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Home My WebLink About871829.tifffor month of June , 19 87 . The following documents are being re -filmed: DOCUMENT DESCRIPTION DAY FILE Peso re: Cooperation Agreement with Greeley Urban Renewal 6/3 Reso re: Appointment to Building Trades Advisory Board 6/15 Lease agreement between Migran head Starr_ & Our Lady of Peace 6/15 Peso re: Agreement with Monfort of Colorado for sale and 6/17 purchase of real estate t JOINT RESOLUTION RE: COOPERATION AGREEMENT - GREELEY URBAN RENEWAL AUTHORITY WHEREAS, the Board of County Commissioners o£ field 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 is responsible for determining the budget for weld County and setting the mill levy for Weld County, and WHEREAS, the County Assessor is responsible for calculating a valuation for assessment for taxable properties within the Urban Renewal arca, and WHEREAS, the County Treasurer is responsible for the collection and distribution of property taxes generated by property within the Greeley Urban Renewal area, and WHEREAS, there has been formed, pursuant to Colorado Urbar. Renewal law, the Greeley Urban Renewal Authority which has formulated an Urban Renewal Plan for the Greeley Downtown Urbar. Renewal Project which provides for the division of property taxes with respect to the Downtown Greeley Urban Renewal Project are& pursuant to Section 31-25-107(9), CRS, as amended, and WHEREAS, the Board, the Treasurer, and the Assessor have been presented with an Agreement which essentially states that all parties to the Agreement are to follow Colorado Urban Renewal law with respect to the division of property taxes generated within the Downtown Greeley Urban Renewal Project area, and WHEREAS, it appears that minor modifications may result_ during the review of the proposed Agreement by all the parties., IT IS HEREBY RESOLVED by the Board of County Commissioners, the Treasurer, and the Assessor that the Cooperation Agreement, dated as of May 15, 1987, by and among the Greeley Urban Renewal' Authority, Weld County, through the Board of County Commissioners, the Assessor, and the Treasurer, the Greeley General Improvement. District No. 1, and Weld County School District No. 6, is hereby: approved in substantially the form as presented. F/17Oa5 870427. PAGE 2 RE: COOPERATION AGREEMENT - GREELEY URBAN RENEWAL AUTHORITY BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to sign on behalf of the Board of County Commissioners the submitted Cooperation Agreement or one in substantially the same form as that submitted. The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on. the 3rd day of June, A.D., 1987. ATTEST:, n Weld County Clerk and Recorder and Clerk, to the Board ounty Attorney Francis M. Loustalet Weld County Treasurer 5<, 0�!) Ri and W. Keirne Wel County Assessor BOARD OF COUNTY COMMISSIONERS WELD CO,COLOADO Gene R. Brantner 870427 COLORADO MEMORMIDUM To $onrd of flaunty ComminninenTa Date From Donald ➢ Warden May 29, 1987 Subject .naperetinn Agreement - CLrgp,�gy Urban Renewal Authority Lee Morrison asked me to give you my comments on the Joint Resolution RE: Cooperation Agreement - Gteeley Urban Renewal Authority, since I will not be here Monday, June 1, 1987. I concur with Lee that this is the best way to satisfy Greeley's concerns. It basically says we will follow thrlaw in the division of property tax with respect to the Downtown Urban Renewal Project area as it relates to redevelopment district tax increment financing. I 1 D. Warden 8'7042'7 5/28/87 COOPERATION AGREEMENT This Cooperation Agreement ("Agreement") dated as of May 15, 1987, is entered into by and among the Greeley Urban Renewal Authority (the "Authority"), Weld County (the "County"), the City of Greeley (the "City"), the Greeley General Improvement District No. 1 (the "D.istrict"),:and Veld County:School District No. 6 (the "School District"), all in the State of Colorado, herein collectively referred to as the Parties. 1. This Agreement is entered into pursuant to the Colorado Urban Renewal Law, part 1 of article 25 of title 31, C.R.S., as amended (the "Act"), and also pursuant to part 2 of article 1 of title 29, C.R.S., as amended. pursuant approved 2. The Parties understand and acknowledge that, to the Act, the Authority and the City have adopted and the Urban Renewal Plan for the Greeley Downtown Urban Renewal Project (the "Plan"), which provides for the division of property taxes with respect to the Downtown Greeley Urban Renewal Project Area (as described and defined in the Plan; herein the "Urban Renewal Area") pursuant to Section 31-25-107(9), C.R.S., as amended., The Parties further said Section 31-25-107(9), C.R.S. that the portion of the property levy at the rate fixed each year understand and acknowledge that as amended, generally provides taxes which are produced by the by or for each public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior- to the effective date of the approval of the Plan, subject to certain adjustments as provided in the Act (the "Base valuation") will be paid to the normal taxing bodies. That portion of said property taxes in excess of� such amount is to be paid to or for the account of the Authority and applied for the purpose of paying bonds or other obligations of the Authority or for other purposes authorized by the Act. 870427 3. The Parties understand and acknowledge that, pursuant to the Act, the Authority intends to issue property tax increment bonds or other similar obligations (the "Bonds") for the purpose of paying certain outstanding bond anticipation rotes of the Authority and possibly paying or reimbursing the City for costs of certain public improvements, funding a reserve fund for the Bonds, and paying other incidental and issuance costs. 4. The Parties understand and acknowledge that on September 11, 1986, the County Assessor of the County has cert�-fied that the Base Valuation (with certain adjustments) is $7,044,350, and that the 1986 assessed valuation of the Urban Renewal Area is $7,044,350, thereby producing an increment of $0 for the year 1986. The undersigned County Assessor hereby specifically confirms the foregoing certifications. 5. The Parties hereby agree that it is in the best interests of all of the Parties, -their citizens, inhabitants, and taxpayers, that there be certainty and predictability in the implementation of the Plan and in the financing transactions of the Authority; and in mutual consideration thereof each of the Parties hereby accepts and consents to the certifications of the County Assessor set forth in Section 4 above, and agrees that it will not contest or object to the 1986 Base Valuation, the 1986 assessed valuation, or the 1986 increment as set forth in Section 4 above, nor to the certifications of the County Assessor therein referred to. 6. The Parties further understand and acknowledge that: (a) The Base Valuation will be subject to modification upon the identification of any omitted or erroneously included property, to the extent permitted by and in accordance with 4,0 -z- 87©427 applicable provisions of the Act and other applicable provisions of Colorado law. (b) In the event of a general reassessment of property within the Urban Renewal Area, the respective portions of the valuation for assessment allocated to the Base Valuation and to the increment will be adjusted in accordance with applicable provisions of the Act and other applicable provisions of Colorado law. This Agreement does not restrict any rights the Parties may have to contest or object to the specific manner or outcome of modifications or adjustments described in (a) and (b) above. Other than as provided in (a) and (b) above, the Parties do not anticipate any modification of the Base Valuation as set forth in Section 4 hereof. 7. The undersigned County Assessor hereby agrees that the office of the ,County Assessor will provisions of the Act and other applicable law with respect to the assessment and adhere to applicable provisions of Colorado valuation of taxable property within the Urban Renewal Area, and will cooperate, within the -scope of applicable provisions of the Act and other applicable provisions of Colorado law, with the Authority and its officers, with other officers of the County, and with the trustee for the Bonds in the implementation of the tax increment financing provisions of the Plan and applicable tax increment financing provisions of the Act. 8. The undersigned County Treasurer hereby agrees that the office of the County Treasurer will adhere to applicable' provisions of the Act and other applicable provisions of Colorado law with respect to the collection of property taxes within the Urban Renewal Area, and will pursue all procedures and remedies legally available in order to collect property taxes derived from -3- 8°70427 the Urban Renewal Area. All taxes collected within the Urban Renewal Area which the Authority is entitled to receive pursuant to applicable provisions of the Act and the Plan shall be distributed to the trustee for the Bonds, for the account of the Authority (or, if the Bonds have not been issued, or if there is no trustee for the Bonds, to the Authority), on the tenth day of each month for all taxes and -penalty interest collected during the immediately preceding month. Concurrently with each such distribution, the office of the County Treasurer will submit to the Authority a statement showing the amount of all taxes collected during such period. The undersigned County Treasurer and his office will cooperate, within the scope of applicable provisions of the Act and other applicable provisions of Colorado law, with the Authority and its officers, with other officers of the County, and with the trustee for the Bonds in the implementation of the tax increment financing provisions of the Plan and applicable provisions of the Act. 9. The Parties understand and acknowledge that the Authority will rely on this Agreement in issuing the Bonds, and that the owners of the Bonds will rely on this Agreement in purchasing the Bonds. 10. This Agreement shall be effective as of May 15, 1987 and shall continue in effect until December 31, 2007 (i.e., the end of the fiscal year following the termination of the tax increment financing provisions of the Plan pursuant to Section 31-25-107(9), C.R.S., as amended). 11. Each of the Parties represents and warrants that the execution and delivery of this Agreement by the undersigneds officers has been duly authorized by its governing body. -4- 870427 12. This Agreement may be executed in several counterparts, each of which s_:all be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have set their hands .and seals as .of May 15, 1987._ (SEAL) GREELEY URBAN RENEWAL AUTHORITY Attest: Secretary of the Board of Chairman of the Board of Commissioners Commissioners (SEAL) WELD COUNTY, COLORADO Attest: "County Clerkm t,��<- c� Deputy County Clerk Chabf the d of County Commissiers i /- //� z hex-, ft l�� r County Assessor County Treasurer -5- 870427 (SEAL) CITY OF GREELEY, COLORADO Attest: City Clerk Mayor Reviewed -as to _form: City Attorney Approved as to substance: City Manager (SEAL) GREELEY GENERAL IMPROVEMENT DISTRICT NO. I Attest: Secretary President (SEAL) WELD COUNTY SCHOOL DISTRICT NO. 6 Attest: Secretary President 8i0427 -6- RESOLUTION RE: APPROVE APPOINTMENT OF KEVIN SHIRONKA TO BUILDING TRADES ADVISORY COMMITTEE 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 vacancy currently exists on the Building Trades Advisory Committee, and WHEREAS, it has been recommended that Kevin Shironka, representing Small Independent Contractors, be appointed to said Committee, with his term to expire April 10, 1990, and WHEREAS, the Board desires to appoint Kevin Shironka to the Building Trades Advisory Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Kevin Shironka, representing Small Independent Contractors, be, and hereby is, appointed to the Building Trades Advisory Committee, with his term to expire April 10, 1990. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987. ATTEST: /l Weld County Clerk and Recorder and Clerk to the Board ��.�eputy County lerk APPROVED A TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COU +� x,0 r0 C.w afit Gene R. Branner Frank Yamaguchi 870459 OATH OF OFFICE STATE OF COLORADO ) ) Ss. COUNTY OF WELD ) I, KEVIN SHIRONKA do solemnly swear, by the everliving God, that I will support the Constitution of the United States and of the State of Colorado and the weld County Home Rule Charter, and faithfully perform the duties as a member of the BUILDING TRADES ADVISORY COMMITTEE upon which I am about to enter. Term to Expire: APRIL 10, 1990 Subscribed and sworn to before me this 5.1 -6 -day of QG7c;boRe , A.D., 19 f51 _ C h,,� Notary Public SEAL: My ComMission expires: 5 /27 /el ** Please sign and have notarized, then return original to Clerk to the Board's Office. The yellow sheet is for your records. latt PL0065 DAY FILE: 06/15/87 COLORADO Gordon E. Lacy, Chairman To Weld County Board of Commissioners,. June 12, 1987 From Wt:ter J. Speckman, Executive Director, Human P.esources ib b suty „ Lease Agreement Between Weld County Migrant Head Start and Lady of Peace Church Enclosed for board approval is a lease agreement between the Weld County Migrant Head Start Program and the Lady of Peace Church. The church will be providing classroom space to the Migrant Head Start Program during the period June 8, 1987 through September 8, 1987. The Migrant head Start Program will reimburse the church $400.00 per month for rent. In addition, the Migrant Head Start Program will reimburse the church $185.00 per month for storage costs incurred by the church for the period June 15, 1987 through July 31, 1987. If you have any questions, please feel free to telephone me at 353-0540, extension 2360. 870470 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 8th day of June, 1987, by and between the Lady of Peace Church, hereinafter referred to as the "Lessor", and the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, the Lessor owns the building known as Our Lady of Peace Church located at the corner of 3rd Street and 13th Avenue in Greeley, Colorado, and, WHEREAS, the Lessor desires to lease a certain portion (3 classrooms) of said building, and WHEREAS, the Lessee desires to lease the aforementioned building for use in the Migrant Head Start Program NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties, hereto agree as follows: 1. The Lessee shall have access to the area described above and agreed to by the Lessor, between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday. 2. Rent for said building shall be in the amount of $400.00 per month, due the 1st of every month. 3. The Lessee agrees to pay the Lessor $185.00 per month storage costs incurred by the Lessor for the period of June 15, 1987 through July 31, 1987. 4. The Lessee agrees to provide for the cost of installation and payment of all telephone costs and services. 5. The Lessor shall provide for all trash removal service. 6. Lessee agrees to keep said building in as good repair as it was found when Lessee occupied the building. The Lessee agrees to pay for all damage caused by the Lessee not considered to be ordinary wear and tear. 7. The Lessee shall be responsible for the maintenance of the building. The Lessor shall be responsible for all repairs necessary to the exterior of the building and any repairs to sewers, heating units, appliances, wiring, plumbing facilities, doors, windows, door locks, etc., unless caused by negligence on the part of the Lessee. 8. The term of the Agreement shall be from June 8, 1987, through September 8, 1987, except as otherwise noted in Item 3. 8'7O4'70 9. The Lessee agrees to maintain liability insurance. 10. This agreement may be amended or terminated upon thirty (30) days written notice to either party. This agreement will be terminated immediately upon the loss of funding to the Program. IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. LESSEE: LESSOR: WELD COUNTY COMMISSIONERS WELD COUNTY DIVISION OF HUMAN RESOURCES ecmen, xecu E I 87 1ve Director LADY OF PEACE CHURCH cST ATTEST: Weld Count Clerk and Recorder, •n'n",—di1C rk h sa l 7, By. O epuy -ecuX/ Clerk 0 8?04"70 RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND MONFORT OF COLORADO, INC. FOR SALE AND PURCHASE OF REAL ESTATE, INCLUDING LAND AND ALL IMPROVEMENTS, 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, the Board has been presented with an Agreement between Weld County, and Monfort of Colorado, Inc. for the sale and purchase of real estate, including land and all improvements, and WHEREAS, said Agreement concerns property described as: The Northeast One -Quarter (NE a) of Section 31, and the East 2112.00 feet of the North One -Half (N1) of the North One -Half (N1/2) of the Northwest One -Quarter (NW?;) of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the conditions and terms are as stated in said Agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the sale and purchase of the aforementioned real estate, including land and all improvements, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. B 1160 REC 02104004 06/18/87 11:54 50.00 26/027 F 1427 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Pr? o �� 7" ///1r. �l - TO f= 870479 Page 2 RE: AGREEMENT WITH MONFORT OF COLORADO, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld Count and Clerkito De v APPROVED AS 1071-44: C d. Recorder rd 1 a iceeese--s- ounty At orney EXCUSED DATE or SIGNING - AYE Frank. Yamaguchi B 1160 REC 02104004 06/18/87 11:54 X0.00 27/027 F 1428 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870479 AR21Dgflpg AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 15th day of June , 1987, between WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, hereinafter "Purchaser," and MONFORT OP COLORADO, INC., a Colorado corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, hereinafter "Seller." WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368,750.00), and other good and valuable consideration, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from Seller the following described real property: The Northeast One -Quarter (NEa) of Section 31, and the East 2112.00 feet of the North One -Half (Nk) of the North One -Half (N1) of the Northwest One -Quarter (NW;) of Section 31, Township 6 North, Range 65 West of the 6th P.M., weld County, Colorado, which is denoted as "Parcels 1 through 5" on the Land Area Sketch which is attached hereto and is referred to herein as Exhibit "A," including any and all improvements located thereon. The agreement of sale and purchase of Parcels 1 through 5 is subject to the following conditions: 1. Seller shall furnish to Purchaser a Warranty Deed covering the surface rights for Parcels 1 through 5, gravel and all other mineral deposits lying thereunder, but excluding oil and gas. Title insurance will be provided by Seller. 2. Title for Parcels 1 through 5 shall be merchantable in Seller, except as stated in this paragraph and in paragraph 5. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a goca and sufficient general Warranty Deed for Parcels 1 through 5 to Purchaser on a date certain set by Purchaser, conveying said property free and clear of all taxes, except general taxes for 1987, payable January 1, 1988, and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the recorded and/or apparent easements; subject to all applicable building and zoning regulations; and including gravel and all other mineral deposits, but reserving to the Seller all oil and gas. B 1160 REC 02104004 06/18/87 11:54 X0.00 1/027 F 1402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 1 of 5 Pages 870479 3. General taxes for -the year 1987 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. • 4. The date of closing shall be the date o£ delivery of deed as provided in paragraph 2. The hour and place of closing shall be designated by Purchaser. Purchaser shall pay the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368,750.00) to Seller at the time of the delivery of the warranty deed and quit claim deed. 5. Except as stated in paragraphs 2 and 6 and this paragraph, if title for Parcels 1 through 5 is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before the date of closing, Seller shall use reasonable efforts to correct said defect(s) prior to the date of closing. If Seller is unable to correct said defect(s) on or before the date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before the date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect(s). Except as stated in paragraph 6, if title for Parcels 1 through 5 is not rendered merchantable as provided in this paragraph 5, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect(s), Seller may, within said thirty (30) days, obtain a commitment for a title insurance policy in the amount of the purchase price and the Purchaser shall have the option of accepting tae then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such title insurance policy. 6. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source; provided, however, at the option of either party, if the total indebtedness secured by the liens on the property exceeds the purchase price, this contract shall be void and of no effect, and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 7. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored, or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies_ B 1160 REC 02104004 06/18/87 11:54 $0.00 .2/027 F 1403 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 of 5 Pages 870479 (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 8. Possession of Parcels 1 through 5 shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except the Agricultural Lease dated January 1, 1987, between Seller and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., a copy o£ which is attached hereto and is referred to herein as Exhibit "B;" except the Agricultural Lease dated January 1, 1987, between Seller and Ferman Rodriguez, a copy of which is attached hereto and is referred to herein as Exhibit "C;" and except the Oil and Gas Lease dated April 18, 1979, between Seller and the Colton Company, a copy of which is attached hereto and is referred to herein as Exhibit "D." 9. The Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or written agreement to which Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 10. In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Deed, Purchaser may elect to B 1160 REC 02104004 06/18/87 11:54 X0.00 3/027 F 1404 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 5 Pages 8704'79 terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11. Purchaser agrees to allow Seller and/or Seller's lessees access to Parcels 1 through 5, to and including December 31, '_987, for the purpose of completing any and all tasks necessary for the growing and harvesting of crops planted by Seller anal/or Seller's tenants on said Parcels as of the date of this Agreement, pursuant to the Agricultural Leases which are attached hereto and are referred to herein as Exhibits "B" and "C." 12. Purchaser agrees to allow Seller and/or Seller's lessee's access to Parcels 1 through 5 for the purpose of extracting oil and gas, pursuant to the Oil and Gas Lease which is attached hereto and is referred to herein as Exhibit "D," and pursuant to any and all future oil and gas leases. Seller promises to require lessees of all future oil and gas leases with Seller to execute surface use agreements with Purchaser prior to entering the Parcels 1 through 5. 13. All of the conditions s.1-ated herein shall be in full force and effect, not withstanding the conveyance of Parcels 1 through 5 by Warranty Deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 14. Purchaser hereby grants to Seller an easement for the purpose of depositing tail -water onto Parcel 5, but this grant shall in no way obligate Purchaser to keep the detention pond which is located on Parcel 5. WITNESSETH: That in further consideration of the payment stated above, Seller shall provide to Purchaser a Quit Claim Deed for the following: The West 528 feet of the North One -Half (N1) of the North One -Half (N1) of the Northwest One -Quarter (NWT) of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, which is denoted as "Parcel 6" on Exhibit "A;" any and all rights Seller may own in the tail -water that flows onto any or all of Parcels 1 through 5; and any and all easements which benefit Parcels 1 through 5 and direct the flow of said tail -water across properties lying to the south of Weld County Road 64. Seller shall deliver said Quit Claim Deed to Purchaser on the date of closing as provided in paragraph 4 above. Said Quit Claim Deed shall include the surface rights of said property, gravel, and other mineral deposits lying thereunder, but shall exclude oil and gas. B 1160 REC 02104004 06/18/87 11:54 60.00 4/027 F 1405 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 4 of 5 Pages 8704'79 names this 15thday of June ATTEST: Weld County Clerk and Recorder Clerk to the Bo 0 puty County Cl k IN WITNESS HEREOF, the parties hereto have subscribed their , 1987. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: C'h`dtr"cZfan flo3"irchaser (The following section to be completed by Seller) Signed this /S"� day of nM� i , 1987. MONFORT OF COLORADO, INC., Seller By: Title: ,/)5is VP J SU .IBED AND SWORN to before me this 15� +3� o't �< �r✓n..C/ , 1987. 7n MESS m hand and WI y official seal. rid�. Notary Public My commission expires: My Commission. Expires Aug. 8, 1988 T vti := B 1160 REC 02104004 06/18/87 11:54 X0.00 5;027 F 1406 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r Page 5 of 5 Pages 13704'79 LAND AREA SKETCH Scale: 1" = 1,000' WELD COUNTY ROAD #64 ("O" Street) PARCEL #6 8 Ac.t(2 (5650) +1 c 5,280'1 f; is PARCEL #S Resident! 1 (4690) .__,�� PARCEL #1 / hater Detentiol'Pold 1 .27 r1C_±'" 1(4670) 1 :ruck iieSh 2, 640' DnN BY: Michael C. Marion, MAI 4/87 +I 0 Cm Cm Ditch PARCEL #2 103 AC.+ : Irritated 'a._lan_ _.--i ?onci �U 1 1 Irrigated i Farmland oil/gas well PARCEL #3 26 Ace+ Mumper Corner (4700) ".. L-- Pasture & +� �� nastela.^.d (ti56D) o `a N PARCEL #4 4 Ac.i 2,640'± (+65o) IIth AVENUE (') Denotes approx. Elevation atove sea level B 1160 REC 02104004 06/18/87 11:54 X0.00 6/027 F 1407 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" 870479 AGRICULTURAL LEASE This Agricultural Lease (hereinafter referred to as the "Lease"), made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT"), and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., 28607 Weld County Road #50, Kersey, Colorado, 80644, (hereinafter referred to as "LESSEE"). WITNESSETH, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term commencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable. MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Lease and its terms shall bind and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto. (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the prior written consent of MONFORT. All coal, oil, gas, minerals :nd mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT'S control. (b) LESSEE shall devote the necessary time and best efforts to the farming and operation of the Premises in a timely, thorough and workman -like manner. (c) LESSEE shall follow crop and tillage practices generally recognized as best in the locality of the Premises. B 1160 REC 02104004 06/18/87 11:54 S0.00 7/027 F 1408 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 EXHIBIT "B" 870479 (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil -washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition of improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first-class seed for specified crops (unless otherwise agreed in writing), and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing), in a manner consistent with accepted practices of the local farming industry. (g) LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay to MONFORT 257 of any electrical pumping charges as incurred (unless otherwise agreed to in writing). (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to do his proportionate part of cooperative cleaning and maintenance of ditches and laterals used jointly with others. (i) LESSEE shall be responsible to obtain proper certification/licenses before using pesticides, herbicides or other chemicals subject to such restrictions. B 1160 REC 02104004 06/18/87 11:54 X0.00 8/027 F 1409 MARY ANN FEUERSTE2N CLERK & RECORDER WELD CO, CO 2 870479 (j) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f). (k) LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures. (3) MONFORT agrees to perform and observe the following stipulations: (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b) MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT). (c) MONFORT shall pay fifty percent (50%) of the cost of fuels and one hundred percent (1002) of the cost of chemicals applied, if necessary, for weed control along highways, roadways, ditches, and fences bordering the Premises. (4) The division of specific crops between MONFORT and LESSEE will be as noted in the following table. Special provisoes also shall be noted. CROPS EST. ACRES MONFORT/LESSEE NOTES 3 CNlONS 65.0 �{ 4 c z BEANS b1.0 3 3 B 1160 REC 02104004 06/18/87 11:54 X0.00 9/027 F 1410 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3 870479 CORM (.Stf£(! ¢D) Zto . 0 �{D % (00 % PtaCA provedGS i-tcskla viA% op e.." -d RC2 (4.0 40,6 (00% (Addendum to this list may be attached). NONFORTs MONFORT reserves the discretionary right specify the manner in Share �( v� iri-aYall crops grown by LESS££ are to be :.erevesee4-emei-marketed- M0NF0RT reserves all rights to all crop --products including (but not limited to) beet tops, straw, eEer-$aetage, and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing of crops grown on the Premises, then in that event only, LESSEE shall sell the crops at the best market price, and a joint check payable to MONFORT and LESSEE shall be taken from the Purchaser thereof- Crop harvesting and delivery to market shall be the responsibility of LESSEE. (5) MONFORT and LESSEE agree further with respect to the operation of the Premises pursuant to this Lease: (a) On or before the fifteenth day of June, LESSEE shall submit to MONFORT, for MONFORT'S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate the Premises in compliance therewith. Upon LESSEE'S failure so to do, LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which MONFORT may suffer by reason of such failure. B 1160 REC 02104004 06/18/87 11:54 ,0.00 10/027 F 1411 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 8'704'79 LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each of the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial' incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re -occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration of its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, tnd his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein established_ (c) LESSEE agrees peaceably to deliver up possession of the property at the end of the term or upon sooner termination by Monfort for the breach or nonperformance of any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder. MONFORT shall not be liable for, and LESSEE hereby waives, renounces, and releases all claims, demands, and causes of action for damages to person or property of every kind and character, sustained or suffered B 1160 REC 02104004 06/18/87 11:54 X0,00 11/027 F 1412 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5 870479 by LESSEE or those claiming by or through him, and LESSEE shall protect, indemnify and save harmless MONFORT of and from all claims, loss, and damage (including attorney's fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) LESSEE shall not assign this Lease without the prior written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event, LESSEE shall not remove any of the commodities raised on the Premmises, nor sell the same or any part thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or claimed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to remove the same and sell the same or any part thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the commodities shall not be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided herein. (9) LESSEE agrees that MONFORT'S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the Premises to inspect the crops and to protect itself against loss occasioned by any negligence of the LESSEE and to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries shall be without opposition or interference from LESSEE. (11) Failure of MONFORT to insist upon the performance of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving any other covenants, conditions, rights or privi— leges. B 1160 RFC 02104004 06/18/87 11=54 X0.00 12/027 F 1413 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6 8'70479 (12) Additional agreements: (describe herein any buildings or improvements specifically leased to LESSEE). (13) The obligations of the LESSEE hereunder shall be joint and several_ IN WITNESS HERETO, the said parties have hereunto subscribed. their names, and signed a duplicate, the day, month and year first above written. &//f MONFORT OF COLORADO, INC. B 1160 REC 02104004 06/16/S7 11:54 60.00 13/027 F 1414 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 7 870479 ADDENDUM This Addendum is entered into of even date with that certain AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc., (Lessor therein) and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., 28607 Weld County Road 1150, Kersey, Colorado, 80644, (Lessee therein), which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terms and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained in said Agricultural Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidence its interest in and to its share of the crops produced by the Lessee in accordance with the terms of the said Lease. ?-e4-2-e LESSEE DATED UITNESS B 1160 REC 02104004 06/18/87 11:54 X0.00 14/027 F 1415 MARX ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 8'704'79 EXHIBIT A to AGRICULTURAL LEASE Land Description with respect to Agricultural Lease between Monfort of Colorado, Inc. ("Lessor") and Paul Hoshiko ("Lessee") Common Name of Farm(s) Peterson Adams Hood Parcel # 15 3 4 Description 25 Acres E1 SE1 of Sec. 30, 'VP. 6N, R65W VI NEIL of Sec. 30, & Parcel in NWT SWIt of Sec. 29, all in TWP. 6N R65W Approximately 166 crop acres. Inventory of Gaited Pipe 17 pieces 10" gaitepipd ' Iong r r B 1160 REC 02104004 06/18/87 11:54 50.00 15/027 F 1416 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO ?0479 AGRICULTURAL LEASE This Agricultural Lease (hereinafter referred to as the "Lease"), made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT"), and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (hereinafter referred to as "LESSEE"). WITNESSETH, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term commencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable. MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Lease and its terms shall bind and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto. (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the prior written consent of MONFORT• All coal, oil, gas, minerals and mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT`S control• (b) LESSEE shall devote the necessary time and best efforts to the farming and operation of the Premises in a timely, thorough and workman -like manner. (c) LESSEE shall follow crop and tillage practices generally recognized as best in the locality of the Premises. B 1160 REC 02104004 06/18/87 11:54 X0.00 16/027 F 1417 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 EXHIBIT "C" 8'704'79 (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil -washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition of improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first—class seed for specified crops (unless otherwise agreed in writing), and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing), in a manner consistent with accepted practices of the local farming industry. (g) LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay to MONFORT 257 of any electrical pumping charges as incurred (unless otherwise agreed to in writing). (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to do his proportionate part of cooperative cleaning and maintenance of ditches and laterals used jointly with others. (i) LESSEE shall be responsible to obtain proper certification/licenses before using pesticides, herbicides or other chemicals subject to such restrictions. B 1160 REC 02104004 06/18/87 11:54 '0.00 17/027 F 1418 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2 8704'79 (1) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f). (k) LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures. (3) MONFORT agrees to perform and observe the following stipulations: (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b)MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT). (c) MONFORT shall pay fifty percent (SO%) of the cost of fuels and one hundred percent (1002) of the cost of chemicals applied, if necessary, for weed control along highways, roadways, ditches, and fences bordering the Premises. (4) The division of specific crops between MONFORT and LESSEE will be as noted in the following table. Special provisoes also shall be noted. CROPS 7 EST. ACRES MONFORT/LESSEE NOTES 7 /D 9a.% 7 -et -ti 1/4; oi� B 1160 REC 02104004 06/18/87 11:54 X0.00 18/027 F 1419 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3 8'70479 (Addendum to this list may be attached). MONFORT reserves the discretionary right to specify the manner in which all crops grown by LESSEE are to be harvested and marketed. MONFORT reserves all rights to all crop by—products including (but not limited to) beet tops, straw, fall and winter pasturage, and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing of crops grown on the Premises, then in that event only, LESSEE shall sell the crops at the best market price, and a joint check payable to MONFORT and LESSEE shall be taken from the Purchaser thereof. Crop harvesting and delivery to market shall be the responsibility of LESSEE. (5) MONFORT and LESSEE agree further with respect to the operation of the Premises pursuant to this Lease: (a) On or before the fifteenth day of June, LESSEE shall submit to MONFORT, for MONFORT'S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate the Premises in compliance therewith. Upon LESSEE'S failure so to do, LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which MONFORT may suffer by reason of such failure. B 1160 REC 02104004 06/18/87 11:54 X0.00 19/027 F 1420 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 870479 (c) LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each of the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re -occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration o£ its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, and his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein established. (c) LESSEE agrees peaceably to deliver up possession of the property at the end of the term or upon sooner termination by Monfort for the breach or nonperformance o£ any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder. MONFORT shall not be liable for, and LESSEE hereby waives, renounces, and releases all claims, demands, and causes of action for damages to person or property of every kind and character, sustained or suffered B 1160 REC 02104004 06/18/87 11;54 X0.00 20/027 F 1421 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5 87047,9 by LESSEE or those claiming by or through him, and LESSEE shall protect, indemnify and save harmless MONFORT of and from all claims, loss, and damage (including attorney's fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) LESSEE shall not assign this Lease without the prior written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event, LESSEE shall not remove any of the commodities raised on the Presmises, nor sell the same or any .part thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or claimed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to :remove the same and sell the same or any parr thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the commodities shall not be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided herein. (9) LESSEE agrees that MONFORT'S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the Premises to inspect the crops and to protect itself against loss occasioned by any negligence of the LESSEE and to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries shall be without opposition or interference from LESSEE. (11) Failure of MONFORT co insist upon the performance of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving any other covenants, conditions, rights or privi- leges. B 1160 REC 02104004 06/18/87 11:54 X0.00 21/027 F 1422 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO, CO 6 8"704E79 • (12) Additional a.._reemerts: (describe herein any buildings or improvements specifically leased to LESSEE). 3 7x; io (13) The obligations of the LESSEE hereunder shall be joint and several. IN WITNESS HERETO, the said parties have hereunto subscribed their names, and signed a duplicate, the day, month and year first above written. lidocji'' •A / `MONFORT OF COLORADO,"iNC. ESSEE B 1160 REC 02104004 06/18/87 11:54 X0.00 22/027 F 1423 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 7 870479 ADDENDUM This Addendum is entered into of even date with that certain AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc., (Lessor therein) and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (Lessee therein), which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the .terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terms and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained in said Agricultural Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidence its interest in and to its share of the crops produced by the Lessee in accordance with the terms of the said Lease. _ 7 ESS0R LESSEE DATED :3/21 j 4 7 WITNESS j1/ DATED ,iy-,-Ar/i v ✓✓✓✓ / u " � Yi = c� - Y s, /2,.."V" / WITNESS ! -(4.11.,7_,-,"/ /,' B 1160 REC 02104004 06/18/87 11:54 x0.00 23/027 F 1424 MARX ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 870479 EXHIBIT A to AGRICULTURAL LEASE Land Description with respect to Agricultural Lease between Colorado, Inc. ("Lessor") and Ferman Rodriquez ("Lessee"). Common Name of Farms Sargent Monfort Tinker Downs -Rayburn Bostrum Adams, Lee & Daisy Leaver Gooden Brownell Nelson Peterson Heckman Stockover Parcels # Description Monfort of 1 W?i SEA of Sec. 30, TWP. 6N, 2 W'g NEk of Sec. 30, TPW. 6N, 6 ER IW1/4 of Sec. 30, TWP. 6N, 7 W1 -g NWIL of Sec. 30, TWP. 6N, 8 W1/4 SWst of Sec. 30, TWP. 6N, 9 E1 SWk of Sec. 30, TWP. 6N, 12 SW1 excluding part, in Sec. 18 Part of NIA of Sec. 19, IV? 13A W1/4 NEk excluding part, Sec. 13B E1 NEk excluding part, Sec. 14 S1 NEk & W1 SE, North of R R65W R65W R65W R65W R65W R65W 19, TWP. 6N, R65W 6N, R65W 24, TWP. 6N, R66W 24, TWP. 6N, R66W ailroad right of way, Sec. 25, TWP. 6N, R66W 10 E%i SEk excluding .91 acres in Sec. 25, TWP. 6N, R66W less 11 acres farmed by Fagerberg 15 NEk Sec. 31 and part of NW1/4 Sec. 31, TWP. 6ti, R66W less 25 acres farmed by Hoshiko Approximately 1,196 Crop Acreage Inventory of Gaited Pipe 43 pieces 10 inch, 30 feet 58 pieces 8 inch, 30 feet 18 pieces 6 inch, 30 feet 6 alfalfa gates long long long B 1160 REC 02104004 06/18/S7 11:54 x0.00 24/027 F 1425 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 70'179 ^41NTE0 RY WILKINS DOIrvTwG Furor 8B—(Presducen) Kan„ 0111.. S Colo• 1937 sr sic .z•_Cver••g .ne•VFO fn Ann: ,30; 203' n. C 4dv 1417= OIL AND GAS LEASE THIS AGREEMENT. Entered into shit the_ ail disc of APril between Monfort Feed Lots, a Division of Monfort of Colorado, Inc., a Delaware Corporation, Fa O. 3or. G, Greeley, Colorado 80631. 1, 79 hereinafter milled Senor. The _Colton Compagy D_204 Petroleum Center, San Antonio,Tex, 73209 - hereinafter calied lesser, noes ettne]a: 1 That lessor. for and in mn>ideratiOn of the sum pryer, -sea` or -C -Dollars :n nand pus and of the Covenants and agreements hereinafter mnt[mM te. De performed by the :fuse. 1u this day grantr0. leafed, and let and by Wiese ➢resents cob nereny grant, tease. and let euluycely unto the :ewer the hebmaply defvined fang. an0 kith the right t0 unitunitize this anY Dirt thereof with other oil seri tat leases a> LO ail of ]nv part of the landscovered thereto* of hereinafter provided for tn. nurpOae ofcarrying on egeelotifal, geo PnYvul and other e[PlOtatory storkincluding core Gelling and the Cra:mx. mining. and Oderatmg for, proctoring. and twine au of the oil. Its. Uamghead etc cutntnead kiss mr and al: Other gases and their v and for wnstruCtine roach lacing pipe onto, ouamng a stonnt era. building pram .•ionstea. ',perms. constituent necessary or ,none :nom and .ewe f.a!yrrfftnrr Ctu a or lOnlem<n\ for the i<OnOm,fll OpfratiOn of Wad land Alen! Or cOn)Lint1Y a'nn neighboring :arcs. t0 Jr. OOufl. ]ate. lake Carf Of. and manufaCtVr< Oil Of mien ]ubatanees. and for housing and boarding employee]. said tract of land with any reversionary right] (herein being situated m the County of Weld Stair of G41oSddQ _--. and described as follows: 1VAITSAIP 6 NORTH, RANGE 65 WEST, 6TH P. M. Section 30: Trot 1 (84.10 acs.), Lot 2 (84.16 acs,), E/2 N/2 & E/2 ( All ) 650 acres, more or less. Section 31: NE /4 & the North 44,32 acres of the NW/11 East of the private road and a 1001 right o; cry over & across the Ni N:,(206.52 acres) N C.) tad containing 856a52 cres, more or Ina O \ I. It a .[reed that this lease Nisi rennin in full force for a term of dire Yenta from this day. and as long thereafter at oil. III O or gas, or either of them. is produced from said land for Iron land] with wetelt said :and la consolidated. or the premitea are being developed or operated. N U I. In Coaldetallot of the premises the said lessee covenants aria &growl To deliver to tat credit or leaanr, fete of Not, In the pipe lint to which leisure my connect his wells. the equal Onefientla 041 part of all oil a Medians and saved from the lea>td PreMises. a p t, The lean. Nall monthly pay lessor as royalty OD eta marketed from ear. well where vas Only la round, one.eighth fro Of the proceeds If aOld a the O well or a marketed or imam off the Nisei premisec then onewieith lace Of its market value at the wet_ the lessmr ante pay the ieaaori aDne•eighth tv0/0.• of the preened, rewire! by the Nacre from the sale of eaaenghead sat, produced from any oil well: :to One -eighth out of the value_ at the mouth of the well, computed w. tat prevailing market price. of the casnngad gal. Produced from any ou Well and used by lessee off the ;Wird premises for ,toy purpose er O CC l} CC used en the toned ',remotes by the lease for purposes other thin the devetopment end OPerMaCin Them _ Lessor shall have the privilege st his own risk and expense of wing [a, (torn any g•• well on said land for steaks and mode Uinta In the Drir.mpal dwelling located an the leased premiws by making has On O One there.. CO Where gas from a well or wells, capable m pedtummt gas trill. Is not sold or used for • perry of One year. Icaan shall pay or tender as royalty, an O amount eyuaf to led delay rental a, provided le Deragaph t1• hereOt DtS•ble annurllY On the annivee3rry date of Mb lease following the end of raga ,ugh U year during wNgh IVU [ace is not sold Or used, and wine wad royalty LS SO Paid Or tendered this IeaW shall be held a, a producing property under pars, - VI graph numbered Iwo here➢(. 'Cr P: s. If operations far the drilling of a well for ou or gag are not commented on Raid land an or before the 18th day of April . v80 UT LN1 Mlle Nan termtnKr as b hear. tartlet Wits& the inset ,hall Cl or before said date pay Or tender t0 We lesser Or far the lessor's credit in the " a ~ --41Yeley Nationa7._Dank at Greeley Colorado 80631 or Ira sUCWASOrs, which ue- ceasnra are the 4w +r's red shall Continue as she drpeuwrr of •Ilse and all a se s paYstle under tnls tearegardless of changes of onls wm ownership way we Ai a land or la Our ell Lod gat Or in the rentals CO accrue nereunde, the sum ofFi Fitt 31111th•fid Fi ft ' CiS.X Fi 5_ ran which shall OP- (r� crate a, a rental and weer the privilege of deferring the commentrmmt of operations row drilling (Or t penod of one yell, n like manner and upon like Iti payments et Ermine the wmmep4menl of operation+ for drilling may Nrther be deferred kW like periods ay Cecile/el>. All payments or tendees mty pe made by CO V cheek or OMR Of levee or an> aYh[nee (hereof, m+Ilmi Or delivered On or before the rental Paying date, either direct l0 lessor or asstima Or to said dm:canOry boa[, and it is undentoad add agreed that the wnvelraudn fir% recited herein. the down payment, covtrt not onlY the pri*aege [ranted w Use date when CO z laid first rental Ls payable t. Dloresald, but sly led Iesearis Option Of ektmdln[ 1hµ aforesaid al afosaand soy and all Other rights conferred. Sewer may µ any IIm1 *Sent. and deliver to Lessee, or place Of record. L releaser or It1[alef covering anY POrtion or Penton. Of the s0pve dea<rtDed Dremlala and awl 1•'t thereby +Orgbder this lease as to +yell portion Or portions Lod to relieved Of as ODllgatimta +a W the µteage surrendered. and thereafter Che rental{ \ (a] payable Mteunder Mall be redteed In the prODOnlon that the acreage wyered heeton Is reduced by cud releave Or release]. E [—i O CO A Should the first well drilled On the .love described land be a dry hole. then. and in that event. it L second well Is not commenced oo wad grid 1:4 leaser twelve months from reparation of the last rental period Me which renew: has been pato, this lease shall lerminate as to both Dante., dnima the Ieasr on r before the faOlrat via of said twelve months .hail wourne the parmM[ Of rentals In the same etnOyrit and in the same manner a nereinbefore provided. f r Il Is ...weed • t intros( shall COn n ue the payment of though pore Ln n O W ,armor! of craws •ied the rrteel thoapl .Nall wnunue m force eat u though where had ism no interruption m am penis: payments. Q Ai T. f( said lessor went a Ira Ineeeee in t!v above deµrlbed land then the entire snd undivided fee simple mime (herein. then the royalties aM rentals herein provided MYI be paid the leder only in the proportion which Ilia Interest bears CO the *Male snd undivided fn, However. such rental shall be Inv O weeded at the neat suessedtns rental annbnyeY after pay reversion occurs to cover the interest se acquired, r -C l The leaser Mull Mwve the richt t0 use. free of coat, eta. Oil and writer foUnd On said land for Ile OVrataon] thereon. except water from the wells N (V i< No lesser. When required eY lessor, the tease! shall bury its pipe lines WNW OlOw depth and shall pay for damage Caused by its onerstmns to [rowing coy O oa said land. No we shallibe drilled nearer Mtn ZOO fee b the house tar barn now on said premises without written <pewee of the lessor_ Lease. shall have Me rl[R at male time during. or after the expiration of. this lease to remove all machinery, fixtures hOusls. buildings and other atTucturei plated 00 bald preaches, teelydmg the tight to draw and remove all cosine Deiee •treel, upon the COnPletlOn of any teat as a dry hole or upon the tbamonmmt of any U PC producing well, La eeeeere the premlex to their original Contour If near a practicable •nd to remove all matellattons within • reasonable time. Qj p. If Ind .Yee Of either pertr hereto y aeignedeand the ptiv('.e[e 0( eral[ning In whole Or m part is expressly allowed.. the covenants fleeter shaII extend b lhr hens, devisees. executors, administrators, ,pccesson, and naigna, but no enwnge of ownerahlp In the land or In the lento's or rOyaltae Or s lY rum O LO due under this lease shall be binding an the ieuee toll{ tt has been furnished with either the anginal recorded instrument of conveyance or a duly 4-n1:led N copy thereof or a Certified Copy of the will of any deceased owner and of the probate thereof, or certified Copy of ire proceedings shoaling appointment of v adminnlraW for the tttttr of an> deceased Owner. wmNoer li tpproprlaLe, together with well orla:nal recorded Instrument• of conveyance or duly ecru - .'1 Q' Ited coped thereof Oeceatry ID showing t complete chitin Of title back to lessor to the full Inteeee Chanted. wend all idvanCe payments of rentals made here - wader 4fOre reelpt Of said ditummU shall be bending on on> direct Or IOdlrea. assign, [rryln. dtvlxeq adminlatratOr, executor. Or near Of lever. `dM d tint > provided. _µ 1 a last preceding paragraph n<rteL governing the CI W 30. tt Y Teeny ammo that In the event tilt !rte shall be ar :gne0 µ LO • Dart or as LO part] of Ow eteve described land and the holder or Ostler or any such per. Or pans shall make default In the payment of Mr proportionate part Of the rent due from him or them. such default shall not Operate m defeat or affect M=e Rase Iniefat as It covers a part of asd land upon whlCn the lessee Or soy assignee hereof shall make doe Payment of said rentals. 11. user hereby wasrrat, and agrees co defend the title Le tat land herein deaerited •nd agrees that the leave, it Its Option- may pay and discharge in whole of " n part any tows. mth ortgage+, or *Wier Lien• exrstin4Ym ) e levied, or snowed On or against ire Wae described lands and. event t exercises such It shall be worogated Y M< Mena et any holder ere holders thereof and may fetmburse Itself by applying tv the diaeherge 01 arty such mortgage, tax or other lira. any regally' or rental. accruing hereunder, e II. NertailluYnding anything in Mil lean cOnYlned t0 the contrary, It Iw expreasy •greed that If lessee shall COmmencroperatnOn> for & Wing at any time while Lhw lease la In fora, Nth haw shall remain in force end its (trent .hall wnllnue so IOng as such operations ac PrOKCuted and. If production invite therefrom. then as long as prOduetiOn wntlnue. If within the prlmtry term or this few. Oroduction on the tested premises Mall email from any Cause this lease shall not terminate prOYtded opt_ r•tlena for the drilling Of a well shall be commented Dethre Or on the next maulpg tents[ paying date: Or, provided leiMe Deg1N Oe resumes the payment of renula In the manner and amount bereinoefon provided. If. after the expiration Of the larlsnay term of tma lease, prOdUCtron on rag leaded premises shall awe from any cause, this lease thall not lemUnae provided lessee resumes operations far re -marking or deltitng a well within sixty toot days from such euasalen and Oils lrae ]hall remain Y force during the preateuttOm of shell OperktlOev and, If PrOduplOn results therefrom. then as long a production owitlnues 1) eraser Is hereby given the rt[ht tot its Option. W any %lore and from trine Co tlmq W. pool or unitize all Or azy part or Darts of the shove de- scribe(' laOd with other land, lease. Or leases m the I,nrneOlate Mclolty thereof. angel tooling t0 be into uelta not exceeding tht minimum a1xe tract on whl<h a well may be drilled under laws, rules. or regulations In force µ the time of much peeling or ueltlrµloo: provided_ hOwcver, that such vpvts may <xeecd •uch minimum by not more than ten acre] If such excel" a neer—are to Order CO eoamrin to oworeSieD subdivItIOus or lease 'Inn, l-er_ier snap eXerelse µsee option. ss to e•eh desired unit, by executing and retarding sv Instrument Identifying the unitized •rea. Any well drilled Or operations conducted on any part of each Such unit shall be wns:dered fi well drilled or operations conducted under this lease, mod there shall he allOetted to the portion of 'the above described land included in any such unit such prOpOrllein of the •Ctual Production from a7 wells on such unit as lessor's Interest. :f any, In such geuoe, <Omputed on an acreage basin bears tO the eollre acreage Of such- want. And tt la tederato0d find agreed that tee production sit allocated shall be coupdered for all purpose. 10'Iudlsg the payment or delivery of royally, to be the entire production from the portion of Lb< above des<aibed land in- cluded in awn unit a the same manner as though produced from the above described land under the terms of this lease, It_ Tai IfLif •nd MI Its terms. conditions and Hloulatlons shall extend t0, and be binding On nth of the parties wn0 signs Wes lease. regardless of .nether auw lessor is named •Ohre •nd ressrdlrsa or whether it if .ranee :iv any of rue ether nentes herein named mix mssow Tntn Irate maw be signed m cOVnt•rparts, nth t0 nave the •ame effect as the origins' MONFORT FEED TOTS, a Division of Monfort It( WITIrE.L WHLREO1. et ugh Int oar and rear first those written. Wnnte•: ATTEST: of Colorado, a Delavare Corporation 1 Duane E. Flack, Vice President AR2110746 c; elnrk M nn Rnnk PROP AR 210669? B 1163 REC 02106697 07/10/&7 16:36 X0.00 1/004 - F 0202 MARY ANN FEUERSTEIN Ci RTI & RECORDER WELD CO, CO c 111 only Teed THIS DIED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the indiviCi al(S) Or enttty(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. except form the lien of the general property taxes for the year of this deed, shish the GRANTEE will pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record. and (6) any additional matters shown below under "Additional Warranty" Exceptions'" The specific terms of this deed are: GRANTOR: tGs. namef.l and',loe ss) or res.dence. if the apOvse Of the onnensran:or rs tommR m th.s Dead to "elrasu hnme.mad nghta, identify Rrantore as husband and wife ) Monfort o£ Colorado, Inc-, a Delaware Corporation GRANTEE: ICise name(.) and address(es). statement of address. including asadable road or suer. number, is requgred ) Weld County, Colorado, a Body Corporate and Politic of the State of Colorado FORM OF CO -OWNERSHIP: (If there are two or rnore grantees named. they'd it be considered to take as tenants m common uniess the words "in Joint tenancy' or words of the "erne meaning are added in the •pare below ) PROPERTY DESCRIPTION: (Include county and state ) The Northeast Quarter (NEi), Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals located there- under, with the exception of oil and gas. RECORp_R'S t L'IrtORA40UM AT TMc T:ME CF R°CCRDATPCN. TH's IN- STRUMENT 0./AS FOUND TC EE INADEQUATE FOrY THE E0P.S.T PHOTOC.RAPMIC RE?RODUCTION KAUSE OF It.LCC.31t,:Tv. CARSON OR PHOTO COPY. ....CGLC..-,- PAYER, 2,C. CONSIDERATION: (The statement of a riollac amount is optional. adr.quate <°nsider:mon for mt. detd ..ul be pre,tymed unless thts c onum ante .e tdentdlyd as a gilt: in any case this consesance is absolute !ma: and uncondruonal ) Good and valuable consideration. RESERVATIONS -RESTRICTIONS: of the GRANTOR intends to resent. env interest in the p•opertt or 10 convey less than he own.. or if the GRANTOR et restricting the ORA\iti'$ rights in the property. make appropriate indication ) All oil and gas deposits lying thereunder. ADDITIONAL WARRANTY EXCEPTIONS: (include mortgages being assumed and other matters not covwed above.) See the attached Exhibit "A." n_ r4 / •'0'Signeddrr d�. !'✓-v /O 19 `'1::` C: �Wtt�'%C.-C%� A RADO / Ti'pr W EL.D ) ss. fhe orregding instrument was acknowledged befor me this /OD\ day of by KEt Say }t Yt1oivcbarras-Peas lest+o�llbnt Coletvd.� WITNESS my hand and official seal. i �� My commission expires: at- 2r r 1989. STATE OF ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this by WITNESS my hand and official seal. My commission expires: €y MONFO OF COLORADO INC. BY: Grantor 0 -. --grantor - t�`"pM89i �..��''.�L•. o I -A - rr Ncn ON "Y.) > L+] � n I -C 0 b N z .- Z r 0 C+J On C On Lr CO CO 0 • CO ri 1-+ Z -4 t7 m t" "st R « N � N e21 n O G 73-Cr 7.3 0 �o Pi 0 N t7 n O I--' O n o fl 4, Grantop' .1987: Notary Public. day of • 19 Notary Public • 1977 UPDATE LEGAL FORMS P.O. BOX 1815. GREELEY. COLORADO 80632 NO. ROt �c -eA, 870479 B 1163 REC 02106697 07/10/87 16:36 X0.00 2/004 F 0203 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" z s vv 1. Rights or claims of parties in possession not shown by the 2r. z public records. acs :c 0 2. Easements, or claims of easements, not shown by the public z records. z 0 7 �} 3. Discrepancies, conflicts in boundary lines, shortage in area, m cN encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are now shown by the o public records. ? m H M 4. Any lien, or right to a lien, for services, labor, or z material heretofore or hereafter furnished, imposed by law and not r co shown by the public records. x x� 5. Taxes due and payable; and any tax, special assessments, Q charge or lien imposed for water or sewer service, or for any N other special taxing district. z" n 6. Right of way for Butler -Howard Ditches and Drainage System in °z Section 31 as disclosed by Map and Statement filed May 5, 1898, as h Filing No. 67246, and by Agreement recorded May 7, 1898, in Book z o • 157 at Page 311. :c10 c o 7. Carpenter Seepage Ditch, and any and all rights of way o therefore, as evidenced by Map and Statement filed September 17, n 1901, as Filing No. 80213. O N 0 8. Easement and right of way for lines of telephone and p a telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6, 1918,. in Book 512 at Page 312, affecting the following described property: A 10 foot strip of land adjoining the state highway on the East through the NEa of Section 31, Township 6 North, Range 65 West of the 6th P.N,. 