & CAFE, UNIT A: Sgt. Spalding said there have been no liquor violations at this establishment during the past year. Commissioner Brantner moved to approve the renewal of the 3.2% Beer License for C. Ray and Roberta Hinderliter, dba I-76 Motel & Cafe, Unit A. The motion. which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE FROM C. RAY AND ROBERTA HINDERLITER, DEA I-76 MOTEL & CAFE, UNIT B: Commissioner Johnson moved to approve the renewal of the Tavern Liquor License for C. Ray and Roberta Hinderliter, dba I-76 Motel & Cafe, Unit B. Commissioner Kennedy seconded the motion. and it carried unanimously. CONSIDER 1989 MIGRANT HEAD START SUPPLEMENTAL GRANT AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said this application includes a 1% cost-of-living increase. Commissioner Lacy moved to approve said Grant and authorize the Chairman to sign. The motion was seconded by Commissioner Kennedy, and it carried unanimously. Minutes - May 15, 1989 Page 2 CONSIDER ADJUSTMENTS TO COMMUNITY MATERNITY PROGRAM CONTRACT AND PRENATAL PROGRAM CONTRACT WITH STATE DEPT. OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN: Dr. Randy Gordon, Director of the Department of Health, explained these adjustments to the Board. Dr. Gordon said, due to a lack of funds, the Maternity Program Contract must be decreased, and there will no longer be home visits after the baby is born. He said there will be an increase to the Prenatal Program Contract. Commissioner Lacy moved to approve the adjustments to said Contracts and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER PETITION FOR TAX ABATEMENT FROM ELMER E. LUNDVALL: Phyllis Newby, of the Assessor's Office, presented this matter to the Board. Dick Keirnes, County Assessor, said an error was made in his office concerning this property; therefore, he recommended approval of the abatement. Mr. Lundvall was neither present nor represented. Commissioner Lacy moved to approve the Petition for Tax Abatement from Elmer E. Lundvall. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER AMENDMENT TO FY 1989-90 ALTERNATIVE PLACEMENT PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Johnson moved to approve this amendment and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER VETERANS SERVICE MONTHLY REPORT FOR APRIL, 1989, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy moved to approve the Veterans Service Monthly Report for April and authorize the Chairman to sign. Commissioner Johnson seconded the motion, and it carried unanimously. CONSIDER AMENDED FIRE CODE FROM LONGMONT FIRE PROTECTION DISTRICT: This was heard as the last item of business at today's meeting. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 380 AT WCR 67, WCR 50, AND U.S. HIGHWAY 34: Commissioner Lacy moved to approve this Resolution concerning the temporary closure of Weld County Road 380 at its intersection with various other roads. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 31 BETWEEN WCR 88.75 AND 90: Commissioner Lacy moved to approve said Resolution concerning the temporary closure of Weld County Road 31 between Weld County Roads 88.75 and 90. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER AMENDED FIRE CODE FROM LONGMONT FIRE PROTECTION DISTRICT: Lee Morrison, Assistant County Attorney, said the Longmont Fire Protection District is requesting that the Board approve the enforcement of this Fire Code within the unincorporated areas in its District. Mr. Morrison said the Weld County Building Inspection Division has reviewed this Amended Fire Code and has no objection to the Board granting its consent. Commissioner Kennedy moved to approve this Amended Fire Code and grant the Longmont Fire Protection District authority to enforce said Code in the unincorporated areas in its District. The motion was seconded by Commissioner Lacy, and it carried unanimously. Minutes — May 15, 1989 Page 3 RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:20 A.M. a APPROVED: 1Qb IAA:?A.1 f",u'4V) ATTEST: f BOARD OF COUNTY COANISSIONERS (� WELD COUNTY, COLORADO Weld County Clerk and Recorder . and Clerk to the Board-, C.W. Kirby, Cha an r ' BY, �'J ��rr7� � t_ • �.�. , yr G _ Deputy County Clem ac ueliJohn n, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner George Kenned P t ` Gordo' cy Minutes - May 15, 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, May 17, 1989 Tape #89-20 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of May 15, 1989 ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: PRESENTATION: 1) Recognition of Services - Henry Estreich DEPARTMENT HEADS AND 1) Gene McXenna - Social Services Director ELECTED OFFICIALS: 2) County Council Member COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present oxygen, acetylene, and gases - Various Departments 2) Present laundry bid - Various Departments 3) Approve removal and stumping of trees - Road and Bridge Dept. BUSINESS: OLD: 1) Consider PY '89 Job Service Contract and authorize Chairman to sign (cont. from 5/15/89) NEW: 1) Consider Seniors in Industry Older Worker Proposal and authorize Chairman to sign 2) Consider request from Myrtle Cubbison to preadvertise Special Review Permit 3) Consider Contract with UPRR concerning installation of Automatic Crossing Signals with Gates on WCR 16 and authorize Chairman to sign PLANNING: 1) Consider Correction of Condition of Approval of COZ - Melvin Rahm 2) Consider Resolution re: Building Code Violations - Snyder Oil Company; and Lyco Energy Corporation 1 CONSENT AGENDA APPOINTMENTS: May 18 - Placement Alternatives Commission 12:00 NOON May 22 - NCMC Board of Trustees 12:00 NOON May 22 - Private Industry Council 3:00 PM May 7.3 - Health Board 9:00 AM May 23 - Housing Authority 11:30 AM May 23 - Communications Board 2:00 PM May 24 - EDAP 7:00 AM May 24 - Meeting with Larimer County Commissioners 12:00 NOON May 25 - Human Resources Council 8:30 AM May 26 - Centennial Developmental Services Board 9:00 AM May 26 - Extension Board 11:00 AM May 29 - HOLIDAY HEARINGS: May 17 - Special Review Permit. Open-pit mine and materials processing facility, C & M Companies (Distel Farm Resources) 10:00 AM May 17 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal, Inc. (cont. from 5/10/89) 10:00 AM May 17 - Probable Cause Hearing, Howard Duckworth, dba Weld County Disposal, Inc. 10:00 AM May 24 - Preliminary Hearing, Casa Grande/Enchanted Hills Local Improvement District 10:00 AM May 31 - Amendment to USR 4726, Vacate Development Standard #4, Ralph Nix Produce, Incorporated 10:00 AM May 31 - Amendments to Weld County Zoning Ordinance 10:00 AM Jun 5 - Show Cause Hearing, Tatum (Cont. from 11/7/88) 9:00 AM COMMUNICATIONS: 1) Public Utilities Commission re: Docket No. 89A-266E 2) Northern Colorado Water Conservancy District - Water Delivery Reports 3) State Dept. of Highways Milestones Newsletter, Vol. 2, No. 2 4) State Dept. of Local Affairs re: Weld County 1989 Emergency Community Services Homeless Grant Application 5) Nuclear Regulatory Commission re: Fort St. Vrain PLANNING STAFF 1) RE #1170 - Francis APPROVALS: 2) ZPMH #1552 - Hanes RESOLUTIONS: 1) Approve Collateral and Plowing Permit #89-2 for Delwyn Northup * 2) Approve Adjustments to Community Maternity Program Contract with State Dept. of Health * 3) Approve Adjustments to Prenatal Program Contract with State Dept. of Health * 4) Approve Amendment to FY 1989-90 Alternative Placement Plan * 5) Approve Amended Fire Code from Longmont Fire Protection District * 6) Approve authorization for County Attorney to proceed with legal action - Building Code Violations PRESENTATION: * 1) Recognition of Services - Henry Estreich * Signed at this meeting Wednesday, May 17, 1989 RESOLUTION RE: ACCEPT ADJUSTMENT TO CONTRACT WITH THE COLORADO DEPARTMENT OF HEALTH CONCERNING THE COMMUNITY MATERNITY PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN 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, on the 20th day of June, 1988, the Board did, by Resolution, approve Contract No. C 377160 with the Colorado Department of Health concerning the Prenatal Program, in the amount of $9 ,000. 00 , and WHEREAS, the Board has been advised that the Contract award for the period of July 1 , 1988 , through June 30, 1989 , is being decreased by $2,700.00 for a new total of $6,300. 00, and WHEREAS, after study and review, the Board deems it advisable to accept said decrease to the hereinabove mentioned Contract, a copy of the notification of adjustment being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the adjustment decreasing Contract No. C 377160 for the Community Maternity Program be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Letter of Notification. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989 . c enkc ca ,� BOARD OF COUNTY COMMISSIONERS ATTEST: ,{� i WELD COUNTY, ' COLORADO Weld County Clerk and Recorder gifeec-4- and Clerk to the Board C.W. Kirby, C -Xirman r�FSY�_ �l'vy/2 i i �7�acquE ine nson, Pro-Tem Deputy County ,erk J EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner Gi il/� Georg County Attorney �. Gor on-CE. S; 890423 87-447 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH rr 'Coo 4210 East 11th Avenue ra Denver. Colorado 80220 Phone (303) 320.8333 .- k \,f O ,\.\ April 14. 1989 (� Roy Romer 11' 7 Governor Thomas M.Vernon. M.D. Executive Director Randy Gordon, M.D. .' . Weld Co. Health Dept. 1516 Hospital Rd. Greeley, CO 80631 Dear Dr. Gordon: The Colorado Department of Health hereby notifies Weld County Health Dept. that the maximum amount of reimbursement from the Community Maternity Program, Contract No. C 377160 Covering the period 7/1/88 - 6/30/89 is hereby decreased by TWO THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($2,700.00) to a new total of SIX THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($6,300.00) (Page 3 , Paragraph 3) . The total number of visits is to be decreased by SIXTY (60) visits (Page 3 , Paragraph 2) to a new total of ONE HUNDRED FORTY (140) visits. Please sign and return all copies of this notification to the Community Maternity Program, Colorado Department of Health, 4210 E. 11th Avenue, Denver, CO 80220. A fully executed copy will be returned to you. Sincerely, e T ieien, 11/ Assistant Director Name Colorado Department of Health Chairman, Board of County Commissioners Title - Administrator cc: Terri Yetter May 15, 1989 Date State Controller CLIFFORD W. HALL /k4i1 A L.f , 1;4121071/4- \- Program Approval 890423 RESOLUTION RE? APPROVE ADJUSTMENTS TO CONTRACT WITH THE COLORADO DEPARTMENT OF HEALTH CONCERNING THE PRENATAL PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN 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, on the 24th day of October, 1988 , the Board did, by Resolution, approve Contract No. C 377415 with the Colorado Department of Health concerning the Prenatal Program, in the amount of $70, 672.00, and WHEREAS, the Board has been advised that the Contract award for the period of October 1 , 1988, through September 30, 1989, is being increased by $4, 000.00, for a total of $74,672.00, and WHEREAS, after study and review, the Board deems it advisable to approve said increase to the hereinabove mentioned Contract, a copy of the notification of adjustment being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the adjustment increasing Contract No. C 377415 for the Prenatal Program be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Letter of Notification. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989 . Ue<A4A4&;J BOARD OF COUNTY COMMISSIONERS ATTEST: / "� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, hairman yl e � C4I be �ee J h song Pro-Tem D putt' County Clerk EXCUSED DATE OF SIGNING - AYE APPRO; D TO FORM: Gene R. Brantner t, C.--_ eorge edy -e_eCounty Attorney V. i , , ✓✓✓rte✓ 890422 5'9--/0%� STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH %ci' '4210 East 11th Avenue „ Denver, Colorado 80220 \\ r. Pnone (303) 320.8333 ••e\��r!':/ April 27. 1989 Roy Romer Governor Randymoms,M Vernon.M.D. Gordon,, M.D.M•D• \.ecarve Director Weld Co. Health Dept. 1516 Hospital Rd. Greeley, CO 80631 Dear Dr. Gordon: The Colorado Department of Health hereby notifies we]d Counry Herlfh Dr9r _ that the maximum amount of reimoursement from the Prenatal Program, Contract No. C 377415 , covering tne period 10/1/88 — 9/30/89 is nereby increased by .FOUR tyQ,'SANDrnt4Rs AND NO CENTS(S4,000.00) thereby changing tne following contract clauses to: Page 3, Paragraph 7 $ 74,672.00 Page 3, Paragraph 7i (1) $ 53,004.00 for the period 10/1/88-6/30/89 (2) $ 21 ,668.00 for the period 7/1/89-9/30/89 The total number of women to be served is increased by 0 women to a new total of 150 women (page 1, Paragraph 1 and page 3, Paragraph 7a). Please sign and return all four copies of this notification to the Prenatal Program, Colorado Department of Health, 4210 E. 11th Avenue, Denver, CO 80220. A fully executed copy will be returned to you. Sincerely, Assistant Director Contractor Colorado Department of Health Chairman, Board of County Commissioners cc: Debbie Drew Contractor's Title Terri letter Glenda Cchneider May 15. 1989 Date • �� Y,444, - stat�7°P � D W. HALL 'Program Approval 890422 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH I" 4710 East 11th Avenue ( �$ Denver, Colorado 80220 t w�"i Phone (303) 320.8333 :\'�w�erl/ rrirS April 28, 1989 Roy Homer Governor PRENATAL PROGRAM Thomas M.Vernon,M.D. • �/� �- Eee[ulme Director TO: - ./LC& . pP /,) SITE: ,// a L'�'LGA( �f FROM: Wanda Hardison, Staff Assistant Based on approximately five months of billings, it will not be possible to continue current spending on diagnostic tests and patient care at the current level. If we continue to pay for diagnostic tests at the rate we nave been, we will greatly over—expend our Prenatal budget. Diagnostic tests are running over our original pro)ecti0ns., In oroer to increase contracts, we have had to advance funding from next fiscal year t0 this fiscal year. We have decided to taKe the risk of 'borrowing" from next year in case we need it this year in the hope that Medicaid Expansion will serve additional women next year. Attached is an amendment letter to increase your contract. This amount is all that will be available to you through Sept. 30, 1989. The following shows your original contract amounts, your billing to date, your increase and your new contract amount. This information is based on your bills received thru//1 ^. PATIENT CARE/ADM. ORIGINAL BUDGET: $ 2/5: /BOO No. of Pts. No. of pts. served: Qgfr Total to be served No. of pts. remaining: .c. for the year /SO plus increase: + ,C° NEW No. of pts. remaining: (including pts. enrolled and not billed) Amount Spent: S 029 74 Balance: $ plus increase: + ,cave NEW Remaining Balance: S /J1 rOF DIAGNOSTIC TEST ORIGINAL BUDGET: $ 557 Amount Spent: s /7 910 Balance: s 4, 977 plus increase: + H, pO0 NEW Remaining Balance: s/Cr 977 890422 Page 2 ORIGINAL TOTAL BUDGET: $ 7C. G'79 plus total increases: + 1:// t,(,e, NEW TOTAL BUDGET: S 214 11' 7a minus total spent: - 4//4 98 7 NEW TOTAL BALANCE: S a16, , 7g5 We will only be able to pay you the amounts indicated above. You may decide to utilize patient care dollars for diagnostics or diagnostic funds for patient care depending on your local situation; nowever, you must still stay within the total amount of your contract. If you have any questions, please call. 890422 RESOLUTION RE: APPROVE AMENDMENT TO 1989-90 ALTERNATIVE PLACEMENT PLAN AND AUTHORIZE CHAIRMAN TO SIGN 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, on March 8, 1989, the Board approved, by Resolution, the 1989-90 Alternative Placement Plan, with its effective date being from July 1 , 1989 , to June 30, 1990, and WHEREAS, the Board has been presented with an Amendment to said Plan, which states that the effective date of the 1989-90 Alternative Placement Plan shall be from June 1 , 1989, to May 31, 1990 , and WHEREAS, after review, the Board deems it advisable to approve said Amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment changing the effective date of the 1989-90 Alternative Placement Plan be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of MaY, A.D. , 1989. 17,222, n u BOARD OF COUNTY COMMISSIONERS ATTEST: 6u;"(1-4"^ tt' WELD COUNTY, COLORADO Weld County Clerk and Recorder • and Clerk to the Board C.W. Kirby, C irman BY: _ CA �trio -iv <.•_; A- +:-<-,cri 4ue ne o�son, Pro-Tem eputy County 'erk / EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner George Ke ne . -Q r County Attorney i Gordo act !� p 890421 5S0O\ \ = - ,- . • :'•9 u R 2 WELD COUNTY FY 1989-90 ALTERNATIVE PLACEMENT PLAN The County Plan has been developed by the Weld County Placement Alternatives Commission which includes the following members: Name ORGANIZATIONAL AFFILIATION Barbara Baylis Citizen Paul Branham Law Enforcement Dan Dailey Mental Health Kay Fenton School District 6 Randy Gordon Physician Dale K. Hall Citizen W. Troy Hause Citizen JoAnne Heckman Citizen Alma Linnebur Citizen Eugene McKenna Social Services Amy J. Miller Citizen Norton Nelson Citizen Linda Perez Human Resources William Powell School District 2 Linda Tallman Probation Nancy Varner Citizen Tani Villarreal Citizen Dennis Warnemunde CARE Patricia Whitcomb Centennial Developmental Services The period to be covered by this Plan is- June 1, 1989 to May 31. 1990. The signatures below affirm that this Plan has been developed by the Placement Alternatives Commission and approved by the Director of Social Services and by the Board of County Commissioners. LeUr4/C/iAcSJ 03/41. Eugoe a McKenna - irector of Weld D Dai ey - Chai person of Weld Co ty Department of Social Services County Placement Alternatives Commission gl C. William Kirby - C airperson of The Board of County Commissioners 090421 "0(1(6,o (T1EMORFKIDU ) WI ra Commissioner C. William Kirby Pats May 8, 1989 eounty Board of-Commissioners COLORADO From Gene McKenna, Director, Social Services suojecr. Weld County FY 1989-90 Alternative Placement Plan Bill, Request your signature on the attached certification sheet related to the Weld County Foster Care Alternative Placement Plan. The only change in the attached in the change in the date from July 1, 1989 through June 30, 1990. This date has been changed as you'll note to June 30, 1989 to May 31, 1990. The State Department is changing these dates on a State wide basis. The Plan was previously reviewed and approved by Weld County Commissioner Board Resolution. Thank you for your help. EmcX:mib 830421 RESOLUTION RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING AMENDED UNIFORM FIRE CODE BY LONGMONT FIRE PROTECTION DISTRICT WITHIN UNINCORPORATED PORTIONS OF WELD COUNTY 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, Section 32-1-1002 (1) (d) , CRS, provides that a fire code promulgated by a fire district may not be enforced in unincorporated portions of Weld County without the consent of the Weld County Board of Commissioners, and WHEREAS, the Longmont Fire Protection District has presented a resolution adopting amended fire codes and standards for unincorporated portions of Weld County and requests consent to enforce such codes and regulations in order to regulate conditions hazardous to life and property from fire or explosion, and provide for the issuance of permits for hazardous uses or operations, pursuant to Section 32-1-100211) (d) , CRS, and WHEREAS, this amended fire code proposal from the Longmont Fire Protection District is generally consistent with the guidelines set forth in the Model Fire Code adopted by the Board on September 22, 1986 , and WHEREAS, after review, the Board deems it in the best interests of the citizens of Weld County to consent to the enforcement of the above mentioned resolution, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the enforcement of the resolution as hereinabove mentioned, within the unincorporated portions of Weld County by the Longmont Fire Protection District be, and hereby is, consented to. fi7b- 890420 s D a�Ua`- Page 2 RE: AMENDED UNIFORM FIRE CODE - LONGMONT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989. /9 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, ,COLORADO Weld County Clerk lrk and Recorder and Clerk to the Board C.. y, C airman Y: r7r1r/1r-t , l i, :LAA Ue ne J nson, Pro-Tem )Deputy County Clerk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner Q George en y ounty Attorney Got a 890420 • mEmORAnDUm WIIDc. To Chuck Cunliffe One May 3, 1989 COLORADO From Ed Stoner'', Subject: Uniform Fire Code Amendments for Longmont Fire Protection District I have reviewed the proposed amendments and I see no conflict between the adoption of the Uniform Fire Code and these amendments and the enforcement of the Weld County Building i Code 0 dinance. 890420 • GRANT, BERNARD, LYONS & GADDIS WALLACE M. GRANT ATTORNEYS AT LAW DENVER OPPICC DANIEL P BERNARD SIS XIMSARR STRCET 1601 YORK 5TRCCT RICHARD N. LYONS, 11 J EPPRLY J. NAMN roar OPPICC BOX 976 DENVER, COLORADO 60206 LONOMONT, COLORADO 13031 3D D•1122 J. WILLIAM JR. IZJLpO 6E1pOR•O97p JOHN w. CADDIS DIS LONOMONT (303) 776-0900 �r TNOMA5 J. OVERTON "-" - •• SUZAN D. PRITCMEL DENVER METRO 13031 571.6606 BRETT J. LAMBERT TELECOPIER (303) 772.6106 April 17, 1989 • Lee Morrison, Esq. Weld County Attorney's Office P. 0. Box 1167 Greeley, Colorado 80632 Re: Longmont Fire Protection District Dear Lee: Enclosed is the latest version of the Longmont Fire Protection District's Fire Code. The 1985 edition of the Uniform Fire Code has now been issued. Therefore, the previously adopted fire code must be amended. Pursuant to statute, this code must be approved by the Weld County Commissioners for it to be effective in those portions of the District lying within Weld County. If you have any questions, please feel free to contact me. 6 y yours, t Ric and N Lyons, RNL:jlm LFPD-L.MOR Enclosure cc: Longmont Fire Protection District 890420 FIRE CODE LONGMONT FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATION. WHEREAS, the Board of Directors of the Longmont Fire Protection District have previously adopted the 1985 edition of the Uniform Fire Code in part; and WHEREAS, the Board of Directors deems it necessary to adopt the following code for the purpose of establishing rules of conduct and standards for the protection of life, health, property, security and welfare of the inhabitants of the District; and WHEREAS, The Board of Directors has considered the effect of fire code enforcement within the boundaries of the District and has determined that enforcement of the proposed codes would not cause undue hardship or suppression of economic growth within the District; and WHEREAS, the Board of Directors has studied the necessity for realistic and reasonable level of fire protection to be provided by a rural fire protection district; NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I: Adoption of Uniform Fire Code and Uniform Fire Code Standards. There is hereby adopted by the Longmont Fire Protection District for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain codes and standards known as the Uniform Fire Code, including Appendix Chapters I-A, I-B, I-C, II-A, II-B,. II- C, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, V-A, VI-A, VI-B, VI-D, V1-E, and the Uniform Fire Code Standards, being particularly the 1988 edition thereof modified, or amended by the Resolution of which said code and Standards are now filed in the offices of the Longmont Fire Protection. District, and the same are hereby adopted and incorporated as fully as if set forth herein. The date on which this Resolution shall take effect within the incorporated municipalities within this District shall be the date of approval by the governing board of said municipality and the date on which it shall take effect within the unincorporated portions of Boulder/Weld Counties shall be on the date of approval by the Boards of County Commissioners in and for the Counties of Boulder/Weld, State of Colorado. This Code shall be in effect within the territorial limits of the Longmont Fire Protection District. SECTION II: Establishment and Duties of Fire Prevention Inspectors. Organizational structure and duties of the fire prevention bureau or department, if any, shall be as provided by the District's bylaws. 890420 • / SECTION III: Definitions. Wherever the word "District" is used, it shall mean the Longmont Fire Protection District. Wherever the word "jurisdiction" is used in the adopted Codes and Standards, it is meant to be inclusive of the boundaries of the Longmont Fire Protection District as they now or may hereafter exist. Where the term "Chief" or "Chief of the Bureau of Fire Prevention" is used, it shall be held to mean the Chief of the Longmont Fire Protection District, or a designated member of the District. Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire department or those employees designated by the Chief to carry out enforcement duties relating to the prevention of fires and the suppression of arson. Where the term "Board" is used, it shall be held to mean the Board of Directors of the Longmont Fire Protection District. be to mean therUniforme Building term nCode masu amended ilding Cond ide" ncorporated co porated into s used, it l the Bonder/Weld County Building Code. SECTION IV: Storage of Flammable or Combustible Liquids Above Ground. Boulder/Weld Counties or any municipality. The District may prohibit above-ground storage of flammable or combustible liquids within its jurisdiction upon submission to and approval by, the respective county commissioners of Boulder and Weld Counties of the specific geographic area or areas in which such limitations are proposed to be prohibited. • This provision shall not be interpreted as to conflict with the provisions of § 8-29-101 et seq., and § 34-64-101 et seq., CRS SECTION V: Establishment of Limits in Which Storage of Liquified Petroleum, Gases is to be Restricted. The limits referred to in Section 82.104(a) of the Uniform Fire Code, in which the storage of liquified petroleum gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation adopted by 1 Boulder/Weld Counties, or municipalities. This section shall not be interpreted so as to be in conflict with the provisions of § 8-20-101 et seq. and § 34-64-101 et seq. , CRS. 2 890420 i J / SECTION VI: Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Section 77-106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited in the following areas: municipalities and any area within the unincorporated parts of Boulder/Weld counties within the fire protection district which are not zoned industrial districts as defined by the Boulder/Weld County Zoning Regulation or Ordinance or the zoning regulation or ordinance of any municipality. SECTION VII. Amendments Made in the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: 1. That Article 78, pertaining to a ban on fireworks, be deleted in its entirety and that § 12-28-101, et seq. , CRS as amended, pertaining to fireworks, shall be the governing law as to fireworks within the District. Further, the definition of "fireworks" contained in Section 9.108 and reference to Fireworks in Section 4.108.f.1, be deleted. 2. That Article 2, Section 2.303 shall be amended by the deletion of Section 2.303 in its entirety and by the insertion of the following: "2.303 (a) In addition to the authority of the Chief to modify provisions of this code as set forth in Section 2.301, any owner, lessee, occupant or the authorized agent thereof, of any property, building or structure, or any interested person directly affected by the application of this code may apply in writing to the Board of Directors of the Longmont Fire Protection District for a variance or waiver of one or more provisions of this code where there are practical difficulties in the application of this code. The application for waiver or variance may be submitted to the Board in conjunction with, or independently of, an appeal of any notice or order issued pursuant to this code, statute or this resolution. (b) The Board shall hear all such applications for a variance or waiver and render its decision thereon in accordance with its bylaws, rules and regulations. (c) The Board, upon recommendation of the Chief or upon its own' motion, may enter into written agreements for enforcement or compliance with the owner, lessee, occupant or authorized agent thereof, of any property, building or structure, or any interested person directly affected by the application of this code. Said agreements may extend the time for compliance with this code, and may contain such terms and conditions that the Board deems appropriate to adequately protect the life, health, property, security and welfare of the general public." 3. That Section 2.106 of the Uniform Fire Code shall be amended to read, "The authority of the Chief of the fire district or designated members of the department to act as police officers shall only extend as 3 890420 far as the authority set forth in § 32-1-1002, CRS, or other applicable state statutes." 4. Section 4.108.b.1 and 4.108.b.3 shall both be amended by the addition of a sentence reading as follows: "No such permit shall be required where burning is regulated pursuant to regulations promulgated under § 25-7-123, CRS, and regulated by the Boulder/Weld County Health Department or municipal authorities." 5. Section 3.105 shall be added to read as follows: "This Article shall be interpreted to be consistent with the provisions of § 32-1- 1002(3) , CRS. 6. Section 2.108 shall be amended to read as follows: "This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects or conditions, nor shall the Fire District be held as assuming any such liability by reason of this inspection authorized by this code or any certificates of inspection issued under this code." 7. That the following be added as a new section: 2.206 Inspections. "A. Pursuant to § 32-1-1002(1)(e)(II) CRS, the Board may fix and from time to time may increase or decrease fees and charges , in its discretion, for inspections and review of plans and specifications which are: (1) Requested or mandated for existing structures, buildings and improvements; and (2) Necessitated in conjunction with any county regulation, resolution or condition of development; or (3) Performed in conjunction with the construction of new structures, buildings, and improvements. B. Said fees and charges may, in the discretion of the Board,' include a charge for reimbursement to the District of any consultation fees, expenses or costs incurred by the District in the performance of the inspections or review of the plans and specifications." SECTION VIII: Enforcement Procedures and Appeals. 1. The Chief shall enforce this code and shall inspect or cause to be inspected all buildings, structures, property, premises, and public places, except the interior of any private dwelling, in accordance with the procedures set forth in § 32-1-1002(3), CRS. All inspections shall be recorded in an inspection report. 4 8904W i .1 / 2. A "Notice of Violation or Hazard" may be issued by the Chief concerning violations or hazards which are not corrected on-site during an inspection. Said Notice shall be signed by the inspector and contain, • as a minimum, the following information: a. Date of inspection; b. Name/address of premises inspected; c. Name of inspector; d. Nature of violations, including specific reference to section/subsections of code; e. Date of compliance/reinspection; f. Suggested methods of correction, if applicable; g. Right to appeal to Board; h. Consequences of failure to correct the violation. 3. a. An "Order for Immediate Correction of Hazard" may be issued by the Chief: i . For Failure to correct a violation or hazard within the time specified in a previously issued Notice of Violation or Hazard; or ii. For violating the code or state statute and said violation renders the building, structure or premises especially liable to fire or is hazardous to the safety of the occupants thereof, or which is so situated as to endanger other property as set forth in § 32-1-1002(3) (c) , whether or not a Notice has been previously issued. b. An Order shall be signed by the Chief and shall contain, as a minimum, the following information: i. Date of issuance; ii . Name/address of premises inspected; • iii . Nature of violation or hazard; iv. Time limit for correction; v. Right of appeal , if any, to the Board; vi . Right of appeal to the District Court and time limit; v. Penalties for violation of order; 5 890420 re 1 vi. Signature of the Chief; vii . Acknowledgement of receipt signed by owner, lessee, agent or other responsible person. 4. An appeal of a Notice of Violation or Hazard may be made to the Board by delivery to the Chief in writing a notice of appeal within five • days of the issuance of the Notice of Violation or Hazard. The appeal shall be heard at the next regular meeting or special meeting called for that purpose. The Board may affirm, rescind, or modify the Notice and may enter into such enforcement agreements as it deems proper. 5. An appeal of an Order for Immediate Correction of Hazard may be made to the Board only if no previous appeal has been made of a previously issued Notice of Violation or Hazard concerning the same violation or hazard. An appeal of an Order must be in writing and filed with the Board within three days of issuance of the Order. 6. The Board shall hear all such appeals and application for relief and render its decision thereon in accordance with its bylaws, rules and regulations. 1. In the event no appeal is made to the Board pursuant to this code and resolution or to the court pursuant to § 32-1-1002(3), CRS, and compliance with the Order and/or correction of the hazard has not occurred, the Board may, upon recommendation by the Chief or upon its own motion, refer the matter to the district attorney of the county in which the violation occurs. 8. An appeal shall suspend the time litis for compliance or correction until the appeal is resolved for appeals of a Notice of Hazard which is issued pursuant to Section VIII, paragraph 3(a) (i) herein. An appeal of an Order issued pursuant to Section VIII, paragraph 3(a)(ii) herein shall not suspend the time limits for compliance .or correction, and compliance or correction shall be made or rendered forthwith, unless the Order is suspended by the Board. SECTION IX: Penalties. 1. Any owner, lessee, agent, or occupant of any building or premises maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of § 32-1-1002(3), CRS, shall be deemed to be maintaining a fire hazard. Any person who violates any provision of said subsection 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than 550.00 or no more than 5250.00. Each day in which such violation occurs shall constitute a separate violation of § 32-1-1002(3) , CRS. 2. The application of the above penalty shall not be construed to prevent the enforced removal or correction of prohibited conditions or other injunctive relief. 6 890420 • SECTION X: Repeal of Conflicting Ordinances or Resolutions. fir+ All former ordinances or resolutions enacted by the District or parts thereof conflicting or inconsistent with the provisions of this resolution of the Code or standards hereby adopted are hereby repealed. SECTION XI: Validity and Conflict. The Longmont Fire Protection District Board of Directors hereby declare that should any section, paragraph, sentence or word of this resolution or of the code or standards hereby adopted be declared for any reason to be invalid, it is the intent of the Longmont Fire Protection District Board of Directors that it would have passed all other portions of this resolution independent of elimination herefrom of any such portion as may be declared invalid. It is further the declaration of the Longmont Fire Protection District Board of Directors that no provision of this resolution or the code or standards adopted herein be interpreted in conflict with existing State law. In the event there is a conflict between State law and this code, State law shall take precedent. SECTION XII: Date of effect. • This resolution shall take effect and be enforced within incorporated municipalities and unincorporated portions of Boulder/Weld Counties from and after its approval as set forth in § 32-1-1002(1)(d), CRS. Adopted this 23 day of February _, 1989. LONGMONT FIRE PROTECTION DISTRICT By ieja.i ge-r2 ATTEST: dc--) Secretary RNL:sd LFP0P\LFPDFIRE.00D 02/17/89 7 890420 • RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Snyder Oil Company; and Lyco Energy Corporation, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Snyder Oil Company; and Lyco Energy Corporation to remedy the violations of the Weld County Building Code Ordinance, 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. • fir /� -AfC: 890416 p w457 • Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. /nn/ u WW BOARD OF COUNTY COMMISSIONERS ATTEST: f WELD COUNTY, COLORADO Weld County Clerk and Recorder ter// and Clerk to the Board C.W. Kathy, C airman RY: \�/ ^rir -Trct << , r., % Nei e Jo n6on, Pro-Tem Deputy County Cerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner Cm—k7L-CP George Re ---��-- County Attorney Go L • • 890416 sts (i mEmoRAnDum WineTo Board of County Commissioners oats Pay 12, 1989 COLORADO From Department of Planning Services Sub)aot: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance Builaing Code Ordinance Violations: BCV-1064 BCV-1065 Snyder 0i1 Company Snyder Oil Company 3801 California Street 1801 California Street Suite 3500 Suite 3500 Denver. CO 80202 Denver, CO 80202 BCV-1075 Lyco Energy Corporation 240 N. 7th Brighton, CO 80601 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890416 �µ¢vA�A�� 1�1 • \� �i A 11 • 1 'C. • • ff A i • ',,�,t/Ity-4 ',�1" , ° �rm Jt rt'Till orI/ r 1Q' ,2 It' ) A rt ,l1 d'! t Y�IfU 'jp_ .Aw - v3"'�' r('�.i'w•a i�wu ;,•i.0 'i" v.+2Lew.°1a�.r,'..�' 1/44...,...A....,,-,---� T n ;ain't. 4 . 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Speckman, Executive Director, Human Reso jce Seniors In Industry Older Workers Grant Proposal Subject: Enclosed for Board approval is the Area Agency on Aging's Seniors In Industry Older Worker Grant Proposal to the Governor's Job Training Office, This Proposal is funded through the JTPA Older Worker Discretionary Grant. The amount of the grant is $20,500 for the period of July 1, 1989 through June 30, 1990, to continue the activities of the Senior in Industry Program. Program activities will include classroom training, On-the Job training, GED Certification and Job Club for 45 Jr"' eligible participants 55 years of age and older. Please telephone Linda Piper at 353-3816, extention 3320 if you have further questions. fq'�'• �`y3,{a"S ^ 5." r +'n ,�.,, • o x ; ...:••/4'.,14," eaStv'� •n M e y n' ,�A^�ib rn �te r a 1 ,a.V.,,,,,,,,,,:°:,11,-:`,'::"I'.4a .+„,9;.t,.. G a At ,S3'04'445 #-,'"'",",(10' a• — h y ,. ,�y nAt e,,,,,,. .49-9,- ,:,'f: " r'n M4x'„, ° rlM i , ,....„;4.. ..,, +.a;. �,hcr" . r 4 3 1,. ^� gyp(, ,1 t May 17,E 9'69 ytn w `To Clerk to the Board' ti „ Pr_.,L,iada_Pifer t . Re:- Seniors In, Industry Older Worker " ^ Grant Proposal , ° Enclosed fo• r;.signature are eight (8) copies:of this proposal. • S f Y 4 „• ', , , Please return seven (7) oft .once they ehav' -,- een signed.. '; If;you 'h&ve, any questions, ;telephone-.me at•353»3816.. /'.i,A 690428 SENIORS IN INDUSTRY OLDER WORKER PROPOSAL 1. Statement of Need The Seniors In Industry Program of the Weld County Area Agency on Aging was initiated in 1984 to address the need for specialized employment services for Weld County's older worker population. Since 1984, we have placed 313 individuals in part-time or full-time employment. Many of the placements were the result of direct referrals. Seventy-four (74) have completed one or more Job Training Partnership Act (JTPA) activities with fifty-two (52) applicants entering employment, for a 70% placement rate. The JTPA Older Worker Discretionary money has enabled us to provide training and support that otherwise would not have been available. In March of 1989, United Way of Weld County conducted a countywide household survey using the national United Way Compass Needs Assessment Process. Of the 530 households surveyed, 165 of the respondents were between the ages of 50 and 88 years. Thirty-two percent (32%) of the respondents listed lack of employment or underemployment as a problem area for them. This timely and very recent data is significant and is a serious indicator that the need for the service is greater than we suspected. This is an indicator that a significant number of 50 plus individuals in Weld County have some level of concern regarding their individual employment status. Currently there are 154 active applicants with the Seniors in Industry Program. Seniors in Industry Program applicants continue to fall into the following categories: displaced homemakers with few marketable skills; men who require less strenuous work for health reasons; workers between the ages of 55 and 62 who have been laid off due to economic conditions; workers with outated job skills, or who have been displaced from the land; and workers who need extensive counseling and retraining due to a negative lifelong pattern that has kept them unemployable. 890428 Having the option to offer training and support to these applicants through the JTPA Older Worker Discretionary Program is critical to our being able to maintain the quality of our services, and more importantly, improve the quality of life for these older workers. 2. Objectives of the Program We are requesting $20,500.00 in federal JTPA Older Worker Discretionary Funds to carry on the goals of the Seniors in Industry Program. We anticipate an October start-up date since our current grant will extend through December, 1989. The following objectives were formulated by taking into consideration: past performance in terms of enrollment and placement, a continuing local weak economy, a slight shift in emphasis from past program objectives, and increased employer contacts. We believe the following objectives to be realistic and attainable: - Enroll forty-five (45) JTPA eligible older worker participants in monthly Job Club activities by June 30, 1989 - Recruit and enroll six (6) (included in the 45 above) JTPA eligible older workers for industry training through Aims Community College by June 30, 1989 - Recruit and enroll eight (8) (included in 45 above) JTPA eligible older workers for GED training and certification by June 30, 1989 - Recruit and place two (2) (included in 45 above) JTPA eligible older workers in On-the-Job Training contracts by June 30, 1990 - Place a total of twenty-eight (28) (included in 45 above) participants in full-time or part-time employment for a 63% placement rate by June 30, 1989 - Enroll five (5) Spanish minority older workers (10% of total) in the JTPA program by June 30, 1989 These objective represent a shift from past objectives in that the Seniors in Industry Program will place more emphasis on Job Club and GED options. We will 890428 continue to refer and place applicants at Aims; however, we propose to emphasize the Job Club and GED activity components with the goal of enhancing the participants' job seeking skills. 3. Procedures and Methods for Meeting Stated Needs and Objectives The Seniors in Industry Program provides employment services to Weld County residents 50 years of age and older. JTPA enrollment is offered to those who meet income and age guidelines. The program serves both Greeley and rural Weld residents. The program is administered by the Area Agency on Aging, but coordinates closely with Employment Services of Weld County, which is located with the same umbrella agency as the Area Agency, Weld County Division of Human Resources. Applicants may directly contact the older worker consultant who works approximately 28 hours per week or may be referred from the Employment Services by an intake worker. Each older worker is offered specialized desk-side counseling which involves obtaining a work and educational history and discussing the range of services available to the older worker. These services include straight job referral ; classroom training; open enrollment into GEO classes, offered at the Area Agency Office by Aims Community College instructors; Job Club; and OJT and Internship options, when appropriate. The Seniors in Industry Program is also uniquely situated, because it is part of the Area Agency on Aging, to provide other supportive services such as the Senior Legal Aid Program, Case Management, Retired Senior Volunteer Program, Peer Counseling, and many other possible services. We believe this "one-stop shopping" concept eases the accessibility of the older adult to a wide range of possibilities and services. Potential JTPA participants complete a ten-page application that determines income and age eligibility for the program. Once eligibility is verified, the applicant is enrolled in one or more activities to enhance their ability for ultimate job placement. Initial activity enrollment and subsequent changes in status are entered in the State VAX data tracking system. 890428 The older worker counselor and the Employment Services staff coordinate closely on employer contacts. All job orders are distributed to the Area Agency daily so that each older worker applicant can be considered for referral . Staffing to match individual employer needs and client skills occurs frequently. Each referral is closely coordinated with the Employment Services' Referral and Placement Unit. Ongoing public relations is a key element of the program. Advertisements are placed quarterly in the Greeley Tribune, local rural papers, the RSVP newsletter, and the Senior Voice. Flyers are distributed at human service fairs, senior centers, Senior Nutrition sites, the Food Stamp Office, and the Social Security Office. The older worker consultant makes appearances to talk about the program before a variety of local organizations. A recent addition to the public relations effort is periodic, in-person interviews at two local radio stations, one being a Spanish speaking station. The Area Agency on Aging administrative assistant who is bilingual is being assigned additional responsibility to assist with the minority outreach activities for all Area Agency programs, including the Seniors in Industry outreach effort. The Job Club will consist of three (3) sessions each month. Participants will learn specific job seeking skills associated with the application, resume, and interview process. Group support will also be a key element of the Job Club. Classroom training and GED instruction will be coordinated through Aims Community College. Agreements will be completed on each participant. Appropriate testing will be given to applicants. All GED applicants will complete a preassessment to determine their grade level through the Aims Assessment Center. GED classes will be taught in the Area Agency Office and will be individualized to meet the needs of each student. Open enrollment will allow students to enter at their convenience. 890428 Follow up on each participant will be conducted quarterly to determine progress in relation to educational and employment goals. 4. Plan for Evaluating the Program/Project Performance reports on the Seniors in Industry Program are submitted to the Adult Activities sub committee of the Private Industry Council and the Community Activities Committee of the Area Agency on Aging Advisory Board. However, an additional evaluation component has been recently implemented which consists of weekly staffing between the AAA director and the older worker consultant to review job orders, training status of each JTPA applicant, and potential for employer contacts. These weekly staffing sessions are providing us with timely information to help us develop strategies for increasing both enrollment and placement. 5. Anticipated Outcomes of the Project Outcomes have been stated specifically in Section 2. These targets will be the underlying basis for JTPA activity for the FY '89/'90 proposal . 6. Budget Narrative Instructional Costs: Salary of older worker consultant at 28 hours per week. Equipment: Not applicable Books and Supplies: Cost of books and supplies for participants enrolled at Aims Community College. Transportation: Mileage reimbursement to eligible participants and staff. Other Costs: 2 OJTs at $2,349.00 average cost per participant $ GEDs at $250.00 per student (Aims) Fast Track and Classroom Training for 4 individuals at $750.00 per participant 890428 REQUEST FOR PROPOSAL/APPLICATION COVER PAGE I. GENERAL INFORMATION (for CBOs see II below) School District/BOCES/Postsecondary Institution: Address City Zip Code Level of Program: Secondary Postsecondary Adult State Plan Goal and Objective Number (from RFP) Your Project Title Project Duration , 1989 to June 30, 1990. Contact Person/Title Contact Person's Phone Number Federal Funds Requested $ Local Contribution $ II. COMMUNITY-BASED ORGANIZATION INFORMATION (CBOs Only) Name of CBO Walter J. Speckman, Executive Director Executive Director or Chief Executive Officer: Weld County Division of Human Resources Address 1551 North 17th Avenue, P. 0. Box 1805 City. Zip Code Greeley, Colorado 80632 Phone 353-3816 Title of Project Seniors in Industry State Plan Goal and Objective Number (from RFP) N/A Contact Person for Project Linda E. Piper, Director, Weld Area Agency on Aging Contact Person's Phone Number 353-3816, ext. 3320 Federal Funds Requested S 20,500.00 Local Contribution $ 2,620.00 Note: All CEOs must meet the surety requirement to obtain a bond or bank Letter of Credit if you are a grant recipient. No payments will be made unless this requirement is met. 5 890428 III. CERTIFICATION The information contained in this application is correct to the best of my knowledge. The program/project will be conducted in accord with the proposal, the approved local application, federal and state guidelines, and the Colorado Comprehensive State Plan for Occupational Education. I understand that successful grantees must sign a contract incorporating the REP, the proposal, and the Financial Data Report Form to meet requirements of State fiscal rules. Signature of ief Administrative Officer Executive jljrector. Weld County Division of Human Resources 5/15/80 Title Date • 4J(1/a �'�''�'G" Signature of Person Responthele for Supervising the Project Director, Weld County Area Agency on Aging 5/15/89 Title Date aL2 Officio, Contact Person for this Project Director. Weld County Area Agency nn Aging S/15/8q Title Date APPROVED BY: WELD COUNTY BOARD OF COMMISSIONERS i C. W. Kirby, Chap man 172 ^ ATTEST: / �'f`�((,� e4 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD \By• 6 e uty County Cle do 890428 PROPOSED BUDGET STATE USE ONLY Budget Authorized by:___, Date: (Initial) Name of Applicant Weld County Area Agency on Aging Level of Program: Secondary Postsecondary/Adult X State Plan Goal and Objective: N/A Title of Program/Project: Seniors in Industry Name of local contact person; Linda E. Pier, Director Phones 3,53-3314 x33?0 (Type or print name) Weld County Area Agency on Aging Federal Federal Local Other Funds Vocational Vocational Total Cost Funds Available Funds Funds Provided excl. in-kind Requested Awarded (e.g. , JTPA) (State Use Only I. Instructional Costs: (Personnel, Salary and Fringe) $ 7,282.00 $ 1,620.09 -0- $ 7,282.00 II. Equipment** ($300 or more/unit cost) See budget instructions -0- -0- -0- -0- III. Books and Supplies 750.00 -0- - _ -0- 750.00 IV. Transportation (see next page) 1,270.00 -0- -0- 1,270.00 V. Other Costs (List) (Do not list indirect costs) OJT 4,698.00 - -0- -0- 4,698.00 GED Training 2,000.00 -0- -0- 2,000.00 _ Industry Training - 4,500.00, 1,000.0 -0- 4,500.00 TOTALS (all columns) $20,500.00 $ 2,620.0 -0- $20,500.00 NOTE - IN-KIND CONTRIBUTIONS ARE NOT ALLOWED FOR CONSIDERATION IN THE PROPOSED BUDGET. 9 890428 ti5Tf e1 * An Equipment Information Form will be sent later to recipients for approved equipment items. PLEASE RESPOND TO ITEMS BELOW TO CLARIFY THE PROPOSED BUDGET: II. Equipment - List individual items here vith estimated cost of each: N/A IV. Transportation - Check ( )that which applies. 'A. For whom: 1. Student travel X 2. Personnel travel X (teacher, coordinator, project staff) B. Where 1. In-state X 2. Out-of-state 10 890428 PRIVATE INDUSTRY COUNCIL/NOTIFICATION OF INTENT TO APPLY FOR CARL PERKINS VOCATIONAL EDUCATION ACT 1,0 Eligible Recipient Contact Person Telephone Number 2.0 This institution intends to participate in the Federal Vocational Education Discretionary Grant Program. Certification: A copy of this Private Industry Council Notification Form vas submitted to Ken Nickerson, Chairman, Weld County °rivate Industry Council (enter name of the chai . Private Industry Council) Weld County by: J (Name of Service Delivery Area) (Adminis tor's Signature) LEA: Secondary, Post-secondary 353-3816 5/15/89 (Telephone Number of Administrator) (Date Transmitted) 20 89G428 WELD COUNTY , COLORAD ,nuL 1 PAYROLL FUND CLAIMS WARRANT P.O. & NO. VO. NO . VENDOR - AMOUNT 14324 062437 I UNITED $ANK O)' cpsyuy 2,249.02 14325 062436 WELD COUNTY REVOLVING-FUND 1,394.89 _ 1 SMALL PAYROLL (64 cks) 12,055.67 State of Colorado ) TOTAL 15,699.58 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated MAY 17th , 198 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 15,699.58 . Dated this 17th day of MAY , 192 9 . AWeltl `0�ty Finance L Officer Subscribed and sworn to before me this day of , 192 My commision expires: dy, commission f xpirmsuninK799a III.. Notary Public State of Colorado ) ) ss County of Weld ) . We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the •claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the PAYROLL Fund totaling S 15,699.58 . Chairperson ,�son, Neizetf4ptsa- &wooly\-- 17-EST: Member‘77)2 .:..ncy C erk and Recorder Member --_u- Menthe M4-444a--) SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT F - 1 14320 GLORIA J. GUEVARA 52.67 14321 AMY M SALAZAR 68.17 14322 BRENDA M BUSHA 238.58 14323 JENNIFER R. MDNTIJO 247.87 •NITMER OF WARRANTS 4 TOTAL 607.29 TEE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SENT-MONTBLY PAYROLL TOTAL ON NAY 17, 19 89 . 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C T L I'_ C y x a a '0 OM 1 - O - z O O Z r I n y 0 co - Z y O m r a O c 1 �o a o 0 o r -� z a ` I 4.• n D S Cl 1 t D a K 1 a m b m 1 to x C Ix 0t a y 1 v o 2 o I O a Cl ►. I " c y �+ I C m m 2 • •-• Na m K • 2 to n t ,... .. .. a n n y 73 C m 2 0 o ro .I� - A b S a 1a m C n a a 1° Cl C $ M 17 r• O C a p b q D O m m D b 2 . I% Z N a at m in 1 2 O a' n rn m A a an S A r H O C 2 2 D ►. m C m 0 m m a 2 Co I ►. . N 2 it 73 m Co XK W a z m r m m a I a 2 In P X Z z I• • I a 2 02 C c - , v. • ' 24 A • • • • • • • • • • • • • • • 41 • • • • 0 • 5 ,1111.3 ? 7T2 :" i n 1 J CI C!�;'• BEFORE THE PUBLIC UTILITIES COMMISSION TO T( O\ OF THE STATE OF COLORADO * * * IN THE MATTER OF THE APPLICATION OF ) NOTICE OF APPLICATION FILED THE TOWN OF FREDERICK TO HAVE CERTAIN AREAS ADDED TO ITS ) DOCKET NO. 89A-266E CERTIFICATED ELECTRIC SERVICE AREA IN WELD COUNTY, COLORADO. TO ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS: You are notified that this application has been filed with the Colorado Public Utilities Commission and any person desiring to intervene or participate as a party in this proceeding shall file his petition for leave to intervene, or under the Commission's Rules of Practice and Procedure, file other appropriate pleadings to become a party. within 30 days after the date of this notice. If you do not wish to intervene or become a party, but desire to file comments, you may send written comments to the Public Utilities Commission, 1580 Logan Street, OL2, Denver, Colorado 80203, (303) 894-2070. This proceeding may be processed by the Commission without a hearing if no interventions or petitions to intervene are timely filed. The Applicant shall certify, in writing, to the Commission Secretary, within 30 days after the notice period expires (if interventions or petitions to intervene have been filed) that it desires either to proceed to hearing or 'to withdraw its application. The Applicant shall tile with the certification six copies of- the testimony, or a detailed summary of the testimony of each witness who is expected to testify in the Applicant's direct case. The Applicant shall also file a list of exhibits and six copies of each of its exhibits with the Commission at the time it files its certification. Copies of the foregoing documents shall be served upon all parties to the proceedin4. Each intervenor shall file with the Commission at least 20 days before the first day of the hearing six copies of the testimony, or a detailed summary, of each of its witnesses, with six copies of each of its exhibits, and shall serve copies on all parties. No witness shall be permitted to testify, nor shall any document be received in evidence, except in rebuttal , unless filed and served as provided in this notice. The Commission, if a party does not meet these requirements, may dismiss the application or intervention upon motion filed by any other party, unless good cause is shown. P a s V511 No motion for continuance shall be granted if filed within 20 days before the first day of the hearing, except for good cause shown. The Commission Secretary shall consider hearing dates and places within 15 days after the Applicant's certification has been received and each party shall notify file Secretary within that time of the number of days the party expects the hearing to take, the location where the party desires the hearing to be held, and existing commitments during the following 180-day period which will prevent the party from appearing. If any party fairs to so notify the Secretary of the Commission, the part, wi11 be deemed tohave consented £o the hearing date and location determined by the Secretary. Parties will be notified by the Commission of the hearing date, time and location. Applicants must appear at the hearing and present evidence in support of their application. Other parties may appear and present evidence in accordance with their interests. No exception to the procedure described in this notice shall be made except upon timely motion showing good cause. Notwithstanding the provisions of this notice, if an Applicant files copies of exhibits and a list of witnesses with its application, the above time requirements shall be accelerated. The Commission also may, for good cause shown, provide for expedited procedure by modifying or eliminating any • of the above requirements except those relating to notice and opportunity to be heard. (SEAL) JAMES P. SPIERS Executive Secretary ��(11SSIO,yp� Dated at Denver, Colorado this `C O� 4Mtev '#� 12th day of May 1989.es oft. r ca 1' ti ' q • % /o tow ff O 5235D:lav ....�6..36,.3.ttwi.',..r t . .I{ICIP,L .9801St :C1. I:ORTHERN 441.4RA64 ' :TER COBSERUANC7 21:1:v_T ::IND! OAR A1ER DELI 022'1 '9T -- ;1014TH OF .AIL :069 :ALA"CE -FASFER7 .... 'E;ftEPIES 34LAlaE FEATURE 3i 'UOTA DEBIT SPED:; PREVIOUS APRIL TOTAL -3• FOUDRE PDlEF 0.6 C. 26.1 1.972,3 0.4 5.0 0., 2.24', WON FEEDER CANAL 11,0 C.4 4.0 3,978.9 3,204.1 345.4 :.149.5 3.632.5 TOTAL S 1 V0 0 2' ,973.9 2,873.9 2.804.1 345.4 3.149.5 5.921.22 HOR.EiQ:TH k�rEP..61P, d, i.S�o.o TOTAL . 4804E FLATIRON 4,; 4.0 3.0 0.0 :11,4 0.0 .11.4 d.0 216 t fMPSON RIOEE 4.0 9,6 0.6 0.0 0.6 0,0 0.0 0.4 HAHSEH FEEDER CAN 4.0 0.0 1.0 0.0 5.0 0.0 0.0 4.4 TOTAL +AN'3EN FEEDER 4,RAIAL 1.4 4.4 ;.0 7.0 0.0 ::.0 0.0 U :T PRAIN SUF CANAL I.= 7.2 46,6 3.4 49.4 FT URAIN R_IUER J,0 1.506.6 :.0 6.4 1.0 1,0 4.0 1,546,6 BOULDER FEEDER CA!. 6.1 12,6 16.0 12.6 0.6 0.0 4.6 12.6 BOULDER CREEK 4,4 4.5 3.0 4.0 0.0 0.0 0.0 4.1 TOTAL 3ARTER LAKE :,5 1.`31.8 25.2 25.2 46.0 3.4 49.4 :.528,4 LAKE 0PARE'. 8.524.4 7.353.4- 0.6 0.4 0.6 0.6 0.6 725.5 TOTAL LANE DPAHP4 8.524,2 7,258.4- 0,6 4.4 9.4 0.0 4.4 725.6 3]n CCC C t:t-............6tt:Ctnnnn-" L . , [ - TE.E2CTilErrEttE• ---[CL -ZG TOTAL N6P WATER 2.524.2 4.4 4,404.1 4.004.1 2.861.5 742.8 5,314.3 2.235.4 PREVIC43 ''109 1823ED :1.745.% --ea3a_2AAc :.F I:24Ei' -T ...545.7 V115 ^1UNICIPeL 'a19DISTRICT. ilOPINERN MORADO 'aASER COHSER4NHC'1 DIS.TRIti1 u[RI•v OAF A1EP DEL VERY REPORT -- NNIN OF AFR1L 1999 „H AND :ALANCE TRANSFERS -ELIVERIES 3ALANCE DELIUERV POINT ?-31-61 L'+UOTA DEBIT CREDIT PPEVIOU6 ARIL TOTAL 4.30-9; &reeie , City, nr ? 6 1.227.6 tatte Ri„er Power nuthorit;, 7. 91.0 3.273,9 1.120.1 uTAI - ?OUDRE PIPER J.0 ;,:2$.o 3.979.9 J.0 4.0 ).0 3.0 :.247.7 unheuser Burch 'Ft Colllrs >.905.I 1 351.. 271.6 1.652.7 'x.633.5 Ft Collins. :.ib4 oP :.050.0 :.050.0 0.0 Platte River Power Autnorit.0 73.6 373.0 73.6 446.6 0.0 TOTAL - DIXON FEEDER CANAL 0.0 0.G 0.G 3.972.5 2.304.1 345.4 3.149.5 3.633.5 TOTAL P'RSETOOTH RESERVOIR, 0.G :.326.6 3.9'3.1 3.97a.S 2.204.: 345.4 3.141.5 5."5:.2 a OP - APRIL 1A$9 :.ITCH AND BALANCE tRANSFERS DELIVERIES BALANCE DEEL1VER9 POINT 0-31-8', WON DEBIT CREDIT PREVIOUS 'APRIL TOTAL 4-36-84 Estes P56, Tom c.i 111.4 111.4 0.0 TOTAL ABOVE FLATIRON 0.6 0.i, 0,6 0.0 111.4 0.6 111.4 0.6 TOTAL - 810 THOMPSON RIVER i'.6 0.0 0.6 0.6 0.0 0.0 0.0 O.0 'OTAL - HAHSEN FEEDER CAN 0.0 0.6 0,6 0,0 0.0 0.0 0.6 0.0 TOTAL HANSEN FEEDER i,ANAi 0.6 0.6 .C 0.0 1. O.0 0.6 0.0 G9 3 - APRIL MR :ITCH AND 3ALAl10E 'PAMPERS 'ELIVER1ES &ALANCE DEL:NEP? P3!N; 3-31 PODIA DEB1T CREDIT PPEVICUS APRIL TOTAL 4-30-34 Centta'l weld 44 W4 . ._ , .. 6.4 Lt1 744a4:44 dD :trc N Carter' 7.2 46.0 3.4 .0.4 ;.5 TOTAL 3T URNIM SUP CANAL 0.3 7.2 .2 , ._ 46.0 3.4 4 3.5 loridmont. City 1.506.6 1.504.6 TOTAL - ST °RA1N RIVER 0.0 1.506.6 3.4 3.4 0.4 0.6 0.4 1,5066.6 Lail. and Water iiipply 12.0 13.0 J.0 LeQthand Ditch Ct. 13.0 18.0 ;UTAL - BCULDER FEEDER CA1; 4.6 13.6 13.6 13.6 0.4 ^...G 0,4 13.0 TOTAL - 0i 0EP IE2 0.; 0.6 9,G :!.`u 0.4 0.0 Ii.6 O.i� eCJLI.. tscc+. TOTAL CARTER LNkE 0.& ,.531.3 25. 25.: 46,6 3,4 44.4 1.523.: GP ' APRIL L% OITCN OND c4LANCE "PANSFERS DELIVERIES BALANCE GELIVEP.' POINT ;-331.35 nUOTA GMT CREDIT PREVIOUS APRIL TOTAL 4-30-34 P;rk racer Ccns P'.. [70.; 500.G Ain8u c.gp PGGI ..534.2 ;.353.4- 225.3 TOTAL - .ARE CRAW a.534.2 .350.4- U.G 1.0 3.0 a.0 3.0 725.3 TOTAL LANE °PANT: 3.534.2 7,353.4- a.0 2.0 J.0 3.0 3.0 :25.3 --- -7.a..x»a a _C:*8:23::3:U: xnv.c _2262!2229--9 _7T _ 222]222] —f2C_SZ TOTAL WGP WATER ?.534.2 3.0 A.004.I 4,004.1 2.961.5 :48.$ 1.310.5 3.235.4 PPEUIOUS I4SP ISSUED 11.545.' 92 _2929 OP ISSUED -T-G :1.545. I ' ° 'A1E`+, CC:SER)AHCY DISTRICT a;NlC.tpaL 3uBD(a"R � 4:RTHERN C(.CrFs.� W UINDY Ow,' %ER.CENTAOE OF O OTA GEL1vERED Al END CF APRIL :?C9 T)Tat NET 2ELIUERIES SALANCE 2 9F AUOTA ' cEATUPE AUUTA (PANSFERS PREVIOUS APRIL TOTAL 4-30-39 DELIVERS POUDRE RIDER 6,35'+.C 's."73, 0.0 6.0 0.G 2,347., S.G -11OH FEEDER CANAL 2.731.1 3.5.'3.+ 2,504,1 :45.4 3.144.5 :,633.5 :15.3 • TOTAL -ORSE1OOTH PESERUOIP. 1,130.7 4,0 2,304.1 345.4 3.149.5 :.531.2 34.4 • TOTAL @4';E FLATIRON 131.4 d.0 L1,1.4 J.O :11.4 0.0 d4.7 BIG THOMP'$0t1 RIUEF, 0.G 0.0 0.0 O.G J.O 0.0 0.0 NANSEN FEEDER CAN .0 4,0 4.0 0.0 4.a 4.0 0,0 TOTAL IANSEN FEEDER CANAL 0.0 '.d .0 0.0 4.0 4.0 ).0 yT pwlN SUF CANAL 53.` 0.0 46.:: 3.4 49.4 2.5 n2.5 '.T oAa1$ AMR :,506.6 4.0 0.0 3.4 1.506.6 4.0 • BOULDER FEEDER CAS 2.0• 5.6 O. 0.6 D.& 13.5 , , BOULDER CPEEK 4.4 0.0 4.0 3.0 4.0 J.0 ).0 TOTAL CARTE? LAKE 1.757.3 4.0 44,0 3,4 X0.4 1.523.4 3.1 LAKE GPANA'+ 725.5 0.0 0.0 0.0 4.G 725.3 0.0 TOTAL LAKE ORANEY 725.5 0.0 O.0 0.0 0,0 25.: 0.0 -CCSlC1C1CCC C 1 C G C' G .C 1 CYSSCCC C v CS R C CCCC\C C 1 C TOTALWOP UATEF. 11,545.7 I.!, 2.961.5 343.3 3.310.5 3.235.4 29.6 1 .2rlar- 0'. .e, w6RTNESS .:O ADO HATER CONSER')AN:7 D1STPICT C RRV OVER. • OATER DEL1i,IERy FEPOR1 -- NONTH OF APRIL 1989 BALANCE 7P.ANSFEP":. DELI"ERIEs BALANCE FEATURE B-81-81. 'iUOTA DEBIT CREDIT R9EVIOUS APRIL TOTAL 4-30-2: ROUDRE P1ofP .7.066.: 0,6 `,003.0 0,0 0.4 2.966.5 .966.2 '1.0`+i.i NANSEN SUPPLY CAN 333.; 3,0 ;:,0 0,0 3.0 14.4 :4.4 373.7 D1X0N FEEDER CANAL 16,935., i.6 0.6 9 0.0 2,078.4 2.073.4 3.911.. TOTAL HOPS:TOOTH kcS R90IR _'T E 8.439.: 0.0 ..060.0 0.0 0.6 5.054.0 `.0`4.6 13.334.TOTAL w86VE FLATIRON c78.a 0,0 0.5 0.0 0.; 59.4 59.4 515.4 BIG TNOMRSON RIVER 3,033.7 3.0 375,6 7,100.0 8.508.4 5,656.6 ",:65.0 4.001.5 • LOWER PLATTE PIVEF RI?,; 0.6 ',6 0.0 0.0 0.6 0.0 915.3 ;4ANSE11 FEEDER CAN :24.2 1.0 3.6 475.6 3.0 4.43.9 4993.9 :05.9 TOTAL aaN?EN FEEDER 475.E 7,!:5.6 3.503.4 6,1`.0.5 5.653.9 5,026.3 ;ANAL 4.x76.: LITTLE TAOt;PSON PI 520.; i!.6 0., 0.0 0.0 39.6 39.0 431.; cT CipAIN SUP CANAL \.480.8 3.0 0.0 ;34.0 0.0 364,4 369.4 2.995,4 ST iiRAIN RIVET 6.0522.5 0.0 ;34.0 0.0 O.0 963.2 403.E 4.711.a BOULDER. FEEDER CAN 503.4 3.0 3.0 758.9 393.9 .753.9 1,152.3 508.4 BOULDER CP SUF CAN 225.` 0.0 3.0 0.0 0.0 31.2 31.2 194.4 BOULDER CREEK 3,650.9 ;.0 :.3s3.+ 0.0 0.0 443.4 443.4 5.323.6 TOTAL "ARTER LAKE 19.424.9 3.5 3,2429 :.142,9 393.9 3.105.1 3.499,0 (4.219.8 easu__..._eem.. _ -v vv_v_ee_mvsaa.ee__e --.-...--e s eesmseee TOTAL - ?.IOTA PATER 32.520.0 0.0 ..719.5 8.713.5 3.902.2 14,369.6 :3.271.9 33.150.4 30TAL - PEAL !;ATE; 0.0 0.0 0.0 0.0 0.0 0.0 3.0 (a0 -esa aaseeeaeeeeca`s E .eeeeec _wa'.eeeeevaeasaese a-eareeeeeesss .ec TOTAL 060 HATER ..520.; 6.6 8,713.: 5.713.5 3,902.3 :4.369.6 18.271,9 38.:50.; ?;E' :01'3 (CU ISSUED 56.422.3 :ease-lessee COU ISSUED Y-I-i, 56.422,5 la :*THERM COLORADO HATER CONSERVANCY DISTRICT CARRY OVER aiTER DELIVER,' REPORT -- nOHTM OF APRIL 1439 ?ITCH PhD BALANCE -RANSFERS JELIVERIE5 3ALAHCE 3ELPERY POINT 3.31-8'5 (QUOTA DEBIT CREDIT PREVIOUS =PRIL TOTAL a-30.59 Arthcr 40.6 4"•a Canyon Canal 5.0 5.0 Oreeiev. C!to or 6.374,5 5.00i!.ty _44.4 244.6 1.630.5 jacason 16.5 16.5 Lake Cana, 312.9 513.9 Lorimer Z Held !.343.9 2.7OO1t.0 2 ou.0 643.9 Lorimer County *2 1.130.2 1.130.2 Lti Cache iaroudre 4f,.0 46.0 New Cache is Pauon 2.213., 2,319.1 OW Mercer, 344.0 344.0 ;forth Poore i„ 7 Pot 6riffhn Ca 25.6 25.6 Pleasant Val a Lake 207.4 13.6 18.6 158.5 Poudre hallo) Canal 5.6 3.3 -•° 1.5 Vater Sup a Stor 1.335.S 1.335.5 TOTAL - PCUDRE PI !ER 17.066.4 0.6 5.000.6 0.6 0.6 2966.'8 2.966.5 88.049.6 7rewster Ci H 4.5.1 45.1 Eastman Kodak Co 72,5 72.3 dravesiPVLtC Co 253.2 A.4 6.4 251.3 Perseouie 12,0 3.0 3.6 4.0 TOTAL - HAHSEN SUPPLY CAN 335.1 0.6 6.6 0.0 0.6 14.4 14.4 373.7 . . - 2 APRIL 1939 !TCH 490 SALAIICE "?ANSFERS l,PLII1ERIES BALANCE DELIdf2'; POINT 3-31.39 QUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-30-34 Ault. Town c. 40.5 40.5 Dixon Reservoir C0 61.2 21.2 East carioer Co UD 4.2 0.2 Eaton, Town of 36.7 36.7 Ft Collins. City of 3.329.5 1.216,4 I,216.G 2.613.4 La Salle, Town or ]C'.4 30.4 Miller Trust 0 Miller 28.4 4,5 4.3 23.6 Minatta E 120 12.0 12.0 4.3 Hoe's W R e,4 2.G North weld Co 'WD 7,0 7.0 '>oloier Canon Filter Plant 6.025.9 799.1 ,99.1 ;,.226.5 tate Hoard or Aeric 757.6 +1.5 41.5 716.1 pest Ft Coning ins AD 1325 132.9 TOTAL - DIXON FEEDER CANAL 10.935.4 4.4 0.4 0,0 3,0 2.073.4 2.073.4 °.911.6 TOTAL HORSETCOIN RESERVOIR :5.48.5 0.4 `¶.444.4 2.4 0,4 5.054.6 5.054.6 13.354.9 Said Mountain Water assn 12.7 2.2 4.2 12.5 Crystal Water. COMNIfdd 233.4 6.5 6.2 226.: [VAS Park. Town of 230.0 325 22,5 197.5 Estes 4alIe" Peg 6 Park 25.: 13.1 13.1 7.1 3ottberq R E 6.4 6,0 Hewlett Packard Compare, 15.3 15.5 Heseil-Narrock plater Assn 10.5 4.6 4.6 9.9 Prospect Mtn Water Cc. lric 14.1 1.: 1.2 8.9 ihuncer Mountain slater 20.4 0.0 YMCA of the Rockies 16.4 16.0 ` TOTAL ABOVE FLATIRON 573.5 0.4 0.4 0,4 4,4 59.4 59.4 519.4 COO APRIL i ell :ITCH AND BALANCE 'RANSFEPS DELIuERIES EALANCE DELIVER./ FOIH' 9-31 OUOTA DE6:T CREDIT 2PEVIDUc APRIL TOTAL 4-30-29 2 ert,noud, Town o: 341.C -11.6 261.6 0.0 :ia T a Platte 72.0 22.0 Fig I Ditch s Mfg 125.1 123.1 eoroe Rist 14.4 14.4 Oreeiev. 5ItY o4 5.440.4 2.000,4 5.008.4 7,000.6 0.0 Oreeiev-Lovelard 0,1 1.508,4 1,508.4 0.1 Hand., 1.014.6 335.4 335.4 699.2 dill 3 ??rush 2.7 E.7 Miiistorti :51.5 151.5 dose 3voni" 2,100.0 :19.6 119.6 1,9'80.4 Louden 923.6 923.6 Lovei3nd. City of 479.0 475.6 3.4 outh 'aloe 0.1 0.1 ipruce Lake R/U P3rK 3.0 d.0 uindcli'rf Property owners assn 48.0 43.0 TOTAL - 615 THOMPSON FIVER 2.033. 4.4 475.6 7.100.0 2.503.4 5,654.6 9.165.5 4.001.5 Central Colo CCD 0.1 0.1 Fort Morgan. City of 34.6 20.6 L5wer Lathes 44.0 44.0 Morgan Co Duality eater Dist 2.0 2.G Riverside DA"aP J.Z 0.2 Riverside irrigation Dist 792.4 792.0 TOTAL - LOUER PLATTE RIDER 913.9 0.4 0.0 0.6 0.G C.0 0.0 91'1,9 arkins hater Association 31.4 4.4 1.4 71.0 3uckaorn eater Users 1,6 1.5 1.3 0.0 cuderus ;.4 6.4 7` Loveland, City of 475,5 475.6 4/5.6 orinq Carom 45s District 32.6 7,1 ".1 -5.5 :'elek 6 H (Cottonwood. 3.0 TOTAL - HAHSEH FEEDER CAN 124.2 0.6 0.0 475.6 4.5 4'93.4 493,'+ :05.9 TOTAL HANSEN FEEDER CANAL 4.076.: i.G 475.6 7.575.6 22,503.4 6.150.5 9.655.9 5,026.5 TON ? - MPRIL 1931 DITCH AND BALANCE "PANSPER'3 DELIVERIES BALANCE DELIVER'] P01H7 3-31-39 JUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-24-339 Eider.. 2.S 2.6 2.0 6 I .'elver 63.6 63.6 Eaoie 414.6 40.6 :de i, 3tart.ira 22.1 22.1 Miner k Longer, 15.3 15.3 Hew '._h 193.0 153.4 Rockwell 177,2 36.2 36.2 141.0 TOTAL LITTLE THOMPSOH Pi 524.4 4,4 4.4 0.4 0.4 39.4 39.4 481.4 113nan I L 3.8 3.5 Cetne4 C H 1.6 1.6 Dacono. CRY of :31.5 131.5 Edda (' C 14.6 4.6 4.6 0.4 Cans, 6it'a of 63,5 63.5 e, . r Fires[4rla, i:.n e4 51.2 Hainllne r: F 3.4 2,4 1aee; 6anlc Ina (Loukenon) 93.1 96.6 Irwin d J 4. 8 R 1.7 1.7 ters .,. loan of 125.5 125.5 Laucnii H A 3,: 9.1 0.1 3.0 tonorontt. City of 334.4 334.0 334.4 0.0 Lt1 Thomason MD 4Inc H Carter, ,.374,9 479.5 479.5 1,315.4 Milliken. Town of 20.4 20.4 Ferr ;h :i 25.9 2.7 2.7 24.2 Platte'Hile, Town of 133.6. 133.6 PoloAchak U M 5.5 0.2 6.2 5,3 Reed'Adams/Mailer'. 1.3 1,2 7.5 Etiea "r. - 2allalher L 1.2 3.2 Su:l i n 362,4 362.4 fleece/Vr:eclose 3,9 :'.5 0.5 6.4 TOTA. - :T 'IR4IN SUP CANAL 3,430,3 3.4 4.4 034.0 3.0 369.4 169.4 2,995,4 •'^u - ; - ,PRIL :139 A TCH AND 241ANCE -RAHSFERS. DELIVERIES BALANCE 'AL1iiEP',' POINT ?-31-3: QUOTA DE811 CREDIT PPEVICCS APRIL TOTAL 4-30-39 S1040 Pr'"ate 1,. 1.6 halls '8 Downing 66.4 66.4 Nighi5no 33.025.2 3,423.2 Longmont Suocly 24.6 24.6 Longmont, City cif 1.34J.- ?e4.& 343.2 2243.2 613.3 Lyons, Too 0f 36.2 226.2 Oligarch'. 431.4 2[64,6 260.6 171.4 ? lnerton 16.4 16.4 Pen 73.S 72.5 %ouch 8. Ready 774.3 264.0 364.0 414.3 Swecie 148.4 143.4 Union Ditch 72.4 72.0 TOTAL - ;T JPAIN RIUEP. 6.053.3 3.4 334.0 1.0 3.4 '63.2 '63.2 4.711.6 Boulder. :',') r,: 753.5 2913.+ 753.5 1,152.5 0.0 &eraan Cement. ErtFfpr15F6 :3.0 24.0 Lefthand Ditch c,. 364.4 360.4 :.tar 123.0 123.0 TOTAL - BOULDER FEEDER CAN 543.4 4.4 0.4 753.9 393.9 753.9 1.152.3 303.4 6ouldor S lefthand 152.5 152.5 Boulder 8 tihiterock 3.6 3.4 Boulder Country Cluo 64.1 31.2 31.1 32.5 Diagonal Water r Sanit Dist 3.0 3.0 TOTAL - BOULDER CR SUP CAN 223.4 3,0 0.0 i!.0 J.0 31.2 31.2 194.4 i 011 - APRIL 1939 `ITCH AND BALANCE -RANSFERS DELIVERIES BALANCE DELIVERY POINT 3.31-$, ^UOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-34-2c Boulder a 'deiu 276,c 276. outder. ftv or :,574.3 2.3`3.4 715.4 oal Ridge 15.6 15.0 Bailey R PIumo 40.0 44.0 'Sodding 21.6 21.6 Loser Boulder. 437.6 437.6 North Bldr Farmers 7.$ 7. . Platte Uallev irrigation Co 4.172.0 443.4 443.4 ..723.6 Silver Late 13.6 13.0 omith t Etaons 63.3 63.0 TOTAL - BOULDER (PEEP •x.630.9 3.0 :.558.3 3.0 3.0 443.4 443.4 ',323.6 MAL GAkTER LAKE ;9.424.9 3.0 3.242.9 1.142,9 393.9 3.105.1 3.499.0 ;4.2t9.8 . _z _:z__zzaa:z:an:taa:a:v2a:a:a232222::222:22 TOTAL - QUOTA HATER U2.520,0 ,0 ..713,5 3.713 5 3.902.3 14.369.6 13,271.9 333.150.4 PREVIOUS DUOTA CER7, 56.422.5 :: _:::- OUCTA CERT. -T-D 56.422.S REPLACEMENT :JA1ER tt tt:een::a:::::: ::::a:an:et:atean-.::::t:n::n::n:ne:-::CVO :: TOTAL • REPL WATER 0.6 4.0 4.C 0.0 0.6 0.0 0.0 0.0 PREVIOUS REPL ISSUED 3,0 atec:an::an REPL ISSUED Y-T-C 0.6 __one:::nn::::a::a:tanaatnatt : _n -n::z:f:-:2:72777222=222222:eaata:tet::ctattn:t:na nna t::: TOTAL CCU WATER 52.520.0 0.0 6.712.5 ..712.5 3.902.5 14.369.6 12,271.5 33,150.4 PREQ1OUS COY ISSUED 76.422.3 vast::22:22 CDC, 1.USED S-T-D 56.422.5 4_arar'1"gr.! ‘leT HDRTHERN COLORADO DATER CC41SERVANCY DISTRICT COLORADO-Sic THOMPSON HATER DELIVERY REPORT -- MONTH 5F APRIL 1929 BALANCE -RANSFERS DELIVERIES BALANCE FEATURE 3-31.3? /UOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-30-BS POUDRE P.IVEF 0.0 73.375.4 5,073.4 3,011.3 0.6 0.6 0.0 71,302.3 'HANSEN SUPPLY CAN 0.0 3,306.6 241.5 0.0 4.0 0.0 0,0 3,565.1 DIXON FEEDER CANAL 6.322.- 2''.172.5 4,153.1 4,300,4 6.333.2 0.0 6,333.3 15.932.1 TOTAL HORSETOOTH RESERVOIR 6.333.2- 15,360.5 ?.473.6 7,311.3 6.332.2 0.0 6,338.2 '+0,361.5 TOTAL AEOUE FLATIRON 57.3- 1.050,6 202.4 202.4 57.3 0.3 57.6 '92.4 BIG THOMPSON RIVER 335.6- 27.590.5 1,303.0 10.0 0.0 0.0 O.0 25,461.9 LOWER PLATTE RIVER 0.0 5.723,9 120.6 0.6 0.4 0.6 0.0 5.603.? HANSEN FEEDER CAN 35.7- 3,273.3 7.0 16.8 121.3 43.1 ;69.4 3.154.3 TOTAL HANSEN FEEDER CANAL '21.3- 36.513,2 :,430.0 26.3 121.3 42.1 169.4 34.220.6 LITTLE THOMPSON RI 0.0 6,346.6 0.0 634.7 0.0 0.0 0.6 7,430.7 ST DRAIN SUP CANAL 1.350.6- 11,346.3 1,000.4 650.0 ;,350.6 0.0 1,250.6 1,645.3 ST URAIH RIVER 0.0 22.606.5 77.6 3,357.0 0.0 0.0 0.0 21,336.1 BOULDER FEEDER CAN 0.0 4.075.4 4.0 4.0 0.0 4.0 0.0 4,075.4 BOULDER CR SUP CAN 0.6 2.735.6 0.0 1.000.0 0.0 0.0 0.0 3,735.6 BOULDER CREEK 0.0 25,571.0 1.000.0 3.0 0.0 0.0 0.0 24.571.0 TOTAL CARTER LAKE 1.350.6- 79,631.7 2,077.4 5,641.7 1,350.6 0.0 1,250.6 31,395.4 O tttCCea at:C:Cuw3:att t at :anaatr n: ,.tat a3..,:: .Ban:a:attt anti..:.. TOTAL - 000TA UATER ?.:67.4- 216.635.7 13,132.2 :3,132.2 ?,167.4 43.4 1,215.3 207,469.9 TOTAL - REPL 'AMER 254.0- 3,019.6 0.0 0.6 254.6 131.3 225.2 2,633.3 C..CC:C..t a:::.Ct:Caise •fltC _➢C eesC,CCtittt:..Ca• C1110CCC9tt:t::n.t9 :ntfl::CtC _,St:Cn3tiCCCJtict: TOTAL CET WATER 9,421.4- 219.704.7 13,132.2 13.132.2 9.421.4 179.6 9,601.0 210.103.7 PREVIOUS CBI ISSUED 0.0 :ttt::att:: CET ISSUED 'r-T-D 219.704.7 , dORTHERH COLORADO WATER CONSERVANCY DISTRICT COLORADO-BIG THOMPSON CATER DELIVERY REPORT -- MONTH OF APRIL 1"+39 iITCH AND BALANCE TRANSFERS DELIVER. BALANCE DELIVEP'+ POINT 3-31-35 QUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4.30-85 Arthur 224.0 224.0 Sox Elder 35.0 °"0 Box Elder Channel 140.0 145.C ;.anon Canal 105.0 105.0 Greeley. City of 13.155.3 5,000.6 637.7 9,793.5 Ideal Basic Ind Inc 612.5 612.5 Jackson 21.7 21.7 .axe Canal 2,166.5 2,166.5 Lariser t Veld 14,392.5 96.6 14,989.1 Larimer County 12 606.9 606.9 Ltl Cache la Poudre 116.3 116.5 Her Cache is Poudre 7.427.7 77.0 7.504.7 New Mercer 936.6 936.6 North Poudre 23.000.0 28.000.0 Pat Griffin Cv 22.4 22.4 Pleasant Val 8 Lake 439.6 :6.8 422.3 dater, Sup 8 Stor 4.017.3 61.6 2,200.0 6,155.7 8hitney 455.0 455.0 TOTAL - POUDRE RIVER 0.0 73,375.4 5.073.4 3,011.3 0.0 0.0 0.0 ;1.308.3 Brewster D H 280.6 280.0 Eastman Kodak Co 3,211.6 241.5 2.970.1 Uraves/PUL8C Co 315.0 215.0 TOTAL - HAHSEN SUPPLY CAN 0.6 3.306.6 241.5 0.0 0.4 0.0 0.0 3,565.1 7.3T - 2 - APRIL 1921 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 3-21-35 QUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-30-84 Ault, Town of 273.7 273.,7 0.0 Dixon Reservoir "c 45.5 45.5 East Larimer Co WD 2.031.4 1.000.6 59.5 1.090.9 Eaton. Town of 606.5 606.9 6.0 Ft Coliins, City of 3.5322.4• 11.227.5 664.0 2.5333.4 3,533.4 2,368.4 Ft Collins-Loyelano VD 3,547.9 5.0 3.872.9 i.e Salle. Town cT 26.6 26.6 Miller Trust 8 Miller 30.5 30.5 Minatta c 42.0 42.0 noel W P 66.'. 66.5 North Weld Co HL 1.324.9 1,500.6 1,052.; 1,377.0 Aorthern Colorado Water Assn 1.4 1.4 Pierce. Town of 49.0 44.0 0.0 Soldier Canyon Filter Plant 2.304.24- 2.500.0 2.304,8 2,304.9 204.9- State Board of Agri( 1,054.5 1,054.5 ;onset mater Dist 59,5 59.5 4,0 West Ft Collins WD ''20.3 464.0 266.3 TOTAL - DIXON FEEDER CANAL 66.2232.2- 22,173.5 4,153.1 4,300.6 6,338.2 0.G 6,332.2 15,982.1 TOTAL MORSETCOTH RESERVOIR 6,533.2- 99,360.6 9,473.6 7.311.4 6,2233.2 0.0 6.338,2 90,361.5 Bald Mountain Water Assn 1.6- 14.0 1.6 0.3 1.9 12.1 Crystal Water Company 45.6- 45.6 45.6 45.6 0.0 Estes Oolf 2 Countriki Club 126.0 126.0 0.0 Estes Park, Town of 604.6 45.6 554.2 Estes Valley Roc 8 Park 53.9 156.8 210.7 Cottbero R E 42.0 42.0 Hewlett Packard Company 107.1 107.1 Newell-Warnock Water Assn 2.6- 16.; 2.6 2.6 13.5 Park School Dist R-3 30.8 30.3 D.0 Prospect Mtn Water Co. Inc '.5- 23.5 7.5 7.5 16.5 Thunder Mountain Mater 17.5 17.5 YMCA of the Rockies 14.0 14.0 TOTAL ABOVE FLATIRON 37.5- 1.050.4 202.4 202.4 57.5 0.5 57.6 992.4 CBI - 3 - APRIL 1`+39 DITCH AND BALANCE TRANSFERS 3ELIUERIES 3ALAHCE DELIVERY POINT 3-31.35 OUOTA DEBIT CREDIT PREVIOUS wPR1L TOTAL 4-30-34 Berthoud. Town or 363.5 363.9 erg T 3 Platte 45.5 35.5 Big T Ditch a Mfg 56.6 56,4 Partners 455.0 455.0 George kilt 47.6 47.6 ureelev-Loveland 6.869.1 6.869.1 Handy 4,761.S 3.G 4.772.3 Hill i Brush 18.9 13.3 Hillsboro 533.4 531.4 Home Supply 4.823.6 7.0 4,835.6 Louden 2,673.3 2.673.3 335.6- 6.416.2 1,302.0 4,277.4 lgvll4nd. City Gf South Side 443.7 443.7 3oruce Lake R/u Park 7.4 7.0 I Nan 52.5 52.5 iindcliff Property Owners « TOTAL - BIG THOMPSON RINSE 835.4- 27.594.5 1.343.5 10.6 4.0 0.0 0.0 25,461.5 3ijou 753.2 753.2 Fort Morgan, City of 648.2 120.0 523.2 Lower Lathan 108.5 108.5 Morgan Co Quality dater Gist 14.D 14.0 Riverside Irrigation Dist 4.240.0 4,200.0 TOTAL LOWER PLATTE RIVER 0.0 5,723.9 :20.0 0.0 0.0 0.0 0.0 5.603.9 Arkins water Association 33.3- 176.4 33.$ 33.8 142.6 3uckhorn Mater Users 14.2- 2,035.3 7.0 16.8 14.2 36.3 50.5 2.455.1 Emissaries of Divine L'ght 8.1- 2337.5 3.1 11.$ 14,5 222.4 Loveland, City of 335.6 335.6 0.0 Spring Cannon lSs District. 34.6- 93.1 34.6 34.6 58.5 wettern Sugar Company 055.2 655.2 Velek 8 H (Cottonwood) 21.0 21.0 TOTAL - NANSEN FEEDER CAN 35.7• 3.273.3 7.0 16.8 921.3 43.1 969.4 3.154.6 • TOTAL HANSEN FEEDER CANAL 921.3• 36.593.2 1,434.0 26.3 921.3 43.1 969.; 34,224.6 '.21 - + - APRIL 1587 DITCH AND BALANCE -RAHSFEPC DELIVERIES BALANCE OELIUERW POINT 3-31-3'' QUOTA 6617 CREDIT PREVIOUS APRIL TOTAL 4-30-84 6 i caer 34.3 34.3 Boulder 7, Latimer '744.0 574.0 Culver, 150.5 i .V 157.5 Eagle 239.4 239.4 !de S Starbird 409.5 7.7 417.2 Miner 3 Longan 234.5 234.5 New 1Et! 4,223.6 620.0 5,443.0 Osborn i. Caywood 147.0 147.0 Rockwell 233.5 233.3 TOTAL - LITTLE THOMPSON RI 0.6 6,846.0 0.0 634.7 0.6 0.0 0.0 7,480.7 Callahan T L 7.7 7.7 0.0 Central Weld CO WL 2.465.4 270.0 2.735.4 Dacono. City of 503.3 503.3 Oollaohan M 6 105.0 105.6 Edds 0 C 7.0 7.0 Evans, City of 637.7 637.7 0.0 Firestone. Town of 450.3 270.0 130.8 Frederick. Town of 36.5 26.2 Gilcrest. Town 6'f 3.4 3.4 Mainline N F 10.5 10.5 ;rein J W 8 B R 12.'9 13.3 Kersey, Torn of 235.5 235.9 Lauchli H A 7.0 7.0 Ltl Tho.oson u0 llnc N Carter; 1,350.6- 4,262.6 5.6 60,0 1,350.6 1,256.6 2,453.C Milliken, Town of 142,3 142.3 North Carter Lake Water Gist 25.E 25.2 Parrish J 56.0 56.0 Platteville. Town of 116.9 116.5 Polowcnak U M 17.5 17.5 Peed/Adams/Hallett 14.6 14.0 3tieg R - Gallagher L 2.3 2.3 5uppl', 2.640.1 60.6 320.0 2,908.1 Weese/Groseclose 10.5 10.5 TOTAL - 3T URAIH SUP CANAL 1,250.6- 11,346.3 1,000.4 650.0 1,350.6 0.0 1,350.6 9.645 :ST - - APRIL 1939 DITCH AND 2ALANCE TRANSFERS , DELIVERIES 3ALANCE DELIVERY POINT 2-31-8A OUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4-30-39 Chapman-Nc Csiin 17.t 17.5 Clough Private 1.4 1.4 Clover Basin 23.0 23.0 Janis 3 Downing 03.8 303.9 DeM1w 3 Taylor' 27.1 37.1 Highland 4.643.2 2.900.0 12.543.2 James 231.4 231.4 Longmont Supply 32.9 32.9 Longmont. CJty cf 7,573.2 57.0 7.516.33 Lyons, Town or 254.8 20.0 234.8 Hot 35.G 35.0 Jiiaarcnv Ux52.1 100.0 452.1 Palmerton 21.7 22.0 43.7 Peck 204.4 204.4 Public Service Co of Colo 6.997.5 6,997.9 Rom 5 Ream° ,,734.6 335.0 2.069.6 South Ledge 70.0 70.0 6reoe '25.4 25.4 Union Ditch 42.4 92.4 TOTAL - ST DRAIN RIVER 0.0 25,606.9 77.6 2,357.0 0.0 0.0 0.0 31,336.5 Colorado Cement Enterprises 33.5 33.5 Lefthand Ditch Co. 3,924.5 3,924.5 atar 112.0 112.0 TOTAL - 3OULDER FEEDER CAN 3.0 4,075.4 0,0 0.0 3.0 3.0 0.0 4,075.4 Boulder 9 Lefthand 320.6 320.6 Boulder & Yhiterock 2,153.9 1.000.0 3,153.9 Boulder Countr;' C1uo 205.1 205.1 5iagonai Water i Sanit Dist 36.0 56.0 TOTAL - BOULDER CR SUP CAN 3.0 2,735.6 3.0 1,000.0 0.0 3.0 3.0 2,735.6 CET - APRIL 1939 ?ITCH AND BALANCE -RANSFERS ':LIVERIES BALANCE DELIVERY POINT 31-39 QUOTA DEBIT CREDIT PREVIOUS APRIL TOTAL 4.30-35 Boulder a Weld 322✓ 322.7 Boulder, City of 14.549.5 1.000.0 13,549.5 Carr R Tyler 35.0 35.4 Coal Ridge `74.0 574.0 Dailey S Pluxic. 35.0 35.0 6oddino 227.` 227.5 Leggett 1,171.1 1.171.1 Loeer Boulder .,.'07e 1,207.5 North Bldr Fanners 46.2 46.2 Platte Valley irrigation Co 7.224.0 7,224.0 Saith 9 Enons. 173.5 173.5 TOTAL - BOULDER CREEK 0.6 25,571.0 1.000.0 0.0 0.0 0.0 0.6 24,571.0 TOTAL CARTER LAKE 1.350.6- 79.6001.7 2.077.; 5.641.7 1.350.6 C.0 1.350.6 31.395.4 _5_ 5 sizszuan Etna,_eepp pppp_-asfavz26:p:222222aapppa TOTAL - QUOTA WATER 9,167.4- 216.655.; 13,132.3 13.132.3 8.167.4 43.4 9.215.3 207 469.9 PREVIOUS QUOTA CERT. 0.0 QUOTA CERT. Y-T-D 216.635.7 REPLACEMENT WATER Dixon Reservoir. Co 'ReDl 469.0 469.0 Dry Creek (Peol) 1,485.0 131.2 131.2 1.353.8 Estes Park. Town of (Red) 47.2- S00.6 47.2 47.2 452.3 Nertha (Handy) (P.epi) 165.0 165.0 State Board of Agric !Reol1 206.6- 400.0 206.8 206.5 193.2 2 p 2 e X 22222222:::22222252262:2=222222:: TOTAL - REPL WATER 254.6- 3,019.0 0.0 0.0 54.6 131.E 335.2 2,633.8 PREVIOUS REPL ISSUED 0.0 _2622 REPL ISSUED V-T-D 3,019.0 -a 2__6266666{ai eizpe -sve222____ivs6 _ ep2:pp :p psapepaicivae2ppepeieveieep:p :seep TOTAL CBT MATER 9.421.4- 219,704.7 13,132.3 13.152.3 9,421.4 179.6 9,601.0 210.103.7 PREVIOUS CBT ISSUED 0.0 _viaai22266 CBT ISSUED V-T-D 211.704..7 dORTHERN COLORADO VATER CONSERVANCY DISTRICT COLORADO-BI0 THOMPSON PERCENTAGE OF QUOTA DELIVERED AT END OF APRIL 193? TOTAL NET DELIVERIES BALANCE : OF QUOTA FEATURE DUOTA TRANSFERS PREVIOUS APRIL TOTAL 4-30-25 DELIVERED POUDRE 919EE 73,275.4 2,067.1- 0.0 0.0 0.0 71,308.3 0.0 HANSEN SUPPLY CAN 3,306.6 241.5- 0,0 0.0 4.0 3,565.1 4.0 DIXON FEEDER CANAL 22,175.3 147.5 6,338.2 0.G 6.338.2 15,183.1 28.5 TOTAL HORSETCOTH RESERVOIR 9?.360.6 2,161.1- 6,333.2 0.0 6,333.2 90,361.5 6.5 TOTAL ABOVE FLATIRON 1.050.0 0.0 57.3 0.3 57.6 ?92.4 5.4 BIG THOMPSON RIVER 27,590.5 .293.?- 0.0 0.0 0.0 25.461.9 0.0 LOVER PLATTE RIVER 5.723.5 120.0- 0.0 0.0 0.0 5,603.5 0,0 aANSEN FEEDER CAN 3.278.8 +.3 321.3 43.1 369.4 3,154.3 29.5 TOTAL HANSEN FEEDER CANAL 36,593.2 1.403.2- 321.3 42.1 169.4 34.220.6 2.6 LITTLE THOMPSON Ri 6,846.0 624.7 0.0 0.0 0.0 7.480.7 0.0 6T URAIN SUP CANAL 11,246.3 350.4- 1.350.6 0.0 1,350.6 3,645.3 15.6 ST VRAIN RIVER 25.606.5 3.280.G 0.0 0.0 0.0 31.336.5 0.0 BOULDER FEEDER CAN 4.075.4 4.0 0.0 5.0 0.0 4.075.4 J.0 BOULDER CR SUP CAN 2.735.6 1.000.0 0.0 0.6 0.0 3,735.6 0.0 BOULDER CREEK 25.571.0 1,000.0- 0.0 3.0 0.0 24,571.0 0.0 TOTAL CARTER LAKE 79.681.7 3.564.3 1,850.6 0.0 1,850.6 31.395.4 2.3 S0056SOSOSS:202222222t00S -:MIMES SSSFSSS. TOTAL - QUOTA VATER 216,635.7 0.0 3,167,4 48,4 3.215.3 207,469.9 4.2 TOTAL - PEPL WATER 3,019.0 0.0 254.G 131.2 '285.2 2.623.5 12.7 ::: C:S::e.0::2t:r::2:0:ec0S:ats:::::::::::::::t::Stxt:3Sflkflat 22222222222vctavafWfl fl s--Stef{SSSSSe0Se0SSe TOTAL CBT MATER 219.704.7 0.6 5.421,4 179.6 9,601.4 210,103.7 4.3 C;: CBT'INFLOW AND DELIVERY COMPARISONS (ACRE-FEET) ": ^. 27 GRANBY RESERVOIR _ C::: Adams Ttinnelz C.'.. Releases to Net Change Conserved Diversions Colo. River In Storage Inflow Month 1988 1989 1988 1989 1988 1989 1988 1989 Nov. 17,687 23,480 1,186 1,200 - 13,455 - 19,626 + 4,232 + 3,854 Dec. 18,938 24,656 1,240 1,240 - 16,445 - 23,187 + 2,493 + 8,211 Jan. 24,141 24,371 1,240 1,240 - 21,197 - 22,704 + 2,944 + 3,174 Feb. 18,530 19,884 1,160 1,120 - 16,826 - 17,904 + 1,704 + 3,058 Mar. 26,973 13,612 1,240 1,240 - 24,393 - 10,349 + 2,580 + 3,263 April 15,664 9,574 1,198 1,200 - 2,252 + 10,181 + 17,916 + 19,755 May 24,682 4,218 + 48,599 + 73,281 June 22,048 4,666 +103,386 +125,434 July 26,910 4,839 - 11,522 + 15,388 Aug. 28,969 2,103 ' - 26,074 + 2,895 Sept. 27,386 1,292 - 27,757 - 371 Oct. 26 _Sal_13_ - 25,841 + 291 Total Thru April 121,933 115,577 7,264 7,240 - 90,064 - 83,589 + 31,869 + 41,315 Year Total 278,060 25,625 - 29,273 248,787 1989 - Includes 8,529 A.F. pumped from Willow Creek Reservoir DELIVERIES QUOTA + REPLACEMENT Year April (1) May June July August Sept. Oct. Total 1977 5,571 37,573 67,523 76,167 60,244 40,813 21,586 309,477 1978 4,491 2,054 4,293 43,810 74,236 32,164 23,879 184,926 1979 4,185 2,262 3,418 50,517 44,166 24,060 16,251 144,859 1980 6,381 2,177 8,577 50,473 69,610 32,833 33,231 203,281 1981 7,301 6,464 26,674 88,730 82,864 40,351 37,643 290,027 1982 9,093 9,679 6,182 33,598 40,320 29,816 31,394 160,082 1983 5,568 2,140 2,924 31,671(2) 62,706(2) 38,687 17,299 160,995 1984 7,382 4,330 10,920(2) 91,413(2) 44,548 26,077 14,381 199,329 1985 51,120(2) 21,390(2) 67,539(2) 51,692 70,214 25,437 3,531 290,923 1986 33,711(2) 58,541(2) 7,433 72,820(2) 67,279 23,745 5,161 268,690 1987 38,775(3) 38,115(4) 21,864 66,840 242,588 1988 19,613(3) 35,296(3) 15,890 53,788 68,729 6,528 30,985(5) 16,107 202,345 1989 27,873 17-1987 Average 7,289 14,479 14,089 57,203 72,304 37,570 20,301 223,235 (Percent) (3%) (7%) (6%) (26%) (322) (17%) (9%) (100%) (1) Includes winter water use (2) Includes Non-charge water (3) Includes Carry-Over (4) Includes Carry-Over and Non-Charge (5) Releases for Horsetooth Rehab. I 1989 PRECIPITATION WITHIN NCWCD (Inches) Year to (*) Station Nov. Dec. Jan. Feb. Mar. April Date Totals Ft. Collins .18 1.30 .53 .74 .22 1.37 4.34 Greeley .45 .96 .84 .71 .53 1.09 4.58 Longmont .15 1.33 .69 .54 .11 .77 3.59 Ft. Morgan .09 .41 .57 .14 .08 .27 1.56 Sterling .11 .22 .22 .44 .38 .69 2.06 1989 Average .20 .84 .57 .51 .26 .84 3.22 1957-1988 Average .58 .41 .33 .31 .99 1.57 4.19 1989 X of Average 34% 205% 173% 165% 26% 54% 77% Loveland Station .12 1.34 .40 1.00 .39 .13 4.08 STORAGE COMPARISON (ACRE-FEET) Max Active Active Storage Capacity 4-1-89 5-1-8• Granby Reservoir 465,568 231,551 241,732 52% Horsetooth Reservoir 139,713 126,250 124,208 89% Carter Lake 108,924 106,803 102,694 94% Boulder Reservoir 11,970 9,912 10,207 85% Total Project 726,175 474,516 478,841 Percent of Active Capacity 65% 66% Percent of Average 107% 103% Cache la Poudre Reservoirs 219,821 112,860 120,011 54% Big & Little Thompson Reservoirs 121,730 54,834 63,051 52% St. Vrain & Lefthand Reservoirs 58,825 33,901 36,091 61% Boulder Creek Reservoirs 32,691 12,151 14,660 45X Total Tributaries 433,067 213,483 233,813 Percent of Active Capacity 49% 54X Percent of Average 85% 87% Total Combined Storage (Project + Local) 1,159,242 687,999 712,654 Percent of Total Active Capacity 59% 61% Percent of Average 99% 98% OPERATIONS SUMMARY May 1, 1989 Snow Pack (Water Content) % of Average West Slope 51 East Slope 49 Poudre River 54 Big Thompson River 45 St. Vrain River 47 Streamflow Forecast Vest Slope 74 East Slope 62 Poudre River at Canyon Mouth 59 Big Thompson River at Canyon Mouth . . . 62 St. Vrain River at Lyons 62 Boulder Creek at Orodell 63 Projected System Carry-over Storage Acre-feet % of Average Beginning Storage 11-1-88 481,614 108 Forecasted Net Inflow 150,224 63 Deliveries (70% quota) 217,000 102 Ending Storage 10-31-89 414,838 93 Beginning Ditch Co. Storage 11-1-88 178,190 80 Ending Ditch Co. Storage 10-31-89 33,630 15 May 1, 1989 Snowpack and Streamflow Comparison Snowpack -- Water Content -- % of Average Watershed 2/1/89 3/1/89 4/1/89 5/1/89 5/1/88 Blue River above Green Mtn. 84 94 81 66 89 Colorado River above Granby 86 93 80 44 107 Willow Creek 79 99 89 26 88 Fraser River 99 105 94 66 111 Poudre River 77 92 87 54 109 Big Thompson River 78 92 72 45 94 St. Vrain River 82 100 72 47 96 Precipitation within NCWCD 122 130 91 77 124 Streamflow Forecasts -- % of Average Watershed Blue River above Green Mtn. 87 91 89 75 87 Colo. River above Granby 91 94 88 76 118 Willow Creek 77 96 80 67 106 Fraser River 99 102 94 78 111 Poudre River @ Canyon Mouth 78 78 71 59 101 Big Thompson River @ Canyon Mouth 86 101 72 62 96 St. Vrain River @ Lyons 81 100 69 62 94 Boulder Creek @ Oradell (SCS) 83 94 73 63 88 May 1, 1989 Water Supply and Use Comparisons (A.F.) Tributary Service Area 1988 1957/88 1989 1989 Water Supply Actual Average Estimate X of Avg. Tributary Streamflow 526,646 629,147 380,800(A) 61 Ditch Co. Storage 11-1 181,252 221,721 178,190 80 C-BT Storage (1) 425,549 3401876 368,030 108 Total Supply 1,133,447 1,191,744 927,020 78 Water Use Direct Diversions 531,823 513,353 415,000(2) 81 Ditch Co. Storage Use 175,720 135,534 230,000(2)(B) 170 I Total Tributaries 707,543 648,887 645,000 99 NCWCD Deliveries 232,525 212,864 217,000(3) 102 Total Used 940,068 861,751 862,000 100 Carry-Over Storage A.F. (4) Ditch Co. Reservoirs 178,190 223,082 33,630(C) 15 C-BT System Reservoirs 481,614 446,103 414,838(D) 93 Total Carry-Over 659,804 669,185 448,468 67 (1) East Slope carry-over storage plus Adams Tunnel imports (2) Estimate based on diversions in a comparable water supply year (3) Required to provide average total use (70Z Quota) (4) Water in storage on October 31, the end of the water year (A) 3rd lowest of 36 year record (B) Highest usage of 36 year record (C) Lowest Ditch Co. carry-over of 36 year record (D) 15th lowest C-BT carry-over of 36 year record 1 Volume 2 Number 2 May 1989 1.; COLORADO DEPARTMENT OF HIGHWAYS J^tily f.. MILESTONES : '. . . "A MONTHLY NEWSLETTES HICHLIGHTINC SIGNIFICANT HIGHWAY AND TRANSPORTATION ISSUES" . REVAMPED 6TH/I-25 RAMP SPORTS It was not until passage of the Federal Surface Transpor- t NEW DESIGN FOR THE 90s tation Act in 1982 that adequate funding became available to reconstruct this Interstate interchange. This act raised the Federal gas tax from four to nine cents a gallon.providing A new flyover bridge that reroutes traffic from east- individual states with the means to reconstruct portions of an bound 6th Avenue to northbound I-25 over both highways was aging Interstate system. opened by Governor Romer,May 6. It replaces the cloverleaf ramp constructed in the late 1950's. This$8 million project is the first of two flyovers which In July of 1958 Richard M. Nixon was vice will eliminate dangerous weaving patterns inherent in the president;NASA was created to manage the H.S. existing cloverleaf design. space program;the average three-bedroom home cost$11,975;the number one song was Yakety Yak "When it was opened in July of 1958,this cloverleaf by the Coasters;and the 6th Avenue/I-25 Inter- pattern represented the state-of-the-art in traffic management change was opened to the motoring public. In all, designs for the intersections of two major highways."com- ments Highway Department Executive Director A.Ray 11.2 miles of the Valley Highway were opened in Chamberlain. "However,the dramatic increase in traffic 1958,from W.48th Avenue to Evans Avenue at a volume in the Denver metro area has made this cloverleaf cost of$32 million! obsolete in safety moving motorists through one of the state's busiest intersections." The Colorado Department of Highways retained To cope with the increasing number of vehicles,West DeLcuw.Cather and Co.in 1983 to develop a feasibility study 6th Avenue was widened in 1967 to six lanes and collector- and a public involvement process for reconstruction of the distributor lanes were added to relieve congestion and the interchange. The process was completed in 1985 with the me- resultant weaving patterns. In the early 1970's,it was recog- ommendation of the configuration which is currently under nized that the cloverleaf was outdated and preliminary designs construction. continued were developed for reconstruction. N„spar north• Irk PAP'• -.{ r • �/-' -- sc. ' ' or t• l ,. _ t r -w��e►�� i'•.t — "err- -A-;..a- r.Sr An artist's rendering of the new 6th Avenue/1-25 Interchange. Governor Romer officially opened the eastbound 6th Avenue to northbound 1-25 flyover ramp,May 6. The first phase of this ambitious project included the PERCOL COMBINES DURABILITY eastbound to southbound ramp and the southbound to cast- WITH AESTHETICS bound loop. It was advertised on May 22,1986 and completed June 3, 1987.at a cost of$6 million, The second phase of the project completed the north- �;;�t ' bound entrance ramp to 1-25 at a cost of$2.3 million, It was t advertised on November 20,1986. �r` Construction of the final phase of the project will begin - Fy'>� this summer. When completed in the fall,this flyover bridge " ytr •A t will carry traffic from westbound 6th Avenue to southbound r° 7 i�A,R Interstate 25. Cost of this phase is$4,8 million. I_, ^.,t Ir l , • tit soi:': Ft t tr,4,,' ' Completion of the entire project will relieve major �? , ro a. traffic congestion and reduce hazardous conditions for the ' +� swZa;,:"Nyg� p ,'' mF .,5�„Wit' s.„,,'31 4„we,a 1Yt f.:.,.,;01.6 "Central Valley",eradicating heavy streams of traffic which 1 cross each other. The flyover ramps will eliminate five r:''r ° t ' dangerous weaving movements and the construction will add ". 'I- an additional southbound I-25 lane between 6th Avenue and r.,, #N •44,,,+14,,i'2,,.. Alameda. Total cost for the rennovation is budgeted at$28 million, Percol,a new crack filling material,was demonstrated last Future construction projects will alter traffic patterns on fall at several locations near the interchange of C-470 and West 6th Avenue and 1-25 to improve capacity and traffic University Blvd. flow. The estimated cost for these improvements is budgeted at$12 million and work is scheduled to begin in 1994, Upon completion,nearly$40 million will have been invested to Cracks on C-470 between Santa Fe and 1-25 arc being reconstruct the interchange and provide attendant filled with Percol,a two-component polyurethane material improvements, manufactured by ARMCO. "It was important that the crack filler selected for this .',.,1,77 `'' job not only be durable but it must also be aesthetically pleasing to the traveling public,"reports Denis Donnelly, • research coordination engineer, "Percol is used for both concrete and asphalt repair and can be manufactured in different colors to match existing roadway surfaces." • Before being chosen for this project.Percol was tested by the Department's Materials Lab. Lab tests and field dem- onstrations concluded that the filler has significant tensile svcngth,even at below frcering temperatures. In addition to i ris .,...e; , its low moisture barrier qualities,Perco!sets up rapidly r permitting traffic to resume shortly after application.„ ,_ , , NI : ---1- A :44;041A.. ti -Q 4. According to Donnelly,an informal evaluation will be t conducted which will evaluate the structural integrity of the pavement which was repaired with Percol. A cost analysis _ .0+ ', ; will be made following a three-year evaluation period. --Donna Harmelink One of two dramatic flyover structures rerouting traffic over 6th Avenue and Interstate 25. 1 GROUNDBREAKING FOR DENVER'S Martinez called it a joint effort between the state,city,City NEWEST PARKWAY Council and local groups to strengthen the neighborhood improving prosperity and stability. Mayor Federico Pena called it an"...historic and The project was packaged in three separate phases, The important day for Denver..."as ground was broken for the first phase in 1987 completed all storm sewer work for West Alameda Parkway,March 27. preparation of the roadway construction,the second phase. The third phase will install all of the landscaping. "We are launching a whole new boulevard for a city which was known years ago for its tree-lined streets and Scllards and Grigg were the engineering consultants for avenues,"Pena said about the$7 million project funded by the all three phases of this project. The contractor for the roadway Colorado Department of Highways,the Federal Highway is Siegrist Construction Company and landscaping design is Administration and the City of Denver, being done by Phillip E.Flores&Associates. • , MATERIALS LAB EARNS AASHTO • �' ACCREDITATION -1 y ,r The Highway Department's Staff Materials Laboratory is one of the first in the nation to be accredited by the Amen- .b ''"Se' . `' can Association of State Highway and Transportation Officials a t^ '*d. (AASHTO). The AASHTO program was established last June to accredit testing labs which meet specific standards. All y` aspects of the Materials Branch were evaluated during months of rigorous scrutiny,including staff evaluation(education and ` qualifications),equipment standards and proficiency [ demonstrations. The accreditation is good for one year,at the end of Dwight Bower,deputy director of the llighway Department, which,inspectors from Washington,D.C.will again review and Mayor Federico Pena look over plans for the West the Labs documentation and observe procedures. Alameda Parkway during the groundbreaking ceremonies --Leo O'Connor March 27. The 1.1-mile boulevard will stretch from Knox Court GLENWOOD CANYON DELAYS west to Sheridan Blvd. Roadway construction is slated to be completed by Fall 1989 and landscaping is scheduled to be Flagging operations in Glenwood Canyon are in effect finished by Spring 1990. Anew median-divided parkway will between 6:55 a.m.and 5:00 p.m.,Monday through Friday. provide two lanes in each direction paved in concrete. Pecks- Multiple stops will delay motorists approximately 30 minutes trian features include street lighting,five foot wide sidewalks, throughout the summer. plazas built at all bus stops,retaining walls and parkway landscaping for trees and shrubs. Travelers will not experience delays 6:00 to 6:55 a.m. Community groups in both the Westwood and Barnum and 5:00 to 6:00 p.m.,Monday through Friday. Delay neighborhoods on either side of Alameda have promoted the information and nighttime Glenwood Canyon schedules 9 can be project over the past five years. Councilwoman Ramona obtained ofrom the Canyon Hotline at 945.0148 or Traffic Control at 945-9403. HIGHWAY DEPARTMENT HOSTING OUTSTANDING HIGHWAY TRANSPORTATION RESEARCH EMPLOYEES RECOGNIZED BOARD Five Highway Department employees have received the Environmental Analysis in Transportation will be the Departments Employee-of-the-Month award sines January. focus of a five-day meet of the Transportation Research Board July 11-14,in Vail,hosted by the Highway Department's The award was initiated to acknowledge those individu- Office of Environmental Review and Analysis. The meeting als who deserve special recognition for going the extra mile in doing a good job. Individuals are selected for their high will focus on current topics relating to environmental analysis • for projects including cultural resources,hazardous waste and standards of public service,superior performance,exceptional natural resources. efficiency,integrity and devotion to the welfare of Colorado residents. i All sessions will be held at Vail's Doubletree Hotel and are open to the public. Single or double room rates are$55 Each recipient is recognized by the Highway Commis- and may be made directly to the hotel. For additional infor- sion when presented their award by Deputy Director Dwight mation,contact Kim Gambrill,757-9448. Bower. The employee-of-the-month receives one day of administrative leave, ,.v;- A Vv'� �p rr • I •._ lir Va. T. ,rIUI1 �v�t�.'. �vJr �Y !1 i ' Ifi'"i lwr• . ti. ti '� ` i h:'dclfjv 3 'her 1 p I4rMI t�,.. . N clip lP, eiYW l Staff Archaeologist O D//and unearths one of many artifacts on the site of the Tremont Hotel. Archaeologists from both the Sharon Wilson Department and the Historical Society have continued • excavation on the site uncovering stoneware crocks,mason Highway Project Engineer Sharon Wilson was named jars,cartridges,eating utensils and numerous other artifacts Employee-of-the-Month in March for having coordinated and which date from the late 1850's to the early 1860's.The dig edited the new Bridge Design Manual. This document will be will continue through the first week of May when the site will used not only by the Department,but by consultants as well. be readied for construction of the new Speer Viaduct. "Sharon has skillfully produced a manual that will provide a clear direction for the designing of structures," • commented Deputy Director Dwight Bower. "By effectively managing her time and job responsibilities,Sharon was able to complete previously assigned projects?' In January,three engineers from District VI were chosen r' ,!f+"icti" r; S- i, Employees-of-the-Month for their instrumental role in ad- rtt "'` to- ,. et*J r ,,, rrr . .'rya i dressing a variety of complex issues surrounding the redesign ''..•.”-' e^iS it r " tit' ,•, r; of the I-7011-25 Mousetrap Interchange. r '"qy ti ' �' , .rt i,� i, "The organizational abilities and initiative of Joe ,...;,.::;4..' #18!k ,1'...." " Tempel,Louis Lipp and Cecilia O'Connor,have contributed `r - a"`` ,:}, '.r 6J , : greatly to the resolution which has been reached between the m•. 1. Department,the FHWA and the local neighborhood,"reports "T ' District Engineer Guillermo Vidal. "All three were respon- ., sible for assimilating different perspectives,enabling a clear presentation of tradeoffs to the decisionmakers who were ,,?'.-,..,t,''"' _ ' redesigning the Mousetrap and three adjacent interchanges." " Vidal largely attributes the final design of this$100 ,w.,b ,,, , y million project to these three engineers. Lee Baker ' ' °�,FROM THE `A microcomputer=based storeroom inventory system was � 1 developed and implemented thanks in large part to Lee Baker, ..,3; �,t administrative officer,recognized in February. DISTRICTS... ,r "Lee took the lead in the development of the design,the t- programming,the testing and the implementation of the system,often putting in many extra hours in order to complete SIGN INVENTORY SYSTEM his regularly assigned duties,"reports his supervisor Mary DESIGNED Williams. "Implementation of the system at the warehouse has Traffic Signal Supervisor Larry Axtell and Information allowed a staff of four to maintain an operation which previ- Equipment Specialist Don Lyman have completed a computer- ously required seven people,"Williams explains. "With the ized sign inventory system in District 3,Maintenance current emphasis on 'more with less',Lee's contribution is Section 2. going to allow the Department's storeroom management to operate more efficiently with less investment of available The two Grand Junction specialists designed the inven- resources . tory system to catalogue all signs on the roadway,including those not conforming with federal regulations. The inventory also determined factors affecting sign conditions,such as age r . and weathering. " t ` ^ ' 1' itt Y Throughout the winter,the striping crew logged the ¢ I ^ ' signs on a portable computer to compile the data for the NO ;.'. 1'' 4,.. project. Ray David,highway maintenance supervisor,then 4- presented the sign inventory system to maintenance personnel at the senior supervisor's safety meetings. Instruction on j updating the system as signs arc repaired or replaced was also F _ r, provided. --Diane Wolfe • Joe Tempel,Louis Lipp,Cecilia O'Connor HIGHWAY SAFETY Sergeant Harlan Moore,Adams County Sheriffs Office, and Deputy Mark Escamilla,Morgan County Sheriffs Office, NEWS were also recognized. Last year Moore logged 2,440 hours on DUI patrol,making 379 arrests and Escamilla spent 228 hours, making 57 arrests. LAKEWOOD AGENT NAMED DUI LEAF is supported entirely by fees collected from those OFFICER-OF-THE-YEAR convicted of alcohol and drug-related traffic offenses. In t989.41 law enforcement agencies have been awarded$1,2 million in grants to enforce the state's alcohol and drug-related traffic laws. �"3rr ;tit's.r NUGGETS RALLY FOR SAFETY a its 'fit /14 VP �SSt, The Denver Nuggets honored four high schools for their p tr winning safety belt campaigns in the"Don't Be A Stiff- Buckle Up for Safc Driving!"competition during halftime at -•• the April 20 Nuggets-Spurs game. Top honors and S500 went to Brighton High School. - Evergreen High took second place and S250. Tying for third place honors and 5100 each,were John F. Kennedy and } Arvada Senior High Schools, Head Coach Doug Moe and the Nuggets teamed up with the Colorado Medical Society Auxiliary,Colorado Seat Belt George Ilinkle,LEAF's 1988 DUI Officer-of-the-Tear. Network,KMGH-TV,DeScoise Productions,Colorado Jeep Eagle and the Division of Highway Safety for the contest. Lakewood Police Agent George Hinkle was honored as the Law Enforcement Assistance Fund(LEAF) 1988 DUI Officer-of-the-Year. He is being recognized for his outstand- ing efforts by the Governors Traffic Safety Advisory Committee. • • Fourteen officers were nominated for the award. They "` • sr'arc judged on their professionalism,knowledge,community t'r r service and performance. . v The ten-year veteran of DUI and traffic enforcement , • made 137 arrests for alcohol and drug-related violations in -/ 1988,going to trial only twice. Hinkle is also a certified Drug ,� Recognition Expert(DRE),having successfully completed • J;;,.��a. 4 tt over 100 hours of classroom and field training sponsored by <j ' C r a .—' ti ' + i the Division of Highway Safety. _. '"' ' .': • fin,Y - "George has demonstrated his knowledge of the law and a compassion for those victimized by impaired drivers," Vince and Larry flank Nuggets President Pete Babcock to comments Frances Taylor,vice chair of the Governor's Traffic congratulate winners of the "Dent Be A Stiff-Buckle Up for Safety Advisory Committee. "We are quite impressed with Safe Driving" competition: Jason Klinger,Brighton High; his assessment that it will take a team effort to impact the Brett Phillipe and Kevin Jonell,Evergreen High;and Tim problem-the police cannot do it alone." Brown.Arvada Senior High. STATE'S FIRST ACCESS CONTROL The project,designed by Centennial Engineering.Inc., PLAN competed in a field of 124 entries.receiving one of five Grand PLAN APPROVED Awards presented. The competition was judged by a panel of 23 government officials,federal agency executives,industry Chief Engineer Robert Clevenger has signed an inter- representatives and journalists. governmental agreement with the City of Fort Collins to implement the Harmony Road Access Plan which identifies The Littleton Railroad Depression project lowered 1.8 the existing and future locations of all access to this section of miles of mainline railroad track 30 feet below the street level, State Highway 68. It is the first such plan in Colorado adopted adding three highway bridges overhead to allow traffic to pass for a state highway in accordance with the State Highway unimpeded. Access Code. This is the rust time that a Colorado highway project has The need for access planning on SH 68 was identified by received an award in the ACEC national competition. On officials who were responding to anticipated development hand to receive the award at an April 21 reception in Washing- along this major corridor on Fort Collins'south side, The plan ton,D.C.were Dwight Bower,deputy director of the Highway addresses a four-mile section of this four-lane divided highway Department;Al Menhennett and Richard Sparlin,president with depressed median between 1-25 and US 287. There is and vice president of Centennial Engineering;and Littleton already some commercial and residential development,but Mayor Charlie Emley. much of the land is still in agricultural use. --Janet Hughes "SH 68 is a designated freeway with access control by deeds held by the Highway Department,"Clevenger says. ••The access rights were bought 20 years ago when the corridor ,n/r was ,the ly in the county ed and there waa, e dsitat thet. In V VJ 1988,the city annexed much of this arcs,necessitating the appropriate changes in the Department's ownership of access Brights," ��r`1' I r The Harmony Road Access Plan achieves access spacing ` �' ' and location standards given existing conditions and antici. I _ paced development. Fort Collins'comprehensive land-use /`I„ `„et plan and an analysis of proposed signal progression were the �� primary elements used to develop the Harmony Road plan. A �• . AI. similar type of access-control plan is pending for a section of iik I US 287. Wally Jacobson , dtsclit Fis witsaLITTLETON RAILROAD DEPRESSION eri Gi, WINS NATIONAL HONOR MAY 22-29 11989gp- The Littleton Railroad Depression(MILESTONES 74s Winning.ecieratation January/February 1989)has taken the second highest honor given by the American Consulting Engineers Council(ACEC), May 22.29 marks the 1989 BUCKLE UP AMERICA!week, the largest national organization of independent consulting encouraging everyone to protect themselves and their children firms,in a national competition. The project had recently by using seat belts and child safety seats on every motor trip. been cited for design excellence by the Consulting Engineers This year's"Winning Combination"is increased safety belt Council of Colorado. use and the phase-in of automatic crash protection,such as air bags and automatic belts. TRANSPORTATION ESSAY CONTEST The topic encompasses all facets of transportation, ANNOUNCED including highways,water,air,rail and public transit. One out of every ten civilian workers is employed in some aspect of transportation and it comprises 18 percent of our gross "Transportation and America--They Go Together"is national product. the theme of a national essay competition for 11th and 12th grade high school students sponsored by the American Entries,600- 1,000 words in length,will be judged on Association of State Highway and Transportation Officials creativity,knowledge and expression. A winning essay will (AASHTO)• be chosen from each state and submitted to the national competition. The first prize winner will receive S1.000 cash AASHTO is a non-profit,non-partisan association and a trip to AASHTO's annual meeting with his or her representing member highway and transportation departments parents in October in Atlanta,GA. Two runner's-up will nationwide to foster development,operation and maintenance receive awards of$750 each. of an integrated national transportation system. Deadline for entries is Junc 1, 1989.and must be "Transportation moves people and goods within our submitted to Dan Hopkins.Colorado Department of High- community,across our state,the nation and the world," ways,4201 E.Arkansas Ave..Denver,80222. For additional comments A.Ray Chamberlain.executive director of the information and contest rules,call 757-9228. Highway Department. "It is an integral part of our daily lives, binding the country together geographically,socially and economically." The contents of this newsletter are not copyrighted and may be used freely. Where appropriate,please credit the Department of Highways. COLORADO DEPARTMENTOFHIGHWAYS '- MILESTONES.► rr Z% k 4201 EAST ARKANSAS AVENUE DENVER,COLORADO' K. • V0222 b ,y (303)757-9228 S rotriz'a3 Weld County Commission 915 1Oth St . , Box 758 Greeley, CO 8O632 2Q STATE OF COLORADO C+ DERa lVOf LOCAL AFFAIR$ 4,.09' OFFICE OtITH6E7LF,(�}1TIVE DIRECTOR ,s 1313 Sherman Street,km.518 • ,"j . Denver,Colorado 80203 • e.wrb"e . Phone(303)866.2771 •r*7a• Roy Rome, Governor May 11, 1989 Timothy W.Schultz Executive Director Honorable C. W. Kirby, Chairperson Weld County Board of County Commissioners 915 10th St. Greeley, CD 80632 RE: Weld County 1989 Emergency Community Services Homeless Grant Application Dear Commissioner Weld: The State Emergency Community Services Harmless Grant Program (ECSH) Selection Committee reviewed your County's application for ECSH funding at its recent meeting in Denver. The Committee did not reconmlend that your project be funded due to the limited resources available and that the Division of Housing would be offering $20,000 in Emergency Shelter Grant funds for homeless client services in Weld County. Due to the limited funding available for distribution, I agree with the Committee's recommendation and cannot offer funding for your project. I hope that the funding from the Division of Housing assists Weld County in its services to homeless individuals. If you have any questions regarding this decision, please feel free to contact Mr. Bill Verbeten at 866-2205. Sincere , T' Schult Executive D r cc: Walt Speclanan, Project Contact Person Bill Verteten n � , �eMI A 6 1.0,mop t7 E n e°�� 4�0 UNITED STATES CO;/'; cV-„-7Ti, g NUCLEAR REGULATORY COMMISSION 'p.m, " � j o. /.,. C WASHINGTON.0.C.20555 Uq; r',,. G 14 3: la ..0 0 may 10, 1989 0L E Y 70 77.7: ;," Docket No. 50-267 MEMORANDUM FOR: T. Hurley* B. Grimes P. McKee J. Sniezek* F. Congel A. Thadani F. Miraglia, ADT* J. Roe C. McCracken J. Partlow, ADP* C. Grimes W. tanning D. Crutchfield, ADSP* B. Boger T. Martin, EDO S. Varga G. Lainas F. Gillespie G. Holahan M. Virgilio W. Bateman C. Rossi L. Rubenstein L. Shao B. D. Liaw THRU: Jose A. Calvo, Director /1, Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects FROM: Kenneth L. Meitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Project Peter B. Erickson, Project Manager/Decommissioning • Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects - III, IV, V and Special Projects SUBJECT: FORTHCOMING MEETING WITH PUBLIC SERVICE COMPANY OF COLCRADO TO DISCUSS FINANCIAL ASPECTS OF DECOMMISSIONING FORT ST. YRAIN DATE & TIME: Wednesday, May 17, 1989 — 2:00 p.m. LOCATION: One White Flint North Room 14 B 11 Rockville, Maryland I 511,g°1 Multiple Addressees - 2 - *PARTICIPANTS: NRC Utility Representatives State of Colorado Rrneitner, PDIV 0. Warembourg, PSC A. Hazle P. Erickson, SNP M. Fisher, PSC S. Treby, OGC J. Knotts, BCPR J. Mapes, 0GC W. Lewis, PSC T. Johnson, NMSS F. Erickson, PSC F. Cardile, NMSS L. ally, PSC R. Wood, PTSB J. Tarpey, PSC C. Feldman, RES W. Horn, BCPR L. Bykoski, NMSS C. Bomberger, PSC L. Pittiglio, NMSS Kenneth L. Meitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation eg�Re/ Peter B. Erickson, Project Manager/Decommissionir. Standardard and Non-Power Reactors Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page PDs *Meetings between NRC technical staff and applicants or licensees are open for interested members of the public, petitioners, intervenors, or other parties to attend as observers pursuant to "Open Meeting Statement of NRC Staff Policy," 43 Federal Register 28058, 6/28/78. Mr. R. 0. Williams, Jr. Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hanle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, Manager Mr. Charles H. Fuller Fort St. Vrain Services Manager, Nuclear Production GA International Services Corporation and Station Manager Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Resource Mr. P. F. Tomlinson, Manager Management Division Quality Assurance Division Public Service Company of Colorado Public Service Company of Colorado P. 0. Box 840 16805 Weld County Road 19-1/2 Denver, Colorado 80201-0840 Platteville, Colorado 8065I Senior Resident Inspector Mr. D. D. Hock U.S. Nuclear Regulatory Commission President and Chief Executive Officer P. O. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Standfield & O'Donnell ATTtN: Mr. J. K. Tarpey Commitment Control Program Public Service Company Building Coordinator Room 900 Public Service Company of Colorado 550 15th Street 2420 W. 26th Ave. Suite 100-D Denver. Colorado 80202 Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 . Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 5/5/89 through 5/12/89 CASE tilTIGER NAME RE-1170 Francis ZPMH-1552 Hanes a , Chuck Cun‘Site, Director RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 17, 1989 TAPE #89-20 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 17, 1989, at the hour of 9:00 A.M. ROLL CALL; The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 15, 1989, as printed. Commissioner Kennedy seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kennedy seconded the motion, and it carried unanimously. PRESENTATION: RECOGNITION OF SERVICES - HENRY ESTREICH: Chairman Kirby read the Certificate of Achievement into the record and presented it to Henry Estreich, who is retiring from the Road and Bridge Department. 1 DEPARTMENT HEADS AND ELECTED OFFICIALS: Gene McKenna, Social Services Director, said the Public Assistance caseload as of April 30 remained at approximately the same level. as compared to last year. Mr. McKenna said 3,400 Weld households were helped by LEAP this year. He reported that approximately 10,000 Child Support cases have been converted to the State-wide Automated System. Mr. McKenna also reported on the Medicare Catastrophic Coverage Act and the Welfare Diversion Program. Norman Carlson, County Council member, reported on the study which is being done on the Home Rule Charter by the County Council. He said this study should be completed by the Council's next meeting, and the suggested revisions will be submitted to the Board after this meeting. e0007 WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund $77,958.55 Payroll 12,055.67 Social Services 7,799.76 Handwritten warrants: Payroll 3,643.91 Commissioner Lacy moved to approve the warrants as presented by Mr. Hanes. Commissioner Kennedy seconded the motion which carried unanimously. BIDS: PRESENT OXYGEN, ACETYLENE. AND GASES - VARIOUS DEPARTMENTS: Pat Persichino, Director of the Purchasing Department, read the names of the bidders into the record and said this is to be considered for approval on May 31. PRESENT LAUNDRY BID - VARIOUS DEPARTMENTS: After reading the names of the bidders into the record, Mr. Persichino said this is to be considered for approval on May 31. APPROVE REMOVAL AND STUMPING OF TREES - ROAD & BRIDGE DEPT: Mr. Persichino said the recommendation from the Road and Bridge Department is to accept the low bid which was submitted by Green Leaf Tree Service, of Evans, in the amount of $36,690.00. Dave Becker, Assistant Director of the Road and Bridge Department. answered questions of the Board. Commissioner Johnson moved to approve the bid from Green Leaf Tree Service. Commissioner Lacy seconded the motion. Chairman Kirby suggested that a date of completion be included in the bid agreement. The motion carried unanimously. BUSINESS: OLD: CONSIDER PY '89 JOB SERVICE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 5/15/89) : Cyndy Giauque, Assistant County Attorney, said certain modifications have been made to the Contract, and she recommended that the Board approve this Contract with said modifications. Commissioner Johnson moved to approve the PY '89 Job Service Contract with the modifications and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. NEW: CONSIDER SENIORS IN INDUSTRY OLDER WORKER PROPOSAL AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said this proposal is to continue the activities of the Seniors in Industry Program. Commissioner Lacy moved to approve said Proposal and authorize the Chairman to sign. Seconded by Commissioner Kennedy. the motion carried unanimously. CONSIDER REQUEST FROM MYRTLE CUBBISON TO PREADVERTISE SPECIAL REVIEW PERMIT: Myrtle Cubbison, the applicant, was present and explained her reasons for this request to preadvertise a Site Specific Development Plan and a Special Review Permit for a Beauty Salon Home Business. Commissioner Lacy moved to grant this request to preadvertise and set the hearing date as June 21 at 10:00 A.M. The motion, which was seconded by Commissioner Kennedy, carried unanimously. Minutes - May 17, 1989 Page 2 CONSIDER CONTRACT WITH UPRR CONCERNING INSTALLATION OF AUTOMATIC CROSSING SIGNALS WITH GATES ON WCR 16 AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy moved to continue this item to May 31. Commissioner Kennedy seconded the motion, and it carried unanimously. PLANNING: CONSIDER CORRECTION OF CONDITION OF APPROVAL OF COZ - MELVIN RAHM: Brian Bingle, representing the Department of Planning Services, explained that when this Change of Zone was approved in 1984, Condition d4 stated that Farmers Mart Subdivision was to be vacated, but the Resolution incorrectly identified the plats and resolutions which were to be vacated. Mr. Single said the property owner has been notified of the error, and he has submitted a letter consenting to the correction. Commissioner Johnson moved to approve said correction concerning the Change of Zone for Melvin Rehm. The motion was seconded by Commissioner Lacy, and it carried unanimously. CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - SNYDER OIL COMPANY; AND LYCO ENERGY CORPORATION: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal actions against Snyder Oil Company; and Lyco Energy Corporation for Building Code violations. Seconded by Commissioner Kennedy, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:30 A.M. APPROVED: • ATTEST: t4 -gent.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder /9/427-# /4i7- and Clerk to the Board C.W. Kirby, Chai BY P7X th,_ _Cl k djiè J• nson, Pro-Tem EXCUSED Gene R. Brantner ' edy�_ Gordon . a yc' Minutes - May 17, 1989 Page 3 RECORD OF PROCEEDINGS AGENDA Monday, May 22, 1989 Tape #89-21 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro—Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of May 17, 1989 (Commissioner Brantner excused) CERTIFICATIONS OF HEARINGS: Hearings conducted on May 17, 1989: 1) Special Review Permit, C & M Companies (Distel Farm Resources); 2) Show Cause Hearing. Howard Duckworth, dba Weld County Disposal, Inc. ; (Commissioner Brantner excused) and 3) Probable Cause Hearing, Howard Duckworth, dba Weld County Disposal (Commissioners Brantner and Lacy excused) ADDITIONS TO AGENDA: Delete #1 under New Business PROCLAMATION: 1) Proclaim May 29, 1989, as Memorial Day APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Kennedy 4) Planning Services - Johnson 5) Purchasing & Personnel - Kirby COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: NEW: 1) Consider revisions to Dislocated Workers Plan and authorize Chairman to sign 2) Consider Purchase of Services Agreement between Head Start and Leanna Noonan and authorize Chairman to sign 3) Consider Resolution re: Acceptance of two Notices of Claims of Lien 4) Consider request for traffic control devices on WCR 16 at its intersection with WCR 79 5) Consider request from Eddy Oil Company for two Quit Claim Deeds and authorize Chairman to sign 6) Second Reading of Ordinance Number 118-I, In Matter of Amending and Deleting Portions of Ordinances Numbers 118-G and 118-H, Weld County Personnel Policy Handbook, as Amended PLANNING: 1) Consider Resolution re: Building Code and Zoning Violations - Archer; Prima Oil and Gas; Lyco Energy Corporation; Smith; and Daigle 2) Consider Resolution re: Subdivision Regulations Violations - O.F.T. , Incorporated CONSENT AGENDA APPOINTMENTS: May 22 - Work Session 10:00 AM May 22 - NCMC Board of Trustees 12:00 NOON May 22 - Private Industry Council 3:00 PM May 23 - Health Board 9:00 AM May 23 - Housing Authority 11:30 AM May 23 - Communications Board 2:00 PM May 24 - EDAP 7:00 AM May 24 - Meeting with Larimer County Commissioners 12:00 NOON May 25 - Human Resources Council 8:30 AM May 26 - Centennial Developmental Services Board 9:00 AM May 26 - Extension Board 11:00 AM May 29 - HOLIDAY May 30 - Work Session 10:00 AM Jun 1 - Island Grove Park Advisory Board 3:30 PM HEARINGS: May 24 - Preliminary Hearing, Casa Grande/Enchanted Hills Local Improvement District 10:00 AM May 31 - Amendment to USR #726, Vacate Development Standard #4, Ralph Nix Produce, Incorporated 10:00 AM May 31 - Amendments to Weld County Zoning Ordinance 10:00 AM Jun 5 - Show Cause Hearing, Tatum (Cont. from 11/7/88) 9:00 AM Jun 21 - Special Review Permit, Home Business, Myrtle Cubbison 10:00 AM Jun 28 — Show Cause Hearing, Howard Duckworth,- dba Weld County Disposal 10:00 AM COMMUNICATIONS: 1) US West Communications re: Claim No. 109593I 2) Colorado Water Congress - Water Legislative Report and Water Legal News 3) State Dept. of Highways Newsletter 1189-19 4) National Water Resources Association - National Water Line 5) State Dept. of Social Services - Weld County Review Compliance Report (Available in Clerk to the Board's Office) 6) State Dept. of Local Affairs re: Applications No. 87-555 and 87-352 7) Town of Mead re: Burch Annexation 8) Planning Commission minutes of May 16, 1989 9) State Dept. of Natural Resources re: Oil and Gas Lease Auctions and Geological Survey Fees RESOLUTIONS: * 1) Approve Collateral and Plowing Permit 1189-2 for Delwyn Nortbup * 2) Approve request from Myrtle Cubbison to preadvertise Special Review Permit * 3) Approve correction of Condition of Approval of COZ - Melvin Rahm * 4) Approve authorization for County Attorney to proceed with legal action - Building Code and Zoning Violations * 5) Approve Retail Liquor Store License for Ronald Fahrenholtz, dba C J's Liquors * 6) Approve Tavern Liquor License for Valley Hayloft * 7) Approve Special Review Permit - C & M Companies (Distel Farm Resources) * 8) Approve Dismissal of Show Cause Hearing - Howard Duckworth, dba Weld County Disposal, Inc. * 9) Set Show Cause Hearing - Howard Duckworth, dba Weld County Disposal * 10) Approve authorization for County Attorney to proceed with legal action - Subdivision Regulations Violations * 11) Approve 3.2% Beer License for Carl F. Seeley, dba Superior Superette * 12) Approve acceptance of two Notices of Claims of Lien ORDINANCE: 1) Second Reading of Ordinance 118-I, In Matter of Amending and Deleting Portions of Ordinances Numbers 118-G and 118-H, Weld County Personnel Policy Handbook, as Amended PROCLAMATION: * 1) Proclaim May 29, 1989, as Memorial Day * Signed at this meeting Monday, May 22, 1989 RESOLUTION RE: APPROVE PLOWING PERMIT NO. 89-2 AND COLLATERAL AND AUTHORIZE CHAIRMAN TO SIGN - DELWYN NORTHUP 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, Delwyn Northup desires to obtain a Plowing Permit to cultivate certain grasslands described as Part of N3N , Section 31 , Township 7 North, Range 57 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, pursuant to Ordinance 0108-A, Mr. Northup has submitted proof of collateral in the form of a Letter of Credit with Sterling Production Credit Association in the total amount of $2, 040.00 , and all other pertinent documents necessary for the issuance of a Plowing Permit, and WHEREAS, Mr. Northup has also submitted the required permit fee in the total amount of $240.00, and WHEREAS, the Board deems it appropriate to approve the issuance of a Plowing Permit to Mr. Northup for those grasslands described in the approved Soil Conservation Plan, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Plowing Permit No. 89-2 be, and hereby is, issued to Delwyn Northup. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Plowing Permit. / '`7-'' / 72u' /- ark - 890393 Page 2 RE: PLOWING PERMIT #89-2 - NORTHUP The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of May, A.D. , 1989. -" BOARD OF COUNTY COMMISSIONERS ATTEST: 7171;444-4149&) WELD CODUN(TY,/COLLORADO Weld County Clerk and Recorder 4,e'l L�.t and Clerk to the Bo d C. K1rb , Cha rman BY: ern a èJhnson5ro-Tern Deputy County erk APPROVED AS TO FORM: saner C $ George He neSy County Attorney Gor a yl 890393 I ry ryi r N S v W n S LL s 0 E 111 n : s ri3O W v\ n. V v x 0 y 2 c� `C Y OC 001' iu ? a r � ZPE 'E .7 G \�� Cl- Z!. cog L s XaIS � .. U 3 oG Se61 aunp 'ppeg WOO j Scl I i i 1i . oo1g1 ! C s Lel G to 1 ,00 11 &}O I li EIL oow OS fn i gs :g 3 s v 'ILI Si 1 1 gc0 cc Z X 5 Nzt:-..e•. ., � 2$iihö , �tq .i...__. ,._ . 890393 ORDINANCE NO. 108-A PERMIT NO. ?9-Z PERMIT FOR PLOWING GRASSLAND APPLICANT NAME: DawYN N0RTHUP co o 0:J -. O ADDRESS: P.Q. ION 47 st kAYM2R, CO 30742 a a w LEGAL DESCRIPTION OF GRASSLAND(S) TO BE CULTIVATED: 5b oz Acrea In the N.Y1/2 o; Section 31, Township 7 North, Range 57 Wear of co.51 t„e. 6th P. <. , Weld County. Colorado O ATTACH FOLLOWING: APPROVED SOIL CONSERVATION PLAN, ALL MAPS AS REQUIRED BY ORDINANCE 108-A, AND PROOF OF OWNERSHIP OF x GRASSLAND (S) OR, IF LEASED, PROOF OF AUTHORITY TO CULTIVATE. .. w PERMIT FEE: $240.00 for the first 100 acres = $240.00 10e per acre thereafter = rna Total = co J - M z COLLATERAL: (Must be in the sum of $30.00 per acre. ) Approved by fZlw the Board in the sum of $ ,ciao.or, utE o a PERMIT AND COLLATERAL APPROVED BY THE BOARD OF COUNTY a COMMISSIONERS OF WELD COUNTY, COLORADO ON THE 3rd DAY OF , 1,996(. 1989 . °.,y°z Landowner or Lessee N< 1 8i1 BY: � / 191 ;fir^ t" l ir2-/ �, ; r'' 0Z ' Chairman L m o+ DATE: -�✓,%"- �/5/ N�j �.Whd Ed,(,.�J NCO ATTEST: O F] A4 Weld County C erk and Recorder and Clerk to the Board SEAL 1_1, BYYDeputy County Clerk r .� This Permit is issued pursuant to Ordinance No. 108-A adopted by the Weld County Board of County Commissioners on March 11 , 1986, and requiring the issuance of permits for the plowout and cultivation of grassland (s) . Pursuant to said Ordinance, the Permittee is required to follow a conservation plan approved by the local Conversation District Board, must pay all applicable fees pursuant to Ordinance 142, and must submit collateral in an amount as set by Ordinance 142. Said collateral must be approved by the Board prior to the issuance of this Permit. 890393 Rev 4/1/86 PIiREORTED CApY Township- ( . Range v / , County._ __L-c.")61:-.0_____.State_. .(IV_.. , ORDINANCE NO. 108 PERMIT NO. x9-2 I 11 I 1 I I 1 i 1II i i t I I I t _ . ._1...- _ .._ M1—.___� _._. ...M1. _ ._ ._..— _].._.�._.�..., ate. 1 I , I I I I I I 1 , I _ _.�__. ...__....-. .1 __.._I. •. , .. .....II t _._' I I 1 .� .. - ._y-- _., „ ___la — ...._ 1 I 1 I 1 I I I i i I i_. I I I I 1 �..�� 1 I ( I I I i I 1 I I I I t .._. '. .. I _ EE I I I t I 1 14 ...:__ ... ,a ..IM1_��—....� ._1],.... j 1 !, i i I 1 I ..I' , I ... 1 I .. ' _- I , • 1 I ; I 1 I 1 I I 1 I 1 I ( L /1.111 I Z. I i p__.. -_—_ ...-, _.. _ _. 1 -.. ...1 I I I FORM 90 F 890393 • r MORGAN SOIL CONSERVATION DISTRICT OROANIXCO IN 1055 NOW 220 State Street Td phone 897.9955 FORT MORGAN. COLORADO 90701 March 8 , 1989 Delwyn Northup P.O. Box 87 New Raymer, CO 80742 Dear Mr. Northup: The Board of Supervisors of the Morgan Soil Conservation District have reviewed your request to plowout grasslands in the following areas: 68 acres in the N1/2N1/2 of Sec 31, T7N, R57W. They see no problem with cultivation of this area as long as the conservation plan is followed. Sincerely, da eLaTenv inda Sundstrom Secretary to the Board cc: Weld County Commissioners Soil Conservation Service 890393 V•5.OGPARYMENT OP AGRICULTURE SCSLPA48 SOIL CONSERVATION SERVICE 1.82 RECORD OF COOPERATORS DECISIONS AND PROGRESS IN APPLICATION Plowout Plan PLANNED APPLIED FIELD LAND USE AND TREATMENT MONTH NO. AMOUNT YEAR AND YEAR Non-Irrigated Cropland - 68 Acres Fld 1 68 acres 1989 Alternative 20 BCS (Conventional Fall Tillage w/24 in.+Sweeps) Winter wheat is drilled in the early fall months. Drilling of the grain is done normally by hoe or chisel type drills creating a rough surface. Tillage operations are composed of using subsur- face implements in the fall and a combination of surface and subsurface implements in the spring and summer months. Tillage passes should be limited to 4 passes or less excluding drilling. Herbicides may be used in place of tillage passes in order to maintain residue on the soil surface. 550 pounds of actual residue at planting time. 1990i Fld 1 68 acres III Terracing* Fld 1 68 acres 1989 609 - Surface Roughening In the event that other conservation practices fail to control wind erosion, surface roughening will be used as an emergency tillage measure where necessary. Surface roughening should be carried out prior to the ocurrence of wind erosion but may be performed during a wind event. The ' surface should be maintained in a ridged or cloddy condition. Burning of crop residues will not be conducted. Fld 1 68 acres 1989 Planned land use is to return field to grass in 3 years. * Terrace is at the producers option since field will be returned to grass in three years, the need for a terrace is questionable. I COOPERATOR ASSISTED SY DATE Delwyn Northup Vernon Haas _ 3/}039 890393 U.S.DEPARTMENT OF AGRICULTURE SCS-CFA•14 SOIL CONSERVATION SCRV ICE 2 .81 • CONSERVATION PLAN MAP . Owner Operator DPIWjN /Ye'r '4 'r County_ GyE.GD State C9/a Date 3-2-89 Approximate acres 4 2 Approximate scale 'V lsIt“: r Cooperating with McIRG/4A/ Conservation District g Plan identification �77 Photo number Assisted by L/PPNof Haas USDA Soil Conservation Service r ., .....,_._.:==.• � %s \..+s.T� y,rheW. it7:412:2'�h!'MJ,.ry ri yCl 4 • t.r � 77..v2'1' 77 r 4v^ :: '�'r ` �::eit 4, rRetC/Q0^�F��' ,"'/ I-j :Lest, �' `retie: • ax s1'',r sa ••'4 1•etr 1 4 ir' a,, y 'ti � '/Y -Qil • g•„ea 'r\�'y.� - t a�Ij si .A'k 11 n Y .2 .'t . .r• a .a �+r?5y. A3'r4y"1, . nw tl -0.--7rvv :rr��y r rk> ta51 �- F4 .}� yam+-g-7.r-- @'ai f 1 1rY �Ar�i 4Nle +.l i`lr Wlr gh Vi.)4 1�✓'M VS)71: \y.d f.. t..•1�r/ialy •1}' / / 'wrr+.i~l.J.M4•P .,1•% ,I• ; '...?�? ,4.. ,�r • ,Y • 1 1 X4 1\ r ',(y��4 ' w�4S fS,,aly�••11Tw�l•''"'�,,�.A(•W 424% a" 3'{ eMs• 1 ,1 ?� vt�rt"k "1y�7t rq.'v‘ ! 'e�q j>� 4. ' .hi 4ti ^b4 + •u fi 'v r t.* a`Mi 1 X71'! r? '� • A S ' wt„,,,-.),,.?-4-s.,,,,,, F4;T"•"'it..I r =....4,..0..1..4.41,‘,.. f l Sj ,* �4'*. Y v • qt yr'�',•^.,.q�A- w4 n n *.1 •C' 5rx agZ�°'o- 4r 1 4 4y'+'4 *Z*.1 pi .:1/4.:(1,:.-.1-A.;/.7:. Y'RY .r ' `" n'.r. #7 1 y11 n ":$1':,'''.4.1,a r1yti+N .-n 4 :' e l ti' i7a saN� t11 ,'Jnf-,t . r41 y`a7r'." .n'�fv ; Ay,•;liy •M1�.'AC.1! `,�,, �l 4.r ,r'.re•^`7- ,t )v r 'C v A.r..,,01,.tt '..e.l•a •n d.4 e�..r rr rt� f �, n.v Yf ytfr r ^TY'"4} 'Z ve 4�.C v 4 I M \ h.l S� 4! v tll � tw-..fr.4 al•a •Ms.q y S •.. .ra,c..$4,(li CC ` kv ,v1;+H 4 J' 1417 a 1'•\*4 f, ,. , .�y, r .. S �. 4 4.- •1• •. ♦ ♦v. • M'Y� a 0 4 r -.--.•••„-4,:t•-•0,•:•,•,:-h r 5 4�1K ' :4 ✓Z'.'�•{„j 4 r' x'I ,�. }P , µ?W1,•,i'w J ..-gyp._. ) r114e �Yr•t • • ti 4 •�Y'4'r e+i lrj�'.J 1�ywU',.w..4v;t+TN `tvs," +!MU 4 ^4',;4•K••-• •, Vµ.icftw 4 m � Igftl .J r M\ 1 ry.e b v" n rt s, 1 5,e w�%, r+ h r to 1•YLti „(r ` N 44 li ti44./4J ft.Ya,.i' .r •Po N. y�o ,r a a."Litt . +� r X.: ` •:`4-:,..2,,,,:i,k' aLV1i,.`ti7.,+ �, r -:r I.�AI'/!.. iQ�v �� \ t • 4^ ea'�rS�� ,�••• �� \M1h4g4y r ''n! hi• ..... .y... l5{�t • f' s w ,.li t rr ttfI,+`4 Ytiy:apn ^^' r V.v.1. i + \ N.2t1a1: 5itrr/ ,•IT ;,.1,4 ^eAy>I �h rnL ', i rf 1:e •Fy S 8'r ✓ 1�ic s,.,.,,,24‘;,' �."e^ti�.777�py�1� �,eyl T.s 4 4+` ,^ rM` Ir4�w\ty4 `/ •:. .... 14 . PII}9 . +1: '. L"!. `'y 41 ! R.\h i.J .t 4 Jr,l r ✓ . f r{yv 4 . ...ewe Els.ft +"�^p,;;;;f4r t f •r N-Iv w. 1 4 s F► ' 4 M .,.f`W !IL a.r'✓..rLr✓/:,with�" � ,14.1;—,•-• h'' ra( NtN±��y�',I ♦ r V �SK ri.Q.�_ •/ .�1ti)n. 4 *y',. 1 :e'•.� Pti.ay i.11 r �-�.. .... w• .t ..fin.} .jrS: L`'{i :'tu.'.1 {. 4 t 7i\ 'i‘,1-•---4.•:;‘,4�`,yAd .7 4 �eLIA: t litg:. r 4w..aa.a4iu - C..''..; .,....\7ri'YrL+IL•L%hr.W.�.f•......Qi i T 7N 6 .s7w • • • • 890393 ... 4 }:. • • U.S. DEPARTMENT OF AGRICULTURE SCS{pA-15 (348) NI , SOIL MAP Owner Operator QC/hjA/ NorILAU/0 County meRE'AN State Cob Soil survey sheet(s) or code nos. Approximate scale ?•T" ~^ IM 7 Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating (\ IT with 179ORCAN Conservation District 44 - 45• 40. _.. 44 72 as int\ e5. a: A5 45 44 36 45 Z 7$ 44 • • 31 r a5 32 a v . 33 44 70 44 49 ' as 72 4• 0 144 • 1 Map I Soil name symbol 40 (Nunn 1oa• •,, 0 to o perc^_.^. elopes----G4ll --CQSS---- --- •44 !Olney :ine sandy loam, 0 to 6 percent dlope; --- 45 Olney .fine sandy loam, 6 to 9 percent eloped `- 72 IVona loamy sand , 3 i;o 9 percent slope- - • 77 (Weld loam, 0 to 6 percent slopes Water • R.58 W.I R.57 W. .•...,,,nu _...... 1 $MILr5 1 890393 LETTER OF CREDIT j _ rt n- Q7 27 April 1989 _C.1.: ,:; Board of County Commissioners of Weld County Greeley, CO 80631 Dear Sir: We hereby establish, at the request and for the account of Delwyn Northup, in your favor, a Letter of Credit in the amount of Two Thousand Forty Dollars, ($2,040.00), effective immediately and expiring at the close of banking business on April 27, 1990, at our office at 202 Poplar Street, Sterling, Colorado. Funds under this Letter of Credit are available to you and will be advanced to you upon proof of violation of said individual's agreement in obtaining his plowing permit. Proof of the violation and this Letter of Credit must be presented at out office prior to the above expiration date. Upon the earlier of (1) our honoring of this Letter of Credit totaling $2,040.00 or before this Letter of Credit expires pursuant to the terms herein, or (2) the surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate. This Letter of Credit is automatically renewed for one year each April 27, unless the Board of County Commissioners of Weld County, Colorado is notified in writing sixty (60) days prior to each annual expiration date, that this letter is cancelled. This Letter of Credit will automatically terminate in the event of loan liquidation and discontinuance of business with this association by the said individual of which whom is responsible of notifying the Board of County Commissioners of Weld County, Colorado. This Letter of Credit is not transferable. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument of agreement referred to herein. I agree, and concur. e // Delwyn Nor hupG� r STERLING PRODUCTION CREDIT ASSOCIATION Approved - Date Zr/fir \ nece?Lr�-(J -"z• -�/ . /acv 890393 ADDENDUM TO LETTER OF CREDIT DATED APRIL 27, 1989 We, Delwyn Northup and Jodell Northup, do hereby authorize Sterling Production Credit Association to draw on our operating loan to pay any charges, up to the authorized limit of $2,040.00, against the Letter of Credit held by the Weld County Board of Commissioners. Date _ )L 11-9 C' Yf4QQ �.��GVLs�U1 Delwyn tOrthup Jode l Northup • 890393 A 4a Sterling Branch Sterling 202 Poplar,P.O.8ox 557 Sterling,Colorado 80751 Production Credit Association 303/522.7823 March 9, 1989 Board of Weld County Commissioners Greeley, CO 80631 RE: Delwyn Northup Dear Sirs: / Please be advised that Dglwyn Northup of New Raymer, Colorado does have a sufficient line chf credit to coven the necessary expense for breaking out 68 acres of grass at $3 00/acre, ;,`pi a total cost of $2,040.00. If you would have any 4uest/ons,fplease feel free to contact me. 1 Sincerely, Robert E. Blake Ass't. Branch Manager REB/llh cc: Delwyn Northup . C la A/C -IAA. f/✓/ O, `:/..r. ear,].•. "�r 890393 The Farm Credit System RESOLUTION RE: GRANT REQUEST OF MYRTLE CUEBISON TO PRE-ADVERTISE HEARING 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, Myrtle Cubbison has submitted a letter to the Board requesting that a hearing to consider a Site Specific Development Plan and a Special Review Permit be pre-advertised, and WHEREAS, a copy of said letter of request is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to grant said request and set the hearing to consider this matter for June 21 , 1989 , at 10: 00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Myrtle Cubbison to pre-advertise a hearing be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that said hearing be, and hereby is, set for June 21, 1989 , at 10 :00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: y^^ �^ WELD COUNTY, COLORADO Weld County Clerk and Recorder y .K b and Clerk to the Boa�d C.W. Kir , Cha' rman BY: 1G7?vrticeJ 1 „_ c.—cam/ Ja qu in J hnson, Pro-Tem eputy County 'erk EXCUSED APPR VED AS TO FORM: Gene R. Brantner George Ke ne y . County Attorney Gordo a 7/.0-4/ :/ / `r /2 890434 • • MaY 3 '1989 Dept of Planning Services 915 Tenth Street Greeley Co 80631 This Application for a Special Use Permit is extremely important to me. I need to get started to work as soon as possible AS I am my onit means If you would allow the Pre Advertising of my renuest it would save come time for me I have no money coming in at this time so any help you can give me will be greatly appreciated. '/ 590434 Exh A 46/(/* MEMORANDUM WilkTo Board Date May 17, 1989 COLORADO From Clerk to the Board Subject: Request to Preadvertise we have received a request from Myrtle Cubbison to preadvertise a Site Specific Development Plan and a Special Review Permit for a Peauty Salon Home Business in the Agricultural Zone District. This matter is being heard by the Planning Commission on June 6. We are recommending that the hearing date to consider this matter be set for June 21 , 1939, at 10:00 A.M. Thanks, 890434 • RESOLUTION N O RE! CORRECTION TO CONDITION OF APPROVAL FOR CHANGE OF ZONE - o MELVIN RAHM O WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home ❑ o Rule Charter, is vested with the authority of administering the � affairs of Weld County, Colorado, and o co-W o WHEREAS, on January 18, 1984 , the Board did, by Resolution, • approve a Change of Zone from Commercial Three (C-3) to Commercial ro x Four (C-4) for Melvin Rahm, for property described as part of the •• w NW} of Section 26, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and a oo a J WHEREAS, the approval for said Change of Zone was subject to N N six conditions, and OU) O [n WHEREAS, Condition No. 4 read as follows: a5 k "The Farmers Mart Subdivision recorded October co z 24 , 1977 , in Book 812, recording number N 1733938 shall be vacated. " 0 w Z WHEREAS, the Board has been advised that said Condition No. 4 x was not correct, and should be corrected to read as follows: mo MY, "The Farmers Mart Subdivision as recorded in Book 812, Reception Numbers 1733937 and ❑ w 1733938, and Book 842, Reception Number 1764132, shall be vacated. " WHEREAS, after review, the Board deems it advisable to approve the correction to Condition No. 4 of said Change of Zone. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition No. 4 of the Change of Zone granted to Melvin Rahm on January 18 , 1984, be, and hereby is, corrected to read as hereinabove stated. 7 c% f 890436 PJAP_OR7GOCODY . - Page 2 RE: CORRECTION TO COZ - MELVIN RAI+N. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. . 1989.‘2712“,kAAI� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder ie and Clerk to the Board C.W. Kirb , Cha 'rman BY: s k ±fl e o son, Pro-Tern eputy County C erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner C George Kenn y O County Attorney Gordo 890436 • DEPARTMENT OF PLANNING SERVICES ctip PHONE(303)358.0000 EXT.4400 00 '010 915 tote STREET 41141 GREELEY,COLORADO 80831 ■ C. COLORADO May 17, 1989 ' Board of County Commissioners CJ Weld County Centennial Complex 915 Tenth Street Greeley, CO 80631 Re: A correction of a condition of approval of a change of zone case number 2-394 for Melvin Rehm. Dear Commissioners: This request is to correct a condition of approval which incorrectly identified recorded documents which were to be vacated. The parcel of land which this request would affect is described as part of the NW} of Section 26, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located at the southeast corner of I-25 and State Highway 66. The County Commissioners on January 18, 1984, granted conditional approval of case 2-394. The approval of this change of zone case changed the zone district from C-3 (Commercial) to C-4 (Commercial). Condition of approval #4 of this resolution required the applicant to abandon Farmers Mart Subdivision, but incorrectly identified the plats and resolutions to be vacated. Instead of just Book 812, recording number 1733938 the conditions :should have also made referral to Book 812, Reception Number 1733937, and nook 842, Reception Number 1764132. The property owner has been notified of this error. He submitted a letter dated May 3, consenting to the correction. Based upon the gathered information and the letter submitted by the property owner, the staff recommends that the County Commissioners grant approval of this request to amend condition of approval #4 of change of zone case Z-394 to read, "The Farmers Mart Subdivision as recorded in Book 812, Reception Numbers 1733937 and 1733938 and, Book 842 Reception Number 1764132 shall be vacated." Respectfully submitted sar BJB:rjg 890436 HORTON CAVEY REALTY COMPANY COMMERCIAL REAL ESTATE BROKERAGE ANO OEVELOPMENT May 3, 1989 Mr. Brian J. Single Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 RE: Lovemont Investment Company re-zoning case number Z-394 Dear Mr. Single: We are responding to your letter dated May 1 , 1989, requesting a letter from us allowing the vacation of Book 812, Reception Number 1733937, which is a condition of the zoning change in case number Z-394 heard and approved by the Weld County Commissioners on January 18, 1984. It is our understanding that the vacation of the Farmers Mart Sub- division plat, and the recording of that plat, will not have any effect on the existing zoning, which is Commercial Four (C-4) , for the property. The undersigned general partners of Lovemont Investment Company hereby consent to the vacation of the Farmers Mart Subdivision recorded October 14, 1977 in Boox 812, Reception Number 1733937, if there will be no future effect on the existing zoning (C-4) for the property. Sincerely, LOVEMONT INVESTMENT COMPANY By: Horton Ca :•alty Company, a Color. .oynera artnership, Gener tn: r� In11 S%'�r1?y i+cvy D / ( i y4s�♦. r\V �� I erry ' . s: idaY 5 1989 "I • Weil Cu. Gi,.0,•,, �,,a,;;,..�,,. SePhe' 1. ma 1, 'a''h r. au man TKJ13kt 890436 • 9600 E.ARAPAHOE ROAD,SUITE 260 - ENGLEWOOD, COLORADO 80112 - (303) 790.8500 • RESOLUTION • RE: GRANT CHANGE OF ZONE FROM COMMERCIAL THREE (C-3) TO COM- MERCIAL FOUR (C-4) FOR MELVIN RAHM 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, a public hearing was held on the 18th day of January, 1984, at 2:00 o'clock p.m. for the purpose of hearing the applica- tion of Melvin Rahm, 24 South Main Street, Longmont, Colorado 80501, requesting a Change of Zone from Commercial Three (C-3) to Commercial Four (C-4) on Part of the NW', Section 26, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Commencing at the North One-Quarter Corner of said Section 26; Thence S00°13 '00"W a distance of 40. 00 feet to a point on the South Right-of-Way Line of Colorado State Highway 66; Thence S89°25' 00"W and along the South Right-of-way Line of Colorado State Highway 66 a distance of 1270.76 feet to the True Point of Beginning; Thence 800°13' 00"W a distance of 1279.93 feet; Thence S89°25 ' 10"W a distance of 1325.86 feet to a point on the East Right-of-Way Line of Interstate 25; Thence Northeasterly along the East Right-of-Way Line the following 3 courses: 1) N00°25' 30"E a distance of 206. 37 feet. 2) N16°00 '00"E a distance of 1088. 80 feet. 3) N85°59 '42"E a distance of 500.89 feet to a point on the South Right-of-Way Line of Colorado State Highway 66. Thence N89°25' 00"E and along the South Right-of-Way Line of Colorado State Highway 66 a distance of 529.35 feet to the True Point of Beginning, containing 35.011 Acres. WHEREAS, section 21. 6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission, and having been fully informed, finds as follows: B 1021 REC 01957114 02/24/84 14: 12 50.00 1/003 F 1810 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890436 it i „ tr. ',IMPORTED COPY Page 2 RE: COZ - RAHM 1. The applicant has complied with the application require- ments listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: a) It is the opinion of the Board of County Commissioners that the applicant has shown that changing conditions in the area warrant a Change of Zone; b) The uses which would be allowed on the subject pro- perty by granting the Change of Zone will be compat- ible with the surrounding land uses. The subject site is currently zoned Commercial Three (C-3) . Surrounding property is zoned Commercial Three (C-3) to the east and Planned Unit Development (the PUD Sekich Farms contains 22 lots on 114 acres and was approved by the Board of Commissioners on February 15, 1983, to the northeast.) Interstate 1-25 is west and State Highway 66 is north of the site. There is also a Commercial (C-3) zone one half mile to the north of the site on 1-25 Frontage Road; c) State Highway 66 will provide adequate access to the site; d) The proposed Change of Zone is not located within any overlay district. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Melvin Rahm for a Change of Zone from Commercial Three (C-3) to Commercial Four (C-4) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. All buildings, structures and land located in the C-4 District shall be located, designed, used and occupied in such a manner that the design and Operation Standards contained in Section 33.6 of the Weld County Zoning Ordinance: Performance Standards, are met. 2. The applicant shall apply to the Colorado State Highway Department for a "Permit for Access" prior to the issuance of any building permits. 3. The applicant shall meet all the requirements of the State Highway Access Code at the time they apply for an access permit. 4. The Farmers Mart Subdivision recorded October 24 , 1977, in Book 812, recording number 1733938 shall be vacated. 5. The applicant shall submit evidence that the Little • Thompson Valley Water District can supply adequate water service to the site to serve the uses permitted within the Commercial Four (C-4) Zone District. B 1021 REC 01957114 02/24/84 14: 12 $0. 00 2/003 • F 1811 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890436 cl Page 3 RE: COZ - RAHM 6. The applicant shall comply with the requirements of the Weld County Health Department recommendations in a memorandum dated December 1, 1983. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D. , 1984. /1227.0s, - . BOARD OF COUNTY COMMISSIONERS ATTEST: .�,n�`/`^'»',Z4'.''•' WELD COUNTY, COLORADO Weld County Clerk and Recorder Cs' , Z0 and Clerk to the B rd Norman Carlson, Chairman By^/ p i EXCUSED 'Deputy County C erk Jacqueline Johnson, Pro-Tem APPROVED AS-TO FORM: Gene R. Brantner County Attorney C uck Carlso9*-2--- a'�-44.. r. )22,90f$/ Jon T. Martin B 1021 REC 01957114 02/24/84 14: 12 $0.00 3/003 F 1812 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 012384 890436 C-:, (CoIilmcr(.i..3c,,STK1C. . To C-4 CG42rsunn.erClu/; • ....t.71'6.--ti-'11 B 1021 REC 01957113 02/24/84 14: 11 $3. 00 1/001 (Al1 F 1809 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO _@ IALO. STATE HIGH\-AA'( 44 T,,.).t: K.4.6‘.....1 N a6•S4'4L�'E MEol fps"E Z 14. l.luE Nw 1/4 SEG•2.1. C.TK P.M, 500.94 _ `.—' Q 'S 84'T.5'OG"W IZ,0,76Y S� 1,' � 10 • 0.8. clo.00' a m' in 8 • ° 0- rr W 4, N Y L.o.,-,„,1As / 1/ 3 °16 Ae. s 48 W Z A' F� I.0 1. 8 ' N • F! °No 0 8kl) S C?4•LS'10"w 13Z5.ec.' 1 SZblc: 1 . 500' • LE4AL OEsc.nwno).l cooticIK. AT M tars aK-0LINITER CORER Of SAID SECTION 26; PUCE SOO°13'00'M A DISTANCE OF RO.OD FEET TO A POINT W TIE SOUTH RIG1T- OF-NAY LIE Of COLCRADO STATE MIGMAY 663 THENCE $69°25'OOM MD 7 AMC PC SOUTH RIGHT-OF-NAY LINE OP COLORADO STATE NIGEIAY 66 A DISTMJCC Of 1270.76 FEET TO THE TRUE POINT Of BCGIFNI/C; Tea SOM13'OO'M A DISTANCE Or 1279.9) FEET; TICNCC S89°25'IO'M A PONT :5- ,/v TANCE of 1325.66 FEET TO A I Cr,Cr, NT W Pc EAST RIC .O'- Y UPI CC 47 INTERSTATE 25; TNCNC! KIRTIEASTCRLY A.0eG TIC EAST RIGHT-OF-NAY Lilt TH! POLLGWING 3 aLRStS: 1) N00.25'3O" A DISAMU Of 206.37 PEST. 2) N16°00'00"! A DISTANCE Of 1088.80 FEET. , 3) s85°59.42" A DISTANCE Of 500.69 POET TO A POINT CPI PC SOJTM R1G0.O'-IMY LINE Of COLORADO STATE MIGIMY 66, PENCE N89°25'OO'C AND AIOC PC SOUTH RIGAD-OraY LINE Of CO‘CA/410 SIAM NIGRNY . STAKE Of 529.35 PUT TO PC TRUE Mira Of BC- CIINING, v5 L I ACRES. 2 NVPi (' ' A , p`., e•. L 1 ,4E RRTIYY TX i`.ylM1 '. VLA7 WAS PR►PANED UNUwu NY su ' _'ION;pA�NEDI�ITHHYAT 1 E IS CON •. TO :52 1.;B'T•U1.a2 �ist1° E 'I%�!__&r • ' /�! Lam! • /_ / J!�'• N •`WEN, . .. TO LAND SUHVSYO* ,4 • tell •.• 0 - — M A NL qij -'VEVELOPENS. LTO. P•.PER, •dl.:.'• ' L/ 1. ' , BEING THE SOLE OWNENIBI IN 6E Of THE AUOV ' DESCMLUBU PNOPOMTY, DO MERBBY NEQUEST THA ZONING AS BNOWN ON THE ATTACHED MAX'. ,// TIIE POMEGOr CSXTIYICA'PIOM WAS ACKNOWLEDGED BEFORE Mc TH1S_9_T 'datrge ((s." A.D.. 19Yr'/WITABSB in MAW AND BAAL MY C&MISSION EXPINNES. P -_‘2:LLIi!e.a.e • ADUMASB aac4 . 704W PLANNING COMMISSION CV.MTIYICA'L ,yN TH13 IS TO CEN'TIYY 'MIAT THE WELD COUNTY PLANNING CUMN18SION OU6B HEREBY RECOMMEND TO THE SOAK') OP COMMISSIONERS. WELD COUNTY, COWMAU0 VON '1'l1ELN CUNYIHMATION. APPMOVAL ANU WP'I'/UN UP T'NIal - LONI CHANGE AS SHOWN AND DESCN1bgj HENSON THIS?• 4 s DAY OYCC... -,r CH 4 AN, HUG COMNIB6WU - • �" Q9AND QYS'OVNTY CQMMISS1oNIKS CSI4tIYICA7I�M 'Air,—. 1. ,•'! • THIS IS TO CENTIYT THAT THE WARD OF COUNTY COMMIbSLONERS. WELD 1 'W COUNTY. COIAMAUQ W NNKENY CONPIMM. APPNOVE el IIyOVY 'THIS AONA - • i ENANC► A4 MOWN AND DESCRIBED NENEUN THIS C\ 1 fl ` MT a t9R.4 '//�r_ BOUNTY • aniati ANR CMAIRMAM. ROAMO OY CO. C0NATE GION►rA DNY Y ARCOADED. ••••• 890436 DATE, JR OEVCLOPCRS, L20 ENGINEERS/SURVEYORS/COSTS SPRUCE.store 2001 tNGLEWUOD. COLORADO 80112/3422 24u-P.,w Ft, innnnrcnr'fQY ` .2,0014X0 OU 2621282 81.2 Recorded m —.0 o'clock ...�.,.N�_OCT 2 4 197 �� J J V a 733938 Rec. No, Mary Ann Feuemefn, Recorder 0 19 r Di- 1 t. t\v u+ RESOLUTION ` c'w\i,VAIA V 4"1 100 RE: GRANT OF CHANGE OF ZONE FROM "A" (AGRICULTURAL) T �$ .)0O" (COMMERCIAL(COMMERCIAL UNIT DEVELOPMENT) FOR LOVEMONT INVESTMEN CORPORATION. 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, a public hearing was held on September. 14 , 1977 , in the Chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Lovemont Investment Corporation, 6801 S. Yosemite Street, Englewood, Colorado 80110, requesting a change of zone from A-Agricultural District to C-Commercial Unit Development, for a tract of land located in that portion of the NWT of Section 26, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the N4 Corner of Said Section 26 , and considering the North line of said Section 26 as bearing South 89°25 ' 00" West, with all other bearings contained herein relative thereto; Thence South 00°13 ' 00" West, 40. 00 feet to a point on the South Right-of-Way line of Colorado State Highway 66; Thence South 89°25 '00" West, 1270. 76 feet along the South Right-of-Way of said Highway 66 to the TRUE POINT OF BEGINNING: Thence South 89°25 ' 00" West, 530.18 feet along the South Right-of-Way line of said Highway 66 to a point on the Right-of-Way line of U.S. Interstate No. 25; Thence South 85°59 ' 42" West 499. 81 feet along said Interstate No. 25; Thence South 16°00 ' 00" West 1083. 80 feet along said Interstate No. 25; Thence South 00°25' 30" west 206. 43 feet along said Interstate No. 25; Thence North 89°25' 10" East 1325. 64 feet; Thence North 00°13' 00" East 1279.94 feet to the TRUE POINT OF BEGINNING, containing 35. 0 acres, more or less. WHEREAS, the petitioner was present, and WHEREAS, there was no opposition to the request of the petitioner for a change of zone upon the aforementioned tract of land, and WHEREAS, Section 8.2 and 8. 3 of the Weld County Zoning Resolution authorized the Board of. County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the re- 890436 BP° 812 1'733938 quest of the petitioner and the recommendations of the Weld County Planning Commission, and having been fully informed and satisfied that the request for rezoning complies with the Weld County Comprehensive Plan and the conditions set out in Section 8. 2 and 8.3 of the Weld County Zoning resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners 'of Weld County, Colorado, that the petition of Lovemont Investment Corporation for a change of zone from "A" (Agricultural) to "C" (Commercial Unit Development) on the above described tract of land, be, and hereby is, granted subject to the Development Standards. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated July 5, 1977, be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO' i J -i•e iii•. ; ,,,�, . ` is ATTEST: nCQ e 1J Weld County Clerk and Recorder and Clerk to the Board,_ By:\, (, Deputy County Clerk I APPROVED AS TO FORM: ( , Asst. dOUsity Attorney • 890436 -2- Date Presented: Scpt<»I,,,,- " . In-,-, .ti RESOLUTION RE: APPROVAL OF PRELIMINARY PLAN, LOVEMONT INVESTMENT CORPORATION. WHEREAS, the Board of County Commissioners of Weld County, 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, on the 14th day of September, 1977, the preliminary plan of Lovemont Investment Corporation was submitted to the Board of County Commissioners for approval in accordance with the • Subdivision Regulations of Weld County, and WHEREAS, the Board of County Commissioners heard all of the testimony and the statements of those present, and WHEREAS, the Board of County Commissioners had evidence presented in support of the approval of said Preliminary Plan, and no evidence was presented in opposition to the approval of the Preliminary Plan' for the following described real estate, to-wit: Part of the NW' of Section 26, Township 3 North, Range 68 West of the 6th P.ti. , Weld County, Colorado, being more particularly described as follows: Beginning at the 141/4 Corner of Said Section 26, and considering the North line of said Section 26 as bearing South 89°25 '00" West, with all other bearings contained herein relative thereto; Thence South 00°13' 00" West, 40 . 00 feet to a point on the South Right-of-Way line of Colorado State Highway 66; Thence South 89°25' 00" West, 1270.76 feet along the South Right-of-Way of said Highway 66 to the TRUE POINT OF BEGINNING: Thence South 89°25 ' 00" West, 530. 18 feet along the South Right-of-Way line of said Highway 66 to a point on the Right-of-Way line of U.S. Interstate No. 25; Thence South 85°59 ' 42" West 499 . 81 feet along said Interstate No. 25; Thence South 16°00 ' 00" West 1088. 80 feet along said Interstate No. 25: Thence South 00°25' 30" west 206 . 43 feet along said Interstate No. 25; Thence North 89°25 ' 10" East 1325.64 feet; Thence North 00°13 ' 00" East 1279.94 feet to the TRUE POINT OF • BEGINNING, containing 35. 0 acres, more or less. WHEREAS, the petitioner was present, and WHEREAS, the Board of County Commissioners has studied the request as submitted, and having been fully informed and satisfied that the submitted preliminary plan conforms in all respects with the requirements of Section 5 of the Weld County Subdivision regulations, and that approval of said preliminary plan would be in the best interest of the County. 890436 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the preliminary plan for Lovemont Investment Corporation, 6801 S. Yosemite Street, Englewood, Colorado 80110, located in the NW? of Section 26, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated July 5, 1977 , be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELTS' OUNTY, COLORA O • ATTEST: , C":." ',,: •� f Weld County Clerk and Recorder ankl Clerk to the Board i � / 4 y i r, 1, l`�.. •� ,'T • u Deputy County Clerk APPROVED AS TO FORM: \_ J AsstCounty Attorney -2- Date Presented: September 26, 1977 890436 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE AND THE WELD COUNTY ZONING ORDINANCE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance are Lee C. and Judith C. Archer; Prima Oil and Gas; Lyco Energy Corporation; Hal Herbert Lee Roy and Christine Lynn Smith; and Ira P. and Mary L. Daigle, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Lee C. and Judith C. Archer; Prima Oil and Gas; Lyco Energy Corporation; Hal Herbert Lee Roy and Christine Lynn Smith; and Ira P. and Mary L. Daigle to remedy the violations of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance, 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. J')/.O'/ 9 i e e� h/J 890425 Page 2 RE: ZONING VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder A'1�� and Clerk to the Board C.W. Xi y, C airman• ie- BY: �,� J c lin o nson, Pro-Tem eputy County C erk APPROVED AS TO FORM: ,e . Bra tner George ounty Attorney Gor 890425 44ti' MEMORAnDU W�iiO c. To Board of County Commissioners on• May 18, 1989 COLORADO From Department of Planning Services subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: ACV-1119 BCV-1078 Lee C. & Judith C. Archer Prima Oil & Gas 2631 64th Avenue 1801 Broadway Greeley, CO 80634 Suite 500 Denver, CO 80202 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890425 fs`t mEmORAt1DUm 11110 To Board of County Commissioners Data May 17, 1989 COLORADO F,or Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance . Building Code Ordinance Violations: BCV-1077 Lyco Energy Corporation 240 N. 7th Brighton, CO 80601 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials ate available at the Department of Planning Services' office or the Weld County Attorney's office. 890425 tet mEmoRAnDum ��• To Board of County Commissioners Oats May I6. 1989 COLORADO Prom Department of Planning Services Subject; Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Zoning Ordinance. Zoning Ordinance Violations: VI-1342 Hal Herbert Lee Roy and Christine Lynn Smith 15682 Morris Avenue Fort Lupton, CO 80621 VI-1341 Ira P. and Mary L. Daigle 8810 East 88th Avenue Henderson, CO 80640 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890425 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR RETAIL LIQUOR STORE LICENSE ISSUED TO RONALD FAHRENHOLTZ, D/B/A CJ'S LIQUORS - EXPIRES AUGUST 15, 1990 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, Ronald Fahrenholtz, d/b/a CJ' s Liquors, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Retail Liquor License for the sale of malt, vinous and spirituous liquors for consumption off the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C. , said applicant has paid the sum of $87. 50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption off the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3907 Highway 119, Longmont, Colorado 80501-9543 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-10 to said applicant to sell malt, vinous and spirituous liquors for consumption off the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until August 15, 1990, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors in sealed containers for consumption off the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. ', 4 " O✓ 6 890426 Page 2 RE: RETAIL LIQUOR STORE LICENSE - CJ'S LIQUORS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Board C.W.Kirby, Ch rman By,: J F u line �hnson, Pro-Tem putty County ark A/ APPROVED AS TO FORM: one R. Bran . er George Ken dy County Attorney Gard . 890426 crI ,�',.� IIfFA ,,,lf/,PTti., 171711� �,llrA.ld,� 11 ,,,lAliatlT • �@ O C D IlOr . C30 p • D .(4 .. . t „ t off 3 �( Liquor Enforcement Division 1375 Sherman Street rb,,, ,„, Denver, Colorado 80261 FAHRENHOLTZ RONALD C JS LIQUORS 3907 HWY 119 LONGMONT CO 80501-9543 ,3 fi tiii IIM -s?:;\) Alcoholic Beverage License 94 — ' LICENSE E%RRES AT YDNGNT Account Nixts County City Intiy.t. Twe Lia0I ty Date's 14-23087 03 206 5921 1. 081683 AUG ,Lb 1990 iiii err Tyw Nuns anti 0ww9lgn a License Fe, C RETAIL LIQUOR STORE LICENSE -- I \\ MALT, VINOUS. AND SPIRITUOUS $ 50.00 COUNTY $5 pGRCF.yT OAP FFF f.J 12 ASO (l/ r TOTAL MEW) I i 162.50 0 This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47. CRS 1973. as amended. This license is non. I)).- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue. Liquor Enforcement Divison, 1375 Sherman Street,Denver,CO 80261. sl\-\;),1 (- t In testimony whereof,I have hereunto set my hand. fli • Di' / MAY 1 5 7989 Executive Director "'N 77)\I Cr Division Director rlf OR 8602(3.88) 890426 �\ :i r i, ,s• 14 r i. 