9. Easement and right of way for electric transmission, distribution and service lines, as granted to Home Light and Power Company by Daisy Adams and Lee Adams, in the instrument recorded October 19, 1959, in Book 1542 at Page 561, affecting the following described property: The NEkNW; of Section 31, Township 6 North, r Range 65 West of the Sixth Principal Meridian, the approximate center line of which right of way is more particularly described as follows: 8704743 B 1163 REC 02106697 07/10/87 16:36 30.00 3/004 F 0204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Beginning at a point thirty (30) feet and one (1) foot west of the Northeast corner of said Northeast Quarter of the Northwest Quarter (NE}, NW}); thence in. a Southerly direction, one (1) foot west of and parallel to the East boundary of said Northeast Quarter of the Northwest Quarter (NE*, NW1) a distance of fifty (50) feet. 10. Easement and right of way for a water transmission or distribution line or system, as granted to the North Weld County Water District, a Statutory District, by W. M. Stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964, in Book 505 as Reception No. 1427562, affecting the following described property: A twenty (20) foot easement, the centerline of which is more particularly described as follows: Commencing at a point of beginning, said point being on, the Westerly Right-of-way lane of the County Road, a distance of 40 feet South and distance of 30 feet West of the Northeast (NE) corner of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly Section line of said Section 31, a distance of 1,500 feet, more or less. 11. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc., a Delaware Corporation and The Colton Company, dated April 18, 1979, recorded June 1, 1979, in Book 870 as Reception No. 1792317, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42--106, by H & C Colton Company, recorded November 3, 1986, in Book. 1134 as Reception No. 2075692, and by Sunshine Valley Petroleum Corporation, recorded January 20, 1987, in Book. 1143 as Reception No. 2085386 and January 27, 1987, in Book 1144 as Reception No. 2086072. 12. Easement and right-of-way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, a Colorado Partnership by Monfort Feed Lots, Inc., (Also known as Monfort of Colorado, Inc.), a Delaware Corporation, in the instrument recorded February 17, 1984, in Book 1021 as Reception P o� r r to a o� 3 � zn )-t 0 +y N z� z• 0 �4=. C cr% n mo .s o �r H "^' z"-2 nm M �] x r N z N m 0 �s �o 0 t4 o r 0 0 OW 0 no o� 870479 B 1163 REC 02106697 07/10/87 16:36 X0.00 4/004 F 0205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO No. 1956513, the location of which is shown in the map attached to said instrument. (Affects NE a) 13. Easement and right-of-way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc., a Delaware Corporation by Monfort of Colorado, Inc., a Delaware Corporation, in the instrument recorded February 5, 1986, in Book 1102 as Reception No. 2041858, the location of which is shown in the map attached to said instrument. (Affects WkNE;) p o . to rn 10 3� to k 0 7 N Z �- Z r b ill J to io• C rn cn o y co M z� 0m Ozt jy H H -- N., �A N tri n O 73 4 z 4 LzJ O v o o .� 0 no a)• 8704'79 8'70479 AR2106696 Recorded at _o'clock Reception No I! Recorder. AR213.0747 I THIS DEED, Made this i i 3 1 day- o£ ,1987, between Monfort of Colorado, Inc., a Delaware corporation, of the County of Weld and state of Colorado,of the first part, andWeld County, Colorado, a body corporate and politic of the State of Colorado, whose legal address is 915 Tenth Street, Greeley, Colorado 80631, of the County of Weld and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of-the-saal-of GOOD AND VALUABLE CONSIDERATION o � r w O � o v tlantlnan ! , to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof • ,-7 co is hereby confessed and acknowledged, has remised. released, sold, conveyed and QUIT CLAIMED, and by these H presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs.. Z � successors and assigns, forever, all the right, title, interest. claim and demand which the said part y of the first part n co ha S in and to the following described lot or parcel of land situate, lying and being - P g in the County of Weld and State of Colorado, to wit: w t- 1) That part of the North One-Half(Ni) of the North One -Half (Ni) of the North- r west One -Quarter (NW}), Section 31, Township 6 North, Range 63 West of the R ;" 6th P.M., Weld County, Colorado, lying West of the private road right-of-way, ;,yt^' over and across a strip of land twenty (20) feet wide, as conveyed by Deed n recorded July 28, 1903, in Book 207, at Page 398. O z 2) Any and all rights first party may own in tail -water flowing onto any or all F v of the properties described in Exhibit "A." 7J o 3) Any and all easements, which benefit any or all of the properties described o in Exhibit "A" and which direct and/or facilitate the flow of tail -water [!o across properties lying to the south of Weld County Road 64. o RECORD.^.S mc.:c RANDDM AT THE 1:ME or RE.CROA'tON, Ti-nS IN- SYrUMFNT WAS FOUNO -iO F.E ihAD,0UATE FOft 1 lir. PEST PHOto'RAPPCO REPRODUCTION GECAJSE OP ILLFOIaILITV. CARP.ON OR PHOTO COPY, O+fzoLo.>.pO PAPER, fT C. Exxkaaamamcx ottlextmaxthrtc Ow c n o Ow 171 trl O N I-, I 1/4O O1 MD W TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto � !�1 belonging or in anywise thereunto appertaining, and DIY the estate, right. title, interest and claim whatsoever, of the n said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y the second part, its heirs and assigns forever IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set its hand and seal the day and year first above written, Signed, Sealed and Deliveeneed in the Presence of ':_,1 .. , yr/ .7 T vC,: J S1ATE:Of COLORADO, ss ; :+County of V,izLp 111 r: iT.4gfoPe'lomg instrument was acknowleked before me this /p~"I">` day of :#,by 'ICEAMJE.n-I fntiAlf:dRrfas Peosso nt of (honed o/ Co/Drool:a t w My commission expires OCT 2./ ,1989 • Witness my hand and official seal. MONFORT OF COLORADO, INC_ a (SEAL] y O 'y N Z .- Z o CA 7C r11 va Ca tsl CD f7S a 3� 1.."••• H Y Z O C7 CO t" �t L=: X )—, rn to 71 ON trl C1 O p D to -tr. SV O $ O ri 4 t" G A O 1r o (] o ow No. 933. Quit CLAIM DEED. —Bradford PubH,hing Co..1S=+.an Stout Street. Denver. Colorado (57&5011)-4/77 cc Fo-0A 8'70479 EXHIBIT "A" Parcel 1: The Northeast } of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, INCLUDING any and all improvements.located thereon and all minerals thereunder, with the exception of oil and gas. o ti. Parcel 2: F+ V z The Northwest I of Section 31, Township 6 North, Range 65 West .of . x m the 6th P.M., Weld County, Colorado., .< EXCEPTING THEREFROM a tract of land �o z� z� 0 v M t� a C� ON 0 ow as conveyed by Deed recorded July 28, 1903, .in Book 207 at Page 398, being more particularly described as follows: The South 120 acres of the Northwest } of Section 31; Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NW} of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded' March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North } of the North } of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest } of said Section 31 lying North of the North line of the South 120 acres of said Northwest i, South of the South line of the North } of the North } of said Northwest } and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, is Book 207 at Page 398. Also EXCEPTING THEREFROM any portion of the Northwest I of said Section 31 which may lie South of the North 44.32 acres thereof and North of the South 120 acres thereof. X b 0 la N F-. 0 O ow 3 xf z� K zw zN. z o rn "7rn t9 to Crn t� u H --t m� Z o 0 C y � it M m w x� O x b r-f+r zo Z o Z o ✓ d n 0 N P 0 o O w ';`S70473 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas. �m O N ▪ H 6 N> N V 3 77 3 z b [xi > DI 7`0 n z K *C o O > N N Z )--' Z,--1 Zo Z1-) rn 0 W 0 M V t=i 10 ma Ca, C-4 W W z z m0 [A o y v )-3 0 tl ---- r+)-' Z Z-4 -..... -.... A co A m t+ -1 [-, v W tTl 73 77 X •--• X i-- rn r .. Z -- tth N 72 01 W CO en r n n o o z z o o en [� tr w 0 z o z o z o t9 0 e+7 O ti H o o n n Ow oLI - --- o o n o n 0 Ow O w C> r N r O Ot Y W 8'704'79 O ....b D�..o AR2106698 B 1163 REC 02106698 07/10/87 16:37 X0.00 1/005 F 0206 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO AR2110748 lldJ arty (aced, r THIS DEED is a conveyance of the real property described below. including any improvements and other appurtenances (the "property") from the inciividual(s). corporation(;), partnership(s) or other entity(ies) named below as GRANTOR to the individuai(s) or entity(ies) named belDW as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE ano the GRANTOR warrants the title to the property, except for (T) the lien of the general property tapes for the year of this deed, which the GRANTEE Will pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record" and 16) any additional matters shown below under "Additional Warranty Exceptions" The specific terms of this deed are: GRANTOR: ICnn n" mN...t and pincn!d of 'rodent, If the spouse of the onnengrantor s lomtn5 m that Deed 10 relra.e hnme.trad r•ch:. identify ctanrorn a. hu.hand .tnd .,,le I Monfort of Colorado, Inc., a Delaware Corporation GRANTEE: (Coe nameR) and acidre.c(esj.. aaeemam Of addles, r-Lrdmg a.adable• road Or .Orel number. iS required ) t Weld County, Colorado, a Body Corporate and Politic of the State of Colorado FORM OF CO -OWNERSHIP: (if there.vr iw0 amore cmmre. nan.••d. they ..,n be con.idered to tale as tenants al common unless the words "rn toint vnent V" or +ord. Of the ote mean.n¢ are added in the .pat a below ) PROPERTY DESCRIPTION: pre-}ua • county and sate ) See the attached Exhibit "A." RIC.0A9E6Y ity.ottiawgM A7 TYE TIME OF RECO :II:OAT:ON. TF!S IN- STRUMENT WAS FGDND TO c INADLQUATE FCC THE SF-ST,.^Y_ ,TRA?HIC REPRODUCTION E°CAUSE OF ItwIECI3ILITY. CASSON OR PHOTO COPY. U'5:'.�1.: c0 PAPER, ETC CONSIDERATION: (rho sratr.m.nt of a dollar .noun! . . n .:uate fon.rtin:utnn for she. rf..,c! .. JI fir• proctimed n;rx shit f Orn.eaanre n af•mpLrA a. a bit_ n any face'!h. ton.^..:m (' .a abii0lulti. final and unconditional ) Good and valuable consideration. RESERVAT IONS•RESTRICTIONS: nl the (BANTOR r , . � ^. . to e ant. .e.t•+r ,n ;be property or to conaey Iel, than he o..n.. or d the CRA'COR r. If -dos thr GRAN et l'S ,n the OrODerty. make appropriate mdicat•on j All oil and gas deposits lying thereunder and twenty-three (23) acre feet o£ water supplied by the Northern Colorado Water Conservancy District. ADDITIONAL WARRANTY EXCEPTIONS: , rise".. ?rim; Assume,' and other ratters not (er.ered above ) gte on — 52ATE OF CQLORADO ) COUNTY OF WELD ) 55. The foregoing instrument was acknowledged before me this /o`rF by KENNETH MoN-FnkT,as of 7nmi rE oFC load° wiTNESS my hand and official seal. . My commission expires: &a. 2fag See the attached Exhibit "B." MONFORT OF COL RtA,D_O, -INC. STATE OF ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this by WITNESS my hand and official seal. My commission expires: Grantor 0 r h.• m a W� W n k 0 z N z I.. Z f -r 0 M � tJ da m t=i (A O e3 m 117 � Z v C.) CO r v t1J X "ja' H N n O tt tt -cc �o $o h7 0 r t7 n o 0 n o O v 7:k F03. aars em. day of . 19 Notary Public ' 1977 UPDATE LEGAL FORMS P.O. BOX 1815. GREELEY, cotoRnoo FC532 870479'4° "I B 1163 REC 02106698 07/10/87 16:37 X0.00 2/005 F 0207 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" The Northwest } o£ Section 31, Township 6 North, Range 65 West o£ the 6th P.M., EXCEPTING THEREFROM, a tract of land as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398, being more particularly described as follows: The South 120 acres of the Northwest } o£ Section_ 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest i of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NW1 of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common. to Sections 30 and 31, Township 6 North, Range 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as :onveyed by Deed recorded March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North } of the North of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip o£ land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM_ all that part of the Northwest a of said Section 31 lying North of the North line of the South 120 acres of said Northwest }, South of the South lire of the North } of the North i of said Northwest } and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM. any portion of the Northwest } of said Section 31 which may lie South of the North 44.32 acres thereof and North of the South 120 acres thereof. But INCLUDING any and all improvements located thereon and minerals located thereunder with the exception of oil and gas. M a O r N ON rn a v 3 O 7 n k 0 y N z r z� O [ri a C CO tt x rn o y m LT. � H za co •-J ti v zi x� m» N Z � O z O r--, u �o o �o H O n o oc 8'70479 2106698 87 F 0208 MARY 0ANN FEUERSTEIN/CLERK 6& RECORDER WELD CO, CO EXHIBIT "B" 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 correct 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. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taring district. 6. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners of Weld County, recorded October 14, 1889, in Book 86 at Page 273. (Affects NWi only) 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 25, 1892, in Book 51 at Page 171. (Affects Nwi) 8. Right of way for Butler -Howard Ditches and Drainage System in Section 31, as disclosed by Map and Statement filed May 5, 1898, as Filing No. 67246, and by Agreement recorded May 7, 1898, in Book 157 at Page 311. 9. Carpenter Seepage Ditch- and any and all rights of way therefore, as evidenced by Map and Statement filed September 17, 1901, as Filing No. 80213. 10. Easement and right of way for lines of telephone and telegraph, as granted to Mountain_ States Telephone and Telegraph Company by instrument recorded August 6, 1918, in Book 512 at Page 312, affecting the following described property: A 10 -foot strip of land adjoining the state highway on the East through the NEi of Section 31, Township 6 North, Range 65 West of the 6th P.M. .r, D or r r c� a X m >� mn K P > N Z N Z P M �] c a cm m co o .3 0o T \ N r Z -� n or, �+ a m x •' N x a C: 0 x ts3u o �o tr; o y C n O w O n o OCrt 8'70479 B 1163 REC 02106698 07/10/87 16:37 30.00 4/005 F 0209 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 11. Easement and right of way for electric transmission, distribution and service lines, as granted to Home Light and Power Company by Daisy Adams and Lee Adams, in the instrument recorded October 19, 1959, in Book 1542 at Page 561, affecting the following described property: The NE}NW} of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center line of which right of way is more particularly described as follows: Beginning at e, point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast quarter of the Northwest Quarter (NE}, NW}); thence in a Southerly direction, one (1) foot West of and parallel to the East boundary of said Northeast quarter of the Northwest quarter (NE*, NW}) a distance of fifty (50) feet. 12. Easement and right of way for a water transmission or distribution line or system, as granted to the North Weld County Water District, a Statutory District, by W. M. Stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964, in Book 505 as Reception No. 1427562, affecting the following described property: A twenty (20) foot easement, the centerline of which is more particularly described as follows: Commencing at a point of beginning, said point being on the Westerly Right -of -Way line of the County Road, a distance of 40 feet South and a distance of 30 feet West o£ the Northeast (NE) corner of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31, a distance of 1,500 feet, more or less. 13. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc., a Delaware Corporation and The Colton Company dated April 18, 1979, recorded June 1, 1979, in Book S70 as Reception No. 1792317, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS, 38-42-106, by H & C Colton Company, recorded November 3, 1986, in Rook 1134 as Reception No. 2075692, and by Sunshine Valley Petroleum Corporation, recorded January 20, 1987, in Book 1143 as Reception No. ., w o6-• as a �x 7 n K a ,z1 N Z �- Z 0 .iy y ra co cm r•. N n o H CO H H Z v nm �v X - ti ft, ••• N :a n 0 x My zo E M o r O n O .a _ o 0 o � 8'704'79 B 1163 REC 02106698 07/10/87 16:37 X0.00 5/005 F 0210 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2085386 and January 27, 1987, in Book 1144 as Reception No. 2086072. it 0 O � r F+ v J g i r) �n K 0 tv N zc> 0 n .� b CO tV b CO o ]-3 co H M Z , CO CO x X �- sr+ .. N 73 a>. n O 77 D :TI V. xl o o trio r b C) O cn 0 OVI $70479 i ~ '- +FORM NO. ▪ O-▪ 6000 ti 1 11 �1 i1 h r, 4 t t i 1 i , 1 Colorado Region Form 342 ALTA Owners Polioy— Form B-1970 Amended 10-17.70 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a Califomia 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 Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. 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 4. Unmarketability of such title. 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 Policy shown in Schedule A. ND. Transamerica Title Insurance Company fit) 1eJ / tfs..�. 'gin By By President :.rrelary C'ti r3�1i 8'70479 SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating ih:- character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and. subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including. but not limited to, heirs, distributees, devisees. survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": actbal knowledge. not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law• constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right. title. interest, estate or easement in abutting streets, roads, avenues, alleys. lanes, ways or waterways. but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed. or other secunty instrument (f) "public records": those records which by law impart constructive notice of matters relating to said land. R. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land. or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay. shall provide for the defense of an insured in all litiga• tion consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land. to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing 0) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in rase knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company. then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required: provided, however. that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title t0 the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any such litigation to final determination by a coutt of competent juris- diction and expressly reserves the right in its sole discretion. to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding. the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use. at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence. obtaining witnesses, or prosecuting or defending such action or proceeding. and the Company shall reimburse such insured for any expense so incurred. A. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations. a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 00 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this polity as to such loss or damage. Continued on Front of Back Cover 8'70479 FORM NO. C-5OOO-1 FOR ugE WITH COLORADO REoloN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM e- 1970 ?AMENDED 10-17-70) SCHEDULE A Amount of Insurance S Date of Policy I- Name of Insured: 368,750.00 August 18, 1987 7:00 A.M. P<dicv No. 8025173 Order \o. Sheet 1 of 5 WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado S-70479 FORM NO. G-6000.2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 8025173 Sheet 2 of 5 SCHEDULE A —Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows= The Northeast and the Northwest i of Section 31, Township 6 North, Range 65 West of the 6th P.M. EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398, being more particularly described as follows: The South 120 acres of the Northwest 1 of Section 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest of Section 31, Township 6 North, Range 65 west of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NW; of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West o£ the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927 in Book 806 at Page 541, being more particularly described as follows: All that part of the North 1 of the North 1 of the Northwest of Section 31, Township 6 North, Range 65 West of the 6th P.M_, lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest a of said Section 31 lying North of the North line of the South 120 acres of said Northwest n, South of the South line of the North 1 of the North 15 of said Northwest d and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398. Also EXCEPTING THEREFROM any portion o£ the Northwest a of said Section 31 which may lie South of the North 44.32 acres thereof and North of the South 120 acres thereof, 8'704'79 FORM NO. C -6000-3B roR usE WITH cOLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLIGy-FORM Et -1970 (AMENDED 10-17-70) 8025173 Sheet 3 of 5 SCIIEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. ?. 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 cor- 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 servics, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records_ 5. Taxes due and payable: and any talc, special assmonent;, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects NW; only) 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 25, 1892 in Book 51 at Page 171. (Affects NW4) 8. Right of way for Butler -Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5, 1898 as Filing No. 67246, and by Agreement recorded May 7, 1898 in Book 157 at Page 311. 9. Carpenter Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed September 17, 1901 as Filing No. 80213. 10. Easement and right of way for lines of telephone and telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6, 1918 in Book 512 at Page 312, affecting the following described property: A 10 foot strip of land adjoining the state highway on the East through the NE≤ of Section 31, Township 6 North, Range 65 west o£ the 6th P.M. 11. Easement and right of way for electric transmission, distribution and service lines, as grantee to Home Light and Power Company by Daisy Adams and Lee Adams, in the instrument recorded October 19, 1959 in Book 1542 at Page 56:_, affecting the following described property: the NEaNW< of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center lire of which right of way is more particularly described as follows: S70473 FORM NO. C -6000.3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM D-1970 (AMENDED :0-17.70) 8025173 Sheet 4 of 5 SCHEDULE B —Continued Beginning at a point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast quarter of the North- west quarter (NE4, NW4); thence in a Southerly direction, one (1) foot West of and parallel to the East boundary of said Northeast quarter of the Northwest quarter (NE;, NWa) a distance of fifty (50) feet. 12. Easement and right of way for a water transmission or distribution line or system, as granted to the North weld County Water District, a Statutory District, by W. M. stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964 in Book 505 as Reception No. 1427562, affecting the following described property: A twenty (20) foot easement, the centerline of which is more parti- cularly described as follows: Commencing at a point of beginning, said point being on the Westerly Right -of -Way line of the County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31, a distance of 1,500 feet, more or less. 13. Oil and gas of Colorado, dated April No. 1792317, lease between Monfort Feed Lots, a Division of Monfort Inc., a Delaware Corporation and The Colton Company, 18, 1979, recorded June 1, 1979 in Book 870 as Reception and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by H & C Colton Company, recorded November 3, 1986 in Bock 1134 as Recep- tion No. 2075692, and by Sunshine Valley Petroleum Corpora- tion, recorded January 20, 1987 in Book 1143 as Reception No. 2085386 and January 27, 1987 in Book 1144 as Reception No. 2086072. 14. Easement and right of way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, a Colorado Partnership by Monfort Feed Lots, Inc., (Also known as Monfort of Colorado, Inc.), a Delaware Corporation, in the instrument recorded February 17, 1984 in Book 1021 as Reception No. 1956513, the location of which is shown in the map attached to said instrument. (Affects NEa) 15. Easement and right of way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc., a Delaware Corporation by Monfort of Colorado, Inc., a Delaware Corporation, in the instrument recorded February 5, 1986 in Book 1102 as Reception No. 2041858, the location of which is shown in the map attached to said instrument. (Affects W4NEn) 170479 FORM NO. C -0000.3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70) FOR USE WITH COLORADO REGION AMERICAN LANG TITLE ASSOCIATION OWNER'S POLICY -FORM S--1970 (AMENDED 10-17.70) 8025173 Sheet 5 of 5 SCHEDULE B —Continued 16. All oil and gas deposits lying thereunder as reserved by Monfort of Colorado, Inc., a Delaware Corporation in the Deeds to :geld County, Colorado, a Body Corporate and Politic of the State of Colorado, recorded July 10, 1987 in Book 1163 and re-recorded August 17, 1987 in Book 1167 as Reception No. 2110746, and re- corded July 10, 1987 in Book as Reception. No. 2106698 and re- recorded August 17, 1987 in Book 1167 as Reception No. 2110748. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not neces- sarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (d) Associated Natural Gas, Inc-, recorded April 23, 1986 in Book 1110 as Reception No. 2050953- 8'704'7„ STATE OF COLORAOO CHARD D. Ur,[ COVWw �. RICHARD R RUMC V' CC--.[[.oVER RORswr E DROWN Ca••••••••..g• Dear Real Estate Purchaser. DIVISION OF INSURANCE DEPARTMENT OF REGULATORY AGENCIES 106 STATE OFFICE BUILOING . 201 E. COLFAX AVE. DENVER_ COLORADO 90203 nay 1, 1°77 Following this letter you will find a brief explanation of your title insurance commitment and policy. .Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that car parries issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied ..with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title .insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. sincerely, CHARD BARNES, C.L_b. Commissioner of Insurance JRB:bI As a purchaser of a home or other real estate you may receive a `Commitment for Title Insurance" and a"Policy of Title Insurance" Both of these documents. like many others in connection with your purchase. are contracts creating legal rights which you should read carefully and which you may wish t0 have examined and explained by a lawyer or other adviser. While the following description of these document cannot change the precise terms of these documents. it is hoped that this will help you to understand their purpose and effeCt and answer some of your questions about them. QUESTION: "WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the tine insurance ccm zany :n which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is no; casualty insurance and, therefore, does not protect you against acts of theft or damage to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the policy of Title insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required t0 maintain reserves to cover losses. If you are financing your purchase. your lender will Ordinarily require that you obtain a separate Lender's Policy to insure that your prope try win in tact serve as security for its loan. OUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER: The one time. non -recurring premium pays for several things. It helps t0 pay for the cost of collecting, maintaining. searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records show that your seller really owns the property. what mortgages or liens to recorded tegal claim) may ex1St; whether there are restrictive covenants on your CONTINUED ON REVERSE fJ70179 property or easements which allow persons to cross your property 0r t0 place utilities across your property The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally. payment of the premium requires the title insurance company to indemnity you fof.any losses you suffer as a result of the title company's failure t0 fulfill its contractual obligations under your title policy. QUESTION: "WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A.Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken. such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule B —Section 1. In Schedule B —Section 2 "Exceptions the commitment also summarizes certain existing limitations on the use of your property the defects in your title and liens against your property. Your policy will not protect you against these matters. You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met. These Other matters are usually such things as restrictive covenants or easements for utilities and the like. You should carefully read both the "requirements" and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract t0 purchase your property. Some of the "exceptions" are standard and will not normally be covered by your title policy. The first standard exception is any claim by parties in posseSSion of the property which is not shown by the public records. This means, for example, that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed or may claim that they are somehow otherwise entitled to be On the property The title insurance company could not learn of such a claim by examining the public real estate records. You should inspect the property tO make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement. even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property. particularly if you do not have a survey. Again, a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid. The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document. You may wish to verify that no such unsatisfied claims exist. The fifth standard exception IS for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and Special assessments which may be imposed against your property which are not recorded in the public records, or the amount of which has not yet been determined. If you are purchasing a. single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, tOgether with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest Premium to which he is entitled. For instance. if there has been a title insurance policy issued to your seller within the last two years. he may be entitled to receive some credit for the prior premium against the amount of premium which he will .now pay. QUESTION: "WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER: The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It. too, is a standardized document. the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth- among.. other matters. the amount of insurance coverage, your name as the insured, your interest in the property, such as actual ownership or leasehold interest, and the legal description of the property Your title insurance policy, as any other insurance policy. has exceptions from coverage. These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage- Matters which may limit coverage will be set forth in the"Conditions and Stipulations" Section of the policy In Schedule 6 of the policy, you win find those items against which the title insurance company does not. or cannot, insure- Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property, and any detects of which you may be aware but have not informed the title insurance company. You may &Sire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy You Should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy- and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they nave a rig h::ouse your property or that they own part of it, and you cannot find that right set forth in your p0ncy as an exception or an exclusion, you .mos: notify the thle insurance company in writing of :he situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise, it it is covered by the policy. so that the dispute may be resolved in as timely a manner as possible, You should know that if the problem is covered by your title insurance policy. a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing, the title insurance company retains the right of settling the claim or pursuing the matter through the courts. if it believes that the rights asserted by a third party against your property are not legally ;ustified. If the title insurance company takes the posi't:en that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER; You should certainly ask them of your attorney. the seller. the lender or the title insurance company. If you do not receive a satisfactory answer t0 your Questions. you may COetact the office or the Colorado Commissioner of Insurance. J. R ichard Barnes, Commissioner. Department of Regulatory Agencies. 106 State Office Building, Denver, Colorado 80203. Form So,C-14213 +'tin :� e �:4'" Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy. all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION Of LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect. lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title. as insured, within a reasonable time after receipt of such notice: (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction, and disposition of all appeals therefrom, adverse t0 the title, as insured, as provided in paragraph 3 hereof: or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this polity, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto. No payment shall be made without producing this policy for endorsement of such payment unless the policy Se lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy be reduced by any amount the Com- pany may pay under p.+lity insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest coverd by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this polity. The Company shall have the option to apply to the pay- ment of any- such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, ail right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued. and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or pr0oerty necessary in order t0 perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments. if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, P. O. Box 605. Denver, Colorado 50201. -13 t!J 870:79 / _ , i � ] � � _ \ )\c §iy St 7 ' xia 044 2| 2 »!! — 22 7/!, -.O ;!3 - -k m§ )2 oo §� � C \ 1 \ Sir OOvuoia0 ina IMOIANi slnaov { = m _ SI) in o g m � 0 0 CD� a 1/4,‹ \ F \ _ � (1)=A,n O P -P1 jj sr•-- _--=so•--40-�=--�_�.�_�_ (| i& 0,■ /| k4 { !| }D !; if it q \| Fr k \r C. ! \ �7�.an_rsari-4_�_�.4.- sr. ®—== ----� 870479 [hr vrimcd DnraOn of mt, form 2Phro•rd 0, the Cotondo Rad k\t,t< Commission (SS -60-7-711 AR2121448 PROPERTY ADDRESS N/A SELLER Monfort o£ Colorado, Inc. SETTLEMENT DATE sTA'rI;mENT cll sEtyLEmENT SELLER'S f_; PURGIIASER'S (� LEGAL DESCRIPTION: See the attached Exhibit Weld County, Colorado, a body PURCIIASEIt Corporate and Politic of the State of Colorado DATE E OF PRORATION -Tiny 8, 1987 I Debit Credit 1. Selling Price 2. Deposit, paid to 3. Trust Deed, payable to 4. Trust Deed, payable to 5. Trust Deed, payoff to 6. Interest on Loan Assumed 7. Title lns.Premium Paid by Seller 8. Abstracting: Before Sale 9. After Sale 368,75000 li 10. Title Exam. by 11. Recording: Warranty Deed Exempt as per Section 30-1-103, CBS 12. Trust Deed 13. Release LL Other 15. Documentary Fee Exempt as per Section 39-13-102, CRS 16. Certificate of Taxes Due 17. Taxes for Preceding Year (s) See attached Exhibit ulYI "" 18 raxesforGurrcntYenr See attached E<hibit C 19. Tax Reserve - — ma 20. Special Taxes m co 21. Personal Property Taxes m l— • HI—. m--.. 22. Hazard Ins.Prem. Assumed —Policy No. Co- z � $ Yr. Term Expires _ � r � Premium $ Days Unused at s per day I tn".co 23. Premium for New Insurance m z _ 24. Hazard Ins. Reserve z'— a 25. FHA Mortgage Ins. Assumed tr — 26. FHA Mortgage Ins. Reserve mt.., i 27. T oan Service Fee (Buyer) n i 28. Loan Discount Fee (Seller) O 29. Interest on New Load my 30. Survey and/or Credit Report _ ma 31. Appraisal Fee - c 32. Water and/or Sewer t m 33. Rents . . a 34. Security Deposits n 35. Loan Transfer Fee o` 1 36. Loan Payment Due o no 37. Broker's Fee o `o iI i it I. II Sub -Totals - ___.__—____. 368,75000 1I 1.107 ;72 Balance due tokt raSeller 367,642 78 InaltiMantagINGCZEM it TnTAT C 368.750 00 it 368.750 00 ona 01-' a1--• w �1 5 Pi n K 0 q N z� zN 544 77 l55 The above (loin do not include sales or use GAes on personal property APPROVED and ACCI•'.nED Weld County, Colorado, a Body ' Corporate and Politic Purcha er/lt Attest: can/ airman ommissioners of Weld County EXHIBIT "A" Parcel 1: The Northeast } of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas. Parcel 2: The Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398, being more particularly described as follows: The South 120 acres of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest } of Section 31, Township 6 North, Rance 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of D*,W} of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West o£ the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North 3 of the North § of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest } of said Section 31 lying North of the North line of the South 120 acres of said Northwest }, South of the South line of the North } of the North } of said Northwest } and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie South of the North 44.32 acres thereof and'North of the South 120 acres thereof. tr..! O o I-, to -4 v+ ahi ym xn .e O > N z �- 2 N r ty a h7 a cto z cn y r z� n� `.. J ;a1 H- (-0 tr n 0 z C M 'Ct- rs ci �o Y p H O n O N O no o 870479 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas. -n m o N 6 W..l Ol wl C 7s Y n :o n K 0 'J N Z h' Z N F+ T .p CT a C CO Cn m r H 1-4 H V Z J n C▪ o ri J m T. I—. A xf C▪ o C=I n 0 z O m> �t o £ o rya w d O n O OV 870473 EXHIBIT "B" REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES THIS AGREEMENT is made and entered into as of the 10th day of July, 1987, by and between MONFORT OF COLORADO, INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners o£ Weld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of the real property and improvements which are described in the attached Exhibit "A," which real property and improvements are hereinafter referred to as "Parcels 1 and 2." Purchaser has received the stun of $544.17, which is payment for certain real property taxes for the Parcels 1 and 2, figured as follows: 1. Second half of 1986 real property taxes for Parcel 1 which is still due and payable: $ 328.12 See the attached Tax Certificate from the weld County Treasurer for Parcel 1. 2. Second half of 1986 real property taxes for Parcel 2 which is still due and payable: $216.05 See the attached Tax Certificate from the weld County Treasurer for Parcel 2. TOTAL DUE FROM SELLER FOR 1986 REAI. PROPERTY TAXES WHICH ARE STILL DUE AND PAYABLE $544.17 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATT -! a itktt , Weld, CoutIty•. ler and C trk"tq�'. A By: C and Recorder Board Deputy unty ;.% erk PURCHASER: WELD COUNTY, COLORADO, corporate and politic State of Colorado, through the BOARD OF COMMISSIONERS, WELD CC COLORADO By - U a body of the by and COUNTY Iv"TY , "r5 w o� O N w V v� qm xn K O N Zn~i M a PI a C: CO P] x (n H y � Cr: z� n CO Yy x x•-• a xf w n 0 x i;11 -(C :v O :o [ay O r a n o� a no 0 O Page 1 of 2 Pages 870473 SELLER: EONFORT OF COLORADO, INC., a Delaware corporation By: Page 2 cf 2 Pages 870479 ptm o +-• o� w --a CO 3 Z >n K O > N Z Z N ita X a CCO z to � H H Z A CO r� e� z a x1 to) t4 t1 O O CO 0 ,d o �o X 0 r v c otit o n O O1/40 STATE OF COLORADO S. S. COUNTY OF WELD CERTIFICATE OF TAXES DUE TR N0. PARCEL NAME VENDOR MO. I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sates, as appears of record in the office, on the following described property, to -wit: . 1281:!,06 620803310000E; - MONFORT OF COLORADO INC BRUCE BARKER M/707 EXCEPT - *1986 TAXI=S - S432,10 _. Zi643 - STS w n 0 ON O no ‘S, • This does not include land or improvements assessed separately or special District assessments unless specifically requested. 1ST RAL F 1986 TAXIS PAID S2c6.05ii JULY 02, 1937 FRANCIS FRANCIS M. LOUSTALET w . -79 TREASURER OF wELO COUNTY iy _ • STATE OF COLORADO S. S. COUNTY OF WELD CERTIFICATE OF TAXES DUE TR NO. PARCEL NAME VENDOR NO. I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes; or unredeemed tax sales, as appears of record in the office, on the following described property, to -wit: 1281736 62020331000072 - il.NFORT OF COLORADO INC BRUCE PARKER M/702 ExCEPT— *1926 TAXES - SX,56.24 1 1 .7 ids_-, ,`.t1 G _._ .;',•itii This does not Include land or Improvements assessed separately or special District assessments unless speciticauy requested. 1ST HALF 1906 TAXES PATD LILY . 1927 8'704'79 FRANCIS M. LOUSTALET ��' �•.�I= .t ::* TREAAASSS ERR F WELD COUNTY, %I h7 C7 o� 0 o� 5� z K 0 Si N z F z N t-+ m, p CI a C CO 7J t--• H t� tr] � H Y 2v 7 CO � V N .P n o� 0 no o By _ EXHIBIT "C" REAL PROPERTY TAX AGREEMENT FOR 1987 TAXES TO DATE OF CLOSING THIS AGREEMENT is made and entered into as of the 10th day of July, 1987, by and between MONFORT OF COLORADO., INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of the real property and improvements which are described in the attached Exhibit "A," which real property and improvements are hereinafter referred to as "Parcels 1 and 2." Purchaser has received the sum of $563.55, which is payment for certainrealproperty taxes for Parcels 1 and 2 for the year 1987, proportioned to the date o£ closing, figured as follows: 1. Seller's portion of the 1987 real property taxes for Parcel 1, as proportioned to July 8, 1987, for the sale and purchase of Parcel 1. Using the 1986 taxes as an estimate for 1987 taxes: 1986 taxes for this property = $656.24 189 days up to and including July 8, 1987 $656.24 x 189/365 = $ 339.81 2. Seller's portion of the 1987 real property taxes for Parcel 2, as proportioned to July 8, 1987, for the sale and purchase of Parcel 2. Using the 1986 taxes as an estimate for 1987 taxes: 1986 tares for this property = $432.10 189 days up to and including July 8, 1987 $432.10 x 189/365 = TOTAL DUE FROM SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS 1 AND 2 UP TO THE DATE OF CLOSING $ 223.74 $ 563.55 n� O Y o r r v qm an 0 z� Z N T A M o Cm cn y� n zy n m t'+ J m z x 0-- � a P 0w r n z O C+: +/ zo o 0 o r r� n OC 0 n o oVJ 8'704'79 Page 1 of 2 Pages IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. +� . t- tiff 7tsik.tj �o1in� erk and Recorder oard By: Deputy OCount clerk PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic o£ the State of Colorado, by and through the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO SELLER: MONFORT OF COLORADO, INC.; Delaware corporation O Fs o a� h: V gb 0 z to K 0 > N Z N Ztri N 'r] a C(X) _= Y H e- n ----. H •-• z� ti m �] T z a a :U 425 L+J n 0 c PC o Z 6 M o C b O O 1/40 _ o n o OV, s7941- : J Page 2 of 2 Pages I ICI Lq�.• ..• it,• . nl ••H Iona • J ••1 CulubS.. Ilul l.%IA< COJId•.SWin INS-eC-1-711 S EA'EP:w E: : i'± PROPERTY ADDRESS Nin 1 SELLERtionfort of Colorado, Inc. SETTLEMENT D.r1.'i'3? LEGAL DESCRIPTION: See the attached lxhi;,ly ' 1. Selling Price 2. Deposit, paid to 3. Trust Deed, payable to 4. Trust Deed, payable to 5. 'crust Deed, payoff to G. Interest on Loan Assumed 7. Title Ins. Premium Paid by Seller 8. Abstracting: Before Sale 9. After Sale' 10. Title Exam. by 11. Recording: Warranty Deed Exempt as per Sect :)r al -;-103, CRS 12. Trust Deed 13. Release 14. Other Weld County, Colorado, a body vi'I:I ilAsER Corporate and Politic of the State o£ Colorado i E U1' ItoltivriON July at 1987 _ Uella Credit 368,750 00 I ss I i 1 15_ Documentary Fee Exempt as per Section 39-111-I0)), CRS I 1 16. Certificate of Taxes Due f i i � 17. Taxes for Preceding Year (s) See attached 1>.)1, c 1,1z. "IYI 544 117 18. Taxes for Current Year See attached Exl,ibf;. v ` 563155 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes Hazard Ins. Prem. Assumed —Policy No. $ Yr. Term Expires Premi un $ Days Unused at 23. Premium for New Insurance 24. Hazard Ins. Reserve _ 25. FDA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Pee (Seller) 29. Interest on New Loan `0. Survey and/or Credit Report 31Appraisal Fee - 32. Water and/or Sewer 33. Rents 34. Security Deposits 36. Loan Tra.nsfer Fee 36• Loan Payment Due 37. Broker's Fee t Sub -Totals glance dueto/from Buyer TOTALS She above firuirea do not include sales or use tales on personal pro; y i I 1 e per day 1 i 1 _ 1 i 11 AI'PRo :I) :Ind Ac'CE fED Seller Monfort of Colorado_ Inc. 1,107 72 11368,750 I0 ' I 367 128 1368,750100 368,750 I 00 .P4 8704'74 c ��_, .c-- —3 6 North, Range 65 West of conveyed by Deed recorded , being more particularly of Section EXHIBIT "A" Parcel 1: The Northeast }“of_Section,31, Township 6 North, :Range 65 West of the 6th P.M., Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas. Parcel 2: The Northwest } of Section 31, Township the 6th P.M., Weld County, Colorado, EXCEPTING THEREFROM a tract of land as July 28, 1903, in Book 207 at Page 398 described as follows: The South 120 acres of the Northwest § North, Range 65 West o£ the 6th P.M. Faso, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest $ of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follow=_: COMMENCING at a point on .North line of South 120 acres of Ni of said Section 31, a distance of 500 feet East from Northwest corner cf said 120 acres, thence North in a direct route to public highway on the lire common to Sections 30 and 31, Township 6 North, Range 65 west of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North } of the North } of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded_ July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest } of said Section 31 lying North of the North line of the South 120 acres of said Northwest } , South of the South line of the North ? of the' North } of said Northwest i and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie South of the North 44.32 acres thereof and North of the South 120 acres thereof. Township 6 8'764'79 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas. 870479 EXHIBIT "B" REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES THIS AGREEMENT is made and entered into as of the 10th day o£ July, 1987, by and :between MONFORT OF:CODOP.ADO, INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of the real property and improvements which are describes: in the attached Exhibit "P_," which real property and improvements are hereinafter referred to as "Parcels 1 and 2." Purchaser has received the sum of $544.17, which is payment for certain real property taxes for the Parcels 1 and 2, figured as follows: 1. Second half of 1986 real property taxes for Parcel 1 which is still due and payable: $ 328.12 See the attached Tax Certificate from the Weld County Treasurer for Parcel 1. 2. Second half of 1986 real property taxes for Parcel 2 which is still due and payable: $216.05 See the attached Tax Certificate from the Weld County Treasurer for Parcel 2. TOTAL DUE FROM. SELLER FOR 19S6 REAL PROPERTY TAXES WHICH ARE STILL DUE AND PAYABLE $544.17 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. r ATTEST: Weld County Clerk and Recorder and Clerk to the Bszard By: Deputy /County,lerk PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of the. State of Colorado, by and through the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO By: Chairman Page 1 of 2 Pages X3'70479 NOft£ORT 0£ COLORADO, Delaware corporation STATE OF COLORADO ) 3 S. S. COUNTY OF WELD CERTIFICATE OF TAXES DUE 1, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in the office, on the following described property, to -wit: TR NO, PARCEL NAME VENDOR NO_ EXCEPr— i _'S1396 I`:L.if`%C�..3 U. 00.3COLORADO INC T7:RUCE BARKER M/707 TAXES -- t432.10 r • This does riot include land or improvements assessed separately or special District assessments unless specifically requested. iS`i HALF 1,966 TAXES PAID S-2.6,015* JULY 02, 19E.;7 FRANCIS M. LOUSTALET T RE�A$URER OF WELD COUN,T,/Y/-G/ //� � f STATE OF COLORADO S. S COUNTY OF WELD CERTIFICATE OF TAXES DUE I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in the office, on the following described property, to -wit: " TR NO, PARCEL NAME VENDOR NO. ExCEPT— ;l 8'I 86 620803%07.2 — MONFORT OF COLORADG INC Mi708 • f. 3823 NE4 ar This does not include land or improvements assessed separately or special District assessments unless bpecifically requested. iST HALE S 9Cd TAXES PAID $:328,r)* JULY 02. 5 9c3 T FRANCIS M. LOUSTALET TREASURERLJF WELD COUNTY - By 41 4. cL EXHIBIT "C" REAL PROPERTY TAX AGREEMENT FOR 1987 TAXES TO DATE OF CLOSING THIS AGREEMENT is made and entered into as of the 10th day of July, 1987, by and between MONFORT OF COLORADO, INC., a Delaware corporation, with corporate offices at 1918 PA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of the real property and improvements which are described in the attached Exhibit "P_," which real property and improvements are hereinafter referred to as "Parcels 1 and 2." Purchaser has received the for certain real property taxes 1987, proportioned to the date sum of $563.55, which is payment for Parcels 1 and 2 for the year of closing, figured as follows: r 1. Seller's portion of the Parcel l,,,as proportioned and purchase of Parcel 1 estimate for 1987 taxes: 1988', real property taxes for to July 8, 1987, for the sale . Using the 1986 taxes as an 1986 taxes for this property 189 days up to and including $656.24 x 189/365 _ $656.24 July 8, 1987 $ 339.81 2. Seller's portion of the 1987 real property taxes for Parcel 2, as proportioned to July 8, 1987, for the sale and purchase of Parcel 2. Using the 1986 taxes as an estimate for 1987 taxes: 1986 taxes for this property = $432.10 189 days up to and including July 8, 1987 $432.10 x 189/365 = TOTAL DUE FROM SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS 1 AND 2 UP TO THE DATE OF CLOSING $ 223.74 $ 563.55 Page 1 of 2 Pages 8704'79 IN WITNESS WHEREOF, the parties have executed this Agreement 'the day and -year first -above -written. PURCHASER: ATTEST: atMvl;Agiutiz;i Weld County dderk and Recorder and Clerk to the,8oard Ey: Deputif CO nClerk • WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the BOARD OF COUNTY comMISSIONERS, WELD COUNTY, COLORADO By: SELLER MONFORT OF COLORADO, INC., a Delaware corporation. r Page 2 of 2 Pages 8704'79 NORTHERN COLORADO WATER CONSERVANCY DISTRICT APPLICATION FOR. CHANGE OF CLASS D ALLOTMENT CONTRACT ARTICLE I - FOR RELEASE OF EXISTING CONTRACT Section 1; the records of Weld Co ty Colorado, show at Book 1045 -Page Reception 0 the description of lands to which a District allotment of 23 acre-feet of water was ordered by the Soyrd of Directors of Northern Colorado Water Conservancy District. Said lards are described in Section 2 of this Article, Section 2t FIRST DESCRIBED LANDS APRIL, 1967 or F Im 164 Sec. Twp, Rge. That portion of N 44.39 ac of NWznyjag F. of, raras__aaad 3r Fti ''F5iJ I Section 3: The undersigned owners and nenholders of ell portions of the above "First Described Lands" hereby join In applying for the release of the allotment and accompanying tax lien from Said "Fvst Described Lands" and the disposition lhcreOf Js indtcated in Art.eie5 II cnd/or 111 of this Application. Y SIGNATURES OF ALL RECORD OWNERS AND LIENHOLDERS FIRST DESCRIBED LANDS Signatures Address Weld County, a body politic and corporate of the 915 Tenth Street, Greeley, Colorado Stria State of Colorado, by antithrothe Ward of County r can i s oners By Gordon Lacy 7 (Signatures must be acknowledged in space provided on back of this Corn) ARTICLE II — FOR ALLOTMENT OF WATER TO LANDS Section 1: The undersigned owners and lienholders of rho hereinbe:ow "Second Described Lands" hereby join in this application for the purpose of assigning the benefits of the allotment contract and attaching the accompanying tax lien to the "Second Described Lands" in the amount and le the extent shown in Section $ of this Article. Section 2: SECOND DESCRIBED LANDS tinc!ude rc description of "First Described Lands" if a portion of the allotment r, to be reassigned thereto. Also, enter description of any other !and to which water is to be transferred.) Names of Owners Carrier Ditch Land Description Sec- Twp. Rge- Acre Feet Monfort of Colorado Nev C•arhe H11 oiSec.: Fxr_ F��E? • Fxr all Tnr. I exist. R/W & ease 30 6N 65W 9- I et ton 3: App scants agree that the following terms and eondlttons shall apply to any swatter allotment contract which results f orn an Order of the Boot based upon this ap liCatlon: 1I I Applicants shall PM/ for the amount of water contracted and allotted hereunder by the Board of Directors of Northern Colorado Water Conservancy District at a rate to be fixed annually by said Board for each acre-foot so contracted. (2) The sUotment contract shall be for benchcill use of water as a supplemental trr: ation supply upon the hefeinabove "Second Described Lands," and the annual charges therefor shall be a tax lien upon said lands. However, the use of the water shoN not be limited 5olcy to the destribed :ands. (3) An acre-foot of water as re.erred To herein is defined as being one -three -hundred -ten -thousandth 11; 31 C,CD01 0`. the Quantity of water annually declared by the Board of Directors of the D:;:rice to oc available for ddrvory from the syaxr Su9ptnes of the District. The water dein/Cry Obligation of the }strict shall terminate at any delivery point from which water is released from the works of the District, Further, on November 1 of, each year, any water un- CeirvnrCd f!OM 'ha annual Quantity made available to the APpLeant shall revert to the water supplies of the Gstrict, (tit Applicants, successors, and assigns shall be bound by the Water Conservancy Art of Colorado: by the Rules and Regulations of the Board of Direrers of the District: and by the repayment contact of July 5. 1938, between said Detr:et and the Un.sed States and all amendments :hereof and supplements thereto. SIGNATURES or ALL RECORD OWNERS AND LIENHOLDERS SECOND DESCRIBED LANDS Signatures Address Monfort of Colorado, Inc. by Kenpeth Monfo. P CL_Box_C CrePley, Colorado 8115?➢ 35(1 (Signatures must be acknowledged in space provided on back of this form) ARTICLE 111 — FOR IDENTIFYING THE MUNICIPALITIES, DISTRICTS, CORPORATIONS, ENTITIES OR PERSONS WITH WHOM OTHER TYPES OF CONTRACTS ARE TO BE MADE FOR ALL OR PART OF THE ALLOTMENT DESCRIBED IN ARTICLE [- Section 1: Names of entities or persOns intending, to apply for a contract covering any portion of the allotment described in Article I .which is •,sot assigned tO lands in Article 11, Acre Names Addresses Feet ORDER ON APPLICATION As parties !nteresmd in the District allotment described in Artiete I hereof having made appGmeon ter the release and reallocation or transfer of acre-feet of water and for the appropriate alteration of the existing tax lien: and, after a Hearing by the Board of Directors, h is hereby Ordered that: (:) The allotment of acre-feet is hereby removed fron the lands described in Article 1 hereof, cod the accompanying tax I:en is hereby released from said lane:, (2) Disposition of the acre-feet involved in this application shall be a•. follows: a. An allotment eentraet for beneficial use of acre-feet is hereby made and a tax lien iherefOr shalt hereafter attach To lands described in Article 11 in the amount, to the extent, and under the terms se' forth in said Article. b. As an Integral part of this Order, the President and Secretary of the District are hereby authorized and directed to execute the apptoDrtate a:Imrrent contracts with the entities or persons named in Article 111 for the beneficial use of -ere-feet of µyen, NORTHERN COLORADO WATER CONSERVANCY DISTRICT Py President I hereby ccrtif,• trUlt t11D a13B5't: Qrder cmm-c4 ?)y Eh^ Pireft3?S of orthern ge)Pr?11P Dater Conservancy District on the day of A D 19 ATTEST: Secretary a : 04'79 STATE OF COLORADO County of ) ) ss ) The foregoing instrument was acknowledged before me this day of A D. 19 bY Witness my hand and Seal. My commission expires' STATE OF COLORADO County of ) ) ss ) The foregoing instrument was acknoHlodged before me this Notary Public Address' day of , A D. 19 by witness my hand and Seal. My commission expires: STATE OF COLORADO County of ) )ss ) The foregoing instrument was acknowledged before me this Noary Public Address: day of A D. 19 by Witness my hand and Seal. My commission expires: Notary Public Addtess: 0479 February 1979 From: Board of County Commissioners Weld County 91.5 Tenth Street Greeley, Colorado 80631 OWNERSHIP AND ENCUMBRANCE REPORT for NORTHERN COLORADO WATER CONSERVANCY DISTRICT To be attached to all applications for change of Class "D" Allotment Contracts. It must be executed by a practicing attorney or bonded abstract company. Date: July 15 , 1987. I. LAND DESCRIBED IN ARTICLE I OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT." (1) Description of property to which allotment is presently attached is as set forth in Article I, Section 2, of the attached application, and is located, as described therein, in Section(s) 31 , T. 6 N., R. 65W. of 6th P.M. (Complete re -description not required herein) (2) As of the above date, record title is vested in the following: (The purpose of this Opinion is to determine the owners, lienholders, and others having an interest of record in said property, and whether all or any portion of the tract to which the original allotment was made has been conveyed or divided in ownership. It is imperative, therefore, that the status of the title to ALL of the land described in Paragraph (1) above be shown in this Paragraph (2). If land has been divided, attach separate sheet if necessary to reflect descrip- tions and ownership of each respective parcel.) Weld County, a body corporate and politic of the State o£ Colorado (3) The property described in Paragraph (1) above is subject to the following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) -- DO NOT INCLUDE FINANCING STATE- MENTS FOR PERSONAL PROPERTY SUCH AS LIVESTOCK, CROPS, AND EQUIPMENT, ETC.: None 870479 II. LAND DESCRIBED IN ARTICLE II OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT." (Omit this Section II if no water is to be attached to lands on the accompanying application.) (1) Description of property to which allotment is to be reallocated or transferred as shown in Article II, Section 2, of application is hereby certified as correct. (If not correct, attach correct description on separate sheet.) (2) As of the above date, record title to the land, or tracts of land, described in Article II, Paragraph (1) above is vested in the following: (Identify separate tracts) Monfort of Colorado, Inc. (3) The following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) are of record against the property or properties described in Paragraph (1): (Identify separate tracts) DO NOT INCLUDE FINANCING STATEMENTS FOR PERSONAL PROPERTY, SUCH AS LIVESTOCK, CROPS AND EQUIPMENT, ETC.: None III. CERTIFICATE. The undersigned (an Attorney licensed to practice law in the State of Colorado or a bonded Abstract Company) hereby represents that the foregoing statements are true and accurate to the best of (his) (its) knowledge and belief, and hereby acknowledges full and complete under- standing that this opinion is an integral part of an application for transfer or reallocation of the herein -described Allotment, and that the Northern Colorado Water Conservancy District will be acting in reliance thereon in the granting or denying of said Application. SIGNED this 15th day of July , 1987. Attorney -at -Law Abstract Company (SEAL) (if Abstract Company) By 8'70473 September 15, 1987 The following items were mailed to Monfort of Colorado concerning the purchase of property by Weld County located in 65-6-30: 1. One copy of the Purchaser's Statement of Settlement 2. One purported copy of the Agreement for Sale and Purchase of Real Estate Including Land and All Improvements 3. One copy of the Resolution re: Addendum to agreement for Sale and Purchase of Real Estate 4. One purported copy of the Warranty Deed w/attached Exhibit A 5. One purported copy of the Quit Claim Deed 6. One purported copy of the Warranty Deed excluding Oil and Gas 7. One copy o£ the Seller's Statement of Settlement _n r � 0 F to Sic W —z 0 0 \o n1 Vb` 00 O 0 e) W CO O z N $ Qa Uc) T. 3+ 0 0u-, (`r 2 oU zci: 0.o x T a o'e: a+ ozco ei CC w c F—' V 3:d."4 Ci N w a° is, 1i i !Fs !z, I TOI Al. Postage and Pons u 0 5861 aunt' •ppgt wand Sd nF _ P 3 .#: Complete Minn 1 end 2 whaYeddklonei services ere dplred, end complete inma 3 end'4. - Put your. eddra In the "RET "RETURN TO": Space on the reverie side, failure. to do this will prevent thie geed from. being returnedtoyou, Tht /,/turnr,� r!Gem }„Wili ntoYWtde y0y-the Mae in die OeDg11 gliggaged tOfing Moe date of deign? For Addition& ten dm following services ere evelteble. Consult requu W 2_ a RRtrk2ed ONiwry '.. _ 7(fixou chargeif per for ry OIMmee r Is end check box for addidonel seke(s) I. 0 Show delhered, date, td whom end addressed's est dress. - taNtra dueler- - 3. Article Addressed to: Monfort of Colorado, Inc. ATTN: KEN MONFORT 1918 AA Street Greeley, CO 80631 . _ 4 Ardde Nu . - 7--O/tom Type of service: Cl Registered ❑ trummd Vi Certified ❑ cop ❑ Esipnah^an' Aiweys obtain;signetum of addressee orageMand DATE DELIVERED - S. Signature — Addressee . - S. Addree e's Address (ONLY If requested and fee paid) - 8. Slgnetun t XnQ QL 7, Date of Del rY .. CFP 17-19.T -:.ss Farm 3811,'Mat 1487 e 11.6.0.*0.1b674-m2aa DOMESTIC RETURN RECEIPT C71-11 Stl9 I JUNE 1987 S PA T W T FS 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 30 15S7/7 RECORD OF PROCEEDINGS AGEIv"DA Monday, Jane 1, 198/ ROLL CALL: Gordon E. Lacy, Chairman C.W. Kirby, Fro-Te.: Gene R. BranUner Jacqueline Johnson Frank Yamaguchi MINUTES: Approval of minutes of gay 27, `_987 Tape #87-40 CERTIFICATIONS OF HEARINGS: Hearings conduced on May 27, 1987, as follows: )-nSR, Dinis; 2) Amend BSR, WC Corporation; 3) 3SR, Sheets; 4) Substantial Change in COZ Application, Johnson; and 5) ASR, Bragdon ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Envices - Yamaguchi REPORTS: 2) Engineering Services - Kirby 3) Health Se -vices - Johnson 4) Planning Services -- Brantner 5):Purchasitg & Personnel - Lacy COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider renewal request for 3.2% Beer License from Eugene Russell, dba The Little Store 2) Consider Resolution re: Approval of HUD Section VIII Voucher Program. 