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Y Ce' O 4� ^ pu O `.. - chi, sr.: r ' m ' • rl ,..,,‘11:::::.,1r CrJ / • 0 \. COY '•C etn o y N d LG ;F P LO ., . # O • A W W H ! O IW7 bl �','� �` v a !C 'its co v r� y y j r n DJy� p0 n F' Av, ~ p pp a �,r4 • ti YIm (9 O m Cr il O '•4 H .'. rrl ` ;♦`� 1` jrt Ufa — 0 In t j O '1 d/ rJ . A c, ' 1 1 II (l"• / 0..... LlT i .){:;:))).:1;'•; :4:.,:-:.,;:'4.:;',4,1,.:;:f . e* ; I /✓ II7 1 1 nGi' IL [ •11J„ f � I4-.,--724 ,_. eC JG rV .w W .e. W • '4''., y . t d 'IF'le a L5 ,Yh \ :ti I i J tl"r� /I ,3d L ♦S! P ':',...•;' ,11:%;;,,i.;... ♦ r / 4y t a \ / i r 1 � J , i; 1 i t '`' tI✓11, t , 1. ,I/t t d4�♦.,�Irr FJr�Lsi{t'2♦�nfi�t `ta‘it ♦,F/ri�l fi v ,}i✓t , \, 1 ✓✓C, , I t i5 2 W , i ✓'• i G. 'gi / ..,4:•:::... .ni.✓ , 890426 , ( § « Col & \ ; \ \ k/ \ z � � \ 7' ..- \\ \\ \ _ ; k 4 C ) / } \ . \ \ ., / \ } ® §\ \ § \ \ \ \\S \ \ _._r •__.& ): : l / \ I Ii I / f1 ! li JjO . I. a § } ■ �iII' } � $ 2 2�� I : 11 2 � .. ... . . 2 § fg ~ ^ \ \ . \ . ()Nil2 2 . </ � 2I / � . . 2 §i! 1 ) 3 \ cii . . . \. ; \ ] \ / \ A} � 8 % & ' f � 2 = \ i N (ar I , � § �� ®k 2 ] ) \ ] ! ew 4 ‘------"r"..""""— 46.X- 2 .- 890426 DATE: MAY 4, 1989 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: RONALD FAHRENHOLTZ, DBA C J'S LIQUORS 3907 HIGHWAY 119 LONGMONT, CO 80501-9543 TYPE OF LICENSE: RETAIL LIQUOR STORE SHERIFF'S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED. HEALTH DEPARTMENT REPORT: 690420 I DR 5400(3/88) .. Colorado Depamnentof Rorie LIQUOR OR License Number: License I Liquor Entomement Division YPe 1375 Sherman Street 3.2 BEER LICENSE 14-2 3087 C Denver,Colorado 80261 RENEWAL APPLICATION liability information: 868-3741 03 206 5921 1 0a1o83 i FAHR&NHCLTZ RONALD Banes&Location: - C JS LICUCRS 'S'907 HWY 119 3907 Wet'? 119 LONGMONT CC ' • LONGSMONT CC 80501-9543 Current Lapse Expres: AUG 15 .1989 ©T;T yJ©OLIu 0 it O© PY YOUR PROMPT ATTENTION IS REQUIRED. FAILURE TO COMPLETE THIS FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. •pILL OUT THIS FT)RM COMPLETELY, AND MCI(APPROPRIATE BOX BELOW. This renewal reflects no changes from last application. •SIGN THE FORM' ..,There are changes from last application,(Report changes on •ENCLOSE TOTAL AMOUNT DUE tom DR 8176-'Repon of Changes-Liquor and 3.2 Beer •SUBMIT FORM TO LOCAL(CITYICOUNTY)LICENSING AUTHORITY FOR APPROVAL I ienrurn'rind attach Mat form to this mnnwnl nnnficntinn) •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES I declare under penalty of perjury in the second degree that this application and m7 attachments weave,coned,and complete to the best of my knowledge. Auth ed Signnature: Data: Business Phone: r� - er' — --, _. i 4, 2 c: :Y :; =,t '. -- I - 35 to of Signer(it corporabon): Sales Tax No. A- -7_3 c; SUBMIT-THE STATE COPY ANO LOCAL(CITY/COUNTY)AUTHORITY COPY 10 YOUR LOCAL(CITYICOUNTY)UCENSINO AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION: Wholesaler,manufacturer.importer,and public transportation system license renewals do not need local Licensing Authority approval and must be returned drecdy to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises,business conducted andcharactor of the applicant is satisfactory, and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S, THEREFORE THIS APPLICATION IS APPROVED. ../",z ideal Lie.Audi,ID.No.: Local Licensing Authority for: �� ey,!9"'t r TOWN/CITY Weld County `� - g COUNTY Signature: , Title: Chairman Date: 7/C 1C1,ty' Board of County CommieeionerC 5/8/89 _Do not detach ' Do not detach Co not doted? Do nee detach (tenor detach to nottietac fr Do not de tech y :> t0@59Ca4°a:.,TMd' �?.'.°4lIM".,.t 2'9....,,.,.^s, -.•..-,..- .�_,... ,-. -._.._.- .. _ _ --- _. LoNc;MONT Co r- 0 Use License Number LIABILITY INFORMATIQN RENEWED LICENSE 0 _Name/Trade Name: tow Refunce county City Indust Type (lab. Date EXPIRES AFTER 33 t:AHRr.NHOLTZ W NALC 14-23C8 ? D3 206 5495.2:(1(9:13):6'33 08-15-90 LS TYPE OF LICENSE ISSUED Ji ATt 1-EE ITY s% AA CO 85%OAP dig v1T-i �4) 404 14r-m IETAIL IIGUC2 ::TORE LICENSE — ;. 9.ti '•'ALT. VINOUS, AND r" SPIRITUOUS (3) 20 $ 50.00 E ZLZ.50 m 0, mi 2E m- Make chock payable to: COLORADO DEPARTMENT OF REVENUE TOTAL AMOUNT DUE 0^ P S 262.50 m £$FENDED HOURS-Applies only to Hotel—and Restaurant,Beer an no,Club,Tavem,and 'Extended hours? Se Arts licenses.If desired,check yes'and enclose Total Amount Due PLUS S1 T0,00. ❑YES ❑ NO t' DO NOT'4Y517E QFLOW THIS LINE 8904.26 �f ".a K,rr -- �'.,..*.r'�'1".Yr ti�I..+-.w-.`; L�_�..�....w.w'h.-,.,�, •__..•a w..•_-. wo:r�.,. -... .".'-a'rw.Ys'�.'." 'rv.,.. °""°"""' Attachment to Liquor/3.2 License Renewal Application This page must be completed and attached to your signed renewal appgatlsa form. Filers to include this page with the application may result in your lion.not being tseraaed. Trade Name of Establishment stetq License Number C'. I 1n. 1, ;_rS l4 1. Do you have legal posesslon of the praises for which tale abdiebon for keme ls model YES® NO❑ Are the Premises owned or rented? f'‘ v-'ft)F ;\ If rented,effectke and expiatbn date of base: 2. (a)Has the appkeent,or any of the porters,or officers,stockholders or directors CUf said spoked(if a corporation)ever been YES❑ No21 corrected of a crime?If answer is yes;explain in detail and attach. (D) Have personslendrngassistaneeOr?hinelalstaiorttOteappkantOrmaager,orempbyees,everbeencorsktedo(acrint? YES❑ NOQ If answer is yes;explain in detail and attach. 3. Has the a°pkant,or any of the partners,or officers, hectors or stockholders of said a°pYunt(g acaporatbn)or manager,ew: (a) been denied an alcoholic beverage license? rts❑ NO lb) had an alcoholic beverage license suspended or revoked? YES NO® (c) had interest In any entity that had an aicohak beverage license suspended or revolted? YES❑ NolZ M answer is yes'to any of the above questions,explain M detail and attach 4. Does or did appibant,Or any of the bother*,or offlcers,bettors or stockholders of said applicant(V a corporatio&have a dkxt _.YES❑ NOE or Indirect kiferut In ari/other Colaedo bier ktense Oracle bans to or from any licensee,Or Interest in a bar to any licensee)? If answer is'yes;explain in detail and attach. 5. identify the persons,firms or corporations who now or we have a financial interest evidenced antler by a ban to,Or equity ownerslsp in,the business for which tot license is requested.State the names and addresses and the mount and source of such financial interest(1e.,bar,relates,friends,previous owners,etc.),expressed in dotes or other items of value.such as Inventory.furniture or eadoment.Use separate sheet If necessary. Name Address Merest Type and Anent 6, Ust on a separate sleet the names and addresses of ail liquor businesses in which any of the persons In*action No.5 are mater**interested. 7, Operating Manager Address Date of Brat Vic[ , 111 /?� dz./ Cy/Pi?. / t,/1 Yyin;.r ( cM l7 -7 9.3 / 8. If the applicant Is a corporation,rows the bkwrag: (a) Corporation is invited under the laws of the Stale of: Deb Mcorporataa (b) Principal place of business is: (c) Date of filing last wnual corporate report to the Cob,Secretary or Sate: (d) Neste of each officer listed babes: President Home Address 'DateaBittn VicePres. Home Address Date of Birth Treaswer Home Address Date of 8ktti Secretary Home Address Date of Bath (e) list ON stockholders,5%or over,(If a public corporation)including ace*owner or Pledgee,(Use separate sheet If necessity) Name Address Percent of Stock Date of Birth Name Address Percent of Stick Date of Bit Name Address , Percent of Stock Date of Bath (O Name Of all Drectcrs'/f'ustees of Corporation I Name Address Date of Betts I Name Address Date of Bittn 8,if appecant is partnership list all general partners.Use separate sheet If necessary. Namge ( Address 1 i ;, i Date death 'i/irr '.- � �A Jk'i�n�_i64-T 1111 /IRthrkr/ Cie /AAA rfir.CtI L11n /2 !1 5I Name • Address Date of Bath 1 1 i 890426 O W N Q N •, N y n 2' O C y f u_ - H W la E ta,� r w x O H N I v 7 S 1O p O W O - e 7 x WOW O. 7 j O m BNEoin T. rk ¢r 0. gG t~+1 W t ; — � 9 - I o-7U ^I CI .. ✓; t- . ._ - 596I ounr .008E a.od Sd ' p 3 U I- ig . � 1 If • le 000 I r 0 !: 2 j . : lads in III Q ; Z u,' l 1., Wr ' o W. u I b . Is' n4: twu • add aF S i 1 i zo . w ' t“;,, N I Fs - OFIN CoHI „ zw 1 t:,11111 ; 411c9 J ., 2 t . R a X • %b , , 1 8.2 „..: w . O ,..., .„ I .7v .rq I I, 0 i •2 a -- 0 * a XrZ a ki a. • 890426 TREASURER'S OFFICE,WELD COUNTY' yq N° 4174 • �//�__ _n -/ j .G.r_eeley,Colorado '7/,J . ,19u/�ir/ RECEIVED OF.�,✓pf/71 X.id, d�y4VVWJngt7e 527 $ . .G�.lr an ' am.O1)*C1/3 f/ FOR CREDIT �J /e n �� County General Fund 101 0000 /!� �lC/(r/�/p( C ![(1�J- I�� ° l Health Department 1190000 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road&Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 8100803 Fee Fund 900 0912 I � School District Gen Fund School District C R F 890426 v School District Bond Fund FRANCIS M, LOUSTALET . /' TOTAL AMOUNT (� County Treewrer WI( ,C 7 SO I I I l l 4/ RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO VALLEY HAYLOFT, INC. , - EXPIRES JUNE 26, 1990 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, Valley Hayloft, Inc. , has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, Valley Hayloft, Inc. , has also presented a Change of Corporate Structure removing the name of Gerald Moore and adding James Moore as Vice President of said Corporation, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C. , said applicant has paid the sum of $98.75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3101 Highway 119, Longmont, Colorado 80501-9543 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-9 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until June 26, 1990 , providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. r 890427 Z e 00/7 ee:: �; �,t,:: Page 2 RE: TAVERN LIQUOR LICENSE - VALLEY HAYLOFT, INC. BE IT FURTHER RESOLVED by the Board that the Change of Corporate Structure, removing the name Gerald Moore and adding James Moore as Vice President, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989 . c/ BOARD OF COUNTY COMMISSIONERS ATTEST: 4�„�‘721WELD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C. Kir y, Ch rman EXCUSED (,--BY: Cr/jsrt Jac u line Johnson, Pro-Tem eputy County C rk ,i APPROVED AS TO FORM: ,en rant er `" George Kenn dy _ Coin County Attorney �� ! /J Gordo -' .- L c 890427 ...,.•—.."-e.,,,,nrY+na�--+.Y"' "t"'iF+.- w.:r .a.wr�...'.Y^'K.+.,w'+�'ur+�w!"v+' y ......s........ '.4 '.r ' "+ • 4OR 8176'(TClB'l�..,,, . Use to report change of corporate Colorado Department orfbvenue REPORT OF CHANGES stucture,charge of trade name ' Liquor Enforcement Division LIQUOR AND 3.2 BEER LICENSE or change of manager only. 1375 Sherman Street • Submit b Local Authority Denver,CO 80261 303-863-3741 (Local Authority will submit to State) DO NOT USE THIS,FORM TO REFLECT A CHANGE IN PARTNERSHIP. IFTHERE IS A CHANGE IN PARTNERSHIP,USE THE DR 8404 OR DRL 403 AND FILE A CHANGE OF OWNERSHIP WITH YOURtOCAL UCENSING AUTHORITY. ALL LICENSEES FILL•OUT THIS SECTION '"'k (Plsas fHmryor type) , SALES TAX ACCOUNT NO.: /N -/57Ly APCANT NAME: LICENSE NUMBER: Vr4//a y Nhry A4'34, rNc /t / r. - 77 — 9L 2 TRADE NAME: {,� /are f AClffvpt�1L_�L,'„., TELEPHONE NUMBER: ..ADDRESS OF LfCENSLO b&ENiitS DATE MAY 4 fi 10R9 Street Address Y/á/ Mury. //P City 4U Vivo*f State GoLO, zip to5o/ MAILING ADDRESS: 9 tJ / Street Address J/o/ r tt'y. ii % City Jo N,4(-rfelt04 State Co k r Tie Ae cry CHANGE OF CORPORATE:STRUCTURE corporate licensees only)°Attach a Certificate o1 Good Corporate standing; and,for eadhMew.officer:director,and stockhoMereattach.a,@RIA04 }IndiekbaWiefaryRecord ardYCopy;ot.Minutese w :rte? ---- NAME of new corporate officers a directors: HOME ADDRESS D.O.B. - REPLACES(Name):President F_Jmr. in Men j• (-.._ f/a! ft &y //9 4y/?/lot, — I Vice President,. pl..&J/ mate. ?/G / Ntii y .117 7/F!'1/ _i'a_nres Moore Secretary 5/, ' rl•" "7y. gici, 3//D/ // u.T /rY 9/.7 //SG Treasurer c,r'/-/Py .T en y d 1 to/ /-/t' i/ 8/2 '' - rvEW$TOCKHOLDERs/TRA fERS OF CAM OL STOCK HO E ADDRESS D.C(B. %OF STOCK NOW OWNED DIRECTORS: HOME ADDRESS D.O.B. REPLACES(Name): CHANGE OF TRADE NAME,. .;: , ` 040 TRADE NAME: I NEW TRADE NAME: i CHANGE'OF MANAGER (For Beer Tavern, ice sees�m ist subm t a OR 8367 Mann.ers Reaiistratl4 /Premises" FORMER MANAGER Name Dam of Birth NEW MANAGER: Name .. ... .. .... . OATH OF`APPLICANT I declare under penally of perjury in the second degree that I have read this report and all attachments thereto and that I know the Contents hereof. ' and that all manors and information set forth therein are true,correct and complete to the best bf my knowledge and information;and!agree to conform to all applicable statutes and all rules and regulations promulgated by the Colorado Department of Revenue in connection therewith. AUTHO I 0 SIGNATURE: TITLE CF SIGNER(if corporation) DATE: REPORT OF LOCAL LICENSING AUTHORITY,..,..,# The foregoing changes have been received and examined by the Local Licensing Authority LOCAL LICENSING AUTHORITY IA,NUMBER: LOCAL LICENSING AUTHORITY FOR: X COUNTY Weld County TOWN/CITY SIGNATURE: TITLE: Chairman, DATE: f;1,Jfd Board of County Connisnionera 5/10/89 ATTEST: �� (. 4./k---••• DATE: std "P77t/l114111 l . J �r .e / ni /ia/2?. Note: Local Authority, please submit II copies to the Liquor Enforcement DivisiorS90427 One copy will be returned to the applicant and one to the Local Authority upon aCknowl merit. e att® 02 c d Ilogcl© ii D - D . WA off M@ amaa@ Liquor Enforcement Division 1375 Sherman Street 3ill C Denver, Colorado 80261 1% VALLEY HAYLOFT INC 3101 HWY 119 ffLONGMONT CO 80501-9543 III q L.:(\i• t..r r i II ' • , 11 :1,( Alcoholic Beverage Licensei , 01' JA00001 NUM. I County City InQy�l fyw LY54aiN 0.0,1 UCENSEExaaE9 Al'MIDNIGHT 4 14-1.5764 03 206 5813 3 062777 JUN 26. 1990 I' tri;j:\ \i,C; Typo Nww.n90waiplonofLiwnw ] Fee r t r TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS s 25.00 COUNTY 85 PERCENT OAP FEE L 276.251 IC TOTALme4, $ 301.25 ' cl E - This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license idrc-4 should be addressed to the Department of Revenue, Liquor Enforcement Divisors, 1375 �� --0 Sherman Street,Denver,CO 80261. In testimony whereof,I have hereunto set my hand. r Lit MC)ter-1 tigat51. Division Director MAY 1 1989 Executive Director /// 0402 Q-08) Df, 89°427 r \r te♦ r '`4 .r f l r + r ° ba e ;4,;;; •:.;,',"-7.77-7-t:;:.;*,-,1:::". ',..i:.:i , fffr t r 1 ' 1 i / ! 9b:r i • R r we N"S, . r % \ .•i r/r )t a a 1 f I r/,/ 1♦• iif ,/�1�♦i r/I//nt♦1aaa tl ri irr ri aaattil r 1j r///iprta�ti itl�lS! r!//�i♦aaa j ♦ '1 rrrrl♦a,. � jr/� f y 1 r/ ft '' r /ij g\e,.LS rtlr / ` 1 _.!r r ��tC V ' 1P Y v ' f" +, r y+r, � ' iJ' 1`yw n '"4,1//..Y:;;. Jv � i7rra 1 .,..::: c.,17,::•„./ Y. l 1 f • f'7 V b , c l♦ ,f f r r' �+ l ! f�, i 7 r 11 s 1 r , 1f9.+;J . ' ;. . ' is A �' : 1 , r. � ',,l?; r f?f (:;r., C x l r e a�' " l r �l r G..1 l�' l r tr'J 1 O f9 �'i%� / ylt�♦\1 '4:4•'1.4. 244W , Ilia i •,.W y f ++v:. ••‘-Y-4-‘•lJ l'W r: W �/1 •a i s ,+ N N r. CI" c p GC a ter �, �' l o r; f•-)- — to rn = - , Chi X . r•.'&0.-,- f,0 • 0 5 O 1 I. "...g� .'Wt D 'a M q p P. O .y � ) �W \ Oro N O -. ^y O O irop)T� {• iv • ,ti r 2u �g 0. 0 ., n� ,, < H nmmi hlit'l.(IiN::•,,:;;;;I:171‘11:...,;.;.:::•11:::::;11.:62:::: O rt /i± .J wa S -,A 4t y x7C S O 0'4 'to F�1.yy K a,'' r�,rsn f p..*I^'70, Log. 9 t .8 OmC^ b rL} 1 i /i(l�� N O '+ to '� I!r r r' y ' +` OC Ma yC ro G 7m J"�,. vffr V� / 3r 1 ® fflg _ n o 2 � O oyo "OO pi pry '!m 6 H to M ° n•1 t '� m I. '''i 4' '. . .2co) - O t, O W O to •Ol 2D . �y q n .. r'r"y ♦ in O C x '.- O tD C .. e 1 1r1� S��r• a && T93i;!kiLtt C xYd..Otb Y hF .b 7. vi •4 (\ 8e �f yam, .."'-�1 ti Y G a' r o to sot, «r K vs 0 " Rl i G : la %('•. +�lr ` 1} net 1 '1,•+. s q'((�W .On C O W ..cels a mc .� H w• C„ K Y•� •:'t v \ m,b n ' x . n I r r po .I 8 ( rg 8 7 r -;—•,..t, 00 %-„, ,, g♦y< . g H ti a . Aw l r (4.;;:11::.;";,),"..c,,, , it yr f\`4 7/ m 'p 0'0 7." ,� g a �' �l t _z.,, r _vii My Q> :',:. :;;;;:,*•:.-;:::;::':: 1 d B a, 1 {` � .� 'SAN �aC o '"�'' ^ U C a 1 N .� \ -< �.. `tti r lisr.� ." as ,. ;E (9 tlh .. O e O O~ f •t l ,♦ W J/ ti / r v �l o o c C 'Z-14 z7a '' tl i cn r n 'a�: n C� l"ti . r p i i R C p `� p n W 1 •t1 V♦ 'n t` Q i 3 irW i (�'') 0G 9 DT c1 ON 1 r] ■ , I� v.4,!';•::••••.y Li.' 5 ' 3 y'; `�'I by f''Oyu R-lots 0 ., f9 -< 1 C R"1 3 irlrr. fa/ (\ :°Ay _ i" Ci'O' !D c HP Iq �.1 �i r r t. jct.t : f d0 tC ,• ./...;:,..;:r.:(.. . ' f f" 41• l <,....fj) ( r`milt I _ l ',;•,1,1-:;;Nir . 1 rr { 113,• flarr141NA 00 1 �I'�� i f r � 4r 7Af7! ' p' f 1 ( � . 1 f i r ! • ;"' f /'/ i r ''C'1.: , r :1V 151)4s%) t� ''. s, lr t / • �Tp • �r r 'r aS lye lY � �► Y �'n � �'� �. ♦ '� , . r n�`r.a t .,,. ' 1 r! �{ 4nV r . a ♦ / a A , a a}r r jwW°� al,r/r... W :,.,., / `Y� .0r//.O. �i;; tom,, av tia`�//i:l , t t `1 r / ♦ • ♦ rr • r : a 4; r ♦t♦a♦ 0 iv i, li♦att (r/r r lti•aa., , 1 r a • ,.:1 /r ,AS r r aa+ it ','• a r Y ♦ .. ♦ .\ � 1.. '1`, ,;:',:''114:•;',:: '4:101,;;;):7•:,•.,,. , a. ,=r''r t:: 890427 J J to a en v h in I i F LI " it, 1 Er . XLLI X . I" co : x ' S p t >, ad i� \"\ O .a 6 v rA LL Y $ I a ti ti, q a s , � z W „ r x ti u, m z ; c+ia ., i K :a _ L - I ,w ,. n . 596l.SB6l Bun(' 'oogc I. Sd 1 - ta 1 2 . it 't;) isI - I 1 f ono 1 iii Y a o w O I d a Lin at it ON Z in w I-4 in wxo ....*1 $ 0 . ,Os. ' M � ax;sx ffi 890427 II DATE: 5/10/89 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: VALLEY HAYLOFT 3101 HIGHWAY 119 LONGMONT, CO 80501 TYPE OF LICENSE: TAVERN LIQUOR SHERIFF' S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED.(5/9/89) HEALTH DEPARTMENT REPORT: 890427 DR 8400(3/88) Colorado Department of Revenue LIQUOR OR License Number: License Type: Liquor Enforcement Division 14-15764 T 1375 Sherman street 3.2 BEER LICENSE Denver,Colorado 60261 RENEWAL APPLICATION Liability Information: 866-3741 G3 206 5tl13 3 .:62777 VALLr.Y HAYLOFT INC Business Location: 311 HwY 11'4 3101 HhY 119 Luat.a0`:T CO .:;.)1.5c 1-9,4.3 1UNGMUNT CO Current License Expires: JUN 2h. 1vo9 ©G`L MDG %u"Y GOO L Y YOUR PROMPT ATTENTION IS REQUIRED. FAILURE TO COMPLETE THIS FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. ' •FILL OUT THIS FORM COMPLETELY, AND CHECK APPROPRIATE BOX BELOW. tThis renewal reflects no changes from last application, •SIGN THE FORM There are changes from last application.(Report changes on •ENCLOSE TOTAL AMOUNT DUE form DR 8176-'Report of Changes-Liquor and 3.2 Beer •SUBMIT FORM TO LOCAL(CITY/COUNTY)LICENSING AUTHORITY FOR APPROVAL I'cancan'and attach that farm m*la ranewar aapiiratian 1 •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES -- — — _ -- — —.•. "O]LTIiOF'APPCICANT — ... _. __ _ �t I declare under penalty of penury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge. Authorized Signature:A,, Date; Business-Phone: S•Ye�/.. �. 5'-5 - S"? 7TG-7Hb 2- � r Tide of Signer(if corporation): �N R 1 Sales 'Tax NO, ow dy SUBMIT THE STATE COPY-AND LOCAL(CiTY/COUNTY)AUTHORITY COPY TO VOUk LOCAL(CITYiCOUtTY)LMLHSI& AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES, EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local Licensing Authority approval and must be returned directly to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has boon examined and the premises,business conducted and character of the applicant is satisfactory, and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47.C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local Lic.Auth.LD,No.: Local Licensing Authority for: ;v .. Q TOWN/CITY Weld County 7 / /l. ' COUNTY Signature: Title: Chairman, , fi/.".. —Date: - /- 1/e. ;'/-._• tom/ Beard of County Commissioners: 5/10/89 Atte Dace: Donor detac Do not detach Do not detach jDo notWotach Do not data lib not detach DO not detach . .Fluwwu.Locatwn:r_j+4O-i--`+xY-,-1-1M'.-....._...... . ,,,JJJ. .._ -.. .. . _. LUN„r1JNT CO r g Name/Trade Name: Use License Number LIABILITY INFORMATION RENEWED LICENSE 0 for All Referef]po 'county ity Indust, Tyre Uab, Date EXPIRES AFTER al O VALL'--Y '-AYLJFT ivt 14-1 . 764 ,.3 . ct 5,13 3 vb2777 Go"i:b-9C Z G1 TYPE OF LICENSE ISSUED b2AtL I-EL CITY$5% A5 CO85%OAIfM S1A (9) 45.9 (0) all (9) 401 (9) m. m T,:Vc1;N LI .i'UJR LICt.NSr — MALT 2 V:N,;VS • A,vJ S' IkITUUU4 CO 4,:i $ 25.CJ S 276.25 r cal m z co m DTI Make check payable to: COLORADO DEPARTMENT OF REVENUE Z' TOTAL AMOUNT DUE It* s 301.2 5 m EXTENDE6 HOURS-Applies only to Hotel and Restaurant.Beer and Wine,Club.Tavern,ana Extended hours? a Arts licenses.If desired,check"yea and enclose Total Amount Due PLUS$170.00. DYES X NO r QQ OT WRITE BEL0WJy/S LINE 890427 », .e,y„w.. '.?.N. ,r[y.�..r.!�.,M�w/+.'.'�"".,.., _... .. _. .....-.—.. �..v+wn.w:w.,-...rw•-.w..w,... w._ .. ,,, °""a'("'a) Attachment to Liquor/3.2 License Renewal Application This page must be conedeted and attached to your signed rental application form. Failure to Include this pap with the appgcadon may muff in your deems not bats mewed. Trade Nana of Establishment I State License Number f 4-//y Fay/oft 1 IH --/..7L/✓f 1. Co you have lege posess4On of the premises for which this aopllcation for license is made? NESS, NOD Are the premises owned or rented? G"+f/nfd. If rented.effective and expiation date of lease: 2. (a) Has the applicant,or any of the partners,or officers,stockholders or directors of said applicant(if a corporation)ever been YES0 NO® convicted of a crime?If answer Is yes;explain in detail and attach. (b) Have persons lending assistance or financial supporttothe applicant,or manager.or employees,ever been coniktedofacrfne? YES❑ NO® If answer 15 yes;ewlain In detail and attach. 3. Has the applicant or any of the partners,or officers, directors or stockholders of said applicant(if acorporation)ormanagef ever!-- (a) been denied an alcoholic beverage license? vesCI No® (b) had an alcohok beverage license suspended or revoked? YES❑ NO® (c)had interest in any entity that had an alcoholic beverage license suspended or revoked? YES 0 NOR If answer is yes'to any of the above questions,explain in detail and attach. 4. Does or did applicant,or anyof the partners,or officers,erectors or stockholders of said applicant(if a corporation),have a direct YES 0 NO2 _ '" ' Or Indirect Interest in aryotherColoradoiquor Deense Nctude bans to or from any-licensee,or interest in a loan to any kensee)? If answer is'yes;explain in detail and attach. 5. Identify the persons,firms or corporations who row or will have a financial interest evidenced either by a ban to,or mei owership n,the business for which ides license is requested,State the names end addresses and the amount and sane of such financial interest(Le.,bank,rallies,friends,previous owners,etc.),expressed in dollars or other items of value,such as inventory,furniture or equipment Use separate sheet if necessary. Name [address `Interest 'Type and Amount 1 6. List on a separate sheet the names and addresses o1 antique businesses in which any of the persons in question No.5 are material y interested, 7. Operating Manager I Address I Date of Birth Sh; nil-y T Gay a/ I 3'101 l/w/, //7 kor7, g fro Ile; co% IS-2C -.?G 8, If the applicant is a corporation,answer the foliating: v` (a) Corporation is organized under the laws of the State of: Co/o r&&d a Date Incorporated (b) Principal place of business is: T16,. I f f',Ley //1 Lent:, /wont r e; s o C/n, I o/ (c) Date of lung an last ust corporate report to the Coll.Secretary of State' (d) Name of each officer fisted below: President •Home Address I Date of Breh 1 Lr—/+, r Moor C. 3/0/ 1-44-1, //7 Lon,/no4t , cad.00,rjl i' //y e-Pres. i home Address {Date of Birth , Cr r! Co-/-1 It oor I3/0/ /fwy. /l 5 Lon, Mol7t co/c•SosoI 711./f// • I Treasurer I Home Address I Date of Birth ,I S/..r.r }//e. _J...Ptvct . ' .9J4•/if y l/�, -.Lnn2MryctT1,.,,/o F� /--ZG-/�'�1 -- I Secretary Home Address I Date of Birth I Slirhle77 7'. Boyd x' 1O/ l/ wy //2 1-•°'1_7 Mon t, cc/0 'S'6% It/a4/'� (e) list all stockholders,5%or overifif a public corporation)incluwrg actual owner or pledgee.(Use secants sheet if necessary) IName Address T►ercent of Stock bate of Birth I �/Ircr /4(oor . Voli/t��yll � /Onfhlon� %/I /+- 3 —//-( Name y �j AOOess 1 Percent of Stock Date of Birth ✓ 4, Y'Iey ,r acy / Hwy Lo p,,yyrefr1,0-/0 � s—,2G-3G I Nana I Address I Percent of Stock Date of BirthI 6 . ;ro / L /V//ova'. 13/i•l //wy//l /oh,rnontic.0/0I I7-6—AL/ '(D Name of all Directors'/Trustees of Corporation F Name S-1niicr Moore 'Address arO / }-{.tv'r. /r7 4.o n,rnonf.,;olo.yos.g i gineo1Bith n I' -nn' "..A/n,i'vk .c — / aft„ ImV 7" cyd. I �! / liu,v•l 7 �rn � r,.k` . / t I Name I Meress / I Date of Bits I G e r`p./d Pilo or e2, I 8/ o/ l/t(iy.//7 Lang+' Mt h&c:al/at is co/ I7`G -4-‘ 8.Ii applicant is partnership list all general partners.Use separate sheet if necessary. I Name • I Address Date of Bath 1 >_ —I Name Address I Date of Birth - - ` IT __J t 890427 1 ' 0 J !-! cu No co Q t•-iy I I -D.0 1 > W I . J . ❑ F. W —4 IF In - mOC to - S W W F es., ! c, .3. U W • y O .. - aa CO g' Pc c LL rN O PC4 sa ! 3 Z O Y O _ W O OOOOWGG6 y x a a w _ • way aG s Oorn � aaC. x a '� ' ,.,rl :. ~1 O � A l t� .f '¢? !410 4 SBBL°unf' 'Ooec WJOj$a I1, . . : . ' . „ i § iI Itii. I 1p ' 000 1 a , 1 „I i p .1 4 , a�a i? ' q r te. . U N 8 0l o t aS xWoa o F N 1 I FS a cg Ect 1 °D i i ti li or. >Z 1 1 t hil ' �" •� - ,-- _ -- ......, ,6x, x _ g 850427 a TREASURER'S OFFICE,WELD COUN�TYQ � p/,N2 4172 ��, QQ dd Greeley,Colorado. . . `2 V . . .�-3. . 19.499 �/ / RECEIVED OF. . ai0.4 ��/• $ 7Q �S 1 (S7 "" ll SW) FOR XCREDIT �// /j �, County Ganeral Fund 101 0000 Dl�pj �!(��n� G Health Department 1190000 (�r G Human Resources 121 0000 Social Services 112 0000 I Housing Authority Road&Bridge Fund 111 0000 Airport 1770000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 ! l School District Gen Fund School District C R F x890 27 �VV`lRs� School District Bond F FRANCI$M. LOVSTALET I� I TOTAL AMOUNT �� County Treasurer C ark S7 7i- _ RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINE AND MATERIALS PROCESSINC, FACILITY - C & M COMPANIES (DISTEL FARM RESOURCES) 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, the Board of County Commissioners held a public hearing on the 17th day of May, 1989, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of C & M Companies (Distel Farm Resources) , P.O. Box 490, Niwot, Colorado 80544, for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the following described real estate, to-wit: Part of the SEi SW} and part of the SWi SEa of Section 8, and part of the of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, of Tuttle Applegate Rindahl , Inc. , and WHEREAS, Section 24.4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24.7, 44. 1, 44.2 and 44 .3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, i-25 Mixed Use Development Area Goals and �, 0./ r I/ 7,/I '-L,irGr. .r 890424 Page 2 RE: USR - C & M COMPANIES Policies, Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. d. The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. e. A portion of the subject site is located in the Flood Hazard Overlay District. f. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be 890424 Pace 3 RE: USR - C & M COMPANIES recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The Agreement shall mitigate impacts generated on County roads and bridges by the operation. 5 . Prior to the Special Review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44.4 .11 of the Weld County Zoning Ordinance. b. An adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department' s regulations. c. Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. d. An Emissions Permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. e. An NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. 890424 Page 4 RE: USR - C & M COMPANIES f. A 404 Permit has been issued by the Army Corp of Engineers. 6 . Prior to recording, the Special Review Permit plat shall be amended to show the access road at a 90° angle to Weld County Road 20 1/2 with a tangent section of at least 60 feet, and paved for a distance of 60 feet from Weld County Road 20 1/2. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLOPADO Weld County Clerk and Recorder /p and Clerk to the Board C.W. irry, Ch irman (-BY: niLlit , kti J J cq line J hnson, Pro-Tem eputy County lerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner George K n O ---, County Attorney Gor .. 890424 DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1 . The Site Specific Development Plan and Special Review Permit is for an open-pit mine and materials processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies, Section 44 .4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20 1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20 1/2 west of the Special Review site. 5 . All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9 . The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10 . All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: 890424 Page 2 OPERATION STANDARDS - C & M COMPANIES A. NO fill , berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and B. All fuel tanks , septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 11 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890424 PUBLIC NOTICE The Board of County Commissioners of Weld County. Colorado, on May 17, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: C L M Companies (Distel Farm Resources) P.O. Box 490 Niwot, Colorado 80544 LEGAL DESCRIPTION: Part of the SE} SW} and part of the SW} SE} of Section 8, and part of the Ni of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Open-pit mine and materials processing facility SIZE OF PARCEL: 114 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD EY: Mary Reiff, Deputy PUBLISHED: May 25, 1989, in The New News 890424 STATE OF COLORADO ) ) ale;. COUNTY OF WELD ) David B. Reynolds, being duly sworn, says that he is. publisher of the New Nows., a weekly newspaper published in Keonesburc :;in s4Lid County and State; that said newspaper r has a general circulation in said County a-:nd has been continour:1v and uninterruptedly published therein, :- during <a period of at least • fifty-two consecutive weeks prior to FV � � .... t.ho f:..rst publication of the nn�exead. notice; that said newspaper is, a a ter - MSC yA , now .paper• within the';' meaning of tht 'Ora emus d �` cot of the Cerni?ral Assembly of the . . State of Color-.ado, entitled "An Act j}( Cr_. n. 'w. to recula:�t;' the priritinc_, of legal Ci]C�.:.-:- notices and mdver'_j,'3C'ments, and .;:' Its 4 Y(t, ",.: amendments thereto; that the notice � 4 . ►44r o which the annexed is a prxntrra 2rm,, xv . Copy taken from said newspaper, W45 , . ,. ,. .7' • published in ',,a;td newspaper, and in !J!i :w. the regular and entire issue of , .a• ` '`Yr �y • every nLtrnber thereof , once a week J m,es sr. A=? ter 1 week; that said notice was so d .Ih "NNW-i ProPIKY published in :.aid newspope proper Y and ne t in any supplement thereof, -;--ma and that the first publication of ' said notice as ..fore said , was on the ..'0 ';: t 25th ,..:.,y of MWlyh i,-r'C9, and the U t l.•I�:� last en .1e `5th day of May, 1989. Subscribed and sworn to b 7fero me this ,,25_ day of May, 1999. . Nrtary Public -Publication Foes Bi11d to C&M Companies- 890424 0 CHANGES TO USR-877 C & M COMPANIES (DISTEL FARM RESOURCES) The Department of Planning Services' staff request that the Board of County Commissioners change Condition of Approval #6 to read: 6. Prior to recording, the special review permit plat shall be amended to show the access road at a 90° angle to Weld County Road 20-1/2 with a tangent section of at least 60' , and paved for a distance of 60 feet from Weld County Road 20-1/2. 890 424 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 17, 1989 DOCKET # 89-21 USR-OPEN-PIT MINE & MATERIALS PROCESSING FACILITY - C & M COMPANIES DOCKET 4 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. NAME ADDRESS HEARING ATTENDING . "7%1 'i ,J ✓�---- X73 6'/7� c" A. 72 "0 „tyirai )iiK4' r .; �D 1 Y u (1 11"66#414214-5rs..5,-e4/o De,r, �8@ 'z 1Sr C4L -4 ftu t _n,��- t -zi 7, ro -1-'' V/3- &<). 9 T-4 1/2s r a),,..6 4,‘ e)„or ,4 ict,/�/ _ f pct{ 7SS / 1;r11�71L. ic., orensi+tot- F �s'/C� S 4. �,r' /C L,(/i %-!/'mitt. „...c ,, 7., (OZ,4„,./.-0 .s.4.-77, 1// �� 5o/1 GJa,cJ J FT�utoz'h C.N 4io///'i: ,Cy-7 n /�,1/xn.) S e P 3/0/ 4 a' o`4 f!6/4,,t r0 oie/ CC' /O,5/2 890124 • • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor. Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging n court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-21 C & M Companies (Distel Farm Resources) P.O. Box 490 Niwot, Colorado 80544 DATE: May 17, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Open-pit mine and materials processing facility LEGAL DESCRIPTION: Part of the SE} SWi and part of the SW} SE} of Section 8, and part of the N} of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20; and approximately 1.5 miles east of Weld County Road 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 26, 1989 e�PUBLISHED: May 4, 1989, in The New News 890424 r • 0 STATE CF COLORADO ) ss. COUNTY OF WELD ) David B. Reynolds, being duly sworn . says that he is publisher of the rla�clL•'. New News, a weekly newspaper •rlia.ftIsA.wff WIWI-4.en IOW .t•c$uM.'Mt or INK• published in k'eenet burg in said County ew.brzwrgoedbo..etialine and State; that said newspaper has a .ef.wreemeL,da bedew i°A m • ~ °'' ,3lm.oLeiCm*gs_ general circulation in said County QtmeYmwws,,dtaw.ltkAdmq. •Cmiwrim,Wed Caney C..u.w.t• and has been continously and ••Comier. MA MD allAstV r.r- now. cwwfd•:-.t;o. uninterruptedly published therein, e , . during a period of at least �t kwm.w aer lww_•kr. aol • fifty-two consecutive weeks prior to :ebwsfl & wr••Pwtelt-.a" fetwl ar r'ielet qr bet the.•., first publication of the annexed wy. �f° notice; that said newspaper is a d Oa ..r3Masa a- w', newspaper within the meaning of the •wrewe. d a mataspaa.r t.: dila . mewl %At, .me.r act of the ^.-it_ncra1 Assembly of the 'rte,-tpa, , liel" State of Colorado. entitled "An Actid °oom.moth*.h . �"s�'�.wo�aa..a.et t. to regulate the printing of legal �iweda:: lid.al,awtletd notices and advertisements, " and •ewt te.w+w*_alwat..+,a ■ -amen a ldU 41xileilisk'.tie amendments thereto; that the notice loda's,w+rrOW. a.tt of which the annexed is a printed b drlwtl'a .,pSeL .l.sm a, :Md+0.i1t.;ItawiyaieYr w copy taken from said newspaper, was •arbeestlierrbo _ a lie trmrnner omodt.booloom by. published in said newspaper, and in :,•rtie..trM';;; ;%,".:• the regular and entire issue of rr ALIo 1 N''onOba. Every number thereof , once a week ' =wee owilliod.by die-, nsip.smons Commission, 'limy w emnelionA •ewaSte.If ;tbe Gat or OrAleart di Caddy' for -1- •__ succosi.ve weeks: Mawf: ,, wNa; that said notice was so published Cwnm tllt Xmases, in said ncwcpape proper and not in SevehrG is - .•„Arrt.lcArrr any supplement thereof , and that Dodd No 4.41CarlrCewpftw ' Mod rre..tt.m.a,e.► the first publication of said••- ;•r,O,�• .w notice as aforesaid, was on the �� Nurectlmaeolitt -DATIL May 17.ISIS,.-r., •. .,-, ?!lire 1MM,AaL A•.^.r _4 day cif May _, 19 39 :Derek/west• ,,ais'•dr•ttft: • •Rolm Toms ..,ows;;pff waft. "wtt w.lmeYl. and the last on the 4..._. day of AM ppvv' s` ` 4 Ow •111/3/1 si3/4 el e.alfwl,•me May 19_, 89_. • Lad,r'' H+.'`.t stw.m•rr.,.n west d LOCArwai dtwttp.t•wwc...p Amid Ibtorioadi vircanms** is ' 3+oAWOr'ootrnryy ' Subscribed and ;.w •n to before xELo WV MAllY ANN FICUKASTWI COUNT IMUD tL AND ' me this . 8 day of MaY . 19 89 . tiELORD •At1IDCiERtCTO *yt�ry ltmle p reeY .._._ d ...... tarn Public "_t `7ibti lal 1* y commission rw`::pire 9-12-90 ��. .,,..w..6t,4yil,r.,. . 890424 AFFIDAVIT OF PUBLICATION State of Colorado County of Boulder •»•• . 's-NDMR ^w .. `,•�• BOARD OPCWNTYCOMIMIP:nac ►wwent to Well C Meneof the:MateO.Cabe -WELL/COUNT",1:01.011A00 I, Dean G. Lehman ,do ram and:Me Well Cleld lnt inc orblfuncih a BY:MAireaal w e—a#t pub&Mating will be NM gtMe Oym}ry et Me COUNTYCLERK A0Mt*CDRt e Bowe er County CM1mieYN.rs otWela Comfy. AND CLQRKTttenol solemnly swear that the LONGMONT DAILY TIMES CALL is a opensoworiceWy'4 nninmtl Canter ale aermatY eade __ lent Street,Pint Pie.,Greeley,Colorado,at the DATED:April U.nee daily newspaper printed, in whole or in part, and published in tin.specified.All persons a any mortis inter- . .PUBLISNED:May 3..mtiltm a Became.., edge In the SIN Semitic Deeelepment Plan and ale the City of Longmont, County of Boulder, State of Colorado, and special Review►ernet e..,.deeaed to attend published in the Dally Time call,{/. Item, and may W Lord,:..:,, Colo.May,S.191A which has general circulation therein and in parts of Boulder and Should the applicant a/My Interalad party dr — Nn Me presence of A Coon reporter to make e Weld Counties; that said newspaper has been continuously and record ofthe prOraclinafnerr( mMreped uninterruptedly published for a period of more than six months c�dtotheBoard'sOttocca WWI neohe n,actediter a III/et certlfled court reeener.Yl the area.it a next prior to the first publication of the annexed legal notice of court reporter is seel.d,.Me-Clerk,le the Board's Morahan oe adyited in wrung at Mich advertisement, that said newspaper has been admitted to the action al least five Mho Oder tothAwinp.The an,al moping a coon reflector*hell ore born United States mails as second•class matter under the provisions by the reeueenno patty. Da of the Act of March 3, 1879,or any amendments thereof,and that certified by the"Weld County tne Planni ten ng CommiO made s. Non meyOe.YMtedtn Me*Moroi InoCleran said newspaper is a daily newspaper duly qualified for the deem m.Celmty.CammNNNter.,located In the Weld County"Centennial Center,'91$ 10m publishing legal notices and advertisements within the meaning Street,TNren nor Greeley,Caoreeo.- POCKET NO.ePl1 APPLICANT of the laws of the State of Colorado;that a copy of each number of . C a M Companies roam Pw said newspaper, in which said notice of advertisement was r am spt o published, was transmitted by mail or carrier to each of the DATE;May 17,1149' ""°t'co wasp IOW TIME:10:00 A,M. subscribers of said newspaper, according to the accustomed REQUEST:.SIta SOKMC OMMICOMOM.Plan end •mode of business in this office. ml,.IMO Materials WRIFffolOcna�:t• Cmty>, LEGAL DEBCRIPTIDNy:Pied defile part,o1 e.BWu That the annexed legal notice or advertisement was published . sE of se flee ti Wu CAM wlM NW et Me• in the regular and entire edition of said daily newspaper once; f Per�n Range TTwwnip of TM 4th P.M„Weld. and that one publication of said notice was in the issue of said o rWab:C6lotaa . LOCATION,North K Weld GNAW Roan ION and imeten newspaper dated May 3 19 89 Wileen UMW Reed d Mlles «1 1 Y �nager Subscribed and sworn to before me this 3rd day of May M \ ` ,19 89 • 1 \ ckni t‘t e \. -\c≥ ` •c ti o"t('- Notary Public FEE Q 30.50 fin caVMuyo w"e"c°nn MCIAN,r D, 3S0 T£Any Sr MnMMONS LONGMONT, r`\\ CGLLNnuu NaDt 89O424 s 4 s v O do -c to r 4 r O r Z, i • DATE: April 26, 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 17th day of May, 1989, at 10:00 A.M. Docket No. 89-21 - Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility, C & M Companies (Distel Farm Resources) OFFICE F THE LER THE BOARD BY: a°!. ,pe Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • er 890424 £x/r'A/i �/ I • Summary of the Weld County County Planning Commission April. 18, 1989 Page 4 CASE NUMBER: USR-877 APPLICANT: C S M Companies (Distal Farm) REQUEST: Site Specific Development Plan and a Special Review permit for an open—cut gravel mine and materials processing facility. LEGAL UESCRIPTION: Parc of the SEi SW} and part of the SW! SE} of Section 8, and part of the Ni of Section 17, all in T2N. R68W of the 6th P.M., Weld County. Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1. APPEARANCE: Mike Applegate, P.E. , represented the applicants. This will be a dry mire operation. A conveyor belt will transverse the land to the working pit. Gravel will be loaded onto the conveyor belt and transported to the loading and materials processing area. The use of the conveyor system will eliminat some of the noise and dust. They have been working with Drew Scheltinga on the haul route. Reclamation plans were also reviewed. The Chairran called for discussion from the members of the audience. There was none. Bob Allen, Executive President, C 5 M Companies, reported there will be approximately five truck loads a day going out that will not be used by C 8 M. C S M's drivers will adhere to the delivery route, but even though signs are posted explaining the haul route they have very little control over independent drivers. The Chairman asked the applicants if they had reviewed the recommendation, conditions, and development standards set forth by the Department of Planning Services' staff. They have reviewed these and have no objections. The Chairman asked that a copy of the recommendation, conditions, and development standards be filed with the summary as a permanent record of the proceedings. Tape 344 - Side 2 ?tOTION: Ernie Ross moved Case Number USR-877 for C 5 M Companies (Distal Farm) for a site specific development plan and a special review permit for an open-cut gravel mine and materials processing facilities be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and developments standards presented by the staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. &h'i b;t a 890424 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved byfb et0ty Planning Commission that the application for: 71Et4 rJ1 CASE NUMBER: USR-877 Jj� �� 1 APR 2 1. 1982 NAME: C & M Companies (Distel Farm Resources) jju\ II'.IOa m ADDRESS: P.O. Box 490, Niwot, CO 80544 GReciat.cow. REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. LEGAL DESCRIPTION: Part of the SE} SW} and part of the SW} SE} of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1.5 miles east of Weld County Road 1. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, I-25 Mixed Use Development Area Goals and Policies, Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. 890424 Exh''b,k13 • • C & M Companies CSR-877 April 18, 1989 Page 2 - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. • A portion of the subject site is located in the Flood Hazard Overlay District. • Special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached development standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the special review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 890424 C & M Companies USA-877 April 18, 1989 Page 3 4. Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads and bridges by the operation. 5. Prior to the special review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: The use by special review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations. Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. - An Emission permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. ▪ An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. A 404 permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access road onto Weld County Road 20-1/2 paved for a distance of 100 feet. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Ernie Ross Bud Halldorson 890424 • • C & M Companies USR-877 April 18, 1989 Page 4 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY 1, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 18, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 18th day of April, 1989. t o\sl•L. Bobbie Good Secretary 890424 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C S N COMPANIES (DISTEL FARM RESOURCES) USR-877 1. The Site Specific Development Plan and Special Review permit is for an open-pit mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and 890424 • • C b N Companies L'SR-877 Page 2 B. All fuel tanks, septic tanks. temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall he granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890424 e INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-877 Submitted or Prepared Prior to 1122tha at Hearin 1. Application 70 Pages X 2. One application plat(s) five page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated March 29, 1984, from Drew Scheltinga, X Weld County Engineering 12. Memo dated March 23, 1989, from Judy Schmidt, X Weld County Health Department 13. Letter dated March 22, 1989, from Marta X Bromschwig, from the City of Longmont 14. Letter dated March 21, 1989, from Terry McKee, X Army Corps of Engineers 15. Letter dated April 3, 1989, Hal D. Simpson, X Colorado Division of Water Resources 16. Letter dated March 28, 1989, from Barbara M. X Bryan, Boulder County Planning 17. Referral response dated March 23, 1989, from X Orville L. Sadar, Longmont Soil Conservation District 18. Referral response dated March 24, 1989, from X Bill Emerson, Longmont Fire Protection District 19. Letter dated April 11, 1984, from Mark Matulik X to Larry Lang. Colorado Water Conservation Board I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on April 21, 1989. Current Planner STATE OF COLORADO ) COUNTY pysiA LD ) gk- hr�TTQQ ,,_ Sd1ESCRSvw , SWORN TO BEFORE ME THIS 2' " day of (2).10,L\ 19X4 . a sEMQLIG 4 Oti04tit.``sF C�o\w,.�a Qoa NOTAR PUBLIC 890424 My Commission Empires &h i b%4 A 447 ` "r^:.�on cxpirei Feb. 13. 1993 • • y�p C te. /a � /'HI3I'" INVENTORY CONTROL SHEET Case ( e ! / �.i i 21t ` Z.,G0 0�`*'oN CQ.Q„�u/l�'? i Exhibit Submitted Ev Exhibit Description A. \rtuni Lit Letliee2III V ie-ekOzd yfab2u-154H, B. (!pirtncu ( uM i 6.endayzip c. int.,1/2vJk7m00,4.66%) he/Ix/kg/5i, „.7-0,2.677 D. (11SAL- &iodkrvitil CiaiLad • E. 4,!nk SVInk 1/4174;&14- A1-4:04;Zi(r- F. G. - H. I. J. K. L. M. N. 0. 890424 • • Date: April 18, 1989 CASE :UMBER: L'SR-877 NAME: C S M Companies (Distel Farm Resources) ADDRESS: P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. LEGAL DESCRIPTION: Part of the SEs, SW} and part of the SW} SE} of Section 8. and part of the N} of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1.5 miles east of Weld County Road 1. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies. I-25 Mixed Use Development Area Goals and Policies, Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and vs production. - The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. 890424 • • C & M Companies USR-877 Page 2 - A portion of the subject site is located in the Flood Hazard Overlay District. • Special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached development standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the special review plat 1s ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mired Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are. therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads and bridges by the operation. 890424 C & M Companies USR-877 Page 3 5. Prior to the special review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: • The use by special review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations. ▪ Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. An Emission permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. • An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. ▪ A 404 permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access road onto Weld County Road 20-1/2 paved for a distance of 100 feet. 890424 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USA-877 1. The Site Specific Development Plan and Special Review permit is for an open-pit mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7: then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7 . Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and 890424 • • C b M Companies USR-877 Page 2 B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately £loodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 2_4.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable tine in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890424 • • LAND-USE APPLICATION SUMMARY SHEET Date: April 11. 1989 CASE NUMBER: USR-877 NAME: C & M Companies (Distal Farm Resources) ADDRESS: 7916 Niwot Road, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine LEGAL DESCRIPTION: Part of the SE; SWi and part of the SW} SE} of Section 8 and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2; approximately 1.. miles east of Weld County Road 1 SIZE OF PARCEL: 114 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the State of Colorado, Division of Water Resources, Weld County Engineering Department, Weld County health Department. Army Corps of Engineers, and the City of Longmont. Referral responses have not been received from the Mined Land Reclamation. State Hater Conservation Board, and Central Colorado Water Conservancy District. No objections have been received by the Department of Planning Services' staff from surrounding property owners. 890424 • • • /1 ' ` („4,--::2C r ,-.,/ „ F . ...•,,,•-•,4••• • mod•• • [A +1 Y / •F �I 1••••••:,•;:. •s • • • ‘..•. pp5 . . �� /, •1 • . •. C `/," • • • M T J . . • ,'eJ • G• (r r ' • rl • li • `• 'Iti .N 1s 1 .... • 17- ./.n e • • i° K i• ` • K /�• •• LI • K CZ ip L�rr[vgLC\" • •r K.t'_. i. •.• • •C,. / - .• - ••? • . N ••. •.C . •rs . .L� ' 1rY!Tin 1 K I ;u°.i 1 P ! 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I 4r '�1ab t \ ••(• .•'F .` . * v •fit rt “... r89®424 ?, 5 .,try5 'J.13, iSstIS .1f ^... .ti. • FIELD CHECK Filing Number: USR-877 Date of Inspection: 3-24;- S'9 Applicant's Name: C 6 M Companies (Distel Farm Resources) Request: Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. Legal Description: Part of the SE: SWi and part of the SW} SE} of Section 8, T2N, R68W and part of the N} of Section 17, T2N, R68W of the 6th P.M., Weld County. Colorado Location: North of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1. Land Use: N g;tre•— cal( so ;/rte r c Ln,.,..a ,%Z. 1, _ E Ac.. r r ! \e,q C4 N.-es.; � S A4 'r�r « L' 'rn_I .@ -Q 4)..N-Z.:7 I �Arrark eCi Po.....n Loor. At J 'v \ ^ 1 I 1 / W "!O. V��C�..�T...vn IV�f.!'.eO�PQ T�-�1C � rvn �.G V Zoning: N Agricultural E Agricultural S Agricultural W Agricultural CO1C+,E-NTS: F : cm "n v d 0CCess 0 'ce. ioo. �ed -73 002. To `] So�v GO LA)4-7 TO Co4. •�ii L� `AP ec,,o-a . RDgo/ AO : Q n ( I Ai/1-zp ER I D6_ Ccror&C rfrz% 7Fa,717:cP7 h MAR 2 8 1989 `Signature of Board Member WEId Cu. Dlan.am¢ „ummISS1Uu 890424 REFERRAL LIST NAME: C & M COMPANIES (DISTEL FARM RESOURCES) CASE NUMBER: USA-877 REFERRALS SENT: March 14, 1989 REFERRALS TO BE RECEIVED BY: March 28, 1989 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _Dacono Emergency Management Office _Eaton Sheriff's Office Erie XEngineering —Evans Housing Authority Firestone Building`Building Inspection Frederick TGarden City STATE Gilcrest X Division of Water ResourcesGreeley Geological Survey Grover X Mined Land Reclamation —Hudson Highway Department Johnstown Historical Historical Society ----Keenesburg X Water Conservation Board Kersey _Oil and Gas Conservation Commission �La Salle Lochbuie FIRE DISTRICTS X Longmont _Ault F-1 Mead Berthoud F-2 _Milliken `Brighton F-3 New Raymer Dacono F-19 Nunn +Eaton F-4 _,Platteville Hudson F-7 `Johnstown F-8 COUNTIES La Salle F-9 Adams X Longmont F-10 X Boulder Milliken F-11 _Larimer Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 X US Army Corp of Engineer_ Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. X Longmont �Tri-Area Planning Commission _West Adams COMMISSION/BOARD MEMBER X Ivan Gosnell 890424 Epee To Keith Schuett, Planning Mar 1989 Dap COLORADO From Drew Scheltinga, County Engineer C & M Companies (Distel Farm Resourses) USR-877 Subject: According to Table G in the application materials, C & M Companies anticipates 200,000 tons in annual sales of material. If we consider the pay load for each truck as 25 tons, hauling for eight months out of the year, and twenty working days per month, this site will generate 50 truck trips per day. Obviously, that is a major impact on the Weld County road system in the area. Bridge.20.5/3A is immediately east of the site. It was originally a wooden bridge that has been widened on each side with steel stringers. It is presently rated at 36 tons for the configuration of truck that will haul material from the site. The maximum legal weight for that vehicle is 42 1/2 tons. The applicant indicates that he must haul to the west to Weld County Road 1 and then north to Colorado State Highway 119, and south to Colorado State Highway 52. Extensive gravel mining has been permitted in this area. Road 7 has been identified as the haul route for these pits and has received substantial construction and repair from the original operators. Also, Weld County has maintenance and improvement agreements with these operators. It is my opinion, directing the traffic from the C & M site east to County Road 7 and then north and south, is the desirable haul route. A recent traffic count on Weld County Road 1 at Weld County Road 20 indicates there are 1500 vehicles per day on the-county line. That is a very high traffic count for a two-lane road with the geometery of Road 1. Adding 50 gravel hauling units is not advisable since another route exists. Also, neither Road 20. 5 nor Road 1 has had the repairs and upgrade to support gravel hauling, as has Road 7. Keep in mind, depending on which statistic we choose to use, one loaded truck puts the same stress on pavement as does 8,000 automobiles. I recommend the Road 7 haul route be preserved. The applicant should be required to investigate the possibilities of making structural modifications to Bridge 20.5/3A that would support their hauling. If that is not cost effective, replacement alternatives should be discussed. nr Il: MAR 3 0 1989 j ftelO co. Plumes oL 890424 o • Memo to Keith Schuett. Planning C & M Companies Page Two The maps accompanying the application materials indicate the access would run along the abandoned portion of the Burlington Northern Railroad right-of-way and intersect Weld County Road 20.5 at a very sharp angle. This condition is unsafe for turning truck traffic and should not be allowed. The applicant should indicate how he will safely access Road 20.5, and provide the appropriate plans. The applicant should be required to enter into a Road Maintenance and Improvements Agreement, as have the other operators in the area. DLS/mw:prc&m xc: Commissioner Lacy Planning Referral File - C & M Companies, USR-877 890424 ito mtm®RnnD r l �C ¢¢pp�� 1 a To Weld County Planning pm* March 23, 1989 '•til COLORADO From Environmental Protection Services 9/cri, '",47 4,4 Case Number: BSR-877 Name: C & M Companies Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains. treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust must be confined on this site. S. A vault, is required for the proposed gravel facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the_Weld County Individual Sewage Disposal Regulations. EPS/dgc yr DAM r 1 t)i �0\\\, dpR 7. 1989 I`" §01424 8efn fn. DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION ,,\Vi .-1"/N Civic Center Complex / Longmont, CO 80501 Op (303) 651-8330 L 0R A March 22, 1989 Mr. Keith A. Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-877 • Dear Mr. Schuett, Thank you for sending to the City of Longmont for our review the application from C & M Companies (Diste) Farm Resources) for a site specific development plan and a special review permit for an open-pit mine and materials processing facility. The proposed 114 acre site is located between the St. Vrain River and WCR 203 approximately 1.5 miles east of County Line Road. As the City has commented on similar applications, we are concerned about air quality: notably particulates. The City trusts that through the various county and state review processes, any air quality impacts will be identified and mitigation actions specified. According to the application materials, 75% of the truck traffic is estimated to travel north on County Line Road to SH119. Then the application estimates that 25% of the trucks will travel west on SH119, and 50% will travel east. If this additional truck traffic requires any modifications to the SH119/County Line Road intersection, the City requests that such modif- ications be resolved during your review. Again, thank you for the opportunity to comment. If you have any questions, please call either Froda Greenberg or me at 651-8330. Sincerely, Marta Bromschwig, AICP Planning Director c;,R 94 1989 MB/cr r" xc: Phil Del Vecchio, Community Development Director Yield ta & 1,;,= ,,mmsn File: #2050-8 • 890424 ., eNT OP • • q1P ..c..44�1.A t ' DEPARTMENT OF THE ARMY { R. OMAHA DISTRICT. CORPS OF ENGINEERS r,} {C�' �' ROCKY MOUNTAIN AREA °'�.Cfv,r J 2060 5. CIRCLE OR. NORTH SLOG.. SUITE GL 10 •'•^•"y COLORADO SPRINGS, COLORADO 00906.41Se REKY March 21, 1989 PC .v ON OF Platte River Resident Office U.S. Army Corps of Engineers 9307 State Highway 121 Littleton, Colorado 80123-6901 Keith Schuett Weld County Department Of Planning Services 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: • Reference is made to Case Number USR-877, Distel Farm, Use by Special Review for a mining operation located in Section 8 and 17, T-2-N, R-68-W, Weld County, Colorado. During a March 21, 1989 site visit conducted by me, it was found that wetlands exist on this parcel of land. See attached maps showing the approximate wetland locations. The review of the mining plan shows what appears to require the filling of wetlands at the plant site which may impact approximately 4.34 acres of wetland. As you know, the Corps of Engineers has Regulatory jurisdiction over waters of the United States which include adjacent and isolated Wetlands, pursuant to the provisions of Section 404 of the Clean Water Act (33USC1344). Under this act, prior authorization is required from the Corps of Engineers for the discharge of dredged or fill material riverward o the ordinary high water mark of waters of the United States and into wetlands. This Regulatory jurisdiction is administered under Federal Regulation 33 CFR 320-330. Therefore this office should be contacted for proper Department of the Army Permits. Please find enclosed Department of the Army Permit Application material. If you have any questions concerning this matter, please feel free to contact this office or call Terry McKee at 303/979-4120. Sincerely, tC %a cf: Terry `ic ee Permit Files Environmental Resource Specialist Omaha Permits Branch 890424 ' I. 411 , l•, \ . Rif a966 \ ♦ lr•--n 995 ♦ ] ", / ♦(�J • TZN/ ♦�a \ 1 _ � I• I r / /' I •11 � J 1 JI' yam/ ..•�e I GREAP IIU'CJ W'Srt" 1 er' _ .. - .i 1 _ _ Ir M 1 \ua b fl.5' =1 to �` 1 /, «46 p ,_� .. iT. r J mss, ry I ) r \ Mi0•est •• —__ ,.. A - v awn •��\\ COiW,en�Ho n* ;� �� ,r+ _ 9.-.-.•//._1. _ v .r R— — --�� _may-' r V N ii I I l I II 9[p —V'7'.—. n Cf . _... - 44 • , y 771:71 J II Aq,L • P.mk Silt x4* ,I' f, I� n • l I, •, II i n^.b�� Je98091 4992 i�.9M.. •" n9o1 m,: .\ 14443 17117277:1 I is .7 •• . :,41137B ,, 16; .11 vary I. (_ � � ,, o it 5 o 5 ))/ /j (� \ / L IN a • 1NN- „ ,u W '496 230• 4971 498 • vmo._OIOLOGrce.W.44.••• 04 .u , i. .w � 499000".E. Wst LANG 890424 _._.....,.. 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I'>vr..i�.cT.+�N T.?,Mr.5.r/w.an.�▪x11.�'? �7, j0. 1y:c Limn.. ..m1�.. ▪ LC / w/I' • CE 4': Io l' lil p r. ',/'v »,•A l N > f X ` 2I ,..,.•,.,A, It INX. m n�I�i 4 ' /� S � / r'; `, I 1 toJ ,ma r r I I �^ r 1 �� "\F, ,Iii :. ��'r +� t, . uk r u •• / •0 fril\ • all C I l _ . .1T•12::/:::::.:, � H 1 ti I■■. l ft n ,%/ } 1^• v e it [}(.,� .. , fit y `I1' I ilL•,lr M / p� f• 5I. R..y5 ii/`� SI c sa w a ••.,:;-04:•::$5 i tI! .S r ,'+•IV Y 1 N5^I wy 1` • I v . \� 11 ..,v 5.,S4' i Jw. OI p.1`� , J r ••gyp 1.',1,r v.• r �/ Y _ ``...±` y. Irt '•� '�: . , 1A-au f tv ,�' I �,/ y 7 I. ♦, �" M1t�r r5r •It�f�J, 1� 'Y` so, ^' S 5. Vii.°1 . Ue O v. I l ; + <t �w`pO t..:44 4.0•• .I:5' :s' r�7'�S. eal I I \�I ..1::',41';'': t 4 I, ,�tl � YI I 1 •t1 yl\'+I,Y.4 1 M••,y4Y r•, '.{l C ? - l ..=..tart...Taimm al..1�. _ lls ..i.� qY l ,t tl Z/t ti ri` . �/� r. V:.v.4 .r..'”''I 'll(14641CS+A�,•I*i' aril 61?4, i•- 't f✓:n em"'^-1 y ;.;06!“:i". �y>-4,��5 A 41 *i ,�• , le a it /yJJt t ti tW/ ii • +C�(nj^t�.,1,+fr rd D�`�"y}/]I� { r-i 'att catid 890424 .Oc.cO43,\ COQ ROY ROMER tie eer'''--^,, � • RJERIS A.DANIELSON Governor s � � State Engineer * 181€ • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 Q April 3, 198911: ia57-sinr7 APR 6 1989 1 • Mr. Keith A. Schuett Weld Co. PI„Ila 2 yammis;ro. Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: C & M Companies. Distel Farm Resources, USR-877 SE1/4 SWI/4 and SW1/4 SE1/4, Sec. 8 and N1/2, Sec. 17, T2N, R68td Dear Mr. Schuett: We have reviewed the above referenced proposal to allow a gravel mining operation on 114 acres. Two ground water lakes will be created by mining with a total surface area of 78.6 acres. Evaporation of ground water is considered a beneficial use and, therefore, well permits are required prior to excavation creating the lake surface. Since the pits are located in an over-appropriated area, the well permits could not be issued without an approved plan for replacement of losses to the system. The information submitted discusses a plan for augmentation apparently using the applicant's rights to the Coffin and Davis Ditch. We have no record of such a plan being approved by Water Court. • We cannot recommend approval of this proposal until the applicant has obtained approval of a plan for the replacement of the losses to the system and a well permit for the proposed lakes. Sincerely, / Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:1499I cc: Alan Berryman, Division Engineer Steve Lautenschlager 890424 Post Office Box 471 •Boulder,Cotoroao 60300 -`• Mulder Land Use Department ..County? 2040 14th Sheet•14th&Spruce Streets•Administrotne Services Budding,2nd Hoer•Boulder,Colorado e0302•(303)447.3930 March 28, 1989 Keith A Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case number USR-877 C & M Companies (Distel Farm Resources) Dear Mr. Schuett: The Boulder County Land Use Department staff has reviewed this request for Special Review and Site Specific Development Plan for an open-pit mine and materials processing facility submitted by C & M Companies. After consultation with the County Public Works staff, our only question concerns traffic impacts to County Line Road. The report did not provide an estimate of number of daily trips; this information would certainly be helpful and is requested by our staff in evaluating the project. Thank you for the opportunity to comment on this matter. Please do not hesitate to contact me if you have questions concerning this response. sincerely, Barbara M. Bryan Long Range Planner BB/nj qv c: Bruce Johnson, Public Works Department LU MAR 2 9 1989 Weld Co. Ptiemne i.nmrmssiou 890424 Josephine W. Heath Ronald K.Stewart Herbert F."Buz"Smith,Jr. County Commissioner COunty Commiss oner _ County Commissary r DEPART'', NT OF PLANNING SERVICES "Wit• 1_ ( 1 • PHONE(303)956.4000 EXT.4400 915 10th STREET 1.1 � 4,94 fc f,�' GREELEY,COLORADO 80631 ks- (171 is,: hie CASE NUMBER L'SR-877 . COLORADO March 14, 1989 TO WhOM IT MAY CONCERN: Enclosed is an application from C & M Companies (Distel Farm Resources) for a Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. The parcel of land is described as part of the SE} SW} and part of the SW} SE} of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 20-1/2, approximately 1.5 miles east of Weld County Road 1 . This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 28, 1959, so that we may give full consideration to your recommendation. Please call. Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our. address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. s. . 2. We do not have a Comprehensive Plan, but we feel this request $- no (is/is not) compatible with the interests of our rj town for following reasons: a .43 O til Fp. x` We have reviewed the proposal and find no conflicts with our J interests. _ 4. 1. formal recommendation is under consideration and will be submitted to you prior co: 5. Please refer to the enclosed letter. Signed:_ iCk.trig Agency: Longmont Soil Date: March 23 1989 � Conservation District 890424 r �� DEPART.NT OF PLANNING SERVICES •`7t “,/ PHONE(303)356.4000 EXT.4400 ��,�, A ) 91510th STREET h 7 `�,T 1 ",ei,Y.nw. GREELEY,COLORADO 80831 ' 4414.,libt hi ea: It['. • 1� , 1� Y, . SLY?.. 1, °� 4 .4.1.466. CASE NUMBER CSR-877 COLORADO March 14, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from C S M Companies (Distel Farm Resources) for a Site Specific Development Plan and. a Special Review permit for an open-pit mine and materials processing facility. The parcel of land is described as part of the SE} SWI and part of the .SW} SE} of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 20-1/2, approximately 1 .5 miles east of Veld County Road 1. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by Narch '2S; 1989; so that we may give full consideration to your recommendation. Please ' call Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. x t' i 2. We do not have a Comprehensive Plan, but we feel this request A- —.7.- (is/is not) cot'pscible with the interests of our z town Act the following reasons: Fv ro YeLl z. s t Z5 c6.1 E , Zig 3. t/ We have reviewed the proposal and find no conflicts with our al ` a.cad interests. e � l` 'J4. E. formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. /c.4•c,.w -r ,der Signed: m een-i'• _Agency: prcr. o,s'yg/er Date: 47-og- 89A 890424 '• • Mailing List C & M Companies (Distal Farm Resources) USR-877 C & M Companies • P.O. Box 490 7916 Niwot Road Niwot, CO 80544-0490 Melba G. Distal 1443 Weld County Road 20-1/2 Longmont, CO 80501 C & M Ready Mix Concrete Company of Boulder 2716 Niwot Road Niwot, CO 80544-0490 Frank S. and Andrea P. Bigelow 990 East Highway 119 Longmont, CO 80501 Charles R. and Shirli Mae Hayes 998 East Highway 119 Longmont, CO 80501 City of Longmont Civic Center Complex 3rd and Kimbark Longmont, CO 80501 Tull Cattle Company c/o Richard Meyer Flatiron Sand and Gravel P.O. Box 229 Boulder, CO 80306 Ted L. and Janine Cox 1767 Weld County Road 20-1/2 Longmont, CO 80501 Anita Terhune 1710 Weld County Road 20-1/2 Longmont, CO 80501 Lee Ervin Olson 1738 Weld County Road 20-1/2 Longmont, CO 80501 890424 Mailing List C & M Companies (Distal Farm Resources) USR-877 Page 2 Herman and Betty Schlagel 1262 Weld County Road 20-1/2 Longmont, CO 80501 Equitable Life Assurance Society of the United States F.O. Box 2926 Overland Park, RS 66201-1326 890424 • r • Affidavit of Pubticati.on STATE OF COLORADO . County of Weld ss. I A.WGtkler Riegel of said County of µVeld being duly sworn,say . that I am publisher of PLATTEVILLE HERALD • that,the same is a weekly newspaper of general circulation Was NOTICE OF PUBLIC NEARING printed and published in the town of PLATTEVILLE The mmI Weld County wll hold Planning n•erl Ishii* W said county and state that the notice of advertisement.of which M en Tuesday. April ter, the annexed is a true copy has been published in said weekly 1969,at 1170 am.for N our of considering • Site Specific newspaper for Development Ian end a S9ee1a1 /r) Um Permit forVieproperty de. (�yt•�� consecutive wanks: scribed below. Approval el the that Na notice was published In the regular and entire Issue of every redoes( may treats • vested Property atone wr•uenl to awing publicatione period and time of publication Colorado taw. of said notice and in the newspaper proper and not in a supplement APPLICANT, a r COmeanlee • thereof:that the first publication of said notice wan contained In the inlaid Farm Raaa„rra.t `sstlsof sodnew/p•pc bearing the date of LEGAL DESCRIPTION: Part of 7/ cq the SE t/4 SW 1/4 end Den of the f.. "l�A Q /9/( and the last Publication SW 1/4 SE 1/4 el Section 6, end thaeo(,ln the Iamro of said newspaper,beat4lg date. ,ran part of the et me eta 1p,u„1 'Weld County, Commie the '2 Z day of TYPE AND INTENSITY OP J�a.�— �( PROPOSED USE: Open.plt mine /` 19r� that the said and melrlale proaaing, // LOCATION: MOM of Weld County Road 20-1/2 and appror- PLA77EVILLE HERALD Immty 1,5 muss ant of Weld County Reed i. has been published continuously and uninterruptedly during the SIZE: 114 acres,more or lad period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said nonce or advertisement above referred The wall Witte a will o held y In mmlethe a rs' a County to: and Nat said newspaper was at the time of each of the Commissioners' Nearing Room, publications of said notice duly qualified for that purpose within the - First Fleer, Weld County meaning of en act entitled. 'An Act Concerning Legal Notices. Centennial Center. 015 Tenth Advertisements and Publications and the Pees of Printers and Street• Greeley, Colorado, Publishers thereof, and to Repeal all Acts and ofA�{fa to Cementite r *elections related ts 1M above regwM ehetdd be Conflict with "ProWions of this AeC approved April 7, 921a and/ eubm111W In writing le th Weld all argendme Thereof. and p prry as/amended y aft• County Department of Planning App -� .and. ysfprovt!d 1 991. SMZ. Or ley Tenth strae4 ROOT /.v,n / ��/// j/• Sery ere, ale 90071. l`( . .- /7,./ I Mire the above date r pre- / ....ii- I Publisher scat at the public Miring en �. " April ta, lace,•__$ub•erSha and worn to before me this�Lda ofCepl• of public is Mediate rasn 7 Y available alt wain •tan n In �I A P In/^ St e DpMmem of Pd Coup y �. Services, Rear 742,Wald County ' /.--2----3711•04.4? Centennial Ceram, 915 Tenth —Sad, Greeley. Colorado x9671 • � Phor — 756.4000, Ealteddi Al l Notary Public 4400. fr 4 1 5 11 V E R it V E,4'U E eve Ndldonon. Chairman Weld County Planning Commission FT. LUPTON, CO 80621 Published In the Platteville Herald, March n, ti9. My commission expires June 1992 20,1C22 . 'IC -_Lie.,h r\t`r'1ti5n gni( rp' W 9 e 10PC i t 890424 welt) C'. • • MEMORANDUM COLORADO WATER CONSERVATION BOARD 1.William McDonald Director TO: Larry Lang FROM: Mark MatuliGQt DATE: April 11. 1989 SUBJECT: Review of Mining Permit Application Distel Farm Resource Weld County, Colorado I have reviewed the attached document and offer the following recommendations. The Distel Farm Resource, Mining Permit Application is a request for approval from Weld County to conduct open pit mining of aggregate for its concrete plants in weld. Adams, and Boulder Counties. The transmittal letter from the consultant who prepared the study. Tuttle. Applegate, Rindahl, Inc. , to the county planner states "This type of use is encouraged by the County in floodplain areas. " The body of the study follows, where at Exhibit D (page D-1) maps are provided which clearly show the larger part of the mining operation being conducted in the 100 year flood hazard area of St. Vrain Creek. Following the type of statement made in the transmittal letter. I reviewed the Weld County Zoning Ordinance, August 2. 1988. Section 53 is the Flood Hazard Overlay District. Under Section 53 .2 Purpose, the following provisions are set forth. - 53 .2 .10.3 Controlling the alteration of natural floodplains, stream channels a natural protective barriers, which help accommodate flood flows, es P- - 53 .2. 10.4 Controlling filling. grading, dredging ,� and other development which may increase flood "r2i damage, and .,t 53 .210. 5 Preventing and regulating the V "zl construction of flood barriers which unnaturally divert flood waters which may increase flood hazards in other areas. 9804E 890424 0 Section 53.5.2 states "Nothing in these regulations shall be construed as exempting an applicant for a Flood Hazard Development Permit or from any other Weld County regulatory requirements. " As such, the applicant should be required to obtain and fill out a "Flood Hazard Development Permit" before the mining operation begins. Section 53 . 6. 1.4 states: "No encroachments, including fill, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other DEVELOPMENT shall be permitted unless certification by a registered professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in FLOOD levels during the occurrence of an INTERMEDIATE REGIONAL FLOOD. " More importantly Section 53 .6.1.7 states: "Land within the FW (Floodway) District shall not be used for the storage or placement of the following: flamable or explosive materials, sand and gravel and other mineral deposits, fill material, and materials that, in times of FLOODING, are buoyant. " Exhibit G. at page G-1. states that "stockpiling of the aggregate will occur outside the floodplain. " Therefore, it is possible that the mining activity could improve conveyance on St. Vrain Creek in the project area. MDM/gl • 890424 -2- I ®/ /,� i C & M COMPANIES auleant DISTEL FARM 1 RESOURCE 1 1 APPL:CAT:ON FOR A MINING USE BY SPECIAL REVIEW PERMIT i 1 N 1 WELD COUNTY, COLORADO I 1 MARCH 1969 1 1 ::iTTIF- APPZECATF RINOAHI. :Nc C....mitanu fo Lod r-0 Rea C...:yd.-et 1 89U424 1 irmame TUTTLE APPLEGATE RINDAHL, INC. r Consultants for Land and Resource Development March 8, 1989 Mr. Keith Schuett Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Distel Farm, Use by Special Review for a Mining Operation Dear Mr. Schuetti With this letter we are requesting a Use by Special Review for a mining operation within the agriculture zone. We are including for your use the complete Regular Operations application for a 112 permit as administered by the Colorado Mined Land Reclamation Division. This application will fully describe our proposed use of mining and the final reclamation as proposed. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit is necessary to provide aggregate to C&M's concrete plants in Weld, Adams, and Boulder Counties and for construction materials for the 1-25 Mixed Use Development area. The subject property is adjacent to the 1-25 MUD area. The proposed use is consistent with the intent of the District, since this area contains a valuable resource and will be restored to a beneficial use. The reclaimed after use is pond and pastureland, which is compatible with adjacent agriculture uses. The St. Vrain "Corridor" is of interest in this area for passive recreational uses. This reclamation ' plan does not limit any recreational potentials. This operation will not adversely impact the agricultural economy of the County, and the water rights of other irrigation users will be protected. The Reclamation Plan shows mining will have a large setback (1/4 mile) from the County road to allow reclamation and continued use as ' pastureland. This reclamation scheme is consistent with existing land uses as well as anticipated proposed land uses. Agriculture is presently found surrounding the property. ' The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as ponds, for use as a wildlife habitat. This type of use is encouraged by the County in floodplain areas. Pleas refer to the submitted Flood Hazard Development permit application for a more detailed analysis. 890424 1 11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 1 woreirim TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Mr. Keith Schuett Weld County Department of Planning Services ' March 1, 1989 Page 2 The use is proposed to be located in the "A" District. The applicant has made a diligent effort to conserve productive agricultural land by locating the use adjacent to the St. Vrain corridor while leaving areas south for continued agricultural use. The use will not adversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable state ' permits. Noise from the processing site equipment at the property line will not be a problem. The closest processing site is a minimum of 1,500 feet from Weld County Road 20-1/2. This distance will adequately dissipate any noise which could be louder than the noise created by vehicles on the gravel road. The nearest residence is 1,500 feet away. At this distance all noise will be less than the agricultural noise standards developed by the State Department of Health. Compatibility with surrounding land uses is insured by location and setbacks. To the west, north, and east exist agricultural lands which are not affected by the proposed operation. To the south exists the Distel farm residence, but the 1,500 mining setback safely separates the house from the operation. The mining and processing operations will generally work on one 8-10 hour shift, 5-6 days per week. It is expected the operation will employ five workers on-site. There will be no animals allowed near the mining and processing activities of the proposed use. Vehicular traffic and access routes are discussed in the accompanying "Traffic Patterns" statement. The statement has been provided separately for ease of reference by County Engineering personnel. Domestic sewage facilities will consist of one portolet at the scale house. There will be no permanent structures proposed with this use. A portable conveyor, processing plant, and scale house will be erected for use with the site mining. The equipment used is delineated on the Use by Special Review application and in the attached Exhibit D. 890424 1 TUTTLE APPLEGATE RINDAHL, INC. r. Consultants for Land and Resource Development 1 Mr. Keith Schuett Weld County Department of Planning Services March 1, 1989 ' Page 3 In order to minimize the visual impact of the operation, the mining is divided up into specific small scale phases. These phases will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which includes the planting of trees. Phasing is shown on the attached Exhibit C. More trees will be re-established on the site than presently exist. In addition, all the trees along the oxbow of the river will remain within the 150 foot setbacks. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. ' The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM) . The north and eastern portion of the site are shown in a zone designated as Zone A, "areas of 100-year flood; base flood elevations and flood hazard factors not determined" . The south and west portions of the site are not located in the floodplain as defined. The operator will comply with Section 53 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Stockpiles will be aligned in the same direction of the stream flow, therefore, minimizing the potential to increase the depth of backwater ' from the site. The stockpiles will be located in areas of minimal floodwater depth, therefore, reducing the potential of altering the water course and reducing the potential of the materials becoming buoyant and leaving the site. Approximate sizes and locations of stockpiles, plant site, material storage, and sedimentation ponds are shown on the accompanying Exhibit C. The operation scale house will be equipped with a fire extinguisher. Other extinguishers may be provided at the project plant site. The site will lie within the Longmont Rural Fire Protection District. C & M Companies carries general business liability insurance to the extent of not less than $100,000.00. The Regular Operations application Exhibit G discusses the availability of water for process washing and the availability of water rights for supplemental water for consumptive use as determined in the augmentation plan already submitted to the Water Court. Drinking water on-site will be provided by the operator in the form of bottled water. 890424 -.= TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development I Mr. Keith Schuett Weld County Department of Planning Services March 1, 1989 Page 4 This mining operation will not cause injury to vested or conditional water rights along the St. Vrain River. The district Court for Water Division I is currently reviewing the filed augmentation plan. The title policy and lease agreement between C & M and Ms. Distel is included in the attached Exhibit 0, to demonstrate the applicant's interest in the property. 1 Soils information is included in the attached Exhibit I. The soil does not pose limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE RINDAHL, INC. Daniel P. Giroux, P. . DPG/mo Encs. ccr Pile t88-181 I I r I I r 890424 I WELD COUNTY, COLORADO SPECIAL USE APPLICATION for OPEN CUT MINE PERMIT (gravel pits, etc. ) IWeld County Department of Planning Services, 915 - 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 1 For Department of Planning Services Use Only Case Number: IDate Application Received: PC Hearing Date: 1 Section: , Township: North, Range: West Zoning District: IRecording Fee: Permit Fee: Recording Fee Receipt ft Receipt Number: IApplication Reviewed By. ITo be completed by APPLICANT in accordance with procedural guide Requirements. 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut gravel (gravel, coal, borrow pit, etc. ) mining operation for the following described unincorporated area of Weld County: 1 LEGAL DESCRIPTION The SE 1/4 of the SW 1/4 of Section 8 Township 2 North, Range 68 Went. and, the SW 1/4 of the SE 1/4 of Section 8. Township 2 North. R pge 68 west. less the S 1/2 of the Sz 1/4 of_the SW 1/4 of the SE 1/4 qtf said Section. and. thejlorth 1/2 of the NW 1)J of the Ne 1/4 of the Nw 1/4 of Section 17. Townshiv 2 North. Range 68 West. Being 9 acres more or less. The Darcek under lease 14 ' described as follows: The N 1/2 of the NE 1/4 of the NE 1/4 of the fiW 1/4 and, the S 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 and. the N 1/2 of the S 1/2 of the NE 1/4 qA_ the NW 1/4 and, the NW k/4 of the NW 1/4 of the NE 1/4. All in Action 17. Township 2 North. Range 68 west of the 6th P M. . Being 35 acres more Or less. Part of Section 31. Township 6 North. Rangy 66 West of the 6th PM. Wed County. Colorado. a Total acreage of use is 114 acres. more Or less. I 2. Surface owner(s) of area of land described Name.C&M Companies Address:7915 Niwot Road Phone:44,-1099 Niwot. CO 80544 Name:}teJba G. Distel $ddress:1443 NCR 20-1/2 Phone:776-3353 Z,onamont.00 80501 1 ' 890424 i s 3. Owner(s) of mineral rights to substance to be mined NameiC 6 H Companies Address,Niwot. CO 80544 Phone:443-1099 4. Source of applicants' legal right to enter and to mine on the land describedsglease refer to Exhibit 0 of accompanying packet. Lease with Melba Grave Distel: title Policy from Transamerica Title I 5. Address of applicant and general office Applicants Address:791i Niwot Rd:Niwot,CO 80544 Phone: 352-6057 General Office Address.8ox 490.Nil!ot.CO 80544-0490Phones352-6057 I 6. Identify any prior permits for mining held by applicant or affiliated person:HLRD M-84-798: MLRD M-82-225: MLRD M-73-107 (All poulder County) 1 7. Description of Operation a. Types and number of operating and processing equipment to be employed:Putable Convsvor-2.500-34.000Leet:Crusbe�c-l:Screen 2: Dewatering Scre_w-1:FrontLoadtr-2:Excavato7;.1:Classifier Scale House/Office- 1: 25 ion.(£nd)Dump Trycks-12:Please see attached tjchibit D. b. Maximum number of employees:_, and number of shifts: 1 c. Number of stages to be workeds30 phases , and periods of time each is to be worked.Approxima }v one year will be spent mining each phase, dependent upon material market. d. Thickness of mineral deposit:4 to 17 feet, and thickness of the overburdens0 to 7 feet. e. This will be a wet/j pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) a$ite access will be from WCR 20-1/7. Traffic will use WCR 20-1/2 west to County Line Road. Please see accompanying Traffic Statement. Have coordinated with Draw Scheltinga. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) s)?astuxeland and ponds b. Source of technical advice for reclamationiColorado Division of wi,}dlife, USDA Soil Conservation Service c. Explanation of Reclamation Process:Side slopes graded to no pteeoer than 3H: 1V. Topsoil will be stripped. stockpiled. and rediggributed for seeding throughout, as mining progresses. Shorelines will be graded, toosoiled and seeded for reclamation Compacted areas-plant site, stockpile axtas, haul areas- will be scarified. toPsgiJed. and seeded. Fox a more comprehensive description. P1tase refer to Vxhibits E and F of the accompanying Packet of materials. 1 ' 890424 i 1 1 I hereby depose and state under the penalties of perjury that all 1 statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. 1 COUNTY Ot Weld STATE or Colorado 1Ptott,t Cu Signatures Owner/Authorized Agent 'lyl,11j1 ISubscribed and sworn to before me this day of x;.•19 ' SEAL S.-.�_> • > 4�•.S "s. NO ARY PUBL R./‘,., . I Hy Commission expires' • -_ .aid 1- °L s%�. . `'ll1 1 • 1 1 1 1 1 I 1 1 890424 AFFICAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject PropertyDistel Farm, T2N, R68W, Sections 8, 17, Weld County, Colorado STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED. being first duly sworn. states that to the best of his or her knowledge the attached list is a true and accurate list of the names. addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the rpplication. This list was compiled from the records of the Weld County' Assessor. or an ownership update from a title or abstract company or attorney. derived from such records. or from the records of the Weld County Clerk and Recorder. The list compiled • from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ••..fotaa ULLA I The foregoing instrument was subscribed and sworn to before me this • .3- day . 19.83:6 • 1— boo Q cro t WITNESS my hand and official seal . b: • Fly Commission expires: ('V�0..i`st;0�^� FS p `(1 890424 1 1 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET 1 parcel Identification Owner of Property. (Surface Estate) . Number Address 1313-08-000-017 Distel, Melba G. 1443 Weld County Road 20-1/2 Longmont, CO 80501 1313-08-000-017 C & M Ready Mix Concrete Company 1 of Boulder 2716 Niwot Road Niwot, CO 80544-0490 1 1313-08-000-028 Bigelow, Frank S. & Andrea P. 990 East Highway 119 Longmont, CO 80501 1313-08-000-033 Hayes, Charles R. & Shirli Mae 998 East Highway 119 Longmont, CO 80501 1 1313-08-000-032 City of Longmont Civic Center Complex 1 3rd and Kimbark Longmont, CO 80501 ATTN, City Clerk 1 1313-08-000-030 City of Longmont Civic Center Complex 3rd and Kimbark 1 Longmont, CO 80501 ATTN, City Clerk 1 1313-17-000-027 Tull Cattle Company c/o Richard Meyer Flatiron Sand and Gravel P. 0. Box 229 1 Boulder, CO 80306 1313-17-000-035 Cox, Ted L. & Janine Cox 1 1767 Weld County Road 20-1/2 Longmont, CO 80501 1 1313-17-000-057 Terhune, Anita J. 1710 Weld County Road 20-1/2 Longmont, CO 80501 1 1313-17-000-056 Olson, Lee Ervin 1738 Weld County Road 20-1/2 Longmont, CO 80501 890424 1 I I 1313-17-000-013 Schlegel, Herman (1/2 Interest) Schlegel, Betty (1/2 Interest) 1262 Weld County Road 20-1/2 Longmont, CO 80501 1313-17-000-022 Equitable Life Assurance Society of the United States P. O. Box 2926 Overland Park, KS 66201-1326 1313-17-000-048 Equitable Life Assurance Society of the United States P. 0. Box 2926 Overland Park, KS 66201-1326 1313-17-000-049 Bigelow, Prank S. & Andrea P. 990 East Highway 119 Longmont, CO 80501 1313-17-000-052 C & M Ready Mix Concrete Company of Boulder 7916 Niwot Road Niwot, CO 80544-4090 i i 1 1 I 1 890424 I I I AFFIDAVIT OF INTEREST OWNERS IMINERALS AND/OR SUBSURFACE . ' Application No. • •. Subject Property Distel Farm T2N1 R684, Sections 8, 17, Weld County, Colorado I ISTATE OF COLORADO ) ss. • COUNTY OF WELD ) ' I THE UNDERSIGNED, being first duly sworn, states that to the best of his Ior her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under • ▪ the parcel of land which is the subject of the application as their names 1 appear upon the records in the Weld County Clerk and Recorder's Office. or . from an ownership update from a title or abstract company or an attorney. I I -Prit-SUa . CKAALAA The foregoing instrument was subscribed and sworn to before me c, ▪ this 3 day of �� c�.,.�e• . . 19a By '1/4--;a3/4.* v. I `,-. I `�`l,^,minis,,,,�0, WITNESS my hand and official seal. ``M f. ••'f•. •:, 2;. >, a •'tide , • IMy Commission expires: c i}b' ` t --NII •—••,+:•- i S, .cs ' Notary w 890424 ■ I Mineral Owner of Sand, Gravel, and Unclassified Soil, C & M Companies P. 0. Box 490 1 7916 Niwot Road Niwot, CO 80544-0490 Oil, Gas, and Mineral Leaseet C & M Companies P. O. Box 490 7916 Niwot Road Niwot, CO 80544-0490 1 i I i t 890424 1 I I 1 Traffic Patterns C & M Companies has a fleet of 25 trucks for material hauling. These trucks are 25 ton end dumps. The total number of trucks running to this operation will be dependent on market conditions and will vary on a continuous basis. The general market area for the pit will consist of three specific locations, ( 1 ) Longmont; (2) Broomfield; and (3) the greater Metro Denver area. The location map for truck haul routes shows the estimated distribution of traffic. Approximately 25% will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. The proposed haul route will go west to County Line Road and bifurcate. Broomfield traffic will go south to State Highway 52. ' Longmont and Metro Denver traffic will go north to State Highway 119 and then continue either west to Longmont or east to Interstate 25. ' Traffic is not routed along County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distel property. The load limit is 37 tons and will not allow 1 the use of the 25 ton end dumps. If this bridge is upgraded to a full rating in the future, Interstate 25 traffic could be rerouted to County Road 7. Some aggregate material will be imported to the site for processing and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. To increase efficiency and minimize traffic and road impacts, the import aggregate will be hauled on return trips of fleet trucks delivering product materials. Because of this routing, overall truck trips would not be affected. I 1 I 890424 1 -\,..i: it I f ft' : -— M ‘ ' t, Or '., 1, / 7 :.y c o ,Dp 11, r ) A N.� <r •• p s O Imo, IF-- ) (� Q 1—v -, O 1III 11 1, i , . .2 ' . • , CC. 1 Ifi,lililik I \ ' - 't . co I (NJ::: t, ' 4.1/ I 8 -1 .: 1 �� i isi fit/ . � i � Cd ti. "W I u a jei .Ossi ! LIILkima,` i w O CC'_ i� i 1 I ' ''�r� d3l�t/ • `� ae 4� 4, a / ;a131UW0©a9 c‘,1 L !I J '/ - ili %9Z ant ' - ,�.• P. ti i , '- L 1' 1 1 /� «� f ��'I0 / AC I N , 6 .v /' l v d: t� ..\ •w N .-? ?j •Ii :I ----� ,. v\v�; �, el i� ,�I1' _ Ir JQ�, id cc to.� ` I1 O . i .. Cr .. 11,-.71— Z"r .!_4 qt. 1r _ �.: ? K 7— C9d,, t 'rren4� may. .n l.il-. f 1 �• [ it .-� I 1 �® 1 C & M COMPANIES i 1 DISTEL FARM 1 RESOURCE 1 1 1 APPLICATION FOR A REGULAR OPERATION (112) 1 MINED LAND RECLAMATION PERMIT . I 1 IN WELD COUNTY, COLORADO 1 MARCH 1989 1 TUTTLE APPLEGATE RINOAHL, INC. r Consultants for Land and Resource Development 1 890424 I 1 REGULAR (112) PERMIT APPLICATION FORM IThis form contains two major parts: (1) General Operation Information and (2) Exhibits A-P. When you submit your application. be sure to include four signed copies of the IGeneral Operation Information. four copies of Exhibits A-P, and a check for the application fee described under (4) below. To expedite processing, please provide the information in the format and order described in this form. I GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. I1. Applicant/Operator Name: C & M Cginnanies - • 2. Operation Name (Pit, mine or site name): taste' Farm Resource • I 3. Application type: Regular (112) Permit Operation. I 4. Application Fee for Permitted Acreage* - 114 permitted acres. ($50.00 f 515.00/acre, 1st. 50 acres; 510.00/acre, 2nd. 50 acres; $5.00/acre, 3rd. 50 acres; I $1.00/acre. any additional acreage; maximum fee of $2.000.00).* Note permitted acreage and application fee and Iattach a check for this amount when you file. $1370.00 application fee. 5. Substance(s) to be mined (e.g., gold/silver/gravel): sand & gravel 6. Owners(s) of Substance to be Mined (check applicable box(s)): ® Private O State 0 Federal 0 Indian I 7. Owner(s) of Record of Affected Land (check applicable box(s)): Q Private O State O Federal O Indian I 8. Type of Mining Operation (check applicable box(s)): Q Surface O Underground O In-situ 9. Location Information. The center of the area where the majority of mining will Ioccur lies in: COUNTY: y�r.tl� • I PRINCIPLE )4ERIDIAN (check one): O 6th (Colorado) O 10th (New Mexico)O Ute TOWNSHIP (write number and check direction): T .2_,_ Q North 0 South RANGE (write number and check direction): R 6 8 0 East p West SECTION (write number): I S QUARTER SECTION (check one): O1E— O MW O SE ®c SW QUARTER/QUARTER SECTION (check one): O NE O NW >0 SE O SW GENERAL DESCRIPTION: I (miles and direction 3 miles east of Longmont from nearest town and approximate elevation) Flavat1nn- ARAM I * If the operator is a unit of State or county government, an application fee is of9®4,24 - required. A fraction of an acre must be counted as one acre for fee calculation. I 1 1 -2- . • 10. Correspondence Information I APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual's Name: Bob Allen Company Name: c & Msomoao5Qs Street: p. Q. Box 490 - 7916 Niwot Road City: Niwot IState: Colorado Zip Code:80544 Area Code: 303 Telephone: 443-1099 IPERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Mike Applegate - I Company Name: Tuttle Applegate Rindahl , Inc. Street: 11990 Grant Street Suite 410 City: _ Denver IState: rn)OraA0 Zip Code: 80233 Area Code: Telephone: IINSPECTION CONTACT (if different from applicant/operator above) Individual's Name: I Company Name: Street: City: - IlState: Zip Code: Area Code: Telephone: I11. Primary future O Cropland(CR) O Pastureland(PL) t General Agrlculture(GA) land use O Rangelend(RL) O Forestry(FR) O Wildlife Habitat(WL) I (check one): O Residential(RS)13 Recreation(RC) O Industrial/Commercial(IC) O Developed Water Resources(WR) O Solid Waste Disposal(WD) I 12. Primary present O Cropland(CR) O Pastureland(PL) la General Agriculture(GA) land use t1 Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) (check one): O Residential(RS) O Recreatlon(RC) D Industrial/Ccntnerclal(IC) O Developed Water Resources(WR) 1 To the best of my knowledge, all the information presented on this application form and the attached Exhibits A-P are true and correct (mu be signed by applicant/operator). IDate: _2. -2.S. - el By: CtAIL.,. ' l e C tabs?£ �(c cStbtnT 890424 1 1 1 EXHIBIT A LEGAL DESCRIPTION The proposed operation is located on two parcels of property. One parcel is owned by the C & M Companies and the mineral rights to the other parcel is leased from the Distel family. The parcel owned by C & M Companies is described as followse The SE 1/4 of the SW 1/4 of Section 8 Township 2 North, Range 68 West, and, 1 The SW 1/4 of the SE 1/4 of Section 8, Township 2 North, Range 68 West, less the S 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of said Section, and, 1 The North 1/2 of the NW 1/4 of the Ne 1/4 of the Nw 1/4 of Section 17, Township 2 North, Range 68 West. Being 79 acres more or less. The parcel under lease is described as followsi The N 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 and, the S 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 and, the N 1/2 of the S 1/2 of the NE 1/4 of the NW 1/4 and, the NW 1/4 of the NW 1/4 of the NE 1/4, All in Section 17, Township 2 North, Range 68 West of the 6th P.M. , Being 35 acres more or less. 1 • 1 1 1 1 1 890424 A-1 CO r Ai Li 1 l.l[{ Nr if_' ..••: •, : II ; (// 1 Is LD 6 O O � , ` \-.., r! T ` ac tc r .ay k , I r,3 N t'S, c): lOb I , f gl /1( t . .� 2 • •rI � , r I t;-� ,V I f O ,: I, 1 l�l��g�tl�kr ■ ,, 'i ,mod r / 1 _. _:a/ { la , . J..V N\ ///,'"'•-,. K ~yl� 1 i i `- • --- . O .. i,A H � i • ii yr� / i N I l,.• 1 /— / w�j`miaq i i 11 fit' QW� f i t/�+� V� • 1 , , A / A"' A I $ 1' / /40 v� ,� ,F Y.,,Jfi 7 +tom is \. i\ 1 4 �` a �I � ' r \ i� 1 , /,cc �7I- -s. , . .: r. z—�•t �" r i . ....i.43 ..-�. 1-6lip �1C .! \\\\\• �. ) • V I o' ._ rs ...� � id�11 I .`41- 1 a y ' ,r w ewe \ -� , c 890424 I EXHIBIT C 1 I LANDOWNERS ADJACENT TO PERMIT AREA' 1 1. Distal, Melba G. I 1443 Weld County Road 20-1/2 Longmont, CO 80501 I 2. C & M Ready Mix Concrete Company of Boulder 2716 Niwot Road Niwot, CO 80544-0490 I3. Bigelow, Frank S. & Andrea P. 990 East Highway 119 ILongmont, CO 80501 4. Hayes, Charles R. & Shirli Mae 998 East Highway 119 ILongmont, CO 80501 5. City of Longmont i Civic Center Complex 3rd and Kimbark Longmont, CO 80501 I ATTN' City Clerk 6. Tull Cattle Company c/o Richard Meyer I Flatiron Sand and Gravel P. 0. Box 229 Boulder, CO 80306 I7. Olson, Lee Ervin 1738 Weld County Road 20-1/2 Longmont, CO 80501 ' 8. Equitable Life Assurance Society of the United States I P. O. Box 2926 Overland Park, KS 66201-1326 I I I I 890424 C-i A I 1 1 EXHIBIT D MINING PLAN 1 The Distel Farm Resource will be used by C & M Companies as a source for concrete sands, fill material, and aggregates. The applicant owns a portion of the property and holds mineral leases for the remainder. The general location of the mining area is along St. Vrain Creek, south of State Highway 119 and west of Del Camino. The total area of property to be mined is 114 acres. The Distel Farm property will be mined using dry mining techniques. Any groundwater intercepted during the mining operation will be pumped from the open pit and discharged to St. 1 Vrain Creek. A stationary plant site will be located near the southeast corner of the permit for processing and stockpiling material. If groundwater inflow into the pit becomes to voluminous to handle efficiently the operator may change mining methods to wet mining by dragline. The material to be extracted on this property is sand and gravel. The nature of the stratum is typically a layer of topsoil ranging from 0 to 7-1/2 feet in thickness overlaying a sand and gravel deposit that ranges in thickness from 1 to 17 feet. A claystone ' bedrock is encountered from 6 to 19 feet below ground. There are interspersed lenses of clays and silts deposited by St. Vrain Creek. Bore logs taken in October, 1983 encountered groundwater at a depth of 4 to 8 feet below the ground surface. Given that ' the borelogs were taken at a late time period of the year, it is reasonable to assume groundwater can be much higher during the spring and summer months. ' The sand and gravel in this area is cataloged by the Colorado Geologic Survey in a 1974 report titled Sand, Gravel and Quarry Resources; Colorado Front Range Counties. St Vrain Creek deposits are recognized as a valuable mineral resource and the aggregates are classified as high quality. Mining will be done by phases. The land area opened for mining will be limited to only that necessary to satisfy market demands. Mineral extraction is currently projected to be 200,000 tons per year. Average material depths range from 5 feet to 17 feet of material. Maximum disturbance in the open pit will be limited to 8 acres. 1 1 890424 D-1 1 i Earthmoving will be accomplished using scrapers and front end loaders. Topsoil will be removed and stockpiled separately from overburden. Field investigations indicate topsoil depths ranging from 0 to 7-1/2 feet with an average depth of 3 feet. Typical 1 stockpiles will be 10 feet in height, 50 feet wide and will contain 7,000 cubic yards of material. See Exhibit C for proposed locations of stockpiles. A large portion of the mining ' area lies within the 100 year floodplain for St Vrain Creek as determined by the Federal Emergency Management Agency. Wherever possible, stockpiles will be aligned with the general direction of flow to minimize erosion of stockpiles during flooding. 1 Two lakes will be created by the mining operation. These lakes will have a surface area of 40. 3 and 38. 3 acres. (See Exhibit C) . 1 A small three cell settling pond will be constructed at the plant site for providing wash waters to the plant. Each cell will be approximately 75 feet wide and 100 feet long. The average depth 1 will be 15 feet. The sequence of mining activities that will be done are as followsi 1 1 . Topsoil and overburden will be stripped and stockpiled. 2. A dewatering trench will be constructed around the perimeter 1 of the mining phase. 3. A portable dewatering pump will be installed and groundwater will be discharged to St. Vrain Creek. 1 4. Sand and gravel will be extracted and placed on a conveyor system. 5. The sand and gravel will be transported via conveyor to the plant site for screening, crushing and washing. 6. Processed material will be stockpiled at the plant site and trucked from the property to end users. i 1 1 1 1 1 890424 D-2 1 1 Disturbance associated with mining is classified as the following, Major Usturbance 1 Mining 8.0 Stripped 3.0 Topsoil Stockpiles 1.0 ' Moderate Disturbance Plant site 12.0 ' Office and Scale House 0. 5 Minor Disturbance Reclaimed and Seeded 2.0 Reseeding Year 2 0. 5 ' TOTAL DISTURBED ACREAGE 27.0 The mining phases shown on Exhibit C represent estimates for mineral extraction in one year increments. The mining plan calls for completion in approximately 10 years. Mining and reclamation of each phase will be done contemporaneously. When mining is t completed in one phase and moves to the next phase, reclamation activities will begin immediately on the completed phase. Grading and backsloping of shorelines will be done using stockpiled topsoil and overburden. Reseeding will be done in early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas where previous reclamation was not successful. The estimated time between completion of a mining phase and accomplishing final reclamation is two years. Equipment used for mining will be, Scraper and 988 front end loader for stripping 980 front end loader for mining ' Portable conveyor system Twin dewatering screw Processing Equipment, Three deck bay screen 4-1/4 foot cone crusher ' Three screen wet deck Nine cell sand classifier ' Haul vehicles will consist of a fleet of twelve 25 ton end dumps. 890424 ' D-3 1 1 1 7ralfic Patterns ' C & M Companies has a fleet of 25 trucks for material hauling. These trucks are 25 ton end dumps. The total number of trucks ' running to this operation will be dependent on market conditions and will vary on a continuous basis. The general market area for the pit will consist of three specific locations: (1 ) Longmont; ( 2 ) Broomfield; and (3) the greater Metro Denver area. The location map for truck haul routes shows the estimated distribution of traffic. Approximately 25% will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. ' The proposed haul route will go west to County Line Road and bifurcate. Broomfield traffic will go south to State Highway 52. 1 Longmont and Metro Denver traffic will go north to State Highway 119 and then continue either west to Longmont or east to Interstate 25. ' Traffic is not routed along County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distel property. The load limit is 37 tons and will not allow the use of the 25 ton end dumps. If this bridge is upgraded to a full rating in the future, Interstate 25 traffic could be rerouted to County Road 7. Some aggregate material will be imported to the site for processing and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. To increase efficiency and minimize traffic and road impacts, the import aggregate will be hauled on return trips of fleet trucks delivering product materials. Because of this routing, overall truck trips would not be affected. t I I 1 890424 0 I I 1 EXHIBIT E RECLAMATION PLAN ' The final reclamation of the Distel Farm will be the reestablishment of grazing land for future farming activities in the area. Two lakes with reclaimed shoreline will be left with a t total water surface area of 78.6 acres. The mining plan calls for progressive reclamation of the property. This technique will minimize the total amount of ' disturbed acreage at any time during the operation. The table of disturbance shows a proposed maximum amount of disturbance of 27 acres at any time period during mining. The mining and reclamation calls for preservation of all of the trees located in an old oxbow of St. Vrain Creek. This area comprises approximately 15 acres of land and will be left undisturbed. A smaller group of trees around some abandoned farm buildings will also be left intact and will form a small • connecting land bridge to the river. There are some wetlands that will be excavated by the mining operation. However, there will be po filling done in any wetlands. Because no filling will be done, a 404 permit is not required for either the mining or reclamation of the property. The reclamation sequence for the property will be as follows: 1 1. Rough grade shorelines. 2. Replace overburden and topsoil and grade out. ' 3. Drill seed as warm season cover crop in spring. 4. Drill seed permanent grass in fall. 5. Reseed grasses where necessary. Replacement of overburden and topsoil will be done in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be replaced in the previously completed phase. This will minimize material handling and disturbance of stockpiled overburden. ' The proposed post mining land use is compatible with surrounding land uses. The St. Vrain valley provides a valuable supply of aggregate and sand to the Front Range and as such has numerous mining operations in the area. 890424 E-1 I 1 1 The proposed reclamation plan meets the requirements of Rule 6 in ' the MLRD regulations as follows, Grading Grading will be done along to provide stabilized shorelines around the lakes. All backfilling will be done with native overburden and topsoil. There are no known toxic materials in the proposed backfill and as such will not cause groundwater contamination. ' The grading will be done to control erosion. Final grading and reseeding will be done immediately after grading and topsoiling has been done. All backfilling will be completed in phases after mining is completed. No acid forming materials, refuse, or toxic producing materials are known to exist in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of according to applicable laws. There are no drill or auger holes associated with the mining operation. All slopes left by the mining operation will be no greater than 3, 1 from 5 feet above to 10 feet below normal water surface elevation. All other slopes will be no greater than 2, 1. water Disturbance of the area will be done to minimize the affect on the prevailing hydrologic balance as follows, ' (a) The operator shall comply with all applicable Colorado water laws. (b) The operator shall comply with all applicable Federal and State water quality laws and regulations. (c) The operator shall comply with all Federal and State requirements for dredge and till. There are no anticipated requirements for this type of activity. (d) The operator will remove and regrade all sediment and siltation structures after mining is completed. I 890424 E-2 1 Wildlife The proposed reclamation plan does not propose to create wildlife habitat. There are no known endangered species in the area. All activities will be planned considering the safety and protection of wildlife on the property. The reclamation plan does call for preservation of trees and wetlands located within the oxbows of St. Vrain Creek. Some species may be temporarily displaced by the mining activities. They are expected to reestablish with no difficulty after mining and reclamation has been completed. Topsoilina The existing topsoil on the property consists of a 0 to 7-1/2 1 feet layer of sandy silty loam. The majority of grass roots are contained within the top 12 inches of soil. All topsoil will be stripped prior to mining and stockpiled. Stockpiles which remain in place longer than one growing season will be seeded with a fast growing over to minimize wind and water erosion. Handling of topsoil will be minimized by efficient sequencing of mining and reclamation through phases. 1 After mining has passed through an area, non-marketable material will be replaced at an even depth of 12 to 18 inches along shorelines and graded. Soil amendments are not proposed due to the rich organic content of this river bottom topsoil. However, if they are determined necessary by the SCS, they will be used to enhance plant growth. Eeveaetation The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain and create usable farm land. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seed will be planted approximately one-half inch deep and will be drilled between November 1 and April 1. The grass seed mix includes drought resistant varieties and will be planted either in early spring or fall to insure germination If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed when they reach a height of 6 to 12 inches throughout the first growing season. Mechanical control will be used as a first priority. I Chemical methods will only be used if no other alterative produces acceptable results. uth®424 E-3 I I I The property is not forested and will not require fire lanes. A minimum 30 foot setback will be maintained around the permit boundary which will allow access. The reclamation of all processing sites will be delayed until the final phase of mining is completed. At that time the ground will be scarified, leveled, and seeded with grass. I I I I I I I I I 1 I 1 I 1 890424 E-4 I EXHIBIT E Ifa united States\1/4@, Sal 9595 Nelson Road, Box D Department of Conservation Longmont, CO 80501 Agriculture Service February 10, 1989 776-4034 I I Mr. Ron Allingham Tuttle, Applegate, Rindahl, Inc. 11990 Grant Street, Suite 410 IDenver, CO 80233 Dear Mr. Allingham: IBased on the soils which are present on the proposed mining site, I have developed the following seeding recommendation: ISpecies t of Mix *PLS/Ib/ac Lbs/ac Switchgrass 25 x 4.5 1.13 Western wheatgrass 30 x 16.0 4.8 IAlkalai sacaton 45 x 1.5 .7 *Pure Live Seed IThe above seeding rates assume that a drill will be used for seeding. If a broadcast method is planned, the seeding rates should be doubled. Seeding should be completed between November 1 and April 30. IIn order to ensure a successful planting, some type of mulch or temporary cover crop should be used. Soil Conservation Service I uses a sorghum cover crop planted in June with grass being drilled directly into the sorghum in November. However, a straw mulch can be effective if weed seeds are not present. I Soils should be tested for primary nutrients nitrogen, phosphorous, and potassium, and fertilizer applied accordingly. I. Sincerely, IDave Harris Soil Conservationist IDH:rah 4 I 890424 1 1 1 EXHIBIT G WATER INFORMATION 1 The proposed mining operation at Distel Farm is expected to have an impact on the surface and groundwater system in the area. This impact has been studied and mitigation measures are proposed that will not cause material damage to any property owners or water rights owners. The Distel Farm is located below the City of Longmont along St. Vrain Creek. The proposed pit will be located off-channel from the creek. The mining area will be de-watered and operated as a dry mine. A pump will be installed in the pit and all ' groundwater and surface drainage will be discharged to a wasteway connected to St. Vrain Creek. Surface Drainaot The area surrounding the proposed mine is predominately agricultural in nature. Property along St. Vrain Creek is a 1 mixture of woodlands, wetlands, oxbows and active farmland. St. Vrain Creek drains approximately 430 square miles of land upstream. The width of the stream channel ranges from 50 to 100 ' feet. A Flood Insurance Study was published for the City of Longmont in September, 1987 which included St.Vrain Creek. Table G-1 summarizes peak flood flows for varying return periods. TABLE G-1 St. Vrain Creek Peak Flood Flows Return Period pischarye (cfs) Ten Year 5,350 Fifty Year 12,120 One Hundred Year 16,520 Five Hundred Year 40,080 ' A portion of the property lies within the 100 hundred year floodplain as shown on Exhibit C. It should be noted the proposed location of the plant site lies outside the floodplain. ' This will eliminate stockpile erosion during a major flood. Any erosion that would occur from localized surface drainage would be contained in the ponds created by mining and would not enter the creek. 1 890424 G-1 I 1 Groundwater The proposed mining operation will intercept alluvial groundwater. The groundwater table varies in depth from 0 feet to 6 feet below the surface. The reclamation plan will leave an open body of water which will impact surrounding water right owners. Impacts due to mining will come from four sources (1) moisture loss in material hauled from the site, (2) wash waters ' used to process sand and gravel, (3) water used for dust control of material, and (4) lake evaporation from removing material and leaving a new body of water. The amount of water consumed from each of these operations is estimated to be as follows. Moisture Loss in Material The proposed operation is expected to process approximately 200,000 tons of sand and gravel per year. The average moisture content of this material at time of shipment is expected to be 4%. This number is based on field data collected by the City and County of Denver on some of their stockpiles. This moisture content would be equivalent to 5. 9 acre-feet per year. ' Wash Water Washing operations will require approximately 1500 gallons per minute. The annual consumption of wash water also includes losses associated with recycling through a three cell sediment pond. Total consumption would be 0.7 acre-feet per year. Dust Control Dust control will require watering existing haul roads at specified intervals.. The amount will vary depending on time of year and existing weather conditions. There is approximately 1,800 feet of unpaved haul road on the property. Haul roads will ' be watered between May to September (five months) . The average application is expected to be 6,700 gallons with a minimum of three applications being made for 80 days. This would amount to 1,608,000 gallons of water per year or 4. 94 acre-feet per year. I 1 1 890424 G-2 1 I lake Evaporation The mining operation will create an open water body with 78.6 acres of surface area. This amount could be reduced by backfilling some of the lake areas with overburden and water ' material from the mining operation. The average annual evaporation from a shallow lake is 35 inches based on NWS Technical Report 33. A NOAA report, technical Paper 37 shows Class A pan evaporation with a 0.7 pan coefficient to be 31. 5 inches. A third source of pan evaporation data from NWS showed Class A pan evaporation to be 30 inches. Using an average of the three sources, the annual average evaporation is estimated to be 1 32 inches. A credit of 9. 5 inches is given for effective precipitation on the area. In addition, a credit for historic consumptive use of plant life on the property before it was mined 1 is also given. In this case, the amount credited after precipitation is removed is 14. 5 inches per year based on the crops (alfalfa and corn) that were grown on the farm. Assuming full credit for crop usage, this would leave a deficit of 8 inches evaporation to be made up by the operator. Eight inches per year would be equivalent to 52.4 acre-feet per year. A summary of the consumptive uses associated with the mining operation are as follows' ' Moisture losses 5. 9 acre-feet Wash Water 0.7 acre-feet Dust Control 4.9 acre-feet Lake Evaporation 52.4 acje fleet TOTAL ANNUAL WATER CONSUMPTION 63.9 acre-feet I The method of dry mining will cause a slight drop of the groundwater table in the immediate vicinity of pit. This typically reduces to less than 1 foot at a distance of approximately 500 feet. The proposed mining operation is located ' between St. Vrain Creek and Boulder Creek which both serve as a hydrologic barrier. The wells and surface water rights located in the area are not expected to be impacted by this mining operation. Although total consumptive use during the year is expected to be 63.9 acre-feet, the amount of water that must be replaced will be less. Table G-1 shows typical monthly consumption based on sales of material over a year. Some material is processed and moved during winter months when there is no call in the river. The 1 operator will propose to replace only water that protects senior water right owners. These rights will typcially be calling the river during the summer months from June through September. 1 ' G-3 890424 1 Based on that assumption, 39. 5 acre-feet of water would be replaced. An augmentation plan will be filed with the State Engineer for approval in water court. The approved plan will be proof that no senior water right onwera will be damaged by the proposed mining operation. As shown on Figure G, there are several wells located near the proposed gravel pit. A study area of one mile in radius was selected to locate water rights. Water rights located on opposite sides of Boulder Creek or St. Vrain Creek are not shown because the creeks form a hydrologic boundary. The wells shown appear to be far enough from the pit that the drawdown influenced from dewatering the pit will not materially damage them. Water Rights The C & H Companies currently holds water rights for the Coffin and Davis Ditch. This ditch has diversion rights on Dry Creek, a 1 tributary of St. Vrain Creek. This ditch has an appropriation date of June 1, 1866 and was adjudicated by the Water Court on June 2, 1882. The ditch currently serves three property owners, the Distel farm being one of them. The total diversion allowed is 17.3 cfs with 30.9% of the diversion right belonging to the Distel Farm. There are only three years of diversion records available for the Coffin and Davis Ditch. These records are for water years 1985, 1986 and 1987. The average annual diversion for the three years of record was 658 acre-feet. A comparison of diversion records to annual basin yield was performed. The results of this estimate showed a long term diversion yield of 614 acre-feet. Based on irrigable acreage, this gave approximately 1.90 acre- feet per acre. The consumptive use for irrigation water in this general area is 50% of the total diversion. This would yield 0.95 acre-feet per acre of irrigated land. There are 104 acres of land irrigated by the Distel Farm with this ditch. Therefore, a total of 98.8 acre-feet of water. would be available for use on the project. A comparison of the amount available to the projected demands shows that there will be adequate supplies if the above assumptions are correct. 1 1 G-4 1 890424 1 41 n I Is .41■ W H �- ,R � 1 r rr .• r:.. 4N < S.,.... 1 ev O �� Q tJ a I t . _ / ^` .C r f y a q 11tH y r �. 5 t0 t-$ � o I 1 . I ( 1411 III I Gr • I I' \ .3 J �,,� 141 x r ~ ' .... a «. �M 1 .:. o - •tiI WI . 1 : :/Ill/ '5.:.V.P.di •"/ • ,li ri--„. .i , ' 1\\ ,I ri__. r, ... 0 HrIA MN, se + ti a• ��z f frt , f Si 4 � �}aa ,•i' . , Ng.t.--.----- ' 14 ,1"\ G y/�\� • \ 'ry+ w�_ tip , I4 m e J 1 , art r7 a+n � . , N _, << } �, \ a - ,Ju: JQ( '��1 _� '' I. � I � f 9� ` I r)/ '� p[> 7W V[• La O Q i. (� iS1 .� nir `,'tip +�+PE `A�:' '�. 1 phased Consumation 1 Although the total demand for water will be 63.9 acre-feet, this demand will not be realized until the project is completed. 1 Since the mining operation will be done using dry mining techniques, evaporative losses will not be replaced until the pit is reclaimed and allowed to refill with groundwater. In addition, the operator will reserve the right to refill mined areas with overburden and topsoil to reduce the total amount of acreage under water. This would also reduce the augmentation obligation to the property. 1 WPDES Permit and Water Quality 1 The proposed operation will directly discharge to the St. Vrain Creek. This will require a discharge permit through the Colorado Department of Health. The operator will apply and obtain said permit prior to beginning operation of the pit. 1 All wash waters that will be used in the processing portion of the project will be recycled and will not be discharged to the 1 stream. The only water discharged will be alluvial groundwater from the de-watering of the pit. 1 1 1 1 ` 1 1 1 1 G-5 1 590424 1 I I i r ! w a r or i a as we r ryes a +• w a a. r• w a r w a. us ✓ a OM w i r • a a rh ! ! ! ! N • 1 a w a ! N w a _ ✓ a _ a w w M r us a w A a I en a r w! • N w a i a. " N _ i a w i : : : i w w n w CO I au ea a !la aI al ✓ rM __rN !• _ ms _ a as a v me - la r a r ✓ au a _ a i la ✓ a r .r w N ! ! r w ! ! r ain a a a a▪ a a ! r a a - - a me - as i was • s�▪ _ _ _ • = um MP S or R — ` i � _ _ au aas N a - _ a 1 - a .•q r a. w a a a a r - a - > s ••• aa• • as i _a ^__ =__ a -_�_ �_ _-__ =_ � = - _ __ u. a- __a - ____a _=__ a -a us r a - - Was .r. M — i v. - r w a — Y �... ►Y M am _ w a r ' a - a a a r ei. imms i y a a N — n•1 ` - a r a r a J a us r V r _ la bul a - • - a. - • - r r —▪ — - ! r • a w N F• am a w ! ti H Y Y r N � r r r w i 890424 1 I I 1 EXHIBIT H WILDLIFE INFORMATION 4 The Distal Farm property borders St. Vrain Creek which provides lowland riparian habitat and also functions as a wildlife migration corridor. L The Colorado Division of Wildlife has provided a report of wildlife on the property which is attached. I 1 e I I I 1 I e I 1 I 0-1 890424 EXHIBIT H 1 MINED LAND WILDLIFE QUESTIONNAIRE for limited impact and select regular mine applications 1. Name of Company/Mine. C & M Companies: Distel Farm 2. Name/Address/Phone of Contact Person. Bob Allen: 7916 Niwot Road F. 0. Box 490: Niwot, Colorado 80544: 443-1099 3. Location of Mines See attached Exhibit A & Exhibit B 1 (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl. ) 4. Nearest Town/General Location: Longmont - 2 miles west of site 1 5. Land Ownership (Circle) .Private,2.BLM 3.USFS 4.0ther 6. Present Land Use. Agricultural - 7. Proposed Final Land Use.Agricultural 8. Type of Operation.C 1._ Surface 2. Underground 9. Minerals being mined, Gravel and $nd 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) .95 Acres disturbed (78.6 Acres mined, 16 .4 Acres haul, stockpile, plant) 11. Miles of roads to be constructed.ill mile I12. Life of Mine (years) . 10 years 13. Description of Operation and Reclamation--Additional sheets may be attached (Exhibits B & E-MLR) . Mining to begin in Phase X (NE corner. Site) . Tspsoil will be stoc)cpiled in setlt )t area. overburden will be removed tjom initial minim. area and moved out of floodplain for storage, Resource will be loaded onto a c4fveror which will carry resource from thej ea being actively mined to the plant site. After one phase is finjf td tieing mined. ..that phase will have reclamation begin. _i.e. grading, topsoiling. seeding of shoreline area. This reclamation will Occur when mining is continuing Jan the next phase. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C. ) This will expedite processing. Your ' cooperation is appreciated. + 15. Prepared by. A _1Lc�ys, Date. ;la 41 -01 890424 1. • MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) EXHIBIT H Ifor limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: IC & M Companies - Distel Farms - SE 1/4 SW 1/4, and the SW 1/2 SE 1/4, Sec. 8 T2N, R68W. Name/Type and Location of Mine (Le 1 1 less the S 1/2 of the SE 1/4 SW 1/4 SE 1/4. and N1)/2 NW 1/4 NE 1/4 NW 1/4, Sec 17, T2N, R68W Wildlife Species list: Weld County Deer, pheasant, rabbits, muskrat, beaver, opossum, dove waterfowl, raptors, magpie, numerous small rodents and seasonal songbirds. IEndangered/critical species/impacted: •i Bald Eagles forage in this area during winter months. ICritical habitats/vegetative communities impacted: N/A 1 • . IAssessment of impact: A major portion of this area is wet meadow, which should be restored as nearly as possible. I IMine Reclamation recommendations (include key species/habitats for which restoration Iis designed). A detailed reclamation plan for this project has not been recieved by this office. However, since much of this area is wet it is strongly recommended that the native grasses be Used on drier areas as well as native Cootonwood and shrubs such as ribes I or skunkbush I 14,a) 4.1//s/6y 1 1 • I 890424 1 I 1 EXNISXT I SOILS INFORMATION The following soils information was obtained form the SCS for this specific property. I 1 1 I 1 1 1 1 I 1 1 i 1 890424 I-1 EXHIBIT I : 6 42 . . 26 64I I 03 '/611\ 39 • 10 • 15 10 , + I 15 4 3 f / tir- C 62 COLO. HWY. 119 iJ *•,� • } . , R68W 6 •�ao. r' : 4 w82 ." sit 83 , a,:• 62 83 ` l + • 13 !I r• (. t .. ` 11 32 't 53 �e� 3 .. i .:!�j ! I 3T 1 I Sl• 1" 13 8 ti ,3 }7'n tQ i �. }• �, • '�i� •.yto.- _ dr. 'I 9 3.., PROJECT SITE 47 1 I • ' •*t*. i ...;* ••= , 1 T ..0. /... , rM w_. 16 46 .:i a .11 • r • * iJ3 T2N •. 76 ' 18i. � J R` •.-WELD COUNTY ROAD 1 " r t ` I My y.. ♦\ �� A • ._1t �np� t n, Y • - .: " a, 57 ; 450 JJ i •• : •,Y: het •. , 1: • 4 • rimeY nr--� 3 Y.. n' Cl-t. i • I SOILS MAP 2 -N- i ` SCALE 1:24,0001 nth. TUTTLE APPLECATE RINOAHL INC, c.a,Jl.•a r..t. . w *. LI I. .R. INO 11990 Grant Street, Suite 410 Denver,Colorado 80233 (303)452-6611 890424 II I EXHIBIT I I I4—Aquolls and Aquepts, flooded. This nearly level 3—Aquolls and Aquenta, gravelly substratum. This map unit is in depressions in smooth plains and along the I nearly level map unit is on bottom lands and flood plains bottoms of natural drainageways throughout the survey of all the major streams in the survey area. Aquolle, area. Aquolls, which have a dark colored surface layer, which have a dark colored surface layer, make up about make up about 55 percent of the unit. Aquepts, which 60 percent of the unit. Aquepts, which have a lighter have a lighter colored surface layer, make up about 25 I colored surface layer,make up about 35 percent About 6 percent About 20 percent is soils that are well drained percent is Aquepts and Bankard sandy loam. and soils that have sandstone or shale within 48 inches of These are deep, poorly drained soils that formed in the surface. recent alluvium. No one pedon is typical. Commonly the These are deep, poorly drained soils that formed in I soils have a mottled, mildly alkaline to moderately al- recent alluvium. No one pedon is typical. Commonly the kaline loamy or clayey surface layer and underlying soils have a mottled, mildly to moderately alkaline loamy material and are underlain by sand or sand and gravel or clayey surface layer and underlying material that ex- I within 48 inches. In places they have a gleyed layer in the tends to a depth of 60 inches or more. In places they have underlying material a gleyed layer in the underlying material. Most of the acreage is subject to flooding. The water Most of the acreage is subject to excessive runoff.The table is at or near the surface early in spring and recedes water table is at or near the surface in spring and during I Was deep as 48 inches late i fall in some years. the peak of the irrigation season. These soils are used for rangeland and wildlife habitat These soils are used for rangeland and wildlife habitat Some small areas have been reclaimed by major drainage Some small areas are irrigated pasture. and leveling and are used for irrigated crops. The potential native vegetation is dominated by I The potential native vegetation is dominated by alkali switchgrass, prairie cordgrass, saltgraas, alkali neaten, sacaton, switchgrass, and western wheatgrass. Saltgrass, big bluestem, indiangrasa, western wheatgrass, slender sedge, rush, and alkali bluegrass are also prominent wheatgrass, sedge, and rush. Cattails and bullrush grow I Potential production ranges from 3,000 pounds per acre in in the swampy spots associated with these range sites. favorable years to 2,000 pounds in unfavorable years. As Potential production ranges from 4,000 pounds per acre in range condition deteriorates, the switchgrass, alkali favorable years to 3,000 pounds in unfavorable years. As sacaton, and western wheatgrass decrease and saltgrass, range condition deteriorates, the tall and mid grasses I sedge,and rush increase. decrease,production drops,and saltgrass,sedge,and rush Management of vegetation should be based on taking increase.The farming and irrigation in adjacent areas has half and leaving half of the total annual production. Seed- increased the amount of salts on much of the acreage. l ing is difficult and costly because numerous tillage prac- Management of vegetation on this soil should be based time are required to eliminate the saltgrass sod. on taking half and leaving half of the total annual produc- Switchgrass, western wheatgrass, alkali sacaton, tall tion. Switchgrass, big bluestem, indiangrass, western wheatgrass, and tall fescue are suitable for seeding.They wheatgrass, pubescent wheatgrass, intermediate wheat- I can be seeded into a clean, firm seedbed. Seedbed grass, tall wheatgrass, and tall fescue are suitable for preparation usually requires more than 1 year to seeding. The plants selected should met the seasonal eliminate the saltgrass sod. A gram drill should be used. requirements of livestock. For successful seeding, a firm I Seeding early in spring has proven most successful. prepared seedbed is needed.A grass drill should be used. Wetland wildlife, especially waterfowl, utilize this unit. Seeding early in spring has proven most successful Til- The wetland plants provide nesting and protective cover, lege is needed to eliminate the undesirable vegetation. as well as some food. The nearby irrigated cropland, Wetland wildlife, especially waterfowl, utilize this unit. I where wildlife obtain much of their food and find protec- The wetland plants provide nesting and protective cover tive cover, makes this unit valuable to both wetland and as well as some food. The nearby irrigated cropland, openland wildlife. where wildlife obtain much of their food and find protec- Openland wildlife, especially pheasant, use this unit for tive cover, makes this unit valuable to both wetland and I cover and nesting. Deer find excellent cover in some openland wildlife. areas. Openland wildlife, especially pheasant,use this unit for These valuable wildlife areas should be protected from cover and nesting. Deer find excellent cover in some I fire and fenced to prevent encroachment and overuse by areas. These valuable wildlife area should be protected livestock.They should not be drained. from fire and fenced to prevent encroachment and These soils have good potential as a source of sand and overuse by livestock. They should not be drained. Cepa- gravel.Capability subclass VIw;Salt Meadow range site. Why subclass VIw; Aquolls in Salt Meadow range site, IAquepts in Wet Meadow range site. • I 890424 I EXHIBIT I 76—Vona sandy loam, 1 to 3 percent slopes. This is a In irrigated areas this soil is suited to the crops corn- deep, well drained soil on plains and high terraces at monly grown in the area. Perennial grasses and alfalfa or Ielevations of 4.600 to 5,200 feet It formed in eolian and close grown crops should be grown at least 50 percent of alluvial deposits. Included in mapping are some leveled the time. Contour ditches and corrugations can be used in areas. Also included are small areas of soils that have a irrigating close grown crops and pasture. Furrows, con- , loamy substratum and areas of soils that are noncalcare- tour furrows,and cross slope furrows are suitable for row ous to a depth of 60 inches. crops. Sprinkler irrigation is also desirable. Keeping til- Typically the surface layer of this Vona soil is grayish lage to a minimum and utilizing crop residue help to con- ' brown sandy loam about 10 inches thick The subsoil is trol erosion. Maintaining fertility is important. Crops brown fine sandy loam about 18 inches thick. The sub- respond to applications of phosphorus and nitrogen. stratum to a depth of 60 inches is sandy loam. In nonirrigated areas this soil is suited to winter wheat, Permeability is moderately rapid. Available water barley, and sorghum. Most of the acreage is planted to 1 capacity is moderate. The effective rooting depth is 60 winter wheat The predicted average yield is 28 bushels inches or more. Surface runoff is slow, and the erosion per acre. The soil is summer followed in alternate years hazard is low. to allow moisture accumulation. Generally precipitation is In irrigated areas this soil is suited to all crops com- too low to make beneficial use of fertilizer. Imonly grown in the area, including corn, sugar beets, Mulch fanning, striperopping, and minimum tillage are beans, alfalfa, small grain, and onions. An example of a needed to control soil blowing and water erosion. Terrac- suitable cropping system is 3 to 4 years of alfalfa fol- ing also may be needed to control water erosion. lowed by corn,corn for silage, sugar beets,small grain,or The potential native vegetation on this range site is Ibeans. Land leveling, ditch lining, and installing pipelines dominated by sand bluestem, sand reedgrass, and blue are needed for proper water applications. grams. Needleandthread, switchgrasa, sideoats grams, All methods of irrigation are suitable, but furrow ir- and western wheatgrass are also prominent Potential Irigation is the most common. Barnyard manure and com- production ranges from 2,200 pounds per acre in favors- mercial fertilizer are needed for top yields. ble years deteriorates,the sand unfavorable b sand As range Windbreaks and environmental plantings are generallyreedgram, suited to this soil. Soil blowing, the principal hazard in and switchgrass decrease and blue grams, sand dropseed, establishing trees and shrubs, can be controlled by cul- and sand sage increase. Annual weeds and grasses invade tivating only in the tree row and by leaving a strip of the site as range condition becomes poorer. vegetation between the rows. Supplemental irrigation Management of vegetation on this soil should be based may be necessary at the time of planting and during dry on taking half and leaving half of the total annual produc- Iperiods. Trees that are best suited and have good survival lion. Seeding is desirable if range is in poor condition. are Rocky Mountain juniper, eastern redcedar, ponderosa Sand bluestem, sand reedgrasa, switchgrass, sideoats pine. Siberian elm, Russian-olive, and hackberry. The rams, blue grams, pubescent wheatgrass, and crested shrubs best suited are skunkbush sumac,lilac,and Siberi- wheatgrass are suitable for seeding. The grass selected an peashrub. should meet the seasonal requirements of livestock. It can Wildlife is an important secondary use of this soil. The be seeded into a clean, firm sorghum stubble,or it can be cropland areas provide favorable habitat for ring-necked drilled into:tannin Linn Prepared seedbed. Seeding early in Ipheasant and mourning dove. Many nongame species can spring has proven most aucceastuL be attracted by establishing areas for nesting and escape Windbreaks and environmental plantings generally are cover. For pheasants, undisturbed nesting cover is essen- suited to this soil• Soil blowing, the principal hazard in tial and should be included in plans for habitat develop- establishing trees and shrubs, an be controlled by cul- Iment, especially in areas of intensive agriculture. Range- tivating only in the tree row and by leaving a strip of land wildlife,for example, the pronghorn antelope,can be vegetation between the rows. Supplemental irrigation attracted by developing livestock watering facilities, may be needed at the time of planting and during dry managing livestock grazing,and reseeding where needed. periods.Trees that are best suited and have good survival This soil has good potential for urban and recreational are Rocky Mountain juniper, eastern redcedar,ponderosa development Lawns, shrubs, and trees grow well. The Pine, Siberian elm. Russianolive, and hackberry. The only limiting feature is the rapid permeability in the sub- shrubs best suited are skunkbush sumac, lilac and Siberi- 1 stratum, which causes a hazard of ground water con- an peashrub. Lamination from sewage lagoons. Capability subclass IIe Wildlife is an important secondary use of this soil. The irrigated; IVe nonirrigated; Sandy Plains range site. cropland areas provide favorable habitat for ring-necked 77—Vona sandy loam, 3 to 5 percent slopes. This is a pheasant and mourning dove. Many nongame species can Ideep, well drained soil on plains at elevations of 4,600 to be attracted by establishing areas for nesting and escape $200 feet. It formed in eolian deposits. Included in cover. For pheasants. undisturbed nesting cover is essen- mapping are small areas of Wile that have a loamy sub- tial and should be included in plans for habitat develop- stratum and areas of soils that are noncalcareous to a ment, especially in areas of intensive agriculture. Range► depth of 60 inches.. land wildlife, for example,the pronghorn antelope,can be Typically the surface layer of this Vona soil is grayish attracted by developing livestock watering facilities, brown sandy loam about 8 inches thick. The subsoil is managing livestock grazing,and reseeding where needed. ' brown fine sandy loam about 15 inches thick. The sub- This soil has good potential for urban and recreational stratum to a depth of 60 inches is sandy loam. development. Lawns, shrubs, and trees grow well The Permeability is moderately rapid. Available water only limiting feature is the rapid permeability in the sub- capacity is moderate. The effective rooting depth is 60 stratum, which causes a hazard of ground water eon- Iinches or more. Surface runoff is medium,and the erosion Lamination from sewage lagoons. Capability subclass Ills hazard is low. irrigated,Vie nonirrigated;Sandy Plains range sit89O42 I EXHIBIT I I 10—Bankard sandy loam, 0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood plains at elevations of 4,450 to 5,000 feet. It formed in I stratified recent alluvium along streams and rivers. In- cluded in mapping are numerous sand and gravel bars and small areas of noncalcareous soils. Typically the surface layer of this !tankard soil is I brown sandy loam about 4 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous 75—Vona sandy loam,0 to I percent slopes.This is a sand stratified with thin lenses of sandy loam, loam, and deep, well drained soil on high terraces at elevations of fine gravel. 4,650 to 4,950 feet. It formed in alluvial deposits. Included Permeability is moderately rapid. Available water in mapping are some leveled areas and small areas of capacity is low.The effective rooting depth is 60 inches or soils that have a loamy substratum. more. Surface runoff is slow, and the erosion hazard is Typically the surface layer of this Vona soil is grayish low• brown sandy loam about 10 inches thick. The subsoil is This soil is suited to limited cropping. It is sandy and brown fine sandy loam about 20 inches thick. The sub- subject to flooding. Pasture is the best use. Tall wheat- stratum to a depth of 60 inches is sandy loam. grass, tall fescue,and annual sweetclover are some of the Permeability is moderately rapid. Available water I most suitable crops. Light, frequent irrigation by furrows capacity is moderate. The effective rooting depth is 60 and flooding is best. Commercial fertilizer improves the inches or more. Surface runoff is slow, and the erosion amount and value of forage produced. hazard is low. The potential native vegetation is dominated by This soil is used almost entirely for irrigated crops. It I switchgrass, indiangrass, sand bluestem, sand reedgrw iii suited to all crops commonly grown in the area,includ- aideoate grams needleandthread, and blue grams. Much ug corn, sugar beets, beans, alfalfa (Sg. 7), small grain. of this range site includes other soils and vegetation in potatoes, and onions. An example of a suitable cropping such a complex pattern that it is difficult to map them system is 3 to 4 years of alfalfa followed by corn,corn for I separately. Potential production ranges from 2,500 pounds silage, sugar beets, small grain, or beans. The rapidly per acre in favorable years to 1,500 pounds in unfavorable permeable substratum slightly restricts some crape. years. As range condition deteriorates, the tall and mid All methods of irrigation are suitable, but furrow ir- I grasses decrease; blue grama, sand dropseed, and forbe increase; and forage production drops. Undesirable weeds rigatii u the most common. Proper irrigation manage- ment is essential.Barnyard manure and commercial fertil- and annuals invade the site ae range condition becomes izer are needed for top yields. poorer. Windbreaks and environmental plantings are generally I halfM and leavinntg of halfvegetationhe should be based d ioo takingd- suited to this soil. Soil blowing, the principal hazard in and leaving of the total annualenough production.t interseedSe or establishing trees and shrubs, can be controlled by eul- ing ude�irable only in areas large to or to prepare a seedbed. Switchgrass, sand bluestem, sand tivating only in the tree row and by leaving a strip of I reedgrass,sideoats gums,little bluestem,blue grams,pu- vegetation between the rows. Supplemental irrigation Descent wheatgrass, and intermediate wheatgrass are may be necessary at the time of planting and during the suitable for seeding. This soil can be seeded by using an dry periods. Trees that are best suited and have good interseeder or a firm,clean sorghum stubble.A grass drill survival are Rocky Mountain juniper, eastern redcedar, I is required. Seeding early in spring has proven mort sue- ponderosa pine, Siberian elm, Russian-olive, and hackber- cessful ry.The shrubs best suited are skunkbush sumac, lilac,and This soil is generally not suited to the establishment Siberian peashrub. Iand growth of trees and shrubs. Onsite investigation is Wildlife is an important secondary use of this eorl needed to determine feasibility and possible tree and Ring-necked pheasant, mourning dove, and many non- shrub species, game species can be attracted by establishing areas for Wildlife is an important secondary use of this soil.The nesting and escape cover. For pheasants, undisturbed I cropland areas provide favorable habitat for ring-necked nesting cover is essential and should be included in plans pheasant and mourning dove. Many nongame species can for habitat development, especially in areas of intensive be attracted by establishing areas for nesting and escape agriculture. cover. For pheasants, undisturbed nesting cover is ewes- This soil has good potential for urban and recreational I tial and should be included in plans for habitat develop- development Lawns, shrubs, and trees grow well The ment, especially in areas of intensive agriculture. Range- only limiting feature is the rapid permeability in the sub- land wildlife, for example, deer and antelope, can be at- stratum, which causes a hazard of ground water con- I tracted by managing livestock grazing and reseeding tamination from sewage lagoons. Capability subclass Its where needed. irrigated. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass'. I IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. • I 890424 1 1 1 1 EXHIBIT J VEGETATION Existing vegetation cover on the property consists of two distinct varieties. Lowland areas along St. Vrain Creek have plant cover consistent with that found in a floodplain such as cottonwoods, cattails, bull rushes and other wetlands plant species. These varieties are found in the oxbows of the river. As shown on the mining plan, heavily wooded areas are not disturbed by mining. Some isolated trees will be removed from the mining area and will not be replaced. It is expected that natural succession will replace any of the woody species removed by mining. The remainder of the property is active farmland with the primary crops being corn and alfalfa. Reclamation will not replace any of the croplands. Reclaimed shorelines will be suitable for grazing and will be replanted with grass species to support livestock. 1 1 1 1 1 1 1 1 890424 J-1 II EXHIBIT K I . I CLIMATOLOGY REPORT NO. 77-1 . I • 1 LC,. , 5AOtij 2csc CS 57:6 4 COLORADO CLIMATOLOGY OFFICE COLCRAOO STATE UIIVERSIT'Y FT. COU.UJS. CO. 0052S TEMPERATURE ( FJ PRECIPITATIOIJ (I:ICICS; r,: C.'Acts - cA'.4: 7 0A4$ sm.. S.CL7 e, '4-7 :0.i.lb ` _ - e5 . - NC r -,,. �l CV' 1.- -,,y. yR9 �I��jf �Y ays ��a{ Sfa y ,J ,.J s PS s �}�Jj Lm �4v zi .2 ii V o `J O P.4 :Yg Ng .g g MO Y Y B6 4 _ 4 . 5 .+. 42.5:2.2 27.4 7:. :935:5 -34. 1463 :3 C.0 6.0 30.4 5.3 .34 .52 1062`9 5.4 12. 1462 10 1.5 .1 C.: !a 44.2 16.5 31.4 76, 1654 0 -34. 1051 1 0.0 4.4 27.4 2.6 .43 .79 7057 29 6.5 9. 1054 0 1.6 Mae 5:.: 2:.4 35.7 0C. 1467 30 -70. 146: 3 C.0 3.529.3 1.4 .06 1.45 1052 27 It.3 IA. t052 2: 3.1 .2 C.C I 4.9 41.3 32.0 44.7 94. 146: 22 -6. TOSS IC 0.0 .7 11.6 .1 7.26 2.70 794T f9 4.2 14, 7057 3 1.3 .4 .7 ?AT 7:.0 42,6 57.2 04. 1460 29 24. :462 7 1.0 0.0 7,0 0.0 2.51 4.04 1057 0 .2 1. 1057 16 3.1 1.2 .6 'd: 9t.4 44.0 65.4 105. 1061 2A 52. 1057 7 7.0 0.0 C.0 0.0 7.76 1.00 1063 16 0.0 0, 0 0 1.5 1.2 .1 ' 69.5 55.4 72.: 105. :034 12 4:. 1052 0 15.5 0.C C.C 0.0 1.19 1.25 101.4'15 0.0 0. 0 0 3.4 .5 .7 A,0 94.3 53.5 60.0 t::, 1060 0 19. :461 29 :O.I 0.0 C.C 0.0 1.12 1.71 1931 3 0.0 0. 0 0 3.0 .4 .1 II 44. '9.• 14.0 61.: 00. 1040 1 20. 16652A 3.0 3.0 .9 0.0 7.76 7.11 1010 22 .1 2. 1050 20 2.9 .0 .3 0:7 47.7 33.3 5:.3 00. :467 4 •. 704075 C.C .5 11.2 7.0 .401.40 1460 A 1.0 11, 104412 2.5 .2 52.2I22.2 37.2 77. 1052 5 -14. 105227 0.0 2.0 29.0 .4 .52 .47 1065 26 4.7 9. 105420 1.9 0.0 0.0 III :2: 44.011+115.5 20.2 73. 1053 24 -15: 1054 21 „C 5.2 30.4 2.5 .55 .53 1060 4 4.5i 6. 1050 73 7.3 .1 0.0 4'4:.3 64.2133,2 19.- 37. 24. 174. 73. 12,6 ^ 59. 51. 6. 2. 11 - l '1 PRECIPITATION NIT'. PW04A41L17Y COUAL OR LCS5 [MAN q !, 61412: ,IAN !ER MAN 461 NAY ,111N .Ill 61!0 5!! OCT N0. 000 ANNUAL 77 88 0 . b .00 ,•7!y .29)) 711 .77 0.0990 0 .717• 0.00 6 +.S ' .20 a a' 0.80 .41 :1n n0 .7(, •44 :4] :75 .21 :77 .04 pp q:4h • 0 .l• 4♦ .5• .45 3.•S ,v4 60 .06 .•2 .34 : .•i7 10.16 •40 .]J .17 •47 .44 1,1 Iv .7Y ..] .6 .49 i' .71 1h77 ▪50 .79 .]tl 0 .O1 .113 1�aq •9A N9 b •b7 .47 ,79 7.70 6 J .45 O .IS 7.54 1:77 1.16 7.1! 0 b9 .S. as J.lv :74 .4 SS 17 i.,1 ) Ov 2,15 .. 7 7 .n] 4, . Z. ! 3,47 #,44 )1:0D .4J .. 1.yb .74 S S At: ill :On �,S.Y :kb ,e.], 2.'9 5,00 1.47 S,)a �,OS ,55 1,21 .v7 13 7, .7 .95 ,65 1.0. 2.2• 3.77 ♦.13 •.ZS 1,95 2.46 3.41 2.96 I,09 .91 9.75 fig:" 1.94 2.46 4.00 1.44 I.17 1.90 1.72 7.59 1.14 .97 3,0) 1.1] 10.01 9(74 19 20 d0 1.24 1.)S .41 .40 .a 1.0 D .111 7 .25 0 :05 .t0 0.00 4.00 9,00 0.00 9,06 0.00 .05 I:O0 9.99 :0S 6.00 I 4glt0 4.4.06 nTS7HI.,,71n' 17YTtn TD Oat& ALP.A. WAY• PAP4..TL- "LTA. SU`! 1R. 0. 1.0. M n,17.S MAV:'.•, 7t4n P.Ft(I KATE./70n4 N0. U! YONTNS P0014Y ntCIPCt6TI0.. a1goNYS CPI: 1N(,16ATLY a7 7-• .50 P60.•AOILIT7 Lrvct le m 890424 1 EXHIBIT L SUMMARY OF RECLAMATION COSTS tMajor Disturbance $21,225.00 Moderate Disturbance $15,312. 50 Minor Disturbance S 250.00 TOTAL RECLAMATION COST $36,787. 50 Proposed Reclamation Bond $36,800.00 ' Bonded Cost Per Acre $ 1,363.00 • 1 i 1 1 1 890424 L-1 I IEXHIBIT L C & M Sand and Gravel Company MAJOR DISTURBANCE Distel Farms Pit Tuttle Applegate Rindahl Weld County, Colorado 17-Feb-89 RECLAMATION COSTS I3f=a a a=a a a as =®a®PFa a av=aaa as as a at=San aaaasaaa =flaaaan=seaasat as a= ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE I aY asaS®b=n a a as =aaF==a a a a a====,===a a as aaaaaflaas am a a a=4a a a at=a a===.=ata 1 Backfill Shoreline Overburden C. Y. 13,400 $1.00 $1 :,400.00 I2 Backfill Shoreline Topsoil C.Y. 2,600 $1.00 $2,600.00 IC Redistribute Topsoil to Strip C.Y. 1,700 $1 .00 $1,700.00 4 Scarify Compacted Areas ACRE 1.0 $725.00 $725.00 I5 Seed, Fertilize, Mulch ACRE 5.6 $500.00 $2,,800.00 aaa ==acaOaaoCS===.==============ft======.==oaaaa====fleaaa=wcaac==s=aes= ITOTAL $21,225.00 I NOTES/DESCRIPTIONS: Beckfill Shoreline Overburden 1.6 Acres (of 8.0 Acres Mining Major Disturbance) a 41. 1' slope distance x I 1,700 feet proposed shoreline w/ 13' ave. pit depth x 3: 1 side slope (212.4 sf cross-section area) IBackfill Shoreline Topsoil 1.6 Acres (of 8.0 Acres Mining Major Disturbance) a 41. 1' slope distance x 1,700 feet proposed shoreline x I 12" topsoil depth a 3: 1 side slope (41. 1 sf cross-section area) IRedistribute Topsoil to Strip 3.0 Acres Stripped 0 12" depth Scarify Compacted Areas 1.0 Acre Topsoil Stockpiles ISeed, Fertilize, Mulch 1.6 Acres Mining, 3.0 Acres Stripped, and 1.0 Acre Topsoil Stockpiles I I I 890424 1 EXHIBIT L ' C & M Sand and Gravel Company MODERATE DISTURBANCE Distel Farms Pit Tuttle Applegate Rindahl Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ===mIOM==..MO®d®m0M=.================== =====..mammmmma =====man....== ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE •m....am=====am.was.,===.,..========= 1 Backfill Shoreline Overburden C.V. 0 $1.00 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1 .00 $0.00 ' 3 Redistribute Topsoil to Strip C.Y. 0 $1.00 $0.00 4 Scarify Compacted Areas ACRE 12.5 $725.00 $9,062.50 5 Seed, Fertilize, Mulch ACRE 12.5 $500.00 $6,250.00 =5===m====a=aaa=caa==a=====__=====a=================a=================__ tTOTAL $15,312.50 NOTES/DESCRIPTIONS: Scarify Compacted Areas 12.0 Acres Plant Site, and 0.5 Acres Office and Scale House Seed, Fertilize, Mulch 12.0 Acres Plant Site, and 0.5 Acres Office and Scale House I 1 1 890424 EXHIBIT L C &< M Sand and Gravel Company MINOR DISTURBANCE Distel Farms Pit Tuttle Applegate Rindahl Weld County. Colorado 17-Feb-89 RECLAMATION COSTS ' 1WW=WW AS==W===mar�mdmosr=tamem==...= c==mc=r..=======..=======, ma====....,====== ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE cep=see=m======== 1 Backfill Shoreline Overburden C.Y. 0 $1.00 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1 .00 $0.00 T Redistribute Topsoil to Strip C.Y. 0 $1.00 $0.00 R Scarify Compacted Areas ACRE 0.0 $725.00 $0.00 5 Seed, Fertilize, Mulch ACRE 0.5 $500.00 $250.00 ===..=============== =========w==¢===em ==q==.:= a====m=a==c== ' TOTAL $250.00 NOTES/DESCRIPTIONS: Seed, Fertilize!, Mulch Reseed 0.5 Acre • 1 1 1 1 ' 890424 r mu 1..-*Q O AVnw,r.toA Own.r.'PolGY Form 0-1070 Am•^dp10.17.70 EXHIBIT O POLICY OF TITLE INSURANCE I ISSUED BY I TRANSAMERICA TITLE INSURANCE COMPANY ISUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS I HEREOF TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Company, insures.as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the ICompany may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2.Any defect in or lien or encumbrance on such title; 3.Lack of a right of access to and from the land;or I4.Unmarketability of such title. IIN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. I I I J Transamerica Title Insurance Company avoi3/4` r`,,,v',t I N://l b. 'ireil1. President I sy .4..) :;:.. '.7mC t1rli/ el fiat '`h�,�,,..•" 890424 1 FORM NO.C-8000.1 FOR USE WITH COLORADO RE01ON AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM F IyO UMW DEO\O.17.701 I 1 1 SCHEDULE A Amount of Xnsurance$ 700,000.00 Policy No. 8015048 Date of Policy January 3, 1984 Sheet 1 of S 7:00 A.M. I 1. Name of Insured: C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation 2. The estate or interest in the had described herein and which is covered by this policy is: I IN PEE SIMPLE I 3. The estate or interest referred to herein is at Date of Policy vested in: I C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation I I I I 1 890424 1 • FORM NO.C-6000.2 PON USE WITH COLORADO REGION AMERICAN LINO TITLE ASSOCIATION LOAN POLICY (PTO (AMENDED 10.17.70) FOR VII WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM F1570 (AMENDED 10.17.70) 1 SCHEDULE A—Continued The lead referred to in this policy is situated in the State of Colorado, County of Weld . and is described as follows: The SE% of the Sw1/4; the Wh of the Swis of the SEA; the NEt of the SW1 of the SE's; and the Nh of the SEf of the SW4 of the SEt of Section 8, Township 2 North, Range 68 West of the 6th P.M. , and the Nh of the NWh of the NE1 of the NWT of Section 17, Township 2 North, Range 68 West of the 6th P.M. TOGETHER WITH a 60 foot wide non-exclusive, road and utility easement located in the N> of Section 17, Township 2 North, Range 68 West of the 6th P.M. , the centerline of which is more particularly described as follows: BEGINNING at a point on the North line of the NWT of Section 17, Township 2 North, Range 68 West, of the 6th' P.m. , which is 30 feet Westerly of the North Quarter Corner of said Section 17; thence Southerly and parallel with the Easterly line of said Nwh of Section 17, to the intersection with the centerline of a 60 foot wide, non-exclusive road and utility easement which is parallel with the Southwesterly line of the R.O.W. granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191 of the Weld County records; thence Southeasterly along said centerline of said 60 foot wide road and utility easement, and being 30 feet Southwesterly and parallel with the said Southwesterly railroad R.O.W. line to the intersection with the Northerly line of Weld County Road No. 20 and one-half. I I I I 890424 FORM NO, C.6000-fl /OR OK WITN COLORADO RR01ON AMERICAN LAND TITLR ASIOCIAttON OWNER'S POLICY-FORM 51070 (AMRNORD 10.17.70) SCHEDULE B This Policy does not insure against lose or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a coo- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by ' law and not shown by the public records. S. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service,or for any other special taxing district. I6. Right of way for said railway in width and in manner as provided by the acts of congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to George W. Coffin, recorded August 16, 1881 in Book 25 at Page 55. (Affects ShNW4 of Section 17) I 7. Right of way for said railway in width and in manner as provided by the acts of Congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to Amos J. Emmons, recorded April 22, 1885 in Book 25 at Page 62. (Affects SWhNEk of Section 17) I 8• Right of way as granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon Eh of the NWT of Section 17, Township 2 North, Range 68 West of the 6th P.M. 9. Right of way as granted to The Denver Utah and Pacific Railroad Company by A.J. Emmons by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 192, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon NE4 of Section 17, Township 2 North, Range 68 West of 'he 1 6th P.M. 10. Farmers No. 3 Reservoir, and any and all rights of way ' therefore, as evidenced by Map filed June 1, 1910 as Filing No. 156140, insofar as the same may affect subject propert90424 MORM NO, C-6000.30 FOR INK WITN COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1570 (AMENDED 10.17.7°) FOR MSC WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER%POLICY-FORM s.-1970 (AMENDED tO.t7.70) SCHEDULE B--Continued IL1- Right of way to take water from Coffin & Davis Ditch over and across Silk of SEk and SEk of SWk of Section 8, Township 2 North, Range 68 west of the 6th P.M; also the right to use the present road over, through and across the described land for egress and ingress, as granted to George R. Powell by George E. Coffin by deed recorded January 11, 1917 in Book 463 at Page 278. If2. All ores and minerals, including oil and gas within, upon or under said parcels of land with full rights to explore for and extract the same but without the right to distrub the surface ' thereof, as reserved by The Great Western Sugar Company in the Deed to Frank Distel, recorded May 24, 1968 in Book 595 as Reception No. 1516785, and any interests therein or rights thereunder. (Affects the following described property:) A parcel of land in the 5WkNEk, Section 17, Township 2 North, ' Range 68 West of the 6th P.M. , more particularly described as follows: Commencing at a point which is the center of said Section 17; thence N0°35'E 25.0 feet to the North right-of0way line of a county road, the true point of beginning; thence N0°35'E along the West line of said NEk, 250 feet, more or less, to ' the Southwesterly right-of-way line of the Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B. & M. R.R. ) ; thence S51°21'E along the said Southwesterly right-of-way line 402 feet, more or less, to the intersection of said right-of-way ' line of the Chicago, Burlington & Quincy Railroad with the North line of the county road; thence West along the North line of the county road; thence West along the North right-of-way of the county road 316 feet, more or less, to the point of beginning. Also, all that part of the SEk of the NWk of said Section 17, more particularly described as follows: Beginning at a point on the North and South centerline of said Section 17 and 25 feet North of the center of said section; thence North along said North and South centerline of said Section, 250 feet, more or less, to the point of intersection with the South- westerly right-of-way line of the Chicago, Burlington & Quincy Railroad Company; thence along said Railroad Company right-of-way N51°21'W 379.3 feet to a point; thence South along the East line of that certain tract or parcel conveyed by The Great Western Sugar Company to Melvin E. Longfellow by deed dated August 17, 1948, recorded April22, 1949 in Book 1246 at Page 96 of the Weld County ' records, a distance of 51.0 feet; thence on the same line extended South and parallel with the East line of said NWk, 164.5 feet to a point: thence Southeasterly 400 feet, more or less, to the point " , of beginning. 890424 1 • . . FORM NO. C.0000-IC • FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1570 (AMENDED 10.17.701 FOR VIE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM FIS70 (AMENDED 10.17.70) 1 SCHEDULE B—Continued ' 13. Oil and Gas Lease between Melba Grace Distel, Lessor, and Buddy Baker, Lessee, for a primary term of 5 years, dated October 26, 1979 and recorded December 3, 1979 in Book 889 as Reception Non 1810719, and any interests therein or rights thereunder, 1 14. All Oil and gas in, on and under, and that may be produced from the subject property as reserved by MELBA GRACE DISTEL in the Deed to 1 C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado corporation recorded December 30, 1983 in Book 1017 as Reception No. 1951667. 1 15. Deed of Tru.t from : C & M Ready Mix Concrete Co. of Boulder to the Public Trustee of the County of Weld for the use of : Melba Grace Distel 1 to secure = $ 500,000.00 dated : December 29, 1983 recorded : December 30, 1983 in Book 1017 as Reception No. 1951668 • 1 1 1 1 I 1 1 1 890424 • EXHIBIT 0 ' r''-'1 Meal a ' stv.0e/ X, lf44 33 Arrej LEASE AGREEMENT pp /y'47 X11003 ITHIS AGREEMENT, is made and entered into this Pitt) day of December, 1983, by and between MELBA GRACE DISTEL (hereinafter called "lessor") and ' C 6 M READY MIK•CONCRETE COMPANY (hereinafter called 'lessee"). W I T N E S S E T H : The Lessor, in consideration of the payments as provided for herein and the keeping and performance of the covenants and agreements by the Lessee, hereby leases unto the Lessee the following described real property situated in the County of Weld. State of Colorado, as follows: ' NS of the NEk of the NEk of the NUS. and SS of the NS of the NEk of the NWk, and NS of the Sy of the NES of the ink, and NW% of the NUS of the NEk. All in Section 17, Township 2 North, Range 68 West of the 6th P.M., ' Icing 35 acres, more or less To have and to hold, as provided hereinafter unto the Lessee for a term of ten (10) years plus ten (10) years, commencing on the date of execution of this agreement. • ' I. TERM. This lease shall continue in full force and effect for the initial ten (10) year term (12/29/83 to 12/28/93) and may be renewed at the option of the Lessee for an additional ten (10) year period (12/29/93 to ' 12/28/03). II. CONSIDERATION. Lessee shall pay Lessor on the date of execution 1 1 i I any gravel removed from the demised property is included as part of the yearly • lease payment. III. ySE OF DEMISED PREMISES. The demised premises shall be used by the 1 Lessee for the purpose of mining sand and gravel, processing and storage of 890424 lisand and gravel products, installation of water supply and settling ponds and other such activities related to the mining of sand and gravel, as IIdetermined necessary by the Lessee. By granting this lease, Lessor acknowledges and understand the purpose of Lessee's operation which may involve inconveniences and hazards to Lessor and/or Lessor's livestock. Lessee does not warrant or represent • I that the area under their control. as provided herein, are tree from hazards but that such hazards will be Insured and minimized and will further be limited and affected by the conditions of issuance of such mining permits IIas will be required for the conduct of its operations. Lessor agrees that during the term of this Lease, or any extended • IIterm, not to construct or allow co be contracted any permanent structure or improvement, or any temporary structure or improvement, or to engage in llany activity on the demised premises that would interfere with Lessee's use of . the demised premises for the purpose stated. II Lessee agrees that during the term of this Lease, or any extended term, that the Lessor shall be allowed to we any portion of the demised I premised that is not currently required by the Lessee for its activity provided such use is limited to raising of crops and/or grazing by livestock and such uae(s) would not represent a safety hazard as solely determined I by Lessee. • Lessee further agrees not to use that portion of the 51, NW14, Nwht, IINE4, Section 17. south of the drainage ditch, so long as that portion of the demised premises remains part of a larger crop producing field. IIIV. RECLAMATION. It is understood by the parties that the demised premises will be included in, and restored in accordance with, a reclamation plan that I will be developed as part of the mining permit approval package for Weld County and the State of Colorado. The Lessee agrees to consult with the Lessor on the specific details of the reclamation plan at the time of its development IIwith the intent of maximizing the agricultural productivity of the demised premises as a post mining use. `e to J `). I+Aer . II 44 PERMITTING. Lessee shall have the sole obligation to obtain any required permit from local, state or federal governmental authority Co conduct • Ilthe anticipated mining operations on the demised premises and Lessee shall be responsible for any and all costs associated therewith. Lessor agrees 1 to cooperate with Lessee in obtaining all such permits and shall not oppose such permit even if afforded an opportunity to do so. 1 890424 ' • v r IVI, COINCIDENTAL OSE. , Lessor shall have the right co mutual ingress and egress upon said premises and shall retain all right, title, and interest .. Itherein not specifically granted to the Lessee in this agreement, provided however, chat Lessor's concidental use of the premises shall not at any i time interfere with the mining or processing operations of the Lessee. VII. TAXES AND LIABILITY. Lessee shall pay all mortgages and taxes imposed on it or its operations, including ad valorem taxes on real or personal IIproperty assessed to it and shall promptly pay or discharge all mechanics and materialmen, any of which may result in the imposition of a lien on IIthe property leased. L hall further defend and hold and save the `lessors ii' ii.Lf,l..rw, /e 'a. s✓i..eFae errareu[I.,41,,� ✓or�' 4,1 irr.rria Ls harmless from any - essor as a ra ult o the iactivity of Lessee, including violation of conditions of any such permits or licenses or claims of damage or loss or for personal injuries or otherwise. 1 VIII. NOTICES. Any notice required or permitted to be given by the provisions hereof and all payments from one party to the other shall be ' sufficient if mailed, postage prepaid, and addressed to the other party at the following add Name Address Melba Grace Distal 1443 Weld County Road 205 Longmont, CO 80501 II C 6 M Ready Mix Concrete Company P.O. Box 315 Boulder, CO 80306 IX. ASSIGNMENT. Lessee has the right at any time during the corm of this IIagreement or any extended term to assign or sublease all or part of the • demised property with the consent of the Lessor which consent shell not be IIunreasonably withheld. X. RELEASE. Lessee may at any time execute and deliver co Lessor or II place of record a release covering all of the demised premises and hereby surrender this lease from and after the date of such release, thereby ter- minting all obligations hereunder except obligations accrued as of the date ' of the surrender. XI. SUCCESSORS. The terms and conditions of this agreement shall inure IIto and be binding upon the assigns and successors of the parties hereto. I . 89°424 . . -r I iIN WITNESS WHEREOF, the parties hereto have signed this agreement as of the date and year first above written. ILessor: MELBA GRACE DISTEL .. Lessee: IICAM Company Ready Mix Concrete Company II STATE OF COLORADO ) II SS COUNTY OF' '��j,,.) The//f�oregoing instrument was acknowledged before me this G�r1ld 1 day of {T.11[g1M , 1983 by MELBA GRACE DISTEL. WITNESS MY HAND AND OFFICIAL SEAL. IIMY COMMISSION EXPIRES: ' gnu..• i _ /j�.� / NOTARY PU C '�Ot� 'u, (SEAL) Address: �1 tAnvnont 'S'1:05s .,. a • I it 4° 'Op rse STATE OF COLORADO ) II ) SS COUNTY OF BOULDER ) The foregoing instrument was acknowledged g before me this „?/94 ' IIYf day of / ,i n.,4t' , 1983 by She/ a. ./.)54,7", on behalf of CAM Ready Mix Concrete Company. II WITNESS MY HAD AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ayffl Commission C$AU&4,li t*q / NOTARY `•'LIC C JANET R (SEAL) Address •et 1 ',�01 It' of rug 44 I I I 89O424 I / B 1017 REC 01951667 12/30/83 16;42 56.00 2/002 F 0326 MA1/4„/ANN 1tEUERSTEIN CLERK i R$sbI RDER WELD CO, CO I The SE/4 of the SW/4; the W/2 of the SW/4 of the SE/4; the I NP/4 of the SW/4 of the St/4; and the N/2 of the SE/4 of the SN/4 of the SE/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., and the N/2 Of the N14/4 of the NE/4 of the 140/4 of Section 17, Township 2 North, Range 68 Welt of the 6th P.M., Weld County, Colorado, excepting and reserving to grantor, her suc- I cessors and assigns, all oil and gas in, On, under, and that may be produced from the above-described property, it being under- stood that all other minerals, including sand and gravel, are conveyed hereby; ITogether with a 60 foot wide non-exclusive, road and utility easement, carrying with it the requirement and liability for any culvert intersecting the easement at no cost or expense to gran- I tor, located in the North One-Ralf of Section 17, T2N, R68w of the 6th P.M. , Weld County, Colorado, the centerline of which being more particularly described an follows• Beginning at a point on the North line Of the NW Quarter of I Section 17, T2N, R68W of the 6th P.M., which is 30 foot westerly Of the North Quarter Corner of said Section 17, thence southerly, and parallel with the easterly line of said Northwest Quarter of Section 17. to the intersection with the centerline of a 60 foot I wide, non-exclusive road and utility easement which is parallel with the southwesterly line of the R.O.W. granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191 of the Weld County records; thence southeasterly along said centerline I o! said 60 foot wide road and utility easement, and being 30 feet southwesterly and parallel with the •said southwesterly railroad R.O.w. line to the intersection with the northerly line of Weld County Road No. 20 and one-half: ITogether with an undivided 15.94 interest in and to the Coffin, Davis Ditch and the Decree, including, but not limited to that portion of the decree recorded in Book 952, Reception No. 1874151 of the Weld County records; and on Film 1182, Reception I No. 466611 of the Boulder County records. • Directions from Denver .. ITake I-25 north co 5.11. 119, then west co County line road (seperates Boulder/Weld counties), approx. 4 mile■ to turnoff. Turn south on county line, go 11 riles to road 201 turn east 11 Imiles co sire. 1643 Weld County Road 201 Longmont, Colorado 80501 I I • EXHIBIT A • I 89®474e. i 1 EXHIBIT Q I Municipalities within two miles of Distel Farm Resource. City of Longmont Civic Center Complex 3rd and Kimbark Street Longmont, CO 80501 (303) 776-6050 i i 1 i i I ■ 1 t i 830424 Q-1 • ag : r items dltl 3 when eda � Awns Sonnioso am and�comps Put yOUrr edema In tho"ft It Y" olds.PaIPalms to 5o tbnilt grant,Mr mad frnnbeegrannrdto rt M aISL Z CI No y a ArtkleAa6waedeoc • *� ta o -35147 ? U A EQUITABLE LIFE ASSURANCE of z w SOCIETY OF THE UNITED STATES "Want nriened Oondhod Q. P.O. BOX 2926 COD LnAk a w x OVERLAND PARK, KS ' 66201-1326• tionoth townsIAA eirOloten OrriAtirn of athimen --- to lOom OW RIBILIBialaca• o a\ 6. Sgnron—Add as w r N °Q X Sregalia e Aid* (ONO' a • m o a 6..Sfoneeun - H •, a' X a O w 7. Da of DNh.w,r Lo a, o P�tr�Y 7 10 - PS►pa 3811,pla.1956 r,ttto .o?08-272-866 DONUTIO MUM RECEIPT - mac �Co L 5h-,,,vz p4 _54l t� hone rnd 2 win*idol*anon a Sohn aid manilla.lawn. Put adtllar'M the'II `7O"Spew on the mover uS.Pain to do thin wt mown tide rar�fromo lnowitwrinodlo ---- Tat toss**Id Ohsb°k ooxia. fat.wirier esMaew '" �" 1. O Show to whom de as aid.es...»"�`�°+da.:e. 2. Q aeMotod oer.ery 0 _ a NoAKMIe Addnaelrta Mda. pine.etaq.) m �-3SQ S _ o�' z o HERMAN AND BETTY SCHLAGEL >4z>4 0 1262 WELD COUNTY ROAD 201 Mora LONGMONT, CO 80501 moo n+xw elect �r c x. - V o Alwriv cewn a4eawod Sims N Q _ XSeguraStpma`nOcinee & ►A IOW( . 41 N O 6' /fit ��//� . ... . X .f,t:.- /rTLR e, ,e Y. p% Yvayv'+c Y! PS Palm'3811,Mn nu • IkSAP.O. ,sss-ens-SOS DOSlIC WM ItIOMP en,-, ('alflemiooll Nr 7/R9 P Y/'R • as : CornpMte Saw 1 and 2 when addM,ons anima a dead,and a nplets hai Put Your eddiMs In 1.0"RETURN 70"3000,on g raven id&faun to do Mb wilt newt this I oo —T._ oordffOln,� �eeth'br"°r.nrn.deo gr. N a1O�Mr yep, ei�Ifbart a .A r a 1 SMw wlw'n d °Imo Memo ..d0'+ee...aeee0.e*bess. 2..0 Th a Dewy m a o — -- 3. Artois AnWeeatlto: .7 r mbor a 4. A.dml.41541-,J(G/ s = F, n LEE ERVIN OLSON Of Silt ,y. o v �0 1738 WELD COUNTY ROAD 201/2 Qhrnnb et a o LONGMONT, CO 80501 CedM16 UM `cballmoop � a F W H J a _ a 3 O - ,. -__ _ M Irian al uvrio.ens w EL gd6taeeeatiorit aid Qw/n D .4 G 6X. — � e Addwa overt 9, Ono of - Aa'� 2'8 188,4. PS ADM'3811.Mm 1968 +'4A.C A.10is-38-acts oCERsnC arum*scars _ 89O424 II • tittantl 4.�c°'"d"''r"`t.wd 2.wit*tldMlos4 awvlow as daba0..a oanproa Mont , .,• Put yo,raalnM lath;"Ri'IVIIN TO"OWOren. WINN od a.Pars to d•di,we orovont .� arLdf on bolo°rubmrdto c. olis� iS additioni eO�w�M'wi00nr. 2. D,IlostilOtod DoIMry o a C 3. Amd•AddnMW to;.„ 4 't��"� m - - 88ww7vvii�oo�RT •CPC! 0 .. —__ ANITA TERAUNE ? CC c 1710 WELD COUNTY ROAD 20 •p. Q coo co LONGMONT, CO 80501 ■ bps*me r Q w T /� C -. 0 0 \_._�-- �. . --- a { tea et seise l dz a , 7. Oro otDaWan Y,. __ ___ P8Ponn3811.148.198* :• US.c■,O.1cee-212--aea Dommn°RETURN excePT o 1 0 la ,. o in c - , 00 .., v " > wac z. tiN � 00 s in s �z z S .J h V O0 I . y NS' C w F -- a • , ' • w .-^' C w .a X R VCI ^ 0 'O A w r. I .l C . O &• r l •�' a S96 t aunp 008C JJ,Od Se ~• .w 4. lead 4 wMn.•OOMOtW"MO.w dwbad.••d ao•Mrm Rena. • --- — logyOurdtIdroto 0141111 cord Moan bawq TO"Spate at.towns ado.Panto this,Ml pram this w J r _ oddItionotosokaw F.00,04400, h g 1 f 911010 10 whomtoe •AOna•••••awns.. 2. Q 6.888••paMey fTl T c7 ease ! Oma us .c3, •..,........,-. lretrM) S 0. W x M tocf- 3S8 s x o w cc TULL CATTLE COMPANY of a v v z a C/0 RICHARD MEYER Raolaaese ❑psA0 o y N u FLATIRON SAND AND GRAVEL cameo coo •� H z as P.O. BOX 229 ❑ea.rr. 0 U O O a aM•P•OOrN tootodde r d. v m cd w ;� $OULDER ti_CO _8.03.0,6_ « roe aA a = O J O �^ a 6. Sipnbu•-Addnna - 8. Adb••MP�sk*Sy •Plait/ O w a. pc X. .Mp�llfwl��r plQ 7. of P.Ian sell. 1908 • .0,.1068-2@-066 OCMM371C 6171.11811 MOIST 890424( • • • Gongl t. •Yana 3 when+0ari' dorear w dumMed.ant tenant=mint .- Put youreddgssathe'llI AIIITO' sae tIr'iaewwandwrwrw:todothwwRp.eMttlde. �oardtrombebwn"umrdto a t. eV �o'1.8liawt"d`Sb o -}�taorrall "aW hl- n 71• 2. O RemindDMMn 1 , 1. Shoe to whom die,end, otos alryd, _ M1 1 S $. AttbN AdWaese4 uoc, �' ¢or3 a o CITY OF LONGMONT Iteriessredn te..ra z, w E-iz co CIVIC CENTER COMPLEX O Sronri� Ocoo o v a4 co 3RD AND KIMBARK [] o o c4 co c4 co o LONGMONT, CO 80501 AIwM eddyeree or pr[end 9rnoays' a• rq a w t� 6. 8. Addvasai"Addkee(ONZ,PV M02o x r. — — it /`I' 1,me. 1968 • 1CS O.NSM2t2-865 001KS71CSSTtIWI,tcr' Put your sdtlrre M the' 'SO-40;on the+•wne aWe,feWxe.to do.tar wNl prevent ale osrd from being.awned to a rt co.IbYorr daddhioert rreiosla)!equated. 2..a w -- — 1. snow to whom_ More aid ederree'rddnM. 0 aPDeY+wv x - S..Article Addressed to """a 1154/45k. m rn CHARLES R. & SHIRLI MAE HAYES y . e.toms immured s 998 EAST HIGHWAY 119 11C ❑coo s LONGMONT, CO 80501 Cl Bumr tai 70764O:26._. I 0 . O .4 .-. U -W.egent wort gyiVplW. a V) y T I X ��ww ! _ f t'� $. roPollat ad*Pod) . AdbMN a IQVIYV V) Gail 6. S�.O.xff��.--CCrr-AQem iY " '�i se CO ' - X a 0 y d U L --- - PS Penn 31(1,Met. 1988 • U.t.O.P.O.•1%GS-212-666. OOSTIC RCTURN W167Ir -_Maroc. canvas"MrT wire additions anion are dumbed.an0 oom k In Pet yaw WAIN In doe ends N mpu IV"SWe►o-asyrMM.Me.Fakes to do this salonventthie I aro from bead reeenedPOr we a _ 1. Sato venom o , .�fa_ dote.sold a h/h a ,eedda0a es. 2. 0 dedD eliver y 3. Arts Addn.sed to i44 n m 355 m a ?; — PRANK S. & ANDREA P. BIGELOW Ness_ miasmic, s t ^' o0 990 EAST HIGHWAY 119 .n a a LONGMONT, CO 80501 ca �nreYe lJ 7 PAS S ,a w 6. M Addrer S. Adtap de siddt"r(Av..V O. - .. y v, z u x 1{rbin r ar messtjrpsi a4 W Z < Signature Aar_Aar Eco t I a o8 J I 7. Des of DeWay . . -- APR 2 S 1989 Ps Fos 3811.16z WU • 1.1.6.03.P.0.100t-n2.466 free OOMSSnCNLtuWUIS_ 890424 • ! x 4 2 X6;1' -4,-�1247-/X1 -' , .PLoy6g . ant 7 willF2 WMn.adeldonal Goss are and,,ad oonaaata lane Put your was Ina•'ardilti To•'10a car lsearwrra.'fuweto dear w*pwrwn igle --rte ad arsbsirenunwdta yau. E+ 1. deiddiir & D JhMbhADNNMy Ln r r4 ae eboaa to wlan 6 .. dmw a S 5 v C 6 M READY MIX CONCRETE �3v1" TG�.of ✓ w . , m Q COMPANY OF BOULDER L77sol wa O ea S J & P., z o 2716 NIWOT ROAD �Cw01rd; �C00 O qQ2 0 0 0 NIWOT, CO 80544-0490 O�'M' a- o, z acsmaW90108 yet. X o �o F- 6. Saida',-.Add's. 8. Addgaaaa'r Adana.(ONLY( raeauwfad fee pad) V N ~ r z °.X .Agent r .y4y 1 �.a ►S Pam 3811.Mar. is • u6Af.o.1Yee-212-ee6 ooRRlerte RSTuNN Mari �n'y�,�mtm SMIR9 'Lexie' Y e. • 'aimt nod 2 when,addalone s..4 a dead.ad canals Inn Put yyaarr�a aew.r the•'RmlRti TO"loam es inn as.Pan to Op this will prevent t a ondnan being Murat*c. --.- Pot a M wrw EspraaddbOnel award N 1. Show to whom dNlw�� Md a0tliddtwa.data .. 2 G..IlaaulMiew�palMry a so a & Aatlda Addnard ex 4. Ands�'�'�� m c o - `7:�`I-353- s m MELBA G. DISTEL o!e•nin Nwc PledetwCOO a F 1443 WELD COUNTY ROAD 201/2 O � S ri c e LONGMONT, CO 80501 tam a o rii q " " - Aram ebubakanawdadOYawn 9 2 of punt and a. c.; ▪ o e. Sown—Address 8. Addeeesea�(OtLY(J M X iwr .rtrtapald la -So x `� y. Daley is Pone 3811.Mn sea • u.ttp.o.+Yss-ats-See tams=strum RECEIPT • C4`TY)_ P t9... y/t7!%9 PL0W.,8 ilk•_,e tw IPo Complete ina:,1 end when l"Mc,,ere aired,and aonarea In and 4. Out your sera rlM"REY(IRNN'TA'Son on Mae Nod?rosining fotur Mldm. ranwn.eeWk rlaanwnda --•«� - - --- -,----- ,talrritti Tared ia.ttleitions soma*,�ao��aat�p, an 1.O Ylgw to.tiara y �� iaaaa'a adbaaa. 2. 0 arm —a Reamed ru a 3. Apdola Addrad to 4. ASS m — -- C & M COMPANIES of 5 �. Rya.w P.O. BOX 490 . q.. Oarw.d s v 7916 NIWOT ROAD geco s e "o a m NIWOT, CO 80544-0490 �atD��aaar ll a ro O N v W Afars abrlrwa' adOwnaa o x 0 & Sgnauaa—Address ap�t ��{ty1Re0 0- r U m *peep z , x. . & Addt nip�rMdaM{QVLY(/ o ° o °• Agent C_ cam z /�t� =-.----- - Data of Oaua«y ,) QI Pe Pan 3 . ]Ora Mrur.GF.o„7pee-2-an. DOMeITh,OSnRN Sr 890424 RESOLUTION RE: APPROVE DISMISSAL OF SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO HOWARD DUCKWORTH, ABA WELD COUNTY DISPOSAL, INC. 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, on May 17, 1989, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #454 , issued to Howard Duckworth, dba Weld County Disposal, Inc. , due to alleged violations of Development Standards 4, 9, 11 , and 14 of said Special Use Permit, and WHEREAS, the testimony presented at said hearing indicated that the facility is no longer in violation of those Development Standards under consideration, and WHEREAS, the Board deems it advisable to dismiss said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider revocation of Special Use Permit #454, issued to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989 . '1 A BOARD OF COUNTY COMMISSIONERS ATTEST: / ' WELD COUNTY, COLORADO Weld County 1C erk and Recorder and Clerk to the Board C.W. Kirb , Cha' man BY: 4,/ Ja qu ine J•hnson, Pro-Tem eputy County C erk EXCUSED APPR ED AS TO FORM: Gene R. Brantner C---- / C George enne County Attorney � cords . .. y /,� /%f � , a„ /� //d /_/0,,,e,4,--#1...../. - ri.)�ra� 890429 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. , TODAY'S HEARINGS ARE AS FOLLOWS: MAY 17, 1989 DOCKET # 89-21 USR-OPEN-PIT MINE & MATERIALS PROCESSING FACILITY - C & M COMPANIES DOCKET A 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH. DBA WELD COUNTY DISPOSAL, INC. DOCKET # PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. NAME ADDRESS HEAPING ATTENDING - 7/: X73 6i7 C_ R 'a l,.w;1ti faitit c.{ if/4-v- ) /1980 £2n-Si- -Ste 4/0 j0e, 4•- 44689 -a --R-k- LAtc s_, `� r� (to 0ktz 1?L ,nick- ip"; -tip"; r (:,,r,- /(/JS t4) C/ S 7" c �� t'�. . 0 PN� P. Q (tjo ( 6 '>c s r 2 a 4 ve (d c�.. Art? on+,v.c�cit G` yyCo. 72,7yete:te( 75-1 / i /.47722 Ar / 3-1;"-- rY 7 o /ii,ehi /o S.4.7 .. ✓j _.2.704 zulcii;c1r,ZiArtfr1/4 re ed,/4-el �n �P43 S,,,c A, Y/O/ /. , (y. 2kr F!�iii� /o j /0( 90 /0,.`v 890429 DATE: May 17, 1989 CASE NUMBER: 2CH-34 TAME: Weld County Disposal, c/o Howard Duckworth ADDRESS: 7551 Callaghan Road, Suite 100 San Antonio, TX 78229-2861 LEGAL DESCRIPTION: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Roads 12 and 3.6. The Department of Planning Services' staff inspected the property and determined that it is in compliance with the conditions of the Board of County Commissioners' resolution of March 22, 1989. The aerator system is installed and operating, the berms have been graveled with pit run, and the facility is in compliance with the minimum 3 foot free board. 890429 • a RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DPA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 10th day of May, 1989, at the hour of 10:00 a.m. , in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit 0454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Board was informed that the aerator system was not totally installed and operational; therefore the facility was still not in compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 17, 1989, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit 0454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to May 17 , 1989 , at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989 . • BOARD OF COUNTY COMMISSIONERS ATTEST: .c.ATF.ut .l..�) WELD COUNTY, COLORADO Weld Count leerrk and Recorder and Clerk to the Board C.W. Kzrb , Cha man /r) EXCUSED BY: '_f s•< .hc.,r Le,/ Jac line Johnson, Pro-Tem -- Deputy County C≤erk /MA, APPROVED AS TO FORM: ene R. Bran ner George i e n County Attorney Go a tiD,(r '% ; C1? f;W % �e. �'%C 890407 ^! - 890429 �.'.��A?:.',zt6 - v':IC&) `2+G+�7 • s ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 10, 1989 DOCKET 4 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET #89-17L TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON DOCKET # A AME / ADDRESS // HEAPING ATTENDING :;) ,�/ �Z1 /%4 `>5 F/-�t,/ ../ 6def/r r.r t,S / .z h'f/s',%J Vizi ,5T ��2e&gY /NaA Coomrv'ikp #t .,_/ az- 75O 00174, RI 5 4 71 78.227 6 ,5-5 p. 2a-� e C , Baoit ?r . .1 _44-[1 .1%D S 2 'rfgY /Pf�Q/ S/!.i s ?,4,94,..C44' ,4,aG 8.44' :c• • 890429 • e HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SNOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT t454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 10, 1989, at 10:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative. Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc., c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison stated that this hearing was continued from March 22, and he reviewed the items the owners were to have accomplished by this hearing. Keith Schuett, representing the Planning Department, stated that an inspection by his department revealed that the creator system has not been completely installed and is no ' op rat Onal. Mr. Schuett said an inspection by the Health Department revealed a new violation, which has not been an issue of this Show Cause Hearing. During discussion, it was determined that this hearing would consist of two parts: the first to determine whether the operation is in compliance with the items outlined in the Resolution of March 22; and the second to determine if there is probable cause to schedule a Show Cause Hearing concerning the new violation. Mr. Schuett reviewed the findings of the Planning staff's inspection. Wes Potter, representing the Health Department, said his department's inspection showed that the berms have been constructed in compliance with the County's instructions, and that documentation has been submitted and reviewed concerning the construction of the pond liners which are completed and are acceptable. He also said that intake reports indicate compliance with the intake restrictions under which they have been operating. Robert Gehler, Attorney for Weld County Disposal, Inc. , made comments. Tom Cope, of Total Engineering, Inc., explained that the aerator system had been placed, but testing indicated a few necessary adjustments which are now being made, and that the system should be ready for inspection by 4:00 p.m. , May 12. Howard Duckworth, principal owner of Weld County Disposal, Inc., explained that they have been working very hard to get everything installed and explained some of the delays which have occurred. In asking for public testimony, Chairman Kirby requested that comments be confined to those items contained in the Commissioners' Resolution of March 22. Tim Trostel, a neighbor, voiced concerns about the noise made by the pump operating the aerator system. There was much discussion about methods which might be used to lessen the noise of the pump. Commissioner Lacy moved to continue this hearing to May 17, at 10:00 a.m. , by which time the aeration system is to be installed and operating. Commissioner Brantner seconded the motion and said he would like discussion concerning a muffler system for the pump continued to a later date. (Tape Change 1189-20) Mr. Schuett commented that the 890407 890429 • • • lit mEmOR I1D1J fl Co liteTo Weld County Disposal File pew Max 9, 1989 COLORADO cvom Lynn Robbio, Environmental Protection Specialist ' Subject. Weld County Disposal t On Friday May 5, 1989 an inspection of the Weld County Disposal was conducted by Wes Potter and myself, Lynn Robbio. The berms and free board were found to be in compliance, but a large amount of oil and weeds had been removed from ponds and mixed with dirt and disposed into an unlined pit on the back side of property. Wes and I told Cary Kennedy he was not allowed to dispose of contaminated soil on the property and that a method for proper disposal would need to be presented at the Show-Cause Hearing, Wednesday, May 10, 1989. The berms on Ponds C and D were surveyed and found to be constructed in compliance with the Letter of Approval from the County authorizing the construction. There is less than 8" of variation along the top of the berm. Pond C had approximately 12% of the pond covered with oil and paraffin. The operator has been working to remove the oil from the top of the ponds. The oil on the pond continues to be a problem. The problem is caused h by the operator running the pump moving the waste liquid through the skim facility too rapidly. Other facilities have demonstrated the ability to skim without getting oil onto the ponds. Proper operation of the pump system would significantly reduce this problem. All other aspects of the waste facility appear to be in compliance with the regulations. On Friday, May 5, 1989 at approximately 4:45 p.m. I spoke to Mr. Duckworth and I told him of the problem. Mr. Duckworth asked me if the contaminated soil could be trucked out to Roggen. I told him no that is not a proper method of disposal that he could try dust abatement on the Weld County Disposal property, but his best bet is to propose to do E.P.A. toxic tests on soil and haul it to CSI in Commerce City. I stressed to Mr. Duckworth at this time I would have to talk to Wes and we would get back with him on Monday. May 8, 1989, so Wes could make some recommendations for Tom Cope's Proposal. On Monday, May 8, 1989 Wes Potter, Tom Cope, and myself met to discuss possible methods of disposal. Wes said dust abatement would not be recommended and according to the new State guidelines for disposal of soil E.P.A. toxic tests should be conducted and then a proper final disposal area would be decided on. Tom then decided he would review the new State guidelines and make a proposal. 890429 -f • • ‘ a SOLID WASTE FACILITY INSPECTION (Surface Impoundments) 'County % � U d n ,DATE ,5-7612?9 Located in Facility 11/ yam h cc/it-cit. -CI _ Incorporated Area Location ry/ciaa,y Current Operator &n etcr Mailing Address of Operator rJ Current Owner (If different) 147,4y4,4/ {1/'✓A7G itil]L Mailing Address of Owner-71,t (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards " B. Evidence of Potential for (Serious) Surface Water Pollution __- C. Evidence of Potential for (Serious) Groundwater Pollution -! D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards F. Non—Compliance with Approved Design and Operation G. Structural Integrity of Dikes Questionable H. Records I. Ocher * REMEDIAL ACTION REQUIRED ✓_ II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present - B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned - D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) ^ )( E. Evidence of wino. Spills Around Disposal Area F. Water/Liquid urface Covered with oils) or scum G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. .�/1 I. Recommendations for Site Improvement J. Other ___ III,J. harks ea/O , piste, d 4O ��47+f .-tact /'M I%I et 'YJ//.4✓�i ✓ ey b Fn n;0D.4 441 C. ! o 1�.i ✓Cq�.�� nave. .�n-", �,ief .".�a_!!�.i.PcL�.�x, 2Aa''. 5�1irz�:.� 4 ,O/ 5t'i my+' Lee- l . en, /pc»cam'- C 4//I IA) 4eY)1P (AV _CUL'O;•1 4l <<4-h r,,+ 9 fl•lni f 'k' //Fr/l 'Pfl n tUCC'C/.? e;in 4 Pill 4 i>i1 fLn) a I /AL .n---......L (Name) PRESENT AT INSPECTION (Representing) Kill III • Inspect n nginee�i/Geologist r is k y .0 (WRITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 890429 • RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 22nd day of March, 1989, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to allow additional time for the facility to be brought into compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 10 , 1989, at 10 :00 a.m. , and WHEREAS, the Board deemed it advisable to outline those items to be accomplished as follows: 1) an aerator system is to be installed, or an evaporation plan acceptable to the Weld County Health Department is to be submitted; 2) the graveling is to be completed; and 3) confirmation of the freeboard level and results of compaction tests are to be submitted to the Weld County Health Department. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to May 10, 1989, at 10:00 a.m. , with the above listed items to be accomplished prior to said hearing. 7,,60x '97 Cie An1 -dycru,r iliir • 890276 • 890429 RESOLUTION RE: APPROVE DISMISSAL OF SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO HOWARD DUCKWORTH, ABA WELD COUNTY DISPOSAL, INC. 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, on May 17, 1989, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #454, issued to Howard Duckworth, dba Weld County Disposal, Inc. , due to alleged violations of Development Standards 4, 9, 11 , and 14 of said Special Use Permit, and WHEREAS, the testimony presented at said hearing indicated that the facility is no longer in violation of those Development Standards under consideration, and WHEREAS, the Board deems it advisable to dismiss said Show Cause Hearing. 11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider revocation of Special Use Permit #454 , issued to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989 . c‘CatBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.w. Kirb , Cha man BY: Q/ Ja qu ine J•hnson, Pro-Tem eputy County C erk EXCUSED APPR ED AS TO FORM: Gene R. Brantner George nne O County Attorney Oorda!� 7),< !)-/v/ efi /47.,/,‘,4 / - tiiviJt� "%s:, :r 890429 /z T„,..4 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 17, 1989 DOCKET # 89-21 USR-OPEN-PIT MINE & MATERIALS PROCESSING FACILITY - C & M COMPANIES DOCKET # 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. NAME ADDRESS HEARING ATTENDING r:77.171: �� /7 6'/71. c- A /2 9,0 iiflo 6,2d9"1-5r-Sre 4io Adevei.. 139 -zI 727)71 �e y`/i 5- ,J. 4)4474- &A*,. Po oaf- k � Im 6 7s s 2 a � 4,P tat 14 c�. o:� �/ OM_art4. C/f. Co C es aye 7SS / ly/Air/�-4. n / S 4. 9',/ /S" ,/ ^' zc / >>f72tgo `+� ce l?,K?//rr' " /pouf See .< 3/a/ Wq /74/4 (-O 01,/d Go '',y 899429 DATE: May 17, 1989 CASE NUMBER: ZCH-34 NAME: Weld County Disposal, c/o Howard Duckworth ADDRESS: 7551 Callaghan Road, Suite 100 San Antonio, TX 78229-2861 LEGAL DESCRIPTION: Part of the NW! NW! of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Roads 12 and 34. The Department of Planning Services' staff inspected the property and determined that it is in compliance with the conditions of the Board of County Commissioners' resolution of March 22, 1989. The aerator system is installed and operating, the berms have been graveled with pit run, and the facility is in compliance with the minimum 3 foot free board. • • 890429 • • RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DPA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 10th clay of May, 1989, at the hour of 10:00 a.m. , in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Board was informed that the aerator system was not totally installed and operational; therefore the facility was still not in compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 17, 1989, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to May 17, 1989, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: -eat) BOARD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C.W. Kirby, Cha',man it EXCUSED BY: `\i/ r7jvj7r_,cr, <Tc,rccy ,1' Jac line Johnson, Pro-Tem Deputy County Clerk I ��f APPROVED AS TO FORM: en"e R. Bran ner 4c ��, George e n U County Attorney Go . }�k. O`/H j C%? e Avx,•:r7� .:c cz &Y' 1 890407 �/ p� • 890429 • • ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 10, 1989 DOCKET 4$ 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET if-89-17L TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON DOCKET # AME / ADDRESS HEAPING ATTENDING z / Y9/s 17X) S� /A-Reef—FY 14 aA 6904r .Use nt �J �l/ t�W'-J - / JT 1 6101/74-,_ ? 547t l Y d., fg slats_ 6 ,5-5 ? 7 a i,„ eaa.,„ eye �o r "' ""f J/�//s�-�. j/ 2 � 'r r / -° / .- � /' /4 eC Nt • 590429 • • HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT p454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 10, 1989. at 10:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc., c/o Howard Duckworth. Lee Morrison, Assistant County Attorney. made this matter of record. Mr. Morrison stated that this hearing was continued from March 22, and he reviewed the items the owners were to have accomplished by this hearing. Keith Schuett, representing the Planning Department, stated that an inspection by his department revealed that the areator system has not been completely installed and is no . on rat onal. Mr. Schuett said an inspection by the Health Department revealed a new violation, which has not been an issue of this Show Cause Hearing. During discussion, it was determined that this hearing would consist of two parts: the first to determine whether the operation is in compliance with the items outlined in the Resolution of March 22; and the second to determine if there is probable cause to schedule a Show Cause Hearing concerning the new violation. Mr. Schuett reviewed the findings of the Planning staff's inspection. Wes Potter, representing the Health Department, said his department's inspection showed that the berms have been constructed in compliance with the County's instructions, and that documentation has been submitted and reviewed concerning the construction of the pond liners which are completed and are acceptable. He also said that intake reports indicate compliance with the intake restrictions under which they have been operating. Robert Gehler, Attorney for Weld County Disposal. Inc. , made comments. Tom Cope. of Total Engineering, Inc. . explained that the aerator system had been placed, but testing indicated a few necessary adjustments which are now being made, and that the system should be ready for inspection by 4:00 p.m., May 12. Howard Duckworth. principal owner of Weld County Disposal. Inc., explained that they have been working very hard to get everything installed and explained some of the delays which have occurred. In asking for public testimony. Chairman Kirby requested that comments be confined to those items contained in the Commissioners' Resolution of March 22. Tim Trostel, a neighbor, voiced concerns about the noise made by the pump operating the aerator system. There was much discussion about methods which might be used to lessen the noise of the pump. Commissioner Lacy moved to continue this hearing to May 17, at 10:00 a.m. , by which time the aeration system is to be installed and operating. Commissioner Brantner seconded the motion and said he would like discussion concerning a muffler system for the pump continued to a later date. (Tape Change #89-20) Mr. Schuett commented that the 890407 z.. 1.1#1,;7„,./.7 `'/ I /,r� et.fe . 590429 � • • Page 2 RE: SHOW CAUSE - WELD COUNTY DISPOSAL system needs to be installed in time for inspections to be conducted prior to the hearing. On a roll call vote, the motion carried 3-1, with Commissioner Erantner voting nay. Commencing the second phase of this hearing, Mr. Morrison asked Mr. Oehler if the applicant would waive the customary 10-day notice for a Probable Cause Hearing. Mr. Oehler asked to hear the concerns today, but wanted to have time to prepare a response; therefore, he said he would not waive the right to notification. Mr. Morrison advised the Board that they could hear the complaint, but their only possible action would he to set a date for a Probable Cause Hearing. Mr. Potter said the Health Department has discovered the improper disposal of oil and waste materials in a pit, in violation of the Development Standards; and feels that there is a consistent management problem at this facility, evidenced by oil around the receiving pit and on the ponds. Mr. Trostel testified that tumbleweeds blown from this area are oil and wax-soaked, and that birds die after being on the ponds. Mr. Duckworth commented concerning the management of this facility, and said they intend to use vacuum trucks to remove oil and paraffin from the ponds this summer. Commissioner Brantner moved to set a Probable Cause Hearing to consider new violations for May 17, at 10:00 a.m. Commissioner Lacy seconded the motion. Mr. Cehl.er agreed that this would constitute sufficient notice of said hearing. The motion carried unanimously. This Certification was approved on the 15th day of May, 1989. APPROVED: �}� BOARD OF COUNTY COMMISSIONERS ATTEST: / ' �ti WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Boa C.W. Kirby, Chai n EXCUSED Deputy County C1 rk Jacg ine Johnson, Pro-Tem tat ene R. Erantner George Kenned ' nhN6 e Gors16 ac TAPE x189-19 & #89-20 DOCKET #88-48 PL0447 890407 890429 �nr • • • . C. c , , mEmoR Du (toVine To Weld County Disposal File Des May 9, 1989 COLORADO From Lynn Robbio, Environmental Protection Specialist ' subject Weld County Disposal On Friday May 5, 1989 an inspection of the Weld County Disposal was conducted by Wes Potter and myself, Lynn Robbio. The berms and free board were found to be in compliance, but a large amount of oil and weeds had been removed from ponds and mixed with dirt and disposed into an unlined pit on the back side of property. Wes and I told Gary Kennedy he was not allowed to dispose of contaminated soil on the property and that a method for proper disposal would need to be presented at the Show-Cause Hearing, Wednesday, May 10, 1989. The berms on Ponds C and D were surveyed and found to be constructed in compliance with the Letter of Approval from the County authorizing the construction. There is less than 8" of variation along the top of the berm. Pond C had approximately 12% of the pond covered with oil and paraffin. The operator has been working to remove the oil from the top of the ponds. The oil on the pond continues to be a problem. The problem is caused by the operator running the pump moving the waste liquid through the skim facility too rapidly. Other facilities have demonstrated the ability to skim without getting oil onto the ponds. Proper operation of the pump system would significantly reduce this problem. All other aspects of the waste facility appear to be in compliance with the regulations. On Friday, May 5, 1989 at approximately 4:45 p.m. I spoke to Mr. Duckworth and I told him of the problem. Mr. Duckworth asked me if the contaminated soil could be trucked out to Roggen. I told him no that is not a proper method of disposal that he could try dust abatement on the Weld County Disposal property, but his best bet is to propose to do E.P.A. toxic tests on soil and haul it to CSI in Commerce City. I stressed to Mr. Duckworth at this time I would have to talk to Wes and we would get back with him on Monday, May 8, 1989, so Wes could make some recommendations for Tom Cope's Proposal. On Monday, May 8, 1989 Wes Potter, Tom Cope, and myself met to discuss possible methods of disposal. Wes said dust abatement would not be recommended and according to the new State gu.'.delines for disposal of soil E.P.A. toxic tests should be conducted and then a proper final disposal area would be decided on. Tom then decided he would review the new State guidelines and make a proposal. 890429 r • d - SOLID WASTE FACILITY INSPECTION (Surface Impoundments) ` County i,� el ,DATE }/�-/,y)9 Located in Facility /Up /.Go'x cam/ ).t/r1A4erE Incorporated Area Location wr""' rt Current Operator 2ii /[4, may., Mailing Address of Opera or J Current Owner (If different) /- 2,4.4efincyzjiA Mailing Address of Owner -77 4/ncs, (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards ' ---- B. Evidence of Potential for (Serious) Surface Water Pollution r C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards F. Non—Compliance with Approved Design and Operation C. Structural Integrity of Dikes Questionable H. Records --__ I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 3O, 2O-11O A. Odors and/or Vectors Present — B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Sinn Spills Around Disposal Area F. Water/Liquid Surface Covered with oils) or scum C. Depth Gauges not Present and or Readible __— H. Pond Freeboard Level Exceeded. Nile_ I. Recommendations for Site Improvement J. Other III R arks jL ) -G6 s ) 4. , pe/ ri " / G>f 4, p'' tin tivic e il iffy< - 1 aag�� c � �� nr�pJc t t�+r�nta Uli�l �, I?,[u �.ria.rCuss.l..,•� t , irtt) n,/ SPvtn.J 4- % inn, lien a ,...r:15,1/)1 ) "t'vye (A A /lFQ41 ICr�-R rll(��4 sFIit% fFF1' 4c'/6F(�'J A-n L#O ?'[t/r) re -f/•N4 2/if..4! 7 e"f) h 9 eo - (Name) PRESENT AT INSPECTION (Representing) Inspec n nginee /Geologist (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 890429 RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 22nd day of March, 1989, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to allow additional time for the facility to be brought into compliance, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to May 10 , 1989, at 10 :00 a.m. , and WHEREAS, the Board deemed it advisable to outline those items to be accomplished as follows: 1) an aerator system is to be installed, or an evaporation plan acceptable to the Weld County Health Department is to be submitted; 2) the graveling is to be completed; and 3) confirmation of the freeboard level and results of compaction tests are to be submitted to the Weld County Health Department. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to May 10, 1989, at 10:00 a.m. , with the above listed items to be accomplished prior to said hearing. t . (G) R601/1/7 Lie " -Aic tu.es1/ 444 - 890276 • • 890429 IPFIMMMMMMMMMII.:IMMMMII"Ml."MIMMIMTIMMIMMMMIMIMIMMMIMII.MIMIf Page 2 RE: CONTINUE HEARING - WELD COUNTY DISPOSAL, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D. , 1989 . X. �L � BOARD OF COUNTY COMMISSIONERS ATTEST: C° n7 ' C ‘J WELD COUNTY, COLORADO Weld County erk and Recorder/X, and Clerk to the Bo& d C.W. Kirby, Chr rman irINtsr 41 BYE. dD}?‘jrt _; - (/ 4/1;21,A).___ C[ac�.,ue'l e .To won, Pro-Tem County clerk EXCUSED DATE OF SIGNING - AYE APPR/eputy ED AS TO FORM: Gene R. Brantner C ->C7‘....,G�e�% George K nn y U County Attorney Go L 890276 890429 a • • P OF COUNTY COMMISSIONERS - WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 41,22,(227.-406 ..41`\76727-/ AZ PAOL..4-...0, /C-4, i"-- • e ?)(1C2/,°;ar. • , •• /':, ', a.-- • M/'7,}4 1M n :::... • :.A `S\ fit ♦ { ♦.` , ri'%•.-774;17.1 1. V JI 1I J ; , J` • 1_ Grrl f s 1 f G ,kt/ • t. r • kiih, a• 7 r y / w • F 4 f/Y 1 J 3J0429 • • 704 • HEARING CERTIFICATION DOCKET N0. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on March 22, 1989, at 9:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro—Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Brian Bingle Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc. , c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison noted that this hearing was continued from February 1, and reviewed the conditions of said continuance. Brian Bingle, representing the Planning Department stated that a recent inspection determined that this facility is still not in compliance and recommended that this hearing be continued not more than 35 days. Wes Potter, representing the Health Department, said that an inspection on March 20 revealed problems with the berms. He also said the facility is currently close to its maximum level and stated that he fears, if the conditions under which it has been operating are lifted, it will be out of compliance within a short time. Mr. Potter said an aeration system should be operating before the facility is allowed to accept larger amounts of waste. Robert Gehler, Attorney, came forward to represent Weld County Disposal, Inc. Tom Cope, of Total Engineering Services, submitted photos taken Monday showing that the freeboard level is being properly maintained. He said compaction tests showed that the new liner in Ponds C and D has been properly constructed. Mr. Cope also spoke about the aeration system proposed for this facility. He said it should be operational within 30 days of approval of the plan. Gary Kennedy, operations manager of the facility, said that most of the road graveling has been completed. No public testimony was offered concerning this matter. Mr. Gehler asked for a clarification of the items to be completed if this hearing is continued. Mr. Gehler agreed that the letters of understanding will continue in effect during a continuation. Mr. Morrison said that an aerator system needs to be installed, or a plan for evaporative measures acceptable to the Weld County Health Department needs to be submitted; the graveling needs to be completed; and there needs to be confirmation of the freeboard level and the results of compaction tests. Commissioner Lacy stated that, if the erosion control measures have not been completed, there needs to be a plan for erosion control from the appropriate soil conservation district. After further discussion, Commissioner Lacy moved to continue this hearing to May 10, 1989, at 10:00 a.m. Commissioner Brantner seconded the motion, and it carried unanimously. • 890276 -p2,04/4/7 890429 • • • Page 2 RE: SHOW CAUSE — WELD COUNTY DISPOSAL, INC. This Certification was approved on the 27th day of March, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: � WELD COUNTY, COLOdtADO Weld County CI rk and Recorder a.2 and Clerk to the Boar C.W. Kirby, Cha an fry u ia� \�. ..;e ►�� eputy County Cle a•que\,ne J son, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner • Ad_ George Kenn Go do . a TAPE #89-11 DOCKET #88-48 PL0447 • 890276 ' x2219 890429 11. • • • ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MARCH 22, 1989 DOCKET # 88-48 SHOW CAUSE-HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # 89-10 REPLAT OF PUD PLASN, FIRST FILING OF BEEBE DRAW FARMS & EQUESTRIAN CENTER- MORRIS BURK DOCKET # 89-11 PUD PLAN, FIRST FILING - DEL CAMINO CENTER PARTNERSHIP NAME ADDRESS HEARING ATTENDING nlioekoete, 117-U4 CUCie 12 C;Pf-CAMP7 Tao 1. S -eve o3"f rs"8o_ Agee.}, SP- &j.4-3.5'n II i�..�rN zcC, fo-rhw4 l ?Sp 11 w e 2 3 p SZO ux [. 9ce a/t_e ficAr eat L6 &tic rs5' tttn'l24 r a So�' goose Q290 iptvos F UPP K CEN Ktt 2Dz,D- . gE'C1 E OgAtm Gar/ tiy S o /5 eel cip6a I 04044/Q4 2V /7"Ll, kir 1- /ezS3 ti.- s4 r rr . Qek /009 Sl� e/4CC L wed !0e/ a.;40 1 :to,1 P<` 2L2o �% . r; �,rt . ( bons 590429-- • • DATE: March 22, 1989 CASE NUMBER: ZCM-34 NAME: Howard Duckworth, c/o Weld County Disposal ADDRESS: 7551 Cullagan Road, #100 San Antonio, TX 78229-2861 LEGAL: Part of the NWt NW} of Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. Staff members from the Department of Planning Services, and the Weld County Health Department have inspected the property and determined that concerns about compliance with standards for SUP-454 exist with the facility. The . Department of Planning Services' staff request that this show cause hearing be continued for no more than 45 days to allow the operators of Weld County Disposal time to complete repairs, modifications, and to bring the property into compliance with all development standards. The Staff would also request that the aeration system be installed and operational on Lagoon D with in that time. S33429 • • INSPECTION REPORT NAME: Weld County Disposal LEGAL DESCRIPTION OP PROPERTY: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado DATE: March 15, 1989 CASE NUMBER: ZCH-34 The property was inspected to determine if the property is in compliance with Amended Special Use Permit #454. Standards #2, 3, and 4 appear to not be in compliance at this time. Standard #2 indicates that all interior roads are to be graveled. All interior roads are not graveled. Standard 113 indicates that the property is to be maintained in such a manner as to prevent soil erosion. Areas have been stripped of vegetation and left bare. Standard #4 indicates that the property is to be maintained in compliance with the Weld County Health Department. The pond levels exceed the minimum 3 foot of free board. At this time, the aeration system has not been reinstalled on pond D. It appears that its placement along the edge of the berm with its pipes resting on the bottom of the lagoon, could compromise the integrity of the berm liner. Current Planner 890429 { ' +! r 9 FEB 7 1989 f l RESOLUTION Weld to. flimflam Cummnc.,up RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 1st day of February, 1989, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Sepcial Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to allow sufficient time to complete the dike repairs and modifications, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to March 22, 1989, at 9:00 a.m. , subject to the following conditions: 1) At all times the freeboard shall be maintained as provided in the original permit; 2) A maximum of 800 barrels of liquid average per day shall be accepted into the facility; and 3) There shall be no reduction in freeboard in Pond C from its present level, so the level in this pond stays low enough to complete the repairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to March 22, 1989 , at or about 9:00 a.m. , subject to the above listed conditions. 890131 /� }8904//2�� / //�� •..J�/i�I.: /�/k(r�I/IYt.Gi.♦ P� to/°.�.(�/r— VVV +� r ♦ l' � n �! mEmoRAn®um. . Keith Schuett/Planning March 21, 19841984 ® To r Date I Wes Potter, Environmental Protection , /�. COLORADO From ( f�GIJ Weld County Disposal Inc. Show Cause Hearing Subject: The staff has inspected the Weld County Disposal Facility on March 20, 1989. The following items dre listed as areas of concern. 1. The Pond levels still are high enough on the berms that there is a • question as to whether they have the required 3 feet of freeboard above the water line. Pond C (The Northern Pond) has one point on the east side which appears to have 31 inches of freeboard. Pond D has one point on the South side of the Pond which appears to have 32.5 inches of freeboard. 2. It was the understanding of the staff that the operator of the facility would have the spray/aeration system operating before the next show cause hearing so that they would be able to increase the total liquid amounts received by the facilility. The existing pond levels and the absence of an aeration system leads the staff to recommend that• the facility- not be allowed to recieve any amount in excess of that presently being dumped at the site. 3. As of 2 PM on 3/21/89, the division has not received any report from the engineer who is doing the evaluation on the berm repair work at the facility. It was the understanding of the staff that the report would be submitted prior to the hearing so the the staff could evaluate the report and make a recommendation to the Board at the hearing. Because of the above stated concerns, the staff is not able to make a recommendation to drop the legal action pending in this case and requests that the owner/operator be required to respond to the problems as noted. 890429 • • • tr Total Engineering Service e 4415 W. 9th Street Greeley, CO 80634 (303) 351 -8744 March 20, 1989 c. Mr. Keith Schuett Weld County Planning Department - - 915 10th Street • Greeley, CC 80631 Re: Weld County Disposal Dear Keith: This letter is being provided to inform the County of the completion of the raising of Pond D, the reshaping of Pond C and provide evidence that the above-referenced project is now in compliance with the written concerns , that required the show-cause hearing. The berm to Pond D has been raised the additional four feet (4') as permitted by Weld County. The liner placed in Pond D was placed in accordance to the specifications end passed compaction tests as tested by Empire Laboratories, Inc.. Pond C has been reshaped and additional pond liner material was placed along the reshaped slope, in accordance to the specifications and passed compaction tests as tested by Empire Laboratories, Inc.. I have enclosed a copy of these test results for your records. • The construction has resolved the concerns the County had with the lack of proper freeboard es well as erosion along the interior slope. Based on a field inspection conducted today, the berms to both ponds appear stable and adequate for full operation to maintain a three foot freeboard liquid level. The water level was approximately three inches (3") below the concrete cylinder that was surveyed to represent the required three foot freeboard from the lowest point on the berm. - aal ri i MAR 211989 1. E Wldto. Nasal CommitsiD, +w . • • Total Engineering Service 4415 W. 9th Street Greeley, CO 80634 (303) 351 -8744 Mr. Keith Schuett March 20, 1989 Page Two Total Engineering Service installed the following items to assist in the monitoring of the facility: 1) A rebar was placed in the berm at the same elevation of the low point on the berm, therefore this rebar was set at an elevation equivalent to the freeboard equalling zero (FE = 0.0'). A cross section of the berm slope was field surveyed. Please find enclosed a chart for each pond which equates the horizontal distance from the rebar to the water surface to an actual Freeboard depth, Therefore, a county health specialist or the site operator can measure the horizontal distance from the rebar to the water surface and determine the amount of freeboard from the charts provided. 2) A concrete cyinder block was set in both ponds at the three foot freeboard depth, therefore any casual observer can quickly determine if the liquids ere within the freeboard levels required. The measuring devices that were approved by the County and installed last year have been up—righted and appear to be working properly. During the summer months the approved measuring devices and temporary measuring devices installed recently will allow the County Health Department to accurately measure the level of water in the ponds. A mass balance of the liquids can be properly determined. The owner of the facility still intends to install new measuring devices that will work during the winter months. The approved measuring devices were adequate last summer, however were found to be inadequate when ice formed e' the ponds. I have recommended the installation of a slant gauge in both ponds. This device will allow the measurement of the water level in the ponds during summer and winter months. Slant gauges should not be installed into the ponds until the water level is at the lowest point, generally late summer. Installing the slant gauge when the water level is low will allow a more accurate installation as well es a safer installation for the installer. Plans and specifications will be submitted for approval to Weld County Health Department and the Department of Planning Services prior to installation. 890429. • • Total Engineering Service , e 4415 W. 9th Street Greeley, CO 80634 (303) 351-8744 Mr. Keith Schuett March 20, 1959 Page Three It is our hope that this letter will assure the County that the owner is committed to this facility and is working in good faith with the County. Sincerely, • TOTAL ENGINEERING SERVICE �o` OOREG°i"Ove �. 4' CP. .�: Tom Cope, P.E. -• cc: Wes Potter, Weld County Health Department s��FJA/frattniii�r��E«a�� Howard Duckworth, Owner • Gary Kennedy, Operator File `88-128 139042:91-4;4, IY • • • WELD COUNTY DISPOSAL DISTANCE - FREEBOARD MEASUREMENTS POND C HORIZONTAL DISTANCE ELEVATION FREEBOARD COMMENTS (FEET) (FEET) (FEET) 0.00 95.00 0.00 Low point on berm 1.48 94.50 0.50 2.96 94.00 1.00 4.72 93.50 1.50 7.12 93.00 2.00 9.52 92.50 2.50 11.92 92.00 3.00 Required Freeboard-block set 12.40 91.90 3.10 12.88 91.80 3.20 13.36 91.70 3.30 13.86 91.60 3.40 14.37 91.50 3.50 14.89 91.40 3.60 15.40 91.30 3.70 15.91 91.20 3.80 16.43 91.10 3.90 16.94 91.00 4.00 17.46 90.90 4.10 17.97 90.80 - 4.20 18.49 90.70 4.30 19.00 90.60 4.40 • 19.51 90.50 4.50 20.03 90.40 4.60 20.54 90.30 4.70 Elevation 90.25 was last elev. 21.06 90.20 4.80 safely surveyed on 3/13/89 21.57 90.10 4.90 22.09 90.00 5.00 890429 • • • • WELD COUNTY DISPOSAL DISTANCE - FREEBOARD MEASUREMENTS POND D HORIZONTAL DISTANCE ELEVATION FREEBOARD - COMMENTS (FEET) (FEET) (FEET) 0.00 91.90 0.00 Low point on berm 2.14 91.40 0.50 4.29 90.90 1.00 6.28 90.40 1.50 7.66 69.90 2.00 9.03 89.40 2.50 10.53 88.90 3.00 Required Freeboard-block set 10.88 88.80 3.10 11.24 88.70 3.20 11.59 88.60 3.30 11.94 88.50 3.40 12.29 88.40 3.50 12.65 88.30 3.60 13.00 88.20 3.70 13.29 88.10 3.80 13.57 88.00 3.90 . 13.86 87.90 4.00 14.14 87.80 4.10 14.43 87.70 4.20 14.71 8.7.60 4.30 15.00 87.50 4.40 .15.33 87.40 4.50 15.67 87.30 4.60 16.00 87.20 4.70 16.33 87.10 - 4.80 16.67 87.00 4.90 17.00 86.90 5.00 17.33 86.80 5.10 17.67 86.70 5.20 18.00 86.60 5.30 18.33 86.50 5.40 18.67 86.40 5.50 19.00 86.30 5.60 19.33 86.20 5.70 19.67 86.10 5.80 20.00 86.00 5.90 Elevation 87.5 was last elev. safely surveyed on 311/89 890429 • Empire Laboratories, Inc. 40oRPORATE OFFICE P.O.BOlt 503•(303)4844359 GEOTECNNICAL ENGINEERING&MATERIALS TESTING 301 No.Howes a FOt CdGry Cowwrsso 80522 March' 15, 1989 Weld County Waste Disposal Inc. 7551 Callaghan Drive, Suite 100 San Antonio, TX 78229 Re: Lagoon "C" Ft . Lupton, Colorado ELI Project #1474-L Gentlemen: Please find enclosed field density test results obtained from fill material being placed at the above-referenced project . The field density test results, obtained with a Troxier Nuclear Moisture Density Gauge in accordance with ASTM proce- dures are included on page two, along with the laboratory curve data developed for the material being placed. Very truly yours, EMPIRE AT�ES, INC . Edward J. Paas, P.E. Longmont Branch Manager Colorado Registration #15776 / cc : Total Engineering Services /V . /Pjk aRgro 4 Cs N Branch Offices B✓®L1./Y s j P.O.sox 18859 P.O.Boa 1195 PC.Boa 1744 P.O.84.5859 Colorado B0nn94 CO 80935 L0ngmonl,CO 80502 Grasley,0080892 Cheyenne.WY 020O3 yl�, , 7 (710)097.2115 (7091 7 7 879 21 (303)351.0450 (007)832.9224 Member Of COnsulling Engineers Council z • tilli ►� - z 8 can . Y e WI.�� a 11Lin P \ O'In In . In W"1 i 01 O 01 0' in W Za fx6 Co - - W a ^ cr co N VD c x • .,l a 01 rn CC N. Cr z 01 01 01 0) C - . E > L is U T Cl) - It) to v co 0 M Cr W !d a 0 S o O o c Q 0 0 t0 N. 10 N O Cl I-1 Z g o '.0 c0 r In M O 10 •W ..a. N N MN N N — UPTO a. h+.t V O M• 10• ot• N. N 0 M C L4 ' • 0 CO . .o O In 01 d• O I-. •,.• z r c., r .— r >-( 0 T F ,R m zW o CC Z M N F 56 o 0 4 o O o 0 ,_ N. aa 0 0 • •0 0 0 0 0 z o+ w C/1 Y >s w Es I° F., z c z az L L. c c Z Dom„ 0 0 0 0 Fi rn V• V V V ►^r w ( ` y Q 3 3 - W • W �' 2 Z z.1 N C C o e ([r j C .- ' ' . jn 0 0 0 0 • 47 C Z oC 0 W N W = I:: a - - o A 0 O S N O • g i O r N^ N �]` �" A S8 € N� ak as OhOOCJ0Oocio "l •0 2 $ a 0 0 o 0 �_I m oo p o g�j a 102 0 4-1 .J .+ C: Cr C C1 c rn c o W m V g� - , `. 10 0 N N 4.00 •00 (00 (00m rg c• p N U/ 41 OJ Or O r 0, pm. , 0 V d Y T I. 4- i+ Y 01 01 01 01 as a u b• Si Unr a a ^O.' 0 ' O,-V- I= ,� 05 cwoo w _s . .- 44 a W<53OU ra O`IE 5. INS, 'C o e 0 ` ` t+) P') en e m . C M M t a) x Y 4 aOa a A. E 1,•, a In v in 10 n O rn N ' 0 P=T. 3.'/14'4 1 i O K . 890429 •• • Empire Laboratories, Inc. CORPORATEOFFICE P.0.804 503•(303)484-0359 GEOTECMNICAL ENGINEERING&MATERIALS TESTING 301 N6 Mayes•Fort Coffins,ns,Colorado 0522 December 7, 1988 Total Engineering Services 4415 W. 9th Street Greeley, CO 80634 Re: Lagoon "D" Ft . Lupton, Colorado ELI Project #1474-L Gentlemen: Please find enclosed field density test results obtained from backfill material being placed at the above-referenced project. The field density test results, obtained with a Troxler Nuclear Moisture Density Gauge in accordance with ASTM proce- dures are included on page two. The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "A" is included on page three. Very truly yours, EMPIRE LABORATORIES, INC. Edward /r�, Edward .7. Paas, P.E. Longmont Branch Manager • Colorado Registration #15776 cc: Weld County Waste Disposal, Inc. /pjk Pgo RA IO Branch 016ua �� P.O.Box 16859 P.O.Box 1135 P.O.Boa 1744 P.O.Boa 5650 '•ttL�• ? coloraao SOnnge.0060935 Longmont,CO 60502 Greeley,CO 80632 Cheyenne,NH 82003 '<\ (303)597.2116 (303)776.3921 (303)351-0460 (307)6324224 • / , L Member of Consulting Enron Council 89 429 . • ci • x ]/� V( V> • ` . W ` U 7.'z V T Q 6 LrA 1!f to t.0 to It \f' It UM E KU CI O+ 01 CN CP O O O' CC _ , W a 0 V N N O M lA CO %C Opp9 . E C g �•i 1 01 01 o1 cr., o O4 a' O 0'4 a 1,1 L U . CO Z c c 4 ..4. r 0 M r 1l) r C C /� 0 60 • t�p• • W �4 O O 0 C O C h ' A t1i A o w a w d d to .- CO m in tO sr N C W a 1••i y V 01 ^ T O W . n f'. M . U r r r+ N 4.• h C.. fr-1 4. .. Q C.; c ' Q W G O1 r to N tO M IC la CC . O .� 0 'C rM O a4 0 if A O O Cp M ' C Cr c ,C ti eti t� W 6m v 26: 1C •4 r` ; t o 0 o 0 0 o a o 0 a � �m o 0 0 0 0 •o c q c W Ps J+ E., c:, ., /� o z Fri 2. r. W Q a Z a a a U � 0 0 0 0 z - Co a a - 0 W Cr; 7.7 0 (� - r 4 4- 0 W ;4 0 O Iwo O O wa { tom., OO e i i L c y 0 O 0 C C 0 a W ( Or. L L 0 L O Q G U "} 0 b 'O V 0 .a U v CL "^ W Ev. EwOtt; x O a $ • W 0 0) O 0 • C W 0)0 0) . J .0 L CO LIZ LNa LGN 4 '$ $8q.g r W C r.. O C O Q N f7 0 0 0 C o 0 lA. I-•4 o S 0 = O e LO : 9R 9h 44 C e Oi a. VI G:� 4 O d W +/�+ n .s U 3 .•C N ae C V C V C N ++ ++ C $ C V C = f. 1•Y 1 C (` a t° N Y aJ• 0 • O • 0. N N VI Q0 Z W W W O - 0 . 0- X Cy 'w S U4 0 S Np 0)3 C)W c6 -1 W W 00 01W 0+O W I.. C u 2'4 G U^ ^ k C J V1 J V) J•— CC C1 CC J N J T,.- .+p_ it WNL633v ° co . C� co co _ , t z co Co CO co co', co GO co co . YO o.s, Into O- ± 2 (J O\1 CV 0 O O O O Q A// y c G rel 01 \ \ \ \ \ \ \ \ \ - ♦ Q .. `�.'..... C : .. ^a .C w e N M N 1/40 re co T laldliCi , C a 7.. f z HOC , * * * 890429 • • Lagoon "0" MOISTURE DENSITY CURVE #1 LOCATION OF SAMPLE,_ On-Site Material Sandy Si ty Clay TEST PROCEDURE:.SSJM D 69R-7q "A" MAXIMUM DRY DENSITY: 112.2 PCF OPTIMUM MOISTURE: 14.8% • 11F 1 _ 6 11C } z or r a 1 I I • • 10 12 14 16 PER CENT MOISTURE 890429 EMPIRE LABORATORIES, INC. • • RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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 Wald County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of February, 1989, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Sepcial Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , and WHEREAS, the Department of Planning Services staff recommended that said hearing be continued to allow sufficient time to complete the dike repairs and modifications, and WHEREAS, after hearing the testimony presented, the Board deemed it advisable to continue said hearing to March 22, 1989, at 9:00 a.m. , subject to the following conditions: 1) At all times the freeboard shall be maintained as provided in the original permit; 2) A maximum of 800 barrels of liquid average per day shall be accepted into the facility; and 3) There shall be no reduction in freeboard in Pond C from its present level, so the level in this pond stays low enough to complete the repairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to March 22, 1989, at or about 9:00 a.m. , subject to the above listed conditions. 890131 _ � 890428 • s Page 2 RE: CONTINUE SHOW CAUSE HEARING The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D. , 1989 . .I . 7) p� � " BOARD OF COUNTY COMMISSIONERS ATTEST: / l iu—a `'✓tA.A/ J•" nJ WELD COUNTY, COLORADO Weld County Clerk and Recorder /,"� and Clerk to the Board C.W.`Ki by, CMirman +RY:._ -J,7;, k„ /( ., , a e J h son, Pro-Tem�" D eputy County ' Clerk APPROVED AS TO FORM: Gen . Brantner J / C) ,C7 George Kennedy County ttorney EXCUSED Gordon E. Lacy 890131 890429 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: FEBRUARY 1, 1989 DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET 4 89-3 USR-AIRSTRIP IN THE AGRICULTURAL ZONE DISTRICT - STEVE AND JEANIE BENSON DOCKET # 89-4 USR-AGRICULTURAL SERVICE ESTABLISFI~{ENT (FERTILIZER STORAGE, MIXING, BLENDING, & SALES FACILITY) IN THE A ZONE DISTRICT - PARK FLORAK COMPANY �/J/q�NAME// // ADDRESS HEARING ATTENDING Igdbi l:gipirt`/t0 !V-7 (* (I IJ) rr l? 9:1 Jo •'�:, ��1,/./ t<t�f�)4, ) J l r 4 . 6_0V01Al, dij 890429 DATE: February 1, 1989 CASE NUMBER: ZCH-34 NAME: Howard Duckworth, c/o Weld County Disposal ADDRESS: 7551 Cullagan Road, #100 San Antonio, TX 78229-2861 LEGAL: Part of the f± NW} of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. The Department of Planning Services' staff request that this show cause hearing be continued to allow the operators of Weld County Disposal sufficient time to complete the dike repairs and modifications. 890429 d • HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT 1454 - WELD COUNTY DISPOSAL, INC. A public hearing was conducted on February 1, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson. Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused I Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider the revocation of Special Use Permt #454, which was issued to Weld County Disposal, Inc. , c/o Howard Duckworth. Lee Morrison. Assistant County Attorney, made this matter of record. Mr. Morrison said this hearing was continued from November 16, 1988, to allow the applicant sufficient time to complete the dike repairs and modifications. Keith Schuett, representing the Department of Planning Services, said the staff's recommendation is to continue this matter because the repairs have not been completed at this time. He said the staff does have concerns as to the operator's ability to maintain compliance. Wes Potter, representing the Health Department, said the operator did not complete the repairs before the frost set into the ground. He said he feels it will he another 90 days before the frost will lift sufficiently for all the repairs to be completed. Mr. Potter requested that the Board maintain the restriction concerning the amount of materials which they are allowed to receive at the facility. Tom Cope, of Total Engineering Service, representing Weld County Disposal , Inc. , made his presentation to the Board. Gary Kennedy, site manager of the facility, came forward to answer questions of the Board. After discussion, Commissioner Johnson moved to continue this hearing to March 22, at 9:00 a.m. , subject to the following conditions: 1) that at all times the freeboard be maintained as provided in the original permit; 2) that a maximum of 800 barrels of liquid average per day be accepted into the facility: and 3) that there he no reduction in freeboard in Pond C from where it is now, so the level in this pond stays low enough to complete the repairs. Commissioner Brantner seconded the motion and, after further discussion, it carried unanimously. This Certification was approved on the 6th day of February, 1989. APPROVED: L,. // /� V 4 � o BOARD OF COUNTY COMMISSIONERS ,�„„r. ATTEST: WELD COUNTY, COLORADO Weld County C erk and Recorder (e e Z c C� and Clerk to the Boar C.W. Kirby, Chni an ,l (/ puty County Cloth a•qu J.ii� Joohn ,o Pro-Tom Gene R. Brantner George Kennedy TAPE #89-5 DOCKET #88-48 EXCUSED PL0d4i Gordon E. Lacy 890429 890131 RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 16th day of November, 1988 , at the hour of 9 :00 a.rn. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454, granted to Howard Duckworth, dha Weld County Disposal, Inc. , and WHEREAS, the Planning staff recommended that said hearing be continued to allow sufficient time to complete the dike repairs and modifications, and WHEREAS, the Board deemed it advisable to continue said hearing to February 1 , 1989. NOW, THEREFOPE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to February 1, 1989, at or about 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D. , 1988. mil'^ ) C....! , BOARD OF COUNTY COMMISSIONERS ATTEST: ` /j '4 /4•^. r&W4(tt�,.j WELD UNTY, COLORADO ti Weld County glerk and Recorder AI/ a✓/frith+' and Clerk to the Board Gene R. Brantner, Chairman , .GzGGu )y.gccc ( .:/ C.W., kirby, P9to-Tem geputy county ierk tee L� yttAirtN. APPROVED AS TO FORM: Ta guerre 0on vLeo%)„,co, Gan...a%/�� `.�` r. I �ref ��• L.ate__ . County Attorney � �•�� , Frank Yamaguchi 881103 r 893429 • • HEARING CERTIFICATION DOCKET NO. 88-48 RE: REARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on November 16, 1988, at 9:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro—Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee,D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc. c/o Howard Duckworth. Keith Schuett, Planning Department representative, said that this hearing was continued from September 14 to allow time for certain work to be completed to bring this facility into compliance. Mr. Schuett said the Planning staff recommends continuance of this hearing to allow sufficient time to complete dike repairs and modifications. Tom Cope. of Total Engineering, explained the work that has been done and stated it will require at least thirty working days to complete this project, with weather considerations this could require sixty calendar days. Mr. Cope assured the Board that the facility's intake will continue to be restricted until the project is completed. No public comment was made concerning this matter. Commissioner Lacy moved to continue this hearing to February 1, 1989, at 9:00 A.M. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 21st day of November, 1988. APPROVED: /^/ (I 2., • BOARD OF COUNTY COMMISSIONERS ATTEST: /��L'•4. ( 1.tV i c4ulLGv+rte) WELD NTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boardene R. Brantne , Chairman L Deputy County Clerk C.W. Kirby, Pro-T m a \ni& o que n Jo on corn acy, Frank Yamaguchi TAPE #88-57 DOCKET #88-48 PL0447 881103 890429 • • ATTENDANCE RECORD • PLEASE write or print legibly your name, address and the name of the applicant or Docket * for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: NOVEMBER 16, 1988 DOCKET 1i 88-48 SHOW CAUSE. DUCKWORTH (9:00 A.M.) DOCKET it 88-65 USR-AGRICULTURAL SERVICE ESTABLISHMENT IN A ZONE DISTRICT - DREILING DOCKET It 88-69 SERVICE PLAN-JOHNSTOWN-MILLIKEN PARKS & RECREATION DISTRICT DOCKET # 88-27 ASSESSMENT OF COSTS-NORTHOOR LOCAL IMPROVEMENT DISTRICT DOCKET II 88-68 USR-OIL & GAS SUPPORT FACILITY IN A ZONE DISTRICT-WINDSOR GAS PROCESSING NAME I TAD}}DRESS HEARING ATTENDING \1C7 r I / ' ,c� J C//I)4\.v[.1. 6, 4 gr-6 C! Ji AA. 1 to Ff o t ! in L jl;y/c u�-� eC :5/ c .-c Iy /-I P rJ C ( J7 ] 91 0 / (, c.. 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P,! - 6,9 4iktifijiiii-LcAr ?.,f 1rC--,q,4.:r Id 1),teit 5' cc- 49 eti (7- Jt. 1:M . ,2Ui,33 /ticRr`t "Ti. LhSJA,.'K , '&'-- 4 7 890429 DATE: November 16, 1988 CASE NUMBER: ZCN-34 NAME: Aoward Duckworth, c/o Weld County Disposal ADDRESS: 7551 Cullagan Road, #100 San Antonio, TX 78229-2861 LEGAL: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M., Weld County. Colorado LOCATION: Southeast of the intersection of Weld County Road 12 and Weld County Road 35. The Department of Planning Services' staff request that this show cause hearing be continued to allow Weld County Disposal sufficient time to complete the dike repairs and modifications. 881103 890429 a s RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 14th day of September, 1988, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , on the following described parcel of land: Part of the NW} NW} of Section 12, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board deemed it advisable to continue said hearing to November 16 , 1988 , to allow additional time for the site to come into compliance, and WHEREAS, the Board determined that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level, and WHEREAS, the Board deemed it advisable that the Health Department shall monitor the site twice a week during this period, and WHEREAS, the Board deemed it advisable that it be notified when an engineer's report is submitted concerning this site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit *454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to November 16, 1988, at or about 9 :00 A.M. BE IT FURTHER RESOLVED by the Board that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level. BE IT FURTHER RESOLVED by the Board that the Weld County Health Department be, and hereby is, directed to monitor the site twice a week during said continuance. e ite./�� 7�? ,u . -^!!%«cu ,c'r: .. ©©8 52pp80904t�jj�� .t r..:.L 0429 0 Page 2 RE: CONTINUE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL BE IT FURTHER RESOLVED by the Board that it shall be notified when an engineer's report concerning this site is submitted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1988. /I! j(��`�N � BOARD OF COUNTY COMMISSIONERS ATTEST: WELD�,C UNTY, COLORADO Weld County Clerk and Recorder y /G and Clerk to the Board Gene R. Brantne , Chairman /,‘ C.i4 yr� Tem Deputy County Clerk \ APPROVED AS TO FORM: Ja qu-S, De • nson C %�� _- cry L °�' County Attorney Frank Yamaguchi 880904 890429 S HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on September 14, 1988, at 9:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro—Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, 'issued to Weld County Disposal, Inc., c/o Howard Duckworth. Keith Schuett, representing the Planning Department, stated that this hearing was continued from August 17 to allow additional time for the site to be brought into compliance. He said that a September 12 inspection revealed that one pond, which is not currently being used, is not in compliance. Wes Potter, Health Department representative, estimated that it could take 30 to 60 days for this pond to come into compliance. Gary Kennedy, site manager for Weld County Disposal, explained that natural evaporation is occuring in the pond which is out of compliance, and they will have an engineer out to drill test holes when enough evaporation has occurred. He made further explanations concerning the processes followed at this oil field fluids recycling and disposal site. Mary Trostel, an adjacent landowner, came forward to make comments and ask questions concerning this operation. She submitted photographs into the record. Mr. Potter, Mr. Kennedy and Mr. Schuett responded to her questions and comments. Mr. Kennedy agreed to accept only fluids from Amoco until after the necessary tests have been completed. After considerable discussion, Commissioner Lacy moved to continue this hearing to November 16, at 9:00 A.M., that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level, that the site shall be monitored twice a week by the Health Department, and that the Board shall be notified when an engineer's report is submitted. Seconded by Commissioner Yamaguchi, the motion carried unanimously. 880904 t. t 330429 Page 2 HEARING CERTIFICATION - WELD COUNTY DISPOSAL SHOW CAUSE This Certification was approved on the 19th day of September, 1988. APPROVED: /� BOARD OF COUNTY COMMISSIONERS ATTEST: ‘727 i./ tip WEL , COLORADO Weld County C +rk and Recorder / and Clerk to the Board` ene R. Brantner, Chairman 9eputy County Cle'rk C. . lrb , Pro- em Ja que 3 on G tt . .La . .r�.Yi:, f,.J.Y•. Ji:ISY.r.r Frank Yamaguchi TAPE 1/88-43 DOCKET #88-48 PL0447 • 880904 890429 - • e ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M.) DOCKET # 88-53 USR-AGRICULTURAL SERVICE ESTABLISHMENT - KEITH R. & SHARON L. BURMAN DOCKET # 88-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY & PATRICIA SHUTTS DOCKET # 88-51 USR-RETAIL & WHOLESALE LUMBER BUSINESS, ETC. - NORTHER PRIMING & PRESTAIN, INC. /N E ADDRESS /� .r� HEARING ATTENDING /1, . 0,1•1511 rO/1 pigs cc,C Cfogzi 14 )c a� l h / 1�2. v q lzl C k I Zjl �c.c��t WCl�. 'mod �a }?uu.vLI se ' t�V'S ' ,49ag /P 11 lid-fve • G„r N,,?P,s, z� 1-.... ,..o_,- A e 6 vQ 1lQ / Ai PP c klfrnnlo.... . 07</,‘U //urye763 anti, 7 /1/0, S 2 , . 374a'VI. Ut fps72,42r...21 y��I;�__'X," - 3 3e1 al • I/ha /c e �l(< Gco®% 5/,, 4s �I <; 4- e 44L 'ST ke22:S.t ' UPOI / � ,sfire-A-e-e-y. & -i Yzaaintie-, - � T�� /!/ 3- '215pa II ./S-d #4..M A± Ai/9 - 6 Z% ).?fi n' , le ?4,'A % if/ ef - ccJJ , 11 \\l,,>¢.t, > J.�4:^, . // 7- /714 •5Y &tnitt i, 4 5 l - it to • ern , y Li i5 SDIS " , J 74:nFi:kV /7i?, ,,,_ �(tid d. 7^1 ,,/y7��/ i,e_ie l7 /Li It t Si- R.1ca+Y h pil)ehn P Fn;14-in5toi, ✓� :Jr_t AM)- 211,2�4�'/fYf� .44 a 7 s46.2,1 . J - 1 G4ir it..,.-At,-.r, r9 tit,7Lz tit inn 7'U .3 ea," *r.4A xh A..,., `,--; ' vI,`u µc.. a Al . P .��I}a- “ti- G>ti_ At .,D0x?V, :r�y; i?ai 1,44,,,,,-./14,,...,47 �. �pux 11'RI-0)4W- 144 5O Cfr p 4 't a ,. -n ar.A. - ,� .0.16 f �e'/7 / Zt4t.A.41A_&\ ./r , 2/ '72t ,& (/;7 `.e., ' x tde/1,7 4 I) J''i; %4 '` %- /�rSt '�FY>k P1c' ISU 1 •s l flab... Y`P.l.rnal v • • ATTENDANCE RECORD PLEASE write or print legibly tour name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M.) DOCKET # 88-53 USR-AGRICULTURAL SERVICE ESTABLISHMENT - KEITH R. & SHARON L. BURMAN DOCKET 4 88-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY & PATRICIA SHUTTS DOCKET # 88-51 USA-RETAIL & WHOLESALE LUMBER BUSINESS, ETC. - NORTHER PRIMING & PRESTAIN, INC. NAME ADDRESS HEARING ATTENDING 1dir / rgin / '// y ?�� /"= ,� n flat I. S4,4.,,., •. 'MO s ) *S Kt// firm,,,, §- ,... .3/44„, 3-10429 ® • INSPECTIONS REPORT NAME: Weld County Disposal LEGAL DESCRIPTION OF PROPERTY: Part of the NW'x NWT of Section 12, TIN, R66W of • the 6th P.M. . Weld County. Colorado DATE: September 12, 1988 CASE NUMBER: ZCH-34 The property was inspected to determine if it is now in compliance with the Development Standards for SUP-454. The property is still not in compliance with the minimum 3' of free board on Pond "D". The pond levels have dropped alot and progress is being made to bring the property into compliance. 13//d 4//Gl Keith A. S&`Ciueett Current Planner 890429 0 S WELD COUNTY DISPOSALf INC. 7551 CALLAGHAN RD. STE. 100 SAN ANTONIO, TEXAS 78229 August 26, 1988 TO ALL TRUCKING COMPANY'S Dear Sirs, Effective September 1, 1988, we will temporarily close our facility for incoming brine water until September 19th. We arc sorry for the inconvenience but in order for us to Tt??ntriir. cur current pond freeboard levels, we .Iced this time fcr evaporation purposes. Yours Truly, Howard Duckworth 4/74.1 SEP 2 988 u.. Warn Cn. Mamma; mtmm+s;,a 890429 • Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr. Wes Potter, Mr. Keith Schuett, and myself in a meeting held Wednesday, August 10, 1988, in the Health Dept. offices. Yours Truly, Howard C. Duckworth HD/mw cc Mr. Keith A. Schuett - Planning Dept. Mr. Wes Potter - Health Dept. Mr. Lee Morrison - Asst. County Attorney Mr. Cecil Crowe - Alpha Engineering Mr. Bob Gehler - Attorney for Weld County Disposal Vinton, Slivka, Panasci - Attorneys for Weld County Disposal Mr. Martin Seidler - Attorney for Weld County Disposal 890429 • • LETTER OF AGREEMENT WELD COUNTY DISPOSAL FREEBOARDS & SKIMMING 1. Freeboard - In order to maintain proper freeboard levels, we agree to the following: 1 . If the level of ponds are in danger of freeboard level we will adjust the amount of liquids being taken or within 5 working days close the facility until our freeboard levels are in this desired level. This total figure of evaporation is derived from natural evaporation rates of 1100 barrels a day plus 1300 barrels a day from our sprayer. We will also be adding another section of sprayers in Pond 0, which should increase our evaporation of another 1300 barrels per day. So with 3700 barrels a day max of evaporation we feel very comfortable with our evaporation rates and meeting our freeboard requirements . 2. Also, a concrete pad will be built to place our sprayer on that will totally make sure that all water from spraying unit will be placed back in pond. This concrete pad will be installed within 30 days of acceptance by the Planning Dept. and Health Dept. 3 . A sprayer will be installed in Pond C if the neec arises to evaporate more water than we are evaporating now. POND C 2. Skimming - At the present time there is a small amount of algae & parrafin on Pond C. It represents approximately 5% of our total pond coverage. We have spent many hours with trucks skimming the surface of this pond. We will continue to skim on a monthly basis to keep this material maintained and off our Pond. POND D Skimming - At the present time on Pond D there is no amount of surface skim whatsover in Pond D. Any build-up of any kind will be taken care of in a timely manner; weather permitting. a9O429 • 0 LETTER OF AGREEMENT VOLUNTARY CLOSURE PROCEEDINGS WELD COUNTY DISPOSAL If the Weld County Health Department deems it necessary to temporarily close our facility for non-compliance; we will do the following: 1 . Within 5 working days after notice from the Health Dept. by written or verbal response we will close our facility until we can demonstrate and show that we are in compliance with all standards unless we can demonstrate and or show that we are in compliance within the 5 working days before voluntary closure. 2. If compliance is not made within 5 working days we will temporarily close the facility by; 1. Notifying all trucking company' s of our closure. 2. Receive no liquids , brine, gel or oil fluid related anytime whatsoever. 3. Chain-lock the front entrance to the facility with a sign reading, temporarily closed. All correspondence will be made through the Weld County Health Dept. office or Lee Morrison. Asst. County Attorney. Voluntary closure proceedings will be mutually agreed on by: Weld County Health Dept. Lee Morrison Asst . County Attorney Howard C. Duckworth Owner of Weld County Disposal Bob Gehler Attorney for Weld County Disposal Cecil Crowe Engineer for Weld County Disposal opg.g.T c-. . AUG 2 2 1988 US.----...__.. Weld Cu. %sNW(uC,49 "I, OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELf.•Y, COLORADO 80632 Oidere7,3Cf . L,6 y% 4 N' Z sose Ili 1 ;i .,, ' ; !' • '' t I EXHIBIT : EXHIBIT it &3 t • f at i y per .: rff+l 'M, •v .4 .,rqk w EXHIBIT C • 890429 • AUG221988 August 18 , 1988 Y AT'�ORNEY'Cr` ' "r' 'I Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Co. 80631 Dear Sirs, We have reviewed your letter for the probable cause hearing and the show cause hearing and guarantee that all matters can be taken care of within 30 days of this letter. In response to item 41 of development standard #4 is that we are not taking unauthorized liquids except to the effect that drilling mud was placed in Pond A and a small amount of oil was in this drilling mud. As to our meeting with Mr. Wes Potter and Mr. Keith Schuett on August 10th, 1988 we have agreed to not accept any more drilling mud or any other materials except none other than our own personal B S & D solids in our south end of Pond A. In response to Item #2 of development standard #9 a;, to whether or not the 3 foot freeboard allowance is being maintained on all ponds is that on May 23 we submitted an aeration plan to Weld County Health Dept. and started actual spraying in July. We have had only approximately 45 days of evaporation and Pond D is only inches away from being in compliance. Pond C is well within our freeboard . We feel that within 30 days both Ponds will be well within their freebord levels and will stay there. Attached is a letter of agreement pertaining to our freeboard. In response to item #3 for development standard #11 is that measuring devices are located and visible on all ponds but as the ponds go down they leave a residue on our measuring device and are sometimes not easy to read. In our discussion with Mr. Wes Potter and Mr. Keith Schuett we agreed to put in new story poles designed by our engineer to help accomplish any problems with these measuring devices. Our engineer is drawing up new devices and will submit them to the Planning Dept . with the week. In response to Item #4 of development standart #14 is that our engineer sent a letter to the Planning Dept. on May 23 that all future changes in the facility will be preceeded by 1.ans having been approved by Weld County Health and the Planning Dept. We have not deviated from this in any manner. 890429 I nom% C Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr. Wes Potter, Mr. Keith Schuett, and myself in a meeting held Wednesday, August 10, 1988, in the Health Dept. offices. Yours Truly, H Ward Duckworth 649 HD/mw cc Mr. Keith A. Schuett - Planning Dept. Mr. Wes Potter - Health Dept. Mr. Lee Morrison - Asst. County Attorney Mr. Cecil Crowe - Alpha Engineering Mr. Bob Gehler - Attorney for Weld County Disposal Vinton, Slivka, Panasci - Attorneys for Weld County Disposal Mr. Martin Seidler - Attorney for Weld County Disposal 890429 • • LETTER OF AGREEMENT WELD COUNTY DISPOSAL FREEBOARDS & SKIMMING 1 . Freeboard - In order to maintain proper freeboard levels, we agree to the following: 1 . If the level of ponds are in danger of freeboard level we will adjust the amount of liquids being taken or within 5 working days close the facility until our freeboard levels are in this desired level. This total figure of evaporation is derived from natural evaporation rates of 1100 barrels a day plus 1300 barrels a day from our sprayer. We will also be adding another section of sprayers in Pond D, which should increase our evaporation of another 1300 barrels per day. So with 3700 barrels a day max of evaporation we feel very comfortable with our evaporation rates and meeting our freeboard requirements. 2. Also, a concrete pad will be built to place our sprayer on that will totally make sure that all water from spraying unit will be placed back in pond. This concrete pad will be installed within 30 days of acceptance by the Planning Dept. and Health Dept. 3 . A sprayer will be installed in Pond C if the need arises to evaporate more water than we are evaporating now. POND C 2. Skimming - At the present time there is a small amount of algae & parrafin on Pond C. It represents approximately 5% of our total pond coverage. We have spent many hours with trucks skimming the surface of this pond. he will continue to skim on a monthly basis to keep this material maintained and off our Pond. POND D Skimming - At the present time on Pond D there is no amount of surface skim whatsover in Pond D. Any build-up of any kind will be taken care of in a timely manner; weather permitting. 890429 • • LETTER OP AGREEMENT VOLUNTARY CLOSURE PROCEEDINGS WELD COUNTY DISPOSAL If the Weld County Health Department deems it necessary to temporarily close our facility for non-compliance; we will do the following: 1 . Within 5 working days after notice from the Health Dept. by written or verbal response we will close our facility until we can demonstrate and show that we are in compliance with all standards unless we can demonstrate and or show that we are in compliance within the 5 working days before voluntary closure. 2. If compliance is not made within 5 working days we will temporarily close the facility by; 1. Notifying all trucking company's of our closure. 2. Receive no liquids, brine, gel or oil fluid related anytime whatsoever. 3 . Chain-lock the front entrance to the facility with a sign reading, temporarily closed. All correspondence will be made through the Weld County Health Dept. office or Lee Morrison, Asst. County Attorney. Voluntary closure proceedings will be mutually agreed on by: Weld County Health Dept. Lee Morrison Asst. County Attorney Howard C. Duckworth Owner of Weld County Disposal Bob Gehler Attorney for Weld County Disposal Cecil Crowe Engineer for Weld County Disposal 590429 • • ti4. RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCRWORTH, DBA WELD COUNTY DISPOSAL, INC. 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, the Board of County Commissioners held a public hearing on the 17th day of August, 1988, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal, Inc. , on the following described parcel of land: Part of the NW} WWI of Section 12, Township 1 North, Range 66 West of the 6th P.M. , weld County, Colorado WHEREAS, the staff of the Department of Planning Services requested that this hearing be continued to a later date in order to allow Mr. Duckworth time in which to come into compliance with Development Standards #4 , #9, #11 , and #14, and WHEREAS, the Board deems it advisable to grant said request and continue this matter to September 14, 1988. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454, granted to Howard Duckworth, dba Weld County Disposal , Inc. , be, and hereby is, continued to September 14, 1988, at or about 9:00 a.m. 890429 : ' '-mac 880838 ® • Page 2 RE: CONTINUE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D. , 1988. �� BOARD OF COUNTY COMMISSIONERS ATTEST: .ti �I+� LUId WE MINTY, COLORADO Weld County erk and Recorder &vl'G ginArte— and Clerk to the Board Gene R. Brantner, Chairman • C.W. Kirby, Pr Tem e ty County erk EXCUSED DATE OF SIGNING - AYE APPROVED AS Tn rORM: Jacquel 'ne ohns0 J County Attorney Franc amaguchi r 890429 880838 Y HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 - OIL FIELD FLUIDS RECYCLING AND DISPOSAL SITE - WELD COUNTY DISPOSAL, INC. A public hearing was conducted on August 17, 1988, at 10:00 A.M., with cue fc,siowiug present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated August 3, 1988, and duly published August 10, 1988, in the Platteville Herald, a public hearing was conducted to consider revocation of Special Use Permit #454, granted to Weld County Disposal, Inc., c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, representing the Department of Planning Services, recommended that this matter be continued because, after meeting with Mr. Duckworth, it was determined that the issues in question may be resolved. Wes Potter, representing the Health Department, said the applicant has agreed to a letter of voluntary closure if he does not come into compliance. Mr. Schuett read the letter concerning voluntary closure which Mr. Duckworth has agreed to sign, saying that the Board should receive the letter by August 22, and Mr. Duckworth shall be in total compliance by September 9. No public comments were offered concerning the continuance. Commissioner Johnson moved to continue this matter to September 14, at or about 9:00 a.m. Commissioner Lacy seconded the motion and it carried unanimously. This Certification was approved on the 22nd day of August, 1988. APPROVED: t,/�J BOARD OF COUNTY COMMISSIONERS ATTEST: `�``f�-- WELD , COLORADO � Weld County Cl k and Recorder .�� eg / �h-" '—r and Clerk to the Bo Gene R. Brantner,, Chairman puty County C rk C.W. Kirby, Pro-Te // EXCUSED DATE OF APPROVAL Jacqueli nson G o . cy Frank Y mag hi TAPE #88-36 DOCKET #88-48 P10447 890429 880833 • 0 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: AUGUST 17, 1988 (10:00 A.M.) DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # DOCKET # NAME ADDRESS HEARING ATTENDING 54-4/9 ;4 /q Rdi `rittie v 830129 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 88-48 Weld County Disposal, Inc. c/o Howard Duckworth 7551 Callaghan Road, #100 San Antonio, Texas 78229-2861 DATE: August 17, 1988 TIME: 10:00 A.M. SUBJECT: Hearing to SHOW CAUSE for revocation of Special Use Permit #454 - Oil field fluids recycling and disposal site LEGAL DESCRIPTION: Part of the NW} NW} of Section I2, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not unauthorized liquids are being accepted and disposed of on the site in ponds that are not approved for disposal, which would be a violation of Development Standard #4. 2. Whether or not the 3—foot freeboard allowance is being maintained on all dikes as required by the Weld County Health Department and Colorado Department of Health. If it is not, this would be a violation of Development Standard #9. 3. Whether or not measuring devices are located or visible in all lagoons as required by Development Standard #11. 4. Whether or not the Special Use Permit area has made any changes to the plans and/or Development Standards as shown, without prior approval for said amendments, which would be in violation of Development Standard #14. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff. Deputy DATED: August 3, 1988 PUBLISHED: August 10, 1988, in the Platteville Herald 590429 r e • •'., wr'rtylt nL •d x.. • 4:All'INIS MP Oa an4lievaref. „risen' OY�r Affidavit of Pubticatwn -,«+w a.mkr wit r and N.. `.Obarme el.em Mme r-Coss 9 Clowallosenes M Wail Oa wOslenatnisn dar•e/sll.OaimF.rimttMws` l Ossm. Oat'asN.--!bet en ' is*Ina M "taw .. peons tltOse-t at Isis STATE OF COLORADO tnasrie'stentIsles& , ww+�ar.,br.Wr.. S County of Weld ss. tins tree. asessps 4e1aaaa '` 1 A.Wielder Rlecel of said County of Weld being duly sworn.say al is Y~t that I are publisher of y4Itr'Me SAS S OS is Platteville Herald '„'r`laehdrain es an .s t that, the same L a weekly newspaper of general circulation was .�Mlan I N er on it s sari printed and published in the town of "'replan Is O slag:,bs i e. U tlainAr Arlin*arse SSA 'peel St dna 4 aAAM Inas in said county and state that the notice of advertisement.of which • S SNP Sail" a tam�a Mis the annexed L a base copy has been published in said weekly newspaper for � .991penfcaN:eae..<, UC,tiJa, consecutive weeks: sestalle,fit—alss a!a _ ��..e~'," Nat the notice was published in the regular and entire issue of every m number of said newspaper during the period and time of publication � • of said notice and in the newspapr proper and not in a supplement thereof:that the first publication of maid notice was contained in the issue of said newspaper bearing the date of ftss,taslq„QsirsN. (�'-."- �� A D 1.6-r and the last publication OOLTtlY titaeo 4nf, the issue of said newspaper.bearing date. WM Cady. *Ws the r'l 1 day of f SS ra nee . / 1� � 191-that theheM;MteM said w;le.a7tlls st DAM JMa»M..tam,, .. ( , Qt. 1rsc.l--Q.Q ,aler;ee.was has been published continuously and uninterruptedly during the .:ammo.'ll!M&, ,woe= period of at least Nf(y.two consecutive weeks next prior to the first Willig 1atesse.rasstStaala4 issue thereof containing said notice or advertisement above referred .1N►F__dasell Nee a illiS to: and that said newspaper was at the time of each of the :heelafilli selislitille publications of said nonce duly qualified for that purpose within the ilea ante DO.INae its., meaning of an act entitled, An Act Concerning Legal Notices, :-lee Was WS a,.imass,-1e.. Advertisements Publications and the Fees of Printers and rasela I N a.. ass.a weltPublishers . and to Repeal all Acts and Parts of Acts in et.ew is Pia. Si.pauatr.. Conflict with ona of this 7,1921, all am and ed-by an KL'<laet mh a Z 73'. and 1 , 01. t Sots.err Mj mSS•srad / i/ wear are ar.saa s. m*issithesiSub abed and sworn to before me this dm of ,i;s{ 4landA_a�ew •.r.. JJa�cc Y ____ zsnentriM•aa.a (e"[` . A.D 19 ,beaann ileest.J►,blase, 0 SIMY11N"r ell di.rma,AP r \ MSS Is a.4i.. Ss sli ace alltarirs ik Notary Public SS asa*SS el Osiri • FORT LUPTON par w see .t Seim . mmmee'ti 4i6DonvorAvo. � agssee e.'Iaarlsemb'vleles'N - ee--.. . -anuiner oink. Foft Wpbn,co 80621 aeon ft sew*sow oa•fat it as ass ill arseYv. NeMIkta'Mtiaafaadi010000. My commission expires June 1002 siserteseteesesoesr ants onionsangssoislwenen Wes My Commission oxpiros June 30, 1992 Mss 0•VOISPMEL NNW e,;. ..roti.V9w''WANK. a.r COUNTSCON a IONSIM: r?Q�".79r,i kw • ,.us•tea' J`' '.N. W O3 AND eeCp o t ,-... _ *e1C"C1ie.Cc7.sl) t o-et, ; , 'Siaw.+,`.Wr!•n�.l iM.neyY`I d i•-•",' SIMS•Spy Sw r(•_.: t h. h1, ' h. •,y.... I Affidautt of Publication , , 1 . i STATE OF COLORADO) County of Weld) 53. 1 A. WRINXLER RTFSFT of said County of Weld being duly sworn,say that 1 • am publtsha of PLATTEVILLE HERALD i y .• that the sane la a weekly newspaper of genets 1 circulation was printed and published to the .t� town d •-- "�rh"'rKY n.n... PLATTEVTT.T F in mud county and state;that the notice of.Over-1 na ."amine' usiwrs tblsn'k MT NslbyL' tlaeatent.of which the annexed w a true copy has 1f ins.N Onlen NO•na• maws r mink t1.tta.'.aMse been published in said weekly newspaper foci walla sus 'ossM.richnis► ardlitanot; ,'b• ms►r„wale curia, �/y},� CaMs+w wrq Walt C.,nny, c-\ consecutthe anw i. , Wald Cant). pn Can . niblickniblickseek s: that the notice was published in the aW Csn r,•a.a: 1.s an DSc miss rbairs regular and entire issue of every number of said ae= ,.miredry se ur, 'mss....redo.e ss.i ms newspaper during the period and time of publics- _jN.or.ess;kit.M "tuse.wssassia n wspore s lee s. lion of said DOLce and in the newspaper ,artrtelassal.s n ms.,s.anna 'row•s's'n['.�pyn"s t« si. proper .n.adessis .a►tu.:.r► n.(au.ua_N. M.t.non- IaS, tlm.. and not to a supplement thereof: that the first muss menial as most• - •-a wits se s.nt ROWS.K-.l pubaattion of said notice was contained in the dean Om letttuatt Ed a tua.ay r�wse,� M N yyNm tarA.e of said newspaper bearing the date, the niter.ma rerun sr.w• ,:aramngs-.s•. eime,r.v.nh a,13--A.D.. •'••••diasa,r N saner.. tars Dosymwas t erm wins C.rty lute /0 date of 19 pc; and nW1 NM*na *Sea .nowt al MS N INAna SU Dann,Ur iwmn0,tlu CtM t. ./mbb boa awrla,r„mono... and the last publication [hereof, in the issue of a" Berd Mao Gan be.sal. ."a sune.riwai°s'`"°" said newspaper,beating date.the�day of N Wa N N.°.Sst i win., w net awwunn raa.ttrd..birtrs,ar'Ctrk W -.weds w tward a Naas n .t� . 19k}" that the said ' s'• rawlrMlr .bN.:a aa. •a'�••••'•'•• •f.'Y�tl.vr. vN.a M! .p ' attb Na.n N sat.W tie 4 a sal• PLATTEVILLE HERALD • qrr.rq.gw:°.a Du ►Ww rA°t�i nu "`°°may has been published continoush• and unmter• N..aga" °Seniwy waw.- `sisast mt°Ma.rw a-am . nptedly during the penod of at least fifty-two oa it ALSOKtwwx.rrrs iM t✓ Marrfa:'•ua amil • CoroeCutlte weeks next pride t0 the first Sssue . No.in WrY:Cwmy Mamlt C ra.Van of D.wtaMsns,Bn.. 1 thereof containing said notice or advertisement sunsus as taarIttitt In Ow µ. Yr0 ►N. �:... ... . above referred to:and that said newspaper was sa:M ar:Crib-b ar,laata'N 60AKD d' at the time of each of the publications of said County C•mnwmMxl..wa.a- Cowry dotWlssK)rfrta notice duly qualified for that purpose within the seems,is die„s ?Ines l+.nmw With-o�o0 marring of an act entitled."An Act Concerning taw Garry nr..y rMN creraw av1 tier awl r6URp►tlit , the es. xmcnts and Publicationsereof. DOCKET NO, K CCUMTK CLERK ; and Fees of Pnnters and publishers thereof. and to Repeal all Acts and Parts of Acts in Con- °Art August 17.:..is AND CLR C To THE ROARD Met with the Provisions of this Act" approved .' art °Ken a April 7. 1921 and all amendments thereof.and Tom' MOO A.K'• ass. wa partieulull as amended b• an a ... .wed. abDJRCYt W.r „[.;.MOW W.aara►.t;maw .,.. March 30 923. d an t :ppr.‘e ma 13. •CAW I.nta....a.t.,,.a lime awrrunr a.. PrtrArrtr-tora..bo- -the Penni 1.104.Olt ISO Gala. /1 . �i ...nw.w..,y.•.r .,nr vt....w 4..n d; ubasher bed and sworn to fore me this __ ' � � .'(�� rr • da),o.' A AT) 14 cf. • A" lot,n Pia bile FORT LUPTON PRESS At6Os^we- foR Lupton,SO 80621 '' , My commtsston expire '7'a/1'L ? fit - 890429 ,),�f • • 1 z c � Q - .. 1 m M •lea I. I. IC r q .v on y1' Ll co, 1 I11 I ` it 000 t V W 2 Q C 'a � 4 I � 12'G z� i6 f o r O - . - h � ao 6," f , F 1, hl 1 a 0 .-7 z o -a $ y < OF It Ic Id 'dg dq x E • 0. Er, x g I i - I l ` a E 1 i s a` o - �C Vr, v, i . . ' I¢ 1�2I�o d 1 SIi6I aunt,'mit....mod Sd mi :Mt Complete lame 1 end 2 when ee.ltlarel-eery ose we desired,end oonmiea hes 3 w once 4. Put your Sera i d,."NuTV11N TO"Some on the reveres.145.P.11wve to ddoo eels willltpfnvs..ttthll ' curd from pang returned to you. Th e.turrt •ua if i••th efolkw ::sti.nrango ..Coale .. 0*(40 70 00 NaISO ddr,gawk k For odi lmi ha Mq 1..tmarr for r end gawk boa for.44. oral anra.(d rouaaa . . 1. O snow to Memo delivered,dine,end eeeres ears 2. 0 rMVlerw to rr .,—I'(Exrr w.erryt - tints° IWI. 3. An10l.Addr.wd to: 4. Article 9d' a9. WELD COUNTY DISPOSAL, Ceram INC. Type OfCer C/0 HOWARD DUCKWORTH 0 R Wr•d 0 insured 7551 CALLAGHAN ROAD, #100 D O COD SAN ANTONIO, TX 78229-2861 Cris !a1 . AMmSQY gnepw Of add ress - a pens TP n9J WreeP. 6. Signature—Addr.aee 8. Addrenets Address ONLY if X . requested and fee peat x '7. Cate ieaellev PS Form 3611,?4s.1987 eut .m..S• +curie D0M{TTIG RIITURN nctl r . 890429 rs arr pw„� August 3, 1988 („ girds t AUG trp Board of County Commissioners _ / ' Weld County chteAt 915 10th St. �e°iito. Greeley, Co. 80631 Dear Commissioners, I just received a letter today August 3, 1988 , from Mr. Keith A. Schuett the current planner with the Department of Planning Services concerning a hearing for Weld County Disposal to be held today August 3rd at 9:00 a.m. The letter was written July 26th and mailed to me on July 29th and I just received it today August 3rd. It seems unfair to respond to any public hearings if I 'm not given proper notice. I would like to recommend to the Board of County Commissioners that; Mr. Keith Schuett, Mr. Wes Potter, myself, my engineer and my on site manager meet with each other on August 10th to discuss and take care of these 3 non-compliance items in Development Standards 4, 9, & 14 of SUP-454. I personally feel that all matters can be taken care of with the Planning Department and a recomendation for a Show Cause Hearing can be avoided. We all have made great strides in making Weld County Disposal a much better site since I purchased the facility in 1983 and hopefully we can continue to show and give you our best effort in keeping the site in compliance. Thank you for your time. Yours Truly, /144)444 Howard C. Duckworth cc: Keith A. Schuett Wes Potter Lee Morrison 890429 \(.'.•e' DEPARTMEN. PLANNING SERVICES n (� _ �s G { iR ST-C 1 ED vPc.E`F.-ti. :— L 4 JuLzs•e5 �. ,', ��,et FIRST-CLASS d. ' ' 0 COLO, r s. \i 3,0° 61 75755 8 g ° Mr. Howard Duckworth 8 Weld County Disposal W 8207 Callaghan Road, #325 w San Antonio, TX 78230 w cr w ,pUC; 3 %1441'2ADDRFr&f q /' r k, may,( : �r. -:•.;,..r„,,,.- iyry, W t d r 14 a nut. <�•�l.r��t n. ,,�,.ylvr .' r �h:h , Fri ..�...1��<S 11�.'7r+'rnr2w''•` 1,�,•" '�• y . :j1 fat.• .�tv.. \ti> } : r 4 5111 .. 1 -r 1:::::f :i / , ..C. bbbbbb{ M X. Yw f• f 1 : /t ; f .1 Ad: Vk. - k` 4 !•'r• �.4 • 1 • DEPARSNT OF PLANNING SERVICES ( PHONE(303)3564000 EXT.4400 915 loth STREET • GREELEY,COLORADO 60631 WII'k COLORADO July 26, 1988 Mr. Howard Duckworth Weld County Disposal 8207 Callaghan Road, #325 San Antonio, TX 78230 Re: ZCH-31 Dear Mr. Duckworth: Notice is hereby given that on Augu 3, 988, at 9:00, or as soon thereafter as the agenda of the Board my Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number ZCH-311 for compliance with the Development Standards as approved by the Board of County Commissioners on April 21, 1981. to determine if probable cause exists to hold a hearing on revocation of SUP-454. Inspection by representatives of this office have identified that you are not in compliance with Development Standards 4, 9. and 14 of SUP-454. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully. eith A. Sc utt Current Planner KAS:dn pc Wes Potter, Weld County Health Department 890429 • S RESOLUTION • RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING WELD COUNTY DISPOSAL, INC. - SPECIAL USE, PERMIT NO. 454 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, the Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing for Howard Duckworth, dba Weld County Disposal, Inc. , to determine whether the owner/operator is in compliance with Development Standards 4 , 9 , 11 , and 14 of Special Use Permit No. 454, and WHEREAS, the property on which the violations are alleged to be occurring is described as Part of the NW} NW} of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Howard Duckworth, owner and/or operator of Weld County Disposal, Inc. , was neither present nor represented at this Probable Cause Hearing, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a hearing to Show Cause as to whether or not Special Use Permit No. 454, held by Weld County Disposal, Inc. , should be revoked for failure to comply with the Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Special Use Permit No. 454 , held by Weld County Disposal, Inc. , should be revoked for failure to comply with the Development Standards. BE IT FURTHER RESOLVED that the issues to be considered by the Board are as follows: 1. Whether or not unauthorized liquids are being accepted and disposed of on the site in ponds that are not approved for disposal, which would be a violation of Development Standard *4. v : • ` ,:. 880791 890429 • • Page 2 RE: PROBABLE CAUSE - DUCKWORTH 2. Whether or not the 3-foot freeboard allowance is being maintained on all dikes as required by the Weld County Health Department and Colorado Department of Health. If it is not, this would be a violation of Development Standard #9. 3. Whether or not measuring devices are located and visible in all lagoons as required by Development Standard #11. 4. Whether or not the Special Use Permit area has made any • changes to the plans and/or Development Standards as shown, without prior approval for said amendments, which would be in violation of Development Standard #14. ' BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be August 17, 1988, at 10:00 a.m. and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D. , 1988. BOARD OF COUNTY COMMISSIONERS ATTEST: ‘71)7(244WEL UNTY,Y,y COLORADO Weld County Clerk and Recorder al, it gaillAS and Clerk to the Board .Ge a R. Brantner, Chairman \ y e 12 ' erijr rlfi 4:411J C.W. irby, Pro Tem eputy Count Clerk EXCUSED DATE OF SIGNING - AYE APP OVED FyS TO FORM: Jacque in hn n / r <\ D Go . L y Co1-SSars-le unty Attorney EXCUSED DATE F SIGNING - AYE Frank Yamaguchi 880791 - 890429 PROBABLE CAUSE July 25, 1988 CASE NUMBER: ZCH-34 USR-454 NAME: Howard Duckworth Weld County Disposal 8207 Cullagan Road #325 San Antonio, Texas 78230 LEGAL DESCRIPTION: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M., weld County, Colorado. LOCATION: Southeast of the intersection of Weld County Roads 12 and 35. It is the opinion of the Department of Planning Services' staff that Standards 4, 9, and 14 as approved for USR-454 are not in compliance. - Development Standard #4 is not in compliance. All phases of the Special Review permit are not in compliance with all County and State Health Standards and Regulations. This is indicated in a letter dated April 13, 1988, and a memo dated July 22, from Wes Potter, Weld County Health Department. • Development Standard #9 is not in compliance because the freeboard allowance of 3 feet is not being maintained on all dikes as required by the Weld County Health Department and the Colorado Department of Health. - Development Standard 1114 is not in compliance. The Special Review permit area is not in compliance with the plans and/or Development Standards as shown and no amendments have been approved for such changes. The facility has been accepting unauthorized fluids for disposal. Based upon this information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on August 17, 1988, to consider revocation of USR-454. 890429 • • CASE SUMMARY ZCH-31 Weld County Disposal April 21, 1988 SUP-454 approved. March 25, 1988 Property was inspected by Wes Potter and Lynn Robbio of the Weld County Health Department. It was determined during this inspection that the property is not in compliance with the Solid Waste Disposal Sites and Facilities Regulations. April 22, 1988 The property was inspected by the planning staff. This inspection revealed that the property is not in compliance with Development Standards 2, 4, 8. 9, 11, and 14. May 3, 1988 Violation letter was mailed. May 16, 1988 Letter, dated May 13, 1988, was received from Mr. Howard C. Duckworth. May 22, 1988 Letter, dated May 23, 1988, was received from Cecil R. Crowe, P.E. June 23, 1988 Letter mailed to applicant on minor changes that were approved. July 13, 1988 Property reinspected. The property is not in compliance with Development Standards #4, 9, 11. and 14. July 22, 1988 A memo was received from Wes Potter. The memo indicated that the property is still not in compliance with the Solid Waste Disposal Site and Facilities Regulations. July 26. 1988 Notice of Probable Cause mailed. 890429 • $2,,e1/57 DEPARTMENT OF HEALTH re' 7 1516 HOSPITAL ROAD 1 GREELEY,COLORADO 80631 ADMINISTRATION(303)353.058E HEALTH PROTECTION(303)353.0635 h .' COMMUNITY HEALTH(303)353.063° , M . .�<� ,� ^ Al .� Certified 702 266 298 r gyp..: • COLORADO Legal Action #88-055 April 13. 1988 Weld County Disposal, Inc. C/O Howard Duckworth 8207 Callaghan Road San Antonio, Texas 78203 Dear Mr. Duckworth, Your facility located east of Ft. Lupton, Colorado was inspected on March 25, 1988 by Wes Potter and Lynn Robbio of this Department. The following violations of the Solid Waste Disposal Sites and Facilities Regulations for Surface Impoundments were noted: 1. Evidence of potential serious surface and groundwater pollution. 2. Sludge pumping disposal on site (unauthorized). 3. Non-compliance with design and operation. 4. Liquid surface covered with oils. 5. Integrity of berms have been compromised. 6. Pond free board level exceeded. 7. Deviated from original engineering plans and have constructed and using an unauthorized, unlined pond. Please be advised that the operation of this site is in violation of the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, specifically Section 6.2.2 which states: A. Single layer liners designed and constructed to prevent or restrict seepage from the impoundment to a rate which will not cause impairment of existing or future use of groundwater beneath the site. and C. Class XI impoundment operation plans must contain: t: APR 20 1988 'L1 890429 lea 7hovis. uCwO:Gne • CO Weld County Disposal, Inc. April 13, 1988 Page 2 2. A contingency plan for action to be taken if the quantity or quality of seepage from the impoundment exceeds the approved design limits. The plan shall include the requirement that the operator notify the Health Departments in writing within fifteen working days of the detection of exceedance of the design seepage rate or allowable seepage quality and within forty five days submit a detailed written assessment of the impact of the seepage on the receiving aquifer and proposed remedial action. and section 6.4 which states in part; 6.4.2 Embankments shall be designed to minimize erosion and to withstand all forces from impounded wastes. 6.4.4 The maximum design depth of waste shall be controlled by the permeability of the liner, class design and operation requirements, consideration of the efficiency of evaporation and allowance for a minimum two feet of free board. and section 6.5 which states in part; 6.5 Waste impoundments shall be constructed according to detailed plans and using quality control measures specified In the facility engineering report to ensure attainment of design permeability and prevent mechanical or chemical degradation of liners during construction and active life. USEPA publication SW - 870 (1983) is recommended for general construction guidelines. 6.6.3 The integrity of liners shall be maintained by prevention of damage through uncontrolled or improper discharge of wastes into the impoundment, vehicle traffic. dredging of settled sludge. skimming of oil, maintenance of spray systems or other actions. 6.6.5 All impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other surface scum. Please be advised that you have thirty (30) days from receipt of this letter to bring the operation into compliance with the Regulations pertaining to " Solid Waste Disposal Sites and Facilities". Please be advised that the Regulations provide in Section 2.3.4 that : 2.3.4 If the facility operator fails to respond to the Department violation notice within thirty (30) days, said operator may become subject to statutory and other remedies as appropriate including: 890429 Weld County Disposal, Inc. April 13, 1988 Page 3 1. Fines, imprisonment, or both, under Section 114 of the Act. 2. Temporary suspension or revocation of the certificate of designation under Section 112 of the Act or. 3. If a facility is deemed a public nuisance for violation of the Act or these Department regulations, the violation may be enjoined by a District Court under Section 113 of the Act. Failure to respond and comply will result in appropriate legal action by this Department. Sincerely, 4 Pgtk Wes Potter, Director Health Protection Services WP/taj cc: Marc Ringel, M.D., Medical Director, Weld County Chuck Kozel, M.P.H., Public Health Administrator, Weld County Lee Morrison, Assistant County Attorney 590429 (11• SOLID WASTE FACILITY INSPECTION ` (Surface Impoundments) County 0_,EI�j DATE o3/a5/81 Located in Facility ciJC/ D (ODU%/ .2vspo5r9C, >'t Incorporated Area Location Current Operator �„ , • Sot ' Mailing Address of Operator tie Current Owner (If different) ; 24 (/ X Mailing Address of Owner (All items checked must be explaind in supplemental report) I. ✓ A. Public Health and/or Environmental Hazards V' B. Evidence of Potential for (Serious) Surface Water Pollution 1�C. Evidence of Potential for (Serious) Groundwater Pollution .- D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards _� F. Non-Compliance with Approved Design and Operation Structural Integrity of Dikes Questionable H. Records I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present — B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Minor Spills Around Disposal Area ^� F. Water/Liquid Surface Covered with oil(s) or scum C. Depth Cauges not Present and or Readable _ / H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement __ 3. Other III. Remarks .*rs4-en5rve oil .s- ;ril ON-) Pnnot)( Cv44.fn5ne errfsfelio nn1 1c cT "Si), dl 3'oA)‘&.. t tormpprMi,1r11 'he rill 9 * VSs -f-ha1 S err F of- ra'PY toPe4( .,,e C:ar54-7 4e)kt-PCB dnd IL." r2" n1..Y-If r /)_r N /14 Veit Pnnt/1((Name) PRESENT AT INSPECTION r (Repr enting) —*Akr 76-47 Inspection Engineer/Geologist • • __ 1 I ~ . 4 s s r C . .� �-..1�. ter• r'y_4 •.; PC.*1. sim- r l .:417".1.1“....C.1." Mp r• t r•,,,,,,• • riK Ta•�2�^Y -,,,y.„-.,,,.* r g S r V `� 'e4y✓ " 4e.-.L. Yy••••°;k4..Li{1,hr'i .•1 ti��•vf .,[2 µ .L a.r.r•M1 '^. �� i�v;t' -r .3 �` �v Y 4 i� - I ,+y >. V C T �9M .k r r. .• f'�L�'yy.r4 e.•y rti. .�� '1 il;., 4.‘,.....4,...,cs.it.c... . . • , • . . •• .„.....,.....:..........;,...• ; ....:A.,r M . . - 1. Jj �a • t+, �t.J+rt•' ltik v 'r ySk�' "��.( v Y^irx Csc;w;ti�aw&i+s + ;`.124:: • zk • tit4.4••••• ,44.4--.:.1.•41.7A " ••~':v t ti • . mil' _ V I )r + • M Wh,• .• r 890429 • • • • •C• ` INSPECTOR'S REPORT NAME: Weld County Disposal, Incorporated LEGAL DESCRIPTION OF PROPERTY: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M., Weld County. Colorado. DATE: April 22, 1988 TIME: 3:30 p.m. CASE NUMBER: ZCH-34 After reviewing the Development Standards and case file for USR-$f an inspection of the property was conducted. During the inspection. it was determined that Development Standards 2, 4, 8, 9, 11, and 14 are not in compliance. Standard #2 is not in compliance because interior roads are not graveled. Standard 04 is not in compliance because all phases of the Special Review permit are not in compliance with all County and State Health Standards and Regulations. This is indicated in a letter dated April 13, 1988, from Wes Potter to Weld County Disposal, Incorporated. Standard 98 is not in compliance because flagging devices are not in place, 20 feet apart on all lagoons. Development Standard 09 because the freeboard allowance of 3 feet is not being maintained on all dikes as required by the Weld County Health Department and the Colorado Department of Health. Development Standard #11 is not in compliance because measuring devices are not located in all lagoons. The measuring device located in lagoon "D" was not easily visible at the time of inspection. Development Standard 014 is not in compliance because the Special Review permit area is not in compliance with the plans and/or Development Standards as shown and no amendments have been approved for such changes. The facility has been accepting fluids delivered by Slims Sanitation. These fluids have not been approved for disposal at this facility. Dumping of fluids on the south end of the facility upon the ground have taken place. £ <& Current Planner 890429 , OD DEPAReNT OF PLANNING SERVICES Ile �, PHONE(303)356.4000 EXT.4400 915 70th STREET ,& i/ 11 GREELEY,GOLORADO 8063E rifM1'` Yi':' ..(k4: ii ®.. J '41 ipi 4N� COLORADO • May 2, 1988 Weld County Disposal, Incorporated c/o Mr. Howard C. Duckworth, President 8207 Calloagban Road, e325 San Antonio, TX 78230 Re: ZCE-34 Dear Mr. Duckworth: Personnel from the Department of Planning Services conducted an on-site inspection of your property on April 22, 1988, to determine whether you were in compliant with the Development Standards placed on your property at the time USR-# was approved. The inspection revealed several violations of Development Standards. I have enclosed a summary of the items that appear to be in violation of the foregoing 2, 4, 8, 9, 11, and 14 Standards. You are hereby requested to comply with the requirements of the Development Standards within thirty (30) days from the date of this letter. Failure to ' comply will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines that there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review Permit. If you have information that may clear up this matter, please telephone or write. If you have no additional information, please let me know and I will schedule an appointment with you to discuss the procedures and requirements necessary to resolve this matter. I would recommend you call and schedule an appointment so that I may reserve a sufficient amount to time to discuss this matter with you. Respectfully, /d . U171klie Current Planner Enclosures 890429 4' ; May 13, 1988 • Mr. Keith Schuett Dept. of Planning Services 915 10th Street Greeley, Co. 80631 Dear Mr. Schuett, After reviewing your letter in regards to the development standards of 2, 4. 8, 9, 11 & 14 we will do everything possible to rectify the situation in which you are referring. In response to standard #2 of not being in compliance because of interior roads are not graveled is that the main road to our facility has an oil base with sand and gravel that was provided by Amoco Production approximately 2 1/2 years ago when they drilled two wells adjoining our property. The only road used by the trucking companies is the entrance to our facility where they dispose at our pit. The other roads are the berms of ponds B, C & D and are not traveled hardly at all. Standard #4 is being answered & taken care of by a report from my '- engineering firm to the County Health Department. Standard #8 - We have never been questioned about having flagging devices on our lagoons for ducks because we have never had any $ problem with ducks being on our ponds and the Health Dept. does not feel that flagging will keep ducks away if they ever were a problem. If necessary, we will do whatever it takes to satisfy your department. Standard #9 - The freeboard allowance on our ponds does have a tendency at times to be beyond our 3 feet freeboard, but we are in the process of sending you a designed plan for a spraying system that hopefully will meet your approval. We will not be accepting anymore fluids in pond D until our freeboard is below its desired level. Standard #11 - Measuring devices are located in both ponds C & D. The reason you couldn't read the level marks on pond D was because our monitoring pole was dirty and very hard to read. We will clean these poles or put up new ones, which ever is best. Standard #14 - Please specify as to what is meant by changes that have not been amended. 890429 • S • We have been accepting small amounts of fluid from Slim's Sanitation that consists of water and sand. This •fluid is compatible with what we have been receiving with our other fluids. If this is a problem we will refuse anymore fluids of any kind from Slim' s Sanitation as of this letter. There has not been any dumping of fluids on the south end of our property since 1984 when we were taking all drilling mud and frac gel to that part of the property. We now put the mud in pond B and the frac gel goes in a tank and bled off before going into pond D to avoid oil residue. Please contact me as soon as possible after reviewing my letter and any responses from your office will be taken care of immediately. Yours Truly, 442444--- Howard C. Duckworth Weld County Disposal, Inc. HD/mw 890429 rici.V{D0i(WR 'I MAY i G 1988 ALPI ENGINEEPING CIVIL ENGINEERING • LAND OEVELOPMfNT♦ PROPERTY SURVEYS RECEIVED May 23, 1988 SANITAnON DIVISION r y w 1988 Keith A. Schuett Weld County Planning Department ( 915 10th Street Vic"1D CGLH:IY (HEALTH DEPT. Greeley, Colorado 80631 • RE: Compliance to inspecter's report for Weld County Disposal, USR-545 Dear Sir; I have reviewed the development standards that are not in compliance and recommended the following corrections to be completed in 30 days. At that time a re-inspection of the site is requested. STANDARD #2: Gravel all the interior roads including those around the ponds. STANDARD #4: The soil placed in the dike be removed and a clay core be installed with moisture density control to provide a 10-6" per second permiability with a one foot sand cover to prevent cracking. STANDARD #8: Place flags around the lagoons not more than 20 feet apart to discourage birds from landing on the water surface. STANDARD #9: An aeration system plan has been submitted to Weld County Health and is being submitted with this letter. Standard 1 .e states that "The lagoons may include an aeration system as a part of the operation. ", Construction will begin as soon as the plans are approved. The installation of the aeration system will evaporate 2880 barrels per day to lower the water levels in the ponds and bring the free board into compliance.• . Water will not be added to Pond "D" until the free board is increased to 3 feet. STANDARD #11 : • Staff gauges will be installed in all ponds that do not have one. STANDARD #14 : All future changes in the facility will be preceded by the plans having been approved by Weld County Health and Planning Departments. The above recommendations have been agreed to by the management of Weld County Disposal. \\\� %mvuww„o,„ R.Cq i,. G`�O�STEqO� ,�': Cecil R. Crowe, P.E. & L.S. 12330 �c 12330 ��i��Ct &L...s.c0� 6/7 STN Sr. — P.O, flt 59Z • FORT 'S 7A O�O/PAOO 8062/ arrRO (503/575-5/86 O FORT LUPYOM, d50Y*57-1508 890429 • (10 DEPARTINT OF PLANNING SERVICES ll PHONE 1303)356.40 10 EXT.4400 915 10th STREET GREELEY,COLORADO 80831 \ Tan‘ • COLORADO June 22, 1988 Weld County Disposal, Incorporated c/o Mr. Howard D. Duckworth, President 8207 Calloaghan Road, #325 San Antonio, Texas 78206 Re: 2CH-34 located in part of the NW} NWi of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Duckworth: The Department of Planning Services' staff had reviewed your request to install an aeration system in the lagoons at the Weld County Disposal Use by Special Review site. The staff has determined that the installation and operation of the proposed aeration system would not be considered a major change to the approved Use by Special Review permit provided that the aeration system is constructed and operated in compliance with the letter dated May 31, 1988, from Mr. West Potter, Director of Environmental Health Protection Services. Appropriate building permits for the aeration systems • must also be obtained. If you have any questions, please call or.write. Sincelely, i A. Chue t Current Planner KAS:dn 690429 0 r (� DEPARTMENT OF HEALTH I 1516 HOSPITAL ROAD I\ GREELEY,COLORADO 80631 ADMINISTRATION(303)353-0586 HEALTH PROTECTION(303)3530635 : COMMUNITY HEALTH(303)3530639 COLORADO May 31. 1988 Howard Duckworth Weld County Disposal 8207 Callaghan Road 11325 San Antonio, TX 78230 Dear Mr. Duckworth. This letter is in regard to the Engineer Design Aeration System submitted to this department by Cecil Crowe for Weld County Disposal. The design is satisfactory with the exception of the evaporation rate per day. We have found the evaporation for brine water to have a 8.7% reduction rate compared to pure water. Therefore, the assumed evaporation loss should be 11.3Z. The division recommends approval of the evaporation equipment with the following restrictions: 1. The evaporation system will not be operated in winds of excess of 20 mph. 2. The equipment will be operated in a manner which will assure that the spray falls back onto the the surface of the pond and does not fall outside the pond surface at anytime. 3. The design, construction, and operation of this system will not deviate from the approved design as reviewed and approved. 4. The construction will be inspected and approved prior to operation. If you have any questions concerning this matter please contact this office at 353-0635. Sincerely.rr Wrr60 Wes Potter. Director Health Protection Services cc: Marc Ringel, M.D., Medical Director, Weld County Chuck Kozel M.P.H. , Public Health Administrator, Weld County Lee Morrison, Assistant County Attorney Lynn Robbio, Environmental Health Specialist WP/lr 890429 F1',iJ�' _ .sc� %-•_ J • • RECEIVED i May 13, 1988 �;A,yilAfl^v t."''QQ •' 01,:30 Mr. Wes Potter Dept. of Health �� " '�� =t�• 1516 Hospital Road V tg C...11 L.,• Greeley, Co. 80631 Dear Mr. Potter, The following are answers to your letter sent April 13th, 1988. 1. The evidence of potential surface or ground water pollution has not taken place and our monitoring wells will be pumped and samples taken care of the week of June 16th by Thompson Well Service. 2. Sludge pumping on site was to remove excess paraffin and iron sulfides from the surface of our ponds to take care of the excessive buildup over a few years of the waste. The pumping of this waste was placed on top of plastic lining and cleaned up as of May 2nd, 1988. 3. The design and operation of our facility has not been compromised and we feel that our site is a much better site now than in the previous few years since major rehabilitation has taken place. 4. The surface of pond C from paraffin and iron sulfides has been removed to at least 95% of the total surface cover of our pond. No scum buildup on pond D has taken place. • 5. The integrity of pond C's berm will be tested by Alpha Engineering and a report sent to your office as soon as possible. 6. Our pond freeboard on pond D has at times exceeded our freeboard level and we will not place any liquids in this pond until our freeboard is below our 3 ft. level. 7. The same area that was used in 1984 to close pond A down was used to take care of our removal of waste on pond C. Any use of any area in the future will be approved by your staff and a detailed report of any use of this area will be given to you by our engineer in the future. If anything else need to be taken care of we will be happy to do so. Your Truly, oward C. DuERCerth 890429 Weld County Disposal, Inc. HD/mw • f �, • � ' 4 4•,• ,i t ;•1`a. n ea:4 -'-.!„ :11.."--4,.. 7:!'..art.,'" •:',it.r7.....„,:;,.-,,g%i*,,,.-• ..;.• -.... , a �... f R +,S '�w �• f��`Y ♦r • - �Y T' • '�f,V♦ ;it!."0"1• •y.'---rr ♦` 4h. r y,}"Aq +K Ir 1.y71 r F'ri. �" • I; ��! l•y Yr T rr‘eir 1. a rAso-ktirwirriry44410 .-•Art X11 • • ..1 f k ��I I�r.�i C�1�iriz wt„ �Ai% 1 � \4. -,P: �I1111..:: ♦ nom.. • r 'b • r Y e. J # r J., 4:!....11471.;:.:. T dL 1 • i• Y742/.;‘. '. r‘ t 1 A ta. . Y•• N� .../S? �. •' •14-.,�y_f•�,•j�\�ri��. M `x - . .�I. ....fy 'F f•.ti•...•+ca-sr'rU`"'�'PPtu �y vy, • • S.G i�f , r•' ... I f r4� Y„L�V�y�r fµ �,,,wyaw_• :• "�'( d w S,. .Y' '"'a. r �:r %� y,� r'1.1"',�-J"•-♦RY ~�', Ji (T.lr '-01;.•••'''1 • - ..."4 A.,.. A.,.. �M$+,.j.`�y Vie• Y, 890429 • ?4!�•�, t -a.ti ♦ " ./ ^n �;.\. :,..��:� - r• _s,`.�.C tip . „ _ .j , w �♦ a1 .f yT� INSPECTIONS REPORT NAME: Weld County Disposal, Incorporated LEGAL DESCRIPTION OF PROPERTY: Part of the NW} NW! of Section 12, TIN, R66W of ' the 6th P.M., Weld County, Colorado. DATE: July 19, 1988 TIME: 3:15 p.m. CASE NUMBER: ZCH-31 The property was reinspected to determine if it is in compliance with the approved Development Standards. The property is not in compliance with Development Standards 4, 9, 11, and 14. Development Standard 4 is not in compliance. The operation is not in compliance with either the County or State Health Department's Regulations. Unauthorized liquids are being accepted and disposed of on the site in ponds that are not approved for disposal. See memo dated July 21, from Wes Potter, Weld County Health Department. Development Standard 9 is not in compliance. The 3-foot freeboard allowance is not being maintained on all dikes as required by the Weld County Health Department and Colorado Department of Health. Development Standard 11 is not in compliance. Measuring devices are not located or visibility in all lagoons. Development Standard 14 is not in compliance because the special review . permit area is not in compliance with the plans and/or Development Standards as approved and no amendments have been approved for such changes. The facility is accepting fluids that are not approved for disposal at this site and fluids have been disposed of in Pond A is not an approved pond for the disposal. Five pictures were taken. Keith A. Schuett Current planner 890429 . •� .c.; ____ , ,, 0 igt .vo.- , mERAn®u wipe_ To Planning Department ��no o,,. July 21. 1988 •COLORADO From Wes Potter 9LCCX�/�yU ,aA( 47't/, ctX Subject: Weld County Disposal An inspection of the facility constructed on July 20, 1988 revealed a continuing violation of the Solid Waste Disposal Sites and Facilities Regulations. The facility is continuing to receive an oil based waste material in Pond A at the site. Since the material is unauthorized and since the integrity of Pond A is questionable, I request that your Department schedule a Probable Cause Hearing to present the violation to the Board of County Commissioners. • LJUL22 1988 11 I UL___ Qpp OJV`st1Wf utha. ,.,,,Gang:. RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING WELD COUNTY DISPOSAL - SPECIAL USE PERMIT NO. 454 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, the Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing for Howard Duckworth, dba Weld County Disposal, to determine whether the owner/operator is in compliance with Development Standards 4 and 15 of Special Use Permit No. 454 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the NWO NW} of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Howard Duckworth, owner of Weld County Disposal, was present and represented by Robert Gehler, Attorney, at this Probable Cause Hearing, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Special Use Permit No. 454, held by Weld County Disposal, should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Special Use Permit No. 454, held by Weld County Disposal , should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not this facility is in violation of Section 30-20-102, C.R.S. , and Sections 6. 7 , 6.7.5, 2. 1 , and 2. 1 .4 of the Solid Waste Disposal Site and Facilities Regulations, which by incorporation would be violations of Development Standard #4. //�� / �/ , / '/r� 4,! --`), 0 1 1/ / V� �n"�G1I... _ -�f�,CI"Ju.r^,.L/. -�4J.`7�ht ; J r,r.,. . 890430 Page 2 RE: SET SHOW CAUSE HEARING - WELD COUNTY DISPOSAL 2. Whether or not the facility is in violation of Development Standard #15 regarding compliance by the owner/operator with the Development Standards. 3. Whether or not the owner/operator should he required to present a plan identifying the measures which will be taken to ensure that the uses approved for the property are maintained in accordance with the Development Standards. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 28, 1989, at 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 17th day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: .) WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirb , Ch irman Jaequ ine J hnson, Pro-Tem Deputy Counq--E-441-1 lerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner George County Attorney EXCUSED Gordon E. Lacy IMMO 890430 trie • • DATE: May 17, 1989 CASE NUMBER: ZCH-34 NAME: Weld County Disposal, c/o Howard Duckworth ADDRESS: 7551 Callaghan Road, Suite 100 San Antonio, TX 78229-2861 LEGAL DESCRIPTION: Part of the NW} NW} of Section 12, TIN, R66W of the 6th P.M. , Weld County Colorado LOCATION: Southeast of the intersection of Weld County Roads 12 and 36. The Department of Planning Services' staff and the Weld County Health Department have inspected the property and determined that the uses of the property are not being operated in compliance with the approved Development Standards approved April 22, 1981. The uses of the property are not in compliance with Development Standards 4 and 15. Development Standard 4 states, in part: All phases of the operation shall comply with all County and State Health Standards and Regulations. In a memo dated May 17, 1989, from Lynn Robbio, it indicates that the facility is tot in compliance with the solid waste disposal site and facilities regulations. Development Standard 15 states, in part: The property owner and/or operator of the operation is responsible for complying with all stated standards. The property owner and/or operator has not maintained compliance with all stated standards. Standard 4 is not in compliance at this time. Based upon the information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 14, 1989, to consider revocation of USR-454. Due to the history of noncompliance that has occurred on the Special Review site, the Department of Planning Services' staff also recommends that the owner/operator be required to present a plan identifying what measures will be taken to ensure that the uses approved for the property are maintained. ,..( / tte/e, 890430 et MEMORA(1DUM to weld County CommissionersDete y te. 1989 O wes totter. Director, bnv anvfronmentai YCOtectlna Se es COLORADO F,om Lynn Robbio, Environmental Protection Specialist Weld County Disposaldbk subject: The Weld County Disposal Facility located at Section 12, Township 1N, Range 66W, was inspected by Lynn Robbio and Wes Potter on May 5, 1989. At this time the facility was observed to be in violation of Section 30-20-102 Colorado Revised Statutes. 30-20-102 - UNLAWFUL TO OPERATE SITE AND FACILITY WITHOUT CERTIFICATE OF DESIGNATION - EXCEPTIONS. "(1) Any person who operates a solid wastes disposal site and facility in the unincorporated portion of any county shall first obtain a certificate of designation from the board of county commissioners of the county in which such site and facility is located." The operator had disposed of a liquid oil based waste material in an unauthorized pit on the south side of the property. This action is a violation of Section 1.3. 1 of the Solid Waste Regulations which states "No person shall operate a facility for solid waste disposal, where processing. treatment, or final disposal is performed, at a site located in the unincorporated portion of any county without a certificate of designation obtained from the commissioners of the county." A violation of Section 6.7 of the regulations was also observed. 6.7 states "Operation standards Operation of waste impoundments shall be in accordance with approved plans and the minimum standards of these regulations." An excessive layer of oil was observed to be on Pond C. Section 6.7.5 states "All impoundments operated as evaporative treatment or disposal facilities shall be maintained as free as possible from oil or other surface scum." An excessive amount of spillage was observed around the receiving pit. This is a violation of Section 2.1 which states "Minimum standards All facilities for solid waste disposal shall comply with the following minimum standards of the act:" specifically Section 2. 1.4 which states "A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects. rodents, and smoke; shall provide compacted fill material; shall provide adequate cover with suitable material and surface drainage designated to prevent pending of water and wind erosion and prevent water and air pollution. .." The above noted violations are considered to be significant problems with the operation of the facility. WP/LR/dgc 890430 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST O.F.T. , INCORPORATED FOR VIOLATIONS OF THE WELD COUNTY SUBDIVISION REGULATIONS 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Subdivision Regulations to the County Attorney' s Office, and WHEREAS, O.F.T. , Incorporated is in violation of the Weld County Subdivision Regulations, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against O.F.T. , Incorporated as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against O.F.T. , Incorporated to remedy the violations of the Weld County Subdivision Regulations, 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 party. 72/, 7i Dy6� ;,7, • ' , 6./,� �.c , ,c 890432 ti , Page 2 RE: SUBDIVISION REGULATIONS VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: zafeos WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir y, Ch irman BY: 'L / gu , ine J hnson, Pro-Tem eputy County erk tr e AttAt APPR ED AS TO FORM: .ene R. Brantner (/ ----CA7S-7 George KO n y County Attorney Gordo 890432 t62 MEMORgn®Uf 11111eTo Board of County Commissioners Date May 17, 1989 COLORADO From_ Department of Planning Services SubOct Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal • action against the following parties for violations of the Subdivision Regulations. 'Weld County Subdivision Regulations Violation: 0.F.T. , Incorporated c/o Mr. John Butcher P.O. box 606 Frederick, CO 80530 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890432 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3.2% BEER LICENSE ISSUED TO CARL F. SEALEY, DBA SUPERIOR SUPERETTE - EXPIRES JUNE 26, 1990 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, Carl F. Sealey, d/b/a Superior Superette, has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a County Retail License for the sale of fermented malt beverages, containing not more than 3. 2% of alcohol by weight, for consumption off the premises, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II. , C. , said applicant has paid the sum of $57.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of 3 . 2% fermented malt beverages for consumption off the premises , outside the corporate limits of any town or city in the County of Weld at the location described as follows: 1109 East 18th Street, Greeley, Colorado 80631-6139 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-12 to said applicant to sell 3.2% fermented malt beverages for consumption off the premises, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until June 26 , 1990, providing that said place where the licensee is authorized to sell 3.2% fermented malt beverages shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. / 119(4'2 / ce. , �YJ�, v. r.� 890433 ✓ Page 2 RE: 3. 2% BEER LICENSE - SUPERIOR SUPERETTE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of May, i A.D. , 1989. \2171BOARD OF COUNTY COMMISSIONERS ATTEST: r � WELD COUNTY, COLORADO Weld County &lerk and Recorder G, 24-z.* and Clerk to the Board C.W. Kirby, Cha man BY r� t,peel7l ,L/ èQt Johnson, Pro-Tem Deputy County ' erk yazAt APPROVED AS TO FORM: ene R. Brantne" r G George n edy Lr Ce/4 County Attorney Goat . *at- 890433 F. ,.. _ , q e • t5@ off Co IOr • CO , D - Lofcalal of E°3w !@ • Liquor Enforcement Division 1375 Sherman Street 0 C(c: ' Denver, Colorado 80261 i SEALEY CARL F SUPERIOR SUPERETTE 1109 E 18TH ST GREELEY CO 80631-6139 l E ,I 1. (III: Alcoholic Beverage License );)P ' ! 173;17—' LICENSE EXPIRES AT IIIONIGNT Account Nur.ba/ I COunH City InOyel. ?Me LOON Dele� 14-18989 f 03 057 5411 1 Db2788 , JUN 26, 1990 Typo Normand Deemptcnd Ian I PO NI. J 3.2 PERCENT BEER RETAIL LICENSE S 25.00) NIII (I i LI 1 I jiiiirt• 1 I COUNTY 85 PERCENT OAP FEE S 42.50 I r1111 tout PErts) S 67.50 CI i3 This license is issued subject to the laws of the State of Colorado and especially under the Lprovisions of Tide 12, Articles 46 or 47, CRS 1973. as amended This license is non- i transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 Sherman Street,Denver,CO 80261. i 9 In testimony whereof.I have hereunto set my hand. li I Division Director Executive Director i 97-;—• c IO 1 DR 8402(3.58) MAY 1 6 1989 890433 • • I r�,xi♦ y, •.43'i 111 e:,,,„„„. „i `v( 11O42,\Fe ♦S r,..,lt,♦f1'44\1 I `i` C�..�Y,. 1,{lc`,,,, 'rn f ,. � /f f i,a.♦l Oda ♦ fi 1 1. 544 ^� 11 ;ijii,, 1. 9 r Ye. i•'} ' x ` . 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'sI!t ' li'4`11�,N!r . +\ % M,.. 11�,d �j9'.`, F �ti yyy.f� �y,,\,�+j w. / / : • I'ii '�iiii ...°:', i,/•,,rr� e,:i //.a,i 4 I,yi ..,k1V. i 4fe.4.` 'r' g• kr;Ill i `N'I'I`4C'-3 '4.it it./°4 .,d 40 r I q♦111rrr 7+ ,f$1 x`.J urr.O t 7l Ali 1't rto/�r AAYII v�.hiii,,,,, l�A�,'. .411 P ($I{ ii.Ht r/I'M. di �/lfkl ��l h•Sh d.Iti'}t1` \'��'\ 1 6,//ii. �, ♦ t f•i s ♦ I r , ♦ { li , l ((, l 15 • r r• 3.`.. F /,r r ,$'11c,..,,,.1.:,,•/! .1 .♦*„` r r,o I ! ♦. 1 4 F r r i,,- i rC p ,, ,,r, c,,,rt'if. r t t.,4 ;4 II( N r #. S ISl• .(' n 4'l�ri'i''W,lf, ,,,1fh , R; /� k / I . 6 k iP"v'. )lt � f ',9 qtr,.tiI • .1 .ix Fi( ; ��I/t f♦l l� • �� I T fy. .. >�i rf./ i{7r ^ t ice\ 890433 C2t068 i i ri G1 vi ,, [rnY1 uJ M . a. , r. a ,. 146%41 v , ,r, . A, T Cr< a' t cooxrc I 643. 3 aig1 I. ling [[ kN H -I. C‘ F. St q ?.,o Q1 �1 N N u S° R i ca �lilt 1 i S t g I \ 4 I 'It 1- MCI .,,, 14 ' 1 i PS Form 3800, June 1985 r- fit. F a 2; ri ::: cnn a ;�F.3 C Si 2 at 4 r L;74 44, \� �, i _ O1 U7 rV kj rm 4 n ! K • O • r - 'G I—7; � �W � � Sbt"' x '37 4 ursTT r ,, • v I n• ° . i DATE: 5-3-89 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: CARL F. SEALEY DBA SUPERIOR SUPERETTE 1771 CEDAR AVENUE GREELEY, CO 80631-6145 TYPE OF LICENSE: 3.2% BEER SHERIFF'S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED - 5/2/89. HEALTH DEPARTMENT REPORT: 890433 r ..s..ti • I o ! DR 8400(3/88) ` Colones r�6[�p, . 'ant of Revenue, LIQUOR OR License Number: license type: Liquor Se '"" 3.2 BEER LICENSE • 14,—).f3' ,f Denver,Colorado 80281 RENEWAL APPLICATION ` °l'i"Information: :. 686.3741 vi ^:S7 `i411 1 062.?loci .i-_A L L.Y CAM.. F Business Location: :i.i0tr:LJr; SUPck. TT:: i 1LU9 C 1bTH ST 1771 CtLkrt AVE .,Kr --LEY cp ..le t L Y ,.l7 ,i k o S l-b 14 5 Current License Expires: . % : F JUN 26eL cox" ©U'U l/C© Y ©WY . YOUR PROMPT ATTENTION IS REQUIRED. FAILURE TO COMPLETE THIS FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. eiS FILL OUT THIS FORM COMPLETELY, AND CHECK APPROPRIATE BO BELOW, his renewal reflects no changes from last application. a SIGN THE FORM There we changes from last application.(Report changes on •ENCLOSE TOTAL AMOUNT DUE form DR 8176-*Report of Changes-Liquor and 3.2 Beer •SUBMIT FORM TO LOCAL(CITY/COUNTY)LICENSING AUTHORITY FOR APPROVAL I Irnntat'end attach that lnrm to this rnnnwnt nnnliration) •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES -r--- ---M. • &.4. .- ;';-OA10-OF'APPWCAtIT. . -r-.»_,_.w I doclaro under penalty of perjury in the second degree that this application and el!attachments emcee;coned,and complete to the best of my knowledge. Auth zed Si nature: Dam: Business Phone: is ri-y-- ',,,. --/T-2-,0 3�s'/F % 35&- 9131 Title of Signer(it corporeton):/ Sales Tax No. OWNER 14-18939 SUBMI f THE STATE COPY ANT)LOCAL(CITY/COUNTY)AU I HOHII V t:OPY I(TYOUH L(wAL(CITY/LUUNI V)UCLNSIN(. ` AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local licensing Authority approval and must be returned directly to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY i The foregoing application has bean examined and the premises,business conducted and character of the applicant is satisfactory, and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S, THEREFORE THIS APPLICATION IS APPROVED. 'Local tic.Auth,I.D.No.: Local Licensing Authority for: C TOWN/CITY Weld County LX COUNTY Signature: rule: Chairman. Date: 'r • - `✓ Board of County Commissioners ,3/ rr'j • Attest. ��n� /L.." _ Date: /likildiDo not detach Do not detach Do not detach / Do not tach Do nor delad, Do not detach Do nor de ! L.Ltusutuss.LoriPnon.:-•A ,.."-t-,4,-04-l:-u-T —4-r,,.,_ .-...,_..,. ....... _ , _ _. . g Name/Trade Name: Use lanais Number LIABILITY INFORMATION 'RENEWED LICENSE 0 for AU Reference County_City Indust, Typr lab. Date EXPIRES AFTER G r.. ..L . Y 4, L. r 14-.(;-i:;''i _ S :)7 :41L 1 �•o4 its° v ti-lot-9G 9 W STA It FEE TOITY 65%sQA a CO 85%OAP N. TYPE OF LICENSE ISSUED 414 (•) ass) A , 3 -1 (a) le-1 (g) m S..: ,-/- _c.,7 (;t r S Mci,. .L LIC^rye _ ( 3) 11 It 45e‘:,v b 42.70 r 1 z Co to n to Make check payable ro: COLORADO,DEPARTMENT OF REVENUE TOTAL AMOUNT DUE * $ °7.50 m EX fENDEO HOURS-Applies only to Hotel and Restaurant,Beer and Wine,Club,Tavern.and Extended hours?�n *" In Arts licenses.If desired,check'yes'and enclose Total Amount Due PLUS$170.00. DYES X NO r 9O NOT WR/TEJELOW THIS LINE . • 890433 t.. t .i't-'r' .y M'.h�.M�l.{,.�w�..-..:.i�r��rr.r....�� ..•. , . ...- -_ -'s.r: - r Aa. M ..... ... °"a""elm Attachment to Liquor/3.2 License Renewal Application This page mist be completed end attached to your signed reneari spaced=farm. '&.e . Faaure to include this page plat tide appaoadan may real*byour Novae not bell renewed. Trade Name of Establfshmentr State License Number 1. Do you ham legal posessbn of the premises for which this appkat,n for license is made? MESS ND❑ Are the premises owned or rented? Mc.\!,I', If rented,effectve and expfatbn date of lase: 2. (a) Has the askant,or any of the swetwrs,or officers,stockholders or directors of said askant(a a corporaeon)ever been YES❑ No le convicted of a crime?if answer Is'yes/explain In detail and attach. (b)Hove personslendngassistanceorMMartialstoporttotheapolkant,ormrugei,orrrpbyees,everbeenconnot dofacrnie? yi.,S0 No j if answer is yes:explain In detail and attach ,- 3. Heaths applicant,or any of the partners,or officers, directors or stockholders of said applicant(a a corporatbn)or manager,ever: fa) been denied an alco)ak beverage license? YES❑ ND® (b)had an akphok beverage license suspended or revolted? YES[] NO2 (c)had Merest In rry Heftily that had an*olak beverage license suspended or revolted? YES 0 NO Q If answer is yes'to any of the above questions,explain in detail and atach. • 4. Does or did applicant,or any of the partners,or officers,directors or stockholders of said askant Of a corporation),here a direct YES 0 NO® ...MkdlrectkhterestelanJotharColored)kkeliEeM/pnckillSlimstibrdpm4reicaleiri i tela'at(naowtD`enfkmiieeiN '.:..... . . If If answer Is yes,explain in detail and atacli.- . ' t 5. Identify the persons,firms or corporations vino raw or wit have a fk err cial interest,aidriced either by a loan to,or to*ownership in,the busness for which this license Is requested.State the erns and addresses and the motet and sauce of suchSwt(d bterest(Le.,but Sties,friends,previous owners,etc.),expressed In dolts or other(tens of value,such as hvedory,furniture or equipment.Use separate sheet If necessary. Name Address interest Type and Amount , 771 IN> GCL:i> -:[ 00 6, list on a separate sheet the names and addresses of air Iquor businesses In winch any of the persons in question No.5 are materially interested. 7 °Perk%hinge Address 'Date t girth p r.,. - �.l�,...._ >.. , (�,L iii? 8. gibe ac*ant Is a corporation,answer the foiowip: , (a) Concretion is organized under to laws ct the Stab of Date kKaporated: WI Principal place of bushes,Is: fc) Date of Mg last annual corporate resat to the Cob,Secrete y of Sate: (d) Name of each officer listed below: President Horne Ad:fiiss Date of Beth YcoPres. Horn Address Date of with Treasurer Home Address Dated Bath 1. Secretary - Horne Address Date of Birth .. :. . , , • - (e) Ust as socklolders,5%or over,Of a public corporation)rblldng actual owner or pledgee.(Use separate street If necessary) . Name Address 'Percent of Stock Date of Beth Name Address Percent of Stock Date of Binh Name Maass Percent of Stock Date of Bath •(D Name of a Dirktore/Tnistees of Corporation !Name Address Date of Birth I Name Address Date of Birth 1 _- 8.If appkant is pattnersNp list al general pullers.Use separate sheet If necessary. Name 1Address I Date of Bath i Name Address - Date of Birth 890433 STATE OF COLORADO DEPARTMENT OF REVENUE Slam Capitol Annex 1175 Sherman Sired Donvra,Colorado 00261 Room 600 March 16, 1989 Liquor Enforcement Division Phone: (303) 866-3741 MAR2 01989 Carl F. Sealey Superior Superette 1771 Cedar Ave. Greeley, CO 80631-6145 Re: License No. 14-18989 Expiration: 06-26-89 We are returning the application of Superior Superette for a 3.2% beer retail license. It cannot be filed as submitted for the following reason(s) : No local licensing authority (city or county) approval. Please submit application to your local licensing authority for approval as soon as possible. Your remittance in the amount of $67.50 is being held by the Department of Revenue. If you have any specific questions that have not been answered concerning why the document was rejected, do not hesitate to contact our office. Sincerely, Nit Foster Secretary dr cc: Weld Enclosure(s) 6154c � WHERE EXCELLENCE ADDS UP COLORADO DEPARTMENT OF REVENUE J/ 890433 ££'606S r t moo -r. 1 a O 1n OO OC A0ty � g triR ��I! O iq ii% 71 pa a � C - Q I%g 0 b z VI t'JZ rl a 9 _ .�it _ t 1v tt Ohs r' S f F C` i 7,. ? 1 1O0D \ 1 PS Form 3800, June 1985 J i, 4 O v g..r~O ✓ mo j. m C� ", ' ; u m8 : f� \�M os t HI 1n 0 t+ HJ� K 7m ,y ,y p W TREASURER'S OFFICE,WELD COUNTY pq N2 4173 Greeley,Colorado CPC{/ay O13, RECEIVED OF. .dad ^^/J`'''�j�` $ , ,5/. $14414u.#ird FOR T CREDIT County General Fund 101 0000 So, p t,11.(,. 57 0 Health Department 119 0000 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road& Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund I I School District C R F oppt� 343 School District Bond Fund nd/ 8e7V� FRANCIS M. LOUSTALET L //! _ TOTAL AMOUNT County Treasurer C ir.�d�1: 4..l .59 it RESOLUTION RE: APPROVE ACCEPTANCE OF NOTICES OF CLAIMS OF LIEN 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, the Town of Severance, through its attorney, Don J. Hoff, has certified to the Board of County Commissioners two Notices of Claims of Lien, and WHEREAS, said Liens concern the following described properties: A) Lots 11 and 12 in Block 10 , Town of Severance, Weld County, Colorado, with the reputed owner being Sandra M. Stensaas (Matson) of 241 Second Street, Severance, Colorado. The amount due to the Town of Severance as of March 17, 1988, is $359.00. B) Lots 10 and 11 in Block 3, Town of Severance, Weld County Colorado, with the reputed owners being Genero and Mercedes Garza of 117 Second Avenue, Severance, Colorado. The amount due to the Town of Severance as of March 17, 1988, is $255.00. WHEREAS, after consideration, the Board deems it advisable to accept said Notices of Claims of Lien, and WHEREAS, pursuant to C.R.S. 31-35-617, the County Assessor shall be directed to add said Liens to the Levy to be collected in a manner as though they were part of the general taxes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of weld County, Colorado, that the two Notices of Claims of Lien be, and hereby are, accepted. BE IT FURTHER RESOLVED by the Board that the County Assessor be, and hereby is , directed to add the hereinabove described Liens to the Levy so they may be collected as though they were part of the general taxes. /: Qfi' `k et; (Are-) ' / o'--$n.1 890437 Page 2 RE: NOTICE OF CLAIM OF LIEN - TOWN OF SEVERANCE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989. eti BOARD OF COUNTY COMMISSIONERS ATTEST: ' WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir , Ch rman / \ s BY: v y Ja ne J�son, Pro-Tem Deputy County erk //y741/1 7 alt APPROVED A TO FORM: Cene R. Brantner Georg y_ County Attorney G9 . L 890437 B 1227 REC 02174521 03/27/89 16:17 $3.00 1/001 AK21?V521 F 1798 MARY ANN FEUERSTEYN CLERK & RECORDER WELD CO, CO NOTICE OF CLAIM OF LIEN TO : Sondra M . S' ensad : ( Matson ) Se ii.;d Pie , Sevetnace . .:0 LEGAL DESCRIPTION : Lots 11 and 12 in Block 10 , Town of Severance , Weld County , Colorado . WHEREAS , ,. .. ; o -ado Nev ! sed Statutes n ( -03-617 provides that . he ove h , Hiddy . t • . , . : y w:. i Ca pr oV : des Sewer services to t:C : pl ;'.r . tic.. ,,,';y ' ':pose a , 11':: upon said property for C ': . , ..ne to pay such sewer use:- charges , and WHEREAS . the above-- stated taxpayer has Called to pay sewer charges in the amount of 5359 . 00 , al : of which accrued pros to March 17 , :J"O . NOW , TH Y. . , ,:e To.::. of Se1'c'. ..::cr' ;e:eby ,. . aims a . . ea as set forth In the above referenced statute upon the above- referenced property in the amount of $359 . 00 . Dated this 20th day of March . 1989 . DON j . XOFF . c3.i22 Attorney - Town of Severance 1025 NInth Avenue , *309 Greeley , CO 30631 ( 003 ) 356-6767 STATE OF COLORADO ) COUNTY 07 WELD Subscribed and sworn to before me this 20th dayop°'art04 : 939 , by DON HOFF , Attorney for the Town of Severart4aO °...y0 0.NfvW : t;:ess my nand ..-ac ., C` : . , a : seat . 3 °cis ? %lbit J My' Commission Fxp1res : Jhne 7 , , :992 144,1y/O�� `N 2 is ( ' sJ Ater 890437 AK2174522 B 1227 REC 02174522 03/27/89 16:17 $3.00 1/001 F 1799 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NOTICE. OF CLAIM OF LIEN TO : Ger,ero and Mercedes Garza 117 Second Avenue Severance , CO 8034C L GAL DISCS : " ION : Lots ; 0 and 11 . a B: oek 3 , :own of Sevo . ....:e . Wo: d County . Colorado . WLZREAS , Co : o: ado Revised Statutes 31 - 35 -617 provides that the governing body of a mun cipa : ity which provides sewer services to certain properties may impose a lien upon said property for failure to Pay such sewer user charges , and W ;'.:AS . t bv0 . . .` Spryer tnxpnyer has f(li : e to : ay 'ewe, LhargesIn the , ent or S2 . 33 , a : 1 of which accI ted prior to March 17 , 193'3 . NOW , THERE'-0k2 , the Town of Severance hereby c aims a lien as set forth . n the above referenced statute upon the above- referenced p:'(,;i' : ry . .. the aoaat cf S2: . 00 . ar c,. rhf .. .y .. . ); . c.. . . 20 . DON 3 . HOFF , s3 /2 Attorney - Town of . everance : C25 Ninth Avenue , #309 Greeley . CO 30031 ; 303 ) 056-67S7 STATE or COLORADO ; jss COUNTY OF WELD i Sub vc • : ht l it ti V ) �. :;u f u f. .I. . h J I I �.,.... uo..n•� S14 : C109 , by ,)O \ . ,,. :l y. for the Town of sevp l0�e. ....idt g 3110n - Witness my hand and official sea: . y,o�°1 I My Commissfoa. "spires : June_7 , 1992 in % �ti dj��% � : r Aso ry� . '.,,..,Ill,.\\, 890437 N• .�1 %% I V ,.�. it :I C^; . ., ,..,.73 ..,^ ' ! G F ', t f7 GCMG\ CERTIFICATION 70 "... EC; The Town of Severance , by and through its attorney , DON J . HOFF , hereby certifies to the. Board of County Commissioners of Weld County , Colorado , for collection certain sewer fees as though they were part of the taxes , This Certification is made pursuant to C . F . S . 31-35-617 . The Liens herein certified to the Board of County Commissioners for collection as though they were taxes are on the following described properties ; A , Lots 11 and 12 in Block 10 , Town of Severance, Weld County, Colorado , the reputed owner is Sandra M . Stensaas (Matson ) of 241 Second Street . Severance , Colorado . The amount due to the Town of Severance . 5359 , 00 , as of March 17 , 1983 . B . Lots 10 and 11 in Block 3 , Town of Severance , Weld County . Colorado , the reputed owners are Genero and Mercedes Garaza of 117 Second Avenue , Severance , Colorado . The amount due to the Town of Severance , 5255 . 00 , as of March 17 . 1988 . The Town of Severance hereby requests that the Board of County Commissioners collect the above described sums due to the Town of Severance as though they were part of the taxes pursuant to C . F . S . 31-35-617 . Dated this _ /j$ay of c, 1989 , DON J t :34 71/ Attorney - Town of Severance 1025 Ninth Avenue , :309 Greeley , CO 30631 ( 303) 356-6767 530437 SECOND READING MAY 22, 1989 ORDINANCE 118-I S IN THE MATTER OF AMENDING AND DELETI G PORTIONS OF ORDINANCES NUMBERS 118-G AND 118-H, THE WELD COUNTY PERSONNEL POLICY HANDBOOK, AS AMENDED. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THAT PORTIONS OF ORDINANCES NUMBERS 118-G AND 118-H ARE AMENDED OR DELETED AS FOLLOWS: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado Statute and the Weld County Home Rule Charter, it is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and the Colorado County Home Rule Powers Act, Article 35 of Title 30 , C.R.S. , as amended, and in specific, under Section 30-35-201 (7) , C.R.S. , as amended, to adopt by Ordinance, personnel policy rules and regulations for the County of Weld, and WHEREAS, Weld County Ordinances Numbers 118-G and 118-H, the Weld County Personnel Policy Handbook, as amended, became effective on March 29, 1988, and on June 27, 1988, respectively, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need to amend and delete certain portions of Weld County Ordinances Numbers 118-G and 118-H, the Weld County Personnel Policy Handbook, as amended, and that such amendments to and deletions from said Ordinances are for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County O, ',, Commissioners of* Weld County, Colorado, that the following portions of Weld County Ordinances Numbers 118-G and 118-H, the Weld County Personnel Policy Handbook, as amended, are amended or deleted as follows: Amend paragraphs "D." and "E. " in the Section entitled "Jobs Programs" and found on page 11 of said Handbook, to read as follows: "D. Employment Services of Weld County - The Weld County Dep rtment of Human Resources places people Page 2 ORDINANCE 118-I in various programs including in-school and summer youth, diversion or welfare diversion, etc. " "E. Useful Public Service - This program is limited to individuals required to perform useful public service in lieu of some other penalty. " Add the following paragraph in the section entitled "Exempt Positions" and found on page 13 of said Handbook: "H. The District Attorney for the Nineteenth Judicial District and any and all assistants, deputies, and other employees of said District Attorney." Add the following paragraphs entitled "Drug-Free Workplace" on page 13 of said Handbook, after the section entitled "Sexual Harassment. " DRUG-FREE WORKPLACE In accordance with the DRUG-FREE WORKPLACE ACT OF 1988 , Weld County as a federal grant recipient isakrte required to certify to the granting agency thatWit will ensure a drug-free workplace. Failure to comp with 't.4?. this requirement could result in suspension of the grant payments or termination of the grant payments or both. This requirement presents both a necessity and an opportunity to take immediate action to eliminate drug abuse from the workplace. To that end, the following policy is effective immediately. STATEMENT OF POLICY: It is the policy of Weld County to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during duty hours or on County premises or other work sites where employees may be assigned. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances during non-working time to the extent such use impairs an employee' s ability to perform his/her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of Weld County to the general public or threatens its integrity. Page 3 ORDINANCE 118-I Any employee found in violation of the above-stated policy will be subject to disciplinary action, up to and including termination for a first offense. Excluded are prescribed drugs when used in the manner, combination and quantity intended, unless job performance could be affected. Employees who must use an over-the-counter or prescription drug that causes adverse side effects or may affect their ability to perform work in a safe and productive manner must notify his or her supervisor prior to starting work. The supervisor or manager, after proper inquiry, will decide if the employee can remain at work and what work restrictions, if any, are deemed necessary. Compliance with the above-stated policy is a condition of employment for all employees of Weld County. Further, any employee who is convicted under a criminal drug statute for a violation occurring in the workplace or who pleads guilty or nolo contendere to such charges must notify the County within five (5) days of such conviction or plea. Failure to do so will result in disciplinary action, including termination from employment for a first offense. Employees convicted or who plead guilty or nolo contendere to such drug-related violations are subject to termination and/or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment. Change paragraph "P. " in the Section entitled "Conduct" found on page 14 of said Handbook to paragraph "Q." Amend paragraph "G. " in the Section entitled "Conduct" and found on page 14 to state as follows: "G. Using, possessing, or selling alcohol or other intoxicants, or controlled substances during duty hours or on County premises or other work sites where employees may be assigned, or using, possessing, or selling alcohol or other intoxicants, or controlled substances during non-working time in a manner and to an extent which impairs an employee's ability to perform his/her job or which affects the reputation of Weld County to the general public or threatens its integrity." Page 4 ORDINANCE 118 -I Add the following new paragraph "P." in the section entitled "Conduct" and found on page 14 of said handbook: "P. Loss or suspension of driving privileges in those positions that require a valid driver's license. " Delete all of the third full paragraph found on page 22 of said Handbook and add the following: "In those positions requiring a driver's license, an employee may be suspended without pay upon knowledge by Weld County of an incident in which the license may be revoked or suspended. If the employee's license is not revoked or suspended, the employee may receive back pay. If the license is suspended or revoked for any •erio• , upon administrative hearing or upon conviction o traffic offense or if the employee is determined by the Board of County Commissioners to be uninsurable, the employee will be terminated. " Amend the second full paragraph in the section entitled "Reporting of Injuries" and found on page 34 of said Handbook to state the following: "To be eligible for worker's compensation benefits, an employee must be examined and treated initially by the established Weld County Worker's Compensation primary medical care facilities. These medical facilities will be designated under separate cover and posted in all work areas. An injured employee should inform the provider that the billing for the treatment should be submitted to the Weld County Worker's Compensation Fund. The supervisor will complete an Accident Investigation Report and the injured employee will be required to sign it. The Employer's First Report of Accident form must be submitted to Personnel within 24 hours of the accident. The Accident Investigation Report must be submitted to the Personnel Office within 48 hours of the accident." Delete all of the section entitled "Alcohol and Drug Abuse" and found on page 35 of said Handbook. Amend the first paragraph in the section entitled "Educational Assistance" and found on page 36 of said Handbook to state the following: Page 5 ORDINANCE 118-I "Weld County will reimburse an employee for tuition expenses up to $90. 00 per term (quarter/semester) for job related courses that have been approved in advance. Funds for this program are limited to the amount budgeted each year by the County Commissioners. For this reason, reimbursement is on a first come, first serve basis, and must be approved in advance to commit funds to an employee. For an employee to receive such reimbursement, the following conditions must be met: " Delete all of the paragraphs under the section "Key Elements of the Pay-for-Performance System" and found on page 45 of said handbook, and add the following: "KEY ELEMENTS OF THE-PAY-FOR PERFORMANCE SYSTEM - Key elements of the step approach include: - Five performance levels for employees (entry, qualified, proficient, third-year proficient, and fifth-year proficient) . - Appraisals to be completed at predetermined time-frames." Amend the section entitled "Grandfathering" on page 45 of said Handbook to state the following: "GRANDFATHERING - The basic assumption was that no County employee would receive a decrease in pay due to conversion to the Pay-for-Performance System. Therefore, upon conversion, any employee whose base salary was above the job rate was allowed to retain that base salary upon conversion December 16, 1982 . Theme Board will address grandfathered employees' pay al annually." Amend the section entitled "E. Special: " found on page 51 of said Handbook to state the following: "E. Special: Special evaluations can be done for C praise or reprimand at tht discretion of the department head/elected official. "* 40°— Delete the sections entitled "Pay-for-Performance, " "Bonus Award Elements," "Procedural Steps for Bonus Award, " and "Bonus Awards for Small Departments" all found on pages 52, 53, and 54 of said Handbook. Page 6 ORDINANCE 118-I Amend the first full sentence in the section entitled "Group Health Insurance" and found on page 56 of said Handbook to state the following: "Group Health Insurance: All full-time employees are offered comprehensive major medical health insurance at the current deduction rate for single or dependent coverage designated by the employee. " Amend paragraph "A. " in the Section entitled "Retirement" and found on page 64 of said Handbook to state the following: "A. The employee must call the Personnel Department tot" J schedule an appointment to £ilf*out required forms for retirement. When the employee calls for the appointment, Personnel will request the following information: 1. Last work day 2. Beneficiary 3 . Birth date of beneficiary 4 . Social Security number of beneficiary" Amend paragraph "E. " in the Section entitled "Retirement" and found on page 64 of said Handbook to state the following: "E. Retirements are effective on the first day of the month following the last day worked. " Amend the term "Hourly Employees" under the section "General Definitions" and found on page 65 of said Handbook to state the following: "Hourly Employees: Hourly employees do not receive, nor are they eligible for, any County benefits. They are paid for hours worked only. " BE IT FURTHER ORDAINED that this Ordinance 118-I shall become effective 5 days after its final public notice, as provided by Section 3-14 (2) of the Weld County Home Rule Charter. 1 Page 7 ORDINANCE 118-1 The above and foregoing Ordinance No. 118-I was, on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Chairman BY: Jacqueline Johnson, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: Gene R. Branter George Kennedy County Attorney Gordon E. Lacy First Reading: May 8, 1989 Published: May 11 , 1989, in The New News Second Reading: May 22 , 1989 Published: May 25 , 1989, in The New News Final Reading: June 5, 1989 Published: June 8, 1989, in The New News Effective: June 13, 1989 r 'r A�4, • r l ,, l' 1q • l Al P • • fln�l''Iq Y,w 11fi'•YI1h • 1- elfATs�,„ , , ap SAN U/ 11 , 1 � �b 1 �� it�" - �n !' 1 �", & 14 ,...