3) Consider request from Ken Lind, on behalf of Butcher Block Cattle Company, to pre -advertise USR 4) Consider 1987 Migrant Head Start Expansion and Cost of Living Grant and authorize Chairman to sign 5) Second Readiag of Ordinance #84-G, In Matter of Amending Ordinance #84-F and Setting Fees for Permits Issued by WC Engineer 6) Consider Resolutions re: Temporary closure of WCR 33 between WCR 70 & 72; WCR 72 between WCR 39 & 41; and WCR 26 between WCR 19 & 21} CONSENT AGENDA APPOINTMENTS: Jun 1 - Work Session Jun 1 - Fair Board Jun 2 - Planning Commission Jun 3 - Private Industry Council Jun 8 - Work Session Jun 10 - BOARD ME2TING CANCELLED Jun 11 - Area Agency on Aging Jun 12 - Placement Alternatives Commission Jun 12 - Community Corrections Advisory Board HEARINGS: REPORTS: Jun 3 - Show Cause Hearing, MS Corporation (cont. from 10/20/86) Jun 3 - Amend USR for an open -cut mining pit, WC Corporation (cont. from 5/27/87) Jun 3 - USR, Radio transmitter tower, Suckle Farms Jun 3 - USR, Agricultural service establishment in Agricultural Zone District: Hamilton Farms Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (S}SW#, 67-8-18) Jun 17 - USR, Single family residence an parcel of land under minimum lot size, Thomas McCauley (N}NW}, 67-8-18) Jun 24 - Creation of Local Improvement District #1987-1, Weld County Indianhead Subdivision Jul 1 - Amendments to WC Building Code Ordinance Jul. 1 - Amendments to WC Zoning Ordinance Jul 15 - COZ, A to PUD, Cecil W. Icing (cont. from 5/13/87) Jul 15 - USR, Commercial welding shop in Agricultural Zone District, Shawn C. Elworthy 1:30 PM 7:30 PM 1:30 PM 7:30 AM 1:30 PM 9:00 AM 10:30 AM 12:00 NOON 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 FM 2:00 PM COMMUNICATIONS: 1) Dept. of Highways Newaletter #87-20 2) Planning Commission agenda for June 2, and minutes of May 5 3) State Bd. of Land Commissioners - Notice of Oil & Gas Lease Alict'_c:. 4) Public Utilities Commission - Application #36939 PLANNING STAFF 1) ZPMH #1291 - Gleason APPROVALS: 2) RE #997 - Sandlin 3) RE #1012 - Aahenbrenner 4) SE #308 - AT&T 5) SE #309 - AT&T RESOLUTIONS: * 1) Approve Agreement with Esther Hagar and Maryann Hagar Myhr for sale and purchase of real estate * 2) Approve HUD Section VIII Voucher Program * 3) Approve Tavern Liquor License for Elmer and Clara Moore, dba Valley Hayloft, Inc. * 4) Approve USR, Dinis * 5) Approve USR, Sheets * 6) Approve Substantial Change in COZ application, Johnson * 7) Approve temporary closure of WCR 33 between WCR 70 & 72 * 8) Approve temporary closure of WCR 72 between WCR 39 & 41 * 9) Approve temporary closure of WCR 26 between WCR 19 & 21} * 10) Approve continuance o£ hearing - Amended USR, WC Corporation * 11) Deny USR, Bragdon ORDINANCE: 1) Second Reading of Ordinance #84-G, In Matter of Amending Ordinance #84-F and Setting Fees for Permits issued by WC Engineer Signed at this meeting 1. Copy of Resolution; Deed; Statement of Settlement for Seller and Purchaser; all mailed to Roy Schneider (copies only) 2. Purported copy of Agreement =nd Resolution; Deed; Statement of Settlement for . ;'er and copy of Statement of Settlement for Purchaser mailed to Mr. Zellhoefer in Waterloo, Iowa. 3. Copy of everything was given to Bruce. 870408 RESOLUTION i.od ov 0 u10 04• 4 A a o pu a 7} tit c a 0 Up� w P: .. w ra m U ;z Co ri �H 0 CO aN o • p, N o• 6N O CO1-I in r- .-• ON .-I .i Ca Pa RE: APPROVE AGREEMENT WITH ESTHER HAGAR AND MARYANN HAGAR MYHR FOR SALE AND PURCHASE OF REAL ESTATE 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, the Board has been presented with an agreement between Weld County, Colorado, and Esther Hagar and Mariann Hagar Myhr for the sale and purchase of a certain parcel of land, including all improvements thereon, and WHEREAS, said parcel of land is described as being located in the NW% NE1 of Section 1, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the purchase of said parcel is for the purpose of placing a grader shed at said location, and WHEREAS, after study and review, the Board deems it advisable to approve said agreement, 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 above mentioned Agreement for Sale and Purchase of Real Estate with Esther Hagar and Maryann Hagar Myhr, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. Ee00o fp 8'70408 APPROVED AS TO The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1987. nRecorder *d -1 FORM: Page 2 RE: PURCHASE'AG.EEMENT - HAGAR & MYHR W 0 00 0 .v O U 0 a o ATTEST: 'op4 hwweld a and Cl 0 O(� �0 OG M 2 r41 m U el Z 0Et W F o2 om5 v 1-4P4� Pa C2144 H o ra N O BY: Deput aunty ler 02 N r - r4 01 N ri W Pk BOARD OF COUNTY COMMISSIONERS WELD COTYCOLORADO EXCUSED DATE OF SIGNING - AYE Jacel' Johns 870408 AR21U2U14 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS o U THIS AGREEMENT, made at Gre,zley, Colorado, this 27th day of o May , 1987, between WELD COUNTY, COLORADO, a body -4O corporate and politic of the State of Colorado, hereinafter • "Purchaser," and ESTHER HAGAR and MARYANN HAGAR MYHR, c/o ROY o SCHNEIDER, Route 2, Eaton, Colorado 80615, hereinafter "Seller." a c WITNESSETH: oa '}wThat in consideration of the payment by the Purchaser to O Seller of the sum of NINE THOUSAND DOLLARS ($9,000.00), in cash, w and other good and valuable consideration, Seller agrees to sell a to the Purchaser and Purchaser agrees to purchase from Seller the co M following described real property: A Parcel of land approximately -i`° two (2) acres in size and all improvements thereon within the g following tract: Northeast 1/4 of Section 1, Township 6 North, a Range 67 West of the 6th P.M., Weld County, Colorado. Said aov parcel of land and all improvements thereon is hereinafter iz referred to as the "Parcel" according to the terms and conditions `� set forth _herein. a The agreement of sale and purchase of Parcelis subject to the following conditions: ... w c)w 1. Seller shall furnish to Purchaser a Warranty Deed o covering only the surface rights of the Parcel. Title insurance N may be provided by Purchaser at its option. 0 v° 2. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraph 5. Subject to payment or m tender as above provided and compliance by Purchaser with the ulw other terms and provisions hereof, Seller shall execute and � deliver a good and sufficient warranty deed to Purchaser on a date CQ certain set by Purchaser, conveying the property free and clear of all taxes, except general taxes for 1957, payable January 1, 1988, and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the recorded and/or apparent easements, and subject to building and zoning regulations and reserving all mineral rights to the Seiler. 3. General taxes for the year 1987 shall be apportioned to date of ` delivery of deed based on the most recent levy and the most recent assessment. 4. The -date of closing shall be the date of delivery of deed as provided in paragraph; 2. The hour and place of closing shall be designated by Purchaser. Page 1 of 4 Pages MIIMSINISIMMES 8'70408 s0 0 ov 0 N 0 u A a oW a3 o a nw 2 0 vWW �o rx ..w �g w 00 a ao v ▪ Z O N \w 4)&1 o2 w vp �w ow N o • a N 0 >, CO CO If) %Co ., ON qw 5. Except as stated in paragraph 2 and this paragraph, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before the date of closing, Seller shall use reasonable efforts to correct said defect(s) prior to the date of closing. If Seller is unable to correct said defect(s) on or before the date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before the date of closing, the date of closing shall be extended thirty (30) days for the purpose o£ correcting said defect(s). Except as stated in paragraph 2, if title is not rendered merchantable as provided in this paragraph 5, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect(s), Seller may, within said thirty (30) days, obtain a commitment for a title insurance policy in the amount of the purchase price and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such title insurance policy. 6_ Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored, or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, cr both_ (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both_ (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract., the court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 7. Possession. of Parcel shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. Seller shall assume all costs of compensating any tenants or Page 2 of 4 Pages 870408 leaseholders for any damages as a result of the taking of any remainder. to 0 MO C.) A a ow c3 o C4 O v w en a M r g r- a co U M Z CD 14 �o F 0CA v M o w o v, N oDig N 6 U a co a+ u� m r+ , g 8. The Seller represents and warrants as the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the .transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument` or other verbal or written agreement to which Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 9. The sale herein contemplated is contingent upon an adequate percolation test for septic system. Said test shall be paid for by Purchaser.. This Agreement shall be void if the results of said percolation test indicate to Purchaser that percolation on the subject Parcel is inadequate for Purchaser's purposes. 10. Purchaser agrees to obtain a survey of the subject Parcel prior to the closing date so that a more accurate description ,of Parcel may be contained in the warranty deed as required by paragraph 1. IN WITNESS HEREOF, the parties hereto have subscribed their names this .27th .day of May 1987. ATTEST: I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk andRecorder and Clerk to the Board �it (la mp p Deputy County Clerk By: By: chaser (The following Section to be completed by Seller) Signed this 19th day of MaL , 1987. SUBSCRIBED May AND SWORN to before 1987. WITNESS my hand and official se ary P Richard G. Zell hoe My commission expires: 8-15-87 Page 3 of 4 Pages .a: ! ....• f -I t 8'70408 Notary Pio My commission expires: 8-15-87 Richard G. Zellhoefer� !at M -_--_ — __. S-yok _ Par.: AR2102013 _�No. U 0 2 O U \O M .. sts e -t tig w co � qp v..> r -t Z O H "N. EA SO Ea O CO fYi M N ..w O tr. N o� o N O Ua w� a co so kf)� H o1 e -t H rG G. Racorder c l��irtanl� Teat THIS DEED is a conveyance of the real property described below, includ ng any improvements and other appurtenances (the "property") from the individual(s), corporation(s), tartnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE .will pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions". The specific terms of this deed are: GRANTOR: (ewe nan+ets)and placers) of residence: if the spouse of the owner -grantor is pining in this Deed to :Aram, homearad nehts, identify grantors as husband and wife.) Esther Hagar and Maryann -Hagar Myhr, c/o Roy, Schneider, Route 2, Eaton, Colorado 80615 GRANTEE: IGve namety and addressfes), statement of address. including available road or sheet number_ is required ) Weld County, Colorado, a body corporate and politic of the State of Colorado FORM OF CO -OWNERSHIP: (If there are two or more grantees named. they will be considered to take as tenants in cc. _iron unless the words "in joint tenancy" or woods of the',Arne meaning are added ,n the space below.) PROPERTY DESCRIPTION: ;Include county and state.) See the legal description of the attached Plat of Survey, denoted as Exhibit "A." CONSIDERATION: flhe stalemenl of a dollar amount K optlOnal; adequate <Onaideration for this deed .i dl he presumed unless this r unvesance is *ermined as a gift; in any case this. conveyance Is absolute: final and uncondpnonal ) NINE THOUSAND AND NO/HUNDREDTHS DOLLARS RESERVATIONS -RESTRICTIONS: rii the GRANTOR intends to reserve any interest in the property or to convey less than he owns. or if the GRANTOR is restricting the GRANT(US rights in theproperty. make appropriate indication ) Any and all mineral interests lying beneath the above -described property. ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.) Signed on Attest: STATE OF GOKCIR NCO ) COUNTY OF ) zz. The foregoing instrument was acknowledged before me this by WITNESS my hand and official seal_ My commission expires: STATE OF IOWA- ) COUNTY OF BLACK HAWK )55" The foregoing instrument was acknowledged before me by i.sther Hagar and Maryann Hagar Myhr.: WITNESS my hand and official seal. My commission expires: 8-15-87 Notary Public "..,, _%:day of Grantor . 19 • 1977 UPDATE LEGAL FORMS P.O. 8OX 1815, GREELEY, COLORADO 80632 •Se ♦ t0T ►` NO. 201 870408 PS Form 3800, June 7985 1 "1 t, 8'70408 .:-,P.L AT OP SUR�/EY EXHIBIT "A" a V O . 0 V a .a 'oW ar ca A Q p$ al :. la f ri g t- A ao Uco M '. O H 07 o ai a+ W o N a ti N 0 >< v, al w x;.1,/4 COR. N.89° 24'2 2" E.. W.C.R. 74 0 tD` M COR. SEC_ 1-T6N: R.67w. a M in a SCALE 14.100` O O -FOUND PIN vi 0 —SET PIN LECAI. PESC CPTION a tract of Iand located in the Northwest Quarter of the Northeast Quarter iN'6:1..NE1) of Section 1, Township 6 North, Range 67- West of the 6th P.M.. Weld County, Colorado, being more particularly described as fellows: --Beginning at the North Quarter Corner 004 Cor) of. said Section 1 and considering the North line of said Section 1 as bearing North 89° 24'22" East with all other bearings contained herein relative thereto; Thence North 89`24'22" East along said North section line, 36.00 feet; '.hence South 00°35'38" East 30.00 feet to the TRUE POINT OF BEGINNING; Thence North 89°24'22" East, 220.00 feet; Thence South 00°35'38" cast, 396.00 feet; Thence South 89°24'22" West, 220.90 feet; Thence North 00°35'38" 'lest, 396.00 feet to the TRUE POINT OF .BEGINNING. Said described parcel contains 2.00 acres, more or less, ar3 is subiect to any: rights-�of-way or other easements -as recorded by ia�stru� ments of record or as -nor ef:isting en said described parcel of land. .SURVEYOR'S CERTIFICATE Ldp. hereby certify that I have.pcepared this plat and legal desert accurate-.aurvey.;of the land completed on April 4,-1987 -and t hereon were properly placed under my supervision. ESTHER a MARY ANN HAGAR PROJECT: 1987-62 Jas • r 're. i o: S'704 Cola do P,EkliN}S: 4392 t.e& \\ �� ' :Yqt en�\�I \O. FREESEENGINE.ERiNG''�•.,,srA'TEro,�°1PR(L, 1987 s Y V J the printed portion of this form approved by. the I Colorado Real Estate Commission'. tSS6d-1111 STATEMENT OF SETTLEMENT SELLER'S ❑ PURCHASER'S El PROPERTY ADDRESS N/A Esther Hager and Mary Ann Myhr SELLER c/o Roy Schneider LEGAL DESCRIPTION: Weld County, Colorado,: a ooay PURCHASER corporate and politic of ;the Stateof Colorado, DATE OF PRORATION Credit 9000 00 1. Selling Price 2. ' Deposit, paid to 3:;" 'Trust Deed, payable to 4:: Trust Deed, payable to 6. Trust Deed, payoff.to 6.Interest on Loan Assumed 7. ' Title Ins. Premium Paid by Purchaser 8. Abstracting: Before Sale —IL9. After Sale I 10. Title Exam. by 11. Recording: Warranty Deed Excempt-530-1-103, C.R.S. 12.' Trust Deed 13: Release 14. I Other lb.- Documentary Fee' Exempt 339-13-102, C.R.S. 16. Certificate of Taxes Due 17: Taxes for Preceding Year(s) 18.- Taxes: for' Current Year 19. Tax Reserve I, 20. Special Taxes I 21. Personal Property Taxes I j No. Co. 22. Hazard Ins. Prem. Assumed —Policy $ Yr. Term Expires Premium $ Days Unused at 0 Per daY 23.. Premium for New Insurance l 24. Hazard Ins. Reserve }j 26.• FHAMortgage Ins. Assumed 26 FHA Mortgage lns. Reserve r 27: Loan Service Fee (Buyer) c i 28. Loan Discount Fee (Seller) 29. "Interest on New Loan : 30. Survey and/or Credit Report 31: Appraisal Fee 32. Water and/or Sewer 33.' Rents 34. Security Deposits 36 Loan Transfer Fee 36, Loan Payment DUB . 37:; Broker's Fee , 9000 00 Sub -Totals IROIDWIROXIDatInthiric Balance due taltrom'Buyer 9000 00 . �. 9000. 00 9000 -90 The abovellgures do not include sales or use taxes on personal property APPROVED and ACCEPTED t Z! tg do ATTEST: mast • iQ Gti t9tn�w1'T>tirt/ Weld County Cllrrk aad-Recorder and Clerk to the Board - 1 (10/71,012en,, Deputy County lerk 8'70408 Form No. C.8N: Thr. printed portion of this tom appro•ed'tf 1 Colorado Real Estate Cymmi.Qpy. t$9{d-R}q - STATEMENT OF SE'T'TLEMENT SELEEWStg PURCHASERS 0 PROPERTY ADDRESS N/A Esther liagar.and :Maryann SELLER c/o Roy Schneider I SETTLEMENT DATEDATE OF PRORATION Hagar' Myhr Weld County, Colorado, a body puitenAsEi ail politic of the State o£ Colorado LEGAL DESCRIPTION: Debit Credit 1. ; Selling Price 9000 00 2. Deposit, paid to 3: ` - Trust Deed, payable to 4. Trust Deed, payable to 5. Trust Reed, payoff to r� , 6. Interest on Loan Assumed 7. Title Ins. Premium Paid by Purchaser 8. Abstracting: Before Sale 9. After Sale f 10. Title Exam. by 11. Recording: Warranty Deed Exempt '330-1=103, C.R.S. 12. Trust Deed 13: Release 14. _' Other 15. Documentary Fee Exempt 339-13-102, C.R:S. 16. Certificate of Taxes Due' 17.: Taxes for Preceding Year (s) 18.' Taxes: for, Current Year . 19...Tax 'Reserve 20.- Special ;Taxes 21:' Personal Property Taxes 22. Hazard Ins. Prem. Assumed- -Policy No. Co. ;- Yr. Term Expires Premium $ Days Unused at ¢ Per daY 23._ Premium for New Insurance 24.?— Hazard Ins. Reserve 25.; FHA Mortgage Ins. Assumed 26: FHA Mortgage Ins. Reserve 27.' Loan Service Fee::(Buyer) 28.a Loan DiscotuitFee (Seller); 29.:' Tntereat'on New Loan " 30. ' Survey and/or Credit Report 31.' Appraisal Fee i 32.. Waterand/or Sewer 33. Rents 34. Security Deposits 35.' Loan Transfer Fee 36.'' Loan Payment Due 37.; Brokers Fee Sub -Totals :` 9000 00 Balance due to/from Seller 9000 00 TOTALS 9000 00 9000 00 The above figyres do not include sales or use uses on personal: property APPROVED and ACCEPTED $iiiEISelle¢ -it; FLther Hagar i 71 /, Pag /Seller' / /7 i -.; . , . , / A Maryann Hagar Myhr ; Fnrm NO. C•8}G Broker By 8'70408 Transamerica Title Insurance Services r.Bruce 'T. Barker, Attorney 915 10th Street Greeley, CO 80631 Traraa�r�eerrea TIt19 indbrance Company We are pleased to have the opportunity to be of service. Enclosed is �i .` l *1,71", erE�a E � N � f ti/1 +a g 81987 al ;41 it GREELEY.; COLO. 8'70408 rum No. 721 rFORM NO. C-5000 - - : ...... Colorado Region Form 342- - ALTA Owrnra Policy —Form B -1970 -. Amendad 10-17-70• POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY t 4 1 4 i y i n 4 1 4 1 SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS 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 Company may become obligated to pay hereunder, sustained or incurred by the irmured by reason of: 1. 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 Lade of aright of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duty authorized officers as of Date of Policy shown in Schedule A 4 Transamerica Title Insurance Company By .12 7j4? Is $A0 President every v 8'704©8 SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law; ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement. now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such lave, ordi- twice or governmental regulation_ 2. Rights of eminent domain or governmental rights of police power unless notice of, the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created; suffered, 'Assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant ;acquired an estate or interest insured by this: policy and not disclosed in writing by the insured claimant to the Company prior to the date itch insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest, insured by this policy. CONDITIONS AND STIPULATIONS T. DEFINMON OF TERMS The following terms when used in this policy mean: (a) "insured the insured named in Schedule A, and, subject to any rights Or defenses the Company may have against the named insured, those who succeed tothe interest of such -insured -by operation oflawas distinguishedfrom purchase including„but -not limited. to, heirs,:distributees, " devisees,survivors,. personal representatives, next ofkin, or corporate or fiduciary. successors. (b) "insured claimant an insured claiming lass or dam- age hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an: insured by reason of any public records. (d). ?nand":'the -land described; specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term 'land" does not include any :property beyond ;the lines of the area -specifically described or referred et* in- Schedule :A, nOr any nght, title, "interest,estate or easement in abutting' streets, roads, avenues, .alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent -to -which aright of accessto and from the land is insured by. this policy (e). "mortgage": mortgage, deedof trot, trust deed; or :.other security instrument. (f) "public records": those "records which by taw impart constructive notice- of matters relatingto said land_ 2. CONTINUATION OF: INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall Continue in force as of Date of Policy. m favor of an insured so long as ;Ruch insured retains an estate orinterestin the land, orholds au indebted- ness secured by a purchase money mortgage ggiven, by a pur- .:chaser from. such insured, orso:long:; as such insured shall haveliability by :reason of covenants of warranty made: by such insured in any transfer or conveyance of such. estate -or interest; `provided, however, -this policy shall 'not continue in force in favor of any purchaserfrom such insured of either said estate or"interest orthe indebtedness.. secured by a pur- chase money -mortgage given; to such insured.<: .. 3. DEFENSE AND PROSECUTION :OF ACTIONS — NOTICE- OF CLAIM TO 6E .GIVEN 6Y AN INSURED CLAIMANT (a) The Company, at'its own cost and withoutunduedelay,: shall provide for the defense of an insured.. in all litiga- tion consistingof actions- or proceedings commenced :against Such insured,, or a defense' interposed against an insured in an ' action to enforce contract for a -sale of the estate or interest in said land, to the extent that such litigation is founded upon -art alleged defect: lien, encumbrance,: or other matter insured "against by this policy. (b) The insured shall notify the Company promptly in writing (i) in caseanyaction or proceeding is begun or de- fense is interposed as set fortlt in (a)above, (ii)in case knowl- edge shall come to aninsured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured. and which might cause loss or damage for which the Company may be liable by. virtue of this policy, or (iii) if title to the estate or interest, as ..insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of. the Company. shall cease and terminate in regard to .the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no ease prejudice the rights of any suchinsured under this policy unless the Company shall be prejudiced by such failure and then only to theexter.t of such. prejudice. (c) The Company shall have the right at its own. cost to. institute and without undue delay prosecute any action or proceeding or to do any otheractwhich in its opinion may be. necessary or desirable to establish the title to the estate or interest as insured, and the Company may talce any appro- _nriate action under the terns of this policy, whethe-or not itshall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy: (d) Whenever the Companyshall have brought: any action or interposed a defense as required: or perinitted by the pro- visions of this policy; the Company may pursue any such litigation to final determination by a court of competent juris- dictionand expressly reserves the right, in its sole discretion,. to appeal from any adverse judgment or order. (e) to all cases where this policy permits or requires the - Company toprosecute or provide for the defuse of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals thereat, and permit the Company -to use, at its ortiOn, the name o° such insured for such purpose. Whenever requested by the Company,such insured shall give the Company all reasonable aid in any such . action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company stall reimburse such insured for any expense so incurred:. 4. NOTICE OF LOSS — LUMTATION OF ACTION In addition to the notices .wired under paragraph 3(b) of these Conditions and Stipulations,a asatement in writing of any loss or damage .for which it is claimed the Company is liable under this policy shall be furnished to the -Company within 90 days after suer loss ordamage shall haste been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall: have been furnished. Failure to furrish such statement cf-'s-or damage: shall terminate any liability of the Company under-thispolicy as to such Ions or damage. : Continued on Front of Back Cover 870408 Continued. from Back of: Front: Cover S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an .insured claimant any claim in- sured against or to terminate all liability: and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such. payment or tenderofpayment,by the insured claim- ant and authorized by. the Company; 6. DETERMINATION. AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposedupon an insuredin liti- gation carried. on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured withthe written authorization of the. Company. (c) When liability has been :definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice: (b) in the event of litigation until there has been final determination by a court ofcom- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title. as insured; as provided in paragraph 3 hereof; or (c) for liability voluntarilyassumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsementofsuch payment unless the policy be lost or destroyed, in which case proof of such loss ordestruction shall be famished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this polity, or (b) a mortgage hereafter, executed by an insured whichis a charge or lien on the estate or interest described or referred to in Schedule A, and ,the 'amount so paid -shall .be deemed a payment under this '. policy: The Company :shall have the option to apply to the pay- ment of any such: mortgages any amount that otherwise: would be payable hereunder to the insured owner of the .:estate or interest-evvered by this policy and the amount so paid sh.CI be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used asasingle site. and a loss is estab- lished affecting one or more of said parcels but not all, the .loss shall be computed: and settled On pro rata basis as if theamount of insurance under this policywas divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy. unless a liability or value has cthenvise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown bean express statement herein or by an endorsement attached hereto. 71. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Conwny shall: have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall besubrogated to and be entitled to all rights and reme- dies which such insured claimant would havehad against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary, in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies M. the pro- portion which said payment bears to theamountof. said loss. If loss should resultfrom any ad of such insured. claimant, such act shall not void this policy, but the Company, in .that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed theamount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO. THIS POLICY Thisinstrument together with all endorsements and other • instruments, if any-, attached hereto by the Company is the entire policy and connect between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting, such claim, shalt be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this polite,: can be made except by writing endorsed hereon or attached hereto signed by either the President, a: vice. President, the Secretary, an Assistant Secretary, or validating officerOr authorized signatory of the Company. 13. NOTICES, WHERE. SENT All notices required tc be given the Company and• any statement in writing required. to be furnished the Company. shall he addressed to Transamerica Title Insurance Company, P. O. Box 605, Denver, Colorado 80201.' i 870408 f1.}� rl J � v u .r v-.��y • r h r__ __„.___,. .___-_, __,---- . ---,- - ---- me a 2 g 1H ea p f - ii4 m im y viis' Gca E m 8 ..11111 . I! . 11 . Ii . U . U . 11 . Ii . h . P . I I r2 s a g w o 6I od I 0.€ g ► N m J Q i sw z a f r O ` # mto o W III a T ca _ U __ _ _ w. - _a_a sqr__ f_t_.Q_rl? ____wv____t,t. __r s+r•t•rr'_ w L �y Y.r 1 J r.�f M Y J Q1-fir�� v�tf rr}TAf�ffYVy 1.4 7' 0 >I ; C t t �� -21 Ail.* _i � IIjL £ill1111 !1d 1 E a r 1Ill' lq. I'fli j y _ =82 ;El� �aE t' N4 CO CO C z �/ S. 1` ~ i! �� L w'flr-r - Sri wT± ••�-r _ a - ---yr r- J.) FORM NO. C -sr.. —t .FOR DEE WITH OOLORADO REGION AMERICAN LAND TITLE ASSOCIATION OwNER`a POLICY -FORM ®- 1970 (AMENDED 10-17-70) A,mormt of Insurance S. Date of Policy 1. Name of Insured: SCILEDTJLE A 9,000.00 June 2, 1987 7':00. A.M. Policy No. 8024662 Order No. Sheet 1 of _ WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado 2: The estate or interest in the land described herein and which is covered by this policy is: IN FEE' SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY. COLORADO; a body corporate and -politic of the _State of Colorado 870409 FORM NO. C-6000-2 FOR USE WITHcOLORADO REGION AMERICAN. LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10 -17 -TO) FOR USE WITH COLORADO REGION AMERICAN. LAND TITLE ASSOCIATION OWNER'S POLICY -FORM 6-1970 (AMENDED 10-17.70) 8024662 Sheet 2 of 3 SCHEDULE A ---Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: A tract of land located in the NWs of the NEa of Section 1, Township 6 North, Range 67 West of the 6th P.Id., being more particularly described as follows: BEGINNING at the North quarter corner of said Section 1 and considering the North line of said Section 1 as bearing North 89°24'22 East with All other bearings contained herein relative thereto; thence North 89°24'22" East along said North section line 36 feet; thence South 00°35'38" East 30 feet to the TRUE POINT OF BEGINNING; thence North 89°24'22° East 22O feet; thence 'South 00°35'38" East 396 feet; thence South 89°24'22" West 22O feet; thence North OC°35'38" west 396 feet to the TRUE POINT 'OF BEGINNING. 8'70408 FORM NO. C -6000-3B FOR USE WITH COLORADO REGION AMRICAN LAND TITLE ASSOCIATION OWNER'S POLICY --FORM D-1970 (AMENDED 10-1T--YJ) 8024662 Sheet 3 of 3 SCHEDU'LEB This Policy does not insure against loss or damage by reason o£ 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 cor- rect survey and inspection o£ the premises would disclose and which are not axon 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 5. 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. 6. Right to run all necessary waste water in a lake in the Eh of said Section 1 as conveyed to B. M. Lair by Elmer G. Hagar in Warranty Deed recorded August 17, 1907 in Book 260, Page 439. 7. The Franklin Reservoir System, and the rights of way therefor, in the westerly portion of subject property, as disclosed by Decree in the District Court of Larimer County, Colorado in Case No. 5562, certified copy of which was recorded December 28, 1945 in Book 1168, Page 72, in which the specific location thereof is not defined. 8. Lease, and the terms and conditions thereof, between Bruce Ruth, Lessor and Western Sportsmen, Incorporated, Lessee, recorded October 24, 1984 in Book 1047 as Reception No. 1986086, provid- ing for a term of three years beginning October 1, 1984 for recreational purposes which shall include, hunting and camping, with a right of first refusal for any subsequent recreational leases. NOTE: The following notices pursuar_ to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not neces- sarily give noticeofunderground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in _Book 949 as Reception No. 1870705. (b) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (c) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (d) Colorado Interstate Gas Company recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (e) Associated Natural Gas, Inc., recorded April 23, 1986 in Book 1110 as Reception No. 2050953. 8'70408 DIVISION OF INSURANCE ice STATE OFFICE SUILOING;1 tot, G COLSAx AVE. - pENv e. COLORADO, 00203 CSTATE Or•cot.ORADOmicltAeo OO p •IC ARD )ARxtl,C lU„ _ 'notate. L *frown • Doan. co.x,ua"t. - Dear-: Real Estate Purchaser: Following this letter 'you will find a brief explanation of your title. ' insurance: commitment and policy: - - Title insurance companies 'are regulated :6y this Division, as are - -other types -of insurance companies. This Division makes-terrain-thatcorn- panies issuing title insurance commitments and title insurance policies are - financially "sound, and than: they operate: in accordance with: statutes and regulations. We alsohave great. interest in makingcertain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance po7.i cy. - In the event you are dissatisfied with -responses given to your guts Dons or problems by your' title insurance company, you 'are encouraged to send your quest ions -concern [ng- title .,'Insurance ?or any complaints: that you may have against yourtitle Insurer to this office_ ale are on hand to make< certain that alt your rights and remedies, both under your policy and under' law, are available to youat all times. ert ., LW1RD..,&SRt4ES.,t, - Cpmmisstoner of Insurance As -a purchaser of, a home or other real estate you mayreceive a"Commitmentfor TitleInsurance- and a"Policy of Title Insurance. Both of these documents, like many others in eQnnection with "your purchase, are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser. While the following description of these documents cannot change.. the precise terms of these documents, it is hoped that this, will help you to understand their purpose and effect and answer some: of your questions about them - - _ auEST1oN: ',WHAT IS TITLE INSURANCE?" ANSWER Basically, it is a contract with the title insurance company in which the company agrees to defend andindemnifyyou against losses which -you -may suffer because -of unreported defects, In the title to your property as of the date of the contract. ft isnotcasualty insurance- and. therefore.. does not -protect :you -against acts of -theft ordamage::tO:your. home by fire;. storm and the like. Essentially, the insurance :insures that you have -title to: the propertysubject only to certainexceptions: and exclusions listed -in the Policy of Title -Insurance. Title insurance recognizes. the possibility of loss: but transfers the risk of loss :from .you : as property ownerto the company issuing the policy, For this reason title: insurancepompanresare required tomaintain reserves to cover losses If you are financing your purchase, your lender willordinarilyrequire that you obtain a separate Lender's Policy to insure that your propert/ will in tact serve as security for its loan, QUESTION:"WHAT DOES -THE PREMIUM PAY FOR?" - ANSWER: The one time, non^recurringpremium pays tOr several things. It helps t0 pay for the. cost of collecting, maintaining. searching and examining real "estate records and certain other, public records' which relate-to'your property so that the tide insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records. show that your Seller really owns the property, what mortgages or liens (a recorded legal claim) may exist, whether there are restrictive covenan^w on your P- - -�� "°� r iCONTINUED ON REVERSE 8'7©408 property or easements which allow persOris to cross your propertyprtp place utilities across your property- The premium also serves to finance certain legalcosts-whichmayarise if yotfr-title-is ChallengedrAdditionaily,-paymentof the premitmt•requires-thetitle n5vrain.0 company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION_ "WHAT IS ACOMMITMENTFOR-TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a -standardized preliminary document- authorized by:the Commissioner of Insurance indicating that a title' insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment ar "requirements" in Schedule B --Section 1. In Schedule B —Section 2 "Exceptions" the commitment also summarizes certainexisting limitations on the use of your property, the defects in your title and liens against your property. Your policy will not protect you against these matters. Youwilt note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met. These other matters are usually such things as restrictive covenants or easements for utilities and the like. You should carefully read both the "requirements" r + the exceptions t0 title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract t0 purchase your property. Some of the "exceptions" are Standard and will not normally be covered by your title policy. The first standard exception is any claim by parties in possession of the property which is not shown by the public records. This means. for example, that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded geed; or may claim that they are somehow otherwise entitled to be on the property. The title insurance company could not learn of such a claim by examining the public real estate records- You should inspect the property :o make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement, even though there is no inStrument of record giving that percon the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy. will riot. insure -against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property„particularly.if you do not have a.survey. Again, a title insurance. company cannot determine whetter such problems exist on your property because employees: of the title insurance company.will not inspect -the property unless they are specially requested and paid to do so. - Exception 4 excludestiens which may be filed against your property. by someone who may have donework on the property and who has not been paid, The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document. You may wish to verify that no such unsatisfied claims exist. Thefifth standard exception isformatters-whichmay arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and speciatasSeSsments which maybe imposed against your property which are not recorded in the public records, or the amount Of which has not yet been determined. - - If you are purchasing a single family. residence,._ you may wish to check fo.see ifyou.are entitled to obtain endorsement FOrm No. 130 which removes several of the Standard exceptionSand will give you insurance for some of those matters - You will see that the commitment Shows-th8 amount of title insurance to be issued together with the amount of the premium charge. Your seller should check with -his broker and. with thetitle insurance company issuing the commitment to make certain that he. has paid the lowest premium to which:he is: entitled. For instance, if there has been title insurance policy issued to your seller within the last two years. he may be entitled to receive some credit for the prior premium against the amount of premium which hewill now pay. QUESTION: "WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER: The Policy of Title Insurance is adocumentwhich will be issued to you after your purchase transaction is concluded. It, too, is a standardized document. the printed portions of which havebeen approved by the Commissioner of insurance. Schedule A of your policy will set forth, amo4rathegmatters, the amount of insurance coverage, your name as the insured, your interest in the property, such as actual ownership or aleasebold--ipferest:and-the Legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage. These will be set forth in Schedule B of yr.-Jr policy and in the Schedule of Exclusions from Coverage: Matters which may limit coverage will be set forth in the"Conditions and Stipulation* section of the policy. In Schedule B of the policy, you will find those items against which the title insurance company does not, or cannot, insure. Many of these will be the same aS the exceptions set out in Schedule B of the Title Commitment, The Schetlule. of Exclusions. from Coverage excludes matters. such as zoning ordinances.which. regulate howthe.property may be used, rights which may be PoSSesSed by a governmental body and which might be exercised against the property, and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered' until some future date. - - The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy. and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assort that they have right to use your property or that they own part of it, and you cannot find that right set forth in your policy as an exception or an exclusion, you must notify the title insurance company in writing of the situation. The address, tor this notification will normally appear in. your policy- Prompt: notificationwill enable you. and the company, to deal ,with the matter or problem that you raise, if it is coveredby the pokey. sO that the dispute may be resolved in as timely amanner as possible. -. You should know thatitthe problem is covered by your title insurance policy. atitle insurance company must usually bear the -costs of litigation, either So defendyolirtitle'in the event:of an:adverse -claim against it, or sometimes to bring"affirmative legal action to clear up the problem. In so doing,the tirleir auranoe company retainathe right of settling -the claim or pursuing the matter through the -courts, ifit believes that the rights asserted by a third party against your property are'not legally -justified: If the title insurance-companylakes the position that the matter which you ,raise is not covered by theterms of she. title insurance -policy.- it must so notify, you as soon as reasopably possible after you present your claim. QUESTION: "WHAT IF 1 STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR Tait INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You. Should certainly ask them -.Of your aftorney,'the seller, the lender_or the title insurance company. -If you do not receive a satisfactory answer to your questions, you may contact the office of the ColoradoCommissioner Insurance. J. Richard Barnes. Commissioner, Department of Regulatory Agencies. 106 State Office Building. Denver, COIOrado 80203. Form No. C-142.13 8704'8 RESOLUTION RE: APPROVAL OF HUD SECTION VIII VOUCHER PROGRAM 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 Housing Authority has presented a request to the Board to determine whether there is a need in Weld County for fifty housing vouchers for low-income families as explained in the request letter, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board has determined that such a need does exist in Weld County and deems it in the best interest of the citizens of Weld County to advise the U.S. Department of Housing and Urban Development (HUD) of such determination. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a need does exist in Weld County for fifty housing vouchers for -low-income families and that the Department of Housing and Urban Development shall be advised of the same. BE IT FURTHER RESOLVED by the Board that the above determination shall be final and no additional comments will be submitted. The above and £c- going Resolution. was, en motion duly. made and seconded, adopted by the following vote on the 1st day of June, A.D., 1987_ ATTEST: Weld County:Clerk-and Recorder and Clerk to the Board Deputy County CPer APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUP LO R O :Gene R. Brantner Jac ue l�e Johns Frank Yamaguchi. N,1 ocC i C 1-1/27 - Sf�e 870416 WELD COUNTY HOUSING.AUTHORITY PHONE (303).352.1551 P.O_ BOX A GREELEY.COLORADO 80632 May 26, 1987 Mr. Gordan Lacy Board of ?Commissioners Weld County P.O. Box 758 Greeley, Colorado 80632 Dear MT. Lacy: The Housing Authority of Weld County, Coloradc :_ been invited by the U.S. Department of Housing and Urban Developm at (HLL') to submit an application for fifty (50) Section 8 vouchers. Pursuant to Section 213(a) of the Housing and Community Development Act of 1974, HUD is required to provide the unit of local government an opportunity to object to their approval of the application on the grounds that the app- lication is inconsistent with any Housing Assistance Plans, and that there is or will be available in the area, public facilities and services adequate to serve the housing proposal to be assisted. An application may only be approved if our determination is in the affirmative. HUD invites you to submit to them all comments or information you as the Board of Commissioners deem relevant to their determination. While they are not bound by any such comments or information, all relevant comments or information will be considered. -It should be noted inyourresolution that these comments will be considered final and that no additional comments will be submitted. If you do not intend to submit any comments, this should so be stated in your resolutions. I look forward to your favorable reaponse concerning our application. Sincerely,,, 7e6177 -G4 /James M: Sheehan Executive Director -EQUAL HOUSING OPPORTUNITY - 870416 Form Approved OMB N U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM APPLICATION FOR EXISTING HOUSING (Submit an mill ml and see copies of this application form and attachments) APPLICATION/PROJECf {FOR HUD OOOG---DOwC1--- MO NUMBER USE ONLY) The HOII$?h?G ATITHORTTy OF TJF T f) ( Oa1NT�a (`()T C1Rhd]Cby requests an Annual Contributions :,..onttact to provide housing - Part 1 Number: DEN -2392-025--Y and ?Official Name of PLblie assistance payments for units Rousing Agency) of Section 8 Existing Housing- 8 Existing Housink have been submitted. or penditig. Give ACC 0099— 0090-001+ 002 El No prior applications for Section L Prior application(s) approved. disapproved, application/project numbet(a) This application is ❑ Is notI for Number of applications submitted at Recently this time Completed Housing. j • (See 2s CFR. Section 882120). D MAILING AD Eta OF PHA (Weld County Housing Authority P.O. Box A Greeley, CO 80632 PHONE NUMBER (303) 352-1551 Oct- 6),4 SIGNATURE AND TI E OF PHA OFFICER AUTHORIZED TO SIGN THIS APPLICATION Chairman OATS K /a /�T GA� O RATI - (Area where the PHA detennin a that it it not: barred from entering into Convects, see CFR cdon 882103) Balance of Weld County (Does not include Greeley, coy A. PRIMARY AREA(S) FROM WHICH FAMILIES TO BE ASSISTED WILL BE DRAWN - LOCALITY (Co, Town, etc) — COUNTY CONGRESSIONAL DIST. UNiTB v. ans Weld Fourth 10 LA Salle - n - S Tri—Town ( .erederick, Firestnne,Dacono)zr n 6 Ft. Lupton ii it gilcrest u IIy J Ohnetov n n „ R Milliken n n R B. PROPOSED ASSISTED DWELLING UNITS BUILDING TYPES LIKELY TO BE UTILIZED NumnER.OF DWELLING 'RUTS BY BEDROOM COUNT TOTAL DWELLING UNITS IELDERLY/HAND:CAPPED FAMILY LARGE FAMILIES* Efficiency 1 -BR 2 -BR 1 -BR 2 -BR 3 -SR 4 -BR a -BR 6+ BR VDUCHEHs 6 4 35 5 5O C. NEED FOR HOUSING ASSISTANCE . "Demonstrate that the project requested in this needs of Lower-)ncoms Families or. in the min itY and the housing assistance needs of • those IMPla In supstannard unfta) residing in The units requested Although many o£ application is consistent with the applicable Housing Assistance Plan including the goals for meeting the housing absence of suds a Plan, thrt the proposed project is responyre to the condition of the housing stock in the nom - Lewet-MCOmt Families Andean: the elderly/handicapped Wee Families, those eseptaced or to be displaced ant or expected to reside In the community. are based on our current distri(iution of our waiting list. our applicants have come from the Greeley/Evans area, the additional possible expand our program to the communities identified above. the Voucher program offers our participants a wider choice in the doer; not conflict with past housing Assistance Plans County. , in the Family or Large Family category and footnote number of units for the handicapped by unit size. emits will make it W9 have found that housing market. The proposed distribution developed for Weld ' * if aseneame. Include Handicapped Families D, QUALIFICATION AS A PUBLIC HOUSING AGENCY . Demonstrate that_ihe applicant qualifies as a Public Housing Agency (24 CFR, Section 882102) project applied for In thls application. - SUBMITTED - - I. The relevant enabling legislation 2. Any rules and regulations adopted or to be adoisted by the agency to govern Its operations 3. A supporting opinion from the PUBLIC HOUSING AGENCY COUNSEL and k legally qualified (Check: ADproprldte.Box WITH THIS - APPLICATION and authorized tp catty out the Below), .. - ' PREVIOUSLY - - .-SUBMITTED t. ❑ ■ rgyl0al idltlon U OCIQ I II Psge 1 of 2 path 8704th H1j042N616i0) r E. FINANCIAL AND ADMINISTRATIVE CAPABILITY. be the experience of the Pte In administering housing or other program Ind provide other information which evidences present or Potential {nuent espab➢By for the proposed program. Weld County Housing Authority has administered ' since 1981. Experience of the Executive program. During the past two years, the rental rehab./housing voucher program units, are currently under contract.The Management 'Concluded that we had clear the Voucher program. Weld County Housing Authority has administered ,Among these programs have been the replacement housing projects as well Program. The composition of the Housing ing the policies which make our uroPram<t_esgonai7P Director Weld County and past understanding a Section8 Existing program dates back to 1976 With regard to Housing Authority has administered the Formula. Allocation program. All monitoring review conducted by Housing of the regulations which gove . a number of housing programs since 1 Division of Housing grants, spec' HDD Section 8 Certificate and Voucher Board provides leadership in estab' +n +bra Ilmrping need of Wale' nn" 1. t CDBG program, as the Authority F. HOUSING QUALITY STANDARDS Pre a M.ateenu that Ma Housing Quality Sundmds used in the operation of the prom= an those act forth to 24 CFA, Session 552.109. If variations m the Accspt►yIIky Criteria ere Proposed. each proposed variation shall be specified and instilled. Any vaziationsMat era more reittietiva most not unison - Me 11m1t Meivaitsbmbti yf housing stock. Variations that e leer restrictive must at mlolmum mat the &mop:late performance repnlrtmeuts in Seeu tio 582.109. The Housing Authority of Weld County understands and tell adhere to the Housing Quality Standards as set forth in 24 CFH 882.109. No vaitia.tions in the acceptability criteria are, proposed. c - G.LEASINGSCHEDULE- Provide h proposed: schedule specifying the number of units to be leased by the end of each. three-month period Ca CEP. $union 882.206(01). First Quarter 50 • gg cond Quarter 50 • 4114 d Quarter 50 Fourth Quarter 50 H. ATTACHMENTS She famaninddiibnal items may In tnbmttted tither wit! the application or after application approval. but no latar than with the PICA executed ACC. " Ite1.2. and a below must be submitted together. Items - - SUBMITTED WITH TO BE • - THIS APPLICATION SUBMITTED. I. Squat opportunity housing plan Form HUD -914 [24 CFR, Seaton 882.204(bfan and certifications, Form IM13-916. 2. Estimates of required annual contributions, Forms HUD.52671, Ili O MID -52672 and HUD -52673 (Seaton 88z204(blan. 3. An administrative plan (882.204(b)(3) or Revisions to the plan. al ' - 4. Yromed schedule of allowances for utilities and other services with a justification of the amounts proposed (Seaton 882.204(61(411. ❑ 111 _ HUD FIELD OFFICE RECOMMENDATIONS RECOMMENDATION OF APPROPRIATE REVIEWINGOFFICE SIGNATURE AND TITLE DATE _ • . -.-• ,T f sJl • sb ye Page 2 of 2 pages 870416 HI.Ii1.5T616 cEHIG) 6Po 1984--576-02V4834 CERTIFICATIONS' IN CONNECTION WITH THE OPERATION OF A SECTION 8 EXISTING HOUSING PROGRAM Instructions: The applicant agency must provide assurances and certify to all of the following items. The applicant agency hereby assures and certifies that: - (i) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto (Title 24 CFR Part I) which states that no person in the United States shall, on the ground of race, cola, or national origin, beexcluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will immediately take any measures necessary to effectuate this agreement. With reference to the teal property and structure(s) thereon which are provided or improved with the aid cf Federal financial assistance attack; to the applicant, this assurance shall obligate the applicant, or fa the case of any transfer of property, the transferee, for the period dating which the real property and structure(s) are used fora purpose for which the Federal financial assistance is extended a for another purpose involving the provision of similar services or benefits. It will comply with Title VIII of the Civil Rights Act of 1968 (P. L. 90--284) as amended, which prohibits discrimination in housing on the basis of race, color, religion, sex or stational origin, and administer its programs and activities relating to housing in a meant to affirmatively further fair housing. (iii) It will comply with Executive Order 11063, on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in housing and related facilities provided with Federal financial assistance. (iv) In establishing the criteria for the selection of tenants, the PHA or Owner will not utilise preferences or pri- orities which are based on (1) the identity or location of the howling which is oaapied or proposed to be occupied or (2) upon the length of time the applicant has resided in the jurisdiction. The PHA or Owner shall treat non-resident applicants who are working, or have been notified that they are hired to wort, in the jurisdiction as residents of the jurisdiction. (v) If the proposed project is to be located within the area of a local Housing Assistance Plan (HAP), the applicant will take affirmative action to provide opportunities, to participate in the program to peas= expected to reside in the community as a result of current a planned employment O Cggixmatt re :: (Title) Daploten Fauns HUD -912 and HUD -41901, which an obsolm GPO/19261677- 33 3/78I/ 8 MUD -916 (4-76) OIUY16 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO ELMER AND CLARA MOORE, D/B/A VALLEY HAYLOFT, INC., LONGMONT, COLORADO - EXPIRES JUNE 26, 1988 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, Elmer and Clara Moore, d/b/a Valley Hayloft, Inc., have 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, pursuant to Weld County Ordinance No. 6, Section II., C., said applicants have paid the sum of $98.75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicants License for the sale of malt, consumption by the drink on corporate limits of any town or location described as follows: have exhibited a State Liquor vinous and spirituous liquors for the premises only, outside the city in the County of Weld at the 3101 State 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 applicants, does hereby grant License Number 87-6 to said applicants 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, 1988, providing that said place where the licensees are 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 becausefor revocation of ,the license_' 870415 Page 2 RE: TAVERN LIQUOR LICENSE - VALLEY HAYLOFT, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 1987/. ATTEST:%11 anv*?-ttil ,��D�,,"'- - ", Weld Countyerk and Recorder and Clerk to the Board BY: APPROVED AS TO FORM: �4.County,Attorney BOARD OF COUNTY COMISSIONERS WELD COON LO O rman C. 1r y, Pr•-Tem Gene R. :ran ner EXCUSED DATE OF SIGNING (AYE) Jagel;Johnso�q/ Frank Yamaguchi 870415 ,.ALL RESAiL LICENSE RENEWALS must be reviewed.and epproved.F7RST tstr'the?oval l earning ahortiy PJeue complete:thii orhral>dStJBMfTTOYOURLOCALLICEblriI(1Iliil`+t4:15 rplate:than4A617C:pnor'to14::( eex{iitatfon 2 WHOL&SACEA; MA�JUFACTl1RERS;]MPORTERS at1d.PUBLJC TRRNSP.OR7ATION SYSTEM LICENSE itENEWALS are to be�ietunnd,toatheColorseo'bepartmentofRevenrle 1378,SIiennarl;Sc;_fie4iver,CO'Sp261,notaterzhan:30Qdayspriortolicettse: expire foo- LOCAL GJFENSING AllS}JAiR{iYCbPY •! , . r^ V��co3 o '��'o1LtC11•XHJ7M_a11'Ibii� � -� _ APPLiCATtoN_: FO_R pER10D ENDING - ti � �.o ..-W »_.'.,... .4262688 NAME AND DESCliltPT1ONOC; ICENSE," +rV�e}TLr, r FEE =.rr ey..a�.,.w.. •L-F-t.-kkiifi�L�•-r '^t'M- ‘.>- fAttletJ uuii.*AC6%s/,- NAET.: VEN0MS* �io"��caii<�ur, � � t 24:4 "in4 �1aRJ a, QT�`F aceRI unti 44.. . _.4 ..Y. ~.tee �+ 1•�i G�`," Count ColoX AL OP 7f/��tSC"AI..itoittatP[O' f7Y Dew ^, 'r' Y,a- pjfLL :��, ,. ,_c-�r •, � ; (CkY. Town ar Cw+MY7 J///�}L!U'7`._.. K }iaetpnn, Wl olewgrs, tmportets antl 4ifh11e Teanwo�fetlo^ n Systems afsreeara sets mete:thy " ' ycarelma ankles eternises bYIM(s conW etea Yna chwacter of the applldM areletlyfattoty, and we do. n � Wf batalste lrel, i n�lu,tll.Itu,na'ImoM.. t ecti d_thedeslra ovpav ipArnhind copnntiistfm as L cacrd(iN f5 EB�A F 1y=.. '} OT=-k.v- �'. .t�.rCxaK'•1- ` � CE N0NE_____.__ O__��._mW__----- f CAV.^n7 CgAM1551PS ORJti RER TITLE.F�.bt1VUNO A{fiMORRY.] it CfttTAR OA HERO R NiG OFFICIAL LI SiNGAUTRORa (If the premise are. located withfe. ar or *Isab4awSIget elesadb seleed bN marorsnd Clerk 6laawuna)^.f,,,bv_na�r ' of the -board -of Canty cornm$t�ners irethe Berk of'the Board If by opimenrs,a�atherwim, the loca lleS.z.nerar. -^ ZDer official thep etch approval aboutd�k pivert by'nlchoiikisl h .. ' , :`. � � V 38E REVERSE -Se) 870415 6. My operotinp manelpr ft �I�P^✓!'A'�,_,p�y(, G+"� Do you have legal poa■errion of the Dr -arias -far which this applicatiwufpr linrwt[pnadN Are the pramins.owned,Gr rented? _- r� Ifrennd effeathe"Aerp9etlen deteof lash' ��1 ns 7. fa)': Hr the epplcant.' orany of the partners or officers, stoeRhOidyxyrd?aeam}of, rid gpfklwt life caponhony. ^ ' ever been convicted of acrimaT,lf waver is "ye:7 explain lrt lb) Hes person[Mndinpassistance or financial support to the applicant; or the manager; or amployees; ever.heen convicted of is crime? Ifansweris"Y,es"exPleM detail. li:—Has heep—tiTicent;oriiny ..y-� t appiicaMl(if a corporation); (al 'been defiledanakohollatleaarapa IleanaiT :.tby.:::hadan aledfiolkl ve*91 0;elere*efMded_ornvokadT • fcl had intpm. in .n entity i* had artAicoholio errpa finer aiers,4 x• m If inner fa Yes,4 wgrlaielin detain (Anted, upre4410 if rro riy 1 9.: Does or didepyliarttor am/SA eheharmers:eeefflars.dircatoraorstockholders of rid aopikart(If a corporation), have a direct. ..vmany any other Colorado Liquor license:°rictus* loiihrtrerfrom any lkrtieetor interest to anyf)censeel?T: - — If animal'Yea,"%plain Indated is "" '.:; ... , •-. Ida:41:!Y,the:Per�!r? 71:49rcWPOnitlonRwho fiew.er,i r im wili faiq a. *mt eWWncedMMr by, loan oroquit.owMrshas sthe business .-for Which this:llperAie`is regienid_ State thonernes and address, and the .arnoumAnti source of, such financial interest eapressad in dollars or ptlitr aemiofirelotorches;inventory fymiture oreiatipment. OA.; hank ralat)vea friends.praviou•ow,ters,AteJ.;lyaeseprate sheet iftwairrY_: c -%%z ADDRESS- rINTEREST‘' It, List the earns aid iddtresua of at[ lkeror,testi ' (Use seperste sheet irnxererY.) 12 1f the epplcent IS corporation answer the following: (a) ;Corporation is inerizedooder the faun of dro Stateof (b}:Printing' 'Sina is at y- !county• etetili ,i it an oa. o�r fapert.to the nerrgaty;0 state: A _ate assurer - S r> 'l i y sty gas -iv 7-L—Yi 9 -Otif � ..•..,.. r�`�fil,!sy Z N H1 1fif�;t terri i J -1.-1/2`D•..... I co de actual owner urpledpes (Use a(p.nts an�et i'f"necppry) Home of stoekhokkr• .-, ^iJfome.4tl6/na�CdiY�rd-$Ln� ,r <. %of,stock ..:. ;Date of (f) liaine%ofntt17ireotera or Trustees_ :of Corporation 1{omgAddress. City. t ersa .�Jj cs rte . Sid- /-' D.ta of Birth• _ EnoLgg- � W z U O - O ^ ~ a 0. d F o m z A n Z Z G C Q7 a y C C .m C• O 64 Z C. ,g h V. N _ 6 O Q) Q Q 0 d Hm y wy d ral O -�.^v_ a , � W o • C'r C.F .....fir.. H 072- O O � ..d UHF 4 H � +�� > =) E-( t4.= Ci o CI � W OSW "CI v L1 m P. •� O y n._ ic. rr al tn. O Q A � • y m• N+ L ac `r 0 O! -:.ta).N "Zit a o a aabo, Juni ,< rs r U.S,G O WT r s' 7 Om y 5 N i O 5 G 7 F+ r w rr ac r 7 £ CO O. . nm nF o c< 7 10 zt r -•-C t '; co O OO O • O r• O " rt _n L-4 co � ON 7 CO co g Q�pQ W H C.. nao m �'m a E mort to O`ISr-nip b , m tia >Z 4-10 q o DO nom a " - 6 Xs: a .ba ,E o '..} o.- • T H .. ,0...'. Q m . .. . 3 or D 870415 DEPARTMENT OF REVENUE - LIQUOR ENFORCEMENT DIVISION -STATE CAPITOL ANNEX _ :? :1 an SH ERNFAX ST RE ET DENVER, COLORADO 80261 VALLEY HAYLCIFT • £.yt 3.101 1111Y 119 L'tINGNONT CO 805'1 UQ late MAIM RFOR ZILILITY IM/OW�TIQII �� ALL EMCE Fcous Y: CITY i VIOLIST. .TIE4NIIlfYLIAT! z 14-15704 NAME AND DESCR4►TIOM OF LICENSE FEE IC Lik:I'Y .:.,.S ....:. L. ..�i 130ti.. 7r TOTAL FEELS) _ f x 4 THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PREVISIONS OF TITLE 12, ARTICLE 47, CRS 1973, AS AMENDED. THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS,IN WRITING TO THE DEPART- ,�MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, -1375 SHERMAN STREET, DENVER, COLORADO 80261_ -.. - IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND _ 0RL l00L DEPUTY DIRECTOR - EXECUTIVE Di RECTOR 670415 870415 DATE May 13, 1987 SHERIFF'S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Elmer and Clara Moore dba Valley Hayloft, Inca 3101 St. Hwy. 119 Longmont, CO 80501 TYPE. OF LICENSE: Tavern Liquor License SHERIFFS REPORT: Sheriff's 0£f ice. has been notified. 0 Z o 20 Z Cr OW w gs< K H LT. F!, m O❑. Imo hj t7D • U ▪ 3��: .7 E+ -co a el O O�` 4q M f � Z O H a w o 5 0, r-10Cr) w 10 ,—I at 1 v `. U LL „ m ( ` d G V ! od t7 ti Es R z 2 j'id H c a ` hh �\ \\ d d qO Qro .- a. E ,o $ r�-g c" c- fr- i U �Ji ¢ (cc2 60 p. o *BLV¢v vaec u'vett$ Gast eunp'on uuod sd • 8-70415 TREASURER'S OFFICE, WELD COUNTY p Greeley. Colorado... ./, a 3. . RECEIVED OF. ...�rn"- 8363 $ J FOR., ...../CREDIT County General Fund 101 0000 ` 4/"..(l �, , � (O ZS - Health Department 119 0000 Human Resources 1210000 Social Services 1120000 Housing Authority Road & Bridge Fund 1110000 Airport 1770000 County Clerk Cash Escrow 810 0803 .Fee Fund'. 9000912.[ '.School District Gen Fund School Distrito C R F School District Bond Fund —812041-5--- _ 9g 7-^ FRANCIS M. LOUSTALET `�,- �Ciem TOTAL AMOUNT County Treasurer RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR 1,200 ANIMAL UNITS - JACK DINTS 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 27th day of May, 1987, at the hour of 2:00 p.m, in the Chambers of the Board for the purpose of hearing the application o£ Jack Dinis, 16562 Road 4, Wiggins, Colorado 80654, for a Use by ,Special Review for a livestock confinement operation for 1,200animal units on the following described real estate, to -wit: Part of the SEk, Section 16, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Pat McNear, of Scott Realty, and 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 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 Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicanthasshown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the Weld County Comprehensive Plan The Comprehensive Plan Agricultural Goals and Policies support and preserve agricultural industries and farming. PLo 5� cc: r-Vccar- ;app• I 870417 Page 2 RE: USR - DINIS b. The proposed use is a livestock confinement facility and is provided for as a Use by Special Review in the Agricultural Zone District. c. The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural Zone District d. No overlay districts affect the site. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. f. Use by 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 Use by Special Review for a livestock confinement operation for 1,200 animal units on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until. the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review plats a. The Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat. b. The plat shall be amended to•show: 1) A seventy-five (75) foot road right-of-way reservation from the centerline of State Highway 392. The access to the property shall be from two access locations 'on 'Weld County Road 55 No direct access will be allowed' onto- State' Highway 392. 870417 Page 3 RE: USR - DINIS 3? The legend shall identify the soil Otero Sandy Loam, l to 3$ slopes and agricultural capa- bility subclassification of IIIe Irrigated, IVe Nonirrigated. 3. Prior to construction of the dairy facility, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, water Quality Control Division, has approved an engineering report, prepared by a Colorado Registered Professional Engineer, demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. The above and foregoing Resolution was, on motion duly made and seconded,; adopted by the following vote on the 27th day of May, A.D., 1987. 4 * BOBARD OF COUNTY COMMISSIONERS Ut.Nw� WELD COTY , X07, OO Weld County Clerk and Recorder and Clerk to'.the Board BY: Deputy Count ALL APPROVED AS TO FOP.M: �-}--County Attorney ene R. antner 4 EXCUSED DATE OF. SIGNING - AYE Ja41 Johns° Frank Yamaguchi 870417 DL F,0PM£NT STANDARDS Jack Dinis USR-777:87:1 1. The Use by Special Review permit is for a livestock confinement operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of animal units shall not exceed 1,200. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and be maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The waste disposal system for wastewater shall have sufficient storage capacity in the retention basins to store three months accumulation of wastewater and maintain at least two feet of freeboard on the confinement berms above the water surface_ 4. Land application of wastewater from the retention basins shall be onto farmland for irrigation and not discharged into state waters. 5. All containment and retention ponds shall be lined with bentonite"or or some other suitable material approved by the Weld County Health Department to retard percolation or infiltration of liquid from the ponds into the groundwater table. 6. Three groundwater monitoring wells constructed to Weld County Health Department standards shall be installed adjacent to t he containment ponds, one up gradient and two down gradient, to evaluate possible -impacts on the groundwater table. These wells shall be monitored twice a year or as required by the W eld -County Health Department. 870417 Page 2 DEVELOPMENT STANDARDS - DINTS 7. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use o£ the runoff containment facility and the wastewater disposal system, certifying that these facilities are constructed and are in compliance with the stated standard listed herein. 8. All stormwater and dairy operation runoff shall be controlled and confined within the boundaries of the subject property. 9. Access to the Use by Special Review facility shall be from the two accesses located on Weld County Road 55 as shown hereon. No direct access shall be allowed onto State Highway 392. 10. The addition of residential dwellings, including mobile homes or manufactured homes, on the property not shown herein shall require an, amendment to the Use by Special Review permit. 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 insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted._ Any other changes shall be filed is the office of the Department; of Planning Services 870417 Page 3 DEVELOPMENT STANDARDS - DIYIS 16. The property owner or operator shall be responsible for - complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County' Commissioners. 870417 ATTENDANCE R E C D -R D 'PLEASE -write or print legibly your -name, address and--the-name of the applicant or Docket for the hearing you are attending 9 TODAY'S HEARINGS ARE AS FOLLOWS: May 27, 1987 DOCKET #87-22'- USR, Livestock confinement operation - Jack Dinis DOCKET #87-23 - Amend USR, Open -cut mining pit on additional 9 acres - Weld County Corporation DOCKET #87-24 -'USR, Home business (beauty shop) - Eva Jean Sheets DOCKET t87-25 - Substantial change in COZ application-- Barbara Johnson DOCKET #87-19 - USR, Livestock confinement operation - Gary Bragdon NAME,- • ADDRESS HEARING ATTENDING p`'�- Z� i �"^� .fit it>L�� v % ✓ i OY� ,fr; 74 4O -r141 17 CA-RRy Ji,)[- nrmErsrFt �8Gy9- Coen- /7".WI asor- VcoccrA67 9 ILIOnta-T7[1-ing aids°0 Avi unegl, n (or�dser L��- �27—iy rizA vlt Pia� l 4 '- �,1$GO I.WC,L2e�1� GC3,?�-��s�/ j�nol��n�y�, /�j 1legr y-1 7/1/47iffe".dreg, X041/ 1. e i �� FFPvf. ,,,gen Lla�r#t 1.07'/y Awl l P-1 i 2-SR—;1sola-geed.-A;a., O1.1$37 (,).ao,'Rd -) a,e114a e-) - oc key fFii -)S Leo -Ltz ;,ritg,,4A2AtidA.‘,..4.4-) a R P -3 7 We, e/ 7 nad 1.0-4, x`4 87 -17 lArd $7214,< J.__ area ot- (Ai0 /7 /s iVindSFr Dock' aS7-/4 cS}N,r-1e &_IN c iIA _ �Ya-ei6 7.0 cell-100,�Jso,- a:14' r 12-19 Ales�' , nn(` e '" l ( %G fiosr7 /irk/ at if ,��ler I! PP . $�.0-1'/ca /e1 ,).,,,,,1„„), � -/p kjQ,S ` 061- Weld_ e.kKY-,/ I+e-i4"Lf-ii A-6 NaCt-IC-A 12 9,1: st•Ar. ( aKK s :.aka h ek.4 f � Ras 'Om 'pan-me�r�c� _ C sys o ;4f724-nzi . /got Aor 4?s/ �oAtmems, laid As, (ta c cix (e - 7Z oN.3. (G4P)‘?1/4)/p- Loup Oac-11q- gI /9 2 .333 •:Ka_.v; ica �.L Lo -Oa-- x-7- Pi 76go K.24A h0 1+1,14ycci ii!>tlree 87-/% 77614 tuc,g -ti0 C(linA4N- r-19 Pa) L-oMQc4.4 ,� IZA LLA — L;i«„ C et —� .os- CAP me Qr (i cpc59s'" 8'7-4 8'7041'7 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are -attending__,` TODAY'S HEARINGS ARE AS FOLLOWS: May 27, 1987 DOCKET #87-22 - USR, Livestock confinement operation - Jack Dints DOCKET #87-23 - Amend USR,, Open -cut mining .pit- on additional 9 acres Weld County Corporation DOCKET .#87-24 - USR, Home business (beauty, shop) - Eva Jean .Sheets DOCKET #97725 - Substantial- change in COZ application -.Barbara Johnson DOCKET #87-19 - USR, Livestock:confinement operation -.Gary Bragdon_ ADDRESS SFARING ATTENDING - 07/Do aQA/r/. , .,�hc Z s l t/T1/ S�; w1�71AND k1 y _ ..,;fr, fir/ -� \ 97-9• 1,1-6Ge.� .7-�; -mecca aCa; ik nin gr- Sr. ecaec-try 1;1/4,9c26 Vie. (77ectPP y, j,, X7-_,7 rf,(; t a 1-196 -Ri ��Ic�4- 2A, 1,-3be 1 a -k.,14 C. XT -19 � 1( (Un a�� Y r, t .� `t E‘ -e-,( 3.700 j(, a--1D��a Loved -A -p 577- (? �2,- . �`f(e A4(ie e / (91- 1, c7 -1s F53 K? ,.. //�.. ct . k._ ,; -,. "e 77-14 e /act:7%21i dildISIS-7 EPilf �1�,..n 1O,6 �:J .�, fn TVY• toga-S�trFets:� t-C*A$v31 7� ),a/ Fitt ?AIG �// we- R M/7T t1/.'.✓ n f a -R '1611 'K1 s RJ7 equi n.04,,i der b �Z 3 & 7- 2.3 22-14 4.? �- /7 x7- 17 $'7041'7 NOTICE Pursuant to the zoning laws of the State o£ 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 Use by Special Review 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 a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the tent 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 N0. 87-22 DATE: May 27, 1987 TIME: 2:00 P.M. APPLICANT Jack Dinis 16562.Road 4 Wiggins, Colorado 80654 REQUEST: Use by Special Review Livestock confinement operation (1,200 animal units) LEGAL DESCRIPTION: Part of the SE} of Section 16, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: Korth of State Highway 392, west of Weld County Road '55 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 29, 1987 PUBLISHED: May 14, 1987, in the Jobastown Breeze 870417 THE JOHNSTOWN BREEZE STATE OF COLORADO 1 t ss COUNTY OF WELD 1 1, Clyde Briggs, do solemnly swear that 1 am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published to the County of Weld, State of Colorado. and lws'ageneral circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two cmtSewtive weeks prior to =e:y first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879. Or aay amendments thereof, and that said - newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of id weekly newspaper for the period of _J..- consecu- tive- icsertions; and that the first publication of said notice wets in the issue of said newspaper datedij Pt. 1.13. t4., and that the last publication of said notice was in the issue of said newspaper dated , A.D. 19 In witness wirer wf 1 have her-tutto set my handhthis . /: day of . A.D. 19.5 Subscribed and sworn to before me, a Notary Public in and for the County of We,l^State of Coloradp,,this _,�`f.. day of y.. AD. 19... My commission expires My Commission brpU+s Jwr K, 1281 ,11 y 2 South Parish Avenue 'o�nsrawn,; CO 80534 _ R PROOF OF PUBLICATION The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) County of Weld' ) ss. I, 11/4) LCLC'Son. , do solemnly swear that I am Alc, of THE NORTH WELD HERALD; that the same is a wdekly newspaper printed, In whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; and that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two con- secutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has.been admitted to the United States malls as second- class matter under the provision of the Act of March 3,1879 or any amendments thereof, and that said newspaper is a weekly newspaper, duly —qualified for publishing legal notices and advertisements within the meaningiof the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the, regular and entire issue of every number of said weekly newspaper for the period of CCM (1 consecutive insertions; and that the first publication of said notice w in the issue of said newspaper dated kN\o-u.\ OA A D., 19 and that the las ublication of id,notice was in the Issue of said publicationdated 11 \a vt tai A.D.,19 n in witleess, whsreof [ have hereuntov set my hand this 9, day of \‘‘\� A.D., 19 ,7 Ilk 4O1..NZi ink. Subscribed and sworn to before me, a notary public in dlor he County of Weld State of Colorado, this day of It7R` A.D.,1 Notary: Public -23 Einr 6r E.9TD.d, Pn_ ree/-5 AY Commission Expires Oct. 19, 1990 led iYr'jiw%1�1 8'7'041'7 DATE: April 29, 1987 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 27th day of May, 1987, at 2:00 F.M. Docket No. -87-22 - flack Dinis, USR, Livestock confinement operation'- (1,200- animal units) 'OFFICE OF THE CL TO THE BOARD BY: Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD CT COUNTY COMMISSIONERS WELD co Tr O EXHIBIT D 87041'7 Summary of the Weld County Planning Commission Meeting April 21, 1987 Page 5 The Charixamn talled'a=break'at"3:20 p:m. The-mcetlarilmes- ailed to order at 3:30 p.m. NOTICE: Lynn_ Brown has. been excused for the remainder of the meeting. Tape 277 - Side 1 CASE NUMBER: USR-777:87:1 (Continued from March 17, 1987) APPLICANT: Jack Dinis REQUEST: Use by Special Review Permit for a livestock confinement operation (1,200 animal unit dairy facility). LEGAL DESCRIPTION: Part of the S£; of Section 16, T6N, R64R of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392 on the west side of Weld County Road 55 APPEARANCE: Pat McNear, Scott Realty, represented the applicant. This application has been changed from eight hundred to one thousand two hundred head of livestock to allow for replacement stock. The engineering was completed at the previous meeting, therefore no changes have been made to these plans. Keith Schuett reported the health Department has made specific recommendations and these must becompliedwith. Many of the standards are direct quotes from the Health Department and other referral agencies. AMENDMENT: Paulette Weaver moved Development Standard #5 be amended to read as follows: 5. All containment and retention ponds shall be lined with bentonite or some other -suitable -material approved by the Field County Health Department to _retard percolation or infiltration of liquid from the ponds into the groundwater table. -notion seconded by Louis Rademacher. The Chairman -called for discussion from the members Commission. Discussion followed. The Chairman asked the ''members of decision. Motion carried unanimously. of the Planning the Planning Commission for their Lee Morrison explained the applicant would have to come back to the Planning Commission and the Board, of County Commissioners for any major change in these standards. Therefore, any changes agreed upon between -the applicant and the -referral agencies should be agreed upon prior to this request being acted on by the Board. Exit/.8/7g 8'7041'7 Sze mary of the Weld 'County :Planning Commission Meeting April 21 1987' Page 6 '-The Chairman-Sea:lied:: for --discusslon -fromthe memmbers• of=Mire audience. 'There was none. The Chairman asked that reading the recommendations, conditions, and development standards into the record be dispensed with and that they be filed with the summary as a permanent record o£ these proceedings. MOTION: Lydia Dunbar moved Case Number USR-777:87:1 for Jack Dinis for a Use by Special Review Permit for a livestock confinement operation for a 1,200 animal unit dairy facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approved based upon the recommendations and conditions as outlined by the Department of Planning Services staff, the development standards as outlined by the staff and amended by the Planning Commissior, and the testimony heard by the members of the Planning Commission. ."lotion seconded by Louis Rademacher. 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. Louis Rademacher - yes; Ivan Gosnell - yes; Lydia .Dunbar - yes; Paulette Weaver-- yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: SCH-2:87:1 APPLICANT: CRS Investments (Bay Shores Planned Unit Development) REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the N} of Section 5, T2N, R68W of the 6th P.M., Weld -County, Colorado LOCATION: -Approximately 3 miles east of Longmont; north of State Highway 119 and south of Weld County Road 26 APPEARANCE: LaVerne Nelson, P.E., Nelson Engineers, represented the applicants. He reviewed a letter from Harvey Curtis, Attorney, asking for permission to reapply for this reouest. This request was denied by the Board of County Commissioners on February 17, 1987, but it was submitted under the old Comprehensive Plan. They now wish to resubmit the application under the Comprehensive Plan adopted on January 13, 1987. This plan incorporated a mixed use development area. At the time this request vas denied, the Board of County Commissioners were nct sure about the planted roads. CRS contracted a traffic; planner asd this study .is now complete. The Engineering Department and the Planning Services' staff now have copies, of 87©41'7 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO TEE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage, by the Weld County Planning Commission. Be it Resolved by the Weld County Planning.Commisaion that the applicationfcor: - otegogn r CASE NUMBER: USR-777:87:1 NAME: Jack Dinis' ADDRESS: 16562 Road 4, Wiggins, CO 80654 �! COLQ. REQUEST: A Use b Special Review 'st rat Q y p permit for a Livestock confinement operation (1,200 animal units). LEGAL DESCRIPTION: Part of the SRL/ofSection 16, T6N, R64W of P.M., Weld County, Colorado LOCATION: North of State Bighwe 392; west of Weld County Road 55 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies support and preserve agricultural industries and farming; The proposed use is a livestock confinement facility and is provided for as a Ilse by Special Review in the Agricultural zone district; - The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural zone' district; - No overlay districts affect the site. The applicant has .demonstrated a diligent effort to conserve productive -agricultural land -in the locational decision for -the proposed use. the 6th 8'70417 ,Fir///6/7 e USR=777:87:1 Jack..Dinis- Page 2 Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 870417 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 Use by Special -Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Reviev plat has been delivered to the Department of Planning-Services'office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review plat: - The Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat; - The plat shall be amended to show: a. a seventy-five (75) foot road right-of-way reservation from the centerline of State Highway 392. b. The access to the property shall be from two access locations on Weld County Road 55. No direct access will be allowed onto State Highway 392. c. The legend shall identify the soil Gtero Sandy Loam, 1 to 3% elopes and agricultural capability subclassification of III a Irrigated, Ive nonirrigated. 3. Prior to construction of the dairy facility, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, Water Quality Control Division, has approved an engineering report, prepared by a Colorado( Registered Professional Engineer, demonstrating compliance. with its Guidelines for Design:0f Feedlot Runoff -Containment Facilities. Motion seconded by -LouieRademacher. For Passage Against Passage Louis -Rademacher Ivan Goenell Lydia Dunbar Paulette Weaver Ann Garrison Jack Holman 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 21, 1987, and recorded in Book No. %I of the proceedings of the said Planning Commission. Dated the 22nd day of April, 1987. ZotAL,.. care Bobbie Good Secretary 8'7041'7 DEVELOPMENT STANDARDS Jack Dinis USR-777:87:I 1. The Use by Special Review permit is for a livestock confinement operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of animal units shah not exceed 1,200. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and be maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The waste disposal system for wastewater shall have sufficient storage capacity in the retention basins to store three (3) months accumulation of wastewater and maintain at least two (2) feet of freeboard on the confinement berms above the water surface. 4. Land application of wastewater from the retention basins shall be onto farmland for irrigation and not discharged into state waters. 5. All containment and retention ponds shall be lined with bentonite or or some other suitable _material approved by the Weld County Health Department to retard percolation or infiltration of liquid from the ponds into the groundwater table. 6. Three (3) groundwater monitoring wells constructed to Weld Health Department standards shall be installed adjacent to the containment ponds, one up gradient and two down gradient, to evaluate possible impacts on the groundwater table. These wells shall be monitored twice a year or as required by the Weld County Health Department. 7. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use of the runoff containment facility and the wastewater disposal system, certifying -that these facilities are constructed and are in compliance with the stated standard listed hereon. - All stormwater and dairy operation runoff shall be controlled and confined `within the boundaries of the subject property. 870417 Development Standards USR-777:87:1 Sack Dinis Page 2 9. Access to the Use by Special Review facility shall be from the two accesses located on Weld County Road 55 as shown hereon. Ye direct access shall be allowed onto State Highway 392. 10. The addition of residential dwellings, including mobile homes or manufactured homes, on the property not shown hereon shall require an amendment to the Use by Special Review permit. 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 o£ 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 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 Standards. Noncompliance with any of the -foregoing Standards may be reason for revocation of the Permit by the Board of County:Gommissioners. 8'7041'7 ADDITIONAL COMMENTS USR-777:87:1 Jack Dinis The State Highway Department, in its January 22, 1987 referral response, requested that .a seventy-five (75) foot road right-of-way reservation: north from the centerline of State Highway 392 be shown on the plat and access be limited to Wela County Road 55. 8'70417 • • I`'VENTCRY OF ITEMS SUBMITTED FOR CONSIDERATION 5. Case Number U 22, 8'./ 1• Application ( Pages 2. / Application.plat(s) page(s) 3. DPS Referral Summary Sheet 4 DPS Recommendation ,DPS Surrounding Propery Owner Mailing List DPS Mineral Owners ?failing List 7 _3 DPS Maps Prepared by Planning Technician DPS Notice of Fearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. i� Ae D1�D 021,44 419W //WM pea/ Ligadvi.se 12. k tie 17/1110 Ji�A 2 l4t7 0 ZAI es en r"-- ma* fit alafa� -3"4913 neita 129W0 igetP,VVit, 1 �g(ri0. 14. 9. !!Z�/J,i9iQ.0A/ao a-sastilth llrgatri , X187 15. 9 ii a tJillo fan dveryseigJ �i e:4 Star,s� 1D 0,717eNe� a✓� �' gAz ger Odin 10,J987 glen Paw earken PL17- /niche WSW at,* 19712 auCsebew, � 8. 6. SubMitted or Prepared Prior to Hearina At Hearing v' 20. v v I hereby certify that the /� items identified herein were submitted to the Department of Planning Servic s at or prior to the scheduled Planning Commission hearing. I further ce 2 that t ese items were forwarded to the Clerk to the Boardls office on /{� 19 �• STATE OF COLORADO COUNTY OF VELD SDBSertr2 ' AN'D SWORN TO BEFORE _ Orrda,- nt Plamner ME THIS Z��`'DAY OF c� 679Z_ NOTARY PUBLIC Lnit,..sy%� 191_33_, AEX/14/4V7 NT COMMISSION EXPIRES M.}' Commission [Xp:fe5 May 27, 922 870417 EXHIBIT INVENTORY CONTROL SHEET case (iJ si 40.4,72!.4/ Exhibit a,' A. Submitted By 47/17,67 �y B. jazIe, gin -444E -7u % D. e1/1,64J 9enn%1 E. F. G. Exhibit Description i�� /2,4e -An Anpa-goic42-6"›,- ��/ Anceeze4,- 0frezeeteza., 870417 Date: April 21, 1987 CASE NUMBER: USR-•777:87:1 NAME: Jack Dims ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: A Use by Special Review permit for a livestock confinement operation (1,200 animal units). LEGAL DESCRIPTION: Part of the SE} of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392; vest of Weld County Road 55' THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance - with application requirements of Section 24.7 0£ the Weld County Zoning Ordinance. 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: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies support and preserve agricultural industries and farming; The proposed use is a livestock confinement facility and is provided for as a Use by Special Review in the Agricultural zone district; The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area -as permitted by the Agricultural zone district; - No overlay districts affect the site. - The applicant has .demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. Use by Special Review Development Standards caill 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 responsea:of'the referral entities which have reviewed this request. 8%041'7 USR-777:87:1 Jack Dints Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in' the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review plat: - The Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat; - The plat shall be amended to show: a. a seventy-five (75) foot road right-of-way reservation from the centerline of State Highway 392. b. The access to the property shall be from two access locations on Weld County Road 55. No direct access will be allowed onto State Highway 392, c. The legend shall identify the soil Otero Sandy Loam, l to 3% slopes and agricultural capability subclassification of III a Irrigated, IVe nonirrirated. 3. Prior to construction of the dairy facility, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, Water Quality Control Division, has approved an engineering report, prepared by a Colorado Registered Professional Engineer, demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. 8'70417 DEVELOPMENT STANDARDS Jack Dinis USR-777.87:1 1. The Use by Special .Review. permit is for. a livestock confinement operation as --submitted inrthe application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number o£ animal units shall not exceed 1,200. 2: The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and be maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The waste disposal system for wastewater shall have sufficient storage capacity in the .retention basinsto store_three (3) months accumulation of wastewater_and maintain at least two (2) feet of freeboard on the confinement berms above the water surface. 4. Land application of wastewater from the retention basins.shall be onto farmland for irrigation and not discharged into state waters. 5. All containment and retention ponds shall be lined with bentonite or clay soil material to retard percolation or infiltration of liquid from the ponds into the groundwater table. 6. Three (3) groundwater monitoring wells constructed to Weld Health Department standards shall be installed adjacent to the containment ponds, one up gradient and two down gradient, to evaluate possible impacts on the groundwater table. These wells shall be monitored twice a year or as required by the Weld County Health Department. 7. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use of the runoff containment facility and the wastewater disposal system, certifying that these facilities are constructed and are in compliance with the stated standard, listed hereon. 8: All stormwater and' dairy operation runoff -shall be controlled and confined within -the boundaries of the subject property. - 8'7041' -Development Standards USR-777:87-1 Jack Dinis Page 2 9. Access to the Use by Special Review facility shall be from the two accesses located on Weld County Road 55 as shown hereon. No direct access shall be allowed onto State Highway 392. 10. The addition of residential dwellings, including mobile homes or manufactured homes, on the property not shown hereon shall require an amendment to the Use by Special Review permit. 11. All constn.etion 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 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 Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 870417 ADDITIONAL COMMENTS uSR-777:87:1 Sack Minis The State Highway Department; in its January 22, 1987 referral response, requested' that a -seventy-five (75) foot road -right-of-way reservation north from the centerline -of State Highway -392 be -shown on the plat -and access he limited to'Weld. County Road 55. 87041'7 I [1:41= REMI0RS • REALTY CO. March 18, 1987 COLORADO, WYOMING, and NEBRASKA TELEPHONE (303) 352-1212 DENVER METRO 573-1672 12128th AVENUE - GREELEY. COLORADO 80631 Department of Planning Services 915 —10th Street Greeley, CO 80631 Subject: USR 777:87:1 Jack Dinis To Whom It May Concern: Since there was no discussion previous to the March 17th Planning Commission, we had assumed and intended that the application and supporting information was for 800 head of production cows and additional livestock was part of that operation. All information for wastewater from the milking barn, the runoff from the pen area, as well as the overall layout of pens and facilities was designed for that 800 head and approximately 400 additional head. The additional 400 head would account for calves, bulls, replacement heifers and dry cows. Please be advised that the applicant wishes to amend the application to allow for a 1200 head permit which will include all animals associated, with the operation. Based on Planning Commission comments, all other information previously provided shall remain unchanged. Please direct any concerns you may have to myself or Don Carlson_ Sincerely, t 3:%:"t Is Patrick L. &Near ` 870417 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it therefore Resolved by the Weld County,Planning Commission that the following be adopted: CASE NUMBER: USA -777:87:1 NAME: Jack Dinis ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: A Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SE} of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392; west of Weld County Road 55 The Weld County Planning Commission agreed to continue this request to an und.ertermined date to allow the applicant to reapply for 1,200 head dairy or milking stock of 800 head plus replace stock. Adequate information for the appropriate evaluation of this request has not been supplied by the applicant or his authorized agents. This continuance would allow enough time for the appropriate information to be resubmitted by the applicant, reviewed by the referral agencies, and republished in the official ,Weld County newspaper. Motion seconded by Paulette'; Weaver. VOTE— For Passage. Against Passage Lynn Brown Ivan Gosnell Leann Reid Louis Rademacher Paulette Weaver Jack 'Holman The Chairman declared the resolution passed and ordered that a certified' copy be placed in the file of this case to serve as a -permanent record of these! proceedings. 8'70417 USA -776:86:57 Jack Dinis Page 2 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 o£ the Resolution of the Planning Commission of Weld County, Colorado, adopted on,March 17, 1987, and recorded in Book No. %I of the proceedings of the said Planning Commission. Dated the 19th day o£ March, 1987. ooa. 870417 Date: March 17, 1987 CASE NUMBER: USR-777:87:1 NAME: - Tack Dinis ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: A Use by Special Review permit for a livestock confinement opertion (800 head dariy). LEGAL DESCRIPTION: Part of the SE} of Section 16, T6N, R64W of the 6th P.H., Weld County, Colorado LOCATION: North of State Highway 392; west of Weld County Road 55 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicaut has shown compliance with Section 24.3 of the .Weld County Zoning Ordinance as follows: The proposal is consistent with the intent of the Weld. County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies support and preserve agricultural industries and farming; The proposed use is an agribusiness and is provided for as a Use by Special Review in the Agricultuual zone district; - The 'uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural zone district; - No overlay districts affect the site. - Use by 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. $'7041? USR-777:87.1 (JackDinis Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review plat: The Development Standards for the Use by Special Review permit' be adopted and placed on the Use by Special Review plat; The plat be amended to show: a. a seventy-five (75) foot road right—of—way reservation from the centerline of State Highway 392. b. The access to the property shall be from two access locations on Weld County Road 55. No direct access w211 be allowed onto State Highway 392. c. The legend shall identify the soil Otero Sandy Loam, 1 to 3% slopes and agricultural capability subclassification of III a Irrigated, Ive ' nonirrigated. 3. Prior to construction of the dairy facility, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, Water Quality Control Division, has approved an engineering report, prepared by a Colorado Registered Professional Engineer, " demonstrating compliance with its Guidelines for Design of Feedlot Runoff' Containment Facilities. 87041'7 DEVELOPMENT STANDARDS Jack Dinis USR-777:87:1 1. The Use by Special Review permit is for a livestock confinement operation (800 head dairy) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and be maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The waste disposal system for wastewater shall have sufficient storage capacity in the retention basins to store three (3) months accumulation of wastewater and maintain at least two (2) feet of freeboard on the confinement berms above the water surface. 4. Land application of wastewater from the retention basins shall be onto farmland for irrigation and not discharged into state waters. 5. All containment and retention ponds shall be lined with bentonite or clay soil material to retard percolation or infiltration of liquid from the ponds into the groundwater table. 6. Three (3) groundwater monitoring wells constructed to Health Department standards shall be installed adjacent to the containment ponds, one up gradient and two down gradient, to evaluate possible impacts on the groundwater table. These wells shall be monitored twice a year or as required by the Weld County Health Department. 7. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services. prior to the use of the runoff containment facility and the wastewater disposal system, certifying that these facilities are constructed and are in compliance with the stated standard listed hereon. 8. All stormwater and dairy operation_ runoff shall be controlled and confined within the boundaries of the subject property. 870417 Development Standards USR-777:87:1 Jack Dinis Page 2 9. Access to the Use by Special Review facility shall be from the two accesses located on Weld County Road 55 as shown hereon. No direct access shall be allowed onto State Highway 392. 10. The addition of residential dwellings, including mobile homes or manufactured homes, on the property not shown hereon shall require an amendment to the Use by Special Review permit. 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 o£ 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Use .by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 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; Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners.' 870417 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Lynn Borwn that the following resolution be introduced for passage by the Weld. County Planning Commission. Be it therefore Resolved by the Weld County Planning Commission that the following be adopted; CASE NUMBER: USA -777:87:1 NAME: Jack Dints ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: A Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SE} of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392; vest of Weld County Road 55 THE WELD COUNTY PLANNING COMMISSION CONTINUES THIS REQUEST TO MARCH 17, 1987 FOR THE FOLLOWING REASONS: Adequate information for the appropriate evaluation of this request has not been supplied by the applicant or his authorized agents. This continuance would allow enough time for the appropriate information to be submitted by the applicant and reviewed by the referral agencies. Additional information will be needed on the following: 1. The Weld County Health Department, in its memo dated February 13, 1987, indicated that the information submitted on the proposed waste disposal system is insufficient. 2. The vicinity map shall include: The general classifications and distribution soils over the parcel -under -consideration; The names' of alIroads, irrigation ditches and water features. The plot plan shall include: Irrigation ditches, including names; and The location and ;design of the stormwater management devices and structures. The legend of the IIse by ,Special Review plat shall identify the soil classification: names and agricultural capability subclassification. Motion seconded by Lydia Dunbar. 870417 Dated the 18th day o£ February, 1987. ffb 01�t,t,_ Bobbie Good Secretary USR-777.87:1 Jack Dinis Page 2 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 February 17, 1987, and recorded in Book No. %I of the proceedings of the said Planning Commission. a 8'7041'7 Date: February 17, 1987 CASE NUMBER: USA -777:87:1 NAME: Jack Dinis ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: A Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SE} o£ Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392; west of Weld County Road 55 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED TO MARCH 17, 1987. Adequate information for the appropriate evaluation of this request has not been supplied by the applicant or his authorized agents. This continuance would allow enough time for the appropriate information to be submitted by the applicant and reviewed by the referral agencies_ Additional information will be needed on the following: 1. The Weld County Health Department, in its memo dated February 13, 1987, indicated that the information submitted on the proposed waste disposal system is insufficient. 2. The vicinity map shall include: The general classifications and distribution of the soils over the parcel under consideration; The names of all roads, irrigation ditches and water features. 3. The plot plan shall include: Irrigation ditches, including names; and The location and design of the and structures:. stormwater management devices The legend of the Tlse by Special Review -tat shall identify the soil classification names and Lcultural capability subclassification. 8%041'7 The State Highway Department, in its January 22, 1987 referral response, requested that a seventy-five (75) foot road right-of-vay reservation north from. the centerline of State Highway 392 be:shown on the plat and access be limited to -Weld County Road 55. LAND -USE APPLICATION SUMMARY SHEET CASE NUMBER: USR-777:87:1 NAME: Jack Dinis ADDRESS: 16562 Road 4, Wiggins, CO 80654 REQUEST: ,Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SE} of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: North of State Highway 392; west of Weld County Road 55 SIZE OF PARCEL: 70 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: .The criteria for review of this proposal is listed in Section 24_3 of the Weld County Zoning Ordinance. On January 8, 1987, the applicant's agent, Pat McNear, submitted a Use by Special Review Permit Application. The application was determined, at that time, to be incomplete. Mr. McNear requested that' the application he Date: February 10, 1987 submitted be processed. The items needed to complete the application were identified for Mr. McNear on January 8, 1987. To date, these items have not been submitted to the Department of Planning Services. The Department of Planning Services staff has received specific recommendations from the following: West Greeley.Soil Conservation District - Weld County Health Department - State Highway Department Copies of these referrals are included in this land -use summary. The Department of Planning Services staff has not received referral responses from the following: - Weld County Engineering Department - Owl Creek Supply and Irrigation Company - Galeton Tire'Prevention,District A copy of a letter to Mr. Mchear.dated-Senuaty 30, 1987, -is included in this summary. 870417 COLORADO DEPAIIVENT OF PLANNING SERVICES 'NOTICE OF PUBLIC HEARING PHONE (303) 3563000 EXT.4400. 915 10th STREET GREELEY, COLORADO 80631 The Weld County Planning Commission will conduct a public hearing on February 17, 1987, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an 800 head dairy operation from Jack Dints the parcel of land is described as part of the SE; of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado, containing 70 acres, more or less. The property is located approximately north of State Highway 392 and west of Weld Counry Road 55 (on Weld County Road 55). The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above dete or presented at the public hearing on February 17, 1987 Copies of the application are available for public inspection in the Department of PlanningServices, Room 342, Weld County Centennial Center, 915 Tenth Street, _Greeley, Colorado, — Phone 356-4000, Extension- 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by January 30, 1987 Received by: 0 8'7®417 1310417 - -- s• \ 1 I 'M �. 1 1 z 1 � 1 0_ � � A _ Y . eKne O32) 70417 COMMENTS: FIELD CHECK FILING NUMBER: USR-777:87:1 DATE OF INSPECTION: January 22, 1987 NAME: Jack Dinis REQUEST: Use by Special Review permit for sa 800 head dairy operation LEGAL DESCRIPTION: part o£ the SE} of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North of State Highway 392; west of Weld County Road 55 LAND USE: N One residence within one-half mile, corn, pasture One residence, corn, pasture Two residences within -one-half mile, corn One residence, corn,_pasture Agricultural. .Agricultural Agricultural Agricultural This -property slopes -up to the north, weld -County Road 55, a gravel road, is west of the property. State Highway 392, a paved road, runs along the south aide of the property. The, land'is currently in weeds and does not appear to be producing crops at this time. 870417 SENT: REFERRALS ONT: 0/ SR NR REFERRAL LIST APPLICANT: Jack Dinis CASE NUMBER: USR-777:87:1 REFERRRaS TO BE RECEIVED BY: January 26, 1987 N0 SR NR -% County Attorney. _% Weld County Bealth Dept: % Engineering Department' % County Extension Agent. % State: Engineer. Division of Water Resources 1313 Sherman St., Room 818 Denver,; CO 80203 % State Highway Department. 1420 2nd Street Greeley, CO 80631 % Owl Creek Supply and Irrigation Company Box 2J6 Eaton, CO 80615 % Greeley Soil Conservation Service - 4302 9th Street Road Greeley,; ;,O 80631 % Galeton Fire District., n/0 Orrin Nero P.O. Box 369 Galeton, CO 80622 NO -No Objection' SR -Specific Recommendations' NR-No'Response 8'7©417 i STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Sox 850 -.Greeley, Colorado : 80832.0850 (303) 353-1232 ` January -22, 1987 Mr.'KeithrkSehuett Department of Planning Services Weld County 915 10th Street Greeley, CO .80631 Dear Mr. Schuett: Weld Co., S.H. 392 Dinis Special Review NW Cor. Jct. SH 37 and SH`392 DOH File 45100 We have reviewed the Dinis Use by Special Review application, and we have the following comments: 1. Projected traffic on State Highway 392 indicates the need for a 150 —foot total right o£ way, 75 feet each side of the highway centerline. Since the existing width along this property is 30 feet north of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. 2. Access to this property for the proposed dairy operation is to be obtained from Weld County Road 55 rather than to State Highway 392. This is consistent with the State Highway Access Code since a direct access to S.H. 392 would not be permitted to this property. We note that an existing access to the highway is shown on the application map. This access should not be used because it is too close to the county road and is not consistent with'the access category for S.H. 392. Thank you for the opportunity to review this application. Please contact Wally Jacobson at this office if you have any questions. Very truly yours, ALBERT CHO ACS DISTRICT Jdbn K.. Crier` Dis •'ct Planning/Environmental Manager JKC:mbc(WJ) cc: D..Yost Area Foreman File: Crier -Jacobson via Chotvacs @IN _ _ r JAN 28 1887 8'7041'7 Yield Co. Plam'tin ccemrstas / ;KITED -STATES -,-DEPARTMENT OF AGRICULTURE • Soil Conservation Service 4302 W_ 9th St. Rd. Greeley, CO 80634 (303)356-6506 February4, 1987 Board -of Supervisors West Greeley Soil Conservation District P.O. Box 86 Greeley,.CO -8O63Z Weld County Case Number: USR-777:87:1 Gentlemen: I have reviewed the application from Jack Dinis for a"Use by Special Review_ for an 800 head dairy operation in part of the SE 1/4 of Section 16, T6N, R64W. The parcel of land for which this application has been submitted is north of State Hwy. 39Z and west of Weld County Rd. 55. The entire site as shown in the Soil Survey of Meld County, Southern Part is made up of Cuero sandy loam, 1-3i slopes, rather than OterO sandy loam, 0-1% slopes, as stated in request. The only difference is the increase in slope which increases the storm runoff potential. These soils do have one limiting characteristic for this site plan. In that the substratum, the soil exhibits a moderately rapid permeability which may cause contamination of ground water by seepage from the animal waste lagoon. I would suspect in this area below Howard Lake that ground water may be close to the soil surface (within 10 feet), therefore, seepage may be a concern until the lagoon is sealed after the first season of use. Construction of an animal waste lagoon on this site due to slope will probably require diking these soils which are subject to piping and may cause failure. Attention to proper construction of the animal waste lagoon will be essential for proper success of the proposal. I can see -no- other conflict with district priorities and recommend approval with a copy of above comments. ; V -de Ronald D. Miller District Conservationist Greeley Field Office �l RDM/kep 870417 Ant; EIDA€ COLORDO mEmoRIVnduM Veld County Planning January 23, I9S7 To Date //�� Health Protection Services P j I From 1 Case Number: USR-777:87:1 Name: Dinis, Jack subject• - Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. The application, as received by the Health Department, Is not complete. !lore specific data will be required for review by staff. Applicant can contact this office to discussadditional dace .that 'is iequired.- Direction of Ralph R..gooley, M.D. 7 LJ 8'7041 Weld Co. fiamams a* DEP. ENT OF PLANNING SERVICES PHONE (303) 3564000 EXT. 44ot 978 loth sTREt GREELEY. COLORADO 8063 - Patrick L. McNear .Scott Realty Cozpany 1212 8th Avenue Greeley, C0 80831 Re: Use by Special Review permit. Dear Mr. McNear: As of January 29, 1987, the materials requested of you to complete the Use by Special Review permit application have not been received. The items that need to be addressed in more detail are: The types of existing uses on surrounding properties; The types of sewage facilities for the proposed use; A description of the proposed fire protection measures associated with the proposed use; The type and size of any waste stockpile or storage acres associated with the proposed use; Type of stormwater retention facilities associated with the proposed use; A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County; A soil report of the site. If the soil report indicated the existence of moderate or severe soil limitations, for the proposed use, the detailed methods used to mitigate the limitations shall be identified. (The soils indentifiedin the soils report submitted are -not the same as those located , on tha.property). 8'70417 Ari-peze.// % -7C C� 21' r Patrick . McNees January 29, 1987 Page 2 The vicinity map should show the general classifications and distribution of soils over the parcel under consideration; The soil classification names and agricultural capability classification should be noted.in the legend: The vicinity map should show the names of all roads, irrigation ditches and water features; The plot plan should include irrigation ditches (including names); and 6 The plot plan should storm water management devices and structures. show the location and design of the In addition to the items listed, the Health Protection Services has. requested that more specific data be provided. Please call or write Wes Potter for the specific data that is requested. The Health Protection Services' address and phone number are: Weld County Health Protection Services 1516 Hospital Road Greeley, CO- 80631 (303) 353 -0635 - Should --you have any questions, please call or write. Sincerely; tb A. -: Schuet�`- Current Planner KAS:dy pc ,Tack Dinis 16562 Road'4 Wiggins, CO 80645' 8'7041'7 1 o ft, COLORADO To Health Protection Services From • • MEMORRITUM Weld County Planning January 23, 1967. Den Case Number: USR-777:87:1 Subject. Fame: Dints, Jack Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. The application, as received by the Health Department, is not complete. Pyre specific data will be required for review by staff. Applicant can contact this office to discuss additional data that is required_ By Dlrection of Ralph R. Wooley, M:D_ )� JAN 26 1887 8'7041'7 Wald Co- Pint% iiu at. SURROUNDING PROPERTY OWNERS Jack Dinis USR-777.87:I Amigo, . Farms Box -60; Milliken, CO.80543 Bill Howard 26797 Highway 392 Gill, CO .80642 Myron'Phinney 33020 Weld County Road 55 Gill,, CO 80642 -Don McClain 33899: Weld County Road 55 Gill, CO ' 80642 Gill Land Associates 745 Lincoln Loveland, CO80537 8'7041'7 SURROUNDING MINERAL OWNERS USit 777:87.1 Jack Dinis State of Colorado 623 State Centennial Building. 1313 Sherman Street Denver, CO 80203 8'7041'7 COUNTY OF WELD, STATE OF .COLORADO DEPARTMENT: OF.PLANNING 'SERVICES 915 - 10th Street Greeley, Colorado 80631 To Whom It May Concern: I hereby authorize Scott Realty Company, 1212 - 8th Avenue, Greeley, Colorado to represent my interests, or to act in my behalf, in obtaining a permit to operate an 800 -head dairy operation on the land I have contracted to purchase which is located in the East Half and the Southeast Quarter of Section 16, Township 6 North, Range 64 West of the 6th P.M'., Weld County,, Colorado. 8'70417 Case Number Application Checked by Application Fee, Recording Fee USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Phone — 35915 Tenth Street, Greeley, Date Received Mylar plat submitted Receipt Number Receipt Number Colorado 80631 maw war nillanaiSMITWEINE TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature I (we), the undersigned, hereby request a hearing before the Veld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area o£ Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Pt SE Y. Section T 6 N, 64 W LEGAL DESCRIPTION of contiguous property owned R upon which Special Review Permit is proposed: Section Property Address (if available) PRESENT ZONE AOriCUltUral TOTAL ACREAGE 70 PROPOSED LAND USE 800 hd Dairy Oneration EXISTING LAND USE Crop Production OVERLAY ZONES None 16 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Nama: ,lark Dinis Address= 16;62 Rd a Citq wignint Rome Telephone # dA1_7779 Business Telephone # _ Zip zonSb Name: Zip Address: City Nome Telephone # Business Telephone .# APPLICANT OR AUTHORIZED AGENT lit different than above): Name: Address: Home Telephone # List the owner(s) and/or properties of record. Name: Section 16 is Stae Owned Mineral Rights Address: Name: Address: City City Zip Business Telephone # lessees of mineral rights on or under the subject Zip City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best -of my knowledge. COUNTY OF WELD ) Jack Dinis by Patrick L. McNear, Agent STATE OF COLORADO ) Q . �. 'b i- ap- " ' i�QAd CIA Signature: OrYaer or Authdrized Agei+lt Subscribed and sworn to before me this 7 da 21yl4y 191Z. d -tt//,, vi,/,,, My commission expires /a d)? /97D UBLIC' / 870417 i Gentlemen: December 11, 1986 Jack Dints has contracted to purchase 70 acres located in the SE 1/4 of Section 16, 6N, 64W, Weld County. It is his intent to build and operate an 800 head dairy operation which should provide a market for some o£ the feed raised in this strictly crop production area. The nearest residential structures are currently located 1/2 mile to the north. 800 feet to the south, 1400 feet to the southwest, and 2500 feet to the west from where the operation will be located. The business will be a family run operation-- being Jack and his two sons. Domestic water is available through North Weld County Water District. Two accesses located approximately 2000 feet north of Hwy 392 on WCR 55 will be necessary to accomodate the following vehicular traffic: one semi truck daily for milk pickup approximately 70,000 lbs loaded, 2 semi loads per month protein, 1 semi trailer per month in and out Livestock shipping and receiving, 6 semi trucks of feed rations per month, enough local farm traffic to deliver approximately 6,000 tons of silage during September and remove 10,000 tons of manure January through March. Runoff containment will be a lagoon type and will be built according to State Health Department standards. Manure will be stockpiled on the property and sold or given to neighboring farms for removal. Land not in feedlot will be planted to pasture. The applicant intends to begin construction this spring and intends to be in production by the end of summer. This proposal is consistent with the County Comprehensive Plan and the intent of its district as it should provide much needed market for crops raised in the area as well as jobs and tax revenues: The use should not affect the health, safety, or welfare of the neighborhood or county. To my knowledge the proposed use will not be located in a flood plain or any overlay district. Jack Dinis or myself will be available to address any concerns.' Patrick L. McNear on behalf of Jack Minis 870417 REALTY CO. RE: Contract dated /2128th AVENUE GREELEY, COLORADO 80631 TELEPHONE (303) 362-1212 DENVER METRO 673.1672 REALTOR' AGREEMENT TO AMEND/EXTEND CONTRACT December 17th ,19 86 May 22nd, ,19 86 between JACK DINIS (Purchaser), and WILLIAM HOWARD and RUTH M. HOWARD (Seller), relating to the sale and purchase of the following described real estate in the County of Weld Colorado: A portion of Section 16, Townhip 6 North, Range 64 West of the 6th P.M. also known as No. 70 acres, more or .less Purchaser and Seller hereby agree to amend the aforesaid contract as follows: 1. The date for closing and delivery of deed is changed to (Property). 2. The date for furnishing abstract of title or commitment for title insurance policy Is changed to 19' 3. The date for delivering possession of Property is changed to date of closing ,19_ 4. The date for approvalofnew loan is charged to N/A ,19 5. -Outdate for lender's consent to loan assumption or transfer of Property is changed to 8. Other dates 10Mit in said contract shall be charged. as follows: None March 15th 19 87 February 15, 1987 N/A ,19 . 7. Additional amendments: 1) Purchase Price shall be $60,000.00 payable as follows: $ 5,000.00 as receipted for in the above referenced Contract; and $55,000.00 PLUS customary closing costs -payable in cash/certified funds at time of closing; 2) The Right of Way for the pipeline to b6nefit-Amigo Farms, Inc. shall be relocated within fifteen (15) feet of the northerly boundary -line of said.70 acre parcel. All lothtr terms and conditions of said contract shall remain the same: 1 <r _ i Purchaser. \ Date �• 7.44e4-acc., Seller /-- to --S Date< Purchaser Date Seller Date 87041'7 oz,,,,, • 8OARD OF DIRECTORS ENT TIO6E3 �'► ALEX HEIOENREIGH ROBERT ALKIHE MANY SIMPSON W.M. MOW 1.`WV, .1 .r+• January 7, 1987 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: SE* 16-6-64 NORTH WELD COUNTY WATER DISTRICT HIGHWAY 85 LUCERNE. COLORADO 80848 LYLE NELSON, MGR. P.O. SOX 58 - PHONE 358.3020 - William Howard 1. Y Water service is presently being provided. to the above described property. 2. g Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have nct been'consumated with North Weld County Water District "within:.one year from date of this letter, this letter shall become null and void. 'Additional comments: Sincerely, - NORTR "WELD CO WATER DISTRICT 8'7041'7 SOIL SURVEY 50 —Otero sandy loam, 0 to 1 percent slopes. This is a deep, well drained soil on smooth plains at elevations of 4,700 to 5,250 feet It formed in mixed outwash and eolian deposits. Included in mapping are small areas of soils that have loam and clay loam underlying materiaL Typically the surface layer Is brown sandy loam about 12 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Generally, such charac- teristics as a high clay content or a rapidly permeable substratum slightly restrict some crops. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods- Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are akunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soiL Ring-necked pheasant, mourning dove, and many non - game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding arcs has resulted in urbanization of much of this Otero sort This soil has excellent potential for urban and recrea- tional development .The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass Its irrigated. 8'70417 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please .print or type NAME ANTAL) FARMS ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION I Rnx 6t1 MITlikan rn $nc43 0801 1c000n5a RTII HOWARD ?6747 Hwy 342 Gill. CO 80624 nRn115nnOnn4 MYRON PHINNEY 33020 WCR 55 080115000055 Gill. CO 80624 DON McClain 33899 WCR 55, Gill CO 0801160QQQ63 GALL LAND ASSOCIATES 745 Lincoln 08015000037 GILL LAND ASSOCIATES Lovelarid. CO 80537 745 Lincoln Loveland. CO 80537 080127000011 GILL JAND ASSOCIATFS 745 linrnIn 080121000005 Loveland •CO 80537 870417 • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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. P�► M Q-1\fru The foregoing instrument was subscribed and sworn to before me this day of Jarmary , 19 87. WITNESS my hand and official seal. My Commission_ expires: March 6, 1990. 7th Publi 8'70417 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) COUNTY OF WELD ) SS. 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 leases of mineral owners on or under the parcel of land which is the subject of the application as their names 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 aaattorney._ `Mcf) psi . The foregoing instrument was subscribed and sworn to before me this day of January WITNESS my hand and official seal. Hy Commission expires:__ March 6, 1990. 19 87 aPu 7th z// 8'7041'7 ARLSON ENTERPRISES 18888 W.C.R. 70 Greeley; Colorado 80631 Mr. Keith Schuett Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Office: 303 • 352.0160 Answering Service: 303.352. 5544. at i l Subject: Use by Special Review - Jack Dinis Dairy Operation Dear Mr. Schuett: This letter information 1. General the parcel. Plan, the soils type is "Otereo Sandy Loam." The entire parcel is the same soils type a.s well as all the adjacent properties. The previously submitted engineering report (February 10, 1987) includes the full description o£ this soil type for the 1 - 3 percent slope category. is in response to your request for additional concerning the Jack Diris Use by Special Review. classifications and distribution of soils over As indicated on the Vicinity Map and Plot The report also identified the General Soil Association as "172 - Renohill-Shingle Association: Warm, moderately deep and shallow, well -drained, gently sloping and sloping soils on upland plains." It also identified the "agricul- tural land capability class" as being "Class Iv, vI - Irrigated." - I have; placed this information on the vicinity map as requested. 870417 Keith Schuettill Re.Use by Special Review - Jack Dinis Dairy March 10, 1987 - page 2 2. Names of all roads, irrigation ditches and water features. The roads are identified on the plot plan as being County Road No. 68 and County Road No. 55. This information has been added to the vicinity map. There are no irrigation ditches or water features on the parcel under consideration except for Owl Creek, which runs along the west property line and a small unnamed pond near the northwest corner. Ow1:Creek is clearly identified on the vicinity map; however, the word "Creek" was inadver- tently omitted. It Las been added to the vicinity map. One extension of the Eaton Ditch lies to the north of the parcel approximately 1/3 mile. Howard's Lake also is located to the north approximately 1/2 mile. Howard's Lake was identified on the vicinity map, and Eaton Ditch has now been added. Greeley Canal No. 2 lies approximately 3/4 miles south of the parcel. 3. The plot plan should include"irrigation ditches, including names." There are no irrigation ditches on the parcel. The nearest ditch is approximately 1500 feet to the north of the north property line (Eaton Ditch). 4. The location and design of the stormwater management devices and structures. The location o£ a runoff lagoon is identified and located on the plot plan. The proposed shape of the facility along with drainage collection loca- tions are identified on the Generalized Plot Plan which was included previously in the engineering report. This information has been added to the plot plan, along with clean water diversion ditches. The milk barn waste- water treatment system .is also shown but is not part of the stormwater management or runoff containment systems. Design information for the stormwater management plan has been included in the engineering report. Additional information is included with this letter. 870417 Keith. Schuette 4111 Re,Use by Special Review - Jack Dinis Dairy March 10, 1987 - Page 3 5. Soil classification names and agricultural capability subclassifications should be identified. This information was provided previously in the engineering report. It has now been added to the special review plat. Concerning the milk barn waste disposal system and the runoff containment plan, additional information is being supplied with this letter. Waste Disposal System - Previous conversations with Mr. Wes Potter, Health Protection Services, recommended that the milk barn wastewaters be treated using an underground pipe- line, septic tank system and parallel holding ponds, each with a sedimentation facility. This recommendation was accepted and submitted to the County Planning Department February 13, 1987 Estimated flows, capacities and design features were included. Runoff Containment System - Design information was included with the engineeringreport. Additional information is included with this letter: Thank you for your comments. 8'70417 INHILL —iikekar-J.CG1.GocL AikaidA!) DATE - _ ..' WET NO.1_OF b __ PROJECT NO. D6s7tiCl..�;t1-RA( AtteN rAe (est; aoa f ,c2) gefrOV7 ; :9d ;' Of fs, 7 A, f frets ` Git /k!4d t cc4-57 - fdi = w /eel_ 870417 r - SUBJECT_ _ - LL �,Q�uyrliG�.s'- ATE _ _ 'Er NO_L _OF_ d__ D PROJECT NO. 0) Vie; fiarrs evil/ yara4.P s-Oc2:te -Oe car( a-e:e /cad Lies wi, 44, Abler- --,Le cety4-- f "4. -id z s, Jed4pejert. 7sit, izt;-4 rud s ripen! a-ge-e iefae :tageftvy -� 14- sere ea ,C ce,ca��Q are( Apt: aelest a Sr.? e 41.asaze-te°- -Covizzatbr--- ' . - % :-a- Cron 44-ec zGot1,001siGG��°d/_:_S r.d✓ f�Y�:. -le- 044 Yz .� � 4"v�e.C Lies -5 1 lei - X12/1:! .-_ esGiiiit: , sari PROIEL'T. NO - 4A -41 reZtg Ole"( CreleaCial, �. P X74 �f�eoes ..P atese Cr) 4# ek7_,;€41- i ease 11'W- Lre_ez _-eta 21dcait G€-i- �1�-,� 870417 CHLL SUBJECT _DATE__ ET NO.--OF- a _. PROJECT. NO_ tetaucavrrrerufro _ UNCovrRwtiAA, DtItK OlUeetto2v' -41-acm-0.--ft.ers;azai 194-clund -1UHILL 2 SUBJECT 0- O�,A((TE _ *ET NO. -1 -110P - PROJECT NO - 4 o 1 fiCiCt CoyAci n" -, . _ 47. _ A-.1, _3_/or- , c G a • • • 6.2 / A� Point Siva crest' . wc4-j or) Csecnoy,) c --c) _.?c -rat- :elfftesr___: o.S7 "_SGQOE 8'7041'7 SOBJEnT �IIH LL • • di DATE__ ET NO. -4.. -0F — PROJECT NO. 8'70417 SUBJECT GeY ,._5(L.L/��C—____ y CAsays. OATS _ — _ BEET PROJECT NO. .rt _ da arY. art- elan . = Soda d-Oo S __C61.1�xr < a. _sFrn-Ac nIrcle _ Sa ins 5,544x. ____________________ - 02:0 xdU • • • A erne nthv s2a X 870417 ARLSON NTERPRISES 16898 W.C.R. 70 Greeley, Colorado 8063, February,11, 1987 Mr. Keith Schuett Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Subject_ Use by Special Review Jack Dinis Dairy Operation Dear Mr. Schuett: Pursuant to my telephone conversation with you and discussions with Mr. Wes Potter, Weld County Health Protection Services, the following condition of approval regarding the treatment and control system for the milking barn wastewaters would be acceptable. The applicant will work closely with weld County Health Protection Services by providing a design of a system accept- able to the County to control wastewaters from the milking barn and thereby minimize any potential for water quality degradation and for objectionable odors. Mr. Dinis has every intention of meeting any and all require- ments the County and State has with respect to environmental concerns. One acceptable system would consist of a sediment pond, followed by an underground septic tank, followed by two parallel retention facilities. The result would be a reduction in the potential of odor -producing anaerobic decomposition of the milk barn wastewaters. Other systems will -also be evaluated, as well. The selected alternative will be submitted to Mr. Wes Potter for his review and approval." We would.bope to utilize Mr. Totters experience in selecting a system which meets County ;requirements. 870417 February 11, Keith Schuett� Page 2 The system will be designed by a licensed professional engineer, as will the feedlot runoff containment system. I,will work closely with your office and assure you of our intention to provide any material or -information necessary. Sincerely, Don Carlson, F.E. 8'7041'7 PRELIMINARY ENGINEERING REPORT AND USE BY SPECIAL REVIEW INFORMATION FOR JACK DENNISDAIRY OPERATION WELD COUNTY DON CARLSON, P.E. ENGINEERING CONSULTANT 16696 W.C.R. 70 GREELEY,'CO 80631 SPECIAL REVIEW INFORMATION PART.' 2 1. Proposed use - The proposed use of the site is for an 800 -head dairy operation_ 2. Need for use - The applicant has been in the dairy business for many years and wishes to build a new facility in weld County. The operation will provide a market for local feed crops. 3. Surrounding land uses - All of the surrounding land is in agricultural use, i.e. farms, pasture, snail livestock operations. 4. Distance to residential structures - 0.5 miles north; 800 feet south; 1400 feet southwest; 2500 feet west. 5. Number of users - This will be a family operation with no outside users, patrons, members and buyers_ 6. Employees, shifts, hours - The applicant and his two sons will operate the dairy with milking shifts and work hours appropriate for the number of cows. 7. Water source - North Weld County Water District supplies domestic water for the site. 8. Access - Access locations have been identified on County Road 55 as shown on the application exhibit. 9. Vehicular traffic - See letter_ from Patrick McNear dated January 11, 1386 for details. sewage facilities - Domestic sewage facilities will consist of septic tank and leach field for living units..:. 8'70417 • s 11_ Fire protection - The site is located within the Eaton Fire Protection District. Appropriate precautionary measures will be taken for the milking building, such as strategically located extinguishers, as per insurance company requirements_ 12. Animals - The dairy facility is planned for a long --term ultimate capacity of 800 cows. The operation will start out at approximately 400 cows, and its growth will be dependent on the economic viability o£ the dairy. 13. Waste storage - There will be stockpiles of manure in the pens and adjacent to them within the runoff control drainage area. Manurewillbe removed from the site annually for use as fertilizer on nearby cropland. wash water from the milking barn will be temporarily stored in a parallel lagoon system as described more fully in this report. 14. Storm water retention - Contaminated storm water runoff will be diverted from the pens to retention facilities (see Preliminary Engineering Report). Uncontaminated storm water will be diverted around and away from any areas which could contaminate the water (see Preliminary Engineering Report). All storm .water control systems will be designed according to appropriate State and County guidelines and criteria by a� registered professional engineer_ 15. Other waste removal - The applicant will operate and maintain the dairy facility in such a way to eliminate the accumulation of junk, debris and other wastes. Cleanliness will receive top priority. 16. Landscape and erosion control - The site is located on constant 2% grade, which will greatly reduce erosion, potential. Undeveloped areas will be seeded to' pasture grasses. The farmstead will be landscaped in'much'the same fashion as rural farm- steads in the area_ 8'7041'7 • 17. Reclamation procedures - If reclamation was ever necessary, all facilities could be dismantled and removed. Runoff storage and containment facilities would be filled, regraded and seeded with natural pasture grasses. 18. Timetable - The estimed construction and operation schedule is as follows: County approval - February 1987 Begin construction - March 1987 End construction — August 1987 Begin -Operation — September 1987 8'71341'7 S70417 Part 3 1. Comprehensive Plan — weld County intends to promote agricultural uses in agriculturally zoned areas, provided other appropriate concerns can be addressed. This operation is consistent. 2 District - This proposal is consistent with the intent of the district in which it is located. 3. Conserve agricultural land - N/A 4. Protection of neighborhood - The dairy operation will be designed, constructed and operated with provisions to protect the health, safety and welfare of the neighborhood and the county. 5. Compatible uses - The surrounding areas all consist of agricultural land uses, primarily crops for livestock feed production (corn, silage corn, alfalfa hay). The proposed use will, in fact, provide a market for locally grown feed crops. 6. Future development --The Comprehensive Plan of Weld County has identified this area as existing and future agricultural use; therefore, the proposed use will be compatible with the future development of the area. 7. The use by special review area is not located in a floodplain, geologic hazard, and :field County Airport overlay district area. 8. A water supply adequate in terms of quality, quantity and dependability is available from North Weld County Water District (see copy of letter). 9. A copy of a legal instrument identifying the appli- cant's interest in the property will become a part of this information upon closing `of'the purchase of the land by the applicant. The transfer of ownership of the land to the applicant will be final- ized upon teceipt of the Use by Special Review Permit. • • 10. Noise report - N/A 11. Soils report - The General Soil Map for Weld County identifies this land to be contained in Soil Association 172 - Renohill-Shingle Association= Warm, moderately deep and shallow, well -drained, gently sloping and sloping soils on upland plains. The "agricultural land capability class" is Class IV, VI - Irrigated. (See additional soils infor- mation contained with this information.) 12. Adjacent property owners - Previouslyprovided. .Mineral -owners - Previously provided. EtG41'7 United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station • • • . _.: +Niel-) .E - . • 52 -%47 7-��;' '47 - 77 , •,'. V try Y 51. 37 . // Y • 36 51 • 4 ', . l �. 4�. _ 52 0 e r $. �' St ' .51 - i q h • -ter - . ;47 �:. i. -F G` r• + ci L - • p arm as .. '' - 52s /52 . ;,, 9rtt. :� . iii r _ k —t 6l- - 5t SlI 4G. ,. 64 IV 7 53 52 - a) �� 51 ...... 62 0'� -' it P �1 67 52 ` .�I 51 __ _ 1� d St 47• -: 17-- i 64 51 .1 L ,. 4 /� tCsiat i 1 . 65 65 /./. 37 IISSii.•.Fa"Y�.i. 'SI t .0 4"P �, ', ��, 6' 6l- /' F. F + ,i 3J 64 • 40:t 76 51. 06 51 65 r 20 4 • �'37 i 51', „r, 64. ; 6l- 37 • ci. - C •r 67 • 64 65 h"• 1 • I ` , 4 • ` 1k 51 E 11 1 • •+ °f ! -L —•••.5",t-rift 46 + t. .. "•�-: t li . - e .• f .32 ` y� • 74. 51 ,r v 32 \ !?* -� sl�•.•t - i ;". mss �. l:'s _,,0 `+ st . -7� J �• �':. • „`-.. 870417 . or drilled into a firm, clean solum stubble. Seeding early in spring has proven' most successful Brush management can also help to improve deteriorated range. Windbreaks and environmental plantings are fairly well suited to this soil Blowing sand and low available water capacity are the principal hazards in establishing trees and shrubs. This soil is so loose that trees should be planted in shallow furrows, and vegetation is needed between the rows. Supplemental irrigation may be needed to insure survival Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, and Siberian elm. The shrubs best suited are skunkbush sumac, lilac, and Siberian peashrub. Wildlife is an important secondary use of this soil The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Few areas of this soil are in major growth and ur- banized centers. The chief limiting feature is the rapid permeability in the substratum, whip$ causes a hazard of ground water contamination from seepage. Potential for recreation is poor because of the sandy surface layer. Capability subclass IVe irrigated, VIe nonirrigated; Deep Sand range site_ 56 —Otero sandy foam, 0 to 1 percent slopes. This is a deep, welt drained soil on smooth plains at elevations of 4,700 to 5,250 feet. It formed in mixed outwash and eolian deposits Included in mapping are small areas o€ soils that have loam and clay loam underlying material. Typically the surface layer is brown sandy loam about 12 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing'com, sugar beets, beans, alfalfa. small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Generally, such charac- teristics as a high clay content or a rapidly permeable substratum slightly restrict some crops All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- SOu. suRvex tivating only Ike tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil Ring-necked pheasant, mourning dove, and many non - game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas o£ intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soil This soil has excellent potential for urban and recrea- tional development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow welL Capability subclass IIs irrigated. 51 —Otero sandy loam,.1 to 3 percent slopes. This is a deep, well drained sod on plains at elevations of 4,700 to 6,250 feet. It formed in mixed outwash and eolian deposits Included in mapping are small areas of soils that have loam and clay loam underlying materiaL Typically the surface layer is brown sandy loam about 12 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam. Permeability is rapid- Available water capacity is moderate_ The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is Low This soil is used almost entirely for irrigated crops_ It is suited to all crops commonly grown in the area Land leveling ditch lining, and installing pipelines may be needed for proper water application_ All methods of irrigation are suitable, but furrow ir- rigation is the most common Barnyard manure and com- mercial fertilizer are needed for top yields In nonirrigated areas this sod is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat The predicted average yield is 28 bushels per acre_ The soil is summer fallowed in alternate years to allow moisture acetunulation_ Generally precipitaiton is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control water erosion. Terracing also may be needed to control water erosion. The potential native vegetation on this range site is dominated by sand bluestem, sand reedgrass, and blue grams Needleandthread, switchgrasa, sideoats grama, and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass.. 'and switchgrass decrease and blue grama, sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grams, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livesrnck It can be seeded into a clean, firm stubble, or it can be drilled into a firm prepared seedbed. Seedirg early in spring has proven moat sueessfuL Windbreaks and environmental `landings are generally suited to this soiL Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between, the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil Ring-necked pheasant, mourning dove, and many non - game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soiL This soil has excellent potential for urban and recrea- tional development The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well Capability subclass life irrigated, IVe nonirrigated; Sandy Plains range site. 52 —Otero sandy loam, 3 to 5 percent slopes- This is a deep, well drained soil on plains at elevations of 4,700 to 5,250 feet It formed in mixed outwash and eolian deposits. Included in mapping are small areas of soils that have loam and clay loam underlying material Also in- cluded ate small areas of soils that have sandstone and shale within a depth of 60 inches. Typically the surface layer of this Otero soil is brown sandy loam about 10 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to the crops commonly grown in the area Perennial grasses and alfalfa or close growing crops i 1113 COUNTY, COLORADO, SOUTHERN PA 35 should be grown at bast 50 percent of the time. Contour ditches and corrugations can be used in irrigating close grown crops and pasture. Furrows, contour furrows, and cross slope furrows are suitable for row crops. Sprinkler irrigation is also desirable. Keeping tillage to a minimum and utilizing crop residue help to control erosion. Main- taining fertility is important. Crops respond to.applica- tions of phosphorus and nitrogen. The potential native vegetation on this site is dominated by sand bluestem, sand reedgrass, and blue grams Needleandihread, switchgrass, sideoats grama, and western wheatgrass are also prominent Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease, and blue grama, sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grams, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soiL Soil blowing, the principal hazard in establishing trees and shrubs; can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time ofs-pLmting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine; Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this sot Ring-necked pheasant, mourning dove, and many non - game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soli. The soil has excellent potential for urban and recreational development The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well Capability subclass 'Ile irrigated, Vie nonirrigated; Sandy Plains range site - 53 --Otero sandy loam, 5 to 9 percent, slopes. This is a deep, well drained soil on plain* at elevations of 4,700 to 5,250 feet. It formed in mixed outwash and eolian 87041'7 GENERAL COMMENTS 1. Milk barn waste waters will consist of milking parlor wash -down and cow holding pen wash waters_ These waters will be collected through drain systems in the barn and be piped (gravity flow or pumped, if necessary) to the containment area for milk barn waters. This containment area will consist o£ two nor. - discharging retention facilities constructed and operated in parallel whereby one will be in use while the other is pumped out and allowed to dry. They will be sized to retain one, to three months quantity of milk barn water. The quantity of water will vary significantly, depending on clean- liness of incoming animals, evaporation rates from the retention areas, and other climatic and operational conditions_ The water pumped from the retention area will be used for land application/irrigation. 2. Runoff from the livestock confinement areas will be collected and conveyed to the pen runoff contain- ment area_ It is sized for the 25 -year, 24 -hour precipitation event as required by the State of Colorado. The facility will meet all design guide- lines issued by the Colorado Department of Health, Water Quality Control Commission (May 1970). The runoff containment system will consist of drainage collection ditches, sediment pond, and a single containment facility. 3. All uncontaminated runoff will be diverted around the livestock area and not be allowed to flow into the containment areas. 8'7041'7 A. • COO eledka 6-eNeittartv-z€D PGor i°LAA• (Nor. 71, SCAGE MILK 8;t etv 44.1 easta.w0 z' boa/NE �• / I COA r INAtOUT iti2J A /r , PDS- MI LIZ 6It tAi / WATtAf rr _1 I. I- — — — I -- , --- I- rJ Sti� 6 }0 Eve Met I �1 P-Kric& D rNIra CoNvow «r fDA ?gnl Ru yone AM -A N \t _ t t { ,fU4tace isitAr DACE Pen) Atitem 870417 DESIGN INFORMATION Barn Wash Water Containment: Estimated water use can range from a minimum of a few hundred gallons per day for an 800 -head dairy to as much as 8,000 gallons per day (10 gallons per head per day). Example: 5,000 GPD = 668 C.F./day 720,00-0 C.F./month 20,000 C.F. = 200' long x 20' wide x 5' deep As the final designs for the milking barn and wash areas are finalized, so will the designs for the retention system. Runoff Containment Facility: 25 -year, 24 -hour precipitation event 3.0 inches Runoff = 2.07 inches (SCS CN of 91) Pen area - X50' x 1000' - 65O,00O S.F. _ 14.92 acres or 15 acres Runoff volume = 2.97 inches x 14.92 acres = 2.57 acre-feet Allow 20% for sediment capabity = 0.51 A.F. 8'70417 STORM WATER MANAGEMENT PLAN The following considerations are pertinent to the management of uncontaminated storm water runoff for the entire site. County regulations essentially require that the quantity of "post -development" runoff not exceed the "historic" or "pre -development runoff. The 100 -year frequency storm is typically used in this analysis_ However, the County does not specify the length of design storm, i.e. 1 -hour, 5 -hour, 24 -hour, etc.) For this reason, it is not possible to perform detailed quantitative analyses. However, the following generalized conclusions can be made: 1. The 100 -year historic runoff from the entire site will not be exceeded after the parcel is developed, since nearly 808 of the acreage will retain its same runoff characteristics. The remaining 208 or 15 acres of pen area will be entirely detained in the runoff containment facilities. 2. Furthermore, it is the intent that contaminated runoff be controlled for water quality: purposes and that, uncontaminated runoff be diverted through the area and kept from comingling with other waters. 870417 CONCLUSION Section 8.3.4 of the Guidelines for Design of Feedlot Runoff Containment Facilities states that an engineering report should be prepared and submitted to the Water Quality Control Division 60 days prior to construction for review of any type of control or treatment facility. The report is to be prepared by a registered professional engineer_ This requirement will be met. In addition, the same report along with additional information as may be required by the County will be supplied to the County at the same time. Because of the preliminary nature of the applicant's proposal, sufficient details necessary to prepare the above-mentioned.report are simply not available. Based on my professional judgment, runoff containment facilities can be designed, constructed and operated so as to meet any and all County and State regulations_ 8'7041'7 A w ..t°. h -.8 o ty n n ,et. o 1 U ;t� 4� c s t t t can �oit. Z es. a 2 I I t i 1 . . 1 Z - r } } M , h _. - \ T , m i - •I` • �t pP _ a • g n fP } � fe. k, a 2 } lr `" a r } } \ - vi < •, o m t t - 2 2 - .— , 41 + P J 4 'S e 1I i If ITT! n l }w IS °eo ' 1 a c ', ill I It% ....vs, z t : '1/4 -;-"'.2 . a mIII. n ts 3 z z • A s t y � N ' 2 • N. te4 ' ' st-ft1/4\- - t ' 4 wlit • i • ru Q' a a m N ti -13 a a m M A O 1' P F N J+ OHO !] V O Z q m H a C] G P+ 3 V zC a c p F M c� v N N 0 q mco C ¢s O O cc U M1 ^ Cc, 7 a r"--- "" cD H m N V cn O _ _ _ 5.n • 771 Gx77. €i7041'7 41 ; Camplate ltennl and 2 when addition aarvicaian drdrad, anddmmplaa iteraa 3 an -4. ;W.drba in the nRIEWRN Z,4,:: pactonttr,mWalisida:FaIWeRtoosthYisAt praranyMb .: . MYRON PHINNEY' 33020 WELD COUNTY ROAD 55 GILL, CO 80624 BILL HOWARD 26797 HWY 392 GILL, CO 80624 Y Danohbdiaary. a tt r..,l9ad AMIGO FARMS PO BOX 60 MILLIKEN, CO 80543 DOMNISircW*111 Pu� cti W�1NT10 �tTtAIY#�IIT -. W4D[gi.CompNta-item. t'ani 2.•Mn eddldonal awvlaa,ere desired, aad.compiab,'tins .3 and4. iidras Fn tM "R[iUi9NTQC Ain on flu .sa`wralda FaatrratOdo this MK ;gaunt thb JACK DINIS 16562 ROAD 4 WIGGINS, CO 80654 z z H q a w f_ w r' ^ d7 W;` Q F .a k i-., w v gozwrn M1 � 6 W F G w'1 - WW E+wo cr U _ r- O Z co G O V U Q GO 'SO a v �r .44 F al O 6 S d [r] VV) `" W F <n ? ¢cn-4z ', N M W cc, .0 ..., n --- S'n . J m F Cl H O CO Cr o d _ ti o ¢zc r-4., � m `_ ❑ o y ❑ Q ~ r] r .-7 Gs7 .� u ? H r O of Ln 370417 >1MItOiR.,Campiaa item#t aria4whenSditfonNatvien RWiradanq eonlOstatk".3 and4: .,aal► If•, tAa'R677JRN TO"i(At[otttlik�'dd�:,F�iM�tflO-An'thMaiiml►tw}�t ffik ' ri,_e,d:_, 14" STATE OF COLORA30 BUILDING 623 STATE CE TIMIAL STET 1313 SHERMAN DENVER, CO 80203 • llitinaRc Ocmplen Itama 7Ithd ZW1Nh intilttoralaarvivaan leind.rd aoaWitajitanaland 4. Putif04141.r'aa;htiilinF,itrURM TO":1aca on t etwata aMa. Falt ne tN edN vt wnc t6M h , «H GILL LAND ASSOCIATES r: 745 LINCOLN LOVELAND, CO 80537 hair# l mt2wbanadditia+a[ wrvioneselirdtancr x"Paa nn.3'ad "R$TWAM 1traw!I itisMarnOt fillurito deigs+nalpIIORnt uxa RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A HOME BUSINESS, BEAUTY SHOP - EVA JEAN SHEETS 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 27th day of May, 1987, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Eva Jean Sheets, 26421 We1d.County Road 53, Kersey, Colorado 80644, for a Use by Special Review for a home business, beauty shop, on the following described real estate, to -wit: Lot 1, Sandy Knoll Estates, located in the SE;, Section 20, Township 5 North, Range 64 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 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 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 proposed use is consistent with the Weld County Comprehensive Plan Urban Growth Goals and Policies in that 1) The proposed use is located within the Urban Growth Boundary of an existing municipality. 2) The adjacent municipality, which is -the Town of Kersey, does not consent to annex the property. However, they have no objections to this proposal. PL0501 CC : n1.=}- 870414 Page2 RE: USR — SHEETS 3) The proposal does not constitute leapfrog development. 4) This proposal is compatible with the Comprehensive Plan's transportation and public facilities and service goals and policies because it will not impact or require additional public facilities and services. b. The proposed use as a Home Business is provided for as a Use by Special Review in the A (Agricultural) Zone District. c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan and the Town of Kersey's Comprehensive Plan. d. No overlay districts affect the site. e. Use by 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 Use by Special Review for a home business, beauty shop, on the hereinabove described parcel of land be, and hereby is, ,granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building, or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk, and Recorder. 3. Prior to recording the Use by Special Review plat, the plat shall be corrected to identify the road on the east side .of the property as Weld County Road 53 instead of State Highway 37: 870414 Page 3 RE: USR - SHEETS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1987_ ATTEST:. Weld County elak and Recorder and Cl1e^rkk too the Board BY: 1,UCAl l a ' 4� l I� � , Deputy County C erk APPROVED AS TO FORM: �i ounty Attorney BOARD OF COUNTY COMMISSIONERS WELD CO �J�LORAD• GO c ,� rman C.W. Kerb , Pro em e _ . Bran er EXCUSED DATE OF SIGNING - AYE Ja -ue.a John 870414 DEVELOPMENT STANDARDS Eva Jean Sheets USR-788:87:13 1. The Use by Special Review permit is for a home business, beauty shop, in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 3. The Use by Special Review permit shall not be transferable to any successors In interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the home business. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. 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 insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners.. 870414 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 27, 1987 DOCKET #87-22 - USR, Livestock confinement operation - Jack Dinis DOCKET #87-23 - Amend USR, Open -cut mining pit on additional 9 acres - Weld County Corporation DOCKET #87-24 - USR, Home business(beautyshop) -- Eva Jean Sheets DOCKET #87-2S - Substantial change in COZ'application - Barbara Johnson DOCKET #87-19 - USR, Livestock confinement operation - Gary Bragdon NAME- ADDRESS , 1y % k,reL'�,1J 1-2 ayt fQ.r-Yr HEARING ATTENDING irt..1 r�.a e y Jtar jNmE-i ft a SG `l WC& / �� Ohmoso,� p4CM T(laa uso�� FR4,vk Piaft (ryvt trae IIPl W nfiS01- evepoi weii,- u)t-n J!d 77-17 .Dc o ke-r 187-/9 neced-- 47 -r y G gr y Y, 7/wire rwlflsi -raw./ LV L /r- 14, Sena,-4p4gen nael ±*-%Y Avum tsa- 17Sym-�i.420,4A , .1.)-23 VI t). Co .Spri3iaekte ri -)ot -;`1 Q.SaT u L OR %S Wine Soy- DoeeT a 6-7 - I? 14},•r -le CCt//A G I -he\. 95,' a& 7-0 e-(gf`�S-1�{(r��7,cho� Do4fer ��-/9 /tie& :eviler /1�eaa 2,4-40 yule N.)/ i�t �0S37 p„kei aefir —/9 tS 61-P'K LLt/1-- 1 Jrn� \sw.es km, e. km 4-7 b{-ent-a-i #s uQettiad: f z o/e' / 71.5'-4-r r�Uc - 7cu � e /U j erg i ,a/a it y (may Gs (6 TT - n n c. 61- 17 5VS o cto[tti¢s�.‘k2t4heidteL Z-7 333 1te v rta. 1. _(-ot2=_4t f'1-zrotces 3/ . t / "'iVf13C !f / 21;e/dij -(1 e a[dfci-a- 97--/y -_E.r.1 G Pei. S._ ..-. �6€!>0.. �4R oQ F✓ ii,,gse //,,CST` gy-�. f p SGt1 ti sp rele 775-4 tea 42D rithrLs- n—{ g? --2 alescce�- D ti v e to (IA-, 8'70414 i 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 27, 19-87 DOCKET #87-22 - USR, Livestock confinement operation-- Jack Dinis DOCKET #87-23 - Amend USR, Open -cut mining .pit on additional 9 acres - Weld County Corporation DOCKET 487-24 - USR, home business Jb.eauty shop) _ ^ Eva -Jean Sheets DOCKET 487-25 - Substantial change in CO2 application - Barbara. Johnson DOCKET 487-19 - USR, Livestock confinement operation - Gary Bragdon NAME ADDRESS !/.14? g1 -PITY sr wxeeND L1 Y c7 --t? Q(9/ REARING ATTENDING 979 ifs -6 c�-/F(7 y I 7 iaineec a .aka; ik ntc 7Th �1'. eizeetk---/ ?-7 - l� ._515 ede 77 9 Go G'. /� /ila � C✓r2G%P.Gr +. d'J13.9 c5 4-e o Zes Gh 14/6 movie c cs A, rl-F Nh� O,22, re„, _ l L1.+ie1/4 3Sk#a... torn Z s.. LL insult -✓ � 419 74/ /'%/7 / )/jin/11- .22 A4 IA/Fit -PR r ?XG We R /71 tv,-,✓o x cp �,elr4/ cue,Ri7git;ri/P xdel 27— 23 $7-z3 1: -.X or _P7-!9 dr? — /7 g7 IF 8 /G414 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 o£ 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 Use by Special Review 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 coat 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. 87.24 DATE: May 27, 1987 TIME: 2:00 P.M. APPLICANT Eva Jean Sheets 26421 Weld County Road 53 Kersey, Colorado 80644 REQUEST: Use by Special Review - Home business, beauty shop LEGAL DESCRIPTION: Lot 1, Sandy Knoll Estates, located in the SE}, Section 20, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the Town of Kersey, west of State Highway 37 (Weld County Road 53) and north of Sandy Knoll Boulevard 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 29, 1987, PUBLISHED: May 14, 1987, in the Johnstown Breeze 8'70414 • Affidavit of publication STATE OF COLORADO ) )s COUNTY OF WELD _�S7r'1L�LLLIALbeing duly sworn, says that he /she is publisher of the Platte Valley VOICE. a weekly newspaper published and printed In Kersey in said County and State: that said newspaper has a general circulation In said County and has been continuously and unin- terruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication Of the annexed notice; that said newspaper Is a newspaper with- in the meaning of the act of the General Assembly of the State of Colorado, entitled "An Act to repflale the printing of legal notices and advertisements," and amendments thereto: that the notice of which the annexed is a printed copy taken from said newspaper, was published in said newspaper, and to the regular and entire issue of every number thereof, once a week for _ant_ successive weeks; that said notice was so publleied to said newspaper proper and not 1n any supple- ment thereof, and that the first publleatlon of said notice as aforesaid, was on the f T4b day of _lYLI��_��, 19E2, and the last on the --- day of 19--. Subscribed and sworn to before me this -22 day ofri 19_ZZ a* Commission Expires Dec. 1991. N;OTi. ,-, Pursuant to the zoning laws df-tlieltate of Colo- rado and the Weld Coun- ty Zoning Ordinance, a Subtle :hearing/ _will - be d in the Chtinibers of **Board of Courtly Coni- mrssio? rrOt•Weld Coun- ty flri5 Grsaley:'' at the' thew speeitiect Sit.pK sons In ow -manner inter 'slid in -:the. Use-tirSpe-• clot ttorreNrorW4squest iidttoJatesnd achmay be - Sand. , -> ..J,_. 4T, Should enwm -*WY lont . any de - skit itheetlpnsenc�o d a court" to -make a: recordthe,"proceed Inas, in addition • to' the taped record whir* will be kept: during thoitear ing, ₹M_ Glerir-ta.::the BoardreOfficeeon be ton taled_foi. a list of; art& fiedcourt reportertin the area. ilia court reporter. is advised tr writtnrqtof such action at -lea3£Mw days _ a,to prfotlw *Oaring - cost: cost: of t arourt reporfer� s 1O1 b• - home hy,tin requ0sting:pory-' BE lr ALSO KNO�WCoN that: the text -and cer- tufted b mope Planning Commission. may be examined in the office cif. the"Cferkfolhs. Board of County Commis- stoners', located in the: Weld- County Centennial Center, 9l3 10Th -Street; ihtrd.Floor, Greeley,. Co- . 87'24. Eva -lean She fir- 26421,`We1d County Road w Kersey, c91"°. 80644 DATE-,iNay 27,1987 71ME ?OD P M REQUEST. use by Spacial JtevfeW — Home bus,- nets. beauly. ilOp DESCRIPTADN: Lot Knoll 'Estates, th. SE'/4. 20, Tovimshlp-5 .9Vp�h, Range; 644 NPost- of.thr 6111, ,Mi Weld County . Colorado 'aftliirPnt t.ta. , west'of State Highway 37 [Weld County Road 53} and rlatb cigar* Knoll •Bolihrtord' b't;1i'bile►dof .Y codurityco; el }rs welcountyA N B :JNAItANN 'FEUERS7ElN COUNTY CLERK .. AND RECORDER AND CLERK 7O174HOARD BY: ,Yit tuty ATED: 7 9e4Aay_ 14, 1987, John aw?-lreez ae� 14 * µo!- the ky V0KS;,'Kerst►y, Cob - 870414 870414 AFFIDAVIT.OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 h ss COUNTY OF WELD � 1, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breese; • that the same is a weekly newspaper printed, in whole or in part, and published - in the County of Weld, State of Colorado, and has a generalcirculation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two' consecutive weeks prior to the first publication of the annexed Icgal notice or advertisement; that said newspaper has been admitted to the United States snails as second-class matter under the provisions of the Act of March 3, lBT9, or any; amendments thereof, and that said- newspaper is a weekly newspaper duly qualified for publishing legal,notices and advertisements within the meaning of the. laws of the State of Colorado. That the annexed legal notice or advertise- ment was published' in the regular and entire issue of every number of *id weekly' newspaper for the period of consecu- tive insertions; - and that the first publication of said notice w,as in the issue of said newspaper: datedif .! : A.Ix mg...< and that the last publication of said notice was in the issue of said newspaper dated A.D. 19 • In witness whercrppk I have he to set my hand hthis AT day of A.D. 19.51 Subscribed and sworn to before me, a Notary Public in and for the Cauuy oL We,�j State of Colorado this .✓--'fdday of - y... A.D. 19-t./:... . My commission expirt s qty i9B7 My Cc --m sson fExpi 2 South Parish Avenue 205'34 870414 Summary of the Weld County Planning Commission<Meeting May 5, 1987 Page 16 2i0TrOr?: Lynn Brown moved Case Number USR-789:87:14 for Shawn Elworthy for a Use by Special Review permit for a commercial welding shop in the agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendations of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. 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. Paulette Weaver - Yes, based on the staff's extended comments; Louis Rademacher - Yes; LeAnn Reid - Yes; Lynn Brown - Yes; Lydia Dunbar - Yes; Ann Garrison - Yes; Jack Hot an - Yes, based on the staff's comments. Motion carried unanimously. CASE NUMBER: USR-788:87:13 APPLICANT: Eva Jean Sheets REQUEST: Use by Special Review permit for a Home the A (Agricultural) Zone district. LEGAL DESCRIPTION: Lot 1, Sandy Knoll Estates, LOCATION: Adjacent to the Town of Kersey, west of north of Sandy Knoll Boulevard. APPEARANCE: Business (Beauty Shop) in Weld County, Colorado. Weld County Road 53, and Eva Jean Sheets, property owner and applicant. The work pertaining to this request is already done. Everything was installed according to the Building Code Ordinance. The state has also approved this request. There will be just one operator and one chair. She will be leasing this business to a qualified operator. She has contacted most of the neighbors personally and they have no objection. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mrs. Sheets if she had reviewed the recommendations, conditions, and development standards set forth by the Department of Planning Services staff. She stated she has no objections to any of these items. The Chairman asked the recommendation, conditions, and development standards be filed with the summary as a permanent record of these proceedings. 87041-1 Summary of the. Weld'County Planning Commission Meeting May 5, 1987 Page 17 340TION: Lydia Dunbar moved Case Number USR-788:87:13 for Eva Jean Sheets for a Use by Special Review permit for a home business (beauty shop) in the agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based on the recommendation, conditions, and development standards as outlined by the Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. Motion seconded by LeAnn Reid. 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. Paulette Weaver - Yes; Louis Rademacher - Yes; LeAnn Reid - Yes; Lynn Brown - Yes; Lydia Dunbar - Yes; Ann Garrison -- Yes; Jack Holman - Yes. Motion carried unanimously. CASE NUMBER: Amended USR-199:73:14 APPLICANT: Double Eight Land Corporation c/o John R. Sundin REQUEST: Amend Use by Special Review permit to increase capacity of Livestock Confinement Operation from 2,100 head to 3,000 head of cattle. LEGAL DESCRIPTION: Part of the NWI of Section 17, T7N, R65W o£ the 6th P.M., Weld County,. Colorado. LOCATION: Approximately 1.5 miles east of Ault and approximately 1.5 miles north of Eaton. APPEARANCE; G. Preston Williams, part owner and manager, Double Eight Land Corporation. In their marketing plans they felt they needed to have the additional capabilities as outlined in the Department of Planning Services' staff recommendations. They had one pen di the property that did not comply with Use by Special Review permit #I99. They .updated their waste disposal site; recently. The feed lot operation takes up about eight acres of the total thirty acres. - The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the staff. He stated they have and have no problems with them. The Chairman asked that reading these, items into the record be dispensed with and that they be filedwiththe summary as a permanent record of these proceedings'. 873 Ri a BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved 'by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it ResOSetIOj ownwilin County Planning Commission that the application for: �r�- 4n cv 4+�t. CASE NUMBER: USK-788:87:13 MAY 81987 2:370 NAME: Eva Jean Sheets ADDRESS: ' 26421 Weld County Road 53, P.O. Box 58, Kersey, CO eign oow, REQUEST: Use by Special Review permit for a Home Business"(Beau' ty Shop). LEGAL, DESCRIPTION: Lot 1, Sandy Knolls Estates, Weld County, Colorado LOCATION: Adjacent to the Town of Kersey; west of Weld County Road 53, and north of Sandy Knoll Boulevard. be recommended favorably to the Board of -County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 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: The _proposed use is consistent with the Weld County Comprehensive Plan Urban Growth Goals and Policies in that: a. The proposed use is located within the Urban Growth Boundary of an existing municipality. b. The adjacent municipality, which Is the Town of Kersey, does not consent to annex the property. However, they have no objections to this proposal. c. The proposal does not constitute leapfrog development.. d. This proposal, is compatible with the Comprehensive Plan's. -transportation and public facilities and Service ..goals and policies- because it will not impact or; require additional. public.facilities and - services. .C: XN/.H/T 870414 Eva Jean Sheets- IISR-788:87:13 Page 2 The proposed use as a Home Business is provided for as a Use by Special Review in the A (Agricultural) Zone district. The uses permitted will be compatible with the existing surrounding land .uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan and the Town of Kersey's Comprehensive Plan. No overlay districts affect the site. Use by 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 Use by Special Review permit be adopted and placed on .the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review, activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Use by Special Review plat, the, plat shall be corrected to identify the road on the east side of the property as WeldCounty Road 53_instead of Stateilighway 37. btlen seconded by 1RAnn Reid. VOTE:' For Passage Against Passage Paulette Weaver Louis Rademacher LeAnn id Re Iyffi BroWu -.Lydia Dunbar Ann Garrison Jack-Holmaa 870414 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 and recorded in Book NO. %I 'of the proceedings of the said''Plaxmi.ng Commission. 8°70414 DEVELOPMENT STANDARDS Eva Jean Sheets USR-788:87:13 1. The Use by Special Review permit is for Eva Jean Sheets for a home business (beauty shop) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 3. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation o£ the home business. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The property owner or operator shall be responsible for complying with all of he foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit.by the Board of -County Commissioners. 8'70414 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number cU$ R 722.17: /3 1. Application /s Pages / Application plat (s) / page(s) 3. DPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS mineral Owners Mailing List DPS ;taps Prepared by Planning -Technician DPS Notice of Hearing DPSCase Summary Sheet ITS:pield Check I hereby certify that the m items Department of Planning Services at or hearing. I- further certify that these Board's office one fip STATE or COLORADO ) COUNTY OF WELD ) Submitted or Prepared Prior to Hearing At Hearing identified herein were -.submitted. to the prior to the scheduled Planning Commission items were forwarded to the Cleric to the 1987 C\mtapCow NOTARY PUBLIC ggbita/7 rig COMMISSION EXPIRES b!tOmmissioa cYP:'.`s Fetj• 1'. 19 870414 RESOLUTION RE: GRANT REQUEST OF JEAN SHEETS TO PRE -ADVERTISE USE BY SPECIAL REVIEW 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, Jean Sheets has submitted a letter to the Board requesting that a Use by Special Review application 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 appropriate to grant said request to pre -advertise this matter and schedule the hearing date as May 27. 1987, at 2:00 P.M. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Jean Sheets to pre -advertise a Use by Special Review application be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the hearing date be, and hereby is, scheduled for May 27, 1987, at 2:00 P.M. The above and foregoing Resolution and seconded, adopted by the following April, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Board putt' County CV erk APPROVED AS TO FORM: County Attorney / _p12, 4 `,G/YN/,B/7 g was, on motion duly made vote on the 29th day of BOARD OF COUNTY COMMISSIONERS WELD COLO O EXCUSED DATE Off/ SIGNING - AYE C.W. Kirby, Pro-Tem EXCUSED Gene R. Brantner Frank Yamaguchi 8'70414 870325 To the Clerk, to the Board's: April 24, 1987 I would like to request for preadvertisment for a Board of County Commission hearing for a beauty shop license in my home. I have met all county, state, and health department codes. The state has approved the shop to be opened. The shop is ready to be opened. All cost associated with the preadvertisment`will be paid by me. efreet-- Jean Sheets 26421 WCR 53 Kersey, CO 80644 870414 .e xmies77 h` Exhibit Submitted By Case `2y A. B. use - EXHIBIT INVENTORY CONTROL SHEET G. 1. rt,fita.tn, g27, aQcuh Exhibit Description CLet44,7Mf tail5Zdea& Walaate,C �l�e/wi�G 8'70414 CASE NUMBER: USR-788:87:13 NAME: Eva Jean Sheets ADDRESS: 26421 Weld County Road 53, P.O. Box 58, Kersey, CO 80644 REQUEST: Use by Special Review permit for a Home Business (Beauty Shop). LEGAL DESCRIPTION:-- Lot I, Sandy Knolls Estates, Veld County, Colorado LOCATION: Adjacent to the Town of Kersey; vest of Weld County Road 53, and - -north of -Sandy Knoll Boulevard. THE DEPARTMENT 05 PLANNING -SERVICES STAFF RECOMMENDS THAT 'THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department a£- Planning -Services staff that the applicant has shown compliance with Section 24.3 of' Weld County Zoning Ordinance as follows: The proposed use-ia>xonsistent with the Veld County Comprehensive -'Plan- Urban- Growth Goals -and Policies in -that: a. The proposed -use is located within the Urban Growth Boundary of an existing municipality b. The 'adjacent :munitipality, which is the' Town of Kersey, does not oonsent to annex the property. However, they have no objections to this proposal. c. The proposal does not constitute leapfrog development. d. This proposal is compatible with the Comprehensive Plan's transportation and public facilities and service goals and policies because it will not impact or require additional public facilities and services. The proposed use as a Home Business is provided for as a Use by Special Review in the A (Agricultural) Zone district. The uses permitted will be compatible with. the existing surrounding land uses and with the future development of the surroundingarea as permitted by the Weld County Comprehensive Plan .and the Town- of.Kersey's Comprehensive Plan. v 8'70414 Eva Jean Sheets USR-788.87:13 Page 2 No overlay districts affect the site. Use by 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 Use by Special Review permit be adopted :and ,placed on -the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical:permits be issued on the property until the Use by Special Review plat:has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the'Ilse by Special Review -plat, the plat shall be corrected to identify the road on the east side of the property as Neld.County Road 53 instead of State Highway 37,- 870414 DEVELOPMENT STANDARDS Eva Jean Sheets USR-788:87:13 1. The Use by Special Review permit is for Eva Jean Sheets for a home business (beauty shop) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 3. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the home business. 4. The property owner or operator shall be responsible for complying with the Design Standards' of Section 24.5 of the Weld County Zoning Ordinance_ 5. The property owner or operator shall be responsible for complying with the Operation Standards of Seddon 24.6 of the Weld County Zoning Ordinance. 6. 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations, Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the meld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing' Standards. Noncompliance with any of the foregoing Standards may be reason for -revocation o£ the Permit 'by'the Board of County Commissioners. 8'70414 LAND -USE APPLICATION SUMMARY SHEET CASE NUMBER: USR-788:87:13 Date: April 28, 1987 NAME: Eva Jean Sheets ADDRESS: 26421 Weld County Road 53, P.O. Box 58, Kersey, CO 80644 REQUEST: Use by Special Review permit for a Home Business (beauty shop). LEGAL DESCRIPTION: Lot 1, Sandy Knoll Estates, Weld County, Colorado. LOCATION: Adjacent to the Town of Kersey, west of Weld County Road 53, and north of Sandy Knoll Boulevard. SIZE OF PARCEL: .75 Acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Use by Special Review proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. This application for a Special: Review Permit is for a Home Business (beauty shop) in Mrs. Sheets' basements The Department of Planning Services staff has received specific recommendations from the following referral entities: - State Highway Department - Weld County Engineering Department Copies of these referral responses are included in this summary packet. Central Weld County Water District, the Town of Kersey, and Weld County Health Department have responded that they have no objection to the proposal. Referral Responses have not beenreceivedfrom the following: Platte Valley Fire Protection District 870414 - c I a -. fa h... •• e wjo : 6• \S• C. 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Nt ✓�`'tR .•",II:'tKc C'9 -:r 01 i' ) - A4 ka„4* ' .,y $ �"7 r= . d'�. •_ � 1b•',Y_ REFERRAL LIST APPLICANT: Eva Jean Sheets CASE NUMBER: IISR-787:87:13 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 14, 1987 NOSR NR NO SR NR % County Attorney % Weld County Health Dept. % Engineering Department County Extension Agent •Office of Emergency Mngmt % Central Weld County Water District 2235 2nd Avenue Greeley CO 80631 % State Highway-Department. 2nd Street Greeley, CO 80631 Platte Valley Fire Protection District P.O. Box 12 - Kersey, 'CO. 80644 % Town of Kersey Box'.'67 Kersey, CO 80644 % LeAnn Reid r Planning Commission Member 7830 Weld County Road "81 Roggen, CO 80652 No —No Objection' SRmsSpecific Recommendations- NR=No Response 870414 in . .e COLORADO March 30, 1987 TO WHOM IT MAY CONCERN: is Y DEPA IIIEN OF PLANNING SERVICES PHONE (303) 356.6000 EXT. 4600 915 10th STREET GREELEY, COLORADO 80631 CASE N ESER USR-788:87:13 Enclosed is an application from Eva Jean Sheets for a Use by Special Review permit for a home business (Beauty Shop). The parcel of land is described as Lot 1, Sandy Knoll Estates, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Kersey, west of State Highway 37 (Feld County Road 53), and north of Sandy Knoll Boulevard.' This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated.- Your prompt reply will help to facilitate the processing of the proposal and will ensure yrompt consideration of your recommendations. Please reply by April 14,'1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate bores 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. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: We have reviewed the proposal and find no conflicts with our interests. Fla Sh. ,.iA P n A; r 44 - Cw-Ir4 ila r -t4 5 n 4 T>CctiC fiFg I'jWGy Z -T A formal recommendation is under consideration and will be submitted to you prior to: 5. tarto the enclosed letter. d: Agency: �t n� Signed: C.c.--t 1/4 Date: 4- G 7. 870414 STATE Oll COLORADO Dear Mr. Swanson: annt0N OF MIQNWAY8 P.O. 80a 850.'. Greeley, Colorado 80832-0850 (303)353-1232. April 2, 1987 Mr. lanell J. Swanson Department of Planning Weld County 915 10th Street Greeley, CO 80631 Weld Co., Off -System Sheets Spec. Rev. 3/4 Mi. S. of Jct. SH and SE 37 DOH File 45100 - We have reviewed the application from Eva. Jean Sheets for a Use by Special Review. _The Plot Plan Map and referral response sheet incorrectly identify the road along the east side of this property as State Highway 37. This road should appropriately be identified as -Weld County Road 53 since S.H. 37 begins at S.H. 34, approximately 3/4 -mile north of this property. Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER 7,�i -46 John K. Crier Distr'ct Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier -Jacobson via Chotvacs 34 . Weld Co. Plamato8 870414 FIELD CHECK FILING NUMBER:USR-788:87-:13 NAME: Eva Jean Sheets REQUEST: Use by Special Review permit for a Home Business (Beauty Shop) DATE OF INSPECTION: April 10, 1987 LEGAL DESCRIPTION: Lot 1, Sandy Knolls Estates, Weld County, Colorado LOCATION: The northwest corner of Weld County Road 53 and Sandy Knoll Boulevard on the south boundary of the Town of Kersey LAND USE: N ZONING: N COMMENTS: Town of Kersey, multi —family subdivision Town of Kersey, residential subdivision and mobile home park Sandy Knoll Boulevard, one residence Weld County, residential subdivision Town of Kersey — POD Town of Kersey'- Residential,.MBP Agricultural Agricultural Access to this lot is from Weld County Road 53 and Sandy Knoll Boulevard. -This lot is slightly lower than Sandy Knoll Boulevard. 8'70414 ii € COLORADO DEPA rNTOFPLANNINGSERVICES NOTICE OF PUBLIC HEARING PHONE (303) 356.4000 EXT. 4400 915 10th STREET. GREEtEY,COLORADO 80631 - The Weld County Planning Commission will conduct a public hearing on May 5, 1987, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a home business (beauty shop) from Eva Jean Sheets. The parcel of land is described as Lot 1, Sandy Knoll Estates, Weld County, Colorado, containing .75 acres, more or less. The property is located adjacent to the Town of Kersey, west of State Highway 37 (Weld County Road 53), and north of Sandy Knoll Boulevard. The public hearing to be by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 5, 1987. Copies of the application are available for public inspection in the Department 'of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone — 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by April 9, 1987 Received by: ._{/ 1, L%�/[I1�r.1 Date: S/ a/ /1r'9 8'70414 SURROCNDING PROPERTY OWNER USR-788:87:13 ,Eva Jean Sheets Pablo R. and --Virginia A. Rodriguez 5198 Sandy Knolls Kersey, CO; 80644 Walter Y and Mildred T. Schlagel- 26256 Sandy Knoll Place Kersey, CO 80644 , Kersey Community Church Kersey, CO 80644 Robert L. and -Barbara J. Hoff 25654 Sandy Knoll Boulevard Kersey, CO 80644 Martin E. and Jeanette Johnson Bohlneyer 25870SandyKnoll Boulevard Kersey, CO 80644 Donald and -Margery Bird 25865 Sandy Knoll Kerney, CO -80644 Leo'and Reath* -Brag, 25893 Sandy Knoll Boulevard Kersey, CO '80644 Helen J. Cuffy 25933 Sandy. Knoll. Boulevard Kersey, COs 80644 John D. and Deborah K. Christman P.O. Box 246 Kersey, CO :80644 Dennis and Jolene Segelke 25902 Weld, County Road 54i; Kersey, CO 80644 Barry I. and" Patricia A. O'Connor 25700' Sandy Knoll Boulevard Kersey, CO 80644 Sandy Knoll Manor: Limited 2525 North Lincoln Loveland, CO 80537 8'70414 Page 2 Sara Mascarenas Box 355 Kersey, CO 80644 Cordon and Vera Brooks 2105 Clubhouse Drive Greeley, CO 80631 Johnny, Mary, and Thomas Bopp P..0., Box 543 Kersey, CO. 80644 Joseph A. and Joyce J. Miller 713 2nd Street Kersey, CO 80644 Centennial Properties P.O. Box -786 Evans, CO 80620 Rodney and Sharon Webb 755 2nd Street Kersey,' CO 80644 William E. and E1vam McIntosh 800 South 1st Kersey, CO: 80644 ' AAB Investment Company 14439 West Expestion,Drive Lakewood, CO 80228 James -,and -Lori L. Flynn 736 2nd Court' Kersey, CO 80644 Julio and Sharon Rodriquez 218 Centennial Drive Kersey, CO 80644 Allen R. and :Connie M. Slues 212 Centennial Drive Kersey, CO :80644 Daniel Iverson Shelly Suttoni 206 Centennial Drive Kersey, CO 8064# Dennis C. and Pamela Richarson 731 2nd Street Court Kersey, CO, 80644 870414 Page 3 Duane R. and Shaier Naebauer 737 Snd Street Court - Kersey, CO 80644 Alan L and Nancy Chittenden 743 2nd Street Court Kersey, CO 80644 James B. and Joyce F. Hendicks 749 2nd Street Court Kersey, CO 80644, Rodney G. and Sharron Webb 755 2nd Street Court Kersey, CO ,80644 Lloyd E.-and-Margeret S. Elder Star Route, Box 99 Powell, WY 82435 Leland F. and Reva'J. Thomas 19165 Weld County'Road 100 Nunn,, CO80648 Benign°,:; Maria, Bellim Granada Javice Fransisco 602 2nd Street Kersey, CO 80644 8'70414 SURROANDING NINERAL OWNER USE -788:87.13 Eva Jean Sheets lazel`_ YetreIeum - 4100_East:'Dry Creek. Road Denver, CO 80201. Centenniafletroleum 5000`SoutbrQuebec Snite.500. -. Denver, CO, 80237 870414 USE BY SPECIAL REVIEW APPLICATION Department of Planning Case Number Application Checked by Application Fee Recording Fee Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Date Received Mylar plat submitted Receipt Number Receipt Number =========== San G y 4 e TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 5 E lik Section T y N, R 1,,z/ W I .} j Sgndy Kncrl <Sf-4leS LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W 2 Property Address (if available) ,7C, y (, 53 kersey �� Zo PRESENT ZONE �n r I G G( �([r OVERLAY ZONES TOTAL ACREAGE f I,{ PROPOSED LAND USE A. kikoewl,y Shnr in NX.5J)•n hod,a EXISTING LAND USE r SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: L,,, • �1:G i") -r rva • Jai s Address: Lc/ al w e 2 5 a Rex ST/ City erS ey Rome Telephone # 00 Business Telephone # Name: Address: City Home Telephone # Business Zip NGiuu ztir-GAYS Zip APPLICANT OR AUTHORIZED AGENT (if different than Name: cn4'Teter? S%ee4•S... Address: 1LY1( wCH 5A Rrx5c( RomeTelephone4 25G_ltno0 Telephone above): # City Kc rS eqq Oeci Business Telephone # List the owner(s) and/or lessees of mineral rights properties of record. Zip QdGvu v51 s yes on or under the subject Name: qpp PAZZe-rf ff /Y,74- it -4 - Address: in yl,.nwc-, - / City Name: Address: fi 1i1 2,c -P et-rthe.a cr.-/ j City Zip 4474 GBw;.Gz CSC. ..ti„a,.ty Fob Fele e / Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature:,%OWner or Authorized Agent Subscribed and sworn to before me this 2 n� day of 7 laL.� 19 g%. My commission expires IS Gc 0 till' 8'70414 This application is for a proposed use of a beauty shop in the basement of my home at 26421 WCR 53. The shop will be a"one. station, one operator shop. There is a door that separates the shop from any living quarters. There will be a separate entrance and separate parking place from any occupant of the home. It will have two exits from the basement which will meet code. We plan to abide, by all codes and rules in building and running the business. The shop would be located on the south outskirts of Kersey, CO. Part of the property that joins us are in the city limits. Kersey has grown and needs more businesses to come into this area. One beauty shop from this -area has moved to Longmont, leaving only one, so I feel there is a need for this type of business. The existing uses of surrounding properties are: The Kersey Mobile Home Park, Sandy Knoll Manor, which is apartments, residential areas and farm type operation. The distance to any residential structures is approximately 50 yards East - 75 yards North, 100 yards West - 150 yards South: The upper number of patrons per day hopefully. -will be 10-15 5 days The hours gill be approximately E to 5; 5 days a week - one employee 870414 The type of water source is from Weld Central Water District. In the packet is a copy of the agreement. The access route will be a driveway and parking south of the house. A sidewalk will be from the parking lot to the back entrance, which will be the entrance to the shop, and will not be used by the occupants of the hoa.e. There would be very little traffic, approximately no more than 3 cars at any one time and off street parking would be provided. The sewage facilities is a septic system which has been designed and inspected by the Weld Health Dept. Alpha Engineers. For fire station. Roads are paved and and protection we are only 6 blocks; from the fire water supply is by Weld Central water with a hydrant at-th'e-NE corner of the property. There will be 2 exits -from the basement and to take out any fumes. There will not be any animals permitted in the shop area at any time. The storage area for any products of the shop will be storedin a cupboard. In the proposed use there will be to need for a water there is -an exhaust system retention facility. BFI will be handling the trash pickup 1 day a week.' 8'70414 We have had a survey of the land and will landscape and grade according to the survey. We have started to put in a new septic system and landscape approximately February 15 and will be finished no later than April 15, 1987. The proposal is consistent with the Weld Co. Comprehensive Plan, as it is a proposal to help develop more service in this area and the list. business will have tomeet not only county regulation but also state which I believe is to the benefit o£ the public. The proposal is consistent with the intent of the district in which it is located that it would accommodate and serve the residents of this area. If Kersey was ever to annex this area in, there would be very little change -to provide the same service. The shop would be located on l acre of land and the business would not effect any agricultural land. There will be a health inspection at any time, we will provide off street parking and there will be no interference to existing traffic. We will provide sidewalks and keep them clear, also insurance and good maintenance to the business. The beauty shop will be an asset to the community for which it will serve' There is a mobile home park, residential area and an apartment building adjacent t-) our land. 870414 The proposed use will be compatible with future development of the area s there are several residential developments going in around Kersey, and the city does need more businesses. The proposed business is located near the top of a hill so we are not in the flood plain area, nor are we in geologic hazard or the Weld Co. Airport overlay district.' Enclosed is a copy of the proof of water supply and deed to the property. The noise report has been waived by the Planning service. A soil report is enclosed. A certified list of, names and address and parcel iden- tification number within a 500 ft. area of to the -application. Also enclosed, is a Permit Plan :Map, an application and recording fee: A list of property owner's approval gotten on 3-1-87. the property subject 8'70414 AR2059333 - B 1118 1,02059333 07/02/86 10:51 $3.00 1/601 F 0887 app,, ANN FEUERSTEIN CLERK & RlCORDER WELD CO, CO C�-GWarraitty‘Deed . THIS DEED is a conveyance of the real property described below. Including any improvements and other appurtenances (the "property') from the individual (s). corporation(s). partnership(s), or otherentity(ies) named belowasGRANTOR to the individual(s) or entity(tes) named below as GRANTEE. The GRANTORhereby setls and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. exceptior (1) the lien of the general property takes for the year of this deed. which the GRANTEE win pay (2) any easements and rights -of -way shown of record (3) any pateM reservation* and exceptions (4) any outstanding mineral inteream shown of record. (5) any protective covenants and restrictions shown of record. and (g) any additional matters shown below under'Additional Warranty Exceptions'. TM Specific Tema of This Deed Art Grantor: (Give minim) end Motets). of residence: it the spouse of the owneryyantor is joking inMis Deed to relaua homestead rams, identify grantors as husband and wife.) WILBUR A. HAUSE AND CAROLYN RAUSE AKA CAROLINE HAUSE KERS5Y, COLORADO E c 3 °tantet (GM name(s) and addressles): statement of addreee, including available rued or street (*umber. LS required.) WILLIAM DEAN SHEETS AND EVA JEAN SHEETS 26421 WCR 53 Kersey, Colorado 80644 Fenn ofCo-Ownership:ettherearetwoormomGranteesnamed.thywillbecrosideredtoMkeas*mantaMcommonunlessthewordsIn mint tenanry' or words of the same meaning are added in the [pace Wow.) "in joint tenancy" properly Description:. (Include county and stela) LOT 1, AND OUTLOT 1A, SANDY KNOLL ESTATES, A SUBDIVISION OF WELD COUNTY, COLORADO State Documentary Fat Date a 19Po 7. Property Address 26421 WCR 53 Kersey, Colorado consideration: (The statement°tiddler amount is optional: adequate consideration fpr this deed will be presumed unless ihs Mrnyance is ideMifled as a gift: in any case this conveyance ie absolute. final and uncdnditienal.) SEVENTY FIVE THOUSAND AND NO/100 ($75,000.00) Reservations-Restrlc0ons al the GRANTOR intends to reserve any interest in thhepropeny ortoconvey lesslhanneowns. or illheGRANTOR ie restricting. the GRANTEE'S right in me property. make appropriate indication-) none Additional Warranty Exceptions: (Include SIMS Of tent wing assumed are other matters not coveted above:) none Executed by the Grantor on June 30 tg 86 Signature Clause for Corporation, partnership or Association: [/,fr//(// &rehire Claw s$ Name of. Grantor: Corporation. Parbrera hip or Association �/ 11�,,]�� ausee�`v / //p� Grantor By � 7'V�— �4 Cwt I!` z/i..K� Car yn Hause aka Caroline Hause Grantor By _ Attest: STATE OF COLORADO ) as COVNIXOF- Weld I Trttipegoong Iteerpngn was acknowledged before me this 30th *Rya: June 4yr •SUITInic Arj,;uIause and Carolyn Hause aka Caroline Hause `-7177 :'� �A gust 25. 1986 keit/fiY'bP t o _ ) t �.