-''R`. d� 1 1afld4 • ulr " .". \ 1 rrl % k . ti�ar tea ,, tt, . :r :: . <� 0;} 4 "1•jl� . o. M f° -�z sm m i Ilj!IllIIlIlI � �Llll I:11 -%_ �' , ,� `�b H 70 d W r3 IIII II I! IKI •,', r'.r 1 it ,:% In 2 ' ,r+ �m w cm+� o q, II III I III ~ J �`✓ , ' } �, kJ a H 70 -__,,,-:--_-1 . /� ILII�IIIIill"Illl l ' VIII 1 4� >r� �� Y ,. a 'I'll' I Ill l eN r� IIIII III I ,. M, .a1 tip(? 6 : -r p / ,.+ �� I!! I - I III .�"-� F1 � �u�G �•i .:I0 � � A W.=O -_p J�O N �' II�II�II � IIII $rdn� r �35 4%,,,,,, • n -ar0 it::?!//:ti IIIIIIIIIIII'III� IIII I�� s o [*� _m � =Eo- III III � �1'�-�•'fJ }� , • op m ° n ' m e. 0 1 1111 l `�! 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' ,4A",l;ea 'W ; yl .., ,1/F1 ti:„ m�°'{ ,nH ,,Vf sy4,''t ,t v-Ii:4V�.�! p, -') \v-:riv . s�.� 1-1/ , .#46 .✓ \ki/ \'1 :,3, , :[,,tiodt, �11111.Y `V� ,!.,,:�11,i 11k,�.. ��... t�" l fst'iP mEmoRAnDum C. W. Kirby, Chairman To Board of County Commissi oners Date May 22, 1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources !d/n_lt Subject; Purchase of Services Agreement Between Weld County Division of Human Resources' Head Start and Leanna Noonan Enclosed for Board approval is a Purchase of Services Agreement by and between Weld County Division of Human Resources' Migrant Head Start Program and Leanna Noonan, Ms. Noonan will be providing services to address the needs of the Special needs migrant children. These services will include training staff on how to conduct development screenings, providing training to medical staff, visiting classrooms, completing home visits as necessary and providing a minimum of two (2) training sessions for parents. The term of the agreement shall be from April 1, 1989 through September 30, 1989. The reimbursement rate shall be $15.00 per hour. If you have any questions, please telephone me at 353-3816. 'c ' ` J, I D (n , ti f r%S�l Y Fi. "10.%i;,* " A.?L• i,P�P� "� �! -.' - 4c "fro, 44r 3^'� dx lr� 1`a "4"9`J '241 1 v' ;.(4v k :y� h To: Clerk to the Board Fr: Jeannie'- Tacker `ti . . , Re: Purchase of Service Agreement Between Weld County Division of Human Resources' Kp Head Start and Leanne Noonan Enclosed for signature are three copies ir , of this agreement. Please return two rw of them when they',are,signed. key,., If you have any questions, please telephone 0r,. me at 353-3816. Pia 890442 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of May , 1989, by an between the Board of County Commissioners of Weld County. Colorado, on behalf of the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Migrant Head Start," and Leanna Noonan, hereinafter referred to as "Contractor." WITNESSETH WHEREAS, Migrant Head Start is required by law to provide services addressing special needs children, and WHEREAS, the Contractor desires to assist in providing these services, NOW, THEREFORE, in accordance with the mutual benefits, responsibilities and considerations set forth herein, the parties hereto covenant and agree as follows: 1. The Contractor will provide technical assistance in the development of a training manual . 2. The Contractor will train the teaching staff how to conduct developmental screenings. 3. The Contractor will provide pre-service training and follow-up for teaching and medical staff. 4. The Contractor will visit classrooms to observe children and follow-up on recommendations for staff. 5. The Contractor will complete home visits as deemed necessary. 6. The Contractor will provide a minimum of two (2) training sessions for parents. 7. The Contractor will be required to check in and out with each center director so that the number of hours of service per month can be tracked. 8. Migrant Head Start will validate the hours of service submitted each month. 9. The Contractor will be required to submit monthly invoices, documenting the hours of service, to the fiscal officer at Weld County Division of Human Resources, P. 0. Box 1805, Greeley, Colorado 80632. 10. The Contractor will assist Migrant Head Start staff in securing additional services for identified special needs children in the Migrant Head Start Program. 11. The term of this Agreement shall be from April 1, 1989 through September 30, 1989. The maximum reimbursable hours for the period April 1, 1989 through April 30, 1989 shall be 5 hours per week. The maximum 890442 reimbursable hours for the period May 1, 1989 through September 30, 1989 shall be 20 hours per week. Reimbursable hours are actual hours worked at each center or actual hours worked doing home visits, if necessary. No reimbursement will be made for travel time or preparation time. The rate of reimbursement shall be $15.00 per hour. 12. The Contractor agrees that she is an independent contractor and that her officers, employees, and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this Agreement. 13. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, or her employees, volunteers, agents or client while performing functions as described in this Agreement. The Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by its employees, volunteers, clients, and agents. The Contractor shall not be held liable for injuries or damages caused by any negligent acts or omissions of Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, or agents while performing this agreement. The Contractor shall provide workers' compensation insurance for all employees engaged in the performance of this Agreement, as required by the Colorado Workers' Compensation Act. 14. No officer, member, or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 15. Either party may terminate this Agreement without cause by giving ninety (90) calendar days written notice to the other party. Termination may also result immediately upon loss of federal funding to Migrant Head Start. 16. All modifications to this Agreement shall be in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR C. W. Kir y, Ch pman L anna Noonan WELD COUNTY DIVISION OF HUMAN RESOURCES ATTEST: Weld Coun y Jerk and Recorder and Clerk o the Boa Walt . Speckman, Executive Director � Al AA-74-11/ eputy County r X30442 STATE OF COLORADO ) • ) ss COUNTY.OF WELD ) SOCIAL SERVICES CLAIMS THIS I5 TO CERTIFY THAT ALL ACCOUNTING AHD BUDGETING PROCEDURES HAVE BEEN COMPLETED OH THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS 'CLAIMS AMOUNT ADC ADC-U 1V-D OAP AND IRA AB CA 14 MED. TRANS. 689.04 ADM SERVICES CHILD WELFARE PAC DC LEAP • OAP SUBTOTAL OAP SS SUBTOTAL SS GRAND TOTAL 689.04 DATED THIS 22nd DAY OF May , 1989 • • Zed • DiR FLNAN E A I[� ) ,�IIFIlNISTRATION SUBSCRIBED AND SWORN TO BEFORE ME THIS 22nd DAY OF MaV , 1989 . NOTARY PUBLIC MY COMMISSION EXPIRES:My commission Expires June 8, 1990 STATE OF COLORADO ) SS. COUNTY OF WELD ) • WE, THE' BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFORE ARE HEREBY DRAWN UPON THE SOCIAL` SERVICES FUNDS AND CHARGEABLE AS STATED: • ATTEST: \,p,R.� WELD COUNTY CLERK AND RECORDER AND C CLERK TO THE BOARD • BY ,,. cry 6:4-1�c-at) 6 / DEP�1 TY COUNTY CLEIUC\ hA! !, PlenrilT Phr • • • • • • • • • • • • • • • • • • • • • • b D D D A D b b D r Y I. •• 4 Po I- r r r •- Z D D • • • •• •- • • •- •- Cr 9 O o 0 O 0 0 O 0 0 2 A N C 0 0 C C .0 C .0 C m D 0 •- •- 0 O 0 0 0 IT z 0 W N - O 0 CO V 0' N A V 9 n n co co D D D b b 9 Z r C a in m m r D 4 a O m n ti A A D 2 m In A A A M Z N m n b 0 n •- C -+ 0 b -4 Z n w 0 Z Z I O Z C O b O Z A 2 n z N K ; In In -- 9 0 P. 0 4 O m 2 H r n N Z n 1• Z in In A 9 -1 O 4 N Al N n In w • 0 Z N N D P N O O A m O 11D r n Z S. y •I n a 0 0 W a W J1222 N A Z 2 Or CI 0 N N • 0 W W W W W N In CC N MC NI it. .- W O W 0000 • In 2 O 0Z • 0' P O N • N NNN Co O m -- -• •• -- W 2 m O •- G N •' 0 m 111 n • 0 4 •• C • 0 - A m \ m m m 0 A N 0 O 0 m 0 0 0 0 0 0 0 '11 . • • • is N • • r •• r 1• •. 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C Y C D r m a o s A N ?2 Z r in z n C C O N _ I -1 C n O co Z -I 2 m C ,�pp 1 N Y V) N y y D 2 n T C In m m G Y a - Cr K I I r O I I P. C T r I c n m T C �. A I a b C m I n c z r i n w c z a a m 2 -� c m - L C C ,o b ly '� 2 0 lb ,G r y 2 0 C • 1^ I� In L C K I p m L m XI ISM 1 ff C I a A -I `\\r rs 1 • Z G I C A n r 1 ti C n T I C r m CN . n L r w m '0 N1/4.t: - i..., 1! • 2 C 40 - S c a r r z n C C C m z x M. C C • D p w n C S O A G c. C x A L D z P o R, m. c: y a - O 2 in fT 171 C -1 a C P I •• •• n it Cr A a S x 2 04m •• N N C 0 C m N RI T r r . 3 3 A 2 K Ito 2 Co I. C C 2 I D m .p m m S I y 2 m A X! a I I C Z Co • • m o- o • 9 • 0 o 0 5 0 0 0 0 0 • • o 0 • • 0 5 0 S . 5Pc) /s7 l Jess I vL J')^ naaoot9 COMMUNICATIONS ® ' ' r ' (249) INVOICE FOR DAMAGE CLAIM NO. 1095932 -,7..ul to GUST ID : 10650 TO 7!•'=`:." NV DATE: 05/08/89 REF NO: 2 B0A95931 r " `INV:NO: A25611 DETAIL OF DAMAGE: 2 PAIR SERVICE LINE DATE OF DAMAGE : 05/02/89 LOCATION : 11416 0 - CONST IRIS, GREELEY MISCELLANEOUS COSTS : REPAIR OF BURIED SERVICE WIRE $79.62 AMOUNT DUE $79.62 *PAYABLE ON RECEIPT* LATE CHARGES WILL BE APPLIED IF NOT PAID WITHIN 30 DAYS OF INVOICE DATE QUESTIONS, PLEASE CONTACT CLAIMS REPRESENTATIVE DAVE R. JOHNSON ON (307)771-7333 IMIIGSTn DETACH AND RETURN THIS PORTION WITH REMITTANCE COMMUNICATIONS INVOICE DATE: 05/08/89 CUSTOMER ID : 10650 RETURN PAYMENT TO: REFERENCE NO: B0A95931 INVOICE NO : A25611 US WEST COMMUNICATIONS CLAIM NO 1095931 1999 BROADWAY R 1510 SCET 11902193 DENVER, CO 80202 WELD COUNTY ATTN: P.O. BOX 758 GREELEEYY� CO 80632 TOTAL AMOUNT DUE $79.62 AA. - h' C_'. .. WATER LEGISLATIVE REPORT:-/ ii Colorado Water Congress• 1390 Logan St., Rm.312• Denver. Colorado 80403:Ph>;ne?(303)837-0812 Dick MacRavey, Editor May 15, 1989 The first regular session of the Fifty-Seventh General Assembly was declared adjourned sine die on Wednesday, May 10th — The House at 5:15 p.m. and the Senate at 5:23 p.m. As you can see fran the status report on pages 3 and 4, most water related bills have been disposed of one way or another. There are only two water bills of significance that are pending action of the Governor; namely: SB 120 pertaining to well permits for sand and gravel mining; and SB 181 pertaining to water quantity and water quality matters. Both of these bills are supported by the Water Congress; therefore, please write Governor Ramer urging him to sign SB 120 and SB 181. Other legislative actions of interest to the water camrunity were Senate confirmations or Senate refusal to confirm Governor's appointments to certain State Water Boards and Commissions. Specifically, the Senate confirmed the following: * Shirley Phillips Ela of Grand Junction to the Water Quality Control Commission for a term expiring February 15, 1992. * Robert L. Pearson of Broomfield to the Water Quality Control Commission for a term expiring February 15, 1992. * Mary J. Gearhart of Denver to the Water Quality Control Commission for a term expiring February 15, 1991. * Connie H. King of Fort Collins to the Water Quality Control Commission for a term expiring February 15, 1991. * Barbara Green of Frisco to serve as a representative of western slope municipal or industrial water users to the Ground Water Commission for a term expiring May 1, 1992. * Michael B. Smith of Fort Collins to serve as a representative of the South Platte drainage basin outside the City & County of Denver and as a member experienced in water project financing and as a Democrat to the Colorado Water Resources & Power Development Authority for a term expiring October 1, 1992. * Malcolm M. Murray of Denver to serve as a representative of the City & County of Denver who is familiar with its water problems and as a Democrat to the Colorado Water Resources & Power Development Authority for a term expiring October 1, 1992. * David H. Smith of meeker to serve as a representative of the Yampa-White drainage basin to the Colorado Water Conservation Board for a tern expiring May 12, 1992. * James S. Lochhead of Glenwood Springs to serve as a representative of the main Colorado drainage basin to the Colorado Water Conservation Board for a term expiring May 12, 1992. WATER LEGISLATIVE REPORT -2- MAX 15, 1989 • * Leo M. Eisel of Denver to serve as a representative of the City 6 County of Denver to the Colorado Water Conservation Board for a teem expiring May 12, 1992. * David L. Harrison of Boulder to serve as a representative of the South Platte drainage basin to the Colorado Water Conservation Board for a tens expiring May 12, 1991. * David E. Meyring of Walden to serve as a representative of the North Platte drainage basin to the Colorado Water Conservation Board for a term expiring May 12, 1991. Two other appointments by the Governor had different results. The appointment of Robert Tyler Martineau of Gunnison to serve as a representative of the Gunnison- Unoompahgre drainage basin to Colorado Water Conservation Board was re-referred to the Senate Ag Committee. The appointment of Bruce Baumgartner of Breckenridge to the Water Quality Control Commission was rejected by the Senate by a 19 to 16 vote. Attached to this report as pages 5 to 9 is a copy of HJR 1030 pertaining to the interim studies that the Legislative Council will undertake during the summer and fall of this year. As you will note, the study of water is "wide open." As soon as the interim study ccamittees are appointed and the meeting schedule is set, we will send you a report of these actions. CWC 1989 State Laws of Interest The Colorado Water Congress will publish a book containing all water and water-related laws of the first regular session of the 57th General Assembly as soon as the session is over. Since this book will be over 150 pages in length, and paper, printing, postage and labor are significant costs, the price of the book is $50 (CNC members) and $100 (non-members). Distribution will be governed in order of requests. Readers are urged to place their order for the "1989 Colorado Laws Enacted of Interest to water users," as quickly as possible — call or write the Colorado Water Congress, 130 Logan Street, Suite 312, Denver, CO 80203 or phone 303/837-0812. If you have any questions, please do not hesitate to contact us. WATER LEGISLATIVI, R.r:NUh'r —3 MAY 15, 1989 se 1 \o+ono a os rn 000 m CON N\NM 'Ns 1\0 N r y,( CO 4.M \ � N I p1� , � I 101 1 I %0 W pj, I I FF++ OC It CC0 CO C CA CO et0 CO ON C CCO \fA\ �t++11 M% O \~\ \\ 04 CV fec\ \ \ \\ \r ` 1 \ 1 ti 4.45-00.110401 1 .+ 1 ..i .•1 N R I N ., ry1 .4 '01 ON en osOO co co \ (m�\7 co O.N \ \ to co \ - \01 CO 0 ..1 01 01 N C` ' \.\ N Co 1A \ \ CoCOe QM1 Q 0 ffl ON %N. "*".:P \ C \\ c Q m\ C M 8 'C Q W 817 ~M c /'\1 O co ri \ \ ta 8 Sr, 8 8 8 M � �� 8g 8 6:8 1Z 1.+ - a .•1 .. ./ N M 1J V1 '8 , � � � � N y 14 V4 3 y to 1 I:D y?�2 8 2 co :2 - L E ! , E EW W 21 M (� tl a1 Mail tzlilladA CO Co Co Co Co Co Co m OI 01 01 01 O1 01 O1 a a al a a a a a s a 4 - • °' a elij rn 0` 01 01 01 a 0, 01 0%f 01 01 ON 01 aoi i Co Co Co1 Co m m m Co Co m CO Co Co Co N \ \ \ \ \ \ \ \ \ 10 \ \ \ \ 10 10 10 10 0 10 10 10 10 10 Lf1 IN. 1D b N .. C. N N N N N N N N N N N N N 01 III N .. I. J.) B o1 >G 8 O' pI se 41 epp .�8p1 O� OC 4. •.. CVJ ?I lb Fir O•T+ s� a C7. 44+1 ++.f� •r N 17 W A ?r •� 1+ C O >Z N W N f+ Z 0 10 ^+ yy W "t L :?-2.-, •'O}W •.1 GQ 4 .� Q •Y1 C, N d DP, 0 W01.42.0 g I i IN flp: If i ? ca 1 .Z 4a1 Oll p .N. 0 O9 •0' N u1 111 N M NCO It 1m11 '00 ODD Ill .O.I O m 0p 10 00 01 - ..1 .pp-pp1 ri ,r .mm. .pm.�1 el pry, rye g N N CO Co N N N CO N N V1l N 70 WATzri Lnvl6Lai.JE Xi 144 MAY 15, 1989 I 1 a. co N. foi, 6 6 1 6 6 E. i2 R , . ..... m i i cul 1 i H( 1ta I t I t% G 52 4.0 TAN ,,,... CD a�0_ I N N M N 6 CpZ 01 T N as a CA 01 CM co I CO 'app O% C. N .i N •-1 4 c N PG \ ^� Cch o LA V •e S N 8 N N •C� 02. N N 10 V) CO y y .m ��qq ski ' 3 S Clti ooIt4d m 3-4 gg gg ��gggggqqgggiiiiii +t m < W Fi w �.4 aw w AL0Nw 151�'� aJ � 1 & 1 O Or.4 .-+ ..4 .+ N N N .•1 0 O O ,1..1 00 r+ r•1 N N M ti t a W a a a, a a a 4 w a W 03 0 0% v ON 0% a C0%o 0% a a a+ CO CO CO CO CO co co co Cn Co CO ,o w to .n 4o kc is &o .c w Ito b N N N N N N N Ny N N N N C[' VAi AO .�. O Cd , OJ 0 er VI Ma 2 2,D. Q�1 1�� , C1 O ,I y'tl H !9 :Sli hIP II ��0o NJ yyC W A 3 3 8 w C.� ,� 5 m �C 3 �0. CC G 1 i c! I ; ! i w 1 ! !: r IA—i M M .✓1 CO I g M f@ 5-1 @ ta I 1 WATER LEGISLATIVE REPORT -5- MAX 15, 1989 llS NO. •89 0902/1 BY REPRESENTATIVES Paulson and Bledsoe; also SENATORS Strickland and Wells. HOUSE JOINT RESOLUTION NO. 1030 1 WHEREAS, Numerous proposals have been made by members of 2 both houses of this General Assembly for studies of various 3 matters to be made the the Legislative Council during the 4 interim; and 5 WHEREAS, The consolidation of such studies into one joint 6 resolution will provide a more concise and comprehensive 7 method of directing such studies as this General Assembly may 8 approve; now, therefore, 9 Be It Resolved by thf Hose •f Reoresentatives gf tti 10 Fifty-Seventh General Assembly of Ite State Of Colorado, t.,t.te 11 Senate Fpncurrinq herein: 12 (A) That the Legislative Council is hereby directed to 13 appoint committees to undertake the following studies: 14 (1) A study of the tax base of the state and local 15 governments and the relationship of taxes to the long-term 16 economic growth of the state and its communities, including 17 but not limited to the following: 18 (a) Examination of the changing tax burdens on 19 individuals and businesses imposed by the major state and 20 local taxes; 21 (b) Consideration of the changing burdens on the state 22 and local governments in financing the provision of public 23 services to the residents of Colorado; 24 (c) Analysis of the optimum combination of broad-based 25 state taxes and other state and local taxes in the financing 26 of state and local government activities; 27 (d) Identification of future trends which will create 28 financial impacts on the state and local governments within 29 the next ten years and the ability of the tax base of the 30 state and local governments to respond to these trends; and WATER LEGISLATIVE REPORT -6- MAX 15, 1989 1 (e) Examination of the rates, bases, credits, and '2 exemptions of each major state and local tax. 3 (2) A study of higher education financing and planning, 4 including but not limited to the following: 5 (a) The financing of higher education, including the 6 causes of cost increases; present and proposed state funding 7 policies and responsibilities; higher education foundations; 8 and various individual financing mechanisms including: 9 Student loans, prepaid tuition plans, education individual 10 retirements accounts, and other savings plans and financial 11 incentives; 12 (b) A review of tuition rates at Colorado institutions 13 of higher education for both in-state and out-of-state 14 students; the percentage of each higher education budget which 15 comes from tuition; and a comparison of Colorado tuition 16 structures with those of other states; 17 (c) An examination of the role of higher education 18 centers and their relationship to economic development in 19 Colorado; 20 (d) The alignment of higher education priorities and 21 Colorado's work force needs; and 22 (e) An examination of each governing board's central 23 office operating and administrative costs and each 24 institution's administrative staff and costs. 25 (3) Oversight of the adult corrections and criminal 26 justice systems in Colorado, with particular attention given 27 to prison construction and overcrowding and briefings on a 28 regular basis by the department of corrections on the 29 following topics: 30 (a) Requests for additional beds in relationship to the 31 sentencing laws; 32 (b) Overcrowding of county jails and state facilities 33 and the feasibility of privatizing prisons for minimum and 34 medium security units; 35 (c) Post-conviction procedures and alternatives, 36 including diagnostic evaluation, incarceration, intensive 37 supervision, parole, probation, home detention, and community 38 corrections, and the effectiveness of the inmate 39 classification scale (maximum, close, medium, minimum, and 40 community corrections), and whether the scale needs 41 modification; and 42 (d) The effect of drug abuse as a contributing factor in -2- WATER LEGISLATIVE REPORT -7- MAY 15, 1989 1 the commission of crimes, the prevalence of drug abuse in the 2 corrections system, and its continuing impact on the 3 administration of the corrections system. In addition, the 4 committee should examine whether current child abuse laws 5 adequately serve as a deterrent to drug abusers who give birth 6 to drug dependent children and should consider the 7 implementation of a drug test as a condition of receiving 8 probation. 9 (4) A comprehensive study of water resources, water 10 rights administration, water quality, water quantity, and 11 water conservation measures in Colorado, including but not 12 limited to the following: 13 (a) The need for planning to conserve the state's water 14 resources. including ground water resources, and to protect 15 Colorado's compact entitlements; 16 (b) The lengthy state, local government, and federal 17 review processes for issuing permits for the construction of a 18 water resource project; and the need to provide for mitigating 19 the effects of removing water from one portion of the state to 20 another so that appropriation and diversion of water to 21 beneficial use within the natural basins will not be impaired 22 or increased in cost; 23 (c) Whether it would be feasible for the board of parks 24 and outdoor recreation to establish a recreational trails and 25 waters system within the state's water rights laws, without 26 condemnation and with protection for water rights and real 27 property rights owned by others; 28 (d) The facilitation of water lease and exchange 29 projects which benefit various portions of the state; 30 (e) Briefings on pending litigation involving Colorado's 31 interstate water compact agreements; and 32 (f) Monitoring and, if necessary, making recommendation 33 to members of the General Assembly and administration on the 34 impact of drought conditions throughout the state. 35 (5) A continuation of the study of the workmen's 36 compensation system in order to make further recommendation as 37 to its reform, including but not limited to the following 38 areas and issues: 39 (a) Continuing review of the economic impact of the 40 Colorado workmen's compensation system on employees and 41 employers and study of suggested changes to improve the 42 efficiency of the system; 43 (b) The effects of recently enacted legislation as well -3- WATER LEGISLATIVE REPORT -8- MAY 15, 1989 1 as those appropriations made to enable the division of labor • 2 to change the system's administrative structure and the 3 division's capability to maintain and process data 4 electronically through improved computerization; 5 (c) The provision of temporary and permanent disability 6 benefits to injured workers, methods to improve employers' 7 experience ratings and consequent insurance costs through 8 education and risk management programs, the delivery mechanism 9 for those programs, certification of employers for discounted 10 premiums, and incentives to fulfill statutory requirements; 11 and 12 (d) The conduct of a performance review of the division 13 of administrative hedrirgs with respect to the services the 14 division provides to the division of labor in hearing matters 15 arising under the "Workmen's Compensation Act of Colorado", as 16 directed by Senate Bill No. 195. enacted at the 1989 regular 17 session. 18 (6) A study of independent governmental authorities 19 created by, or whose creation is authorized by, state 20 statutes, including but not limited to the following specific • 21 topics: 22 (a) The citizens' ability to influence policies of the 23 governing boards of the authorities and the extent of 24 accountability of boards to their appointing authorities, to 25 the constituencies they are appointed to serve, and to the 26 general public; 27 (b) The amount of financial indebtedness created by the 28 authorities and whether the debt could, for any reason. become 29 the responsibility of the state or any of its political 30 subdivisions in the event of the financial difficulties of the 31 authorities; 32 (c) The authorizat;on for creation of the governmental 33 authorities, the parameters of their activities, the means of 34 dissolution, and the appointment of members, their terms of 35 office, and methods and reasons fu r their removal; 36 (d) Whether the authorities are acting within their 37 statutory directives; 38 (e) Whether the authorities are sLSject to periodic 39 financial audits and performance review evaluations and the 40 adequacy of such cudits And rev;ews; dnU 41 (f) A review of rederal government policies or 42 directives that affect the operation, proceses, or decisions 43 of the authorities. -4- WATER LEGISLATIVE REPORT -9- MAX 15, 1989 1 (B) That it is the intent of the General Assembly to 2 authorize studies for the purpose of identification of 3 problems, development of recommended solutions, and 4 preparation of legislation to implement such recommendations. 5 The President of the Senate and the Speaker of the House of 6 Representatives shall appoint members of the General Assembly 7 to the committees established pursuant to this resolution. 8 The Legislative Council shall have authority to establish 9 priorities for the assignments made to each committee 10 appointed pursuant this resolution, to establish the 11 parameters within which such committees shall function. and to 12 review the necessary bills to carry out all recommendations 13 resulting from the studies directed by this resolution. The 14 Legislative Council shall also have authority to appoint 15 subcommittees to study topics as needed during the interim and 16 to direct that staff assistance be provided to such 17 subcommittees. Any subcommittee appointed by the Legislative 18 Council shall be considered as an interim committee, and the 19 members thereof shall be entitled to receive compensation as 20 specified in section 2-2-307 (9) (a), Colorado Revised 21 Statutes. The Legislative Council may provide for the 22 appointment of nonlegislators to serve on any of such 23 committees and may provide for the reimbursement of their 24 expenses in serving on such committee, but such nonlegislators 25 shall not be entitled to vote. 26 (C) That the Legislative Council shall report its 27 findings and recommendations to the Second Regular Session of 28 the Fifty-seventh General Assembly. 29 (0) That all expenditures incurred in the conduct of the 30 studies enumerated in this resolution shall be approved by the 31 chairman of the Legislative Council and paid by vouchers and 32 warrants drawn as provided by law from funds allocated to the 33 Legislative Council from appropriations made by the General 34 Assembly. -5- Cv.� ,#•ny r WATER LEGAL NEWS Colorado Water Congress • 1390 Logan St.. Rm.312 • Denver, Coloradg130?O3•Phone: (303) 837-081: • Editor, Greg Hobbs May 15, 1989 1. The Colorado Supreme Court (Justice Lohr) has upheld an award of attorneys' fees against an applicant and his counsel in a due diligence case. The conditional water right for which due diligence was sought was limited to surface water diversions in the amount of .555 cfs. The applicant and his counsel sought to rely on pump testing of a WP11 for a showing of due diligence. The conditional water right decree in question specifically specified the Smith Fork River as the source of supply and limited diversions to surface water. The Smith Fork is a "highly over-appropriated stream system" and "the 1980 priority date awarded would make the water right subject to curtailment nearly every year." But the water court, when it entered the conditional decree, found that no injury would occur to other water users if the 1980 surface right were exercised in priority. Reliance on a well was not allowed as a demonstration of due diligence for the conditional water right because a plan for augmentation had not been provided and intercepting groundwater instead of surface water would constitute a change of water right. The court reiterated that the statutory requirement for a quadrennial showing of due diligence is for the purpose of preventing the accumulation of conditional rights which may be detrimental to those who can make an immediate beneficial use of the same water. The purpose of requiring a quadrennial showing of diligence to maintain a conditional water right "is to prevent the accumulation of conditional water rights without diligent efforts to complete the projects to the detriment of those needing and seeking to make immediate beneficial use of the same water." Accordingly an applicant for due diligence must prove "an intention to use the water, coupled with concrete action amounting to diligent efforts to finalize the intended appropriation." $tanding alope, activities to "promote the future development" of a conditional water right will "not be sufficient to support a finding of reasonable diligence." The Supreme Court held that the drilling of a well was not sufficiently related to the original surface water Water Legal News -2- May 15, 1989 appropriation and could not serve as the requisite proof of due diligence. We conclude that the water court was correct in evaluating Talco's application for a quadrennial finding of reasonable diligence based on the proposed appropriation set forth in the original decree. Because Telco did not appeal the decree provisions limiting its diversions to waters in the stream, it could not divert underground water pursuant to its conditional decree unless and until it obtained a change of water right. Such a change could be granted only if it would "not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right." The Supreme Court also upheld the Water Court's award of attorneys' fees against the applicant and his attorney, under a Colorado statute which authorized the award of attorneys fees as a sanction when the legal action lacks "substantial justification. " The water court found that Telco had no basis for assuming that a test well to determine the presence of ground water demonstrated diligence in developing a conditional water right that was expressly limited by judicial decree to diversions of surface water. Under these circumstances, the trial court did not abuse its discretion in awarding attorneys' fees. (Telco. Lt¢. v. , Danielson, 769 P.2d 468, Colo. 1.989. ) 2. In another attorneys' fee award case, the Colorado Supreme Court (Per Curiam) has determined that the State statute which provides for the award of attorneys' fees against a person who violates an order of the State Water Engineer is not unconstitutional. The court ruled that the statute does not constitute a denial of equal protection of the laws, because it is reasonably related to a legitimate governmental interest (i.e. allowing the State to collect attorneys' fees when it must bring an action to enforce orders of the State Engineer) . The statute does not provide a reciprocal right to attorneys fees for persons who successfully defend an action by the State Engineer but the lack of reciprocity does not make the statute unconstitutional. (Danielson v. Plank, 765 P.2d 570, Colo. 1988) . 3. The Colorado Supreme Court (Justice Erickson) has ruled that an expired well permit cannot support an application Water Legal News -3- May 15, 1989 for a conditional water right. The Court also said that the filing of a Statement of Beneficial Use does not prevent a court from inquiring into whether beneficial use actually has been made. Actual beneficial use, rather than the mere filing of a Statement of Beneficial Use, is the touchstone to perfecting a well permit. The applicant in the case before the Court had tested the wells but had not actually applied water to beneficial use before the well permit expired. constructing a well, of itself, does not constitute a beneficial use of water. Colorado's statutory water law scheme is • designed in part to ensure that water is put to its earliest possible beneficial use. Beneficial use refers not only to merely taking steps to obtain water, but to actually using the water to accomplish the purpose for which it was appropriate. Beneficial use is not a goal which can be met by merely paying lip-service to the words by filing a beneficial use statement, but it is a concept that requires an applicant to take affirmative action and apply water to a beneficial use. The Supreme Court said that a Water Court is without jurisdiction to grant a conditional decree for underground water when beneficial use of the water has not been made during the time the well permit is in effect (one year, plus extensions granted by the State Engineer, pursuant to statutory law) . An application for a conditional water right for groundwater must be supplemented by a valid well permit before a decree may be entered. Colorado law provides that, where water has been put to beneficial use before the permit expires but evidence of beneficial use has not been submitted to the State Engineer because of "excusable neglect, inadvertence, or mistake" an applicant shall have an opportunity to submit the required proof when the State Engineer notifies him by certified mail that he has filed to submit evidence of beneficial use. The Court said this provision was inapplicable where groundwater has not been put to beneficial use before expiration of the well permit. The class of persons this statute is designed to protect is those applicants who have put water to beneficial use, but because of some type of neglect, mistake, or inadvertence, have failed to notify the state engineer. Because Milne never applied his water to Water Legal News -4- May 15, 1989 beneficial use, he does not fall within this class. Had the state engineer given Milne the required notice, Milne could not have availed himself of the statute since he never put water to beneficial use prior to the permit's expiration date. In addition, the Court held that the State Engineer notice requirement, which was enacted in 1977, could not be used to "retroactively" revive permits which had expired prior to the statute's passage. (Danielson s., Mi)rp, 765 P.2d 572, Colo. 1988) . 4. In a contest by the cities of Westminster and Thornton against Broomfield, the Colorado Supreme Court (Justice Kirshbaum) agreed with Broomfield that a carrier ditch may sell water to persons other than pre-existing contract consumers of ditch water. The carrier ditch had declared a forfeiture of nine inches of water when previous contract consumers failed to pay assessed carrying charges for a long period of time. Westminster and Thornton argued that forfeited water must first be made available to existing contract consumers before it can be sold to another. Broomfield, the purchaser of the forfeited water, had acquired an ownership interest in the ditch but was not a pre- existing contract consumer. The rival cities who were contract consumers alleged a breach of fiduciary duty by the owners of the ditch. The Court observed that there are fundamental differences between a carrier ditch "organized to transport and deliver water for hire" and mutual ditch companies which are "organized to transport and deliver water to the members of the mutual ditch company." A carrier ditch company may satisfy its responsibility of putting diverted water to beneficial use by contracting with third parties, subject to constitutional and statutory requirements. When such third parties cease to put the water to beneficial use, the company must again arrange for the beneficial use of the water. From this perspective, the right to arrange for the beneficial use of diverted water resembles a corporate asset. If the company does not take steps to ensure continued beneficial use of the water, the company could lose that asset. The Court said that a contract consumer has a "constitionally protected right to continue to put the water Water Legal News -5- May 15, 1989 subject to such contract to beneficial use." The protection afforded to the contract holder is "measured in part by the terms of the contract defining the conditions of purchase and delivery of the water." However, said the court, there is no constitutionally protected right in a contract consumer to acquire additional rights to put other water in the ditch to beneficial use. While a carrier ditch company is a "quasi-public entity with quasi- fiduciary duties to its ccrtract consumers in setting rates and in permitting such consumers to exercise their rights" on an annual basis, there is no duty on the part of the carrier ditch to offer available water in the ditch to existing contract consumers. we reject the argument that the quasi- fiduciary responsibilities of a carrier ditch company to its contract consumers include the duty to make available to all such consumers any water previously decreed to the ditch and declared forfeited because of non-payment of assessment charges. Absent some constitutional or legislative prohibition, the company may discharge the responsibility of ensuring that the water continues to be put to beneficial use in any manner authorized by charter, by law or agreement. The Court concluded that contract consumers do not have any preferential right over the rights of owners of the company with respect to re-allocation of water previously used by other contract consumers. (City of w_pstminster v. City of Broordield/ 769 P.2d 490, Colo. 1989) . 5. The Colorado Supreme Court (Chief Justice Quinn) has declared the abandonment of six early twentieth century placer mining water rights on tributaries to the Arkansas River. The water rights fell into disuse after the downstream cities of Pueblo and Canon City obtained an injunction against the mining operation for pollution of the Arkansas River. On June 24 , 1912, the district court enjoined Twin Lakes Placers "from any activity by which placer mine tailings or debris might be discharged, placed or conveyed into the Arkansas River." Upon the entry of the injunction Twin Lakes Placers never sought a modification of the decree, as it was authorized to do, and ceased its mining operations. Its license to do business in Colorado was suspended by the Secretary of State on September 27, 1915. Subsequently, the hydraulic mining equipment and structures for diverting and using the water deteriorated to the point of being totally unusable, and the mining properties went to tax sale. Water Legal News -6- May 15, 1989 Although nonuse alone cannot establish intent to abandon, continued and unexplained nonuse for an unreasonable time can give rise to a rebuttable presumption of abandonment. x x x Nonuse can be manifested by conditions inconsistent with active use of a water right. Such conditions include failure to make beneficial use of water, failure to repair or maintain diversion structures, vacation of the land on which the water right had been used, failure to defend legal challenges to the water rights, and failure to pay taxes on the land. Nonuse can also be shown by the sporadic use over a long period of a substantially smaller quantity of water than that originally decreed . . . The Court said that non-use resulting from economic difficulties, with the hope of a more favorable economic climate, does Y14t constitute a justifiable excuse. Nor will an expressed desire to place land and related water rights on the market for sale establish a justifiable excuse. "Speculation on the market, or sale expectancy, is wholly foreign to the principle of keeping life in a proprietary right and is no excuse for failure to perform that which the law requires." Upon abandonment of a water right, the water originally decreed belongs to the stream and is subject to appropriation by others. If the former owner of an abandoned water right initiates a new appropriation, the priority of the new water right will be based on the date of the new appropriation- Any attempt by the former owner to claim a priority relating back to the priority date of the former right is of no avail. The Court also said that, in a tax sale conveyance, it is presumed that water rights do not pass with the land unless there is an "express reference in the treasurer's deed to water rights or a Clear indication in the circumstances attending the conveyance that the transfer of water rights is intended." (Southeastern Colorado Water Conservancy District v. Twin Lakes Associates- P.2d , Colo. Sup- Ct. No. 87 SA 243, announced March 13, 1989) . 67cL - Highway r��sr, r r� � �6 Colorado Department of Highways :� • CSC , 4201 E. Arkansas Ave. Denver, CO. 80222 10 i;; �0 ,C For More Information: 757-9228 *89-19 MAY 11. 1989 ref "ADOPT-A-BRIDGE" IN DELTA COUNTY The Colorado Department of Highways is looking for a new home for the historic Delta Bridge. Located in Delta County, the bridge is being advertised for adoption under the Department's "Adopt-A-Bridge" program. The Delta Bridge. is a four-span, rigid-connected, eight panel steel Parker through truss located over the Gunnison River north of Delta. Built in 1923 by Grand Junction contractors Winterburn and Lumsden for $99.309, each span is 150 feet long with an overall length of 608 feet, and a roadway width of approximately 20 feet. The cost of relocating one span of this bridge is estimated at between $85,000 and $115,000 (relocation of the entire four spans would cost between $340,000 and $460.000) . OVER — r.. k I Highway News Page 2 Proposals for the relocation of the bridge will be reviewed with first preference to plans which would relocate and preserve all four spans. Preference will also be given to plans which would abide by preservation covenants and to plans which would relocate the bridge without long term storage. If there are no acceptable offers which would meet these requirements, the structure may be transferred without preservation covenants. A grant of $70,000 ($17.500 per span) will be awarded to recipient(s) agreeing to abide by the preservation covenants. Potential recipients must submit a written relocation plan detailing the proposed use and new location of the bridge as well as the resources available to assure future maintenance. If storage of the bridge is necessary, details of the storage area and security measures should be provided. Proposals will be accepted until July 15. For more information, contact Sally Pearce, Office of Environmental Review and Analysis, Colorado Department of Highways. 4201 East Arkansas. Room 284. Denver, CO 80222 or call (303) 757-9786. The Colorado Department of Highways' "Adopt-A-Bridge" program has been in effect since 1985. To date, six historic bridges have been saved under this program. The bridges have either been left in place for use as pedestrian crossings or will be moved to new locations. Eight other historic bridges have been advertised but no recipients found. These bridges have been or will be demolished. CONSTRUCTION HAZING ACTIVITY FOR ' Y 11 BRF 550-2(17) U.S. 350 NORTH OF RIDGWAAY U.S. 550 realignment and bridge replacement in Cutely county which includes grading, aggregate base course, hot bituminous pavement. plant mixed seal coat, drainage, bridge, striping, topsoil, seeding. mulching, and guardrail, beginning about seven miles north of Ridgway and extending half a mile north. Number of bidders: Six (6) Apparently successful bidder: $976,177 from Kiewit Western Co. of Littleton Calls for completion within: 110 working days Preconstruction Project Manager: Chuck Lee. Resident engineer: Keith Durfee, Durango -- more -- Highway News Page 3 9XIR 34-007Q-03 1-70 IN ELBERT CQUNTY Interstate 70 resurfacing for eight miles west of Cedar Point interchange in Elbert county, consisting of hot bituminous pavement overlay, plant mixed seal coat, signing, striping. seeding and mulching. Number of bidders: Nine (9) Apparently successful bidder: $1,135.691 from Asphalt Paving Company of Golden Calls for completion within: 50 working days Preconstruction Project Manager: Dean VanDeWege Resident engineer: John Goetzcke, Limon SR 0067(3) S.H. 67 SOUTH O! DIVIDE Resurfacing 5 1/4 miles of S.H. 67 in Teller county south of U.S. 24 at Divide, consisting of heating and scarifying treatment, hot bituminous pavement overlay, plant mixed seal cost, guardrail. signing and striping. Number of bidders: Five (5) Apparently successful bidder: $475,368 from Kiewit Western Company of Littleton Calls for completion within: 25 working days Preconstruction Project Manager: Ed Hier Resident engineer: Duncan Watwood, Colorado Springs IR 76-1(148) X-76 AT U.S. 85 IN ADAMS COUNTY Phase I of Interstate 76 bridge rehabilitation which includes timber shoring, located on southbound 1-76 at U.S. 85 in Adams county. Number of bidders: Six (6) Apparently successful bidder: $61.361 from Technology Constructors, Inc. of Arvada Calls for completion within: 15 working days Preconstruction Project Manager: Glen W. O'Brien Resident engineer: Bernie Paiz, Denver -- over -- Highway News Page 4 DIDCQ TO BE OPENED ADD: MAY 25. k0:45 A.M. . rebuilding half a mile of North Third Avenue in Sterling between West Main St. and West Broadway, which includes grading, hot bituminous pavement, storm sewers and curb and gutter, in Logan county. MR 8625(1) . 11:00 A.M. , wooden sound barrier fencing along the Denver-Boulder Turnpike (now U.S. 36) between Zuni St. and Broadway, consisting of clearing and grubbing, seeding, mulching. topsoil, aggregate base course, hot bituminous pavement, drainage. and guardrail, in Adams county, combined projects CX 12-0036-20 and FCU 036-1(36) . 11_:15 A.M. . refurbishing thermoplastic pavement marking in various counties in and around Denver, at locations including Interstate 25 south of Orchard Road to C-470; U.S. 36 at various locations between Broadway and S.H. 121; U.S. 40 from Youngfield St. to Sheridan Blvd. and Yosemite St., to Buckley Rd. : S.H. 391 from U.S. 285 to the Federal Center: and S.H. 88 (Federal Blvd. ) from Yosemite St. to Clinton St. , MP 99-6000-40. N7W: JUNE 1. 9:30 A.M. , new Kipling St. construction in Arvada for half a mile near 58th Avenue and Ralston Road, consisting of grading, storm sewer, hot bituminous pavement, signing. striping, lighting, signalization, topsoil, seeding and mulching, in Jefferson county, IXM-M 1115(15) . CONTRACTS mamma Road/ Bid Contract Proitrey Street Descri top Awarded t. Opening Awarded M 1377(2) Pecos St. Intersection Flatiron 4/27/89 5/8/89 CC 12 1377 01 at 64th Ave. Improvements Structures in Adams Company county $1,983,030 Award Goals DSC 11.5% Committed DIM 19.57% wan. Cars''. gAtIONAL WATER RESOURCES ASSOCIATION o '„ '/ 955 L'ENF INTPLAzq NORTH BLDG.,Saw. WASHINGTON,D.C.20024 (202)488-0610 e, i0 i . _ ._ . . .. nm wtt NATIONAL WATER LINE Oiallailtsesa MAY 1989 REILLY FLEXES MUSCLES ,, ,(4,7,";, ATTACKS TWO FORKS AND FRIANT „ : `' F environmental groups. The letter proposed 404(0) determination in detailed their objections to the the Federal Register. The EPA must project and urging him to start allow 30 to 60 days for public com- proceedings under Section 404(c). ment and may hold public hearings, Section 404 of the Federal Water After this period, the EPA Regional Pollution Control Act (Clean Water Administrator either withdraws the Act) establishes a permit process for intent to veto or transmits a veto the discharge of dredged or fill recommendation to the EPA Admin- material into navigable waters, The istrator. The Administrator i3 then Chief of Engineers, acting on behalf required to consult with the William K. Reilly of the Secretary of the Army, is Secretary of the Army and has 60 authorized to grant such permits for days to affirm, deny, or modify the EPA Administrator construction activities involving request for a veto. The Administrator navigable waters of the United is then required to publish his final States. This authority is routinely decision. If the Administrator vetoes In three short months William K. delegated to the District Engineer. the project, the process ends and Reilly, Administrator of the U.S. Section 404(c)of the Act provides a the project is stopped. Environmental Protection Agency mechanism for the EPA Administra- In Reilly's March 24 statement, (EPA), has left no doubt in anyone's tor to veto any 404 permit issued by announcing his intent to begin the mind that he intends to be a strong the Corps of Engineers Should he 404(c) veto process, he cited as his advocate for the environmental lobby determine that issuance of a permit reasons those issues brought to his in Washington, ^will have an unacceptable adverse attention by leaders of the major effect on municipal water supplies, environmental organizations. TWO FORKS DAM shellfish beds and fishery areas, In a recent letter to Mr. Reilly, On March 24,the Administrator an- wildlife or recreational areas? Colonel Steven G. West, District flounced his Intention to Initiate The 404(c) process calls for the Engineer of the Omaha District, U.S. review of the proposed Two Forks EPA Regional Administrator to ad- Army Corps of Engineers, defended Darn and Reservoir project on the vise the District Engineer and the his decision to issue the permit for South Platte River In Colorado, as applicant of the intent to veto the Two Forks and pointed out over 30 provided in Section 404(c) of the permit. The applicant and the Corps instances where the information Clean Water Act, then have 15 days to consult with presented to Mr. Reilly in the March 9 Mr. Reilly's decision to initiate the EPA and propose changes to the letter from the major environmental seldom used "veto" provision of the project scope or increase organizations was "inaccurate, dis- Act was, In part, prompted by a mitigationeffORS. If EPA remains toiled or misstated." meeting and subsequent 8-page unsatisfied with the proposed letter arch 9 from several national changes, EPA publishes the Continued on page 2 Continued from page 1 resolving federal interagency dis- available for $87.50. A free copy of agreements concerning proposed Blueprint for the Environment, the As previously indicated,the 404(C) major federal actions that might document prepared by a coalition of process is seldom used. In addition, cause unsatisfactory environmental major environmental organizations, this is the first Instance where an effects, will be included with your Order, For Administrator has, in effect, overuled The disagreement in this case is more Information, please contact: a decision by a Regional Admin- over the renewal of long-term water Betty Farley, Environment Commu- istrator to concur with the issuance of Supply contracts in California's nications, 6410 Rockledge Dr., Suite a 404 permit. Central Valley (see March 1989 203, Bethesda, MD 20817, 301- Project proponents were quick to National Water Line). 571.9791. react to the Administrator's an- Several national environmenal nouncement. organizations, supported by EPA, In a joint statement, Denver's Mayor contend that such contract renewals WATER POLICY Pena and Water Board President constitute a "major federal action CONFERENCE Pascoe expressed their disappoint- significantly affecting the quality of ment with the Administrator's the human environment" and there- The Lincoln Institute of Land Policy decision to initiate the veto process. lore require the preparation of an and Water Strategist, a publication of Pena and Pascoe expressed their Environmental Impact Statement. Stratecon, Inc., are cosponsoring hope that, "all responsible local The Solicitor of the Department of "Western Water Policy in Transition: elected officials, including the the Interior argues that 1956 Emerging Issues in Law, Economics, Governor and our Congressional amendments to the Reclamation and Finance," a water resources Delegation,will join in convincing Mr. Projects Act of 1939 do not allow the management conference discussing • Reilly that he has made an unfortu- Secretary sufficient discretion in how legal, economic, and financial nate mistake in determining that this renewing the contracts to constitute regimes are changing to meet corn- . critical decision be made by a new a major federal action. peting demands for available water, Administrator in Washington, DC who The Council accepted the referral of Many of the leaders in western water is not at all familiar with the record and the Friani contract issue and sched- policy will be on hand to share their the process that has gone on for tiled public hearing for April 13 in expertise and experience. The these past eight years at a cost to Washington, DC and April 17 in meeting will be held June 8, 1989, at local water entities in excess of $40 Fresno, CA. the Santa Fe Hilton, Santa Fe, NM. million." At the hearing in Washington, DC Registration is $200 prior to May 15 In Washington, DC, NWRA's the Council heard testimony from and $250 thereafter. For more in- Executive Vice President, Thomas F. several members of Congress, envi- formation on registration and the Donnelly, criticized Mr. Reilly's action ronmental interests, water agencies agenda, call 1.800•LANDUSE. on Two Forks as,"arbitrary and Capri- and local farmers. cious and not In keeping with either It is important to note that the the spirit or intent of the 404 Council has no regulatory powers. It process." Mr. Donnelly said, "there functions only in an advisory role to NATIONAL WATER LINE is something radically wrong with a the President. USPS to process that allows one individual the A report on the Council's findings authority to abrogate eight years of and recommendations is expected in Raymond R.Rummonds good faith effort, on the part of all in- late May. PRESIDENT terested parties,to solve critical water James W.Trull supply problems in what can only be VICE PRESIDENT characterized as an environmentally NEW DIRECTORY PUBLISHED Ivan W.Flint TREASURER Sensitive manner." Thomas F.Donnelly Environmental Communications has EXEC. VICE PRESIDENT CONTRACT RENEWALS Just published Congressional Direc- On February 2, 1989, the Acting tory: Environment, a 600-page, Bridget O'Grady Administrator (Note: Mr. Reilly was hardbound edition that focuses on EDITOR not sworn in as EPA Administrator key environment decision-makers until Feb.3.) of th@ EPA referred to (members of Congress, environment NATIONAL WATER LINE is a monthly the Council on Envrionmental Quality legislative aides, and key committee publication of the National Water (CEO) the proposal by the Secretary and subcommittee stall). The vol- Resources Association, 955 L'Enfant Plaza, Suite 1202, Washington, DC of the Interior to renew long-term ume contains all 79 committees and 20024, for the benefit of NWRA water contracts for the Orange Cove subcommittees dealing with the and other Friant Unit irrigation dis- environment; environment aides for members and associates. Repro- and duction of this nawslettor, in whole a or tricts of the Central Valley Project. all 535 members; over 400 biegra- part, is expressly prohibited unless ' The referral to CEO was made phies of committee and Members' prior permission is obtained from the pursuant to Section 309 of the Clean staffers working on environmental is- Association. Subscription rata is Air Act and the CEO regulations sues; and three key word indexes $150 annually, third class postage implementing the provisions of the listing nearly 500 environment is- paid. Inqulries and address change National Environmental Policy Act sues, referenced to commit- should be sant to the above address (NEPA). The referral process, which tee/subcommittee jurisdiction. Con- or telephoned to (202)488.0610. is rarely used, Is a procedure for gressional Directory: Environment is -2- National Water Resources Association 1989 Western Water Seminar ci" RESOUpee t0 c Water Care S rmei 1.44, a"FUR E • 01p . "Water Conservation in the West: Fact or Fiction" August 9-12, 1989 Grouse Mountain Lodge Whitefish, Montana National Water Resources Association 1989 Western Water Seminar August 9-11, 1989 Grouse Mountain Lodge Whitefish, Montana WATER CONSERVATION IN THE WEST: Fact or Fiction? With Federal budget pressures forcing major reductions in water development funding, water conservation has become a central theme in the water supply debate. This years Western Water Seminar will examine several important questions concerning water conservation. o Does the Appropriation Doctrine promote the so-called "use it or lose it" mentality? o Have the Department of Interior and western water users complied with the spirit and intent of Section 210 of the Reclamation Reform Act of 1982? o What incentives can or should be provided to encourage maximum conservation? o Can cooperative water marketing strategies and agreements provide some of the answers? o Do western water suppliers have an impressive record and are they telling that story effectively? The seminar will feature speakers from the Department of Interior, national environmental organizations, municipal water districts and irrigation districts who will attempt to answer these and other questions concerning water conservation in the West. SCHEDULE OF EVENTS WEDNESDAY, August 9 FRIDAY, August 11 12:00 noon NWRA Golf Tournament 8:00 an REGISTRATION 4:00 pm Seminar Registration 8:30 an GENERAL SESSION 6:00 pm Welcoming Reception 11:45 an Adjourn 12:30 pm BOARD OF DIRECTORS THURSDAY, August 10 2:00 pm TOUR OF HUNGRY HORSE DAM 7:30 an Municipal Caucus Breakfast SATURDAY, August 12 8:00 an REGISTRATION 9:00 an GENERAL SESSION 9:00 an TOUR OF GLACIER NATIONAL PARK 11:45 an Recess 1:00 pm NWRA Committee Meetings 3:00 pm NWRA Committee Meetings 6:00 pm WESTERN BAR-B-OUE THE JUNE ISSUE OF NATIONAL WATER LINE WILL CONTAIN PROGRAM DETAILS AND SPEAKERS SEMINAR REGISTRATION FORM NAME TITLE AFFILIATION ADDRESS CITY STATE ZIP TELEPHONE ( ) - $ 175 Registration Fee Enclosed. (Make check payable to NWRA) Full Registration includes: Seminar Materials, Reception, Bar-B-Que, and Breaks. $ 35 Golf Tournament (Includes Greens Fee, Cart, and Prizes) $ 40 Spouse Registration Spouse Registration includes: Continental Breakfast, Reception, and Bar-B-Que. $ 40 per person - Glacier National Park Tour- Saturday, August 12 (see description of tour below) $ 30 Additional Bar-B-Que Tickets Children's Bar-B-Quo Tickets (no charge for children under 10) PLEASE NOTE: Children under 10 will be served a special menu, please indicate how many children under 10 will be accompanying you for planning and ticketing purposes. I plan to attend do not plan to attend the Tour of Hungry Horse Dam to be conducted by the Bureau of Reclamation on Friday, August 12 at 2:00 pm. There will be people in my party. GLACIER NATIONAL PARK TOUR Saturday, August 12 In conjunction with this year's Western Water Seminar, NWRA is conducting an all day tour of one of our Nation's greatest natural treasures -- GLACIER NATIONAL PARK. Glacier National Park is a land of awesome peaks and thundering waterfalls, of emerald glacier lakes and an abundance of wildlife. Glacier Park, the fourth largest National Park in the lower 48 states, is famous for its majestic Alpine scenery with 50 glaciers and more than 200 sparkling lakes. The price of the full day tour of Glacier National Park is $40.00 per person. This includes a full day guided tour of Lake McDonald, Logan Pass, Weeping Wall, Jackson Glacier, St. Mary's Lake, Garden Wall, rustic lodges, and much more. Lunch is provided and tax and gratuity is included. The buses will pick us up at Grouse Mountain Lodge around 8:30 am and take us to Lake McDonald Lodge where we will transfer to smaller sightseeing buses and drive over Logan Pass crossing the Continental Divide. The buses will stop periodically for pictures and sightseeing. We will return to Grouse Mountain Lodge at 4:30 pm. The Saturday tour of Glacier National Park will also allow attendees to take advantage of lower airfares by remaining over Saturday night. HOTEL AND AIRLINE RESERVATIONS To make hotel reservations for the Western Water Seminar, please return the Hotel Reservation Form below with an advance deposit of one night's room rental - either in the form of a check or credit card guarantee (only Mastercard & American Express accepted for deposits) - to: THE TRAVEL NETWORK CORPORATION, NWRA GROUP RESERVATIONS. 1000 CIRCLE 75 PARKWAY, SUITE 420, ATLANTA, GEORGIA 30339, OR CALL 1-800-631-9675. A confirmation of your room reservation will be forwarded to you upon receipt of your deposit. Please note that, if a credit card is given as a guarantee, the amount equal to one night's room rental will be automatically processed. ROOM CHOICES AVAILABLE LODGE (Single or Double) $65.00 per night KITCHEN SUITE (Single or Double) 100.00 per night WHIRLPOOL SUITE (Single or Double) 125.00 per night Each Additional Person (12 years or over) $10.00 per night All Rates Subject to 4% Room Tax Check-In Time: 3:00 pm Check-Out Time: 12:00 noon RESERVATION DEADLINE: All hotel reservations must be made no later than July 9, 1989. Reservations will fill up very quickly during the summer season, so please plan your schedule early. CANCELLATION POLICY: 24 Hours Notice Required. NAME NO. IN PARTY ADDRESS CITY STATE ZIP TELEPHONE ( _ ) - CHOICE OF ACCOMODATION RATE ARRIVAL DATE DEPARTURE DATE DEPOSIT CHECK ENCLOSED CREDIT CARD NO. (PLEASE USE AmEX or MC ONLY and INCLUDE EXP. DATE) AIRLINE RESERVATIONS: THE TRAVEL NETWORK has negotiated discount fares (40% off regular coach and 5 % off the best available fares) with DELTA Airlines. In order to save the most money on airfares, THE TRAVEL NETWORK suggests that you include a Saturday night stay in Montana. NWRA WILL OFFER A TOUR OF GLACIER NATIONAL PARK ON SATURDAY, AUGUST 12. PLEASE NOTE: by using THE TRAVEL NETWORK for your travel reservations, you are helping NWRA obtain complimentary staff travel which would otherwise be borne by the Association. Please compare the rates offered by THE TRAVEL NETWORK before making your airline reservations. For more information, call THE TRAVEL NETWORK at 1-800-631-9675 from 8:30 am - 5:00 pm, EST. TRANSPORTATION FROM KALISPELL AIRPORT TO GROUSE MOUNTAIN LODGE: The Lodge will provide complimentary shuttle service from the airport (approximately 15-minute ride). Use the Grouse Mountain Lodge courtesy phone at the airport to order the shuttle. In addition, THE TRAVEL NETWORK will be happy to make car rental reservations for those who desire to drive. V A THE HIGH PLAINS STUDY Profiles In Congress COUNCIL AND THE OGALLALA AQUIFER by Wayne BoSSert, GMDA . ., Ten years later in 1982, Bob Kerrey entered the political arena as the Public Law 99-662 authorizes the Democratic candidate for governor. expenditure of federal funds for re- • Having no previous political experi- search and demonstration programs managing associated with the O al- ence, the 39 year-old Kerrey chat- g n9 g y�e longed the odds, and defeated the lala aquifer. The program was autho- `. , ^ / incumbent Republican governor. rized in 1986 and provides for im- r< / . During his tenure, Governor Kerrey proved groundwater management rejuvenated the state's struggling through research in conservation "' farm economy by bringing Nebraska and augmentation (Sections 303 and 304 at $6,500,000 annually) and out of the farm depression$ of the farm level demonstration projects to • early 1980s erasing a $24M debt encourage the rapid transfer of new �� and creating a$49M surplus, Gover- g • nor Kerrey not only stewarded this fi- technologies and water efficient nancial comeback without any per- Crops and management systems • manent tax increase, but also cham- (Section 304 at $5,300,000 annu- • pioned the causes of education, rural ally). However,funds for tmplemen- • and economic development, and tation have not yet been appropri- groundwater protection. ated. If funds are ever appropriated, Bob Kerreys political record, military they are to be divided evenly among background, and successful busi- the Ogallala states provided there is SENATOR BOB KERREY ness career, appealed to the gener- an established state advisory NEBRASKA'S ASPIRING ally conservative Nebraska voters. committee operating and at least a YOUNG SENATOR On November 8, 1988 Kerry was 25% nonfederal contribution Is gen- able to carry these votes, and ousted erated. The 1988 Senatorial campaign in the incumbent Republican United To date, the eight participating Nebraska proved to be an upset, as States Senator, states (Kansas, Texas, Oklahoma, incumbent Republican Senator As a new member of the United Nebraska, Wyoming, New Mexico, David K. Karnes was defeated by a States Senate, Kerrey managed to Colorado,and South Dakota) have or young, upwardly mobile politician secure key committee assignments are forming their advisory committees named Bob Kerrey. Kerrey's victory on the Senate Agriculture and j Appropriations Committees. Kerrey and have developed at least an out- was not only a personal triumph, but line of their respective research and serves on three of Agriculture's addition of yet another Democratic Subcommittees including; Agricul• pears that most state plans are ad vote,the partisan balance of the U.S. dressing the following conservation- s@Hate was to move further in favor tune Production and Stabilization of 1 oriented issues; of a Democratic Majority. Prices, Nutrition and Investigations,y and Research and General Legisla . Programs to develop and imple- Senator Kerrey's success in both tion. Within the Appropriations ment new irrigation technology; his professional life and political ca- Committee, Kerrey was appointed to , Programs to develop drought tol- reer can be attributed to a persever- erant crops; ante and determination to overcome the Appropriations Subcommittees . Institutional changes to facilitate on the odds. Aster graduating from the Agriculture and Rural Devel- the efficient use of water resources; op ment; Housing and Urban Devel- University of Nebraska at Lincoln in opment and Independent Agencies; . Programs to augment existing wa- 1966, with a degree in Pharmacy, Treasury, Post Office, and General ter supplies with artificial recharge, Senator Kerrey enlisted in the U.S. Government; and the District of secondary recovery, and other Navy, volunteering for the elite Navy Columbia Subcommittee, emerging technologies; and SEAL special forces unit. He was In the opening days of the 101st • Programsto protect the high qual- . sent to Vietnam whore he led his Congress, Senator Kerrey has spent ity of Ogallala water. SEAL team until he was severely his time adjusting to the Washington Since Congress authorized expen- wounded in March of 1969, forcing environment, but has also dituresforfiveyears,buthasfailedto the amputation of his right leg below cosponsored a piece of important appropriate funds for FY 87 or FY 88, the knee, In May of 1970, President legislation, S 280, with Senator time is running out. The current ef- Nixon presented Bob Kerrey the James Exon (D-NE). S 280 seeks to fort is aimed first at securing funds for Congressional Medal of Honor. amend the Wild & Scenic Rivers Act the remainder of the five year fund- Having returned to Nebraska in to include a segment of the Niobrara ing period, and then toward con- 1972. Kerrey joined his brother-in- River in Nebraska as a component of vincing Congress that an extension law in opening a chain of prosperous the National Wild & Scenic Rivers is necessary;thus allowing the entire restaurants and fitness Centers, thus System. Both Kerrey and Exon sup- five year funding period to be utilized beginning his successful business eventually. career, Continued on page 8 Continued on page 8 -7- (Profiles) (High Plains) NWRA MEETING Continued from page 7 Continued from page 7 SCHEDULE port the federal effort to protect a 76 How does this affect GMDA mem- FEDERAL WATER SEMINAR mile stretch of the pristine Niobrara bars? For those of us in government River, versus local and federal op- who are actually doing this manage- April 1989 Washington, DC position led by Congresswoman ment, the effort is basically a wash Date and Time to be announced Virginia Smith (R-NE) who will not because all the funding for Sections support the bill in its present form. 303 and 304 goes to institutions of WESTERN WATER SEMINAR Congresswoman Smith proposes higher learning, and the funding for designation of the River as Wild and Section 305 goes to farmers with August 9-12, 1989 Whitefish,MT Scenic only it results of a study per- specific demonstration programs. Grouse Mt. Lodge formed by the National Park Service We can only hope that the informa- under Section 5 of the Wild and tion gathered by the researchers will August 15-17, 1990 Park City,UT Scenic Rivers Act determine that it is eventually apply to our specific, gov- yarrow necessary. ernmental management programs, In a time where budget negotiations because too often these become ANNUAL CONFERENCE and ethical inquiries dominate the pie-in-the-sky ideas with little practical political scene, it is difficult to deter- application. From here, it sure ap- October 31 -November 3, 1989 mine an individual's political agenda. pears to be taking the long way Marriott Rivercenter,San Antonio,TX What causes and issues Senator around. Kerrey will choose as his own are yet GMDA would like to see NWRA October 30 - November 2, 1990 to be defined, If one is to look at his- continue to work on the concepts of The Mirage Las Vegas,NV tory and its implications for the future, more local management capability perhaps some judgements can be versus more top-down direction, and November 5-8, 1991 made. Senator Kerrey has been more direct federal support to local Sheraton and Double Tree Hotels described as a risk taker and media units versus continued support ex- Monterey, CA darling. His accomplishments thus clusively to the states. Public Law far have earned him a place among 99-662 could be a good place to 1992 Denver,CO the political elite. At the age of forty- start. Dates and hotel to be announced five, Kerrey has a long political career ahead of him. As he gains experi- 1993 Phoenix, AZ ence and tenure, Kerrey may be a Dates and hotel to be announded name which will become more recognizable, and one to watch. 1994 California Several locations being considered Dates and hotel to be announced -8- 1995 Hawaii Several locations being considered Dates and hotel to be announced NATIONAL WATER LINE ! Bulk Rate U.S. Postage PAID ,.y Clarksburg, MD •' -a NATIONAL WATER RESOURCES ASSOCIATION Permit No. 10 's 1 955 L'Enfant Plaza,S.W. Washington. D.C. 20024 INU Canto Coniesiown NAY P. 0. Box 758 Greeley CO 00632 ITQ OF COLOMDO DEPARTMENT OF SOCIAL SERVICES •1S75 Sherman Street a Aa4Q* Denver,Colorado 80203.1714 ' (" - 8 N . Phone(307) 866-5700 - , a 76. Roy Romer Governor Irene M. Ibarra May 12, 1989 Executive Director Eugene McKenna, Director Weld County Department of Social Services P.O. Box A Greeley, CO 80631 Dear Mr. McKenna: The attached report indicates the areas of the AFDC Program in which there are compliance issues and the appropriate regulatory cites. Your response to this report is to be submitted to the State Department. Division of Field Administration, 1575 Sherman Street, Denver, CO 80203, Attention: Ilene Bryce. by May 30. 1989. If you choose to proceed with corrective action planning rather than responding to the findings, your corrective action plan will be due June 30, 7989. Thank you for your cooperation in this matter. Sincerely, P� / ohn P. Daurio Social Services Field Administrator Copies to: Weld County Commissioners Ilene Bryce Attachment WELD COUNTY REVIEW COMPLIANCE REPORT The Weld County Department of Social Services review of Aid to Families with Dependent Children (AFDC) cases involved in the Weld County Diversion Program was conducted April 4-6, 1989. A statistically valid sample of 361 cases which were involved in the Diversion Project between October 1 , 1987 and September 30, 1988 were reviewed. Observations were limited to this period of time, thus prior and subsequent actions by the county department were not noted. In addition AFDC cases not involved with the Diversion Project were not reviewed. The results of this review indicated that the County Social Services Department is out of compliance with federal and state regulations for the AFDC Program in several areas. The listing of specific cases being cited is- attached as a supplement to this document. 1 . Eligibility for AFDC must be established for all applicants before AFDC funds can be claimed for these families. Applicants who are denied are not entitled to Title IV-A funds. During the review it was observed that some cases for which Title IV—A funding was claimed were denied eligibility (see attachment). State and federal regulations require that AFDC eligibility be determined. Only families determined eligible for AFDC are entitled to payments (Staff Manual Volume 3 Section 3.120.1 and 3. 120.5). Corrective_ Action 3eaui — Elimination of billing to the state and federal governments for these cases. 2. Eligibility for dependent children for AFDC is established according to the precise regulations governing need, resources and eligibility factors as listed in state and federal regulations (Staff Manual Volume 3 Section 3.600.1 — 3.667) . Assistance -to dependent children is not conditional on the caretaker relative's cooperation/participation in Job Diversion. The waiver permits the Weld County Department of Social Services to sanction a caretaker relative who is not cooperating with diversion after appropriate noticing and appeal rights have been given (Staff Manual Volume 3 Section 3.830.4 — 3.830.50.9) Esee attachment for case listings). Corrective Action Required — The eligibility of dependent children in these cases must be determined and appropriate grants issued. The caretaker must be properly notified that their needs are being removed from the grant. 3. AFDC recipients are entitled to benefit levels based on the need standard minus countable income ratably reduced (Staff Manual Volume 3 Section 3.667) . The review cited cases in which the total benefits to recipients were reduced due to the recipient's participation in the- diversion program. All AFDC recipients are entitled to the benefit level determined by AFDC regulations (see attachment for case listings) . 6e', : County Review Compliance Report Page 2 Corrective Action Reouired — The county department must review all AFDC cases involved in the diversion program from October 1 , 1987 to the present to certify that no recipients received less benefits than they were entitled to receive. In cases in which reduced benefits were received the county must correct the underpayments. If the state and federal portion of the grant has already been paid to Weld County, the underpayment adjustments must be made from county funds. 4. AFDC benefits must be provided to dependent children when the caretaker relative refuses to cooperate with Diversion. The needs of the caretaker relative may be removed after proper notification (Staff Manual Volume 3 Section 3.623.41 and 3.830.4) . The county may require a redetermination of eligibility for continuation of the children's benefits (Staff Manual Volume 3 Section 3. 130. 12) . The review of Weld County cases indicated several areas of non—compliance with these regulations. A) Termination notices to recipients and case actions indicated the entire case was discontinued, both the caretaker relative and the dependent children. B) Recipients are required to reapply for benefits instead of being redetermined. C) Benefits are sometimes prorated from the date of application (see attachment for case listings). Correctiv tgction Required. — Caretaker relatives must be properly notified of the proposed dletion of their needs and a redetermination of the needs of the children must be done. Underpayments resulting from previous incorrect actions must be corrected (Staff Manual Volume 3.800.5). 5. Medicaid benefits for AFDC recipients are provided from the date of the month of application or up to 90 days prior to the month of application if otherwise eligible and there are outstanding medical expenses (Staff Manual Volume 8 Section 8. 100.4) . The review indicated that Medicaid benefits for AFDC applicants referred to diversion began at the start of diversion (see attachment for case listings). Corrective Action Reouired - Medicaid benefits must begin according to the regulations cited above. 6. AFDC grants and Medicaid payments must be adjusted to reflect the income from employment of the assistance unit, using the appropriate work expense deduction, S30 + 1 /3 disregard, and child care (Staff Manual Volume 3 Section 3.667.2 and 3.667.3) . The review found that recipients of AFDC were being closed due to employment without a computation of eligibility for continuing AFDC and Medicaid (see attachment for case listings) . Review Compliance Report Page 3 Correcrivn Action Rnj xe — All AFDC cases entering employment from diversion must be reviewed or redetermined to establish the appropriate case actions on the case. Appropriate notices must be sent to recipients . 7. AFDC recipients meeting the three of six month requirement whose income renders them ineligible for an AFDC grant must be provided with four months of Medicaid (Staff Manual Volume 8 Section 8.120.12) . The review found cases in which the recipient became employed after being either in diversion or on a grant for three months in which the Medicaid extension was not given (see attachment for case listings) . • Corrective Action Required — Medicaid benefits must be extended to all AFDC recipients who meet the regulations. 8. Volunteers for Job Diversion may not be sanctioned for failure to cooperate/participate in diversion (Staff Manual Volume 3 Section 3.623.41). The review found one volunteer case which was closed due to failure to participate in diversion (see attachment for case listings) . Corrective Action Rejuired — Methods must be established to ensure that volunteers are not sanctioned. 9. Diversion billings for state/federal Title IV—A funds may not exceed the maximum AFDC grant for which the family is eligible (Staff Manual Volume 3 Section 3.623.63) . The review found instances of non—compliance with this requirement, such as a case which received a Title IV—A grant and a diversion payment for the same month. The total of these payments exceeded the allowable grant maximum (see attachment for case listings) Corrective Action ReauirS — Methods must be established to prevent excessive payments. Recoveries must be established for excessive payments. - 10. Sanctioning of recipients is limited to 30 days (Colorado Waiver). The review found cases in which the caretaker relative was sanctioned in excess of 30 days (see attachment for case listings). Corrective Action Reauired — All cases participating in the Diversion Project from October 1 , 1987 to the present time must be reviewed for excess sanction time and recipients notified of the additional benefits to which they may be entitled. Payment adjustments for underpayments must be made. ., tV ni'Jlpr. Compliance Report Page 4 General Corrective Actions : Sue to the large number of non—compliance situations observed in the sample, the county department must review all cases referred to the Diversion Program from October 1 . 1987 to the present time in light of the AFDC regulations. Corrective actions on each case identified as being out of compliance must be taken. All overpayments must have recoveries established (Staff Manual Volume 3 Section 3.810.3) . All underpayments to current recipients must be corrected (Staff Manual Volume 3 Section 3.800.5) . Federal regulations require the correction of all underpayments to former recipients. State regulations will require this effective September 1 , 1989. The county department must identify these cases so that corrective payment may be made in September. 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Wm • 00 o m a m K0 o O O O • 3x a 00 O ac 0 a M op O cc a T N 00 Ow -- C • occ • 00000000 .Ir • • m a • 000000 c•-• T Own • a . amK n • c O n • 00000 00000 m • m a K • mm 000w Om a . mm m m m0 mm • m r} . mm mm mm m • mn • mm mm mm a - mf4 w mm mm 00 Or • we 00 00 • 0 a T O a O T 00 00 OW r 0m 000m 0W • 00000 W 0 0 0 W -1 • m a W . W W W W 0 0 S • O V r • eta • iON 0000010 NO NNNNNO0 N 0 a • a WWW 45 W 45 W 4540 40 NN N M N N N M N MC 0 Nu 1045 W W NM NN MN • 0 Ka} • We 'CI 1040 NN NM NN • 0 T}r . -W W 10 W 10 10 MN MN NM n nar • W W 1a1 1a1O NN NM NN M Kr eta N1a 4540 NN NN NN SO • W W W W We NM MN ON 9 0 OO} • We 1.10 ew ON NO MN 1 a • 040 w0 00 00 00 NN 00 1.1 .1> • NNNNN NN r•• • W 40 W W W W W W W W 000 N N a • S T O • T c0 O •• NO} • Www wc.ilW oa.O..O.AfJGpaa f • 0- W W W W .00 .OD r a }NV WW WW AG ,0.0 K n a • W W Ww .0.0 op _ • arc 1+ • W W W W eat) 0.0 c a . Oc a W W W W .0.0 .0 .0.0 N} • Ww WW WW 00 AG po p • cc • W W W W W W .0.0.0.0 .O,O N - am • WW W W W W .0.0.0.0pp • T • W W W WW W W W W W W W .OGOOFA.000Ogp • • W W W W W W W W .O G C f.0.O.Y J o.0 W• • a O a . • es sew • • Ne 0 r. e W Y1..1 yY • ✓ ee -r • • • er • a 000 000 a• . .a ►a 00000 W0000 0 0 0 a 00 0000 Ow mm mm mm mm mm mm mm mm mm 00 m m tam mm mm mm mm mm mm am m m m 0 mm m m m m m 0 0 0 m m 000 4000 • IT-2 '.^ r , ^ 0425389 15-OPT-EX j� TELEPHONE FORM 905 STATE OF COLORADO (303) 866-2371 ,DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 419 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 DETERMINATION IN THE MATTER OF THE APPLICATION OF: ., • American Legion Post•4102 APPLICATION NO. 87-555 P.O. Box 130 _ FILE NO. 62-01-351-Q1 714 4th Street COUNTY big Fort Lupton,' 03' -80621 PARCEL NO:—: 1_471Q5215015 FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO ,BE OWNED AND USED SOLELY AND EXCLUSIVELY FOR STRICTLY CHARITABLE PURPOSES. DESCRIPTION OF PROPERTY: FTL N 36 ft-Lotc2:thru 6 BUt 10_.except:East 8 ft. . -- .: • "•::-"-. .on•vQ&0 sS: 'C v 1) alas: :u .c: 'ta. at."9 PERSONAL PROPERTY•It`•IRCL'UDED ?AND SS`OR3At*TEb/D ttED"EXEMRTIIO,Pt xN THE SAME PERCENTAGt 'AS-THE REAL PROPERTY. 'LEASED-PERSONAL PROPERTY'IS(NOt.iHCtUDE�U�yra a:• THE ADMINISTRATOR,-HAVINRnRE IEW,ED2HE • PALICA•0IONoASs OLILIN COLORADO REVISED:STATUTES, TITLE•39;tARTICLEz2,ja'SECTIONeiiT,ts1ASt,DEtERMI716BtTHAT4SOCNTBLEMPTXON IS IN PART JUSTIFIED AND IN ACCORDANCE••WXTrWHPIMTftfPOF•TNE LAWA, 1ANEA EXC4PTTON4TS?14EReV GRANTED IN PARTS, THE SAME TO BE EFFECT3VE_,kg1 n rind em iLes i, trW per, Yt sa,s,y, ,,aarryy 1„ s•1g$7: ;,, _.,w zp, *EXEMPTION:IS G8ANTE IWxi,Tlrjh36, t,S 2," 11(y ,• pt E 8 ft - 88%, *EXEMPTION IS-•DENIED:EOc,TfTt Nb36 ft,ILotia, tiru.6,talksi t E 8 ft - 34%. DUE TO THE FOLLOWING REASONSt,Peopbrtr1snrenteSttoa►fog-Oroltit:.bnt*tiy nd not used exclusively for charitable Gurposes':' spr, :Or sr's C•.t ri tut Itt s:OtAhi s'47 :. .:snr.) . \b.,. r‘;9•- @c(..Xlf":: G: tn4* ^a` '(. IN'79cpC.C� ,• ,,-,•,; "f % , YY,' �*:>^�C,p :MI 7n`r!Kj'7': sNsUrinaReflC. Y'-;:n ;;6 n;: y!r'1 DATED AT DENVER, COLORADO THIS 12th DAY OF May , 19 R9 1%44-11-1A.-4-14/te- -• NARY ANNE MAURER PRO ERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) n • •Ll Al 6a441- fOTICE'OF RIGNTS'ANO RESPONSIBILITIES Bait' TO APPEAL Colorado Revised Statutes 1973, Title 39, Article 2, Sec 117 (5) provides, 'an appeal from any decision of the Property Tax Administrator say be taken by the Board of County Comeissionm of the county wherein such property is rotated. or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption ha been denied or revoked in full or in put. Any such appeal shall be taken-to the Board of • Assessment Appeals, and shall be taken no later than thirty days following the.decision of the,for operty!?Tax Merl nistrator.• Forms and instrnctlons.for;making such appeal say be obtained froe,the£oard - of Assessment sweats, Oepartment of Local Attain, 420 State Centennial Building, 1313 Sherman Street; Denver, CO 80203. Telephone (303) 866-5820. RESPONSIBILITIES OF THE =CPT PROPERTY OWNER Owners of property granted-exemption by this office must do ills. following. to maintain their property's exemption frau taxation: I. Notify thI off1Ce:-Prithln thirty day= of:ay;changei of- .o-' - mailing address, or status or usage of the•exempted property (t.eerll2rdrlraslpe$Ot ld•end/or vacatedaandt4Atno,l7oogergrs c Property eFrDy.deedrwUtl..be retu to-tha;,ax {x441 the couritysessoed:; T, .a T:3 J3 ,C14.”•.")II: %.-EichirierisleffitilthigitAbouyier 1htw&teh3ExtmptiCsvfsi 9ranfiQT "r N c1:,.1 T 'i :i0:'"vwneHy utit@e9Rspapertyr-suet,YSTe nit Unial,ixesor.,rooerl ? :t 'HT tQ\a V7I 4'T'4AP Y::Rpeptran'diTb.$...rApPl 1S..a Thew•,npo s ire.�suppJted,tIywri, eC^ua r' Division-of•Property'Taxation early eacitiyeanv,Tbe 41'14 lion- °ley - Tantkoq•takne nn resoeneihllity totzloortt,not a� A ti Err or any roue*- It is the-nsponsibiIity of •' ,C w' ty'O.n.e, to-see••that=UNst'repoft-art'redeiviid 4 3 0 !'t 3 rnr tsofshd►tetmvNcctry that Oivi'siomof=prppjtp•SSttnctart ` y .aamraaib brogan aa'iashidtbetherapprope ttling3deri. r Contact uhir offiet if your reports an not ncsived>;igpt;tme fpna. , completion by-the--April 15 deadline each year: On all future correspondence,ngarding•thls property, the toner should re+a• to the file miser'shown on this determination. DTPNTC Co- I , 0425389 15-DPT-EX " ^ f� TELEPHONE FORM 905 STATE OF COLORADO (303) 866-2371 DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 419 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 DETERMINATIQN °? IN THE MATTER OF THE .APPLICATION OF: Community Baptist Church APPLICATION NO. 87-352 Rt 4 15845 Weld County Rd. 2 FILE NO. - _ 2-y1-291 Brighton, CO' 80601' , ,, '''COUNTY ' t ,..'PARCEL NO."' FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO BE OWNED,AND USED SOLELY AND EXCLUSIVELY FOR'RELIGIOUS - -- DESCRIPTION OF PROPERTY:' . 7r It: j . Beg at the$WWcoa of:the,8,i IS .:34,.•Tp, 1N R:66 W-of theabth p.m., Weld Cty, Co: th N�89D53M33&%Esalgpthed;o3Sa'otasdJJ,S&4gtr a•'dtstPof,;434:38 ft th N 00009M645 E. par with!thriWallebrsb^SE+Jgti4li_" 997'.16�ft"thv 89Q,S0M02S`W, par with the N 11 of y t; 4$ ?par 1th"sd W 11 a dist of 845.33 ft 'idSE�gtYra d�sti o}"301'.3$ ft; 'th It"OODd� ,,; ,� M, to the sd N 11; th S 890501402$ W, alg sd' 'iW a di'srt of 135.00 ft to sd W 11; th OODDOMAA114, pjg,4w1,1r1rdiiSA 4J24fy1,416 'C'4.to-.t 0 E3ht,PA1nt of Beg. \t-*t?'£ :a'XS %atwnfn :s, c i t+ ;V.S rrlsom >t *Mt flraa* PERSONAL. PROPERTIlaIS QNCtUDED; ANflS.0RAKfte/ 'EXk?IPPIONAIN THE SAME PERCENTAGE AS THE REAL PR LY".=aAs D-•PER50NAIe PROPER 14.1 r1y ngj orscwrG �rn ,...♦ v!• ,1f r; I rn14_ ,y. :t 7:; S�'�`,� °f• ^• ,. .r IN COLORADO REVISED STATUTES, THE ADMINISTRATOR,d�A�I6�„REV�I,EWED,� TITLE 39, ARTI.CLE',2r-5EGTION+ 147,tHAScOETERMMNE9!t SUCFttEXBWTIOIt-IS IN PART JUSTIFIED AND IN ACCORDANCEe+WITWTHEtINTEKIN'S THE rtkW,WWDLEXEMPTION •ISxHEREBY GRANTED IN PARTE, THE SAME TO BE EFFECTIVE<'Jantlary'1L%T9R.Et UVWt rvat 'rf arc's .-aa/7fw;r c. Ci.'SirK +tii�� r\t:b •t- . s,-: t .:11r.'w"'...4 *EXEMPT. ON-IS.GW{E,Q TO;. Be9hgtnth cars4 ttren,S,Ej/ Se t-;ra 66W of the 6th P.M., Weld Cty, CO: Thin N 89D53N33S E. %T19f140# 864, 44, s ,o$t434$& ft, then N 00009M54S E, par with the W 11 of the SE1/4 689 ft, then S 89D50M02S W par with the N 11 of sd SE1/4 438.38 ft, then S OODO9M54S W. alg sd W 11 689 ft to the P.OItgC *EXEMPTION IS DENIED TO: Beg at a pt 889 ft N of the SW cr of SE qtr of Sec 34, T1N, R66W, then N 89053N33S E 438.38 ft, then N 00D09M54S E, par with the W 11 of the SE qtr 1,547.16 ft, then S 89050M025 W, par with the N 11 of the SE qtr 301.88 ft, then N 00009M54S E, par with the W 11 645.33 ft to the N It, then 5890501402S W, alg the N 11 135.00 ft to the W 11 then S 00009M54S W, alg the W 11 1,952.41 ft to the P.0.6. DUE TO THE FOLLOWING REASONS: Property is vacant and not used for the exempt purpose claimed. DATED AT DENVER, COLORADO THIS 12th DAY OF May .., 19 R9 . MA4 ANNE MAURER PROPERTY TAX ADMINISTRATOR ti97Sc£ OF t 4!S a ESPONSTBTTUT!n RIGfr-TO APPEAL Colorado Revised Statutes 1973, Title 39, Article 2, Sec 117 (5) provides, 'an appeal from any decision of the Property Tax Administrator may be taken by the Board of County Commissioners of the county wherein such property is .Tocated,.; or by any amen of taxable property in such county, or by the owner of the property for whldi exemption is claimed if exemption has been denied or revoked in Bill or in part, Any such appeal shall be'taken' to the Board of Assessment Appeals, and shall be taken no later than thirty days following the decision of the- Property: ou Administrator.' __. r • Forehand lnstruct1ons,for.,saklnq such appeal 'say be obtained from the,Boaro. of Assessment Appeals„Department of Local Affair, 420 State Centinriat Building, 1313 Sherman- Street, Denver, CO 80203. Telephone (303) 866.5880. 'r•l"ter 'Vq 0,,.r '' 'T _. : r„A',' .1 - rte., ]• ':!J RESPONSIBILITIES OF THE =PT PROPERTY OWNER Owners of peopi:Ly spirted exemption by this office must.do.:the.,follaviny ,:o,. i � - maintain their property's exemption from taxation: 0I.-t NottfyiAhis•offics,withtn thirty darj{oflany changecorn: Jr t4 oftmafllip.adde'eseti or-:tatusPorrusageeetitimiexempted£pr000r!yi4 r1.' ,yV, rN:5S+i:OljAi dyke.peen aold,and/or1iC004 indritl'Aorloogscl”mkm—.. ti os r� n b t s�erFeQ br. dads+rNTb! toe pi tax,.rof.s4.y :at/tsarassessor. - ;( , 70-7-47C5r r _ ,d zlomeaces 2 +U : r r ., be cwt IC : ti:1 1'n isiiehr4&i:.otto :Mk trantiC280000 drarr°af•tudr'exupt. prapaity must file•enrannual uct ?rooerty di>o`,': ;MA2 ?N' '11 ROPONINGPXOrdhafaellavtlMls.a intewrinataara lima tePortne 4"'7" Divhleettofi 4Taxstilont eaat$y'"flaw n' he-oi wig o,,- 'T my takes"no recoentihll it?_-for re�Cjic�not 4 ee tt r few ear.a ' rise 1 LbesdWssib7 tikY,4i ,'ya 032:H74 t '(: ,,, NT _ y ti's ty' _ i}ivntfWpd ,I _,.Te 77Ar, . .tee TC *tIM. t�I theairisi l,If"• fTaxitia ' C ?.. J. • " ,,, , I v'' ;4 N: ?7r+a^ :�80!r3 pfX1S0tand.with tit ccprmp?ttte?Silt ng'Ifees'»,C ,;t;:A ii, Contacttbie.Office..if your reporttmeppottrIcakeilLihiiPM3for 39 0` comp1ettorrby'the April 15 deedline•eachryeer. t. rorl: , ;. LtIIFAfcIb . tMfilel ri tion.4propr L1diA,merS 41Q tv ) hit* ?r f '.1 .'•V.i r!,rw ?Pc w 2SOM0.cce i nsiy ,t° et40 \r2 c,4; '.0 tr W Mi.i nyrw 1, c .3 ar:^'47C000 01107c.e. orij O1 1? Pg3 W r,^ r. .W 2 MQ0C00 d ra;': ,1ti a A'4 .t r .. - ?;j •� '; W • ' ' r .' 3n .3: 3t '� . 32 "'o 'R" sir. � :5 - , • c 1c nom} 7 03 / _ .:O;TtiK3X . . • - ,: aq 1 7"j W 9At i.trw' .. 7-1,11••;:!':0 :4 i er:1 —11 'S..r:t l .;.ip?rn� A r0r1.7 ;G .Co^'')" tt Hari] t8.cGC •J0 3'; ..,r, •t;• rf �t n;!.: :itts„ '1344 'ri -:Sc•rvt:i?rcr > 't+ii# .J' W wl •i? ." 0,1'r . r t^ 'Ant PAP. .A' 2 074Ce•.c:o . • , rr yl 4rif .? fT , t? -r • '.I )V !., d I),'? X111 - i w .`13 cC .;;9rnrbr_ i� 'Y.. .nip, . .q•,...-C .. . . 4_ F ;i • „ • .e ee . . ;,o p. O. Box 217 ^3 4 Mead, Cob. 80542 535.4417 TO WHOM IT MAY CONCERN; PLEASE FIND ATTACHED A COPY OF A NOTICE OF PUBLIC HEARING, A RESOLUTION OF THE BOARD OF TRUSTEES, A PETITION FOR ANNEXATION, AND AN ANNEXATION IMPACT REPORT. THE TOWN OF MEAD INTENDS TO PROCEED WITH THE ANNEXA- TION BY CONDUCTING THE REQUIRED HEARING AS EXPLAINED IN THE NOTICE AND RESOLUTION. THE HEARING WILL BE HELD AS SET FORTH IN THE NOTICE AT THE MEAD TOWN HALL. YOU MAY APPEAR AND OFFER TESTIMONY OR EVIDENCE AT THE HEARING. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT THE TOWN CLERK, TOWN OF MEAD. RESPECTFULLY, BERTINA B. WILLDEN MEAD TOWN CLERK / TREASURER Berta Benffep WilIden matl trim art MOW Itt J II1I,PINNSmm \ /� t 1.58 Mat NOTICE OF PUBLIC HEARING CONCERNING PROPOSED ANNEXATION TO THE TOWN OF MEAD, WELD COUNTY, COLORADO The Board of Trustees of the Town of Mead, Weld County, Colorado, will hold a public hearing on a Petition for Annex- ation of property to the Town of Mead on the 12th day of 1989, at 7: 00 o'clock p.m. , at the Mead Town �iall, Mead, Colorado. Any person may appear and submit testimony or evidence at the hearing concerning the annexation proposal. The property sought to be annexed by the Petition is described in full in the Resolution of the Board of Trustees of the Town of Mead finding substantial compliance and initiating annexation proceedings and also in the Petition for Annexation, copies of which are being published contemporaneously herewith. The annexation proceeding documents are also available for exam- ination at the Mead Town Hall during regularly scheduled open hours for the Town. TOWN OF MEAD: la&a Town Clerk BERTINA B. WILLDEN Resolution No. 1-1989 RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF MEAD) WELD COUNTY, COLORADO FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS The Board of Trustees of the Town of Mead does hereby resolve as follows: RECITALS 1 A Petition for Annexation has been submitted to the Clerk of the Town of Mead and thereafter referred to the Board of Trustees of the Town of Mead. Said Petition was submitted by Robert M. Burch and Dorothy I . Burch owners of the property. 2. The Board of Trustees has found the Petition to be in substantial compliance with the legal requirements of Colorado law relative to the sufficiency of the contents of the Annexa- tion Petition. 3. It is the intention of the Board of Trustees to initi • - ate annexation proceedings and hereby does initiate such annex- ation proceedings with regard to the property that is described in the hereto attached and expressly incorporated Exhibit A. NOW, THEREFORE, the Board of Trustees of the Town of Mead does hereby resolve: A. That annexation proceedings are hereby initiated rel- ative to the property described in the hereto attached and expressly incorporated Exhibit A. B. The 12th day of JUNE , 1989 , at 7: 00 o' clock p.m. , has been set as a public hearing date for a hear- ing to be held at the Mead Town Hall to determine if the proposed Annexation Petition complies with the applicable State statutes or such parts thereof as may be required to establish eligibility for annexation. C. A complete copy of the Petition for Annexation is on file with the Town Clerk of the Town of Mead and may be examined by any interested person during regular office hours prior to . the hearing date. D. Any person may appear at such hearing and present evidence «pon any matter to be determined by the Board of Trustees relative to the annexation. • E. The Board of Trustees will determine on the basis of the hearing whether or not the requirements of the applicable State statutes have been met and whether or not an election for • annexation will be required pursuant to State statute and whether or not additional terms and conditions are to be imposed upon the annexation and whether or not the annexation shall be approved by the Board of Trustees. F. The Town Clerk is directed to publish a copy of this Resolution, a Notice of hearing, and a copy of the Petition in the Longmont Daily Times Call newspaper once each week for four (4 ) successive weeks prior to the hearing with the date of the first publication being at least thirty (30) days prior to the date of the hearing. G. The Board has found that the Annexation Petition sub- mitted is in substantial compliance with the legal requirements of the State of Colorado. INTRODUCED AND PASSED this 24th day of April, 1989. TOWN CF MEAD: Harvey O. Potts, Mayor ATTEST: Bertina wil_aen, Town clerk, Town of Mead ( S A L ) -2- HASCALL SURVEYS INC 1132 N. Main Street Longmont CO 80501 (303) 678-8324 LAND PROPOSED FOR ANNEXATION TO THE TOWN OF MEAD LEGAL DESCRIPTION Tracts of land located in the Northwest Quarter of Section 14, and the Southwest Quarter of Section 11, Township 3 North, Range CS West of the Sixth Principal Meridian, Weld County Colorado, said tracts being more particularly described as follows : Beginning at the Northwest Corner of Section 14, from whence the West Quarter Corner of said section bears 500.20' 30"E, and with all other bearings contained herein relative thereto; Thence along the north line of said Northwest Quarter, N89' 59' 55"E, S00. 00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line N89° 59' 55"E, 656.11 feet; Thence S40°22 ' 07"E, 251 . 44 feet ; Thence 510'49 ' 00"W, 86.71 feet ; Thence 54S°23 ' 30"W, 293. 00 feet ; Thence 56I° 40' 28"W, 438. 06 foot ; Thence S85°26' 23"W S07 .81 feet to a point on the East R.O.W. line of Interstate Highway 1-25; Thence along said R.O.W. lino the following 3 courses and distances; N09° 26 ' 30"E, 651 . 45 feet ; N81° 57 ' 09"E, 505. 35 feet; N00° 00' 05"W, 30.00 feet to the TRUE POINT OF BEGINNING. Thus described tract contains 18. 065 Acres more or less . TOGETHER WITH the South 30. 00 feet of the East 056. 11 feet of the West 1456. 11 feet of said section 11; said 30 foot strip being a part of the existing Right-of-way of Weld County Road No. 34. Said strip contains 0. 452 Acres more or less . TOGETHER WITH EXISTING LAND LYING WITHIN the Interstate Highway Right -of-way, said land being more particularly described as fellows; BEGINNING at the Northwest Corner of said section 14; Thence along the north line of said section, N89°59' 55"E, 800.00 feet ; Thence S00° 00' 05"E, 30. 00 feet ; 1 THonce SS1° 57 ' 09"W, 505. 35 feet; Thence S09°20' 30"W, 551 . 45 feet ; Thence 585° 226' 23"W, 188. 89 Poet to the west lino of said section 14; Thence along said west line N00°20' 30"W, 758. 38 feet to the POINT OP BEGINNING. Thus described tract contains 5 . 070 Acres more or less . TOTAL COMBINED AREA THREE DESCRIBED TRACTS EQUALS 23 .587 ACRES MORE OR LESS. TOGETHER WITH AND SUBJECT TO all easements and rights-of-way existing and/or of public record . A53. DES MAY 9 1980 2 J PETITION FOR ANNEXATION TO: The Honorable Mayor and Board of Trustees of the Town of Mead, Colorado The undersigned, being the owner of 100% of the area herein, except for public rights of way, proposed to be annexed to the Town of Mead, Weld County, Colorado, as shown on the annexation plat and described generally as follows: Tracts of land located in the Northwest Quarter of Section 14 , and the Southwest Quarter of Section 11, Township 3 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado, said tracts being more particularly described as follows: Beginning at the Northwest Corner of Section 14 , from whence the West Quarter Corner of said section bears S00 degrees 20 ' 30"E, and with all other bearings contained herein relative thereto; Thence along the north line of said Northwest Quarter, N89degrees 59 ' 55"E, 800 .00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line N89 degrees 59 ' 55" ,656 .11 feet; Thence S40degrees 22 ' 07"E, 251.44 feet; Thence S10 degrees 49 '00"W, 86 .71 feet; Thence S48 degrees 23 '30"W, 293 .00 feet; Thence $61 degrees 40 ' 28"W, 438 .06 feet; Thence 585 degrees 26 ' 23"w, 807 .81 feet to a point on the East R.O.w. line of Interstate Highway I-25 ; Thence along said R.O.W. line the following 3 courses and distances; N09 degrees26 ' 30"E, 651.45 feet; N81 degrees 57 ' 09"E, 505 .35 feet; N00 degrees 00 ' 05"W, 30 .00 feet to the TRUE POINT OF BEGINNING. Thus desribed tract contains 18.065 Acres more or less. TOGETHER WITH the South 30 .00 feet of the East 656 .11 feet of the 3 West 1456 .11 feet of said section 11; said 30 foot strip being a part of the existing Right-of way of Weld County Road No. 34 . Said strip contains 0 .452 Acres more or less. TOGETHER WITH EXISTING LAND LYING WITHIN the Interstate Highway Right-of-way, said land being more particularly described as follows; BEGINNING at the Northwest Corner of said section 14; Thence along the north line of said section, N89 degrees 59 ' 55"E, 800 .00 feet; Thence S00 degrees 00 ' 05"E, 30 .00 feet; Thence S81 degrees 57 ' 09"W, 505.35 feet; Thence S09 degrees 26 ' 30"W, 651.45 feet; Thence S85 degrees 26 ' 23"W, 188 .84 feet to the west line of said section 14; Petition for Annexation Page 2 Thence along said west line NO0 degrees 20 ' 30"W, 758 .38 feet to the POINT OF TRUE BEGINNING. Thus described tract contains 5 .070 Acres more or less . TOTAL COMBINED AREA THREE DESCRIBED TRACTS EQUALS 23 .587 ACRES MORE OR LESS . TOGETHER WITH AND SUDSECT TO all easements and rights-of-way existing and/or of public record, and being more particularly described in the BURCH LAND plat which is attached hereto and incorporated herein by this reference, respectfully alleges and states as follows: 1. The territory proposed to be annexed is unincorporated and not embraced within any city or incorporated town; 2 . It is desirable and necessary that such territory be annexed to the Town of Mead; 3. The requirements of Sections 4 and 5 of the Municipal Annexation Act of 1965 (C.R.S . Section 31-12-104 and 31-12-105, as amended) exist or have been met in the following particulars: A. Not less than 1/6 of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead. B. A community of interest exists between the area proposed to be annexed and the Town of Mead, said area is urban or will be urbanized in the near future; said area is integrated with or is capable of being integrated with the Town of Mead. The area proposed to be annexed is to be used for off-site parking for Mountain View Motor Sport Park, located within the Town of Mead; for All-Terrain-Vehicle safety training courses; for a dune-buggy-type off-road course; and for agricultural purposes when not in use for above mentioned activities . 4 . The owner of 100% of the territory, except for public rights-of-way, included in this territory proposed to be annexed has signed this petition; 5 . The annexation will not result in a detachment of area from one school district and attachment of the same to another; 6 . In establishing the boundries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate without the written consent of the landowner or landowners thereof, Petition for Annexation Page 3 except and unless where such tracts or parcels are already separated by a dedicated street, road or other public way; 7 . In establishing the boundries of the territory proposed to be annexed no land held in identical ownership whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more which, together with the buildings and improvements situated theron have an assessed valuation in excess of $200 , 000 for Ad Valorem tax purposes for the year next preceding the filing of the written petition for annexation, has been included within the territoty proposed to be annexed without the written consent of the landowner or landowners; 8 . The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an .election for an annexation to the Town of Mead was held within the 12 months preceding the filing of this petition; 9 . The territory proposed to be annexed does not inclua.e any area included in another annexation proceeding involving a city or town other than the Town of Mead; 10 . The property owned by the petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated by reference; 11. Accompanying this petition are the original and four copies of an annexation plat map containing the following in- formation: A. A written legal description of the boundries of the area proposed to be annexed; B. A map showing the boundry of the area proposed to be annexed; C. Within the annexation boundry map, an identification and location of each ownership tract and unplatted land and, in part of all there is platted, the boundries and the plat numbers of plots of lots and blocks; D. The boundry of the area proposed to be annexed, a drawing of the contiguous boundry of the annexing municipality and the contiguous boundry of any other municipality of abutting area proposed to be annexed; E. A surveyor 's certificate prepared by a registered land surveyor that attests to the preparation of the map that certifies at least 1/6 contiguity to the Town of Mead; Petition for Annexation Page 4 F. Acceptance block describing acceptance action of the Town of Mead and providing for the effective date and Town Clerk and Mayor attestation signatures; G. Notary Public signature block; attesting to the authority of the Mayor to execute acceptance of the annexation. 12 . Except as otherwise provided, no part of the territory sought to be annexed is more than three miles from a point on the municipal boundry, as such was established more than one year before this annexation will become effective. WHEREFORE, the undersigned respectfully petiton of the Board of Trustees of the Town of Mead, to annex the territory described and referred to in this petiton to the Town of Mead in accordance with and pursuant to the statutes of the state of Colorado. . Owner ' s �r'( Date/CO— S; (7 Si / ��gnature � '�-�/4 ( ` Robert Burch 4225 Weld County Road 32 Longmont, CO 80501 Owner 's Date /l1G1 f/0- /911 i:-‘41-10-1174:07/ Signature . �• Dorothy Burtch 4225 Weld County Road 32 Longmont, CO 80501 Notoary Public Certification SUBSCRIBED AND SWORN to before me this &I day of 1989 . WITNESS my hand and official seal. ‘71.S. Notary Pu is (/ My commission expires : Sfr /9_3 HASCALL SURVEYS INC 1132 N. Main Street Longmont CO 80501 (303 ) 678-8324 LAND PROPOSED FOR ANNEXATION TO THE TOWN OF MEAD LEGAL DESCRIPTION Tracts of land located in the Northwest Quarter of Section 14, end the Southwest Quarter of Section 11, Township 3 North, Range GS West of the Sixth Principal Meridian, Weld County Colorado, said tracts being more particularly described as follows : Beginning at the Northwest Corner of Section 14, from whence the West Quarter Corner of said section bears S00.20' 30"E, and with all other bearings contained herein relative thereto; Thence along the north line of said Northwest Quarter, N89° 59 ' 55"E, 500. 00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line N89° 59' 55"E, 656. 11 feet; Thence S40°22 ' 07"E, 251 . 44 feet ; Thence S10°49' 00"W, 86. 71 feet ; Thence S4S° 23 ' 30"W, 293. 00 feel ; Thence 501° 40 ' 28"W, 438. 06 feet ; Thence SS5°20 ' 23"W 507 . 81 feet to a point on the East R.O.W. line of Interstate Highway I-25; Thence along said R.O.W. line the following 3 courses and distances; NO9° 26' 30"E, 051 . 45 feet ; NS/° 57 ' 09"E, 505. 35 feet ; N00° 00' 05"W, 30. 00 feet to the TRUE POINT OF BEGINNING. Thus described tract contains 18.065 Acres more or less . TOGETHER WITH the South 30. 00 feet of the East 056. 11 feet of the West 1456. 11 feet of said section 11; said 30 foot strip being a part of the existing Right-of-way of Weld County Road No. 34. Said strip contains 0. 452 Acres more or less . TOGETHER WITH EXISTING LAND LYING WITHIN the Interstate Highway Right -of-way, said land being more particularly described as follows; BEGINNING at the Northwest Corner of said section 14; Thence along the north line of said section, NS9°59 ' 55"E, 800.00 feet ; Thence S00° 00' 05"E, 30. 00 feet ; 1 THence SSI° 57 ' 09"W, 505. 35 feet ; Thence S09°20 ' 30"W, G51 . 45 feet ; Thence SSS° 2G ' 23"W, 153. 84 feet to the west line of said section 14; Thence along said west line NOO°20' 30"W, 758 . 38 feet to the POINT OF BEGINNING. Thus described tract contains 5 . 070 Acres more or less . TOTAL COMEINED AREA THREE DESCRIBED TRACTS EQUALS 23 . 557 ACRES MORE OR LESS . TOGETHER WITH AND SUBJECT TO all easements and rights-of-way existing and/or of public record . A53. DES MAY 9 1989 2 ANNEXATION IMPACT REPORT BURCH AN'N'EXATION TO THE TOWN OF MEAD This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statutes, 1986 Repl. Vol. Contained in Appendix A is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. The property proposed for annexation consists of a 18.065 acre tract of land located at the south east corner of the intersection of Weld County Roads 34 and 1-25. In addition to the main parcel to be developed, it is necessary to annex a portion of the 1-25 interchange at Weld County Road 34, and that portion of Weld County Road 34 abutting the parcel on the north. The site complies with the 1/6 contiguity required by statute. The road right-of-way that will be annexed contains an additional 5.522 acres, for a total of 23.587 acres in the annexation. Land proposed to be annexed is currently owned by Robert M. Burch and Dorthy Burch. It is proposed that the site be used for parking for the adjacent Mountain View Motor Sports Park and as the site for an off-road motor vehicle races. When not used for parking or racing events, Mr. Burch will continue to raise agricultural crops on the property. No municipal services are to be provided to the site at this time. During race events, "porta-potties" and a portable concession stand will be provided and removed following the event. Electric services are available from Union Rural Electric, which holds the electric franchise for the Town of Mead. Due to the nature of the proposed use of the property however, it is not anticipated that permanent power facilities will be required. Maintenance of roadways within the annexation will be provided by the Town for Weld County Road 34. Fire protection will be provided by the Longmont Fire Protection District. Police protection will be provided in the same manner as the remainder of the Town. The site lies within the boundaries of the Little Thompson Water District, the Longmont Fire Protection District, the Northern Colorado Water Conservancy District, the St. Vrain-Left Hand Water Conservancy District, the St. Vrain School District RE1J, and the Weld County Library District. It is anticipated that the annexation will have little, if any, impact on the St. Vrain School District REIJ. It will not contribute any additional X-12 students to the school system. The land use of the site will be governed by the Town of Mead's Land Use Code. This code provides the Town with a great deal of flexibility to set conditions that are site specific. Agricultural activities on the site will not be affected due to the annexation. Under present tax laws, the annexation will provide a slight negative net benefit to the Town of Mead in terms of property and use taxes. The cost of services to be provided to the sites will be minimal. The major expense to the Town will be the maintenance of the abutting local road which will be partially off-set by increases in gasoline taxes (based on increased mileage) and the County Road and Bridge mill levy (based on increased property values). The Town will benefit from the road acquisition by being able to control traffic and parking in this area during race events. Also, it may be possible to recoup the anticipated expenses through an occupation tax on race events and seat and service taxes. The proposal is in conformance with the general comprehensive plans for the Town and compliments previous developments adjacent to the site. By the annexation of this site, the Town also attains land use control over 2/4 of the 1-25 Weld Co. Rd. 34 intersection and its potential for future commercial development. Appendix A Site Map for Burch Annexation to the To!.;n of Mead G= tZ ,r ; i { • ^ f\ —t. r:Jo A. S ;1.4' I [c _ l' '. c 6. . . :, •-•• Pub �. +4 t C .I. I • t . F c t s ..r I e • ,. J = /,. Sul — .:e'iI. t ar•tl f a •� ` ! �`.•; •,`. Z."L. Lit v iC `Jr. .i .S I. i 1-C. •cre.—�• 'i y ",-..i. ^ �. 4 H . o_ ` :�,F F. N yU < _ 'L X } c ` j ' C c it z y • Ci a i E !. . C .Z i !sl .. 2` �. i • cC .- � � = F t a ? a • • �.S .may O - t' i V X12 n L? Zzc " it I - FC t It — t .t 1 ! ) i 114 II — c•. er . 11 [ I �f z L s CA Ilk . Ie I= l 8 I •.S.J$(5.. .. L JJr�tyi.v,.„.......... I C ..< xl IC Mead land Use Code Published 07/1/86 TOWN OF MEAD LAND USE CODE Form D-1 CONCEPTUAL PLAN APPLICATION AND DECISION RECORD M a.4 o. FOR A MINOR LAND USE CEANGE Applicable Section(s); Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: Robert M. ›.:rch and Doroth7 I. arch L225 Feld Co. 3d. 32 lot cnt, Co. 2. Legal description of the property proposed for the land use change: A t-rnt of land located in the Northwest Quarter of Seciont 14. ^oti•^s 34 3 Forth, Ra-.re 6o .+est of tae Slsta :rancapa.[ l'eri°_ian. Veld County Colorado 3. Proposed land use change located in Mead Performance District No. . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. The land site and adjacent lands are currently all used for aitnticulture. 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. The rroosed land use will include off-road parking Mountain 7fewmotor Srort Park locatea wit_in t.te to.n of vQ=P , 4:7- J11-Terrain-Vehicle safety traara ng courses, a dune- brFgv-tvt+e o;-raod course and for agracu.:uras purposes when not in use for above mertned activities. 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the u proposed development; and major physical features, including Mead land Use Code Published 07/1/86 • drainage and the location of natural hazards. [attach maps and sketches as necessary] 7. Provide an elevation drawing of the propose structure(s) showing height and describing the exterior materials. [attach drawings as necessary] 8. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. [attach additional sheets as necessary] 9. S ature of the Applicant: �t `/lr6„:47.4.aco ,icy 447r� I• / F - /F G5 e' 1, rc )1 / Date/ N. *****************APPLICANT NOT TO WRITE BELOW THIS LIKE******************* B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: C. Further information requested, if any: — 2 — ti • • - Mead Sand Use Code Published 07/1/86 D. Action by the Planning Commission: 1. The application is complete. Yes VI No [ ] Majer 2. The application is for a awn land use change. Yes [—re No [ J 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [1 No [ 3 4. The application is: [' ] approved [ ] disapproved [ J approved with the following conditions: a) b) c) d) (attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado, this / day of /�1ar , 19AL. ATiEST: %. .1` 1 Secretary to the Commission Ch -ram E. Action by the Board of Trustees. 1. The application is complete. Yes ( J No [ 3 2. The application is for a minor land use change. Yes ( J No ( 3 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes ( J No ( J - 3 - y ' • ' Mead Lund Use Code Published 07/1/86 4. The application is: [ ) approved [ ) disapproved j J approved with the following conditions: a) b) c) d) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this day of , 19� ATTEST: Town Clerk Mayor _ 4 - TOWN OF MEAD LAND USE CODE Form D-4 FISCAL ANALYSIS (Required for all Conceptual and Final Applications) (for Major Land Use Changes) Applicable Section(s): Copies Required: Applicant's name, address and telephone number: Robert M. Burch and Dorothy Burch Name of the Project: Burch Annexation ;. REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units(1) [ x factor(2) [ 16% ) = Assessed Valuation , Market value all multi-family units(1) ) x fector(2) [ 26 ) = Assessed Valuation Market value all mobile home units(1) [ x factor(2) [ 26% ) = Assessed Valuation • Market value all non-residential structures(1) [ 6.S3$ ) x factor(2' [ 29% ) = Assessed Valuation [ 2.012 ) Total Assessed Valuation ( ) Total Assessed Valuation [ 2,012 ,) x Town mill levy[18:366 millst = Town Property Tax Revenue [ S36.95) (1) Developer's projected market value. (2) Call county assessor to determine what factor to use in order to • obtain current assessed value of proposed development from market value in the area. Total Assessed Valuation t_2,012_) x school mill levy [44.521 mills, = School Property Tax Revenue [ $89.58) Total Assessed Valuation [2.,921_3 x Fire District mill levy [5.295 mills) = Fire District Property Tax Revenue [ $10.65] Total Assessed Valuation [ 2,012 ] x County mill levy [J9.268 mills] = County Property Tax Revenue [ $38.77] Total Assessed Valuation [ 2,012 ] x all other mill levies [7.302 mills] = Other Property Tax Revenue [ $14.691 Total Property Tax Revenue [9190.64) 2.. Sales Tax. Population in the development [ 0 ] x the last year's per capita collection 548.46 ] = total annual sales tax revenue [ 0 ] 3. Water Revenue. Population in the development [ 0 ] x the last year's per capita collection') [[ $85.28 ] = total annual sales tax revenue [ 0 ] 4. Sewer Revenue. (NOT APPLICABLE) Population in the development I ] x the last year's per capita collection ') [ ) = total annual sales tax revenue [ ) 5. Other Revenue (taxes, fees, permits, etc. ). Population in the development [ 0 ] x the last year's per capita collectionii) [ $65.80 = total annual sales tax revenue [ 0 TOTAL RECURRING REVENUE [5190.64] B. One-Time Revenues, 1. Building Permits. Administrative fee(3) [ $15.00 ] x number of building permits issued = building permit revenue (1) Developer's projected market value. (2) Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3) Contact the Town Clerk for current factors. ` , _ 2. Use Taxes. Market value of structure(s)(1) ( 0 ) x 50% x 2z = use tax revenue [ 0 ] 3. Water Capital Investment & Repair. Total taps x factor(3) [ S1,000,) = total WCIF [ 0 ) 4. Water Connection Fee. Total taps x factor(3) [ $1,000 ) = total WCF [ 0 ) 5. Water Rights Fee Total taps x factor(3) I $2.500 ) = total WRF I 0 i (not applicable if CST water is transferred to Town) 6. Sewer Plant Investment. (NOT APPI, CABLE) Total taps x factor(3) = total PIF 0 ) TOTAL ONE TIME. REVENUE ( 515.00) II. EXPENDITURES. A. Recurrinf Costs. 1. Street Maintenance. Acres in development(4) [ 18 ] x 4? x factor(3) [ s2.287 ) = total street maintenance costs 2. Police Protection. Projected population at full development(4) 1 0 1 x per capita cost of police protection(3) [ S23.78 )= total police protection costs ( 0 3. General Government. Projected population at full development(4) [ 0 1 x per capita cost of general government(3) ( S87.]8 ) = total general government costs [ 0 4. Parks and Recreation. (1) Developer's projected market value. (3) Contact the Town Clerk for current factors. (4) Developer's projection.- 2. Water Plant. Projected population at full development ( 0 ) x gallons per capita ( 125 ) x cost per gallon of capacity ( $.50 ) = total cost of water plant ( 0 ) 3. Sewer Plant. (NOT APPLICAPLE) Projected population at full development ( ) x gallons per capita(3) x cost per gallon of capacity(16) = total cost of sewer plant ( __) TOTAL ONE-TIME COSTS 0 TOTAL RECURRING REVENUES r 190.64) TOTAL RECURRING EXPENDITURES ( 1,646_) DIFFERENCE (-1 .456 ) TOTAL ONE-TIME REVENUES TOTAL OWE=TIME EXPENDITURES ( 0 ) DIFFERENCE 05.00) Clerk SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 16, 1989 A regular meeting of the Weld County Planning Commission was held on May 16, 1989, in the County Commissioners' Hearing Room, First Floor (#101), Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bud Halldorson at 1:30 p.m. Tape 345 - Side 2 Ann Garrison Absent - telephoned Jerry Burnett Absent Ivan Gosnell Absent Lynn Brown Present LeAnn Reid Present Rick Iverson Present Jerry Kiefer Present Ernie Ross Absent Bud Halldorson Present Also present: Rod Allison, Principal Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary A quorum was present. The summary of the last regular meeting of the Planning Commission held on May 2, 1989, was approved as distributed. CASE NUMBER: 2-449 APPLICANT: Harold Reese, Jr. (continued from May 2, 1989) REQUEST: A Change of Zone from A (Agricultural) and C-3 (Commercial) to PUD (Planned Unit Development) . LEGAL DESCRIPTION: Part of the SE} of Section 10, and part of the NEL of Section 15, all in TSN, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles south of Colorado Highway 119 and west of 1-25. Rod Allison reported the applicant has requested that this case be continued to the June 6, 1989, meeting of the Planning Commission to allow the referral agencies an opportunity to review and respond to additional information submitted by the applicant. The Chairman called for discussion from the audience. There was none. MOTION: Jerry Kiefer moved Case Number Z-449 for Harold Reese, Jr., for a Change of Zone from A (Agricultural) and C-3 (Commercial) to a Planned Unit Development be continued to the regularly scheduled meeting of the Planning Commission on June 6, 1989, at 1:30 p.m. to allow the referral agencies time to review and respond to additional information. Motion seconded by Lynn Brown. Vogtoo p Summary of the Weld County Planning Commission Meeting May 16, 1989 Page 2 The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Jerry Kiefer - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: USR-578 (continued from May 2. 1989) APPLICANT: Daniel Ochsner and Barry Payant REQUEST: A Site Specific Development Plan and a Special Review permit for a • recreational facility located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE} of Section 31, part of the SE! of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 700 feet south of the Town of Evans, approximately 2,100 feet north of the Town of La Salle, west and east of Highway 85, and north of Weld County Road 394. • Rod Allison reported the applicants are asking that this case continued to date uncertain until they resolve a dispute regarding purchase of the property. When the Planning Department is notified that the applicants have resolved this dispute, we would have them repost the property and the newspaper of record would carry notice of this Special Use permit as well as surrounding owners and minerals owners would be recontacted, given notice of the case. So it is the staff's recommendation that this case be continued to a date uncertain. The Chairman called for discussion from the members of the audience. There was none. MOTION: Jerry Kiefer moved Case Number USR-878 for Daniel Ochsner and Barry Payant for a Site Specific Development Plan and a Special Review permit for a recreational facility located in the Agricultural zone district be continued indefinitely to allow the applicants to resolve a dispute regarding purchase of the property. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Jerry Kiefer - yes; Bud Halldorson - yes. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting May 16, 1989 Page 3 CASE NUMBER: USR-879 APPLICANT: Brett Wayne Branch REQUEST: A Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E} NE! of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of Kersey; south of Weld County Road 50, west of Weld County Road 57 APPEARANCE: Brett Wayne Branch, property owner and applicant, reported this request is for a heliport for private use and their own pleasure. At the present time, he does not hold a commercial license. However, when he does obtain a commercial license there is a possibility that he may also do some commercial crop dusting and spraying. The Chairman called for discussion from the members of the audience. Jim Kato, surrounding property owner, is not against this request being granted. He is concerned that if commercial crop dusting and spraying is done, all chemicals will be stored and handled according to the Environmental Protection Agency's standards. The Chairman asked Mr. Branch if he had reviewed the recommendation, conditions, and development standards presented by the Department of Planning Services' staff. He stated he has and does not object to these. The Chairman asked Rod Allison to read the recommendation, conditions and Development Standards as developed by the staff into the record. AMENDMENT: Lynn Brown moved Development Standard #4 be amended to read as follows: 4. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All chemicals used in crop dusting or spraying shall be stored and handled in accordance with all applicable county, state, and federal regulations pertaining to the usage of such chemicals. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting May 16, 1989 Page 4 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Jerry Kiefer - yes; Bud Halldorson - yes. Motion carried unanimously. MOTION: Lynn Brown moved Case Number USR-879 for Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions as presented by the Department of Planning Services' staff, the Development Standards as presented by the staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Jerry Kiefer. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Jerry Kiefer - yes; Bud Halldorson - yes. Motion carried unanimously. The meeting was adjourned at 2:00 p.m. Respectfully submitted, QeoaS Bobbie Good 1 Secretary . ;.SKATE OF COLORADO BOARD OF LAND COMMISSIONERS .••. ! ^ ;... C: >r Department of Natural Resources 620 Centennial Building ' '• I"' 1313 Sherman St., Denver,Colorado 80203 -• �4;j hO�,p (303) 866.345a .`� •,,. - _. .�. � He • ifra�,r17w • /876 May 4, 1989 commissioners ROWENA ROGERS JOT C.CARPENTER JOHN S.WILKES III I M P O R T A N T NOT I C E OIL AND GAS LEASE AUCTION SCHEDULE FOR LAST HALF OF 1989 Auction Date Deadline for Submitting Tract Requests September 21, 1989 (Thursday) July 21, 1989 December 21, 1989 (Thursday) October 20, 1989 The demand for oil and gas and mining leases on state land is currently at a low level. Until this level of demand changes, the State Land Board will hold lease auctions on a quarterly basis. • Document 2524D VTHQNVSABATINILR. LADWIG RUTHJ, KARV Administrator Minerals Director Deputy Register 620 Centennial Building Phone (303) 866-3454 1313 Sherman Street STATE BOARD OF LAND COMMISSIONERS OF THE STATE OF COLORADO Oil and Gas Luse Auctieti Thursday, June 15, 1989 10:00 AM 220 Centennial Building 1313 Sherman Street Denver, Colorado 80203 NOTICE IS HEREBY GIVEN, That the State Board of Land Commissioners, by means of its regular leasing procedure (oral bidding) , intends to grant oil and gas leases on the tracts listed. ' Leases will be on Colorado Oil & Gas Lease Form 193.5 (Rev, 4/84) , as amended. The Board reserves the right to reject any and all bids, and to withdraw any tract at any time. PAYMENT IN FULL FOR ANY AND ALL TRACTS IS DUE AND PAYABLE AT THE CONCLUSION OF THE SALE. SIGHT DRAFTS WILL NOT BE ACCEPTED FOR ANY PAYMENT. TRACT NO, ACRES SUBDIVISION SEC.TWP.RCE. COUNTY PATENTED 1 640.00 All 36-5S-63W Arapahoe All 2 641.12 All Tract 66 Res. of 36-33S-44W Baca All Described as: 27.64 ac. , Lots 17, 19,21,23,25 25-33S-44W 613.48 ac. , Lots 1-5, 8.17,20,21,23-25 36-335-44W 3 640.01 All Tract 40A Res. of 36-33S-46W Baca None Described as: 9.37 ac. , Lots 9,10 30.33S-45W 17.67 ac. , Lots 9,10,11 31-33S-45W 212.19 ac. , Lots 2.4, 6,8,10-13 25-33S-46W 400.78 ac. , Lots 1-4, 7-11,13,15,17 36-33S-46W 4 640.00 All Tract 38 Res. of 16-345-46W Baca None Described as: 12.17 ac. , Lot 2 8-34S-46W 101.03 ac. , Lots 13, 16,18,21 9-34S-46W 470.17 ac. , Lots 2-9, 12-16,18,20,22 16-34S-46W 56.63 ac. , Lots 1,4,5,8 17-34S-46W Page _.1_ of _ TRACT NO, ACRES SUBDIVISION SEC.TWP.RCE. CD= PATENTED 5 467,57 All Tract 41 Res, of 16-355-47W Bata None Described as: 11.06 ac. , Lot 2 8-35S-47W 119.89 ac. , Lots 2,4,6,8 9-355-47W 310.82 ac. , Lots 11-18, 21-24 16-35S-47W 25.80 ac. , Lots 9,14 17-35S-47W 6 200.00 NW/4SE/4; S/25/2 2-23S-51W Bent None 7 400.00 E/2NE/4; S/2 10-235-51W Bent None 8 320.00 NW/4NE/4; NW/4; 11-23S-51W Bent None W/2SW/4; SE/4SW/4 9 280.00 N/2NE/4; NW/4; 15-23S-51W Bent None NW/4SW/4 10 640.00 All 17-238-51W Bent Part 11 160.00 SE/4 18-23S-51W Banc All 12 160.00 NE/4 19-23S-51W Bent All 13 321.01 Lots 5-12 (S/2) 4-15S-42W Cheyenne All 14 640.00 All 16.68.60W Elbert None 15 640.00 All 16.9N-92W Moffat All 16 640.00 All 16-10N-92W Moffat All 17 721.00 All Res. of 36.11N-92W Moffat None Described as: 52.99 ac. , Lots 9,10, 12,14 6-10N-91W 489.90 ac. , Lots 6,8, 10,12-16,19-26 31-11N-91W 26.98 ac. , Lots 5,15 1-10N-92W 151,13' ac. , Lots 2,3,5 36-11N-92W 18 30.90 Lots 9,10 14-12N-92W Moffat All 19 5.50 Lot 8 15-12N-92W Moffat All 20 97.98 Lots 12,16,17; Frac. 18-12N-92W Moffat All Pt. Lots 11,14,15 21 422.80 Lots 7,8,10,14,17-20; 19-12N-92W Moffat Part Tract 42; Frac, Pt. Lots 9,11,13 Page ._2.- of ..,1_ TRACT NO. ACRES SUBDIVISION $RC.TWP.RGE‘ COEIX FATENTED 22 88.67 Lots 9,10 20-12N-92W Moffat None 23 261.54 Lots 2,6,7 21-12N-92W Moffat All 24 130.63 Lots 1,6,7,15,17 22.12N-92W Moffat Part 25 90,69 Lots 8,10,11 27-12N-92W Moffat None 26 257.18 Lots 1,2 29-12N-92W Moffat None 27 22.80 Lot 9 30-12N-92W Moffat None 28 640.00 All 36-12N-92W Moffat None 29 640.00 All 36-9N-93W Moffat None 30 640.00 All 36-10N-93W Moffat None 31 79.60 Lots 28,30; Frac. Pt. 13.12N-93W Moffat All Lots 12,23,25-27,29 32 55.44 Lots 18-20,22,24, 14.12N-93W Moffat Part 26,28 33 640.31 All Res, of 16-12N-93W Moffat None Described as: 301.13 ac. ,Lots 6-13, 16-19 16-12N-93W 56.01 ac. , Lots 5,14,15 17-12N-93W 44.38 ac„ Lots 1,4 20-12N-93W 238.79 ac. , Lots 2-6, 8,10,12 21-12N-93W 34 24,94 Lots 2,15 22-12N-93W Moffat None 35 528.54 Lots 1-6,8,10,12-22, 23-12N-93W Moffat Part 25,27,28,30,32,34 36 630.55 Lots 2,4-36; Frac. 24-12N-93W Moffat Part Pt. Lots 1,3 37 242.00 Lots 2-6,8,10,12 25-12N-93W Moffat None 38 43.93 Lots 1,4 26-12N-93W Moffat None 39 642.11 All 1-37N-14W Montezuma All 40 640,00 All 24-38N-14W Montezuma All 41 320.00 W/2 36-2N-55W Morgan None Page _2_ of TRACT NO. earl SU$DIVISION $EC.TWP.RQ . QOUNTY pATENTFI1 42 160.00 SE/4SW/4; NE/4SE/4; 26-5N-58W Morgan None S/2SE/4 43 160.00 NE/4 35-5N-58W Morgan None 44 640.00 All 36-5N-58W Morgan None 45 640.00 All 16.1N-85W Routt None 46 160.00 SE/4 16.9N-56W Weld None 47 320.00 E/2 36.7N-61W Weld All 48 80.00 E/2SW/4 11.3N-62W Weld None 49 40.00 NE/4NE/4 16-6N-66W Weld All Surface locations for any wells drilled on this lease must be west of the west property line of lots fronting on County Road 31. (See Board for additional detail.) TOTAL ACRES OFFERED: 17.526.$7 Errors sometimes occur in the listing though every effort is made to avoid them. The Board is not liable for any inconvenience or loss caused by errors which may occur. Corporations must be registered and in good standing with the Secretary of State's Division of Corporations to do business in Colorado. N0TEL Receipts for all rental payments after the first year will not be mailed to lessees unless a stamped, self-addressed envelope accompanies the rental payment. SALE ZROCEDURES All tracts will be offered for sale by oral bidding at public auction. All monies are due immediately after the sale. Rentals and bonus bidding are on a per acre basis. The minimum bid, often called the opener by the auctioneer, is the first year's rental of $1.00 per acre or fraction thereof, plus the statutory fees.* The bidding beyond the minimum is a bonus bid and the winning bidder will pay the amount bid plus the first year's rental and fees. The bonus is a one time payment only while the rentals are annual and continuous whether or not production is established. Page 4 of __ The bidding is in multiples of $1.00 but this may be changed at any time by the Board. The lease will, of course, be awarded to the highest bidder. *FEE SCHEDULE: 160 acres $12.75 161-320 14.25 321-480 15.75 481-640 17.25 S1.50 for each aggitional 160 acres WARNING There is no assurance that there is any potential for production on any tract offered for leasing by the State Board of Land Commissioners. Document 6745D Page 1 of CP rr nOF CO�4441 p `v�J ?1 �r ROY R.ROMER n, ,.-_ y' *I JOHN W.ROID GOVERNOR -.r •�' • M• DrRECTOR J • �• *1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)868.2611 MEMORANDUM TO: Local Government Officials FROM: John W. Rold, Director and State Geologist:a / DATE: May 15, 1959 SUBJECT: REVIEW FEE INCREASES The Geological Survey has been on cash funding for almost six years now. In that time we have increased our fees only once. Unfortunately, over the last few years inflation has eroded the purchasing power of our fees, as it has in all sectors of the service industry. Regrettably we must announce a fee increase which will become effective July 1 , 1989. As indicated on the attached revised fee schedule, small subdivisions will increase from $190.00 to $285.00 ($305 if not prepaid); and large subdivisions from $325.00 to $395.00 (5420 if not prepaid). The schedule also shows the fees for other types of applications and projects. The apparently disproportionate increase in the fee of small subdivisions (34% vs. 18% for large subdivisions) is in recognition of the fact that small subdivisions require the same amount of clerical work (logging, invoicing, and filing) and often as much, or more, professional time (review and inquiries) as the large ones. Over the years, we have found that one of the major headaches associated with cash funding; is directly related to the billing prncacc. Therefore; we have devised a fee schedule that rewards those users who pay in advance. This price reduction in fact reflects the savings realized from not having to invoice and monitor the payment of an account. We would also like to pass on to school districts the savings realized when multiple applications for sites in the same area are submitted together. Because state law requires that all school sites be visited, the coordinated visitation of multiple sites reduces travel time and expenses such as lodging and gas. The actual fee for a multiple site review depends on the total number of sites, their proximity to each other, and the complexity of the review. Fees will need to be negotiated in advance. The revised fee schedule reflects the savings that can be realized by the school districts. 4464 GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE • a O tt) oc•coto \Er(J rat-seril ROY R.ROMER * .h'�re\ * JOHN W.ROL0 GOVERNOR * ,yy3�� * DIRECTOR f87o COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 716 STATE CENTENNIAL 0UILOING- 1313 SHERMAN STREET DENVER.COLORADO 80203 PHONE(303)666.2611 STANDARD FEE SCHEDULE FOR THE MOST COMMONLY USED SERVICES EFFECTIVE JULY 1 , 1989 1 ) Small subdivision review: (those with lots for ten or fewer dwelling units) , also replats *of existing approved subdivisions, rezonings or sketch plans for twenty acres or less, major activity notice reviews, and water quality applications reviews. Cost $285.00 prepaid; 5305.00 not prepaid 2) Medium and large subdivision reviews: (those with lots for more than ten dwelling units7, rezonings or sketch plans for more than twenty acres. Cost $395.00 prepaid; $420.00 not prepaid 3) Very large and complex subdivision, master elan, or PUD: (generally requires field check and much more review time). Cost varies considerably, but may exceed $1 ,000.00 based on minimum fee plus excess hours and travel . 4) Excess time or travel charges will be made for those expenditures in excess of the normal range of review time (maximum five hours on small reviews or seven hours for large reviews) , or for extensive travel related to a particular case: Extra review time ...$46.00 hr. Geologist C; $60.00 hr. Sr. Geologist Travel at current state, rates, as of 07/01/89 Per Diem SCurrent state rates Vehicle mileage: 20¢/mi.; 28¢/mi 4WD Other travel at actual cost (e.g., auto rental , plane fare) Although it is expected that 90 percent or more of the reviews listed in 1 ) and 2) above will fall within the estimated time and costs built into the listed standard charges, it is necessary in fairness to all users to provide for those cases that will incur excess review costs. As stipulated in C.R.S. 30-28-136, it is the responsibility of the county commissioners. or its representatives, to submit copies of subdivision plans to the CGS. It should also be noted that the statute has been amended and now states that reviewing agencies shall make recommendations within thirty-five days after the mailing by the county, or its representative. However, reviews are performed as quickly as possible. *The replat fee applies only to those subdivisions previously reviewed pz us, within the last five years. GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE ADDITIONAL SERVICES BY CGS REQUIRING AN AGREEMENT AND PRICE ESTIMATE Price ranges shown here are only suggested for your general information. Actual prices will vary according to your specific needs, size and complexity of the individual project, staff assigned by us, and amount of travel and follow-up work required. Please contact Candace Jochim (866-2611) to discuss details of your review or other project needs. In some cases, a fixed cost may be practical . In others it will be more practical to use hourly fees plus other direct costs attributable to your work. DESCRIPTION OF SERVICE ESTIMATED COST OR RANGE COMMENTS Solid waste disposal site Basic review, $1200 to Basis: 30-40 hr. application review $1800, extra for testimony prof. time and travel Water Quality problems Highly variable, Septic tank failures, need job estimate Brine pit contamination, Old landfill , Methane in water wells, Hydrocarbon leakage from storage facilities Water Qual . Applic. reviews Standard fee No. 1 , $285 Possible surcharge if prepaid, otherwise $305 Geological review of new $200 to $600 in most cases Variable depending local environ. health regs. on complexity Geologic hazard studies and Basic reviews $500 to Recommend individual reviews Review of detailed $3,000 plus travel , project estimate geologic hazard mitigation extensive follow-up extra reports: mine subsidence, slope instability, dam site and/or active fault studies, mudflow/ debris flow mitigation, etc. Expert testimony in local Minimum approx. $500 for one Cost highly government or other admini- day, possibly less if variable, includes ctrrtive or judicial forums. minimal travel . prep. time testimony and travel . Geological assistance with Highly variable, depending Based on actual planning area studies. on time and travel hours and travel Geologic hazard or mineral Highly variable, depending Recommend individual resource conservation map on size and complexity project estimate Site reconnaissance for public Typical $450 to $650 plus May be more for facilities (sewage treatment travel large sites and plants, public buildings, etc.) extensive travel -2- Schools Single school site; $625. Multiple submittals from the same district, submitted at the same time: (Not to exceed the number of sites that 'nine reasonably visited in one day.) $625 for the first one; and $325 for each additional one. Mineral resource and/or conservation reviews Typical cost $350 to $800 May be more if Master Extraction Plan for sand, issues are complex gravel or quarry aggregate Specific Mineral Resource Typical cost $350 to $800 As above Area Evaluation Major quarry aggregate Typical cost $1500 to $2500 Depends on size application review: local and complexity rezoning, local mining permit, etc. Small gravel pit or borrow Standard fee No. 1 , $285 pit application if prepaid; $305 otherwise Information regarding other services consistent with our statutory duties on request. Additions 1 ) fee for bad checks - $25.00 2) fee for retrieval of archived documents - $25.00 per file. 3) invoices for services will be directed to the county unless another address is provided. -3- 4343 HEARING CERTIFICATION DOCKET NO. 89-21 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINE AND MATERIALS PROCESSING FACILITY - C & M COMPANIES (DISTEL FARM RESOURCES) A public hearing was conducted on May 17, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated April 26, 1989, and duly published May 4, 1989, in The New News, a public hearing was conducted to consider the application of C & M Companies (Distel Farm Resources) for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. He said the Planning staff is recommending a change to Condition P6, and submitted copies of the proposed change. Mike Applegate, of Tuttle Applegate Rindahl, Inc.. came forward to represent the applicant. He explained the request and answered questions of the Board. Mr. Applegate said he has been in contact with the Engineering Department concerning a Road Improvements Agreement. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of C & M Companies for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards proposed by the Planning Commission, with Condition #6 amended as requested. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 22nd day of May, 1989. APPROVED:'1/4711/2/44-n N BOARD OF COUNTY COMMISSIONERS ATTEST: �iuv\7A�tnt <�.J WELD COUNTY, COLORADO Weld County Clerk and Recorder 47// and Clerk to the Boa C.W. Kirby, Chat n C By: , ' ouf�•i eputy County Cl rk que e J. n:on, Pro-Tem EXCUSED Gene R. Brantner George Kenne Gordo aey TAPE #89-20 DOCKET #89-21 PL0468 890424 HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 17. 1989, at 10:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc. , c/o Howard Duckworth. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison said this hearing was continued from May 10, and the installation of the aeration system is the issue under consideration. Keith Schuett, Planning Department representative, said that a recent inspection determined this facility to be in compliance with the areas identified in the Resolution of March 22. Robert Gehler, attorney for Weld County Disposal, Inc., asked that this Show Cause Hearing be dismissed. He commented that a muffler has been installed to abate the noise of the aerator pump. Mr. Oehler asked that the restriction on the taking of water be lifted as long as the freeboard level is maintained. Mr. Schuett said the Health Department has concerns about how the aerator system is being operated. Wes Potter, of the Health Department, said a recent inspection by his department showed areas the facility needs to monitor closely to avoid compromising the berms. Tom Cope, of Total Engineering, explained the steps being taken to address the Health Department's concerns. Tim Trostel, a neighbor of this facility, asked questions about how the aerator system will be operated. (Tape Change #89-21) Mr. Cope explained the limitations on running the system. Commissioner Lacy moved to dismiss this Show Cause Hearing. Commissioner Johnson seconded the notion. Concerning the lifting of the restriction of intake, Mr. Potter said evaporation will occur faster with the aerator system: therefore, the restriction could probably be lifted. Mr. Morrison advised that the restriction will automatically be lifted with the dismissal of this hearing. Commissioner Johnson urged the operators of this facility to comply with the freeboard regulations. The motion to dismiss this Show Cause Hearing carried unanimously. 890429 Page 2 SHOW CAUSE HEARING - WELD COUNTY DISPOSAL, INC. This Certification was approved on the 22nd day of May, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: ‘1/4771(*la<114;1/4) WELD COUNTY, COLORADO Weld County Clerk and Recorder fir/ and Clerk to the Boar C.W. Kirby, Chai an ' By: putt' ounty C e J cqu ne b son, Pro-Tem EXCUSED Gene R. Brantner /e I George K nn G d . La TAPE #89-20 & #89-21 DOCKET #88-48 PL0447 890429 HEARING CERTIFICATION RE: HEARING TO CONSIDER PROBABLE CAUSE FOR REVOCATION OF SPECIAL USE PERMIT 41454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on May 17, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Erantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative. Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider probable cause for the revocation of Special Use Permit #454, issued to Weld County Disposal, Inc. , c/o Howard Duckworth. Robert Gehler, attorney for Weld County Disposal. Inc., said they had no objection to proceeding with only three Board members present. Keith Schuett. Planning Department representative, said inspections by the Planning Department and the Health Department have determined that the property is not in compliance with Development Standards 4 and 15 of Special Use Permit #454. issued to Weld County Disposal, Inc. Wes Potter, representing the Weld County Health Department, spoke about the violations of the Solid Waste Disposal Site Regulations, which would be violations of Development Standard #4. Mr. Potter submitted photographs showing alleged violations. Mr. Gehler said that an engineer has been retained to work on the problems of this facility, and that a disposal plan is being presented. Howard Duckworth, principal owner of Weld County Disposal, Inc. ; Tom Cope, of Total Engineering; and Tim Trostel, a neighbor of the facility, made comments. Commissioner Kennedy moved to find that there is probable cause to consider revocation of the Special Review Permit and set a Show Cause Hearing for June 28, at 10:00 a.m., with the issues contained in the May 17 memos from the Health and Planning Departments to be considered at said hearing. The motion was seconded by Commissioner Johnson, and it carried unanimously. This Certification was approved on the 22nd day of May, 1989. APPROVED: .,cc//.� - .� • 1 BOARD OF COUNTY COMMISSIONERS ATTEST: rlGldJ WELD COUNTY, COLORADO Weld County Cle k and Recorder r✓ and Clerk to the Board C.W. Kirby, Chai n D puty County Cler aCquel °L J•hn=on, Pro—Tem EXCUSED Gene R. Brantner George Kennedy TAPE #89-21 EXCUSED PL0447 Gordon E. Lacy /� 890430 /:n'. f ',r .:� '.C.L 1 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 22, 1989 TAPE #89-21 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 22, 1989, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner C.W. Kirby. Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 17, 1989, as printed. Commissioner Kennedy seconded the motion, and it carried with Commissioner Brantner abstaining because he was excused from said meeting. CERTIFICATIONS OF HEARINGS: Commissioner Kennedy moved to approve the Certifications for the hearings conducted on May 17, 1989, as follows: 1) Special Review Permit, C 5 M Companies (Distel Farm Resources) ; 2) Show Cause Hearing, Howard Duckworth, dba Weld County Disposal, Inc. Commissioner Johnson seconded the motion. and it carried with Commissioner Brantner abstaining because he was excused from said hearings. Commissioner Kennedy moved to approve the Certification for the Probable Cause Hearing for Howard Duckworth, dba Weld County Disposal. Commissioner Johnson seconded the motion, and it carried with Commissioners Brantner and Lacy abstaining because they were excused from said hearing. ADDITIONS: The Chairman deleted Item #1 under New Business. PROCLAMATION: PROCLAIM MAY 29, 1989, AS MEMORIAL DAY: Chairman Kirby read the Certificate into the record. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Lacy seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Lacy, reporting on Engineering Services, said that Weld County Road 5, between State Highway 52 and Weld County Road 6, has been paved and the shoulder work is being done at this time. He said 53% of the 350 mile goal for graveling has been completed, and 223 loads of asphalt for paving were hauled last week. Commissioner Lacy said the installation of the corrugated metal pipe at the Business Park is now complete. There were no other reports at today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $598,096.81 Social Services 11,330.00 Handwritten warrants: Social Services 689.04 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEAD START AND LEANNA NOONAN AND AUTHORIZE CHAIRMAN TO SIGN: Linda Perez, representing the Department of Human Resources, said this Agreement states that Ms. Noonan shall provide certain services to the special needs migrant children. Commissioner Johnson moved to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER RESOLUTION RE: ACCEPTANCE OF TWO NOTICES OF CLAIMS OF LIEN: Mr. Warden explained that in the past, when a municipality placed a lien against a property for a local improvement district or for utilities, when the property was sold as tax deeded, those liens were wiped out. He said it is provided for, by statute, that the liens can be certified to; therefore, eliminating the possibility of two separate tax sales. Mr. Warden said that Mr. Keirnes, County Assessor, and Mr. Loustalet, County Treasurer, are both in agreement with this acceptance. Commissioner Lacy moved to approve this Resolution and direct the Assessor to add the liens to the general taxes for this year. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER REQUEST FOR TRAFFIC CONTROL DEVICES ON WCR 16 AT ITS INTERSECTION WITH WCR 79: Commissioner Lacy moved to refer this request to the Road and Bridge Department for its recommendation. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER REQUEST FROM EDDY OIL COMPANY FOR TWO QUIT CLAIM DEEDS AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said Weld County previously received deeds for road purposes only on these parcels. He said the properties are no longer being used for road purposes, and the title company is requesting that the County quit claim the minerals under the two roads. Commissioner Johnson moved to approve the two Quit Claim Deeds for Eddy Oil Company and authorize the Chairman to sign. The motion, which was seconded by Commissioner Lacy, carried unanimously. 1 Minutes - May 22. 1989 Page 2 SECOND READING OF ORDINANCE NUMBER 118-I, IN MATTER OF AMENDING AND DELETING PORTIONS OF ORDINANCES NUMBERS 118-G AND 118-H, WELD COUNTY PERSONNEL POLICY HANDBOOK, AS AMENDED: Commissioner Johnson moved that this Ordinance be read into the record by title only. Seconded by Commissioner Lacy, the motion carried unanimously. Mr. David read the title into the record. There was no public comment offered concerning this Ordinance. Commissioner Johnson moved to approve the second reading of Ordinance Number 118-I and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Lacy, the motion carried unanimously. PLANNING: CONSIDER` RESOLUTION RE: BUILDING CODE AND ZONING VIOLATIONS - ARCHER; PRIMA OIL & GAS; LYCO ENERGY CORPORATION; SMITH; AND DAIGLE: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Lee and Judith Archer; Prima Oil & Gas; Lyco Energy Corporation; Hal Herbert Lee Roy and Christine Smith; and Ira and May Daigle for Building Code and Zoning violations. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER RESOLUTION RE: SUBDIVISION REGULATIONS VIOLATIONS - C.F.T., INCORPORATED: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against O.F.T. , Incorporated for violations of the Weld County Subdivision Regulations. Commissioner Kennedy seconded the motion which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance #118-I was approved at today's meeting. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:15 A.M. APPROVED: '1/4717Y274 a ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Chai n eputy County Cl •c•uel1 e Jo on, Pro—Tem EXCUSED DATE OF SIGNING Gene R. Brantner / 0 eoxge Kenne Gordo g �f' Minutes - May 22, 1989 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, May 24, 1989 Tape #89-21 and #89-22 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of May 22, 1989 ADDITIONS TO AGENDA: New Business: 6) Declare Leitz microscope as surplus APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Drew Scheltinga, Engineering Director ELECTED OFFICIALS: 2) George Goodell. Road and Bridge Director COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present oil and gas leases - Don Warden 2) Present sale of Leitz microscope and accessories - Sheriff's Dept. 3) Present chip and seal - Road and Bridge Dept. BUSINESS: NEW: 1) Consider Resolution re: Partial Release of Deed of Trust and authorize Chairman to sign necessary documents 2) Consider installation of traffic control devices on Turner Boulevard at State Highway 119 3) Consider installation of traffic control devices on McAvoy Avenue at 37th Street 4) Consider Resolution re: Declare certain vehicles as surplus property 5) Consider Resolution re: Cancel commissioner's meeting for June 14, 1989 PLANNING: 1) ZPAD #35-46 - National Hog Farms 2) Consider probable cause for revocation of USR #481 - Cervi 3) Consider Resolution re: Building Code Violations - LaRose; and Schesser CONSENT AGENDA APPOINTMENTS: May 24 - Meeting with Larimer County Commissioners 12:00 NOON May 25 - Human Resources Council 8:30 AM May 26 - Centennial Developmental Services Board 9:00 AM May 26 - Extension Board 11.00 AM May 29 - HOLIDAY May 30 - Work Session 10:00 AM Jun 1 - Island Grove Park Advisory Board 3:30 PM HEARINGS: May 24 - Preliminary Rearing, Casa Grande/Enchanted Hills Local Improvement District 10:00 AM May 31 - Amendment to USR #726, Vacate Development Standard #4, Ralph Nix Produce, Incorporated 10:00 AM May 31 - Amendments to Weld County Zoning Ordinance 10:00 AM Jun 5 - Show Cause Hearing. Tatum (Cont. from 11/7/88) 9:00 AM Jun 21 - Special Review Permit, Home business (beauty salon), Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM COMMUNICATIONS: 1) Hopp, Beckmann 6 Lionberger, P.C. , re: Wagoner Annexation 2) Certificate of Insurance - Jones Intercable, Inc., et al. 3) Natural Energy Resources Company re: Gunnison Basin water 4) State Dept. of Natural Resources re: Oil and Gas Lease Auction 5) State Court of Appeals re: Elliott. et al., vs. Board of County Commissioners, et al. PLANNING STAFF 1) ZPMH #1554 — Gruen APPROVALS: 2) ZPMH #1558 — Benedict RESOLUTIONS: * 1) Approve Board action concerning request for traffic control devices on WCR 16 at its intersection with WCR 79 * 2) Approve Quit Claim Deed, SE} 525, T4N, R66 * 3) Approve Quit Claim Deed, Si SW} 530, T4N, R66 * 4) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 5) Approve declaring certain vehicles as surplus property * 6) Approve cancellation of Commissioners' meeting for June 14, 1989 * 7) Approve partial release of Deed of Trust * 8) Approve Tavern Liquor License for Henry L. Walker, dba Bears Sports Saloon * 9) Approve 3.2% Beer License for Eugene Russell, dba The Little Store * Signed at this meeting Wednesday, May 24, 1989 RESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST FOR TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 16 AT ITS INTERSECTION WITH WELD COUNTY ROAD 79 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, the Board has received a request from Bruce Klausner, et al. , for the installation of traffic control devices on Weld County Road 16 at its intersection with Weld County Road 79, and WHEREAS, the Board deems it advisable to refer said request to the Road and Bridge Department for its recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request from Bruce Klausner, et al. , for the installation of traffic control devices be, and hereby is, referred to the Road and Bridge Department for its recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989. y BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder Gr and Clerk to the Board C.W. Kirby, Ch irman BY: l a.que ne J son, Pro-Tem Deputy Count C erk / EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner George lien edy County Att rney Gordoxf .. ►- 0-C7 j n.- -� iV�✓i/ 890441 Bruce Klausner 5-15-89 7528 WOE 79 Roggen Co 80652 849-5237 Board of County Commisioners, We have a blind intersection at Road 16 & Road 79. We have a yeild sign on Road 79 coming from the North..and would like to have a stop sign installed on Road 16 coming from the West. Most of the traffic is North-South. People come from the West at 50-60 MPH and don't realize that the people coming from the North don't stop. 7n4 ccro/17o aocSR atia- Sicc trcK D aou.c.-¢W Coo Coc,<2 J O 39e66 CV /6 R 1665.2 /i/. yf2f;I 2, , 590441 RESOLUTION RE: APPROVE QUIT CLAIM DEED CONCERNING MINERAL RIGHTS AND AUTHORIZE THE CHAIRMAN TO SIGN 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, pursuant to a Deed dated January 3, 1921, recorded at Book 612, Page 329, in the records of the Weld County Clerk and Recorder, Weld County acquired certain property for road purposes only, with said property being described as follows, to-wit: Township 4 North, Range 67 West, 6th P.M. Section 25: A strip of land 20 £eet in width off of the extreme east side of the SE} of said Section 25 and a strip of land 20 feet in width off the extreme north side of said SE1 WHEREAS, the Board has now received a request to Quit Claim any interest in the oil, cat and associated hydrocarbons in and under the above described parcel, which it may have acquired under and by virtue of said Deed of January 3, 1921, and WHEREAS, after study and review, the Board deems it advisable to grant the request for a Quit Claim Deed, a copy of said Deed being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed conveying any interest in the oil , gas and associated hydrocarbons in and under the hereinabove described parcel, to those parties named on the attached Deed, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Quit Claim Deed. /, , L 890444 I< 6 iJ Li- Page 2 RE: QUIT CLAIM DEED - S25, T4N, R67W The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989. y BOARD OF COUNTY COMMISSIONERS ATTEST: / �� WELD COUNTY, COLORADO Weld County erk nd Recorder and Clerk tO the Board C.W. irb y, C irman CRY--:-- 0714,g).;«- y s) it ine �olhn be on, Pro-Tem eputy CounRS' Clerk EXCUSED DATE OF SIGNING - AYE APPR ED TO FORM Gene R. Brantner -------:-..C7,/,--g-- c2 my .eorge en derCounty Attorney e Gor ! Wcyr 890444 AR2180585 QUIT CLAIM DEED-OIL AND GAS THIS QUIT CLAIM DEED is made this 22nd day of May , 1989, by and between WELD COUNTY, COLORADO,a political subdivision of the State of Colorado acting by and through the Board of County Commissioners of the County of Weld ("Weld County"), as Grantor; and RALPH L BOWEN and JOSEPHINE L BOWEN, individuals whose address is 2309 Greeley Drive, Loveland, CO 80537; BETTY JEAN BOWEN, an individual whose address is 10045 Rolling Ridge Road, Colorado Springs, CO 80911; and DONALD W. BOWEN, an individual whose address is 529 Deines Court, Fort Collins, CO N O 80521, as Grantees. o0 For S10 and other valuable consideration, WELD COUNTY does hereby sell, convey, transfer and o quitclaim unto RALPH L BOWEN and JOSEPHINE L BOWEN, as joint tenants and not as tenants in common, an undivided 75% interest; unto BETTY JEAN BOWEN an undivided 12.5% interest; and unto DONALD W. BOWEN an undivided 12.5% interest in and to all oil, gas and associated hydrocarbons in 0 c and under the following tract of land in Weld County, Colorado: 0 o Township 4 North, Range 67 West, 6th. P.M, `" q Section 25: A strip of land 20 feet in width off of the extreme east side of the SE1/4 of said Section G 25 and a strip of land 20 feet in width off the extreme north side of said SE'/. 1O a It is the intent of this instrument only to convey to Grantees any interest in the oil and gas in and `n under the SE1/4 of said Section 25 which Weld County may have acquired under and by virtue of that certain Deed dated January 3, 1921,recorded in Book 612 at Page 329 of the real property records of Weld County. This deed is made without warranty of title, express or implied. rJ o O IN WITNESS WHEREOF, this instrument is executed as of the date first above written. .,r y • N M Y 1.11 H ATTEST:. i :. .'. . BOARD OF COUNTY COMMISSIONERS 0 m WELD CO• •ERK_ ECORDER WELD COUNTY, COLORADO o uoi W by: �` ' by: if/4 C.W. Kirby, thairma o z Uclec N Q ✓ a x • rn n N 01 O R1 W RESOLUTION RE: APPROVE QUIT CLAIM DEED CONCERNING MINERAL RIGHTS AND AUTHORIZE THE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Rome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and • WHEREAS, pursuant to a Deed dated September 7, 1905 , recorded at Book 212, Page 297, in the records of the Weld County Clerk and Recorder, Weld County acquired certain property for road purposes only, with said property being described as follows, to-wit: Township 4 North, Range 66 West, 6th P.M. Section 30: A strip o? land 20 feet in width off of the south side of the S}SWi of said Section 30 WHEREAS, the Board has now received a request to Quit Claim any interest in the oil , gas and other minerals in and under the above described parcel which it may have acquired under and by virtue of. said Deed of September 7 , 1905 , and WHEREAS, after study and review, the Board deems it advisable to grant the request for a Quit Claim Deed, a copy of said Deed being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed conveying any interest in the oil, gas and other minerals in and under the hereinabove described parcel to those parties named on the attached Deed, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Quit Claim Deed. 890445 Page 2 RE: QUIT CLAIM DEED - S30, T4N, R66W The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Jerk and Recorder get/et and Clerk to the Board C.W. Kir y, Orman C_BY �d�C Jbue ne J�1 nson, Pro-Tem eputy County lerc EXCUSED DATE OF SIGNING - AYF. APPROVED AS TO FORM: Gene R. Brantner , ✓ /,//7 George Kennk z-I)dee_ounty Attorney Gor o cy 890445 E- „ x. sa '''''ti jig .'t1 . RSi st en N r] S [17 N qq, a 6' • k)1 s w o a { ooxM * I .%%4:\ c"tri y —• wN ~ -j i ~ m a. ' O G gaj w i— • 1 P Q i tali 1 • I lit ; I 000 b. - n p ti , ._ , . _ , , _4_44 FS Foam 3800, Juno 1905 7 i v '{{' ( b N N 4 s 0 ' ; hl N r" Xf w q 5 . _ L Y$ r W C' R' p G' Y N ~y T\\\ S.:11. S; ,. KCDx f, 1 11 Sc; m r C t-� 10 :8 .1 M c r E O 9 • ' P,0 Q 5 F� W < n .„� � r 3 h � 7 Ot t*f {=R1 �3 f ` Obi ra tO • e, U1 co,, P' - r (/ R " m r M > l+J 1 I IVr AR218f1737 QUIT CLAIM MINERAL DEED ,,, O THIS QUIT CLAIM MINERAL DEED is made this 22nd day of_Mays_„, 1989, by and between o u WELD COUNTY, COLORADO, a political subdivision of the State of Colorado acting by and through o the Board of County Commissioners of the County of Weld ("Weld County"), as Grantor, and UNION - o PACIFIC RESOURCES COMPANY, a Delaware corporation, P,O. Box 7, Ft. Worth,DC 76101; JERRY o L GRESS and FAYE S. LAIR, individuals, 39 Ward Drive, Greeley, CO 80634; ROBERT C. SILER, a JEANNETI'E V. SILER, RICHARD OTTESEN, MARGARET E. SCHEIDT, SHIRLEY O. WATERS, 0 to FRANK GLENN OTTESEN,and LANAE PENFOLD,individuals,all c/o P.O Box 1,Platteville,CO 80651, o cG as Grantees, yr tO a For $10 and other valuable consideration, WELD COUNTY does hereby sell, convey, transfer and O quitclaim unto UNION PACIFIC RESOURCES COMPANY all of its right, title and interest in and to m all oil, gas and other minerals in and under the following tract of land in Weld County, Colorado: oPe el va Township 4 North, Range 66 West. 6th. P.M. Section 30: A strip of land 20 feet in width off of the south side of the S'1SW1/4 of said Section cc w 30 ONLY AS TO that portion of said S'/2SW'/. included in the following described a a lands: co U u, z A strip, piece or parcel of land 200 feet in width,being 100 feet in width of each side �w of the centerline of the main tracks of the Union Pacific Railroad Company, as the ul c in same has been surveyed, located and staked out, through, upon, over and across the w SW'/,of said Section 30,being the same parcel described in that certain Warranty Deed N m in Book 280 at Page 187, Weld County records. m m o "4 For the same consideration, WELD COUNTY does hereby sell, convey, transfer and m z quitclaim unto JERRY L. GRESS and FAYE S.LAIR,as tenants in common,an aggregate undivided 50% c a interest; unto ROBERT C. SILER and JEANNETTE V. SILER, as joint tenants an not as tenants in a a common, an undivided 10% interest; unto RICHARD OTTESEN an undivided 10% interest; unto m x cx MARGARET E. SCHEIDT an undivided 20% interest;unto SHIRLEY O. WATERS an undivided 3.33%; unto FRANK GLENN OTTESEN an undivided 3.33%; and unto LANAE PENFOLD an undivided 3.34% m .i interest in and to all oil, gas and other minerals in and under the following tract of land in Weld County, N N Colorado: td ry Township 4 North, Range 66 West, 6th, P.M, Section 30: A strip of land 20 feet in width off of the south side of the SV2SWV. of said Section 30 EXCEPT AS TO that portion of said S'/zSW' included in the following described lands: A strip, piece or parcel of land 200 feet in width, being 100 feet in width of each side of the centerline of the main tracks of the Union Pacific Railroad Company, as the same has been surveyed, located and staked out, through, upon, over and across the SW1/4 of said Section 30,being the same parcel described in that certain Warranty Deed in Book 280 at Page 187, Weld County records. It is the intent of this instrument only to convey to Grantees any interest in the oil, gas and other minerals in and under the S'L•SW', of said Section 30 which Weld County may have acquired under and by virtue of that certain Quit Claim Deed dated September 7, 1905, recorded in Book 212 at Page 297 of the real property records of Weld County. This deed is made without warranty of title, express or implied. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. ATTEST: p_,,",'',",,'•" G^� BOARD OF COUNTYCONLvIISSIONERS WELD COUNT'( — RECORDER WELD COUNTY, COLORADO by. C1�11 _6 \ wt by: G W. Kirby, Chairma CREWS & ZEREN PETROLEUM LAND CONSULTANTS 1223 26TH AVENUE.SUITE 2 OREELEI;COLORADO 90631 (303)361-0733 OREELEY (303)6697710 DENVER April 26, 1989 Mr. Torn David County Attorney Weld County 915 10th Street Greeley, CO 80631 RE: Request for Quit Claim Deeds 1. SEy-25.4n-67w (Bowen et al.) 2. S'SW'/,-30.4n-66w (Lair et at) Eddy Oil Company Dear Tom: Enclosed please find two Quit Claim Deeds covering two more strips for road use which would seem to fail under the Morns case. One involves Union Pacific Resources Company and Faye S. Lair et al., and the other concerns Josephine L. Bowen et al. I have also enclosed a copy of each involved deed to the County, along with pertinent pages from Robert D. Hoehn's drilling title opinions, and again ask your help in securing Board approval and execution of the two quit claim deeds. As always,we appreciate your help in clearing up these small, but important, title matters. If you have any questions, please let me know, Regards, William G. Crews, CPL Agent for Eddy Oil Company enclosures WGC/mm 890445 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney' s Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Conrad R. and Alice M. LaRose; and Michael Schesser, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas 0. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Conrad R. and Alice M. LaRose; and Michael Schesser to remedy the violations of the Weld County Building Code Ordinance, 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. Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, COLORADO Weld Countytand Recorder �, and Clerk to the Board C.W. Kirby, Ch rman Jl � ihauina' dhnson, ��`6666 e Pro-Tem eputy County lerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner George County Attorney Gor c 890438 MEMORAnDU WineTo Board of County Commissioners Dm* May 19. 1989 COLORADO From Department of Planning Services s e.«.: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: MOBILE HOME OWNER: BCV-1081 BCV-1081 Conrad R. LaRose S Alice M. LaRose Michael Schesser 2525 Royalty Court 15094 Mary Avenue Colorado Springs, CO 80904 P.O. Box 349 Ft. Lupton, CO 80621 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890438 RESOLUTION RE: DECLARE CERTAIN VEHICLES AS SURPLUS PROPERTY 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, State statute and the Weld County Administrative Manual require that all items disposed of be declared surplus by the Board of County Commissioners, and WHEREAS, the County has identified, on Exhibit "A" , certain vehicles no longer needed by Weld County and recommended to be traded for six new patrol vehicles. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby declares all vehicles listed on Exhibit "A" as surplus property. BE IT FURTHER RESOLVED that the Board hereby authorizes the trade of said vehicles for new patrol vehicles. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. "� L� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board C. Kir15y, Cha rman • } _ ,ng -c_ced r a qu xne hnson, Pro-Tem eputy County erk // EXCUSED APPROVED AS TO FORM: Gene R. Brantner George Ke ne ounty Att rney �/ 4 Gard O9- • �`i :J •� - �J 890439 EXHIBIT A ASSET tt YEAR MAKE VIN u 1504001.5 1986 FORD 2FABP43F8GX178428 15040016 1986 FORD 2FABP43F4GX189118 15040018 1986 FORD 2FABP43F0GX189116 15040019 1986 FORD 2FABP43F9GX189115 15040020 1986 FORD 2FABP43F2GX189117 15040021 1986 FORD 2FABP43F7GX189114 RESOLUTION RE: CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR JUNE 14, 1989 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, a quorum of the Board of County Commissioners will not be present at the meeting of June 14 , 1989, and the Board deems it advisable to cancel said meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board meeting of June 14 , 1989 , be, and hereby is, cancelled because a quorum will not be present at said meeting. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County lerk and Recorder o _ and Clerk to the Board C.W`t it y, C irman Y: a jinen, Pro-Tem Ceputy County erc EXCUSED APPROVED AS TO FORM: Gene R. Brantner C7Z, 0 George Ke e County Attorney Gard ac 3 , 9 /, .92( ,/u!� _%% 890440 RESOLUTION RE: APPROVE PARTIAL RELEASE OF DEED OF TRUST FOR PARKLAND HOMEOWNERS ASSOCIATION, INC. , AND AUTHORIZE CHAIRMAN TO SIGN 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 , on October 17, 1984 , the Board of County Commissioners approved a Deed of Trust for Parkland Estates, said document being recorded at Book 1049, Reception No. 1988865 , of the records of the Weld County Clerk and Recorder, and WHEREAS, the Board has been presented with a request from Parkland Homeowners Association, Inc. , for a Partial Release of Deed of Trust for Lot 1 , Block 1, Parkland Estates, and WHEREAS, after review the Board deems it advisable to approve said Partial Release, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partial Release of Deed of Trust for Parkland Homeowners Association, Inc. , concerning Lot 1, Block 1 , Parkland Estates, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Partial Release and any other necessary documents concerning this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. ‘/_j BOARD OF COUNTY COMMISSIONERS ATTEST: / ' .tv8� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the B and C. W. tt\\\\Kir�\�\\�y, C irman eputy County er acc lin Johnson, Pro-Tem APPROVE AS TO FORM: EXCUSED A Gene R. Brantner � County Attorney George Ke ne • de Cord -'7 /.7 '- 890447 THIS RESOLUTION WAS RESCINDED BY RESOLUTION DATED JULY 10, 1989. /771 tom 890447 Reception No. _—__ — Keconier Reeooled at—.r_-.—__.. O'clock^_M., ! PARTIAL RELEASE OF DEED OF TRUST ii May 24, 1989 Date INC. PARKLAND HOMEOWNERS ASSOCIATION, Grantor(Borrower) COUNTY OF WELD, STATE OF COLORADOOrgginal Beneficiary ( October 17, 1984 Date of Deed I, of Trust I I November 16, 1984 I! Recording Date of , WEIR Deed of Trust 1l County of Recording ', 1988865 Reception and Film Nos. of Recorded Deed of Trust , Mnrgiun N„ him NO 1049 Book and Page of Deed of Trust Mua 9u rqr Nu TO THE PUBLIC TRUSTLE OF WED County (The Public Trustee to which the above Deed of Trust conveys the said . property.) Please execute this release.as the indebtedness has been partially paid and/or the terms and conditions of the trust have been partially satisfied. ; COUNTY OF WELD, STATE OF COLORADO c ,;. cam.tl.au,w)(Lindell C. W. Kirby, Chairman ATTEST: �� I --�-� NWrWbileoiNot e a u e k Recorder y �ie � nosy oacd �(,.„N odds. KNOW'ALL MEN,that the above referenced Grantor(s).by Deed Trust conveyed certain real property described ;, in said Deed of Trust,to the Public Trustee of the County referenced above, in the State of Colorado to he held in trust to I' secure the payment of the indebtedness referred to therein. ! NOW't'I IEREFORE,at the written request of the legal holder of the said indebtedness,and in consideration of the I '. premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee '.. referenced above, do hereby remise,release and quitclaim unto the present owner or owners of the property hereinafter described,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I -- ' have under and by virtue of the aforesaid Deed of Trust in that portion or the property described as follows, to wit: Lot 1, Block 1, Parkland Estates i 1 . I', ' i ; TO HAVE AND '1'O 11O1..D THE SAME, with all the privileges and appurtenances Thereunto belonging forever; and I further,that,.s to the above described property,I do hereby fully and absolutely release,cancel and forever discharge said ' Deed of Trust. Public'I rustee by Deputy Public'trustee Il State of Colorado i County of j I WELD 1 The foregoing instrument was acknowledged before me in I WELD County, State of Colorado,on (date)by I I . as the i I I Public Trustee of ,i t„EELD County,Colorado. Witness My Hand and Seal j Date Commission Expires 1070 9th St-... No. 2ot,jreeley. CV 80631 saw,'ku.,. roe.,sIsm,, pngmar NW('anJ!)cod of'I7us1 Returned to: ' •!' Recedted Hy_ s 890447 No.927.kr..S.xI, I'WTIAI.Rhr It Ssle OY'r4frti rlr MIST flr..nbrd lshh.hmr tea),N nit Nor I,e.M,.n1 tn.,,'II .mb 7n New ,ed V'NI'N IUCr'llltlll I',ol-ft'UN Tn- • ; II v • � = r Er I 1 c I I� II v P ' P !it iI I i $ - ; I I ! I I a I " I ',DV I i I I ' GA 0 II S j 2 P I c I I 0 II :• it I ,.• I I i z , 4 • • O W p I I . of '; I " Imo: ll On I p z ' ii E _III, /.�/ ! �` . I t II z �. II Yil I R V II 1 ~ " E C II .I n ' 7 I n Cd II I it I II I .& c N L C .1 et II - v v ''" E r'_ C3, I I 2 2 c., . m ` G it FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF HENRY L. WALKER, DBA BEARS SPORTS SALOON, FOR TAVERN LIQUOR LICENSE The application of Henry L. Walker, dba Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631, for a Tavern Liquor License came on for hearing on the 10th day May, 1989, at 10:00 a.m. , and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1 . The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2. That the applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION 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, the Board has considered the application of Henry L. Walker, dba Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631 , for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $450. 00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter, as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License for Henry L. Walker, dba Bears Sports Saloon. • : f/ 890406 Page 2 RE: TAVERN LIQUOR LICENSE - BEARS SPORTS SALOON NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby approve the application of Henry L. Walker, dba Bears Sports Saloon, for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, for the reasons stated herein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS 2� wrvi( ATTEST: /1I{ $atrhd WELD COUNTY, COLORADO Weld County Clerk and Recorder /`r and Clerk to the Board C.W. Kir y, Ch rman EXCUSED BY: Q c__ Jacqueline Johnson, Pro-Tem Deputy County C erk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner Ci -�--r-- a'3. Georg e Kenne ► U County Attorney Or Gordon O 890406 etafh@ of C 0 no : cso D Cr. D - o , ®m off Y.?, �� it Liquor Enforcement Division '1 1375 Sherman Street 0 Denver, Colorado 80261 1 Ore WALKER HENRY L BEARS SPORTS SALOON 2519 8TH AVE GREELEY CO 80631 I r C Alcoholic Beverage License g - nva T LICENSE WIRES AT IN0NGNT 1 Ma4uid Number CpvnN OwiMvrtwa L1aC�ib Oele 14-27003-OO2 , 03 206 5813 3 051989[ MAY 18. 1990r l C Type Naar and 0wai$lcn el Lions { r ' is 25 00 J T 7AVFRN LIQUOR I TCFNSF l 4 i I t•fllIUTY RS PFRCFNT nap FFF t 27A 2S L { e .i.c-: TOTAL FEES) $ 301.25 -.))Pil �` . This license is issued subject to the laws of the State of Colorado and especially under the provisions of Tide 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue. Liquor Enforcement Divison, 1375 Sherman Street,Denver,CO 80261. CIn testimony whereof,I have hereunto set my hand. . . --- Th.- $ / MAY �e 1< 1 9 1989 Executi °oirecto Division Director, 4,- E i) OR 0402(3.00) ;- 4 90406 � (:.:.-',„^; 1 .b • w.v A. ; h/ w 1\ /r ww r/ 1 ri r r .0.1,' rr i \w . I w 1 / /`\ 1 I rr r , . w Ir r 1 w /��r�� // 1 ',,,,,:p.`.‘,•.,•;,' Irk\\ , f f//i\\I �i I `I` � /1• /r/, 1 , 1 '/ P^_ '/f\ .. �1 r 1 rR! r r , r t r A , . "- ••••\.:i;:.:. ;�f Ywi/ iwr.- `j ! �` I;i;� �✓ \, t.";��, q� 'v. \tr YI err � \I , �' ;,.4.)(w1 ' /.�'��•. ..� ..�Ji ,, � '1 � re /i• r b,`,,:: i 1 t w O it O C g 0 r� r II I J . p In .c ?'- 1 I ' O' n o u5. rj ° o•n `�` 3Q / f A (/ Yi W ;-,wl, W Fa E 7 O q N 1,I^ •, / ��IY. w a M I d F N S PI '0 0 'E Err a�1 �it ° . ••. `1; 1'l I� Y oz I••1 ch :ii ... rn 1.. 1; c ! J ml '°-1' r. 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' /� tt.' r • � ' '" 1 ��ir If eJ tl i , --____ saxT Aauag `--, , .r' ��' r_ / 2 . 1 , J• /,-, . '6861 'EZ Asti uo aaxCaM dsuag Aq do paxotd sasuao'r A unoo pus 9484$ ( TREASURER'S OFFICE,WELD COUNTY pQ N2 4192 /)n n Greeley.Colorado, .7,!.( .� 19.0:/.., ..p' RECEIVED OF. . ,P�tA.t�. (,.(�0. LA. ' $ , , ;Y,%Z . FOR CREDIT cu-t • County General Fund 101 0000 0 Health Department 119 0000 1 i Human Resources 121 0000 i Social Services 112 0000 Housing Authority I � Road& Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund 590406 / S FRANCIS M, LOUSTALET I ��y I TOTAL AMOUNT County Treasurer asI 1k h19715. LEAVE BLANK TYPE OR PRINT ALL INFORMATION IN BLACK nu LEAVE BLANK \ LMT MAPL NAM PPP .IAMC MIDDLE Mu.F APPLICA vcx 00F'MGE.Pe. E9 _ Y.,ASES ASA R CQC62CCCC 890944766803 4rla GSO R fxEE V.I'fk �.f.xY,x.EL, �, GREEIEY Co "A' ooe .. • D � s/ .C c 3jD� / O!'(Yxtx I' CT/ 5.. I mi. eTe1 HAIR PLMEoi hi," Pea r Q� �c f ( 4.-e r [`/ rpC er x CA LEAVE BLANK —3 'AAA,x. EA'', YfY.xU.VYu[55 —_ �' J-A(" . • • ,?/,. 41go L A '7 "^" AYxfo o L5 0.. MNU 2.57f e/4.ar� tl 'a,u ANULxxxix'EU uALEt v hoc C � '4. 16—I/IC, Le:5 cDh. v L�f't€Jac cSLELLAxfox)xo. MNU (7/� y n/ll/I /PIi3 Y /�/ x;. P r l 11 I I uA ,A i A ,I 119e1 • 11 r I1 .� b 5 ,.,„.0,,\,:),„.4 r��l II . /'/ Mi- - L C: s 'T' ti ;;. u � r 'tg• Ax � YY•1 r �¢t' is sy /FYi5. i 1,!.'Z -, I 1 1021ti I •,Am',, ,. E.&iroQLE A x..RING 5. E.WILL MV+ ' ,pr-'-mss U . '/l111 1 h,k El, Ial� j+ik �l�-�1 emu, ,. 45�tiE�`il,+L�41/"+1/l/i',u* illy', f t.,'. \ il'il /) 4 1 .M1.Y_' LV'4 - him 4.IL a➢L.Wie1.91A0Y. o f iA*I V 'wt.',Li.S,. TAU011 1 A6 L E `� 89(!4 6 SE) j 7 \ - ii. V1 LILt�w Pi;l�+n,, / C/+ wt l 1�/��11 /,I lli frii,� Ii,I I � 1'+ k �E 17rJ %* ---;::: *--7" 4. G-i 1 „L.MVK�- ti r + "c*ei'fG nMT IOPOPEFI } R7..tAPeOuriv . IfFT IOV4 FlM4EuS iAMEY LMLli1NfVVSLY y -'-�' 1 FEDERAL BUREAU OP INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON. D.C. 20537 I 1. LOOP APPLICANT r- C\�\\\\ rCENTTER .Y/r��/ _WsYy�V� ( OF LOOP TO OBTAIN CLASSIFIABLE FINGERPRINTS A61,L,6/,',..L.\\,.\\-.7k.7" ,".7;'. �� U5F HLA P PR TFN S,h• T / I S\T` \\S\ ��r. I DISTRIBUTE INK EVENLY ON INKING SLAB. \ '\ h, �` WASH AND DRY FINGERS THOROUGHLY. L\\ \ ` ��` I I, ROLL FINGERS FROM NAIL TO HAIL,AND AVOID ALLOWING FINGERS TO SLIP. -� - I +. BE SURE IM PRFSSIONS ARE RECORDED IN CORRECT ORDER. A. :'1 AN AMPUTATION OR DEFORMITY MAKES IT IMPOSSIBLE TO PRINT A FINGER. MAKE A NOTATION TO THAT EFFECT IN THE INDIVIDUAL FINGER BLOCK. 1 DELTA -/ -----;-.7-.7-.P, IF SUMC. PHYSICAL CONDITION MAKES IT IMPOSSIBLE TO OBTAIN PERFECT iMPkEL`IONS,SUBMIT '",-.Aw., l��Y_r..._i) ' J . THE HEST THAT CAN BE OBTAINED WITS A MEMO STAPLED TO THE CARD EXPLAINING THE QR. ..J CONSTANCES. THE EINF.ti nFTWLEN CI.NT ER OF i k. EXAMINE THE COMPLETED PRINTS TO SEE IF THEY CAN NC CLASSIFIED, NEARING IN MIND THAT MOST FINGERPRINTS FALL INTO THE PATTERNS SHOWN ON THIS CARD'OTHER PATTERNS OCCUR LOOP AND DI.LTA MUST ;HOW i NFREQUENTLY AHD ARE NOT SHOWN HERE'. 2 WHORL THIS CARD FOR USE RY: CLAY! THIS SPACE BLANK wry' ��V s, LA f F RCFMEN AGENCIES IN F NEFA(PINI INL APPLI_ -M �- . ANTS POP n ENFORCEMENT FONT Ni V I �f1L LTAS 1Oft CAL\EP STATE AND LOCAL GGVCRNMEFT. FUN Hum. f/ F/'/ Vt ,\1 VA 1 U MP G 7/l 111 kk(S"w c\V % L iS STATUTES AND APPk P F M I DF THE AlIT5 ASD OR CY ) T S\' v \'• - GENERAL OF THE UNf ID TATES LGrA AND COME. NH \\.\ I NANCf ',NI F,V 4P[Cf ll'AI I.Y BASF U)NG NPi CAP.IE '.TA IL S ALOE IVNGI_AT FYTHISHFDURFMFN'. .- — IJS GOVERN ENT AGENCIES AND D NCN ENTITIES RF• ' COINED ISY FEDERAL LAW� IA. Dfr f nl l DP FEDERALLY CHARTER/PLR IN ONFD HANK- _ NU INS U IIUN To PROMO N MA COI TA N HP URI 1- 1 SECTY Ur FMUSE NST'TUTIONS. y THESE LINES RUNNING BETWEEN I INSTRUCTIONS: DELTAS MUST RC CLEAR ' H'S' FIRST OF CHECKED THROUGH THI► ''ARREST RECORD{]E1 /�� PRIATF TA F IDENTIFICATION PDREAU, AND OH w••�11„�� V 3 ARCH "It,C,KRHRLNTh FOR MMIC H NO DISQUALIFYING BCOITT RECtilLil illtiara' ia A.'REDO 7D MEETiNG PI LN fDUND LOCALLY H NO BF. ,JBMITTED F I RECORD SC ARCH. PRIVACY ACT OF 1970•P L V)S74,RI QUIRES let- DISSEMINATION�� RAL. STATE OR LOCAL AGENCIES NFGRM IND LIDISSEMINATI0N CRITERIA /'>��/ -7v�Sb WHOSE SOCIAL SECURITY NUMBER IS REQUESTED WHETHER )' i).6//,'W.11"‘,. S� \�� SUCH DISCLOSURE IS MANDATORY OP VOLUNTARY, BASIS OF ./ � wTH-`� AUTHORITY FOR SUCH SOLICITATION. AND USES WHICH WILL /' wr•\\� - lIE MADE OF IT. / I IDENTITY OF PRIVATE CONTRACTORS SHOULD BE SHOWN -- N SPACE "EMPLOYER AND ADDRESS", THE CONTRIBUTORI T APR 20'89 E� 12 /v - TFIT. NAME OF THE AGENCY SUBMITTING ENE FINGERPRINT PTE.•G� rC�.�.-". :r-y :�• . CA ko TO THE FgI. �( l y :-: : J�, I E, 'FBI NUMDFR, IP KNOWN, SHOULD A'WAFS BE F&RR OJ (.I j ? 'I„ .Mr:--0SCPL N THE APPROPRIAKE'SPACL.T ,_ I-RW o f MISCELLANEOUS NO - RECORD: OTHER ARMED FORf¢} NO; _ , �� y :�N�j�' f 1 PASSPORT NO.I PPI, ALIENVEGATRATION NO.IARLP F./;�sd .,_F ,:, ARCHES HAVE NO DELTAS,1 X ARS+ Y CARO Np, IA1,I SEE FCTJAE SERVICE NO, !SS) O/FRuf 114 „ ^i .. AN`s ADMILAYTRATION,C�JM N Q(VA.). CI ,iwiePet0 ) y„ , J 70 „w ), Epdw1PEY.1 V.I/: Qt U.S. DOVE HNM E NT PNINTIN6 orrice IW/)--irs-Io2 • • • 8904 • ` -_ _♦ ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 10, 1989 DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL. INC. DOCKET #89-17L TAVERN LIQUOR LICENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON DOCKET # /JANE / ADDRESS HEARING ATTENDING /o '1 �-11 �rr ay)2 / y'is-in) f7:4 S7— 6pEEcey INCA &0,O ply #iwa{:ex {.��,nuL _ 7470 oL// /:... RI. s 4 7Y 78=-0-7 at:Atf ,il ea 675-5 ≥', C.,„ € ti � � rag ?J- ( ""�� /7/,�2 Si sr lfra'/�L et �L Lr�S & S/lam/'E .('/n, s pm,54 5;54.;, • • • 0904C6 e [ m n- ;7 / /41 IUTTTTT Ln Z } N / ! \� th L'\/} Iiii ) Z { \ \ \ % © ` } 054 r". \- /\ 2 _ 4 } \ 5 I w ` «.Duet Wag_.Ca 1 . \ / \ \ \\ � . : .Li 11th \\ f \ § 1 . . \ .22Ij . , � f ■ . ■ � •0 111 lelg I }tom$ & g $ � Q $ \ii �` � � co ! t ,LU i-4 ^l ^ �2 �© m . k \ \ S ) � hu . . JII& J \ } < I N. 1 } ) m ( / < \ & f })( § ° � 1 . S � .2 ` — kak�. t • • f • OFFICE OF BOARD OF COUNTY COMMISSIONERS 3 ` PHONE(303)356-4000,EM.4200 WILD P.O.BOX 758 GREELEY,COLORADO 80632 O • COLORADO May 3, 1989 Henry Lynn Walker d/b/a Bears Sport Saloon 2519 Eighth Avenue Greeley, CO 80631 RE: Findings of the Investigation of the Board of County Commissioners of the County of Weld Concerning Your Application for a Tavern Liquor License for "Bears Sport Saloon." Dear Mr. Walker: Pursuant to Section 12-47-137(1) , please be advised that the Board of County Commissioners of the County of Weld, Colorado, has made favorable findings in its investigation concerning your application for the proposed liquor licensed premises to be known as "Bears Sport Saloon." The on-site visit by Commissioner George Yennedy on April 26, 1989, revealed the following: (a) The proposed licensed premises is not connected to a different licensed • premises. (b) The applicants' diagram of the proposed licensed premises is correct. (c) There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the proposed licensed premises. The investigation of your character has shown that it is good, and in accordance with Sections 12-47-111(1)(a) (III) and 12-47-111(1)(a)(VIII), C.R.S. 89O406 Henry Lynn Walker Page 2 • May 3, 1989 As you already know, the public hearing will be scheduled for Wednesday, May 10, 1989, at 10:00 a.m., in the First Floor Assembly Room of the Weld County Centennial Center located at 915 Tenth Street, Greeley, Colorado 80631. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO George Kennedy Commissioner GK/TOD:sa ;433406 NOTICE DOCKET NO. 89-17L PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, HENRY LYNN WALKER, D/B/A BEARS SPORTS SALOON, 2519 8TH AVENUE, GREELEY, COLORADO 80631 , HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE FOR CONSUMPTION ON THE PREMISES ONLY, WITH A LOCATION MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2519 8th Avenue, Greeley, Colorado 80631, Weld County, Colorado. DATE OF APPLICATION: MARCH 20, 1989 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: That portion of Section 17, Township 5 North, Range 65 West of the 6th P.M. bounded by 11th Avenue on the west, 20th Street on the north, Highway 85 Bypass on the east, and Highway 34 Bypass on the south THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON WEDNESDAY, MAY 10 , AT 10 :00 A.M. PETITIONS AND REMONSTRANCES MAY BE FILED AT THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS OFFICE, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO. DATED AT GREELEY, COLORADO, THIS 29TH DAY OF MARCH, 1989. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: April 5, 1989, in the Platteville Herald 59 IP a west 20th street lir ,;oa. the north. / 'aY'85 BI'Rass or the east and. WelwaY ast .1f f idavit of Publication south THE HEARING ON' SAID LICENSE WtLBE HELD IN STATE OF COLORADO THE FIRST FLO0R_ County of Weld so. ASSEMBLY ROOM, I A.Winder Wesel of maid County ofWdd bang duly.worn,say WELD: '�COQNTY-• that 1.m pubh heron ;DE N T EN.N 4AL .. PLATTEVILLE HERALD CENTER, 91510th' that.the same is a weekly newspaper or genial circulation was STREET , printed and published in the town of PLATTEVILLE GREELEY. . .COL-. in sold county and state that the notice of advertisement.of which _, 4RAD0 - ON the annexed is a true copy has been published in said weekly ‘. WEDNESDAY,MAY newspaper for - NOTICE , 10. AT 10:00 A.M. -erz„L_ consecutive weeks. thatch* _DOCKET N,O., PETITIONS AND number or add newspaper dw'Iug the period and dine of publication N W.. of said notice the newspaper proper and not supplement .. �. ggZ7L REMONSTRANCES issue of that atews�patp�baufog Ow blication amid t noxe wag contained to the .PU PURSUANT TO MAY BE FILED AT THE LIQUOR THE CLERK TO S Jt o 19Ai and the tea publication THE BOARD OF eatheissueofsaldnewspaper,beutogdam. LAWS OF THE COUNTY COMMIS- SIONERS OF the day or STA fE OF COL- OFFICE, / 1919, that the said ORADO, HENRY LYNN WELD COUNTY " WALKER, CENTENNIAL PLATTEVILLE HERALD D/B/A BEARS CENTER, 915 10th has been published continuously and uninterruptedly during the SPORTS SALOON, period of at least fifty.two consecutive weeks next prior to the first 25.1.5 8TH S:,T:R E E T , lssuethereofconts gsatdnoticeoradveraaanentabovereferred GREELEY, COL- to; and said time that newspaper was at the me of each of the -AVENUE ,... publications of raid notice duly qualified for that purpose within the G R EE LESY, -COL ORADO. meaning of en act entitled. 'An Act Concerning legal Notices. a< - Adverttsements and Publications and the free. of Printers end 0RA DO-:'4063'1' DATED AT Publishers thereof. and to Repeal all Acta and Parts of Metre Conflict with the.Provlslons of thia 17,1921.and HAS : REQUESTED all amendments th7of. of am d by an act THE LICENSING GREELEY, COL. °"`°7r�r,.n ° `j / r`y U OFFICIALS OF 29TH ORADO, DAYT O ( D J publisher WELD COUNTY, MARCH, 1989. / ��,,,,..nn �dW of COLORADO,.. TO 3ub.yytbod_,,.,rd sworn to before me this lbl�/Qyey A Q 1nft GRANT A TAVERN THE BOARD OF. LIQUOR LICENSE. COUNTY COMMIS-- FOR 447 G r FOR CONSUM E SOONERS NotaryPublte T1ON ON THEWELD COUNTY, 415 DER A ENUE PREMISES ONLY, COLORADO WITH A LOCATION BY: MARY ANN F7. LUPTON, CO 80621 MORE PAR:- FEUERSTEIN : TtCULARLY '- WELD COUNTY My commlsoton etches June 1092 DESCRIBED AS CLERK AND ?:cc m :c ldits.h ,c 0,1C,92 FOLLOWS: - RECORDER AND 2519 8!h Avenue. CLERK'" TO" THE Greeley, Colorado BOARD 80631, Weld Coun- BY: Mary Reiff, ty. Colorado. ' ., DATE OF APPI,ICA- Published in the LION: MARCH 20, �atteville Herald 1989 Apra!5, 1989 THE BOARD _OF COUNTY COMMIS- SIONERS OF WELD COUNTY, COLORADO, HAS DECLAREb' :THAT THE:NEIGHBOR- HOOD JO.,;:;BE SERVED;,W'ILt: BE ASFOIXOWS: . That portion of Sec- tion 17,Township 5' North,:; Range 65 890406 West of the 6th P.M. bounded by 11th Avenue on the • Affi avit of Publication STATE OF COLORADO "hDOCKETNO 89.17E County of Weld, PURSUANT TO'THE LIQUOR LAWS OF THE STATE OF' 'COLORADO HEN RY•-' LYNN WALKER ' "D/B/A 1 lQr Seidler of BEARS SPORTS SALOON,'i1519'8TH AVENUE; GREELEY COLORADO said County of Weld. being duly sworn, say that I am 80631 ' HAS 'REQUESTED THE an advertising clerk of LICEN§ING ' OFFICALS OFF WELD THE GREELEY DAILY TRIBUNE, and •TAVERR IOUOR COUNTY;COLOR -LI,TO GRANT A CENSE' FOR THE GREELEY REPUBLICAN CONSUMPTION-ON THE PREMISES that the same is a daily newspaper of general ONLY WITH A' LOCATION MORE circulation and printed and published in the City of PARTICULARLY DESCRIBED AS Greeley, in said county and state; that the notice or FOLLOWS: advertisement,of which the annexed is a true copy,has 2519 8th Avenue; Greetey,'`'CO1-'. been published in said daily newspaper for consecutive oredo80631, (days) (wee c ; that the notice was published in the Weld'County,Colorado. regular and entire issue of every number of said DATE' -OF', 'APPLICATION: MARCH newspaper during the period and time of publication of THE BOARD OF, COUNTY COM- 2B 198.9 said notice, and in the newspaper proper and not in a MISSIONERS OF WELD COUNTY supplement thereof; that the first publication of said COLORADO, HAS DECLARED'THAI' notice was contained in the issue of said newspaper THE NEIGHBORHOOD .JO:.,.BE' bearing date SERVED WILL BE AS FOLLOWS ieity-seventh That portion of Section 17,Township 5 North, ,Rangge,•65 West of'the.6th day of krill A.D. 19S P.M. bounded by.11th Avenue on.the and the last publication thereof; in the issue of said west, ;20th Street on :the north, newspaper bearing date the Highway.,85•Sypass on.the:east,iand Ttrrtty-scvetrh Hi hW 34$ypass on the south • THE HEARING ON SAID LICENSE day of April A.D. 192 WILL BE HELD IN THE FIRST FLOOR. ASEMBLY ROOM WELD that said The Greeley Daily Tribune and The Greeley COUNTY -CENTENNIAL •dENTER, Republican, has been published continuously and 915..10TH•STREET, GREELEY, COL- uninterruptedly during the period of at least six ORADO ON WEDNESDAY, MAY 10, months next prior to the first issue thereof contained AT 10:06 A.M. said notice or advertisement above referred to;that said PETITIONS AND REMONSTRANCES newspaper has been admitted to the United States MAY BE FILED AT THE CLERK TO mails as second-class matter under the provisions of the THE' BOARD''OF COUNTY CON/I- Act of March 3. 1879, or any amendmnts thereof: and MOSSTONERS OFFICE, WELD COUNTY ' CENTENNIAL.. CENTER, that said newspaper is a daily newspaper duly qualified 915 10TH STREET, GREELEY, COL- for publishing legal notices and advertisements within ORADO. the meaning of the laws of the State of Colorado. THIS DATED 'AT DY GREELEY F CH, 1989. ADri 1 27, 1989 THE BOARD OF Total Chatty $74 88 COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD C0UNTYCLERKa-- AND RECORDER Advertising Clerk AND CLERKTO THE BOARD 8&1(LMaryReiff, Deputy Subscribed and sworn to before me this The Greeter Da, 'Tr1b1X1e;, :. 27th A.D.day of April 19$2 April 27;:79$9ly My commission expires 7-?r7.--9y : t, fit.kit-v- .. �- as 0 e RESOLUTION RE: ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON-SITE INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF HENRY LYNN WALKER, DBA BEARS SPORTS SALOON, FOR A TAVERN LIQUOR LICENSE 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, the Board of County Commissioners of Weld County, Colorado, at a public meeting on the 29th day of March, 1989, heard evidence to assist said Board in establishing the neighborhood to be served, designating the Commissioner to make the on-site inspection, and setting the hearing date concerning the application of Henry Lynn Walker, dba Bears Snorts Saloon, 2519 8th Avenue, Greeley, Colorado 80631 , for a Tavern Liquor License, and WHEREAS, the Board did determine that the following described area should comprise the neighborhood to be served concerning said application, to-wit: That portion of Section 17, Township 5 North, Range 65 West of the 6th P.M. , bounded by 11th Avenue on the west, 20th Street on the north, Highway 85 Bypass on the east, and Highway 34 Bypass on the south. WHEREAS, the Board further determined that Commissioner George Kennedy be designated to make the on-site inspection concerning said application, and WHEREAS, the Board further determined that the hearing to consider said application shall be scheduled for May 10, 1989 , at the hour of 10 :00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described area be, and hereby is, declared to be the neighborhood to be served concerning the application of Henry Lynn Walker, dba Bears Sports Saloon, for a Tavern Liquor License. BE IT FURTHER RESOLVED by the Board that Commissioner George Kennedy be, and hereby is, designated to make the on-site inspection concerning said application. • • (l) r • 890286 LCCO890406 s • Page 2 RE: SET HEARING DATE - BEARS SPORTS SALOON BE IT FURTHER RESOLVED by the Board that the hearing date concerning said application be, and hereby is, scheduled for May 10 , 1989 , at the hour of 10 :00 a.m. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 29th day of March, A.D. , 1989 . BOARD OF ATTEST: / ( 2ti4%td WELDCOUNTY,TN COMMISSIONERS COL RADO Weld County �°^a rk and Recorder ii and Clerk to the Board C.W. Kirby, Ch rman 67(Zf, j_^ • ct i,, aJcaue ne J hnson, Pro-Tem Deputy County Clerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner Geo gerKennedy County Attorney /�+: • �l°-� Gordon E. Lacy • 890286 • DATE: MARCH 28, 1989 WELD COUNTY PLANNING DEPARTMENT: WE HAVE RECEIVED AN APPLICATION FOR A TAVERN LICENSE AT THE FOLLOWING DESCRIBED PROPERTY: • 2519 8TH AVENUE. GREELEY (PRESENTLY BEARS INN) PLEASE INDICATE THE NECESSARY INFORMATION AT THE BOTTOM OF THIS MEMO AND RETURN TO US. CLERK TO THE BOARD DE3UTY 1 WHAT IS THE CURRENT ZONING AT THE ABOVE SITE? C-3 `Cen.ne/4 4.f J IS TRIS TYPE OF REQUEST PERMITTED IN THE ABOVE ZONING?�.q WELD COUN PLANNING DEPARTMENT esti7DATED: 4n(r_ 2t /Tfkl 06 890286 ORL 404(Rev.5/63) • DoT WRITE IN THIS BLOCK :•, '..'"'"'",,,, STATE OF COLORADO :.,.:076‘, DEPARTMENT OF REVENUE „ ;$ DIVISION OF LIQUOR ENFORCEMENT 1375 SHERMAN STREET DENVER,COLORADO 80261 USE LICENSE ACCOUNT NO, LICENSE ISSUED THROUGH FOR ALL REFERENCE (EXPIRATION DATE) COLORADO LIQUOR LICENSE APPLICATION LIABILITY INFORMATION COUNTY CITY INOUSTRV TYPE LIABILITY QA E KEY CODE STATE FEE CITY COUNTY PAID 41.9 37-1 49-1 (03) TOTAL FEE Instructions on Page 4 a Application. _ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN 1.Name of Applicant(s): it partnership,list rtners names(at least two);if corporation,name of corporation: Date tiled with Local Authority: //il L fay 6[2-,,I eL- 3 -7c 5'9 State Sales Tax No.: {41-27603 2.Trade Name of Establishment: (DBA) Business Telephone: B ea',s Sc1ch5 .Gi/ienre 3S Vxac 3.Address of Premises: (Exact location of premises must be given.Give street and number,when possible.If place to be licensed is located in a town or rural —district where it is impossible to give street and number,the lot and block number or pm of section where located must be given,) 2'.s/% 8t/ az City: t Count f /� zip Code: (re,a,/ / (WC o GIJ P/�(' State �1ereinie, 4)e3/ 4,Mani Address:,(?lieal-Street) City"T'oAM Stefede t°dam Zip Code!8` 3/ 5. If these premises are now licensed,answer the following: </ L/ Trade Name Of Establishment(ODA): State License No,: 3 Type Of License: Expiration Date: reltr'S �.t.,i l y,7��3 3..7 1I V fr IhNrs/rc�1 192e, KEY STATE LOCAL KEY STATE CODE COLUMN A FEES FEES CODE COLUMN 5 FEES 20 In RETAIL LIQUOR STORE LICENSE-City 517250 522.50 31 0 WHOLESALE LIQUOR LICENSE 1,000.00 20 ❑RETAIL LIQUOR STORE LICENSE-County 262.50 37.50 32 ❑WHOLESALE BEER LICENSE 500.00 21 p LIQUOR LICENSED DRUGSTORE-City 177,50 22.50 38 ❑IMPORTER'S LICENSE(Vinous E.Spirituous Lquor)251).00 21 ❑LIQUOR LICENSED DRUGSTORE-County 262.80 37.50 44 ❑NONRESIDENT MANUFACTURER or 250.00 22 ❑BEER&WINE LICENSE•City 162.50 22.50 IMPORTER(Malt Liquor) 22 ❑BEER&WINE LICENSE-County 237.50 37.50 27 ❑BREWERY LICENSE 250.00 25 0 CLUB LICENSE ❑City ❑County 110.00 15.00 28 ❑WINERY LICENSE 250.00 23 ❑HOTEL&RESTAURANT LICENSEQCity❑County 301.25 48.75 43 ❑LIMITED WINERY LICENSE 25.00 40 ®TAVERN LICENSE ❑City Eij County 301.25 48.75 25 ❑PUBLIC TRANSPORTATION LICENSE_awn 25,00 42 ICI RACE TRACK LICENSE ❑City ❑County 301,25 48.75 41 ARTS LICENSE Deity ❑County 110,00 15.00 ❑OTHER(Specify) _ , (Change of corporate structure,location,trees name,renewal,eta.) ^^040 s (continued) • • - YES NO 6. Is the applicant;or any Of the partners)or officers,stockholders or directors of said applicant(if a corpogtion); or manager;under the age of twentyone years? ❑ .S 7. (a)Has the applicant;or any of the partner;or officers,stockholders or directors of said applicant(if a corporation) ever been convicted of a crime?If answer is"yes,"explain in detail. ❑ (b)Has persons lending assistants or financial support to the applicant:or the manager;or employees;ever bean convicted of a crime?If answer is"yes,"explain in detail. ❑ 8, Has the applicant;or any of the partners;or officers.directors or stockholders of said applicant(if■corporation); or manner;ens. (e)been denied an alcoholic beverage license? 0 Eg- (b)had an alcoholic beverage license suspended or revoked? 0 0 (c)had Interest In an entity that had an alcoholic beverage ilcense suspended or revoked? 22. ❑ If answer is"yes,"explain In detail(Attach separate sheet If necessary.) g, Has a liquor license for the premises to be licensed been refused within the preceding two years? ❑ ' 10. Are the premises to be licensed within 500 feet of any public or parochial school,or the principal campus of any tallege,university or seminary?If answer is"yes,"explain in detail, 0 A— 11, Does or did the applicant;or any of the partners;or off icers,directors or stockholders of said applicant Of a corporation).have a direct Or indirect interest in any other Colorado Liquor license(include loans to or from any licensee,or interest In a loan to any licensee)? ❑ 'it If answer is "yes,"explain in detail, 12, State whether the applicant has legal possession of the premises by virtue of ownership or under a lean,if leased,list name and address of landlord end term of lease: ••nn �wti PY, a A 13. Identify the persons,firms or corporations who now Or will have,a financial interest,evidenced either by loans or equity ownership in the business for s— which this license is requested.State the names and addresses,and the amount and source of such financial interest expressed in dollars or other items of value,such as inventory,furniture Or equipment;(i,e„bank,relatives,friends,previous Owners,inc.),Use separate sheet if necessary. N ME AOORESS INTEREST 7 Gile yL. i4 ice✓ "rs pie'tel 4cO/9e Sile. 14, List the names and addresses of ail liquor Dual In whbh any of the persons In the previous question are materially Intarestea. (Use separate sheet if necessary.) • NAME BUSINESS ADDRESS /VC/t e Attach copies of all notes end security Instruments,end any written agreement or details of any oral egreerMnt,by which any person(inducting a corporation) will share in the profit or glom proceeds of the establishment,and any agreement relating to the bueneas which is contingent or con- ditional In any way by volume,profit,sales,giving of advice or consultation. Page 2 of a (continued) 15. Liquor Licensed Drug Store applicants,answer the following: YES NO (a) Does the applicant for a Liquor Licensed Drug Store have a Drug Store License issued by the Colorado Board of Pharmacy? If answer is"no,"explain in detail, ❑ (b)Is the applicant,or does the applicant for a Liquor Licensed Drug Store employ a Pharmacist registered in the State of Colorado? If"yes,"give License Number: U O la, Club Liquor License applicants,answer the following: (a) Complete items 20(a) through(dl and (f). (b) is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and not for ❑ C pecuniary gain? ICS How tong has the club been incorporated? (d) How long has applicant occupied the premises to be licensed as a club? (Tnree years required.) 17, Colorado Manufacturer Or Wholesaler applicants,answer the following: (a) Does the applicant own,lease or operate any Colorado warehouse or storage plant in Connection with this business? C 0 If answer is"yes,"give full address:if"no,"explain in detail, (b)Does the applicant have an active surety bona for the payment of liquor excise taxes? — If answer is"yes,"give amount and name and address of insuror;if"no."explain in detail. U (c) If the applicant is a wholesaler,does Or did any owner,part owner,shareholder,director or Officer have any direct or indirect financial interest in a wholesaler,retailer,manufacturer or importer already licensed by the State of Colorado '�' ❑ L_ to sell malt,vinous or s0ifitu0us liquor? If answer is"yes."attach explanation in detail, (d)Does the applicant have a valid Federal Basic Permit? If"yes,"attach a copy of the permit;if"no,•explain in detail. r—, r— L: u 1B. Nonresident Manufacturer(malt liquor) or Importer(malt,vinous or spirituous liquor)applicants,answer the following: (a)To what Colorado licensed wholesaler do you intend to Ship your merchandise? (b) If the applicant is an importer or manufacturer,does or did any owner,part owner,shareholder,director or officer have any direct or indirect financial interest in an importer,manufacturer,wholesaler or retailer already licensed by the C ❑ State of Colorado to sell malt,vinous or spirituous liquor?If answer is"yes,•attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit?If"yes,"attach a copy of the permit;if"no explain in detail. (d)If the applicant is an importer or manufacturer,are you the primary source of supply in the U.S.? r, ❑ If"no,"explain in detail. J 19. If the applicant is an individual or partnership,answer the following: (Attach separate sheet if necessary.) -(a)Name of individual Or name and class Home Address,City and State: +�/ o/ 6,-/e/ ! Date of Birth: —01 each partner: r1 L . uJ��i�'t� 37er Al sf,e ,6 62-6-:6-2, _S ci'z Ib)Name of Operating Manager; Home Address,City and State: Date of Birth: (c) When did said partnership commence doing business?(Attach a copy of the partnership agreement,except as between husband and wite, and trade name affidavit.) 20.II the applicant is a corporation,answer the following: Date: —(a)Corporation is organized under the laws of the State of (b) Principal business is conducted at: County of: !State of: (c) Date of filing last annual corporate report to the secretary of state: V) Name o!each officer listed below: (Home Address,City and State: Date of Birth: President:: r Vice•President: Treasurer: Secretary: • Operating Manager; (e) List all stockholders:include O actual owner or Home Address,City and State;ee.(Use separate sheet if necessarv) Name of sstockholder %of stock: Date of Brth: (f) Name of all Directors or Trustees — of Corporation: Home Address,City and State; Date of Birth: Page 3 of 4 , e 890406r: Y iiL t..� INSTRUCTIONS 1) Check the appropriate box for the type of license(s) being applied for on page 1. If you are applying for a retail license described in Column A, contact the Local Licensing Authority to obtain all local procedures and requirements. 2) You may attach separate sheets or additional documents if necessary to fully complete this application. Copies may be accepted (other than application) if signatures are evident. All documents must be type- written or legibly printed in BLACK ink. 3) IMPORTANT:.For those retail licenses described in Column A on page 1, this application and all support- ing documents must FIRST BE FILED IN DUPLICATE WITH AND APPROVED BY THE LOCAL AUTHORITY. Application will not be accepted unless all applicable questions are fully answered, all sup- porting documents correspond exactly with the name of the applicant(s) and proper tees are attached. 4) Form DRL 404-I, "Individual History Record" must be completed and filed in duplicate by the following: a. Each applicant b. All general partners c. Over 5% limited partners d. All officers and directors of a corporation e. All stockholders of a corporation not subject to the Securities and Exchange Act of 1934. f. Over 5% stockholders of a corporation subject to the Securities and Exchange Act of 1934, g. Operating managers h. Each person required to file form DRL 404.1 must submit fingerprints to Local Licensing Authority. 5) NOTE:License status will not be given over the telephone. License will be mailed to the Local Licensing Authority upon issuance. OATH OF APPLICANT This application is to be signed by individual,each general partner of partnership and by corporate applicants. I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that I know the contents thereof, and that all matters and information set forth therein are true,correct and complete to the best of my knowledge and information: and I agree to conform to all applicable statutes and all rules and regulations promulgated by the Colorado Department of Revenue in connection therewith. INDIVIDUALS AND ALL GENERAL PARTNERS OF CORPORATIONS SIGN HERE: PART SHIPS MUSTSIGN By (President,Vice President,or Secretary) DATE: 3/20/89 DATE: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS, IMPORTERS,WHOLESALERS DISREGARD THIS SECTION) The foregoing application has been examined and the premises, business conducted and character of the applicant is satin• factory. We do report that such license, if granted, will meet the reasonable requirement of the neighborhood and the desires of the inhabitants, and complies with the provisions of Title 12, Article 47, CRS 1973 as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT Greeley _This 10th day of May ,A,D,19 89 4-yiSpizobAT Weld County (Name of Town,City and County) BY: " ' (Maya`.• airm/. .f Bo"r�of coun ..ymissioners or Qtly t le of the ice in authority) ATTEST: �/ ,� (Clerk,secr`f.ry of other officer having the offlci !seal et the licen� • auth. itv (If the premises are located within a town or city, the above approval should be signed by the mayor and clerk,if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise,the local licensing authority is some other official,then such approval should be given by Such official.) Local Licensing Authority report the following pertaining to each person required to file form DRL 404-I: FINGERPRINTED& SUBMITTED BACKGROUND N,C.I.C.&C,C.I.C,CHECKS Yes Cg; No ❑ Yes No ❑ Page 4 of (t .. , 890406 - _ 'I/Affiliated a. li DEED OF TRUST • • II THIS INDENTURE,MadethisBTH day.A'IARCH ,IYR9 ,between �, ;Henry L. Walker i• II whoseaddm..i. 257 ,1 8th Avenue • Greeley, CO 80671 hereinafter referred to as grantor,and the Public Trustee of the •Cour, of i i Veld , State of Colorado,i.enmaher retcrn'd to as Public Trustee. ' WTTNESSETH, THAT.WHEREAS, Henry L. 14A Ile e r '' 1 dba Bears Inn li I has executed a promissory note or notes.hereinafter referred to in the singular,dated MARCH 9, 1989 ,fur the II ! pnncipalsum of ***** F78,000. 0n Dollars,parable d.,the order of '„ Cache National Bank of Greeley I! whose addressix P. A. Box 1957 , Greeley, CO 80612 ,', I ** alter the dale hereof,with interest thereon from the date thereof at the rate of ** percent per annum.parable ** I. I**ACCOpDING TO THE TENOR OF SAID NOTE , AS HERETOFORE OR HEREAFTER h !MOOTFIEO. I ii I iI AND WHEREAS,The grantor is desirous of securing payment of the principal end interest of said promissory note in whose hands.Mrr the said ;I note or any of them may he. I NOW.THEREFORE,The grantor,in consideration of the premises and for the purpose aforesaid,does hereby grant.bargain.sell and coney I i i unto the said Public Trustee in trust forever.the follossinl described property,situate in the County of i i I I Weld ,Stare of Colorado.to wit: ;Lot 5, Block 11 , FIRST ADDITION TO ARLINGTON PARK, in the l kr,ITY OF GREELEY , Weld County , Colorado, according to the recorded ll [map or plat thereof. I. II • iI li ll II ' ii II ti it II Ii Ij II I II I i it also known by street and number as 2S1q lil8th Avenue, Greeley, CO 8f167,1 pi TO HAVE AND TO HOLD the'ame.togetherwith all and singularthepnvileees,uidappunenancesthewunmbelonging:lnTnul nevertheless.that in case of default in thcpayna sit of said noteorany of them.a:any pan thereof.or in inc payment of the interest thereon.w:cording to the tenor and effect of ' ., said note or any of them,or r inc payment of any prior eneumbrances.principal or interest.if any.or in case default shall he made in or in ease of violation or breach of am of the ten, .conditions.convenants or agreements herein contained.thu hnetiemry hereunder or the legal holder of the indcimmrIess I secured berths may declar, . wulstion of any of the cos truant'herein(attained and elect h•adVenice}aid ptopenv lot sale ana demand such sale,then. upon film notice of such MCI and demand for sale with the Public Trustee, ,atecei receipt such sou of eo g l Pu C h,e said nal l i p an electionhand demand PubicT Trustee ecop.'nfihc slime to he recorded in the rernrne••sn/nee ofiheemmrym\\hich add r:alnp•c is situated,it shall end nun:be lawful for the Public Trustee i to sell and dispose of the same ten masse or in separate parcels.as the said Public Trustee may think best).and all the right.title and interest of the grantor. I I 11 his hors or assigns therein.at public auction at the"(xxxxxxxx Y,d6d6iK,Xof the Cain House.in the County of Weld .State of Colorado,or on said remises.or anypan thereof may bes specified in the nice n II p pr fs f said le,by town highest eeldy price some same will bring in cash.four week} public nonce basing been previously given of the time and place of each sales by advcrosemrnt.wrekh,m wine I newspaper of general circulation at that time published in said County t.f Id e 1 rl .11 a.çw of or pe notice s shall behine :. within ten days tfum the date of inc first publication thereof to the grantor at the aJdrcas herein given and to such person remits appannp to(lase I I acquired a subsequent record interest in said real estate at the ad fires•given in the recorded instrument:when'only the county and state is given as the ; !' address then such not ice shall be mailed to the county seat.and toalai..•and give in the purchaser or purchasers of suet property at such sale,acenihWte • I or Genihcates in w'nting descnhinp such property purchased,and the sum or sums paid therefor.and the time when the purchaser or purchasers for other • person entitled thereto)shall he entitled to a used or decd,theruior.unless the salne shall be redeemed as is r.•.wided by law:anc said Public Trustee shall, I urain demand by the pasts::r persons holding the said cerniIwale or:entheates of purchase.when said J. 'and is made,or u;',.:,demand by the person entitled to a deed-p:and I: saw progeny I 'chased,at Ow time such Jerson::•made the time It,,retie'''. :having expire%Miss'alma esedute to sash person or perm hs a deed or sleds It.the wit,property nurchued•winch saes reed or deeds shall pc in t• rsinan tom of a ctm\:/ince.and shall be I signed.a:knws'Iedgcd and delivered by the said Public Trustee and•',,.:1:arn'ram:suitalarm to such r. ... ro nrrvm- entitled I. lash deed.the said I I property purcnascd as attirenaid and a;!the right.title.interest.MT:9 PW aiuity in redemption of tn.a•.,,iin.I., nl'I:.ant;a..Ier0 therein.and shall iI recite the.um or sums for which the said pn.pens saws sold and shill,..lei n,Ins'power of sale Meier c004,Jnet. 'no none sale or sales made by virtue thereof:and in ate or an assignment of sl.ch ce9dicatr o'tenni,a•• ,i.. purchase.or in case.•f tot n••I.notion M'ion of suer roomy. a suhncqucnl jl I encumbrancer.suet,assignment or redemption slab also is mterni,• o,suet,deed w deeds;but:he nosy;of sale need not A set Out in suet,died or deeds and the Public Trustee slti,h,not at Inv pryecds or use us iii soy.•vv.,uwr lint paying anti rcl:ining;il tees•charges and cells of making said sale. , pit, to the beny'lielarr lleNui,Putt of ilie legs,Iwn,a 511 sa W Ili ie ilw pt it...tom and inletesl due tut wild note:MNrdlag tolls'tenth and effect titereof,and all r l moneys advanced M•such ht'netiy.an iv legal Mditer of salt'nmr ion°w,rnner,tan'.and asses-tenet,wills immmu Memo".t, per cent per ' annunt,rendering the dverpius.i1 an).unto the grantor.his legal remote hOaWes 01 Wnigm.omen sale or saes anti ha NI dee..lit deeds so made shall be a perpetual bar.both in law and equals,against the grantor.his heirs and assigns,and all other pt•nonw:latmmg the sale phtlleny.Of env pan tlkedf.M'. from,through or under the grantor.or um ..f them.Ths bdWcr u'liolders of sad note or notes II,,)pure!asc said property or an not thereof;and it shall rim be hhllgatorl'ti%.n the purchaser or paleha\en at any such sale to see lathe application dl the purchase pp p c t nuns. I7 a relraw deed he required.it n . agreed that the grantor,bin bees or assgns,will pay'try cxRmwe dynof 9f in Denver,insert"City red" Nu.341A.Rev.244.DEM.•d T¢U}71n.Mir Irade..wan,Ir Is war.I.w! i'.adim,PuWia,,, way w'r.h Ave.{Arai,CO tuna—My,:.,.roan—sear , 1534-AF(ra2(REV 147, 890406• 89 Ant.he;MAIM.(or himself and his heirs,personal reprcunIal Ives or assiens c,wnanis and agrees to and with the Public Trusna.that at the time of the ensemme fir and debsery of chew presents he I.well wired of:he said lend and tenements in fee ample,and!his good right,full power and lawful author ty to!wait.bargain,sell and patscv the sans:'it the manner and form as aloresaul;hereby lolly and ahw,lulety waiving And releaune all nehts and claimu Ile mar nose in or In said Leos,lenemenp,a,.,properly as a Ih,nleucaJ liumpti.n,or Other caenrpuun,antler and by virtue rat any act of the Cenral Aswmely'lithe State of Colorado,or as arts semm ion under:and by virtue of any net of the United Sates Congress,mss.existin or which m' nacelle(be passed in relation thereto and that the saint:are ire.:and Clear 01 all liens and enculllnrunces wnaleyef.axcepl g NONE and the,Iboye bargained property in the quiet and peaceable possession of the Public Trust e.his successors and assigns•against all and every person ur persons lawfully claiming or to claim the whole or any part Meteor.the grantor shall and will Warrant and Forever Defend. • Until rayment in full of the indebtedness,the grantor shall timely pay all taxes and assessments levied on the property;any and all amounts due on ice unr it principal and intents'or other sums on any senioMo,cumbrances,if any;and will keep all impnwements that may he on said lands insured against.,ny:awaits loss,inciudunt extended a..erage.in a company of companies meeting the net worth requirements of the benenclaN hereof in an immune,not irss than the then tatar indebtedno..Each policy shall contain a loss payable clause naming the beneneiary as mortgagee and shall further pmvidc that the insurance may nu;'e canceled upon less than ten days wrinen notice to the beneficiary.At the option of the beneficiary,the Original policy or policies of insurance shall be..:livered to the beneficiary as further securely for the indebtedness.Should the grantor fail to insure and deliver the pintoes or to pay tatesorassessments as the same fall due.or to pay any amounts payable upon seniorencumbrances,if any,the beneficiary may mate any such payments or procure any such insurance,and all monies so paid with'merest thereon at the rate of cF per annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the emptily ti not paid by the grantor,la addition.and at its option,the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any of the payments required by this paragraph. If all Or any pan of the property or an interest therein is sold or transferred by the grantor without beneficiary's poor written consent,excluding(al the an:arion of alien or encumbrance subordinate to this Deed of Trust.(hi the creation of a purchase money security interest for household appliances.eel 3 transter by devise.descent or by operation of law upon the death of a Joint tenant or Kb the grant of any leasehold interest Of three years or less not containing an option to purchase.beneficiary may,at beneficiary's option,declare all the sums secured by this payable.Beneficiary shall base waived p the s Deed of Trust to be immediatelyMe property is t and a nd such the to accelerate o it, eon alt t transfer.efciaryari and a the interest to whom One property e u ed sold this s transferred teach agreement such in rate ws that wry credit a such person is satisfactory to beneficiary and that the interest payable on the sums secured by Deed of Trust shall be at as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT.Whereby the right of foreclosure occurs hereunder,the Public Trustee or the holder of said note or certificate of burchase,shall at once become entitled to the possession,use and enjoyment of the property aforesaid.and to the rents,iswes and profits rhereot,nom;he accruing of such right and during the pendency of foreclosure proceedings and the penod of redemption.if any there be:and such p,"session shall at once he delivered to the Public trustee or the holderof said none or ctmhcate of purchase on request,and on refusal.the delivery of such possession may be entbrced by the Public Trustee or the holder or said note Or Certificate of purchase by any appropnale civil suit or proceeding,and the Public Trustee.or the holder of said note or certificate of purchase.or any thereof,shall be entitled to a Receiver for said property.and of the rents, issues and pnstts thereof.aver such default,including the time covered by foreclosure proceedings and the penodo(redemption.if any t(setebe.and shall be entitled thereto Lisa matter of right without regard to the solvency or insolsency ntthe granlororof the then owner of said property and without retard to the value;hermit.and such Receiver may be appointed by any court 01 competent jurisdiction upon ex pure application and without notice—.notice being hemoy expressly waived—and all tents,issues and profits•income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured.according to the law and the orders and direction of the court. AND.That in case of default in any of said payments of principal or interest.according to the tenor and effect of said promissory note aforesaid.or any of them,or any part thereof.or of a breachorvtulatiunof any of the covenants oragreements herein.by the grantor.his personal tepresenlatives Or assigns. then and in that case the whole of said principal sum hereby secured.and the interest thereon to the time of the sale.may at once,at the option of the legal holder thereof.become due and payable.and the said property be sold in the manner and with the rameeffect as if said indebtedness had matured,and that if foreclosure be made by the Public Trustee,an attorney's tee of the sum of a reasonable amount in dollars for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a pun of the cost of foreclosure.and if foreclosure be made through the courts a reasonable attorneys tee shall be taxed by the court as a part of the cost of such foreclosure proceedings. The singular number shall include the plural.the plural the singular,and the use of any gender shall be applicable to all genders. Executed this 8TH day of MARCH i9 89. /I�//'J� AttLST, r `•�LL '�/G4'••��'.'..�� Hf(nry L. 3llker tst sea • State of Colorado Ifs. County of Weld d The(meting instrument was acknowledged bete me this day of ,19 • b,Henry 1.. Walker Witness my hand and seal. My commission expires a ""air Neva I ryry .. 4 ( Ii I q II �� w n W 3 fjy I ./' i• 1 ges . Z d l Q a I Z a. V. i t Ia C I x I it v � I �i ° ! I 1 M ~ I ) 1 I C j x I l w l 0 5 I I II I I+. ' I IY _J l , II anI O 1L' I III ` a. • y I _ ,y y z it !1 f V IA 1 D I I II I �/) I II I V a -a 2 II I 5 II r .. I I I� I I � I II • . V 9 a DR 8401.1(tra) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL HISTORY RECORD 1375 Sherman Street Denver,Colorado 80261 To be completed by each Individual applicant each general and over 5%limited partner of a partnership,each officer,director,and over 5%stockholder of a public corporation,and the manager of the applicant 1 NOTICE: This individual History Record provides basic information which is necessary for the licensing authorities'investigation. ALL questions must be answered in their entirety. EVERY answer you give will be chocked for its truthfulness. A deliberate falsehood will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character end reputation of the applicant. 1, None Of Bun ts: Det.: Soda,Semen Number Zee el 5-,O,els Si4 _7- 27- "'1 c94/ 7g' 1//.L 2. Your Pull Name/,(las nvmiddl.) 3. Aso Known At: (maiden n.nwnMAn.rn.,etc) `.(JQ11 t f'Oay L(`�rrt 4.)Mrfng Address: (if different rem resi ) / Norm Telephone: ;. ,y f/h 6-4,..2- _330 / / / 330 -- 9X '5.Reddens*Address: (strew ands number, ,ate,do l ' C c 9er 2/sr- ��.' e et, C4 — tA,)43V 6. 1s your residence: OWNED ❑ RENTED If rented,from whet? 7, Do 9111:t: Rea w rth: r S. U.S.Mr? Jc ' are eV,// 415 . ;Stfrs (ONO 41 It atwwiz.d,Mat*whom: When: I Nrw of U.S.Odder Court Naturalization Certificate No.: Data of Cetbow.: If an Oen,Diva Alkms Registration Card No.:IParm.n.nt Residence Card No.: 0. Height. Weight 1 Mel Color: Eye Cob: Sex: Racy 10.DO you have a Colorado)Drivers License? ryes;ghee minder /?d s IA,,4;:,A ,B/ua nlc/r' luuc_ r4YES ONO ` /≤7'37. 11, whet Is your rsrtanaNp to dv mmliant?(sole owar,panne%0orporete officer,dire aozandlder or mangier): _CA/P Oa 'if Pt/ 12. It S w,Number of Shares Owned Ben fkdaly or of Record: Percent of Outstanding Stook Owned: 13,If Partner,state voider. Percent of Partnership BenebaLy Owned: O GENERAL O LIMITED 14,Name Of wnt_EmPbysr: 15.Ty ntness of Empkyment eSil16.Address of Business where Employed:(street and symbol*,city,arats,zip) Business TsNpnda: 84?' s 1214 2C/7 Y/A&.e .rt44' t 3s -%7'o . r17.Present Position: _II 44i/ p`/ 18.MerlW&NW /f 10.We of Spouse:(includenem"6'policed') 20.Spouse's Oat,of Birth: Spouse's Place of Binh: Mel, 7^77 5-<g Gi 1 O / (ice' 4,C. /%. 21.Spouses residence address.If different than yours:(give attest and number,dfy,unite,zip) 22.Spouse's Present Emp/b/yet / Oonpeion: SC/g ' Zc F r e./ 4 ' 72 A A 4-- 23,Address of Spouse's Present Empiric /� ,// '/5'.`S4. Greeley e0 24.List de names)of all reladve►working in the Ipfor Industry.give their: Name of Relative: RwkdoneNO o You: Position hold Nine of Employer: Location of Employer. CONTINUED ON REVERSE SIDE �.:: 590406 • • 25.Do you now,or nave you ever hod a direct or indirect interest In.State of Colorado Liquer or Rear hone? d yet;anew in dated. VES NO 3, ' /SFr' 4Lseetl!'e .p ec./S ,Z .? Ote>a Pr 26.Oo you now,or haw.You ever had■direct or indirect interest In.liquor or beer lion .,or been employed in.liquor or beer related business ouWde of the State of Colorado? If Nee d.wibe in detail. C yes 27.Nave You ever been convicted of.bnnr,fined,Impnwnd,plated On probation,ranhred■suspended ante or forfeited ball be any offense In criminal or military court?(Do not include traffic oblations,unfeas guy resulted in suspension or revocation of your drivers license.or you were conwdted of d&Mng under the influence of alcoholic beverage.) if yes;explain in detail. ©YES O 26. Have you aver received a violation notice.emersion or revocation for a liquor law violation,or been denied a liquor or beer HOMO anywhere In the U.S.? It yes;explain In Mall. i.� YESNO 20.Have you ever held a gemblirp or gaming aeon or owned a Federal Gambling Stamp? It yet;explain in detail below. • ❑YES SAO Stateccedrel: Year: City: Stec: State/tides: Year: City: State: 30.Mdtay Service:(brandy) From: To: Serial No,: Type of DIS'iwge: St.Oat ax addra.en when you have lived for der last liveears.(Attach separate sheet if necessary) Street and Number ( City,State,Zip /' FFrom. 70: _ 3?OS ?/s'n7. l✓s/r?0/4/ sej/ / /wi 32.Lot all former employers dr buWrsen engaged In within the last five yam(Attach separate Mats if mammal.) Name of smployar,. Adders:(street,number,city,state,dip) Patton Hald: From: To: ttsitnetOmelicaretr O16SG /1/h ems.,• - 62 i/ay [ nWtieve /fp /7(4 1QP4.s 77,..4-4. 752,7 1/' C' -' ice ft IQs4ruFD' /97T ,/ % / 13.List Owe names and attach Nara of recommendation from three persons who can vouch for your good ctentdtar and fives in connection with this application. Name of refer nce: Address:(swan,number,city,state,zip) 1 No.of Yews Known: fl �(G1/9 r'! N!r^/� �iYx�C� /f��C,GL•C �/rsl i �C'�t �r'c7f 3' T!i'S r El 9/1"s //r-;F/l /77e //// s4ca l/r^r-4 'c 0?-37 . tit-' OATH OF APPLICANT I declare under penalty of peh'ury in the second degree that t have read the foregoing application and all attachments thereto,and that all information therein is true,correct and complete to the best of my knowledge. s hoe: I oar: S ' ,ferialiaca•-m^ a° ears'..-- 890406 �� Pte,- 6.+ 1 i i ` M �1 7 .r (I in ce R ROO1" { IC Do vS� Fx ccod- 6,445 P ��- /1 r � i 1'uJNuec1 t� V : { Roo w. K �1eort t 4.:dc.k,y, Is\ c2 tr'} wliSktv5 ;� h ItZt•;"t all PA tiZ, i4% 890406 • 4 Vtifiliated PROMISSORY NOTE (No Consumer Dlscasures) Henry L. Walker dba Customer Number Note Number `Line Number 17.0n t]nT'g n:,rr, ! fir I ICF!F , A /R . rnrt Note Date(Mo.DaYr,) Maturity Date(Mo.Da.Vr.) Interest Rate Face Amount n? /n^/nn n5 /^F/^5 1?,crtn- •r7r nnr,_nn (For Bank Use Only) MAKER,jointly and severally,if more than one,promises to pay to the order o1 r A r h n r:r*5 0 a 7 n p n ti c ir n n r,1.•v P. ^. Rnr. 1257, rrnninti•, rn TflIY22 in accordance with the Payment Schedule.the amount015 wr7n /Inn (Face Amount)with Interest on the unpaid balance from the Note Date at the Inter!at Rate.Unless sooner paid,the entire balance of principal and interest shall be due on the Matunty Data. —FIXED RATE, The rate on this note is fixed at the Interest Rate indicated above. VARIABLE RATE. The rate on this note is the (Bank) Prime Rate adjusted Prime Rate is the Banks base lending rate as announced by the Bank from time to time at its sole discretion,Al any given time,the Bank may make loans at above or below its prime rate. NON-REVOLVING LOAN, Monies may be advanced under this note in one or more advances up to the Face Amount indicated above. _REVOLVING. LINE. Maker may,from time to time,draw monies under this note,partially or wholly pay outstanding borrowings,and reborrow,so long as the Iota.principal outstanding at any one time does not exceed the Face Amount indicated above. PAYMENT SCHEDULE. Principal and interest shall be payable as follows: MONIES MAY BE ADVANCED UNDER THIS NOTE IN ONE OR MORE ADVANCES UP TO $78,000 UNTIL MAY 8. 1989. INTEREST ON THESE ADVANCES WILL BE DUE ON APRIL 8, 19119, AND MAY 8, 1989. THE BALANCE OF THIS NOTE AS OF MAY 8. 1939, WILL BE REPAID IN 72 MONTHLY INTEREST AND PRINCIPAL PAYMENTS BEGINNING JUNE 8, 1939 , I Interest May Continue on each sum paid to apply on the principal of this note until payment is received in collected funds Maker shalt have the privilege of prepayment in any amount at any time without penalty.Partial payments shah:not excuse or postpone subsequent instaliments. At the option of the holder,the unpaid balance of this note and all other obligations of Maker to the holder,direct or indirect,absolute or contingent,now existing or hereafter arising,may become immediately,due and payable without notice Or demand if(a)any payment required by this note is not mace wnen Cue,(b)a default Of event o: default Occurs under any loan or security agreement or other instrument executed as security far or in connection with tins rote, (c) any warranty, representation or statement made or furnished to the holder by Or on behalf of Maker in connection with this note proves to have been,alse in any material respect when made or furnished.(0)death.dissoiution,termination of existence,merger,consOl;datien,insolvency.Ousiness failure.appointment of a receiver Of any part Ot the property of,assignment bOr the benefit of creditors by,or the commencement of any proceedings under any bankruptcy or insolvency law by or against,Maker or any guarantor or surety for Maker(such default not having been previously cured).(a)the holder at any time in good faith believes mat the p'ospectt of any payment required by this note is impaired,whether or not such belief is Caused by any act or failure 01 any Maker or of any enoorser,guarantor or accommodation party Of Or On this note(hereinafter referred to as"any diner signer").Alter maturity or upon default.Me Outstanding principal Daianee plus accrued interest,even d reduced t0 judgment,wil draw interest at me pre-default interest rate in effect on the date of default plus 18 %per annum until paid.Payments shall be applied first to interest accrued to date with the balance credited to reduction 01 principal. Any payment required under this note not paid in full within 10 days of its due date may,without prior notice,be assessed a late payment charge of %of the amount of such payment. Maker and any other signer waive demand.presentment,notice of dishonor and protest.and assent to any extension or postponement of the time 01 payment andior tothe addition or release of any other party or of son primarily or secondarily liable and'Or tome release of any Collateral which may be given for this note.NO waiver of any payment or other Wont under this note or any loan or security aoreemen•in connection herewith shall operate 9e a waiver of any other payment or right.including right of offset.If the holder enforces this note upon default,Maker Or any other signer shall pay Or reimburse the hoidertor reasonable expenses incurred in establishing the debt,collecting the amount due and in realizing on any security tneretor,inciuding reasonable attorneys tees. Notwithstanding me full payment of all obligations due to Bank under and pursuant to the terms of this note.in the event of the bankruptcy,either voluntary or involuntary.or any other action 01 insolvency Or debtor relief in which any one or more of the makers hereof maybe involved pursuant to federal or state iaw,under such terms and conditions as to cause any payments made by said maker to Bank to be deemed a preferential Or voidable payment,then in that event,the C0-makers hereof shall remain and shall be full and Completely liable and°blgated to Bank upon demand for the repayment of any sums which Bank may be obligated to make to any bankruptcy court,trustee in bankruptcy,receiver or other third party pursuant to any such bankruptcy or insolvency laws or provisions plus interest a:the rate herein set forth from the Gate of notice to the date of payment.This Provision shall be applicable notwithstanding the prior payment in full of said Obligations,the cancellation of this note, anC'or the release Of any Collateral which the Bank may have held to secure the repayment of the obligation represented hereby.The makers hereof acknowledge that this Agreement is a material part of the consideration in exchange for which lender has agreed to extend the above-described credit for and at the rates and upon the terms herein set forth. This note shall be construed under and governed by the laws of Colorado.If there is more than one Maser.all of the provisions of this note shall apply to each and any of them.Maker represents that the primary purpose of this transaction is bur,i ness By signing this note,Maker acknowledges receipt of a copy hereof, %� //• 0:..i.. ., • / '9Al Henry L. taXker MAILING ADDRESS 251S 8th Avenue, Greeley. CO COGS!15321•AFL-e(REV 9.87)PROMISSORY NOTE 890406 0MonfortJ Monfort,Inc. Corporate Offices P.O.Box G Greeley,Colorado 80632 (303)353-2311 TO WHOM IT MAY CONCERN: Please consider this as a most sincere pleasure to offer a recommendation of Mr. Henry Walker. I have known Henry for a number of years and have always found him to be honest, sincere. and dependable in every aspect of both personal and professional life. He is a proud and devoted family man and truly a pleasure to be around. For confirmation of the above or any additional information, please feel free to contact me at any time. "/ /fIth-lie Randall G. Geist Vice-President By-Products Divison RGG/ma 890406 MES p �Ie BROCK, WATKINS& SCHOMMER JAM EE A. BROCK NS p CERTIFIED PUBLIC ACCOUNTANTS DAN SCHOMMER 1220 11TH AVENUE, SUITE 200 GREELEY,CO 80631 (303)352-1700 March 8, 1989 To Whom It May Concern: This letter is to recommend Henry Walker. I have known Henry for 16 years as a client and friend. He has always exhibited the highest business and moral standards during that time. Henry has owned and operated taverns in the Greeley area for 17 years and I do not hesitate to recommend him for a liquor license. Very truly yours. :Pfr,13..Ase..— ames A. Brock Certified Public Accountant JAB:sms MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS s99. * . OCK BROCK, WATKINS& SCHOMMER JA LEE WATRKINS p ` CERTIFIED PUBLIC ACCOUNTANTS DAN SCHOMMER 1220 11TH AVENUE; SUITE 200 GREELEY, CO 80631 (303) 352-1700 March 8, 1989 To Whom It May Concern: This letter is to recommend Henry Walker. I have known Henry for 16 years as a client and friend. He has always exhibited the highest business and moral standards during that time. Henry has owned and operated taverns in the Greeley area for 17 years and I do not hesitate to recommend him for a liquor license. Very truly yours, /Can ,...44-07m6"-e- Dan Schonmer Certified Public Accountant DS:sms MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 8904O6 A 0 I I I a m- in 1 , way I i S ` :.. Ill a ;- m � it M S Q & i z 00 r v gd { v\ cl d CC > k l� O o, t z 6 O " � -3 vO y V i— � g Z 4 W 5 � , lGsIdo O 4 W 4 U %) 0aN V' SSW. ouep 'pose waoj Se p . ✓,,, , I fi litNI it . - 1 ; I ; c:i Flit ( 1111 I 1 - ,\- 000 ill! iI me ►- ❑ 3 of 2 it 1: ii W � ! a rO ' - ,2 Jit i ,4zm Fer' .14: ..00 ca . jiiC aC W a* 890406 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3. 2% BEER LICENSE ISSUED TO EUGENE RUSSELL, DEA THE LITTLE STORE - EXPIRES JULY 6, 1990 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 WHER:,AS, Eugene Russell, d/b/a The Little Store, has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a County Retail License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption off the premises, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II. , C. , said applicant has paid the sum of $57. 50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of 3. 2% fermented malt beverages for consumption off the premises, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 4821 Yellowstone Drive, Greeley, Colorado 80634-9119 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-13 to said applicant to sell 3.2% fermented malt beverages for consumption off the premises, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until July 6, 1990 , providing that said place where the licensee is authorized to sell 3. 2% fermented malt beverages shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. �,/` 1 ,; 890446 Page 2 RE: 2 . 2% BEER LICENSE - THE LITTLE STORE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989. JJ BOARD OF COUNTY COMMISSIONERS ATTEST: ^ WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kirb , Cha ' rman BY: equthneC Pro-Tem Deputy County erk f EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Rrantner George Kee County Attorney Ger on c, 890446 C M • iCt@ Of a11O • a0 ' 1 L@ 0 . itstt@flyOff 3@fin@ J 'I? Liquor Enforcement Division (, 1375 Sherman Street } I�` Denver, Colorado 80261 'RUSSELL EUGENE I (LITTLE STORE THE 1 ;4821 YELLOWSTONE OR 1 GREELEY CO 80634-9119 .:LP:).) I(II �C Alcoholic Beverage License ,:;)55.) Iamvm Nurter i N r-", Tire LNOdi Oets!r LICENSE EXPIRES AT WONI6NT 14-22846 il 03 206 5411 1 070783 1 JUL Ob. 1990 1 jT . None vbOMdotanofLo.nw 1 Fee (( J 3.2 PERCENT BEER RE-TAIL LICENSE 5 25.00 COUNTY es PERCENT OA? FEE $ 42.50(:)41 TOTAL FEE(at ) I This license is issued subject to the laws of the State of Colorado and especially under the provisions of Tide 12, Articles 46 or 47, CRS 1973. as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 r Sherman Street,Denver,CO 80261. h In testimony whereof,I have hereunto set my hand. ti Division Director AY 1 g 1989 Executive Director I DR 8402 (]AB) 890446 r\` l,,,.; w<1j 1 . .r. ,� 1.J it�} �ff 1t Q•fl:l, rr ai.,'1, 4,;.,t li k. • ,, ; 1 Iv,1 ., t l f e 4, .p. 1 ), \ r,......\, V A C•1\ iffI r3. d'i` , i,g• . � i, J� 1t}k. fAi`:`,1 iJ� A. Y , !r• a t ' /oil a`d ,` r w!$\l 1,: `�; 1� Itrr ill i.`a`�,Y '�ir+p �`�i IV I`G/rj i�t`Z.111 irj hir h ,5f Jf I x' F VI G �1 1� � ♦ if�J' 1 `` ch,,,4445{i llr IrrvJ AAa`1 AI (1t, ,,, a hI? IRvN NN, 1.1 Ilt T refpA.at 14 Ik ?♦ ,`.�! ?lift' f �vn,F yr4 4rp!I. .�1C•fk r r r 1 hl 4 u' fps. I \ 4 . , .•r 1 /, ,,`, Nth .A a. 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' � '�My%' T" A'"�' e '\ Vii .M \Vy " �� vr 'a � 1 ! iS ,a /VIfID t�..� r 1Pme "'y! lli'`na }.01! r�4 I M f +.a [it ` ,'• IRk.y Ohl on\ n. i .,r l,iDhl'}ilaa..M:�,('.rl Dp td1AY.`+dl if�r3 D)Th`t.nl41#,N qi♦ `'''"fi 1%,"i t:f. :s jrr t111 Ip` li`.";.'f it;'%". !ir/i e ,,a� wvrw, c.5.40 a \ i l/.r , :�,i ;I 1 Y 1 �.� a rr II,. !i r ..i V `•.1 r r. ti h f aS,i !" r V • rf A. ♦ ! r 1 a• it .�. 4v aJ•;igc 'I .11 ',:�1 ,. r \ `r :.4"ii•,i• �(, rXii �3. h �r ,� � c pA 'tfr r. ,A•,rt 'IC, / 890446 98069 yyidiot tom " mn NI 2 f c . ,i, ngg; )7 I : 1„....bs a Pi a I OtY.■ !fill o IS Mric% q . i , 1 ; 1 5, , it ; ! Plo t tut tal 1 1 14 g 1 PS Perm 9800, Juno 1985 T. O r,• -b _) in 0 2 r '1d CO " Ci f .j 5, a 0 ...4. m N m C1 9 Sc) i f b;, I o f n' K ttil y m � m .7 S T ! • r., r -SI \ _to' 0 V)C5 0 my :- C 41 f - y1 v, mm x r '�- ^� ! Oo OO t^ J -rin \^ - m �1 r �� 3 a P m t - '+� z i Ym C m ; tea A DATE: 5/15/89 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: EUGENE RUSSELL, DBA THE LITTLE STORE 4821 YELLOWSTONE DRIVE GREELEY, CO 80634-9119 TYPE OF LICENSE: 3.2% BEER RETAIL LICENSE SHERIFF' S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED .5111)S, HEALTH DEPARTMENT REPORT: 890446 DR 8400(3/80 Colorado Department of Revenue LIQUOR OR License Number: -License Type: 137s Sherman aStrement aviebn 3.2 BEER LICENSE . 14-22846 J 13753herraan Street Deriver,Colorado 80201 RENEWAL APPLICATION liability information: 555.3741 03 200 5411 1 ii.7Q7b3 RUSSXLL EUGENE Business Location: LITTLE STultt THE 4o21 YtLLOwSTONt OR 4621 YELLUwSTUNt i)R GRE€LtV CU ukL LEY CO th...034—911Q Current License Expires: JUL uo•l9dy ©i!©Y/©©©i T Y ©© Y YOUR PROMPT ATTENTION IS REQUIRED. FAILURE TO COMPLETE THIS FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. •FILL OUT THIS FORM COMPLETELY, AND CHECK APPROPRIATE BOX BELOW. is renewal reboots no changes from last application. •SIGN THE FORM "There are changes from last application.(Report changes on •ENCLOSE TOTAL AMOUNT DUE form DR 8175--Report of Changes-Liquor and 3.2 Beer •SUBMIT FORM TO LOCAL(CfTY/COUNVY)LICENSING AUTHORITY FOR APPROVAL 1 trances*and"'tench that form to ntis mnnw)"l annlicatinn 1 •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES . ...,,_...`.._._......—., ^--OATIIOrAPPLiCANT-_......._w...--..... ..r..........__--._._. /declaro under penalty otporjury in the second degree that this applkation and all attachments are true,roman,and complete to the best of myknowbdge, Akabonzed Signature: 3, Date: BusmessPhone:: 1/r-\( 1c. /-}ccc.. lJ: i. 1, —A - CSC) J f'./� a\1.. Title of Sig,*(if corporation): Sales Tax Nq. (i 1 I / I _'(J /4/ _: S )" -/C_ SUBMI i ThE$TATS COPY AND LOCAL(CITY/COUNTY)AUTHORITY COPY TO YOUR LOCAL(CITYiCOUNTY)LICENSING AUTHORITY NO LATER THAN AS DAYS BEFORE YOUR LICENSE EXPIRES, • EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local Licensing Authority approval and must be returned directly to the Colorado Department of Revenue no later than 30 days prior to license expiration, REPORT AND APPROVAL OF LOCAL UCENSING AUTHORITY The foregoing'application has been examined and the promises,business conducted and character of the applicant is satisfactory, and we do hereby report that such license,it granted,will comply with the provisions of Title 12.Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED, y Local Lie.Auth.I.D.No.: Local Licensing Authority tor:j TOWN/CITY ;/f rWeld County COUNTY Sgnatu�eI /� - Title: Chairnan, Date: 't Board of County Commissioners 5/15/89 A Dam: � � �� S/15/Fi9 Do not detect Do not detach Do not detach o not detach Do nbt detach Do not detach Do nor detach Business Location: r - - - :...:.:,}, .__ . td.21 .YtLLiw:iC.LuVt.' .J+{--`-...... ,. _ _. _. ...,..._.. .. ........_ _ _ . ,. CokE .LEY CO r g Name/Trade Name: Use License Number LIABI�TY INFORMATION RENEWED LICENSE O for An Reference Covnyf City Indust, Type Lab. Qom EXPIRES AFTER 37 a InUSSELL cUGtNt 14-22&46 u3 226 5411 1 67u7d3 (r7-Ub^90 31 Tat TYPE OF LICENSE ISSUED s I ATE FEE CITY Q5%QAP DID 85%QAP- "* - 414 00 4S4 19) 37-1 (gl 49.1 (p) m ter 3.2 Pt.-r(CcNT dtER 13 RETAIL LXCtNSE (3) 11 1, 25.OU ► vG.50 r m x in m 33 Make check payable to: COLORADO DEPARTMENT OF REVENUE TOTAL AMOUNT DUE 0- I L b 7.5 01 m EXTENDED HOURS-Applies only to Hotel and Restaurant,Beer and Wine,Club,Tavern,and- Extended biters?Arts licenses.It desired,cheat yes and unclose Total Amount Due PLUS$170.00. 0:4S O NO r- OQ NOT WRITE BELOW THIS LWE 8904464 4 .._'wr:_iyr.'."^w !M.,rr:#'tc .�..,t",.,p r .'4a aV«. .y.. �...• a....a .w........... .�-+,..r... . ..-,....+.. "t .err--mow di 0101 Attachment to Liquor/3.2 License Renewal Application This page must be completed and attached to your signed re ns &application form, Fairy to Irwluds this page sigh the application rney result In your license not babgg rowed Trade Name of Establishment State Ikonse Number / , "f', ,c, • et-.1 ..zCcit 1. Do you have legal posessbn of the premses for with Cis kolicabon for license Is made? Vt.Sg No o Are the premises owned or rented? A C \ greeted effective and%ration date of lease: ',v; r 2. (a) Has the applicant or any of the partners,or officers,stockholders or directors of said ancikrt It a corporation)ever been YES 0 HOLZ convicted of a crime?If answer Is yes,'explain in detail and attach. 03)Havepersonslendingassistanceoriw+cialapporttotheapplicantamnaaer,orenpkryees,everbeencaMcbddaawne? Asp Nos C answer Is yes;explain lo detail and attach. 3. Has the w*ant airy of the Mitts,or cifters, direct esorstcckholdersofsaidapplicant(Wacorporatonlamnager,eve: (a)been denied an*Oleic beverage license? YES❑ NOS (b)had an alcoholc beverage kense suspended or revoked? YES O Nog (c) had interest In any entity that Wan***beverage kense suspended or revoked? YES 0 Ne K answer Is yes'to any of the above questions,explain In detail and attach 4. Does or did applicant,or woof the partners,or officers,directors or stccidolders of sake applicant(if a co,waton),ham a tract YES a No'-] rki*ectWind'thhy'otlirCobridskitiorieensefincir ilbanitiefreim+ny cansee,erMerestinabarsbaykomeey if answer Is yes;explain In detail and attach, 5. klentily the persons,firms or corporations who now or we have a financial interest,evidenced either by a ban to,or easy ownrke0 in,the business for which t is kanse S requested,State the names and addresses end the rout and wine of itch/Nancial interest 0.s.,barer Mathes,Mends,perilous owns,etc.),expressed It doles or other Kerns of value,such as Yeertory,furniture or azipmert Use separate sheet If necessary, ___ Name Address ,t Interest Type and _.'_._ 1.6. List on a separate sheet the naves and addresses of al liquor businesses in winch any of the parsons in question No.5 are matMtly interested, Li 7. Operathg Manager Address Detect Beta l• 8. 5 the apeeat Is a corporation,ammo Sr Stem J (a) Corporation is orgarited under the laws et the State of: Date Incorporated (b) Frinplpal place of business t lc) Dee of Sing last annual corporate report to the Cob,Secretary of State: (d) Name of each officer Isted below: Ifiess teat (bre Address Weal Birth VCePres. Home Address Woof Birch Treasurer HOMO Address Date of Beth Secretary Home Address [Date Of Bitt le) List as stockloldars,5%r over,m a pubic corporation)Incbdirlg actual owner or pledgee.(Use separate sheet If necessary) Name Address I Percent of Stock Date of Birth Name Address 'Percent of Stock Date of Birth Name Address Percent of Stock Date of Birth •(1) Name of all Okactas%frustees of Corporation Name Address Decor Birth Nave Address Date of Birth — 8.If:askant Is paitnersNp list al general partners:Use separate sheet if necessary. • Name Address Name 'Address �p/��/gDattee of Birth •+� 89044 IZ J ' Ca ru < y a M1 > W TO '_ H > .0 O m s w L H ,n k H m , U is� a w H w ti 2 0 O ` r 2 W 0 L i 2 i s ° ti u - a rz w w " ' r _ ! - h " s O 04 cel cc y OOU'1 W f ( 5 I it c 4 p aM oo+ w U ,x 6k 0. !¢'J u a 8 2 O soot.ounr .008c w10d^>d i $ k ooc . pi - yam sus aaa °° I 11 s � o �, w g a � .. a 0023 • #4 --,Six 4 X 4 r1/2 �___ 890446 TREASURER'S OFFICE,WELD COUNTY/y N2 4191 Greeley,Colorado. . 7 �•/ . . . . . .191 a y 6-0 RECEIVED OF, ear.. . ��4 FOR /`��. . . IACREDIT /� ounty General Fund 101 0000 4i, a . 574i Health Department 119 0000 1 I Human Resources 121 0000 Social Services 112 0000 Housing Authority Road&Bridge Fund 111 0000 _ Airport 177 0000 County Clerk Cash escrow 810 0803 Fee Fund 900 0912 School District Can Fund School District C R F QQ jj��`` School District Bond Fund f)'/ P90'�6 FRANCIS M, LOUSTALET I C 7�ce« I TOTAL AMOUNT SiOUntY Treasurer k / SO WELD COUNTY , COLORAD ^"` i PAYROLL FUND CLAIMS WARRANT P.O. & NO. VO. NO. VENDOR AMOUNT 14330 084170 AIQDREA M HAMILTON 52.67 i State of Colorado ) TOTAL 52.67 ) ss County of Weld This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated MAY 24th 198 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S 52.67 Dated this 24th day of MAY 193 9 . ��CT�GEC f Weld C .t Finance Officer Subscribed and sworn to before me tI'O�R $4tday/�J h of Mi , 193 9 My commision expires:My ca,,,mhsion Exdres v/) / Notary Public 4L State of Colorado ) ) ss County of Weld ) - We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drain upon the PAYROLL _ Fund totaallinnnggg 5 52.67 . 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W 2 N C1 r �, 2 0 m m 4 S O 2 CI `N P A N D .. .. N N 3 3 D 1 •. M 41 m O m m .. 1 2 CO L .. N 's Ca C 7 4 I` I Z D m N M m a 1 1 I 4 z m 41 A A 2 I 1 1 x o 2 • • m N m C4 • • .wI • • • • • • • • • • • • • • • • • • • • • . ` /agt66 • ...A...Aq Law Offices of cHon, BECKMANN & LIONBERGER, P.C. TO V.'2130 Mountain View Avenue, Suite A -..'� Longmont, Colorado 80501 Wehsa.Hopp TdLgMn Thane I.)Jaclm.nn 303-7764045 (Local) Junes A.Limberger 3034M9.2913(Mete) Jeffrey D.Gran JehnA.Hindu e Marc R Callao, J4.M.nber Wayne 114,'Cadman 303.776E709 Richard a Suntan.P.C. Of Commit Alan D.C.r1. , Martin J.Joyce May 18, 1989 Clerk of Weld County Board of Commissioners P.O. Box 758 Greeley,CO 80632 Re: Wagoner Annexation Dear Madam or Sir: Pursuant to Colo. Rev. Stat. 31-12-108(2), enclosed please find copies of the NOTICE OF PUBLIC HEARING, PETITIONS FOR ANNEXATION and the Resolution regarding a proposed annexation to the Town of Frederick. Very truly yours, Richard E.Samson Attorney for the Town of Frederick drb cc: James F. Wilber,Esq. Enclosure RETURN RECEIPT REQUESTED - P 959 007 613 May 17, 1989 INSIDE FARMER & MINER Page 7 • NOTICE O/KIRK IIEAR640 •,".' 'SiII0O0AIRI0N Maw or or Woof 50,00 asst trace Sear alma ar a^Wed -tree fo A.M•Oran that the Seag I lord red a tend rat le Mw Waal Maw S•ot•21 44ee.._s 66^L_ 227Arrai Oar War lean a Thew of a teaAO,..esW It or 2579 reran3seOM 27 doper1 'rarer 0.60In1 Ala e 47 alai 31. ern 2 I Saw em 44r fat 3 re o the ergs OM CO{{9444 1te 0a War 1"Nat; nano a r Om. la,±949,O We I •Ie•'ae Wait N.Math err II WfeleU% erre refl.owe a 11naS lest a ants*n MV le ant o e1 21" el rot 01.00 oar MOS, f are Cee I • flee l 3a Om Wet teOf ease mad 30 Ylaa or t -. a Ott AS Susie O aeaaKew rate •- - anew Freed* Taw NW, /ee•weL Cab Salt M 9ha M Om San Ilan a era weed t MOP OT 010 at n Nos me W aaa.elw0* Or 60}]0. 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Cat SIwo•ram 17 35'West Vie w Wear a tor ieft It .oohs tar Er North 000eaea07 .•, 743.36 fro• fro 0743.31 NM Se w.eWW a 1696•fee,ere CO"Cad 15,00 Net Na LUCK 44 , OWra Sawn N M*Zr 05"Wert al Ando a ll Moses 2W 03", $3' eras OY 06" Call 2421.14 leer I 71617 feet:own ,64 a clean a sad w beers bon OS dela 53' Nags 7 1. 3 Odaee 14'9"Cad I 53' Sr Wee 114..• war Orta r" Cat 37792 'eea • ear of 291.67 fed:Wad Wag Om am a• I Sewn 45 dean 06'Or Wed 141.42 376.30tad:mare.NOMAm der t,- tW9e4WnrRcadleastorm• wer Nw0 NMc 89 Oren 57 sr 1O'r"CM 356657 am 4 W here MOWS el 1909,66 ter t aaaal alga . weal 42OO feet: Near Sacs es N arm arawrfe.7,1:6 scree b et*Sp•••OTI a entoi WO me I Ora OY it Weed 141.30 a ntwer re. tor NYM 10 dews 16'33"artSC • are SOS 90 Oren 00' Ol ail 667.21 rsa0•dieter Y 670.660a WOO 1st:there Nero 45 ear t7.es,ea el t Rana 4 YNNw Mar Nett NON 20 der 27 Or Lad at'11"Wart 140.67 red gas scot l7.it June 7 AW le,1969. 129.•feet Ofrgs Ment OA we of a 66 arm 0 3"Wee 1707.09 rata: aline a MR Maid t• fare Ord ranat 9120 ereoe 11.23"^.. tale tw Ord a sal era are NON 10 Ora 16'2T art •.5 63 fall•are et 67''9"hat Vier Nam ee Owen 10'et^.bet K lea N 3561 UI, Walt Myer et 440141,11•4m •g 294040 scree ant Of RESOLUTION NO. 89-R-10 WHEREAS, petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick; and WHEREAS,the Board of Trustees has reviewed the petitions;and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petitions;and WHEREAS,the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions: NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK.COLORADO. AS FOLLOWS: 1. The petitions,whose legal description is attached hereto as Exhibit A and incorporated by reference herein,are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations complies with C.R.S. §31-12-104, and with the subject properties if requested in the petitions, at the Frederick Town Hall, Frederick, Colorado 80530,at the following time and date: Thursday,June 22, 1989 at 8:00 P.M. 5. Any person may appear at such hearing and present evidence relative to the proposed annexations or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth. by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject property if requested in the petitions. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 11th day of May, 1989. TOWN OF FREDERICK Byls/Mary Jane Hall Mayor ATTEST: /s/BethAnn Bethel Town Clerk WAGONER ANNEXATION I PETITION FOR ANNFXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK,COLORADO: 1,W. Harlan Wagoner.the undersigned landowner,in accordance with Colorado law, hereby petitions the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado,to-wit: ace:egsl description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick,Colorado,that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S., as amended,exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the Town of Frederick; c. The area proposed to be annexed is urban or will be urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership,whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate,has been divided into separate pars or parcels without the written consent of the landowner or landowners thereeof, unless such tracts or parcels were separated by a dedicated street, road Of other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements • situated thereon has an assessed value in excess of two hundred thousand dollars (5200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the denchmcnt of area from any school district i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed,the Town of Frederick will have in place a plan for that area.which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways. waterfronts, parkways,playgrounds, squares.parks, aviation fields,other public ways,grounds,open spaces,public utilities, and terminals for water,light,sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area: such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed,if a portion of a platted street or alley is to be annexed,the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners. owners of any easement,or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys,public or private rights of way or public or private transportation rights of way have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed: b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer, c. Within the annexation boundary map. a showing of the location of each ownership tract in unplatted land and if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area 2 proposed to be annexed,and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances,rules and regulations of the Town of Frederick,except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 10. The zoning classification requested for the area proposed to be annexed is PUD. IL An Annexation Agreement has been executed by the perdoner herein and the Town of Frederick relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in that Annexation Agreement WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed tohibe annexed W &4 kir W.Harlan Wagoner,Petitioner 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 1/12 N&via es9 etett , being first duly sworn upon oath, •deposes and says that(he or she)wag the circulator of this Petition for Annexation of lands to the Town of Frederick. Colorado,consisting of[ ) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. ful_ Circulator • Subscribed and w \n to before me this 13 day of 'om-pf% Q 1989 by 1J�. (1r 1Ptnl,. Cr c r‘o Y' My commission expires: AnCh col l cl 90 ` Thgarilolblic 11 Ad47 C\ C` an �4k_11LY� ) Address �c�3 k- ‘144,0 Phone 4 PH ROAD 13 LEGAL DESCRIPTION All that tract of land situated in the West half of Section 31, Township 2 North, Range 67 West, the Southeast quarter of Section 36, Township 2 North, Range 68 West, and the Northeast quarter of Section 1, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northwest corner of Section 31, whence the West quarter corner thereof bears South 00 07' 25" West 2656.13 feet; thence along the North line of the Northwest quarter of Section 31 North 90 00' 00" East 50.97 feet to the True Point of Beginning: thence continuing North 90' 00' CO" East 11.01 feet to a point on the East line of a roa&way lease for Weld County Road Number 13; thence along said East line South 00 10' 46" West 2556.14 feet; thence North 90 00' 00" West 1.01 feet; thence South 00° 10' 46" West 910.50 feet; thence along the arc of a curve &o the right (said curve having a radius of 1919.86 feet, a central angle of 20 11' 22", chord of said arc bears South 10° 16' 27" West 673.01 feet) a distance of 676.51 feet; thence South 20° 22' 08" West 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of 1899.86 feet, a central angle of 20 07' 10", chord of said arc bears South 10° 18' 33" West 663.71 feet) a distance of 667.14 feet; thence South 00° 14' 58" West 321.79 feet; thence parallel with the South line of the Southeast quarter of Section 31 North 89 03' 06" West 2431.01 feet; thence North 00 00' 00" East 15.00 feet to the South quarter corner of said Section 31; thence continuing North 00 00' 00" East 15.00 feet; thence South 89 03' 06" East 2421.14 feet; thence North 00° 14' 58" East 291.67 feet; thence along the arc of a curve to tdhe right (said curve having a radius of. 19$9.86 feet, a central angle of 20 07' 10", chord of said arc bears North 10 18' 33" East 667.21 feet) a distance of 670.65 feet; thence North 20° 22' 08" East 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of 1909.86 feet, a central angle of 20 11' 22", chord of said arc bears North 10° 16' 27" East 669.51 feet) a distance of 672.98 feet; thence North 00° 10' 46" East 3566.61 feet to the True Point of Beginning containing 2.960 acres more or less. — F - am 33 es b� Es • a O ...- • • • 00 e 1i o el zz . , • 0 i c • a; O o O C i� • d • 2_ s • r nn � •x • coo. • - o • • o . I•4 4$ s4= z —"• 'e YY3 • • a• • 0 ti LQ Y • 'Pt • e 0ag C K • aS • N Ye Y • y. • o M S Iv 7 • q . n • a70 b j - tS3 -ei 90's a2 • 7:57m • • ^ n 3 i oft • a • s • • ti • T 7 • 7 G a 0 ' WAGONER ANNEXATION U PETITION FOR AlNNEXADON TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK,COLORADO: I, W. Harlan Wagoner,the undersigned landowner.in accordance with Colorado law, hereby petitions the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado,to-wit: See legal description in Exhibit A,attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado,that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S., as amended,exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the Town of Fredericlt c. The area proposed to be annexed is urban or will be urbanized in the near future; d. The area proposed to be annexed is incepted with or is capable of being integrated with the Town of Frederick e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership,whether consisting of one tact or parcel of real estate or two or more contiguous tracts or parcels of real estate,has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways,playgrounds,squares,parks, aviation fields, other public ways,grounds, open spaces,public utilities, and terminals for water,light, sanitation,transportation,and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed,the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the • information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer, c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area 2 proposed to be annexed,and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances,rules and regulations of the Town of Frederick,except for general property taxes of the Town of Frederick which shall • become effective as the January 1 next ensuing. 10. The zoning classification requested for the arca proposed to be annexed is PUD. 11. An Annexation Agreement has been executed by the petitioner herein and the Town of Frederick relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in that Annexation Agreement WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees. approve the annexation of the area proposed teal/be ?exed: b W.Harlan Wagoner,Petitioner 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) • COUNTY OF BOULDER ) ss. IV. )4a e 1 r, 1 L4444 n C[L., being first duly sworn upon oath. deposes and says that(he or she)was thokirculator of this Petition for Annexation of lands to the Town of Frederick,Colorado,consisting of[ 3 pages including this page and that each signature hereon was witnessed by your afiant and is the signature of the person whose name it purports to be. tee Circulator Subscribed and sw•rn to beforebefore My commission expires:"rr yt—Cl-, (O t 1c1 0 Notary Public Address 303 - - 11404 Phone • LEGAL DESCRIPTION That tract of land situated in the West half of Section 31, Township 2 North, Range 67 West, the North half of Sections 1, 2 and 3 of Township 1 North, Range 68 West and the South half of Sections 34, 35 and 36, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northwest corner of Section 31, whence the West quarter corner thereof bears South 00 10' 46" West 2656.13 feet; thence along the North line of the Northwest quarter of Section 31 North 90 00' 00" East 37.99 feet to a point on the West line of a roadway lease for Weld County Road N'irter 13 and the Point of Beginning; thence continuing North 90° 00' 00" East 12,99 feet; thence South 00 10' 46" West 3566.51 feet; thence along the arc of a curve to the right (said curve having a radius of 1909.86 feet, a central angle of 20 11' 22", chord of said arc bears South 10° 16' 27" West 669.51 feet) a distance of 672.98 feet; thence South 20° 22' 08" West 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of 19Q9.86 8 feet, a central angle of 20 07' 10", chord of said arc bears South 10 18' 33" West 667.21 feet) a distance of 670.65 feet; thence South 00 14' 58" West 291.67 feet: thence p$rallel with the South line of the Southeast quarter of Section 36 North 89 03' 06" West 2421.14 feet; thence South 00° 00' 00" West 30.00 feet; thence South 89° 03'06" East 2431.01 feet; thence North 00° I4' 58" East 321.79 feet; thence along the arc of a curve to the right (said curve having a radius of 1899.86 feet, a central angle of 20° 07' 10", chord of said arc bears North 10b 18' 33" East 663.71 feet) a distance of 667.14 feet; thence North 20° 22' 08" East 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of J919.86 feet, a central angle of 20 11' 22", chord of said arc bears North 10 16' 27" East 673.01 feet) a distanc% of 676.51 feet; thence North 00° 10' 46" East 910.50 feet; thence South 90 00' 00" East 1.01 feet to a point on the East line of said Weld County Road Number I3 roadway lease; thence along said East line South 00° 10' 46" West 910.51 feet; thence along the arc of a curve to the right (said curve having a radius of 1$20.87 feet, a central angle of 14° 34' 34", chord of said arc bears South 07 28' 03" West 487.35 feet) a distance of 488.67 feet to a point on the West line of the Southwest quarter of said Section 36; thence along said West line South 00 16' 47" West 105.33 feet to a point on the Easterly right-of-way line of Weld County Road 13 whence the Southwest corner of Section 31 bears South 00° 16' 47" West 1158.80 feet; thence along the Easterly right-of-way line of Road 13 and along the arc of a curve to the right (said curve having a radius of 1949.36 feet a central angle of 2 36' 54", chord of said arc bears 50uth 19 03' 41" West 88.98 feet) a distance of 88.99 feet; thence South 20° 22' 08" West 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of 1869.86 feet, a central angle of 20° 07' 10", chord of said arc bears Souoth I0° 18' 33" West 653.23 feet) a distance of 650.60 feet; thence South 00 14' 58" West 160.05 feet; thence South 44 52' 54" East 42.36 feet to a point on the North right-of-way line of State Highway Number 52 and a point on a curve; thence along said North right-of-way line and along the arc of a curve to the right (said curve having a radius of 11510.00 feet; a central angle of 00 18' 45", chord of said arc bears North 89 56' 43" East) a distance of 62.78 feet; thence South 89° 53' 55" East 94.22 feet to a point on the West line of the Southwest quarter of Section 3I; thence South 00° 16' 47" West 120.19 feet to the Southwest corner of said Section 31; thence continuing South 00w 16' 47" West 29.81 feet to a point on the South right-of-way line of State Highway Number 52; thence along said South right-of-way the following courses: thence North 89° 53' 55" West 93.77 feet; thence along the arc of a curve to the left (said curve having a radius of 11360 feet, a central angle of 3° 45' 00", chord of said arc bears South 88 13' 35" West 743.38 feet) a distance 2f 743.51 feet; thence South 86° 21' 05" West 316.13 feet; thence North 89 53' 55" West 1344.69 feet; thence South 45° 06' 98" West 141.42 feet; thence North 89° 53' 55" West 42.00 feet; thence North 44 53' 55" West 141.42 feet; thence North 89° 53' 55" West 2407.00 feet; thence South 45° 05' 13" West 141.30 feet; thence North 90° 00' 00" West 59.00 feet; thence North 45' 14' 11" West 140.87 feet; thence South 89° 28' 00" West 1707.09 feet; thence South 89° 48' 23" West 2061.43 feet; thence South 84° 22',,41. West 996.04 feet; thence North 00° 12' 00" West 0.60 feet; thence North 88° 14' 21" West 1011.43 feet to a point of a nontangent curve; thence along the arc of a curve to the right (said curve having a radius of 5780.00 feet, a central angle of 1° 24' 56", �` dof said ar" bear: North 8 ° d3' 27" West I 8C c et t- the Northeast st chord _. W_ 2. .. 2. . .� c. . ea... corner of a tract of lard as described by deed recorded at Reception Number 2109292 of Weld County Records; thence leaving said South right-of-way of State Highway Number 52 along the boundary of aforesaid tract the following courses; South 04 35" 30" West 435.97 feet; thence North 85° 24' 30" West 300.00 feet; thence North 04 35' 30" East 435.55 feet to the Northwest corner of said tract at Reception Number 2109292 and a point on the South right-of- way line of State Highway Number 52; thence North 00 C8' 30" West 102.46 feet to a point on the South lined of said Section 34 whence the Southeast corner of said Section bears North 89_ 51' 30" East 1105.67 feet; thence North 00° 08' 30" West 30.00 feet to a point on the North right-of-way line of said State Highway Number 52; thence along said North right-of-way line the following courses: thence North 89° 51' 30" East 1105.57 feet; thence North 89° 51' 00" East 699.97 feet; thence North 81° 15' 30" East 303.90 feet; thence North 89° 48' 23" Bast 2399.83 feet; thence North 89° 38' 00" East 1706.91 feet; thence North 44 48' 49" East 141.85 feet; thence North 89° 52' 14" East 54.00 feet; thence South 44° 55' 48" East 141.50 feet; thence South 89° 53' 55" East 3994.18 feet; thence North 86° 21' 05" East 311 .22 feet; thence along the arc of a curve to the right (said curve having a radius of 11510.00 feet, a central angle of 2° 44' 28", chord of said arc bears North 87° 43' 19" East 550.62 feet) a distance of 550.67 feet to a point on the Westerly right-of-way line of Weld County Road Number 13; thence along said Westerly right-of-way line the following courses: thence North 44° I0' I3" East 43.21 feet; thence North 00° 14' 58" East 160.68 feet; thence along the arc of a curve to the right (said curve having a radius of 1949.86 feet, a central angle of 20° 07' 10", chord of said arc bears North 106 18' 33" East 681.13 feet) a distance of 684.69 feet; thence North 20° 22' 08" East 129.86 feet; thence along the arc of a curve to the left (said curve having a radius of °1869.86 feet, a central angle of 14 10' 00", chord of said arc bears North 13 17' CS" East 461.16 feet) a distance of 462.33 feet to a point on the West line of the Southwest quarter of Section 36 whence the West quarter corner thereof burs North 00 I6' 47" East 1106.52 feet; thence along said West line South C0 16' 47" West 179.84 feet to a point on the Westerly line of said road&.:ay lease for Weld County Road Number 13; thence along said Westerly line the following courses: thence along the arc of a curve to the left (said curve having a radius of 1826.86 feet, a central angle of 11 25' 03", chord of said arc bears North 05 53' 48" East 377.92 feet) a distance of 378.54 feet; thence North 00° 10' 46" East 3566.57 feet to the Point of Beginning containing 47.123 acres more or less. Or . a -..+ a e a • Xaa • �1 xi i e • a a m• : g r as w • oo O�Q C a 1 1 1 1 I I I s , I s4MP Oa A a- a Ti a W } r F v v A -• O r• O 40 a 2 O_ O • Si IS a} a 9 • •.e z _� 0 A w • O .Ai. '3 a ft - G OP', • n i T 4 n v;Y • .. • a rt g r m N toc% e a G • - a I t a • - V a • n n J v N 06 V •a "• Illi y a w • aa r G-va£ M • >- ar 9 i n a k ' aa3 • a as-`l! i w ••v0o . o 27 I. I Certificate of Insurance I TPIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFiCATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE , POLICY AND DOES NOT AMEND.EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES USTED BELOW This is to Certify that LIBERTY MUTUAL Jones Intercable, Inc. , ET AL Name and 9697 E. Mineral Avenue --. address of Englewood, CO 80112 Insured. (See Attached Named Insured Wording) J is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below,The insurance afforded by the hated pollcy(les)is subject to all their terms.exclusions and Conditions and is not altered by any requirement,term or condition of any Contract Or other document with respect to which this Certificate may be issued, , I I ' TYPE CERT.EXP.DATE'' i LIMIT OF MCONTINuous P POLICY I OF POLICY ❑EXTENDED I NUMBER I LIABILITY ❑POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABIUTY LAW OF THE FOLLowiNG STATES: Body SINN By Accident Continuous I 500,000 Ea Ace. I WORKERS' until WC2-191-051938-01 *All States Except IBodym,Irye aess yD Terminated WC2-191-051938-02II State Fund States 1500,000 COMPENSATION or Reduced I (y.� Ea Person • ..• CI W ' VIy InNry By Cheeses 500,000 Pol.limn General Aggregate-Omer the,.Produce/ComgWed Opaetene 2,000,000 Froduca/Cmpelep operations Aceregate g 1,000,000 Continuous BmiN Injury ern Moony Demme bebldy Z I until 1,000,000 • J ❑cLAIMsMADE Terminated ow occurrence or Reduced TB1-191-051938-04 P 1andPevertae'elnit" IREIf!G BATE 1,ooO,ODD per 0alaM/ organehlen w� i !C"INCLUDES: EXPLOSION & COLLAPSE HAZARD �IOCCURRENCE I UNDERGROUND, PRODUCTS COMPLETED OPERATIONS, I PREMISES & OPERATIONS, INDEPENDENT, F t CONTROCTngc/rnNTRACT0Rc panmwrrrva xa7nana � x PERSONAL INJURY, CONTRACTUAL LIABILITY. T�,t®xy�t�t > ki,OWNED AS1-191-051938-05 1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED of Continuous j 1.-m ' until AS1-191-051938-061 EACH PERSON 40] ED NON-OWN ag Terminated EACH ACCIDENT I EACH ACCIDENT I in HIRED or Reduced j OR OCCURRENCE IS OR OCCURRENCE *ALL STATES COVhRAGE tr EXCLUDES MAINE X O I I j LOCATIONS)OF OPER/MONS&JOB♦Of ADDI,Cabe) DESCRIPTION OF OPERATIONS: RE: JONES CABLE INCOME FUND 1—B/C VENTURE BRIGHTON, COLORADO I I 'if the certificate expiration date is continuous Or extended term. you will be melee A coverage is terminated or reduced before the certificate expiration date.However, you wit:'774;be notified annually of the continuation of coverage, NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE O5 sur REDUCE I rGroup i t ndeMutual THE INSURANCE AFFORDED UNDER THE ABOVE POLCIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: I 7 /---) Weld County CERTIFICATE P• 0. Box 1948 HOLDER—. Greeley, CO 80632 — Attn: Assistant County Attorney AurriolTrz£DHERRE. rvTArnE wf 4/12/$9 sf EN LEWOOD I_ DATE ISSUED OFFICE COraj�. s/a4G189 Na omMema a meowed by LIBERTY MIfTUJ.INSURANCE GROUP as respects euoh insurance as a telecom by Trot Cowes 85772 142 Rage 1 of 3 Revised 03/01/89 • JONES INTERCABLE. INC. ET A1, NAMED INSURED WORDING Jones Intercable, Inc. et al and subsidiary or affiliated entities or subsidiaries or affiliates thereof (Corporations, Companies, Partnerships, Individuals or Others) as now exist or may hereafter be constituted including, but not limited to the following: Jones International, Ltd. Atlantic Cable Company Betterview Cablevision of Oregon, Inc. Evergreen Intercable, Inc. Konocti TV, Inc. Jones Tri-City Intercable, Inc. Cable TV Fund VII, Ltd. Cable TV Fund VII-A, Ltd. Cable TV Fund VII-B, Ltd. Cable TV Fund VII-C, Ltd. Cable TV Fund VII/ABC, Ltd. Cable TV Fund VII/ABC Venture Cable TV Fund VIII, Ltd. Cable TV Fund VIII-A, Ltd. Cable TV Fund VIII-B, Ltd. Cable TV Fund VIII-C, Ltd. Cable TV Fund IX, Ltd. Cable TV Fund IX-A, Ltd. Cable TV Fund IX-B, Ltd. Cable TV Fund IX-C, Ltd. Cable TV Fund 10-A, Ltd. Cable TV Fund 10-B, Ltd. Cable TV Fund 10-C, Ltd. Cable TV Fund 11, Ltd. Cable TV Fund i1-A, Ltd. Anne Arundel Intercable, Inc. Colonial Cablevision, Ltd. Cable TV Fund 11-B, Ltd. Cable TV Fund 11-C, Ltd. Cable TV Fund 11-D, Ltd. Cable TV Joint Fund 11 Jones of West Allis, Inc. Jones of New Berlin, Inc. Total TV of Kenosha Total TV Cable Services I Cable TV Fund 11-E, Ltd. Cable TV Fund 11-F, Ltd. Cable TV Fund 11-E/F Venture • j Page 2 of 3 Revised 03/01/89 JONES INTERCABLE, INC. et ak NAMED INSURED WORDING Cable TV Fund 12, Ltd. Cable TV Fund 12-A, Ltd. Cable TV Fund 12-8, Ltd. Cable TV Fund 12-C, Ltd. Cable TV Fund 12-D, Ltd. Cable TV Fund 12-BCD Venture Cable TV Fund 14, Ltd. Cable TV Fund 14-A, Ltd. Cable TV Fund 14-8, Ltd. Cable TV Fund 14-A/8 Venture Cable TV Fund 15, Ltd. Jones Intercable of California, Inc. Jones Intercable of L.A. County, Inc. Jones Intercable of San Diego, Inc. Jones Intercable of New Jersey, Inc. Saturn Cable TV Walnut Valley Special Cable TV Fund, Ltd. walnut Valley Cable TV Suffolk Cablevision, Inc. Jones Cable Income Fund 1-A, Ltd. Jones Cable Income Fund 1-8, Ltd. Jones Cable Income Fund 1-C, Ltd. Jones Cable Income Fund 1-B/C Venture Jones Intercable Investors, L.P. Jones Spacelink, Ltd. Hi Vista, Inc. Jones Spacelink of Hawaii, Inc. Jones Spacelink Income Partners 87-1, L. P. Jones Spacelink of Florida, Inc. Spacelink of Texas, Inc. Spacelink of Mission Dorado, Ltd: Spacelink 2, Inc. Spacelink Fund 2, Ltd. Spacelink Fund 3, Ltd. Jones Spacelink Fund 4, Ltd. Jones Spacelink Fund 5, Ltd. Jones Spacelink Funds, Inc. Western Pay TV Spacelink of Lake Almanor Jones Spacelink Management, Inc. Jones Spacelink Income/Growth Fund 1-A Star Com, Inc. Data Transmission, Inc. The Jones Group, Ltd. Glenn R. Jones Christine Jones Marocco Glenn Michael Jones Suzanne M. Jones Jones Future Foundation, Ltd. 4 Page 3 of 3 Revised 03/01/39 JONES INTERCABLL INC. ET Au NAMED INSURED WORDING Jones International Securities, Ltd. • • Jones Performance Products, Inc. Jones Futurex, Inc. Jones Information Management, Inc. Jones Communications, Ltd. Jones Intercable Securities, Inc. International Aviation, Ltd. Jones Properties, Inc. Cable Ads, Ltd. Jones Capital Markets, Inc. Sky Merchant, Inc. Jones 21st Century, Inc. Jones 21st Century Management, Inc. Jones 21st Century Entertainment, Inc. Jones Cable Corporation Cable ALP, Inc. IDS/Jones Growth Partners 87-A, Ltd. IDS/Jones Growth Partners 89-B, Ltd. Galactic Radio„ Inc. Saturn Partners, Ltd. Jones Lightwave, Ltd. MMDS Corporation MMDS of Tucson Partners, Inc. Starsearch, Ltd. Starsearch MMDS Management, Inc. Starsearch MMDS Corporation • Starsearch MMDS of Oklahoma City Partners, Inc. Starsearch MMDS of Kansas City Partners, Inc. Starsearch MMDS of Phoenix Partners, Inc. Jones Space Segment, Inc. Jones Earth Segment, Inc. The Mind Extension University, Inc. Jones Programming Partners, Ltd. Jones Programming Partners 1-A, Ltd. Jones Programming Services, Inc. Jones U.K. Holdings, Inc. Jones U.K. Management, Inc. Jones Political Action Committee Jones International, Ltd. Political Action Committee Jones Global Funds, Inc. Jones Marina Properties, Inc. Jones Universal Robots, Inc. Jones Spanish Holdings, Inc. Jones Spacelink Cable Corporation • t.t ', cc. NATURAL ENERGY RESOURCES COMPANY • N P.O.Box 567 • Palmer Joke,Colorado 50133 • (7I9)451.2003 • FAX(719)451.4013 May 17, 1989 William K. Reilly, Administrator Environmental Protection Agency 401 M Street S. w. Washington, D. C. 20460 Dear Mr. Reilly: Although the enclosed Denver Post article is very brief and Somewhat misleading, it does highlight the fact that Metro Denver, state, and Gunnison interests are vigorously pursuing the beneficial use of surplus water from the untapped Gunnison Basin. The Metro Denver CIS is not a valid decision document. because the corps improperly screened the Gunnison from detailed consideration to protect Denver's outmoded Two Forks concept from a superior water source. Arapahoe_ County's advanced Union Park Reservoir and Siphon from the Gunnison is certain to be the successor to the vetoed Two Forks project. The Corps' computer analysis has recently confirmed that by pumpina an average 80,000 acre feet of surplus Gunnison flood waters into the massive, high altitude, off river, sage covered, Union Park Reservoir site, the drought yield of Denver's existing reservoirs can be increased by 140,000 acre feet. Because of this unprecedented multiplier effect, Union Park's safe yield is 40% more than Two Forks for about half the unit cost. Union Park will also unify the state by enhancing its environment, agriculture, and tourist economies. This unique project is specifically designed to provide much needed drought protection for Colorado's major river basins on both slopes. The City of Thornton'n ongoing City - Farm Recycling Project is another environmentally sound water project that was improperly ignored by the Corps to protect Two Forks. This innovative use of irrigation water will economically increase Northern Metro Denver water supplies by 60,000 acre feet. Northern Colorado farming will be fully protected with the 100% return of treated affluent to the same irrigation ditches. The beneficial use of Gunnison and recycled irrigation water will save the nationally treasured South Platte Canyon and stop the destructive dewatering of the overworked Upper Colorado Basin. EPA's farsighted veto of Two Forks will open the door to a rational consensus for balanced Colorado water development. Sincerely, y4 27i4 may' Allen D. (Dave) Miller President ADM/bm Encl: Denver Post article dated May 16, 1989. • Cc: Mr. tee A. DeHihns, Colorado Congressional Delegates and Legislators, local state, and federal officials. boek 4 5'07j • Tuesday,May 16, 1989 THE DENVER POST Standoff ANTE•• , PIG• rtT Woe RMr t ! ESE VI RGSER •1R U..�a�n,n Pr . .. to n n. 1 over water ` TAESEIV•Ia • ,C. P ` Ent Rha /ATT- be,ver may end I Ili.MoNT oemiteRESERVOIR Ringo TAYL•R .A.K WATE• Maness C• .•UCT•R River West Slope, suburbs Gunnison River P ••. . UNI•N A K study compromise RESERV•I • ilbaottwwa By Bill McKean / Denver Poet Stall Writer Saes • The five-year standoff between BLUE MESA thirsty Denver suburbs and West RESERVOIR ' ' Slope water interests over Cunni- te..O.10) NOT TO SCALE son River water soon may end, rer o«war Post lBrve.an thanks to a compromise suggested in a recent study. building new facilities. plan as an alternative to the Colle- ' The study,managed by the Colo- Using an extended system of plate Range project, a $340 mil • - redo Water Resources and Power tunnels and pipelines to get the lion transmountain diversion that Development Authority, is signifi- water over the mountains, Taylor would require building two new cant because it balances West Park Reservoir could supply about reservoirs. Slope recreation and irrigation 42,000 acre-feet a year to subur• "There needs to be a solution needs with the need of metro corn- ban communities. over there that benefits the (Gun- ' munities to develop new sources of If an option to pump water out nison)basin."Griswold said,"That drinking water, of Blue Mesa Reservoir to Taylor study,at least,points out some op- For five years,Arapahoe County Park reservoir was added, the portunities to do that" and Aurora have fought over the yield might be 100,000 acre-feet. Dick Bratton, attorney for the rights to about 70,000 acre-feet of The price tag: $531 million. Upper Gunnison River Water Con- . unappropriated Gunnison River The report recommends subur- servancy District, agreed. The water, ban governments buy senior water study, he said, "has the potential West Slope water owners have rights now stored in Taylor Park for a unique kind of partnership." been girding for a prolonged battle instead of trying to prove in Water But Andy Andrews, an engineer with both governments,fearing re- Court that some Gunnison River for Arapahoe County and Gunni- moval of Gunnison water would water isn't being used, son, was critical of the plan. 'deflate the water-based recreation Revenues from those water The study on which the plan is industry,hurt the environment and sales could be used to build two based said the transmountain di- damage agriculture. West Slope reservoirs to enhance version favored by Gunnison and • The authority's report suggests erop'irrigation and bolster the re- Arapahoe —the Union Park proj- Arapahoe County and Aurora use gion's recreation-based economy. ect — would cost roughly $200 the existing Taylor Park Reservoir Tom Griswold, Aurora utilities million more than Andrews'our- northeast of Gunnison instead of director, said he's considering the rent estimate of$446 million. ; , B ,,,, ,,e., i.1 §y a:s ►t:i! ithilififi l 1 i 0 �� JiYYts�` i W V .. J ,;A 0.12a; Eink-b13Kr'2O I E: acls,�E3 6k4taa s aS�or'e y "3 ni! a Ea d k,s Sp s g ggx"§ ,` r E • gr� N.11442; � Y ' IP 5 Ii R,1 51otao1 . E84P PkyP$ Y'§Ahl„irc-5 fraigl:”.17WPIiglil IPOtfral4,4 ifi c+ 2gItial.a" 1iiiv ittis spa' &!i2 coati.4 pApdtv?,C as1"13° -.9 a' °t-thA f E241agge”fi��•A&'a� s3 a h. Ti .•aag h &._ i.0 6*-xa ik a C) 'a;X�s7 pl Eni kg 10,442 g5E2 k1” '�aua9�� w^gym g'.3 3a�Qe y'Ea,ziXargfl tP" P e E 2g`-id s Qgg : a .�`rx � 3E''^I"i:3P, i-4 sal I� ��E.. E0 a tati��• ." gap � 9 a �iso��ia� w u�ayE�y�� ..y��g3"3 E d3 Ili&sq•aEg, �d.y gsieu , E yazaii5,..t rc8it-i ce gE etgl5ia0°�1g 'gixgNfsrlysalifi' l*Wt3o dlii pg r 4348 AiiirgME h aivi g-s E o 5.Ya3 gAiw.9�g uyti x a-l• g.a .4 s,a Isg gi s *T!,12;, e Jsa~l p aaAV ays2= z 4et-so ggYyyaapp�� ``nal�SS y yy g pg 4tb Trip p & rile" s8s y9. die 3aS e 0 S 3 E • cat l3�ya'g N: YSah 4V_45 S u 7 El gof 22i -ap"E �E w s"gs;; IE-mliv" w^ d .mvt?ggys wt ud°xv "i !..53., x3 .. Y7.3 SY .6e Pa aY r'aE 'S'.g-m2srmt o w h24 nX 13 �111.dip. allµ-.- ligA 2 y 4 ingi wc."3'.a„ tr.' -63q b °ae d L (5 a s8 a'3 �ya yd& Q� YS > E 14-414>, !ag9 Sq P f Q) off• a'� 1i4P2y s tilt d Ae $ s `gat > 4 �f`� �r �[(, u�u .2yy��9i�mLCy�CCy N GUhN<y�a 9 ;uZ.V. q y w Vf,s M' ^Fylq r /N VI MI �i� .y V�'la 8n} c y �¢ Y ef a'it+�.1,yY• W ct ''.y ;12123.42,1e/11* 7y2123.4aC^;I ta, S'Lp�, t'.4yv pE .y Y7O 7 Gie.li.aj AeNy L] peg o , qqv. yy� po � p ofs t ��.s:a g; s sae z H pq m tIg.st � .,Astgya°_ ,-. ...“.:7J, .„ A. O td) Ye tic „ppp3g3q61ax$$YgbytaaM.y S5VV�a ryRJ g Q � 11 .1 3. 10 itiYt1 7 ..c o ui � 7 s fixa vt4 ,$ w `3s6y ,� • rl G7 it 2 a to IWA E s rri Opt- * 3< " E rq CSW .$r. ,..w, y Qy nz `At � $ w lI i .�{i m,� j' En ag n yi tyy ttoe qpapavittzqt q teee�{{ �J�w�V�O�L.~ 4i�3 E 1 g•tti . (�lss�Vy 4 ' pi }apg q 'lgp d`,]] a igOy 6;N X4 a tl E Wait Gl(i60tici$ CJ} w& E' a� 3 ;A .1' .B k' t k. 8% r n g3 v Ek ai47 c2toaa�^`�, 1 $d. gg�q- 9.�.�c w,ice,- t �°°g: -a-wed ¢), - .CJ xp d� �9 } W Y ^9 O 4 y G 1�QJ q O ?�j� Ap y m 6 f1 p W —a �` 2 X 1,91�-5--t a. y i O 4.. M 5 ice' Woo Yta F=A- EnAne '5fly.6 y 20 oS�Lnat� 2:7 t7 pi v9i .Sri. It Cd,. STATE OF COLORADO BOARD OF LAND COMMISSIONERS (" ^ .. Department of Natural Resources 620 Centennial Building i ,',' • _ p•CO�7373 Sherman St„Denver,Colorado 80203 0 (303) 866.3454 -- 41 May 22, 1989 187 ii,,,itier Commissioners ROWENA ROGERS JOY C. CARPENTER County Clerk and Commissioners JOHN S. WILKES III Weld County P 0 Box 758 Greeley, CO 80632 Gentlemen: It is the policy of the State Board of Land Commissioners to notify the counties of pending Board actions within your county. As there are certain tracts on the enclosed notice of Oil & Gas ,ease Auction which are in your county, the Board requests that you post this notice on your bulletin board until after that auction. The notice shows the date, time, and place it will be held. Thank you. Thank you. Sincerely, L. R. Ladwig Minerals Director LRL/jc Enc. �`F�- J \ ANTHONY NI UR, IADWIC RUTH J. KARY �f / Administrator Minerals Director Deputy Register 1. 620 Centennial' Building, Phone (303) 866.3454 1313 Shbrm'A'B Crest STATE BOARD OF LAND COMMISSIONERS OF THE STATE OF COLORADO Oil and gas Lease Aucyioa Thursday, June 15, 1989 10:00 AM 220 Centennial Building 1313 Sherman Street Denver, Colorado 80203 NOTICE IS HEREBY GIVEN, That the State Board of Land Commissioners, by means of its regular leasing procedure (oral bidding) , intends to grant oil and gas leases on the tracts listed. Leases will be on Colorado Oil & Gas Lease Form 193-5 (Rev. 4/84) , as amended. The Board reserves the right to reject any and all bids, and to withdraw any tract at any time. PAYMENT IN FULL FOR ANY AND ALL TRACTS IS DUE AND PAYABLE AT THE CONCLUSION OF THE SALE. SIGHT DRAFTS WILL NOT BE ACCEPTED FOR ANY PAYMENT. TRACT NO. ACRES SUBDIVISION $EC.TWP.RGE_ COUNTY $ATENTED 1 640.00 All 36.5S-63W Arapahoe All 2 641.12 All Tract 66 Res. of 36.33S-44W Baca All Described as: 27.64 ac. , Lots 17, 19,21,23,25 25-335.44W 613.48 ac. , Lots 1-5, 8-17,20,21,23-25 36-33S-44W 3 640.01 All Tract 40A Res. of 36-33S-46W Baca None Described as: 9.37 ac. , Lots 9,10 30-33S-45W 17.67 ac. , Lots 9,10,11 31.33S-45W 212.19' ac. , Lots 2,4, 6,8,10-13 25-33S-46W 400.78 ac. , Lots 1-4, 7.11,13,15,17 36-335.46W 4 640.00 All Tract 38 Res. of 16-348.46W Bata None Described as: 12.17 at. , Lot 2 8.34S-46W 101.03 ac. , Lots 13, 16,18,21 9-34S-46W 470.17 ac. , Lots 2-9, 12-16,18,20,22 16.34S-46W 56.63 ac. , Lots 1,4,5,8 17-34S-46W Page of - TRACT NO. ACRES SUBDIVISION SEC.TWP.RGE., COUNTY fATENTE2 5 467.57 All Tract 41 Res. of 16-353-47W Baca None Described as: 11.06 ac. , Lot 2 8-35$-47W 119.89 ac. , Lots 2,4,6,8 9-35S-47W 310.82 ac. , Lots 11-18, 21-24 16-35S-47W 25.80 ac. , Lots 9,14 17-35S-47W 6 200.00 NW/4SE/4; 5/25/2 2-23S-51W Bent None 7 400.00 E/2NE/4; S/2 10.23S-51W Bent None 8 320.00 NW/4NE/4; NW/4; 11-236-51W Bent None W/2SW/4; SE/4SW/4 9 280.00 N/2NE/4; NW/4; 15-23S-51W Bent None NRJ/4SW/4 10 640.00 All 17-23S-51W Bent Part 11 160.00 SE/4 18.23S-51W Bent All 12 160.00 NE/4 19-23S-51W Bent All 13 321.01 Lots 5-12 (S/2) 4-15S-42W Cheyenne All 14 640.00 All 16-68.60W Elbert None 15 640.00 All 16-9N-92W Moffat All 16 640.00 All 16-10N-92W Moffat All 17 721.00 All Res. of 36-11N-92W Moffat None Described as: 52.99 ac. , Lots 9,10, 12,14 6-10N-91W 489.90 ac. , Lots 6,8, 10,12.16,19-26 31-11N-91w 26.98 at, , Lots 5,15 1-10N-92W 151.13' ac. , Lots 2,3,5 36-11N-92W 18 30,90 Lots 9,10 14-12N-92W Moffat All 19 5.50 Lot 8 15-12N-92W Moffat All 20 97.98 Lots 12,16.17; Frac. 18.12N-92W Moffat All Pt. Lots 11,14,15 21 422.80 Lots 7.8,10.14,17-20; 19-12N-92W Moffat Part Tract 42; Frac. Pt. Lots 9,11,13 Page of TRACT NO. AC,$ES SUBDIVISION SEC.TWP.RGE. 0011 PATENTED 22 88.67 Lots 9,10 20-12N-92W Moffat None 23 261.54 Lots 2,6,7 21-12N-92W Moffat All 24 130.63 Lots 1,6,7,15,17 22-12N-92W Moffat Part 25 90.69 Lots 8,10,11 27-12N-92W Moffat None 26 257.18 Lots 1,2 29-12N-92W Moffat None 27 22.80 Lot 9 30-12N-92W Moffat None 28 640.00 All 36-12N-92W Moffat None 29 640.00 All 36.9N-93W Moffat None 30 640.00 All 36-10N-93W Moffat None 31 79.60 Lots 28,30; Frac. Pt. 13-12N-93W Moffat All Lots 12,23,25-27,29 32 55.44 Lots 18-20,22,24, 14-12N-93W Moffat Part 26,28 33 640.31 All Res. of 16-12N-93W Moffat None Described as: 301.13 ac. ,Lots 6-13, 16-19 16-12N-93W 56.01 ac. , Lots 5,14,15 17-12N-93W 44.38 ac. , Lots 1,4 20.12N-93W 238,79 ac. , Lots 2-6, 8,10,12 21.12N-93W 34 24.94 Lots 2,15 22-12N-93W Moffat None 35 528.54 Lots 1-6,8,10,12-22, 23-12N-93W Moffat Part 25,27,28,30,32,34 36 630.55 Lots 2,4-36; Frac. 24-12N-93W Moffat Part Pt. Lots 1,3 37 242.00 Lots 2-6,8,10,12 25-12N-93w Moffat None 38 43.93 Lots 1,4 26-12N-93W Moffat None 39 642.11 All 1-37N-14W Montezuma All 40 640.00 All 24-38N-14W Montezuma All 41 320.00 W/2 36-2N-55W Morgan None Page of TRACT NO. ACRES SUBDIVISION $EC.TWP.RCE. COUNTY PATENTED 42 160.00 SE/4SW/4; NE/4SE/4; 26-5N-58W Morgan None S/2SE/4 43 160.00 NE/4 35-5N-58W Morgan None 44 640.00 All 36.5N-58W Morgan None 45 640.00 All 16-1N-85W Routt None 46 160.00 SE/4 16-9N-56W Weld None 47 320.00 E/2 36-7N-61W Weld All 48 80.00 E/2SW/4 11-3N-62W Weld None 49 40,00 NE/4NE/4 16-6N-66W Weld All Surface locations for any wells drilled on this lease must be west of the west property line of lots fronting on County Road 31. (See Board for additional detail.) TOTAL ACRES OFFERED: axis 26.82 Errors sometimes occur in the listing though every effort is made to avoid them. The Board is not liable for any inconvenience or loss caused by errors which may occur. Corporations must be registered and in good standing with the Secretary of State's Division of Corporations to do business in Colorado. NOTE: Receipts for all rental payments after the first year will not be mailed to lessees unless a stamped, self-addressed envelope accompanies the rental payment. SALE PROCEDURES All tracts will be offered for sale by oral bidding at public auction. All monies are due immediately after the sale. Rentals and bonus bidding are on a per acre basis. The minimum bid, often called the opener by the auctioneer, is the first year's rental of $1.00 per acre or fraction thereof, plus the statutory fees.* The bidding beyond the minimum is a bonus bid and the winning bidder will pay the amount bid plus the first year's rental and fees. The bonus is a one time payment only while the rentals are annual and continuous whether or not production is established. Page 4 of 4 The bidding is in multiples of $1.00 but this may be changed at any time by the Board. The lease will, of course, be awarded to the highest bidder. *FEE SCHEDULE: 160 acres $12.75 161-320 14.25 321-480 15.75 481-640 17.25 S1.50 for each addt1onal 160 acres_ WARNING There is no assurance that there is any potential for production on any tract offered for leasing by the State Board of Land Commissioners. Document 6745D Page of STATE OF COLORADO BOARD OF LAND COMMISSIONERS Department of Natural Resources 620 Centennial Building 1313 Sherman St., Denver,Colorado 80203 .0'C% a5htfg# (303) 866.345a Ih b os, 6?) 1876 May 4 , 1989 Commissioners ROWENA ROGERS JOY C.CARPENTER JOHN S.WILKES III IMPORTANT NOTICE OIL AND GAS LEASE AUCTION SCHEDULE FOR LAST HALF OF 1989 Auction Date Deadline for Submitting Tract Reauests September 21, 1989 (Thursday) July 21, 1989 December 21, 1989 (Thursday) October 20, 1989 The demand for oil and gas and mining leases on state land is currently at a low level. Until this level of demand changes, the State Land Board will hold lease auctions on a quarterly basis. Document 2524D ANTHONY SABATINI L.R. LADWIC RUTH). KARY Administrator Minerals Director Deputy Register 9 la 33 1 u )-15n no COUI T O^ APPEALS n.-� "'t'o. 89CAS47 RODERICK F. ELLIOTT: Lot^:SZo D. PURVIS: CAMiLO AaGLLA!TO: Anpollants, v-I. BOARD OF WELD COUNTY CO; MISSIONERS: and SHERIFF ED JORDAN: Appe11eez. APPEAL FnOM THE WELD COUNTY. DISTRICT COURT, CRTELEY, COLORADO TRIAL JUDGE: TiononA?3LE JO•'1ATHAN B. RAYES PARTY INITIATING APPEAL: RODERICi( F. ELLIOTT #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 TRIA?, COURT ^CASE NO. 39CV2 ATTORNEY FO,\ APPEL 77' I: Mr. Bruce Barker A.)5't_ County Attorney 915 10th Street P.O. Box 946 Greeley, Co. 80632 APPELLANT'S APPEARING P70 Roderic'.c F. Elliott `/55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 Lorenzo D. Purvis ;!47950 Ca:hillo Arellano P.O. ^ox 1000 P.O. Eox 1000 • Crowley, Co. 81034 Crowley, Co. 81024 APPELLA'TTS A2E APPEALING CftfT ORDER GRANTING SUMMARY JUDCt4l.T A'TD DIS"ISSING OF COMPLAINT 'AT-D February 22nd, 19"9' (A) APP::1LtA:::"; V17.1 '1PPEALING o71.2Ii:c LEA7E TO P'OC7ED 1:1 FORMA PAUPT'IS DATED APRIL 11 , 1959. (A) APPELLANTS Ann APPEALING DENIAL TO VACATE O.^.DZR DATED FE3EUAThY 22nd, 1939. (C) APPELLANTS ARE APPEALING ORDER DENYING MOTION TO AMEND COMPLAINT DATED APRIL 11 , 1939. (D) APPELLANTS ARE APPEALING DENIAL FOR DISQUALIFICATION 0 ' JUDGE DATED A?'.IL 11th, 1989. 1;4-1113b-S13,4lc13q FILED DIMICT IN COURT DISTRICT COURT, WELD COUNTY, STATE OF COLORADO APR II 89 Case No. 89 CV 2 WELD eounlry, C0 ORDER RODERICK F . ELLIOTT, et al. , Plaintiffs, v. BOARD OF WELD COUNTY COMMISSIONERS, and SHERIFF ED JORDAN, Defendants . Plaintiffs bring a motion to reconsider this Court' s Order of 2/22/89 dismissing their Complaint. The case file reflects that Defendants moved for Dismissal and Summary Judge- ment on 1/17/89 . Plaintiff' s response was untimely filed/and was unsupported by Affidavit, on 2/2/39, the same date that the Court entered its Order of Dismissal . From that date forward, Plaintiffs have continued to file various Motions to Vacate the Order of Dismissal , for Change of Judge , and to Amend the Complaint . The Court treats the 3/6/89 and 3/17/89 Motions to Vacate the Order of Dismissal as motions under C.R.C.P. 59, and concludes that neither has merit , and that the latter was untimely filed. The Court further concludes that the Motions to Disqualify the Court did not comply with C.R.C.P. 97 , and that the remaining motions arc untimely. IT IS ORDERED that Plaintiffs ' Motion to Vacate the Dismissal Order of 2/22/89 is DENIED. It is further ordered that the Plaintiffs ' other pending motions be DENIED. Done in chambers this f; day of April , 1989. BY THE COURT: onathan W. &lays District Judge --S- DISTRICT CORUT, WELD COUNTY, STATE OF COLORADO , CASE NO. 89 CV 2 ========t======R=====____¢=====C=========Z===S==C 5== ORDER ON INDIGENCY == 6 = =_-_ RODERICK F. ELLIOTT: LORENZO D. PURVIS: and CAMILO ARELLANO: Plaintiffs, vs. BOARD OF WELD COUNTY COMMISSIONERS: and SHERIFF ED JORDAN: Defendants. £4c:o Plaintiff$ kave- mailed to the Court Motion For Leave To Proceed h /1 In Forma Pauperis On Appeal. In our files arraAffidavitp' from the ELc ,c rr Plaintiff of Indigency. Of its own Motion the Court ahs determined that the Plaiantiffy/EJJ'•7 /' axe presently;inmateft within the Ordway and Territorial Facilities of the Colroado Department of Corrections and unable to pay costs of this action. IT IS THEREFORE ORDERED that the Clerk of this Court filed the Motion For Leave to Proceed on Appeal in Forma Pauperis witItout [Li. 7T payment of costs or docket fees and that the PSaintifffbe allowed to proceed without the payment of docket fee or appellate fees. A ^ Done this c29 day of 4 pg , I 1989. BY THE JUDGE, We d Co. District As- 'f GENERAL STATEMENT APPELLANT Roderick F. Elliott was incarcerated in the Weld County Jail from a Hold placed by parole officer from Greeley, and dated October 8th, ' 1988. Appellant was a DOC inmate from the Colorado Territorial Correction Facility, Canon City, transferred to Greeley Restitution Center. Without Notice or Hearing, Appellant was incarcarated in denial of his civil rights, placed in a no smoking jail. Smoking is a liberty right secured by the Civil Rights Act of 1871, Title 42 U.S.C. Section 1983. THAT the Resolution of the Weld County Commissioners and inaug- urated by Appellee Sheriff, is unconstitutional not only as it de- prives Appellants of their civil rights, but is in violation of C.R.S. 25-14-102, Colorado No Smoking Statute, and the Greeley City No Smoking Ordinance. Appellants are still hoping for a reply from the City Clerk of Greeley on Ordinance No. and reference. THAT Appellants were not given a hearing or rights to Discovery, opportunity to respond, shows abuse of discretion and violation of Appellants due process and equal protection clause of the 5th & 14th Amendments of the U.S. Constitution thereby inflic- ting cruel and inhuman punnishment in contravention of the 8th Amend- ment of the U.S. Constitution and the Bill of Rights of the Colorado State Constitution and the Civil Rights Act of 1871. 42 U.S.C. §1983. THAT Appellants were denied right to Amend Complaint or that presiding judge was in conflict of interest with Appellant by his having been the sentencing judge and that Appellant Elliojtt's case is on Appeal with the Colorado Supreme Court at this date. Further that with litigation now filed in the U.S. District Court upon Appellee Sheriff and two (2) other Defendants there could be a conflict with -2- the Honorable Jonathan Hayes as he is a shareholder in the corpor- ation known as Villa of Greeley Inc. The Greeley Restitution Center is a DBA of this corporation and Judge Hayes a Director thereof. THAT Appellants are appealing Courts dismissal wherein equal protection and due process were denied of forma pauperis to carry forward to this Court. The issues were not settled as there was no search for the truth, examination of the record, depriving App- ellants of discovery for developing the merits of the case and con- stitutional deprivations, status of "Resolution" constitutionality, showing deliberate indifference to Appellants civil rights or prot- ' ections of the 5th & 14th Amendments of the U.S. Constitution and Bill of Rights of the Colorado State Constitution. THAT JUDGMENT OF THE WELD COUNTY DISTRICT COURT AS FOUND DATED APRIL 11, 1989 IS A FINAL ORDER. Rule 3(E) , Judgment on all Motions was April 11 , 1989. Rule 3(F) , There were no extensions requested or granted. Rule 3(G) , Motion To Vacate Judgment of Dismissal dated Feb. 22, 1989: Motion To Amend Complaint filed with Motion Vacate on March 2nd, 1989; Motion to Disqualify Judge were filed March 2nd, 1989. Dismissal of all Motions was April 11 , 1989 . Rule 3(H) , There was no Motion For Rehearing. Rule 3(I) , There was no extensions for filing of Appeal as the Notices with Transfer of Record had been filed with the Clerk of the Weld County District Court on the 18th day fo April, 1989 . ISSUES TO BE RAISED ON APPEAR ARE: 1. May a complaint be dismissed in civil rights action with- out due process and equal protection of the alws as found in the 5th & 14th Amendments of the U.S- Constitution, the Bill of Rights of the Colorado State Constitution without a Hearing and opportunity to develop merits of the case through discovery? -3- 2. May a question of constitutionality of the Weld County Commissioners Resolution passed in or about May 1st, 1938 be dismssed without a Hearing or judgment• on the merits of Appellants cause of action? 3. May a Colorado Dept. of Corrections property, the Appellant heroin be subjected to treatemnt adverse to standard of living received and customed to at previous incarceration without Notice and due process to offset traumatic change and life styles which creates cruel & inhuman treatemnt in violation of the 14th and 8th Amend- ments of the U.S. Constitution and the Bill of Rights of the Colroado State Constitution? 4. May an Indigent Appellant be denied forma pauperis status when Affidavit has been filed to deny access to the courts for redress of grievances under rights of "fairness" and "sense of justice' is shown on basis of constitutional and civil rights merit as found secured in the Civil Rights Act of 1871 , Title 42 U.S.C. Sec. 1983 and the 1st Amendment of the U.S. Constitution? Rule 3(4) The Court is going to need the No Smoking Ordinate of the City of Greeley, Colorado. Rule 3(5) Preargument conference should be required by filing of Briefs for the necessary requirements established by this Court. Rule 3(6) Counsel for Appellees is found on Cover Page Of this Notice of Appeal. Rule 3(7) Apendex is found as Roman Numerals following Cover Page of this Notice of Appeal TIICREPORE Appellants herein give Notice of Appeal from the Weld County District Court pursuant to the Cover Page of This Notice of Appeal. Th1ac etfully sub. tted, as Roderick: F. Elliott #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 Lorenzo D. Purvis #47950 Camillo Arollano P.O. Box 1000 P.O. Box 1000 Crowley, Co. 81034� 81034 Dated this i 9 f day of May, 1989 -4- COLORADO COuRT OF APPEALS NO. 89CA517 RODERICK F. ELLIOTT: LOPENZO D. PURVIS: CAMI;0 ARET.LA`?O: Appellants. vs. BOARD OF WELD COUNTY CO:4MISSIQNERs: and SHERIFF ED JORnA`t: Appellees. C«, Ti?ICA:2 Or A AIL171C I, Roderick P. Elliott; Lorenzo D. Purvis; Camillo Arnllano ' did place a cony of this *Toticc of Ahr_nl in th^_ Uniton Status Postal Service, first ctns, postage nr^_pair? to: Two (2) conies to the Weld County District Chart Cler':, Mile: County Courthouse, • P.O. `;ox C, Greeley, Co. 80632: Weld County Commissioners, Con- tennial . ?3ldn, 915 Tenth ct. , 'reeley, Co. 80632; Sheriff nd Jordan, Greeley County Jail, P.O. ?lox 759, Greeley, Co. ' 30632; 21r. Bruce Bar::er, Asst. County Attorney, 915 Tont'.1 St. ,?.0. Box 946, Greeley, Colorado, 80632 on this !KZ day of may, 1989. Respectfully submitted, hi ;MI RV ar Roderic}; T. Elliott #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 Lorenzo n. Purvis #47950 • P.0. Box 1000 Camillo Arcllano Crowley, Co. 81034 P.O. Bo:: 1000 Crowley, Co.' 31034 • _5_ DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 5/12/89 through 5/19/89 CASE NUMBER NAME ZPMH-1554 Gruen 2PMH-1558 Benedict C kS CJ. Chuck Cunlif£e, Director r RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMISSIONERS WELD COUNTY, COLORADO MAY 24, 1989 TAPE 1189-21 & #89-22 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 24, 1989, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 22, 1989, as printed. Commissioner Kennedy seconded the motion, and it carried unanimously. ADDITIONS: Mr. Warden added as Item #6 under New Business — Consider declaring Leitz microscope as surplus property. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kennedy seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Drew Scheltinga, Engineering Director, reporting on the road projects said the 68 miles of rubberized crack filling has been completed and was below the estimated cost, the project for the 51 miles of chip and seal is being worked on, and the three miles of paving on Road 5 is nearly complete. Mr. Scheltinga also reported on the Federal and State bridge grant projects. George Goodell, Road and Bridge Director, reported on the various divisions in his department. He said approximately 186 miles of roads have been graveled, and approximately 116,000 tons of gravel have been hauled this year. Mr. Goodell reported on the Bridge, Maintenance. and Maintenance Support Divisions. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $386,809.40 Social Services 39,418.08 Handwritten warrants: Payroll 52.67 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Johnson seconded the motion which carried unanimously. BIDS: PRESENT OIL AND GAS LEASES - DON WARDEN: The oil and gas lease bids were read into the record as follows: Parcel No. 1 Union Pacific Resources Company, of Ft. Worth, Texas, was the sole bidder in the total amount of $1,260.00, for this parcel which contains 120 acres and is described as part of Section 2, Township 7 North, Range 63 West of the 6th P.M, Weld County. Colorado. Commissioner Lacy moved to accept said bid from Union Pacific Resources Company. The motion was seconded by Commissioner Johnson, and it carried unanimously. Parcel No. 2 There were three bids received on this parcel containing 200 acres and described as part of Section 12, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado. The top bid was submitted by Mile Hi Oil & Gas Company, of Denver, in the amount of $76.85 per acre, for a total of $15,370.00. The next high bid was submitted by Riviera Petroleum Company, of Englewood, which made the company eligible to participate in oral bidding with Mile Hi Oil & Gas Company, but there was no representative of the company present at this meeting. Commissioner Lacy moved that the bid from Mile Hi Oil & Gas Company be accepted. Seconded by Commissioner Kennedy, the motion carried unanimously. Parcel. No. 3 The sole bidder for this 160-acre parcel was Francis Energy Company, of Creeley, in the total amount of $3,760.00. This parcel is located in part of Section 15. Township 8 North, Range 60 West of the 6th P.M.. Weld County, Colorado. Commissioner Johnson moved to accept said bid from Francis Energy Company. Commissioner Lacy seconded the motion, and it carried unanimously. There were no bids on Parcels 4 through 9. PRESENT SALE OF LEITZ MICROSCOPE AND ACCESSORIES - SHERIFF'S DEPT: Mr. Warden said there were three bid offers for the purchase of this Leitz microscope and accessories. He said the Sheriff's recommendation is to accept the high bid offer of Keith E. P. Inman, Criminalist, of Signal Hill, California, in the total amount of $6,500.00. Mr. Warden added that item #6, which was added under New Business, requesting that this microscope be declared as surplus property, is associated with this bid item. After discussion, Commissioner Lacy moved to declare this Leitz microscope surplus property and accept the bid of Keith E. P. Inman. The motion, which was seconded by Commissioner Johnson, carried unanimously. Minutes - May 24, 1989 Page 2 PRESENT CHIP AND SEAL - ROAD AND BRIDGE DEPT: Mr. Warden presented this item to the Board and said it is to be considered for approval on June 7. BUSINESS: NEW: CONSIDER RESOLUTION RE: PARTIAL RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS: Bruce Barker, Assistant County Attorney, explained that this request for a partial release of Deed of Trust concerns Lot 1, Block 1, in Parkland Estates Subdivision. He said this property is included in the Deed of Trust being held as collateral for the paving which was done in that subdivision in 1984. This lot is now being sold, with the proceeds of the sale to be placed in the escrow account for use toward the paving. Commissioner Lacy moved to approve this Resolution concerning the partial release of Deed of Trust and authorize the Chairman to sign the necessary documents. Commissioner Johnson seconded the motion which carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON TURNER BOULEVARD AT STATE HIGHWAY 119: Drew Scheltinga, Director of the Engineering Department, said a request to post "No Parking" signs on Turner Boulevard was submitted by the business owners there. He said that an inspection showed that. although there are "No Parking" signs on the east side of the boulevard, additional signs should be placed on the west side. Mr. • Scheltinga recommended approval of this request to restrict parking on Turner Boulevard south of State Highway 119. Commissioner Lacy moved to approve "No Parking" signs on Turner Boulevard south of State Highway 119. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON McAVOY AVENUE AT 37TH STREET: Mr. Scheltinga said, after inspection, it has been determined that, because of the high traffic volume, a "Stop" sign is necessary at this intersection. Commissioner Lacy moved to approve the installation of a "Stop" sign on McAvoy Avenue at 37th Street. The motion, which was seconded by Commissioner Johnson, carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN VEHICLES AS SURPLUS PROPERTY: Mr. Warden said there are six Sheriff patrol vehicles that are to be used for trade-ins on new vehicles and should be declared as surplus property. Commissioner Johnson moved to approve said Resolution. Commissioner Lacy seconded the motion, and it carried unanimously. CONSIDER RESOLUTION RE: CANCEL COMMISSIONER'S MEETING FOR JUNE 14, 1989: Commissioner Lacy moved to approve this Resolution concerning the cancellation of the Board meeting on June 14 due to the CCI conference on that date. The motion was seconded by Commissioner Johnson, and it carried unanimously. CONSIDER DECLARING LEITZ MICROSCOPE AS SURPLUS PROPERTY: This item was considered with Item #2 under Bids. PLANNING: ZPAD //35-46 - NATIONAL HOG FARMS: Lanell Curry, representing the Department of Planning Services, said this request from National Hog Farms is for 12 accessory dwellings to be used by its unit managers. Ms. Curry said the Planning staff recommends approval subject to four conditions. (Tape Change #89-22 during Ms. Curry's presentation.) William O'Hare, general manager of National Hog Farms, came forward to explain this request and answer questions of the Board. Commissioner Lacy moved to approve ZPAD #35-46 for National Hog Farms, subject to the recommended conditions. Seconded by Commissioner Johnson, the • motion carried unanimously. Minutes - May 24, 1989 Page 3 CONSIDER PROBABLE CAUSE FOR REVOCATION OF USR #481 - CERVI: Keith Schuett, of the Planning Department, said this Probable Cause Hearing concerns USE #481 which was granted to Mike Cervi, dba Roggen Disposal, Inc. Mr. Schuett said it is the opinion of the Planning staff that Mr. Cervi is not in compliance with Development Standards 9, 17, 20 and approved minor changes. The Planning staff recommends that the Board schedule a Show Cause Hearing to consider revocation of USR #481 . Wes Potter, representing the Health Department, said he had conducted an inspection on May 22, and he found that some corrections have been made, but Mr. Cervi is still not in compliance. Mr. Potter explained that there arc major concerns about the receiving pad. Tom Cope, engineer representing Roggen Disposal, Inc., submitted a letter to the Board outlining their proposals to correct the problems. Commissioner Lacy moved to set a Show Cause Hearing on June 21 at 10:00 A.M. , because probable cause for revocation of USR 1481 was proven at this meeting. The motion was seconded by Commissioner Johnson, and it carried unanimously. CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - LaROSE; AND SCHESSER: Commissioner Johnson moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Conrad and Alice LaRose; and Michael Schesser for violations of the Weld County Building Code Ordinance. Seconded by Commissioner Kennedy, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business. this meeting was adjourned at 9:50 A.M. y APPROVED: ATTEST: e��/�%� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder 4 and Clerk to the Bo d C.W. Kirby, Ch rman / BY- 1?1XapAoi � ,L) Deputy County erk quel e Jo on, Pro-Tem EXCUSED Gene R. Brantner Georg . 47 Gordyr( 6V' Minutes - May 24, 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, May 31, 1989 Tape #89-22 & 89-23 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of May 24, 1989 (Commissioner Brantner excused) CERTIFICATIONS OF HEARINGS: Hearing conducted on May 24, 1989: 1) Preliminary Hearing, Casa Grande/Enchanted Hills Local Improvement District (Commissioner Brantner excused) ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present pump - Road and Bridge Department 2) Approve oxygen, acetylene, and gases - Various Departments 3) Approve laundry bid - Various Departments 4) Approve mid-size copier - Print Shop BUSINESS: OLD: 1) Consider Contract with UPRR concerning installation of Automatic Crossing Signals with Gates on WCR 16 and authorize Chairman to sign (cont. from 5/17/89) NEW: 1) Consider Revisions to Weld County Dislocated Worker Program Plan and authorize Chairman to sign 2) Consider request for Pest Inspector to enter upon certain lands 3) Consider Dust Blowing Complaint on property in S1/2 S30, and N3/4 S31, T9N, R61W - Beryl Willits 4) Consider installation of traffic control devices on WCR 12 at WCR 5 PLANNING: I) Consider Probable Cause - Taggert; High Country Turf; and O.F.T., Inc. 2) Consider Resolution re: Building Code Violations - Greenwald; Heidel; Holmes; and Gonzales CONSENT AGENDA APPOINTMENTS: Jun 1 - Island Grove Park Advisory Board 3:30 PM Jun 5 - Work Session 10:00 AM Jun 5 - Fair Board 7:30 PM Jun 6 - Planning Commission 1 :30 PM Jun 7 - County Council 7:30 PM Jun 8 - Area Agency on Aging 9:00 AM Jun 9 - Community Corrections 12:00 NOON Jun 14 - BOARD MEETING CANCELLED HEARINGS: May 31 - Amendment to USR #726, Vacate Development Standard 1/4, Ralph Nix Produce, Incorporated 10:00 AM May 31 - Amendments to Weld County Zoning Ordinance 10:00 AM Jun 5 - Show Cause Hearing, Tatum (Cont. from 11/7/88) 9:00 AM Jun 21 - Special Review Permit, Home business (beauty salon) , Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mike Cervi, dba Roggen Disposal, Inc. 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM COMMUNICATIONS: 1) Town of Erie re: Annexation Petition 2) State Dept. of Highways Newsletter 1#89-20 3) State Dept. of Health re: Notices of authorization to apply domestic sewage sludge; and 1987 radiological surveillance activities at Fort St. Vrain 4) Nuclear Regulatory Commission re: Fort St. Vrain fire protection program plan 5) State Oil and Gas Conservation Commission re: Five-year oil and gas production forecasts 6) Documents re: Elliott, et al. vs. Board. et al. RESOLUTIONS: * 1) Approve installation of traffic control devices on Turner Boulevard at State Highway 119 * 2) Approve installation of traffic control devices on McAvoy Avenue at 37th Street * 3) Approve ZPAD #35-46 - National Hog Farms * 4) Set Show Cause Hearing to consider revocation of USR #481 - Cervi * 5) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 6) Approve declaring Leitz microscope as surplus * 7) Approve Oil and Gas Lease with Francis Energy, Inc., SW} S15, T8N, R60W * 8) Approve Oil and Gas Lease with Mile Hi Oil 6 Gas, Inc. , NE}, NE}NW} 512, T8N, R58W * 9) Approve Oil and Gas Lease with Union Pacific Resources Company, W}SW}, W}E}SW} S2, T7N, R63W * 10) Approve 3.2% Beer License for Metro Oil Co. , dba Vickers * 11) Approve 3.2% Beer License for C. Ray and Roberta Hinderliter, dba I-76 Motel & Cafe - Unit A * 12) Approve Tavern Liquor License for C. Ray and Roberta Hinderliter, dba I-76 Motel & Cafe - Unit B * 13) Declare Intent to Create Local Improvement District - Casa Grande/Enchanted Hills ORDINANCES: 1) First Reading of Ordinance Number 89—Q, Amendments to Weld County Zoning Ordinance (At 10:00 AM Hearing) * Signed at this meeting Wednesday, May 31, 1989 RESOLUTION RE: APPROVE INSTALLATION OF "NO PARKING" SIGNS ON TURNER BOULEVARD SOUTH OF STATE HIGHWAY 119 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, the Weld County Department of Engineering has recommended that parking be restricted along both sides of Turner Boulevard south of State Highway 119 , and WHEREAS, the Department of Engineering recommends that "No Parking" signs be placed on each side of said road, and WHEREAS, the Board, upon the recommendation of the Department of Engineering, has determined that said traffic devices are necessary for the protection of the general public. - NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Engineering be, and hereby is, directed to install "No Parking" signs as necessary on Turner Boulevard south of State Highway 119 for the safety of the general public, and that said signs must conform to the State manual and specifications. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. ‘71BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, /COLORADO Weld County erk and Recorder rie c-c-C and Clerk to the Board C.W. Ki y, Ciairman ) ` '.-ft_0Jque ne J son, Pro-Tem Deputy County erk EXCUSED APP . VED AS TO FORM: Gene t�R. Brantner ct- George K nne :746 g County t orney p Go o ac r /P / l.:' 890454 �a 57/1B9 70 : weld 0:00017 P,a/, of^ �aglyP`er,.ga R, E , Trac1ic eoh +voi .Devices 4 Rezc es4 bin '6Per\ 040de a C Wain f ettoace (ley; for 14e i„sf a//G�/oa at �rvc�';c co&.4 cl c evr ce, ( Ho Partth9J 0 Tl/✓rcr .51 c/ So SA of `.a . r $¢. f!w y /19 , A tli,$va l i S� ec r/ - on wQ mole a+ 44e s;fe . 7l'ere are Seveva / bus esse q (0„ 9 'rivrpr Yucti. wi+ h 4CCe.SSes eon ;Hy omits fbe Nod, La✓ye ve6,`c %S are ypoeAieg of "Ac Cvrh CaoS/✓9 Q b%S prowlileai Par UPh:c /PS Leo4 5 lAe hos; n esseS. 7 're are alveoli/ o.l f4e eOSf` Side a c �H Pr /1/0 �QrlLy�l q �$'�q6�S 1v c1, 4v f gone e oil 11 e. west 7AeSe Si yrs weve hyte are nit- ;1131o/%o/ af' Same i�S lu'f�� #ke �3 ��eo rPCo mFMo/C��ah ca�erreol loy CaGNfy o h I 0t -{G,S ckoor1 H,ev� ' - 40f W e. ejcijtinJ q Si3nS cot/Pred by ync/u7 am d cddi/;ar a/ St r s ea laced aN ',Cie ales/' side 04 Fite pact go pro/ec* feaue //el /10el c. e9// ev s1/ng and new St5ys fo meet " MuTCID refree rPa S. see 0 -Yen.Lel a"ayFo.r) z al-e> an c-e.. S,400ry SP fro/cr / 890454 Si. Hwy 119 N L 7-4400 .o , Bur k;N�E}�� /j Res�a uvos* p 0 evis+%NS / No M —ry par kilnJ Proposed D No 2'— 25 Inv, o, PGA16tn 4. s 0 Mctoaa/ds / --, a /. Mick Do ri J O ea,n MEMORAn®Unl 1119€ Clerk to the Board May 1 , 1989 7o rra Drew Scheltinga, County Engineer COLORADO From Agenda Items Subject Please place the following items on the Board's next agenda: Stop Sign on McAvoy Avenue at 37th Street "No Parking" Signs on Turner Boulevard Attached are support documents from Marc Street, Maintenance-Support Supervisor. DLS/mw:mai xc: Commissioner Lacy McAvoy Avenue 37th Street (Road 54) Turner Boulevard 890454 RESOLUTION RE: APPROVE INSTALLATION OF A "STOP" SIGN ON McAVOY AVENUE AT ITS INTERSECTION WITH 37TH STREET 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, the Weld County Engineering Department has recommended to the Board that, due to the high volume of traffic on 37th Street in unincorporated south Evans, a "Stop" sign be installed on McAvoy Avenue at its intersection with 37th Street, to insure safety to the traveling public, and WHEREAS, the Board has determined that said traffic device is necessary for the protection of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Engineering be, and hereby is, directed to install a "Stop" sign on McAvoy Avenue, at its intersection with 37th Street, for the safety of the general public, and that said sign must conform to the State manual and specifications. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. /, _ �L. • BOARD OF COUNTY COMMISSIONERS ATTEST: wLt ✓ C.n) WELD COUNTY, COLORADO Weld County C erk and Recorder /V�v4C/ and Clerk to the Board C.W. Kirby, Chairman i � que neis , PrOTem Deputy Coun lerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner George Kenne ounty A torney Gordzh hby /:- 890453 CCtt113 5//s/19 4 frO Weld OA) {y Aid of imrtoPr+`NJ R E- /7a,c,c &-Jro 1 , u, Crs '. rc5Qes-f Gras theefr‘ made Or eptrebtioncc f fhe iasia1iefftor` OF ^^ a +PcFF/c. 3t pp Or For Ole T�U0 ro C0r„iNQ 'lI / device. ( sfop s,yr.) ov, Y 5 C'oa�ro I scan., �'ua H s. owe° 37' st ;h art; r,corrporaJ/Qd /OCa/%ON .1 OT ` he [ waS UiSUQ � 1hS�C�iorn , Ave. area Made, Mc �1�uo/ �h '�L, house S 3 �/oc�s Sou��n or 37 St w, �rre�` O, fGre uJPs7`' side of /l e 5fr e,Gv Irks ,s snam7boin PO by Lc4/d Ooc'S/• &' 14O Alb s �� UO4144e of ±ra :C o� 714 sts. qq�+ f IA' s d arfm er y a a- YP C Owe w•et, � �' o.n o G� Ace, Co', �0e ikS/o/%d o1" Ark / YD.? st 3-r-r- 40 et^sur ,? 1i e scceTy of ale_ +rai,e jiN 5 pu6/iC• ( See a fac &ed ?Es,P Cif Ji 2costi �/J� c f Maim ,LSQnce St 0:01-1" J4?PrviSo✓' 690453 .. +o o ma/,'N14,11nea by L4rsorl Ave- _ `z E Ifrp el l"d EAU i- t �ya ( [� I r so 50 AO 12 IAI •s t f Q.z/ N N N r,. aa. 'cici Jo to P ; v 0) ma o Nli n ^ Z N N N Y M 6Z I'10 SG •• - .. y S Z o i2m o ,411ay .. 1 - .. 6•124. 5° • S w a CO T N ^' C N •••• tC co V S \11 A W N — N •• v W 1 17,1 •�. — a C'` o .ti. 0 ti 19 ei 111e So - /170iG,//t� ed1 6v . . Cl m li/ // C�. d01.Tr • Mc Avoy Ave le y r• / V 4 o O J. p. I 4. _ N N M a"tfttzN •F I ea P N 00 .O o Y r -‘• a U1 4 •• it 0. C ( 4 N Ni 3 tr q fl1Z So 1 .• .. .. .. .� .. .. SO Alley W ° % W \\ ° 17o So •' a 1 ``' to is to .. .. .. _W1 tT{ \\ w\ P V ~ »h r •. N c CO N P. tr. a W N 9 a N .• .•• n • + y•• •• v G //•1. 0 /f1 50 .. 1.tn I \ �a/hf4rnt d by /(/ T �°+ C/tT 1� of i1i0/15 Y Vallt Vic* Ave �z r. 44 • O Z _ . — _ _ _ I1 CO oO Y W ♦ M N lee • w • Alit ° 43 S , 41. .. .. .. .. So I r •' �o O t11 a W N — w 7 u v �_A• IV I •\ (P - • r ► .. .. a. I • No.%3 Short Ave o ix n • �r/- `o) • • 172.5 .. +� ° I .Y.. I u Qie •M l _ to f MEMORAnDUM Wilk Clerk to the Board May 1 , 1989 7o t• COLORADODrew Scheltinga, County Engineer From Agenda Items Subj.ct: Please place the following items on the Board's next agenda: Stop Sign on McAvoy Avenue at 37th Street "No Parking" Signs on Turner Boulevard Attached are support documents from Marc Street, Maintenance-Support Supervisor. DLS/mw:mai xc: Commissioner Lacy , 4icAvoy Avenue 37th Street (Road 54) Turner Boulevard • 890453 RESOLUTION RE: GRANT ACCESSORY DWELLING PERMITS NO. 35 THROUGH 46 - NATIONAL HOG FARMS 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, the Board of County Commissioners of Weld County, Colorado, on the 24th day of May, 1989, considered the request of National Hog Farms to place twelve dwellings on a parcel of land • to be used as accessories to a farm, and WHEREAS, said accessory dwellings are to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Part of the E} of Section 34, Township 5 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard the testimony finds that said request should be granted subject to the following conditions: 1) The applicant shall obtain building permits for the accessory dwellings; 2) A septic permit shall he obtained for each accessory dwelling prior to the issuance of building permits; 3) Flood Hazard Development Permit applications shall be submitted for the six accessory dwellings located in the floodplain. Building permits will not be issued until the Flood Hazard Development Permits have been approved; and 4) The accessory dwellings shall not be occupied until such time that the applicant has complied with the hereinabove mentioned conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of National Hog Farms to place twelve dwellings to be used as accessories to a farm on the hereinabove described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance be, and hereby is, granted subject to the above listed conditions. 890455 Page 2 RE: ZPAD 35-46 - NATIONAL BOG FARMS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989.‘filterattt BOARD OF COUNTY COMMISSIONERS ATTEST: WELD WELD COUNTY, COLORADO Weld County Clerk and Recorder � d and Clerk to the Board C.W. �Kirby, irman /N]/t.-n( (--;it-74-6t! actuel'1 a . o�'son, Pro-Tem eputy County .Lerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner -— George K ty At o ney (Go 890455 To: Board of County Commissioners Date: May 24, 1989 ZPAD-35 through 46 �,12" 7 Applicant: National Hog Farms :1 ) ;;,i- This request is for twelve (12) accessory dwellings. Legal Description of Parcel: Part of the E: of Section 34, T5N, R63W of the 6th P.M., Weld County. Colorado Location: West of Weld County Road 69 and northeast of Weld County Road 380. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. X Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. X Be adequately served by water and sewage disposal facilities. X Adversely affect the general health, safety, and welfare of the inhabitants of the area and the County. COMMENTS: National Hog Farms is applying for zoning permits to construct twelve accessory dwellings to be used by its twelve unit managers. Domestic water to the dwellings will be provided by two domestic wells, permitted to serve up to twelve single family dwellings and the irrigation of a maximum of 60,000 square feet of gardens and lawns. Sewage disposal is proposed as individual sewage disposal systems. Six of the dwellings are proposed to be located in the floodplain. Flood Hazard Development permits have been submitted for these dwellings. The applicant did not submit a petition with this application. Surrounding property owners have been notified of this proposal. No objections have been received from surrounding property owners. . 455 Board of County Commissioners ZPAD-35 through 46 Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant obtaining building permits for the accessory dwellings. 2. A septic permit shall be obtained for each accessory dwelling prior to the issuance of building permits. 3. Flood Hazard Development Permit applications shall be submitted for the six accessory dwellings located in the floodplain. Building permits will not be issued until the Flood Hazard Development Permits have been approved. 4. The accessory dwellings shall not be occupied until such time that the applicant has complied with Conditions 1, 2, and 3 above. CurrentJer Date 890455 N I 1 li l• VII. N. 1, ID • Idi je '• •r CAM - ;I S 1 e i I 4 r\ 0 I N I Iiiire- 0 I 1 4 ' ' I 1 �� ( N �• Y • • I \p n q t • • 'C ..r tl ,, psi•!1 II I ___„...)__ Q..„ .„..,..., I .. ,. , ,. • i_ by • } rcI. • G It C.. 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C _Fu•r r�• /•r . • .•••:• ~' N 4T 1.M ��ns f COO\\ V N(7:V Gk • P° • Itr \ 23 \ .s° �� ;. p ; .'1 26°�'. e° :. 'v2E \ \ )� as32.' /�IJ Q o 1•_ S,r '4539 - vNr p�- W. omegA� N° - Oc e? Dr ,-_ S5p J �: �_ IA X33 C/4 �~ 34 ( 3,,, . au•�. s • �1 og * VVV ® 6;27 , 1 !� .R 8 6 �r ,/ tV 5`�e �_ t I %r b • Ranch TT . .;,� vencYR 1,11\ o r 6521> `�e "A °\� - d' • J. �SJD 2 �� \ \ L Y ve4J 'on. 4bc ° v L, / , �aSa3 ry �--- - .I\a 4C 4514 3 1/41\/� • / i vet 4Y � ' • em ` 1.1 • ws°J 2 . C �— 1 '-'1 ° ••x, — --,•. 7,-..,;::: .\ 7.......-.^•••••"-..o.:-....'" ry.. - .\.. M 'Y r ,�W y. Y�rF ', ). • `� .99 r - • - '^ l46 .ryY�+ s �l ; E a h ` trM � „ . -'s1 Mn da\ r \ s., •.,., • 1. ;ZNy. >�, •L ♦ ,,,[[{ .r • n ^A./ (r'r• 7 P �•yy��`[� _• `1 ► a\ t tom• + YTia 'l;NC }.� E Mr S ♦-pv .:i '1 SO • eak "% 't* ' S ♦ ^ st.;. 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Q �, e.,. •!;yl yJ� \.". }, i ce* .1,13\ / - yµ�Y7t �y _`3 M.,a.'� dry„ �1 \ ,{y, . h , t ... !r • t.' .k. `rk, '�.14. t*�y '� alt. b ::•434, 1 AYti `v�R+-� �r�{ 1• ` 9 lti ' ` �y r t - .• .l sai ' sr S kL y�Y F'4 •. • 'N�7 " 'Y7 'tS •q�i.� a /i,i9/2" � r.F.r(} :"• ♦� u, • ni �1` E /fit?? y �I.^'r 1•`!-r'v 'I • ti Vey `. ^t �v• 'r: lM ^ a .L F V 1i, ! n �r@� Y+^'" ,rRJ:,.+.r r•,r • J.( r..l• 1[ ,yn w• r4. ♦ + y r a ...� `err I yrx.,� ... * t y.•`t�►. M- �,..�• t ♦ k' !f` .,t• r >b `'rte" 'k7. fiwt a we 11/4".25," . . '''.4%.. ll'ti d k13t.� <r• -fir^ • • 1• Ak+o.';',� . '!• ? r 1 a .Y Y Aky R`A ~'�``� . \{]!j.M ,•aZ a�J1r' i �'�y° {•4 • y,ar -A:C,y V YJ R'�Yi Y F l.} 1�7.j \ �� ) \... -^)tiy�if : ,...ves,c,:i5e. - or...44' -• •, 1 -IC "SCE-y.1-.11";;"4.4,-..0777-.0...72,'`.• � -Se" 'R. .4 +. +. Y710.w 0•••.,..- ./ • `r! • , :1.. v FIELD CHECK FILING NUMBER: ZPAD-35-46 DATE OF INSPECTION: May 15, 1989 NAME: National Hog Farms, Inc. REQUEST: Twelve accessory dwellings LEGAL DESCRIPTION: Part of Section 34, T5N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 69 and northeast of Weld County Road 380 LAND USE: N Agricultural production E Weld County Road 69, pasture, 2 residences S River bottom', pasture land W River bottom ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The site has been in corn crops and is flat. Access to the site is from Weld County Road 69, which is now a gravel road, but is expected to be paved. The new access road to the houses has not been built. The offices, mill, and hog units will be located north and east of the accessory dwellings. $y nell J. C •J. ry Current PlarhtIr 890455 WELD COUNTY DEPARTMENT OF PLANNING SERVICES ZONING PERMIT 915 10th Street ACCESSORY DWELLING Greeley. Colorado 80631 Phone 356-4000 Ext. 400 IMPORTANT - Complete all items. Mark boxes where applicable. OWNER PHONE NATIONAL HOC FARMS. INC. (303)353-9960 ADDRESS 25000 WCR 69 CITY - STATE - ZIP LOT 'BLOCK SUBDIVISION KERSEY CO 80644 , LEGAL DESCRIPTION Employee Housing Section 34 . 1 5 N, R_ 63 W. Total Acreage18.11R TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY i El Public or private company: 9 Public or private company: f g Septic Tank - Permit N See nrrarhed fl Individual (well . cistern) I Well permit # 03506 -F 035063-F Copy Attached: Yes Q No Q. Copy Attached? 4sO1 No C1 I Type of Farming Operation on property: Hog Production Facility Number of Livestock 170,000 — Average Number per year 300.000 Acres Irrigated 1,442 Acres Dryland 16,664 Acres Pasture Number of employees now employed: 4 Full Time: 4 Part Time: • SIGNATURE OF APPLICATT1 - APPLIaCATI0N 1D989 William J. 0' e, General Manager 5 9 DEPARTMENT OF PLANNING SE ICES USE ONLY ZONING DISTRICT ZONING PERMIT NUMBER APPLICATION FEE PAID RECEIPT NUMBER DATE APPROVED BY: ❑ Staff 9 Board of County Commissioners Hearing Date: ISSUED BY: DATE I ' BUILDING PERMITS ARE REQUIRED FOR ALL ACCESSORY DWELLINGS IN ADDITION TO THE ZONING PERMIT FOR ACCESSORY DWELLINGS. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INSPECTION DIVISION. ROOM 342. CENTENNIAL CENTER, 915 10th STREET, GREELEY, COLORADO, AFTER APPROVAL OF THE ZONING PERMIT FOR AN ACCESSORY DWELLING. 890455 NATIONAL HOG FARMS, INC. Zoning Permit, Accessory Dwelling TYPE OF SEWAGE DISPOSAL: Individual septic tanks and leach field for each house. Applications will be made as construction necessitates . They will be permitted in accordance with Weld County requirements . 890455 `4 NATIONAL HOG FARMS, INC. 25000 WELD COUNTY ROAD 69• KERSEY,COLORADO 60644 • 303-353-9960 May 5, 1989 DEPARTMENT OF PLANNING SERVICES Mr. Chuck Conliff 915 10th Street Greeley, CO 80631 RE: Zoning Permit Accessory Dwelling National Hog Farms, Inc. Dear Mr. Conliff, The National Hog Farms, Inc. Swine Feeding Operation ( "Facility" ) is located in Weld County, Colorado, approximately twenty-five miles northeast of Greeley. The facility is located on approximately 23,000 acres (including 5,400 acres leased from the State of Colorado) on what is known as the 70 Ranch and Big Foot Ranch. The facility will ultimately consist of twelve (12) identical operational units. Each unit consists of various buildings and appurtanances for breeding, farrowing, and growing the hogs. A feed mill will be constructed for the facility with approximately 3 million bushels of corn contracted per year. National Hog Farms, Inc. expects • to employee approximately 175 people. Unit 1 is currently under construction, with an anticipated startup date of May 15, 1989, although some animals may arrive earlier. Full operation of the facility will be achieved in approximately two years. A unit will include seven buildings connected by hallways which will be used for breeding and farrowing. This farrowing section will house 1,200 breeding stock. Ten other buildings will be used for the growing-finishing process. . There will be approximately 9,600 hogs in the finishing barns. It will take about 5 1/2 months from the time a hog is born until it is ready for market. By 1991, the facility will be sending 6,000 hogs to market each week. Each unit will be assigned a Manager. The Unit Managers will be living in a home on the premise, as described in the application. It is important to our operation that these managers live within close proxcimity and have easy access to their individual units in case of power outage, snow emergency, or other important day to day operational needs. 890455 National Hog Farms, Inc. Page 2 It is not our intent to subdivide these homes. We testify that these homes will remain the property of National Hog Farms, Inc. , and the only way the homes would be sold is as a part of National Hog Farms, Inc. hog operation. Therefore, we would appreciate your immediate approval of our application for a zoning permit. Sincerely, National Hog Farms, Inc. 7:(3.1r/MCiaJ. O'Hare Gene1 Manager • 890455 ,�,1J `�/U' Ali, `\\:... ) " (30o w d S\ 0 / : • ) 1 ... , .. ( :, 1 0 ° IC: :} 11\11(\i f... ster?" • '• 0 it!, ' �Q I o o CSC 'Y� To� :,,, ..7 . . <;;) -- • — „ .15 er S\ % 1:t. 0 l'r‘lki9:1 I \r\c \\-)v t., '.--v \\.1)\.\,..: 64311 ° •�CSc) I / , "� l t ' i. r `AC' • .(-/i i 1 .iti •- o Q A.. � @ ism �� -�- •� 6 (� �'] 1 • (x.13 \5 e , I�.� 11. i \ J ,x,,11 0 ° L 1 . / / 791,,ip-- . ?)-.. .b . :. alivt2.7 __ -0 . ' )) e 11; 1 1. ^\9 e l \C—Nk �L.( 4 —� 1 r1• «off.3 .t•;0 . "'".”---\,..' ' \ U ',SAL' e1 ...0) U ' V '. �%`.i—� tiro ♦, . ,v0 0 V ; O p, 1, \ • n t • \',{ \ ``�• t . : \• 1. . .. 1 e f • I`/ .. `°bj t1�.•, , t A N/ ` "•' '��r.� a \ q ... F : of 1 J QJ Ka w o SY l.P•�• )p h-.", �. . I ''...• \t7 ♦ Lv� Q. •a wy] "'��»1`Y(1 j• •t .vsastot JIA, Is a ,„‘ Q cio 1 rti 1 — 1 539 . Q 0 •'.,W. dmlll ` . V _ 1 inh ‘ s, • 1 I of .the•a�icep o£ National og F, 46 •o Q I s n 'a�6; c • 'L • x• 4 0• 't ;1 Iola. (NHFr Inc) 'to= . ..ivide theses ones. , .ss°* . an�IZ � ...., ;i• �• _°.�W' • '.' (�� ga (N ,Inc) testi£� � t these ,�mes \rr �.Q . , 1411 remain the prope ) of Nati• o N ,, '; C1 A� g Farms, Inc., and h: _ _,wr i _r O ✓ D• b tAl only way the h ... s••••v • O ; ` • I's' 1 sold is as Empai• ,; a I • D �o t • Nationaa� ° •He y,lac, hog ape 'on'e II c,Mu t y �i• �1 1 so t c9 0 �� u Hardin.:3M ,\ B I5xx •.. .•` i ..• • • � I h V 19 O I , ` I !• \ y .k . .y ZII It V �r� 3arantr Ranch^I %'�,'•.y 74 l�� \i e'er Il\\�� E' I � .�`lCt ,' • •QY„y W•11 •.y.•• I 1jt. .s005. .c\ •2 89ti 1 .e.• Sl1 **NOTE** It is not the intent of National Hog Farms, Inc. (N F,Inc.) to subdivide these homes. We (NHF,Inc.) testify that these homes will remain the property of National Hog Farms, Inc. , and the only way the homes would be sold is as a part of National Hog Farms, Inc. hog operation. C • t. 0 Ai ..5,G 0 .0 •G o3 tu • i- 2 q oo» C= 6/.05' M tiA CV .>yj R: /20.00' I ' Go, d= 29°09'00» If ch, S.75'25 30 E. I . I 41 60.40' I - ill .4a; 4./ Al. ai 90'0000 E. 442.00' 00 I , �' o $.5 Izlu° c p tes ire 4,. ikiik., o �+ es. 0 nc O ; 'I CC:, �? oa I p tie �- b � � ms's- o e to O0�i Ca ciI t CZ k. tcs.oess 4,-b p• oo»* o» s, .5:86.09'001g 7//.00' I 8 II II • 1X c *ale, /-cZ00' to H . 890455 MC RAE 6• SHORT§ INC. NO/%OnQ/ Farr"- Emp/ogee '•4/20/99 1231 *O, AVENUE mean, COLORADO 00071 Housing Unit-E* sec.34, PROJ[Ct Ra 2 2 T.b°hah, 350-7101 T.5N.,R.63GY,GEE/dCam4y,Co%o. /53-B8/ ..:... , FCAI fFSCRIPTIOM A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 34, TOWNSHIP 5 NORTH. RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND CONSIDERING THE EAST LINE OF SAID EAST HALF TO BEAR SOUTH 00'00'36' EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE SOUTH 00'00'36' EAST, 36.00 FEET, THENCE SOUTH 86'09'00' WEST, 711 .00 FEET, THENCE NORTH 63'01 '00' WEST, 339.00 FEET, THENCE SOUTH 86'35'00' WEST, 86.00 FEET, THENCE NORTH'29'35'00' WEST, 52.00 FEET, THENCE NORTH 72'23'00' WEST, 112.00 FEET; THENCE NORTH 79'25'00' WEST, 99.00 FEET, THENCE NORTH 00'00'00' EAST, 318.00 FEET, THENCE NORTH 28'47'00' WEST , 80.00 FEES, THENCE NORTH 29'09'00' EAST, 345.87 FEET, THENCE SOUTH 60'51 '00" EAST, 797.60 FEET; THENCE 61 .05 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 120.00 FEET, CENTRAL ANGLE IS 29'09'00' AND WHOSE CHORD BEARS SOUTH 75'25'30" EAST, 60.40 FEET, THENCE NORTH 90'00'00' EAST, 442.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 34, THENCE SOUTH 00'00'36' EAST, 448.72 FEET TO THE POINT OF BEGINNING; • SAID TRACT OF LAND CONTAINS 18. 128 ACRES, MORE OR LESS. ANO IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. SURVEYOR'S CERTIFICATF I HEREBY CERTIFY THAT THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED UNDER MY PERSO L SUPERVISION ON APRIL 20, 1989. e. _ i Dj771/e ttltruni til, �Gt7AE, �/! G/f� eta°�Q0�E8!s14 GERALD 8. MCRAE, PROFESSIONAL ENGINEER AND O�p LAND SURVEYOR, COLORADO REG. NO. 6616 p4'' B'M oIV **NOTE** � O 6616 1 It is not the intent of National Hog Farms, Inc. (NHF,Inc) o subdivide these homes. We (N}IF,Inc.) testify that these homes will remain the property of National Hog Farms, Inc. , may and the only way the homes will be sold is as a part of �uarmNupiur National Hog Farms, Inc: hog operation. 890455 MC RAE a• SHORT, INC. Notional Forms- Employee .-41:o/B9 T _ 1231 am AVV U! aneetlr, COLORADO eoes; Housing Unit-E7z See. 34, PROJ*CT Tomfmn.i 336-7W T.5N,R.631f/.,LLi°/d Coun/y,Co%, /53-881 ram •....•\V iLi... r • It.i.s not. the intent of National, Hog Farms, Inc. , ( ,Inc.) to subdiv• the 'homes. We (Ni ',Inc.) testify that these homes will remain the property of Nati g Farms, Inc., and the only way the homes will be sold is as a part of National Hog F , Inc. hog operation. •v.Ie•is'C i• ••?...Y •'LO iec /60 ! F- 29p. . r N, . ~ � N i M / ro � ® 2mo� �� zoo '_-�_ �`4Eilia .' e t _ ip 17.5" • • N .Z.Z/ - y /v c' ' vt• • r 0� . �' god ieo ' /3S /70 'So Z o ;;.,•; "CI • I • / ♦ V N h •• nt CS 9 _ OW ,.` r.O I •. O �/� , • ` . /90 O /�` .• _ - /40 •• I s ‘.4 �w /45 O ,a-o O/,..A F. • f `1 2 9• 51L li .‘•• 11^ IL '~a yam( N; � •- "' Is 4 • PC' ' CS � i .: 1 - '" . i` • /SO '/So /5V ••••"•••,>4 .^trj SBI04' Jde \ r V4 (� <a . .4 ♦w Y' ' i ' # J ( , i ,,, 1 r• . SI ACC .! ,:`;':.:1.1'411.1."?(,,.-.41'f';1. ;4 wgI.c.7, COLORADO DIVISION Or WATEH RE$QVRCES '.' 300 Columbine 81da., 1543 Shuman Se., Dearer, Colorado 00203 IO . PERMIT APPLICATION FORM Applutot.on muu b.. tnrV�plptp *hoot ( )t)A PERMIT TO USE GROUND WATER opo�.caoa•. Tvct• ( x)A PERMIT TO CONSTRUCT A WELL 04-26-8? t,.0• Imolt NK. " `t'^.C FOR: ( x)A PERMIT TO INSTALL A PUMP 4 P opNo ovOS ur�4es FK L ,^89, Or erofW.f unbaRr�f\2 V W7 initialed. P.00.r f.. ( ) REPLACEMENT FOR NO. 2 9 60.00 must be submitted 032472 120{.470 With the cooheot,on,MI= ( )OTHER BI.iY,nrin f•fl.�n - -, (1) APPLICANT .mailing address I FOR OFFICE USE ONLY! 00 NOT WRITE IVEtrSCOLU6M_i c� :147, 0,0 NAM __ rational Hog Farms, Inc. ReceiptNo.ggV'l2. P / •'h E s L' -1 YA?572 STREET 25000 Weld County Road 69 0ee;n Dist. CITY Kersey, Colorado 80644 (Stalin {Zia) CONKITIONS OF APPROVAL TELEpwONE NC, (303) 353-9960 This well shall be used in such a way as to cause no materiel injury to existing water rights. The (2) ;CCATION OF PROPOSED WELL issuance of the permit does not assure the Applicant that no injury will occur to another vested water Weld right or preclude another owner of a vested water County_ right from seeking relief in a civil court action. SE Y, of the NE G,Section 34 1) APPROVED PURSUANT TO SECTION 37-90-137(2), Two.--1--- N , Rita. 63 w . __6th_ __p.M. C.R.S. AND TBB Tt' 'ORAAY sUBSTITUTE WADE SUPPLY PLAN APPROVED BY T$5 STATE ENGINEER ON - APRIL 28 1389. TEE PLAN IS CURRENTLY VALID (3) WATER USE AND WELL DATA T1RoXE OCTOBER 31 1989 AND IF IT IS NOT EXTENDED OR ILA PAN FOR AUGIENTATION IS NOT APPROVED BY tS WATER COURT TES PERMIT STALLBE NULL AND VOID AND ALL USE OF THE WELL MUST Proposed son'mum pumping me(gpml 13 CEASE. 2) TRB MAXTMO!'( PUMPING RATS OF THE WELL SHALL Average annual amount of around voter 4.5 NOT EXCEED 15 G.P.M. to be agorae/laced (acre•feet): 3iTIEMMAAL AMOUNT OF GR04ND WATER TO HS w�+�Yhv tt��ttz+tn�uu BY 1�S WELL SHALL NOT EXCEED 4.5 Number of acres to oa br':geted: Approx. 1.4 (laves) A t7s`ET. 4 TEE USE OP GROUND WATER_FROM THIS WELL AND Proposed total depth (feat): 75 LL PERMIT NO. a pt F- IS LIMIT= TO ORDINARY HOUSE80 trrlS5 uY TO 12 SINGLE FAMILY DWELLINGS AND IZUIGATION OF A MAXLt'fPM OF Aquifer ground water Is to be obtained from: 60.000 SQUARE PEST OF GARDENS AND LAWNS. Alluvium of South Platte River5)A TOTALIZING FLOW METER MOST BE INSTALLED ON WELL AND MAINTAINED IN GOOD WOMLING ORDER. PERMANENT RECORDS OF ALL DIVERSIONS MUST BE Owner's well designation RES-2 MA BY TEE WELL OWNER tRBCORDED AT LEAST MELT SUBMI'TED TO TBE DIVISION ENGINEER {+ROUND WATER TO BE USED FOR UPON VEST. 6LTBE OWNER SHALL MARX TEE WELL IN A CONSPICU— ( I WOL'SEWOLO USE ONLY.no irrigation(0) v0uu55 PLACE WITH APPROPRIATE WELL PEWIT NLM BER fx ) DOMESTIC (1) ( ) INDUSTRIAL(5) COURT CASE NUMBER AND RAKE OF TEE AQUIFFB. a ( ) LIVESTOCK (2) (x) IRRIGATION I6) SHALL TABS NECESSARY MEANS AND PRECAUTIONS TO ( ) COMMERCIAL (a) ( )MUNICIPAL(8) PRESERVE THESE MARKINGS. Peg S.Z- Vt ( ) OTHER (9) APPLICATION APPROVED / r� I.D. l _ W.D. Or COUNTY K72G (4) DRILLER PERMIT NUMs6rt 035062 - r • Name Canfield Drilling Co. DATE ISSUED MAY 02. 1989 Name n�7. Street 111 West Street EXAIR I DATE MA AY +'� 1�JV' City FortmyCo1orndo 80701 • al. /`v{}` r 890455 (.talet (.60 (S NCl EERI Telephone No. (303)867-2943 Li 765 c.No. p1 (�(�c)n.a, nn av ;ttlo 1 ‘11kCtMr\� d35 o6z_F (5) THE LOCATIQN OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATE° BELOV • when the watr w9I be 0100 must 00 rnnientad on ma diagram below. by distances from section Imasa Use the CENTSA SECTION (t section. 640 acres)for the well location, 2°30 ft. tram Forth see.line • + — — 7 -i- -- •.{r — + . -r -- -r -- + (noon Of WIWI) 525 .. '1"r "•-EAtr' a at,line I a-,anLE,B2ap reel----r I �'"f�" loan Cif»..O } .L + -i- t T t LOT BLOCK FILING r I i l I SUBDIVISION y.w- -'• 4 4. I I NORTH SECTION LINE y r. I (7) TRACT ON WHty�l WELL WSL et i I 1 1 NORTH, LOCATED W + I _. T 1 i NO,of. 18.1 • Will this Ps T it A ere: xLxl I IN I NO o I I I X I'" ' the only well On this Met? n - ei- t u i �0 1 (8) PROPOSED CASING PROGRAM rI f ; I I l�latacasing N Y- �Z - - I ._ _ T 4 .- 5 in,from o ft to S5 ft. ( I I in,from ft.to....‘—...ft.I I — •„— _ - Perforated casing SOUYV IdC.10N ON 5 I I I S in.from SS ft.so 7S ft 1 I I I I T T 4 - T in.from f3,to h, Y I I I ( I (9) g)R REPLACEMENT W_ELL$&vedistenee •• and dlreaSiOflfm Old Well and plans for plugging — 1 N/A • • .^ The scale vents ewe. is 2 inches- 7 mile, .. • ' Each small IOWra represents 40 area. WATER ECUIVALUNTSTABLE (Rounded Fpurn) • • An aer.deet covers t ten Of land I loot de.0 I cubic foot par,.meat(also ...Yg 0allors par Mme,Iepm) A lamtIy Of 5 will Moira soroaimotsly 1 acts.f001 0t WSW PST yof. I .cr..foot....Oldie cebia Net...325.900 gallon.. 5,000 von.pumped continuously for one car Oroduar 4,42'a0H'faet• J (10) (,AND ON WHICH GRQUNQrWATEP WILL.$ ,-USED• ()yowls): National Parts, Ine. No.of acres: Lagaldetcriotiontk' 18.1 acre parcel of land located in the SE 1/4. Nth. Section 35, T.SN. , 1.63W. (11) trial' ED DJSCRIP(JON of the lag of unwind watsn Hortensa uw end doln.stc revs man indium typo of dispoe& system . ,ro a WAS,.Winer' will' be used for all'in domestic uses. irrigation of residential lawns, and other miscellaneous outside uses pertinent to 12 single-family homes. Waste- water from domestic use vi11 be treated using conventional non-evaporative septic tank/ leach field disposal systems. •• (12) f1THPE WATFR RJGIJ—TS used on this land, Includlrlc walla. Type of right U.ed for low00 s) Lpet Dncrlption Of fond on which vied Non1.1 r~7.r f (13) THE APPLiCANT(S) STATES) THAT THE INFORMATION SET FORTH HEREON IS 8 . • TRUE TO THE BEST OF HIS OWLEDGE. 0455 G T 12 MS ly,c. SIGNATURE Of APPLICANT 1 wc 513 COLORADO OIVSSSON OF WATER RESOURCES 300 C•ts.-L:... 0Id0., 1045 Vienne! S^• one... Cleated. 00203 w PERMIT APPLICATION FORM ---------- ----- Aoo4ea.:on _ , , ( x)A PERMIT TO USE GROUND WATER S. complete X1 A PERMIT TO CONSTRUCT A WELL ODOIIGOOl+. T Print n BLAUL 2 6 1y�9 FOR: { x)A PERMIT TO INSTALL A PUMP INK, Na o•aarc or •reeves unla" ( ) REPLACEMENT fOR NO. Initialed, PI& �• "wit Or with the sub aoolK. Stld► i )OTHER (7) APPLICANT •mailing address FOR OFFICE USE ONLY: 00 NOT WRITE tN THIS COLUMN Natieoal HOorma, Ice. Receipt NS. ¶.. I NINE S F O:st. STREET 25OOO Wald County Road 69 eosin —�--•• , Kersey Co.oredo 80644 cg tD)T)O t AQP OVAL CITY (phial (z o) • TELEPHONE N0. C303) 353-9960 „o�Me otia injury all be used In such a way as to C2uta to existing water rights. T e issuance of the permit does not assure the applicant ($) t7CAT1 N F P P that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief In s civil court action. SE NB y.S•etion 34 1 APPROpgp 'IT U6NT TO SSCSION 31-90—:37(2), X of tn• C.R.S. AND THE TEMPO SS183T.'TOTE two.j,-- 14_,Rm. 63 W . 6_,�.P.M. gg EITy PLAN VED SppYYTELAN S ETA' ENGYNEER O I L 22 1989.tOU(tH t CTOSSt 3ma19Sg AND IF IT IS NOT ALID I (3) WATERS ND WELL_QATA :48 OR 1F A t K FOR , TET MCI IS HOT •: 'n SY TBE WATER COURT, MCI SHALL IIII NULL AND VOID MD ALL USE OF THE WELL MUST Proodsed maximum pumping rote Igoml is czAsE. INAYZ>tlQtl PtIdPIJ7G RATE OF TEE WELL SHALL UR 115 O.Pp.M. TO Average rnnud amount -f ground watts -L- sDaeiIAizeTTRU 87� Tung urn DWELL GROUND N�HXCSBE 4.5 to b. er al a �at.d tberedletl: Numxr of acres to to trr.gotrd: Ayprox. 1.4 C intatt6) 4 xID USi OF OROUNp WATER FROM THIS WSLI. AND N0. IS LIMITED TO 73 ORD ART BOISSJR TO 12 SINGLE ProposM total death Ifeetl',. FAMILY MUD= AND IRRIGATION OF A MAXIMUM OF Aquifer ground water.s to be obtained from: 60.000 SQUARE FEET OF GAR MUST DENS D LAWNS. ON 5)_A TOTALIZING FLOW IR MUST 22 INSTALLED LLED Alluviit of South Placte River TEE PR:FetNE AND 010$ OINAD �gCORDS OF ALI DIVERSIONS MUST BE RES-1 MA t 8Y Tl� W;,LL 0 ((I�CORDED AT LEAST Owner's wall designation ,p AND SilHMlt�t$D TO T88 DIVISION ENGXkASR g,BN T K R: WON) • OWNER SI= MARS THE Win:. IN A CONSPICU- ( )HOUSEHOLD USS ONLY•no irrigation(C) OUS PLAL'S KITE APP�f'B1ATS WELL MMIT NSPI3 ( ) INDUSTRIAL IS) COURT CASE MICR AND HATS' OF TTHEBCAQUIF QUIFER. TO ix ) DOMESTIC(3) sit ) IRRIGATION(61 SHALL TAK1 S) VE E NECSMARKINGS. Iry -r• c- fl ( 1 LIVESTOCK (2) { ) MUNICIPAL(411 ( 1 C'OMMt Ht:1Ab Oat OTHER l9i( ) APPt (•ATION APPROVED • to. _._L-- W.D. C—LI-- COUNTY ,�--- 035063-F_ (Q) I?R1LLE)Z PERMIT NUMBER N� �� Street Nam. Canfield Dril3in$ Co. PATEtSSUED— EXPIRA O GATE saJ —�— •. 111 Rest Street ( • O. '` 8455 CIw Fors Hor one Colorado 80727„ • N ) - , (303)867-2943 Lto,No. 765�� O35063— F' (5) THE LOCATION OF TM6 PROPOSED WELL and the area on (6)THE WELL MUST_BE LOCATED BELOW• • which the %ate• will 0e uteri mutt 0e Inoicateo on Ulu diagram Utlow. by distances from fettlon fines. i We the CENTER SECTION (1 sectIon, 640 acres)for the well location. North 1930 ft, fromsee.fine • warn or worn) i fear ... 1 MILS,S2I10 Fict. --tea ` 1060 h.bon., Easie' 0'.,a,r) set,line Inn.T —' t 1 -4.• LOT BLOCK FILING i I I I SUBDIVISION - .'' 1 — — • NORTH SfcTION IONS — + — T I + (7) A N WHI IELSJ,BE, I I I I I LOCATED NORTH z_ _ _ T - _M + + No.of acres 18.1 _ • Wtlt this b • X •+ t I I ' ' the only well on thit t,1c1 No • i in _ W -r (8) PROPOSED CASING PROGRAM N I ..I l I I pta+n Gating N _ _ z T T — — + I' 5 in,from 0 h.TO ft. I I in.from ft.to ft T — -I- - I I I . i. .- i Pevoteted e$II%9 U M I N LIN t I I 75 I S In.from 5 tt.to _ ft. '1' i 1 1 t T 4 r -- In•from tt to ft 1 •I I I I (9) FOR REPLACEMENT WELL$olveCIcanw I end direction from oid well and pions for Piuppin2 t — — -- — 4 4.• r: a— .— it r N/A " The stale of the diagram is 2;news• I mile • Each small square represents 40 acres. • , WATER 6OUIVALENTa TAILi (Rasta Fiouns) . . ----- — - An.an•foot ean',1 art 04 Ira 1 400,40•0 1 tunic toot per temnd left,...Sall 01110,4 par minim rapm) A testily at S will..quire•ppre enevely 1 earrfoot e/writ Dar vat. 1 ere-toot...43.060 Wait ter.,.026.9o0 s.lio,t 1,000 dam aus'Oad a:omeg :Nay for one day produce AC aeMING (10) IUD ON WHICH_Gl - Owneris): National Fa::ms, Inc. No.of acres: • Leaaldeice:Odon:A 18.1 acre parcel of land located in the STA, Net, Section 35, T.5N., R.63W. (11) OFTAILED,pFSCR(PTI.ON. of the ua.d} ground.wohr. Household use and 6imestit wells mat Indian type of disposal ayatem 1° °a as Water will be usta for'all in-house domestic uses, irrigation of residential lawns, and other miscellaneous outaide'uses pertinent to 12 single-family homes. Waste- ••vater frea domestic Utia'will 'be treate3 ruing conventional non-evaporative septic tank/ leach field disposal systems. -••.. •- . (12) OTHFR WATFR RIGHT used on this tone, rdud.q .alit. Type of .'ckt tAed for tan°ose) Legal Demotion el load on wnkh sad Wane '+n-'.f': (13) THE APPLICANT CS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OFF HIS,NOWLEDGE. 41 to.i..... F g Ahrn.p j (•c.•. --cc; 1-42 LS t1 C SIONATURE OP AML ICAOW IS1 f QQ • 89®455 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #ZPAD-35 through 46 for National Hog Farms, Incorporated, in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 9th day of May, 1989. /J M l� 7 �/2 TO: SURROUNDING PROPERTY OWNERS The Weld County Board of County Commissioners will hold a public hearing on Wednesday May 24, 1989, at 9:CO a.m. in the County Commissioners' Bearing Room, first floor. Weld County Centennial Center, 915 10th Street, Greeley, Colorado. concerning the request of: CASE NUMBER: ZPAD-35 through 46 APPLICANT: National Hog Farms, Inc. REQUEST: Twelve zoning permits to be used as accessory dwellings. LEGAL: Part of Section 34, TSN, R63W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 69 and northeast of Weld County Road 380. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 890455 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property National Hog Farms, Inc. Employee Housing _ STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. e--a-j.0The foregoing instrument was subscribed and worn to before me this day 9 frt,2, , 19,1e by .://2 WITNESS my hand and official seal . . My Commission expires: My Commission expires May 27, 1992 ec7_,1 71.wee—e-n-d • Notary Public • 890455 NATIONAL HOu FARMS, INC. Prepared April 21, 1989 Page 1 NAMES CF CWNNERS CF PROPERTY WITHIN 300 FEET NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND IIP CODE IDENTIFICATION e State of Colorado 96326000001 96336''. °,,,• 967'", I 967' 96710 +••7 9671' 96713000234 96716+ ",°'•1 96728200001 96732100003 104906000001 • 96734000003 104904000001 104903000003 104908000003 104916000001 103116000001 USA %722000003 . 96727000003 Travelers Insurance Company (Farrs) P 0 Box 17480 - 103103000018 Denver, CO 80217 103102000001 103103000019 103102000002 126102800009 10'.,1@2000007 Travelers Insurance Company (Double R) p 0 Box 17480 103103000008 Denver, CO 80217 105114008001 103114000002 103113000004 105102000004 105102000008 Wells Ranch 32010 WCR 63 96514000001 Gill, CO 80624 96512000009 96511000002 %707000002 9651500000496703000006 pp� 96709000002 890455 96708000003 NATIONAL HOG FARMS, INC. Prepared Apr:: 21, 1989 Page 2 NAMES CF SILVERS CF PROPERTY WITHIN 20 FEET NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 Hergenreder, Carl Lee and Katherine M Rt 1 Box 82 96533000807 Kersey, CO 80644 Walter, R Wayne and Paul W % Loveland Realty, 745 Loveland Ave. 79734000004 Loveland, CO 80637 79734000005 Bijoy Headgate Kersey, CO 80644 10511 7 Bijoy Irrigation Company Denver, CO 80202 1051132020008 Cervi, Mike P 0 Box 169 105113000006 Sterling, CO 80751 106124000004 106123000003 Loloff, Edward 145 — 3rd Street 105112000012 Kersey, 03 88644 Huck, Dae G. % James Harlan,16712 E 8th Ave 96528000015 Aurora, CO 80011 Mondt, Frank and Helen E Rt 1 Box 330 043 96628000014 Kersey, CO 80644 96534000020 96334008021 Peterson, Richard L 31014 WCR 388 96521000002 Kersey, CO 80644 Epler, John The Living Trust of 408 W Cannon Street 96634001015 Lafayette, CO 80026 K-4 Land Company 41457 WCR 44 96727000006 Orchard, CO 80649 96727000004 104909000002 Riverside Irrigation Dist Ft. Morgan, C0 80701 104903000004 Eagles Nest Gun Club, Inc. % John Seuell 5464 E Caley Ave 104917000012 A Colorado Corporation Littleton, CO 80121 104918000014 Equus Farms, Inc. 555 17th St Suite 2400 104917000011 Denver, Co 80202 104916+'• +'^ Park, James W and Donna L 32730 WCR 50 105103800010 Kersey,CO 80644 105104000011 890455 NATIONAL HOG FARMS, INC. Prepared April 21, :989 Page 3 NAMES OF C'2ERS CF PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY, ASSESSCR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 Suttersen & Co. 725 14th St 105109000016 Greeley, CO 80631 105117000005 Miller, Danny York & Willard & Viola % Danny Miller 1473 — 10th St 96534001019 Greeley, CO 80631 96534001010 Archuleta, Jose F Rt 1 Box 580 965;4001002 La Jara, CO 81140 Korgan, Lavern A 33188 WCR 380 96534001003 Kersey, CO 82644 96534001009 Hanson Charlotte 33222 NCR 388 96534001012 Kersey, CO 82644 Perreault Dale H & Bobbi C 33216 NCR 380 96534001013 Kersey, CO 80644 Korgan Daryl Wayne & Laura Joyce 1443 - 5th St 96534001017 Greeley, CO 80631 Miller Nona L 33040 WCR 380 96534001018 Kersey, CO 80644 Watkins Carol K Trustee %Capital Ag Property Services 105118000001 133365 N Orchard Suite 363 10511:+• °'-• Boise, ID 83706 890455 4 McRAE &SHORT, INC. .1231-8th Avenue Greeley, Colorado 80631 Telephone (303) 356.3101 Engineering, Surveying, Planning& Land Development • May 5, 1989 PROJECT NO. 153-881 Mr. William J. O'Hare National Hog Farms, Inc. 25000 weld County Road 69 Kersey, Colorado 80644 RE: FLOOD HAZARD DEVELOPMENT PERMIT NATIONAL HOG FARMS, INC. - HOUSING AREA LOCATED IN THE E2, SEC. 34, T5N, R63W OF 6th P.M. , WELD COUNTY, COLORADO Dear Mr. O'Hare, We are pleased to submit the following report on the flood hazard affecting the proposed improvements on the above site for twelve (12) employee housing units. On April 20, 1989, an actual and accurate survey was conducted on the site to locate existing improvements and determine the actual elevations based on U.S.G.S. Datum. The attached map shows the results of said survey. The existing ground elevation on the site varies from 4529± on the North- to 4524± on .the extreme South line. The Flood Insurance Rate Map, Community Panel Number 080266-0800 C and 0675 C, (September 28, 1982) shows the area to be in. Zone "A", being subject to 100- Year Flooding with the flood hazard and flood elevations undetermined. This information is very generalized and we feel the following report is more specific and should be used. A "Special Flood Hazard Information Report-South Platte River. Volume I, Weld County, Colorado " was prepared by the Department of the Army, Omaha District, Corps of Engineers, April 1977. This report was a detailed study of the river during the 1973 Flood, and shows the relationship between this flood and the 50, 100, and 500-Year Projected Flood Elevations. 890455 Mr. William J. O'Hare May 5, 1989 National Hog Farms, Inc. PROJECT NO. 153-881 RE: FLOOD HAZARD DEVELOPMENT PERMIT NATIONAL HOG FARMS, INC. - HOUSING AREA LOCATED IN THE E2, SEC. 34, T5N, R63W OF 6th P.M., WELD COUNTY, COLORADO. From this report, the anticipated 100-Year Flood Level at the site was deter- mined from Cross-section 43 at Station 12447 + 50, which is located at the Southwest Corner of the site. The 100-Year Flood Level is shown to be 4526.0. The regulatory flood elevation of 1.0 foot above the High Water elevation would be 4527.0. Ground elevation on the Northerly 7 lots (units) is 4527 or higher and therefore not subject to the 100-Year Flood Level. The Southerly 5 units will need to be raised to set the minimum floor elevation and/or minimum elevation for any basement opening at Elevation 4527. This will require fill around the proposed housing units of about 2 feet. (See Exhibit). In addition, the site is further protected by a berm located to the South and Southwest of the site constructed several years ago to protect the field area where the housing units are proposed. The aerial photo of the 1973 Flood, • which approximated the 50-Year Flood at this location, shows that flood waters were diverted away from the site which remained dry during this flood. Domestic water is to be from wells located at the North edge of the site at elevations of 4528 or higher and therefore is also protected from the 100-Year Flood. Sewage disposal is proposed to be from Individual Septic Tanks and Leach Fields. This system will provide the normal , protection of a buried system. Any flood water on the site will be either back water or extreme fringe area and the improvements will not affect the water course of the river. 890455 -2- Mr. William J. O'Hare May 5, 1989 National Hog Farms, Inc. PROJECT NO. 153-881 RE: FLOOD HAZARD DEVELOPMENT PERMIT NATIONAL HOG FARMS, INC. - HOUSING AREA LOCATED IN THE E2, SEC. 34, TSN, R63W OF 6th P.M., WELD COUNTY, COLORADO. If you or the reviewing agencies have any questions, please contact us. Yours truly, ttthnemr,,in PAll•felSee Mc Rae & Short, Inc. girt)B' -.0 re s2 1/R7f - 6616 Gerald B. Mcgae, Professional Engineer and Land Surveyor, Colorado Reg. No. 6616 :w e\' Copy: U.S.G.S. FIRM Panel 080266. C ( Excerpt) South Platte River Report (Excerpts) Plat of Site 890455 -3 • - I. a �i "t s ....r — i y. ...no* ff '•n Pit••4...2 n.n/ -4 ••• :�i :• -•�' s f • i I 3 3 \e a n C1 � b . I: L a ..T ...a 01 VIrT."`• t . ..-.,- 41]: • 7 , 2),, , . ., . F . r R. % / t%J `' 1( I ..! s t . / tsi- rt \ \ \ L2, . ti .\ j.( ti -- - Tnr. t : ��{y...T a ..,...j r .i S r I g �.t t I 3 f • r5 at -1ti,... II.; ‘..."•••"--,-- ,c. i t r •41;•••41;••• ti . 0. 54. NATIONAL HOG FARMS, INC. PROJECT NO. 153-881 McRAE & SHORT, INC. s. 590455 >41rit‘citi!epiu ''' %c ° t \ \pj -.\) \/ NS ' A' N _ n .. \ro r' tie cxi 0 s4, '\-Z 0 3\-) o • S it 1 ;rt.(7 • Q9‘). i Q 1 0 1 V O I c/ O�.„, \ _J 0 o c� ci vi ,-- s N. i 0 \�Vl 1 1 �J w,neme I ,1, liktsiV 0 CP 1 aea° t e ip 0tic], •r) ° 'isi3 (4„, k (i' ' ..°O v.p Q.. k.) )C‘'SN'''‘ c)'. IC% \)\\ N C.\ 11 ,1e) . "of ". .4 `kl ., .,:: ,,s. cs ,„ c,.. 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NATIONAL 1100E INSURANCE PROGRAM;II' NATIONAL FLOOR INSURANCE PROCRAY KEY TO MAP V ANY aa.aa. ..rrawy lu ear V Mu r,MwY.ean how AM u,u,lr I.w RSV's e.arw� alth•a nom,sass r lbr.rY.lam r ZONE E ' - IOeolwrY ee �l. .e/ VIA", Ann d I4eHY main Ilea MN veleta,(.w LW eAAPYYr• eta400:i had One r Aea Real l=We FIRM FIRM IMV1 rinn maYw—.— NOt[f TO V4LN FLOOD INSURANCE RATE MAP lI FLOOD INSURANCE RATE MAP Ia,,.,nrl„1e,,,,Y,�� Para zones CVO*wear WAS maII Ma Rue.Ina N.e.,A roll v MS Wank.UM . .•Iet•A7a.. Rev W'MIMS W had SAW,anima WELD VI-Vienna WNW. TIa, 0'—Air IM.S ' rave_.men11.et,a,t.w. WELD wee.nn YI..w see,.1..w..Y We,.I.,wN. r lMlaYrnlYwrwl naM/l M.h.lietlwl loan,smile rns Asa PunaAna COUNTY, � COUNTY, lams WAWA Va. Fa'"Y.'n".n."n.'"n"""_ , um. Palma Ebniet Anenew N7II COLORADO COLORADO Oat NM .M,.s a""`I""wNAT0a ~Or I1.IOU UNINCORPORATED AREA UNINCORPORATED AREA aeaaaasrel.Nor Golan vase o.rll•ft Awes NAeAAS IeVNSAAV tea.an'n'S'a' 'EXPLANATION OF ZONE DESIGNATIONS PANEL 675 OF 1075 ; PANEL 800 OF 1075. CONt OwLANATION Aaeee 11111,NAK.AAt all ma,MOON.OA.ANUS NO. TI.AN01 IIII YAP SI I.OA Wall NOVININTIOI A so.. Ass......3........thesis0I II/IOTNe� . has lona law eJaw,W. wANd 14 two COMMUNITT.PANEL NUMBER I COMMUNITY-PANEL NUMBER r Ann Al le1"'w *Mat "nwn a... re.*war Iona .wee,w0AAN`•aava liar AIVNAatr 0802660675 C 0802260800C ""n"0 *am,bet al MaAsa A..a has. oNa�MIA IArnA.a rar.YA,rer .,.wMna.. _ .3 ":I AY Ann r I°OOY *W. Aa.w ae MPS. rl....w I,1 ea rw Ili rn,Aa 0 T.sneak.II A..1 Wane Y NASA h IAN aware MAP REVISED: '' MAP REVISED: w.wwa w Pala AA Al Au..law yAw ay,YnsnatrW M,Anal raea Inman SEPTEMBER 28. 1982 on NI amiss& SEPTEMBER 28. 1982 .,.Ave ..Ilrl w sea N+ .w r rnrwa(I01 QIss]I' Aso hue Paso eeaWr. Aw Ann Mara I WM.,ane A.m. Y M endow a Nan rwlr wive aaw.rl an Pay amass r lad Auu.Ina.,M...ulnwa. nil.AM,IAey TMIOITM/.Plncy '"I Memel ease Nee even pmeat saws, algtS • Mu rNal NMIY a M t' AI..1 r f00 vow RS a oIW as et,1..I n mo.Ilea& YN A5550 Men a IAa AO I I Ifs a wan ArwOtMATe KAa{ / ..ht- NwYI tame a.wl.a sae a... �. a TmeweT Ilya,au.nwN•.Y.a.In..laM•Y,nos. 10 (Yana PaYN r 890455 SPECIAL FLOODHAZARD INFORMATION REPORT • SOUTH PLATTE RIVER { VOLUME 1 WELD COUNTY, COLORADO 1 1 ' PREPARED FOR • WELD COUNTY • AND ' COLORADO WATER CONSERVATION BOARD BY ' ' DEPARTMENT OF THE ARMY, OMAHA DISTRICT, CORPS OF ENGINEERS, 68102 - APRIL' 1971 • �- _:.CY.:. __NATIONAL HOG FARMS. :INC..I PROJECT NO. 153-881 455 McRAE & SHORT, INC. ' w!'•^� .-'4"4\11/4.:...1,4;), 7 .'17• ✓ •_7�T" :t4 s K'ta 4t k , .t r - J !G •. , 4+ S _ „), I r f1 • 1^ � rr JJ, lv. , , ,rA.. I+7G•,i ��f' r ♦ere:' M .77;;1 `v., t :'',/;,2:)7/4'."44.•44 t+ �' NATIONAL HOG FARMS �1 J h: '' 4 •y". ,A7:14''',"„...,;;.4.,,•'4!c'-' r r ' ( r}w l F,. S Oar . �;�j,"F ' =y F r .� .: u ?yi �e HOUSING UNIT p, ♦.,� 1 , fjA^' Qyty, �/.!'�;/l.'40�w}r1' i� • �, ?T •.`•,�(�� 9l°' nit r4 •'tea`+ 1 ,/ ` }, P' Ir$ ♦ —ki.eY,a/e. •1 '+rJAd i""s,,i .114 str a w t ♦ f • V •s, 1" Y'e.r *' 2w;.9 Waif" 0 L Rrlt"�'4 Ilea.., +r•a� �a ^'.. • ; "1 �� trgc.ry, 0P.t i t/ 'F\,,S o h.jr ,�• i ; , r �, , tj,11.Z. 4.4 .1i„ .`0. r± -.r{ is',"P`X w�Q •;O: pt ;1_. ,r� (� h . \f Pi- �J� Jl :.yaw y {r ♦ a �'.;n {3 qq� p 501.1r11 : 'a ., /. py. t a 1 e L • 7'?wC �•i'• /!!w�'r•I• .4%.'s �• ��►�,�1 1 "�M1 � fl' 7 A rr,• rya y^ ♦ yY•�, • a � /`� G• ` ;�tiaw .It .#7‘.., ••• ."T J •', •f.,•` is t?".... % l.,.. 1 :! 4.40*?+ ? 't �1 t4 na Div a• i 1 Celt.'r , tiR.ti s ' . •4 �y Vi .- d t• ;H♦ -t Ilt;A ay' ... % '* /. 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SOUTH PLATTE RIVER BASIN LEGEND: • WELD COUNTY, COLORADO a loo YEAR FLOOD SOUTH PLATTE RIVER 500 YEAR FLOOD FLOODED AREA `1-..„ FLOOD OUTLINE OF MAY 1973 HIGH WATER MARK U.S. ARMY ENGINEER DISTRICT, OMAHA CORPS OF ENGINEERS OMAHA, NEBRASKA APPROX, SCALE APRIL 1977 PLATE 18 1""a 1000' 590455 NATIONAL HOG FARMS, INC. PROJECT NO. 157-RA1 _MeRAF R SHORT.Pr ps c .J N H H N O, N H O, N — A •Oy H - — Cp N. a H co on m ; O, O1 vppl CO CO I.. `O N M N co in in in In in in in a a . I§ > - 8 — 9 _ N N VI U. W LL 2 0 I ` C..1 In in (app a IA co pp. v1 10 ��4O CO solo -. m p 4- i ,O 1n IA IA IA IA ieo A IA tan a wit r 8 i mto to — W k O O IL N O C • N bN bhpp h pad� C53 O �1* IO (ci in phi. H la O ,` b i▪ 'O In In h IA In IA IA IA a ' • U 1 O CD • O * \ o in is. W IL = p . 84' aC U O {{o,� 3 g - Iv 0p O O '00 H dap8 0: 1O - b O. L 'C In 41 N IA fl In IA In a e F O - p - AI C4 C �h O O 8 O 3evc ✓ 1 C O _ _ + of N a, — t_ - I.L. ctn. = o to o m- i - o. - .o p K I I4 8 O p pp pp C pp pp o pO pO 8 V. A C O 1l1 N O N 8 8 + N + — A S A N Si O 4Q t0(p1 ‘p A C c k H Ill 0 N N O. N CD I* V IO in } N N N N N .-f. C Co l- N 4- p V ul E a P•• ,D o1 a H O U N 2 1 A0 C J• , C O 4• 4 C A J V � et C rd B p C as 0 ✓ 22 NATIONAL HOG FARMS, INC. PROJECT NO. 153-881 890455 McRAE & SHORT, INC. REFERRAL LIST NAME: National Hog Farms, Inc. CASE NUMBER: ZPAD-35 through 46 REFERRALS SENT: May 8, 1989 REFERRALS TO BE RECEIVED EY: May 19, 1989 COUNTY TOWNS and CITIES Attorney _Ault N Health Department Brighton Extension Service Dacono Emergency Management Office _Eaton Sheriff's Office _Erie v Engineering _Evans Housing Authority Firestone Airport Authority Fort Lupton _Building Inspection _Frederick Garden City STATE Gilcrest N Division of Water Resources _Greeley Geological Survey _Grover Department of health _Hudson 'Highway Department Johnstown Historical Society �_Keenesburg Water Conservation Board _Kersey Oil and Gas Conservation Commission La Salle �Lochbuie FIRE DISTRICTS Longmont_Ault F-I Mead Berthoud F-2 _Milliken _Brighton F-3 New Raymer Dacono F-19 Nunn _ _Eaton F-4 Platteville _Fort Lupton F-5 Severance _Colston F-6 Windsor Hudson F-7 Johnstown F-8 COUNTIES �La Salle F-9 Adams +Longmont F-10 Boulder Milliken -11 Larimer Nunn F-I2 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service +_Raymer Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commmission Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fore Collins _Central Colo. Water Conservancy Dist. -Greeley _Panhandle Eastern Pipe Line Co. ^Longmont ,Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER 890455 T. Weld County Planningoats May 9, 1989 COLORADO From Environmental Protection Services / f I . { L . ' Case Number: ZPAD-35/46 Name: Nat'l Rog Farms Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. EPS/cs ,1.11' y ^ . AY 1 01989 P' flint Co. vt:•,,.;,, .,:u::,:s, 890455 {/�� fb. oRAnDu a3 �; ic Lanell Curry, Planning May 1 1989 To Da,e Drew Scheltinga, County Engineer COLORADO From National Hog Farms, ZPAD-35 Subjects Weld County will not be maintaining the road immediately adjacent to, or within, the proposed housing area. Although no written agreement has been reached, the Board of Weld County Commissioners has had previous discussions with National Hog Farms, and a plan to mitigate the impacts has been considered. The report by McRae and Short, Inc. adequately addresses the 100-year floodplain. I have no objection to the plan as submitted. • iI tt `.:4Y 1 9 1989 III lY2ld CD. Plagaln9, •r7aaft745 DLS/mw:prnhf xc: Commissioner Lacy Planning Referral File - National Hog Farms, ZPAD-35 890455 �$ DEPARTMENT OF PLANNING SERVICES d ( PMONE(303)358.4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 yam. or • COLORADO May 8, 1989 National Hog Farms, Inc. 25000 Weld County Road 69 Kersey, CO 80644 Subject: 2PAD-35 through 46 - Request for a 12 zoning permits for accessory dwellings on a parcel of land described as part of Section 34, T5N, R63W of the 6th P.M. , Weld County, Colorado. Dear Sirs: I have scheduled a meeting with the Board of County Commissioners on Wednesday, May 24, 1989, at 9:00 a.m. to consider your application. This • meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth 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 with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, VVV / Lomeli J. Curry Current Planner LJC:dn 890455 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 481 , ISSUED TO MIKE CERVI, DBA ROGGEN DISPOSAL 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, the Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing to determine whether or not Mike Cervi, dba Roggen Disposal , is in compliance with Development Standards No. 9, 17, and 20, and approved minor changes of Use by Special Review No. 481 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the W3 NWI of Section 3 , and part of the E} NEI of Section 4, all in Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Mike Cervi was represented at this Probable Cause Hearing by Tom Cope, of Total Engineering, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 481, issued to Mike Cervi, should be revoked for failure to comply with certain Development Standards and approved minor changes, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1. Whether or not the minor changes approved in a letter dated June 24 , 1988, to Cecil Crow, of Alpha Engineering, are constructed as proposed. 890457 PLown Page 2 RE: SET SHOW CAUSE HEARING - MIKE CERVI 2 . Whether or not the facility is in violation of Development Standard #9, which requires the installation of a measuring device in all ponds. 3 . Whether or not this facility is in compliance with approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, which by incorporation would be violations of Development Standard x!17. 4. Whether or not the facility is in violation of Development Standard #20 regarding compliance by the owner/operator with all Development Standards. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 21 , 1989, at 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: f� Gn) WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kifby, chairman \va &Y� qu ine hnson, Pro-Tem eputy County ler EXCUSED APP VED AS TO FORM: Gene R. Brantner / / 777 George Ke dy County Attorney • Gourd Lacy 890457 PROBABLE CAUSE DATE: May 24, 1989 CASE NUMBER: 2CH-36 USR NUMBER: USR-481 OWNER/OPERATOR Mike Cervi P.O. Box 169 Sterling, CO 80751 LEGAL DESCRIPTION: Part of the W3 NWI of Section 3. and part of the EI NE; of Section 4, all in T2N. R62W of the 6th P.M., Weld County, Colorado LOCATION: 2.5 miles east of the Town of Roggen and south of 1-76. It is the opinion of the Department of Planning Services' staff that the following Standards 2, 9, y2, 1/4, (1), X2O as approved for USR-481 and approved minor changes are not in compliance: - The minor changes approved in the letter dated June 24, 1988, to Cecil Crow, P.E., Alpha Engineering are not constructed as proposed. The concrete joint5in the spill pads &.e''not sealed to contain spilled materials. The engineer for the project must certify the pad's integrity to contain spills. — Development Standard 9 required the installation of a measuring device in all ponds. A temporary measuring device has been installed only on the north pond. — Development Standard 17 required that all phases of the operation comply with all County and State Health Department Regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc., indicated the pond's surfaces are covered with oil, the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. - Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 21, 1989, to consider revocation of USR-481. 890457. INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N. and Section 4, T2N, all in R62W of the 6th P.M., Weld County, Colorado DATE: April 17, 1989 CASE NEMER: ZCH-36 The property was inspected to determine compliance with Standards #2, 9, 12, 14, 17, 20, and approved minor changes. Standards #2, 12 and 14 are in compliance. Standards #9, 17, 20, and approved minor changes are not in compliance. Standard #9 required the installation of measuring devices. A temporary measuring device has been installed on the north pond. No measuring device was observed on the south pond. Standard #17 required that all phases of the operation comply with all county and state health department regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc., indicated the pond's surfaces are covered with oil and that the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and FEcilities Act Regulations. Development Standard #20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. JLeit“A. uet[ Current Planner 890457 rot f'S DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000 EXT,4400 41.54 9:5:0m STREET GREELEY,COLORADO 80631 wmc COLORADO April 26, 1989 Roggen Disposal c/o Mike Cervi P.O. Box 169 Sterling, CO 80751 Subject: ZCH-36 Dear Mr. Cervi: • Notice is hereby given that on Wednesday, May 24, 1989 at 9:00 a.m. . or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld' County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room. Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-481 for compliance with the Development Standards as approved by the Board of County Commissioners on May 26, 1982, to determine if probable cause exists to hold a hearing on revocation of USR-481. Inspection by representatives of this office have identified that you are not in compliance with Developments Standards 2, 9, 12, 14, 17, and 20 and approved minor changes of USR-481. If it is determined at the public hearing that there is probable cause that you are not in compliance with Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. 890457 ,/l77isv�i/d/ar- Roggen Disposal april 26, 1989 Page 2 If you have any questions regarding this matter, please telephone. Respectfully, Keith A. Schuett Current Planner KAS:rig pc Wes Potter, Environmental Health Lee Morrison, Assistant County Attorney enclosures • 89045'! INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N, and Section 4, T4N, all in R62W of the 6th P.M. , Weld County, Colorado DATE: April 17, 1989 CASE NUMBER: ZCH-36 The property was inspected to determine if it is in compliance with the approved Development Standards, Conditions of Approval, and approved minor changes. The inspection showed that the property is not in compliance with Development Standards 2, 9, 12, 14, 17, 20, and approved minor changes. • Development Standard 2 limits the special review permit area to one graveled accesses. At the time of inspection, a truck entered the facility from the I-70 Frontage Road. The approved access road is off of Weld County Road 75-1/2. - Development Standard 9 required that a measuring device is to be installed in all ponds. This measuring device has not been installed on both ponds. • Development Standard 12 required that the ponds are to be tested for integrity, life expectancy determined. A copy of this report is to be submitted to the Colorado Department of Health and the Department of Planning Services. This report has not been submitted as required. • Development Standard 14 indicates that adequate fencing is to be installed to control access to all ponds. Adequate fencing has not been installed. Cows have gained access to the pond areas. Tracks from cows were observed along the edge of the high water mark in the soft cover material. - Development Standard 17 required that all phases of the operation are to be in compliance with all County and State Health department Regulations. The February 22, 1989, letter from Wes Potter to Roggen Disposal indicated that the facility is not in compliance with the approved minor changes, the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, and the pond surfaces are covered with oil. • Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. 590451 Inspection Report April 17. 1989 Page 2 The minor changes approved in the letter dated June 24, 1988, to Alpha Engineering have not been constructed as approved. The approved plans called for 6 inch PVC pipe and a concrete pad that would not allow materials that were spilled onto it to enter the ground below. The pipes used are not • PVC and joints in concrete pad do not appear to be sealed. • eith A. Schuect Current Planner r roe- - _ h""^_.—:.,.-• rY PL " v' - rye,' i, 1 J " 'I ♦..4 '1 • P ,�. '�. .P. �. y�.elf x `r I ...i.;i ` . -,� , .,r..''Sa-`�t. _ '�:, I ►..y - • 890457 C: if? N DEPARTMENT OF HEALTH 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 1`1\ III ADMINISTRATION(303)3510566 HEALTH PROTECTION(303)353-O635 COMMUNITY HEALTH(303)353-O679 O COLORADO• Certified IMP 814 973 866 Legal Action #89-016 • • February 22, 1989 Cervi Ranches Roggen Disposal c/o A.J. P.O. Box 169 Sterling, Colorado 80751 • Dear A.J. : The facility owned by Mike Cervi located in Roggen, Colorado was inspected on February 14, 1989 by Lynn Robbio, Environmental Health Specialist of this department. The inspection revealed the following violations of the Solid Waste Disposal. Sites and Facilities Regulations for Surface Impoundments: 1. Non—compliance with approved design and operation. The pipe discharging into the ponds is steel. According to the approved design, the pipe material should be PVC. 2. The water surface of the pond is covered with oils. Please be advised that the operation of this site is in violation of the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. specifically Section 6.5 which states in part: 6.5 Waste impoundments shall be constructed according to detailed plans and using quality control measures specified in the facility engineering report to ensure attainment of design permeability and prevent mechanical or chemical degradation of liners during construction and active life. USEPA publication SW-879 (1983) is recommended for general construction guidelines. 6.6.5 All impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other surface scum. - 89®45'7 C A.J. Cervi Ranches Re: Roggen Disposal February 22, 1989 Page Two Please be advised that you have thirty (30) days from receipt of this letter to respond to the above cited items to bring the operation into compliance with the Regulations pertaining to "Solid Waste Disposal Sites and Facilities". Failure to respond and comply will result in appropriate legal action by this department. Sincerely, two;Mate,4c3v4exotAiwn4 Wes Potter, Director Environmental Protection Services WP/dgc Enclosure cc: Randolph Gordon, M.D. , M.Y.H., Public Health Director Chuck Kozel, M.P.H. , Health Administrator Lee Morrison. Assistant County Attorney It MAR 3 1 1989 j WM Ca. ?kaki tausaurou 890457 r SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County 4 ' Facility � i� -�� DATE cv_zi t/ /+)�(_ Located in ( t'% �Q Incorporated Area I Location Current Operator' piss--: . Mailing Address of operator Current Owner (If different) Mailing Address of Owner �'/`�ICS ..�r..w.w.........r..r....s..n.r..ssra-..s....rwmmmmmmmmma=r==r==r==wwrrwwr (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards — E. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards x F. Non-Compliance with Approved Design and Operation • Q. Structural Integrity of Dikes Questionable H. Records I. Other — * REMEDIAL ACTION REQUIRED IX. Minimum Standards, CRS 3O, 2O-11O , `.. A. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Minor Spills Around Disposal Area F. Water/Liquid Surface Covered with oil(s) or scum G. Depth Gauges not Present and or Readible -- H. Pond Freeboard Level Exceeded. _' I. Recommendations for Site Improvement J. Other III. Remarks l IVCr'J S �• t _ t —T (Name) PRESENT AT INSPECTION ;� (Representing) •Inspection Engineer/Geologist 0457 (WHITE COPY^FILE) (YELL W COPY nPronrnn% ,.;...„. ___ . DEPARTMEr. i OF PLANNING SERVICES ' (y ( PHONE(303)356.4000 EXT.a400 915 10th STREET !ti - GREELEY,CO4ORADO 80631 . , ' !� Y d'p i, . r COLORADO June 24, 1988 Alpha Engineering Attention: Cecil R. Crowe, P.E. P.O. Box 392 Fort Lupton, CO 80621 - Re: Renovation of USR-481 located in part of the Wi Section 3, T2N, R62W and the E§ NE} of Section 4, T2N. R62W, of the 6th P.M. Dear Mr Crowe, The Department of Planning Services' staff has reviewed your request to renovate the Use by Special Review at the Roggen Oil Field Fluid Disposal Site. The renovation is to include the replacement of the three buried tanks and the three above ground tanks with a 100-barrel concrete tank, and four 400-barrel above ground steel tanks located on a concrete pad with a spilled liquid drain, and the cleaning of pond "A" with installation of a • new three-foot thick clay liner. The Department of Planning Services' staff has determined that the above replacements would not be considered a material deviation from the approved Use by Special Review permit provided that that the following conditions are complied with: 1. Appropriate building permits are obtained. 2. A copy of the construction and operations plans approved by the Weld County Health Department shall be submitted to the Department of Planning Services prior to the start of construction. These plans shall provide a detailed description of work to be completed and all materials to be used. 3. A Colorado Registered Professional Engineer shall be retained to insure that the construction is completed as indicated on the approved construction and operations plan. During the tine of construction, the engineer shall provide the Weld County Wealth Department with weekly progress reports. 4. The property is to remain in compliance with all development standards set forth in USR-481. All construction compl • g5�® by September 23, 1988. 457 to . . .0' ._ C r. Cecil Crowe . June 24, 1988 Page 2 . . 5. Within 5 working days of the completion of construction, a copy of a report, completed by the Colorado Registered Professional Engineer, certifying that the construction and materials are in compliance with the approved construction and operations plan shall be submitted to the Department of Planning Services and the Weld County Health Department. If you have any questions, please call or write. Sincerely,,//y, i oe 7Cex1 tttG " _ _" Current Planner- RAS:dn pc Mr. Mike Cervi P.O. Box 169 . Sterling, CO 80751 Wes Potter, Environmental Health 890457 RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OIL FIELD FLUID DISPOSAL - MIKE CERVI 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, the Board of County Commissior.a's held a public hearing on the 26th day of May, 1982, at the hour of 2:00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Mike Cervi, P. O. Box 169, Sterling, Colorado 80751, for a Use by Special Review for an oil field fluid disposal site, on the following described real estate, to-wit: Part of Section 33, Township 3 North, and Section 4, Township 2 North, Range 62 West of the 6th P. M. , Weld County, Colorado. WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan in that policies of the plan promote Use by Special Review proposals in an Agricultural Zone District, so long as they do not create negative impacts on the environment or the County. The attached Development Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. b. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. The proposal will not utilize any land which is presently used for agricultural purposes. 'C c. No overlay districts affect the site. C NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- LHR2102 890457 C ! Page 2: MIKE CERVI sioners that the application for a Use by Special Review for an oil field fluid disposal site on the hereinabove tract of land be, and hereby is, granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the Use by Special Review be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. The plat shall be amended to show a second concrete dumping pit and future clay lined ponds. 3. Disposal at the old site shall be terminated within forty-five (45) days of the final decision made by the County Commissioners. 4. At the end of operation at this facility the site must be closed in accordance with the Solid Waste Act and all pertinent Department rules and regulations. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /�/^..;r/ �- /rte,:-'- • John T. Martin, Chairman • Chua Carlson, -Pro Tem Norman Carlson Kirby n K. Steinmark fAkvArthroo ATTEST: / ':p etww,7 County Clerk and Recorder and Clerk to the ', BY Deputy Coun erk / APP OVED AS TO FORM: 1'j County Attorney • • DATE PRESENTED: JUNE 2, 1982 C• • 890457 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDIN(- CODE ORDINANCE 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, the Weld County Department of. Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Ruth E. Greenwald; Dorothy M. Heidel; Frances M. Holmes; Ruben and Margie Gonzales; and Jose A. Gonzales, and WHEREAS, despite efforts by the Planning staff to resolve said matters , the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Ruth E. Greenwald; Dorothy M. Heidel; Frances M. Holmes; Ruben and Margie Gonzales; and Jose A. Gonzales to remedy the violations of the Weld County Building Code Ordinance, 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. 4/7 / 1� �' ' 890449 Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989 . ? BOARD OF COUNTY COMMISSIONERS ATTEST: l~&4444IL) WELD COUNTY, COLORADO Weld County Jerk and Recorder f',' * and Clerk to the Board C.W. XIrby, Chairman 1 •' ,__BY: a ne nson, Pro-Tem eputy County Clerk I/eGr� APPROVED AS TO FORS : .ene er Brantner , __241-r-7/7 - s-r[_ George Ke ne my Attorney Gor, - 671 890449 mEmoRAnDum Wilkru Board of County Commissioners Oats May 23, 1989 COLORADO From Department of Planning Services Sobs et. Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1083 Ruth E. Greenwald, Dorothy M. Heidel, and Frances M. Holmes c/o Frances M. Holmes 19461 Weld County Road 503, LaSalle, CO 80645 BCV-1083 BCV-1083 Ruth E. Greenwald Dorothy M. Heidel 915 Magnolia Drive 4300 Sunny Lane, Unit 1103 Quincy, Florida 32351 Holiday, FL 33590 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890449 too 1NEMORAnDUM WII1Dyo Board of County Commissioners Data May 24, 1989 COLORADO From Department of Planning Services Susmt: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Geld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1086 BCV-0186 PROPERTY OWNER: MOBILE HOME OWNER: Ruben & Margie Gonzales Jose A. Gonzales P.O. Box 242 P.O. Box 1015 Evans, CO 80620 LaSalle, CO 80645 The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890449 1RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS AND ACCEPT BID 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, State statute and the Weld County Administrative Manual require that all items disposed of be declared surplus by the Board of County Commissioners, and WHEREAS, the County has identifed that a Leitz comparison microscope, asset number 541-0001, is no longer needed by Weld County, and should be declared as surplus, with the proceeds from its sale to be returned to the forensic laboratory budget, and WHEREAS, bid requests were sent out concerning said microscope, with the high bid being submitted by E. P. Inman, of Signal Hill , California. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described microscope be, and hereby is, declared surplus property. PE IT FURTHER RESOLVED by the Board that the bid submitted by Keith E. P. Inman, in the amount of $6 ,500.00 , for said microscope be, and hereby is, accepted, with the proceeds to be returned to the forensic laboratory budget. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: �J WELD COUNTY, COLORADO Weld Count Clerk and Recorder 4144<r-zl and Clerk to the Board C.W. Ky, airman 13Y-4. -m.,, ,u 1,C.ell cqu ine nson, Pro-Tem eputy County erk EXCUSED APPROVED AS TO FORM: Gene R. B'rannntt"�nerr ^ ' George Ke - ^ ty A t ern y�� ! �� L Gor•o ' acy 890458 C' OFFICE OF THE SHERIFF MEMORANDUM Board of County Commissioners TO Ed Jordan, Sheriff FROM May 24, 1989 DATE - Surplus Property Declaration RE The City/County Forensic Laboratory has no further need for a comparison microscope yet has a need for other equipment that will be used in paint comparison. Trade-in of the comparison microscope would have provided little of its value and the Board of Supervisor. voted to disposition the microscope through a sealed bid process. The bid process resulted in a $6500 bid which im fair and exceeded the Board's expectations. The Board of Supervisor is therefore requesting that the Board of County Commissioners declare the microscope surplus to allow for its disposition to the highest bidder. The funds from the equipment must go back to the forensic laboratory budget as the microscope was originally purchased through joint Greeley/Weld funding. The City Purchasing Department has agreed that the equipment disposition can be accomplished through Weld County procedures per the Greeley Police Department. The microscope is asset 1/541-0001, Lietz brand, Laborlux K model comparison microscope. Your cooperation is appreciated. EJ:RD:lch 90458 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED TN SECTION 15, TOWNSHIP 8 NORTH, RANGE 60 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Francis Energy, Inc. , P.O. Box 2331 , Greeley, Colorado 80632 , submitted the high bid to lease 160 net mineral acres, more or less, described to-wit: Section 15: SW3 , Township 8 North, Range 60 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Francis Energy, Inc. , to lease the above described mineral acreage for TWENTY-THREE AND 50/100 DOLLARS ($23.50) per net mineral acre, for a total sum of THREE THOUSAND SEVEN HUNDRED SIXTY AND NO/100 DOLLARS ($3,760.00) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing May 24 , 1989 , and ending at 12: 00 noon on May 24, 1992, unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Francis Energy, Inc. , P.O. Box 2331, Greeley, Colorado 80632, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. � r n 890452 L.C1 d Page 2 RE: OIL AND GAS LEASE - FRANCIS ENERGY, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989 . � �� ,��FL- � � BOARD OF COUNTY COMMISSIONERS ATTEST: "fip ateAs C+►�J WELD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C.W. Kirby, CXairman BY-& — ) 4r/ a•que \.ne Jo .,on, Pro-Tem eputy County rk EXCUSED APPROVED AS TO FORM: Gene R. Brantner el L7-7? � � George Ke e _ y Attoey Gor i a 890452 i f i i J La m — ti ' -_ U t a z N S u 1-1 0 a V 2 O F 3 " I —7. co A U 2 cceM v �' Ind S .x u� WC5O I . Ia8 '.� 4 a O .- - W N V 77 ir �v ..C::: m �� s Y.: K1 \‘. p 1' - N O 'r o f 'h '' o V' d d ' ..� RIW IW { I ,` Y w O m e i xF r r U c C.i. 9i cv < F Seel eunp •ooet wloj Sd ...,.-..p.._..,.......-..—_...,�A..rM—.—, ....a.».,..,n----•-^:_,,.--V-....,..1 Li I st boo ill! D siEls: la l' I r F4 cd o f i r p 1 40 ON ,8 111k es N • # gE47 gS y till 3No < �I � - • $ < nyi POx0W 47 r l. � . . 1.lief � a0 •g .`.Idx4xl: g AR2181148 PARCEL NO. 3 WELD COUNTY OIL AND GAS LEASE Containing 160 _ acres, more or less; Containing 160 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 24th day of May , 19 89 made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the FOARD OF COUNTY CO"?IISSIONERS OF THE COUNTY OF WELD, for its respective interests, do BOARS OF COUNTY COHC".ISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELLEY, CO 80631, hereinafter called Lessor, and: Francis Energy, Inc., a Colorado corporation P.O. Box 2331 Greeley, CO 80632 hereinafter called Lessee: WITNESSLTB WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 23.50 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 160.00 , computed at the rata of $ 1.00 _ per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND • SECTION _ TOWNSHIP RANCZ Sw1 15 SN 60W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock.noon on the 24th day of _May , 19 92 as primary terry, and so long thereafter as oil and gal, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such S 1234 REC 02181148 05/31/89 15:00 $0.00 1/008 F 0067 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890452 (Rev. 11/86) - ;v primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to Conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 121/4% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any ouch oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price Sn the field for such oil, or in the absence of a posted price in the field for such Oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including caainghead gas or other gaseous substance, l2►% of the fair market value at the well or of the price received by Lessee at the welt, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gds for determining the royalties payable hereunder shall be the price at which such gas'is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lesser a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. 910452 8 1234 EEC 02181148 05/31/89 15:00 $0.00 2/008 F 0068 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREZNTS - All production shall be accurately measured using standards established by the American Cao Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary tern hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, cheek, certified check or money order. Payments having restrictions, qualifications, or encunbraoces of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee ray at any time, by paying to Lessor all amounts then cue as provided herein, surrender this lease insofar as the same covers al: or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than Contiguous tracts of approximately forty (40) acres or Covernmenta: lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease ana become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. B 1234 REC 02181148 05/31/89 15:00 $0.00 3/008 F 0069 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) y. 890452 • 9. ASSIGNMENTS - (a) Lessee, with prior written consent of lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment Of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shell be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MGF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5k) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed chat the production of oil end gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's , order thereon or surrender this lease as to any such undevelopeo acreage as designated by Lessor. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. POOLING CLAUSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the sane field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling 590452 B 1234 REC 02181148 05/31/89 15:00 $0.00 4/008 (Rev. 11/86) F 0070 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COPUSUNITI2ATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the sane field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations en or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SRUT-1N CELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack Of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each year's sbut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, nhoving by name or description the formations passed through, the depth at which tech formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either o£ than, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph IS contained in reports required to be filed with the Oil and Cas Conservation Commission of Colorado, the requirements of this paragraph for ouch information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is iraiediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. 990 452 :c. A p J B 1234 REC 02181148 05/31/89 15:00 $0.00 5/008 (Rev. 11/86) F 0071 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SETTLEtt6T - Lessee shall not remove soy machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically becors the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products ocher than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WATER - This lease does nos grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any noncributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but tot limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of nailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does pot request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSICNIW.N'tS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary tern hereof. 890452 B 1234 REC 02181148 05/31/89 15:00 $0.00 6/008 F 0072 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 25. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property Caused by or sustained in connection with operations on this leased land or by cor.Citions created thereby, or based upon any violation of any statute, Ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific awards) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the StTT EM= Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric Or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 29. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. FIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal repreeentatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved ty Lessor as explained in the ASSIGNMENTS' paragraph provided. 31. WARRANTY OF TITLE - Lessor does not warrant title to the leased premises, but it shall, upon request, allow lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. B 1234 REC 02181148 05/31/89 15:00 $0.00 7/008 F 0073 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Roy. 11/86) ...?4,10,1;32 c';s- • IN WITNESS WHEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD Or COUNTY COPASISSIONERS of TEE COUNTY OF WELD, with the seal of the office affixed, and Lessee has signed this agreement, the day and year first shove written. BOARD OF GOUT CO?2•IISSIONERS WELD COUNTY, COLORADO • ATTEST: �^ w ` eth Gene R. Brantner - Excused Weld County Clerk and,Recorder _ and Clerk to the Board. By: LESSEE: FRANCIS NERDY, INC. by: � � N cho D. Francis, President STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The foregoing instrument vas acknowledged before me this 23rd day of Nay 19 89 by Nicholas D. Francis as President of Francis Energy, Inc., a Colorado corporation, on behalf of said corporation. Witness my hand..;;Q"bSSicial seal. • Ny Commissidn ptreB> / / 92- ,/ 2' • `\C , _ \ /.` 1 r /71-, 't ✓/C,�Y//s •• �/ •� Notary Public Ot CFJ\p B 1234 REC 02181148 05/31/89 15:00 $0.00 8/008 e F 0074 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev.1Z/86) 890452 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 12, TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease , and WHEREAS, Mile Hi Oil & Gas, Inc. , P.O. Box 27296, Denver, Colorado 80227 , submitted the high bid to lease 200 net mineral acres, more or less, described to-wit: Section 12: NE; , NEiNWf , Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Mile Hi Oil & Gas, Inc. , to lease the above described mineral acreage for SEVENTY-SIX AND 85/100 DOLLARS ($76.85) per net mineral acre, for a total sum of FIFTEEN THOUSAND THREE HUNDRED SEVENTY AND NO/100 DOLLARS ($15,370.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing May 24, 1989, and ending at 12:00 noon on May 24, 1992, unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Mile Hi Oil & Gas Inc. , P.O. Box 27296, Denver, Colorado 80227, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. 4-/ 890451 LE) IJ, U Page 2 RE: OIL AND GAS LEASE - MILE HI OIL & GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: 2ccvidt,,� WELD COUNTX, COLORADO Weld County Jerk and Recorder rJ'��C,/c and Clerk to the Board C. . Kitby, Clairman -BY•_ �fLpt.i,�./ / ' a•que �� e J nson, Pro-Tem eputy County erk / EXCUSED APPROVED AS TO FORM: Gene R. Brantner George Ke ed 1 ��,1��fCou t A �tozney Gore 890451 :a 1 ;to= .. H 3 N I r ; r a Y '# n O aliNAir ill1r O ,4„.r a - 1 i t §i 1 • 111 1 II PS Form 3800 Juno 1885 f i ;k= e<I� 1 a MG3 m a r 1 r v c» m 7 c y3 of ' A K Pz A t.. or.,) ,-* ° QS xf h <7 T on t '6 a m cr• ,. fn ,., "rO r j r i A AR2181147 • • PARCEL NO. 2 WELD COUNTY OIL AND CAS LEASE Containing 200 acres, more or less; Containing 29O net mineral acres, more or less: TUTS LEASE ACRECIENT, dated this 24th day of May , 19 89 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD or COUNTY COMMISSIONERS OF T10? COUNTY OF GILD, for its respective interests, c/o BOARD OF COUNTY COf'MISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TR STREET, GREELEY, CO 60631, hereinafter called Lessor, and: Mile Hi Oil & Gas, Inc. P.O. Box 27296 Denver, Colorado 80227 hereinafter called Lessee: WITNESSL'TH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $76.85 _ per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 200.00 , computed at the rate of $ 1.00 , per mineral acre or fraetton thereof per year, WHEREAS, all the requirements relative to said application have been duly complied with and said ' application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPITON OF LAND • SECTION TOWNSHIP RANCE NEIL, NE1/4NW1/4 12 8N 58W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock.noon on the 24th day of May , 19 92 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof Or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such B 1234 REC 02181147 05/31/89 14:59 $0.00 1/008 F 0059 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890451 (Rev. Wet) L ,4 r . fl .'l..\ primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the teased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee stall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 1.2h% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including caainghead gas or other gaseous substance, 121% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced end sold from the leased land or utilized off the lend by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price ac which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of r..arketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1234 REC 02181147 05/31/89 14:59 $0.00 2/008 (Rev. 11/86) F 0060 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890451 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREIZNTS - All production shall be accurately measured using standards established by the American Gas Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated • on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. remErrs & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the • month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments stall be made by cash, check, certified check or money order. Payments having ', restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease; or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee ray at any tits, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for loss than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease ant become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shell any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. B 1234 REC 02181147 05/31/89 14:59 $0.00 3/008 "r F 0061 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 8904.51 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to chat portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized cr approved by Lessor, end the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any Lams or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or hie assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drcps to this amount or less, any overriding royalties which exceed five percent (5") may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of acid overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land frets drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed chat the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonotraces to Lessor's satisfaccicn, by engineering, geological, or ether data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them or, the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 15. POOLING CLAUSE - Lessee ray at any Clue or tines pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling 890451 B 1234 REC 02181147 05/31/89 14:59 $0.00 4/008 (Rev. 11/86) F 0062 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COMcUNITIZATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shell be deemed to be modified to conform co such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspenaions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor ray grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of n shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be. within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (J0) days aster the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the welt when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph la contained in reports required to be filed with the Oil and Cas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is irmediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. 890451 B 1234 REC 02181147 05/31/89 14:59 $0.00 5/008 (Rev. 11/86);, F 0063 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance wish all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SETTLUEttI - Lessee shall not remove any machinery, equipment or fixtures placed od said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within Che leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall ,be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land, 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to Comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. :n the event of any such default or failure, Lessor shall, before making any such cancellation, send to lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intension to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and to cancelled by operation, of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term ad to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSICNlIENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. a .C. B 1234 REC 02181147 05/31/89 14:59 $0.00 6/008 F 0064 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 890451 25. BOLD HARNLE5S - Lessee shall indemnify Lessor against all liability and loss, and against ell claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDMATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the dace of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(s) shall be paid to lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SEZILl2R'2.T Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease eo taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resourcee include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 29. DEFINITIONS (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as b7.toducts therewith, including but not limited to sulfur. - (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas oz' of either of them sufficient to pay for the current cost of producing same. 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; tut no sublease or assignment hereof, or of any interest herein, shall be binding upon lessor until the same has been approved ty Lessor as explained in the ASSICNMATS' paragraph provided. 31. WARRANTY OF TINE - Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access co such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor co do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request nt any time during the term of the Lease. B 1234 REC 02181147 05/31/89 14:59 $0.00 7/008 F 0065 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) Iy• ..;.;, 89°4A 4 IN WITNESS WHEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office affixed, and Lessee has signed this agreement, the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO `777,..p.,.&:,, &titi.\\,:an ATTEST: _ ._ r Gene R. Brantner — Excused Weld County Clerk and�Rec&r4er '" and Clark to the Boatrd\ ,t . 1/441 y !`� ' - - "" L1_ . p ^1. �� a r, cal' ea \pIL CSC G�s� Attes Z'ttitt, LESSEE: MileHiHi Oil & G s, Inc. P. 'avid Ken +• .y;, " ,t u•. 5 � tary_ Howard L. ennedy, P dent 44_ STATE OF COLORADO "'eOC R A.O COUNTY OF WELD ) rll l 1111 l UIIIIIIII,, The‘$dr oyr 7+ t;vment vas acknowledged before me this 18th day of May , 19 89 ,. ,HowardW,Kennedy, President of Mile Hi Oil & Gas, Inc. 5.j,..-.0„ 0 TA j? ).......%%:-.. Witneia7my hand and off .lal seal. , ,�Y r.• �" My CoQes'�jral iVE�pls�s�:eC) ,> .11-27-90 4 No /•••'Thin. � i11,717/ Zf ta4y ublic .1 d h C. Whittemore 19377 Hill Drive Morrison, Colorado 80465 a B 1234 REC 02181147 05/31/89 14:59 $0.00 8/008 F 0066 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) �..x . ., 890451 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 2 , TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Union Pacific Resources Company, P.O. Box 7, Fort Worth, Texas 76101-0007, submitted the high bid to lease 120 net mineral acres, more or less , described to-wit: Section 2: W}SW} , W3E}SWi , Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Union Pacific Resources Company to lease the above described mineral acreage for TEN AND 50/100 DOLLARS ($10.501 per net mineral acre, for a total sum of ONE THOUSAND TWO HUNDRED SIXTY AND NO/100 DOLLARS ($1,260.001 , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing May 24 , 1989, and ending at 12: 00 noon on May 24 , 1992, unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Union Pacific Resources Company, P.O. Box 7 , Fort Worth, Texas 76101-0007, be , and hereby is , accepted for a period of three (3) years with the total sum being as above listed. • /n / / / • 890450 r„ � Jfj Page 2 RE: OIL AND GAS LEASE - UNION PACIFIC RESOURCES COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989. ` J BOARD OF COUNTY COMMISSIONERS ATTEST: Je I WELD COUNTY, COLORADO C Weld. County rk and Recorder r�i- �LG and Clerk to the Board C.W. Kiy, irman èue LII \1Ytsac rit r �j y �GJ ne J h ison, Pro-Tem HY:Deputy County erk EXCUSED APP OVED AS TO FORK: Gene R. Brantner n7:I 7-17(C)-7414e-'- George K n �( ounty Attorney Gor a 890450 OD -et y0Zrcot , 1 I U , W 3 Ss \,:.\\,.)1. \ x 0 v vi ii) ,:::tS\ o o it to' i _ k I 1 .op 1 U i tilt -ilffg I . PS Fenn 3800, June 1985 _,2. ( , , . q z „cc.It , %' xi0I, m �3 ➢ c ] w I. .4 ' Z 0 m \t x >ca , -4 0 8 t - — -0 izI x eaftm' m 2x air % I - a °v m '', li • 1 y O ; b v 0 C , 1 J l AR218114b PARCEL NO. 1 • VELD COUNTY OIL AND GAS LEASE Containing 120 acres, more or less; Containing 120 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 24th day of Mai , 19 89 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the WARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Union Pacific Resources Compapv. P.O. Bpx 7. Fort Worth. texas. 761OL-N107 hereinafter called Lessee: WITNESSETH WHEREAS, said Lessee has applieddto Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $10.50 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 120.00 , computed at-the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee Co be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas eo produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oiI and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND • SECTION TOWNSHIP RANCE WISW;4, WWISW14 2 7N 63W TO HAVE AND TO BOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock.noon on the 24th day of May , 19 92 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if therm is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such B 1234 REC 02181146 05/31/89 14:59 $0.00 1/008 F 0051 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 890450 primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTCNSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniveroary date hereof. There shall be nn refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased lard, with approval of Lessor, the following: (a) On oil, 3.213 of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including caainghead gas or other gaseous substance, 12h% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized oft the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. • (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costa shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land that the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. $ 1234 REC 02181146 05/31/89 14:59 $0.00 2/008 -F 0052 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 890450 • 3, RECORDS - lessee agrees to keep and to have in possession complete and accurate books and records shoving the production and disposition of any and all substances produced on the leased land end to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the American Cas Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shell be tamperproof as nearly as possible. Oil royalties due within the tens of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, cheek, certified check or money order. Payments baying restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. lAW - The terms and conditions of this lease shall be performed and exercised subject to all lave, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by lay or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee ray at any time, by paying to lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease stall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee shall have mode full provision for conservation of the leased products and protection of the surface rights of the leased land. B 1234 REC 02181146 05/31/89 14:59 $0.00 3/008 F 0053 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 'i C.'t• (Rev. 11/86) 890450 9. ASSIGN:CNTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments wilt be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown en its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (Si), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production Crepe to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. onnsct WELLS - Lessee agr3es to protect the leased land from drainage by effect wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gals from offset wells results in drainage from the leased land, unless Legate demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - t'pon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. FOOLING CLAUSE - Lessee may at any tiwo or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling 890450 (Rev. 11/86) S 1234 REC 02181146 05/31/89 14:59 $0.00 4/008 F 0054 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing obit bears to the total acreage in said spacing unit. Ip. UNITIZATION - COp2iWNC^TZATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable lava, regulations and orders, operate and produce all yells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SEVT-IN DELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except. however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per antum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be 5240. Each year's sbut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of uch e either 1, together with a copy of the electric log and the radioactivity log of the well when such logs, them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to bo filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and submitted to ail at all n st ch ch information is irrediate.y available to Lessor. Any proprietary information ssubject to public inspection under Colorado law. B 1234 REC 02181146 05/31/89 14:59 $0.00 5/008 (Rev. 11/86) F 0055 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO -,', , 890450 Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill mite at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed • good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SETTLEPENT - Lessee shall not remove any machinery, equipment or fixtures placed oa said land, other than drilling equipment, nor draw the casing. from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leases land which ray be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. in the event of sty such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the' date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, aed if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and he , cancelled by operation. of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSI(7MIENTS Paragraph provided). The granting of such extension shall be at the sole option of Leasur at double the rental for the primary term hereof. B 1234 REC 02181146 05/31/89 14:59 $0.0C 6/008 F 0056 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/,66). `�� 890450 4 25. MOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 29. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" es used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. WEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved ty Lessor as explained in the ASSIGNMENTS' paragraph provided. 31. WARRANTY OF TITLE - Lessor does not warrant title to the leased premises,,, but+it shall., upon request, allow Lessee access to such abstracts and other title papers as it'has 'in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do sty curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and Curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. B 1234 REC 02181146 05/31/89 14:59 $0.00 7/008 F 0057 MARY ANN FEUERSTEIN CLERK & RECORDER WELD 7�CO, ACCOA (Rev. 11/86) 890'!50 pry)� IN WITNESS WHEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD OP CODNIY COMMISSIONERS OF THE COEN= OF WELD, with the seal of the office affixed, and Lessee has signed this agreement, the day and year first above written. BOARD OF COUNTY cotPits$XONERS WElD COUNTY, COLORADO 441,014e-e'lii-erytenr\ ATTEST: 1•�;�.192AhA f.(Lh4'l ). ! fr±ntnerZsed G Weld County Clerk and'Reeorder and Clerk to the nap; 372Th 1 /rived/lipf;fre.e..- 1 LESSEE:UNIONPA IFIC RESOURCES COT= 01r- MIME? N FACT rents =ATE OF~MO ) ra,cRaNT ) SS. COUNTY OF web9 ) The foregoing instrument was acknowledges before me this /d Gay of 1991 by /1 Witness my band and official seat. Ity Commission Expires: ! -1- 47 eCI WENDY GRAHAM Notary Publie (.:' ,.) Notary Public STATE OF TEXAS 4.4? My Comm.Exp.07.0892 \) j B 1234 REC 02281146 05/31/89 14:59 $0.00WE /008 F 0058 MARY ANN FEUERSTEIN CLERK & RECORDER LD CO, CO (Rev. 11/86) 890450 RESOLUTION RE: APPROVAL OF CHANGE OF OWNERSHIP REQUEST FOR 3.2% BEER LICENSE FROM METRO OIL COMPANY, D/B/A VICKERS - EXPIRES MAY 22, 1990 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, Metro Oil Company, d/b/a Vickers, has presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a 3.2% Beer License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption off the premises only, said license previously held by Ronald and Narita Hiatt, d/b/a Road Runner #283, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II . , C. , said applicant has paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption off the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3979 Highway 119, Longmont, Colorado 80501 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-14 to said applicant to sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption off the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder of Weld County, Colorado, which license shall be in effect until May 22 , 1990 , providing that said place where the licensee is authorized to sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, shall be conducted in strict conformity to all the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. - 890456 Jv ff. Page 2 RE: CHANGE OF OWNERSHIP - VICKERS The above and foregoing Resolution was, on motion duly made and' seconded, adopted by the following vote on the 15th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder /4-‘;'K c-cl and Clerk to the Board C.W. y, C/irman ' t aglatfranson, BY: _ _ G7Wrr, .�! _�t taJ Pro-Tem puty County Cjerfc A ' ,APPROVED AS TO FORM: Gene R. Brantner M George Xea f/ .,_ 'Oo my At orney Gor c 890456 I 4: ' •t - off Cr • C20 S • �@ olO ipi) D al. 0 . rte , Mt CS la@w@ !@ I i. j Liquor Enforcement Division 1114 1375 Sherman Street Denver. Colorado 80261 P)ili t METRO OIL CO t VICKERS 3979 HWY 119 LONGMONT CO 80501 l —\\-t Alcoholic Beverage License ldr:' li IInt. "•"' UCENUE-XPINESAT/•ORIGHT � Aoeoum NVndv Coynry CO In4Vi4 hW U0,004,01 i i21-79914-047 03 206 5541 3 052389 MAY 22, 1990 Ty Nee•ne Dwo+DlondI.C fl Fr I 3.2 PERCENT BEER RETAIL LIC.NSE 5 25.00 1 I COUNTY 85 PERCENT OAP FEE IS 42.50 I ft 1 �� T0TAL?EKs) $ 67.50 41(71 This license is issued subject to the laws of the State of Colorado and especially under the provisions of Tide 12, Articles 46 or 47. CRS 1973, as amended. This license is non- fr)j transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license l should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 CSherman Street,Denver,CO 80261. \l In testimony whereof,I have hereunto set my hand. j iiii MAY 2 3 1989 Division Director Executive Director 4 OR aaoz Wael _ 890456 9S170FG ' -r I Ni yc� x ,, S F.... _ nay 2S � n O o r s so:z fil• v. 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'. w C a.N •= r1,ii}•in I•11,-'4"ly 4,1" ifr��'Sr. �44 < , .�� nl�r� „i ( Icl i it�.h\� v r r `fir El 'ti , •.r.-1'` ,f,,,• 't,"3'1.'ci2{'.{�!` '.LFr 11`+'." .� ct ' L V t / \ t '' '''` Ai �i /1141,":":1S.:` /g i�� /cy,.,,,,;:v,,,, a �L�.r i` ad 04+wdii I J i stl,,� t �i ss\!r S"I sI!! j`r t,•,tiro 'Y w•f4 i ~, \t� r J 1 1i :t.,,if,4 iSi f37 '� t t . rr t \ rr it t r , st ss • i /r + • r ,:.;,0:$4.,•:„:",,•, v j. 890456 TREASURER'S OFFICE,WELD C NTY N2 4224 Greeley,Colorado. ,t. 19q RECEIVED OF,. LL. .W Q2, $ .757, Vilda et . . 2619 :.WJie J FOR I I CREDIT County General Fund 101 0000 (,�,(R� J,{/ afro u,r O cQ52j 00 HrtlthDt,:.;1tr.tent 1190000 r`,i,"l,fll4.AI� \},!p _ 2 51' Human Resources 121 0000 ��// �� Social Services 112 0000 Housing Authority Road& Bridge Fund 111 0000 I j Airport 177 0000 ! i County Clerk Cash Escrow 810 0803 Fee Fund 9000912 j 1I School District Gen Fund School District C R F t3Q(�4bv c School District Bond Fund - FRANCIS M. LOUSTALET Ire _ I TOTAL AMOUNT County Treasurer re: .257 7 5D 700 East Speer Boulevard H.Alan D,lll, Arthur KeenWhitalaw Ill Denver,Colorado 80203 IV.�Agbeft'A.4 :; r Lucien J. Ohooge 7eIephone 303/777.3737 C`N6A SfoRtiralser:t3 3 Charles J.Carroll Daniol W Can Joseph M, Elio FAX 303/777-3823 ,+nn ,dg)nAAllutcthpgs} 10 DILL and DILLT0 = A Professional Corporation May 16, 1989 Weld County Commissioner's Tommie Antuna 915 10th Street Greeley, CO 80632 Re: Road Runner Transfer of Ownership - Vicker's #2748 Dear Tommie: The manager for the above mentioned store is: Debbie Howell 133 Jackson Dr. Firestone, CO 80520 D.O.B. - 10-17-65 If you need anything else, please call me. Sincerely, ott4i d 7 c, Dorothy A.'4artinez Paralegal 89056 DR 8403(5/88) t ^, �" i THIS BLOC(FOR DEPT.OF REVENUE USE ONLY ��Colorado Department of Revenue COLORADO Liquor Enforcement Division FERMENTED MALT BEVERAGE o nve�co 80261 Bet (3.2% BEER) LICENSE APPLICATION IMPORTANT: For those retail licenses described in Column A below,this application and all supporting documents must FIRST BE FILED IN DUPLICATE WITH.AND APPROVED BY,THE LOCAL LICENSING AUTHORITY(CITY,TOWN.COUNTY). Lashes Issued Througn Use License Account No. Applications will not be accepted unless all applicable questions are fully answered all (Expiration Date) for all reference supporting documents correspond exactly with the name of the applicant(s),and proper fees are attached. You may attach separate sheets or additional documents if necessary to fully complete LIABILITY INFORMATION this application. All documents must be typewritten or legibly pnnted in black ink. County City Industry Type Liability Date Form DR 8404-I,-Individual History Record"must be completed and filed in duplicate by the following: • Each applicant • All general partners , FEE PAID • All officers/directors KEY of a corporation - Over 5%limited partners State City County ,_ • All stockholders of a corporation not subject to the Seventies _ ++ and CODE a5A 37-1 Lie•+ Exchange Act of 1934 • Over 5%stockholders of a corporation subject to the Securities and (03) Ethane.Act of 1934 • Managers • Each person required to file form DR 8404-I must submit fingerprints to the Local Licensing Authority. • NOTE: License status will not be given over the telephone. License will be mailed by the Liquor Enforcement Division to the Local Licensing Authority upon issuance. ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN KEY STATE LOCAL KEY STATE CODE COLUMN A FEES FEES CODE COLUMN 8 FEES Chock the appropriate box for the typo of license being applied for: Check the appropriate box for the type of lioense(s)being applied tor: - 11 0 Retail 3.2%Deer(Fermented Malt 546.25 $3.75 12❑3.2%Beer Wholesale License(Fermented Malt 5100.00 Beverage License)-City Beverage) 11 Q:]Retail 3,2%Beer(Fermented Malt 67.50 7.50 13 0 3.2%Beer Manufacturers License(Fermented Malt 100.00 Beverage License)-County Beverage) ®other(Specify): Transfer of Ownership 14 0 3.2%Beer Impone?s License(Fermented Malt 100.00 (Change of location,renewal,etc.) Beverage) 16 d Nonresident Manufacturer License 100.00 (Fermented Malt Beverage) 1. Name of Applicant(s): II partnership,list partners'names(at least two);it corporation,name of corporation: Date filed with Local Authority: Metro Oil Co. 1a Applicant is a: F.E.I.N.: ® Corporation O Individual O Partnership O Other(specify) 38-2114740 • 2. Trade Name of Establishment: (DBA) State Sates Tax No.: Sales Tax * (Total '?et.) Vi-ckerrs 21-79919 80-31654 3. Address of Premises:(Specify exact location of premises.Diagram of premises must accompany this application.y Business Telephone: 3979 Highway 119 City: County: State: Zip Code: Longmont Weld CO g0,5-Q], 4, Mailing Address: (Number and Street) ATTN: (City or Town: State: Zip Code: 7000 E 47th Ave Dr, #100 Leslie 'I Denver, CO . 80216 5. If this is a transfer of ownership application or renewal, ou MUST answer the following questions about this business:• Present nt Trade Name of That Establishment(DBA): Present State License No.: .Present Type of License: I Present Expiration Date Roa Runner #283 22-18953 3.2% FMB 2-18-90 YES NO 6. Is the applicant,or any of the partners,or officers,stockholders or directors of said applicant(if a corporation),or manager, r—, under the age of eighteen years? (.___I [—)n 7. (a)Has the applicant,or any of the partners,or officers,stockholders or directors of said applicant(if a corporation)over r-- been convicted of a crime? II answer is'yes;explain in detail. Exclude minor traffic violations. i x (b)Have persons lending assistance or financial support to the applicant,or the manager,or employees,over been ❑ O convicted of a crime? It answer is'yes-explain in detail. Exclude minor traffic violations. pp(�w56 ,ran El, Has the applicant,or any of thepartners,or officers,directors or stockholders of said applicant YES NO P (if a corporation),or manager,ever: X (a)boon denied an alcoholic beverage license? (b)had an alcoholic beverage license suspended or revoked? X (c)had interest in an entity that had an alcoholic beverage license suspended or revoked? II yes,'explain in detail. X See attached 9. Has a fermented malt beverage license for the promises to be licensed boon refused within the preceding year?If yes.' 7 X explain in detail, t 10. Does or did the applicant,or any of the partners,or officers,directors or stockholders of said applicant(if a corporation) have a direct or indirect interest In any ether Colorado Liquor or Fermented Malt Beverage License(include loans to or from l I I J any licensee,or interest in a loan to any licensee)? If'yes;explain in detail. See attached list 11. State whether the applicant has legal possession of the promises by virtue of ownership or under a lease, If leased,list (�') O name and address of landlord and term of lease: I_I Leased from Total ; :F-R-rtnt , 999 18th St., Denver, CO 80202 to' Metro Oil Co. See lease 12. Identify the persons,firms,or corporations who now,or will,have a financial interest,evidenced either by loans or equity ownership in the business for which this license Is requested. State the names and addresses of any such persons,and the amount and source of such financial Interest expressed in dollars or other items of value,such as inventory,furniture or equipment(i.e.,bank,relatives,friends.previous owners,eta). Use separate sheet if necessary, NAME ADDRESS INTEREST Total, Petroleum. Inc. 999 18th St., Denver. CO 190% Stockholder 13. List the names and addresses of all liquor businesses in which any of the persons In the previous question are materially interested. Use separate sheet if necessary. NAME I BUSINESS ADDRESS Total Petroleum, Inc. Oil Company - 100% stockholder 999 18th St., Denver, CO of locations listed in #10 Attach copies of all notes and security instruments,and any written agreement or details of any oral agreement,by which any person(inducting a corporation)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which Is contingent or conditional In any way by volume,profit,sales,giving of advice or consultation. 14, Colorado Manufacturer or Wholesaler applicants,answer the following: N/A (a)Does the applicant own,lease or operate any Colorado warehouse or storage plant in Connection with this business? 77 If'yes;give lull addressl. (b)If the applicant is a wholesaler,does or did any owner,part owner,shareholder,director or officer have any director ❑ I I indirect financial interest in a wholesaler.retailer,manufacturer or importer already licensed by the State of Colorado to sell fermented malt beverage,or malt,vinous or spirituous liquor? If yes;attach explanation in detail. (c)Does the applicant have a valid Federal Basic Permit? If'yes,'attach a copy of the permit:if'no,'explain whether O ❑ one has been applied for, a�p�,��Q Pace 2 o? y. ;K;4.. 590458 - 1 • 15. Nonresident Manufacturer(fermented malt beverages)or Importer(tormented malt beverages)applicants,answer the YES NO following: N/A (a)To what Colorado Ilcensed wholesaler do you intend to ship your merchandise? • (b)Does or old any owner,part owner,shareholder,director or Officer of the applcant have any direct or indirect financial E E interest in an importer,manufacturer or retailer already licensed by the State of Colorado to sell fermented malt {_•, beverages or malt,vinous or spirituous liquor? It yes;attach explanation in detail. (c)Does the applicant have a valid Federal Basic Permit? If'yes:attach a copy of the permit C (d)Are you the primary source of supply in the U.S.?If'no,'explain in detail. 1-1 16. If the applicant is a partnership,answer the following: (Attach separate sheet if necessary,) N/A _ . orpot;ation (a)Name of each general partner and each limited partner Home Address,City and State Social Security Date of Birth holding a greater than 5%interest a • (b)On what date was the partnership formed? Attach a copy of the partnership agreement(except for Date: partnerships consisting only of a husband and wife). 17• if the applicant is a corporation,answer the following: (a) Corporation is organized under the laws of the Sate of: Michigan Date of Incorporation: 3-16-72 (b)Outof-state corporations,give date authorized to do business In Colorado: 11-25-85 (Attach Certificate ry gfA Swel from Cylo.Secretary pf S areL (o)Cate of filing last annual corporate report to the Secretary of State: 3_12-87 (d)Name of each officer listed below: Hone Address,City and State: Social Security it Date of Binh: • + a~atet• terry Defague 2215 Thistle Rag Cir, Denver, CO 479-60-9466 6-18-48 vimp"r"a"Vacant Timmer: • Larry Rogers 720 E. Walden Crt, Denver. CO L527-29-0322 9-19-62 Ste°"'" tarry Rogers Please see above (e)Name all 5%or greater stockholders: Home Address,City and State %of stock Date of Birth: Include actual owner or oledaoe Total Petroleum, Inc. 999 18th St., Denver, CO 100% N/A (I) Name of all Directors or Trustees of Comora(gg Home Address,cityand Slate • Jerry Defaque Please see above tarty Rogers } Please see above iB. Manager. To be determined at closing Page3ol4 1 5^ 890456 OATH OF APPLICANT /declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to/ho best of my knowledge. Amwrr -V /' — rns loan: X ` President I 4-10-89 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers,nonresident manufacturer.,Importers,whofesafers,limited wineries,and public transportation Licensees disregard the section below,) Is this application for a; — New License I I Transfer of Ownership l I Other(specify): YES NO Each person required to file DR 8404-I: Has been fingerprinted Background NCIC and CCIC checked D E The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority, If'no,'the building will be completed and ready for inspection by Weer C.R.S.,as amended, 12.46.117 (1) (a)The local licensing authority shall restrict the use of said license to: CHECK ONE f0 Sales for consumption'OFF'the premises of the licensee;or X (II) Sales for consumption'ON'the premises of the licensee;or (Ill) Sales for consumption'BOTH ON AND OFF'the premises of the licensee. n (b)The provisions of paragraph(1)(a)shall not apply to any license issued or applied for under this article prior to July 1,1967,nor to any renewal or reissuance thereof. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant aro satisfactory. We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the inhabitants,and will comply with the provision of Pile 12,Article 46,C,R,S,THEREFORE,THIS APPLICATION IS APPROVED. Loaf Lhnsg ANPanry LD,Na: L.al Utnsh0 AudwAy for. O TOWN,CITY Weld County [Rf COUNTY snn.rv,.: , mat Chairman, I Data: ` /� Board of County Commissioners I 5/15/89 sa .A..n: ma.r—ti oa.: 1.\\_,( s-nr4 l .74;e-.c.o 1 l � 5/15/89 If premi are located within a town or city,the above/approvsll should be signed by mayor and clerk,N fn a puny,then by the chairman of the boa f county commissioners and the clerk to the board.if,by ordinance or otherwise,the local licensing authority Is some other official,then such approval should be given by such official. • • Page 4 0l A TTACBMENT FOR STATE APPLICATION Question #8 (A) : Denials to Total Petroleum, Inc. (Stockholder of Metro Oil, Co.) : 1984 - Two licenses denied in Denver because "Applicant did not have right to possession of property for intended use". March, 1983 - License denied in Durango due to failure to establish needs and desires. Denials to Metro Oil, Co.: July 16, 1987 - License denied in Durango due to failure to establish needs and desires. February 9, 1989 - License denied in Lakewood due to local ordinance concerning "500' Rule" . 890456 700 East Spoor Boulevard H.Alan Dill Arthur KeithWhitelaw Ill Denver,Colorado 80203 Robert A, Dill Lucien J. Dhooge Telephone 303/777-3737 Jon Stonbraker Charles J.Carroll Daniel W Carr Joseph M. Elio FAX 303/777-3823 John A.Hutchings DILL and DILL A Professional Corporation April 26, 1989 Weld County Commissioner' s Tommie Antuna 915 10th St. Greeley, CO 80632 Re: Transfer of Ownership Road Runner Dear Tommie: An application to transfer the ownership of the 3.2% FMB Off- Premise liquor license for Road Runner #283 was filed with your jurisdiction on or after April 20th. The information regarding question #2 (store number) and question #3 (phone number) was left blank. The answers to these questions have been provided by Metro Oil Co. and are as follows: Store #: 2748, Phone #: 776-7101. I believe this should complete any missing information on the state application form. If you have any questions, please call me. Sincerely, / Dorothy/X. Martinez, Paralegal 890456 STATE OF COLORADO DEPARTMENT OF REVENUE <.q wu;Armor n ea 1'. 117101.0,M111140�4rnndn 1n e.i V Ih u„•i.(oLnddn 80261 Room 600 November 3, 1988 Liquor Enforcement Division Phone: (303) 866-3741 Metro Oil Co. Vicker's P.O. Box 500 Denver, CO 80201 Re: Chain Store Application for Metro Oil Co. Dear Sir or Madam: This is to advise you that the State Liquor Enforcement Division has, at your request, created a "master file" for the above-listed applicant. As of the date of this letter our master file includes the following items which you have submitted: 1 . Individual History Records (Form 404I) for the following persons: Gerald Lee DeHague 06/18/48 Lawrence M. Rogers 09/19/62 2. Fingerprint cards bearing the names and birthdates of the persons listed in paragraph 1 , above. All the fingerprint cards have been submitted by us to the Colorado Bureau of Investigation. The CBI and FBI have checked the prints and reportedly found no record of any criminal history. 3. Certificate of Authority or a Certificate of Good Corporate Standing from the Colorado Secretary of State which indicates that Metro Oil Co. is a corporation authorized to do business in Colorado. WHERE EXCELLENCE ADDS UP COLORADO DEPARTMENT OF REVENUE 890456 Metro Oil Co. November 3, 1988 Page 2 You must check with the local licensing authority to determine what documents they may require to process your application. Please feel free to provide them with this letter --- as many local authorities will not require you again to submit certain documents to them if you have already submitted such documents to the State Liquor Enforcement Division. This letter will serve to inform the local authorities exactly which documents you have already submitted to the State Liquor Enforcement Division. Finally, once the local authority has approved your application, it must be sent to the Liquor Enforcement Division. The only documents which are needed by the Division are: 1 . The approved application signed by the local authority; 2. The appropriate fees; 3. A copy of this letter; 4. Proof of possession of the premises; S. A diagram of the licensed premises; 6. Completed form DRL-367, if manager's registration is required. Sincerely, .1 .• Herbert H. Porter Licensing Supervisor gtb AL120S/17775&5452c 890456 SUBLEASE THIS SUBLEASE is made this 19t+day ct hon7, 1989.between TOTAL AA,PC.Itre'Sublessor)and MEIA0 09.CO.the'Sublessee'). IM considraton of the payment of the rent and the:eminence of the caemania and aaeenent by the Sublessee sal forth below,to Su4bse does heeby sublease to the Sublcsee the fcliaw,ro described Prmises situated at:3979 y 119,tmpna*Cairo 8050!, TO HAVE AND HOLD the same with at to aoowtenaeces.under the said Sublease from twahe o'clock 112:101 noon on the 1st day of May,1989,and vr9 twelve edock Itt 301 noon on the 1st day of May,1912,at and for a rental for the All term snd any subsemimt tors of One Hundred Cobra 3100.00)Payable le one III imrameat 'he Sublessee,in considerate of the subleasing of the ormises agrees es'*c 1. To pay the rent to the remises abort-described, 2, To sublet no part of the premises.and nth to assign the Sublease or any interest therdn without The written onset of the Subtessa, 3, To use the onmises and as prodded in Paragraph 11,below and to use the premises for no moose orohibeed by the Ian of the United Stites or the Stale of Colorado, or of t e ordinances of the city a ten in which sad orris*are located and for no imPrtoer or auestonabk ourooses whatsoever,and to nether peal nor suffer any 9sorddq=der,to or nuisance hating a tendency to annoy or disturb any arsons occuoina adjacent ornes, a, To Glow the Subfessa to enter icon the creMes at any reaseab a hour, S. No assent,apresa or implied,to any breach of any one a more of the agremet hereof that be deemed to taken to be a waiter of are sueaedn;or other breach. 8, !,at!er the aciraba of this Sublease.the Sublessee shall remain in possession,of the remises and continue la gay rent*tit a wren wee enl as to such possession,the such tenancy shall be regarded as a month-to-month tenancy,subject to all the terms oriel conditions of the Sublease 7, The Sublessee agrees to oeactly surrender the ormises to the Sublessor'immediately aeon fuminston,and it to Sublessee re ns in xssesson of the ornses. the Sublessee shall be denied guilty of forcible entry and detainer of the remises,and waning notice,shall be subject to tulle San ivtdi or Without Process of law. 8. This Sublease shall be binding on the oattes,terr arsenal represen',av es,successes and assigns. 9. Thus Sublease shall be ereedve when aoaoved by the Local and State Licensing Sutaites as indicated by the issuance of a new 3271 fermented malt beverage license in the name of Metro 01 Co. C. Sublessee agrees during the term of this Sublease to indemnify and hold Sublessor harmless from and against any and at toss and Ilabi(rty including to cost of dehndre any claims or threatened dens arising from Sublesee's use or aceraSon of the unit on the ormise except to the extent that such Gal uty is attibutable to the negkgmt act amen of Sublessr, is agents or mdcyees. 11. Sublessor is subleasing the remises to Sublessee for the sole ou'eoe of seeing alcoholic beings. SUBLESSOR; TOTAL RA..INC Trte: SUBLESSEE: ME8+0 C � rd - Tee: 890456 arms • 00 z. a .• NJ 1. • I • I�IN_ t L 1 ra • • Io ` • Dimensions on attached page 890456 ., I I 1 a ^) I it ` p� . 1• , 0 V j I • 1 1 �� •f , •r I:, ` �.I I v, ® e. • • 1. ;f CO - 4 V. IL . . •I* .6a•c 1i is �. �� I I li t . I I r"'a/ s 11 Ct� l It " 4 I • i I• {i I .) t • JI j• 1 tl I I i .•,Lei i I, ;I ° i . • , . _. _......._...-T,....(.3.-"_ t r.•000 C ° I I i �•as$ I J 'I 1 \:::&::t _ ii c. _.. 890456 k ) • Pry ,,,,per . •- 17� March 24, 1989 Mr. Jon Stonbraker DILL and DILL 700 East Speer Boulevard Denver, CO. 80203 Re: Vickers 12360/Curtis Peterson Your File No. 2419.56 Dear Mr. Stonbraker: Thank you for your letter of March 21, 1989. The complaint against Vickers was filed by the Glenwood Springs Police Department and was duly processed by the Alcohol Beverage Hearing Board and the City Council. In the final analysis, the complaint was dismissed by the Council acting as the 1ocaZ licensing nui=hori.ty. The case is now closed. I do not understand the concept of "withdrawing" the complaint at this point. The matter having been processed and finally decided by the City Council, it would be a pretense to act as if the complaint were never filed. In any event, the Police Department filed the complaint out of a sincere belief that a problem existed and, as the complainants, they are unwilling to retroactively "withdraw" their original allegations. Because the complaint was ultimately rejected by the City Council, it could not be counted as some sort of denial, suspension, revocation, or other disciplinary action against the licensee. Therefore, I do not see how the existence of the complaint could be used against Vickers in any other licensing action. Again, I consider this matter to be closed. Yours truly, • David W. Broadwell, City Attorney DWB/Esc 690456 xc: Chief Halbert 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 303/945-2575 LIST OF LOCATIONS WITH A 3.2% FMB _LICENSE 12326 8150 N. Sheridan Blvd. , Westminster, CO 80003 (303) 426-6241 2 2327 429 S. Nevada, Colorado Sorings, Co 80903 (719) 635-5781 3 2329 205 N. Main, Security, CO 80911 (El Paso Ct'.) (719) 392-4547 9 2334 5455 E. Colfax, Denver, CO 80220 (303) 388-2307 S 2335 3808 E. LaSalle, Colorado Syringe, CO 80909 (719) 596-5673 42336 1401 S. Federal. Blvd. , Denver, CO 80219 (303) 922-3379 72337 1001 Broadway, Denver, Co 80203 (303) 892-0174 8 233$ 7045 E. Hampden, Denveit, CO 80224 (303) 756-4061 92339 2210 S. Colorado Blvd. , Denver, CO 80222 (303) 756-8611 /o2344 7285 Pecos Ave. , westminster, CO 80221 (Adams Cty. ) (303) 429-7515 112345 715 Wadsworth Blvd. , Jiakewood, CO 80215 (303) 237-7493 122347 1401 S. Lincoln, Loveland, CO 80537 (Lorimer Cty.) (303) 669-0435 )x2348 6140 N. Federal Blvd. , Denver, CO 80221 (Adams Ctv.) (303) 428-7818 1Y2349 6601 W. 44th Ave. , Wheat Rida@, CO 80033 (303) 421-2835 /5-2353 4596 S. Broadway, En lewood, CO 80110 (303) 789-0649 J4 2355 330 S. Kalamath, Denver, CO 80223 (303) 777-0611 172356 3490 Colorado Blvd. , Denver. CO 80205 (303) 333-2371 /92358 12300 W. 44th Ave. , Wheat Ridge, CO 80033 (303) 423-7321 192359 3860 Peoria St. , Denver, Co 80239 (303) 373-1620 202360 2119 Grand Ave. , Glenwood Springs, CO 81601 (303) 945-8419 912361 4295 N. Academy, Colorado Springs, CO 80907 (719) 598-5214 222362 801 W. 84th Ave. , Federal Heights, CO 80221 (303) 427-4963 ,C2363 410 E. 104th Ave. , Thornton, CO 80233 (303) 452-4531 912364 7296 E. Belleview Ave. , Greenwood Village, CO 80111 (303) 770-6190 .52366 5301 E. Yale, Denver, CO 80222 (303) 756-7400 :'42369 803 Riverside, Fort Collins, CO 80524 (303) 482-0302 272455 4490 S. Kipling, Littleton, CO 80123 (Denver) (303) 933-2078 a22456 180 Stevens Way, Silver_thorpe, CO 80498 (303) 468-7719 212461 2995 28th St. , Boulder, CO 80301 (303) 442-0224 302468 1190 S. Chambers Rd. , Aurora, CO 80017 (303) 751-1129 3/ 2481 5710 N Carefree Cir. Coloj ado Springs, CO 80917 None yet 322485 1794 S. Academy Blvd. , Colorado Springs, CO 80916 (719) 597-3492 332487 2025 S. College St. , For; Collins, CO 80525 (303) 482-9235 512496 8263 S. Quebec St. , Englewood, CO 80112 (Aran. Ctv. ) (303) 721-0980 552498 8500 W. Crestline Ave. , Littleton, CO 80120 (Denver) (303) 933-2076 34 2499 7607 E. Iliff Ave. , Denver, CO 80231 (Arapahoe Ctv.) (303) 755-3878 372621 1884 Folsom St. , Boulder, CO 80302 (303) 443-6455 322622 200 W. Horsetooth, Fort Coiling, Co 80525 (303) 223-7107 39 2623 221 W. Prospect Rd. , Fort Coiling, CO 80526 (303) 484-3451 • • . .. 890456 Ca ORADOOEPARTMEnTQRfifvEHUE „; ,..« .. DR 4401 uOUOR ENFORCEMENT avISION INDIVIDUAL HISTORY RECORD Denver,Cobndo 80261 To be completed by eackindividual app1+M.,otieha erntand ow05 Umded parlt?(of apwtAe&l oacti Oar.dirsctpy.an4:_. over 5%stockholder of a public=potation,and the manager of the applicant NOTICE This individual History Record provides basic INonnatbn which Is necessary for the licensing authorities'investigation.ALL questions must be answered in their entirety. EVERY answer you give wil be checked for kstrut dulness.A deliberate falsehood wilt Jeopardize the applications.such falsehood,within gaff ao[Wltutes,evWnroe tepvQlnDtbekthareCter,altd:reputaflon;of tRe; applicant 1. Now of Swinees: Dart OneW Speurtly Number: Metro Oil Co. 4-18-89 527-29-0322 2. Yew dud Nernst PSYhsVmlOee) - - 7. Arm Known AE (matdn rrrrrsnaprnr.elo:) ., Rogers, Lawrence, M. I r v 4.)Mailing Address: Of different from rerdrno.) err T.rprene See below 791-2894 5,Residence Adders tweet and mmthw,my..tale.zW - --- 720 E. Walden Court, Highlands Ranch, CO 80126 O. Is your rnldeno.: K reseal.from atom?. - .--- ®OwNEO ❑ RENTED N/A .. 7. Dar of Sinn: Plate of BIM: a US.Can? 9/19/62 Monteray Park, CA EYES ❑110 K naturalized.state edrre: WMn: Nine of US.Paula Court N/A N/A N/A Naturalization CartleesY No.: Os.of Castes: K an aim.cow nwfa Regrpedon Cad No.:t'..,.. ..Rsuidrre Card No.. N/A. . .... N/A N/A N/A 0. Height Weight NW Color. Eye Corr: See: Rue: 10.Do you have a Corrode Dews Lane? dyne give number. 6'2" 220 lbs Blonde Blue Male Cauc. EYES DC F611577 11. WM Is your nWlomNp to the applicant?(sole are.partner,corpora*dflw.dream,stodOrorw at m.n.pe0: Corporate Officer and Director 12. If Sioo jiddw,Nuntw of Snares Owned INmfl0Wly or of Record: Paaant of atawnang Stock Owned: N/A N/A 13.If Patinae,stale whedw: Percent of Partnership Beseoos ty Owned: N/A ❑GENERAL ❑ LMTEO N/A 14.Nwoo Of Present Employes: 10.Type of Swine'of Enprymenc Total Petroleum, Inc. Oil and Gas_ 10.Address of ausYres Who.Employed:(aunt and number.my.err.zip) Starnes Upton: 999 18th St., #2201, Denver, CO 80202 291-2185 17.Present Portion: Secretary/Treasurer 18,Maria*Status: tS Name of Siam:pWude rmren nine If appdosbr) Married Marilyn Ann Rogers (Flores) 20.Spouse's Date of Binh: Spouse's Plana of MM: 3/14/62 Florence, AZ 21.Spouse's rwdeao.address.If different den your:(dtr seat and runber,des,Oa cep) Sane 22.Spouess Present Employer: Ooc padan: Sic Corporation Sales Reresetave 23.Address of Spouse's Prevent Employer: — Corporate Address in MilfQxd, CT 06460 24.List dr Motels)of all rerdves wo*Ng In de'quo IMesby.give their. Nan of Retadve: Rei.dwhNp o You: Potion 1St .None of Employer: Lassen of Employer: NOt1,e • CONTINUE ON REVERSEIIDE ��aQ� �+]�� W� .._— • ti: • 24.0oyou no..atna you re 4q seed*bylfrsatnlersanaMssd CobndwLlpara MwLMsrss? rya,'war MOMS, vas ❑to Metro Oil Co. `d' a" hol sntaoerous 1 fquor licenses in Colorado. 2tCoypu ntoy.fra you wttd seater Minn hrrsf slsa that IlOon ,arlssnarpleyAN.rataW'Sw lsrtWsyseaatllsdratialo Colorado? rya:dnaterdetaiL ., OvEa °®tor 27.Nora you ear baan r d d•almo, red,Mato...,plasad'm'r..t.ZaGnoaSarNapagdwdsnawalla tiltsrnrdWMina SW way oast?(cond include Mb sabot ueNw Way wadedla swamis'at tSo<ofyovaMlsformes,apauwaso. asdalaMpaldertoraw of a10000lt baarapsa'ryr,',aaWghdss. ..- . ._. .... OYES .®►o 20. Have you war salad•.bldon alas.aspastn or nwwbn ar•rsor In rolalal.a bssn danlad•dasr a boa kiss oysters In LIST Myra:wain In deal. fans r, Denials to Total. Petroleum (stockholder Of Metro Oil Co.) 1984 two licenses in ��De��rrn,llver, 3-83��one license�� pp in Dutr�a�ngo, Denial to Metro Oil.Co. 7-87 in Durango, . 2t Hen you~held•tUlirt ao hotgosuriwwW awla M4gsana-7 atiaiplan In<abdl Wow.' ❑TES ®110 Sawfsded: Tow: Ca: Saw. SWOFssod: Tor. Ca: ran: • 30.Mary Sauna:(tenon) From: To: Sn No.: Type of Oloolo row Nong 31,LW a address whoa you has Mod for do lag m ywaa. aac i apse shoot If nsa.wy) ~, Sat eaNaas C*.flat 2ig Fnnr To: See attached • 32.LIst a(onaar.mpb)ss a businesses•r0•Gsd In whole M last Mayon,ptach wan,*shoat d mossor,) Nan of employer.. Adana tweet,wmba,fry,as,bp) Parton Net Fr; To; • Total Petroleums, Inc. 999 18th St., Denver, CO 80202 Sec/Treas 8-81 Present 33.List es ins and•e•M Inn of norm randoan from fires posers veto ore morn bryourdwd arose end flans la aoonocao wit•this applka0on. Name of nbrsna: Ames;(at,.arse,ea,erw,yip) No.al Theo gram Dave Hocks 11050 Pyramid Peak, Littleton, CO 80127 5 Joseph. N. Borman 230 Madison Street, Denver, CO 80206 5 Neil R. Dailey 6268 S. Elmira Circle, Englewood, CO 80111 7 OATH OF APPLICANT I declare under penalty of petlury h the second degree that have read the foregoing application and all attachments thereto,and that all Information therein is two,correct and complete to the best of my knowledge. TMIk ma: X M L 147-ir Secretary/Treasurer 9—l4.—g9 • ei' : Attachment for Individual History Record, form 84041 #31) 720 E. Walden Ct. 3228 S. Garrison, #249 Highlands Ranch, CO Lakewood, CO 3-86 to Present 7-85 to 3-86 6000 N. El Camino De Terra 4135 N. Western Winds Dr. Tucson, AZ Tucson, AZ 6-84 to 7-85 7-83 to 6-84 8904456 h TO WHOM IT MAX CONCERN: Y have known Jf t for years and find him/her to be a person of honest and sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity and judgment to responsibly handle a liquor license. Signed, a Print Name: ,41/at acieS Address : /1U50!'ye,v,,,agalIC L r, c„; C0,86127 Phone Number: .0x1/�o?/745 Date : 747/0e 890456 • TO WHOM IT MAY CONCERN: L,/k4\ I have known 1, ) S for years and find him/her to be a person of honest and sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity anc3 judgment to responsibly handle a liquor license. Signed, I I $gnature Print \ Na a: y Ju�t� \Culmn.+ Address: 13.znAo„ V . 5 ;, Phone Number: $31V(,j,4 Date: (A147., 890456 TO WIIOM IT MAX CONCERN: I have known for 7 _, years and find 'm/her o be a canon of honest and sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity and judgment to responsibly handle a liquor license. Signed, Ca:94:Qefr d gnatureeJ� / /- , Print Name: ge/ L l ,/Le Address : !0268 . Nq/ewood ca fa. 9 111 Phone Number: 75/% a,y99 Date : '24inO 890456 COLORADO DEPARTMENT OF REVENUE uottoa ENFORCEMENT.awsloN INDIVIDUAL HISTORY RECORD t3759tennsn'�aeet Denver.Colorado 60261 To be'oompkdad'by each Individual*Ma'M.each general andov r 5%NSW pawner aapartnership.*itch Cadet,director and. over 5% stockholder of a public corporation,and the manager of the applicant NOTICE: This Individual History Record provides basic information which is necessary forth aoenaknautlgrkks Investigation.AU. questions must be answered in their entirety. EVERY answer you.giv veal be checked for Its truttduktesa. A dsabarets/tleehood will Jeopardize the application as such leb.hood-wft In keel constitutes evidence.regvdMgthe obaraciar and reputation ofthe 1. Name of auwees: 't1a.: fete aessey►aaae.r. Metro Oil Co. 4-10-89 479-6Q-9466 2. Your Pull Na(roVere dle) 3 Abl(nesnM:(madnlw eraciname.rW DeHague, Gerald, Tee Jerry ' 4.)M,fYng,lerety: (u 44104 ltmn olds oe) Name7aeahate See below • 791-$7$4 �... 6.RseMsnoe Address: (sew and wneer,eb.We.* ,:... _.,. - 2215 Thistle Ridge Circle, Highlands Ranch, CO 80126 --_- _ a. Is your residers n rented.hem whom? . _ ®OWNED C RENTED N/A r. Otte of BIM: Place 0f Mil e. uacftiz«,? 6/18/48 Burlington, IA OYES OW If naturalized.stye Mere: MMen: None of US.0istaa Cart N/A • N/A N/A Naaralizadott Certificate No.: I Oa of Cereals: s an mien,0he Absent ReyersOn Cry No,;Prated Residence Card No N/A N/A N/A N/A P. Neiptc Wight Malt Color: Eye Cob: Sex: Reset 10.Do you Ian a Colorado Driers Lamm? dyes.'give number 6'0" 195 lbs Brown Blue Male Cauc. ®YES OW P792559 11. Whet Ia yaw olatanWP par applicant?(sole owner,parrot,corporals as.flan steduMdr or msragar): Corporate Officer and Director 12. If SbCkndder.Sacs.of Shares Owned Beneficially or Of Recant —Percent of Outs ring Stock Owned: N/A N/A 13.If Psis*,state whether ProsM of Pretesbp Beneadsry Owned: N/A ❑GENERAL 0 LIMIED NJA .. 14.Name of Pteasat Employer: 16.Type of&Melees of& aymnt Total Petroleum, Inc. Oil and Gas tc.Manes of Business Where Employed:(avest are rsrMer.cab.rah.SIP) NOM'Tslepnme: 999 18th St. , #2201, Denver, CO 80202 291-2303 17.Rosen Poeldon; President 1$.Marital Stoat 1e.NW*of Spina:(sues maiden awns d_______ Married _ Debra Ann DeRague (Peichman) 20.*sal Dee of Binh: Span%Ram M s,* 5/15/55 Dawson, Nod 21,Spouses reeksnos address,If diller.m tan votes:Wive sweet slid number.COI.W.alp) Sane 22.Spouses Present Employe. OOrpWmr: Donald G. Peterson - attorney regal Secretay 23.Address of Spouses Present Employer: 2121 S. Cneiga St. , Suite 5254 Denver. CO 89224 24.Lie did name(e)el Si rWres wonting In WO sauce Industry,one Weir Name at Relates: Rotations*to You: Portion led Name of Employer. Location of Employer: None • CONTINUED ON REVERSE-SIDE . _ .. 417 , . ; 890456 26.Oo you nos,or hanyou eve MWtractor MONO Sivas i•saaea CalaMo Ulm a Seim lam*? ryes:sowMdtS. ®YES NO Metro Oil'Co. d/b/a•Vickert..s holds numerous liquor licenses ,in Colorad 2s.Ott yo enr.r hawyw..rhd aS an nrsmthapv or Nos Yore,.rbata.,'dAa h■astotor:lwrnmsatu YonaSW►att Sad.. Cakrado? RdraWe Nd.1W. . 27.Hew you se Non nsr.ed•atM.rrrk impriona.p••eetr poor•'-►eoMd•e sordid warto.r INNS oaS wants Mend or easy ern?(Co rot mauls vfl*slam unless May rrat d r.usartr•n r moron°typo More Aortae.r you rreeo%N°rd NOW,oar ow ammo Wald Wlaowotsga4 Rysa:eaplWlle d.rA.. ... .,.._ ❑YES ®NO 26. Hew,you.wtr w0•*Wmmat wprrMrNwwOtm bra 6purStS O"of boon Wad•6iwr bear kerrea,,utrefMU.S? flee. erplrn h dM etlials to Total Petroleum (stockholder of Metro Oil Co.) 1984 two licenses in ®vus Q Ho Denver, 3-83 one license in Durango, Denial to Metro Oil Co. 7-87 in Durango, Denial to Metro Oil Co. 2-89 in Lake cod. 20.Novo you.w holds WONG rgroneno kenosr oared•FENS or b.%Slo pT rise OIW%Nsraeedr.. OYES 03 NO Sias/Fod•rol: veer Ob: sow ssc.drlt Yet Clay: - saw 30,Wary Woo:(ban$1) From To: serW do_ Typed Olrlrrgs None dl.U .t Naast4 s you Mn ISO kW dollar Rtr y.en.(Aoarl wpr.r VS It n.wt.rry) Snot ea Kerter ( Cay.SON.Z Fr To: 2215 Thistle Ridge Circle Highlands Ranch, CO 80126 6-86 Present 12901 Wells£ord Circle Anchorage, AK 99516 6-84 6-86 16236 N.E. 46th Redmond, WA 98052 6-82 6-84 72.toll J lamer.soy..or Solna &op0ogod N w1Mtt IS is inns.(*MSi spew Safi R naor.rv.) Nfl d e apb)"r. _Adren:(real,tr..bet,dry,mr,rp) P05101.SIt Fvm: To: Total Petroleum, Inc, 999 18th St., Denver, CO 80202 Preseident 6-86 Present Northstore Corp. , 701 E. Tudor, Anchorage, AK 99503 Partner 6-84 6-86 Southland Corp. 2828 Haskell, Dallas, TX Merch. Mgr- 1973 1984 33,Us ow oar and sued'Son of moo mtrdJon from tin prton woo or veudt tryout good draw end*IS In mr.edon with No appi°den Nim of relrence: Ades..:pe"r,este,city,SS) N°,d vers wan: Edward W. Schwacke 12175 E. Ohio, Aurora, CO 80012 2 Nick Bambach 2804 S. Paris Ct., Aurora, CO 80014 2 _ Neil R. Dailey 6268 S. Elmira Circle, Englewood, CO 80111 4 OATH OF APPLICANT I declare under penalty of pedury in the second degree that f have read the foregoing application and all attachments thereto,and that all information therein is true.correct,and couplet°to the best of my knowledge. shamus:us:?LA) '_ v ^ • MN: Ore: , v ^pe- President 4-10-89 earl:" �t.L; 890456 TO WHOM IT MAY CONCERN: � p1 I have known V,¢te,t y s,..t — for years and find/ him/her to Jbe a person of honest and sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity and judgment to responsibly handle a liquor license. Signed, signatu Print Name: S-Occ+prp td. Address: lams- e. oI. o toe/ Phone Number: 35/3-78 i'/ Date: 74742" 890456 TD WHOM IT MAX CONCERN: I have known Z1 JOe ic6 for years and f'nd him/her to be a person of honest and sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity and judgment to responsibly handle a liquor license. Signed, �zg azure %Q�� Print Name: i% cc £94M H Address : atoq S, RAA,s C7`—" ALuilot-,Q, cc "GotV Phone Number: 3 37- 43 5 f Date : 890456 V TO WHOM IT MAY CONCERN: I have known for '7" __ years an ind hi /her to be a p son of honest and/sound character and has the background to maintain a professional approach to the liquor business. It is my opinion that he is the type of person who has the maturity and judgment to responsibly handle a liquor license. Signed, �xgnatu / Print Name: /e, l /J Address: Cp� �p ? Orgies:7° ?-41 --tvalf ewsie d Q,/o• 7a/// Phone Number: 741/ �1f9f Date : 7/ / 890456 • State of Colorado AFFIDAVIT County of Denver Affidavit with respect to Source of Funds to be invested with the following applicant: Metro Oil Co. 1) The amount to be invested in this enterprise is: Approx. $900,000 2) The source of said funds is: Internal corporate funds from Total Petroleum, Inc. (100% stockholder of Metro Oil Co.) Metro Oil Co. Xzy: /1--A-404- 4 Subscribed and sworn to me this )0th day of April , 19$_„x, My commission expires: _ 1-22-92 ,DatodU• Rcr4 4 Notary Plic 890456 ov � cat Tti Vii, .. �'wc ^i O w *K . ( g s, ' \.' � STATE rt / - RADO DEPARTMENT OF STATE CERTIFICATE I, NATALIE MEYER, Secretary of State of the State of Colorado hereby certify that the prerequisites for the issuance of this certificate have been fulfilled in Compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me by law, hereby issues A CERTIFICATE OF AUTHORITY TO METRO OIL CO. , INC. , A MICHIGAN CORPORATION. DATE OF QUALIFICATION - NOVEMBER 25, 1986. Dated: JULY 29, 2988 SECRETARY OF ST741Pj Lisa ■ 890456 O COlO t i yo ■ 1 ,1 , - -•1 I STATE �o_ f.ono DEPARTMENT OF STATE CERTIFICATE I. NATALIE MEYER. Secretary of State of the State of Colorado hereby certify that According to the records of this office METRO OIL CO. , INC. (MICHIGAN CORPORATION) has complied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business or to conduct its affairs within this state. Dated: MARCH 2, I988 I ke->L'i 3614:4"d RETARY OF STATE 890436 •• ( .) .: , Q;,--__:"., 4 etyiss-e&H„-$.,,,_- -„, f.,_,,..,. .:,- ,,,.• .Lia-..- cr...-c-tra----O uns) .„ 1: '• i: •dn9 {,� rP�3.; J s .a +++%X%iiifff. 1 ; 1I 1 ..., ift.q.ewl - �= �• c iciji Ogan pcpartment of trea5urp rra . t acisapas ada amiss Ski a .- • falece, Seas/&�S a1 S- n, tea,, • ` METRO OIL CO. 14-2e dsiidi!!z ye es (/Lei 31st 4/ •March ,/�7z, - a Call a1 ,/�/ 2/ da et/ • •. �aainukti , (irk cdrL, �///�,� . kdondjard//cswf *th • • ' l/ fryd • / as�/c u"f, �/ud 31st e a .• Maw 19 7, • • - . adage, C.2103 ^:e1.5"11 - 890456 I..m.fly C2401) • Cclam, STATC Cr MICHIGAN C>• .- MICHIGAN OCPARTML'NT Or TnLA..LRT _. _ COn►ORATION DIVISION . LANSING. MICHIGAN DO NOT WRITE IN SPACC 5CLOw— FOR DCFAtTMCNT USE ( 1 �OTt Dale Wn:ad: h;?,2 2 81972 • Mail OSC signed and acknowledged cope in: , • Michigan Urpariment of Tre' • Corpor.lm1. Division 1 1 •••'•'r rC''P.O. 1 • Drawer C lousing, \IicL:gw 4VRN �" E Iii iI(y„V ,^��Pr :.I. J ' Mani.WM,m.r. M LHs.M1 `1T11-,1 • FE:CS: OF 7f?'p,SURY Whog Fee ma, . __._._....._....... 61U,b0 MAR 31 197 ''_---...+...: . Franchise Fee—% mill on eaelt dollar of • • imt nrind capital Mack With a minimum q. franchise for of.._..._...._.�.....,_,_:__,..SS.00 (�ea_ / *v.... (Slake fee payable hi State of ?Iichig..n) e ' ARTICLES OF INCORPORATION . (Profit Corporation) • . These Articles of Incorporation are signed and acknowledged by the incorporator: for the purpose of forming a corporation for profit under the provisioau of Act No.327 of the Public t • Acts of 1931,as amended,as follows: • AMTICLC I. The net er II...tate,.liea is_rams) OIL CO. AaTICI.C IL \ The rwre.H e. thoth.e.f.iihwl,IM^wt.e/.I en u Iom.A rN ^,NnM1, To buy, sell, distribute or in any other manner trade or deal in . gasolines, motor fuels, motor oils, lubricants and petrolean products of all kinds and descriptions; to construct and acquire by purchase, lease, or otherwise, and to own, hold and operate ' gasoline and automobile service stations and, in connection therowith, to sell and deal in automobile tires and automobile parts, equipment appurtenancos, supplies and accessories of all kinds and descriptions, and to service and repair automobiles. truck: and other motor vehicloi; to manufacture, buy, sell and ' generally deal in goods, wares and merchandise of all kinds • and descriptions; to acquire and hold all such property, real, personal or mixed, as may be convenient in connection with any , of the foregoing purposes. . , T. • . • Le 0004 IS sorry is any bubbler.hi..w.eaM.Ilen..nb cad J..n4...I thereto re h.%.I In by the Lift.!the bane.1 MMuarn.ust was.11 Ile News thalami up...awpwA.w.I. the Lan el Y.SUM el?I.chyr . • • / _ ARTICLE III. • I,y.thin al the rim,,Teen t dr..hi • • • '2700 ranobscot Building _ Detroit Mayne Math,•,4f2ZL w 1X., U.. l •_ 1�' ic—ti a..-°o • hw.dl:...Wn.d the hid ..vhinal.eli..M. 2900. ng_ __'PC?DbLCOL IYikpi Detjrp}t`stat..a.I..d �4_ , l l...1,Ml... .n w..r IGNI ii...r.. r 890456 / METRO OIL CO. CONSENT ACTION IN LIEU OF MEETING OF DIRECTORS The undersigned, being all of the directors of Metro Oil Co., acting without a meeting as permitted by Section 525 of the Michigan Business Corporation Act, as amended, does hereby consent to, approve and adopt the following resolution: RESOLVED, that the Corporation acknowledges the resignation of Neil R. Dailey from his position as President of Metro Oil Co.; RESOLVED, that the following individual is hereby elected to serve as an officer of Metro Oil Co., to hold office until the next annual meeting of directors and until his successor shall be duly elected and qualify or until he is removed or resigns: Gerald L. DeHague President DATED: July 5, 1988 91CA-reekt L, erald L. DeHague Leta— gail- Lawrence M. Rogers 890456 METRO OIL CO. CONSENT ACTION IN LIEU OF MEETING OF DIRECTORS The undersigned, being all of the directors of Metro Oil Co., acting without a meeting as permitted by Section 525 of the Michigan Business Corporation Act, as amended, does hereby consent to, approve and adopt the following resolution: RESOLVED, that the Corporation acknowledges the retirement of C. N. Cummings, Jr., effective June 1, 1988; RESOLVED, that the following individual is hereby elected to serve as an officer of Metro Oil Co., to hold office until the next annual meeting of directors and until his successor shall be duly elected and qualify or until he is removed or resigns: Lawrence M. Rogers Secretary and Treasurer DATED: June 1, 1988 AeLuere te Lawrence M. Rogers 890456 j{s r'/,,nj <kA%f /aft".. 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Amendment to in Mid..of lr.<ap:roKon tW� + p+lruont 10 1* pry.i/•On. of Section 031, M 204, Public Act. of 1972, us omoMwll �/'}Il ` IH;i2� I. to nano of ow raporolion a Total Leonard, Inc. i a t �]M'97 East Superior — i a�," 1 t. 1T. kcation of tar .,.Ci,w..d «H�<e It p� for Street l); F( 4 �t i f>• ...w A'rot Mkhken •Ct301 t rr . a5l ��Ty� EI}t (/..w.MI ¢MCNrf �, ` S.t'+tS fi• h+r 4^ 4 " . J. ;kb 1eilONlA♦ gnwrdmMl le Ian AMd..'.a IIWr'onatiee .m edo,n.d en Ile. . l:rh day d • r•.411.if 4r . ^, Noveaber . )p.!. (CA.I<r e...« t.fal0..M0) - ,' Vi, !T1'L-�'a".!11 CC .1.• a.f AA* An 1 1 F l .!. revs r b.w</ egrY.y,nZ M .�.Me. �.. r A! tr `yM.( . _ *or d *nu a moo* soar w•••orI ,p. 1 11 r. j..cYv 1; • t I ~r.dwr w l.rr m it .mod r ~ •r A. a.. 4..�.ww .w. .) wb. n.rwo M /►'eke 1. : y11 . .to f , 1 tot 1K RII.M.r MIL w r..1.YLL Ymnw r• ►r..«.IrM. Y « �t �%rS L'w .. as wrr le trey tot tow «.V ere 1.+1.r1.r ii ' ' ewe ere.. t/.w.w new •AMY t.•'ti Y. y*,r t:.5,.\,, �! r IY! ...i..I.rw a N Y =w..w.tN r..r V ew.iw .14. 1..o... W t t.. + . ti . t. /M14 i/.' w .rwlLi G y 1K.0•>t...An► }. !*'IdR S 1/1''T"rr�A • , .b ,•. • , . . . n•:'1'.. •,.....:,,,,,;;Q:,,' lye i rr� 1FIN VM«.d. thee Merle x-of the MW. e1 MwponrKew be weenitd I.nett N M jpn • Mide t Y .7/ 41. . Ihr ' bevg .n..nSod M nquM.d I. Y. will .ask M IM wMny.) >• r. «T�••IIIThe names of the corporation is Total •Petrot.Wp, xl� , Y • 1 r eltrd P..* ,A,+' t to bo oftective Jutwt' it 1977 . tc. 1 f'rrr .C;r�2?'✓ '�'i'� ea 't14. • �,,. .` 7 '� rSnl� * 441 11, ',+err / ( 9+f1f .�.,, •y4 • *i.'„,:2..;;•••?. I...)7,,,u 1•i.• t^t.. s ,,+��.i, "t 4 A ^ ?Id' 4., ,fltioll • ! P0,41:114b1 ni ^J«:. f « ? tALLti yr �1 •ic:0 T FA 4 " 1� • TOTAL LIONi1*D, INC. • • ' A t, tfi.< l,{ _•— Cows Nosy �•tl At, i P .� Il.bwr.Y Ir.r..r, rw.Ml'..4.M. Peer*sr «twO.r.wV -. < • rot p4�p P. U. Cucknnchr, SAnior Viols Provident •' ' t r 4+11 41 Jt i , `Seto. Went Iftl—YSC Ar -./w140`i*,brr . _, It...7 + {jV,r .yl�r��.\�:� �)f ._,e�. ^/ • II.. M........w Iw..r a',wl + . •o't•tlf�/ .-111 I/� Ida 990456 r.w LtI 700 East Speer Boulevard H.Alan Dill Arthur Keith Whnelaw111 Denver,Colorado 80203 Robert A. Dill Lucien J. Dhooge Telephone 303/777.3737 Jon Stonbraker Charles J.Carroll Daniel W. Carr Joseph M. Elio FAX 303/777-3823 John A.Hutchings DILL and DILL A Professional Corporation April 20, 1989 Tommie Antuna County Commissioner's Office P.O. Box 758 Greeley, Colorado 80632 Re: Transfer of Ownership Road Runner Dear Tommie: Enclosed please find an application to transfer ownership of the above mentioned license. This application is currently on the State Department of Revenue's Master File System. Each of the corporate officers and directors of Metro Oil Co. has submitted Individual History information, been fingerprinted, and been cleared by the Colorado Bureau of Investigation. This application includes the following: Master File Letter State Application Form Financial Questionnaire or Source of Funds Affidavit Individual History Record for Gerald DeHague Individual History Record for Lawrence Rogers Corporate Documents - Certificate of Incorporation, Certificate of Good Standing, Articles, Minutes, and Stock Certificates Lease or Sublease Floor Plan Any special documentation or forms required specifically by your particular jurisdiction Manager's registration will be filed when all information regarding the manager is received by this office. If you have any questions or need anything else, please call me. Sincerely, X st d 71tryrrD i2 Dorothy X. Martinez`'' / Paralegal Enclosures 690456 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3.2% BEER LICENSE ISSUED TO C. RAY AND ROBERTA HINDERLITER, DBA 1-76 MOTEL & CAFE - EXPIRES JUNE 23, 1990 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, C. Ray and Roberta Hinderliter, d/b/a 1-76 Motel & Cafe, has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a County Retail License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption off the premises, and WHEREAS, pursuant to Weld County Ordinance No. 6 , Section II. , C. , said applicant has paid the sum of $57.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of 3.2% fermented malt beverages for consumption off the premises, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 35929 1-76 Access Road, Roggen, Colorado 80652-9609 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-15 to said applicant to sell 3. 2% fermented malt beverages for consumption off the premises, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until June 23, 1990, providing that said place where the licensee is authorized to sell 3. 2% fermented malt beverages shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 890459 1-.C.-0010±) Page 2 RE: 3. 2% BEER LICENSE - 1-76 MOTEL & CAFE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: t'`^ eel WELD COUNTY, COLORADO Weld County Jerk and Recorder .c-1 and Clerk to the Board C.W. ii'by, Cpf irman H1L e1 a e JoSison, Pro-Tem Deputy County C erk 2 Sect APPROVED AS TO FORM: ene R. Brantner (7414,^- - George e T/" County tt rney � . La 890459 / ...1(R�1T. 1 IIIMA.1f-M,fIM�Y...1./.111 IIIM.I.�{-MI4i,M.-lrl.Mlll�nt'::MI..M^' M= il@ ogC0Ilor • c2c) DI D - �cu.It off ®ono `1 Liquor Enforcement Division 1375 Sherman Street )). Denver, Colorado 80261 ( ,; (t-cir:i HINDERLITER ROBERTA HINDERLITER C RAY I SEVENTY SIX MOTELS CAFE 35929 I 76 ACCESS RD D iI tLI ROGGEN CO 80652-9609 (i 4I I . Alcoholic Beverage LicenseI I AccountNpmper C9anry CAW in0�+1. Troe L�T'D�ul LICENSE EXPIRES AT MIDNIGHT 14-27452-001 103 206 7011 5 062487 JUN 23. 1990 Type I New rd Dsoblon of Loam. I Fee IcO J 3.2 PERCENT BEER RETAIL LICENSEi s 25.001 i0 I 1 (1iICOUNTY 85 PERCENT OAP FEE S 42.501 IToutnEs) $ 67.50I DI This license is issued subjec[ to the laws of the State of Colorado and especially under [hc provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non• transferable and shall be conspicuously posted in the place above described. This license is tifriri only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 Sherman Street,Denver,CO 80261. II In testimony whereof,I have hereunto set my hand.Rill" iIIff MAY 2 4 1989 Executive Director D i 890459 E rl, `4 Twµ"� Jw P/1111, ^�(jJ" �1' ' rr 11 p« Van /lJ,lvt!' •"".- r i.... v V !, ,fto {r1 j 4Jf<d, r\; ! 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V AVi;', 1-k4: WV,. 1 1"9J, 7 M i<rArk.'," ^ A �!! r ,t. h �.� / ti b / T�, i Q +r.r. w ... ..'.'.."' ,/1 I xr .All etidr, Nd + F..' , ' o•.F+ Vir! 't F• I Jf, �ni' Vie f P r? l r ri+ �� /��r/3�iv��'jt if. �.�qty. f y i�r w. .< < . 1� f J y� 4:1114°f H)Itt,i" Sri ,-•l.`.• 7 ryis,Ki�1`".M{r,7 / 18*).Z A:VAC .02.1/4•4:0‘ 17,t �. r!• • *W'`ti ld?, ;: i 1 • i ":11 ry 1 1 r 1,1°P, r ""11 rr -Ilk ik r rrg " ri } " r •R"Nrw <• R� J p 7 1 f1J . ," t rlilt"r ��)1 P�y1` i Pitt MA cif t l �V1 ?f j1,t 6, 3. k� zl. Gal r /t '\ '7 +� C�d . 890459 6St06S ,,fr.R-. +,,.,....-.........,...,,er•.wl rr -•-. ' aPoro ..� n ' • oaf ,S , IJk1 z g o xya g P � ONrx a \ I m � � m p > c" 9. 9 , , $ • ,., ,21 (; -O o e Nl O .4 M • So O Tflj o � it Pir 'i O1:3I I i � 1 i . it , II PS Form 3800, June 1985 ro r. C) - ,--' QQ ,'�� O 4 s i.n I - a l 5 Zj • 9 1 a �yy yytl �\ ' r f al z• O O K m '' dr'',5 l 61 "II O 00 O =� \�V\V �' 2I a ax ,m r Et r 3 I !3‘ S x c, e 3 Cr I 3m N ; , �60 4. r a r III ! I z DATE: 5/15/89 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: ROBERTA AND C. RAY HINDERLITER, DBA I-76 MOTEL & CAFE P.O. BOX 28 ROGGEN, CO 80652-0027 TYPE OF LICENSE: 3.2% BEER RETAIL SHERIFF'S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED. - 5/11/89 HEALTH DEPARTMENT REPORT: 690459 A \- • OR 8400(3/88) t� Colorado Deparmnent of Revenue LIQUOR'OR License Number; License Type: Liquoj375 hermament treet 3.2 BEER LICENSE , 14-27452-001 J t3)S Shannon Street Denver,Colorado 80281 RENEWAL APPLICATION Liability Information: 860-3741 03 206 ?till 5 Cb24a? rtlNDrttLITrR ROii RTA Business Location: rrI.NO:RLITfK C. RAY 35929 I 7o ACCESS it I SEvLNTY SIX MOTEL` RUG ytte Ck` C A I=t Current License Expires: PO Via 2 i JUN 23r15/r1 n.)(ilsi_N CO i%i G72—U•../7 ©U L ll icau m U V ©©p Y YOUR PROMPT ATTENTION IS REQUIRED.FAILURE TO COMPLETE TN/S FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. •Fill 0O THIS FORM COMPLETELY, MD CHECK APPROPRIATE BOX BELOW, uThis renewal reflects no changes from last application. •SIGN THE FORM There are changes from last application.(Report changes on •ENCLOSE TOTAL AMOUNT DUE !own DR 8176-'Report of Changes-Liquor and 3,2 Bear •SUOMST FORM TO LOCAL(CfTY/COUNTY)LICENSING AUTHORITY FOR APPROVAL I lernitae and»mach that farm to mi.,renrwrnl annlientian) •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES I declare undaponefly of perjury in tho second degree that this application axial;attachments we Liao,correct,and complete to the best of my knowledge. Authonza ig re: Dnle;r��8R 1 i usm��F' G7 Title of Sig (it corporation): / // NQ' Tax No. ` ((/�� R7yr - SUUMIT SHE STATE COPY A A1A(• '/ • t liStRITY COPY TO YOUR LOCAL(CITY/COON ) CENSING AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION: Wholesaler.manufacturer,importer,and public transportation system license renewals do not need Local Licensing Authority approval and must be returned drectly to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY • The foregoing application has been examined and the premises,business conducted and character of the applicant is satisfactory, and we do hereby report that such license.it granted,will Comply with the provisions of Title 12,Articles 46 and 47,C.R,S. THEREFORE THIS APPLICATION IS APPROVED. Local Uc.Auth.ID,No.: Local Licensing Authority tor: ry.: TOWN/CITY Weld County RL COUNTY Signature: Title: Chairman, Date: / '-r-i _ Board of County Commissioners5/15/89A ��fDate:/(//� „r. 5/15/89ftach Q � ('�J (y` �hDo not de Do nor detach Do not detach Do rat detach4;1-HcAel not detach 170 )`opt d ch Donor detach _ . unessloaUon:.;-y>91.v-.k--ibex—Aec-t-s's---Kirt _,._-____._--.._-.. _.-_-_ . r '-- , n.cG%ty co 2 Name/Trade Name: Use License Number LIABILITY INFORMATION RENEWED LICENSE O for Ail Referop(e G$yr City Indust. Type Liab. Date EXPIRESAFTER 3) a I-I AA. . ,.L1 Tt,R tr,Uti&RTA I4.—,' 7452—U.. 1 .-3 20 Ci 7311 5 ccz4d7 Lo—Z3-9O OD es SlA It rtt CITY 05,4 g.O CO85%OAM . TYPE OF LICENSE ISSUED 414 (0) 45-9 _i9% 37-1 (0) 4e1 (4) _la. m '.t vtnCFNT 6E-L.R 33 ✓' TAIL LICcASt (3? 1L $ 25.00 S 42.50 g in z to m x m Make check payable to: COLORADO DEPARTMENT OF REVENUE TOTAL AMOUNT DUE * t. b 7.5v m EXTENDED HOURS-Applies only to HoterandWestaurent,Beer andWine,CIub.Tavern,and Extended hours? Arts licenses.If desired,check yes'and enclose Total Amount Duo PLUS$170.00, OYES (g NO r 00 NOT WRITE BELOW THIS LINE 890453. ,4.w,.r'''', "Wore 4r,MUN'.nFn #"*A-y14,••Mwr..y. °""° OWL Attachment to Liquor/3.2 License Renewal Application The page must be completed and attached to year signed rennet application form. Falure to Include this pap with the application may result In year lion.not being averred. Trade Name Establishmom, State tea 1. Do you here legal posesskm of the premises for which this application for license is made? YES(,2' NOD Are the premises owned or rented? (C)CO vet tf rented,effective and°spYaaon date of lease: 2. (a) Has the applicant,or any of the partners,or officers,stockholders or directors at said applicant Of a corporation)ever been YES❑ N0 J2 convicted of a crime?If answer Is yes;explain in detail and attach, (b)FWepersonslendingassistanceorfinancialsapporttotheapplcant,ormanger,oremnployees,everbeencoarctedofacrime? YES 0 No®, It answer is yes;explain in detail and attach. 3, Has the applicant,or any of the partners,or officers, directors or stockholders of said applicant(if a corporation)or manager,ever: (a) been denied an alcoholr,beverage license? YES❑ ND® (b) had an Acetic beverage license suspended or revoked? YES 0 No® (c) had interest in any entity that had an alcohol beverage license suspended or revoked? YES 0 NOM If answer is'yes'to any of the above overtone,explain in detail and attach, 4. Does or did applitart,or any of the partners,or officers,(erectors or stockMlders of said applicant(if a corporato o,have a direct vESg NO❑ _ or indirect Interest in aryother Coloredb linden ficense fnekte loans ro or from any kensee,ar interest N a lam to ary licensee, _If answer is yes;explain in detail and attach. 7v4 I/57/-1I-/e c 415 e 'co"Z- j 74 eC c5,,f c /�oP6'/z Tr 5. klentlfy the persons,firms or corporatkMs who now or will have a financial interest.evidenced either by a loan to,or efly Ownership in,the boeness for which this license is requested.State the names end addresses and the arrant and source of such financial interest(le.,bane,relatives,friends,previous owners,etc.),expressed in dolars or other items Of value,such as inventory,furniture or equipment.Use separate sheet if necessary. Name PI-E.er f/N4Ncc- �R/ 4/(EA.t-!FA/t I Address /0 t 0000 est j'P It `^ 6. List on a separate sheet the names ant addresses of all roe teshesset in which any ot the persons Si quest'No.5 are materiely interested. L G ± (04- o l4v�. n" -ke ffAve Alo�(Ie 7. Dperatng Manager I Address 'Date of Bit 8. If the applicant is a torpaaton,answer the following, /✓A (a) Corporation is organized under the laws of the State of: Date Incorporated: I (b) Principal place of business Is: I (ee) Date of filing last annual corporate report to the Cob.Secretary of State: (d) Na of each officer listed below: I President I Hone Address Date of Birth 1 I I Vice Pres, Home Address 1 Date of Birth 1 Treasurer I hgme Address I Date of BMn il Secretary Home Address Date of Birth I . i (e) List all stoekholders.5%or over.(d a public corporation)including actual owner or pledgee,(Use separate sheet if necessary) Name I Address Percent of Stock Date of Sint 1 jI Nacre Meese Percent of Stock I Date of Birth Name I Address Percent of Stock Date of Birth i 1 I L '(f) Name of all Directors'/Trustees of Corporation Name i Address Date of Birth Name Address Date of BIM i 1 8,If applicant is partnership list all general parties,Use separate sheet if necessary. I Name ,— ass Date of i tezle, cetioNana/�/I Y //✓o c/�L`;�T��II Aadrass 5�,,, I i Date "-3 71 R90459. nan a ref Z O J cnZ fT1 < N 7 S O - G W i '� w a F I I F-4 Ca s z ,n o O t N 1 III It r r a y 0 , ' fA Er ;5 Y -.:.0 F U ,'L V F 0 `� c S O WO4 v , z t C a 0 Z L m i- W 88 y v r� v ,� , d : 0 d ca CC f.7 ,` r y ,s y V .- y a c o Z. IH ' m r a E , Otn ww i ' , 2 LL 4 U-. ,d, ct -.ec S861 eunr 'OCBC wJed Sd on ! ti:a. e co O °i O litto O o, Pr po _1 i yw n, . q ~ Izl O�S---4 r4. � `D t F2w o I 1a . '.OD,' ri ` 1 I1 ; lq.1:11 .2 C'cd inn 52 : . IS gi Z V i da^ ZI N O P1 W d :/ .] u•-• A �� . 4 4-X.4 X 4. 890159 I I TREASURER'S OFFICE,WELD C TY qq Ns 4225 Greeley, olorad� ((�,(. . . 7. . . . , 19.8, as RECEIVED OF, (1GCCf. , . •I�. . g ip , (aft: -4 -7� /7la p °r FOR CREDIT County General Fund 101 0000 �aQ(��c(�(� /t,�,/ �� 4873 them iiGtfAnr- cu „L;�'�-P_t4VA e.69 Z) Human Resources 121 0000 )" Social Services 112 0000 — Housing Authority _ Road&Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 9000912 School District Gen Fund School District C R F School District Bond Fund . 090459 l FRANCIS M. �OUSTALET I ( /N_ TOTAL AMOUNT ICounty Treasurer bk I f67a ag RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO C. RAY AND ROBERTA HINDERLITER, D/B/A 1-76 MOTEL & CAFE - EXPIRES JULY 31, 1990 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Fome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, C. Ray and Roberta Hinderliter, d/b/a 1-76 Motel & Cafe, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHFREAS, pursuant to Weld County Ordinance No. 6 , Section 7I, C. , said applicant has paid the sum of 598.75 to the County of weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 35929 1-76 Access Road, Roggen, Colorado 80652-9609 NOW, THEREFORE, RE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-12 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until July 31 , 1990 , providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. '),;411 890460 �C ()UIJ (li) Page 2 RE: TAVERN LIQUOR LICENSE - I-76 MOTEL & CAFE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1989 . .{{- BOARD OF COUNTY COMMISSIONERS ATTEST:% It) WELD COUNTY, COLORADO Weld County Ylerk and Recorder /4:2 �za* and Clerk to the Board C.W. Kin`by, pi airman 1 � JSflo-Tem Deputy Count Clerk APPROVED AS TO FORM: Gene 1 . Brantner George Ken e County A t rney `sn "�3 ' Gor 5i 890460 I if: eth&tha off a l©raid,© t • De D . Ma Cif M@w 1@ I gLiquor Enforcement Division ?� 1375 Sherman Street Denver. Colorado 80261 C ) I• HINOERLITER ROBERTA �1 HINDERLITER C RAY I1,4I SEVENTY SIX MOTEL& !� CAFE 35929 I 76 ACCESS RD I} 0 ROGGEN CO 80652-9609 -Dirrc, Alcoholic Beverage License 11 iw.n..�Account LICENSE EXPIRES AT WDNIGNAccountNumber County City iMv.t. Tips Liability Ore! 14-27452-002 i 03 206 7011 5 080188 , JUL 31, 1990 , w Typo I Nano sna Orrpton O be nr ps T 1 TAVERN LIQUOR LICENSE - MALT, L-I44I, VINOUS. AND SPIRITUOUS s 25.00 I COUNTY 85 PERCENT OAP FEE S 276.25 ! ?� i� TOTAL PIEE(S) S 301.25 � 1 �C D This license is issued subject to the laws of the State of Colorado and especially under the provisions of Tide 12, Articles 46 or 47. CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is , only valid through the expiration date shown above. Questions concerning this license ii.: should be addressed to the Deportment of Revenue, Liquor Enforcement Divison, 1375 • Sherman Street,Denver,CO 80261. I)� i% In testimony whereof,I have hereunto set my hand. - L " " _ Division Director MAY 2 4 1989 Executive Director D OR 8402(3-08) 890460 ,` Y I it.• t.'1 " 'i Y"rlrl ` ''� 1 1 r + 17 -t i'lV , rf, ) 1y1" w 1, ... • , y, i t O Pf, �,.il,`44SOS44 Gt+';<,;q4 4C,..•, 5�p i",�ier..••.;,, f, 1.1,0":•4.5�d i si•• �t4" �•rt •+ 1;`L.. t t 4 i, �Q•,1 `•,±i�w f f=�O;:?• +. ••' ,n +..a v 1 �5 x?• La r a r d '744,••.\,•1 -" it ............................... � ^Il ! 1\ t I! 1 I,177'4 SS '•x•e !r ' rr jl 0'' +F '' r ate: • { !l J1 I \V a, ..ry ,1\ Q `.44 r Ypt.;: 1� + ."t..... T., . � Iw.._ 4 � \ � �'yi�H+y�� I � '+.�;y5�p.� ney} ) 1 '• �'r .. � M SP 4 ,,e4M 6 dI 1 4 . 7e{ ' Cc '^� (4.,,...•••,,,,..:✓ -0tif\ ` \ r� 1�.T �6, wy 1 !•,••••,'C4A1'11r� r1 1�in r � { 1 tot✓VYii r'A.y!' � ' I •s>N>'n.�4 'fit (. i IY`I''t Xtri 44. � " �' �(� I .. 4 li •`'. ;„..:,/;),461,,,p)° Y 'N:. .(('Yr:$ +- t ,}yx.(f1ti... ti ❑ c• N ii'� � ! L a�Ji i, „! Ft: ( c A Y } J t r O ma- ` -� Y, J 4 ti e ,. .,.‘f.)...,../12 eL I•Iti • 'Aire f AV P i..•17,._r•J 10"1 ^� ( v"`+,. 1 a >>'''!'- (4%* ar1plI t, IAA u 1 , 40------"?''� - W m .4 '�• 'k * 4A r r'>. +?S ri II- 1 I�# "( C O O pC • Ce to h] ` ' i" C ` h44`4i !i rn 1 ) t 1 " (p " e5 w. i5 til• O y •"hi{ J re • ) p p „2:,,-;'; ¢ s / 1 VV � � N W W 4 \ 1C rf��jp+i 'i 1 1A _� WQ a 4A4, I F•It i tr 1 :XII ' 1 }O' r,r ,.. ..4 me .- NON\ '4•,4\f41i1�It I�iA � ;y 5 H >P va Krn tv1� � a y cm • y m i - 14.1;4;:,-:".1.7,!",.,1., V �! 4S }rW y n p [D w 1�i rt 7•�i I ain g !; � ' ""'�p' H S i• ttlrm ▪ ' C. V J,7(a y4 r l } �h.y,1 , , 1 f -}'4a• Vi C• .T ,• m ea• '�A ya h a i e.% V : as } t' 1Vc •; MI ,o d "4 d o r p y I i i7 161 did M 4:�p � p c if, O C: r i re A• J.i it 3 ( iy7,.la.,e dA B u to S > I 1 a `. ti v. 1 ;,:.::):::::::,,Y.011:. l;�r �,Ir�1f a'1 A'��.1 '. � `► C! {q M] �w I 5 in '402:,;;/.:1;-; �1tel : i "tt}+" .'(�1\p` .� ; d�0 e. o "� O O > r•. '%rf i m Y�� !i i 1 +� e• `J' a W w(�, to `ip% re ',N 8. w+ m A y 7: 40"4 w tiJ ,y1 r r4 OA+ s- • B,r c• x S° a (n �1 I ' 1. 2 Cr VJ \ l: r ti -..•.i O W G '4'd J Jo R .C F H m Z a l+t )4 • k.rif r4:,;r 1 vi«.,6.R'Yri G. w e P a bi n C C 70 bA ,... �Tge •} .,� 14 Cn N 4.• �, ej E Ln p =i. O K s. w Z O O a>.lwlets":. / ✓ S 1 "�'CJ' II: •„T N , — X40 a' t•? 7. " m 7C R O et .on l �� ♦. L R?W,Ye J�n` A r o M 'au,o H y o >. 8 „ ,r rot t9 14.• {' IRit'C {p A =a N 7.• y h s J 1 r 4 ;• 9 'K%CFA;;;;,..,74,7:44.,,, �„ +n r"„ ,;,;;r414,:‘,•::: fr 1 1 (n .Oa•fD M ::_ti Oy Q• 9 O ; 3 1'V Cin .. y `t` �l, ▪ 0y p9? S^,bi i 'a' t K ~ •+t N t • •M� t• 1 .e i 1.�f -,•C G.C C7 o • O H M C , {741.It Yl 4 I' P ril WI'S O R•O O fA °e IV �` H H n � Y b a rj 1 •1 'r tDSi �AS C7 7Y N .'7 e. 'y C t*1 r r% m > ik •a �:L 1+ 9'�s }1",s p, w e to B C O v } ril i :' 1{-:-...vs S f°ii M O v. N -1 _ " t4 c• 1/4" ,3 ((W •p D min {gyp \� a r 4Y 4 y{+ : S•{ 'bp: M J,d prq p,, �W m e :f m fj +p x v D f y O, p ■ ■ f ir.v ., ^'vt 4Gr1• • C � l 1 SL `'_t.,. i r• .iNIL 17) § i v M '}0 tt,Oi A IJ O O 1 C r r ,vsr'C n .A i•4sI r ' 1\�\ i[1itR:t a+ 0'ern `� O 1 O f7. F.1 os C tY1• t} +Y !D D m Q I C a`P' 'Yell' rtVr�r y 'C514}.1.1y01 'A II ,r! 41 jt, r ;" ,e a r % J AI . � 1 IAI 11 II�n II�,LGI'1� 2. Ir. �A r .. v r �ptn { .�� (y(l,l,l Q wnxA ;:N{M bQ 1 "pry a /�J J 1 4 " i15 �1 + ! _ cII �Iws v I i i 1, r ♦ • �, ' '‘9-114;;;1•4'' yl •1 r fJ+1�i tilif! iiApiVHO S+r ! t ‘•••''A'4; l .1. [f:; ,--�• 't� r •+ r `r�i ,40,1 tSd 1 1� e.;),:4,!: I �� /Lr Oh \ \� ,,4.;d,, f \0,../ 7 h.t ` 11"'I, 1 i~Iy di r ,.%?-1:2 . r p r r ! t ! . d i t 1 t f r • .% 1!S �•• ril I,i'J/iii, 4ii+44. 14` CI . t t .:n„,!4 SS,4�i rt°p 4S��f • �Y\ rr Ir • 4 i tr. t JCI 54 , ,,11' J! Ic 4 4 1I ••+ In 14S t,1 •r la t ,,, , • C4 • f d, i1 .• r� Ce t• 4«r• r v / t[ r �/r r!!1 1 4 ♦r + \ 44 •,•r I • ♦ II • .1 ,11 r+ h . ,,VI•. , 2, i ~4 pt'"• ;'"i • r• . + '1'17 r "1 i14itti i+ II;I++Lii In J 9:? ii LI( " iJ 1 yi'Tir f ' 1 i 1• - ., 7 J ..=t' Y'r/r 4 . a i. ,.r r Y \" Y v l �I;.A ti 1 4 �i h 1 + yt S r i L+ r ,..,r d •i if i s ��. t ▪ J•f. r t\• 890460 DATE: 5/15/89 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: ROBERTA AND C. RAY RINDERLITER, DBA I-76 MOTEL 6 CAFE P.O. BOX 28 ROGGEN, CO 80652-0027 TYPE OF LICENSE: TAVERN LIQUOR SHERIFF'S REPORT: SHERIFF'S OFFICE HAS BEEN NOTIFIED. - 5/11/89 HEALTH DEPARTMENT REPORT: 890460 ` , T DR 8400(3438) Cadmic Department of Revenue LIQUOR OR License Number LoenseT Liquor Enforcement Division 2-002 T Type; ' ' t375 Sherman Street 3.2 BEER LICENSE ' 14-27451 Denver,adorado 60261 RENEWAL APPLICATION Liability Inlormauon: 866.3741 03 206 7011 5 080188 , HINDERLITER ROBERTA Business Location: HINOERLITER C RAY 35929 1 76 ACCESS RO I SEVENTY SIX MCTELL RCGGFN CO C A F L Current License Expires: PC DCX 2H JUL 31 . 1989 ' KOGGEN CC d0652-0027 ©fi u Y/©OU , rIG Y ©©fl • YOUR PROMPT ATTENTION 1S REQUIRED.FAILURE TO COMPLETE THIS FORM`J ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. • ILL OUT THIS FORM COMPLETELY. AND CHECK APPROPRIATE BOX-BELOW. • - igF This renewal reflects no changes from last application, as SIGN THE FORM ,There are changes from last application.(Report changes on •ENCLOSE TOTAL AMOUNT DUE form DR 8178-'Report of Changes-Liquor and 3.2 Beer •SUBMIT FORM TO LOCAL(CITY!COUNTY)LICENSING AUTHORITY FOR APPROVAL I'manses'and attach that form to this renewal implication) •CHECK WITH LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEES — ------- - - ------ I Sole,.un&pen of perjury in thes degree that this application and aft attachments are We,wrrect,and complateto the best ofmyknowledge. Aug °a8'—r9 = 7 . Title of Signer(if CorpOreti et -r,Cdt ( j` 7� f S§I• / ax y{L.,car y SUBMIT THE SRAT 'AY ANO LCoCAL(CITYtCOUNTY)AUTHORITY COPY TO YOUR LOCAL(c1TY/3000NftYY)LICENSING 7 ' AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION. Wholesaler,manufacturer,importer,end public transportation system license renewals do not need Local Licensing Authority approval and must be returned directly to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY . The foregoing application has been examined and the premises,business conducted and character of the applicant is satisfactory, and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED, Local Uc.Auth.LO.No.: T Local Licensing Authority for O T TM Weld County COUNTY Signature; -. Title: Chairman, Date: 7,.../2„ board of County Commisoioners 5/15/89 Ah •I Dam: 5/15/89 I/•r.Wiu/Lt.1n L , • - Do nor detach Do not detach Do not detach f not detach tjdoo not detach Agah Do not detach ROG;GEN CC r• Use License Number yAB1I,ITY INFORMATIQN RENEWED LICENSE 0 Name/Trade Name: totfll Reference_ ICevnt_Cny Indust, Typo lab, Date EXPIRES AFTER XI LIIN0EKL, ITER R0BERTA 14-27452-002 03 206 7011 S 080188 07-31-90 Z' • 41 TYPE OF LICENSE ISSUED STAitFEE CITY 05% I CO85%OAP N ai-o (4) 454 (4) 37.4 49.1 (4) m. M TAVERN LIQUOR LICENSE - MALT b VINOUS. AND SPIRITUOUS (3) 40 S 25.00 S 276.25 • g N in in in Make check payable to: COLORADO DEPARTMENT OF REVENUE TOTAL AMOUNT DUE S. , S 301.25)Z EXTENDED HOURS-Applies only to Hotel end Restaurant,Beer end-Wine,Club,Tavern,and- Extended hours? • Arts licenses,It desired,cheek yes and enclose Total Amount Due PLUS 5170.00. EYES s No r 00 NOT WRITE BELOW THIS LINE ��► 89 60� • �vn,RM1•r'«n..r^I`-�1k1 444N..++nw++,.wr...,.w.[«wn......+.w6�•.w�w.. ...«..,wy� .t °"Ile"48' Attachment to Liquor/3.2 License Renewal Application The.page oust be completed and attached to your spud rand apploatlan form Fear to Include Ns pap with the application owner It In your taw not being remind. Trade Nene of E Ns State License Number • �2b j4-Y L)f,c /q-al9s2 -aoz 1. Do you have legal posession of thew for whit made YE s application for license is maastQ NOD Me the premises owned or rented? _¢7i Inflect effective end apiratbn dote of lease: 2. (a)Has the applicant or any of the partners,or officers,stockholders or directors of said sspicant(P a corporation)ever been YES 0 NOS carwkted discern*?If answer is yes:explain a detail and attach (b)Have personslendtgassishnceorfianKWsupporttotheapplicant,ormanager.orempbyees,everbeencorwkteddacrime? YES❑ N08J If answer is yes;eiplaln In detail and attach. 3. Has the ap*llcant.or any o(the Darters orofticers, directorsorstockMklasofsaidapplicant(lacorporation)ormWger,ever: (a) been denied en akohok beverage license? YES O NO1Q (b)had an alcoholic beverage icons.suspended or revoked? YES❑ NOg (c) had interest In any entity that had an akoho c beverage license suspended or revoked( YES 0 NOS, • If answer Is'Yes*to any of the above questions,explah in detail and attach. 4. Does ordidapplicant,oranyoftheparsersorofficers,SectorsastockholdersofsaidaPpkardOracorporation),hiveadirect YES,®, NOD oflddredrinkiesY)n'any''othertokraditadlgte"setfrilidelodri iatniMiWiearitee;or nteroitVAloniteini enseel! --- __.. If answer Isyes;ewslai"IndataM and attach. 'j Z 8a C91 LeCG/t1 r / 0et j /s7c )O ,77/A.E -/ /if) 5, Wen*the persons,ferns or corporations wtenew&we have a finer-la inerest,wanted emsbya loan to,oreWnyOrr crag'M,the Mims for *NthOis license is(squested,State the names and addresses and the amount and source of etch financial interest(Le.,bark reams.Me ds,awbia owners,etc.),expressed idodotes or other Items of value,such as Nvadory,furniture or equipment.Use separate sheet If noes—yy.. r APLEl i /itin- cc I address 6 Air/4 n�11- .,lice A/Zitand/ i 6. Listyn a tlf ////separate a addrt seslal a'dVela'�Usses in wtxch any of the persons hn'Astion No.5 are meted*interested. 1 7. overlong Manager Mires& / Date of erth 8. If the applicant is a corporation,answer the toloxirg: , (a) Corporation is wearied under tie as of the State of: _ Dee Ycoroorate t li @) Principal piece of business is: (t) Data of IWig last anal corporate report to the Coo.Secretary of State: II td) Named each officer lea below: )rreslder Home Address Date of Beth -VicePres. Home Address Date of Birth I I Treasurer ',erne Address Dated 8ktli Secretary I Horn.Address Date of Beth (e) List all stockholders,5%d over,ct a public corpaatiod)In W%actual owner or pledgee,(Use sesame,Meet If necessary) fI Name Address Percent of Stock Date of Birth 1 i i Name --Michas Percent of Stock Date of Birth Name M3 ass Percent of Stock Date of Bath r 1 '(f) Name of all Directoa%frustees of Corporation Name Addess Date of Binh Name I Address Dated Bath 8.If applicant is paNersNp list all general partners.Use separate sheet if necessary. Q.( .1 c �ifi✓oflt/7 "° , �iZS/ IZ0GGLN .� IBS? ° oft- y� owe . NN"pc v I /mitt, et yrrnz Address talaof ^r r� (� .f• k! RESOLUTION RE: DECLARING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS WELD COUNTY CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-2, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, ORDERING THE PUBLICATION AND MAILING NOTICES OF HEARING TO THE OWNERS OF PROPERTY IN SAID DISTRICT. 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, in accordance with Section 30-20-603, Colorado Revised Statutes, as amended, certain local improvements may be initiated by action of the Board of County Commissioners upon petition subscribed by owners of property who would bear more than one-half of the total proposed assessments within the district, and WHEREAS, the Board of County Commissioners has determined to create a local improvement district which includes all or portions of Section 7 , Township 2 North, Range 67 West, Section 8, Township 2 North, Range 67 West, Section 17, Township 2 North, Range 67 West, Section 18, Township 2 North, Range 67 West, and Section 19, Township 2 North, Range 67 West, and Section 20, Township 2 North, Range 67 West, all in relation to the 6th Principal Meridian in an unincoporated portion of Weld County, Colorado, in an area generally northeast of the developed portion of the Town of Firestone. More specifically, the local improvement district will include all lots and tracts within Casa Grande Estates; all lots in Casa Grande Estates, First Addition, and including that parcel adjacent to Del Camino Lane known as Lot A of Recorded Exemption 498; and all lots and parcels subdivided from lots in Enchanted Hills Subdivision, as well as each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13 heading_ east a distance of 1 .59 miles; and Weld County Road 15, between Weld County Road 20 and Weld County Road 24 , and including those properties shown by the Weld County Assessor as parcel #131118000054 , and as recorded at Book 1181 , Reception #02126159 of the Records of the Weld County Clerk and Recorder; and parcel #131118000043 of the records of the Weld County Assessor, recorded at Book 1001 , Reception #01932266 of the Records of the Weld County Clerk and Recorder. The particular lots proposed to be assessed are shown in Exhibit "A" , attached hereto and incorporated herein by this reference. Also included within the district are the rights-of-way for Weld County Road 20 , from Weld County Road 13 east 1 . 59 miles, and Weld County Road 15, between u� 890448 J0Oi Page 2 RE: CASA GRANDE/ENCHANTED RILLS LOCAL IMPROVEMENT DISTRICT Weld County Roads 20 and 24 . Said creation of the local improvement district is based upon the petition of owners of 81 of the 154 lots and parcels in said proposed local improvement district. The petition has been filed with the Clerk to the Board of County Commissioners and is attached hereto as Exhibit "B", to construct certain improvements on Weld County Road 20, from Weld County Road 13 east a distance of 1 .59 miles, and Weld County Road 15, between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the Town of Firestone, Weld County, Colorado, which improvements are described in this Resolution, and WHEREAS, the Board finds it is in the best interest of the inhabitants of the area to provide the following improvements to Weld County Road 20 and Weld County Road 15 as follows: 1. To shape, grade, drain, prepare the base, and pave the above described roads to a resulting roadway with 12-foot travel lanes with 4-foot shoulders on each of the above described Weld County Roads. 