�•irarewrment was acknowledged eetoro ale this ay Ol . Ig BYR•,_ pOl r na neindMduaiGnintor(s) orlfGraMorbCoMoratipn. P■rbwtshiporAswclnlon.thenwemiysignsrsaspresldemorwkspesidentandsac,euryor assistant secretary of corporation: or as partner(s) of partnership: or as authorized member(*) of association.). SS. WITNESS my hand and official seal. My commission expires: May public • tom UPDATE LEGAL FORMS P.O. Box 1816 • Greeley. Colorado 60&92 (303) 300.1 tee 8'70414 NO_ 201 ASSIGNMENT i68 FOR VALUE RECEIVED, I/we hereby sell, transfer and assign to Dean Eva Seep Sbeetz > one — S/8" CENTRAL WELD COUNTY WATER DISTRICT, on my/our property described as follows situate in Weld County, Colorado, to wit: Lot 1, Sandy Knolls Estates, SEA Sec 20, TSN, R64W of the -Weld,County, Colorado iiiECEWED JUN 2 7 1y86"'LIES water taps in the It is understood that these taps were purchased for the above described lands and may not be transferred to other land, without express, written consent, in addition to the below consent, of the CENTRAL WELD COUNTY WATER DISTRICT. I/we further authorize the Secretary o£ said District to do any and all things necessary to effectuate this transfer on the books and records of said District. I/we hereby state that all water rates and charges and other monies owed to the District have been paid and if not, shall be held out at the closing of the sale of my premises. IN TESTIMONY WHEREOF, I/we have set my/our signature this " cia. day of , 19 'A • v 12 SELLER: Wilbur A. Haase F 4..r ce SELLER: Carol L. Rause I/we further agree to pay any and all charges hereinafter levied by said District for said taps and to abide by all regulations adopted by said District. ACCEPTED: .Buyer: William Dean Sheets Buy ms' Eva Jean � tze CONSENT TO ASSIGNMENT 6 -24- 94 I, Lorene G. Hirsch , Office Manager of the CENTRAL WELD COUNTY to the above ass/fgnment o ALPHA FNSYNEE"R/NG Calk ENSINtIONIS • LAND ISYIlOPMENT • NROPCRTY AG PIETS RE: Septic System for 4 bedroom home and 1 chair beauty shop_ (Dean Sheets) Dear Sir: I inspected the site on February 20, 1967. The 1250 gallon septic tank and 300+ feet of absorption trench 3 feet wide will be adequate for a 4 bedroom home and 1 chair beauty shop_ Si/nce�relly,-77 �� lyt-* e Cecil R. Crowe P.E. & L.S. 12330 SIT ITN ST. - I.O. ION SSC • FORT LIPTON, COLORADO IOIt/ METRO SOS! 575-5/09 • PORT LIPTON ISOSISST-5300 8'70414 o • WELD COUNTY BOARD OF HEALTH Engineer Designed System Review APPLICANT: Than n . SSk.m.4d LEGAL DESCRIPTION: PT SUBDIVISION: iV/ LOT BLOCK FILING • S I TE ADDRESS : 4* ya/ tin S3 FACILITY: /` �S1bPsfierj / e`ea .lizDG«/ fait/ ACRES: .%S PERC RATE: /S Y Att SOIL: 4.5;41.4(.71 ePt¢iYF WATER SUPPLY: 0 u c! lob No: '(-- rnegi/ SEW S an T Sn/ R 044 SLOPE: /0 </V ) LIMITING ZONE: 7 3 � ENGINEER DESIGN (3.5) EXPERIMENTAL DESIGN (3.14) ENGINEER eye&4- CST, @ale - ESTIMATED FLOW: -45e-z) Or/ Ciatailteent4 G.P.D. PRIMARY TREATMENT: ..562$4,1144o�{ e6fF 6-Aen-ti- -eaNk CAPACITY: Aar C1/20. t5 DISPOSAL METHOD: "rieril eiteS SIZE: 9no -pre z REQUEST FOR VARIANCE: MO STAFF COMMENTS: STAFF RECOMMENDATION: 414031,44/._ -ENVIRONMENTAL HEALTH SPECIALIST REVIEWED BY BOARD: inflr '1g77 B.O.H. DECISION: APPROVED OENIE0 TABLED Ef.A g Dale -P. rt. Chairman Weld County:; Board of Health 8'70414 United States Department of Agriculture Soil Conservation Service I !f 1 34 0 5 000 4 000 3 000 - 2000 :000 0 Scale 1:24 O0O 5 000 Feet C mpw B�W mo ccmra^o mmam.„.►m,mtrammeimimmamine 0.W g_l E;I.1 g°Qo�°�'Sc`r lmot3smmkEjT1 pg 20 -e4 - to wEliFirrw on Pr S ;EtEi 3x055 ;;! wSrlilg a a2v fig m 2SNE 0W'sa7°a-'P olE WP rfl B� ti w rsp k- oth irtg af°ri� ® <Fir&tri;�e Ea_M a; 3.mngRAixm N i* ma4I-6.6- r5 �m IA T coari m g. mm��dm �� s� o03 m gtu . •Eg S•.m :n" `- o 82 -if . Opgg m t_ o g.! L FO•C'bg C.r 0Q r m `. F.zieSa4gmg a 20 g a gag f� o nrmm c sm=P.a C. =2�mta Sr m A'F ^ �£ e e� = re ri- m ig z qe m <g mR Cc $_O p~ °p wac ��° eom am�ibem_ �.d m CD Pms R ash. o -gee "mmS "g45'3b1m1 0Q gt a. ggmm— ggz m g" mm,a.,e¢ ta E2 4 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property _ STATE OF COLORADO ) ss- COUNTY OF WELD ) THE UNDERSIGNED, %eing first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list o£ 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. The foregoing instrument was subscribed and sworn to day of 1!04.44 , I9 87. WITNESS my hand and official seal. My Commission expires: 1-26-22 8'70414 C,Serk A.. l eye a z. - C 4-enti,; w Frn f er►I r% L� ebb RndheY r Share - Ma.Lh-fosh (tjtllow C_61L _prh p`i,100 ic.fie X6644 A At �O Irft�h., r+- eb - Ili39 to- eslin.. t, - lak rv.seg Co -g¢Z2 Sr - 09{3iiomeesoG wolf - Ice r4 ite -�tv / 1Tele 7h rbr esi h;s A,.... Robe.. i- — /O61 tabg h,en+ to sra6-4 V iyhn te_s - Lary.: L. - "71.- 1 e4nt Xe.rsey do NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME Rodriquex� Ptah/n R-Went 'err q Sehlvgel (s, a t i eY- ra- 1n f idrtid r ADDRESS, TOWN/CITY, STATE AND ZIP CODE - ,S/Yf 9Lt 4hIIkruz-Ktme.ee-YOeAn a ASSESSOR'S PARCEL IDENTIFICATION it 0 943.200,90/0 ^ 14254 9An1f knell P/ -Kersey Oplocyy — 0963,tOS/0Yan9 rei•Sty eonrnsm:5,o.hrraII- f%g g eob cr.+ L k BAYIn tr4 7 !SOW /me iyel-_ iohnssr� InAr+i n % - nen,eff c— J5R?Q •54A1iKheli p trd �nGi-h'torrery -- geacha -gLa0 G ste t E S est 0Ec t>extri s i Xeleh r — _ l<933 SAndy Knell Elea— l�er4r-y !•e-Ao[Yv— 09‘3,2040/00k hr,st�gh • hello h- 0(12.e.61. )S PO 'ESPY 2.1,4ce_tai, Ce.�oSyy - o9L32ofrvac, /5 45982 wet? 5Y�- Ke,.seyCo$oGYet- 074.3104060/‘ G'Cfjlthnr-(diYr�j-pyjp;a;�A-.'I�rjOU 5Aniy K�nan Qloa-Karstyrieltaiv0- 094neioo/ SAYIA MInll �nA,,art.�o— 1CeYSty C0.9069v 0963.30904,02-3 vSG31 d/631002 O fe.32,0g0 '/0o y .251,51 lap,d� Kea ski.• srSeyC sks.A,_ LN:t•Kerscydo-et564w o9432otataG -Park G5 -',Andy Knclltiera 3 e. rocvir^ 2SE93- SAndy etin1lBilrl-itersefidroivv- e 9(,3.1oy0/oc6 0963 2016100 /J lenas &arena A. -Sava. - Broom's (teed.. - un ec. 1ior p Oft. 3.10906.00 161514 L,i u4. 0ln - I,eve LAMA.eo. itbg37 - a04 b' PO tzars Kitr5-ey 4.-S(oogy - o9432/6-Scot,1 a 105 KIAn\noses D,•toe- &col.. go $40411 - 0%32/tas640- A, ,.,y _ h avy _ Thn nec - P.0- cie,c SY3 - Kersey ere- frObvy t►11 11c r- 7/3-? 41•-e4- - Kersey Co•$oWy— P.n•?aAA 7ftl,-Ft**nr. Ce. Ro42o — '75S-6'lei 4-4--f_ ker.lryl3.•Aoivv Rod 7•i+y4 c -t 41:n 9harrek. Ic1 e.r1}`troNZ41 Shks5 11� AIer,a- rinhnlit M — :[1 ClslTChhlal 1Oar Son -Dav, Su4-4-oh,Vhcllv R i ttANhySOh Dan.v. ' s t• Pmn oia 1744n a Ij- Sl,.a;iv Chi /4.ehtem —Lem - pa.: v e a943A/o0Vaa r Ott a nraavao .f oto 09437,/0 Wet K►TS<y, v932ego/3 Q �i"�G/a br:ire. K.erse f ea • glotsls/ ^ o943.21ODr/0/V Hersey to.io4vy_ 09G.32i44go15 '731 - a'rC+ Kersey Ce-Robyn/ - 0963a/006'004 /737 e/- Jersey Ca koGyH- O94 -a at 06c60� aoc etittebt'Vet l DriOe- - 09432/00,5667 09631/01 540$ Oy4-•Z/ons 0/6 S 793 aG/ Kersey eo• poiki o yb32.1a6 5o0 7 gendie-Ks. -18reec R- 3oyde2 W ebb Varney Ga Skarran >s /de,- Lt ...yrt E in Altura+ t 4. Ino-nits- Le/Anli- etvP:J - Ber'fh0raPr•a.sala- Cranststo Yin a"''s ra .? Sd4+ /(ersey Pp•rYP4vii 094.32/v05ov? '7S< etSCf <el-Sey S'vvYv Of63 2/06 50/0 $i•nr R+. Rex91-Ow ell-tny tans— 0943-sj00050r7 09432/oocoo I 19 /45 Oita / 06 - knoni c41-060( 870414 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO 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 lasses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from anownership update from'a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this day of Yr loAa WITNESS my hand and official seal. My Commission expires: 19 g7 eh', NotaPubli' 8'7041.4 se, r/81417 � We the und�ien do not have any objeation to a one station beauty shop t e placed in the home of !_n and Jean Sheets at the address of 2642-1 Weld Co. Rd 53 Kersey, Co. address g5 -77e -- fi' ee4 4/n a 5C<G 5 I. /( 4e Y aC C<70 Ja icmota 21:4715-&-,A.42/ e�� -�a4� an'oa u/e/�t s--1--.21:/I'de y y j I `yO/ v '„ 1 ��a�yn1�. Kn,��{�.troz Q (S 4)7 Maher? 14 '' SIN0L.- 110J-kpO i io r 15 ...Yd. i aez.. scsiesgJ . 16'' 17 lu 20 ey c . r 22. 21 a'! 2f 7 7/1 SV GT /Se,7� x 9 / �. , e7 713 / f?an. Q), 737 arizer 4-3-7 .3j, a S} c4- -8'7 7`%3 l�iJ7� CC �///4-2 yyy f.,/.ft,et_ -2 -i—e7 765 gbvd S -3O1 62-ij n rrtjet • 3s"3 - fiy73 ..2/2 C.c_n-i-crth;,1 r ,ESL Lo(C Gits 5, 4y,,, `t cp@ c.V se 6 ",353-2i oys ? �`' J6-3-7;2120 B -352- (0 / 35;- yp 33% 024 02e c. ‘r�wa .557 —7C i - A9 -L-7 o7S7co,retwu�'F�,.,ll de, ,k C/ °1 /,/ _ O2562q T Rc.‘:s.eec ;,.eve l i �✓�` 256_c z ' V(ErSit. 970414 is893 ac9SZ too X io V�GG2E • ='®414 s c o- i -0 p wale rti LI " o tr x a a o v m o s a_ m R' 2 .D R. T 0. c� .a a D O a m Hav zoD �Z<X) pro A V b Q - cyc r O W o0 c7 a% a av� :ECNIrSF5t Vd ST. d K tya a, o 4 J N O c=i] rO C4 O W V> W CL s N O L Hr4' k n cn W W q cn 0 �r W E <o W (.5 A U W CO r N CC H %DOW W N sa .•UNDER? Compbae tutu t entt2 when edditlor.'] serrvka art desired_arl'd�4oetptete• Ilan* 2lend 4. Put,YAui*Miele letM"RER!RNTripura Onthe-Sint letdesFdlureto0uthitvlMi>_ Med SW. PABLO & VIRGINIA RODRIGUEZ 5198 SANDY KNOLLS ' KERSEY, CO 80644 CENTENNIAL PETROLEUM 5000 SOUTH QUMEC, SUITE 600 DENVER, CO 80237 sbnetut.: t Akan aib WA aigNaitreet eddn ntiS tpo n sod oAY&��ELIVER�Eo �..wddrusetAddress /ONLY!/ ?equated and jar RS)• PS seerrr 9141, Feb.1936 .. _ fIOMgTIC REtiiNN Put yenned**naM"RETUPINT eonthe.etwerse aiaFailure to e�m iswi newt arct covou; • MIZEL PETROLEUM 4100 EAST DRY CREEK ROADT DENVER, CO 80201 t[ND[Iti Catenate Kwlu 7 end 2 *heft ddFtkmal kM Mt4aBtd, and con* law Nips380d 4. PYtYOutaddtarIntM"RETURNTO" 'peeOnthe ravrr S ie9ureeodothin's*prwititelk -,..tatYRMd tOYIN WILLIAM & EVA JEAN SHEETS 26421 WELD COUNTY ROAD 53 BOX 58 KERSEY, CO 80644 AiTV: N, - • 8'70414 c -'- a U �] m O m >w.�a s �zav A. co m sza CO O Z co O >+ G O • Z V m m ¢ H V ^ Z H > N G] O ] F zLn v m¢w z m Z n C ¢ 7 w 44 W 0 xCO • dda 6 O m d¢ o a 4 OD mzo .is ¢ V) • mw e m Ln •.0 z ANY v v CO CO a J m c a ¢ 0" On - S a W g ii U P. m a 'o a � ru c a -a in mom I r = -- 0 Z P G Y o> a r. N., 2. DI o z 0 w¢ v) w w m w a�a - t m m Z N Z bGP089'S861 "0'cro-s-n • tNt::Falha�to- ifs :thbriot ,preterit fhb, AlwEr ndala *PS" 01Seg118MM 8. Adi'YMia Adds" L 1J riquededendfir DOMESTIC RETURN RECEIPT .. iEN08R:.CamPiata tams 1 and Zwlwn addithnaI madman dtaired, add camolom lame and 4. -P xyp CridOM MIIM"RETURN TO'tipaaa aRturtarwwsids.,FsEure !odds w114Prww- iFb q'Omod; MARTIN E. BOHLMEYER . JEANETTE JOHNSON BOHLMEYER 25870 SANDY KNOLL BOULEVARD KERSEY, CO 80644 '.' .DOMESTIC RETURN RECEIPT r„c io4riEdNa loth "RETURN Trip=4n the tarwaa aldt iFdlun to tlothb will pawn this Qaff%RPIII'. ]RbRMd tO. Op. ROBERT & BARBARA! HOFF 25654 SANDY 1 TOLL BOULEVARD KERSEY, CO 80644 T. ttnef oolvery PS Farle 7811, Fab.1986 JOaloof Da1Mry- PS mt1,,Fwas's.b% di WALTER & MILDRED SCHLAGEL 26256 SANDY KNOLL PLACE KERSEY, CO 80644 z � - 0 w 1 tt IT c <r w W v _ :r; 4 0_ ru c z U o CO m •.c o C.O. --I C.) q N • W Y. 7 Z C0 CO x O O mZax av av O 0 � z CO 0U C C O C U -• Z M W M z ao+x 1Z v'i G] Y r Y a c g_ O prf- r- w≥_ w a wLt � F . , -.a --.1" a xa...1. Cr pro;' ,ao'ID C.) c ¢xco o cz x c -R C a O cal Z V • - x E 1 cn J JS ern rz' cnCO p w x k, O5'^: x a m a a� o•.0 c0 P. rn w • Z CO a o cvz - • 871414 ENO[RmC«m+Nta7wimtand 2mpenadditional .rvku.are desired. ano.T. . mmpMtNtaros3aM a, , iwMarawin Ole HREJURN Ten:Miceon the nve eolde: reaunto do tfi6ivalpeiivantMic JOHN & DEBOR�EHRISTMAN PO BOX 246 KERSEY, CO 80644 *y, l -"r. t r ' a.. . , .. I, .� c.uo o-► `9 air enr;= Apint !x .Data.ot-D.sllnlY; ill ferrnSptt Eetr.1986 : �6L ' Aetamed teypli, HELEN J. GUPPY 25933 SANDY KNOLL BOULEVARD KERSEY, CO 80644 04 a wed _ WIDIliti-Complete Penis t and 2:wher eadltionNaeMprare teethed, end templeteJaame3 end 1. elam Vddmiairtthe "RETURN Trios. on dm ravxr skit: canto as al MB Mao* this '�' ..�;f .Yen'• --- .- LEO & REATHA BRUG 25893 SANDY KNOLL BOULEVARD KERSEY, CO 80644 DONALD & MARGERY BIRD 25865 SANDY KNOLL KERSEY, CO 80644 a z coo w ¢v10 U1n U v) en 5xr' 0 a L N C M cn a>,4 a Q c m Lil N O 0� N r- W �4 r!...a � �'. z en rtt O. a4 a to o= 000 Ir u.1 W r Z CO U g cf, E O aao N - a x M - 0H - zzc >+ 4 Qtn W C u1 O V N 4 a a: o > ? 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Ow N � l0)-7 cr z .n m F-, O =' O - .-4 w o r, _ in H0 cn U M1 ti e T 1 z a xzr C-, N m c n 0 -4 Z o � w � M1 iL & THOMAS BOPP M O +t U tf1 >4 X Y W z W O O R. -,o.x 4Cx1 C) • cd noon Imo <mc0 • a moo 7 --13 U `°are z U m 0 G n m p' O GC O R' U N C9 CENTENNIAL PROPERTIES PO BOX 786 EVANS, CO 80620 Manz MNa dpatai d edAhtwee sant and DATEVECtvERED- .. DCYRRTIC RETURN (RRIUM T "RETURN f0" tpoae on the nNrw ddr.Ftllun to do thhwnt agrant tlhlr JOSEPH & JOYCE MILLER 713 2ND STREET KERSEY, CO 80644 DCN6RTICAETYRN: tRCRIPT In-tu "RILIURN Itr Spat on a.a N theratetFallureto da-.thk will vivant this ..�_._.�. t, Dato c(oalistry 'Saba Rs Complete IYNn► F eM 2 whah additionalanioer antlwired, ndnonaltte Tams and 1_ ntM'WETURN TO'.= tape 'on'[M yawn ads. -Failure to do this win prevent this GORDON & VERA BROOKS 2105 CLUBHOUSE DRIVE GREELEY, CO 80631 RRTUMI nauiT 870414 URN watt. MwY�%pbeita cd.e lied It B.AddlarsKa 1a0Ua#adaaifee r ra r Z Z n i r l . O P . `' c. -4- lr - = � O a m .i o H CO 0_ ao 000 `7U 4 V ..0 Ca • N N L (i7 Cr 477 cn ti r'1 W H f-- Y rr. Z w ra Z 2 6 O CO E E+N O H O U fn co O ZO 34 w U 01COo W CO >30 Z T Ca el mom¢ JSrtt rr 1 Sr- rr o G u. a. a WN W O ,-, A in W z ti X PS Pa natttyFa ,1986 IENDER::CompMta ita ti T and 2 whin additional arvicaaaradaskaiand aoniplata itamr8 and 4 Put9ropr addnM'htifM,"Reltin liriPIoeOn lMMare :ddr.Plalt4ladothisMit;Kant this `94, JAMES & LORI L. `FLYNN 736 2ND COURT KERSEY, CO 80644 r r� v / PS.Fonn 3611. Feb. 1986. cF DOMESTIC RETURN RECEIPT w...wruona smolt erg Modre4;and tamplan items Land 4. - -. Put YouraddtNt,M the" liaTURN TO'? slatson tM.+..wr SOLI:sauna to do.thN.wlll Plaint tit eaedlneni raid loyal, la AAB INVES45NT COMPANY 14439 WEST EXPOSITION DRIVE LAKEWOOD, CO 80228 WILLIAM & ELVA McINTOSH 800 SOUTH 1ST KERSEY, CO 80644 y. tuta,ot'DNWwY *S"7- icy 6!t RODNEY & SHARON WEBS 755 2ND STREET KERSEY, CO 80644 8'0414 we H O V V: V Q •, nZr I -IN CO Z CO M W '0:. . now .. `J -S .. _J ti Q a Z M1 ❑ o, Wg_ N it _ 0 f F{ tr egyp a6 4 VSi2 Z A.. raj 4tzQ yO MI Of , .$. O LL .4¢F F .4 c Q,� az H y E U ^- 7 cz: u 14 ac z w \c C Z C C h N cn a � S 2 • p7 f` .'" N _z Gov Z v T7. O C O V H CO c z ••6 z c m• m v z z i w r u z w m CO N_ W W Q N - .';c C G `J -S• EakRDL: :ti lat".;,CrPiloitatna1and2venaddltionNaarvka.rfdatind,and; 01,4141"4'3104- '-PutyoUreddrauiotha;'ii t1$N To71paoa omtCM:*er fldnfalluntodo/hbwNEWwinYi1W• orA hOlibek ts*mort ;DENNIS C. & PAMELA RICHARDSON 731 2ND STREET COURT 'KERSEY, CO 80644 Y 0. BOX 758 COIOi2Anp 80632 �kTURt� R£Ctiwt REQUESTED i Unaf y UtiC.K � m: n0i0wr '�S _ y�" acre: D, I 371 .hlh� I�`.f+-Ll F ,r I- ._ �.,f�l v not re: . �. •� 'tip .. - N m a aal x� ozs xcv 000 6 ac )-. 5 o N f:7 U H Z W r OU CI .] co C M N �4 ___. „_..Sf:� �q DANIEL .Tv 4v ARSON N SUTTON KERsEY, CO'NIAL DRIVE 929! .6RNDR$: Conplata 1Cam,1-pId 2 WWI additional swine eta dedrid.. and eompleta its:10 and 4. ;Pgtytwradduw�n tM.'•'RRSOlt/i;TO"' aDaai on tM maniac FSltun mdetlda,veltf Pn�wYnRttair aaMiiaNt i�� wwt� s CP. ALLEN R. & CONNIE M. SHUSS 212 CENTENNIAL DRIVE KERSEY, CO 80644 4. ix.'4/twof, iver , - �/� Pi form .._._ JULIO & SHARON RODRIQUEZ 218 CENTENNIAL DRIVE KERSEY, CO 80644 1 and o0N[tTIC fIRTURN $iCtiIPIC 11. PSI i; • 8'70414 U H C4' 2 0E-4 F C 0 Q..)" rHo Owen -> w x a F O v] :J Pr; p - z m v w w_ rn ¢"om 7 r Y a E Q _ M U O s ru U d 00- J r: _ U ^,--� o 6 W GO ▪ 2 12 H O ut, r.) . Ca - a 4 m CO o, % < s w d r Y O 0 ru r- rU 0 R- O a o- r - C3 n - D a m a w O w r_ _ x O Q 2 CO J z N 2 CL N Q CU VJ U • ] H 0 % O O ti O F ▪ z%E xo 7 • rxr GO •3 d ZU 7 -Qo O ^.z c. a rSLCcs38C: V c 350 • S' • VZ 6'd c_, O x w 0:) a O (n U GC- z f wN W U 0(e) x SA1 a. 1 w iENDER“Complan itama nod z wn.o- additional wevlcos lui drk.d„7 n4tamplm hri.laodC: bgM"AETURNTOr's 000niM+ Mtioll rISPOMmdosAkwitprooRtihu JAMES B. & JOYCE/F. HENDRICKS 749 2ND STREET COURT KERSEY, CO 80644 _ 1986 Put',y. ALAN L. & NANCY CHITTENDEN 743 2ND 'STREET COURT KERSEY, CO 80644 7. DWofBdbary 5--7=87 PS Farm 9Elt.POS-19 66 nir vto MELVIN WOLF J•w. REITIER ROBERT BRESINISHER PO BOX 1001 LON NT, CO 80"s DUANE'R. & SHAIER NAI3AUER 737 2ND STREET COURT KERSEY, CO 80644 DOMESTIC RETURN. RECEIPT - DOMESTIC RIttilltiRscsirr • • Ara,YMlrrrr: _ 810414 c S Q N C W fL E 0 )-Z Cr ¢ a - a UEt _W m a U J 2 O Cs] .a m � � v U 1/4O CC E -4 • C> a U w H o g N U -2 zadg>. U R N w H w O m cC ‘,0 Y S'a 0 0 Ll 6 SO a =zw M v } O a0�' wwo C � U Z C z 2 W S ' a z >6G'039-336: "O"d"O"$T+ W C� Q J M ON F n C • c:1 4O z s a r • Oa Q aw F O .= N 6 w 3 zz 04 v 04 o v W O cow coC° w` g F O o U `iSpa umniti com n itrna J end x stru ddtdooenisma . are wind: ami compiete igate_3aad 4. Put Yaisfiddisimgr"RETURiiTo.+ sPIthe"w,witde:: .Taaa�itv�v!«≥"F�.' BEGIGNO, MARIA, BELEP<, JAVICE & ERANSISCO GRANADC 602 2ND STREET KERSEY, CO 80644 7;,Deteof 0406my - . • P8 Form 3671, Feb 199 , M Lii• "F+E„7URNTC/•�ipia ow tM ramie a mH LELAND & REVA THOMAS 19165 WELD COUNTY ROAD 100 NUNN, CO 80648 Y a e U _- f� ". LLOYD & MARGARET ELDER `. STAR ROUTE, BOX 99 POWELL, WY 82435 RODNEY G. & SHARRON WE'BB 755 2ND STREET COURT ;KERSEY, CO 80644 c DeMEtne nTURN NEOEWT V-Nhwirsudo+Nsw111a rea .vwi • 11,.1.•4: 0• i 6: RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN THE CHANGE OF ZONE APPLICATION OF BARBARA JOHNSON 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 27th day of May, 1987, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the application, or that there is newly discovered evidence for a Change of Zone for Barbara Johnson, 1715 Harvard Street, Longmont, Colorado 80501, which was reinstated to an A (Agricultural) Zone > District by the Board of County Commissioners on August 15, 1984, and WHEREAS, said hearing concerned the application for a Change of Zone on the following described real estate, to -wit: Part of the Eh SW4 of Section 5, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said hearing was conducted according to the Board's policy concerning applications for land -use for property previously -denied, said policy having been adopted on May 21, 1986, and WHEREAS, the applicant was represented by Vern Nelson, of Nelson Engineers, 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 Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that the request for a rehearing concerning this matter shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in her letter dated March 2.6, 1987, has demonstrated that substantial changes in the facts and circumstances have occurred. PLI �-.>`.6 c 870422 Page 2 RE: SUBSTANTIAL CHANGE JOHNSON 2. The Weld County District Court, Division II, in Case 83CV668, Review of Change of Zone Case #Z-390:83:5, has identified that "There is no evidence in the record to reflect that adequate sewer services can be made available to serve the site." On February 24, 1986, District Court, in Case 85CV116 approved the formation of the St. Vrain Sanitation District. The location of the proposal is located within the boundaries of the St. Vrain Sanitation District. 3. The Board of County,Commissioners, on January 13, 1987, approved a new Comprehensive Plan that was not available when the original Change of Zone #390:83:5 was reviewed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding 'the application of Barbara Johnson for a Change of Zone. BE IT FURTHER RESOLVED by the Board that the request for a rehearing regarding a Change of Zone on the above described parcel o£ land be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1987. ATTEST: weld County C- erk and Recorder and Clerk to the Board BY: .1�. Deputy Count C er APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUN •LORADO C. r rb • , Pr. em Gene R. Brantner EXCUSED DATE OF SIGNING - AYE 111 Jac Johnso / Frank Yamaguchi 870422 DISTRICT COURT,- COUNTY OF WELD, COLORADO Case -No. 83 CV 668 Division II FINDINGS OF FACT AND CONCLUSION OF LAW PICHARD E: BAMMY•`:THE-motAT_z'>i ESTERN SUGAR CO., a Delaware Corporation, MAYEDA FARMS, aPartnership;;, and CITY OF LONGMONT, COLORADO a Municipal Corporation, Plaintiffs, VS. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO; and BARBARA J. JOHNSON, Defendants, FILED IN DISTRICT COURT I t, , APR �� i�� . I 7 ±3_1'1EiLEDiVic77N3 THIS MATTER, coming on before this Court, pursuant to COLO. R. CIV. PROC., Rule 106, on March 8, 1934, at which time the Court heard oral argument regarding its Order. to Show cause. At the hearing, plaintiffs Richard E. Hamm, and Mayeda Farms, were present and represented by attorneys of record, HOPP, .CARLSON & BECKMANN, P.C., by Walter J. Hopp and Jeffrey D. Larson. •Plaintiff City of Longmont was represented by attorney of record, Ralph Josephsohn, City Attorney for the City of Longmont. The defendant Board of County Commissioners of the County of Weld was represented by attorney of record, Thomas David, Weld county r Attorney. Defendant Barbara Johnson was present and represented by attorney of record', William S. Finger. The _Court after having carefully examined the record and. heard the statements of counsel, makes -the following_findings: 870422 Approximately March 29, 1983, Mrs. Johnson applied to weld County for change of zone from A (Agricultural District) to PUD (Planned Unit Development), for the development of as eighty acre mobile home park on her property. The plaintiffs are owners of property located either immediately adjacent or in close proximity to the subject property.The plaintiffs' pzoperties; as well as the subject property, are presently prime irrigated farm land and zoned A (Agriculture). The City of Longmont, whose landfill is operated pursuant to a valid'nertificate of designation for solid waste disposal sites, uses its property in accordance with allowable uses within Agricultural Districts. In addition, the future Weld County land use map shows that the subject property is located in an area intended for agricultural type uses. Subsequent to the acceptance of Mrs. Johnson's application for rezoning by the Department of Planning Services for weld County, the department, pursuant to veld County zoning Ordinance No. 89 (September, 1982), referred the application and proposal to the appropriate agencies, commissions and governing bodies for their review and comment_ Two letters sent from the Department of Health, Water Quality Control Division, expressed concerns of the State regarding the proposal. In the correspondence, it was pointed out that the proposed d9aste water treatment facility was not consistent with the Larimer-Weld Water Quality Management Plan which identified no waste water treatment facility needs for the area. In addition, the proximity to the Longmont Urban Services area placed the proposal in,conflict with the.Division's Policy ofregionalized treatment facilities. TheLongmontSoil 2 8'70422 . Conservation District sent ,two letters in opposition to the particular proposal. The Longmont Department of Community Development, in a memo dated June 21, 1983, expressed its concerns about the proposal, and emphasized, inter alia, that the proposal was in _conflict with..the_Weld .County.. Comprehensive Plan. In addition, the memo pointed out that both the city of Longmont Long Range Planning Commission and the City of Longmont Planning and Zoning Commission had passed motions strongly urging Weld County to deny the proposal. A letter from the Water Resources Projects manager for the Larimer-weld Regional Council of Govern- ments advised the department that."the future availability and costs of sewer service in this area are uncertain at this time. Availability of sewer service should not be considered a favor- able factor in this particular proposal and rezoning request." 1 Thereafter, the Weld County Department of Planning Services' staff, on July 5, 1983, recommended to the Weld County Planning Commission that the request for .change of zone.be denied. The denial was recommended for the following reasons: The change of zone request was not consistent with agricultural policies of. the Weld county Comprehensive Plan; the proposed request was not compatible with the surrounding land uses, the majority of which are farming activities; the change of zone request was not consist- -ent with the residential policies of the Weld County Comprehensive Plan; the applicant proposed a high density urban residential use for the existing irrigated crop land, in an area which is not targeted for future urban activities; and the impact of the vehicular trips generated by this proposal -would change the 3 g'7©422 character of Colorado State 'Highway 119 and effect the highway's ability to perform As an expressway. On auly 5, 1983, after public hearing and consideration of the evidence presented and recommendations made, the Weld County _Planning Commission,,hy resolution, voted unanimously to recommend the proposal unfavorably to the Board of County Commissioners. The reasons for its decision are exactly those set out by the Department o£ Planning Services' staff, and thereafter adopted and incorporated into its resolution by the Weld County Planning Commission On August 24, 1983, the Board of County Commissioners held a public nearing to consider the proposed rezoning of the subject property and to take final action thereon. After introductory remarks by the Assistant Weld County Attorney, as well as the reading into the record of the resolution of the Weld County Planning Commission, Mr. Vern Nelson, engineering representative for the applicant, summarized the applicant's presentation. Be stated that there was a real need for this type of low cost housing in the area, that they would show that the proposed housing was of high quality construction, that the project was well planned, ,and that it would be a credit to the surrounding community. Mr. Gary Tuttle, the land planning consultant for the applicant, then stated why the site qualified for rezoning, described how the proposal would be suited to ,the area, and outlined the changes that have happened and will happen in the area in question:. The consultant then defined the boundaries of 4 870422 the area as being Interstate I-25 to the -east, running through downtown Longmont to the west, to the north and Colorado State Highway 119 to U.S. Highway 287 State Highway 66 the south. Referring to an area northeast o£ the Longmont City limits, Mr. Tuttle then stated --that _Nfatalett.=Packard.4lans-to.huild,a_.major facility .in the vicinity. Projections as employees and number of homes by the consultant. Mr. Tuttle Camino which is property near to size of the plant, number of to be built were then testified to described the development at Del Interstate I-25, zoned mainly commercial. He then described land located at State Highway 66 as property presently zoned for BUD, commercial and business type development. He also mentioned a "major proposal" for a horse racing facility, but the record does not disclose the exact location of the proposal. A larger residential development proposed near Mead was then mentioned by the consultant. In addressing the concerns that had been raised during the review process with the Weld County Department of Planning Services' staff, Mr. Tuttle indicated that at the present time, the proposed use of the land would not be compatible with the surrounding land uses. Mr. Don Johnson, the husband of the defendant property w 'owner, stated that his wife had owned the land in question for twenty-two years and due to the inability to economically farm eighty acres and the acute need for this type of housing in t2ie area, he felt that the mobile home community would be the best use of the land. -Mr.-Jim Ricketts, general manager and corporate counsel of Neata Homes,: Incorporated, spoke to the Board in his 5 8'70422 capacity as representative of the Colorado Mobile Home Associa- tion, and commented on the lack of space and need for manufactured homes in northern Colorado. Plaintiffs Hamm and Maveda, through representatives appearing before the Board, presented their opposition to the proposed rezoning. Cordell Richardson, a" -neighboring property owner, stated that it was a good location for a mobile home park, and had no objections to the project. It was subsequently learned that Mr. Richardson's property was for sale at the time of the hearing. LaDonna Swanson testified that she and her husband operate a farm near another mobile home park south of Longmont, and they have had no problems._ Ramona Hilton, adjacent property owner, stated she had no objections to the proposal and that she thought it was time that they did something within. the County without Longmont -dictating to them. Mike McDonough, Deputy City Manager for Community Develop- ment for the City of Longmont, speaking in opposition to the proposal, told the Board that both the Longmont Planning and Zoning Commission and the Long Range Planning Commission unanimously urged the Board to deny the application. He also pointed out that a new city ordinance presently allows for mobile home parks within the city limits.,He-then addressed the Hewlett Packard development, stating that construction would not commence on the facility until at least 1987. Mr. .Ray Edmonston, operator of Aerial Sprayers in Longmont, stated that his company serves the, farming area around the proposed development. He then discussed his concerns with safely dispensing 6 870422 esticides that close to a high density residential development . nd still being able to serve the surrounding farms. In response to a question from the Board concerning the eonomic feasibility of the on -site sewage system, Mr. Nelson 'itatecflhat at„thi-s_point no feasibility studies with respect to .he sewage facilities had been conducted. Mr. Tuttle admitted, in an exchange with the Assistant County Attorney, that the proposal was not consistent with the comprehensive plan. After reading portions of the letters from the Colorado Department of Health and the Larimer-Weld Regional Council of Governments, the Current Planner for Weld County emphasized to the Board that he felt that the letters indicated that the govern- mental entities were not willing to approve any package treatment clan for this site. In summation, Mr. Nelson stated, among other things that "I think this map shows leap frog development I'm not testifying wrong, but the fact is we have it. It has that that's right or occurred, it is occurring and probably will continue to occur. The Assistant County Attorney then charged the Board with the specific criteria to review the change of zone. The public hearing was then closed and the motion was made by Commissioner Brantner to approve the change of zone. His reasons, among others, for approval were as follows: That it would serve the future growth pattern that the applicants have demonstrated; that the area is going to develop anyway; that there is a need for -this type of housing for retired people; that the land is good agricultural land but Longmont has demonstrated - 7 8'70422 F _.: .that it is -sometimes necessary to use the land; that although there is a concern about the sewage, the Board would have to rely on the State Health Department to make sure that it is adequate; and that the comprehensive plan needs to be updated. The motion vas:then isec•ommilerd-1:›Vtoicaticssirorter• "Carkson.-Etnanissioner•-•7ohnson, in voting against the proposal, stated that she was relying on the recommendations of both the planning staff and the Planning Commission; that by the applicant's own admission, the proposal was not consistent with the comprehensive plan and that it is important to adhere to the plan; that she was not convinced that the evidence satisfied the criteria; that there was no evidence presented that the zoning was faulty; that the evidence of charging conditions was not very strong; that she was not convinced that the adequate water and sewer would be available; and that she was not convinced that the proposal would be comaatible with the surrounding land uses. The motion was then passed, three voting yes, one voting no, and one member abstaining. The written findings of the Board indicate that the proposal is inconsistent with the Weld County Comprehensive Plan, but that "changing conditions in the area warrant a change of zone". In spite of the charge riven to the Board by the Assistant County Attorney, no mention is made in the written findings regarding the proposal's compatibility with the surrounding land uses, nor the availiability of adequate sewer service for the site. It is from this decision by the Board that the plaintiffs bring their Rule 106 action. The Weld County Zoning Ordinance, No. 89`(September, 8'70422 8 set forth the specific procedures and standards against which the Board must review any change of zone. The Ordinance mandates that the Board shall consider the recommendations of the Planning Commission, the facts presented at the public hearing, and the information contained in the official record, which includes the f7epaL Ewen' -o'£ isIaun'zing` S.ervices.,case ale : -- = The- app'? i:caart has -t'he burden of proof to show that the standards and conditions o£ the relevant sections of the ordinance are met. The applicant shall demonstrate that the proposal is consistent with the comprehensive plan and if it is not, the applicant must show that the zoning of the property is either faulty, or that changing conditions in the area warrant a change of zone.. In addition, the applicant must show that the uses which will be allowed by the proposal will be compatible with the surrounding land uses. The applicant must also show that adequate sewer service can be made available to serve the site. In review of a rezoning decision pursuant to C.R.C.P., Rule 106, the issue is whether the inferior tribunal, in exercising its quasi-judicial functions, either exceeded its jurisdiction or abused its discretion. The issues involved in a rezoning case focus on the reasonableness of the Board's application of the w statutory criteria to the evidence presented. Snyder v. City of Lakewood, 189 Colo. 421, 542 P.2d 371 (1975). Furthermore, in determining whether the Board exceeded its jurisdicition or abused its discretion, the reviewing court is not only strictly must uphold the support it." limited to a review of the record, but "The court decision unless there is no competentevidenceto 9 870422 • Kings Mi11 Homeowners Association v. City of Westminster, 192 Colo. 305, 557 P.2d 1186,1190 (1976). While "competent evidence" is a broad term, such evidence must be factual in character, as opposed to sentiments and emotions. : Corpertv:-13enver;n5-52 1::23 3 197i6I, .'-.Spec. a 4cmt--alsd,op non do not qualify as competent evidence. Simple generalizations and conclusions, without statements of fact'upon which they are based, must be regarded as insufficient. • In carefully reviewing the record, it was admitted that the proposal is inconsistent with the comprehensive plan and there was no evidence in the record to indicate that the zoning of the property was faulty. The "changing conditions in the area" relied upon by the applicant and ultimately by the Board, were merely projections, speculation and potential for an area significantly larger than that contemplated by the statutory criteria. (It appears the area bounded by Colorado Stag Highway 119 on south, Interstate I-25 on east, State Highway 66 on north and U.S. Highway 287 on west in approximately 18 square miles.) Interpretation of the ordinance must reflect the legislative intent to promulgate regulations and criteria for land use and planning. It --is in this light that the term "area" must be defined. The applicant has failed in her burden to show by competent evidence that the changing conditions in the area warrant a change of zone. Assuming'arguendo, that there were -changing conditions in the area, the evidencepresented in the record shows that the proposed use would be'incompatible with the surrounding land 870422 10 uses. The proposal was for high density urban residential use,in an area presently agricultural and projected to remain as such. The irrigation and crop dusting problems are but some of the areas of conflict between the established farming operations and the proposred_rec;dential_communi-ty. In addition, the incompati- bility with the surrounding lands uses is admitted by Mr. Tuttle, the applicant's land planning consultant. There is no evidence in the record to reflect that adequate sewer service can be made available to serve the site. To the contrary, no feasibility studies for the sewage facilities had been conducted, even though the applicant was well aware of the problems in obtaining site approval for independent_ sewage treat- ment facilities. In addition, Mr. Allison, the Current Planner for the County, in summarizing the letters from the Colorado Department of Health and Larimer-Weld Regional Council of Govern- % ments, stated that the entities were not willing to approve any package treatment plant for the site. The Board, in approving the proposed rezoning, abused its discretion and exceeded its jurisdiction. In exercising its power to rezone, the Board did not reasonably apply the statutory criteria; of its own ordinance to the evidence presented in the record. in conclusion, this court finds -no competent evidence in the record to -support the Beard's decision for each of the criteria enunciated"by its own ordinance, IT IS THEREFORE ORDERED that the case be remanded to the -Board of County Commissioners for the County of Weld, for action on the subject property, the legal -description of which is attached 11 hereto and incorporated herein as Exhibit "A", in compliance with the decision of this court; and further orders that the -'zoning of the subject property be reinstated to A (Agrigultural). DONE IN CHAMBERS this 02d;t2; day of April, 1984. TAMILS"! H In:AL GESLi UTICN A survey of all that part of the Southwest 1/4 of Section 5, T.2 N, R.68 W, of the 6th P.M., weld County, Colorado, described as foilows;.beginning at a point on the North line of the said Southwest 1/4 from which the West 1/4 corner of said Section 5 bears South 89°46' West a distance of 1255.28 feet; thence continuing along said North line 89°46' East a distance o£ 1396.38 feet to the center of said Section 5; thence South 00°22' Fast along the east line of the said Southwest 1/4 a distance of 2408.62 feet to a point �a t h =Nortiv-right.-o>f way iine ox S tara:�iighway'No `339 ; ther e . alb said right-of-way, South 69°00' West a distance of 110.75 feet; thence Silt: 86°31'30" West a distance of 1310.81 feet; thence North parallel to the West line of the said Southwest 1/4 and leavim said right-of-way at this point, a distance of 2522.03 feet more or less to the point of beginning, all hearings used herein relative to the West line of the South4est 1/4 being North, and subject.to-any existing easements or rights -of -way. 870422 A T T £'N D A N C E 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 27, 1987 DOCKET #87-22-- USR,'Livestock confinementoperation - Jack Dinis DOCKET #87-23' Amend USR, Open -cut mining pit on additional 9 acres - Weld County Corporation DOCKET #87-24'- USR,'Home business (beauty shop) - Eva Jean Sheets - DOCKET #87-25 - Substantial change in COZ applicatire - Barbara Johnson DOCKET #87-19 USR, Livestock confinement operation - Gary Bragdon NAME,-; ADIJRESS . r. i7iL�71 / - - - l' lC% JSLr xe Lice HEARING ATTENDING SatiLP� 7-17 C,�R_x y `!A=in,mplirn ,.8Gst 9_ Icti - 17/ Wivpsor-, .Docar te7 49 Itiaroia Ti i 1titiCo0- nV11 t.1ae42k4 Wi‘rd.-991- pFxec-1— 417—iy F /AC' y - { , .7nit itje nw air sal"/ La e. /7.-- 44 E L. ret-,Gnl en Deed* t ier-/.5r A/wiPi ie.sz.-,2_ lIsai r.5.Co.�(P�o�P ��t �J 4e,tri / r)ocke,-l-le.)-rci s(kiA "hie c1e. \ C['-I1v‘ i %a-a/a 10 e f? gJSIt)1)1chor Doo-Ktr :2- /7 Alma. e -de - A( -c- 2:0 r'aeie C7 )1 z,,,, In ,1 (1/C teecli sp„erf as71 -/9 ft, 3' Y, `{oatAKes =IckQ.1clAtt, - 2-1.333 t-tov. -let ;,L t,.v.,,t -fic. 4—l-:{9 i z-ce G es. __../.. .l? -r : re ate.-: 7413C �, .'zr � �/I -� d✓efacke£ ?) ec�cfi� g i% (1‘3 aief SV-C o N 766 r /a/a a. -Oaf As Ci-ts A F,, (y A (CAlaci-e •f- 1.01/ ki 77- rZ r c ek .S )brA Same -9a G 77-x_ tarrg 40 Can 4Ar r-t� l...c.N e•n •F EL t A - tic -,C A UP -- 7 CA,- �n 1r/9‘ �z y� �� fi/0 z gger4 Dan � to ��c�S ChPfpcfie-Qr, , El- (7./ �s��" 8'704�,� � ATTENDANCE R E C O R D 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 27, 1987 DOCKET #87-22 - USR, Livestock confinement operation - Jack Dinis DOCKET #87-23 - Amend -USR, Open -cut -mining. pit- on additional 9 acres — Weld County Corporation DOCKET 487-24.7 USR, Home. business:{beauty-shop) - Eva Jean Sheets DOCKET #87-25 - Substantial change in COZ application - Barbara Johnson DOCKET #87-19 7 USR, Livestock confinement operation-- Gary Bragdon ADDRESS HEARING ATTENDING - orlico A;m1.. %ti-. ca /-1/-117,7-# .57 kmagRAtND ki Y c7 -i qinecc a .aFamcik, nin 771- 6Yr. eve.seGe.i 1277 - ice) nt/(e X41 4^' e.ato vi) L"ir-3`1�� r, train; 3 Jr-rLe %U eik )4,/ `1 -,3 2 A,,r.I x.700 VA -LA.— C—"t-r(242'mc Lgv�,�-, .77-.22,-t� 17 I? N /i//L2-iN(ra /U`v19' IN G' l? GG. Ora se -/ea d'06�y t$-4.eC� a `.��/'/ /nir ci t,s tip 11 j -L tJ,ay s 7 ePtt -.23 tots %7 _ .23 / Phi 870422 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 following matter 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 coat of engaging a :court reporter shall be borne by the requesting party. BE IT ALSO -KNOWN that the teat and maps so certified by the Weld County Planning Commission may 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. 87-25 DATE: May 27, 1987 TIME: 2:00 P.M. APPLICANT Barbara Johnson 1715 Harvard'Street Longmont, Colorado 80501 ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application, or that there is newly discovered evidence for a Change of Zone which was reinstated to an A (Agricultural) Zone District by the Board of County Commissioners on August 15, 1984. LEGAL DESCRIPTION: Part of the E} SW} of Section 5, Township 2 North, Range 68 West of the -6th P.M., Weld County,. Colorado LOCATION: Approximately 3 miles east of Longmont; north of State Highway 119 and west of Weld County Road 3} 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: May 11, 1987 PUBLISHED: May 14, 1987, in the Johnstown Breeze exiviat/ 870422 THE JOHNSTOWN BREEZE _ STATE OF COLOItAUO t 1 SS COUNTY OF WELD 1, Clyde Briggs, do solemnly swear Drat I am publisherof; The Johnstown Breeze; that the sante is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Coloradu, and has a. general circulation herein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks ,prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States retails as second-class matter under the provisions of the Act of March s, 18]9, or any amendments thereof, and that arid'_ newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of tht- laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of ..1f . consecu- tive insertions; and that the first publication of said notice s2titinthe issuts of said newspaper dated */ A.1J. isa.., and that the last publication of said notice was in the issue of said newspaper dated A.D. 19 In witness whereof i bare hemunto set my hand this .....`'�- do)* of / A.D. 19.15]. Subscribed and sworn to before me, s Notary Public in and for the County oL Wel Sate of Colorado this .. tSE-- day of , .. A.D. 19 f.. My Co@mission Expires Jute 14, 12757 2 South Parish Avntiiee: jo^n:tewu, CO SC534 AFFIDAVIT OF PUBLICAtON State of Colorado County of Boulder 1 J. R. Hofmann do solemnly swear that the LONGMONT DAILY TIMES CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed"legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 18:19, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which: said notice of advertisement was published, was transmitted' by mail or tamer to each of the subscribers of. said newspaper, according to the.accustomed mode of business in this office. That the annexed legal notice or advertisement was published in the. regular and entire, edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated May 16 , 19 87. 440.. . Subscribed and swom to before me this day of May ,19 87 General Manager 16th FEE$ 29.50 Notarxaub is Oassioireeigie October 6, WI 717 -or4�ffi oAvenue Colorsdo 8:01 nr -seRk a ` 4Iw WNtl tkurLsaitil DOC!ciXi•o. ;mama * t 11 :. 5..7 . ., ,, ecsi AfsYCAI %$' tit t ai ire*cairtAtirrt . 870422 • 2 all m 5 41 uWt.t-4.VY - -C7-7 _ If you have no objections, we have following hearing for thei 27th day of May TO: The -Board -of County Commissioners Weld County, Colorado_ FROM: Clerk to the'Board Commissioners: Docket No. 87-25 - Substantial,. change in COZ Barbara Johnson OFFICE OF THE BY: The above mentioned hearing date on.the agenda as stated above: BOARD OF COUNTY COMMISSIONERS' WELD -COUNTY, -COLORADO tentatively set the , 1987, at 2:00 P.M. application - LEA TO THE BOARD Deputy scheduled 8'70422 Summary of the Weld County Planning:Commission.Meeting, May 5, 1987 Page 18 MOTION: Louis Rademacher moved Case Number Amended USR-199:73:14 for Double Eight Land Corporation for an amended Use by Special Review permit .to increase the capacity of a Livestock Confinement Operation from 2,:100 head to 3,000 head of cattle. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. There was no further. discussion. The. Chairman asked the secretary to poll the members_of the Planning Commission for _their. decision. Paulette Weaver, -:Yes; .Louis .Rademacher - Yes; LeAnn Reid -.Yes; Lynn Brown - Yes; -Lydia Dunbar Yes; Ann Garrison -Yes; Jack Holman - Yes. Motion carried unanimously. CAS"3_NUMBER: SCH-3,:87:2. APPLICANT:. Barbara Johnson REQUEST: Substantial change hearing. LEGAL,DESCRIPTION: E} SW} of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North side of.State Highway 119 and west side of Weld County Road 3-1/2. APPEARANCE: Lavern Nelson, P.E., Pelson Engineers, represented the applicant. This is a request for a Substantial Change.Hearing. In 1983 this property was rezoned from Agricultural to Planned Unit Development. The District Court reversed this decision to return the property to agricultural primarily because there were no adequate sanitary facilities. Since that time the County has adopted a new Comprehensive Plan with allows an I-25-Mixed.Use_Development area and the property will be within the St. Vrain, Sanitation District. Tape 281 - Side 1 He discussed changes in ,the area. These changes have created a lot of new jobs and these workers now need convenient living quarters. Lee Morrison asked the members of the Planning Commission to confine their discussion the merits of whether there have been substantial changes in the facts or the law to warrant a new hearing. The Johnsons will need to put into the_record what they,£eeltheir. changes_ are.- Not everything has to change in order to hear this request again. It appears changes :to -correct what the .judge found .laokinit.would be reason for a rehearing: .This is not actually .a rehearing,'but,:an opportunity,to resubmit the application. 870422 Summary of.the Weld County'Planning Commission Meeting'' May 5, 1987 Page 19 The Chairman called for discussion from the members of the audience. There ,was none. The Chairman asked Lanell''Swanson to read._ the recommendation o£ the Department of Planning Services' .staff into the record. MOTION: Louis Rademacher moved Case Number SCH-3:87:2 for Barbara Johnson for a Substantial Change hearing 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 and the testimony heard by the members ,of the Planning Commission. Motion seconded by Lynn -Brown. _ The Chairman called for discussion from the members o£ the audience. Discussion followed concerning what constituted -a substantial change. The Chairman asked the secretary to poll the members of the Planning Commission for their decision:` Paulette Weaver - No, the only significant change she sees is the future availabiIity.of the St. Vrain Sanitation District and she is making the judgement that this is not a substantial change and does not warrant a new application. Louis Rademacher - Yes; LeAnn Reid - Yes; Lynn Brown - Yes; Lydia Dunbar - Yes; Ann Garrison - Yes; Jack Holman Yes, primarily to hear the change. He realizes there are some things here that really don`t change at all as far as some of the facts, and some of the -Planning Commission's' recommendations for denial at the time of the first hearing, but he does',want to`allow'the applicants 'a nev'hearing. Motion carried with six'voting for the motion and one voting= against the 'motion. CASE NUMBER: USA -790:87:15 - APPLICANT: Roggen Telephone Cooperative' REQUEST: A Use by Special Review permit for a Major Facility of a Public Utility. LEGAL DESCRIPTION: Part of the SE} NW} of Section 6, T2N, R67W of the 6th P.M., 'Weld County,' Colorado: Lots 2, 3, 4, and 5, Block 1, Roggen, Colorado. LOCATION: 519 Front Street, Roggen, Colorado. APPEARANCE: Elizabeth „Hyde represented the Roggen Telephone Company. They vant'to add on an office area to the building that has "been used by the phone company since 1959. This will be'a thirty-four `by`twenty-four addition. The phone company" currently employees' three people and they do not anticipate any changes. „.; 8'70422 flautist. °So, BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO TICE BOARD OF COUNTY COMMISSIONERS CASE NUMBER: SCE -3:87:2 NAME: Barbara Johnson ADDRESS: 1715 Harvard Street, Longmont, CO 80501 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the E} SW} of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado Z131:s1,i7 MAY 21987 LOCATION: Approximately 3 miles east of Longmont; north- side of State Highway 119 and the west side of Weld County Road 3-1/2 be recommended favorably to the Board of County Commissioners for the following reasons: It is the opinion of the Weld County Planning Commission that the applicant, in her letter dated March 26, 1987, has demonstrated that substantial changes in the facts and circumstances have occurred. The Weld County District Court, Division II, in Case 683 cv 668 Review of Change of Zone Case 6Z-390:83:5, has identified that...^There is no evidence in the record to reflect that adequate sewer services can be made available to serve the site." On February 24, 1986, District Court in Case 685 cv 116 approved the formation of the St. Vrain Sanitation District. The location of the proposal is located within the boundaries of the St. Vrain Sanitation District. The Board of County Commissioners, on January 13, 1987, approved a new comprehensive plan that was not available when the original Change o£ Zone 6390:83:5 was reviewed. The formationof the St. Vrain Sanitation District will be a substantial change in the proposed land -use application and the -adoption of the new Weld County Comprehensive Plan is a substantial change in the applicable provision of the law.' For Passage Louis Rademacher Leann Avid Lynn Brown Lydia' Dunbar Ann Garrison Jack Holman Against Passage, Paulette Weaver_ 8?0422 ,Ex/M/7 � 8'70422 SCR -3:87:2 Barbara Johnson Page 2 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, doherebycertify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado,adopted on May 5th, 1987, and recorded in Book No. %I of the proceedings of the said Planning Commission. Dated the 6th day of May, 1987. OrvA Bobbie Good' Secretary In'E\ICRT OF I;7wS SVPMIT-£D FOR CONSIDERATION C:ae Number _gas . v. Submitted or Prepared 1. Application Pages 2 Apnlication.piat(s) page(s)- 3 DPS Referral Summary Sheet 4 DPS Recommendation 5. DPS Surrounding Propery Caner ?;ailing List 6. BPS lateral Owners Mailing List 7 DPS Maps Prepared by Planning :ecbni'cian DI'S Notice of Rearing 9. DPS Case Summary Sheet 10. DPS Field Check 8. Prior to Rearint mtit hiso Dee 40.-- 12.40 �, 0 r S ii !/D `.s+'e* raPlereAC rXq!i13.effice,,01n tef /eil SUp�/�.�v1 Imo- 14.' 00 item �{PKP A�/A/P scle {� lea/ 1— A074.E47 li- 7-T7 15. Lehr ISM 10.0fr nefrettealle air D9#1.0 giti Pt M r7 16. Lppt�Y eifoin lit Vet Ask iair A lgo �l'�i nr, � 17 18169,01 flaw r`%vPmtern/Dis/halait"'/ v a l3 M r, , n l* 10401.444#-S✓/ Y 19. Alt- t - 0 0302 aft -7 6v 20- uwsaMAlktr fl it/ L` At HearinE I hereby certify that the`4 items identified herein were submitted to the Department of Planning Servi es at or prior to the scheduled Planning Commission- hearing. I further_ certify that these items wete forwarded to the Clerk to the. Board's office on jp!� Q� 19417_. 870422 .v7 CO`?1ISSION EY.PZRFS '`� C=issicn Expire FcS. 1=. 1989 EXHIBIT INVENTORY CONTROL SHEET Case l','��1 Exhibit SIbmitted By Exhibit Description #11 )4,a, ,Wawt <1-7we4z-eyile. 71%B. T C. alyzern� t y,44cd .err' t�rn�naii� �/1Zio/trm� E. as Wes, 0. 9): 44l# F. G. L 8'70422 Date: \Mr CnRelk ra CASE NUMBER: SCH-3:87:2 NAME: Barbara Johnson ADDRESS: 1715 Harvard Street, Longmont, CO 80501 REQUEST: Substantial Change ,Hearing in= ..r-._.-�- 7Fr.AT DESCRIPTION: 'Part of the E} SW} of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 3 miles east of Longmont; north side of State Highway 119 and the west side of Weld County Road 3-1/2 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services' staff that the applicant, in her letter dated March 26, 1987, has demonstrated that substantial changes in the facts and circumstances have occurred. The Weld County District Court, Division II, in Case #83 cv 668 Review of Change of Zone Case #Z-390:83:5, has identified that..."There is no evidence in the record to reflect that adequate sewer services can be made available to serve the site." On February 24, 1986, District Court in Case #85 cv 116, approved the formation of the St. Vrain Sanitation District. The location of the proposal is located within the boundaries of the St. Vrain Sanitation District. The Board of County Commissioners, on January 13, 1987, approved a new comprehensive plan that vas not available when the original Change of Zone #390:83:5 was reviewed. The formation of the St.. Vrain Sanitation District will be a substantial change in the proposed, land -use application and the adoption of the new Weld, County Comprehensive. Plan is a -substantial change in the applicable provision.of,-the law. 8'70422 LAND -USE APPLICATION SUMMARY SHEET Date: April 28, 1987 CASE NUMBER: SCR --3:87:2 NAME: Barbara Johnson ADDRESS: 1715 Harvard Street, Longmont, CO 80501 REQUEST: Substantial change hearing. LEGAL DESCRIPTION: Part of the E} SW} of Section 5, T2N, R64W of the 6th P.M., Weld County, Colorado. LOCATION; Approximately 3 miles east of Longmont, north side of Highway 119, and west of Weld County Road 31. SIZE OF PARCEL: 80 Acres t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant is requesting to submit a new Land -Use application on this property. The original application (2-429:86:4) request for a change of zone from A (Agricultural) to P.U.D. (Planned Unit Development), R-5 (mobile home residential) was considered by the Planning Commission on June 20, 1983. The Board of _County Commissioners considered this request on August 24, 1983, and approved the request. District Court, Division Ill, on April 20, 1984, in Case A83:CV:668, reinstated the zoning of the property to A (Agricultural). The Planning Commission will consider whether the applicant has demonstrated that a substantial change in the .facts of circumstances have occurred subsequent to the District _Court action or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission will forward a written recommendation o£ its findings to the Board of County Commissioners. Attached are copies of the applicant's letter requesting permission to file a new Land -Use Application: and a copy of the criteria for the Substantial , Change Hearing. 8'70422 COLORADO DEPARip-NT OF PLANNING SEFIVICES PHONE (303) 3%4000 EXT.4400 91510th STREET GREELEY, COLORAO0:80631 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Hay 5, 1987, at 1:30 p.m, to review a request for approval of a substantial change hearing on former Case Number Z-_390_8=',.:5 Five Villages Planned Unit Development„from Barbara Johnson the parcel o£ land is described as the Ei SW} of Section 5, TIN, R68W of the 6th P.M., Weld County, Colorado, containing 80 acres, more or less. The property is located north of State Highway 119 and west of Weld County Road 3-1;2. The public hearing to be held by the Feld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado.Comments or objections related to the above request should be submitted in writing to. the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on Nay 5, 1987.. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, -Weld County Centennial Center, 915 Tenth Street, .Greeley, Colorado,- -:-Phone - 356-4000,, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze . To be published one (1) time by.April 24, 1987 Received by: Date: 8'70422 • I; •i �r) �. .aa . .%• TTt ' / t Sanborn- \ • ` / .. . i \ = x59. / l4�8j • `Kirkland \ 1':yr• ......,+^ - I. , � - - d, ' ` CALKINS LAKE ° j .\.<9» / / y; \.\ -i3} (UNION RE ERVOIR) -3 • f - a • 1 / .` 1 ,....1 7-..... �/•I i tr q- WESTERN `�� _ '-�-1 u 1. --h— ; / / ., 0 n \. ../ f „ i .w •/ 1 ♦�.. \�:�� . Midwest i 492i •'+4�f to \Z— /1 - -��_-,�� .. :1T ,.�Q�^M�. .. .--.Z..►11�ID^ 1 . - j Y' OL. 1 ___ . r —r ??"---- �� 870422 ` . T G ajo I ' •'.t ! V 'N Y Y4 ti J fLu.' s./'• 1 1J' �rY `� S Y -,S v.:.-, ! ry.Y .SK'as ✓• y-. x � a,��"�'x �r''3�„�,•t9t� c �'�r yr �.a' s�` J" 4 $ u gay r r 'rar t J V 4• 1. �r - �. 1 i rM 'yam . ` .Jc �i/emu- K .' c i4 r rycr ( -i.r"—asp- YS r'c+ _sue- � 'I�� - ' n lc.' a or c �^t. `Y 'Y. a` Yr v it` t f a r Y 5 ,, er J . 4 'M.e '.R t^'JJ ......1-: ttssirI ,�. }, aT .!",stotot ,.rw.n^ .f f � -: �'•:r. U9 Y -V- !.. _ J{'.f'tir 1K iii C_ it 34.5 ''"., '..._,r ! -2 _. « �t li crs,JIS `',�..*�/" `^--w" .+lie'✓"'.` vr..sb-...... r'Z-: 'V •Cli •<[ a.iii •Jr _ 4 ,sy f I" -, '2 c • : { 4 .1' l r.7'< -e`.'+S,'�' • LT- ( s. MM a iQ{ Y r tdI`r 4V :::.; J%r: ' a♦ ` N` `\ '�f M ^ KIT:F J! •r 1 *s-,� � S [ c ' t Z• ;aay; � o r,-'r� Q t Y ems.. K X' .A tit : { •.+—...«,r.: ., OSIYet OMj+4 1 4 14 • S..^ ♦ t4 w S.:fi J. b. • T v C ^,,per \ t 1t\ t �+>d . r t.'�= : ..'*y3Pry'°�'r,R TY iii' ?a>!� 1.-t"1-'Re-ii �{(f.„, .r.:. 47.sict 7r 3 'r t_14. • -1 J:• r„ 91 y3 t vai Y " oy[(l a, J15C µ;,_ Y5 � yl. •O, ..L•, .5� T l R" � tF, /i .. V. ti 2O-,/,'t� y�[ i{ �i.. IK`, :1 '.- . r, fryi a f' ,- --':3i'/s vr.,` <>' -! . a'�`•�7•te � is •rt 5$4et " - .4,f k? , "i - I [„rj 3 • it k r I r n g w -> y < - t r • r ice.?'. ..%ua ,. r'..r ?-.ru -v, v �L 1 .r +'a _it..IN : Sr Q' yC Y Tr.^ iT2.1 — 7 '. - t- y ... ,., ..+e R / JJ ♦rJ: _ a0S ^ -t--F- -.�:! , ,,- t -w Spa a c\ r • Barbara J. Johnson 1715 Harvard Street Longmont, Colorado 80501 March 26, 1987 Charles Cunliffe, Director 'Department of Planning Services - Weld County Services Building 915 Tenth Street Greeley, Colorado 80631 Re: Request for a substantial change hearing on a Parcel of land described as the E 1/2 O£ the SW 1/4 Section 5, Township Ir North, Range 68 West of the 6th P.M., former CaseCNo. S-256:86:1 Five Villages P.U.D. Dear Mr. Cunliffe: I, Barbara J. Johnson, hereby request a hearing to allow the filing of a land use application for a P.U.D. for mobile home park use on the subject property. This parcel was Previously submitted to weld County in March, 1983 for rezcning from agricultural to P.CT.D. The Board of Commissioners of Weld County approved the re- zoning request at that time. Upon contest of that decision, the issue was heard in District Court_ In 1984, the District Court, by decision of Judge John Althoff, reversed the decision of the Board of Commissioners and ordered the zoning of the subject property be reinstated to agricultural. This District Court action was based primarily, as we understand, on the following three conditions: 1. .Adequate sanitary sewer service was not available to the subject site. 2. Changing conditions in the area were not sufficient to warrant_a zone change. 3. A zone change would not be compatible with surrounding land uses. Since the filing and hearing of the 1983 application and the District Court decision ,_of '1984, there have been significant changes affecting the subject _property and the surrounding area. These nrincinal changes are as follower: 8'70422 8'70422 Charles Cunliffe, Director Department o£ Planning Services Weld County Services Building March 26, 1987 Page Two 1. A new comprehensive plan has been adopted by Weld County on January 13, 1987, which among other matters, designates certain areas as 1-25 Mixed Use Development Area. The subject parcel is included in that M.U.D. area and is designated as Mobile Home (MH). 2. The St. Vrain Sanitation District, created to provide public sewage collection and treatment facilities for properties within its boundaries and service area, has been formed and has, by election of its electors authorized the expenditure of up to $4,750,000 through issuance o£ bonds therefore. The subject property is included with- in the initial boundaries of the District. As of this writing, the District is calling for construction bids for the designed collection sewers, and the site for the sewage treatment plant has been approved by the Colorado Department of Health. The subject site will have avail- able operational public sewerage facilities prior to the time construction of the mobile home nark can be completed and ready for occupancy. 3. There are changing condition: in the area due to rezoning of a parcel of land adjoining the subject property on the southeast. That parcel known as the Baldridge-Richardson tract has recently been rezoned to P.U.D. for commercial and industrial uses. There are other rezoning requests pending or in the process within the M.U.D. area. 4. In addition to changes adjacent to the subject site that are in conformance with the changed Weld County Compre- hensive Plan, substantial changes have and are occuring within the DelCaminoarea itself near the intersection of I-25 and Colorado Highway 119. The major changes that have taken place since the zoning request of 1983 are as follows: a. Approval of the "New Creation Church Ministries". b. A new major Texaco auto and truck service facility with a convenience store. c. Anew McDonalds food outlet. d. A new -Super 8 Motel. e. Amew "Burger King food outlet. f. A new turck',washing facility (pending),.. A new Waffle House and Taco Bell food outlets (Pending). Charles Cunliffe, Director Department of Planning Services Weld County Services Building March 26, 1987 Page Three 5. The newly adopted Weld County Comprehensive Plan provides a conceptual land use plan for the I-25 Mixed Use Develop- ment Area, which encompasses the subject property site. That conceptual plan suggests allowing zone changes in the immediate vicinity of the subject site, since the I-25 M.U.D. area is subject to significant growth and development. With the development of the new sanitary sewerage system, all basic infrastructure is in place. The numerous new outlets, commercial and otherwise, in the I-25 M.U.D. area create many new jobs and a resultant need for living quarters that are convenient to the Del Camino area. The subject site can help to satisfy that need. I believe that the changes described herein and the creation of the sewerage system by the St. Vrain Sanitation District justify a rehearing of this zoning matter. Please inform me of your action regarding this request as soon as possible. Be assured that my re- presentatives and I are available to meet with ,you to answer questions. Respectfully, Barbara J. Johnson BJJ/gc cc: Richard N. Lyons, Grant, Bernard s Lyons Lavern -'C. Nelson, Nelson Engineers MAR 301967 Weld et PS* 870422 APPLICATIONS FOR LAND -USE FOR PROPERTY PREVIOUSLY DENIED 1. Neither an applicant nor his successors in interest in property for which a land -use application was denied within the preceding five (5) years may submit a land -use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land -use application, in the surrounding land -uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land -use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing; before the Planning Commission or the Board of County Commissioners. Land -use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The Planning Commission shall consider the rehearing. petition only if it considered the original land -use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with' diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the Planning Commission hearing. 5. Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred (500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar notice shall also be provided any agency, body, or group who received a referral request from the Department of Planning services on the original application. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral. owners and lessees, and referral agencies identified in 4 and 5 have been completed_ The legal notice and notification shall be done at least ten (10) days prior to the Board's hearing. 6 870422 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence not available to the applicant at the time the Board considered the application. The Board may deny the petition solely upon the contents of the petition or when deemed advisable by the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings, written related information, and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition, the applicant may file a new application with the Department of Planning Services. .The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9. No petition for rehearing may be granted where the decision of the Board of County Commissioners on a land -use application has been appealed or contested in any court of law, during the pendency o£ the court action; 7 870422 REFERRAL LIST APPLICANT: Barbara J. Johnson CASE NUMBER: SCH-3:87:2 SENT REFERRALS OUT: April I, 1987 County Attorney X Weld County Health Dept. X Engineering Department. % Colorado Geological Survey 1313 Sherman Street " Room 715 Denver, CO 80203 Left Hand Water Supply P.O. Box D Niwot, CO 80544 Union Reservoir Company P.O. Boa 449 Greeley, CO 80632 REFERRALS TO BE RECEIVED BY: April 17, 1987 Longmont -Planning Department Attn: Brian Miller. Civic Center Complex Longmont, CO 80501 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Colorado Department of Health Water Quality Control Division 4210 East -lath -Avenue Denver, CO 80220 X- Colorado Division of Wildlife Attn: Larry Rogatad 1528 28th Avenue Court Greeley, CO 80631' % Longmont Fire Protection District Attn: Bill Emerson, Fire Marshal 9119 County Line, Road Longmont, CO ;80501 - NO -No Objection SR�Specific Recommendations NR�No Response % Longmont Soil Conservation District P.O. ,Box D Longmont, -CO 80501 X St: Vrain School District RE1J 395- South Pratt Parkway -Longmont, CO 80501 % Louis Rademacher P.C. Member 13184 Weld County Road 13 Longmont, CO 80501 870422 COLORADO April 1, 1987 RECEIVED SANITATION DiV)SioN APR 03 1987 SID MIN HAM DEPT. DEPAR+ENT OF PLANNING SERVICES PHONE(303) 356.4000 EXT. 4400 97510th STREET GREH$Y, COLORADO 80631 CASE NTMBER-SCR-3:87:2 TO WHOM IT MAY CONCERN: Enclosed is an application from Barbara J. Johnson for a substantial change hearing on Case Number 2-390:83:5 Five Villages Planned Unit Development. The parcel of land is described as the E} SW} of Section 5, TIN, RUM of the • 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been.submitted is north o£ State Highway 119 and west of Weld County Road 3-1/2. Thisapplicationis submitted to your office for review and recommendations. Any comments or recommendations 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 recommendations. Please reply by April 17, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for yotr 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. 2. We do not have a Comprehensive Plan, but we'feel this request (is/is not) compatible with the interests of onr town for the following reasons: 3. y We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will -be- submitted to you prior to. 5 Plea a refer to the enclosed letter. Signed: Mho 4 Agency_ Date: 'E — 8"--7 AR-P7A1 �CVJ Vidd CO. Moog tans= 8'70422 April 1, 1987 DEPAR.ENT OF PLANNING SERVICES PRONE (303) 3564000 Ea_ 4400. 91510th si tt' GREELEY. COLORADO 80631.:. TO WHOM IT MAY CONCERN: Enclosed is an application from Barbara S. Johnson for a substantial change hearing on Case Number 2-390:83:5 Five Villages Planned Unit Development. The parcel of land is described as the E} SW} of Section 5, T1N, P68W 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 State Highway 119 and west of Weld County Road 3-1/2. This application is submitted to your office for review and recommendations. Any comments or recommendations 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 recommendations. Please reply by April 17, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett 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. 2. We do not have a Comprehensive Plan, but we feel this request (is/is rot) compatible with the interests of our town for the following reasons: x We have reviewed the proposal and find no conflicts with our interests. A formal recommendation is finder consideration and will be submitted to you prior to: refer to the enclosed letter. - Signed: Oslo-lio _Agency: L=14nr. f .., v 1 V Date: a-16'07 870422 Roy R. Romer GOVERNOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING -1373 SHERMAN STREET DENVEFL COLORADO 802()3 PHONE (303) 866-2611 April 23, 1987 WE -87-0021 JOHN VLPOLD DIRECTOR Mr. Keith Schwett Dept. of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Schwett: RE: CASE N0. SCH-3:87:2 FIVE VILLAGES PLANNED UNIT DEVELOPMENT E2, SW4, 55, T2N, R68W Geologic conditions at this site appears from information on file and our knowledge of the area to be suitable for most types of development. The only conditions that could affect construction is possible swelling soils, and possible `nigh ground water levels influenced by Union Reservoir, Oligarchy ditch and/or other local irrigation ditches. This site is not underlain by any sand and/or gravel resource as recorded by previous Colorado Geological Survey work. Radon gas could be a possible problem. We recommend that a gamma survey be carried out. If this survey does not indicate any "hot spots" but normal background, then possible radon'infiltration should -be handled at the design and construction stage: If you have any questions, please call. Sincerely, ; L. R. Ladwig, Chief Minerals Fuels Section" bjj:LRL-87-172 3410/16 GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE APR 271987 Weft to- gololia2 etzlos as 8'70422 l ii ■ e COLORADO. April 1, 1987 ro 73 Co co CO v TO WHOM IT MAY CONCERN: DEPASENT OF PLANNING SERVICES PHONE (303) 3564000 OCT. 4400 915 lath STREET GREELEY. COLORADO 80631 CASE NDMBER SCH-3:87:2 Enclosed is an application from Barbara J. Johnson for a substantial change hearing on Case Number Z-390:83:5 Five ,Villages Planned Unit Development. The parcel of land is described as the E} SW} of Section S, TIN, P.68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north o£ State Highway 119 and west of Weld County Road 3-1/2. This application is submitted to your office for review and recommendations. Any comments or recommendations 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 recommendations. Please reply by April 17, 1987, so that we may give full consideration to your recommendation. cease call Keith Schuett-if.you,have any questions about this referral. Thank you for your help and cooperation is this matter. Check the appropriate boxes below and return to our address listed above. 2. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a.Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. f A formal recommendation is under consideration and will be submitted to you prior to: p„4e. htr No ..deat;Y4 �xR✓ice4 AUCUL*61e no„! 4W.W %C, 4A ant) 4 s..e.t3S?�TAC L/wc urLla. S. Please refer to the enclosed letter. peeve, Signed: Date: -1sc.••• 7/ 9'7 Agency: yGt! S,G 870422 �S • ?,,,70 }-4a3N�K DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION Civic Center Complex / Longmont, CO 80501 (303) 651-8330 April 14, 1987 Mr. Keith Schuett. Weld County Planning Department 915 10th Street, Room 34?_ Greeley, CO 80631 RE: FIVE VILLAGES PUD SUBSTANTIAL CHANGE HEARING Dear Mr. Schuett: As you are aware, the City of Longmont commented upon the previous application for the rezoning of this property and was a plaintiff in the suit which overturned the rezoning. We raised several important issues at that time, some of them having been resolved. However, we still have the following concerns: 1) Although this property is included in the I-25 Mixed Use Development Area, as designated on the Weld County Comprehersire Plan, we believe that the rezoning and development of this project is premature. The actual development activity that has occurred in the vicinity has been concentrated around the SH119 intersection of I-26, which is over two mils away. Leapfrog development at the subject property could be detrimental to the development concentrated at the intersection, as well as the City of Longmont, and require the inefficient provision of services. 2) We have commented previously about our concern for the character of SH119, from the perspective of both its traffic carrying characteristics and its aesthetics as a principal entrance into our community. Our concern is that this project will adversely impact the highway from both of these perspectives. 3) As with the Bay Shores proposal, much of this proposed project is below the Union Reservoir dam. Development for residential purposes would change the rating of the dam to high hazard status, which would greatly increase the standards of maintenance. It could also increase liability 8'70422 Weld co_ PlatmieR cammicvau b Mr. Keith Schuett April 14, 1987 Page 2 to the owners of the dam, the developers, and the County. Most impor- tantly, however, is that residential -;development as envisioned would put many lives at risk. We respectfully urge Weld County to consider these concerns. the opportunity to provide this input. Sincerely,. /�� 474- Bria�ller, AICP BJM/kmh #2050-9 Thank you for 870422 DIVISION OF HIGHWAYS P.O.Box e5o Greeley. Colorado 80632-0&50 .(303).353-1232 April 15, 1987 Mr. Keith Schuett - Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: STATE OF COLORADO Weld Co., S.H. 119' Johnson Change Hearing File: Five Villages'. PUD NW Cor. C.R. 31 and SH 11 DOH File 45100 We have reviewed the application from Barbara Johnson for a substantial change hearing for Five Villages P.U.D., and we have no objections to this request. However, we would like to reemphasize our previous concern about the traffic impact of this development and Bay Shores P.U.D. on the State Highway 119/County Road 31/2 intersection. Construction of these developments would have a significant impact on this intersection. Turn lanes on S.H. 119 and potentially, a traffic signal would be warranted by either of these developments. Since a traffic impact study is to be provided in conjunction with the Bay Shores P.U.D. re -application request, the projected impact of Five Villages P.U.D. should also be identified, preferably through a combined trafffic study. A joint traffic study should lead to an equit,.able plans for these developments to share the cost of improving this intersection. Please refer future plans for this development to us as they become available so that we can address other issues of concern in relation to S.H. 119. Contact Wally Jacobson if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRICT ENGIN John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier -Jacobson via Chotvacs 0,53 ti G'J APR 2 01987 t 8704'2'2 Weld Co- manning Cnmsisstoa DEPAROENT OF PLANNING SERVICES wHONE DaP 356-x000 Ext b00D 915101h STREET GREELEY, CoiORAD0 80632 CASE NUMBER. SCE -3:87:2 Enclosed is an application from Barbara J. Johnson for a substantial change hearing on Case Number Z-390:83:5 Five Villages Planned Unit Development. The parcel of land is described as the E} SW} of Section 5, T1N, F.68W 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 State Highway 119 and west of Weld County Road 3-1/2. This application is submitted to your office for review and recommendations. Any dents or recommendations you consider reledant to this request would be ap},teciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration o£ your recommendations. Please reply by April 17, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have anyquestions 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. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this c� request (is/is not) compatible with the interests or of our town for the following reasons: V �L l7 Vj 3. We have reviewed the proposal and find no conflicts with our interests. - 4. A formal -recommendation is under consideration and will be submitted to -you prior to: Signed:` Date: 1 Please refer to the enclosed letter. Agency: c)1.1. Qc W` 1\A •t 870422 4I LONSMC T FIRE' PROTECTION DISTRICT April 1, 1987 DEPAfIDENT OF PLANNING SERVICES PHONE (307) 356-4000 £X7.4400 91810th STREET GREELEY,COLORAOO 60631 CASE NUMBER SCH-3:87:2 TO WHOM IT MAY CONCERN: Enclosed is an application from Barbara J. Johnson for a substantial change hearing on Case Number 2-390:83:5 Five Villages Planned Unit Development. The parcel of land is described as the E} SW* of Section 5, TIN, F.68W of the 6th P.M., Weld County, Colorado. The location of the parcel o£ land for which this application has been submitted is north of State Highway 119 and west of Weld County Road 3-1/2. This application is submitted to your office for reviaw and recommendations. Any comments or recommendations 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 recommendations. Please reply by April 17, 1987, so that we may give full consideration to your recommendation, Please call Keith Schuett 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. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasonst 3.XxX We have reviewed the proposal and find no conflicts with our interests -However the PUD shall meet the requirements of NFPA Standard 501A — 1982 Ed ^Fire Safety Criteria for MOBILE HOME INSTALLATIONS, SITES and COMMUNITIES. 4. A formal recommendation is under consideration and will be submitted :to you prior to Please refer to the enclosed letter. signed: .111'11 Agency: Longmont Fire Protection District William R. Emerson - Fire Marshal Date: 13 April 1987 8'70422 a Longmont Soil Conservation District 9595 Nelson Road, Box D - iongmont, Colorado 80507 April 16, 1987 Mr. Keith Schuett Weld.County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Keith: The soils on this parcel are considered to be prime agricultural land of national importance. When used for development, the limitations are severe if septic tanks are used due to slow percolation rates, and some soils have moderate limitations due to seepage or slope if used for sewage lagoon areas. These soils also have moderate to severe limitations due to a high shrink —swell potential and low strength. If _development occurs on this property, an Erosion and Sediment Control Plan should be submitted. These soils are subject to severe wind and water erosion if not properly protected. Offsite damage due to wind blown soil is possible. Sincerely, CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT 8'70422 FIELD CHECK FILING NUMBER: SCE -3:87:2 NAME: Barbara Johnson DATE OF INSPECTION: 7 -.IT REQUEST: Substantial Change Hearing Z-390:85:5 LEGAL DESCRIPTION: Fag SW'Z of Section 5, TIN, R68W of the 6th P.M., Weld County, Colorado LAND USE: N .ate.. -244".-7 E _ tt t r -6( G( C• c ZONING: 'LOCATION: North of State -Highway 119 and west of Weld County Road 3-1/2 COMMENTS: artAacaca APR 91987 Weld Co. Pinnies gelegiuioa 870422 COLORADO; DEPARIIIENT OF PLANNING SERVICES PHONE. (303) 3564000 EXT_ 4400 91510th STREET GREELEY, COLORADO 80631 CASE NUMBER SCH-3:87:2 April 1,'1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Barbara J. Johnson for a substantial change hearing on Case Number Z-390:83:5 Five Villages Planned Unit Development. The parcel of land is described as the E} SW} of Section 5, TO, 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 State Highway 119 znd west of Weld County Road 3-1/2. This application is submitted to your office for review and recommendations. Any comments or recommendations 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 recommendations. Pleasereply by April 17, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett 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. C---" We have reviewed this request and find that the request (does/deer- not) comply with our omprchensive Plan for 'she following rreasens. �,,, 'Le jam]` {J�[(6�4�� 7�.�+r,I u, xY GX � ��tri— l.!L �,,,A .U.n. ...i.4 t �.�.,,.ry r. '--zttP..�u-e.2 1J 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you, prior to: 5. Please refer to the enclosed letter. SignedSgency: Date: c— 7— g 7 tt1 z a,„ 8"10422 SURROUNDING PROPERTY OWNERS: SCR -3:87:2 Barbra ;Johnson .Barbra J..Johnson 6170 West 24th Street Greeley, CO -80631 JRC-Limited , 12393rd Avenue Longmont, CO 80501 CRS Investment, Incorporated 1333 West 120th Avenue Denver, CO 80234 George I. and Sumiye Mayeda John Y. and Betty Mayeda 10702 Weld County Road 1 Longmont, CO 80501 Betty Jo Secor and C.P. Richardson 13113 Mountain View Avenue Longmont, CO 80501 870422 2 t W in > O e4 t` u. t_ _ U m II.: LL O C T L. O hi W rr U a o use" .; c 0 S W .T T X W 7 O ,-7 O AO W - W 2 0 d z W U rtJ tt t n D 2 ▪ LL k U O S W. _ ri; r9 O"' to H z a :J o:'or•'s>o'. L' c o ST r G O4 v] F :5 (0 O U x X - O F-; k as 3 W O H S'R Y _, W cr Q ce s i o N. w K V) IQ ;_ It 7_ : 0 ti ; U W ▪ an cr G j H CC i o VI o C U _ CO 8 O p y O n 4] C — � h O E cn } F; O 7 O O cG >e i-Utssae: ,J -m h'S'n * 8'70422 .8bNDiR: CompNto Item t end 2 when Sal*" "'Wkeaa.edalewt end camplete hams 3 and 4. . Att Yetttaddlialu1M RETURN TOn olltOn the ravens elde. Fdlute todof114wN1 Pier nt riaa;., veld Abnt you' t UNION RESERVOIR COMPANY YO BOX 449 GREELEY, CO 80632 8,8 • 7.Oete th'"nr ' FS;Form 3411, Feb. 1986:' DOMESTIC RETURN RSCEIFT .when addsiipyl setvkesan, ' to ilNtN Tfi<';tRun the tIran,pdR,P % WrM[eyty � « .._ ete tems agora t3 VEY a • i4ND4Rt Cormiete (nine load : when eddlttones.eendom4A;daGed..nd complete tamat and 4. Put,yow• r. - tt the-R@7l)RN TO" sot on tM-reretee,{ilde..POMO to do'tMe 1111 pronto Mit to BARBARA JOHNSON 1715 HARVARD STREET LONGMONT, CO 80501 LEI f - N 0 T _a O t F U u 3z W Z O 0 �'n FO TKO 0 *9 cd W w O W� CLzp W H c4 o O =y'C :Fr.JFU _ z a o C) o F zFC‘� C), J > E H a F S q tr) 2n C- p n _ 8 .4 W 0� way xxz ru ="'� wz>o 00¢ csi N Cr CC U: trj= E = 0. F W ti F O O 0 C • o' W pc - • pc w O W O > o CN1 O 3 v q = s'n a rn Lit Cr- 11.1 U a f 0 111 0 �- -_ p,. �n za�0 LL H H O 00 v' zz� ,,, F z w tE 6 F z P.1 CC Q W M w .o Ll FP w ac G C c O H q ezr N w w a FoCc: ¢ N W Fz rn�U i sn• 370422 S SENDER: Cping,ta hems 7 and 2 .when addtionv awican dtdred,aad emrotttt St titantli. 'p!KYOURiddralttthe"R ntAti TD"ailianSM'nV,wMafiEYrkto do;ll�h w4l1YM11S:}bh,.': LONGMONT FIRE PROTECTION DIS ATTN: BILL EMERSON 9119 COUNTY LINE ROAD LONGMONT, CO 80501 PSRenea pa,b.19t6? COLORADO DEPT. OF HEALTH WATER QUALITY CONTROL DIV. 4210 EAST 11TH AVENUE DENVER, CO 80220 STATE HIGHWAY DEPARTMENT 1420 2ND STREET GREELEY, CO 80631 LONGMONT PLANNING DEPARTMENT ATTN: BRIAN MILLER CIVIC CENTER COMPLEX LONGMONT, CO 80501 l g: OGICC faT4etllWetIPT tEint> �#QfctJ R6D 11:- Adamants dd,..t(9NLY A>f 5/15/87 COPY OF NOTICE MAILED FIRST CLASSTO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0= BOX 758 GREELEY, COLORADO 80632 LaVERN-NELSON NELSON ENGINEERS 520 GREELEY NATIONAL BANK PLAZA GREELEY, CO 80631' 8'70422 T G Le; i r- c W w ru z" o o rW_ in rr -ya o w W W a o C 0:='Z ri = -. WO m 1 w 0 ¢ -_ - F LL z i%z - - en 0 �0, CD 0 CO Z Y N O ^> - , ... J_ Q f M1 t rr T M Q O rLn COd V o C O U t] q Biz �vo x nz o ono 0 0 U C 6 N q¢W0 0 o E co off6d ti P. U N¢ Z y' 00 > Cta N to t-4 0 O v ,a —_ r , a E.A' 1 � o S - Z co Z 0 0 0 -1 P. ,-J o -n s ..n • • 870422 8E14O1111t-,ComPUtatimli and 2 when addhtonwt"Mtn are dMlr44,and camping tams 2 ma 4; PM"? „s,,y. Irv1M"RETURN TQ" $414•4nttu gm44444.'ration mdo:MkwlH 4444•041M4 SRC LIMITED 1239 3RD AVENUE LONGMONT, CO 80501 LOUIS RADEMACHER 13184 WELD COUNTY ROAD 13 LONGMONT, CO 80501 Daw.oT DNMrY . PS Form atilt Feb. 1986 �yr�,✓ ST. VRAIN SCHOOL DISTRICT 395 SOUTH PRATT PARKWAY LONGMONT, CO 80501 1.ONGMONT SOIL C0NSERVOAST PO BOX D r" LONGMONT, CO80501 s r n; 0 ca - rn T a W z w 6 GCi7 0 H L/1 z> O 0 y H ��cC0 y¢2z O V O H • o E . V F a, --1 z W . M O L7 U .-, .. 6 Llcza >+ -qq C d ra4.1 H O Z CO �a tom+ cn mom o b w a O �; a� z • r 0 zzo0 0 N 2 w 00 0 W • Z Z� H Q v M Eix N Z0 CO W N F O W F U W Z 2 w z 3 a H W N en • 7 M' el W sn• E~ W v W 0 c� � E o Z c0 C>= F • N 7 g3W PQ 0 w` �y F w A:1 VS' U _y 96L-Vas7uo, ve J''S.O� • 870422 SIMDARc'tAnWN,n 1t9Tt t 0,c Z **itiddltlonel arrvka M+414Mnd, and oom4lw ctrru4•ne4..' Put vouiWdpaln.ths-"Ret'URNTOn .. on thetee/nr�tld�;F.Npn no.do,tM1k vdp �w«a tl�$' .Ik16'} 5iroh* BETTY JO SECOR C.P. RICHARDSON ' 13113 MOUNTS VIEW AVENUE LONGMONT, CO 80501 GEORGE I. & SUMIYE"MAYEDA JQWN Y. & BETTY MAYEDA 10702 WELD COUNTY ROAD 1 LONGMONT, CO 80501 ' CRS INVESTMENT, INC. 1333 WEST 120TH AVENUE DENVER, CO 80234 BARBRA J. JOHNSON 6170 W: --24TH STREET GREELEY, CO 80634 H ^104 tn0tMn*MuAofaddia r +wntnndgATEOWYgetg- $ Auld nw✓rAddrws (ONLY ft nawetedend e*paW1 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 33 BETWEEN WELD COUNTY ROADS 70 AND 72 FOR APPROXIMATELY FIVE WORKING DAYS FOR REPAIR O£ BRIDGE 33/70A 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 Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 33 between Weld County Roads 70 and 72 be temporarily closed, with said closure being effective May 26, 1987, for approximately ._five working days, and further, that standard .official traffic control devices shall be erected At said closure giving notice of the restrictions. gb c v 35 m 870420 Page 2 RE: TEMPORARY CLOSURE - WCR 33 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., nunc pro tunc May 26, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk. -to the Board By: UJU✓ Deputy County Clerk APPROVED AS TO FORM: l� an 1� ^ County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY_ ORADO Gor Kirby, Pr - Tem r aoft Gene R. Brantner EXCUSED e Johnyl�8n Frank Yamaguchi 870420 ;_ . o o d Ctose Ait"`� �d w/Af;ot•.i rin l,er- fos-f-1 Wc7 i 1-yot.T Win, r,cccle c• a YLv:" r?C: LL,iM MICR 70 p i;bea IDac ?read Closed sin �£7 For bl: dye repo; /- C33/7024) 1'or opprox;rro-Iel j 5- 4.00rik-%‘,Q dB yS TITLE Pod Clas-uve wcz 33 O+ wc% 70 a( t.,c-7, SURVEY BY DATE DRAWN BY hi -CA rC- DATE = E7 CHECKED BY DATE APPROVED BY COUNTY ENGINEER COUNTY ROAD No.33 WELD COUNTY DEPARTMENT CF ENGINEERING FORm t6 rr,wnl-x-� 870420 MEMORAnDUM Clerk to the Board May 29, 1987,E To Data George Goodell, Director of Road & Bridge From Board Agenda item - Road Closure Subject' Please place this road closure on the Board's agenda for considertaion. Weld. County -Road 33 was closed May 26, 1987 to traffic for the repair of of Bridge 33/70A. The road was closed for approximately five working days. Attached is a drawing showing the detour route used and placement of signs. Weld County Dispatch, Sheriff's office and School District were notified. 870420 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 72 BETWEEN WELD COUNTY ROADS 39 AND 41 FOR APPROXIMATELY TWO WORKING DAYS FOR REPAIR OF CULVERT 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 Section 42--4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting o£ such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 72 between Weld -County Roads 39 and 41 be temporarily closed, with said closure being effective May 26, 1987, for approximately two - working days, and further, that .Standard official trafficcontroll. devices shall be erected atsaidclosure.'. giving notice of the restrictions: �V r &o v 870419 Page 2 RE: TEMPORARY CLOSURE - WCR 72 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., nunc pro tune May 26, A.D., 1987. ATTEST: Weld County Clerk and --Recorder and clerk to the.Board By: APPROVED AS TO FORM: l County Attorney BOARD OF COUNTY COMMISSIONERS WELD CO,N _ rLO O tile �Brant�w— Gene R EXCUSED Frank Yamaguchi 870419 4c+ rte; -k�Y _rte,.. i g •Tatra �z +jypF41_1 borne -a Lc, I l Y'. ' ` 1.: '' 0-4 vv✓ c,t/crz Oaci alOseci 5 I2GIS 7 Ccr Culu-e,--i" repo; r- 1-0 r Opp! ox�ot^ale y o? Weir �.,g • .�ys 'TITLERoQr1 Close ("JCR 7.7 cf wck 39 d Gocg 4!l - SURVEY BY DATE OjtAWN By PI DATE N �7 CHECKED BY DATE COUNTY ROAD NO. 707 APPROVED BY COUNTY ENGINEER WELD COUNTY DEPARTMENT OF ENGINEERING FORM i6 870419 mEmoRAnDum To From Clerk to the Board May 29, 1987 Orte -^ George Goodell, Director of Road & Bridge Board Agenda item -.Road Closure Sub1Kt• Please place this road clesure cn the Board's agenda for considertaion. Weld County Road 72 was closed May 26, 1987 to traffic for the repair of a culvert. The road was closed for approximately two working days. Attached is of.signs. Weld County notified. a drawing- :showing the detour route used and placement Dispatch, Sheriff's office and School District were The road was opened on May 28, 1987. GG/bf En 870419 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 26 BETWEEN WELD COUNTY ROADS 19 AND 211 FOR APPROXIMATELY FIFTEEN WORKING DAYS FOR REPLACEMENT OF BRIDGE 26/21A 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 Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to throughtraffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board o£ County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn. and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of. Weld County, Colorado, does declare and establish that Weld County. Road 26 between Weld County Roads 19 and 211/2 be temporarily closed, with said closure being effective May_ 26, 1987, for approximately fifteen working days,_and -further, that standard official- traffic control devices shall be erected at said closure giving notice of the restrictions, gboo2 .O .so- ��fAaT- 870418 Page 2 RE: TEMPORARY CLOSURE - WCR 26 The above and foregoing Resolution was, on motion d:Lly made and seconded, adopted by the following vote on the 1st day of June, A.D., 198:7, nunc pro tunc May 26, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerit.to, the' Board By: yeamuntyaDepu er APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COQ, ,LOO C.W�AKir. Pro em gee Bran�t'� en EXCUSED Jacqueline Johns p an amaguchi 870418 L YL41�... �• 1'.- S 7✓%�7.• j" St -n7 ... arrliSteraFrf a_^cix • weft Ty ,e Tr f'' I t„ t rr r . C4c/8 wj 5 �f Flask" — goad Closed c c)acl C(osed -51,c-47 For finc:13e replocPki-pi-` O44, A) -For G'PPf°iciiv+Q-1€fl 15 work/PI clays TITLE ?octet Cfccuve Ain 7G. at r v cP t4 wee ?/ r SURVEY BY DATE DRAWN BY i✓iLivt- DATE a% CHECKED BY DATE APPROVED BY COUNTY ENGINEER COUNTY ROAD NO/72 6 WELD COUNTY DEPARTMENT Or ENGINEERING FORM 16 4� I rte^ _ • _. �.1.ti�lC•'�vtiW�na�.T-�Yli,�•'�C ��Ylz - �. MEMORAIMUM Clerk to the Board May 29, 1987 To Dee George Goodell, Director of Road & Bridge / -J From Board Agenda item - Road Closure Subject: . Please place this road closure on the Board's agenda for considertaion. Weld County Road 26 was closed May 26,..1987 to traffic -for the replacement Of -Bridge 26/21A. The road was closed for approximately fifteenworking' days. Attached is a drawing shoving the detour route used and placement of signs. Weld County Dispatch, Sheriff's`,officerand School District Were notified. 870418 RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER REQUEST OF WELD COUNTY CORPORATION TO AMEND A USE BY SPECIAL REVIEW FOR AN OPEN -CUT MINING P? ON AN ADDITIONAL NINE ACRES WHEREAS, the Board of County Commissioners o£ 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 27th day of May, 1987, at 2:00 p.m. for the purpose of hearing the application of Weld County Corporation, 219 Highway 52, Erie, Colorado 80516, for an Amendment of a Use by Special Review for an open -cut mining pit on an additional nine acres for a parcel of land located on the following described real estate, to -wit: Part of the NWk SWk NE a SWk SW; SWk and the SEk SW: of Section 31, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, Sections 24.7, 44.1, 44.2 and 44.3 of the Weld County Zoning Ordinance provide standards for review of such amendment of a Use by Special Review, and WHEREAS, the Board of County Commissioners, after hearing the testimony and statements of those present, studying the request of the applicant and the recommendation of the Weld County Planning Commission, deems it advisable that this hearing be continued to June 3, 1987, to allow the Planning staff time in which to re -write Development Standard #4, and WHEREAS, the Board further determined that they will hear testimony concerning said Development Standard only. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider the request of Weld County Corporation to amend a Use by Special Review for an open -cut mining pit on an additional nine acres be, and hereby is, continued, to June 3, 1987, at 2:00 p.m. BE IT FURTHER RESOLVED by the Board that testimony shall be allowed concerning Development Standard #4 only. PLo2t 7 eC P `(e- P Fad- P.4A-r.,1 870423 Page 2 RE: CONTINUE BEARING - WELD COUNTY CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1987. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the _Board BY: kiliP��1 Deputy County C er APPROVED AS TO FORM: ilit7 _County Attorney Gordon E. Lacy, chairman 'urn Pro- em Gene R Brantn"46S- Gene EXCUSED DATE OF SIGNING - AYE Jue a John Frank Yamaguchi 870423 OFFICE OF WELD COUNTY CLERK AND RECORDER DEPARTMENT OF CLERK TO BOARD NAM AIM FEDERSI M 4225: PHONE (303) 356.4000- EXTXi36- _ -- .-.P.O, BOX dam. - GREELEY,'COLORADO 80632 STATE OF COLORADO ) ) COUNTY OF WELD ) ss RE: RECORD OF PROCEEDINGS - APPLICATION OF GARY BRAGDON FOR A USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION I, Mary Ann Feuerstein, County Clerk and Ex -Officio Clerk of the Board of County Commissioners in and for the County of Weld, State of Colorado, do hereby certify that the following is a true and correct Record of Proceedings concerning the application of Gary Bragdon for a Use bySpecialReview for a livestock confinement operation, said proceedings being before the Board of Weld County Commissioners on the 27th day of May, 1-987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado, this 22nd day of September, A.D., 1987. DISTRICT COURT, WELD COUNTY,_COLORADO .Case No. 87=Cv-631, Division I' GARY.BRAGDON, Plaintiff, vs. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, whose members are GORDON E. LACY, C. W. KIRBY, GENE R. BRANTNER, JACQUELINE JOHNSON, and FRANK YAMAGUCHI, Defendants. NOTICE TO: WELD COUNTY ATTORNEY TO: ROBERT RAY, ATTORNEY REPRESENTING GARY BRAGDON NOTICE IS HEREBY GIVEN that the complete record of the proceedings before the Board of weld County Commissioners concerning the application of Gary Bragdon for a Use by Special Review for a livestock confinement operation, was filed with the Weld District Court on the 22nd day of September, 1987. Mary Ann Feuerstein Weld County Clerk & Recorder and Clerk to the Board D 1 ,ty County Cle k 870412 DISTRICT COURT,WELD-COUNTY, COLORADO _ Case No 87 -CV -631, Dviaios I GARY BRAGDON, Plaintiff, VS. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO,- whose members are: GORDON E. LACY, C.W. KIRBY, GENE R. BRANTNER, JACQUELINE JOHNSON, and FRANK YAMAGUCHI, Defendants. CERTIFICATE OF HAND DELIVERY I hereby certify that a true and correct copy of the Record of Proceedings was hand delivered, on the 22nd day of September, 1987, to the offices of the Weld County Attorney, and Robert Ray, Attorney for Gary Bra.gdon, at the addresses below listed: Weld -County -Attorney ATTN: Lee I% Morrison 915 10th Street Greeley, CO 80631 Robert Ray,; Attorney' 1122 9th Street, #103 Greeley, CO 80631 Mary Ann Feuerstein Weld County Clerk 6 Recorder and Clerk to the Board 870412 DISTRICT COURT, WELD COUNTY, COLORADO Case No. 87 -CV -631 , Division Z ORDER FOR PREPARATION OF TRANSCRIPT AND CERTIWERiagairagRD GARY BRAGDON, Plaintiff, vs. GREELEY. COLD. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO,, whose members are: GORDON £. LACY, C. W. KIRBY, GENE R. Be2ANTNER, JACQUELINE JOHNSON, and FRANK YAMAGUCHI, Defendants. THIS MATTER comes before the Court upon the request of the Plaintiff for certificatjon of the record and preparation of a full transcript of the hearing held before the Defendants on May 27, 1987, concerningPlaintiff's "Application for Use by Special Review". As provided by law, and good cause appearing, IT IS ORDERED: 1. hearing May 27, Special That Defendants cause to be prepared a transcript of the held before the Board of Weld County Commissioners on 1987, concerning Plaintiff's "Application for Use by Review". 2. That Defendants certify the record herein, which shall include the original or certified copies of the aforementioned transcript, together with -all pleadings, applications, evidence, exhibits, .and other papers presented to or considered by said Defendants; rulings upon exceptions; and the decisions, findings, and the actions of the Board. 3. That the preparation of tification of said record shall and filed with this Court, with the Plaintiff, on or before said transcript and the cer- be completed by the Defendants a copy thereof to be provided to October 8, 1987 , 4. That upon receipt, of a copy of the record herein, Plaintiff shall notice this matter in for trial setting. Done in Chambers this .10th day of July the DISTRICT COURT JUDGE p.� q p 0412 DISTRICT COURT, WELD COUNTY, COLORADO Case No. 87 -CV -631, Division I CERTIFICATE.OF MAILING (ORDER FOR PREPARATION OF TRANSCRIPT AND CERTIFICATION OF;RECORD) GARY BRAGDON, Plaintiff, VS. THE HOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, whose members are: GORDON E. LACY, C. W. KIRBY, GENE R. BRANTNER, JACQUELINE JOHNSON, and FRANK`YAMAGUCHI; Defendants. CERTIFICATE OF MAILING I hereby certify that I have this 123 day of July, 1987, deposited in the U.S. Mails, postage prepaid, a true and correct copy of the 'Order for Preparation of Transcript and Certification of Record' entered in this case on July 10, 1987, addressed to. County Attorney's Office ATTENTION LEE D. MORRISON P. O. Box 1948 Greeley, CO 80632 Clerk to the Board of County Commissioners Centennial Building Greeley, 00.80631 8'70412 BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DOCKET NO. 87-19 IN RE: APPLICATION OF GARY BRAGDON FOR A -USE BY .SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION MAY 27,'1987 COMMISSIONERS PRESENT: GORDON E. LACY, CHAIRMAN C.W. KIRBY, PRO-TEM GENE R. BRANTNER JACQUELINE JOHNSON - FRANK YAMAGUCHI ALSO PRESENT: APPLICANT, GARY BRAGDON ROBERT RAY, ATTORNEY REPRESENTING THE APPLICANT THOMAS O. DAVID, WELD COUNTY ATTORNEY BRUCE T. BARKER, ASSISTANT COUNTY ATTORNEY LEE D. MORRISON, ASSISTANT COUNTY ATTORNEY MARY REIFF, ACTING CLERK TO THE BOARD LANELL SWANSON,CURRENT PLANNER, REPRESENTING THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES WES POTTER, REPRESENTING nth WELD COUNTY HEALTH DEPARTMENT 8'70421 CHAIRMAN LACY: At this time, Mr. David, I would have you do Docket No. 87-19, please. Read it into the record. MR. DAVID: This is Docket No. 87-19. The applicant is Gary Bragdon, 4106 22nd Street, Greeley, Colorado 80634. The request is for a Use by Special Review for a livestock confinement operation for 20,000 head of sheep. The legal description is the Southeast Quarter of Section 8, Township 5 North, Range 67 West of the 6th P.M., in weld County, Colorado. The location is approximately two miles west of the Greeley city limits, north of Weld County Road 58, and west of Weld County Road 17. The notice of this hearing was dated May 4, 1987. It was -published in the Johnstown Breeze on May -14, 1987. The date today -is May 27, 1987, the time is 2:43 P.M., and the file appears to be complete in all respects. MS. SWANSON: This Resolution was adopted by the Weld County Planning Commission on May 19, 1987. Moved by Lydia Dunbar that the following Pesolution be introduced for passage by the Weld County Planning Commission: Be it -resolved by the Weld County Plannina Commission that the application for Gary Bragdon for a Use by Special Review permit for a livestock confinement operation of 20,000 'head lamb feeding 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 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 1 8'70421 County Zoning Ordinance as follows: The proposed Use by Special Review area is located within the urban growth boundary areas of the City of Greeley and the Town of Windsor. The location of the Use by Special Review area and the attached -Conditions and Development Standards make the proposed use consistent with Urban Growth Boundary Goals 1, 2 and -3 of the Weld County Comprehensive Plan. Urban- Growth Boundary Goal 1 explains that urban development should be concentrated in or adjacent to existing municipalities. The proposed use is located approximately two miles west of the City of Greeley's long-range expected growth area. The long-range expected growth area includes those lands anticipated to accommodate urban development over the next twenty to thirty years. In addition, the City of Greeley's Capital Improvements Program currently includes the long-range expected growth 2005. The City's five -year - projects no new utility services area completion of services in approximately the in year Capital Improvements Plan also to the long-range expected growth area. The location of the proposed use and the timing of, the proposed plans for public infrastructure in the long-range expected growth- area should not interfere withurbandevelopment plans projected by, the City of Greeley's Comprehensive Plan. Representatives of the Town of Windsor -lave indicated that the proposed use would not interfere with its urban development plans. Urban Growth Boundary Goal 2 explains that. land -use regulations in urban growth :boundary areas should be: maintainedto allow the County and municipalities: to .coordinate plans,' policies and 8'70421 standards relating to land-usezoning regulations. Street and highway construction, public infrastructure systems, and other closely related matters affecting the orderly development within an urban growth boundary. Representatives of the Town of Windsor indicated no objection to the proposed use occurring within its urban growth boundary area in a phone conversation on May 8, 1987. On April 28, 1987, the Greeley Planning Commission recommended objections to granting the Use by Special Review permit because the proposal could not conform to the City's Comprehensive Plan, policies which discourage the location of high impact agricultural uses, with the possibility of causing significant negative external impacts._ The Planning Commission's concerns were based on the intensity of the proposed use creating off -site impacts, such as odor and dust, at a location close enough to impact future development in the long-range expected growth area. The location_ of the operation, as proposed, with attached Development Standards, should address the concerns of the Greeley planning Commission. The City of Greeley does not have a specific standard for fugitive dust and odor and relies upon the Weld County Health Department for monitoring and regulating in accordance with State law. Representatives of the Weld County Health Department reviewed this proposal and recommended approval with conditions in a letter dated April 23, 1987. The conditions .proposed by the Weld County Health Department. regulate odor and: dust. The Greeley Planning Commission also expressed concerns about the effect -the feedlot pens would have on the City's image if viewed by the 3 870421 traveling public from U.S. Highway 34. The Planning Commission recommended a screening standard in the event the application was approved. The screening standard is included in the attached Development Standards. In addition to a screening standard, the feedlot pens are proposed to be set back approximately 1200 feet from Highway 34. The screening plus the special setback will reduce the view of the feedlot pens from Hiahway 34. Urban Growth Boundary Goal 3 explains that urban growth boundary areas should be maintained to provide an official definition between future urban and agricultural land uses. The subject site is located two miles west of the City of Greeley, and within the City's urban growth boundary as a result of the 1600 -acre, plus or minus, Golden Triangle Number 2 annexation, which occured in January of 1985. Because of the extended annexation and the fact that City services are not proposed to be completed within two miles of the Use by Special Use Review area until 2005, the long-range expected growth area should be considered the official definition between future urban and agricultural uses. The proposed use is consistent with the intent of the Agricultural Zone District in which the use would be located. The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural Pone District. The uses which would be permitted would be compatible with the existing surrounding land uses. North of the subject site the principal use is agricultural, including a dairy operation and crop ' -production. East of the subject site the principal use is agricultural, crop 8'70421 production. West of the subject site the use is agricultural, including two cattle feedlots and crop production. South of the subject site is U.S. Highway 34 and the principal use is agricultural, crop production. The use which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone, and with future development as projected by the Comprehensive Plan of -the County and the adopted Master Plan of the City of Greeley and the Town of Windsor. The future development of the surrounding area is intended to remain agricultural in nature. The City of Greeley projects that services for urban development will be available two miles east of this site by the year 2005. The Town of Windsor has no plans to provide services within two miles of the subject site. No overlay districts affect the site. In locating the feedlot pens, the lagoon system, and the residence, the applicant has demonstrated a diligent effort to conserve productive agricultural land. The Use by 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 who have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1) The Use by Special Review activities shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review 5 870421 plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder; 2) Prior to recording the Use by Special Review plat, the Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat. The plat shall be amended to show: a) Relocation of the access from Weld County Road 17 at least 1,000 feet to the south of the proposed access on the plat. Such access shall be adequate to serve commercial truck traffic as determined by the Weld County Engineering Department; b) Landscape screening of the pens on the south and west sides consisting of evergreens staggered at 20 to 25 foot intervals; 3) Prior to construction of the livestock, confinement operation, evidence shall be submitted to the Department of Planning Services that the Colorado Department o£ Health, Water Quality Control Division, has approved a report prepared by a Colorado .Registered Professional Engineer demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. The 'motion was seconded by Louis Rademacher. Voting for passage were: LeeAnn Reid, Lydia Dunbar, Louis Rademacher and Jack Holman. Against passage were: Lynn Brown and Paulette Weaver. There are nineteen Development Standards attached. CHAIRMAN LACY: Are there questions from the Board to staff at this time? At this time, then, I', would ask that the applicant' or representative come forward please. 6 870421. MR. RAY: I'm Bcb Ray, attorney for the applicant. Mr. Bragdon's here also. I guess we would like to stress a couple of things. One is the City of Greeley's concerns, I think, are adequately answered by the staff. They voice some concerns, but they have no standards for dust and odor, and it certainly has been addressed by the Planning Department and the Weld County Department of Health, and I believe the standards required in this case will adequately protect the City of Greeley, which is presently about nine miles, in actual development, from this site, and its- long-range growth will be two miles from this site. There are, I believe, four feedlots already in the area within two miles of this proposed site. There are two dairies within two miles of the site and the City of Greeley has a sludge dump within a mile of the site. So, it certainly appears that this activity would be consistent with the other activities in the area. That's all I have. If you've got some questions of Mr. Bragdon, he's here to answer them. CHAIRMAN LACY: Well, I will ask if he cares to make any statements. Does the Board have any questions for Mr. Ray at this time? COMMISSIONER JOHNSON: Do you know the size of those other feed operations? MR. RAY: I do not_ _Do you, Mr. Bragdon? CHAIRMAN LACY He :would have to come forward to answer those, Ale can answer those if he would like. Would you state your; name, sir. 7 8'70421. MR_ BRAGDON: Street in -Greeley. CHAIRMAN LACY: The question was, the size- of the other feedlots and dairies. MR. BRAGDON: Right. I don't know exactly the size of those feedlots. I'd guess in capacity, I believe Harry Franks is upwards of or in the neighborhood of 1,000 head. There's a feedlot to the north of that and I don't even know who owns that feedlot, but it's approximately half the size of Harry Franks'. Croissants, to the south, a few miles south, and the Ray Amen estate, that's two feedlots down on the Johnstown road, and I'm gonna guess they're approximately about 1,O00 head each. COMMISSIONER BRANTNER: How close is Franks'? MR. BRAGDON: Half a mile to the west. And there's a smaller feedlot just maybe a quarter of a mile north of that feedlot, which would also be approximately half a mile west. CHAIRMAN LACY: Do you have any further statements that you would care to_ make at this time, Mr. Bragdon? MR: BRAGDON:_ If -I could, please. I appreciate the opportunity. The question, obviously, I guess, is, why the location. -And I'll give you a little brief background. Since I graduated from C.S.U. in 1964, I've been a"resident of northern Colorado, and the last 19 years of that's been in Weld County. My name is Gary 'Bragdon.. T live at 4106 22nd I've-been.in the -feed and I ivestock business for that time. have owned and operated the feedlot three miles north of Severance which was very similar in size to this one we're applying for T a 870421 special review on. Also, I was a feed division manager at Agland for 12 years. I'm going back into the lamb feeding business, and I believe it's a viable, economic factor for Weld County. The lamb business is rather historic in Weld County. Some things recently have changed, I think, that have induced me to go back into the Iamb feeding business, not only the crops available in the western part of the County, but also, now recently has become available pulp from Western Sugar Company here at Greeley, which wasn't a factor here a couple of years ago. The Johnstown started up their fructose plant at Johnstown. Coors has started up their fructose plant which produces in the neighborhood of, let's see, I can't recall, some couple of hundred tons of gluten feed bi-product. Plus the flour milling in Denver, ConAgra, which is also an ingredient we plan to use, and a year from this time would be 120 thousand tons of brewers' grains from Anheuser-Busch up at Fort Collins. Consequently, thislocation is in the center of the supplies that we plan to use in the feed rations for these lambs. I looked in a lot of other locations through, not only Pat McNear, but four or five other realtors, bankers and other lenders, and this is not just a happenstance that we picked this property. We seriously looked at other locations. This piece of property has an ideal suitability at least for such an application, mainly, the first thing you look for is the water, and the water, is available, as Ifirst thought from Little Thompson Water District. Wrong, they were not able to supply that, but the City, of Greeley has an easement through that property, which is denoted on that map, and 9 8'70421 they will provide the water for this operation. The other is the road accesses, which I think are really important as far as winter time is concerned and providing a supply of the feedstuff to that location. Obviously, if any roads are going to be opened up in a blizzard, it'd hopefully be Highway 34, and that's important. As Bob mentioned, we're in the area of other feedlots; a couple of other dairies, the junkyard is there, and I think that this operation would be very compatible with the existing livestock operations that are within a near proximity of this site. The other reason is, too, that prevailing winds basically are from northwest to southeast. We considered that and, if you look from the southeast of this 'site, it's toward open farm land and Monfort of Gilcrest, so the consideration... The lay of the land is ideal as far as the design of the property. It's got an ideal lay with a south and west slope, the soil conditions were looked at by the Soil Conservation Service; we saw no limitations there. The inspection, the review and approval by Weld County Public Health, again,, revealed no limitations there, as far as developing a catchment basin for containment of the wastewater runoff. The Weld County planning -staff, your staff here, w think, did an admirable job in reviewing the whole scheme of this _development, andlooking at the possible limitations there on -site, and of course, as far as reviewing the materials.Alpha Engineering, I employed them to review the operation too, to make whatever recommendations were necessary in collaboration with held County Public Health. We drilled test, holes to make:sure that we did not 10 8'704x21. have water in the areas of where we would develop the retention ponds which is shown on the map. The other -deal suitability of this property is that with this catchment basin, or the retention ponds, we'll be able to separate the irrigation tail water and rain water from the farm from the waste water runoff of the pens. And, the farm itself, the 150 acres will be converted from row crop to a pasture operation so that we'll be able to drain the retention ponds in the required time that is necessary. As I understand, stagnant water, once it's allowed to sit for a period of over six days, why it becomes odiferous at times, and so the State requires removal of these retention ponds or the emptying of these retention ponds within fifteen days. I've agreed to a six -day removal. There's been some concern about the odor out there. I'm gonna be living on the property and I'm gonna be just as concerned about the odors as anyone else, so that behooves me, I think, to manage the waste water in a favorable manner, not only to myself, but my neighbors as well. I'm going on too long here, I hope not. On the property is an adjudicated lake. The water originates on that propertyand we hope to utilize this lake water, instead of irrigation water, for dust control. Some concern, I guess from the City of Greeley, regarding dust: we plan to manage that very well. Dust pneumonia is a factor in the health of lambs in the feedlot, primary, and above all is to hopefully prevent health problems from dusty situations, and with that lake there we hope to manage that. This design of this, feedlot allows 50 square feet per animal Normally, I think most 11 8'7©421 lots, as far a Iamb feedlots, allow 30 square feet. We have increased that area per animal to maximize the drying potential, so that'll minimize odor problems, as far as the manure is concerned. Manure removal will be year round perhaps, and exactly where it'll go, outside of neighboring farms, would be a possibility of composting operations at Eaton, Wiggins or Littleton. Six hundred fifty acres provides an adequate buffer, as far as neighboring farms is concerned, with these pens. In my application_ I tried to speak to or address every section of the Weld County Ordinance, and tried to infer to you that there could be a compatibility and a compliance with all the Ordinances that are spelled out in the Use by Special Review section of that Ordinance. I think I've properly addressed the Weld Comprehensive Plan. I believe I understand ittobe, in Weld County, the promotion of agricultural industries and, specifically, in the Weld County Comprehensive Plan goals states the promotion of agri-businesses and feedlots. I think that's pretty clearly spelled out. I'm here with some endorsements, and I' guess I'm here with some negatives. I believe that, like I mentioned earlier, that Weld County Public Eealth staff has reviewed and approved this site, the City of Windsor, the mayor, the city administrator, and the Windsor Planning Commission, is unanimously approved this site as far as the development is concerned. Again, the Weld Planning Services staff has given their recommendation, they've offered their criticisms in how to mitigate any problems that there might possibly be and they're easily provided for. I 12 870421. mentioned the Soil Conservation Service. The Weld County Planning Commission voted 4-2 in our favor. The nearest neighbor is Ed Skaggs and he has no problem with the: feedlot. Pe says if you live on the property, he says,- I would assume that you'd probably take care of the property just as well for yourself as you would for me. As I mentioned, in the 70'3 I had the feedlot up in Severance, and it was 26 years ago that I was before the County Commissioners, as I am right here today, and there were a lot o£ complaints. It was approved. In that period, in the I970's, when I owned and operated that feedlot I did not have a complaint as far as any runoff or any odor problems was concerned, nor do I. know of any complaints that were registered formally with the weld County government here. So, I think that I can say that I can do a lot of things, but I think in the past I have proven that I can do a lot of things. Hertzke's Dairy, for example, it's approximately a 400 -cow dairy, and it's right out in "the Long Range Urban Growth Plans of Greeley". It sits immediately to the north. I've never heard anybody complain about the Hertzke Dairy, as far its operation or its odor or its dust. And it's simple, it's a well -managed operation, and I plan to'have something very similar to that. I think that the safeguards and the precautions as far as the community and the County is concerned, is well put in the recommendations from the Planning Services and from the Planning Commission. True, maybe some day urban growth will happen there, but I can't predict it. 'I'd like to say that the value of the property that we're going to put this project on does. 13 1370 421 not reflect an immediate urban growth plan. Times change, and perhaps that growth may happen at a time. When the economies and the land values dictate that this operation is not feasible in this area, obviously that's what, I think,, could perhaps relocate this thing. But the other consideration, again, is, I think, the feedstuffs that have become available. You say, well it's bi-products from big manufacturers. But it also has a market value effect on the farm production of Weld County because this is a lot of new material that's just recently become available_ And I mean thousands of tons. It's not easily transported from Colorado to another state_ It's a bulky type commodity that, I think, is in such a volume that we're going to have to figure out how to utilize these feedstuffs and, in my opinion, lambs are one of the better animals to utilize these feedstuffs that'll be available from Coors, Busch, Western Sugar and so or.. CHAIRMAN LACY: Is.that all you have at, this time? MR. BRAGDON: Is that enough? CHAIRMAN LACY: Just a moment. I will see if the Board has any questions at this time for Mr. Bragdon. COMMISSIONER JOHNSON: I guess I just want to, Wes, maybe more for you, Development Standard Number 8 requires a residential odor standard to -be met_ Is that correct? MR. POTTER: The residential odor standard is seven dilutions of clear, unpolluted air with one dilution of polluted air. It is possible to meet that standard. It's a really restrictive standard, but it is possible to meet that with a well -managed 14 870421 facility. The applicant was informed of that level and he agreed to that levelI think it is possible. It's not an unreasonable one. COMMISSIONER JOHNSON: For comparison purposes, what would ordinarily be the air standard? MR. POTTER: One to thirty-one. COMMISSIONER JOHNSON: And this is one to ... MR. POTTER: One to seven. The industrial standard as adjacent to a residential area would be one to fifteen_ And the standard that would be applied in an agricultural area would be one to thirty-one. This is a much more restrictive standard. This would be measured by the standard procedures, twenty-five feet off of the edge of the property line. COMMISSIONER $RANTNER: For how, the length of time. ?s that, you detect an odor in excess of seven to one after a rainstorm, or he couldn't clean the corrals, or adverse weather conditions or something where they couldn't be, is that a violation where there's acts of God? MR_ POTTER: Well, an act of God is not covered in the regulation for odor, and so, yes, it would be a violation and he would be issued a Notice of Violation and be given -a period of time to come into compliance. In most cases where you're in a feedlot situation where you sustain a wet period you will see odor changes obviously, and in some cases you will find violations off of -it. You don't find as frequent a violations off of lamb feeding operations as you do off of: cattle because it's a 15 8'70421 different type of manure. It's not as wet and, therefore, it's not as easily soaked up during a rain. But yet the potential does exist in most cases, if it was just a shower it would not be a violation, but if, these long term rains, a day or two or like we have sustained within the ,last few days, it would be_a potential for a violation in that case. COMMISSIONER BRANTNER: Then, most of these violations are detected by complaints from surrounding neighbors? MR. POTTER: Yes, we do not actively surveil,, get into active surveillance on anything, unless we have an on-coing problem or we have indication of previous complaints or previous violations. But we would respond to complaints, course. We respond to every complaint that comes to the office. COMMISSIONER JOHNSON: In a situation like the recent spell of weather, what would be the remedy for the operator at that point? Just wait until it dries out? MR. POTTER: Yeah. It'd probably be the most appropriate thing to do. In most cases it would be, yes. Where you get into problems, is if you're in an area that is poorly drained and there are wet, soggy holes that fill with water and then stay there and turn anaerobic, and then they would continue to emit the sulfide -based materials which are the very 'high stench. In occasions, in a site like this, which is placed- on ahill, on a well drained; hill, which 'is the desirable -aspect for -a feedlot, to keep the animals dry in the first place, it would more easily lb 870421. drain off during a rain shower and would not be as predicated toward the odor problems. COMMISSIONER BRANTNER: How temperamental are the settling ponds as far as odor? Are they pretty easy to keep in compliance with seven to one? MR. POTTER: Any pond can be temperamental if it's not properly maintained and is not properly evacuated. Right after a thunder storm or right after a twenty-five year twenty-four hour event, the water that runs into the pond is then churning and running across the ground: It's very.high in oxygen and so there's a high dissolved oxygen level in the water and there is very little odor for the first few days during the time when that oxygen is being burned up by the biological process. At the time when the oxygen is depleted to where there is zero oxygen available in the water, and then the biota turns to an anaerobic biota, then at that point the sulfide based materials are produced and the odor does become very prevalent. That has been shown to be in a six -day period, six to ten days after the event, if the water is not. removed. So it was our suggestion that, to maintain the odor standard of one; to seven, that it be evacuated within six days of the time of the event. CON'MISSIONER'BRANTNER: Now, let's assume that there has been a complaint and you go: out. and find ;that there has been a violation over the.seven'to one, what is your procedure then for them? :Could you explain to us what the... - 17 8'70423 MR. POTTER: He would be issued a Notice of Etiolation and would be given a time period to respond to the violation. The normal procedure is, that is ten days. And then, i£ he responded at that time, he would be requested to submit a plan to abate the odor and come into compliance with the regulation. Ongoing monitoring would go on at that time until he was back into compliance. He would be given a time period anal/or-a hearing. If he -demonstrated an unwillingness to comply voluntarily, then a hearing would be setup and- there would be another formal notification period that would: have to go through, and in this case it would depend upon the time period that we issued the date for the hearing .and the notification of the hearing, which would be at the minimum, another ten days. At that time, then, at the hearing he would be issued a Cease and Desist Order if he was found to be out of compliance and unwilling to comply with the regulations and there would be a time frame then set for him to come into compliance. At -the end of that time period that he was given for compliance, if he -did not come into compliance,. then fines could be imposed up to $10,000 a day. COMMISSIONER BRANTNER: After what period of time? MR. POTTER: After the time period that he had been given at the hearing. At the hearing he would be given a time frame to come into compliance. At the end of that time period, if he was not in _compliance or not demonstrating a willingness or attempt to come into compliance, then he would-be susceptible to the fines under the regulations. 