2. The base course preparation is to include final grading, wetting and compaction. 3. Placement of two inches (2") of hot bituminous pavement on the above described portion of Weld County Road 15, and placement of three inches (3") of hot bituminous pavement on the above described portion of Weld County Road 20. All work is to be built according to Weld County specifications and be approved by the Weld County Engineer. 4. Major construction quantities include 6,660 tons of hot bituminous pavement. WHEREAS, Weld County will provide all administrative, engineering, and base preparation work separate from the creation of the local improvement district, which base course shall consist of four inches of aggregate base course on the above described roads, and installation of culverts necessary to accomplish drainage incident to the road improvements, and WHEREAS, the Board of County Commissioners shall consider all protests and objections that may be made in connection with the proposed improvements, before ordering the construction thereof, and 890448 Page 3 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT WHEREAS, preliminary plans, specifications, estimates of costs, maps, and schedules for the proposed improvements have been presented to the Board of County Commissioners, and WHEREAS, in accordance with Title 30, Article 20, Part 6, it is necessary that a preliminary order be made, adopting full details and specifications, describing the materials to be used, determining the number of installments and time in which the cost of the improvements shall be payable, the rate of interest to be paid on unpaid and deferred installments, estimate of costs and a schedule showing approximate amounts to be assessed on the lots and parcels of the property within the district and those benefited by the district, and WHEREAS, this Resolution has been considered at a public meeting of the Board with informal notice by letter to each of the owners according to the records of the Weld County Assessor of property located within Casa Grande Estates; Casa Grande Estates, First Addition; and Enchanted Hills Subdivision; and each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1 .59 miles, and Weld County Road 15, between Weld County Road 20 and weld County Road 24 , and WHEREAS, after consideration of the petition and testimony at the meeting, it has been determined that the improvements described hereinafter are primarily for the benefit of the owners of the property described in Exhibit "A" herein, and that the benefits are most equitably shared on an equal amount per lot or parcel, and WHEREAS, the Board of County Commissioners is authorized, pursuant to CRS, Section 30-20-606 (1) , to determine special benefits for the purposes of assessing particular property within a local improvement district, and WHEREAS, this Resolution shall constitute the preliminary order required by the law. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: A. That the Board of County Commissioners of Weld County does hereby declare its intent to create a local improvement district within the County, for the construction and installation of the improvements more particularly described in the notice hereinafter set forth. B. That the Engineer's reports, together with preliminary details, specifications, estimates of costs, maps and schedules 890448 Pane 4 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT are hereby approved and adopted by the Board of County Commissioners for the proposed use in the construction of the improvements to be made in the proposed improvement district. C. That the materials to be used in constructing the proposed improvements are stated in the notice hereinafter set forth. D. That the assessment to be levied for the improvements shall be due and payable within thirty (30) days after the effective date of the assessing resolution. However, all such assessments may be paid at the election of the owner, in ten equal, annual installments of principal with installments of interest on unpaid installments at an interest rate of ten percent (10%) simple interest per annum. The first of said installments of assessment shall be due and payable at such time as will be indicated in the assessing Resolution or Ordinance. The remainder of the annual installments of assessments and annual payments of interest shall be due and payable successively on the same days and each year thereafter until all are paid in full. E. That the property to be assessed for said improvements shall be the properties specifically benefitted by said improvements and more particularly described in the notice. F. The Clerk to the Board shall give notice of the hearing on the construction of the improvements by publication in one (1) issue of The New News and one (1) issue of the Longmont Times Call, the publication in The New News to be not less than thirty (30) days prior to the date of the hearing. In addition, the notice, being a brief written synopsis for the proposed improvements pursuant to Section 30-20-603 (2) (b) , Colorado Revised Statutes, shall be delivered or mailed by First Class mail to each property owner within the proposed district. The delivered or mailed notice shall be made not less than ten (10) days before the hearing. Said notice shall be in substantially the following form: (Form of Notice of Nearing) NOTICE Docket No. 89-19 OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO, TO BE KNOWN AS WELD COUNTY CASA GRANDE/ ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-2, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO • • INCLUDE COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY 890448 Page 5 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT NECESSARY INCIDENTALS, TO CERTAIN ROADS THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described and all persons generally, are hereby notified that the Board of County Commissioners of Weld County, Colorado, has adopted a Resolution declaring its intent to create a local improvement district within an unincorporated area of Weld County, Colorado, to be designated as Weld County Casa Grande/Enchanted Hills Local Improvement District No. 1989-2, for the purpose of constructing and installing street improvements to include compaction, grading, and paving, together with any necessary incidentals, and to assess the cost of said improvements as proposed by petition of owners of the property who would bear more than one-half of the total proposed assessment within the district, all in accordance with the laws of the State of Colorado. 1 . All persons are further notified that the kind of improvements proposed and the streets to be improved are as follows: Weld County Road 20, from Weld County Road 13 , east a distance of 1.59 miles, and Weld County Road 15 between Weld County Roads 20 and 24, in an area generally east of the developed portion of the Town of Firestone, Weld County, Colorado. The improvements include shaping, grading, draining, and paving the above described roads. The major construction quantities consist of 6,660 tons of hot bituminous pavement. 2 . The area to be included within the district includes all or portions of Section 7, Township 2 North, Range 67 West, Section 8, Township 2 North, Range 67 West, Section 17, Township 2 North, Range 67 West, Section 18 , Township 2 North, Range 67 West, and Section 19, Township 2 North, Range 67 West, and Section 20, Township 2 North, Range 67 West, all in relation to the 6th Principal Meridian in an unincoporated portion of Weld County, Colorado, in an area generally northeast of the developed portion of the Town of Firestone. More specifically, the local improvement district will include all lots and tracts within Casa Grande Estates; all lots in Casa Grande Estates, First Addition, and including that parcel adjacent to Del Camino Lane known as Lot A of Recorded Exemption 498; and all lots and parcels subdivided from lots in Enchanted Hills Subdivision, as well as each 890448 Page 6 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT individual parcel of land adjoining Weld County Road 20 , from Weld County Road 13 heading cast a distance of 1.59 miles; and Weld County Road 15, between Weld County Road 20 and Weld County Road 24 , and including those properties shown by the Weld County Assessor as parcel #131118000054, and as recorded at Book 1181, Reception #02126159 of the Records of the Weld County Clerk and Recorder; and parcel #131118000043 of the records of the Weld County Assessor, recorded at Book 1001 , Reception #01932266 of the Records of the Weld County Clerk and Recorder. The district shall also include the rights-of-way of the County roads described herein. 3. The assessment for said improvements may be paid in ten (10) equal annual installments of principal with installments of interest on unpaid installments at an interest rate of ten percent (10%) simple interest per annum. 4. The assessment will be due and payable without demand within thirty (30) days from and after the final publication of a Resolution assessing the cost of said improvements, against the real property described herein in Paragraph 2. In the event any owner of real property shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the assessment against such property shall be payable in not more than ten (10) equal, annual installments of principal with interest on the unpaid installments, as aforesaid. The first of such installments shall be due and payable at such time as may be determined in and by the assessing Resolution or Ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, unless otherwise determined by the Board of County Commissioners, until they are paid in full. 5. As shown by the estimates of the Weld County Engineer, the total cost of the street improvements to be assessed against the property within the district is estimated not to exceed $190 ,000 .00. This represents an estimate of the cost of the labor and materials for installation by contract of the hot bituminous pavement and base preparation. The Board of County Commissioners, pursuant to CRS 30-20-606 , has preliminarily found and determined that each and every described lot or parcel will specifically benefit from the proposed improvements based on the following facts: a. The market value of each of the properties will increase; b. The proposed improvements will adapt the property to a more profitable use; 890448 Page 7 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT c. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; d. The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road; and e. The proposed improvements will facilitate access to each of the properties and thereby increase the convenience of the use of said property. Based on the findings and determinations of the Board of County Commissioners, it is intended that all of the costs of the street improvements will be assessed equally against all of the above described lots, parcels, and tracts. Property owners are specifically referred to the schedule of estimated proposed assessments on file in the office of the Clerk to the Board from which the approximate amount to be assessed against any particular lot, tract, or parcel of property may be determined, but further it is stated that the estimated cost per lot is $1, 234 .00 , based upon the Engineer's cost divided equally among the 154 lots, parcels, and tracts. IT IS FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND PREPARATION OF BASE EXCEED THE AMOUNT OF $1 ,272. 00 PER LOT, EXCLUDING INTEREST OR ANY PENALTIES, THE COUNTY OF WELD WILL ASSUME PAYMENT OF THE EXCESS. 6. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, the cost of the total improvements shall be apportioned equally to each of the above described lots and parcels. Notice of such apportionment shall be given and a hearing will be held prior to the adoption of a Resolution or Ordinance assessing such cost, all as provided by law. 7. Not less than thirty (30) days after the publication of this Notice, a Resolution authorizing said improvements will be considered by the Board of County Commissioners, to-wit: Wednesday, the 12th day of July, 1989, at 10:00 A.M. , or at an adjourned meeting thereafter, in the meeting room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. 8 . A map, estimate, and schedule showing the approximate amount to be assessed and all Resolutions and proceedings are on file and can be seen and examined by any persons at any time 890448 Page 8 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT during business hours on or before the date referred to in paragraph 7. 9. All complaints and objections that may be made in writing concerning the proposed improvements by the owner or owners of any real property to be assessed will be heard and considered by the Board of County Commissioners at the meeting specified above, or at some adjournment thereof, before final action shall be taken. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER By: Mary Reiff, Deputy DATED: May 24 , 1989 PUBLISHED: June 8, 1989, in The New News G. The Board of County Commissioners, pursuant to Colorado Revised Statute 30-20-606 , hereby finds and determines that each of the herein described lots and parcels will specifically benefit from the proposed improvements based on the following facts: a. The market value of the property will increase; b. The proposed improvements will adapt the property to be more profitable use; c. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; d. The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road; and e. The proposed improvements will facilitate access to the properties and thereby increase the convenience of use of said properties. Based on the findings and determinations of the preceding paragraph, it is intended that all of the costs of the street improvements will be assessed against each of the herein described lots and parcels. 890448 Page 9 RE: CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT H. It is the estimate of the Board of County Commissioners that the cost of the paving to be assessed the landowners within the district will be $190 ,000 .00, which is $1, 234. 00 per lot, parcel, or tract, and it is the intent of the Board of County Commissioners that the assessment per parcel, tract, or lot will not exceed $1,272.00. I. All resolutions, or parts thereof, in conflict with the provisions hereof be, and the same hereby are, repealed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A. . , 1989. ATTEST! Zut41,6 ir1) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / Weld County Clerk and Recorder , a and Clerk to the Bo d C.W. Kirby, airman Sy1- 071y 01 l lx) SeJflro-Tem - D puty County lerk 4 a q APPROVED AS TO FORM: EXCUSED • Gene R. Brantner George K n un y Attorney 890448 • • • • • EXHIBIT "A" • • • • • • • • • • • • 890448 • • • • • • • • • • • • • • • • SF�yynn • 1 , 0 • • • nc n :.,{, � s /,p. ... .. ,, �i r.. n.-/te r _-n..ii.r ,:,�... i•.: • • • p r tik. r i F L.. '0 ddIn r,r r .,G.v.i..-1V • • • I. r .I • I.. r.-.� I r`J • • 890448 . I r • • • • , • • • • • ' • i • 890448 • • • • • • • • 1 I `-•I - 1 1-( - • • • • 89Q4gg • • • 1� • • ♦ • r • • • , • • • • • • 890448 • • itiivE • • i • • • :>v • • • s • • 0 • • 890448 • • • • • • • • • • • > '�U�I^070. 3? • • • • • • 890449 a � 1 � i�. ��_g..�M11 i a'.)f't � � r;n p 'r M.)r- � )r i �� .� (•14 it Yi 1` _ • • • .. . . /". • • • • • is _ • ... _. • • • • • • • • • 890448 H . ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: May 24, 1989 DOCKET # 89-19 PRELIMINARY HEARING-LOCAL IMPROVEMENT DISTRICT - CASA GRANDE/ENCHANTED HILLS DOCKET 4 DOCKET if NAME ADDRESS HEARING ATTENDING ra., n J u 67 ? �cl•l .P a0finn j/71cm" ( 7/O- ienc-70-5-6 Naib S+ 2�a. 57 ,24/q, jA.).,tr.� 70 >1_//lip/e 57. tivcA/A6A# l f.G fC2nPvo f=a1 .IJQc,..'c .e .7z.✓f��no..r �a ,,-- / cr ANeil t! (n 'Cgyp r k' -l /32 lY re, , 1 .e d 1toi6 In-h Cr CS Q Ss* O� 2144n'. seL e Qzo0 0,/cn#7,/we LA ) oi„ N., f„($ WW1 /0441 C -44 a/ P-33/ 4i 4,-A le, ,L? �4. fans ie,v,J pi cci/r 7033 Del 000,ttittio el Jo oscure '/ £5 o 3-4 1 Xd /cr N 77 I 97// ≤1/4 /z-•g v/LT9 ,C % L.--(^mar CC° co', _C;,A.v.c' 169,»nn 99,, 'iol✓.o. 1%rsima � . /cemuncev— Xaro/ sik..9;+1 P JTa,itior1 YDSG. Del 64.225, Lin . Liu Al oh t— 112501 1,a r-ry CT pc sons 5'0.5-4, Pei (o• N,a:Nn 1-ii ),, oily 11 1 /1/ �05-O/ sr ya / ;f.so v 9/s7 i4-44.4145/7, .4.,:.4 le Mace: c0,--0/ iR«A_A 7rn�, af ,e'' �9j'A,� , .m L' s0 is YRUr1 clr, E(_ 4R5a StEg.W\ VtstA bit Longmon , , Co SOSoI C01'(2- a -`f 90 ,t ,�v%�t., (of ,c��/Y11 r4 G�11�T _ K -sew' 3‘y' /e CC ZO 4006;eittarts Ccs ad, or _.144,4-‘2-4 C -97,-4k— Rdf', - We% ie 4 ifoco/ . d80448 e mEmoRAnDum WilkTo Board Date May 24, 1989 COLORADO From Clerk to the Board Subjem Casa Grande/Enchanted Hills Improvement District Sherri Sauers telephoned at 9:20 this morning. She has been ill and is unable to attend this morning's hearing. She said she did not sign the petition. She would like to see Weld County Road 22 paved from Weld County Road 15 to Sierra Vista Road or Apache Road, which she said was the original entrance to Casa Grande. 97-7 EXHIBIT ..a....d,_ ' ,� 890449 e rfr MEMORAfDUM WineTo Board pare May 24. 1 489 COLORADO From Clerk to the Board subject:Preliminary Hearing - Casa Grande/Enchanted Hills The Resolution under consideration today establishes a hearing to consider creation of this local improvement district. We recommend that it be set for July 12, at 10:00 a.m. Thank you, 890448 io w vvw ��v Py-64,ezr, A.i 2,0 ..e, , �? e � k .,� cam,... -c-511 W / o (p9 ? W . G. /S • 890448 {9, (7/ - /1 r /d," /So'S . ock rOc C.O 6:1-••10 GO(W \ StoNP1'S is I � o ) 35-10 - moot, 1. x j `Ist'?"o o , T tx 7s Gtce ;ec C_o\Q.Pc. o ' Z S`` 1D ,e * TY� ?eo ew.C '4 ‘A) t Ko4ys 1`11,v, Cu AD c-e- 01/4->S ^ F Pi\�i�C (� P4 "CNe1� 4'�0�•�.`c �e 71NIT� �5' $004" Loewe (ri Z� A✓ VV) 4 ✓fit 1^O Q � sx o1/4.4. 4 , 6e. i.OGCY"I-h 7 A ykox e 1.L / k co S� v e / / 3 , �NSIN 1/2 CSS -\"11 ��1/W(AI K7t�(J7 c4se &4s i ' AOOL4 ✓//Acne`/ �cof 4 bi 2t. 7o dc4e /O gsmr eJ o�✓�( '2,4/4 7//c,,—, U4 AQc c —r fwrhe.e arms m,NQ� e,/ 6ue// ,-75 Serot Cm-CO i /errs € ['//.�e�il/G/CAS , "\ , W0 \et / NceeSSC1 4r47'Ylc 41✓/ CcsiSe W Aire. Met > ,L eN & RCC_ C .'/CAS , `/� -- , � \ `�L� f5 S�/YK C_ `�,�G r' C ot,rN NC hc,.c fIfs .. M g -1 1 or w 1/4; 4R M l y f7 lit ke— r.c o t S c,. r F. a v P te" 1 M ? F�c� iN L� NOT ro tce e �p GJC'_o'\ 7174 0% 74/ w P7 ,L 7l.oeti 1�ow CG ga- 2 1 890448 r • RE: The proposal to improve Weld County Rd20, from Weld County Rd13, east 1.59 miles; and Weld County Rd15, between Weld County Roads 20 and 24. Dear Board of County Commissioners: A year ago, my wife and I bought our first horse and began looking for a place to live where we could keep the horse and ride within the neighborhood. We are beginner riders and do not own a truck or trailer, so we chose the Enchanted Hills area specifically for the dirt roads and equestrian atmosphere. We are quite distressed over the proposal to pave the roads, because we feel it would be very dangerous to ourselves, the horses, and car drivers to share roads with effectively no speed limits. We implore you to helps us keep our neighborhood as natural and equestrian as it was when we moved here in good faith. We have driven these roads for five months without any discomfort to ourselves or to our cars. Yours truly erapio Ayala IV S//3/SCI // 8904 , - . rim& - 8904 ~ / c t 6 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)3564000.EXT.4200 P.O.BOX 759 y j (� GREELEV,COLORADO 80632 COLORADO 7 ' p —~— 7 T Ids � /X� , fit( a-t d 44_ 07, ��Z /% �1 � , 1989 . �p &T �� n D Russell A., Jr. & Sandi K. Digesualdo J, /f 9912 Sierra Vista Drive 'y 4 Qti`'"' Longmont, CO 80501 ,{`3' ��" RE: Weld County Local Improvement District Dear Mr. & Mrs. Digesualdo: As property owners, you are probably aware that there are efforts to improve Weld County Road 20, from Weld County Road 13, east 1.59 miles; and Weld County Road 15, between Weld County Roads 20 and 24. This is to notify you that a meeting with the Board of County Commissioners concerning the Local Improvement District will be held at 10:00 a.m. on Wednesday, May 24, 1989, in the First Floor Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this meeting will be to consider the adoption of a preliminary order and preliminary plans and specifications, which would describe the materials to be used, the number of installments and the period of time in which the cost of improvements shall be payable and the property to be assessed. The preliminary order will also contain the cost estimates and approximate amount to be assessed on each property. A great deal of this information is now contained„in your petition. You are encouraged to make your feelings known either through your appearance at the meeting, through a power of attorney to another person so , that he may testify on your behalf, or you may submit a letter, prior to the hearing, to the Board of County Commissioners, P.O. Box 758, Greeley, Colorado 80632. Sincerely yours, BOARD OF COUNTY COILSISSIONERS WELD COUNTY, COLORADO C.W. Kirby, Chairman 89C443 10(1----;11 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)3564000,EXT.4200 PA 80X 758 GREELEY.COLORADO 80632 "lige COLORADO May 5. 1989 Roland & Carol Bunn 9915 Navajo Court Longmont. CO 80501 RE: Weld County Local Improvement District Dear Mr. & Mrs. Bunn: As property owners, you are probably aware that there are efforts to improve Weld County Road 20, from Weld County Road 13, east 1.59 miles; and Weld County Road 15, between Weld County Roads 20 and 24. This is to notify you that a meeting with the Board of County Commissioners concerning the Local Improvement District will be held at 10:00 a.m. on Wednesday, May 24, 1989, in the First Floor Rearing Room, Weld County Centennial Center, 915 Tenth Street. Greeley, Colorado. The purpose of this meeting will be to consider the adoption of a preliminary order and preliminary plans and specifications, which would describe the materials to be used, the number of installments and the period of time in which the cost of improvements shall be payable and the property to be assessed. The preliminary order will also contain the cost estimates and approximate amount to be assessed on each property. A great deal of this information is now contained in your petition. You are encouraged to make your feelings known either through your appearance at the meeting, through a power of attorney to another person so that he may testify on your behalf, or you may submit a letter, prior to the hearing, to the Board of County Commissioners. P.O. Box 758. Greeley, Colorado 80632. Sincerely yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C.W. Kirby, Cha rman Copy of letter sent to each person on the attached list. 890448 OWNERSHIP LIST Charles Dean Warberg Proctor 131107000004 Elaine Proctor Warriner 131107000005 Charlotte Geraldine Proctor 516 W. 2nd Street Loveland, CO 80537 Eugene R. & Eunice M. Hamilton 13118000023 10950 Weld County Road 15 Longmont, CO 80501 William F., Jr. , & Marilyn B. Moore 131108000022 10900 Weld County Road 15 Longmont, CO 80501 Robert L. & Mary E. Steen 131108000021 10820 Weld County Road 15 131108000020 Longmont, CO 80501 Jerry Leon and Barbara A. Todd 131108000038 10750 Weld County Road 15 131108000039 Longmont, CO 80501 Fred H. & Patricia J. Greenfield 131108000018 10698 Weld County Road 15 Longmont, CO 80501 Bender L. & Virginia P. Anderson 131108000017 111 Dawson Place Longmont, CO 80501 Edsel & Janice L. Medford 131108000016 3924 Highway 119, Space 102 Longmont, CO 80501 Ardyl D. & Virginia L. Gurnsey 131108000015 10510 Weld County Road 15 Longmont. CO 80501 J.C. & Pauline S. Arwood 131108301009 c/o Barry & Rose Hanke 7451 Elm Street Longmont, CO 80501 p�� 890448 0 Robert L. & Heather Pound 131108301007 7355 Elm Street Longmont, CO 80501 Ross S. & Cynthia Lingle 131108301006 7301 Elm Street Longmont, CO 80501 William G. & Sharon A. Sekich 131108301005 7251 Elm Street Longmont, CO 80501 Laurin Keith & Gloria J. Liddicoat 131108301004 7151 Elm Street Longmont, CO 80501 William & Ethel E. Titan 131108301001 10450 Weld County Road 15 Longmont, CO 80501 Serapio, IV, & Gretchen F. Ayala 131108301002 7051 Elm Street Longmont, CO 80501 Herbert L. & Leta M. Sickler 131108301003 7101 Elm Street Longmont, CO 80501 Virgil H. & Robert S. Eastwood 131108302001 7050 Elm Street Longmont, CO 80501 Jerome R. & Rosemary V. Kiefer 131108302016 7150 Elm Street Longmont, CO 80501 Rhue Ann & Pete Morales 131108302002 10286 Weld County Road 15 Longmont, CO 80501 Philip L. & Amelia A. Toles 131108302015 7180 Elm Street Longmont, CO 80501 890448 Page 2 of 15 Roger B. & Mary E. Olsen 131108302014 7250 Elm Street Longmont, CO 80501 Lloyd L. & Margaret Williamson 131108302013 7300 Elm Street Longmont, CO 80501 Terry E. & Barbara L. Northcutt 131108302012 7350 Elm Street Longmont, CO 80501 Mark & Juanita J. Vanliere 131108302011 2143 Vivan Street Longmont. CO 80501 Jack David Blease 131108302010 7407 Maple Street Longmont, CO 80501 Beverly A. Hindman 131108302018 7357 Maple Street Longmont, CO 80501 Robert R. & Nancy J. Swope 131108302008 7307 Maple Street Longmont, CO 80501 Robert L. & Shirley A. Schovan 131108302007 7257 Maple Street Longmont, CO 80501 Marvin L. & Rose M. Sturbaum 131108302006 7157 Maple Street Longmont. CO 80501 Three Rivers Ranch, Inc. 131108302003 2020 Riverview Drive, Route 1 Longmont, CO 80501 Stanley & Debbie Zupanic 131108302004 10182 Weld County Road 15 Longmont, CO 80501 Page 3 of 15 890449 A • Kenneth C. & Deborah H. Clark 131108302005 7107 Maple Street Longmont, CO 80501 Alvin E. & Mary M. Mengel 131108303001 7056 Maple Street Longmont, CO 80501 Michael A. & Rosemary Pierro 131108303003 7106 Maple Street Longmont, CO 80501 Joseph A. & Teresa J. Trox 131108303002 7061 Weld County Road 22 Longmont, CO 80501 Joseph D. & Linda L. Baker 131108303004 7156 Maple Street Longmont, CO 80501 Hurbert Eugene, Jr. , & Joyce Diane Gurley 131108303012 7256 Maple Street Longmont, CO 80501 Selma L. Martin 131108303013 16371 Weld County Road 13 Platteville, CO 80651 Gregory F. & Gloria J. Hidden 131108303014 7353 Weld County Road 22 Longmont, CO 80501 Gabriel & Sylvia E. Argilla 131108303009 Henry Paul & Helen E. Horne 7436 Maple Street Longmont, CO 80501 Ronald E. & Lorraine L. Vallejos 131108303010 7476 Maple Street Longmont, CO 80501 Robert L. & Lynette F. Clapp 131117000003 9216 Weld County Road 15 Longmont, CO 80501 Page 4 of 15 890448 Bruce L. & Lois A. Allen 113117000005 7041 Weld County Roes 20 Longmont, CO 80501 Michael P. & Bernadine L. Humphreys 131117000007 781 Cuchara Denver, CO 80221 Glenn A. Hood, III Glenda Rae Love 131117000008 7102 Sioux Court 5390 E. 65th Way Longmont. CO 80501 Commerce City, CO 80022 James A. & Kathleen M. Mason 131117000009 9556 Del Camino Lane Longmont, CO 80501 Myron P. & Connie S. Greener 131117002001 2098 Sierra Vista Road Longmont, CO 80501 Anne G. Curtis 131117002002 9932 Sierra Vista Road Longmont, CO 80501 Russell A. , Jr. & Sandi K. Digesualdo 131117002003 9912 Sierra Vista Drive Longmont, CO 80501 Richard B. Smith, Sr. 131117002004 Richard B. Smith, Jr. 131117002005 Jean D. Smith 9892 Sierra Vista Road Longmont, CO 80501 Kenneth A. Ross 131117002006 John A. Ross Piralla K. Ross 9842 Sierra Vista Longmont, CO 80501 Richard L. & Melanson Aurelia 131117002007 9802 Sierra Vista Road Longmont. CO 80501 Page 5 of 15 890448 Elbert D. & Dorothy Jean Dawson 131117002008 9752 Sierra Vista Road Longmont, CO 80501 Michael A. Rhoton 131117002009 7213 Del Commundo Longmont, CO 80501 Cherry A. & Robert A. Sauers 131117001001 9951 Sierra Vista Road Longmont, CO 80501 Stephen H. & Rosalie J. Ray 131117001002 9921 Sierra Vista Road Longmont, CO 80501 Allen A., Jr., & Judy A. Bossard 131117001003 7111 Loma Linda Court Longmont, CO 80501 Michael P. & Barbara S. McVicker 131117001004 7101 Loma Linda Court Longmont, CO 80501 John S. Folsom 131117001005 7050 Loma Linda Court 131117002006 Longmont, CO 80501 Myrna D. Folsom 131117001007 7050 Loma Linda Court Longmont, CO 80501 Gerald E. & Cheryl A. Drumright 131117001008 7110 Loma Linda Court Longmont, CO 80501 John A. & Cheryl A. Schriver 131117001009 7077 La Rosa Court Longmont, CO 80501 Carroll J. & Elizabeth R. Grand Pre 131117001010 7027 La Rosa Court Longmont, CO 80501 Page 6 of 15 890448 ! 4 Richard D. & Esther D. DeManche 131117001011 7026 La Rosa Court Longmont, CO 80501 Edward, Jr. , & LaVeta Rae Boehm 131117001012 9801 Sierra Vista Road 131118000041 Longmont, CO 80501 Joseph J. & Veronica W. Bilger 131117001013 9751 Sierra Vista Longmont, CO 80501 Glenn E. McGirr 131117001014 7033 Del Comundo Court Longmont, CO 80501 Samuel J. & Madlyn Palacio 131117001015 7032 Del Comundo Court Longmont, CO 80501 Robert H. & Suzanne G. Hamm 131117001016 9711 Sierra Vista Road Longmont, CO 80501 Selma E. VanDyke 131117001017 • 9671 Sierra Vista Circle Longmont, CO 80501 Paul E. & Virginia Pearson 131117001018 9651 Sierra Vista Road Longmont. CO 80501 James F. & Betty A. Eckart 131117001019 7035 Del Camino Court Longmont, CO 80501 Carl D. & Mary Ann Brower 13111700I020 7036 Del Camino Court Longmont, CO 80501 Robert M. , Jr. , & Claire E. Danos 131117001021 2331 Tulip Way Longmont, CO 80501 Page 7 of 15 890449 s s Frederick J. & Lori M. Sanok 131117001022 9501 Sierra Vista Road Longmont, CO 80501 William M. & Linda E. Cappelletti 131117001023 9461 Sierra Vista Road Longmont, CO 80501 Donald L. & Cindy L. Lewis 131117001024 9421 Sierra Vista Longmont, CO 80501 William A. & Diane M. Opperman 131117003001 9712 Sierra Vista Road Longmont, CO 80501 Lawrence 6 Marie Barker 131117003002 9672 Sierra Vista Road Longmont, CO 80501 Orin S. Hanson 131117003003 9652 Sierra Vista Longmont, CO 80501 Karen K. Keel 131117003005 7212 Del Comundo Lane Longmont, CO 80501 Martin L. Jones 131117003004 9856 Del Camino Lane Longmont, CO 80501 William B. , Jr., & Linda L. Chambers 131117004006 9562 Sierra Vista Road Longmont, CO 80501 Steven H. Nelson 131117004005 9552 Sierra Vista Road Longmont, CO 80501 Michael R. 6 Carol L. Slusher 131117004004 9522 Sierra Vista Road Longmont, CO 80501 Page 8 of 15 890449 • • Raymond A. & Sharron Faye Bashline 131117004003 9482 Sierra Vista Drive Longmont, CO 80501 Richard M. & Deborah Ann 2ubko 131117004008 9452 Sierra Vista Road Longmont, CO 80501 Terry G. & Marcia J. Lierman 131117004001 9422 Sierra Vista Longmont, CO 80501 Jason P. & Eileen Skillingberg 131117004007 9855 Del Camino Lane Longmont, CO 80501 John . Karen L."iauch 131117004009 c/o Terry arcia Lr'erman 9422 Sierra V a \ Longmont, CO 80S�3„ Larry K. & Judith A. Jackson 131117005020 9056 Del Camino Lane Longmont, CO 80501 Gerry R. Cole I31I17005021 9136 Del Camino Lane Longmont, CO 80501 Richard C. & Emma 0. Love 131117005015 9206 Del Camino Lane Longmont, CO 80501 Gerald R. & Michelle D. Gathje 1311117005003 9055 Del Camino Lane Longmont. CO 80501 Bernice K. Walker 131117005005 7501 Weld County Road 20 Longmont, CO 80501 Shirley A. Banker 131117005022 9135 Del Camino Lane Longmont. CO 80501 ^8o Page 9 of 15 89044 • • Kip A. & Sandy L. Carruth 131117005023 9205 Del Camino Lane Longmont, CO 80501 Ronald A. & Ida E. Murphy 131117005024 9265 Del Camino Lane Longmont. CO 80501 Donald L. & Betty R. Faust 131117005025 9365 Del Camino Lane Longmont, CO 80501 Victor & Josefina Baeza 131117005026 9465 Del Camino Lane Longmont, CO 80501 Michael D. 6 Susan L. Harleman 131117005006 9462 Apache Road Longmont, CO 80501 Robert L. & Kathleen R. McGirr 131117005027 9362 Apache Road Longmont, CO 80501 Dale R. & Patricia A. Nelson 131117005017 9262 Apache Road Longmont, CO 80501 Donald Lee & Janice Faye Schilling 131117005018 9232 Apache Road Longmont, CO 80501 Gary Lee & Lillian M. Harper 131117005008 9132 Apache Road Longmont, CO 80501 Thomas Edmund & Beverly Jane Moore 131117005019 9062 Apache Road Longmont, CO 80501 Loretta T. Contreraz 131117005019 9032 Apache Road Longmont, CO 80501 890448 Page 10 of 15 • Mansel M. & Lyla R. Spencer 131117005034 7103 Sioux Court Longmont, CO 80501 Donald D. & Alice D. Vincent 131117005033 7033 Sioux Court Longmont. CO 80501 Maurice E. & Virginia E. Ruge 131117005031 7032 Sioux Court Longmont, CO 80501 Glenn A. , Jr., Barbara J. , & Glenn A., III, Hood 131117005030 7102 Sioux Court Longmont, CO 80501 Edward W. & Nina C. Patton 131117005028 9031 Apache Road Longmont, CO 80501 James A. & Laurene M. Grabowski 131117005053 9061 Apache Road Longmont. CO 80501 Darlene Hilbig 131117005054 9131 Apache Road Longmont, CO 80501 Jeffery R. & Tammi J. Landis 131117005052 9231 Apache Road Longmont, CO 80501 John T. Gorton 131117005010 Carol J. Adams 9261 Apache Road Longmont, CO 80501 John D. & Susan K. Gerhardt 131117005029 9331 Apache Road Longmont, CO 80501 Curtis W. Creager 131117005035 9361 Apache Road Longmont, CO 80501 890448 Page 11 of 15 Peter A. Schmidt 131117005036 9725 Del Camino Lane Longmont, CO 80501 Scott T. & Darlene C. Abell 131117005011 9461 Apache Road Longmont, CO 80501 Kevin L. & Elaine L. Paulsen 131117005044 9656 Del Camino Road Longmont, CO 80501 George R. & Pamela J. Thompson 131117005037 9756 Del Camino Lane Longmont, CO 80501 Howard E. & Jeanette E. Noble 131117005038 7262 Del Comundo Lane Longmont, CO 80501 William D. & Kathleen J. Landon 131117005043 7342 Del Comundo Lane Longmont. CO 80501 Carlie T. Terada 131117005012 761 W. 87th Place Thornton, CO 80221 Randall W. & Susan M. Mason 131117005040 7303 Del Comundo Lane Longmont, CO 80501 Fred Martinez 131117005039 Ruth Allison 7253 Del Comundo Longmont, CO 80501 Richard E. , Jr. , & Shirley A. Rollins 131117002010 7250 Weld County Road 22 Longmont, CO 80501 Roland & Carol Bunn 131117005042 9915 Navajo Court Longmont, CO 80501 890448 Page 12 of 15 • • 1 Charles J. & Annetta L. Murphy 131117005041 9955 Navajo Court Longmont, CO 80501 Germain Investment Co. - 13k117005050 910 15th Street, #1050 131f11005049 Denver, CO 80 �` 131117005046 131117005032 13111700504t . 131117005045 " - Conrad E. Schubeihh 131117005048 935 West bster Chicago, IL 60614 \�. Larry 0. & Connie J. Fulton 131118000051 6071 Weld County Road 20 Longmont, CO 80501 Richard L. Fulton 131118000052 6099 Weld County Road 20 Longmont, CO 80501 Jesus & Theresa F. Padilla 131118000032 6173 Weld County Road 20 Longmont, CO 80501 Carl M. Smith 131118000049 6251 Weld County Road 20 Longmont, CO 80501 Joseph N. & Sandra L. Lewis 131118000050 12366 Mineral Road Longmont, CO 80501 Rosa E. Davis 131118000030 P.O. Box 63 Frederick, CO 80530 Robert J. & Katherine M. Dvorak 131118000028 6363 Weld County Road 20 Longmont, CO 80501 993448 Page 13 of 15 Lowell M. & Betty L. Alderfer 131118000055 6395 Weld County Road 20 Longmont, CO 80501 John & Adelia Salazar 131118000042 6787 Weld County Road 20 Longmont, CO 80501 S.A. & Glenda P. Slatkin 131118000044 1568 Colorado Highway 52 Erie, CO 80516 Cole & Mildred E. Kugel 131118000001 420 Longview Court Longmont, CO 80501 Harold E. & Berna M. Bryan 131118000029 6325 Weld County Road 20 Longmont, CO 80501 Richard T. Godwin 131119000039 Gregg A. Moran 601 Chambers Road Aurora, CO 80011 S L S Turkey Farm;--Inc. 1 20000017 6825 E. Tennessee Ave`n Room 235 Denver, CO 80224„ Bernard E. Teets 131120000001 P.O. Box 182 Firestone, CO 80520 Added by Drew--not shown on Ownership List: Richard L. & Elizabeth A. Wilson 131118000043 9485 Weld County Road 15 Longmont, CO 80501 James & Linda Clemmer 131118000054 64'99 Weld County Road 20 L'dngmont. CO 80501 Parcel accesses from WCR 20, but does not border it- Signed petition 890448 Page 14 of 15 • • Signed petition, but not shown on ownership list: James b Deborah Laydon 7150 Elm Street Longmont, CO 80501 Ownership list shows this property owned by Jerome & Rosemary Kiefer Page 15 of 15 890449 * N RESOLUTION RE: ACTION OF BOARD CONCERNING PETITION FOR LOCAL IMPROVEMENT DISTRICT - CASA GRANDE AND ENCHANTED HILLS SUBDIVISIONS 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 , a Petition for a Local Improvement District was submitted to the Board by owners of property which is more particularly described in said petition, and WHEREAS, after review, the Board deems it advisable to schedule a Preliminary Rearing concerning this matter for May 24 , 1989 , at 10 :00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Preliminary Hearing to consider the aforementioned Petition for a Local Improvement District be, and hereby is , scheduled for May 24 , 1989 , at 10 :00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of April, A.D. , 1989 . IL., CA ,L BOARD OF COUNTY COMMISSIONERS ATTEST: '' ^ ^tel^ ""'�� WELD COUNTY, COLORADO Weld County Clerk and Recorder /1Lj� and Clerk to the Board C.' Kz y, Carman ..--^ " ' \.CSR ;� ! J el e Jo son, Pro-Tem }Deputy Count' Clerk ,of ..�— APPROVED AS TO FORM: ene R. ra tner C----__Lt_iL-,77 George K rnedy G �G ✓ ` County Attorney / Gorpoi�y� " 'lacy c-z ,,n�.' a ��: �'.• - < G -ea 890358 890448 FRTTTION FOR LOCAL ISPROVEMBNT.pISTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 758 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions, Weld County, Colorado, and property owners along Weld County Road 20, from Weld County Road 13, cast 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24. We, the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project, and which property will benefit from improvements in the area of; Weld County Road 20, from Weld County Road 13, east 1.59 miles: Weld County Road 15. between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone, situated in Weld County. Colorado. do hereby petition the Honorable Board of County Commissioners of the County of Weld, State of Colorado. for the formation of a local improvement district pursuant to CRS, 30-20.601. et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements. The specific improvements we wish to have constructed are as follows: Shape, grade. drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse. and culverts necessary to accomplish drainage on Road 20: Two inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates: Casa Grande Estates First Addition: and Enchanted Hills Subdivision. Further, for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1,272.00. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the rate of ten percent (10X) per annum, simple interest. We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. yg035b 890448 • • Do not sign this petition unless you are an "owner" of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. CRS, 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text) . SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A �, : MUNICIPALITY? �1Gx4a G7C ,g0;t: rt wca Gcr 20 3/ r� ,, ,{�C�hcn VerretSo i _�/ .4(As cs---E i c- S;Siouxhot ao ,3-,.73-s4 ,w 1 1G 4C,u .t�-Nr Ca 7AAtt R,c e t Pkge. sos or 1 ?/02 Sro�x 4a 7` V / 3- -2 3-c69 4 ow,e..v-eT 64e,,.! A gie_1> `cos-.0) 7/cp Sje�� 0f <� l 3-.95-5'`1 /L; 0 I s'&41sztfs-os- --7thz*r( 4.0,, • eSa.r h ✓ 77-hoc? 1650 7/02 s.`eafcT 13iii7O000O$' 3_a-57 Ill ritsa_ L0a0r e,crc'c% 6/r44 A, Noo d 7 arose ( _; / ) :plid 890448 i • • \. 5,CM TS y:.k:::NC f.vTRESS ► =CZ: t= OF ( D;. Or __ :.:: FRIt rim: PR0PMA= 1 slcu r, I TROP-TF^.. (fltle) F?TnZ': I. as SesifA I-71 f 3/2.07� i) 0 S'5yQ4Q��_ ,etr�i..ar 1.4 C"f•7w....f C..w I IJ 1 '7o�3 5/ouKcrr i r i cuvy6 ,Jr 414, C c /9 Aza ce D 0, ircg� , —J/J ' e, r Pi 1 .4cti�cfii,cn:r Cc f 1 bias Sia.acct � rj I 37t-13/%7 u I Ao,t l�+oM C0 j I � t.i.. , '7�; q=/6 cocR m' i5 137G'0000,i' •j -n'-5=f' /,n i J Acit geeef �0'5q Li- �(� ` 9 IL0 w(g.1$ i 3 -3c- �) ' __ yw '.s..__�.: ._ i131/17oovo03 114 ` \` w1 Fti e F C'Iop� j J .1 usL, j 1 J ,./Jf //�:� ._ ; `, ro e cot-4 . / 3 iii 7cou<< tr -.if 4-7 ' 12C 2'/(,,!r`,(:�jI c•c'c . I c�.?l L -�G 5 ( 1 c ( ) n (y/7_. f5GS� Cc�Nury5'z� .J .ri-i,.111.6(En z,co G�ca I I s''I I g c:�:co 4'{ ///t`7 /! 4, / i o GI�^� F floor! cr (i.orcer-,' 0o l oT of 1.1/1/97 �O • A 1 890448 • • RETITIQiJ FOR LOCok. JMPROVEMENT DISTRICT TO: Board of County Commissioners Weld County, Colorado F. 0. Box 758 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions, Weld County. Colorado, and property owners along Weld County Road 20, from Weld County Road 13. east 1,59 miles; Weld County Road 15, between Weld County Roads 20 and 24. We. the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project. and which property will benefit from improvements in the area of: Weld County Road 20. from Weld County Road 13. east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone, situated in Weld County. Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld. State of Colorado. for the formation of a local improvement district pursuant to CRS. 30-20-601, et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements. The specific improvements we wish to have constructed are as follows: Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 20; Two inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates: Casa Grande Estates First Addition: and Enchanted Hills Subdivision. Further. for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15. between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1,272.00. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the rate of ten percent (10%) per annum, simple interest. We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. 890448 • Do not sign this petition unless you are an "owner" of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may na sign this petition. CRS. 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text) . SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A MUNICIPALITY? ��.�C'..w AGM...C t�L�nr e - 90 Cc . R p«cltir 1,of ((.0 , � 7ken 3116/C1 SE�f/in�...x/rl0(ife � l ovt,vncr 13lec/: ri0(ca. Be tie ciyy -Tao C.s✓ xyc ea- y:%SO I E'o,A.>eti .0 w+ Pn-rro,,.:c . Pro-ro 9v3) APAcJu Lo7 ,2 a (.w'_•' \K! p<j<4Y . /.O N5 n. '`1 I 151 o ck 9 .0 C . ... C 4 ' taro, III ou. . . l`o f 1 5•FED i gn � Alakc er zow mewl mock c13a l cam.y r t I ,trfet C 0 20.501 .. T ��`� G ~ / ,a 4. c7 x7 U3.?/7 ' E N J � a ~ Itte,d5PpO6,/ Arkrefr •\uiwk m..at A0. 1 v cG�ao•1i;, rs�oB�< 944/Ma 2141WRCOr5 Act Lor ��9 Ak, LRusF M. Grtdo vi k�L ec � :plid • 890448 • • F.:c:.:=Ti ' f:A:Lu;c ffRss DSscR.:P^,oN of Df- or :: m::: PR= K!:02. PROP= SIC:;I;;c . PRonar (:.c:e) ;.._n':2; f. I I rax:czPA_:I,., /�}//•n•cLei dawn, 44,41.4.44:,4.,„_. !u, .E_ .1An ICc faje Se.ryr/ ,q 17.`ru n<"`L Coo. .het t3 3 /y Y l 720 ^ J q o 9xs : l 7 9e, Id 4P ,cry it J 9 io ( .�i�ce it C �i'' --4i3( — 4pc L.} �;- t- 1 •- `�Z =r.''r: o, it , �� v�o,�� 3Lk 93(Aa.. 3�Ikl�q hie r1„eit.au kni 7r1 � y K /h /I/e4i, J SO-,o1 . t .0a c QC.4....:L I y..,.5, ��/.�� Dp, /.e et��i I so c r 3�/c 9S/�/ �`I � Jailor/1i q!.Ifni;?. IL Co' A/0 Vr ror 6Oaez—' 94/4 Qcl G l..ot )v � r..noi seF.no. mo.4r.— .S"cSa ! 814C 9t45 Ale 1.ctAcv.^oN'l % o �'-- \9\.N•ri-,\ & I \gS%% l \�C. X0'7?—( '> 1`6_ �`� l�,p AIt RrY1R- q/31 ryrv� c o j y Co U It s. 4(; t h 'q crtu e SI( 9131 ;3- I9-c79I ��iG . .tr�dso�i �. 7Ga Backe . .0t i3 i3- ,9-�i ,tr— Q ��4 t f a �Ar;G ig.. 4 :> ..05. . , Ea-Di I f oc c • 3.o. soi sn `�'' ,YYo., .4 9a 3 l RP2 CA.,P�1J LO i a s '; 1--7 ,-. 31 r.—..,w. ioitowliedaccgq 3-0141 �.�0 q � � 7".5%st sf- Lot -- s 3-24-3'9 W6 X4�lz_ .e_ 1 lZcy f " L„,'G �oK�/1ltlK Zak /j�CCI� 7CS6 , 'X/44' 'Pi:7.f r..,'..,a I ROSOV . 3.c�/c 9.Z/ �' 26 89 ° , U is Li RO4 r I 60SO/ 890448 .:CCTS t KAILIUC 1W:RP:SS j nssmrno; Or I DA= 0.' •' PRIN^' GP!W ' PROPT^' SIG::I::'• PROP_T_^: (7.t:e) I I torts A :IJSICIPA:.::-Y! " ze.e..1412, I 4/ id �r �2�. I ;. �cc u ✓'rp Col" a 3.29 99 ( NO &ea ,,,J a J<r•I' 177.. V L..kil S (fir /J • +� Rid i,N=2 .4,_ ._1)CCIY f' . ,4�`'"4' c/4/' I r4 -c.ie 72 St �•�� 7 Risssvi,Sr I '73or4L„ 3' r+ her 3 s-1y-Sy .,..- I 13 1 . "airr. / 40c4 730 ,�WVIj, E._ J i her '/ y 9 NO AtcN _r•, €cocK7..2sl I I I � i ( � I I I I 890448 • • t , PETITION FOR LOCAL IMPROVEMENT DLSTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 753 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions. Weld County, Colorado, and property owners along Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24. We. the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project. and which property will benefit from improvements in the area of: Weld County Road 20. from Weld County Road 13, east 1.59 miles; Weld County Road 15. between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone. situated in Weld County. Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld, State of Colorado. for the formation of a local improvement district pursuant to CRS. 30-20-601, et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements. The specific improvements we wish to have constructed are as follows: Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse. and culverts necessary to accomplish drainage on Road 20: Two inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates: Casa Grande Estates First Addition; and Enchanted Hills Subdivision. Further, for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1.272.00. The assessment shall be payable either in full, without interest. within thirty days of the final assessment, or over a ten year period at the rate of ten percent (10X) per annum, simple interest. We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. 890448 • • . Do not sign this petition unless you are an "owner" of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may nu sign this petition. CRS, 30-20-602(3) and 603(3) . (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text). SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A MUNICIPALITY? zam-ge gctzt t5ieozA. _ ... c-f-if-542, 1�ut1A�S> LCr.�s /END U14s2 . �c:0- 3/0,-,?4 „to' ...2. 3-/e389 /J0 IS. ") 9."14.1Sfreftil A- ..�4. -,e,,ih -2- 3-fl-s-'> .r-'20 /) 12.4 0"3 it)l1 1 nM( 'Pp i r,' , r _ ��/o/ _ rr 2 cot - u; (1G a 3'rY e7 I U . 23 1) 1inli)fi 111ItP f 95ot I rhcl`'�` ` t' mall z lira—La ,} 3-4'ReEDE21CK J• sewer)] _ MO 1,, :plid 890448 • SIC:f:?I. ' 1:A:a:c /i:FISS i DESCF.T)tOx OF I DICE or : :5 -_: MIT= NAYS. FROFEFr SIGN= I FRO nr.r -. (Title) e_=n-N 6 �qq '� XINICIFAI: 717 �(4 7 Yt . c l� I ESL! Syer �it J�%r � z 3It t-5 1 1 Li-. i J 42 /vi. Sgnck_ I � ) a.: ac-n I 956 c )- I Prch- 5 -3// G ji//V S /! x,ccen, I LAe S, ' Ji^p"ilz fif'('C<. t .Cter://eT !'/STA ere 3 v kto c,e�,�a /�1l Al ) MtC+;AFL `_7Lt)e1^E- Uttirµ I fo-i' 3 89 ti1e)S4N I `s U I fr - 3l �� SAC- /ç4tiaett.ls, I L.' , .5 t 1-4 �'� ! �� - y, / I "...a.. ,2_ 3 ; I ,CS, su a.. 3l Ivy _141-4 /Y '9/89 NO , �V airing ��/ �. Q1' ON /inol•L=Er /� /nT im,yet 12//S r'fF I ,1 Re �9 S9 4/o l /J J l J , /fir n q )5ace.-u. L4'�'? 'l7 .2lE�RA `J eV i % /U4NAJE <' l/!9m'n l UIST!} - .2c 121) • J /� r/ ' ' �L" L ' Six /el, .."C"' 44°4)..- 3(9/7 // • i 'Vitt/ > Ee,[�i�.c/ I I .2cy/' 19 r 3 F_b 4r_L____17"s; fit <w m -anti-- Z .340(9 NO . . 890448 SI C:A.TZ. xAt x:4t cTRESS i DSSCfiIP^ON or DC, OF :£ =._t PF.Iz= t:A.c , PROPL S:C:I::C ?Cr (Title) '?rcTIN t 1I6.P6:^t 1;74 .t.b� r103G qQ � r 41tav eS.t:kJ I C"�� , ! � 4C . ,I iiefrit—tkel I "542-Sae.'" i 1-&-zil. ,/ , IL,! 1,t,.., (.:.1it ( .. r$ sU cur_ B•IASI o-P.ci � " ( �� 3- G 29 .�c , •.1 f41.:4 le. i tf(17Q. Sr�'rf— tl.t :K 3 > -7 �',s .e.a lb 3 9-59 ' •-----‘f ) / 19L 7; S;via—i I , •-Zl I7 No ii)Apcm,ArdJ;I .siLi,,,v,E I U,el k`) ( 1-et 4 Awl ga. i/, 3jocA 2/ 8heMOt� Ata r()Shir�?k Y dot •1/4/ '�_ �� b�9 ND ;Mi 1' 7t t ,i,.v ' , c. AC »:il� I / sec-h"‘" .4774- cO 890448 • • • fET]JION FOR LOCAL IMPROVEMENT,p;sTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 758 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions, • Weld County, Colorado, and property owners along Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24. We, the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project. and which property will benefit from improvements in the area of; Weld County Road 20, from Weld County Road 13. east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone, situated in Weld County. Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld. State of Colorado. for the formation of a local improvement district pursuant to CRS, 30-20-601, et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements, The specific improvements we wish to have constructed are as follows: Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 20; Two inches of asphalt pavement. four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates; Casa Grande Estates First Addition; and Enchanted Hills Subdivision. Further, for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13. east 1.59 miles; Weld County Road 15, between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1,272.00. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the rate of ten percent (l0Z) per annum, simple interest. We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. 890448 0 0 , . Do not sign this petition unless you are an "owner" of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. CRS, 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text). SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A MUNICIPALITY? ni / yY ; Z 5,crra Lot ' r/crk ! A.4 .,1ely 'lc l_ht,42_4 ,L •• '� U ,•.tn C-.I•. Cir*- c c. S4 C,;,,,,,k,a I��j pp L,:.,y r.n At e-,rtiC.3 R SSr/l IJ_•brma/ c+ �1/Z Soften. ze -f 3 151. / 3—/Y-S's Pt) 7'��-ea <". a -1,-Z--.44/7r a" H Rd ` �S,,.4,. A I1D•e-essA..tic�u/ S �J(//_ // @ Vis to a rnn ./e r • 'Jlrt(�i ��. �/ I'ILa�V/ K.[D J �, 7 2o � y /t1 ry ..!-fm-v..... ke-.L CA . 3/i t ✓ra Q `�ckcel 1 p''oisu ttk2✓ Abh9ato44- Ce. ,g, 0 �/� Z �n'yA `,,h:{ �((J 'try/y� 6. I rlJ / / / /; ..J�/ —? ?Primo -S ilfrdicky{ g.ney\ IinL f o- I 1 r, ci•P;:/ !s-,,..,,&12,3. *n•.h N/, 5:BC7:/,f' , i if 79 to , /1 //ei / :plid ;•, .,.�, 890445 ® • SIc, ,: j EA::: .,, s7n•SS ; DESCF.:77.;ON or tr.: r5'.aI :;1 } ; PR0PSF_' j S:C%:SC i PROPi-Y i r^NICITAL=T .1r7 ✓ /. / )E (), a>Nb' ;ke'n .,nj,7),:zz/I/ ai) I..GCk-C ;i. O ? t /Le C KaN/3.tJ c. M,ga/tide/i'', ' rJli(3lcmm /,n,wi hot j e%'SiseNdniwrcsisse";s l'3A"IC zrA i 3-24047 , IV / .47 / 6. i e j i • &res.';/44 - &Jua,.N,5Nl c4y.ntc,:reo n,,s/ nicc-,e a °�-ldOlr91 f! 0 ,..",,,°A77.1,4oe+ t i J;A C�-2a4u x N a-J�, ere Ile I Ue,c Ccae 0;77 f1 nieres 3 -,7-frp ! Al e �I� tUi '! r3toCK 2 X � � � � {,ytCSN Cr I CASA GRA4tDc ('f/c12°L 4. SeiltrL, ,?' LOVv4v7Un•t ci,gs( 475"1 45 i 3-f-I? n.)0 ' kyr , ._& -- 7lSG pricy/62- 5t' , 'k ��.crp:. b .?PLED /-t, &a>J7,-de i3-a -7.eei j ,v- piellYy�_ a7 .7256 0,., 2.c.7-„vs� � d A r O tex -2rr1/4,1 v // �1$ lie' {'4aeRi . L� 6,-4 70 3. , f)&i r L.ot I C C..c.mur,(l o et- pi I. a 3 8-8°1 No / \) ( _+. s `yo5r � I t Ue t- !S < -.��Ct�cGss,.. ;=;-","� � �o!-rr� /v�.c�u �' r proc 1, a .9E -21 N 6 Alrk.4, �' /ACY. t lc; rrdolt-' /Q'C / tWi:I `4 L≥u 44, 7 z- Alva -r, L of 2R 31z�f�gef N/G /7{xrsr,� cils l-6HL� �;��' i eAC/MMare.°ltr;C sr �+i.�d"4Ya'7k'. 4��''! glierilt2?c 11`C2 ',i/Lcn5mcrt+i Co.i nCianfed i-lri 3/2c10 fU G Csy 890448 . Su:..- LT/ I NA: it:c in tss ( nnscr.:rto7: oP ,;.t or a `::T_ Fra:�^ 1J PR0PiP.= SIC[:::::. ; PR0P:F^.' (::_:e) 1 W ZW K I. I xlmcIPArl &. I�iS.,.?5 ;. il`i01 M A'OLE- I VD-c \-1 41 a,)B`1 i ¢moo i 1 LON&n o r Ifn..c In wrt-td 70L4s, fa:/-'1<.f: ove. . 7307 n,a.ich-sri,cdr /4 I4f daoviCI) �/A3 IEtic it/0. 436",z7 h2. swofc I L.O•✓ 6%,ioe/1 I grass .7.C.aa h p_ !7&'7 mile. �f I 9 /N''a�nc< .Swnpp, �IGon5Men* 11Sao� �?.d£ t ed �f��8`I NO CiAessec 70Zw %a1 saCt1 1.ct !1 { } �L i f�lvtk a i4-Z -8`r l lvo fig;<16-4 �� mike I o r[t t+,c v�T�. I I ! at_ , ieff x�lui 78. cfa csk ct ,Lot if f �s/l 'rA Deat4r)!Lan51n0.,t-Co ' aloc.k a i �/`�! 27 Ala / , 72!362/Gxvyttl �I�.c4 l? ' Ih°5✓^w'' Lo .6foc e — j j 7aa gie . 1 Li 33 ' I , cirel 6- ail 4 . �..vi 14 i y- 4, I 410 ' 7,9t,a Dee ezrozmase, ! e I oh el 1, , No M7393, � tll�,.•w,db 2O4 j I Zee:„awg en Cosy Peen-) c I 1-2-8? < lfl 1 r1a� / IL J r 1 739 aJot(a ,a.�.4i Aot 31 �t,r srG!t4 . �.w, +k!1rQvt t__) v,(Ink tkU11f -ci( KJ l `G'J4I ciY w& 890448 • i C,,I.::`� I ST taSL21;C t:.:FOSS j D_SCF.T FT:0,`; OF JF"i OF i :° 117::::- FEIN= 1;t pR0PT_' S:C:2::C I rR0PEF.' (Title') ( Vt:r:J; A. ":L'SICIptiT^" 0137 aAa , f "� i Oa. G1/rt6%VIA0 ! �L<O g �J `�/7 !C/tar7 6temvJt 3•/984 I l Y�/( 1 f' �/JNG csrgres .azd.i.Ilas&Ziliz1esi !Oau,i00 GAStl °ONO E Qrdi St-61 't eld zeg L9ir 7114 4)i LANE" E sit,res I ! i I I i i i I I i ! I I I1 I I t ! I I I I i i I I 890448 s • I ' PETITION FOR LOCAL IMPROVEMENT DISTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 758 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions, Weld County. Colorado, and property owners along Weld County Road 20. from Weld County Road 13, east 1.59 miles: Weld County Road 15, between Weld County Roads 20 and 24. We. the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project, and which property will benefit from improvements in the area of: Weld County Road 20. from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone, situated in Weld County. Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld. State of Colorado. for the formation of a local improvement district pursuant to CRS, 30.20-601, et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements. The specific improvements we wish to have constructed are as follows: Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 20; Two inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates; Casa Grande Estates First Addition; and Enchanted Hills Subdivision. Further, for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15. between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1.272.00. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the rate of ten percent (10%) per annum, simple interest, We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. 890448 • • Do not sign this petition unless you are an ^owner^ of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may sign this petition. CRS, 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text) . SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A MUNICIPALITY? � u -75-1c1-7 `z ¶ 7 y,�e' l J /et S ` �i�/21 5j / � 4I �^u^.�., .l ^ ou rcti r) CG 'C m/v4.c"" A. /?7,-:7Oi/v � y57G L 1 t g/i-c C . 4 /i/v 1 / /,// r/'//':ll ;,�,/'rr,, r, .: %c/%%reet 1w I Ln/ / +++ s^' // ( /X14,2 rid /, dw ci s ) � LOt I I-tLrr, 11 Ye-cc-lac/4- %..C4 y/4 en T'/ '3 /y-a% Pe) l . ./ IJ 1 /'d• n52.57)/ / , „„, / caJr-i�„i /......O .3 /'/- Y :plid 890448 S:C:Jf 72 EAILIKG iir.n.SS j D.SCR: O:; OF I Jcz or I: 1: PRINZ t:Ir i PROPZ7ZY SICNI:w TRM.?' (Title) i L.^_MIN 6 I , 2714. 2, !.hy/� , `` 2.104-. i-?&., ILoT .3 '.3- /it-J'i' No 1 ,� v:.-.4-_ _�^"c`' r�" `t.'a/v1 I OA; L./V'. I w EP.) ?2 r'! Li:, v N I r 1 ;.(? Lt.;.tL. C . .,.. T-4. �J 7.0 t: t7 ! I 3 G L o i 3 -it/ -S, 2 /" .;""Lell'i a=-6r=`44c /05S .:,) 1 !_ 7 a t j//517/ /102 %� T 9a ss . j L� d �( 13 _t ;-a9 ! Oa C-e-cTk 1 e S . C. (“4-in: J 141/y G IJt JC'4rr 0 i1 0('1CI?</ e :, /Z• � bQI., o .,,'fr r np - �j II //s Do JG'Nm:se / i tr->�LG.,'.C.S,:CL L-Lu�Lf:Tc.S'-Y�rCN .ti r, �CniT C.. �0 W ! /r�g�^ /' o S,17/i7i�'.1 . l3inkt'iLl Cr' C 'S-4)/ I J • Ctsreb,✓�f e i j � 7 L i-o". trl �� t- ( "_G4� f6i..-: I I r iti0---.- nrt.✓r"(/e I _: e A-4 2,/ /. 1-2,,s - I _5 a re) { A or 7 >� „7.),„ /r-Sf , eat,O I Z./�1'/.t�^GrcJ_Aa.t.& z-!�ollGmo tJ / E,CJr�Ar: k.•At,C!•�n6I Sao / 40* 37 .3- 16, in 27o i 4.71)/Al 4. /'AL/xN l��/mA k >J I e ! 3 / 3-/'of !16 zrpzci , Ln 3//k/el 1" 890449 • • S:C.a. NA::u;G ,::P.ISS j DSSC IF=0% OF ; DC OF _- MCI: FRI= 1:A XI. ' PROPrr I S1GSI:;J I PROPLF_Y (IIG1e) I 1 7/17.-711: 1 "CSICIPC I 6�C(e 11 T omPseri Ilan eta �a T� tiG t! Ilan n c IA-3; , s/b/8/I z.ei „� ry,,.�., ii ,_„�. L >nod-goscy : /!L. „L„axi_�e) 24--$ 1 y9-c Wi e Azi I rtW ! .Lor le `-1,q-7/5'9 i ! I ,F:JSvl Ler vim: Cija.2lcs l • m✓�Pi� �v ra.n4 . T �5 i . S ^�.fak Agait l / I- �T 7 114? IVCJI rcYe r u � �+1t� l , Q� J CQ` i !� 1 -- _ .- rn.�"`�f�.� CCi('-„:.r�10w`t L 07 7 £JaQf ai Pc N 11 1 / j 9Y ki, C., f' / / a z 7/Y c!� ( k(4,i D t /� ` ! 742.41 we 2 -2O ( Co sow( I `�' I goy/ wcgz Ott ,o co I ( 3 )/29 �o !ipzi_AALeo /0,11„no�, ? a . 0_,geety) it.So1 4 ..--- I ,a4.44-v licei xrpt.G 3/2z/�-s nes: 0.0" ai ' N tad • E. 9j 91ssr bca,.,.,:z i • , p / G//ecA, ,a7,7; b,,,.9 dock Li/85 No si""Ct AC : . - 990449 • • • S2 CNI.^"2 I ::.1N: /.,".:USS i DSSCF.:r=v; or I ran or i .S _r PR11. i;IY.T PROPT„^..' ( SICNI:w I PRPPr�' tTILIe) I I TCTICN A I eN i'igii.i.e.esttinsttil avc,ne, t4;\,i 1 g tMi 1)cD n1 in.sirktmLon mo ' 1 til-reti /+ l � I c..../ ,,,31 /1fV r+.4.--,(... i rg - 3/i3/ / I S L.., 11 LL T�JIIerrc�L' Srti / K,,,rirnci17` i 1..rT a n. yJ `1\ u f I 11 I 1 �OCN '. 3 5 /. . a,`,\.ti•,.n, \-\n...'1,• y I I I I I I I I I I I I I 1 I • I I I I I I 890448 • ,„elf,41O4211. Air C ' PETITION FOR LQCAL IMPROVEMENT DISTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 758 Greeley, Colorado 80632 FROM: Property owners in Casa Grande and Enchanted Hills Subdivisions. Weld County. Colorado, and property owners along Weld County Road 20, from Weld County Road 13. east 1.59 miles; Weld County Road 15, between Weld County Roads 20 and 24. We, the undersigned, citizens of Weld County who are owners of record of real property, propose to be assessed the costs for the project, and which property will benefit from improvements in the area of: Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15. between Weld County Roads 20 and 24, in an area generally northeast of the developed portion of the City of Firestone, situated in Weld County. Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld, State of Colorado. for the formation of a local improvement district pursuant to CRS, 30-20-601, et seq. Such improvement district is for the purpose of road improvements and drainage improvements incidental to the road improvements. The specific improvements we wish to have constructed are as follows; Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Three inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 20; Two inches of asphalt pavement, four inches of aggregate basecourse, and culverts necessary to accomplish drainage on Road 15. The specific time and manner of assessments we recommend is as follows: The property owners be assessed on a per lot basis for all lots within Casa Grande Estates: Casa Grande Estates First Addition; and Enchanted Hills Subdivision. Further, for each individual parcel of land adjoining Weld County Road 20, from Weld County Road 13, east 1.59 miles; Weld County Road 15, between Weld County Road 20 and Weld County Road 24. Further the assessment shall be only for the cost of materials and labor for the installation of the asphalt and not exceed $1,272.00. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the 'mate of ten percent (10%) per annum, simple interest. We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. 890448 • • Do not sign this petition unless you are an "owner" of real property bene£itting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may pqs, sign this petition. CRS, 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text). SIGNATURE MAILING DESCRIPTION OF DATE OF IS THIS PRINTED NAME ADDRESS PROPERTY SIGNING PROPERTY (Title) WITHIN A MUNICIPALITY? VU n4. .Ca./;;•2A-4 a- .lj�'�4n I'J�./. (\ P.LI� L�fL I �° cso' .21 .WcRa loi.,.......L\„ iti• C,C,_\h-'4_,-/-1 , _,.., , CYO; I M ,at.0 AI a o r s e rs C 41.., d, o 6,)/ Lw l A.--47.1-cri � t�� her ' ya) i,'.JomJni Ca 0S L. it Jsor 4,?-2,4,t7/1 - !27/1 /11, 17�c�y 7A . -� «,mac L.C 9 3f /szJ JUG -4r fir ' ? c'L+ liv L_ , :plid :;CV.7.T= I YAILIRC LJ7PSSS DESCRIT"_.0)7 OF I DC or :C =LS' FRIFI✓ NAY: I PROPc'F ( SIO\I17C TROP?7S' (::?.le) 4__nIN J. rj:iICIPALI^•, 11-4kil ,i / .3r' l �_ /1/i I �' luck' A"1 1 �p I�' ii` / 010� � K rill,,,, •1/2.(4/ ., 4a-,,,,,. ) 6, i44-\ / I I / .' / A ' �L., '� /,NIA /C i 'c /. 7:r' r.- �(.. 7i/ / C '"VI A ' t. /� ( et) '' % I -ri /_ <,Leri, r ' � _ (2/ //v./ 6 i 7 .,/'' LAC'—j_!^1 I t ` 9 (//e- y_' n, ^ ci ..✓'- I ;I/i y '77 c'? // I I LE lc. ti .ird Pi.,- I .j I r y "3° A s / id 7.7 /v r (2i%N� ,-' fi !n z • ?J79 Ail ! ) c ..,1 - :.I ; C) ,•; (2I I ; 6-i"c1cLdig .�. jell-Ai/1 ('/=1;r 1.1 . (\,,• 1,://c I , ! I tr.:I/ill/I :. ;7 1 ti /1/7//It 1 V CC'y ev C e!"l ii i :) r-:2—G% I 7 ci \ i I i I I I , 890448 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 9856 Del Camino Lane, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property propos d to be assessed and benefitted. Martin L. Jones Sig ature of Ci ulator Printed Name SUBSCRIBED AND SWORN to before me this cm day of , 198.iCi 11 � Not y Public }My Commission expires: '12A.-ti 2V992 Qra1t! n MAY 08 1989 MO re RIVIMOR :fac 890448 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 9062 Apache Road, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property proposed to be assessed and benefitted. fi ///� nq/ Beverly Jane Moore Signature o rculator Printed Name SUBSCRIBED/J AND SWORN to before me this ,� ! day of /�(,!,��.�Z 191. Notary Public My Commission expires: :fac 890448 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 7032 Sioux Court, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property proposed to be assessed and benefitted. �((� + 'Vat-� Virginia E. Ruge Sign I4 of Cir 1 or Printed Name ////SUBSCRIBED AND SWORN to before me this gt'• day of hi , 19a. bTth3 �d t11, Notary Public My Commission expires: h'?1. Zr) /992.) a a___ MT U 5 1994 1]. moo 4 ti l' p1YY1G f :fac 890448 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 9265 Del Camino Lane, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property proposed to be assessed and benefitted. v Ida E. Murphy Signature of Circ for Printed Name / SUBSCRIBED CR�, AND SWORN to before me this �. ./ day of (74.49747 , 19 29 . ..vt/fJ~ii�X'�/7�i1LJ//i� Notary Public My Commission expires; O 7/if afi '' r w MAY0c 1999 :fac 890449 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 9056 Del Camino Lane, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property proposed to be assessed and benefitted. AaC Larry K. Jackson Sign re o Ci ulator Printed Name / SUBSCRI AND SWORN to before me this y i�1� day of fc 1 , 19 . / Notary Public My Commission expires: /57' /7/ 1 MAY 0 8 7989 PRO MC/Mr :fac 890448 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 6787 Weld County Road 20, Longmont, Colorado 80501, that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real roperty proposed to be assessed and benefitted. John Salazar ignature o Circulator Printed Name SUBSCRIBED AND SWORN to before me this S day of ft1� , 19 0 1 . (31 .f/t111f/(M Qir� a Notary Public My Commission expires: /i7/90 71-07,757417151 MAY 0 1989 1!1! sa*# EaE,iti,09 xr�z+r :fac 590448 • .1/^7.49 1 � / f J erg- fen-44 Wheted# �@�`�' MA- Q (42 /92 el ORDINANCE NO. 89-O IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS, OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 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, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and State Statute, including Article 28 of Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 89, weld County Zoning Ordinance, establishing a comprehensive revision of the zoning regulations and zoning maps for the unincorporated areas of the County of Weld, and has adopted. amendments in Ordinance 89-A through 89-P, and WHEREAS, said Ordinance No. 89, as amended, is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that certain existing sections of said Ordinance No. 89, as amended, are repealed and re-enacted, with amendments, and that various sections are added or revised to read as follows: Amend Section 23 to read: 23 Site Plan Review 23. 1 Intent and Applicability 23. 1.1 The intent of the Site Plan Review procedure is to provide present and future residents and users of land in Weld COUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in Weld COUNTY. Site Plan Reviews require Ord. 89-Q Page 2 RE: ORDINANCE 89-Q additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience, and general welfare of the present and future residents of Weld COUNTY. 23. 1.2 A Site Plan Review is required for USES in the following Zone Districts; the R-4 (High Density Residential) District, all Commercial Districts, all Industrial Districts, and in any PUD District where a USE would require a Site Plan Peview in an R-4, Commercial, or Industrial Zone District. 23. 1. 3 No land, BUILDING, or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services. 23.1.4 The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a Site Plan Review until a Site Plan Review application has been submitted by the applicant and approved by the Department of Planning Services. 23. 1.5 No Site Plan Review shall be required for: 23. 1.5. 1 Normal repairs and maintenance of an existing BUILDING or STRUCTURE; 23. 1.5.2 Alterations which do not affect the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE; and Ord. 89-Q Page 3 RE: ORDINANCE 89-C 23. 1 .5. 3 Signs, fencing, OIL AND GAS PRODUCTION FACILITIES in the 1-3 (Industrial) zone district, TEMPORARY STRUCTURES used for the / sale of fireworks, or the TEMPORARY sale of Christmas trees. 23. 1.6 A BUILDING or STRUCTURE which was in place prior to the effective date of this Ordinance No. 89 can have its external dimensions enlarged up to twenty-five percent (25%) of those external dimensions in existence at the time this Ordinance was adopted, before a Site Plan Review shall be required, unless such enlargement is made to change the USE or type of occupancy within part or all of the enlarged BUILDING or STRUCTURE. 23.1. 7 Any person filing an application for a Site Plan Review shall comply with the COUNTY procedures and regulations as set forth herein. 23. 1.8 Applications for a Site Plan Review shall be completed as set forth in Section 23.2 , Application Requirements. The completed application and application fees shall be submitted to the Department of Planning Services. 23.2 Application Requirements for a Site Plan Review 23.2. 1 The purpose of the application is to give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as a part of the application: 23.2.1. 1 A signed site plan certification form provided by the Department of Planning Services. The certification states and affirms that the specific USES, BUILDINGS, and STRUCTURES are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Ordinance, and in accordance with anv Ord. 89-0 Page 4 RE: ORDINANCE 89-Q conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned; 23.2.1. 2 A brief description of the proposed use; 23.2. 1.3 A statement accompanied by evidence explaining how the storm water runoff will be handled. If physical changes to the site are proposed (e.g. grading, paving, increased roof areas, etc. ) then evidence, maps, and calculations explaining how storm water retention facilities are designed to retain the storm water runoff in excess of the historic flow from the undeveloped site shall be submitted. Storm water retention facilities on a developed site shall be designed for a 100 • year storm and release retained water at a rate not to exceed a five year storm falling on the undeveloped site; 23.2. 1 .4 A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the Off-Street Parking Requirements listed in Section 41 of this Ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided in all districts if required by this Ordinance or Board of County Commissioners; 23.2. 1.5 A statement explaining that the loading areas in all districts shall be located, designed, and constructed in a manner that is in conformance with the standards below: 23.2.1.5. 1 Sufficient space shall be provided in loading areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of-way. Loading areas shall be paved. 23.2.1.5. 2 Loading areas located within the I-1 and 1-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34. 2 or Section 34.3 of this Ordinance. Ord. 89-Q Page 5 RE: ORDINANCE 89-Q 23. 2.1 .6 A statement explaining that the lot shall have safe access to an approved public or private street. The design designation of a street or highway as to type shall be in conformance with that shown on the Weld County Thoroughfare Plan and/or the master Plan of the affected municipality. Vehicular ingress and egress shall be permitted only via the following types of streets: 23.2.1. 6. 1 ARTERIAL; 23.2. 1 .6. 2 COLLECTOR, when that COLLECTOR STREET does not serve any Residential District before intersecting an ARTERIAL; 23. 2. 1.6.3 FRONTAGE or SERVICE ROAD; or 23.2.1.6. 4 LOCAL, when the LOCAL STREET is internal to the Industrial District and does not serve any Residential District LOTS. 23.2.1. 7 A statement explaining that new accesses to PUBLIC rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be required by the Weld COUNTY Department of Engineering Services depending upon the number and type of vehicles generated by the USE proposed. 23.2. 1.7. 1 Size of drainage structure - 12 inches in diameter; 23.2.1.7.2 Length of drainage structure - 20 feet; 23. 2.1.7 .3 Depth of cover over pipe - 12 inches; 23.2.1.7.4 Width of access - 15 feet; 23.2.1.7.5 Maximum grade of access - 15 percent; 23.2.1.7.6 Flare radius - 20 feet; 23.2.1.7. 7 Depth of surfacing - 4 inches; 23.2.1.8 A statement explaining that acceleration/ deceleration lanes when required by the Weld Ord. 89-0 1 Page 6 RE: ORDINANCE 39-Q COUNTY Department of Engineering services or the Colorado Division of Highways will provide safe, efficient access to ARTERIAL or COLLECTOR STREETS; 23. 2. 1. 9 A statement explaining that the proposed USE meets the required SETBACK of the zone district; 23.2.1.10 A statement explaining that the proposed USE meets OFFSET requirements of the zone district; 23. 2. 1.11 A statement explaining that the LANDSCAPE requirements listed below have been met: 23.2.1. 11. 1 No more than 85 percent of the total area of a LOT in the zone district shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. 23. 2. 1 .11 .2 That portion of a LOT in the zone district which abuts a public or private street right-of-way shall be LANDSCAPED for a distance of ten (10) feet, measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas. 23 . 2. 1. 12 A statement explaining that the trash collection areas or facilities are located, designed, and used in a manner that shall meet the requirements of the zone district; 23.2.1.13 The applicant shall supply evidence that the USE in the zone district shall have an adequate source of potable water and meets the requirements of the zone district; 23.2.1.14 The applicant shall supply evidence that the USE in the zone district shall have adequate sewage disposal facilities and meets the requirements of the zone district; Ord. 89-Q Page 7 RE: ORDINANCE 89-O 23. 2. 1.15 A statement explaining that the USE conforms with the following operation standards to the extent that they are affected by location, layout, and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 23.2. 1.15 . 1 Noise. USES and STRUCTURES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the noise standards as established in 25-12-101 C.R.S. ; 23. 2. 1 . 15.2 Air Quality. USES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission; 23.2. 1. 15 .3 Water Quality. USES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the standards established by the Colorado Water Quality Control Commission; 23.2. 1. 15 .4 Radiation and Radioactive Materials. The handling, USE, storage, and processing of radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the United States Government; 23.2. 1. 15. 5 Heat. USES located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit; 23.2. 1. 15. 6 Liaht. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct or reflected light from any light source may create a Ord. 89-Q Page S RE: ORDINANCE 89-0 traffic hazard to operators of motor vehicles on PUBLIC or private STREETS; no colored lights may be used which may be confused with or construed as traffic control devices; 23. 2. 1 .15.7 Property Maintenance. Property located within the Zone District shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. 22.2.1.16 Site Plan Review Map. The site plan map shall show and comply with the following requirements: 23.2. 1. 16 . 1 The size of the map shall be 24 inches by 36 inches; 23. 2. 1. 16.2 The scale shall be one inch equals 200 feet or at another suitable scale if approved by the Department of Planning Services; 23.2.1. 16.3 Section, township, and range; 23.2.1.16.4 North arrow; 23.2.1.16.5 Outline of the perimeter of the LOT; 23.2. 1 . 16.6 The location and names of all roads abutting the LOT; 23.2. 1. 16. 7 The location and name of any water features or irrigation ditches within the perimeter of the LOT; 23.2. 1. 16. 8 All existing and proposed STRUCTURES; 23 .2.1. 16. 9 All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines; 23. 2.16. 10 The location of all storm water management devices or STRUCTURES on the LOT; 23.2.1 . 16.11 Complete traffic circulation and parking plan. The plan shall show the location, dimensions, Ord. 89-Q Page 9 RE: ORDINANCE 89-Q and design of streets, parking spaces, and sidewalks when applicable; and 23.2. 1. 16 . 12 The location, amount, size, and type of all proposed LANDSCAPING, fencing, walls, berms, or other SCREENING. 23.3 Duties of the Department of Planning Services 23. 3. 1 The Weld County Department of Planning Services shall be responsible for processing all applications for Site Plan Reviews in the unincorporated areas of Weld County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. The authority and responsibility for making the decision to approve or conditionally approve the request for a Site Plan Review rests with the Department of Planning Services. 23.3.2 Upon determination that the application submittal is complete, the Department of Planning Services shall: 23.3.2. 1 Review the application within thirty (30) days after the complete application has been submitted. 23.3.2. 2 Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the COUNTY. The failure of any agency to respond within fourteen (14) days may be deemed to be a favorable response to the COUNTY. The reviews and comments solicited by Weld County are intended to provide the COUNTY with information about the proposed Site Plan Review. The Department of Planning Services may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. Ord. 89-4 Page 10 RE: ORDINANCE 39-C 23.3.2.2. 1 Weld County Health Department. 23. 3. 2.2. 2 Weld County Department of Engineering Services. 23.3. 2.2. 3 Colorado Department of Health. 23.3. 2.2. 4 Colorado State Department of Highways. 23.3 .2 . 2. 5 Colorado State Engineer or appropriate water district or municipality. 23.3 .2.2. 6 The appropriate Fire District . 23.3 .2.2. 7 Any irrigation ditch company with facilities on or adjacent to the parcel under consideration for a Site Plan Review. 23.3.2. 2. 8 Any other agencies or individuals whose review the Department of Planning Services may deem necessary. 23. 3.2.3 Review the application for compliance with Section 50 of this Ordinance, Overlay District Regulations, if the proposal is located within an Overlay District Area identified by maps officially adopted by Weld COUNTY. 23.3.2.4 Review the application to ensure all BUILDINGS, STRUCTURES, and USES of land will be located, designed, USED and occupied in such a manner that the design and operation standards contained in Sections 32.7, 33.6, 34.5, or 35. 3 are or will be met. 23.3.2.5 Approve, or conditionally approve, the application if the applicant has demonstrated that the design and operation standards contained in Sections 32.7, 33.6, 34.5, or 35.3 are or will be met. 23.3.3 Performance Standards for Site Plan Reviews An applicant for a Site Plan Review shall demonstrate conformance with and shall continue to meet Performance Standards in this Ordinance and any conditions of approval for a Site Plan Review. Noncompliance with any of Ord. 89-Q Page 11 RE: ORDINANCE 89-Q the Performance Standards or conditions of approval may be reason for compliance action to he taken by Weld COUNTY. Amend Section 24.4 .4 Change the word "wetting" to "setting" in the first sentence. Amend Section 33.2. 2 Add the following sentence after the first sentence in the text. "No outside storage will be allowed in the C-1 District. " Amend Section 33. 4 .2 Delete the second sentence in the text. Amend Section 33.5. 2 Delete the second sentence in the text. Amend Section 33.6 .1 .6 to read: Areas USED for trash collection shall be SCREENED from PUBLIC rights-of-way and all ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind or animal scattered trash. Add a new Section 33.6.1.9 to read: Outside storage. USES in the Commercial Districts involving outdoor storage of vehicles, equipment, or materials when permitted shall be SCREENED from PUBLIC rights-of-way and all ADJACENT properties. Amend Section 34.3. 2. 1 Delete the words "Zoned R-1 , R-2, R-3, R-4, R-5, C-1 , C-2, C-4, or I-1" from the second sentence in the text. Amend Section 42.2. 3.5 to read: Minimum SETBACK 50 feet Amend Section 42.3.2.3 to read: Minimum SETBACK 25 feet Amend Section 42.3.2.4 to read: Minimum OFFSET 10 feet Ord. 89-Q Page 12 RE: ORDINANCE 89-O Add a new Section 42.3.2.5 to read: Minimum spacing between signs . none Amend Section 42 .3. 3. 1 to read: Maximum number per LOT 2 Amend Section 42.3.3.4 to read: Minimum SETBACT 15 feet Amend Section 42.3.3.5 to read: Minimum OFFSET 10 feet Renumber the existing Section 42.3.3. 5 to 42.3.3. 6 with no change to the text. Delete Section 42.4 .3 Amend Sections 43.2.5.1.1 and 43.2.5.1.2 by deleting the words "or accessory OFFICE Unit" from the text. Add a new Section 53.7.1.14 to read: All OIL and GAS PRODUCTION FACILITIES shall be anchored to resist flotation, collapse, or lateral movement. The method of anchoring shall be approved by the Weld County Building Official. Delete Section 76.1 Renumber Section 76.2 to 76. 1 with no change to the existing text. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional and invalid. Ord. 89-Q Page 13 RE: ORDINANCE 39-Q The above and foregoing Ordinance No. 89-0 as, on motion duly made and seconded, adopted by the following vote on the day of A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Chairman BY: Jacqueline Johnson, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: Gene R. Brantner George Kennedy County Attorney Gordon E. Lacy FIRST READING: May 31 , 1989 PUBLICATION: June 1, 1989 SECOND READING: June 12, 1989 PUBLICATION: June 15, 1989 THIRD READING: June 26, 1989 PUBLICATION: June 29, 1989 Effective date: July 4, 1989 Ord. 89-Q ...."."•..::.;J'r a•duo,.I ..1*.r r r!l.,r+r r•.• . 4.0.4 :' .-....P.AW'��f#dS.P. %"AIwM.Ih'..I...4 . ••. . tf.,,r ,•Gr,,r!♦Il J" • - • -r N Pascal r STATE OF CG:...ORADD ) AV COUNTY OF WELD ) TO David B. Reynolds, being dewy sworn, sayer_ gnat he is publisher of the New News, a weekly newspap2r published a • t3.1.4 The Department el ►.im Planning Sarvxea ell not WI■ in Keorkesburg in said County and cr 'I' HU1l c De srttUCruRE ►e Ye n of f ; woe district itich requites a Site State; that said newspaper has a .. .�� Plan Review until a Site Plan general circulation �.n said County ', t arathet10: tnt ex ' clad, � b: r PDtira and has been eontinousIy and , L a °VMy� by the Department of uninterruptedly published therein, t:. ..,.- • • p,t� xo seta Pan Review 'hall • during a period of at least , tieroAltoos= be required tor: fifty—two consecutive weeks pr.:.or to the Wvd LbUAl7 flJsa Normal repairs and �t� Iratnte1 0C$ of sn e=r.r' the first publication el the annr:•eC an° dfa d , at atettGcrsTRucruxtL: nic notice; that said newspaper is a t•�fl��ffl:1�1ss Alterations • do or Doc and SIRtl 1 .DINt:ns newspaper within the meaning of the tea BUlessJN a unless auch act of the General Assembly of the • *Reroutes' are made to change State of Colorado, entitled "An Pct N°` B"w •a thebJII,ntr7GC or �eST ULTURE Ma razoto regulate the printing o`. legal Y° ae strotsion °� ,1 S.3 i Clsi° ' gxi notices and advertisements, " and a to t° uanaa�lrRU s amendments thereto; that the notice � �r.A+dree � t to diireworkr,, or Ur It PORARY ante of et which the :,anne;;ed is a printed _ r aaa� li le maid-et (Mamas tree". rarfsita"and with . copy taken from said newspaper, was m tatms,Ord VOA A 91mII1)ING or STRUCTURE which was in Place published ..n said newspaper, and in ' ell. Tf prior to the effective date ot thus rd-of saner No. 49 can have its the regular *ttld entire issues+ of at Wild eitrenal dimensions �rir'd uQ to twenty five pemat (7S 96) a every number thereof , once a week rrKisea��I,p these arttrnal dunerx+au in aa amwdad,a*e =ce Wiest r e: Tor 1 weak. that said notice w�,'� so t�aathatomotiow m was before il e published in said newspape proper •et reWeert'' ' as revuVed.Fun Review enLarrx� t ::and not in any supplement thereof, •1eittloairiewli 6"*+ ' • ' 4 to cha,ytrtNaL'St, oQrr and that the first publication of r' ; sea stn�� ar �1 Yisrt i1w Ja►l%aa S7AtJCIVRE. .-,..aid r,cf 4'Lce are aforesaid, was on the ' •' 1l.1.7 Any person filM an ef a yr iN�thePti� FM, tin and regulations as set st day of Junte, 1999, «t > n� aim arirn 1.?S applications toe it.Plan :met ::i,;d the 5 last on '�h C` la a ,.i forth eau aattiinau n'fiie completedA . a� a icalto' and application few ',..,! tf,Ji',.' 'n•` I 192 , e a tx submitted to the Plan Rtyfa'w ti I ipepartiieat of Planning Services. to protect and promote 1 772Asvacatroo puff is w d ow _ tee a$lea Plan Review r .,•,:K ,A 1,1 17fs rar4a+s DPI d the ,.r.'7, " r as ties Is W Itodeaoalirara ttyy to ais p� wrlttei and r:_:,;�r .5.-.d ,..:-'.:' ' ;w'' i t O 'J0 tore tAar tJS�CY the. - . ' ,Inform� !a aetion�� r how the � 4sarompof 11 doge$ be ' � . f'i'r,._. d as y of June, 19 EN.. a r go wi into 1 Rua"Ordinanal. The dull as Curie of the a....4/' <-14--..--- --- / v c mmi'sion ex s 9—i.2--90 `4��+ aired to py dfstkt tsrtr ■ ltwrw aa4fl'r P7p .iiit.....s:Ike- --_, (Continued. . . ) 17,—_' -;wen 4rgls-IIMd•altaraeltYbr, �n1�t�mrd tp=r ,lx�lic _r3 III tt°�e tea '�'at'dice mo a.!taaid.,. atla� :JMon ,maae6: e dlakt6S� d x `' " `WIZby_evIdanco Zed bow the liksii 6"Knnnxismay er °a�amf�Waaa4o6��a�tltgepaNtnrpR waHL:raeJ33; °1Det tNlyryy sea+aecletl SeEF location. tryout; rd deaths ior to Qrconstraltloa atnnde '^etn�a aa�a irate 4m(p°r�°b tea the holow': decision • ....net y�.��p,p ti e14 hued De • Wye. USES !! gem"e�� atepl A.41a sit a l wtear pye�ittai ld pa suchsod - Ie Mewedae—e t t and es* lad 61aa every t teat_ m'„ end N ¢aro{mePt4ibMWett, a yn4o' :•7•p• % the mite; ..�., �..d�ryy .... .lam We t�Di'R7Lfwlrn..tc.6pa.Y. U iheradya�qsentente 'dfernrpa•alaur a��a ,.. 921.4 A 6fatoaot trV d. __— ._ .^��°yaaeTar�°a'Mte�teoW ma'^ Mars 773YS:1 1►eN CwA�A-aallL' ea es PM _.. �p� �LV shall`9�'11�'3 Asked . [ M� Dept4taet ay tight � din-a aI-aid b b•. 2Cated Wea�I4r4d .P_ , ttlkroad pyWe➢� Rae of Raftnaarind� end ter ;nonatlthainied aid invalid. . all okr motion w :It Soma be tadwwaaed � ,°��.Ur Pdlotlm. Caoaa Rae Coln&Deputed OfRuji '.Q Gpi6�eN•cy: • 9215 A e etemmt exnlalato4 CCCn2e jet a r_'_1° _ WELD that the aid he m au Nr� e be _ t L-Mel p�t y(r A da dawned. shalt ne hinted,_ -in at�--p, aae00Y�Yt °penned in 223.0 6. cowls stash' Gap ' • withw wrant is an dout` oelw',.°dorm.ore ratm� :Jr, war MEWL s Jameson.73215.1 Sufficient Q!.}1I tta lean. ptwWed to l�reitat 4 lAeaets ~ iP►dCGoed°0or wowed wltAmF trigs W 53.7227 Aay tre(ellthe ditch CaaV'C4h and Recorder epnroachment epees tag- tended V or ewor. ?with _.d Ass.= ca "MtItFl�faeciDtla ymndaa4' b4'�maepbaegtd� 9oA1.5M.3 laeptryt etas located Yaltid Set.Government the ii teig.leSnt:t ad m for pi m91q Pisa race pp,•,tpAY'RY Pl[yoN: areas be caved. TIM stallwithi me Ll ca tO d IS pp�Ieea tfa a airs r eL: tyl. a me.- puma, gi ern l;�]s the • � Santee ��t�ryn e . wcba to aMosat 5crit inn iDePf li aL 1llit :Jane MIS health 64.3 etH4 std exple d et ��a r Jane 15,1M 2].2,16 A statement w e canal a the t®peabn'e the eat Wane(M' fa that DlpotroavWll have ate private r�Ilpo me Moe beyond the a located%I \rhea M s,M eEtton.: an tin o prodesigna tt ot i ohr�AtlttnAanny wit(5), a a. Y i PURL[G�f b:151► eaail . In d me WM not 9.21 K s Jan rani**' awls 'Ira .a6alaWt �ractlw date Jute 1 New 14. eettgwwwwn nn Plan Caw tpqr+ Published in The New Newer MaiLerpaan Wald a9 the uuwel °tattoo melt w Alm 1.Jum 16rand Jam 7a.14m. mae4r Plan d cul effected desigae or twara d o be 27321' Room as silo municipality.s Vehicular Id ressonly ghwh nethan err as., f0 an n %Pt as ON and egress shall be permitted only cad via the followNh Wpm d streets; �landdenit noureee d NO et aaill method der 2121A.p1 CApR�T.EvRIIALL;; ration �d y"Sir Cana Ynd met me �U tUosechon a'a21 aOIt STRRE1r wdoes noot ��ligM�frse n Vaf[lat re mii. N� aK a will serve.-end Residential ..District lawn a y...en$e..a . ., before tntcreaanx an ,...Word to operabrs d motor 27.3.25 Aomove,a ARTERIAL; wh�a1 m PUW3C or'private aDprwe the application the STR�TS. m colored ova 'MY *Slant de tea demoytt'ated that 212.7a. r FRONTAGE be which may be confused the design and operattm SEEV1OM ROAD;of with err devices;�trued ea trettk standard* Wafted In Sections centrOl 272 1,6,4 wahtsa the be Met. • I TrekndSz t and when a the 7321.16,7 located Property Maintenance. tin, Industrial and dem-not Propgrtl'.located within the tam �to,.1.3orromoma fa Datnc% District stall be maintained in y(o {ems, any rNW - such • nee a err that gr and or y son pion Roe*w weeds an MO re. thaw denoajtrate emform°net.wills 27.2.1.7 A statement exoUWng falter rthanope wdvo (12) lucbea, end ahead continuo to meet that new wee to ll The peopereVty .owner dual not Performable standar& m this ' nil the ter. nee standards wEE06. ropon,a to a SitteRhPion ftedeir, the minimums_e�m y Abee:rr� b q.2.1.16 Sit.Pan Review Map. Pe ace Standards ora the Weld COUNTYDepartmentrWd d The site eta map shall thew and tune oft twos me be Engineering Services deneMil.. comply with the tdlowmg rap for eatnollo action to be upon the number and tYDE of niuu'aoam: taken by Weld COUN Y. proposes generated by the SE :ilia' 11w she el the imp' *mend Section 24.4.4 Change the proposed. he 24 inches by 36 inches; word"wetting. to„Rhin*"in the 27.2,1,7.1 Size of dtahage flat sentence. structure•12 lochs In diameter:. . . 2321163 The Sale Mall be ace abb i7tture•meet of drainage °a, Department of Planning appr e Mimry s: sentence iowing n the te t. "No rata*the Z3.1.7.3 1¢hese� over pipe' tan8163•.:Sectio0.-4wtat,lp, and wet M allowed m the Gl Amend Seaton21.21.7.4 Width of area-15 feet; '132],16.4 North arrow; Pecrd See a the n the tau.ext.Dilate the 2721.7,5 Maximum grade- of 2321.164 OS, of the Amend sorbed 334,2 Date the access•15 percent; perimeter of the LUT aetgd chicane In the tat, 23.2.1.7.6 Flare radius•20 feet; 5321,1416 The locate,and Ss Amei i*ed.-77,6.16 to nom Of all mat abu1r44 at LOT; Anne I75F.D for trash collection 23,2,17,7 Depth of eurfacag - 4 shall be SCRFENED train mews: ,. . - 2y7t21.14.7 The Weskit and come Pt1gL1C Eighteen-way and all 01 any water features of Inz•igatiOn ADJACENT propertlea. These 23.2.26 A statement exgl.ming dl Ms within the perimeter d the area.shell be designed and USED that acceleretlo n/deteleration Nils in a manner Mitt win prevent 'ones Ili when ,' weed he Weld. wind a animal saaered trash. S eParaaat of 13.2.11e a ��t�7p V�s�ca�l sang and Ep4pay�dyl eery et the prep••ed STRWAVRYc: Add a new action 37.6_. b need: oru1 do Dlv4kneulo Highways Outside Storage. USES in the will�saL Yttlreent �e�reoexP 23 l..a' AyL dill.eeateme'dA gm, commercial Districts involving to L a' C�iJ.RC1Ox ngn*metric,watettand severer an: equipmenr t,storage materials When S77t81a'1'S; one p, ��y be SCREENED 27.21.0 A_std-t d expaming 3176.200 a4EYm 'it-'al':'-'Item P{l�riti a and that the mated SE meet the (a N6�p�{d WS an ADJA DroDt+'tMa• required A d the zone a UCrIAtFJ m et WA: darner: AroeM Mat Delete the J721.M.17 Coppice* . The M. ft-S Rd, By. 23.21.10 A statement explaining elraul nh we puking Plait Rw oond a e ce a 1.1"from the Net the Proposed USE meats piece shall show the location, eahead sentence 1a the text. OFFSET requirements o the zone dimensira, and design of estwrea�i�atea, &Intt; Pe ing spa ts. d aideweika.. Amend 9attlpn•f22a to reed: 27,2,1.11 fr eLament a tleMing 9e18ACIXK flat tae 1. AP' 2].2116.12 The location, amount Ammo Sector 42,7.2.1 to teed: requirements be listed below have nines end type of all proposed wm Matn ammo( 25 feet been mat. LARD,CAPING readmits, berme,or other�CREF.NING. Amend idle 45,7,24 to read: 1:) No more than 65 - A mlrhars OiremgT lb feet percent of total area of a vet m 27,3 ing Se d the Department the d e itnot (LIMO Mall be cover. Of 17anmR Services Agee Amid s spacing ,as cast road: tend Mill hat be deemed covered - - - ' Minumum spac between if It 4 used for growing rem, 23.3.1 The Weld County sigh ra , mm a trees, plants or !lowers or De of Pa rtmentnning Services J it is otherwise rwaby shall be responsible a for proewnas Amend Section 42.1,1,1 to read. LANDSCAPED. nil appheatenns for Site Piece c e,otosorpsr WI,„"2 - -pe Reviews In e nmmeap6Ydfed^ y-„ D31112 That proton of a DOT- areas of Wild County.•..'The egad Sector 33.4 4 reed: in tee zone district whirl,abuts p Department shell eW lave the .*mumamr, 15 feet pudic of 6riv�D for'a _a p?M btlt4•..d e 1 mK'ou =till 6o .D(fe a arel met per 10 ,mumbo& any AmeM Seotlr4 42.3.7.5 a read: distance of to angle fat .re met pew a Jutted lng any ,:6iraaf Y ID feet m tl at Y rig* saga from al aorty'as 14elaPISp bstn: • of ]Ur towu SidewalksThedecision theexistingSection and for making 'thdtetimaDyppf Mro 42.3.1.5a 4.7.34.6,thin no change driveway. may P+ss D egh the reppte+eop na°° $Ite+PIan1°Reraw a t1a3ma k raquuod LrtN0.RttaA�PeEpD meth. rest wl SlIDilees+arrhaeetRwwwof 1321that i�i:trail' rom nee$ainreallM �terdng '.:''.t>A:,, a' °4f C: rs'.lea fecWtiee are located, daslgne6. 23.3.2 Upon determination that 43.25.1.2 by 1Te words and aced in a meaner that shall the mplapplication D�s�u�bmital is or acc ory OY CE Unit" meet the nq aena d the caw Pgmpl asUMD.pertmant of from the text. • • NOTICE PUBLIC HEARING Docket No. 89-20 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 10:00 a.m. on Wednesday, May 31. 1989, in the County Commissioners' Hearing Room, First Floor, Weld County Cnetennial Center, 915 Tenth Street, Greeley Colorado, for the purpose of amending the Weld County Zoning Ordinance as summarized below: Section 23 Establishes new procedures and requirements for processing Site Plan Review applications. Section 24.4.4 Corrects a typographical error in the text. Section 33.2.2 Clarifies that outside storage is not be allowed in the C-1 (Neighborhood Commercial) Zone District. Sections 33.4.2 and 33.5.2 Deletes a sentence to eliminate inconsistencies with other sections of the Zoning Ordinance concerning screening requirements. Section 33.6.1.6 Clarifies the requirement for screening areas used for trash collection. Section 33.6.1.9 Clarifies the requirements for uses in the Commercial Zone Districts involving the screening of outdoor storage of vehicles, equipment, or materials. Section 34.3.2.1 Deletes portions of the text concerning screening requirements to eliminate inconsistencies with other sections of the Zoning Ordinance. Section 42.2.3.5 Clarifies the setback requirement for off-site directional signs in the Agricultural Zone District. Section 42.3.2.3 Clarifies the setback requirement for off-site directional signs in the Commercial and Industrial Zone Districts. • Section 42.3.2.4 Establishes a minimum offset requirement for off-site directional signs in the Commercial and Industrial Zone Districts. Section 42.3.2.5 Identifies the minimum spacing between off-site directional signs in the Commercial and Industrial Zone Districts. Section 42.3.3.1 Clarifies the maximum number of identification signs allowed per lot in the Commercial and Industrial Zone Districts. Section 42.3.3.4 Clarifies the setback requirement for identification signs in Commercial and Industrial Zone Districts. Section 42.3.3.5 Establishes a minimum offset requirement for identification signs in the Commercial and Industrial Zone Districts. Section 42.3.3.6 Renumbers section with no change to the existing text. Section 42.4.3 Deletes section to eliminate inconsistencies with other sections of the Zoning Ordinance. Sections 43.2.5.1.1 and 43.2.5.1.2 Corrects inconsistencies concerning accessory office units with other sections of the Zoning Ordinance by deleting some words from the text. Section 53.7.1.14 Establishes minimum requirements for oil and gas production facilities as a permitted use in the FP-1 and FP-2 (Floodprone) Districts. Section 76.1 Deletes section to eliminate inconsistencies with other sections of the Zoning Ordinance. Section 76.2 Renumbers section with no change to the existing text. • i All persons in any manner interested in the proposed amendments to the Weld County Zoning Ordinance are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 24, 1989 PUBLISHED: April 26, 1989, in the Platteville Herald s o Affidavit of PubCtation STATE OF COLORADO . County of Weld ss. TA-Winkler Ricael of said County of Weld being duly swore.say - that l am publisher of � • ..)..: PLATTEVTLLE HERALD Min ! Ei;� � ;l that.the name u e weekly newspaper of gonad circulation veerstit i j o > printed and published m the town of • sY } ,• �' N ."�t+ `s ,^. PLATTEVTLLE f . t 2s:atti-;ij l} if m said coup and state the notice of advertisement.of which R; � S wg to .1 I the annexed la a true has been published m said weekly x * �i t newspaper far ,{//} a } • g• .. , g 4 t?�Mti.r consecutive weeks: \:. - ii, "^ C r i,...1.-- T • S that the entice was published m the regular and®the issue of sway .17. . Y4,,,..1 1n �•S munbadsaid newspaper during the period and tlme of publication • . 7 :,21 :'f; . ,a?i e'4 of said notice sad in the newspaper proper and not in a supplement P. ` • thereof that the drat publication of maid notice was contained In the . issue of midi n1aper beating the date of I. K. R Qni ^j4 „ r 1' 1^ ll".ti'at+�ese iii iii t eu A.D. 19 and the last publication p7 • 1t.a }f; i 1 th n the Issue of said newspaper.bearing date. ' ` r• 3� As• r the day o D ;y�' ; r '.'_: • �i ',el that the said 'r•. = s,..it. ` 3 t i It PLATTEVTLLE HERALD - l: ' 'f .2 $ , ' • }}gg, =} h been published continuously and uninterruptedly fy during the g$ it �� 5• period of at least fltw n o coe th drat ee weeks next prior to the t ',g.• ' ,P ,.•. '6+ • - .- has 1 .`e r • issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the ! �•s g riling publications of mid nonce duyquadded for that purpose lthfn the �z+rStt�. r!lfg a �.p£ n meaning of an an marled, 'M Mt Concerning Legal Notices, faith,_; ^ g �-fit n 1. n. Advertisements .d Publications and the Fes of Printers and ; .'.: tFF!�a' Publishers and to Repeal I •ter of Acts gi 7.. N! • ,a#r Connie th the ns of this * Aprd 192 and i 1= s N EEtlla +yanact G �w' p r 3 r and 1.1 •! .� . _PubiWer 91re 1 X w 1 ��y9 '1 I sut lbed d sworn to When me thla4day of n -,"� f"---7) A D 1 ` 6, tar,' PubPublic sraw �i t47'5 DENY R 1•II' •(�a„. q w $ ppp Y FT. LUPTON, CO 8Q627 y ; » it.. a zIli t R ;�• I 9,...• e ;;;IiN My lernmWlon axptrmJuna 1002 - : r r g e,� 1.,v2 s •• • - E,yvC ,t ...:a ^Y Fi aI:�EJ t0,1C92 S'goy + w U tf in> } Yo e<qIs Lelf rk' i R Ili Q O al m i G.g `tele.Q wl. &kat ;fa N •* _. ft 6 itif il1UII!J ri t y i sj; CgL- XT, 5•a'♦ Ras 21 '1111 A xA8y "pY ; s 11 Q o0y'� O gas .=a•1i� :FIT at g LL ��1 q• qq 0 3 3a z v:Sawp:' ;d-! : i DATE: April 24, 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 31st day of May, 1989, at 10:00 A.M. Docket No. 89-20 - Amendments to the Weld County Zoning Ordinance OFFICE/OF THE Cl. K TO THE BOARD BY: i' � ,11 7 `% Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. t BOARD OF COUNTY COMMISSIONERS WELD COUNTY( COLORADO N. J • • Summary of the Weld County County Planning Commission April 18, 1989 Page 5 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - Yes. She feels this is a very good plan. It is one of the better plans chat they have seen recently, but because of the possibility of this area having more and more pits and the area or vicinity also developing economically, she would hope that in the future we would be able to get enough information to know what the collective impact of all the pits would be on the health and well being of the people in the area who are there now and also in the future. She has no problem with this particular plan, but she does feel uncomfortable with her lack of knowledge about the collective impact of all the pits in the area. Jerry Burnett - yes; LeAnn Reid - yes; Ernie Ross - Yes, but he would like to echo Ann's concerns. Bud lalldorson - Yes, although he too expresses Ann's concerns. Motion carried unanimously. ADDITIONAL BUSINESS: Consider proposed amendments to Sections 10, 23, 24, 31, 33, 34, 42, 43, 47, 53, and 76. Keith Schuett stated the Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. The Chairman called for discussion from the members of the audience. There was none. MOTION: LeAnn Reid moved that the proposed amendments to Sections 10, 23, 24. 31 , 33, 34, 42, 43, 47, 53, and 76 of the Weld County Zoning be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. There was none. J Summary of the Weld County County Planning Commission April 18, 1989 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; LeAnn Reid - yes; Ernie Ross - yes; Bud Ralldorson - yes. Motion carried unanimously. The meeting was adjourned at 2:20 p.m. Respectfully submitted, Bobbie Good Secretary q . .�.n!• ,wsoffloprm • • APR 2•1 1989 dY,syrn BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION c'QtELrr. cow. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that proposed amendments to Sections 23, 24, 33, 34, 42, 43, 53 and 76 of the Weld County Zoning Ordinance be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The existing Zoning Ordinance is in need of revision. 2, The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the proposed amendments to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I. Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 18, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 19th day of April, 1989. Bobbie Good Secretary • • • At 6") MEMORIVIDUM FI To Weld County PLCnnine Commission Dan April 18, 1989 COLORADO From Chuck Cuniiffe O ten • Subjem: Pronosec Amendments to Sections 2S, 24, 33, 34, 42, 43, 53 and 76 of the Weld County Zoning Ordinance The Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent ai the Veld County Zoning Ordinance. CAC:rjg • • i,4‘„ MErnoRAnDUM 111304,a Te Weld County Planning Commission Data April 18. 1989 • COLORADO .'om_ Chucl< Cunliffe OeMY-' 461 subt.cr. Proposed Amendments to the We � County Zoning Ordinance The ..t,endments are summarized below. Section 23 Establishes new procedures and requirements for processing Site Plan Review pplicstions. Section 24.4.4 Corrects A typographical error in the. text. Section 3 .2.2 Clarifies that outside storage is not allowed in the C-1 (Neighborhood Commercial) zone ui:+trict. Sections 33.4.2 and 33.5.2 Deletes a sentence to eliminate inconsistencies with other sections of the Zoning Ordinance cct:cerning screening recui.rements. Section 33.6.1 .6 Clarifies the requirement for screening areas used for trash collection. Section 33.6.1 .9 Clarifies the requirements for uses in the Commercial :*one districts involving the screening of outdoor storage of vehicles, equipment, or • materials. • Section 34.3.2.1 Deletes portions of the text concerning screening requirements to eliminate • inconsistencies with other sections of the Zoning Ordinance. Section 42.2.3.5 • Clarifies the setback requirement for off-site directional signs in the Agricultural zone district. • Proposed Amendments April 18, 1589 Page 2 Section 42.7.2.2 Clarifies the setback requirement for off-site directional sines in the commercial and Industrial Lone districts. Section 42.3.2.4 Establishes a minimum offset requirement for off-mite directional signs in the Commercial and Industrial zone districts. Section 42.3.2.5 Identifies the minimum spacing between oft-site directional signs in the Commercial and Industrial zone districts. Secticn 42.2.3.1 Clarifies the maximum number of identification signs allowed per lcc in the Cct;rercial and Industrial zone districts. Section 42.3.3.4 Clarifies the setback requirement for identifi.cation signs in Commercial end industrial zone districts. Section 42.3.3.5 Establishes a minimum offset requirement for identification signs in the Commercial and Industrial districts. Section 42.3.3.6 ^.enumbers section sich no change to the existing text. Section 42.4.3 Deletes section to eliminate inconsistencies with other sections of the Zoning Ordinance. Sections 43. .5.1 .1 and 47._ .5.1.2 Corrects inconsistencies concerning accessory office units with ether sections of the Zoning Ordirance by deleting sore words from the text. * w Proposed Amendments April 18, 1969 Page 3 Section 53.7.1.14 Establishes minimum requirement& for oil and gas production facilities as a permitted use in the FP-1 and FP-2 (Floodprone) dictricts. Section 76.1 Deletes section to eliminate inconsistencies with other sections of the Zoning Ordinance. Section 76.2 Renumbers vection with no change to the existing text. • • PROPOSED AMENDMENTS TO THE ZONING ORDINANCE Amend Section 23 to read: 23 Site Plan Review 23.1 Intent and Applicability 23.1.1 The intent of the Site Plan Review procedure is to provide present and future residents and users of land • in Weld COUNTY a means whereby orderly and harmonious »EVELOPMENT is ensured in Weld COUNTY. Site Plan Reviews require additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience, and general welfare of the present ana future residents of Weld COUNTY. 23.1 .2 A Site Plan Review is required for USES in the following Zone Districts: the R-4 (High Density Residential) District, all Commercial Districts, all Industrial Districts. and in any PUP District where a USE would require a Site Plan Review in an R-4, Commercial, or Industrial Zone District. 23.1.3 No land, BUILDING, or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected. constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planting Services. 23.1.4 The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a Site Plan Review until a Site Plan Review application has been submitted by the applicant and approved by the Department of Planning Services. 23.1.5 No Site Plan Review shall be required for: 23.1.5.1 Normal repairs and maintenance of an existing BUILDING or STRUCTURE; 23.1.5.2 Alterations which do not affect the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE; and 1 23.1.5.3 Signs, fencing. OIL AND GAS PRODUCTION FACILITIES in the I-3 (Industrial) zone district, TEMPORARY STRUCTURES used for the sale of fireworks. or the TEMPORARY sale of Christmas trees. ::3.1.6 A BUILDING or STRUCTURE which was in place prior to the effective date of this Ordinance No. 89 can have its external dimensions enlarged up to twenty-five (25) percent of those external dimensions in existence at the time this Ordinance was adopted, before a Site Plan Review shall be required, unless such enlargement is made to change the USE or type of occupancy within part or all of the enlarged BUILDING or STRUCTURE. 23.1.7 Any person filing an application for a Site Plan Review shall comply with the COUNTY procedures and regulations as set forth herein. 23.1.8 Applications for a Site Plan Review shall be completed as set forth in Section 23.2, Application Requirements. The completed application and application fees shall be submitted to the Department of Planning Services. 22.2 Application Requirements for a Site Plan Review 22.2.1 The purpose of the application is co give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as a part of the application: 23.2.1.1 A eigned site plan certification form provided by the Department of Planning Services. The certification states and affirms that the specific USES, BUILDINGS, and STRUCTURES are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Ordinance, and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned; 23.2.1 .2 A brief description of the proposed use; 23.2.1.3 A statement accompanied by evidence explaining how the storm water runoff will be handled. If physical changes to the site are proposed (e.g. grading, paving, increased roof areas, etc.) then evidence. maps, and calculations explaining how scorn water retention facilities are designed to retain the storm water runoff in excess of the historic flow from the undeveloped site shall be submitted. Storm water retention facilities on a developed site shall be 2 • • designed for a 100 year storm and release retained water at a rate not to exceed a five year storm falling on the undeveloped site; 23.2.1.4 A statement explaining that the proposed use, BUILDING or STRUCTURE meets the Off-Street Parking Requirements listed in Section 41 of this Ordinance. Sufficient SCREENED. off-street, paved parking areas shall be provided in all districts if required by this Ordinance or Board of County Commissioners; 23.2.1.5 A statement explaining that the loading areas in all districts shall be located, designed, and constructed in a manner that is in conformance with the standards below: 23.2.1.5.1 Sufficient space shall be provided in loading areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of-way. Loading areas shall be paved. 23.2.1.5.2 Loading areas located within the I-I and I-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34.2 or Section 34.3 of this Ordinance. 223.2.1.6 A statement explaining that the lot shall have safe access to an approved public or private street. The design designation of a street or highway as to type shall be in conformance with that shown on the Weld County Thoroughfare Plan and/or the Master Plan of the affected municipality. Vehicular ingress and egress shall be permitted only via the following types of streets: 23.2.1 .6.1 ARTERIAL; 23.2.1.6.2 COLLECTOR, when that COLLECTOR STREET does not serve any Residential District before intersecting an ARTERIAL; 23.2.1 .6.3 FRONTAGE or SERVICE ROAD; or 23.2.1.6.4 LOCAL, when the LOCAL STREET is internal to the Industrial District and does not serve any Residential District LOTS. 23.2.1.7 A statement explaining chat new accesses to PUBLIC rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be required by the Weld COUNTY Department of Engineering Services depending upon the number and type of vehicles generated by the USE proposed. 3 • • 23.2.1.7.1 Size of drainage structure - 12 inches in diameter; 23.2.1 .7.2 Length of drainage structure - 20 feet; 23.2.1 .7.3 Depth of cover over pipe - 12 inches; 23.2.1.7.4 Width of access - 15 feet: 23.2.1 .7.5 Maximum grade of access - 15 percent; 23.2.1 .7.E Flare radius - 20 feet; 23.2.1 .7.7 Depth of surfacing - 4 inches; 23.2.1 .£ A statement explaining that acceleration/decele— ration lanes when required by the Weld COUNTY Department of Engineering services or the Colorado Division of Highways will provide safe, efficient access to ARTERIAL or COLLECTOR STREETS; 23.2.1.9 A statement explaining that the proposed USE meets the required SETBACK of the zone district; 23.2.1.10 A statement explaining that the proposed USE meets OFFSET requirements of the zone district; 23.2.1 .11 A statement explaining that the LANDSCAPE requirements listed below have been met: 23.2.1.11.1 No more than 85 percent of the total area of a LOT in the zone district shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. 23.2.1 .11 .2 That portion of a LOT in the zone district which abuts a public or private street right-of-way shall be LANDSCAPED for a distance of ten (10) feet, measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas. 23.2.1.12 A statement explaining that the trash collection areas or facilities are located. designed, and used in a manner that .hall meet the requirements of the zone district; 23.2.1.13 The applicant shall supply evidence that the USE in the zone district shall have an adequate source of potable water and meets the requirements of the zone district; 23.2.1.14 The applicant shall supply evidence that the USE in the zone district shall have adequate sewage disposal 4 s • facilities and meets the requirements of the zone district; 23.2.1.15 A statement explaining that the USE conforms with the following operation standards to the extent that they are affected by location, layout, and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 23.2.1 .15.1 Noise. USES and STRUCTURES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the noise standards as established in 25-12-101 C.R.S.; 23.2.1.15.2 Air Cuality. USES in the Commercial and Industrial Districts shall be located. designed, and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission; 23.2.1.15.3 Water Quality. USES in the Commercial and Industrial Districts shall be located, designed, and operated accordance with in the standards established by the Colorado Water Quality Control Commission; 23.2.1.15.4 Radiation and Radioactive Materials. The handling, USE, storage, and processing of radioactive materials shall he in accordance with the applicable regulations of the State of Colorado and the United States Government; 23.2.1.15.5 Heat. USES located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit; 23.2.1.15.6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS; no colored lights may be used which may be confused with or construed as traffic control devices; 23.2.1 .15.7 Pr2perty Maintenance. Property located within the Zone District shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. 5 • 22.2.1.16 Site Plan Review Map. The site plan map shall show and comply with the following requirements: 23.2.1.16.1 The size of the map shall he 24 inches by 36 inches; 23.2.1.16.2 The scale shall be one Inch equals 200 feet or at another suitable scale if approved by the Department of Planning Services; 23.2.1 .16.3 Section, township, and range; 23.2.1.16.4 North arrow; 23.2.1 .16.5 Outline of the perimeter of the LOT; 23.2.1.16.6 The location and names of all roads abutting the LOT; 22.2.1 .16.7 The location and name of any water features or irrigation ditches within the perimeter of the LCT; 23.2.1 .16.8 All existing and proposed STRUCTURES; 23.2.1 .16.9 All utility easements or rights-ot-wey for telephone, gas, electric, water and sewer lines; 23.2.1 .16.10 The location of all storm water management devices or STRUCTURES on the LOT; 23.2.1 .16.11 Complete traffic circulation and parking plan. The plan shall show the location, dimensions, and design of streets, parking spaces, and sidewalks when applicable; and 23.2.1 .16.12 The location, amount, site, and type of all proposed LANDSCAPING, fencing, walls, berms, or other SCREENING. 23.3 Dutieg of the Department of Planning Services 23.3.1 The Weld County Department of Planning Services shall be responsible for processing all applications for Site Plan Reviews in the unincorporated areas of Weld County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiatinu any official action us listed below. The authority and responsibility for making the decision to approve or conditionally approve the request for a Site Plan Review rests with the Department of Planning Services. 23.3.2 Upon determination that the application submittal is complete, the Department of Planning Services shall: 6 23.3.2.1 Review the application within thirty (30) days after the complete application has been submitted. 23.3.2.2 Refer the application to the following agencies. when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the COUNTY. The failure of any agency to respond within fourteen (14) days may be deemed to be a favorable response to the COUNTY. The reviews and comments solicited by Veld County are intended to provide the COUNTY with information about the proposed Site Plan Review. The Department of Planning Services may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. 23.3.2.2.1 Weld County Health Department. 23.3.2.2.2 Weld County Department of Engineering Services. 23.3.2.2.3 Colorado Department of Health. 23.3.2.2.4 Colorado State Department of Highways. 23.3.2.2.5 Colorado State Engineer or appropriate water district or municipality. 23.3.2.2.6 The appropriate Fire District. 23.3.2.2.7 Any irrigation ditch company with facilities on or adjacent to the parcel under consideration for a Site Plan Review. 23.3.2.2.8 Any other agencies or individuals whose review the Department of Planning Services may deem necessary. 23.3.2.3 Review the application for compliance with Section 50 of this Ordinance, Overlay District Regulations, if the proposal is located within an Overlay District Area identified by maps officially adopted by Weld COUNTY. • 23.3.2.4 Review the application to ensure all BUILDINGS, STRUCTURES, and USES of land will be located, designed, USED and occupied in such a manner that the design and operation standards contained in Sections 32.7, 33.6, 34.5, or 35.3 are or will be met. 23.3.2.5 Approve, or conditionally approve, the application if the applicant has demonstrated that the design and operation standards contained in Sections 32.7, 33.6, 34.5, or 35.3 are or will be met. 7 • • 23.3.3 Performance Standards for Site Plan Reviews An applicant for a Site Plan Review shall demonstrate conformance with and shall continue to meet Performance Standards in this Ordinance and any conditions of approval for a Site Plan Review. Noncompliance with any of the Performance Standards or conditions of approval may be reason for compliance action to be taken by Weld COUNTY. Amend Section 24.4.4 Change the word "wetting" to "setting" in the first sentence. Amend Section 33.2.2 Add the following sentence after the first sentence in the text. "No outside storage will be allowed in the C-1 District." Amend Section 33.4.2 Delete the second sentence in the text. Amend Section 33.5.2 Delete the second sentence in the text. Amend Section 33.6.1.6 to read: Areas USED for trash collection shall be SCREENED from PUBLIC rights-of-way and all ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind or animal scattered trash. J.cd new Section 33.6.1.9 to read: Outside storage. USES in the Commercial Districts involving outdoor storage of vehicles, equipment, or materials when permitted shall be SCREENED from PUBLIC rights-of-way and all ADJACENT properties. Amend Section 34.3.2.1 Delete the words "Zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-4, or I-1" from the second sentence in the text. Amend Section 42.2.3.5 to read: Minimum SETBACK 50 feet Amend Section 42.3.2.3 to read: Minimum SETBACK 25 feet Amend Section 42.3.2.4 to read: Minimum OFFSET 10 feet Add a new Section 42.3.2.5 to read: Minimum spacing between signs . none 8 • • Amend Section 42.3.3.1 to read: Maximum number per LOT 2 Amend Section 42.3.3.4 to read: Minimum SETBACK 15 feet Amend Section 42.3.3.5 to read: Minimum OFFSET 10 feet Renumber the existing Section 42.3.3.5 to 42.3.3.6 with no change to the text. Delete Section 42.4.3 Amend Sections 43.2.5.1.1 and 43.2.5.1.2 by deleting the words "or accessory OFFICE Unit" from the text. Add a new Section 53.7.1 .14 to read: All OIL and CAS PRODUCTION FACILITIES shall be anchored to resist flotation, collapse, or lateral movement. The method of anchoring shall be approved by the Weld County Building Official. Delete Section 76.1 Renumber Section 76.2 to 76.1 with no change to the existing text. • i� mErORclf DUm C. W. Kirby, Chairman Illik T. Board of County Commissioners Date May 31, 1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources t044$ sue,ec : Weld County Dis10 ed Worker Program Plan Enclosed for Board approval is the revised Weld County Dislocated Worker Program Plan funded under the Economic Dislocation and Worker Adjustment Act (EDWAA) for the Program Year 1989. The revisions are primarily minor and were requested by Mr. Joel Edelman, Chairman, Job Training Coordinating Council Chairman. The program period has been extended from July 1, 1989 through June 30, 1990, to July 1, 1989 through September 30, 1990. There were no revisions to the budget. The total budget remains at $108,490. The total number of individuals to be served remains at 80. If you have any questions, please telephone me at 353-3816. l/ras0`-& 890470 Employment Services of Weld County (Weld County Service Delivery Area) Weld County Dislocated Worker Program Plan Economic Dislocation and Worker Adjustment Act (EDWAA) Table of Contents Page I. Executive Summary i II. Delivery of Services I A. Basic Readjustment Services 2 B. Retraining Services 4 C. Needs-Related Payments 6 III. Eligibility of Dislocated Workers 6 A. Identifying, Selecting, and Verifying Eligibility 6 B. Certificates of Continuing Eligibility 6 IV. Involvement of Organized Labor 6 A. Development and Implementation of EDWAA Services 6 8. Consultation 6 V. Performance Standards 6 A. Goals 6 B. Measurements and Evaluation 7 VI. Service Providers 7 VII. Rapid Response Assistance 7 A. Agreements 7 8. Special Recruitment 7 VIII. Private Industry Council and Local Elected Officials Involvement 8 IX. Training Services 9 A. Education, Skill and Occupational Assessment 9 B. Needs Assessment 9 C. Planned Activities 9 590470 Weld County Dislocated Worker Program Plan Economic Dislocation and Worker Adjustment Act (EDWAA) Table of Contents Page D. Allocation of Resources 10 X. Coordination 10 A. Unemployment Insurance System 10 B. Trade Readjustment Assistance Act 11 C. Interagency or Interprogram Referrals 11 0. Designation of Employment Services Coordinator 11 XI. Financial Management 11 A. Cost Categories 11 B. Retraining Services 11 C. Administration and Supportive Services 11 D. Budget Information Summary 11 E. Property Purchases 11 F. Projected Quarterly Service/Expenditure Forms 11 XII. Assurances 12 XIII. Dislocated Homemakers as a Special Need 12 A. Eligibility 12 1. Identifying, Selecting, and Verifying Eligibility 12 2. Title II-A Screening Procedures 13 3. Adverse Impact Procedures 13 4. Planned Activities 13 B. Limitation Assurances 13 Attachment 1: Local Coordination Agreement Attachment 1A: Coordination Procedures for Layoff Response Planning Attachment 2: Budget Information Summary (50%) Attachment 3: Projected Quarterly Services/Expenditure Form (50%) Attachment 4: Budget Information Summary (10%) Attachment 5: Projected Quarterly Services/Expenditure Form (10%). Attachment 6: Signature Page i i 890470 Weld County Dislocated Worker Program Plan Economic Dislocation and Worker Adjustment Act (EDWAA) PY 1989 I. Executive Summary Title III of the Job Training Partnership Act (JTPA) was amended in August, 1988, by the Economic Dislocation and Worker Adjustment Act of 1988. The amendment essentially replaced statewide Dislocated Worker programs funded under Title III of the Job Training Partnership Act and introduced several major changes which affected most aspects of statewide Dislocated Worker programs. Weld County's Dislocated Worker Program Plan meets the guidelines established under JTPA Letter #88-15 by the Governor's Job Training Office to assure compliance with the Economic Dislocation and Worker Adjustment Act (£DWAA). o A $90,408 budget has been allocated for PY 1989 under the 50% State's allotment formula to be appropriated to the Substate Grantees. Employment Services of Weld County is a Substate Grantee. Of this total budget allocation, $47,847, or 53%, will be used for retraining programs. A total of 60 dislocated workers will be served in PY 1989, the particulars are as follows: - 45 in retraining activities - T in basic readjustment activities o A $18.082 budget has been allocated for PY 1989 under the Governor's 10% reserve fund to be allocated among Substate Grantees for special need population groups. Employment Services of Weld County intends to apply for funds to serve the displaced homemaker as defined under Section 4(28) of the Job Training Partnership Act. A total of 20 displaced homemakers will be served in PY 1989, the particulars are as follows: - 17 in retraining activities - "3— in basic readjustment activities II. Delivery of Services In general , the purpose of EDWAA funds for dislocated workers is to assist individuals who have been terminated or laid-off from their jobs because of structural economic changes. It has as its general goal to serve those individuals who need assistance in transferring or upgrading work skills and/or finding reemployment to their primary occupation/industry. These funds should provide training and retraining opportunities for: o individuals who. because of adverse industrial or occupational conditions, are unlikely to return to their previous/primary industry or occupation, or who need upgrading of their skills to find reemployment in their previous primary industry or occupation. (Reference JTPA Letter #86-06). -1- 890470 • o individuals who are unemployed or employed in "stop gap" employment. These individuals have little likelihood of securing employment in their previous/primary occupations and/or industries within a reasonable distance from their homes. (Reference JTPA Letter #86-06). o self-employed individuals who are unemployed because of a natural disaster, or as a result of general economic conditions which have caused them to lose their business. Self-employed individuals who are in the process of going out of business may also be served. Self-employed individuals will include any professionals, independent trades people, and other business persons who are sole proprietors of a business. (Reference JTPA Letters #86-06, #87-22). o farm/ranch owners or operators, spouses, other family members, and employees. (Reference JTPA Letters *86-06, #87-22). O older workers who may have substantial barriers to employment by reason of age or older workers accepting forced or early retirement as an option in work force reductions. (Reference JTPA Letters #86-06, #87-21). The Weld County Board of County Commissioners and the Weld County Private Industry Council have determined that funds under this plan will be targeted to those dislocated workers who meet the eligibility criteria for dislocated workers and may not be able to be served under Title II-A. Twenty-four or 51% of the 47 dislocated workers served from October, 1987 to April , 1989 were unemployed less than fifteen (15) weeks, therefore; placing the majority in the early intervention category. Long term unemployed clients who are program eligible will also be served. A. Basic Readjustment Services o Outreach and Intake Employment Services staff will be assigned to provide intake services through the normal Title II-A procedures and in the field. Employment Services will work cooperatively with community-based organizations and other appropriate agencies to outreach to dislocated workers. Targeted groups include those dislocated workers who are homeless or veterans. As part of Employment Services' outreach effort, Public Service Company's Small Business Intervention Program will identify the small business owner who is in the process of going out of business. -2- 890470 Employment Services will work with local labor unions to identify union workers who are in need of dislocated worker activities and services. A major emphasis will be made through the Job Service function of Employment Services to reach eligible unemployment Insurance applicants and veterans. Veteran target groups include disabled and Vietnam Era veterans. Close linkages have been developed with the Disabled American Veterans Outreach Center to assist in identifying eligible veteran dislocated workers. o Assessment Each enrollee will be assessed through an Employability Development Plan or through a Business Intervention Plan. - An Emyloyability Development Plan (EDP) is initiated to access and identifythe participant's employment and training needs. Included in the EDP is information on the participant's educational background, work history, employment barriers, mode of transportation, day care plans, short-range and long-range employment goals, and whether relocation is acceptable. The need for testing or GED classes is also determined at this time. As JTPA activity continues, the EDP may be modified. The initial EDP or update is signed by both the employment technician and the participant. It is anticipated that participants will be provided with an Employability Development Plan. - Case Management for veterans who need additional services will have the Local Veterans Employment Representative (LVER) designated as the case manager. The case manager will work with a local case management team which includes. representatives from the Disabled American Veterans Outreach Center and the Division of Vocational Rehabilitation. The case manager will have the responsibility of assisting in the development and implementation of the Veteran's Employability Development Plan. - A Business Intervention Plan will be developed with the small business owner, in conjunction with the Greeley Area Chamber of Commerce and the Public Service Small Business Intervention Program. The plan will identify business problems and determine a process to intervene on behalf of the small business owner who is in danger of losing his/her company. o Testing Participants will be tested to determine basic education levels and general aptitudes. Testing requirement will be implemented and incorporated in the assessment process. -3- 890470 - An assessment of reading skills will be administered by Employment Services staff. In addition, a more formalized basic education skills assessment will be provided as identified in the development of the EDP. - The General Aptitude Test Battery (GATE) will be administered by Employment Services staff or by counselors from Aims Community College. Interpretation of the GATE will be provided by Employment Services or Aims Community College staffs to validate the participant's employability plan. Other assessment tools may also be used for this purpose. o Job Search/Job Club Employment Services administers Job Service activities. Because of this linkage, participants are included in an automated Job Bank match. On the day of application, participants are assigned a primary and secondary occupational code. In addition, each occupation is assigned an occupational code. These are then matched to job listings through the Job Service and participants are referred to employers. In addition to job bank linkage, the client is assigned to a technician who assists in the job seeking process by directing the client to other employment possibilities. Job Club activities will include participation in workshops and job search classes conducted through Aims Community College and other entities. Agreements made with other entities will include follow-up activities with clients after job placement to monitor job retention. o Job Development Employment Services staff will conduct intensive employer and job development activities for EDWAA clients. o Supportive Services - An on-going goal of Employment Services is to continue to identify all the services available in Weld County, any service gaps, and a plan of action for connecting clients with the necessary services. There are a number of agencies in Weld County that provide supportive services. Employment Services will develop a method by which EDWAA clients can be connected to appropriate available services. Employment Services staff will provide employment retention services for six months after the participant terminates into unsubsidized employment. -4- 890470 Mileage reimbursements, not to exceed fifty dollars ($50.00) per month. may be allowed to the classroom training participant based on client need indicated on the Employability Development Plan. Paycare assistance payments, not to exceed seventy-five dollars ($75.00) , per month may be allowed to the classroom training participant based on need indicated on the Employability Development plan. o Out of Area Job Search Based on information gathered through the Employability Development Plan, reimbursement will be allowed for out of area job search activities for non-Trade Adjustment Assistant Act (TAAA) participants. Mileage will be reimbursed at $.20 per mile and other actual and necessary expenses will be reimbursed upon submission of receipt. B. Retraining Services o Classroom/Occupational Training Classroom/Occupational Training will be offered to those participants who have chosen a field in which they have no discernible skills, and to those participants who have skill or knowledge which requires a limited amount of additional training in order to become more employable. Special classroom/occupational training will include, but not be limited to: agriculture technology - farmer/rancher business options, farmer/rancher dislocated worker programs, data entry, welding and any other appropriate occupational training. Aims Community College will provide an advisor for each • participant. Employment Services and the participant will establish intermediate training goals. This will enable Employment Service to assist the individual in obtaining temporary employment during the period necessary to complete the total training program. Continual coordination will occur to help identify fast track training. Tuition, books and supplies will be provided. Emphasis will be placed on developing training which can be coupled with on-the-job training to assist in the dislocated worker's reentry into the labor force. One example of this coupling would be a participant's enrollment in data entry classroom training while participating in an office clerk On-the-Job Training contract. 890470 -5- o On-the-Job Training Employers who enter into an On-the-Job Training Agreement will be reimbursed for 50% of training costs; other costs associated with the On-the-Job Training Agreement such as clothing, tools, fees, or other supplies will be reimbursed at cost or as negotiated. The training hours for the On-the-Job Training Agreement will be determined by the formula outlined in JTPA Letter #85-42. o Relocation Assistance Relocation services will be made available to dislocated workers who are relocating due to employment. o Entrepreneurial Training Employment Services, in conjunction with Public Service Small Business Intervention Program and the Greeley Area Chamber of Commerce, will provide those self-employed owners who are in danger of losing their business an opportunity to work directly with the Greeley Area Chamber of Commerce Small Business Assistance Program and 'Public Service Company's Small Business Intervention Program. o Basic and Remedial Education Retraining services in basic educational skills will be made available to dislocated workers. C. Needs-Related Payments The Weld County Private Industry Council and Employment Services do not intend to use "Needs-Related Payments". III. Eligibility of Dislocated Workers A. Identifyinig, Selecting, and Verifying Eligibility Employment Services will follow the criteria for eligibility procedures outlined in JTPA Letters #86-06, #88-I2, #87-22, and #87-21. B. Certificates of Continuing Eliaibility Employment Services will not issue Certificates of Continuing Eligibility. IV. Involvement of Organized Labor A. Development and Implementation of EDWAA Services The Private Industry Council 's organized labor representative has been involved in the initial development and implementation of the dislocated worker programs. A copy of this proposal has been provided to the organized union representative. -6- 890470 Employment Services will assess and complete an Employability Development Plan on referrals from organized labor to develop an appropriate training plan. Consultation with the appropriate bargaining unit will take place in the event of a unionized business layoff. B. Consultation An organized labor representative will serve on the Private Industry Council 's Executive and Adult Activities Committees for the purpose of on-going consultation and input into all appropriate programs for which dislocated workers may be eligible. V. Performance Standards A. Goals The entered employment standard has been designated by the state as a performance measure for PY '89. The standard for Employment Services of Weld County will be set using the United States Department of Labor supplied national regression mode. It is anticipated that the standard will be at 61% entered employment rate. The 61% standard was determined after reviewing number of placements achieved during the Title III Dislocated Worker Program for Program Year 1988 and by taking into consideration the projected length of training necessary to learn new job skills. The Unemployment Insurance rates in Weld County continue to be higher than the state average: State Weld March 1989 7.3% 7.9% February 1989 7.4% 8.4% January 1989 7.3% 8.4% December 1988 6.1% 6.5% November 1988 6.3% 6.6% • Octover 1988 5.8% 5.8% Recently, two large Weld County employers have experienced lay offs due to a reduction in force. This will increase our unemploymemnt Insurace rates. State Labor market information indicates the average wage of placement for the Greeley Job Service is currently at $4.69. The average "last hourly wage" for the 47 participants in PY 89 was $4.64. It is anticipated that the standard average starting wage will be $5.00 The $5.00 wage was determined after reviewing the entered employment wage achieved through the Title III Dislocated Worker Program for Program Year 1989. 890490 -7- B. Measurements and Evaluation The Private Industry Council and Employment Services of Weld County will monitor performance on a quarterly basis. The areas to be monitored include: - entered employment rates - positive terminations To ensure compliance with Economic Dislocation and Worker Adjustment Act (EDWAA) regulations, program adjustments on the number of clients to be served or served will take place quarterly. VI. Service Providers Employment Services will not subcontract with community based organizations to provide services. The Chamber of Commerce will provide purchases of services through which Aims Community College will provide educational services. Due to the limited educational services available on a local level , other appropriate educational agencies may provide services through a Request for Proposal process. Procedures established in regard to services provided for Weld County Service Delivery Area have been established through the Job Training Plan for PY '88-'89. VII. Rapid Response Assistance A. Agreements Employment Services of Weld County shall follow the guidelines and procedures for Rapid Response Assistance as described in JTPA Letter #88-07 and the Lay-off procedures as outlined in JTPA Letter #88-I6 (see attachment I). Employment Services will coordinate with the Rapid Response Team at the state level and coordinate layoff services which are planned and provided by Employment Services or the Colorado AFL-CIO. These activities will include, but are not limited to: - employee pre-layoff orientations - mass claim taking - unemployment survival workshops - job search workshops B. Special Recruitment Employment Services of Weld County will coordinate with the Public Service Company's Small Business Intervention Program to identify and recruit small business and self- employed individuals who are in jeopardy of going out of business. The following entities participate in the program: Colorado University Business Achievement Center, University -8- 890470 of Northern Colorado, Aims Community College, Governor's Small Business Assistance Programs, and the Colorado Housing and Finance Administration. The three areas offered by the Small Business Program are: - Management Education Often business owners do not have the skills necessary to begin or continue successful business operations. Skill requirements vary with the stages of business development, creating the need for different types of education and training to promote successful business ventures. Support through management education would involve education in business success courses, improving sales results through sales management, cash flow and other pertinent issues to the small business owner. - Management Assistance Information Direct operational guidance is also a need of the small business owners. This guidance will be offered through counseling, legislative networking, reference library access, and as well as other resources. - Networking Opportunities A necessary form of marketing business identities is through contact with other business owners. It works as a free advertising vehicle, while encouraging other businesses to remain in our area. Functions through which networking occurs are Business After Hours and community activities. By utilizing the three areas listed, the program intends to give an option to the small business owners, regardless of the state of their particular business. The Greeley Area Chamber of Commerce's Small Business Program, and Aims Community College will also be used as recruitment sources for self-employed individuals. Aims Community College local and rural school districts, vocational agricultural programs, Extention Services, farm managerial associations and the Farm Credit Bureau will be additional sources for recruitment of farmer/ranchers who meet the eligibility requirement of the program. The Area Agency on Aging and Employment Services will recruit and refer eligible older workers and veterans. VIII. Private Industry Council and Local Elected Officials Involvement A. The Weld County Board of Commissioners will be the grant recipient. -9- 890470 B. The Weld County Private Industry Council will have the planning and monitoring responsibility for the EDWAA Program. C. Employment Services of Weld County will administer the EDWAA program. IX. Training Services A. Education, Skill and Occupational Assessment An Employability Development Plan will be completed for each enrollee. The plan will help assess education skill areas and occupational performance. CATS testing will take place when dislocated workers request classroom/ occupational or OJT training to determine their skills and aptitude for retraining. All participants' reading, writing and math skills will as assessed by Employment Services staff. B. Needs Assessment The Job Corps reading test will be administered by Employment Services' staff, or testing will be provided through Aims Community College. Participants who have a 7th grade or below reading level will be encouraged to participate in a learning lab to upgrade their basic skills. Copies of participants reading tests will be kept in each participant's file. An Employment Development Plan, completed on all participants, will provide a specific outline of client needs and provide a valuable tool in discerning the appropriate action plan necessary to meet client needs. C. Planned Activities Planned services and activities will be implemented as discussed under Section II: Delivery of Services. The following are planned enrollment numbers in each major activity: - It is anticipated that 35 clients will be enrolled in Classroom/Occupational Training. - It is anticipated that 14 clients will participate in On-the-Job Training. - It is anticipated that 3 will need relocation services. • - It is anticipated that 10 clients will be enrolled in entrepreneurial Training. -lo- 890470 • - It is anticipated that 10 clients will need basic remediation training - Of the total clients served, it is anticipated that 47 clients will also participate in Job Search/Job Club activities. - Total number of clients to be served is 60. D. Allocation of Resources Employment Services has developed flexible program services and activities to meet local needs. In the event that resources are not adequate to meet the needs identified through Rapid Response, modification of the current proposal will occur or additional state assistance will be requested. X. Coordination A. Unemployment Insurance System Employment Services provides staff to conduct workshops on Job Seeking skills to Unemployment Insurance recipients. The workshops will be held at Employment Services or at an appropriate alternate site such as Aims Community College. Employment Services staff also provides orientation Sessions at the Unemployment Insurance Office to discuss services available to eligible individuals. Employment Services also operates the Unemployment Insurance Internship Program which provides the unemployment insurance recipient with the opportunity to develop and demonstrate skills to an employer for the purpose of potential employment. On going coordination between programs for dislocated workers will be maintained. Employment Services administers Job Service which provides Unemployment Workshops and the Job Training Partnership Act. • As a result of this coordination of these services, appropriate referrals from the UI workshops to the EDWAA program will take place. Because bilingual assistance was requested by local union representatives for their members applying for Unemployment Insurance benefits, Employment Services will make available its bilingual staff to the Unemployment Insurance Office as necessary. The local Unemployment Insurance Office has agreed to provide training for these staff members. In addition, the Unemployment Insurance Office will provide Rapid Response presentations to dislocated workers with the Team and with Employment Services Job Search sessions as appropriate. 8904'70 -11- B. Trade Adjustment Assistance Act Employment Services of Weld County administers Job Service in Weld County. Through this integration of services, assurance of close communication and coordination will occur with the Trade Adjustment Assistance Act (TAAA) , Statewide Rapid Response, and other programs, services and systems. (See attachment 1-A) C. Interagency or Interprsgram Referrals Employment Services of Weld County will direct dislocated workers into appropriate programs and services. Referrals from other Weld County agencies will be encouraged and accepted. Eligible clients will also be recruited from other programs, such as; older worker, and veteran programs. D. Designation of Employment Services Coordinator The designated Employment Services Coordinator will be Alvina Derrera, Special Programs Supervisor, (303) 353-3815. XI. Financial Management A. Cost Categories The budgets have been completed to meet the cost categories as required by the Economic Dislocation and Worker Assistance Act. See Attachment 2. B. Retraining Services The total amount of dollars allocated for retraining services is $47,847 or 53% of total funding award. See Attachment 2. C. Administration and Supportive Services Administration and Supportive Services have been allocated at $13,561 or 15% of the total funding and $11,000 or 12% of total funding respectfully. See Budget Information Summary, Attachment 2. D. Budget Information Summary The Budget Information Summary is included as Attachment 2. E. Property Purchases • There are no plans for property purchases at this time. F. Projected Quarterly Service/Expenditure Forms The projected Quarterly Services/Expenditures are included as Attachment 3. 8904'70 -12- • XII. Assurances A. The Weld County Private Industry Council and the Board of Weld County Commissioners will comply with the statutory and regulatory requirements of Economic Dislocation and Worker Adjustment Act (EDWAA). B. Services will be provided to only eligible dislocated workers. Section 311(b)(I)(A). • C. Services will not be denied to an eligible dislocated worker displaced by a permanent closure or substantial layoff within the State. regardless of the state of residence of such worker. Section 311(b)(1)(B). D. Services to displaced homemakers will not adversely affect the delivery of services to eligible dislocated workers, and services will be provided in conjunction with on-going programs for all dislocated workers. E. At least 50% of Economic Dislocation and Worker Adjustment Act (EDWAA) funds allocated to substate grantees must be expended for retraining services, unless a waiver has been granted by the Governor's Job Training Office. F. Funds provided under Economic Dislocation and Worker Adjustment Act (EDWAA) will not be used to assist a company to relocate when such relocation would have the effect of increasing unemployment in any other area. G. Employment-generating activities will not be provided by funds received under Economic Dislocation and Worker Adjustment Act (EDWAA). H. Employment Services shall maintain a complete and accurate JTPA participant record on the statewide automated management information system for each participant under this plan, using definitions and procedures established by the JTPA, and including information from the application transaction and termination forms. The Code WE9DW shall appear in the CTN field for each training activity directly paid for by this EA, when the client record is viewed through the statewide virtual database. I. Employment Services will not co-enroll participants between EDWAA and Title IIA. XIII.• Dislocated Homemakers as a Special Need A. Eligibility 1. Identifying, Selecting, and Verifying Eligibility Employment Services will identify and select participants from referals made by: the Career Resource Center at Aims -13- 890470 Community College which serves displaced homemakers; the Unemployment Insurance Internship Program; the Woman's Place; other community based organizations, and the referrals from the registration process at Employment Services will follow the criteria established by the JTPA to verify eligibility. The Weld County Department of Social Services, our information source, reflects approximately 1000 displaced homemakers in Weld County. The definition of a displaced homemaker given in Section 4(28) of the Act will be used: "(29) The term "displaced homemaker" means an individual who-- (A) was a full-time homemaker for a substantial number of years; and (8) derived the substantial share of his or her support from-- (i) a spouse and no longer receives such Support due to the death, divorce, permanent disability of, or permanent separation from the spouse; or (ii) public assistance on account of dependents in the home and no longer receives such support." 2. Title II-A Screening Procedures Only those dislocated homemakers that are not eligible to be served under Title 11-A will be served by Economic Dislocation and Worker Adjustment Act. Dislocated Homemaker funds. Displaced homemakers applying for service under Economic Dislocation and Worker Adjustment Act will first be screened for Title II-A eligibility and served with Title II-A funds whenever possible. 3. Adverse Impact Procedures Employment Services plans to serve only displaced homemakers with the 10% additional funds. On a quarterly basis, Employment Services will monitor participants enrolled and funds expended so as not to adversely impact services to other dislocated workers. 4. Planned Activities Basic re-adjustment and retraining services to be provided as discussed in the overall Economic Dislocation and Worker Adjustment Act plan. It is anticipated that 12 displaced homemakers will participate in classroom/occupational training and basic skill development. 5 will participate in On-the-Job training and 3 will participate in Job Search/Job Club activities. -14- 890470 The total number of dislocated clients to be served is 20. B. Limitation Assurances The Weld County Private Industry Council and the Board of Weld County Commissioners assures the following limitations to the displaced homemaker program: 1. Activities and services for displaced homemakers will be provided in conjunction with on-going programs for all dislocated workers, not be separate and discrete programs. 2. Services to displaced homemakers will not adversely affect service to eligible dislocated workers. Verifiable statistics and other indicators of need will be provided. 3. Displaced homemakers applying for service under Economic Dislocation and Worker Adjustment Act will be first screened for Title II-A eligibility and served with Title II-A funds whenever possible. 4. Service to displaced homemakers is limited to funds received under the 10% additional allocation to substate grantees. 890470 -15- • • LOCAL COORDINATION AGREEMENT I. At the local delivery level . Job Service Center Managers will work closely with Service Delivery Area Directors to provide more unified and effective services to those TAA/EDWAA clients they have in common. Staff will establish close communication to determine which clients are "joint" clients and will keep that information current. II. Whenever training, job search allowances or relocation allowances are determined appropriate, the initial contact agency will: a). Determine if a joint client is involved and if pooled resources are needed or appropriate in order to fund the benefit(s) at the required level . b). Contact the other agency to discuss the appropriateness and or the feasibility of joint funding of the benefit costs. r c). When joint funded benefits are considered to be appropriate, the staff of each agency responsible for funding the benefit(s) will be notified on the standard agency request forms that this will be a joint funded effort and the funding level required of each agency. III. Local staff will be kept informed by those persons responsible for tracking benefit expenditures of the availability of funding at all times. IV. Whenever possible, training sessions of each agency will be attended by local service deliverers of the other agency in order to keep apprised of the procedures, problems and methods of delivery of benefits to joint clientele. BY BY DATE DATE 0 890470 Attachment IA Page 1 of 3 Coordination Procedures for Layoff Response Planning To be followed when news of a layoff/closing is received. (1) If layoff news is received indirectly (media. word-of- mouth, etc.). the receiving agency shall notify the JSC (layoff contact person) nearest the layoff site. The JSC will contact the employer to confirm and record layoff information. (Use Employer Questionnaire, Attachment 2). The JSC will also: ' Describe to the employer the available services of: - On-site Unemployment Insurance claims; - Worker Adjustment workshops; - Assistance in forming labor/management teams; - JTPA retraining services; - TRA/TAA services, if applicable. ' Determine a tentative date and time for a planning meeting with the employer (within 48 hours if pos- sible). - Identify which agencies should attend the planning meeting, as desired by the employer, and by the employee bargaining unit representative, if any. ' Report immediately to the state CDLE contact, to the SDA, and to other personnel who are to be included in planning with the employer (Statewide Worker Adjust— ment, TRA/TAA etc.) (2) If layoff news is received directly (from the employer or employee bargaining unit), the receiving agency will dis- cuss with the employer or bargaining unit representative the available services as in (1), above. Then this agency (JSC, SDA, Worker Adjustment) will be the lead agency and will: Determine a tentative time, date, place, and the parti- cipants for a planning meeting with the employer (with- in 48 hours if possible). ' Notify the state contact person for COLE or GJTO im- mediately. • In cases in which notice is received from the bargain- ing agent but the employer does not desire on-site assistance, the contacted agency should arrange for off-site Coordination of services for affected workers. 896470 ' Attachment 1A Page 2 of 3 (3) If a mandatory plant closing notice (i.e., required by WARN) is received by the Dislocated Worker Unit at GJTO, GJTO will be the lead agency and arrange a planning meet- ing with the employer at the earliest possible date. in- cluding representatives of other agencies as desired by the employer and/or bargaining unit. If there is a bar- gaining unit. GJTO will inform the employer that the unit will be contacted so there may be communication between the employer and the bargaining unit concerning layoff planning. GJTO will then: Immediately notify COLE and the Worker Adjustment pro- gram, providing details of the layoff and the response planning arrangements. • Pursue other appropriate resources, such as technical assistance to the business or its local community through the Business Adjustment Network. C. Providing Layoff Activities (1) Employee Pre-layoff Orientations Whenever possible, all three agencies should provide one or more representatives to present accurate, updated in- formation about services available to workers affected by a layoff if and when brief (1-2 hour) employee orienta- tions are conducted. Such 'orientations" are frequently chosen by employers as a first activity. (2) Mess UI Claims-taking Normally, only Job Service staff are involved. CDLE funding is available to 'time charge' against when this, or other on-site activities, require extra staff coverage at the local offices. (3) Unemoloyment Survival Workshops At the employer's choice, these are usually half-day to one-day information sessions about community services which can assist dislocated workers and their families. The agency providing the workshop shall include the other two agencies as presentors; other community services such as credit management, family counseling, and welfare should also be invited by the lead agency. Colorado AFL- CIO has much experience in leading these workshops; if JSCs or SDAs serve as the lead agency, they should con- sult with AFL-CIO about Unemployment Survival workshops. SDAs must charge layoff activities to the Basic Readjust— ment cost category. 890470 Attachment 1A Page 3 of 3 (4) Other Activities All participating agencies are called on to be cooperative and to keep each other informed about other layoff services which are planned or provided in a local area by them or the Statewide Worker Adjustment contractor. The Worker Adjustment Program also provides assistance:in forming joint labor-management layoff assistance teams, a useful approach for larger layoffs which has been used successfully at Gates Rubber Company and Fort Carson Army Base. To contact the statewide Worker Adjustment Program, the local telephone numbers are: • Denver (for metropolitan area. northern Colorado, and portions of western Colorado) '(303) 698-1922. • Colorado Springs (for El Paso County and adjoining front range area) (719) 635-4611. • Pueblo (for Pueblo County, southern and western Colorado) (719) 561-0730. 890470 Attachment 2 --SUBSTATE BUDGET INFORMATION SUMMARY FOR ECONOMIC DISLOCATION AND WORKER ADJUSTMENT. ASSISTANCE ACT Substate: Employment Services of Weld County Subtitle: 50% E--110% Program/Project: Weld County Economic Dislocation and ❑Govs Reserve Worker Assistance Plan Title Code:: WE 9DW Period of Performance: From July 1, 1989 To September 30, 90 Year of Funds: PY 89 Reference Code: VAX I: COST CATEGORY BUDGET PERCENT OF 50% 10% 10% Governor ALLOCA— Displaced Other Reserve TION Homemaker Basic Readjustment $ 18,000 2n% Services Code • Equipment S Code TOTAL BASIC SERVICES 18,000 20% Retraining Services $ 47.847 53% Code Equipment S Code TOTAL RETRAINING 47,847 53% Needs-related $ Payments -n_ 0" Code TOTAL NEEDS PAYMENTS -0- 0% Supportive Services S 11,000 12^; Code TOTAL SUPP. SERVICES 1 I 11,000 I I in • Administration S 13,561 15% Code Equipment S Code TOTAL ADMINISTRATION 13,561 15% GRANO TOTAL 1 1 90,408 1 • 1 I 1 100% • 03/28/89 890470 • PROJECTED QUARTERLY SERVICE/EXPENDITURE FORM FOR Attachment 3 EOWAA (50x) EXPENDITURES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 5th Quarter Total Projections Projections Projections Projections Projections 7/89 to 9/89 10/89to 12/89 1/90to3/90 4/90 to 6/90 7/90 to 9/90 Administration $ 2,712 $ 2,712 $ 2,711 $ 2,712 $ 2,714 $ 13,561 Participant Support & Needs Related Pay- 2,200 2,200 2,200 2,200 2,200 11,000 ments Basic Readjustment Services 3,000 4,500 4.000 4,000 2,500 18,000 Retaining Services 8.000 9,571 10,092 10.092 10,092 47,847 TOTAL $ 15,912 $ 18,983 $ 19,003 $ 19,004 $ 17,506 $ 90,408 Number of New Participants Enrolled* 12 12 12 12 12 60 Entered Unsubsidized Unemployment 5 7 8 10 7 37 Completed Occupational Skills Training 5 8 7 10 7 37 or Basic Education . Number of Carryouts 15 * Indicate the number of participants expected to be newly enrolled by quarter. Do not include carry-ins from previous quarters or from other programs/projects. JTPA •Quarters are as follows: 1 July to 30 September 1 October to 31 December 1 January to March 1 April to 30 June 890470 Attachment 4 ' SUBSTATE BUDGET INFORMATION SUMMARY FOR ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT Substate: Employment Services of Weld County Subtitle: E:150% O10% Program/Project: Weld County Economic Dislocation and Govs Reserve worker Assistance Plan Title Code:: WE 90W Period of Performance: From July 1, 89 To $eotember 10 90 Year of Funds: PY 89 Reference Code: VAX f: COST CATEGORY BUDGET PERCENT OF 50% 10% 10% Governor ALLOCA— Displaced Other Reserve TION • Homemaker Basic Readjustment S 1,600 9% Services Code Equipment S Code TOTAL BASIC SERVICES 1,600 1 9% Retraining Services $ 13,770 76% Code Equipment S Code • TOTAL RETRAINING I 13,770 76Y. Needs-related $ -0- Payments Code TOTAL NEEDS PAYMENTS -0- Supportive Services $ -0- Code TOTAL SUPP. SERVICES I I I -0- Administration S 2,712 I IS% Code Equipment S Code TOTAL ADMINISTRATION 2,712 - 10 GRAND TOTAL 12,712 1 1 03/28/89 890470 • PROJECTED QUARTERLY SERVICE/EXPENDITURE FORM FOR Attachment 5 EDWAA (10%) EXPENDITURES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 5th Quarter Total Projections Projections Projections Projections Projections afitolig 1 9:0 1189 1Ltoiti0 4Ltola0 7/90 to 9/90 Administration $ 542 $ 543 $ 542 $ 542 $ 543 $ 2,712 Participant Support & Needs Related Pay- ments -0- -0- -0- -0- -0- -o- Basic Readjustment Services 320 320 320 320 320 1,600 Retaining Services 2,754 2,754 2,754 2,754 2,754 13,770 TOTAL $ 3,616 $ 3,617 $ 3,616 $ 3,616 $3,617 $ 18,082 Number of New Participants Enrolled* 4 4 4 4 4 20 Entered Unsubsidized Unemployment 1 1 2 2 1 7 Completed Occupational Skills Training 0 2 3 4 3 12 or Basic Education Number of Carryouts 2 * Indicate the number of participants expected to be newly enrolled by quarter. Do not include carry-ins from previous quarters or from other programs/projects. JTPA Quarters are as follows: 1 July to 30 September 1 October to 31 December 890470 1 January to March 1 April to 30 June • Attachment 6 STATE OF COLORADO Governor's Job Training Office Economic Dislocation and Worker Adjustment Assistance Subgrantee Plan This Plan is entered into between the State of Colorado, Governor's Job Training Office, hereinafter referred to as the Recipient and Wjld County Ser. Delivery Area , hereinafter referred to as the Substate Grantee. All work to be performed under the Plan will be in accordance with the Job Training Partnership Act (JTPA) of 1983 as amended and the Economic Dislocation and Worker Adjustment Assistance (EOWAA), ap- plicable JTPA and EDWAA rules and regulations, applicable policies and procedures established by the Governor. and the assurances, certifications, and narrative descriptions contained in this Plan. The Plan is in accordance with the JTPA rules and regulations and instructions issued by the Governor or designee. It is understood that this document, when signed by the parties, will become an "Ex- hibit 8" referenced in and governed by Master Contract t between the State of Colorado and the SOA Grant Recipient. It is understood that this Substate Plan, when jointly signed by the SDAs, Local Elected Official , the Private Industry Council Chair and countersigned and dated by the Governor or Governor's designee, shall be effective July I, 1989 through September 30, 1990. Typed Name & Title of Signature �`� Date Local Elected Official �� V\M�oa / / Jacqueline Johnson Chairman Pro Tem, Weld County Board of Commissioners Typed Name & Title of Signature Date Private Industry Council / , / / Chairperson Ken Nickerson ,5°^^Wr`'ti��` ii Typed Name & Title of igna a Date Governor or Designee / / i.. 8904'70 waD COUNTY, COLORADO PAGE 1 of 1 General FUND MAIMS LS V.O. WARRANT NO. P.O. NO. VE'VDOR AMOUNT 902342 I 083830 Cleat West Life Assurance 11,538.00 1 TOTAL $ 11,538 00 STATE OF COLORADO ) ) ss COUNTY OF WELD ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as sham on Page 1 through 1 and dated May 31st , 19 89 and that payments should be made to the respective vencors in the amounts set opposite their names with the total amount S 11,538.00 . DATED THIS 1.1at DAY OF _-MaY a SUBSCRIBED AND ShVRN TO BEFORE 1S THIS 31st DAY OF May 1939 N.Y COMMISSION EY.PIRF.S: 0 h /n istagenci JOTARY PUBLI STATE OF COLORADO ) ss COUNTY OF WELD ) We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the General FUND totaling $ 11,538.00 J . 4/ Chairperso ATTEST ‘2 E�c .(;J Me County e_k & Recorder em.er firm 1mt.r E/ <..y!A ^ a7 aY putt' MemberNe / (pc' V WELD COUNTY , COLORAD "" i PAYROLL FUND CLAIMS WARRANT P.O. & NO. VO. NO. VENDOR ' AMOUNT 14331 084723 MARIAN PENFOLD 1,817.14 14332 083838 UNITED BANE OF GREELEY: 1,094,981.49 1433311 083829 PRINCIPAL MUTUAL LIFE 1,953.25 14 TERMINITION ( ECK5 FOR LARGE PAYROLL 14,323.70 State of Colorado ) TOTAL 1,113,075.58 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated MAY 31st , 1989 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $1,113,075.58 . Dated this 31st day of mAY , 19 4,49404!::-.. ...____ Weld C unt finance Orr,cer Subscribed and sworn to before mg t 1� 31st day of yAy , 193 9 . My commision expires: 3O1 AL.41: `" Nolalic State of Colorado ) ) ss County of Weld ) We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the PAYROLL Fund totaling S 1,11'42075.58 . 4 -i�Chairpers n ,Mem�- . Me ,oer :_ nty C1e4W and Record Member :e_ y Membe MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 14287 PHILLIP TIFFANY 363.30 14289 DONALD E KING 3,186.22 14308 CHRISTY L CURTIS 231.51 14309 ANNA M ABUSO 515.99 14310 JANICE I JESSER 360.09 14314 STLPHEN C MCCUIRK 3,272.77 14315 SHEILA DUNN 273.00 14317 PAMELA J. TEASDALE 1,422.46 14218 LUCY CAMARILLD 172.04 14319 LELA MORE 1,572.98 14326 MARIAN PELD 1,817.14 14327 BARRY SHELTON 152.61 14328 SCOTT CRAWFORD 312.46 14329 BARBARA GLAJARD0 671.13 NUMBER OF WARRANTS 14 TOTAL14,323.70 TEE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON MAY 31, 19 89 • • • • • • • • • • • • • • • • • • • • • w a r A w w r 0. ... 2 P D r 4. r r as Oa Ia v C 9 a - 2 A N N N N N UI N N t CO b o o O 0 o 0 0 0 .0 m m 0 a N D W N .. 0 .0 A -1 9 T nl n n 07 CO co D 'V A n O O b r m N A 2 o r r m C z a < .. CO 0 z N z m r o D n ; m el -C 3 A n 7S - ti .c 0 o r -• 9 o c m 7 - s r z - D < C CO -1 r to In I •'1 w n w D `• CO m C r A n m C CO < < co •• D Z 2 D A n •. r 2 h C 2 A A In n • 2 C. n r ✓ 70 D Z .• O N D 2 ; A 7 C fa a O D m n A M D r m 2 0 . I. w n n t on ID N I" t Co CO d0 2 2 0 A 0 N N N m a w c w w a .• c c 0mc W a t 0 UI N .0 ONO N 3 0 � 0 2 C Co W UI .0 N N N .0 .0 r CO W . N . t a W CO a CO N V 0I. ma tN < W N .a CO 0.. N V •. 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IIA M A O S �C•Ct D m 9 m 1► f1 x; w ,1�\ • 1 P Z O f- O A i1 it D ^ R C w 1 \ 111111 1`1 1 c 1 til 1� c m m z R z m I 7� , . M K . • = y �l R 1 a 1 / 1 •• • 1 1 9 r r I 1� IC a M ! II 1 la 1 a r 11 1 a O I a 1 ►[/�, 2 y R I s S 1 (J b S R 1 l'1 y m I a D R Pi 2 2 b r m 0 1 y r m • m r $, m n R 2 21 A K Z Z m R CO ml 2 1 1 D m V R A L r a m m l A I 1 1 Z m O • 2 A V O A P I 2 1 1 S O 2 P • O A n \ 1 • • m • • C a a no o s z D m 01 V R 1 2 .. \ R 1 V CD R N •O 0 5 0 • • • • 0 • • • • • • • • • • • • • ♦` / g7 COUNTY WELD WE• LD GET-in,Cp; CG: ;SS,C;;ES � TOWN QE Ems¢ 31 •:• , . g , ♦ dt • t e�6 NDLSROOK P.O.sox 100 • j o ERIE,cotosADO Wite L WIM 4494086 . OFFICE OF THE TOWN ADMINISTRATOR May 23, 1989 Weld County Board of Commissioners Office of Board of County Commission P.O. Box 758 Greeley, CO 80632 SUBJECT, Annexation Petition to the Town of Erie Dear Sirs: The Board of Trustees of the Town of Erie, Colorado, will conduct a public hearing on June 22, 1989, in the Town Hall, at 645 Holbrook, at 7:00 P.M. , to consider an annexation request from Mr. Daniel R. Horst. A copy of the petition and notice of the public hearing as is being published in the Longmont Times Call newspaper is attached to this letter. Sincerely, Doris M. Moore Town Clerk Enclosure CtiR djit59%. \e‘ POLICE DEPT. METRO 449.31116 LOCAL a2e•3200 v o.BOX 610 FIRE DEFT. 62e.3,52 AoA* ti ti 4'00 L id 40 p y ` w e o a TOWN OF ERIE, COLORADO 1874 645 Holbrook, P. O. Box 100 • Erie, Colorado 80516 Phone: Local - 828-3843 Metro - 665-j555 A PUBLIC HEARING TO ANNEX LAND TO THE TOWN OF ERIE The Town of Erie Board of Trustees will hold a public hearing at 7 : 00 P . M. on June 22 , 1989 , in the Board Meeting Room in the Town Hall located at 645 Holbrook Street, Erie, Colorado, to consider an annexation request and a request nor a special use permit for a private solid waste landfill from Daniel R. Horst to annex land located in Township 1 north, range 6811 of the 6th principal meridian, Colorado. 2. Covering the Land in the State of Colorado, County of Weld Described as: The Wt of the W1 of Section 21 , Township 1 North , Range 68 west of the 6th P. M. EXCEPT a part of the W1 of the W1 of Section 21 , Township 1 North , Range 68 West of the 6th P . M. , Weld County , Colorado: Beginning at a point on the West line of Section 21 , Township 1 North , Range 68 West , said point being 3719 . 67 feet South of eh : Northwest corner of Section 21 , thence Easterly on an angle to the left of 900 ; a distance of 229 . 57 feet; thence Southerly and parallel to the West line of Section 21 , a distance of 230 . 00 feet; thence Easterly on an angle to the left of 900 a distance of 608 . 07 feet; thence Southerly and parallel to the West line of Section 71 , I distance of 457. 00 feet ; thence Westerly on an angle of 9Q0 to the right , a distance o; ' . 837 . 64 feet to the West line of Section 21 : thence Northerly along the west line of Section 21 and on center. '- ir% of a 60 foot roadway a distance of 687 . 00 feet to the POINT tF EXCEPT any portion of said parcel of land which may be included within a strip of land fifty feet in width conveyed to The Community Ditch and Reservoir Company by deed recorded in . Book 63 at Page 464 . J 't n • 2. Covering the Land in the State of Colorado, County of Weld Described as: A part of the West 1 of the Southwest 4 of Section 21 , Township 1 North , Range 68 West of the 6th P.N. , being more particularly described as follows : BEGINNING at a point on the West line of Section 21 , Township • 1 North , Range 68 West , said point being 3719 . 67 feet South of the • : , Northwest corner of Section 21 , thence Easterly on an angle to the left of 90O ; a distance oe 229 . 57 feet ; thence Southerly and parallel to the West line of Section 21 . a distance of 230 . 00 feet ; thence Easterly on an angle to the left of 90° a distance of 608. 07 feet; thence Southerly and oarallel to the Nest line of Section _21 , distance of 457 . 00 feet ; thence westerly on an angle cif 90O to the right , a distance n,p 837 . 64 feet to the West 1 `_nc of Section 21 ; thence Northerly along the west line of Section 21 and on cen-^- 1 ' niJ of a 60 foot roadway a distance of 687 . 00 feet to the POINT ( BEGINNING , EXCEPT the West .30 :pet thereof; also EXCEPT any portion of said parcel „f land which may Le incl;:dcd within a strip Cf land fifty feet in width conveyed to The Community Ditch and Reservoir Company by deed recorded in Eook 62 at Page 464 . 1 ' avt EXHIBIT Z,. t Covering the Land in the State of Colorado, County of Weld Described as: The East 1/2 of the West 1/2 of Section 21 , Township 1 North, Range 68 West of the 6th P .M. EXCEPT a strip of land fifty feet in width conveyed to The Community Ditch and Reservoir Company by deed recorded in Book 63 at Page 464 , • • • EXHIBIT. . • , ^,r } Covering the Land in the State of Colorado, Caonty of Well Described ac: The following described parcel : The N1 of Section 20, Township 1 North , Range 68 west of the 6th P . m . EXCEPT a parcel of land conveyed to the Union Pacific Railroad Company by Warranty Deed from The Boulder' Valley Coal Company , recorded September 21 , 1918 , in Book 509 at page 79 , weld County Records, being more particularly described as follows : A strip of land 125 feet in width , being all that part of the SEk of the NE4 of Section 20 , Township 1 North , Range 68 West of the 6th P.M. being 50 feet in width on the Northerly side and 75 feet in width on the Southerly side from the center line of the main spud : ' track of the Union Pacific Railroad Company leading to the Boulder Valley Coal Company mine , as said main spur track is now surveyed and staked out within said Section 20 and adjacent sections and extending Southwesterly from the East line of said Section 20 to a straight line intersecting , at right angles said center line (produced) of main spur track at a point which is 1218 feet distant Southwesterly from the East line of said Section 20 when measured along said center line of main spur track . ALSO EXCEPT a parcel of land conveyed to the Union Pacific Railroad Company by Warranty Deed from The Boulder Valley Coal Company , recorded January 5 , 1927 , in Book 814 , at page 251 , Weld County Records, being more particularly described as follows : A strip, piece or parcel of land 125 feet in width , situate in the NE: of Section 20 , Township 1 North , Range 68 West of the 6th P.M . being 50 feet in width right angles , on the Northerly side and 75 feet in width , at right angles , on Southerly side of the center line , produced West of the main spur track of the grantee leading to the Boulder Valley Coal Company mine , as constructed within said Section 20 , and extending Southwesterly from the Southwesterly line of that certain strip of land heretofore conveyed by the Grantor herein to the Grantee herein by Warranty Deed dated June 5 , 1981 , and recorded on page 79 of Book 509 of the Records of Weld- County ,Colorado, a distance of 250 feet to a straight line intersecting , at right angles, said center line produced , of main spur track at point which is 1468 feet distant Southwesterly from the East line of said Section 20 when measured along said center line of main spur track , .and said center line produced. ALSO EXCEPT a parcel of land as conveyed to John B. Abernathy and Anna E. Abernathy by Warranty Deed from Ray Reynolds and George S. Reynolds recorded May 27 , 1946 , in Book 1179 , at page 541 , Weld County Records , being more particularly described as follows: Beginning at the Southeast corner of said NEY , thence North 162 feet to the true point of beginning ; thence North 690 feet along the Section line; thence West 450 feet; thence South 690 feet; thence East 450 feet to the true point of beginning. /1/411 • Legal Description Continued • ALSO EXCEPT a parcel of land as conveyed to Daniel R. Blake by Warranty Deed from Daniel R. Horst recorded September 27 , 1984 in Book 1044 as Reception No, 1983198, being more particularly described as follows : The part of the Northeast Quarter (NE) of Section 20, Township 1 North , Range 68 West of the 6th P .M. , described as follows : BEGINNING at a point which bears South 89°04 ' 46 " West 30 . 00 feet from the East quarter corner of said Section 20, said point being on the South boundary of the Northeast Quarter of said Section 20, ' and being on the West R.O.W. of County Road No. 5 ; thence South 89° 04 ' 46" West 645 . 09 feet along said South boundary; thence North 00° 00 ' 00" East 650 . 23 feet; thence North 89°04 ' 47 " East 225 . 03 feet to the West boundary of Blake ' s Salvage Yard as recorded in Reception Numbers 1736509 Book No. 815; 1736508 Book No. 815 and 1659964 Book No. 738 ; thence South 00° 00 ' 00" West 481 . 00 feet to the Southwest corner of said Blake property; thence South 90°00 ' 00" East 420. 00 feet along said South boundary to the West R.O.W. of County Road No. 5; thence 'South 00°00 ' 00" West 162 . 48 feet to the POINT OF BEGINNING, rr A PUBLIC HEARING TO ANNEX LAND TO THE TOWN OF ERIE JUNE 22, 1939 (DANIEL R. HORST) The petition is published following this notice. This public hearing will be held for the purpose of determining and rending whether the area proposed to be annexed meets applicable requirements of the Colorado Revised Statutes, as amended 1973 . Section 31-12-104 and 31-12-105 , and is considered eligible tor annexation . All comments for or against this annexation petition may be presented in written form prior to the hearing or verbally at the public hearing. Call Town Hall for further information at 82 -3843 or 665-3555 . DORIS M. MOORE; TOWN CLEXX I . r ' ''' • AHENDED PETITION FOR ANNEXATION T0 THE TOWN COUNCIL OF THE TOWN OF ERIE, COLORADO The undersigned landowner in accordance with the pro- visions of the Municipal Annexation Act of 1965, as amended, hereby petitions the Town Council of the Town of Erie for annexa- tion co the Town of Erie the following described unincorporated territory situate and being in the County of Weld , and State. of Colorado, to-wit: SEE ATTACHED EXHIBIT Your Petitioner would further state to the Board of Trustees of the Town of Erie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Erie, Colorado. 2. That the Territory sought to be annexed to the Town ? i _ of Erie meets the requirements of Section 3 and 4 as amended of the Municipal Annexation Act of 1965, in that; a. Not less than one-sixth (1/6) of the perimeter y of the area proposed to be annexed is contiguous with the existing. boundaries of the Town of Erie, ":-.41,' pA Colorado. cii. ` b. A community of interest exists between the Pvi, 4. territory proposed to be annexed and the Towy .b .; Erie, Colorado. vs s c . That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Erie , Colorado. 3. That no land in the territory sought to be annexed which held in identical ownership and consisting of either a single tract or parcel or two or more contig- uous tracts or parcels have been divided or a portion thereof excluded from the area to be annexed unless the same was separated by astreet or other public way. 4. That no land in the territory sought to be annexed, which is held in identical ownership and comprising twenty (20) or mote acres and having en assessed valuation for ad valorem tax purposes in excesss of $200,000.00, has been included in the area to be annexed without the written consent of the landowner(s). S. That the signer of this petition comprises the landowner of one hundred percent (100X) of the territory of the Area proposed to be annexed exclusive of streets and alleys. 6. That attached thereto and incorporated herein by reference are four (4) prints of the annexation map containing a written legal description of the boundaries of the area proposed to be annexed, which boundaries coincide with either Che centerline of any exterior street or section line which may form said boundary 5 t . J,/ . showing the boundaries of the area proposed to be annexed together with the location of each ownership within said area and the contiguous boundaries of the existing Town limits and the dimensions thereof. When necessary said map and drawing contains the certificate and seal of a registered engineer, ). That upon the annexation ordinance becoming effective , all lands within the area sought co be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Erie except for general property taxes of the Town of Erie which shall become effective on January 1 of the next succeeding year following passage of the annexation ordinance. 8. That there shall be no duty or obligarion upon the Town of Erie to furnish water or sanitary sewer facilities to the area sought to be annexed until such time as in the sole discretion of the Town, such services for water and sanitary sewer ten be economical- .P ` ' ly and reasonably installed so as to i = provide be.b to as to sufficient number inhabitants within the area as co make • t the construction and establishment of such services feasible And at no additional cost for the sane or similar type of services provided to inhabitants within the existing corporate limits of the Town. 9, That the Petitioner represents one hundred percent (100%) of the landowners of the territory sought co be d annexed and no public hearing is required on this t ,u1 '.� Petition, 10. That all of the requirements of Section 31-12-104 ti '' i1r W. and 31-12-105, C.R. S. 1983, as amended, exist or have ih1 1 been met. v . 4 U. Pursuant to Title 31-12-101, et seq, applicant for annexation reserves the right to withdraw his Application for Annexation. Therefore, your Petitioner would respectfully request that the Town Council of the Town of Erie, Colorado approve the annexation of the area proposed to be annexed. Daniel R. Horst Landowner '- 2240 Weld County Rd. 5 Erie, CO 80516 STATE OF COLORADO ) as. COUNTY OF ARAPAHOE ) The foregoing AMENDED PETITION FOR ANNEXATION was subscribed end sworn to before me on this 29th day of' November, 1988, by Daniel R. Horst. Witness my hand and official seal. Notary Public 1901 W. Littleton Blvd. Littleton, CO 80120 My commission expires: [_-_r. .i......0 Jp /'?„r1 6 Highway iAt7S a,$.20' ' Colorado Department of Highways ; ' 4201 E. Arkansas Ave. Denver. CO. 80222 TO CLERK TIE BOARD For More Information: 757-9228 *89-20 MAY 18. 1989 CONSTRUCTION RIDDING ACTIVITY FOR MAY 18 CX-CX(GP) 10-0030-14 SIXTH AVENUE IN AURORA Resurfacing and minor widening of East Sixth Avenue in Aurora between west Del-'Mar Circle and Havana Street. for eight tenths of a mile, which inclYdes 'drainage, curb and' gutter. '' sidewalk, hot bituminous pavement, signalization,. topsoil, seeding and mulching. in Arapahoe county. Number of bidders: Eleven (11) Apparently successful bidder: $291,709 from Tarco Inc. of Aurora Calls for completion within: 35 working days Preconstruction Project Manager: John K. Knop Resident engineer: Bernie' Paiz Denver MR 3034(3) SOUTH ROAD IN PUEBLO COUNTY Resurfacing and minor widening on South Road near Lombard Village southeast of Pueblo. for 1.4 mile between 27th Lane and 30th lane in Pueblo county, consisting of grading, hot bituminous pavement. plant mixed seal coat, striping, and curb and' gutter. Number of bidders: Two (2) Apparently successful bidder: $241,803 from Tony J. Beltran* & Sons. inc. of Pueblo Calls for completion within: 30 working days Preconstruction Project Manager: David L. Miller Resident engineer: Dale Snow. Pueblo AIDS TO.BE OPENED NEW: JUNE 8. 5:30 'A.M. , resurfacing 5.4 miles of Gun Club road (5.H. 30) in Arapahoe county south of Piccadilly Road near Buckley Air National Guard Base, which includes hot bituminous pavement overlay, paint mixed seal coat and striping. CX 10-0030-16. (over) 11$�<s'3 • Highway-News Page 2 ¢ONTRACTS AWARDED Road/ Bid Contract Pr9iect Street Description Awarded to Opening Awarded CC 99-2000-17 Trinidad State Road realign- Asphalt 3/30/89 4/5/89 Rec. Area ment Constructors, Inc. , $71,934 Zero Coils • MP 99-2000-19 U.S. 160 near Resurfacing Walsenburg Sand 4/13/89 4/19/89 Walsenburg & *5,Stavel,;Co. SAL 389 $165,000 near Trinidad Zero Coals BRO 0004(4) Old Pueblo Bridge repair Marque Inc. 4/13/89 4/18/89 Road at $727',145 Fountain Creek Award. Coals DBE 41 . Committed DBE 41 MP 05-0025-06 1-25 north of Slide repair ELM Conat. ,Inc. 5/4/89 5/8/89 Raton Pass $50,438 Award Goals DBE 1W% Committed DBE .11.48% CIO > 61-•0009-36 S.H. 9 north Resurfacing Asphalt Paving, 4/27/89 5/2/89 of Silverthorn $155,144 Award Coals DBE 0%, .W88 5% Committed ---- -._.. .DBS_35.2X. W885.5%, IR 70-1(112) 1-70/Rifle New rest area K_E.C.I. Colo., Inc. $1..273,934 Set-Aside MP 99-1000-19 1-70, & S.H. - Machine patching Connell 4/20/89 5/1/89 71 in Elbert. Resources. Inc. Lincoln, :1305,855 Washington Award, Coait counties DBE 0% .WBE, 57.1 :Committed, DBE 93.83% WBE 6.17% CC. ,S : .E..QF COLOTZADO ,., 18 COLORADO DEPARTMENT OF HEALTH /s 4210 East 11th Avenue TO r-~�"'r . Denver,Colorado 80220 i' Phone (303) 320.8333 .J re 4 Roy Rome• May 18, 1989 Governor Thomas M.Vernon,M.D. Executive Director Mr. Roger Bohannan Liquid Waste Management 900 Coffman Street, Suite D Longmont, CO 80501 Re: Notices of Authorization to Apply Domestic Sewage Sludge LWM #445, Northwest Quarter and the West Half of the Northeast Quarter of Section 11, Range 67 West, Township 1 North LWM #446, North Half and the Southeast Quarter of Section 29, Range 65 West, Township 2 North LWM #447, Section 1, Range 65 West, Township 2 North LWM #448, West Half of Section 31, Range 64 West, Township 3 North LWM #449, Southwest Quarter of Section 30, Range 64 West, Township 3 North Weld County Dear Mr. Bohannan: Enclosed please find the Notices of Authorization to Apply Domestic Sewage Sludge for the above-referenced sites. Fee payment, in the amount of two dollars per dry ton, may be remitted no later than the submittal of the Self-Monitoring Report. Payment may be for the amount of sludge applied subsequent to January 1, 1989, as reported in the Self-Monitoring Report or for the amount of sludge which will be applied for the entire 1989 calendar year. In the latter instance the following year's payment will be adjusted to reflect any overpayment or underpayment for 1988. Please note that any sludge which has been land applied for beneficial use subsequent to January 1, 1987 is subject to the two dollar per dry ton fee. Payment for fees incurred in 1987 should be remitted with the Self-Monitoring Report if not paid previously. • Mr. Roger Bohannan Liquid Waste Management Page 2 Should any questions arise, please contact Phil Hegeman at 331-4564. Sincerely, A5 �� Rober J. Shukle Chief Permits and Enforcement Section WATER QUALITY CONTROL DIVISION RJS/dc xc: Berthoud, Town of Boulder, City of Clear Creek Valley Sanitation District Estes Park Water and Sanitation District Lafayette, City of Loveland Ski Areas Loveland, City of Morrison, Town of Upper Thompson Water and Sanitation District Castle Pines Metropolitan District Inverness Water and Sanitation District Parker Water and Sanitation District Arapahoe Basin/Keystone Breckenridge Water and Sanitation District Copper Mountain Water and Sanitation District Frisco Sanitation District Silverthorne/Dillon Joint Sewer Authority Summit County-Snake River Sewer County Health Department County Board of Commissioners District Engineer Sludge File Tom Bennett, CW/P&S 0082M STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH v. 4210 East 11th Avenue te', Denver, Colorado 80220 \$ Phone (303) 320.8333 •• J6• Roy Romer Governor Thomas M.Vernon,M.D. Executive Oirector NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies Liquid Waste Management as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Alvin Dechant Site LWM #448, West Half of Section 31, Range 64 West, Township 3 North, as shown on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section l.D. SPECIAL CONDITIONS • if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.8. RIGHT OF ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department of Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 18th DAY OF MAY, 1989 J. Davi 'Holm, Director WATER- UALITY CONTROL DIVISION Colorado Department of Health 8220D/1353D ' Liquid Waste Management Alvin Dechant Site LWM #448 State Health Site ID # 0308 West Half of Section 31, Range 64 West, Township 3 North Weld County Ien ` ( .....70 .. 9 °e°° • i i , 0 26 ^ 25 30 ..`�� I )(7 l N I J ") .•!1 As; d'+ ��r I C I,..3 U ,r^� (' l'S I ° 'I t s` t i L_$ J\ • . L• fitly \ I,.., •I''.'s ti,v i t •.u1 i, '' 7 •t\.\... (; ( \ {.it ,h 1 ; r .t. ... n 1'. ""I. : 1 V'[. ' �'I t....?' ' 'f It' ♦o\�\ Approved application area indicated by cross-hatching. Localized areas within the site which may be unacceptable due to slopes, soils or other site specific conditions are not shown. Avoidance of any such area is required. Liquid Waste Management Alvin Dechant Site LWM #448 State Health Site ID # 0308 West Half of Section 31, Range 64 West, Township 3 North Weld County SPECIAL CONDITIONS Sludge to be applied at this site shall be stabilized domestic sewage sludge from the following facilities only: Town of Berthoud, City of Boulder, Clear Creek Valley Sanitation District, Estes Park Water and Sanitation District, City of Lafayette, Loveland Ski Areas, City of Loveland, Town of Morrison, Upper Thompson Water and Sanitation District, Castle Pines Metropolitan District, Inverness Water and Sanitation District, Parker Water and Sanitation District, Arapahoe Basin/Keystone, Breckenridge Water and Sanitation District, Copper Mountain Water and Sanitation District, Frisco Sanitation District, Silverthorne/Dillon Joint Sewer Authority, Summit County—Snake River Sewer. The sludge producing facility shall be responsible for submittal of the following to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge hauled from the plant in dry tons or in gallons with percent solids data reported, and the date that each load was released to Liquid Waste Management. 2. Fee payment in the amount equal to the actual amount of sludge beneficially applied as reported in the Self-Monitoring Report multiplied by the fee in place during the period of sludge application. 3. Copies of the required sludge quality analyses as defined in Tables 5 and 6 of the regulations. Liquid Waste Management shall be responsible for submittal of the following data to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge applied at this site, the date of application, the actual number of acres applied to, and the application method. 2. Copies of all soil and plant tissue analyses performed as required by Tables 5 and 6 of the regulations. It is recommended that Liquid Waste Management take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. Liquid Waste Management Alvin Dechant Site LWM 9448 State Health Site ID 9 0308 West Half of Section 31, Range 64 West, Township 3 North Weld County SPECIAL CONDITIONS (cont.) The application rates at this site shall not exceed the equivalent of 5.5 dry tons per acre per year for irrigated hay and 6.0 dry tons per acre per year for irrigated corn based on surface application. Since the groundwater table was found to be elevated and a groundwater quality monitoring program was not initiated, application at this site shall be limited to two years of application within any given five year period. Per the requirements of Section 7B of the Domestic Sewage Sludge Regulations, adequate buffer zones of at least fifty feet on which no sludge should be applied must be maintained around any water body or any perennial streambed, or intermittent streambed when standing water is present. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 77th Avenue Denver, Colorado 80220 � '" :L Phone (303) 320.8333 Cea *1:76* :16� Roy Romer Governor Thomas M.Vernon,M.D. Executive Director NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies Liquid Waste Management as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Alvin Dechant Site LWM #449, Southwest Quarter of Section 30, Range 64 West, Township 3 North, as shown on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section 1.D. SPECIAL CONDITIONS if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.B. RIGHT OP ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department of Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 18th DAY OF MAY, 1989 "it Jrid Holm, Director W�ER QUALITY CONTROL DIVISION Colorado Department of Health 8220D/1353D Liquid Waste Management Alvin Dechant Site LWM 4449 State Health Site ID 4 0309 Southwest Quarter of Section 30, Range 64 West, Township 3 North Weld County • -._,_. �,1 I Grovel I Vu 22 • 43' 1 •� 1 G� 2,� r (/ 19 i ' V rV `� j ) 1/i a 1\ I Oll v �) I�`��'ti) +7�"—..t / i d su +.vl n i f•/4 i. .... 1/�i"f '-1 \l 1H 'j F I";' zs • ,r A J 1 1 J�< 1I I NI r. /� •Ml F ilt., � c • .ea Z-... - l „x I J n07 I .� • /464 1i ri'I �.3) f 1OM i 7 { 3x41 I 35 ,•i 0.7 o c'.:-D ' l 36 C. 31.S r. N r) ` g h 1"vs J J I / _IV •{i'7 Cf' i i D I tin, "^ I o T "..'�. 1: Approved application area indicated by cross—hatching. Localized areas within the site which may be unacceptable due to slopes, soils or other site specific conditions are not shown. Avoidance of any such area is required. Liquid Waste Management Alvin Dechant Site LWM #449 State Health Site ID 0 0309 Southwest Quarter of Section 30, Range 64 West, Township 3 North Weld County SPECIAL CONDITIONS Sludge to be applied at this site shall be stabilized domestic sewage sludge from the following facilities only: Town of Berthoud, City of Boulder, Clear Creek Valley Sanitation District, Estes Park Water and Sanitation District, City of Lafayette, Loveland Ski Areas, City of Loveland, Town of Morrison, Upper Thompson Water and Sanitation District, Castle Pines Metropolitan District, Inverness Water and Sanitation District, Parker Water and Sanitation District, Arapahoe Basin/Keystone, Breckenridge Water and Sanitation District, Copper Mountain Water and Sanitation District, Frisco Sanitation District, Silverthorne/Dillon Joint Sewer Authority, Summit County-Snake River Sewer. The sludge producing facility shall be responsible for submittal of the following to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge hauled from the plant in dry tons or in gallons with percent solids data reported, and the date that each load was released to Liquid Waste Management. 2. Fee payment in the amount equal to the actual amount of sludge beneficially applied as reported in the Self-Monitoring Report multiplied by the fee in place during the period of sludge application. 3. Copies of the required sludge quality analyses as defined in Tables 5 and 6 of the regulations. Liquid Waste Management shall be responsible for submittal of the following data to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge applied at this site, the date of application, the actual number of acres applied to, and the application method. 2. Copies of all soil and plant tissue analyses performed as required by Tables 5 and 6 of the regulations. It is recommended that Liquid Waste Management take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. The application rates at this site shall not exceed the equivalent of 2.5 dry tons per acre per year for irrigated oats and irrigated barley and 5.5 dry tons per acre per year for irrigated hay based on surface application. • Liquid Waste Management Alvin Dechant Site LWM #449 State Health Site ID # 0309 Southwest Quarter of Section 30, Range 64 West, Township 3 North Weld County SPECIAL CONDITIONS (cont.) Since the groundwater table was found to be elevated and a groundwater quality monitoring program was not initiated, application at this site shall be limited to two years of application within any given five year period. Per the requirements of Section 7B of the Domestic Sewage Sludge Regulations, adequate buffer zones of at least fifty feet on which no sludge should be applied must be maintained around any water body or any perennial streambed, or intermittent streambed when standing water is present. M STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220 Phone (303) 320.8333 �""��r/�777 Roy Romer Covemor Thomas M.Vernon,M.D. Executive Director NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies Liquid Waste Management as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Alvin Dechant Site LWM #445, Northwest Quarter and the West Half of the Northeast Quarter of Section 11, Range 67 West, Township 1 North, as shown on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section 1.D. SPECIAL CONDITIONS if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.8. RIGHT OF ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department of Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 18th DAY or MAY, 1989 J. David-212m, Director WATER QU ITY CONTROL DIVISION Colorado Department of Health 8220D/1353D Liquid Waste Management Alvin Dechant Site LWM 0445 State Health Site ID 0 0305 Northwest Quarter and the West Half of the Northeast Quarter of Section 11, Range 67 West, Township 1 North Weld County Ni.r:;\,/ •I 1 li.j.> i _.vim 41'81 _ ,,. •I WI I ti - �7�� I �� - �'^ � 8 y __i ' OCi : v6'I I. Il ;.Srji 1` .. .. 16 ' � ( 15� ,� -^r i j 1t • Approved application area indicated by cross-hatching. Localized areas within the site which may be unacceptable due to slopes, soils or other site specific conditions are not shown. Avoidance of any such area is required. Liquid Waste Management Alvin Dechant Site LWM #445 State Health Site ID 4 0305 Northwest Quarter and the West Half of the Northeast Quarter of Section 11, Range 67 West, Township 1 North Weld County SPECIAL CONDITIONS Sludge to be applied at this site shall be stabilized domestic sewage sludge from the following facilities only: Town of Berthoud, City of Boulder, Clear Creek Valley Sanitation District, Estes Park Water and Sanitation District, City of Lafayette, Loveland Ski Areas, City of Loveland, Town of Morrison, Upper Thompson Water and Sanitation District, Castle Pines Metropolitan District, Inverness Water and Sanitation District, Parker Water and Sanitation District, Arapahoe Basin/Keystone, Breckenridge Water and Sanitation District, Copper Mountain Water and Sanitation District, Frisco Sanitation District, Silverthorne/Dillon Joint Sewer Authority, Summit County-Snake River Sewer. The sludge producing facility shall be responsible for submittal of the following to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge hauled from the plant in dry tons or in gallons with percent solids data reported, and the date that each load was released to Liquid Waste Management. 2. Fee payment in the amount equal to the actual amount of sludge beneficially applied as reported in the Self-Monitoring Report multiplied by the fee in place during the period of sludge application. 3. Copies of the required sludge quality analyses as defined in Tables 5 and 6 of the regulations. Liquid Waste Management shall be responsible for submittal of the following data to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge applied at this site, the date of application, the actual number of acres applied to, and the application method. 2. Copies of all soil and plant tissue analyses performed as required by Tables 5 and 6 of the regulations. It is recommended that Liquid Waste Management take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. The application rate at this site shall not exceed the equivalent of 1.0 dry tons per acre per year for dryland wheat, and 5.0 dry tops per acre per year for the irrigated hay and irrigated corn based on surface application. Per the requirements of Section 7B of the Domestic Sewage Sludge Regulations, adequate buffer zones of at least fifty feet on which no sludge should be applied must be maintained around any water body or any perennial streambed, or intermittent streambed when standing water is present. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH M�9 4210 East 11th Avenue .tg4��c Denver,Colorado 50220 + „Q�!Pt 18 Phone(303) 320.8333 �40,0v� 4 6' Roy Romer Covernor Thomas M.Vernon, as D. ENecunve Director NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies Liquid Waste Management as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Alvin Deehant Site LWM #446, North Half and the Southeast Quarter of Section 29, Range 65 West, Township 2 North, as shown on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section 1.D. SPECIAL CONDITIONS if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.9. ' RIGHT OF ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage • Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department of Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 18th DAY OF MAY, 1989 J. David Ho ;; Director WATER QUALITY CONTROL DIVISION Colorado Department of Health 8220D/1353D • Liquid Waste Management Alvin Dechant Site LWM #446 State Health Site ID # 0306 North Half and the Southeast Quarter of Section 29, Range 65 West, Township 2 North Weld County ti•,f fa Nr ' lvpp(( 1 • it yC , an ,£;ckj .t it 1;3045 r . �.. - , ..- . -_. a_7.•�q )41teo R - 1 "1 " \ 1 X11 V y JY IV- eio:j yl 31 . 7 \ Sz I\\ l3 \ h y� ,.y ,. a. ..,__ .? , 1• - 4�Lt,---c..---i\ . \ _ ..-.. ILI Approved application area indicated by cross-hatching. Localized areas within the site which may be unacceptable due to slopes, soils or other site specific conditions are not shown. Avoidance of any such area is required. Liquid Waste Management Alvin Dechant Site LWM #446 State Health Site ID # 0306 North Half and the Southeast Quarter of Section 29, Range 65 West, Township 2 North Weld County SPECIAL CONDITIONS Sludge to be applied at this site shall be stabilized domestic sewage sludge from the following facilities only: Town of Berthoud, City of Boulder, Clear Creek Valley Sanitation District, Estes Park Water and Sanitation District, City of Lafayette, Loveland Ski Areas, City of Loveland, Town of Morrison, • Upper Thompson Water and Sanitation District, Castle Pines Metropolitan District, Inverness Water and Sanitation District, Parker Water and Sanitation District, Arapahoe Basin/Keystone, Breckenridge Water and Sanitation District, Copper Mountain Water and Sanitation District, Frisco Sanitation District, Silverthorne/Dillon Joint Sewer Authority, Summit County-Snake River Sewer. The sludge producing facility shall be responsible for submittal of the following to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge hauled from the plant in dry tons or in gallons with percent solids data reported, and the date that each load was released to Liquid Waste Management. 2. Fee payment in the amount equal to the actual amount of sludge beneficially applied as reported in the Self-Monitoring Report multiplied by the fee in place during the period of sludge application. 3. Copies of the required sludge quality analyses as defined in Tables 5 and 6 of the regulations. Liquid Waste Management shall be responsible for submittal of the following data to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge applied at this site, the date of application, the actual number of acres applied to, and the application method. 2. Copies of all soil and plant tissue analyses performed as required by Tables 5 and 6 of the regulations. It is recommended that Liquid Waste Management take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. The application rate at this site shall not exceed the equivalent of 5.5 dry tone per acre per year based on surface application. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue A s Denver, Colorado 80220 Phone (303) 720.8737 ie 2 Roy Romer Coven. Thomas M.Vernon,M.D. EMetutive Director NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies Liquid Waste Management as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Alvin Dechant Site LWM #447, Section 1, Range 65 West, Township 2 North, as shows on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section 1.D. SPECIAL CONDITIONS if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.B. RIGHT OP ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department o£ Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 18th DAY OF MAY, 1989 J. vid Holm, Director W ER QUALITY CONTROL DIVISION Colorado Department of Health 8220D/1353D Liquid Waste Management Alvin Dechant Site LWM #447 State Health Site ID # 0307 Section 1, Range 65 West, Township 2 North Weld County 28 27r ' (� 26 r(f 25 I • r 3C r .C) H , /I f ,.,.. PI) ,./i • ) `!' .�(\•\-' . � .904•• .�.. ! = " IP `7.::, F �J Sa. II, k • .\r )1�..,'iti( 36 ,i JI i �n �� ‘1\ 1\ III• 'I y L. ) •l .3: -_ w \;` I �..,, .� •• .•. i • i(17 Y 49 • .4 (� YY 0444 •� .' 140 i.Y 7 . --- 11 - 1 9.. \ .\ I .�I0`,� fe ICl/ ,t i 1 ' `' .2 •• i, 1 d' \117 •...,1 4 1J C 1+�IC4 � ��C:\�� / , �1 �/ :. .ell �\�`\`4i ti t .496! y .M, (41. !4 ( 1 I 1(• •n .4444. �..'..�.-..�.� • �,. .I . M .1916 ^J(.k ISL. I '"2 4 'i I3I t, ,,N . , -1 -. Approved application area indicated by cross-hatching. Localized areas within the site which may be unacceptable due to slopes, soils or other site specific conditions are not shown. Avoidance of any such area is required. Liquid Waste Management Alvin Dechant Site LWM #447 State Health Site ID # 0307 Section 1, Range 65 West, Township 2 North Weld County SPECIAL CONDITIONS Sludge to be applied at this site shall be stabilized domestic sewage sludge from the following facilities only: Town of Berthoud, City of Boulder, Clear Creek Valley Sanitation District, Estes Park Water and Sanitation District, City of Lafayette, Loveland Ski Areas, City of Loveland, Town of Morrison, Upper Thompson Water and Sanitation District, Castle Pines Metropolitan District, Inverness Water and Sanitation District, Parker Water and Sanitation District, Arapahoe Basin/Keystone, Breckenridge Water and Sanitation District, Copper Mountain Water and Sanitation District, Frisco Sanitation District, Silverthorne/Dillon Joint Sewer Authority, Summit County-Snake River Sewer. The sludge producing facility shall be responsible for submittal of the following to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge hauled from the plant in dry tons or in gallons with percent solids data reported, and the date that each load was released to Liquid Waste Management. 2. Fee payment in the amount equal to the actual amount of sludge beneficially applied as reported in the Self-Monitoring Report multiplied by the fee in place during the period of sludge application. 3. Copies of the required sludge quality analyses as defined in Tables 5 and 6 of the regulations. Liquid Waste Management shall be responsible for submittal of the following data to the Department at 180 day intervals: 1. A Self-Monitoring Report which specifies the amount of sludge applied at this site, the date of application, the actual number of acres applied to, and the application method. 2. Copies of all soil and plant tissue analyses performed as required by Tables 5 and 6 of the regulations. It is recommended that Liquid Waste Management take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. Liquid Waste Management Alvin Dechant Site LWM #447 State Health Site ID # 0307 Section 1, Range 65 West, Township 2 North Weld County SPECIAL CONDITIONS (Cont.) The application rate at this site shall not exceed the equivalent of the following numbers of dry tons per acre per year based on surface application. Crop East Half of Section West Half of Section Irrigated Hay 5.0 5.5 Irrigated Corn 4.5 6.5 Per the requirements of Section 7B of the Domestic Sewage Sludge Regulations, adequate buffer zones of at least fifty feet on which no sludge should be applied must be maintained around any water body or any perennial streambed, or intermittent streambed when standing water is present. STATE OFCOL'ORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue N,^r_ Denver, Colorado 80220 Phone(303) 320.8333 •Crusi: May 22, 1989 •r 76 Roy Romer Governor Thomas M,Vernon,M.D. Mr. Carl Hill Executive Director Utilities Plant Operations Coordinator City of Westminster 4800 W. 92nd Avenue Westminster, CO 80030 Re: Notice of Authorization to Apply Domestic Sewage Sludge Weld County Investors/Shannon Site, Northwest Quarter of Section 35, and the South Half of the Southwest Quarter of Section 26, Range 68 West, Township 1 North Weld County Dear Mr. Hill: Enclosed please find the Notice of Authorization to Apply Domestic Sewage Sludge for the above-referenced site. Fee payment, in the amount of two dollars per dry ton, may be remitted no later than the submittal of the Self-Monitoring Report. Payment may be for the amount of sludge applied subsequent to January 1, 1989, as reported in the Self-Monitoring Report or for the amount of sludge which will be applied for the entire 1989 calendar year. Xn the latter instance the following year's payment will be adjusted to reflect any overpayment or underpayment for 1988. Please note that any sludge which has been land applied for beneficial use subsequent to January 1, 1987 is subject to the two dollar per dry ton fee. Payment for fees incurred in 1987 should be remitted with the Self-Monitoring Report if not paid previously. Should any questions arise, please contact Phil Hegeman at 331-4564. Sincerely, p Robert Shukle Chief Permits and Enforcement Section WATER QUALITY CONTROL DIVISION RJS/dc xc: County Health Department County Board of Commissioners District Engineer Sludge File Tom Bennett, CW/P&S 0082M STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH F. 4210 East 77th Avenue ti. o Denver,Colorado 60220 Phone (303) 320.6333 *C '': Roy Romer Governor Thomas M.Vernon,M.D. Executive Director NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE PURSUANT to the provisions of the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-102, and the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, this Notice of Authorization to Apply Domestic Sewage Sludge certifies the City of Westminster as meeting all applicable regulations of the Colorado Department of Health and authorizes the aforementioned to land apply treated sewage sludge for beneficial purposes to the property described below: Weld County Investors/Shannon Site, Northwest Quarter of Section 35, and the South Half of the Southwest Quarter of Section 26, Range 68 West, Township 1 North as shown on attachment. APPLICATION shall be performed in accordance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended) unless the Department has issued a variance per the requirements of 5 CCR 1003-7, Section 1.D. . SPECIAL CONDITIONS if required are attached to assure compliance with applicable criteria of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7 (as amended). SELF MONITORING REPORTS shall be submitted to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 14.G. FEE PAYMENT in the amount of two dollars per dry ton shall be made to the Colorado Department of Health per the requirements of the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7, Section 15.B. RIGHT OF ENTRY to the application site is asserted by the Colorado Department of Health per the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1002-7, Section 2.3.1. for performance of whatever site inspection, monitoring and sample collection is deemed to be necessary to assure compliance with the criteria contained in the Colorado Domestic Sewage Sludge Regulations, 5 CCR 1003-7. VIOLATION of the conditions of this Notice of Authorization to Apply Domestic Sewage Sludge may result in revocation of this Notice of Authorization to Apply Domestic Sewage Sludge or the Colorado Department of Health initiating enforcement action pursuant to the Colorado Public Health Laws, C.R.S. 1973, 25-1-114, the Colorado Solid Wastes Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-113, 30-20-114, and the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-606. TERMS AND CONDITIONS contained in this Notice of Authorization to Apply Domestic Sewage Sludge are subject to revision, addition or deletion subject to changes in operation, sludge quality or regulatory criteria. AUTHORIZATION by the Colorado Department of Health does not relieve the producer of compliance with applicable regulations of any other state, federal or local agency having jurisdiction. NOTICE OF AUTHORIZATION TO APPLY DOMESTIC SEWAGE SLUDGE ISSUED THIS 22th DAY OF MAY, 1989 J.D d-Holm, Directo WAT QUALITY CONTROL DIVISION Colorado Department of Health 8220D/1353D City of Westminster Weld County Investors/Shannon Site State Health Site ID 10315 Northwest Quarter of Section 35, and the South Half of the Southwest Quarter of Section 26, Range 68 West, Township 1 North Weld County i ( : ' I .s; ' a.. "\etc r..Ur.� :.r�.- \-\..5\ il :/# yr r • /41 J `p`est, -2 4�._..>/223 t6 � . '(- � l �> ` . - n• - To ' I l f~ t' I- :c, L II IVE - `, , , 1 O .l LB. 6710 ( -J. ' 1 . \\ . iss. �� . PI Approved application area indicated by cross-hatching. Localized areas within the site which may be unacceptable due to slopes, snits or other site specific conditions are not shown. Avoidance of any such area is required. City of Westminster Weld County Investors/Shannon Site State Health Site ID A 0315 Northwest Quarter of Section 35, and the South Half of the Southwest Quarter of Section 26, Range 68 West, Township 1 North Weld County SPECIAL CONDITIONS The application rate at this site shall not exceed the equivalent of 2 dry • tons per acre per year. Future application rates may be amended as necessary per the results of the required soil monitoring. Per the requirements of Section 7B of the Domestic Sewage Sludge Regulations, adequate buffer zones of at least fifty feet on which no sludge should be applied must be maintained around any water body or any perennial streambed, or intermittent streambed when standing water is present. It is recommended that the City work closely with the Weld County Health Department and take whatever steps are necessary to minimize the potential for odor generation. Creation of a public nuisance shall be cause for revocation of this Notice of Authorization to Apply Domestic Sewage Sludge. STATE OF COLORADO • COLORADO DEPARTMENT OF HEALTH r••• T. ' i;; ^: (9 .v i. 4210 East 11th Avenue Denver. Colorado 80220 C „' • • Phone (303) 3208333 TO .._ . J Roy Romer Governor Thomas M.Vernon.M.O. Executive Director May 11, 1989 TO WHOM IT MAY CONCERN: Transmitted herein is the Colorado Department of Health report on the data collected on the 1987 radiological surveillance activities at the Fort Saint Vrain Nuclear Generating Station pursuant to the Nuclear Regulatory Commission contract NRC-31-83-668. If you have any questions pertaining to this report, please do not hesitate to contact this office. Sincerely, —_____ Robert M. Quillin, Director Radiation Control Division RMQ/msm Enclosures /Alf\ FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville. Colorado January 1, 1987 to December 31, 1987 Introduction The Colorado Department of Health (the Department) and the U.S. Nuclear Regulatory Commission (NRC) entered in a Cooperative Agreement (NRC-31-83-668), effective January 1, 1983, for measuring concentrations of radioactivity and radiation levels in the environs of the Fort St. Vrain Nuclear Generating Station, Platteville, Colorado. The agreement requires that the Department collect and analyze exposure pathway and/or samples relating to: (1) airborne particulates and radioiodines; (2) waterborne surface; (3) milk, fish and food products; (4) sediment from shoreline; and (S) collection of TLD - direct radiation dosimeters and data. The requirements of the monitoring program are listed as Attachment 1. Attachment 2 lists the lower limits of detection (LLD) that are a part of the requirement of the agreement. The Colorado Department of Health calculates its LLD in accordance with Department of Energy Environmental Measurements Laboratory Manual , HASL-300, and the reported LL0s are calculated for each sample. Attachment 3 provides the lower limits of detection determined for additional analysis systems utilized at the Department and are based upon typical counting times, sample sizes, and dryini times. Since the lower limits of detection are a function of several sample specific parameters, the reported results reflect these considerations. The required U.S. Environmental Protection Agency Cross-Check Program results are listed in Attachment 4. Colorado Department of Health Radiation Control Division i FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado January 1, 1987 to December 31, 1987 Summary The data in this report is 'consistent with the data that the Colorado Department of. Health (the Department) reported in previous years on the environmental surveillance of the Fort St. Vrain Nuclear Generating Station. Most of the analytical results of the sampling effort produce values at or near background levels for the types of samples and the analysis conducted. This program is designed to provide independent measurements of radioactivity and radiation levels around the Fort St. Vrain Nuclear Generating Station. The sampling effort and the resulting data in this report do not constitute a comprehensive study of the impact of the plant on the environment around the plant. However, our evaluation of the data indicates that there is no measurable impact on the environment from radioactive effluents. The Department's results are similar to those of the Licensee. Colorado Department of Health Radiation Control Division ii FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 For the reporting period, the Colorado Department of Health (the Department) operated four air sample stations. Three of the stations are co-located with licensee air sampling stations. The Department is required to report on one co-located sample location and one co-located control location. However, all stations are reported because of an informal request by the U.S. Nuclear Regulatory Commission (NRC). There is no measurable impact on the environment from the radioactive effluents. The Department's results are similar to those of the Licensee. Colorado Department of Health Radiation Control Division Page 1 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 - Sample Location: FSV-1 (State), 0.8 miles South F-9 (Licensee), 0.8 miles South Duplicate Sample LLD (State): Beta Activity . 0.08 pCi/m3, particulate Beta Activity (pCi/m3) State Licensee Oates Collected (FSV-1) Date Collected (F-9) 12/29/86 - 01/05/87 <0.20 01/03/87 0.029 *0.0024 01/05/87 - 01/12/87 <0.20 01/10/87 0.033 *0.0021 01/12/87 - 01/20/87 <0.17 01/16/87 0.027 *0.0024 01/20/87 - 01/26/87 <0.22 01/24/87 0.013 *0.0010 01/26/87 - 02/02/87 <0.21 01/31/87 0.0098*0.0012 02/02/87 - 02/09/87 <0.20 02/07/87 0.027 *0.0020 02/09/87 - 02/17/87 <0.16 02/14/87 0.035 *0.0027 02/17/87 - 02/23/87 <0.23 02/20/87 0.023 *0.0022 02/23/87 - 03/02/87 <0.26 02/28/87 0.032 *0.0023 03/02/87 - 03/09/87 <0.23 03/06/87 0.037 *0.0024 03/09/87 - 03/16/87 <0.23 03/14/87 0.021 *0.0018 03/16/87 - 03/23/87 <0.22 03/21/87 0.016 *0.0016 03/23/87 - 03/30/87 <0.19 03/28/87 0.015 *0.0019 03/30/87 - 04/06/87 <0.18 04/04/87 0.019 *0.0018 04/06/87 - 04/13/87 <0.19 04/11/87 0.004 *0.0015 04/13/87 - 04/20/87 <0.18 04/18/87 0.021 *0.0015 04/20/87 - 04/27/87 <0.19 04/24/87 0.020 *0.0015 04/27/87 - 05/04/87 <0.17 05/01/87 0.027 *0.0015 05/04/87 - 05/11/87 0.22*0.11 05/09/87 0.029 *0.0016 05/11/87 - 05/18/87 <0.17 05/16/87 0.019 *0.0013 05/18/87 - 05/26/87 <0.17 05/23/87 0.015 *0.0013 05/26/87 - 06/01/87 <0.22 05/29/87 0.017 *0.0012 06/01/87 - 06/08/87 <0.19 06/06/87 0.021 *0.0015 06/08/87 - 06/15/87 <0.20 06/12/87 0.022 *0.0015 06/15/87 - 06/22/87 <0.20 06/19/87 0.026 *0.0017 06/22/87 - 06/29/87 <0.19 06/26/87 0.030 *0.0017 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division . Page 2 Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-1) Date Collected (F-9) 06/29/87 - 07/06/87 <0.19 07/03/87 0.022 *0.0018 07/06/87 - 07/13/87 <0.20 07/11/87 0.029 *0.0015 07/13/87 - 07/20/87 <0.20 07/17/87 0.026 *0.0017 07/20/87 - 07/27/87 <0.20 07/25/87 0.018 *0.0014 07/27/87 - 08/03/87 <0.21 08/01/87 0.022 *0.0019 08/03/87 - 08/10/87 <0.20 08/08/87 0.030 *0.0022 08/10/87 - 08/17/87 <0.22 08/15/87 0.026 *0.0020 08/17/87 - 08/24/87 <0.21 08/22/87 0.023 *0.0016 08/24/87 - 08/31/87 <0.22 08/29/87 0.017 *0.0019 08/31/87 - 09/08/87 <0.21 09/05/87 0.032 *0.0022 09/08/87 - 09/14/87 0.27*0.13 09/12/87 0.027 *0.0021 09/14/87 - 09/21/87 <0.22 09/19/87 0.025 *0.0021 09/21/87 - 09/28/87 <0.22 09/26/87 0.043 *0.0027 09/28/87 - 10/05/87 <0.32 10/03/87 <0.0024 10/05/87. - 10/12/87 <0.16 10/10/87 0.030 *0.0015 10/12/87 - 10/19/87 <0.28 10/17/87 0.036 *0.0018 10/19/87 - 10/26/87 <0.24 10/24/87 0.030 *0.0015 10/26/87 - 11/02/87 <0.23 10/31/87 0.032 *0.0016 11/02/87 - 11/09/87 <0.21 11/07/87 0.035 *0.0045 11/09/87 - 11/16/87 <0.23 11/14/87 *2 11/16/87 - 11/23/87 <0.25 11/21/87 0.033 *0.0014 11/23/87 - 11/30/87 <0.27 11/28/87 0.027 *0.0014 11/30/87 - 12/07/87 0.38*0.20 12/05/87 0.037 *0.0016 12/07/87 - 12/14/87 <0.22 12/12/87 0.020 *0.0014 12/14/87 - 12/21/87 <0.33 12/19/87 0.026 *0.0015 12/21/87 - 12/28/87 0.33*0.20 12/28/87 0.020 *0.0012 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 3 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville. Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31. 1987 Sample Location: FSV-2 (State). 1.1 miles North-Northeast A-19 (Licensee). 1.1 miles North-Northeast Duplicate Sample LLD (State): Beta Activity 0.08 pCi/m3, particulate Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-2) Date Collected (A-19) 12/29/86 - 01/05/87 <0.25 01/03/87 0.026 *0.0020 01/05/87 - 01/12/87 <0.26 01/10/87 0.030 *0.0019 01/12/87 - 01/20/87 <0.21 01/16/87 0.025 *0.0024 01/20/87 - 01/26/87 <0.29 01/24/87 *4 01/26/87 - 02/02/87 <0.26 01/31/87 0.035 *0.0040 02/02/87 - 02/09/87 <0.26 02/07/87 0.024 *0.0019 02/09/87 - 02/17/87 <0.23 02/14/87 0.035 *0.0028 02/17/87 - 02/23/87 <0.30 02/20/87 0.016 *0.0022 02/23/87 - 03/02/87 <0.25 02/28/87 *3 03/02/87 - 03/09/87 <0.24 03/06/87 *3 03/09/87 - 03/16/87 <0.24 03/14/87 0.0086*0.0011 03/16/87 - 03/23/87 <0.23 03/21/87 0.013 *0.0009 03/23/87 - 03/30/87 <0.22 03/28/87 0.010 *0.0011 03/30/87 - 04/06/87 <0.22 04/04/87 0.018 *0.0011 04/06/87 - 04/13/87 <0.22 04/11/87 0.019 *0.0016 04/13/87 - 04/20/87 <0.22 04/18/87 0.021 *0.0014 04/20/87 - 04/27/87 <0.22 04/24/87 0.026 *0.0019 04/27/87 - 05/04/87 <0.22 05/01/87 0.035 *0.0019 05/04/87 - 05/11/87 <0.24 05/09/87 0.044 *0.0023 05/11/87 - 05/18/87 <0.24 05/16/87 0.019 *0.0013 05/18/87 - 05/26/87 <0.20 05/23/87 0.013 *0.0015 05/26/87 - 06/01/87 <0.26 05/29/87 0.021 *0.0017 06/01/87 - 06/08/87 <0.23 06/06/87 0.019 *0.0014 06/08/87 - 06/15/87 <0.24 06/12/87 0.019 *0.0014 06/15/87 - 06/22/87 <0.24 06/19/87 0.024 *0.0020 06/22/87 - 06/29/87 <0.22 06/26/87 0.029 *0.0015 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 4 Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-2) Date Collected (A-19) 06/29/87 - 07/06/87 <0.23 07/03/87 0.025 *0.0020 07/06/87 - 07/13/87 <0.23 07/11/87 0.029 *0.0015 07/13/87 - 07/20/87 <0.32 07/17/87 0.023 *0.0016 07/20/87 - 07/27/87 <0.23 07/25/87 0.020 *0.0012 07/27/87 - 08/03/87 <0.23 08/01/87 0.025 *0.0025 08/03/87 - 08/10/87 <0.22 08/08/87 0.028 *0.0016 08/10/87 - 08/17/87 <0.25 08/15/87 0:023 *0.0018 08/17/87 - 08/24/87 <0.24 08/22/87 0.011 *0.0010 08/24/87 - 08/31/87 <0.24 08/29/87 0.015 *0.0020 08/31/87 - 09/08/87 <0.23 09/05/87 0.033 *0.0024 09/08/87 - 09/14/87 0.26*0.14 09/12/87 0.030 *0.0024 09/14/87 - 09/21/87 <0.23 09/19/87 0.024 *0.0019 09/21/87 - 09/28/87 <0.22 09/26/87 0.049 *0.0030 09/28/87 - 10/05/87 <0.32 10/03/87 0.036 *0.0023 10/05/87 - 10/12/87 <0.20 10/10/87 0.034 *0.0024 10/12/87 - 10/19/87 <0.43 10/17/87 0.037 *0.0024 10/19/87 - 10/26/87 <0.24 10/24/87 0.034 *0.0025 10/26/87 - 11/02/87 <0.21 10/31/87 0.056 *0.0051 11/02/87 - 11/09/87 <0.18 11/07/87 0.024 *0.0014 11/09/87 - 11/16/87 <0.18 11/14/87 0.062 *0.0007 11/16/87 - 11/23/87 <0.18 11/21/87 0.031 *0.0016 11/23/87 11/30/87 <0.31 11/28/87 0.045 *0.0017 11/30/87 - 12/07/87 12/05/87 0.024 *0.0016 12/07/87 - 12/14/87 <0.23 12/12/87 0.019 *0.0011 12/14/87 - 12/21/87 <0.23 12/19/87 0.030 *0.0017 12/21/87 - 12/28/87 <0.23 12/28/87 0.025 *0.0012 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 5 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-3 (State), 10.0 miles South LLD (State): Beta Activity • 0.08 pCi/m3, particulate Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-3) Date Collected 12/29/86 - 01/05/87 <0.26 *7 01/05/87 - 01/12/87 <0.27 01/12/87 - 01/20/87 <0.23 01/20/87 - 01/26/87 <0.31 01/26/87 - 02/02/87 <0.30 02/02/87 - 02/09/87 <0.30 02/09/87 - 02/17/87 <0.26 02/17/87 - 02/23/87 <0.29 02/23/87 - 03/02/87 <0.24 03/02/87 - 03/09/87 <0.23 03/09/87 - 03/16/87 <0.23 03/16/87 - 03/23/87 <0.23 03/23/87 - 03/30/87 <0.18 03/30/87 - 04/06/87 <0.18 04/06/87 - 04/13/87 <0.20 04/13/87 - 04/20/87 <0.19 04/20/87 - 04/27/87 <0.19 04/27/87 - 05/04/87 <0.21 05/04/87 - 05/11/87 <0.20 05/11/87 - 05/18/87 <0.22 05/18/87 - 05/26/87 <0.20 05/26/87 - 06/01/87 <0.25 06/01/87 - 06/08/87 <0.22 06/08/87 - 06/15/87 <0.24 • 06/15/87 - 06/22/87 <0.24 06/22/87 - 06/29/87 <0.23 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 6 Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-3) Date Collected 06/29/87 - 07/06/87 <0.28 *7 07/06/87 • 07/13/87 <0.20 07/13/87 - 07/20/87 <0.23 07/20/87 - 07/27/87 <0.26 07/27/87 - 08/03/87 <0.27 08/03/87 - 08/10/87 0.27*0.16 08/10/87 - 08/17/87 <0.30 08/17/87 - 08/24/87 <0.29 08/24/87 - 08/31/87 <0.30 08/31/87 - 09/08/87 <0.26 09/08/87 - 09/14/87 <0.21 09/14/87 - 09/21/87 0.25*0.13 09/21/87 - 09/28/87 <0.20 09/28/87 - 10/05/87 <0.20 10/05/87 - 10/12/87 0.18 10/12/87 - 10/19/87 0.24 10/19/87 - 10/26/87 0.20 10/26/87 - 11/02/87 <0.19 11/02/87 - 11/09/87 <0.18 11/09/87 - 11/16/87 <0.18 11/16/87 - 11/23/87 <0.24 11/23/87 - 11/30/87 <0.30 11/30/87 - 12/07/87 0.34*0.21 12/07/87 - 12/14/87 <0.23 12/14/87 - 12/21/87 <0.34 12/21/87 - 12/28/87 <0.30 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Page 7 Radiation Control Division 9 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 • • Sample Location: FSV-5 (State), 10.5 miles North R-11 (Licensee), 10.5 miles North Duplicate Sample LLD (State): Beta Activity . 0.08 pCi/m3, particulate Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-5) Date Collected (R-11) 12/29/86 - 01/05/87 <0.28 01/03/87 0.024 *0.0018 01/05/87 - 01/12/87 <0.30 01/10/87 0.028 *0.0021 01/12/87 - 01/20/87 <0.30 01/16/87 0.034 *0.0024 01/20/87 - 01/26/87 <0.36 01/24/87 0.0069*0.0013 01/26/87 - 02/02/87 <0.36 01/31/87 0.018 *0.0017 • 02/02/87 - 02/09/87 <0.30 02/07/87 0.027 *0.0023 02/09/87 - 02/17/87 <0.25 02/14/87 0.036 *0.0028 02/17/87 - 02/23/87 <0.35 02/20/87 0.016 *0.0021 02/23/87 - 03/02/87 <0.26 02/28/87 0.020 *0.0018 03/02/87 - 03/09/87 <0.27 03/06/87 0.047 *0.0026 03/09/87 - 03/16/87 <0.25 03/14/87 0.033 *0.0019 03/16/87 - 03/23/87 <0.21 03/21/87 0.019 *0.0015 03/23/87 - 03/30/87 <0.21 03/28/87 0.022 *0.0016 03/30/87 - 04/06/87 <0.20 04/04/87 0.021 *0.0015 04/06/87 - 04/13/87 <0.20 04/11/87 0.017 *0.0012 04/13/87 - 04/20/87 <0.20 04/18/87 0.021 *0.0016 04/20/87 - 04/27/87 <0.20 04/24/87 0.038 *0.0076 04/27/87 - 05/04/87 <0.21 05/01/87 0.032 *0.0018 05/04/87 - 05/11/87 <0.22 05/09/87 0.018 *0.0011 05/11/87 - 05/18/87 <0.23 05/16/87 0.034 *0.0018 05/18/87 - 05/26/87 <0.18 05/23/87 0.010 *0.0008 05/26/87 - 06/01/87 <0.34 05/29/87 0.021 *0.0015 06/01/87 - 06/08/87 <0.21 06/06/87 0.021 *0.0012 06/08/87 - 06/15/87 *1 06/12/87 0.027 *0.0033 06/15/87 - 06/22/87 <0.25 06/19/87 0.091 *0.0012 06/22/87 - 06/29/87 <0.20 06/26/87 0.025 *0.0013 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 8 Beta Activity (pCi/m3) State Licensee Dates Collected (FSV-5) Oate Collected (R-li) 06/29/87 - 07/06/87 <0.21 07/03/87 0.022 *0.0015 07/06/87 - 07/13/87 *1 07/11/87 0.027 *0.0014 07/13/87 - 07/20/87 <0.20 07/17/87 0.021 *0.0012 07/20/87 - 07/27/87 <0.20 07/25/87 0.097 *0.0012 07/27/87 - 08/03/87 <0.30 08/01/87 0.059 *0.0056 08/03/87 - 08/10/87 <0.24 08/08/87 0.011 *0.0009 08/10/87. - 08/17/87 <0.26 08/15/87 0.021 *0.0012 08/17/87 - 08/24/87 <0.21 08/22/87 0.022 *0.0014 08/24/87 - 08/31/87 <0.22 08/29/87 0.019 *0.0011 08/31/87 - 09/08/87 <0.23 09/05/87 0.020 *0.0017 09/08/87 - 09/14/87 <0.20 09/12/87 0.023 *0.0018 09/14/87 - 09/21/87 <0.21 09/19/87 0.024 *0.0015 09/21/87 - 09/28/87 <0.20 09/26/87 0.035 *0.0026 09/28/87 - 10/05/87 0.42*0.13 10/03/87 0.032 *0.0018 10/05/87 - 10/12/87 <0.18 10/10/87 0.025 *0.0013 10/12/87 - 10/19/87 <0.25 10/17/87 *4 10/19/87 - 10/26/87 <0.20 10/24/87 0.027 *0.0012 10/26/87 - 11/02/87 <0.20 10/31/87 0.035 *0.0017 11/02/87 - 11/09/87 <0.19 11/07/87 0.027 *0.0016 11/09/87 - 11/16/87 <0.19 11/14/87 0.040 *0.0018 11/16/87 - 11/23/87 <0.19 11/21/87 0.028 *0.0012 11/23/87 - 11/30/87 <0.19 11/28/87 0.039 *0.0017 11/30/87 - 12/07/87 <0.21 12/05/87 0.035 *0.0014 12/07/87 - 12/14/87 <0.20 12/12/87 0.017 *0.0012 12/14/87 - 12/21/87 0.23*0.13 12/19/87 0.020 *0.0011 12/21/87 - 12/28/87 <0.19 12/28/87 0.018 *0.0011 • *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 9 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-1 (State), 0.8 miles South F-9 (Licensee). 0.8 miles South Duplicate Sample LLD (State): Cs-134 . 0.006 pCi/m3. Cs-137 • 0.005 pCi/m3 Gamma Isotopic (pCi/m3) Date Radionuclide State (FSV-1) Licensee (F-9) 1st Quarter Cs-134 <0.004 <0.0018 Composite Cs-137 <0.003 <0.0020 2nd Quarter Cs-134 <0.003 <0.0016 Composite Cs-137 <0.002 0.0022.0.0020 3rd Quarter Cs-134 <0.004 <0.0024 Composite Cs-137 <0.003 <0.0025 4th Quarter Cs-134 <0.003 <0.0020 Composite Cs-137 <0.003 <0.0022 * DESIGNATIONS *1 Pump not operating for major part of sampling period *2 Pump inoperative during sample period *3 Pump inoperative at site, all replacement pumps were under repair *4 Sample volume too low for adequate counting *5 Sample pump in for repairs *6 Sample lost *7 No comparable site Colorado Department of Health Radiation Control Division Page 10 FORT ST. YRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-2 (State). 1.1 miles North-Northeast A-19 (Licensee), 1.1 miles North-Northeast Duplicate Sample LLD (State): Cs-134 . 0.006 pCi/m3, Cs-137 . 0.005 pCi/m3 Gamma Isotopic (pCi/m3) Date Radionuclide State (FSV-2) Licensee (A-19) 1st Quarter Cs-I34 <0.005 <0.0027 Composite Cs-137 <0.004 0.0028*0.0034 2nd Quarter Cs-134 <0.005 <0.0019 Composite Cs-137 <0.003 <0.0019 3rd Quarter Cs-134 <0.004 <0.0017 Composite Cs-137 <0.002 <0.0019 4th Quarter Cs-134 <0.003 <0.0019 Composite Cs-137 <0.003 <0.0021 Colorado Department of Health Radiation Control Division Page 11 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-3 (State), 10.0 miles South LLD (State): Cs-134 . 0.006 pCi/m3, Cs-137 . 0.005 pCi/m3 Gamma Isotopic (pCi/m3) Date Radionuclide State (FSV-3) Licensee 1st Quarter Cs-134 <0.005 *7 Composite Cs-137 <0.004 No Comparable Data 2nd Quarter Cs-134 <0.004 Composite Cs-137 <0.003 3rd Quarter Cs-134 <0.003 Composite Cs-137 <0.003 4th Quarter Cs-134 <0.002 Composite Cs-137 <0.002 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 12 • FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-5 (State), 10.5 miles North R-11 (Licensee), 10.5 miles North LLD (State): Cs-134 a 0.006 pCi/m3, Cs-137 a 0.005 pCi/m3 Gamma Isotopic (pCi/m3) Date Radionuclide State (FSY-5) Licensee (R-11) 1st Quarter Cs-134 <0.005 <0.0022 Composite Cs-137 <0.004 <0.0023 2nd Quarter Cs-134 <0.004 <0.0016 Composite Cs-137 <0.002 <0.0017 3rd Quarter Cs-134 <0.005 <0.0017 Composite Cs-137 <0.004 <0.0018 4th Quarter Cs-134 <0.002 <0.0021 Composite Cs-137 <0.001 0.0029=0.0026 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 13 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 - Sample Location: FSV-1 (State). 0.8 miles South F-9 (Licensee), 0.8 miles South Duplicate Sample LLD (State): 1-131 . 0.06 pCi/m3, charcoal cartridge Gamma Isotopic (pCi/m3) State Licensee Oates Collected (FSV-1) Date Collected (F-9) 12/29/86 - 01/05/87 <0.03 01/03/87 <0.031 01/05/87 - 01/12/87 <0.06 01/10/87 <0.030 01/12/87 - 01/20/87 <0.03 01/16/87 <0.018 01/20/87 - 01/26/87 <0.04 01/24/87 <0.023 01/26/87 - 02/02/87 <0.04 01/31/87 <0.034 02/02/87 - 02/09/87 <0.03 02/07/87 <0.016 02/09/87 - 02/17/87 <0.03 02/14/87 <0.014 02/17/87 - 02/23/87 <0.04 02/20/87 <0.029 02/23/87 - 03/02/87 <0.04 02/28/87 <0.034 03/02/87 - 03/09/87 <0.04 03/06/87 <0.014 03/09/87 - 03/16/87 <0.04 03/14/87 <0.032 03/16/87 - 03/23/87 <0.04 03/21/87 <0.022 03/23/87 - 03/30/87 <0.03 03/28/87 <0.034 03/30/87 - 04/06/87 <0.03 04/04/87 <0.034 04/06/87 - 04/13/87 <0.03 04/11/87 <0.025 04/13/87 - 04/20/87 <0.03 04/18/87 <0.017 04/20/87 - 04/27/87 <0.03 04/24/87 <0.033 04/27/87 - 05/04/87 <0.03 05/01/87 <0.028 05/04/87 - 05/11/87 <0.03 05/09/87 <0.027 05/11/87 - 0S/18/87 <0.03 05/16/87 <0.025 05/18/87 - 05/26/87 <0.03 05/23/87 <0.012 05/26/87 - 06/01/87 <0.04 05/29/87. <0.014 06/01/87 - 06/08/87 <0.03 06/06/87 <0.025 06/08/87 - 06/15/87 <0.03 06/12/87 <0.016 06/15/87 - 06/22/87 0.04*0.03 06/19/87 <0.025 06/22/87 - 06/29/87 <0.04 06/26/87 <0.021 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 14 Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV-1) Date Collected (F-9) 06/29/87 - 07/06/87 <0.04 07/03/81 . <0.029 07/06/87 - 07/13/87 <0.03 07/11/87 <0.019 07/13/87 - 07/20/87 <0.04 07/17/87 <0.015 07/20/87 - 07/27/87 <0.04 07/25/87• <0.018 07/27/87 - 08/03/87 <0.04 08/01/87 <0.016 08/03/87 - 08/10/87 <0.04 08/08/87 <0.021 08/10/87 - 08/17/87 <0.04 08/15/87 <0.013 '08/17/87 - 08/24/87 <0.03 08/22/87 <0.024 08/24/87 - 08/31/87 <0.04 08/29/87 <0.025 08/31/87 - 09/08/87 <0.04 09/05/87 <0.014 09/08/87 - 09/14/87 <0.04 09/12/87 <0.017 09/14/87 - 09/21/87 <0.04 09/19/87 <0.028 09/21/87 - 09/28/87 <0.04 09/26/87 <0.023 09/28/87 - 10/05/87 <0.02 10/03/87 <0.033 10/05/87 - 10/12/87 <0.03 10/10/87 <0.011 10/12/87 - 10/19/87 <0.05 10/17/87 <0.021 10/19/87 - 10/26/87 <0.04 10/24/87 <0.014 10/26/87 - 11/02/87 <0.04 10/31/87 <0.020 11/02/87 - 11/09/87 <0.04 11/07/87 <0.020 11/09/87 - 11/16/87 <0.04 11/14/87 *3 11/16/87 - 11/23/87 <0.04 11/21/87 <0.023 11/23/87 - 11/30/87 <0.05 11/28/87 <0.019 11/30/87 - 12/07/87 <0.05 12/05/87 <0.013 12/07/87 - 12/14/87 <0.04 12/12/87 <0.019 12/14/87 - 12/21/87 <0.06 12/19/87 <0.021 12/21/87 - 12/28/87 <0.03 12/28/87 <0.019 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 15 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado • ll AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-2 (State), 1.1 miles North-Northeast A-19 (Licensee). 1.1 miles North-Northeast Duplicate Sample LLD (State): I-131 . 0.06 pCi/m3, charcoal cartridge Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV-2) Date Collected (A-19) 12/29/86 - 01/05/87 <0.04 01/03/87 <0.018 01/05/87 - 01/12/87 <0.04 01/10/87 <0.028 01/12/87 - 01/20/87 <0.04 01/16/87 <0.027 01/20/87 - 01/26/87 <0.05 01/24/87 <0.032 01/26/87 - 02/02/87 <0.05 01/31/87 <0.020 02/02/87 - 02/09/87 <0.04 02/07/87 <0.032 02/09/87 - 02/17/87 <0.04 02/14/87 <0.019 02/17/87 - 02/23/87 <0.05 02/20/87 <0.016 02/23/87 - 03/02/87 <0.03 02/28/87 *3 03/02/87 - 03/09/87 <0.05 03/06/87 *3 03/09/87 - 03/16/87 <0.04 03/14/87 <0.022 03/16/87 - 03/23/87 <0.04 03/21/87 <0.013 03/23/87 - 03/30/87 <0.04 03/28/87 <0.016 03/30/87 - 04/06/87 <0.04 04/04/87 <0.015 04/06/87 - 04/13/87 <0.04 04/11/87 <0.029 04/13/87 - 04/20/87 <0.04 04/18/87 <0.022 04/20/87 - 04/27/87 <0.02 04/24/87 <0.071 04/27/87 - 05/04/87 <0.04 05/01/87 <0.020 05/04/87 - 05/11/87 <0.05 05/09/87 <0.019 05/11/87 - 05/18/87 <0.03 05/16/87 <0.025 05/18/87 - 05/26/87 <0.04 05/23/87 <0.032 05/26/87 - 06/01/87 <0.05 05/29/87 <0.024 06/01/87 - 06/08/87 <0.05 06/06/87 <0.026 06/08/87 - 06/15/87 <0.04 06/12/87 <0.034 06/15/87 - 06/22/87 <0.04 06/19/87 0.034*0.037 06/22/87 - 06/29/87 <0.04 06/26/87 <0.024 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 16 Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV 2) Date Collected (A-19) 06/29/87 - 07/06/87 <0.04 07/03/87 <0.023 07/06/87 - 07/13/87 <0.05 07/11/87 <0.0083 07/13/87 - 07/20/87 <0.05 07/17/87 <0.018 07/20/87 - 07/27/87 <0.05 07/25/87 <0.019 07/27/87 - 08/03/87 <0.04 08/01/87 <0.022 08/03/87 - 08/10/87 <0.04 08/08/87 0.014=0.016 08/10/87 - 08/17/87 <0.04 08/15/87 <0.017 08/17/87 - 08/24/87 <0.06 08/22/87 <0.023 08/24/87 - 08/31/87 <0.04 08/24/87 <0.020 08/31/87 - 09/08/87 <0.04 09/05/87 <0.032 09/08/87 - 09/14/87 <0.04 09/12/87 <0.0034 09/14/87 - 09/21/87 <0.04 09/19/87 <0.035 09/21/87 - 09/28/87 <0.04 09/26/87 <0.025 09/28/87 - 10/05/87 <0.03 10/03/87 <0.026 10/05/87 - 10/12/87 <0.04 10/10/87 <0.018 10/12/87 - 10/19/87 <0.07 10/17/87 <0.023 10/19/87 - 10/26/87 <0.04 10/24/87 <0.011 10/26/87 - 11/02/87 <0.04 10/31/87 <0.032 11/02/87 - 11/09/37 <0.04 11/07/87 <0.019 11/09/87 - 11/16/87 <0.03 11/14/87 <0.025 11/16/87 - 11/23/87 <0.03 11/21/87 <0.032 11/23/87 - 11/30/87 <0.05 11/28/87 <0.016 11/30/87 - 12/07/87 <0.04 12/05/87 <0.0069 12/07/87 - 12/14/87 <0.04 12/12/87 <0.015 12/14/87 - 12/21/87 <0.04 12/19/87 <0.010 12/21/87 - 12/28/87 *2 12/28/87 <0.017 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 17 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: FSV-3 (State), 10.0 miles South LLD (State): I-131 . 0.06 pCi/m3, charcoal cartridge Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSY-3) Date Collected 12/29/86 - 01/05/87. <0.05 *7 01/05/87 - 01/12/87 <0.05 01/12/87 - 01/20/87 <0.04 01/20/87 - 01/26/87 <0.05 01/26/87 - 02/02/87 <0.06 02/02/87 - 02/09/87 <0.05 02/09/87 - 02/17/87 <0.04 02/17/87 - 02/23/87 <0.05 02/23/87 - 03/02/87 <0.07 03/02/87 - 03/09/87 <0.06 03/09/87 - 03/16/87 <0.04 03/16/87 - 03/23/87 <0.05 03/23/87 - 03/30/87 <0.03 03/30/87 - 04/06/87 <0.04 04/06/87 - 04/13/87 <0.04 04/13/87 - 04/20/87 <0.04 04/20/87 - 04/27/87 <0.04 04/27/87 - 05/04/87 <0.03 05/04/87 - 05/11/87 <0.04 05/11/87 - 05/18/87 <0.04 05/18/87 - 05/26/87 <0.04 05/25/87 - 06/01/87 <0.05 06/01/87 - 06/08/87 <0.05 06/08/87 - 06/15/87 <0.05 06/15/87 - 06/22/87 <0.05 06/22/87 - 06/29/87 <0.04 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 18 Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV-3) Oate Collected 06/29/87 - 07/06/87 <0.05 *7 07/06/87 - 07/13/87 <0.04 07/13/87 - 07/20/87 <0.04 07/20/87 - 07/27/87 <0.05 07/27/87 - 08/03/87 <0.06 08/03/87 - 08/10/87 <0.05 08/10/87 - 08/17/87 <0.06 08/17/87 - 08/24/87 <0.06 08/24/87 - 08/31/87 <0.05 08/31/87 - 09/08/87 <0.05 09/08/87 - 09/14/87 <0.05 09/14/87 - 09/21/87 <0.04 09/21/87 - 09/28/87 <0.03 09/28/87 - 10/05/87 <0.04 10/05/87 - 10/12/87 <0.04 10/12/87 - 10/19/87 <0.05 10/19/87 - 10/26/87 <0.03 10/26/87 - 11/02/87 <0.06 11/02/87 - 11/09/87 <0.04 11/09/87 - 11/16/87 <0.04 11/16/87 - 11/23/87 <0.04 11/23/87 - 11/30/87 <0.06 11/30/87 - 12/07/87 <0.06 12/07/87 - 12/14/87 <0.04 12/14/87 - 12/21/87 <0.09 12/21/87 - 12/28/87 <0.03 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 19 • FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado AIRBORNE DATA SUMMARY January 1. 1987 to December 31. 1987 Sample Location: FSV-5 (State), 10.5 miles North R-11 (Licensee), 10.5 miles North Duplicate Sample LLD (State): I-131 . 0.06 pCi/m3, charcoal cartridge Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV-5) Date Collected (R-11) 12/29/86 - 01/05/87 <0.05 01/03/87 <0.021 01/05/87 - 01/12/87 <0.06 01/10/87 <0.018 01/12/87 - 01/20/87 <0.05 01/16/87 <0.029 01/20/87 - 01/26/87 <0.03 01/24/87 <0.019 01/26/87 - 02/02/87 <0.07 01/31/87 <0.032 02/02/87 - 02/09/87 <0.05 02/07/87 <0.014 02/09/87 - 02/17/87 <0.04 02/14/87 <0.027 02/17/87 - 02/23/87 <0.07 02/20/87 <0.027 02/23/87 - 03/02/87 <0.05 02/28/87 <0.029 03/02/87 - 03/09/87 <0.08 03/06/87 <0.019 03/09/87 - 03/16/87 <0.05 03/14/87 <0.0095 03/16/87 - 03/23/87 <0.02 03/21/87 <0.015 03/23/87 - 03/30/87 <0.04 03/28/81 <0.026 03/30/87 - 04/06/87 <0.04 04/04/87 <0.022 04/06/87 - 04/13/87 <0.04 04/11/87 <0.030 04/13/87 - 04/20/87 <0.04 04/18/87 <0.024 04/20/87 - 04/27/87 <0.04 04/24/87 *1 04/27/87 - 05/04/81 <0.05 05/01/87 <0.020 05/04/81 - 05/11/87 <0.05 05/09/87 <0.026 05/11/87 - 05/18/87 <0.04 05/16/87 <0.032 05/18/87 - 05/26/87 <0.03 05/23/87 <0.021 05/26/87 - 06/01/87 <0.07 05/29/87 <0.028 06/01/87 - 06/08/81 <0.05 06/06/87 <0.025 06/08/87 - 06/15/87 *3 06/12/87 <0.033 06/15/87 - 06/22/87 <0.04 06/19/87 <0.011 06/22/87 - 06/29/87 <0.04 06/26/87 <0.023 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 20 Gamma Isotopic (pCi/m3) State Licensee Dates Collected (FSV-5) Date Collected (R-11) 06/29/87 - 07/06/87 *3 07/03/87 <0.019 07/06/87 - 07/13/87 *3 07/11/87 0.0037;0.0036 07/13/87 - 07/20/87 <0.04 07/17/87 <0.014 07/20/87 - 07/27/87 <0.04 07/25/87 <0.027 07/27/87 .- 08/03/87 <0.07 08/01/87 <0.022 08/03/87 - 08/10/87 <0.05 08/08/87 <0.0078 08/10/87 - 08/17/87 <0.05 08/15/87 <0.0070 08/17/87 - 08/24/87 <0.04 08/22/87 <0.022 08/24/87 - 08/31/87 <0.04 08/29/87 <0.013 08/31/87 - 09/08/87 <0.04 09/05/87 <0.032 09/08/87 - 09/14/87 <0.04 09/12/87 <0.016 09/14/87 - 09/21/87 <0.03 09/19/87 <0.021 09/21/87 - 09/28/87 <0.04 09/26/87 <0.017 09/28/87 - 10/05/87 <0.04 10/03/87 <0.013 10/05/87 - 10/12/87 <0.04 10/10/87 <0.021 10/12/87 - 10/19/87 <0.05 10/17/87 *4 10/19/87 - 10/26/87 <0.03 10/24/87 <0.018 10/26/87 - 11/02/87 <0.07 10/31/87 <0.022 11/02/87 - 11/09/87 <0.06 11/07/87 <0.018 11/09/87 - 11/16/87 <0.02 11/14/87 <0.032 11/16/87 - 11/23/87 <0.03 11/21/87 <0.017 11/23/87 - 11/30/87 <0.04 11/28/87 <0.021 11/30/87 - 12/07/87 <0.04 12/05/87 <0.023 I 12/07/87 - 12/14/87 <0.03 12/12/87 <0.021 • 12/14/87 - 12/21/87 <0.06 12/19/87 <0.023 12/21/87 - 12/28/87 <0.05 12/28/87 <0.031 *SEE FOOTNOTES ON PAGE 10 FOR * DESIGNATIONS Colorado Department of Health Radiation Control Division Page 21 FORT ST. YRAIN NUCLEAR GENERATION STATION Platteville, Colorado - WATERBORNE DATA SUMMARY January 1, 1987 to December 31. 1987 The Colorado Department of Health (the Department) splits two surface water samples with the licensee on a monthly basis. (1) The immediate area or discharge sample is collected by the licensee and split with the Department. This sample is a weekly composite sample. The Department analyzes this sample for gamma emitters which includes I-131. The licensee analyzes this sample for gross beta and tritium. The licensee combines the weekly composite with other weekly composites so they can perform a monthly gamma isotopic analysis. The licensee does not perform an I-131 analysis on the split sample. (2) The upstream grab sample, also collected by the licensee, is split with the Department and analyzed for gross beta, tritium and gamma isotopic analysis. Colorado Department of Health Radiation Control Division Page 22 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado WATERBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: E-38 (State), 1.4 miles North-Northeast A-25 (Licensee), 1.4 miles North-Northeast Split Sample and Duplicate Sample Radionuclide Concentration (pCi/1) Radionuclide LLD (State) State Licensee State Licensee State Licensee January (1/10/87) February (2/14/87) March (3/14/87) Split Sample** Gross Beta 6 13*4 <6.54 12*4 • 12.00*9.37 11*4 11.418.33 Tritium 380 816*181 875*423 691*186 1450*423 9814*269 9510*544 Duplicate Sample Gamma Isotopic Mn-54 12 <10 2.5 * 2.4 <10 <2.4 <5 <2.4 Fe-59 24 <26 <4.8 <23 <5.4 <12 <5.6 Co-58 12 <10 <1.8 <10 <2.2 <5 <2.3 Co-60 14 <10 <2.2 <10 <2.5 <5 <2.6 Zn-65 27 <22 5.3 * 5.7 <23 <5.5 <11 <5.6 Zr-95 21 <19 <5.8 <18 <5.4 <9 <5.7 Nb-95 12 <11 <1.7 <10 <2.4 <5 <2.4 I-131 13 <21 * <13 * <8 * Cs-134 13 <11 <2.0 <11 <2.4 <5 <2.5 Cs-137 11 <9 <2.4 <9 8.0 * 3.5 <5 <2.9 Ba-140 31 <39 <3.3 <28 <4.0 <16 <3.9 La-140 14 <17 <3.8 <12 <4.6 <7 <4.5 April (4/11/87) May (5/16/87) June (6/12/87) Split Sample** 6ross Beta 6 11*4 18.30*9.61 12*4 8.71*7.99 11*4 11.50*9.37 Tritium 380 2005*196 2590*443 7674*244 7970*522 7841*247 12000*575 Duplicate Sample Gamma Isotopic Mn-54 12 <10 <2.3 <9 <1.6 <11 4.8*3.0 Fe-59 24 <25 <6.6 <21 <5.0 <26 <5.5 Co-58 12 <10 <2.5 <9 <1.5 <11 <2.2 Co-60 14 <11 <2.3 <9 <1.6 <11 <2.5 Zn-65 27 <25 5.4 * 6.6 <20 9.4 * 4.6 <25 <5.6 Zr-95 21 <19 <5.1 <16 <3.5 <21 <5.6 Nb-95 12 <11 3.6 * 2.8 <9 <1.7 <11 2.7*3.0 I-131 13 <12 * <10 * <16 * Cs-134 13 <12 <2.3 <10 <1.6 <12 <2.4 Cs-137 11 <10 <3.4 9 * 7 <2.4 15 * 10 <2.9 Ba-140 31 <28 <3.4 <23 <2.3 <34 <3.8 La-140 14 <12 <3.9 <9 <2.7 <14 <4.4 * Sample not analyzed for this radionuclide ** The split sample is also analyzed for gross beta and tritium by on site personnel . These results are in parenthesis, ( ). • Colorado Department of Health Radiation Control Division Page 23 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado WATERBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: E-38 (State), 1.4 miles North-Northeast A-25 (Licensee), 1.4 miles North-Northeast Split Sample and Duplicate Sample Radionuclide Concentration (pCi/1 ) Radionuclide LLD (State) State Licensee State Licensee State Licensee July (7/11/87) August (8/08/87) September(9/12/87) Split Sample** -tross Beta 6 6*4 <6.47 13*4 11.60*8.59 10*4 8.14*8.21 Tritium 380 18789*341 26000*712 6226*229 5980*488 828*175 1160*416 Duplicate Sample Gamma isotopic Mn-54 12 <10 <2.2 <11 <1.7 <10 <2.3 Fe-59 24 <26 <5.2 <27 <4.0 <24 <6.9 Co-58 12 <11 <2.2 <11 <1.6 <10 <2.0 Co-60 14 <11 <2.3 <12 <1.8 <10 <2.4 Zn-65 27 <23 <5.5 <26 <4.0 <23 <5.5 Zr-95 21 <19 <5.0 <20 <4.0 <18 <5.2 Nb-95 12 <11 <2.2 <11 <1.7 <10 <2.0 I-131 13 <13 * <13 * <13 * Cs-134 13 <12 <2.3 <13 <1.7 <11 <2.2 Cs-137 11 <10 3.6 * 4.0 <11 <2.1 <9 2.7 * 3.2 Ba-140 31 <29 <3.3 <31 <6.4 <29 <3.6 La-140 14 <13 <3.8 <13 <7.3 <12 <4.1 October (10/10/87) November (11/14/87) December(12/19/87) Split Sample** Gross Beta 6 14*4 10.70*9.39 8*4 <6.39 14*4 13.30*8.84 Tritium 380 318:170 3300*456 537*172 985*419 28208*393 29700*752 Duplicate Sample Gamma Isotopic Mn-54 12 <10 <1.9 <9 <2.1 <9 <2.3 Fe-59 24 <23 <5.3 <21 <6.0 <22 <6.5 Co-58 12 <10 <1.7 <9 <2.0 <9 <2.1 Co-60 14 <10 <1.9 <10 <2.3 <9 <2.5 Zn-65 27 <23 <4.3 <22 <5.0 <20 <5.6 Zr-95 21 <18 <4.0 <16 <5.7 <17 <5.2 Nb-95 12 <10 <1.6 <10 <1.9 9 <2.0 I-131 13 <12 * <11 <12 * Cs-134 13 <11 <1.8 <10 <2.2 <10 <2.3 Cs-137 11 <9 2.8*3.2 <9 <2.6 <9 <2.8 Ba-140 31 <28 <2.7 <25 <3.5 <26 <3.6 La-140 14 <11 <3.1 <11 <4.0 <13 <4.2 * Sample not analyzed for this radionuclide ** The split sample is also analyzed for gross beta and tritium by on site personnel . These results are in parenthesis. ( ). . ***Value is the result of second analysis of sample Colorado Department of Health Poise 24 . . FORT ST. YRAIN NUCLEAR GENERATION STATION Platteville, Colorado • WATERBORNE DATA SUMMARY January 1, 1987 to December 31, 1987 Sample Location: U-42 (State), 1.5 miles West-Southwest A-21 (Licensee), 1.5 miles West-Southwest Split Sample and Duplicate Sample Radionuclide Concentration (pCi/1) Radionuclide LLD (State) State Licensee State Licensee State Licensee January (1/10/87) February (2/14/87) March (3/14/87) Split Sample** Gross Beta 6 7*4 10.20*8.75 9*4 8.9229.21 13±4 15.6018.84 Tritium 380 <350 <347 <350 596±410 <350 <346 Split Sample Gamma Isotopic Mn-54 12 <10 <2.6 <5 <3.4 <10 <1.8 Fe-59 24 <26 9.2 * 5.9 <12 <8.4 <25 <4.5 Co-58 12 <11 <2.6 <5 <3.2 <I1 <1.8 Co-60 14 <10 <2.6 <5 <3.5 <11 <1.8 Zn-65 27 <23 <6.0 <11 18 2 9.2 <23 <4.1 Zr-95 21 <19 <6.1 <9 <7.8 -<20 <4.1 Nb-95 12 <11 2.7 * 2.7 <5 <2.9 <11 <1.7 I-131 13 <23 * <8 * <22 * Cs-134 13 <11 <2.7 <5 <3.4 <11 <1.8 Cs-137 11 <10 <4.0 <5 <4.2 <10 6.1 * 3.3 Ba-140 31 <42 <3.9 <16 <5.5 <40 <2.7 La-140 14 <18 <4.5 <7 <6.3 <17 <3.1 April (4/11/87) May (5/16/87) June (6/12/87) Split Sample** Gross Beta 6 12*4 8.56p8;79 <5 11.00*8.13 10*4 <6.97 Tritium 380 <350 <337 <350 <337 <350 <349 Split Sample Gamma Isotopic Mn-54 12 <10 <2.4 <13 <2.9 <5 <1.8 Fe-59 24 <25 <5.9 <31 <6.9 <13 <4.6 Co-58 12 <10 <2.3 <13 <2.7 <6 <1.8 Co-60 14 <10 <2.7 <13 <3.2 <6 <1.9 Zn-65 27 <23 <5.8 <30 <6.8 <12 6.3 * 5.1 Zr-95 21 <19 <5.8 <23 <6.9 <10 <4.2 Nb-95 12 ' <II <2.2 <13 <2.5 <6 <1.6 I-131 13 <13 * <15 * 10 * 6 * Cs-134 13 <11 2.9 * 3.0 <15 <2.9 <6 <1.8 Cs-137 11 <10 3.2 * 3.6 <13 <3.5 <5 5.5 * 3.3 Ba-140 31 <29 <4.4 <34 <5.3 <18 <2.8 La-140 14 <12 <5.0 <14 <6.1 <8 <3.2 * Sample not analyzed for this radionuclide ** The split sample is also analyzed for gross beta and tritium by on site personnel . These results are in parenthesis, ( ). • Colorado Department of Health Radiation Control Division Page 25 WATERBORNE DATA SUMMARY January 1, 1987 to Decemb Sample Location: U-42 (State). 1.5 miles West-Southwest A-21 (Licensee), 1.5 miles West-Southwest Split Sample and Duplicate Sample Radionuclide Concentration (pCi/1) Radionuclide LLD (State) State License State License State License July (7/10/87) August (8/08/87) September(9/12/87) Split Sample** Gross Beta 6 11*4 16.10*9.58 3*4 17.40*9.30 9±4 11.1028.57 Tritium 380 154*178 508*409 234*167 <335 213*169 <332 Duplicate Sample Gamma Isotopic Mn-54 12 <10 <2.0 <14 <3.1 <10 <2.1 Fe-59 24 <24 <4.9 <34 <7.7 <24 <5.2 Co-58 12 <11 <1.9 <14 <3.3 <10 2.7 * 2.5 Co-60 14 <11 <2.2 <15 <3.2 <10 2.2 * 2.1 Zn-65 27 <23 <4.7 <32 <7.7 <22 <5.1 Zr-95 21 <19 <4.8 <26 <7.2 <18 <4.8 Nb-95 12 <10 3.6 * 2.2 <14 <2.9 <10 <1.9 I-131 13 <12 * <18 _* <12 * Cs-134 13 <12 <2.0 <15 <3.3 <I1 <2.1 Cs-137 11 <10 <2.5 <13 <4.8 <9 4.0 * 3.8 Ba-140 31 <28 <3.3 <40 <4.7 <28 <3.3 La-140 14 <12 <3.8 <17 <5.4 <11 <3.7 October (10/10/87) November (11/14/87) December(12/19/87) Split Sample** Gross Bela 6 15*4 12.10*9.60 13*4 7.66±8.47 10*4 11.80*8.78 Tritium 380 -12*167 <339 87*167 584*413 303±170 <341 Duplicate Sample Gamma Isotopic • Mn-54 12 <10 <3.3 <9 <3.4 <9 <3.7 Fe-59 24 <23 <8.0 <22 <7.8 <23 <8.8 Co-58 12 <10 <3.1 <9 <3.2 <9 <3.5 Co-60 14 <10 <3.4 <10 <3.5 <10 <4.0 Zn-65 27 <22 <8.0 <22 <8.1 <22 <8.8 Zr-95 21 <18 <7.6 <17 <7.6 <17 <8.9 Nb-95 12 <10 <3.2 <10 <3.3 <10 <3.4 I-131 13 <11 * <12 * <18 * Cs-134 13 <11 <3.3 <10 <3.3 <10 <3.8 ' Cs-137 11 <10 7.8 * 5.9 13 * 9 <6.0 <9 <4.6 Ba-140 31 <26 <5.7 <27 7.4 * 7.8 <34 <6.1 La-140 14 <11 <6.5 <12 8.5 * 8.9 <14 <7.0 * Sample not analyzed for this radionuclide ** The split sample is also analyzed for gross beta and tritium by on site personnel . These results are in parenthesis, ( ). Colorado Department of Health Radiation Control Division Page 26 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado TLD - DIRECT January 1, 1987 to December 31, 1987 The Colorado Department of Health (the Department) has maintained a network of dosimeters to measure the gamma exposure rates of the Fort St. Vrain Nuclear Generating Station for several years. The Department utilizes a Teledyne Isotopes phosphor-teflon dosimeter RGD-CASO4 DZ-0.4H. The dosimeters are read by Teledyne Isotopes. The requirements of this present contract, between the Department and the U.S. Nuclear Regulatory Commission (NRC), require that the Department exchange the dosimeters belonging to the NRC. The NRC uses a Panasonic TLD system containing two elements of Liz 84 07: Cu, Ag and two elements of Ca SO4: Tm. The COH and the NRC systems are changed on a quarterly basis. The NRC established the locations for their system according to their siting requirement, however, co-location of CDH and NRC dosimeter was accomplished whenever possible. The licensee uses a Ca F2: Dy (TLD-200) dosimeter in a distribution pattern simiilar to that utilized by the NRC. The licensee also changes their dosimeters quarterly. The licensee reports their results in the mR/day and the other agencies report their results in mR/quarter. The licensee's results were adjusted to mR/quarter value so that the results could be compared on the Colorado Department of Health Radiation Control Division Page 27 same basis. Due to the different locations of ali the dosimeters results are reported are those co-located or in close proximation to one another. Difference in the reported results may be the result of different materials used in the dosimeter and due to the different measuring systems. • Colorado Department of Health Radiation Control Division • Page 28 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado TLD - ENVIRONMENTAL EXPOSURE REPORT January 1, 1987 to December 31, 1987 . COLORADO DEPARTMENT OF HEALTH RESULTS EXPOSURE RATE Location , mR/quarter mR/year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL . F-3 35.9 29.1 29.0 29.6 123.6 F-4 34.3 29.7 26.7 29.8 120.5 F-7 33.6 28.8 27.0 29.6 119.0 F-44 34.8 31.8 29.4 30.0 126.0 Giicrest 29.7 26.6 25.6 28.6 110.5 Mead 40.6 29.2 31.9 34.0 135.7 Milliken 37.5 29.6 29.1 28.9 125.1 Platteville 36.5 32.9 30.2 29.7 129.3 CDH - Control 32.6 29.1 29.4 30.0 121.1 CDH - Building 34.5 . 30.6 31.5 31.4 128.0 • Colorado Department of Health Radiation Control Division Page 29 • FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado TLD - DIRECT January 1, 1987 to December 31, 1987 Sample Location: Site Location Distance (km) - 1 (NRC) Telephone Pole No. 35 1.2 F-16 (Licensee) Telephone Pole on NE corner of potato teller 6 (NRC) Telephone Pole at intersection of Road 42 and CO 60 7.5 A-3 (Licensee) Intersection of Road 42 and CO 60 17 (NRC) Telephone Pole 35m South of Road 19 1/2 and Road 34 1.5 F-9 (Licensee) Telephone Pole 35m South of Road 19 1/2 and Road 34 F-4 (CDH) Telephone Pole 35m South of Road 19 1/2 and Road 34 19 (NRC) Telephone Pole at Intersection of Road 19 and Road 34 1.5 F-10 (Licensee) Telephone Pole at Intersection of Road 19 and Road 34 20 (NRC) Telephone Pole at intersection of Road 19 and CO 65 4.5 A-9 (Licensee) Telephone Pole at intersection of Road 19 and CO 66 29 (NRC) Telephone Pole at Intersection of Road 19 and Road 34 1/2 1.5 F-14 (Licensee) Telephone Pole at Intersection of Road 19 and Road 34 1/2 30 (NRC) Telephone Pole at Intersection of Road 13 and Road 40 6.9 A-14 (Licensee) Telephone Pole at Intersection of Road 13 and Road 40 33 (NRC) Telephone Pole in parking lot of Mead Elementary School 10.5 Mead (COH) Telephone Pole in parking lot of Mead Elementary School 34 (NRC) Telephone Pole across from Platteville School 5.9 A-17 (Licensee) Platteville School , NW corner outside school yard Platteville (CDH) Telephone Pole across from Platteville School 35 (NRC) North side of Visitor's Center at Plant 0.1 F-13 (Licensee) On metal staircase going down off dike 0.5 38 (NRC) Telephone Pole at Ludford Elementary School in Johnstown 10.8 R-2 (Licensee) Telephone Pole at Ludford Elementary School in Johnstown 39 (NRC) Telephone Pole across from Milliken Middle School 9.3 R-1 (Licensee) Telephone Pole across from Milliken Middle School Milliken (CDH) Telephone Pole across from Milliken Middle School 40 (NRC) Telephone Pole across from elementary school in Gilchrest 9.7 R-7 (Licensee) Telephone Pole behind Gilchrest School Auditorium 9.3 Gilchrest (CDH) Telephone Pole across from elementary school in Gilchrest 49 (NRC) Telephone Pole North of Plant site .5 F-17 (Licensee) Visitor Center, over entrance F-44 (CDH) Telephone Pole North of Plant site F-1 (Licensee) Telephone Pole by gate leading to Goosequill Pond 1.3 F-7 (CDH) Telephone Pole by gate leading to Goosequill Pond Colorado Department of Health Radiation Control Division Page 30 • FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado TLD - DIRECT January 1, 1987 to December 31. 1987 mR/quarter* mR/year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 1 (NRC) 30.1 29.0 missing 45.2 104.3 (3) F-16 (Licensee) 42.9 34.7 39.2 39.2 156.0 6 (NRC) 31.2 28.3 40.0 44.8 144.3 A-3 (Licensee) 42.0 37.4 42.0 41.1 162.5 17 (NRC) 30.2 29.3 39.3 41.3 140.1 F-9 (Licensee) 41.1 36.5 39.2 40.2 157.0 F-4 (CON) 34.3 29.7 26.7 29.8 120.5 19 (NRC) 31.3 32.3 37.9 43.8 145.3 F-10 (Licensee) 37.4 35.6 40.2 41.1 154.3 20 (NRC) 31.7 29.4 41.4 44.2 146.7 A-9 (Licensee) 45.6 33.8 42.0 45.6 167.0 29 (NRC) 28.8 28.6 36.9 41.7 136.0 F-14 (Licensee) 38.3 33.8 39.2 38.3 149.6 30 (NRC) 27.8 28.4 36.0 missing 92.2 (3) A-14 (Licensee) 38.3 36.5 29.2 36.5 140.5 33 (NRC) 31.8 30.9 39.2 44.1 146.0 Mead (CDH) 40.6 29.2 31.9 34.0 135.7 34 (NRC) 29.4 28.7 38.9 41.5 138.5 A-17 (Licensee) 48.4 37.4 43.8 42.0 171.6 Platteville (CDH) 36.5 32.9 30.2 29.7 129.3 35 (NRC) 29.2 27.8 36.8 45.2 139.0 F-13 (Licensee) 38.3 37.4 32.9 47.5 156.1 I 38 (NRC) 30.4 30.2 39.3 44.9 144.8 R-2 (Licensee) 42.0 33.8 43.8 40.2 159.8 39 (NRC) 29.2 29.6 35.0 44.4 138.2 R-1 (Licensee) 40.2 36.5 39.2 35.6 151.5 Milliken (CDH) 37.5 29.6 29.1 28.9 125.1 40 (NRC) 47.1 35.0 36.5 41.1 159.7 R-7 (Licensee) 36.5 31.0 40.2 • 37.4 145.1 Gilchrest (CDH) 29.7 26.6 25.6 28.6 110.5 49 (NRC) 40.9 39.2 40.7 46.9 167.7 F-17 (Licensee) 41.1 37.4 42.0 45.6 166.1 F-44 (CDH) 34.8 31.8 29.4 30.0 126.0 F-I (Licensee) 42.9 37.4 38.3 38.3 156.9 F-7 (COH) 33.6 28.8 27.0 29.6 119.0 * The licensee's data was calculated by multiplying the mR/day by 91.25 to derive the quarterly data. The difference in reported results is explained on pages 27 and 28. ** See the narrative on pages 27 and 28 for an expination of the C. ) and dual values for the NRC 1st quarter results. Colorado Department of Health Page 31 / Radiation Control Division , 9 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado FOOD PATHWAY SUMMARY January 1, 1987 to December 31, 1987 • Milk samples are split between the Colorado Department of Health (the Department) and the Licensee, with the samples being collected by the Licensee. The contract requires that sample of fish be analyzed semi-annually and two fish samples were analyzed by the licensee. Two vegetable samples (zucchini and carrots) were split with the licensee. SEDIMENT SUMMARY The sediment sample was a split sample from R-10. • Colorado Department of Health Radiation Control Division Page 32 • FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado INGESTION SUMMARY - MILK January 1, 1987 to December 31, 1987 . Sample Location: F-44 (State), 1.1 miles East A-23 (Licensee), 1.1 miles East Split Sample Gamma Isotopic (pCi/1) , Radionuclide LLD (State) State License State License State License January (1/10/87) February (2/14/87) March (3/06/87) I-131 13 <1 0.56*0.53 <2 <0.39 <12 <0.41 Cs-134 13 <11 <3.8 <11 4.2*3.0 <11 <2.3 Cs-137 11 <10 <4.4 <10 6.9*3.8 <10 5.6*4.2 Ba-140 31 <28 <6.1 <26 <4.2 <27 <3.3 La-140 14 <12 <7.0 <II <4.8 <11 <3.8 April (4/11/87) May (5/09/87) June (6/19/87) I-131 13 <6 <0.39 <3 <0.36 <2 <0.27 Cs-134 13 <11 4.2*2.9 <11 <3.0 <11 3.4*3.0 Cs-137 II 15*7. 15*4.3 1129 <3.6 <10 <3.1 9a-140 31 <25 <3.4 <29 <6.9 <26 <4.1 La-140 14 <11 <3.9 <12 <7.9 <11 <4.7 July (7/03/87) August (8/05/87) September (9/05/87) I-131 13 <2.2 <0.40 <5.7 <0.22 <2.7 <3.3 Cs-134 13 <11 <2.4 <11 3.4*2.6 <11 <4.1 Cs-137 11 <9 6.2*4.2 <9 <2.6 <9 <4.9 Ba-140 31 <30 <4.9 <25 <3.4 <26 <6.4 La-140 14 <12 <5.6 <10 <3.9 <10 <7.3 October (10/31/87) November (11/21/87) December (12/05/87) I-131 13 <3.1 <0.30 * <0.23 <4.6 <0.34 Cs-134 13 <10 <2.2 <1.8 <10 <2.3 Cs-137 11 <9 <2.5 <1.9 <9 <2.7 8a-140 31 <24 <3.3 <3.6 <24 <4.1 La-140 14 <10 <3.8 <4.2 4 <10 <4.7 *1 Sample not received at CDH Colorado Department of Health Radiation Control Division Page 33 FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado INGESTION SUMMARY - FOOD PRODUCT (VEG) January 1, •1987 to December 31, 1987 Sample Location: Zucchini , Licensee - A-30 (Split) Sample Date: September 10, 1987 Gamma Isotopic (pCi/kg) Radionuclide LLD (State) State Licensee 1-131 25 <1522* <2.9 Cs-134 26 <29 <3.1 Cs-137 22 <25 <3.5 Sample Location: Carrots, Licensee - R-13 (Split) Sample Date: September 10, 1987 Gamma Isotopic (pCi/kg) Radionuclide LLD (State) State Licensee I-131 25 <875* <8.9 Cs-134 26 <31 <5.1 Cs-137 22 <26 6.9*7.9 * above LLO because of delay in analysis Colorado Department of Health Radiation Control Division Page 34 FORT ST. YRAIN NUCLEAR GENERATION STATION Platteville, Colorado BIOTA SUMMARY - FISH January 1, 1987 to December 31, 1987 . Sample Location: Downstream, A-25, Goosequill Pond outlet, 1.4 miles North-Northwest Split Sample Sample Date: May 15, 1987 Gamma Isotopic (ppCi/kg) (pCi/1 ) Radionuclide LLD (State) State Licensee (end i/z yr.) (Split) (Split) Mn-54 23 <53 <4.2 <6.7 Fe-59 46 <993 13*13 <12 Co-58 23 <176 <4.0 <6.5 Co-60 27 <41 <4.6 <7.4 Zn-65 53 <138 12*13 <17 Cs-134 26 <49 <4.3 <7.0 Cs-137 22 <37 <5.2 <8.2 • Colorado Department of Health Radiation Control Division Page 35 II FORT ST. VRAIN NUCLEAR GENERATION STATION Platteville, Colorado SEDIMENT SUMMARY (SOIL) January 1, 1987 to December 31, 1987 - Sample Location: Downstream, R-10, South Platte at bridge and CO 66, 16 miles Split Sample Sample Date: August 29, 1987 (State) Gamma Isotopic ( Ci/k ) (pCi/1 ) Radionuclide LLD (State) a e Licensee (Split) (Split) April 11 Mn-54 23 <18 * * Fe-59 46 <87 * * Co-58 23 <25 * * Co-60 27 <17 * * Zn-65 53 <47 * * Cs-134 26 <20 15*13 41*25 Cs-137 22 16*12 130*13 230*27 * no analysis Colorado Department of Health Radiation Control Division Page 36 ATTACHMENT 1 ENVIRONMENTAL RADIOLOGICAL VERIFICATION MONITORING PROGRAM . AROUND NUCLEAR POWER PLANTS Exposure Pathway Number of Samples Sampling and Type of Frequency and/or Sample and Location Collection Frequency and Analysis AIRBORNE: Particulates One sample, from a Continuous operation Gross beta radioactivity location of high of sampler with analysis following each calculated ground sample collection filter change; composite level concentra- as required by dust (by location) for gamma tion and in close loading but at least isotopic analysis guar- proximity to once per 7 days. terly. licensee's sampler. One sample from a Continuous operation Gross beta radioactivity control location in of sampler with analysis following each close proximity to sample collection filter change; composite licensee's sampler. as required by dust (by location) for gamma loading but at least• isotopic analysis guar- once per 7 days. terly. Radioiodine Sampe as Same as particulates. 1311 isotopic analysis particulates. following each cartridge change. WATERBORNE: Surface One sample, split Monthly. Gamma isotopic and with licensee. from tritium analysis monthly. immediate area of discharge, or at nearest downstream drinking water supply. One sample, split Same as above. Same as above. with licensee, from an upstream control location. • Colorado Department of Health Radiation Control Division Page 37 ATTACHMENT 1 (con't) Exposure Pathway Number of Samples Sampling and Type of Frequency and/or Sample and Location Collection Frequency and Analysis INGESTION: Milk One sample, split Monthly. Gamma isotopic and with licensee, at radioiodine analyses an offsite dairy monthly. farm or individual milk animal at the location having the highest X/Q. Fish One sample, split Semiannually. Gamma isotopic analysis. with licensee, of a commercially or recreationally im- portant species in • the vicinity of the plant discharge point. • Food Products Two samples, split At time of harvest. Gamma isotopic analyses with licensee, of including radioiodine principal food pro- of edible portion. ducts grown near point having the highest X/Q or from any area where Tfquid plant wastes have been discharged or green leafy vege- t tiles at a private garden or farm in the immediate area of the plant. Sediment from Shoreline One sample, split Annually. Gamma isotopic analysis. with licensee, of .shoreline sediment downstream from the plant. • Colorado Department of Health Radiation Control Division Page 38 • • ATTACHMENT 1 (con't) Exposure Pathway Number of Samples Sampling and Type of Frequency and/or Sample and Location Collection Frequency and Analysis TLD-Direct Radiation a. TLD badges in Quarterly. Analyses to be performed 16 sectors around by the Commission. the plant site at two distances from the site boundary: (1) Site boundary out to 1 mile. (2) From 2 to 4 miles from site boundary. b. Population centers within 10 miles of the plant. c. Maximum exposed residences wi thi n 3 miles of the plant. d. High public interest sites within 5 miles of the plant. e. Three background control sites greater than 15 miles from the plant. • Colorado Department of Health Radiation Control Division Page 39 ri ATTACHMENT 2 COLORADO DEPARTMENT OF HEALTH DETECTION CAPABILITIES FOR ENVIRONMENTAL SAMPLE ANALYSES LOWER LIMIT OF DETECTION (LLD)a.9.h Airborne Fish, Meat Water Particulate or Gas or Poultry Milk Food Products Sediment ' Analysis (pCi/1 ) (pCi/m ) (pCi/kg,wet) (pCi/1 ) (pCi/kg, wet) (pCi/kg, dry) Gross beta 1.0E-02 3H 2000 1000b 54Mn 15 1.OE-02d 130 • • 60e 100f 59Fe 30 2.0E-02d 260 80e 200f ' 58Co 15 1.0E-02d 130 50e 100f 60Co 15 1.0E-02d 130 50e 100f 652n 30 2.0E-02d 260 60e 200f 95zr-95Nb 15c 2.0E-024 80e 200f 1311 1 7.0E-02 1 60 ' 200f 134Cs 15 5.0E-02 130 15 60 150 137Cs 18 6.0E-02 150 18 80 180 140ga-1401A 15c 2.0E-02d 15c 60e 200f Colorado Department of Health Radiation Control Division Page 40 • ATTACHMENT 3 DETECTION CAPABILITIES FOR ENVIRONMENTAL SAMPLE ANALYSES LOWER LIMIT OF DETECTION (LLD) Analysis LLD Particulate in Air gross beta (pCi/m3) 0.08 [350 m2 on 4 inch glass fiber filter] Liquid Scintillation 3H (pCi/1) 380 Gamma Isotopic HPGE (1000 min) NaI (1000 min) Water (pCi/1 ) [3.5 liter Marinelli] Mn-54 12 Fe-59 24 Co-58 12 Co-60 14 Zn-65 27 Zr-95 21 Nb-95 12 1-131 13 4 Cs-134 13 Cs-137 11 Sa-140 31 La-140 14 Gas (pCi/m3) [350 m3 on 4 inch charcoal cartridge] 1-131 0.06 Particulate [350 m on 4 inch glass fiber filter] Cs-134 0.07 Cs-137 0.06 Particulate [4000 m3 on glass fiber filter) Cs-134 0.006 Cs-137 0.005 Colorado Department of Health Radiation Control Division Page 41 Attachment 3, Continued Detection Capabilities 'for Environmental Sample Analyses Lower Limit of Detection (LLD) HPGE (1000 min) NaI (1000 min) Fish, Meat, Poultry (pCi/kg) [4 oz container] Mn-54 23 Fe-59 46 Co-58 23 Co-60 27 Zn-65 53 Cs-134 26 Cs-137 22 Milk (pCi/1 ) [3.5 Titer Marinelli] 4 I-131 13 Cs-134 13 Cs-137 11 Ba-140 31 La-140 14 • • Food Products (pCi/kg, wet) [3.5 liter Marinelli] 1-131 25 Cs-134 26 Cs-137 22 Ba-140 59 La-140 27 Sediment and Soil (pCi/kg, dry) [4oz container] Cs-134 340 Cs-137 280 Colorado Department of Health Radiation Control Division Page 42 • ATTACHMENT 4 EPA INTERCOMPARISON STUDIES 1987 GAMMA IN WATER (semi-annually) 60 652n 106 134 137 1Cr Co Ru Cs Cs (pCi/1) (pCi/1) (pCi/t) (pCi/1) (pCi/1) (pCi/1 ) February known value 50.00 91.00 100.00 59.00 87.00 02/06/87 CON value 41.66 86.67 93.00 49.00 87.33 June known value 41.00 64.00 10.00 75.00 40.00 80.00 06/06/87 CDH value <114 60.33 <24 <88 40.33 89.33 IODINE IN WATER (annually, 1 ow level , 1 other) 1311 (pCi/1 ) April known value 7.00 04/03/87 CDH value <6 , GROSS ALPHA AND BETA ACTIVITIES IN WATER Alpha Beta (pCi/1) (pCi/1 ) January known value 11.00 10.00 01/23/87 CDH value 8.67 14.00 March known value 3.00 13.00 03/20/87 CDH value 4.00 15.00 May known value 11.00 -7.00 05/22/87 COM value 6.33 9.67 TRITIUM IN WATER LABORATORY (quarterly) Tritium (pCi/1) February known value 4209.00 02/13/87 CON value 4014.66 June known value 2895.00 06/12/87 CDH value 2689.33 October known value 4492.00 09/16/87 CDH value 4082.00 • Colorado Department of Health Page 43 Radiation Control Division • ATTACHMENT 4, CONTINUED EPA INTERCOMPARISON STUDIES LABORATORY "BLIND" PERFORMANCE EVALUATION STUDY (semi-annually) Sr 226Ra 228Ra April Alpha 'etaB9Sr 04/20/87 (pCi/1) (pCi/1 ) (pCi/11 (pCi/1 ) (pCi/i) (pCi/1) known value 30.00 66.00 19.00 10.00 3.90 4.00 CDH value 16.00 52.33 no data no data 3.70 4.06 60Co 134Cs 137Cs U (pCi/i ) (pCi/1) (pCi/1) (pCi/1 ) known value 8.00 20.00 15.00 5.00 CDH value <10.00 11.00 no data 5.00 October Alpha Beta 89Sr 90Sr 226Ra 228Ra 10/21/87 (pCi/1) (pCi/1) (pCi/1) (pCi/1) (pCi/1) (pCi/1 ) known value 28.00 72.00 16.00 10.00 4.80 3,60 CDH value no data no data no data no data 4.20 no data 60Co 134Cs 137Cs U (pCi/1) (pCi/1 ) (pCi/1) (pCi/1 ) known value 16.00 16.00 24.00 3.00 CDH value 13.67 13.67 23.00 3.00 RADIONUCLIDES IN MILK (annually, 1 low i vel, 1 other) 89Sr 9USr lilt 137Cs 40K (pCi/1) (pCi/1 ) (pCi/i ) (pCi/1 ) (mg/1 ) June known value 69.00 35.00 59.00 74.00 1525 06/26/87 CDH value no data no data 51.00 76.00 no data RADIONUCLIDE IN AIR FILTERS CROSS CHECK PROGRAM (s 1-annually) • • Alpha Beta Sr 137Cs (pCi/f) (pCi/f) (pCi/f) (pCi/f) April known value 14.00 43.00 17.00 8.00 04/10/87 CDH value 12.00 56.33 no data 9.67 August known value 10.00 30.00 10.00 10.00 08/28/87 CDH value 14.00 77.00 no data no data Colorado Department of Health Radiation Control Division Page 44 ATTACHMENT 4, CONTINUED EPA INTERCOMPARISON STUDIES PLUTONIUM IN WATER 239pu • January known value 16.70 01/16/87 CDH value 14.80 URANIUM IN WATER U-(NAT) February known value ' 02/20/87 CDH value 8.33 LOW IODINE IN MILK 1311 February known value 9.00 02/27/81 CDH value no data RADIUM IN WATER 226Ra March known value 7.30 03/13/87 CDH value 7.87 TRITIUM IN URINE Tritium April known value 56'10 ' 04/24/87 CDH value 5348 Colorado Department of Health Radiation Control Division Page 45 l e - O.O11 '+4 4'°+, UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON,0,C.20666 0. �S *o d ,/' May 18, 1989 Docket No. 50-267 Mr. R. 0. Williams, Jr. Senior Vice President, Nuclear Operations Public Service Company of Colorado Post Office Box 840 Denver, Colorado 80202-0840 Dear Mr. Williams: SUBJECT: APPROVAL OF FORT ST. VRAIN FIRE PROTECTION PROGRAM PLAN This letter is our Safety Evaluation of the Fort St. Vrain Fire Protection Program Plan, Revision 1 dated July 22, I988. Our review is based on the Technical Evaluation Report (TER) done by our contractor, Science Applications International Corporation (SAIC). SAIC's TER is enclosed. This review was conducted against the applicable regulatory criteria and guidance. These include: - Appendix A to BTP APPCSB 9.5-1, - Appendix R to 10 CFR Part 50, - Generic Letter 86-10 and - Generic Letter 88-12. The staff sent a draft of this TER to you by letter dated January 30, 1989, and received you comments by letter dated March 16, 1989. Based on this evaluation and your other written commitments, we conclude that your Fire Protection Program Plan is acceptable. The approved Fire Protection Program Plan should be incorporated in your updated Final Safety Analysis Report (FSAR) as per Generic Letter 86-10. This approval may also serve as a basis for deleting appropriate portions of your Fire Protection Technical Specifications, and substituting the general license condition discussed in Generic Letter 86-10. Sincerely, Kenneth L. Heitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page Mr. R. 0. Williams, Jr. Public Service Company of Colorado Fort St. Vrain cc: Mr. 0. W. Warembourg, Manager Albert J. Haile. Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver. Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, Manager Mr. Charles H. Fuller Fort St. Vrain Services Manager, Nuclear Production GA International Services Corporation and Station Manager Post Office Box 8S608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey. Manager Nuclear Licensing and Resource Mr. P. F. Tomlinson. Manager • Management Division Quality Assurance Division Public Service Company of Colorado Public Service Company of Colorado P. 0. Box 840 16805 Weld County Road 19-1/2 Denver, Colorado 80201-0840 Platteville, Colorado 80651 Senior Resident Inspector Mr. 0. D. Hock U.S. Nuclear Regulatory Commission President and Chief Executive Officer P. 0. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Standfield & O'Donnell ATTN: Mr. J. K. Tarpey Commitment Control Program Public Service Company Building Coordinator Room 900 Public Service Company of Colorado 550 15th Street 2420 Y. 26th Ave. Suite 100-0 Denver. Colorado 80202 Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley. Colorado 80631 • Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 1 SAIC-88/1822 TECHNICAL EVALUATION REPORT INDEPENDENT REVIEW OF FIRE PROTECTION PROGRAM PLAN PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION TAC #66508 May 3, 1989 Prepared for: U.S. Nuclear Regulatory Commission Washington, O.C. 20555 Contract NRC-03.87-029 Task Order No. 03 TABLE OF CONTENTS Section Pace FOREWORD 1. INTRODUCTION 1 1.1 Purpose of Review 1 1.2 Generic Background 1 1.3 Plant-Specific Background 3 1.4 Review Criteria 4 2. EVALUATION 5 • 2.1 General 5 2.2 Fire Pump Separation 5 2.3 Detector Spacing 6 2.4 Non-IEEE 383 Cable 7 2.5 Fire Dampers 8 2.6 Emergency Lighting 9 2.7 Appendix A Comparison 10 2.8 Operability Requirements 15 3. CONCLUSIONS 17 4. REFERENCES 18 I FOREWORD This Technical Evaluation Report was prepared by Science Applications International Corporation (SAIC) under a contract with the U.S. Nuclear Regulatory Commission (Office of Nuclear Reactor Regulation) for technical assistance in support of NRC operating reactor licensing actions. The technical evaluation was conducted in accordance with criteria established by the NRC. • • 1. INTRODUCTION 1.1 Purpose of Review This Technical Evaluation Report documents an independent review of the Fire Protection Program Plan for Fort St. Vrain Nuclear Generating Station submitted by Public Service Company of Colorado. This evaluation was performed with the following objectives: 1. Identify differences in the fire protection program from that which has already been approved by the NRC. 2. Where differences exist, evaluate them for adequacy in relation to NRC Staff guidance and requirements. 3. Determine if changes in the approved program affect previous Staff conclusions in the SER. 1.2 Generic Background License conditions for plants licensed prior to January 1, 1979, contain a condition requiring implementation of modifications committed to by the licensee as a result of the review against Appendix A to BTP APCSB 9.5-1 [1]. These license conditions were added by amendments issued between 1977 and February 17, 1981, the effective date of 10 CFR 50.48 and Appendix R [2]. License conditions for plants licensed after January 1, 1979 vary widely in scope and content. Some only list open items that must be resolved by a specific date or event, such as exceeding five percent power or the first refueling outage. Some reference a commitment to meet Appendix R; some reference the FSAR and/or the NRC staff's SER. These variations have created problems for licensees and for the NRC inspectors in identifying the operative and enforceable fire protection requirements at each facility. 1 'V These license conditions also create difficulties because they do not specify when a licensee may make changes to the approved program without requesting a license amendment. If the fire protection program committed to by the licensee is required by a specific license condition or is not part of the FSAR for the facility, the provisions of 10 CFR 50.59 may not be applied to make changes without prior NRC approval . Thus licensees may be required to submit amendment requests even for relatively minor changes to the fire protection program. The aforementioned problems, in general, exist because of the many submittals that constitute the fire protection program for each plant. The Commission believes that the best way to resolve these problems is to incorporate the fire protection program and major commitments, including the fire hazards analysis, by reference into the Final Safety Analysis Report (FSAR) for the facility. In this manner, the fire protection program, including the systems, the administrative and technical controls, the organization, and the other plant features associated with fire protection would be on a consistent status with other plant features described in the FSAR. Also, the provisions of 10 CFR 50.59 would then apply directly for changes the licensee desires to make in the fire protection program that would not adversely affect the ability to achieve and maintain safe shutdown. In this context, the determination of the involvement of an unreviewed safety question defined in 50.59(a)(2) would be made based on the "accident. .. .previously evaluated" being the postulated fire in the fire hazards analysis for the fire area affected by the change. The Commission also believes that a standard license condition, requiring licensees to comply with the provisions of the fire protection program as described in the FSAR, should be used to ensure uniform enforcement of the fire protection requirements. Generic Letter 86-10 states that each licensee should include in the FSAR the fire protection program that has been approved by the NRC, including the fire hazards analysis and major commitments that form the basis for the fire protection program. Upon completion of this effort, the licensee may apply for an amendment to the operating license which references approved submittals and SERs as the basis of the fire protection program and would allow changes to this "approved "program if they do not 2 adversely affect the ability to achieve and maintain safe shutdown in the event of a fire. 1.3 Plant-Specific Background By letter dated December 15, 1987, Public Service of Colorado, the Licensee of Fort St. Vrain Nuclear Generating Station submitted the Fire Protection Program Plan, Revision 0. This submittal presents a compilation of the plant fire protection program, including previous commitments to Appendix A to BTP APCSB 9.5-1 and Appendix R to 10CFR50. An area by area fire hazards analysis is included in addition to a discussion of Appendix R related post-fire-shutdown methodology. The Plan also includes a comparison of the plant fire protection program to the guidelines of Appendix A to BTP APCSB 9.5-1 and a description of plant administrative procedures including ' fire protection operability requirements. The Licensee stated in the transmittal letter that its intent is to request an Amendment to the License per Generic Letter 86-10 upon NRC approval of the submittal . As a result of a preliminary review of the submittal, a site visit was made on April 4-6, 1988 to discuss issues of concern. Following the site visit, an RAI was issued on April 13, 1988 regarding questions not resolved during the plant visit. The Licensee responded to the RAI by letter dated June 13, 1988. By letter dated June 27, 1988 the Licensee submitted plant fire protection operability requirements which comprise Section FP.6.1 of the Program Plan. Subsequent to this response, the Licensee issued Revision 1 to the Fire Protection Program Plan on July 22, 1988. The Licensee then requested a meeting with the NRC on August 31, 1988 to discuss issues that were-still unresolved. As a result of this meeting, the Licensee submitted additional information by letter dated September 20, 1988. This report documents a review of the Fire Protection Program Plan through Revision 1 including information submitted by the Licensee in response to questions generated during the review. This report does not specifically address issues dealing with safe shutdown methodology related to Appendix R compliance since this has been the subject of previous NRC evaluations and site audits. 3 1.4 Review Criteria The criteria used in reviewing the licensee's submittal are based on the following documents: 1. Appendix A to BTP APCSB 9.5-1 2. Appendix R to 10CFR50 3. Generic Letter 86-10, "Implementation of Fire Protection Requirements," dated April 24, 1986. 4. Generic Letter 88-12, "Removal of Fire Protection Requirements From Technical Specifications," dated August 2, 1988. 4 1 2. EVALUATION 2.1 General This section represents review and evaluation of the Fire Protection Program Plan (FPPP) through Revision 1 for Fort St. Vrain Nuclear Generating Station. Issues discussed relate to concerns during the review, questions raised from the site visit and deviations to NRC guidance identified in the Plan, which have not been previously reviewed by the Staff. 2.2 Fire Pump Separation The FPPP provides a fire hazards analyses for the fire pump house and identifies that the diesel and electric pumps are separated by a 3-hr rated wall . Additional discussions are included which establish the use of the fire pumps as part of the Auxiliary Cooling Method (ACM) function. During the 1983 Appendix R audit, a concern was raised regarding the routing of the power feed for the electric fire pump through the area containing the diesel fire pump. During the site visit of April 4-6, 1988 it was demonstrated that a redundant power feed from the ACM diesel had been added, however, it appeared that an electrical control circuit for the electric fire pump still ran through the diesel room. The Licensee was requested to provide information which established the separation, both physical and electrical, of the two fire pumps. -By letter dated June 13, 1988 the Licensee provided a circuit routing diagram for the fire pumps in addition to a discussion of their electrical separation. The Licensee stated that the normal power feed for the electric pump does run through the diesel side; however, the electric pump can still be operated following a fire in the diesel fire pump room using the ACM power feed. Additionally, the Licensee stated that a conduit running from the electric motor through the diesel room, which had raised concerns during the plant visit, is associated with the 120V AC motor heater feed cable. The motor heater is used to keep condensation out of the motor and is not required for pump operation. 5 i Based on this information, the Licensee has adequately demonstrated that separation exists between the diesel and electric pumps to ensure that a fire in one room will not impact the operation of the other pump. This provides reasonable assurance that fire water will be available, both for fire suppression and shutdown/cooldown requirements. 2.3 Detector Spacing Appendix A to BTP APCSB 9.5-1 Section E.1.(a) states "Fire detection systems should, as a minimum, comply with NFPA 72D, Standard for the Installation, Maintenance and Use of Proprietary Protective Signaling Systems. Deviations from the requirements of NFPA 72D should be identified and justified." NFPA 72D references NFPA 72E for installation and spacing of smoke detectors. The Fire Protection Program Plan identifies areas in the plant where smoke detection is provided. For most areas, this detection is identified as area-wide and being made up of ionization and linear beam detectors. The Fire Protection Program Plan states that detectors are installed in accordance with NFPA 72D and 72E. An NRC team inspection, conducted during May 18-20, 1987 expressed concern that certain areas may not have area wide coverage as identified, and also that certain combinations of ionization detectors and beam detectors may not provide adequate coverage. As a result of this concern, the Licensee provided additional detectors in areas identified as having area wide coverage in the fire hazards analysis section of the Fire Protection Program Plan. During the site visit on April 4-6, 1988 the resolution of the detector coverage issue was discussed. After a plant tour, there still remained the concern of adequate spacing in areas where linear beam detectors were installed. Because of this, the Licensee was requested to perform an evaluation which documented that detector coverage was provided in accordance with NFPA 72D and 72E. During a meeting with the Staff on August 31, 1988 the Licensee provided drawings which detailed the fire detector coverage at the plant. 6 As a result of this review, the Licensee acknowledged that additional detectors would be necessary in order to provide area wide coverage as identified in the Fire Protection Program Plan and committed to their installation. Based on the evaluation performed, the Licensee also committed to provide detection in the Fire Water Pump rooms and welding shop. The Licensee had not previously committed to providing detection in these areas, however, they felt that overall fire safety would be enhanced. By letter dated September 20, 1988 the Licensee formally committed to the installation of the additional detectors by start up after the 4th refueling outage. Subsequently, by letter dated January 20, 1989, the licensee committed to install these additional detectors by June 30, 1989. The drawings identifying new detectors were reviewed and were found to demonstrate adequate coverage with the installation of the additional detectors. Based on the Licensee's commitment to install the additional detectors, the detector coverage as identified in the Fire Protection Program Plan is found to be acceptable. 2.4 Non-IEEE 383 Cable Section D.3.(f) of Appendix A to BTP APCSB 9.5-1 states "Electric cable constructions should, as a minimum, pass current IEEE No. 383 flame test. For cable installation in operating plants and plants under construction that do not meet the IEEE 383 flame test requirements, all cables must be covered with an approved flame retardant coating and properly derated." The Fire Protection Program Plan states that cables in the plant have not been subjected to the IEEE 383 flame test requirements; however, cables associated with redundant safety-related equipment in congested cable areas have been coated with Flamemastic 7IA or asbestos cloth. This method of protecting cables in the congested cable areas has been previously reviewed by the NRC and has been accepted in Amendment 14 to the Facility Operating License. However, after the site visit in April of 1988, there remained a concern regarding the combustibility of cables outside the congested cable areas, particularly where high concentrations of cable trays exist. The Licensee was requested to justify the use on non-IEEE 383 cable which was not protected with fire retardant material. 7 By letter dated June 13, 1988 the Licensee stated that during initial plant construction, IEEE 383 had not been issued. Cable at that time was purchased to requirements that mandated compliance with the Underwriter's Laboratory (UL) vertical flame test requirements (VW-1). Much of the cable purchased after 1974 (when IEEE 383 was originally issued) was purchased to the IEEE standard, although the majority of the cable is not IEEE 383 qualified. Based on discussions with the Staff, the Licensee agreed to perform an evaluation of plant cable concentrations outside of the congested cable area to determine if "high" concentrations exist. The Licensee stated in its June 13, 1988 letter that areas where cable loadings exceeded the equivalent of 3-1/2 standard fully loaded trays would be identified. This figure was based on the establishment of 7 cable trays as a concentrated cable area requiring additional protection in current NRC fire protection guidelines, BTP CMEB 9.5-1. The Licensee chose 3-1/2 as 50% of the NRC criteria for purposes of conservatism. The Staff agreed that this approach was conservative and would serve the purpose of identifying if high combustible loadings of non-IEEE 383 cable were present in the plant. It was also felt that the lack of credit for cables that may be rated to IEEE 383, and the fact that the existing cables do meet specific flame spread criteria, provides further conservatism to the Licensee approach. By letter dated September 20, 1988 the Licensee provided a detailed analysis of cable loadings throughout the plant outside of the congested cable area. The Licensee concluded that no areas in the plant exceed the established criteria for excessive loading. Based on this evaluation, there is reasonable assurance that the presence of non-IEEE 383 cable in the plant does not represent a significant hazard and would not warrant additional fire protection measures. Therefore, the presence of cable not meeting the guidelines as identified in Appendix A to BTP APCSB 9.5-1 is acceptable. 2.5 Fire Dampers Section D.1.(j) of Appendix A to BTP APCSB 9.5-1 states in part "...Penetrations for ventilation systems (in rated fire barriers) should be protected by a standard fire door damper where required." Table FP.2.8-1 of the Fire Protection Program Plan identifies rated barriers in the plant and further identifies if fire dampers are present in specific barriers. During the site visit of April 4-6, 1988 there was a concern that some dampers in 8 ill7............IIMMIIIMMIMMIIIMMIMMIMMIIMill the plant may not have been installed in accordance with an approved detail and therefore may not provide the degree of fire protection required. By letter dated June 13, 1988 the Licensee provided design detail information for fire dampers in the plant. The Licensee stated that it was not able to locate adequate design information for dampers located in the Turbine Lube Oil Reservoir Room or the Turbine tube Oil Storage Room. The Licensee committed that it will obtain information on these dampers and assure their proper installation. The information provided was reviewed and found to document installation criteria necessary to provide for a rated fire barrier installation and is therefore acceptable. The NRC will assume that the dampers for which no information was provided by the Licensee will be verified adequate unless notified by the Licensee of a deficiency. 2.6 Emergency Lighting The Fire Protection Plan describes an emergency lighting system which is comprised of a combination of battery-powered lights and lights powered from the ACM diesel. This lighting system designed to meet the requirements of Section 111.J of Appendix R was the subject of an exemption request previously approved by the NRC. However, during the site visit of April 4- 6, 1988 there was a concern that the emergency lighting system may not provide the coverage as described in the Fire Protection Program Plan. The Licensee was requested to provide evidence that the installed emergency lights were adequate. By letter date June 13, 1988 the Licensee stated that a special test would be performed to verify the adequacy of the lights and the NRC notified when a satisfactory test was performed. Subsequent to this letter, the NRC was informed verbally, that a test was performed and the results were unsatisfactory. By letter dated October 28, 1989 the licensee informed the NRC that additional emergency lights would be installed based on the test results and that these lights would be installed by the end of the 4th refueling. Subsequent to the letter the 4th refueling was cancelled and by letter dated Janary 20. 1989 the licensee committed to have all necessary lights installed by June 30, 1989. This schedule has . been reviewed by the staff and found acceptable. 9 2.7 Appendix A Comparison Section FP.5.2 of the Fire Protection Program Plan provides a comparison of the Licensee's fire protection program against the guidelines as presented in BTP APCSB 9.5-1. While many aspects of the Licensee's fire protection program have been reviewed by the Staff against Appendix A criteria, an Appendix A comparison was never specifically evaluated. rn the Program Plan, the Licensee presents a section by section comparison of the station fire protection program including both programmatic requirements and design requirements against those identified in BTP APCSB 9.5-1. After a preliminary review of the comparison, there was a concern that deviations from the NRC guideline may not be specifically addressed and justified by the Licensee. This concern arose since some sections of the comparison stated "this guideline has been met" while other sections stated "the intent of this guideline has been met." This concern was discussed with the Licensee during the site visit on April 4-6, 1988. By letter dated July 22, 1988 the Licensee submitted Revision 1 to the Fire Protection Program Plan. This submittal included a revised Appendix A comparison. Where the Licensee deviates from the guideline, or what could be considered a verbatim interpretation of the guideline, the Licensee now identifies the difference and provides justification. This section was reviewed and evaluated to ensure that deviations were adequately justified if they had not been previously accepted by the NRC. The majority of deviations which could be considered to have a potential impact on plant safety have been previously reviewed by the Staff through the Appendix R exemption process. Some deviations have been identified by the Licensee which. have not been specifically evaluated by the Staff in previous Safety Evaluation Reports. All areas where the Licensee identified a deviation from Staff guidelines were evaluated. Deviations which had not been previously reviewed were found not to have an impact on plant safety and are therefore acceptable. Certain deviations identified in this section of the Program Plan were also the' subject of specific concerns during the course of this review including non-IEEE 383 cable, detector spacing, fire dampers and emergency lights, and have been evaluated in previous sections of this report. A summary of deviations identified in the Program Plan is provided below. 10 Acceptable Deviations from Appendix A to BTP APCSB 9.5-1: Section D.1 Building Design Redundant safety related systems may not be separated. Exemptions to 10CFR50 Appendix R have been reviewed in SER dated May 10, 1988. Section D.1.(d) Interior Construction and Finishes The Licensee has identified certain interior finishes installed in the plant which do not have a flame spread rating of less than 25 as determined by the ASTM E-84 Test. These finishes consisting primarily of floor tile and small amounts of carpeting and paneling are considered to be minimal and would not impact plant safety and are therefore acceptable. Section 0.1.(e) Metal Deck Roof Construction The Licensee has identified minor design differences which would not permit the Reactor and Turbine Building roofs to be classified as Class I by the Factory Mutual System Approval Guide. These differences were reviewed and are not considered to be significant and are therefore acceptable. Section D.1.(h) Outside Transformer Several transformers are within the 50 feet limit as defined in the Guideline. The Licensee has evaluated the transformers in the Fire Hazards Analysis and concluded that present fire protection features including barriers and deluge systems provide adequate protection. These analyses have been reviewed and have been found to provide justification for the location of transformers less than 50 feet from the building. Therefore the current configuration of outside transformers is found to be an acceptable deviation from NRC guidelines. Section D.1.(i) Floor Drains Drains in the Turbine tube Oil Rooms have been plugged to preclude environmental contamination. Plant firefighting procedures identify this situation and are considered adequate to prevent an unacceptable condition resulting from the accumulation of fire suppression water. 11 Section 0.1.(j) Separation of Safe Shutdown Equipment The Licensee has requested exemptions from Appendix R to 10CFR50 for areas which are not provided adequate separation. These exemptions have been reviewed and evaluated an a separate SER. Section D.2 Control of Combustibles The Licensee has identified several pieces of equipment which contain combustible oil and are not provided with fixed suppression per NRC guidelines. These have been identified in the Fire Hazards Analysis and were determined not to decrease the level of fire safety. These analyses were reviewed and it is concluded that the lack of fixed suppression in some areas containing combustible material as identified in the Appendix A Comparison, Revision 1 is acceptable. Section D.2.(b) Bulk Gas Storage Bulk storage tanks, primarily nitrogen, are located inside buildings contrary to NRC Fire Protection Guidelines. These have been reviewed under a number of accident scenarios in various parts of the FSAR and have not been found to present a hazard to plant safety and are therefore acceptable. Section D.2.(d) Storage of Combustible Liquids The Licensee has performed a detailed comparison of plant installations containing combustible liquids, against the guidelines of NFPA 30 "Flammable and Combustible Liquids Code". The Licensee has identified several minor discrepancies including venting configurations and component labeling. These deviations have been reviewed and have been found to be acceptable. Section D.3.(c) Cable Tray Protection The Licensee has identified situations which do not explicitly meet the guidelines particularly concerning the G and J walls. These areas along with the installed suppression have been the concern of previous NRC reviews and have been found acceptable. 12 Section D.3.(f) Electric Cable See Section 2.4 of this report Section D.4.(c) Ventilation Power Supplies The open design of the plant precludes the separation of ventilation system power supplies per NRC Guidelines. The Licensee has demonstrated in their Appendix R analysis that adequate ventilation would be available in the event of a fire. Section D.4.(f) Stairwells The plant design does not include enclosed stairwells as defined in NRC Guidelines. The Licensee has determined that low combustible loadings coupled with multiple exit paths, ensure that personnel egress is adequate and that access to safe shutdown components and for firefighting is maintained. Open stairwells has been considered during previous reviews of plant fire safety and for compliance with Appendix R and has been determined to be an acceptable deviation. Section D.5 Lighting and Communication See Section 2.6 of this report. Section E.2.(c) Pumps See Section 2.2 of this report Section E.2.(g) Yard Hydrant System The Licensee identified that some trailers on site are not provided hydrant and hose house coverage per the guidelines. These trailers are remote from safe shutdown equipment and therefore their lack of protection is acceptable. 13 Section E.3.(c) Water Sprinklers The acceptability of sprinkler configurations for the G and J walls is documented in an SER dated May 10, 1988. Section E.3.(d) Interior Hose Stations The Licensee has identified minor deviations from NFPA 14 "Standards for the Installation of Standpipe and Hose Systems". These deviations have been evaluated and are not considered to impact the level of fire safety and are therefore acceptable. Section E.4 Halon Suppression Systems NRC letter dated October 28, 1977 provides a review and evaluation of the Halon system provided in the Three Room Control Complex. Section F.2 Control Room The Control Room configuration has been reviewed and accepted in SER Amendments 14 and 18. Section F.6 Remote Safety Related Panels The Licensee has stated that area wide detection does not alarm locally per NRC Guidelines. Since the Control Room is continuously manned and area specific annunciation of fire detection is provided to Control Room Operators, this deviation is considered acceptable. Section F.11 Safety Related Pumps Deviations from NRC Guidelines for protection of safety related pumps have been evaluated and found acceptable by the NRC in a SER dated May 11. 1988. 14 Section F.12 New Fuel Areas The New Fuel Storage Building does not contain automatic detection as defined in the guidelines. The lack of combustibles and ignition sources along with the enclosure of new fuel in steel containers provides adequate justification for the lack of detection. Section F.17 Cooling Towers The Main Cooling Tower and Service Water Cooling Tower are constructed of combustible material contrary to NRC Guidelines. The operation of the cooling towers provides wetting of most combustible material during normal plant operation. During plant shutdown a spray system is provided to wet down combustible materials. While this system is primarily intended to prevent shrinkage, it also provides a secondary function of maintaining the combustibles wet and therefore reducing the fire risk. In addition, the plant is capable of safe shutdown given the loss off a cooling tower. Based on this, the use of combustible material in the cooling tower construction is considered to be an acceptable deviation from NRC Guidelines. Based on the review and evaluation of the Appendix A Comparison, the Licensee was found to provide adequate justification for deviations from Appendix A to STP APCSB 9,5-1, and, therefore, the deviations as stated in Revision 1 of the Fire Protection Program Plan are acceptable. 2.8 Operability Requirements Section 6.1 of the Program Plan contains fire protection system operability requirements for the plant. This section is intended to replace current technical specifications upon incorporation of the new license condition as described in Generic letters 86-10 and 88-12. The current plant technical specifications were written and approved by the NRC prior to the establishment of standard technical specifications and are generally less restrictive than requirements currently mandated. The operability requirements included in the Fire Protection Program Plan are modeled after current standard technical specifications and are therefore generally more conservative than the present plant technical specifications for fire 15 1 protection. No cases were identified in which the proposed operability requirements represented a lessening of requirements currently approved for the plant. The Licensee has stated by letter dated March 16, 1989 that they intend to use Fire Protection Operability Requirement 16 (FPOR 16) to insure • operability of their non-Technical Specification. Appendix R "shutdown/cooldown train equipment" during the remainder of plant operation. Although Generic Letter 86-10 and 88-12 did not intend to have shutdown equipment operability requirements outside of Tech Specs, the additions of such requirements as included in FPOR 16, to Plant Tech Specs at this time is not warranted. This is based on the consideration that only non- Technical Specification shutdown/cooldown equipment is presently not included in Plant Tech Specs and that operability requirements for this equipment would be adequately covered by FPOR 16. Therefore, the operability requirements as identified in Section 6.1 of the Program Plan are considered adequate to insure operability of the fire protection and shutdown/cooldown trains and to provide appropriate compensitory measures when necessary. 16 3. CONCLUSIONS Based on the evaluations contained in this report, and with Licensee commitments as identified, the Fire Protection Program Plan, Revision 1 for Fort St. Vrain Nuclear Generating Station has been found to be acceptable. Therefore, the incorporation of the Fire Protection Program into the FSAR, either directly or by reference, would provide a basis for requesting the license condition as described in Generic Letter 86-10. 17 4. REFERENCES 1. Appendix A to BTP APCSB 9.5-1, "Guidelines for Fire Protection for Nuclear Power Plants Docketed Prior to July 1, 1976," August 23, 1976. 2. Appendix R to 10CFR50, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979," November 19, 1980. 3. Generic Letter 86-10, "Implementation of Fire Protection Requirements," April 24, 1986. 4. Generic Letter 88-12, "Removal of Fire Protection Requirements From Technical Specifications," August 2, 1988. II 18 I ' SA1C1 Science Applications International Corpornlon An Emoloyn.Owned Company May 3, 1989 Mr. Harold Polk, Project Officer U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Subject: Contract NRC-03-87-029, Task Order 3, Review and Evaluation of Operating Reactor Fire Protection Programs, Subtask 17, TAC No. 66508 Dear Mr. Polk: Enclosed is our final report number SAIC-88/1822, "Technical Evaluation Report, Independent Review of Fire Protection Program Plan, Public Service Company of Colorado, Fort St. Vrain Nuclear Generating Station,* TAC No. 66508. Submitting this report concludes our obligations under subtask 17 of the subject task order. Sincerely, • Robert T. Liner, Jr. Program Manager Enclosure, as noted Copy to: D. Kubicki - C. McCracken J. Fields 1770 Goodridpe Drive, PO Box 1303, Mahan, Virginia 22102 (7031827-a300 OVA,,a'c owa. Aeuyw.ese,litre.'Codoesto Spar GNen.ISMS {w& a Aron LW nor Owe Pow Afro S..One Se m. i.e ra.o. 1.. STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION - ^• ^^_ DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLWM-FS,SMITH 1580 LOGAN STREET Director:,, DENVER, COLORAOO 802O3 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894.2100 Governor May 17, 1989 Weld County Commissioners P.O. Box 758 Greeley, CO 80632 Gentlemen: It is our pleasure to forward to you the estimated 1988 oil and gas production as well as forecasts of production for your county for the next five years. Every county projection was determined by the area engineer reviewing individual leases or fields, projecting the performance of those fields with consideration of known or planned activity and then summing all projections to obtain the county total. There are over 10,700 wells producing from 977 reservoirs/fields and in order to increase our confidence in the level of this projection each engineer reviewed at least 80% of the production in their respective counties. As a matter of interest we have included graphs showing historical oil and gas production as well as well permits issued. The variation of posted oil prices since 1985 is also of interest and we have included a graph of those figures for your information. Oil prices during 1988 varied from a low of $12.75 per barrel in October 1988 to a high of $16.00 per barrel at the end of the year. Prices as of April 1, 1989 were $21.00 per barrel but they have been hovering between $18.00 and $21.00 since the first of the year. Based on our conservation levy returns, the average statewide price of oil for the 1st quarter of 1988 was $15.41 per barrel, $16.11 for the 2nd quarter, $13.44 for the 3rd quarter and $13.56 for the 4th quarter. Oil prices across the state are fairly uniform generally within $2.00 from one county to another. Gas prices are a different matter. They vary from season to season and from field to field depending on the quality of gas, distance to market and the age and terms of the contract considerations. Based on conservation levy returns the average statewide price of gas for the 1st quarter 1988 was $1.73 per MCF, $1.53 for the 2nd quarter, $1.49 for the third quarter and $1.47 per MCF for the fourth quarter. The average price varies considerably by county. During the 4th quarter 1988 these prices varied from a high of $2.22 per MCF in Kiowa County to a low of $1.10 in Larimer County. These are county average figures. Individual well or field prices vary more dramatically. The average price of gas from the 4th quarter for the two counties with the largest gas sales was $1.62 for La Plata and $1.61 for Weld County. The price of carbon dioxide (CO2) remains relatively stable at $0.38 per MCF. I would like to acknowledge the work of the area engineers Katy Templeton-Buell, Steve Pott, Ed Binkley, Mark Weems and David Shelton for the work on this project. I would also like to acknowledge Bruce Garrett, Supervising Petroleum Engineer for assisting the area engineers on reservoir engineering determinations and for pulling the work together. I have included a short narrative on the production characteristics of your county. If specific field or price information or information posted during the year would assist you in your responsibilities please contact us. Yours very truly, i . Al/L cd ly• v�1Y..�J_ William R. Smith, P.E. Director WRS/clk 6560C Encl. County Summary with Tabulation Oil and Plant Products - bbls Annual Gas Produced - MCF Permits to Drill and Completions Colorado Average Posted Price - Crude Oil Colorado Average Mill Levy - Gas NOTE: Please provide a copy to your County Assessor - 2 - WELD 123 COUNTY weld County production projections for the year of 1988 increased from projections made last year due to the Lilli Field discovery and continued drilling in the Codell-Niobrara play in the Wattenberg Field. Gas production for 1988, based on production from 9 months actual production, is estimated to be 11,200,000 MCF or 14.5% greater than in 1987 while oil production is down 799,000 barrels (11.3%) from 1987. This county has 100 fields and 154 reservoirs of which 39 fields were evaluated on a production decline basis. The remaining fields were not evaluated since they account for only about 1% of total county production. To improve accuracy over last year's projections, more field decline curves were constructed. Analysis of the Wattenberg Codell-Niobrara production, which still accounts for over half of the county oil production, has more effect on future county production than the many smaller fields making up the remaining production. The anticipated decline is 12%. EELS OIL MC? GAS PROD 1988 6,300,000 77,100,000 1989 5,759,000 68,472,000 1990 5,092,000 62,054,000 1991 4,375,000 56,575,000 1992 3,617,000 50,354,000 1993 2,931,000 44,000,000 Prepared 3/89 using data through 9/88 by Stephan Pott. H Oi N a a r a as r C nl w-� I 1O _ m _v . V N b 0 O• O t 0. S..... Q. II a C CO s r x 0 a -4—' c d c ▪ C m a r o n 0 x c il-411 wI I m ea 110 N O CO W `f N O OD %0 `f N O CO 03 h re) If) N N N N N (IBUOgIIW) Figure 1 •+ o 0. C 41•i IV C • ..Vi•COr, c 0 0 O Q y 0/ C b N . y•W +' d 4., cob` I- 4.N CO M ti)X 00.• 0 .+ C y O s - CO C M y 0 U a+ ai c = N y• ¢ r-I z co C• 4 V � n 0 ro a W , 03 0 ~ y IS a CP • ` near N 0c r+ O - - q O, E V O o• 1 - c'~ w o 0y� rl i C u O le O 0 ro O qZ .ro AW V Q ▪ 9 0 la — • 0 y Y O 3 a MO 0 4.I O O0W o• gy�pp0 e • f 115 8 - th .C ro d F c7 2 N 0 O�j 0 Z � y � coo ^+ w fsuOJfl/ V) + .O Q 0 e0 � to M M to a >hG yy 0 W Y 7+1 N ,SONI Figure 2 i +r 7 0 U 0C U . N 0 a 8 SS—a 2 • r A CO cn —� ES CO wx t - f` CO Ci �_�_ h. Z C° MEI r N J CO 0 2 i p p gg �Q Q o pI p p p 8 Cu 8 A 8 8 e 8 8 8 8 e 8 O Figure 3 r b f C O O t o C q<<a* a 1 0 W H 5 r (n 4 r �� ,\\`C««<<«M\RZ NN \\\.\\IK<K«<C<«& N < N aZ N. t ~ N O O C O O O O p O q (SPURsnain> Figure 4 1.....,..44____14.._b__ , (:: , h S v %------: f g D V? o D a. Cn D Q 2 o - - C X o o 0 8 L D - R • N 2 m a- m v zt 22 v. oo/Jd Pnsod re 7gg/t` Figure 5 D Co a m . ! C Fp V) O y dTW Q $— a O U � D p S. 8 N N N N N °� 2 Q ° � N O 5 aaMd POaSOd se 799/i' Figure 6 o + o o t 0 + ❑ L i E _ _ _ ri + o + + C) N J °v c + � Ea o + Z Q z 0 ..cs -O ila O X 4 O _ ❑ . _ . . +' i o 00 + q 0 + 0 + 0 _ t$ - I N N N Cr N @ 2 1 N ~ O p C p ) don/ t Figure 7 MD Co. Comm. WELD .,,..:..v C01% ,11a.,c,4RS 193$ t'„7 30 L1 CLERK COLORADO COURT OF APPEALS • TO THE BOARD No. 89CA547 RODERICK F, ELLIOTT: LORENZO D. PURVIS: CAMILO ARELLANO: Appellants, vs. BOARD OF WELD COUNTY COMMISSIONERS: and SHERIFF ED JORDAN: Appellees. APPEAL FROM THE WELD COUNTY DISTRICT COURT, GREELEY, COLORADO TRIAL JUDGE: HONORABLE JONATHAN B. HAYES PARTY INITIATING APPEAL: RODERICK F. ELLIOTT #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 TRIAL COURT CASE NO. 89CV2 ATTORNEY FOR APPELLEE'S: Mr. Bruce Barker Asst. County Attorney 915 10th Street P.O. Box 946 Greeley, Co. 80632 APPELLANT's APPEARING PRO SE: Roderick F. Elliott #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 Lorenzo D. Purvis #47950 Camillo Arellano P.O. Box 1000 P.O. Box 1000 Crowley, Co. 81034 Crowley, Co. 81034 APPELLANTS ARE APPEALING COURT ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING OF COMPLAINT DATED February 22nd, 1989 (A) APPEALLANTS ARE APPEALING DENYING LEAVE TO PROCEED IN FORMA PAUPERIS DATED APRIL 11 , 1989. (B) APPELLANTS ARE APPEALING DENIAL TO VACATE ORDER DATED FEBRUARY 22nd, 1939. (C) APPELLANTS ARE APPEALING ORDER DENYING MOTION TO AMEND COMPLAINT DATED APRIL 11 , 1989. (D) APPELLANTS ARE APPEALING DENIAL FOR DISQUALIFICATION OF ' JUDGE DATED APRIL 11th, 1989. DISTRICT COURT, WELD COUNTY, COLORADO Case No. 89 CV 2 ORDER TIMOTHY J. RANCID, et al. Plaintiffs vs. BOARD OF WELD COUNTY COMMISSIONERS, et al. Defendants Defendant seeks summary judgment dismissing Plaintiffs' com- plaint for failure to state a claim and, in the alternative, on the grounds that the complaint is moot. None of the Plaintiffs has responded to Defendant' s Motion. Based upon the pleadings and affidavit of Lt. Peggy Johnson, the Court concludes that no genuine issue regarding the facts stated by Lt. Johnson has been raised, and that therefore, Defendant's Motion for Summary Judgment should be granted. Therefore, IT IS ORDERED that the Complaint in this cause be DISMISSED. Done in chambers this 22 day o£ February, 1989. BY THE COURT: etirsk Jonathan W. Hays District Judge • A AM)?cIM PILED !!� DISTRICT COURT DISTRICT COURT, WELD COUNTY, STATE OF COLORADO APR .' ) .89 Case No . 89 CV 2 WELo COVMy cp ORDER RODERICK F . ELLIOTT, et al . , Plaintiffs, v. BOARD OF WELD COUNTY COMMISSIONERS, and SHERIFF ED JORDAN, Defendants. Plaintiffs bring a motion to reconsider this Court' s Order of 2/22/89 dismissing their Complaint. The case file reflects that Defendants moved for Dismissal and Summary Judge- ment on 1/17/39. Plaintiff' s response was untimely filed/and was unsupported by Affidavit, on 2/22/89 , the same date that the Court entered its Order of Dismissal . From that date forward, Plaintiffs have continued to file various Motions to Vacate the Order of Dismissal , for Change of Judge, and to Amend the Complaint . The Court treats the 3/6/89 and 3/17/89 Motions to Vacate the Order o£ Dismissal as motions under C.R.C.P. 59, and concludes that neither has merit, and that the latter was untimely filed. The Court further concludes that the Motions to Disqualify the Court did not comply with C. R.C.P. 97 , and that the remaining motions are untimely. IT IS ORDERED that Plaintiffs ' Motion to Vacate the Dismissal Order of 2/22/89 is DENIED. It is further ordered that the Plaintiffs ' other pending motions be DENIED. Done in chambers this !I day of April , 1989. BY THE COURT: onathan W. trays District Judge /// GENERAL STATEMENT Appellant was incarcerated in the Weld County Jail from a Hold by parole officer from greeley, and is dated was , 1988. Appellant was a resident at the Greeley Restitution Center Facility from an Order of the Weld County District Court. Without Notice or Hearing, Appellant was incarcerated and denied his civil rights of smoking which is a liberty right secured by the Civil Rights Act of 1871 , Title 42 U.S.C. § 1983 THAT the Resolution of the Weld County Commissioners and in- augurated by Appellee Sheriff, is unconstitutional not only as it - deprives Appellants of their civil rights, but is in violation of C.R.C. 25-14-102, Colorado No Smoking Statute, and the Greeley City No Smoking Ordinance. Appellants are still hoping for a reply from the City Clerk of Greeley on Ordinance No. THAT Appellants were not given a Hearing or rights to Discovery or even to respond showing abuse of discretion and violation of the Appellants due process and equal protection clause of the 5th and 14th Amendment of the United States Constitution thereby in- flicting cruel and inhuman punnishment in contravention of the 8th Amendment of the U.S. Constitution and the Bill of Rights of the Colorado State Constitution. THAT Appellants were denied right to Amend Complaint as pres- iding judge was in conflict of interest with Appellants by his having been the sentencing judge and that Appellant Purvis case is on record with the Weld County District Court as of this date. Further, with litigation now filed it is apparent that this fear of conflict certainly can be palced in proper perspective with Opening Brief. -2- The Honorable Jonathan Hayes is a shareholder in the corporation entitled Villia of Greeley Inc. which the Greeley Restitution Center is a DBA with Judge Hayes a Director. THAT Appellants are appealing Courts dismissal wherein equal protection and due process were denied in an a ttempt to frustrate Appellants as was the case of denial of forma pauperis to carry forward to this Court. The issues were not settled as there was no search for the truth, examination of the record depriving Appell- ents of discovery rights for developing the merits of the case and constitutional deprivations, status of Resolution constitutionality with deliberate indifference of Appellants civil rights or protect- ions of the 5th and 14th Amendments of the U.S. Constitution and Sill of Rights of the Colorado State Constitution. THAT Judgment of the Weld County District Court as found Dated April 11 , 1989 is a final Order. Rule 3(E) , Judgment on all Motions was April 11 , 1989. Rule 3(F) , There were no extensions requested or granted. Rule 3(G) , Motion To Vacate Judgment of Dismissal dated Feb. 22, 1989: Motion To Amend Complaint filed with Motion To Vacate on March 2nd, 1989; Motion To Disqualify Judge were filed March 2nd, 1989. Dismissal of all Motions was April 11 , 1989. Rule 3(H) There was no Motion For Rehearing. Rule 3(I) , There was no extensions for filing of Appeal as the Notices with Transfer of Record had been filed with the Clerk of the Weld County District Court on the 18th day of April, 1989. ISSUES TO BE RAISED ON APPEAL ARE: 1 . May a complaint be dismissed in civil rights action with- out due process and equal protection of the alws as found in the 5th and 14th Amendments of the U.S. Constitution, the Bill of Rights of the Colorado State Constitution without a Hearing and opportunity to develop merits of the case through discovery. -3 - 2. May a question of constitutionality of the Weld County Commissioners Resolution passed in or about May 1st, 1988 be dismssed without a Hearing or judgment on the merits of Appellants cause of action? 3. May a Colorado Dept. of Corrections property, the Appellant herein be subjected to treatemnt adverse to standard of living received and customed to at previous incarceration without Notice and due process to offset traumatic change and life styles which creates cruel & inhuman treatemnt in violation of the 14th and 8th Amend- ments of the U.S. Constitution and the Dill of Rights of the Colroado State Constitution? 4. may an Indigent Appellant be denied forma pauperis status when Affidavit has been filed to deny access to the courts for redress of grievances under rights of "fairness" and "sense of justice' is shown on basis of constitutional and civil rights merit as found secured in the Civil Rights Act of 1871 , Title 42 U.S.C. Sec. 1983 and the 1st Amendment of the U.S. Constitution? Rule 3(4) The Court is going to need the No Smoking Ordinaco of the City of Greeley, Colorado. Rule 3( 5) Prcargument conference should be required by filing of Briefs for the necessary requirements established by this Court. Rule 3(6) Counsel for Appellees is found on Cover Page of this Notice of Appeal. Rule 3(7) Apendex is found as Roman Numerals following Cover Page of this Notice of Appeal THEREFORE Appellants herein give Notice of Appeal from the Weld County District Court pursuant to the Cover Page of This Notice of Appeal. Respectfully submitted, Roderick F. Elliott #55505 P.O. Box 1010, Unit 1 Canon City, Co. 81212 .4.109(41.0.aaavt Lorenzo"D. Purvis #47950 Camillo Arellano P.O. Box 1000 P.O. Box 1000 Crowley, Co. 81034 81034 Dated this Jj day of May, 1989 -4- Mmmilmmmmmilt COtO:.Abo COURT or APPEALS • :,0. 89CA547 2OJtn:cx F. 'tLSOTT: LO=NZO D. CASL „1 „U"VZZ: " C,. S A .:LLA`;0 Aopcllantn. vn. 3OARD OF WELD CO3 !TN: CO':,oISSSON 20: and c.7=.:77 ED JO:,DA'?: Ap?ellecs. CERTIFICATE I, :'occrich F. Elliott; Lorenzo D. Purvis; Camillo Arcilano Cid place a copy of this Notice or. Appeal in the United Staten Postal Service, first clans postarte prepaid to: Two (2) copion to t'io Melt County District Court Clerk, Weld County Courthouse, P.O. Sox C, Greeley, Co. 30532: Weld County Commissioners, Cen- tennial Plea, 915 Tenth St. , Creolcy, Co. 80622; Sheriff Ed Jordan, Cr^_elev County jail, P.O. ':ox 759, Greeley, Co. 00632; gr. ''%ruse :Sarkcr, Azn 't. County Attorny, 915 Tenth St. ,P.O. Sox 94G, Greeley 1iC Colorado, 80632 on t'.is cl? Cay of May, 1939. Respectfully submitted, Roderick 2. Elliott ; 55505 P.O. Do;; 1010, Unit 1 Canon City, Co. 81212 Lorenzo . Purvis ;47950 P.O. Sox 1000 Camillo Arollano Crowley, Co. 01024. P.O. 3O:; 1000 Crowley, Co. 01034 -5- HEARING CERTIFICATION DOCKET NO, 89-19 RE: PRELIMINARY HEARING - CASA GRANDE/ENCHANTED HILLS LOCAL IMPROVEMENT DISTRICT NO. 1989-2 A public hearing was conducted on May 24, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Director of Finance and Administration, Don Warden Director of Engineering Department, Drew Scheltinga The following business was transacted: I hereby certify that a public preliminary hearing was conducted to consider creation of Weld County Casa Grande/Enchanted Hills Local Improvement District No. 1989-2. Bruce Barker, Assistant County Attorney, made this matter of record. Drew Scheltinga, Director of the Engineering Department, explained the proposed improvements. He explained that Weld County would do the base preparation, with the cost of the paving to be divided among the property owners on a per parcel basis. He said the proposed district contains 154 parcels, and the estimated cost per parcel is $1,234.00. Mr. Scheltinga said a petition has been received containing signatures of owners of 81 parcels. Mr. Barker explained that this hearing is to determine if the petitions are sufficient for formation of the district, and to ascertain what benefits would be derived by those within the proposed district. Those who came forward to make comments and ask questions were Myron Gruner, Steve Hanson, Gary Harper, Larry Jackson, and Elizabeth Wilson. Commissioner Lacy moved to approve the Resolution declaring the Board's intent to create said district, to make the necessary findings concerning the benefits to those within the district, and to set a hearing to consider creation of the district on July 12, 1989, at 10:00 a.m. Commissioner Johnson seconded the motion which carried unanimously. This Certification was approved on the 31st day of May, 1989. APPROVED: "riat..„4:‘,ISO BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder /13,J[u1 and Clerk to the Boa C.W. Kir y, Chrman Deputy County C erk uel a Jo on, Pro-Tem EXCUSED Gene R. Brantner TAPE #89-22 "stial"r George Kennedy DOCKET #89-19 SD0016 Gor 4,r9 890448 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 31, 1989 TAPE #89-22 6 89-23 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley. Colorado, May 31, 1989. at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Assistant County Attorney, Lee D. Morrison Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 24, 1989, as printed. Commissioner Kennedy seconded the motion, and it carried with Commissioner Brantner abstaining because he was excused from said meeting. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the Certification for the hearing conducted on May 24, 1989: 1) Preliminary Hearing, Casa Grande/Enchanted Hills Local Improvement District. Commissioner Johnson seconded the motion. and it carried with Commissioner Brantner abstaining because he was excused from said hearing. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $ 370,703.42 Social Services 541,681.17 Handwritten warrants: General fund 11,538.00 Payroll 1,133,075.58 Commissioner Johnson moved to approve the warrants as presented by Mr. Warden. Commissioner Lacy seconded the motion which carried unanimously. C 0007 BIDS: PRESENT PUMP - ROAD AND BRIDGE DEPARTMENT: Mr. Warden read the names of the bidders into the record for this self-priming centrifugal pump and said it is to be considered for approval at a later date. APPROVE OXYGEN, ACETYLENE, AND GASES - VARIOUS DEPARTMENTS: Mr. Warden said this bid is for a three-year contract for the Ambulance. Buildings and Grounds. Road and Bridge, Health, and Sheriff Departments. He said United States Welding was the low bidder for all departments except one. He said the savings in that department would be approximately $30.00 over the three-year period. Commissioner Lacy moved to accept the bid from United States Welding for all the above named departments. The motion, which was seconded by Commissioner Kennedy, carried unanimously. APPROVE LAUNDRY BID - VARIOUS DEPARTMENTS: Mr. Warden recommended that the Board accept the low bids submitted for the following departments for a yearly estimated amount as stated: American Linen, for shirts, pants and miscellaneous items in the amount of $3,569.80 - Buildings and Grounds; Misco Textiles, Inc. , for coveralls for $2,833.32 - Road and Bridge; American Linen for safety mats at Johnstown Shop in the amount of $469.30 - Road and Bridge; Misco Textile Rentals for safety mats in the amount of $58.20 - Printing and Supply; Pioneer Cleaners for cleaning, pressing, and minor alterations of uniforms in the amount of 54,742.40 - Sheriff; and Camelot Industrial for cleaning or laundering, and pressing of uniforms and supplies in the amount of $3,226.20 — Ambulance. Commissioner Lacy moved to approve the recommendation in total. Commissioner Kennedy seconded the motion which carried unanimously. APPROVE MID-SIZE COPIER — PRINT SHOP: Mr. Warden requested that this item be deleted from the agenda at this time. Commissioner Lacy moved to delete this from today's agenda. Seconded by Commissioner Kennedy, the motion carried unanimously. BUSINESS: OLD: CONSIDER CONTRACT WITH UPRR CONCERNING INSTALLATION OF AUTOMATIC CROSSING SIGNALS WITH GATES ON WCR 16 AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison, Assistant County Attorney, said this concerns the installation of gates on Weld County Road 16, east of U.S. Highway 85. He said Weld County would be responsible for the installation cost, for which there is a grant, and Union Pacific Railroad would be responsible for maintenance. Commissioner Johnson moved to approve said Contract and authorize the Chairman to sign. Commissioner Lacy seconded the motion, and it carried unanimously. NEW: CONSIDER REVISIONS TO WELD COUNTY DISLOCATED WORKER PROGRAM PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Tedi Guerrero, representing the Human Resources Department, said the revisions concern the extension of the time period for the program. Commissioner Lacy moved to approve said revisions and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. Minutes - May 31, 1989 Page 2 CONSIDER REQUEST FOR PEST INSPECTOR TO ENTER UPON CERTAIN LANDS: Ron Broda, Weld County Pest Inspector, said letters have been sent to the listed individuals concerning noxious weeds on their properties, from which the weeds have not been removed. Mr. Broda said the Board needs to authorize his entry upon those lands for removal of the noxious weeds, with the cost for said removal to be billed to the landowner. Commissioner Lacy moved to approve the request from the Pest Inspector to enter upon certain lands. The motion, which was seconded by Commissioner Kennedy, carried unanimously. Mr. Broda asked if it is necessary that he be present each time he submits a request to enter upon lands. Mr. Morrison gave the opinion that if Mr. Broda submits a letter to the Board. including the information that the necessary notice has been sent to the landowner, the Board can then act upon the written request. CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN S1/2 $30, AND N3/4 $31, T9N, R61W - BERYL WILLITS: A dust blowing complaint was submitted to the Board by Ralph and Carol Ann Cochran concerning property located in the S1/2 of Section 30. and the N3/4 of Section 31, Township 9 North. Range 61 West of the 6th P.M., Weld County, Colorado. Beryl Willits, the property owner, came forward to answer questions of the Board. Responding to a question by Commissioner Lacy, Mr. Willits said he has not received the letter from Ron Miller, Soil Conservationist, with the recommended treatment plan. He was given the opportunity to read the letter at this time. Mr. Willits said he has applied to C.R.P. and would have to follow that treatment plan. Following discussion, Commissioner Lacy made a motion to dismiss this complaint. This motion died for lack of a second. Commissioner Kennedy moved to continue this matter for 90 days. Commissioner Brantner seconded the motion. Mr. Morrison said the statute directs the Board to make a determination whether to issue a Citation. Mr. Morrison said he feels that the Board should act on the complaint. (Tape Change #89-23) Commissioner Kennedy withdrew his motion, and this was agreed to by Commissioner Brantner, the seconder. Commissioner Johnson moved to Find that there is sufficient evidence to issue a Citation, pursuant to the statute; to require that Mr. Willits follow the recommended treatment plan; and that a hearing for review be set for September 11, 1989. Mr. Morrison answered questions of Mr. Willits concerning the Citation. Commissioner Brantner seconded the motion, and it carried with Commissioner Lacy voting nay. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 12 AT WCR 5: Commissioner Lacy explained this matter and moved that the recommendation for installation of "Stop Ahead" and "Stop" signs on Weld County Road 12 at Weld County Road 5 be approved. Seconded by Commissioner Johnson, the motion carried unanimously. PLANNING: CONSIDER PROBABLE CAUSE - TAGGERT; HIGH COUNTRY TURF; AND O.F.T. , INC: Lanell Curry, representing the Department of Planning Services, made this matter of record. She said the Planning staff believes that the owner/operator of USR #498 is not in compliance with Development Standards 1 and 5 and recommends that a Show Cause Hearing be scheduled to consider the revocation of said USR. Harold Taggert, representing High Country Turf, came forward to answer questions of the Board. Mr. Taggert said there was a meeting with the Planning staff, and it was believed that the matter was resolved. He said the intent is to file for the necessary documents. After a short discussion, Commissioner Lacy moved to set this matter for a Show Cause Hearing on June 28, at 10:00 A.M. The motion, which was seconded by Commissioner Brantner, carried unanimously. Minutes — May 31, 1989 Page 3 CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - GREENWALD; HEIDEL; HOLMES; AND GONZALES: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Ruth Greenwald; Dorothy Heidel; Frances Holmes; Ruben & Margie Gonzales; and Jose Gonzales. Seconded by Commissioner Kennedy, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk i to the Board. There being no further business, this meeting was adjourned at 9:50 A.M. j APPROVED: ATTEST: /7 ( l� BOARD OF COUNTY COMMISSIONERS u WELD COUNTY, COLORADO Weld County Clerk and Recorder /�1lJ and Clerk to the Boa C.W. Kirby, Chai \.„..„..„. i d--4.,,L4,2 1Deputy County'c��]]]erk ..tC e Johr off. Pro-Tem i - rn Gene R. Bra George Kennedy EXCUSED DATE OF APPROVAL Gordon E. Lacy Minutes - May 31, 1989 Page 4 -SI Hello