18 870421. COMMISSIONER BRANTNER: But there are no fines prior to a hearing, then? MR. POTTER: No. COMMISSIONER BRANTNER: If he is in violation, you give him a time period to come back into compliance, so there could be a potential period of odor ;out there then, five, ten, fifteen days, giving him a reasonable chance to come back into compliance? MR. POTTER: That's true. COMMISSIONER BRANTNER: How really reasonable is the seven to one, with our weather? MR. POTTER: It's very restrictive for a feedlot, but... COMmissIONER BRANTNER: I know it's very restrictive, but, really is it reasonable that he could do that without being... MR. POTTER: Yeah, I really honestly think that he could, because of the fact that it's on the top of a hill and it's well drained and he's feeding lambs. . There are three things that are important to consider in this situation; if he was down in a low area where the water would accumulate, where he would have trouble moving his manure because he couldn't get in and out of the pens withheavy equipment, they'd get bogged down, or if there was a situation where the water wouldn't drain off, so that there would be stagnant water accumulating, then the potential would be more. Or if he had high concentrations of cattle, because cattle do have a much more of a negative impact on the pens because of the differential -weight and the fact that they can really sink in and cause some real problemsin' the pens. 19 8'70421. MR. BRANTNER: And your opinion would be the same, then, for the settling ponds? It's realistic to achieve the seven to one? MR. POTTER: Yes. It isrealisticto do that, first of all because of the geologic site. The cursory evaluation that was done by the engineer and the proposal that he has outlined would have the ponds perched in a situation where they could be pumped and there is adequate area to pump the ponds„ or the lagoons, back over onto the other farm ground that he would use, even winter time. Yes. CHAIRMAN LACY: Okay, I'd ask the applicant, at this time, if they.have anyone else that they have for a representative to speak to this. We will -give, you a chance after discussion from the audience to bring forward any further evidence -or answer any questions for rebuttal. M.R. RAY: No. CHAIRMAN LACY: You have no one at this time? Okay. I would like, before we start, to have a show of hands of those in the audience who are going to want to speak either for or against this in some respect. I would like to see a show of hands. Okay. I would ask then, that we limit those comments to your specific area and that we not be repetitious. If we get repetitious, we'll be at it until midnight. I would ask that if you agree with the person who .spoke before: you or someone who'was' up there before you, that you come up and say that you agree with that person and - that you would like to.just just back what they had to sag. And I would appreciate it if we would follow that fairly closely. If we in the 20 8'70423 become repetitious we'll be here all night, and I don't think many of us want to stay here that long. So, at this time I would ask that, if someone wants to speak for this, they come up, and we're not going to limit you, I'm not going to, but if someone becomes very long-winded, I will probably ask you to cut it off in another minute or something like this. But we will allow you to speak, we will give you time, and after you are finished, then the applicant can make note of the problems that people have brought up or things that have come up and, if he has any further information in regards to those questions or comments, they can answer them at that time. I would now ask that, let's start over in this area, unless there's a specific, let's start here. State your name and address very clearly and your reasons that you are here. MR. BILLINGS: Mr. Chairman, I'm Glenn Billings, Weld County Road 66, 14'49, Greeley, Colorado, and I'm here representing the developers and the owners of the Golden Triangle, an area that we've been working on for three years, five months, and I think that maybe we need to bring -you up to date on where we're at. I have prepared documents for you. Mr. Vern Nelson will be here. He's the engineer on the project. I will try to walk through the documents that I have presented to you, to bring you up to date about the "Golden Triangledevelopment, and I will read it as printed. I am here representing the -owners and the developer of the property from Cleveland, Ohio,' known as the Golden Triangle, a multi -use development of 1,806.5 acres which is just two miles 21 8'70421. directly east of the proposed feedlot. I did drive this yesterday, and it is exactly two miles. The detrimental impact of a feedlot in such a location upwind would be an immeasurable in the development. You have to realize that over the next few years there's going to be major things happening there, and we'll go on to explain that later. We've been three years, five months in getting where we are. We've taken the land through annexation, zoning, and planning, have prepared a feasibility study of some 86 pages which shows the tremendous favorable impact of tax dollars to governmental entities, and you will find attached some of the documents that show the growth factors over the next ten to fifteen, twenty years. The City Council has designated the area for the next city municipal golf course, which will be designed by the top golf course designer and one rated the very top in the nation, and will be considered a world -class golf course. This means that major professional tournaments could even be held on • this golf course, would also be adequate for young, new students just learning to play golf because of the design and construction of the golf course. To give you a little background, this developer did design Castle Pines which now holds the international golf tournament down in the south Denver area, The developer's now in final negotiations with the city on the golf course construction and the outlook is very favorable. We must' not forget the former locations of Triple A Feedlot, which was located in the Farmers Spur area, and since that happened I have worked with the owners of the Farmers Spur area. We have 22 8'704211 dismantled the feedlot, moved it out, and we've brought a new industry into Greeley known, as Loveland Industries, a subsidiary of ConAgra. We all can remember the comments of tourists and people coming through Greeley. .They didn't call it Greeley, they called it Smell City. With the ingenuity of Mr. Monfort and his people, and knowing the impact of the smell from the Monfort feedlot, which was not directly in front of the City's growth, they did move their feedlot out in the Kersey area, downwind. To fully understand the impact on 666 acres between U.B. 34 and U.S. 34 Bypass, which is zoned Industrial, we have had major companies look at the land and' -have had very favorable interest, mainly because of the environment of the area. The State Economic Development Department, .a year or so, was here and some of their members looked at the location for industry out there and indicated it was one of the finest facilities in -northern Colorado. There's already been spent in excess of one million dollars on trunk line utilities to serve the area. We are now in a position to move very soon on development,; with the land under contract to Cleveland developers. We realize the need for agriculture feedlots, but we must look at the past trend for new- locations- and relocation of feedlots. It has been not upwind but downwind of City's growth. And there islandequally suitable for feedlots downwind, and I think it's very understandable in realizing that Farr Farms Company moved their feedlots on out further east,' of Greeley because of potential smell It is very definite that the Monfort Feedlot in being moved' out into the 23 8'704211 Kersey area eliminated a major smell in Greeley and improved the downtown area. I have submitted to you there, the next page, the proposed layout of what we call Golden Triangle North. This is just the north side of this development of 1,140 acres. See this parcel right in here is already preliminary platted, the golf course is designed in there, it does not show on this and I will let Mr. Nelson talk to you about that a little bit more later, but I can point out some things as we go along_ This is a preliminary development. The golf course developer will design the entire layout, both residential and golf course, and a major part of the industrial land which you see down in the left hand corner of that page will be removed and will become residential. Your next page shows the exact location and the section and half section lines o£ the Golden Triangle development, and, the red "X" will show you the location o£ the proposed feedlot. I've supplied you with other draft and charts showing you the impact of the development in that area, which have been compiled by Nelson Engineers and have been adequately reviewed by the City of .Greeley. And we're looking at, in round figures, of more -than 2,000 homes in that area, in all ranges, not just single family but multi -family and condominiums, a major recreational area along with the golf course .design and development. You will note some engineering figures as to cost factors and a summary as to the generated tax dollars by the development, just of the north side,_ $69,203,090. We've also attached, which I know : you're familiar with, the Greeley Comprehensive Plan, which' gets into this area; it does; not narrow 8'704211. down but broadens out. We've also included a map which we did as an impact area that we looked at, that the people within those areas would very definitely have a desire to possibly live in this developed area or at least use the recreational -facilities. I have talked, not recently, but with the mayor of Windsor, and they are very excited about the recreation facilities, the golf course that might be built there, and these are public golf courses, it's not private,. it's for the general public, for everyone from the young beginner to the top professional. Mr. Nelson has been in contact with Great Western Railway, which you're all familiar with, and we do have documents from Great Western Railway that this property can be served if we get an industry in there, in the industry land that needs rail. We were working with an industry that didn't need rail, but you have a hard time competing with Pueblo when they give them.8,000,000 in free dollars, and this industry was interested enough in locating on this property that we went to, the point o£ doing color content designs for them on 80 acres. There's also of interest that, as far back as 1982, that the State Highway Department felt that this area was so highly developable, and because of Kodak locating in the area just below this property that they did design a complete interchange at 257 and V.S. 34 and U.S. 34 Bypass. They have acquired between 60 and 80 acres out there for future growth in the area. Some of the other -items which I would like to bring up which are just notes that I compiled from studies that have gone on and things we have done in the last 3§ years, that with just one percent of the 25 8'70427 growth in Weld County, this entire development will develop out in ten to fifteen -years. That means, if you're looking at three people per family, and you multiply that by 2,000 homes, you know the type o£ population will be there. With industry coming in on that property, and we do have an industry that's looking at it right now, whether a feedlot and a feedlot smell and looking down on a feedlot would change their mind I cannot answer that because they're not aware of this hearing or the possibility of a feedlot. The golf course construction will start as soon as we complete our negotiations with the City, and I note that some of the City people are here today and they may be able to comment better than myself as to where we are in negotiations, but I feel that we're very close to completing agreement with the City for the construction and the gift of the land and the gift to the City of the future golf course after it's developed and the bond issue is paid off for the development -of the golf course. There was a question brought up about the Hertzke Dairy. This is something else that is added into the total development. The Aertzke Dairy will be phased out. It will become an equestrian, I always have a time pronouncing that word, but it would become an equestrian' facility for people living in the area who have horses who would like to maintain horses. ' There will also be about 200 acres of this area that will be retained in its natural environment, and there will be horse paths, bike paths, jogging paths designed throughout this area for future use. If we compare the industrial - value of land, 666 acres, to the value of the Kodak land.who has 26 870421 buildings now on 360 acres, and determine the tax base to Weld County and the City of Greeley, and the school districts in the area, it is my fairly accurate understanding at this point that Kodak has, in round figures, $500,000,000 of construction completed at their area on 350 acres. We're talking about 666, so if we could multiply that by two, you would see the major impact that this industrial property will have. I have already spoken to the State Highway acquisition of land for a major interchange. One of the interesting things, in studying the new Front_ Range Urban Corridor map which has been published in just the last year or two by the USGS people, it shows that the elevation at approximately the feedlot is 5,000 feet, and that the location of the Poudre River is 4,900, and that the drainage basin directly from this property is directly to the Poudre River and right into Kodak. This'is the drainage basin. My big question is, what happens when you have a storm like Greeley had here just two or three -days ago and the water couldn't get anywhere and cars were bumper deep, or the storm that happened up in Lucerne last Friday evening? If it were to happen in that area, a holding pond would have to be built that would have to be approved by the State as far as the size because it would have to exceed a nine foot dam to hold that water to keep from .breaking and going right directly into the Poudre River which flows right- through Greeley and right into the Kodak area. I have spoken to the service that we can get from Great Western Railway, and the other interesting thing about' Great Western Railway which is a real key and a selling point to 27 8'70421 industry is the fact that Great Western Railway is served by both Union Pacific and Burlington Northern, one of the few connector railways that can give an industry guaranteed service to either railroad. We had worked very closely with a former partner in the ownership of the Denver Tech Center, who had looked very seriously at buying this property, and we were not at that time far enough along to meet his requirements. And if a man who was a partner in the development construction of the Denver Tech Center says this is one of the finestlocations for industry in Colorado, then I think our prognosis of this location is the same. I've completed my comments. At this point I do have other maps and documents I could show to give youanidea of the job it takes to put a project like this together. I did bring down all the title policies that we went through and spent almost six months in clearing the land, as far as easements and rights -of -way, that the land now is probably the cleanest piece of property in the developed area in northern Colorado and ready to go. That document back here is about that thick. I couldn't tell you the cost of that document at finalization, but it will be substantial. I know that Mr. Nelson in his engineering on this project is also substantial. The location of a feedlot directly in front of a development of this magnitude almost totally destroys' the development that we've worked on for three and a half years which will be the largest development in northern Colorado. Thank you. I'll be glad to answer any .questions if'you have them. 28 870421. CHAIRMAN LACY: Are there any questions for Mr. Billings from the Board? Thank you. MR. NELSON: Mr. Chairman, I'm Vern Nelson, with Nelson Engineers, 8227thStreet here in Greeley, Colorado. I, too, represent the same owners that Glenn Billings spoke about, and I'm not going to repeat a lot of things that he has said. I have prepared a letter in behalf of those owners; I've also prepared this map and I want to point out a couple of very specific things. I'm going to highlight a couple of things from my letter, leave a copy with you, and then let others talk. I want to mention the fact that the proposed feedlot is on Highway 34. The water mains that bring treated water into the City of Greeley run right through the property, drainage from the property goes directly north into a natural drainage into the Poudre River within the Kodak property, as you can'see on the map, and into the Poudre River as it flows through Greeley. I think those are pertinent items, plus the fact that the predominant wind conditions are from the north and thewestand will carry odors and dust onto Highway 34 and into the proposeddevelopmentto the east of this site. There is no question that such a location would have a negative visual impact. I noted in reading the Planning Commission comments that they requested screening. Really, screening would reduce the view from Highway 34, but screening can't stop the odor and the dust emitting from the site, and they definitely will have a. negative impacton ,those people entering Greeley and the development of the area here. Now I want to mention that, as I 29 8'7042111 said, I am representing certain owners there, as Glenn Billings is; those in the crosshatched area that are black are the ownerships that we are specifically representing. That represents some 2,000 acres, and it's represented by Rick and Lawrence Hertzke, Harry, Elmer, and Emanuel Rothe, the Boreson Estate and family, Alex and Tom Coolidge, and the Monroe Corporation. Those are fairly important names to this community. We've talked about the substantial investment of the City of Greeley. I want to mention the fact that the City does have water rights agreements with owners of the Greeley and Loveland Irrigation Company, which encourages development west from the City because water is available from the transfer of that irrigation company to the City of Greeley_ The drainage from the facility will probably cause a substantial decrease in property values for some distance below the feedlot. It's also going to have a tendency to reduce the quality of water in the Poudre River. We realize that there are holding ponds, but we also understand that those ponds are to be evacuated under certain circumstances and, apparently, when that happens that will be untreated water draining off directly into the drainage basin and into the Cache la Poudre River across Kodak and into the City of Greeley. I mention the one other item, and that is the fact that feedlots are not necessarily compatible with growth patterns. Some of you might remember, many, many years ago, when the Rothes had a substantial feedlot along Highway 34 west of Greeley at Sheep Draw, and that was a few miles from the City of Greeley at that time. But stop and think what has 30 8'70421. occurred at that location now. Rothes were under pressure because of odors and other nuisances to move that feedlot. They did that, and today we have a beautiful Hewlett-Packard Manufacturing plant on that site, along with a lot of other development along Highway 34, and I think that's, the tendency is we just keep moving west and this is not a good site for a feedlot. We believe, the landowners believe that to approve this request is wrong and, frankly, that it would be a disservice to the citizens of Greeley and Weld County. And I'd like to leave a letter, with you, Mr. Chairman, if I may... CHAIRMAN LACY: Give it to Tom. It has to go as an exhibit. MR. NELSON: I£ you would like, I would leave this drawing that we have made as an exhibit, if you wish to have it. CHAIRMAN LACY: I'd like to have it, sir. Is there any questions from the Board to Mr. Nelson? Okay. At this time I'd ask thenextperson that wants to speak to come forward, please. Go ahead. MR. LONG: My name is James Long. I'm the president of the Indianhead Homeowners Association. I live at 6914 Algonquin. We don't seem to have been mentioned today, but if I could borrow your maps for a moment, we're situated approximately a mile from where the proposed feedlot is. 8'70421. 31 MR. LONG: We're not proposed --we live there. We have approximately fifty homes at this time, one acre lots. Custom built homes, and our life style is, we like the view, we like the clean air, and I listened to the rules and the regulations about the odor and the violations, but five or ten days, and this is less than a mile from us, so we've got to put up with it. I spoke to an appraiser yesterday that told me that this would definitely devalue our property. T- suppose most of you just got your statements yesterday. They just reassessed us, and raised the evaluation of our property. We kick in about $70,000 a year in taxes and we feel that this will hurt our value of our property. All the above reasons: the dust, the pollution, the noise, it's gonna create more congestion. All the water doesn't run down hill from my front yard. When I look at the site it's uphill from me, so what impacts are going. to have in the environment of my property and my neighbors, and I speak as a member of the board, we are an incorporated homeowners association, we're not commercial, we are residential, and we feel that to pass us this particular_ location is a real disservice to us. And we would appreciate if you turn this down. Thank you. CHAIRMAN LACY: Is there any questions for Mr. Long from the Board? Thank ycu_ Next, please. MR. HAMMOND: My name is Lynn Hammond. I'm. an attorney residing .in Loveland, Colorado, ,Room 418, First National Bank Building. I represent Mr. Donald Leonard and the Leonard family.. interests, who border the proposed feedlot on two sides. They 32 8'70421 have a half section of ground here, a section of ground here, and a half section here and some additional land to the south, so I would imagine they're somewhat in excess of 1200 acres. They're immediately adjacent on two sides to this proposed use. I would like to have Mr. Dave Shupe come up and I would like to ask him a few .questions so that I can pinpoint some concerns that the .Leonard family has, and- Mr. Shupe has written a letter. I would leave it with .CHAIRMAN LACY: Would -you wait until you get back to the mike before you speak?' MR. HAMMOND: I'll leave these copies. Mr. Shupe, would you state who you are and who do you work for? MR. SHUPE: My name is David Shupe. I'm an engineer with Landmark Engineering of Loveland, Colorado. MR. HAMMOND: And what's your background, Mr. Shupe? When you sav an engineer, what kind of work have you done and how long have you been in the area? MR. SHUPE: I'm a consulting civil engineer. I've been in active practice for about twenty-five years in the Boulder, Greeley, Loveland area, Larimer County, Weld' County, and so on. I've lived andworked in -Loveland for the past seventeen years. We've done extensive work with both the City of -Greeley and Weld County, as well as Larimer County and other cities within it. MR. HAMMOND: And your work, would - you say that you're familiar with the development -policies and the development of the area in Weld County and Larimer County? 33 870421 Now, what MR. SHUPE: Yes. N.R. HAMMOND: When, you've been here and heard the testimony o£ the applicant in this matter', haven't you? MR. SHUPE: Yes I have. MR. HAMMOND A number of statements have been made with 'regard to controlling and containing some of the odors that might come from this undertaking. Have you ever worked in sewage control? MR. SHUPE: Yes. A good deal of my work is in that.area. MR. HAMMOND: Have you worked specifically with feedlots? MP.. SHUPE: Yes, Sir, I have. MR. HAMMOND: And when you sav you've worked specifically with feedlots, what kind of work have you done? MR: SHUPE: In the area of containment and treatment of wastes, specifically. MR. HAMMOND: And does that also necessarilyinvolve a concern of odor? MR. SHUPE: That's one of the waste products, .yes MR HAMMOND:' is the last project you, worked on this regard? MR. SHUPE: Oh, my goodness. MR. HAMMOND: Was there a pig operation? MR. SHUPE: Oh. We worked with pig feedlots, yes, breeding farms, that sort of thing, dairy 'farms ,within recent years. MR. HAMMOND: And have you specific... 34 8'70421 CHAIRMAN LACY: Just a moment, sir. I'd like to ask a question of Mr. Shupe, right at this moment, please. Mr. Shupe, do you consider there to be considerable amount of difference between a -dairy operation and a dry feedlot? MR. SHUPE: I think what has been said by the Health Department is generally true, that there is a difference, yes. CHAIRMAN LACY; Okay, :and between a pig operation and a dry feedlot? MR. SHUPE: In the, sense that the animals themselves are different, there is some difference, yes. CHAIRMAN LACY: No, I'm talking about odor problems_ MR. SHUPE: In terms of odor problems, the treatment of effluent, or waste products, from feedlots are not markedly different in philosophy. They differ somewhat in, degree, but not in philosophy. CHAIRMAN LACY: Okay, thank you. MR. HAMMOND: Pursuing that line of questioning, I think Mr. Lacy was getting to the point a little quicker than I was. I think this is a problem lawyers suffer. With regard to the problems as you see it, that might be incident to this proposal, can you identify those. MR_ SHUPE: I think one of the basic problems is odor control. As,a matter of fact._. MR. HAMMOND: Whataboutthe other ones?- MR. SHUPE: I am concerned particularly, as Mr. Nelson voiced a moment ago, about drainage and how it is contained and handled 35 870421 with respect to the natural drainage that goes through this property and to the Poudre River. MR. HAMMOND: Do you agree with what's been said with regard to the course and direction of the drainage? MR. SHUPE: Yes, I do. MR. HAMMOND: Now, when the statement was made that the way you control this odor is to contain it for about six or seven days, and at that magic stage when it begins to smell you dump it, where do you dump it? MR. SHUPE: That's a good question, and I don't think I have heard the answer here. CHAIRMAN LACY: Just a minute. Can we have it quiet in the audience, please_ We're trying to tape this. Would you please be quiet in the audience, please. Thank you. MR. HAMMOND: Go ahead, Mr. Shupe. MR. SHUPE: I have not heard an answer given to that, but... MR. HAMMOND: Well, from your understanding -of what's been said, what would happen? Would it dump to the north onto the adjoining property? MR. SHUPE: It certainly could. MR. HAMMOND: Well, where else would it go? MR. SHUPE: Well, the intention, I think, would betohaul it off -somewhere else, rather than to dump it into the drainage. I don't.know that for sure because I've heard no testimony. 36 870421. MR. HAMMOND: Then let's deal withthosetwo possibilities. If it is dumped in the sense that it is discharged, it would go on adjoining property. MR. SHUPE: It certainly would. MR. HAMMOND: And at that stage; it would be at its odorous best? MR. SHUPE: I would think so, or close to it. MR. HAMMOND: And then, it does get into the Poudre River? MR. SHUPE: It could, certainly. MR. HAMMOND: Well, that's where it ends up eventually, doesn't it? MR. SHUPE: If it is allowed to drain off naturally from this property, that's where it would go. Yes. MR. HAMMOND: Okay, and then, what is the effect upon the discharge into the Poudre River? Does it contaminate the river? MR. SHUPE: It .7ertainly does. MR. HAMMOND: Alright, let's suppose it's hauled off. Is there any rough way to calculate how many loads are required to haul off the effluent, or the discharge or the results of 20,000 head of sheep feeding? MR. SHUPE; I'm sure that there is a"way to calculate it, yes. MR. HAMMOND: Would ;,you 'say this would take'a lot of trucks? M.R. SHUPE: A lot, yes.. 3i 870421 MR. HAMMOND: Okay, now, with regard to the containment. We say that it is a flooding operation. What factors affect smell and odor? MR.. SHUPE: Well,. I think you've heard a lot of them mentioned; temperature, humidity, the amount o£ rainfall, wind velocities, wind directions, all of these things would have significant effects. MR. HAMMOND: And is it a fair statement for just us laymen to understand that if it's a nice, good, warm, dry day and it hasn't rained for twenty days and the wind's blowing the right direction, you won't smell anything from this operation? MR. SHUPE: I wouldn't say you wouldn't smell anything. The odor would be less under those conditions, certainly. MR. HAMMOND: Okay, and let's say that you. have the very worst of conditions --perhaps like we've had ,the last -week, where you've got a week, of high humidity and you have a lot of rain, and then let's say that's followed with some good warm weather. What's gonna happen? MR. SHUPE: You're, gonna generate some pretty good odors. MR. HAMMOND: And how far would that odor be expected to be noticable? MR.-SHUPE:From my own personal experience, I would see no way that it probably. MR. HAMMOND- could be contained in, less than four Now, when we say that catch the rainfall, the twenty --five year storm or the one that we 38 870421 experience every year, although it's not suppose to happen, or we experience throughout the summer, and we're going to catch this in a retention pond, is it possible to drain that so that it's odor -free as soon as it's drained or hauled of£? What happens to the residue? MP.. SHUPE: Well, I'm not sure 2 understand totally your question. MR. HAMMOND: well, let's suppose that you've got a retention pond and you open the gates and run it down to the Poudre River, and then you close the gates. .What happens to the pond? MR. SHUPE: Well, it smells for -a while, until it starts to build up... MR. HAMMOND: Okay, and if you give somebody a citation and that you give them a period of time within which to correct the condition, then does that mean that whether or not there is gonna be a problem is how frequently it rains? MR. SHUPE: Well certainly the rainfall frequency is a factor involved in this. - It is a repetitive cycle, and I think that's perhaps what you're getting at. MR.-HAMMOND: Okay. Then, if you have a situation like this, Mr. Shupe, andyourexperience and what, you're stating here to the Commission, is it going to be possible,, in all times of the year, to contain the odor within this property? MR. SHUPE: I don't believe that's possible, no. MR. HAMMOND: Would you say it's going to be possible to contain it within two or three miles? 39 670421. MR. SHUPE: I'd say that there is a strong likelihood that it is not possible. MR. HAMMOND: And you have heard a gentleman from Indianhead Subdivision, how far is Indianhead from this location? MR. SHUPE: Based on my map, it appears to be about half a mile. MR. HAMMOND: would it be affected by this operation? lva. SHUPE: If the wind direction were appropriate, it probablywould be, yes. MR. HAMMOND: Well now, don't give conditions here. We're living in an age when things, happen, and it does storm, and the winds do blow, and, in a given period o£ a year, is Indianhead gonna be affected. N.R. SHU7E: Certainly,_ because we do get winds from east to west. MR. HAMMOND: Okay. Now, you've heard Mr. Billings testify here and make statements that there's been planned developments within two miles of this area, or two miles away from gonna be -affected? MR. SHUPE: I would see no way in which affected, at least part of the time. MR. HAMMOND: How -would von it. It that be define neighborhood,. if I were to ask you, "Mr. Shupe, tell me what the neighborhood of this particular proposal that we have to consider." MR. SHUPE: I think neighborhood is a relative term based sphere of influence. on 40 8'70421 MR. HAMMOND: Well, if I was gonna go out there, and I was an energetic youngster that was gonna put up a Koolaid stand and I needed to have a permit for it, what would you say the neighborhood for that would be? MR. SHUPE: Well, walk-in trade, predominately, or drive --by trade, and in this neighborhood would be very small. MR. HAMMOND: When you're talking about a feedlot for 20,000 head of sheep, how would you define the neighborhood that might be affected by that? MR. SHUPE: I think its-neighborhood'is significantly larger, probably at least two miles in every direction. M.R. HAMMOND: Well, now, you've indicated previously that this might be as much as four or five miles. MR. SHUPE: It could be, yes. MR.. HAMMOND: Alright. If you are trying to discharge planning responsibilities `adequately, are you going to plan for ' what likely is to happen? MR. SHUPE: I thinkyou --have to at least look at the possibilities of what can happen, yes. MR. HAMMOND: So it is possible, then, that this could affect a neighborhood -up to four -or five miles away. M.R. SHUPE: - I would think so, _Tes. MR. HAMMOND: And there has been evidence -here, statements today-ofpeople,-people, two -significant ones.that are planned or -proposed within two miles _ 41 8'70421 MR. SHUPE: That's right. MR. HAMMOND: Mr. Shupe, you have been asked to represent Mr. Leonard, specifically. MR. SHUPE: That's correct. MR. HAMMOND: And you know where his land is. MR. SHUPE: _That's right. MR. HAMMOND: I£ this proposal is approved, what is his land good for? - MR. SHUPE About the same thing that it's being used for today. MR. HAMMOND: Dry land farming? MR. SHUPE: Yes. MR. HAMMOND: Okay. Does any of the Commission have questions of Mr. Shupe? CHAIRMAN LACY: Does anybody have any questions at this time? Okay. Thank you. MR. HAMMOND: I have just a brief summarizing comment, Mr. Chairman. When I came to Greeley and I represented Hewlett-Packard in their acquisition of land west of town, they surveyed the entire community, and the land that they picked was west of town, and they'did this because they felt that it was the most attractive entrance to the community. They felt that it had a superb view of the mountains. They -also knew thatitwas in the opposite direction of some feedyards thatyouall have over here. They selected that area because they believe -that the future of Greeley was going to go -in that direction. When they came to 42 870421. Greeley, their proposed location when they talked to the Rothe brothers was at least as far from the City at that time as this feedyard is being proposed today. The point I'm trying to make is that the applicant has a- responsibility to show this Commission that the proposed uses which they intend to make o£ the property will promote the health, safety, convenience, and general welfare of the present and the future residents of Weld County. Now there have been two gentlemen who preceeded me; one where there is an existing subdivision, another where substantial sums have apparently been expended on planned, future uses. It is our contention that this proposed use not only affect the people that are out there, it affects the planned future uses of the area and that the area includes the neighborhood which is going to be affected by this proposal. This is not something that is going to be able to be confined and contained..on these premises. Now there were a few comments made by the applicant. He said they had the support of Windsor. I don't know how far Windsor is away, imagine it's about six miles. If. I had my choice of having it within two miles of Windsor or up here on the hill, I think i£ I were in Windsor, I'd give it my support, too. CHAIRMAN ,LACY: For your information, Mr. Hammond, it is within two miles of thecity limits of Windsor. MR. HAMMOND: Of windsor? CHAIRMAN LACY: That is correct. They annexed the property. MR. HAMMOND:, _okay. I can't be persuaded that when land values change- significantly, that the -applicant will relocate. I 43 8'70421 can't be pursuaded that issuing citations for violations are going to curb the problem, because I think that when that happens it just means that there's a period of time in which somebody comes in compliance, and what does coming in compliance mean? Does it mean dumping or making a discharge? _I've not heard whether or not the proposed effluent is going to be hauled away, .or is the gate in the dam going to be pulled and it's discharged down the drainage. I was also kind of taken back when the justification for putting it in this location is the fact that, the statement, "there's a junk yard there already". I think you people have a beautiful entrance to your city. I think you have people already planning to enhance that and enlarge upon it. I certainly am not against people making use o£ their property, and enhancing the value and making their own personal use. I -just think that the obligations that fall upon the applicant to convince this Commission that they have satisfied the concerns about present and future uses has not been met, and I believe that there are better places in Weld County to establish this. Thank you. CHAIRMAN LACY: Any questions for Mr. Hammond? COMMISSIONER RIRBY: Yes, I do have a question. How much' adverse impact did the Hertzke Dairy have in Hewlett-Packard's findtothe, chose the particular site? It would be very similar in relationship. MR.. HAMMOND: We'reengaging in some hearsay here I can tell you what I know, and that is that the investigation that was done, it was realized that that was phasing out, that the land 44 8'70421. uses were of such value in the area and were attaining such value that those uses would be phased out. And I think that the company in that situation didn't pay much attention to it because they didn't feel it was gonna be there very long. COMMISSIONER KIRBY: Isn't it true that a dairy of that magnitude would have a much greater capital investment than a sheep operation to throw away and phase out? MR. HAMMOND: I don't know that we're talking about the capital investment so much as, in the dairy business, at that time, having represented a couple of dairy farmers at that time, they were trying to find ways to get out of the business. I think the concern that we have is more with the odor that's being resulted, and I think that the company's feeling at that time was simply that that wasn't gonna be a.problem very long. In our communications with the City and the planning department of this city, it was fairly obvious to us that the lands being bought and who was buying them and the prices that were being paid for them were such that it was only going to be a period of time until there was going to be a significant change in the character of the use of the area. And I think that's, for our concern here is that we're trying to say, look forward. CHAIRMAN LACY: Are there any further questions from the Board to Mr. Eammond? Okay. Next person up to speak, please. Come-on up, don't just, need to come up right away. MR. LIND: I'm Ted Lind and I live just three --quarters of mile downwind from this thing But that's not my only reasoning 45 870421 for coming. We are involved in annexation on the hill, annexed to Windsor, and that's two miles from the proposed lot. And all of you know agricultural hasn't been too great the last few years and I don't want to see our investment go down the tube, and I think that's what would happen with a feedlot. I was concerned about drainage, but that's been brought up so I won't go into that. But, the prevailing winds, I'll agree with you, they are from the northwest, but, in the evening, in the summer we always get breezes out o£ the southeast and that puts us in direct line tc the odor. And there's another thing, I've lived there all my life, I've even farmed that piece of ground. A half inch o£ rain makes it impossible to move a truck. It's a clay soil. An inch of rain and you don't move for a week. Now he's talking about moving this manure out, but you can't when it rains. It's just a fact that that soil gets saturated in the winter, and in spring you cannot move heavy equipment, and so I don't think there's been anyvpianning done on that end of it. And my main concern is, that area is in a path of growth, and I don't want to see it ruined with a feedlot. :And that's a fact. CHAIRMAN LACY: Are there any questions for Mr. Lind from the Board? Thank you. MS. SAFARIK: My name is Rebecca Safarik. I'm with the Greeley City Planning Department_ Earlier this morning you received a letter from the Greeley City Council which indicated that, -while -the Council felt like an operation as is being proposed by Mr. Bragdon is an asset to the community, 'that the 46 870421. location is inappropriate, given the community's growth and development patterns. You're also in receipt, or I believe, have among your files, the recommendations by the Greeley Planning Commission which also recommended objection to this use and, not to belabor any of the points that you've already had with regard to this, but a couple of items I'd like to accentuate that had a great deal to do with the Planning Commission's evaluation of this concern_ One is that by our calculations this proposed use is approximately 3.3 times as intense as the animal unit intensity for the by -right agricultural sheep feedlot uses. Obviously, environmental impacts are paramount to the City's interest in this. While it was felt that some screening of the area would help mitigate the visual impact, it was never resolved in the City's mind that the odor and dust could be effectively mitigated. With regard to environmental. concerns, I think the important thing to realize is that, again, as has been represented before, that by the time the odor is detected, the impression has already been made on the passing motorist or the individual visiting the community, and certainly the residents in the area. We have a severe concern that this will exacerbate the concerns that will be" experienced by interest for development in this area. Another concern relates to the water transmission line., The City does have an easement that runs through that area. It's been represented to us that, through our water department, that the only taps that are available to rir_ Bragdon are domestic taps for an office and house. We -.are not aware of any interest that he 47 870421 has, and I do not know how he would receive water for his feedlot operation. Any permit to tap off that transmission line would have to be reviewed by the City Council and that has not been made. I think that the final statement that we'd like to make is that we have reviewed development that's within two miles o£ our urbanized -area. While we expect our long-range expected growth area anticipates .urbanization, actual build out of this area within the next fifteen to twenty years, we have a great concern with the kind of. entry ways that we have in our community. And our. Comprehensive Plan specifically calls out activities and recommendations which would make sure that those important corridors that provide access to our community are protected and enhanced as much as possible. And the other Planning Commission recommendations that have been made with other similar uses accentuate and repeat and have been consistent with the environmental concerns that we expressed with regard to this use as well. If you have any questions I'd be glad to try to address those. CHAIRMAN LACY: Are there any questions for Ms. Safari.k from the Board? Okay. Next. Let's.come up. Just come on, please. MS. MCKEE: My name is Alma Zeiler McKee, and I'm here to represent Zeiler Farms, Incorporated, which is within 500 feet ;of the proposed feedlot. And,I just want to say that we are against it. CHAIRMAN LACY: Axe there any questions?I'm sorry. Next. Come on up; if someone wants to speak, -just right as soon as one 48 870421. speaker gets through, the other needs to speak. MR. PLATT: I'm Frank Platt, and we own Elder Dairy, which is just north of the proposed site. We are against it. Our reasonings are a little different than others. In some aspects we are concerned with the possibility of disease passing from the sheep to our registered dairy herd. I do have a letter from our veterinarian stating some of the problems and I would like to pass them out to you. (Whereupon Mr. Platt distributed copies of a letter to the Board.) We do export cattle and our main concern is Blue Tongue. This was brought up at the other hearing and it got mixed up. Cattle do not die from Blue Tongue, but they become carriers, and if they are a carrier of Blue Tongue, then foreign countries will not accept them. We have exported cattle to France, Korea, the Philippines and Mexico and we feel that a sheep operation of this size, with sheep coming in from all parts of the country would make our chances of our cattle getting Blue Tongue a lot greater than what they are today. We also are concerned with dust pneumonia, dust coming from the feedlot and settling on our calves, and we just feel that a feedlot of this size is too big' for this area and we are definitely against it. CHAIRMAN LACY: -Do you have any questions for Mr. Platt, does the Board have any questions? Thank you. Next. MR. AAS My name is Eric P_as ` and I am: a resident in the northeast quarter of section; eight, and I am only a resident there. I own 26 acres there, and it's a nice place to live. The one please come -up if someone 49 8'70421. drainage, or where thin water will eventually drain from the sheep operation, goes through the corner o£ my property. And I'm concerned about the pollution aspects of that water going through there. And I am definitely concerned about the odor that we will experience there, so. That's. all I have to say. Thank you. CHAIRMAN LACY: What was your last name? MR. AAS: Aas. CHAIRMAN LACY: Haas? MR. AAS: It's spelled A -A -S. CHAIRMAN LACY: Oh. Okay. I didn't know whether it was Haas or Aas. Okay, are there any questions from the Board? Thank you. Next. MR. WEINMEISTER: My name is Carry Weinmeister. I live at 28649 Weld County Road 17, just to the north of the proposed feedlot, and I would like to say that we are opposed to the feedlot for all of the reasonsstated before, but I'd like to address a couple of other reasons. And I think that the main reason is the human factorinvolved and the population density of that area and the fact that nearly all of the residents in that area are against this feedlot. Section eight alone. has 15 houses on it. The Indianhead Estates Subdivisions which was mentioned earlier, begins one-half mile from this land, and I guess the thing that I'd like to do right now is to present a petition that we circulated in the area. The petition says, "We, the undersigned, do oppose the proposed livestock confinement operation for 20,000 head of sheep to located at the southeast 50 870421 quarter of Section 8, Tovnship 5 North, Range 67 West of the 6th P.M., Weld County, Colorado." We have 62 signatures on this petition and we were not 'able to contact everybody within this area. But I'd like to say that this petition represents signatures from the Indianhead Estates and it represents signatures from virtually all of the farmland to the west and to the north of that proposed area, from Highway 34 to the present Windsor city limits. CHAIRMAN LACY: You may present those to Mr. Barker, please. (Whereupon a petition was presented to Mr. Barker.) MR. BARKER: Need to note it Exhibit P. MR. WEINMEISTER: And Iwould like to say I'm not sure, if those petitions are technically correct, but 2 think that the message is there. The people in that area do not want this feedlot located there. CHAIRMAN .LACY: Are there any questions for Mr. Weinmeister from the Board? Thank you. Next. MR. KONKEL: My name is Mike Konkel. I'm an independent business person in this town of Greeley. I'm also in the agri-business deal. Been in this area for over ten years. I'd like to take this time. I've heard a lot of hype and rhetoric of what I think is, we're talking about speculation and what is going to happen out west in the Golden Triangle. As farasMr.' Bragdon is concerned, I think we're looking at a factual thing that's agri-business very closely, in this area. I've worked with the and I think, you know, if 51 8'7042. we go to look at our seal right up there, of Weld County, what we're talking about here in Weld County, we're talking about agriculture. This is the agricultural base and economy in this County. I realize that as well as anybcdy. I think when I seen these charts and stuff up here, I wish they would have left them up here, but you got Winn's feedlot, you've got Croissants down to the south, which Mr. Bragdon brought up. These aren't 1,000 head feedlots, these are 2,00O plus head feedlots. They're year around. I think if you was going to see an environmental impact, you would have already seen it from these feedlots. Also, you've got the Hertzke Dairy. And I've heard some comments about health problems. I think that that's all been stated here by the Health Department. That's the reason we hire these people, is to do these surveys. And the Planning Commission has already approved this. So I guess, you know, I really can't, I can understand the concern and wanting growth in Greeley, but I think that Mr. Bragdon here, I've known him personally for years, well -run and good operation. And I think that he needs, you really need to go along with the Planning Commission on what they've suggested. CHAIRMAN LACY: Are there any questions of the gentleman at this time from the Board? Thank you. I thought the map was supposed to be left here. I thought that was part -of the exhibit. It is -marked as an exhibit.' MR. .NELSON: It is, Mr. Chairman. And I was just taking it -down, folding it up and getting it into reasonable 8'70421. 52 CHAIRMAN LACY: Well, let's leave it up. Let's leave it up, so we can look at it. MR. NELSON: Oh, you want to leave it up? CHAIRMAN LACY: Yes, if you would please. I would like to leave it up, if you would please: Yes maam, go ahead. MS. HARTSHORN: I'm Judy Hartshorn. We live at 28653 Weld County Road 17. We're just north of the proposed site. Mr. Bragdon, we're your neighbors. But I talked to Ed Skaggs last night and he said he didn't care one way or the other. His house is where your house, it's right by your house. We're going to be right next to the sheep. The only thing between us and the proposed sheep is a ditch. We had about 1,000 head of sheep come on that land to graze, about eight or nine years ago. My oldest son has asthma and allergies and we had him on medication the whole time they were there. .They got out, they ate our trees, the sheep herder poisoned the dogs because they chased the sheep off our land to keep them out of the trees. So, I don't have good feelings toward sheep. That was only a thousand head. I_can't imagine 2O times that. Also,•everybody's reasoning I agree With. I'm against it for those -reasons. The ponds that we have sight below, -well it was Jeffers pond, it drains right into it, it has flooded two times in the past three years, so bad that we've had to rebuild: Jeffers used to irrigate from that land, so water would go into the pond, he'd pump the water up to the top where he proposes the sheep to be, and it would naturally drain right back down into the ponds, so.I don't think that there is any way we can 53 8'70421 keep the sheep remains from going back into that pond. Have any questions? CHAIRMAN LACY: Are there any questions for Ms. Hartshorn? Thank you. Next. Gonna let you make it this time. MR, WEILER: Hello, my name's Brad Weiler, and I live at 28641 Weld County Road 17. I live with my parents, it's their property, and Mr. Bragdon's feedlot will be directly adjoining our property. We don't even have a ditch in between us, so... I agree with what most people have said here opposing it. I have a couple of letters here, one from my parents, one from the former farmer, Mary Mellon. He would like to explain a few things, so he wrote a letter. And, I do believe the reasoning that Mr. Bragdon wanted to use the east side of the said farm for the feedlot corrals was because it was basically unirrigatible because of lack of water and it would basically be dry land and, in speaking with Mr. Mellon, he said there is a pump on the west side of the farm that has enough of a head behind it, you can run a ditch to the east side and irrigate the whole east side. The reason there is a pump an the bottom where the pond is is because Jeffers decided that was better to use that as a recycling pond, it was centrally located, you could re -use your water and get twice as much coverage out of the same amount. And, as far as the 25 to 50 year flood, well, it happens basically about every other year, which, let's see here,,I have it written down. We've lived but there, I should say, that we've lived out there for about 16 years, and we bought it in '71. "In '72, '73, '76,`'80, '83, '86 and '84. It's 54 870421 got where the top of the upper pond, there are two ponds, if I can find it, well, .there's a pond here and a lower pond (indicating on map). Mr. Bragdon has the upper pond and Mrs. Hartshorn and her husband and my parents share the other pond, and you can see, I've got some pictures here If anybody wants to look at them, who do CHAIRMAN LACY: If you want to make those part of the exhibits, you may. MR. WEILER: Oh that's fine. That's what I got them for. (whereupon Mr._weiler submitted pictures.) But, I believe it was the '84 flood, it actually washed a Volkswagen off of 34 into the median, upside down. That's what kind of rains we get. out there, and they're almost every year. So, that's my comment. CHAIRMAN LACY: Okay. Does the Board have any questions for Mr. Weiler? Thank you. Next. MR. SCHMERGE: My name is Tom Schmerge_ I own property just north of where they're talking about putting the sheep. It's approximately three quarters of a mile north. Most of the ponds the people are talking about draining off of are ponds that are on a little stream that runs through there. There are also a couple other ponds in, that area which are not running water ponds that do drain from this same area. There are two or three ponds on the 47 acres right next to them that are basically standing water all year round. Those ponds feed a 'pond that is directly on my property, which is basically -standing water all year round. Since we had the -rain -last week, it is running water through; my pond 55 870421 right now, but most of the time it is standing water, and I am opposed to having any sheep up there that is going to drain water, ruin my pond. We currently use the pond for swimming. If you put sheep there, I don't think it'll be used for swimming at all. As far as the area not being developed, there are at least two houses that have goneinthat area in just the last vear, so I think it is a developed area. CHAIRMAN LACY: Is that all you have? Is there any questions for Mr. Schmerge? Thank you. Next. N.R. STROH: I'm Dan Stroh. I reside at 0255 Weld County Road 46, which is west of Berthoud, and I represent a whole different party in this particular matter, who happens to be the seller of this particular farm by way of his attorney and legalcounselin Loveland, Robert Ausenhus. And we have Stroh and Company Realty and Auctions in Loveland. Just very briefly, I've sat and listened to this. We happened to be involved as an expert witness when Indianhills made a significant impact on an agricultural area, which happens to be zoned farming and agriculture, and the Amen Feedlot and the Frank Feedlots and the Croissant Feedlots and all of them were all there when the developers did choose to put that in. We also happen to be developers and have developed in and around Loveland and I have been involved in development in Weld County, and of course, as you heard, we reside in Weld County and have farms west o£ Berthoud. and I have followed cetera, the Golden I was also interested ,to hear, way -of -the Loveland Chamber of Commerce, et Triangledevelopment, and I• find it a little 56 870421. bit irterestina, just from the standpoint of a developer, irregardless of a agricultural concern, that 2 had this farm on the market for in excess of a year, for $1500 an acre to $1200 an acre, and had one offer on the farm, and that was from Mr. Bragdon. I am really overwhelmed of how desireable this property is and how big of an impact it does have economically to this area. And again, we were able to work with Feld County and Indianhills when they made such a negative impact on the agricultural community between Greeley and Loveland. I find another thing that's very interesting to me is why Mr. Bragdon, at all, would build a multi, hundreds of thousands of dollars, property investment in this property and buy 150 acres where he could have built a smaller acreage and then reside on the property himself and move his family on the property if he wasn't going to take care of it. I also ,find it very hard to believe why he would build these hundreds of thousands of dollars worth of property and comply with the 19 requirements of the County, which are very very restrictive and very, very expensive. And I understand why the County would ask him to do that and I think that's rightfully so. Where he has committed to comply with those stringent of development rules and then live on the property himself and spend extra thousands and thousands of dollars, as I've seen his project, as I'm sure all of the neighbors have very diligently studied his project, too, as to what the runoff rights and that type of thing would be. We've got the Field County Planning Commission, of which I happen to come over and sit through again 57 t370421 on the behalf of the seller of the property. I might add, this farm happens to be in foreclosure and will go through foreclosure and the previous tenant that farmed this farm also went through a foreclosure auction. So, it maybe hasn't been awfully economic for the whole area and for the County. I've sat and we've done a number of developmentsin and around and I've listened to the County Health Department standards and we've, Mr. Bragdon has said that he would comply with that, he's got a past history of compliance and of doing well with his neighboring areas and of raising the sheep. It is a lot of sheep, there's no question about it. It's also a lot of revenue. It's also a lot of tax base. I just got my tax notice, too, and I know what Weld County is doing with the taxes. We're looking for economic development. Economic development doesn't just mean a bedroom community. It doesn't just mean golf courses, it doesn't just mean residences. It means revenues of all types. You happen to have an 80 acre minimum building lot requirement in Weld County, and I also found it interesting at the Planning Commission that a lot of the folks that got up and spoke, they had three acres, they had five acres. They went through the Special Review process on a consistent basis, as did Indianhills. Which is, of course, the same project that they're doing here. ,; I also find that, with the Special Review process, with your 80 acre minimum building lot size is somewhat inconsistent with what all of the development and growth potential that Weld County all of a sudden is so concerned with, with the exclusion of agriculture. So, from that standpoint, those are just some of the comments that S wanted to make. Thank you very much. CHAIRMAN! LACY: Are there any questions for Mr. Stroh from the Board? Thank you. MR. STROH: Thank you. CHAIRMAN LACY: Does anyone else care to speak at this time? Okay. Once again, I would ask if there was anyone else that would care to speak? Mr. Bragdon and Mr_ Ray, are you prepared for your comments and rebuttal to the comments made by the COMMISSIONER JOHNSON: Mr. Chairman, in .case they're .not, I might suggest we take about a'ten minute recess. Would.that be alright? CHAIRMAN LACY: Okay._ (Let the record reflect that a short recess was held at this time.) CHAIRMAN LACY: Okay, we will reconvene, and at this time Mr. ' Billings has two exhibits that he would like to ... MR. BILLINGS: Mr. Chairman, these are two legal -size documents as far as your requirements, which I failed to give to you, even though I reduced these documents in -the cover letter and material I gave you. One has to do with the Golden Triangle North, which is the -residential and golf course area. The other is the legal -survey of the. entire property. (Whereupon Mr. Billings submitted.the documents to the Board.) CHAIRMAN LACY:: Okay. Thank you. Okay, at this time we would then have the representative or his ... Mr. Bragdon. 59 8'70421 MR. RAY: Mr. Chairman, I will be brief. Too much time is gone now. The people that took the longest in this hearing, I find it somewhat unique, for the Golden Triangle and for the Leonard family, did not bother, i£ you'll look at your records, to appear at the Planning Commission hearing. Now, there's a purpose for that hearing, so that they can voice objections, so the Planning Commission can take those into consideration in formulating their requirements. They didn't even bother to appear, so if their concerns are really so great and i£ they really think it's such a problem, you would think that they would bother to appear at that. Obviously, we're talking money at the Golden Triangle, and we're talking about people who have vested interest. But the thing you've got to keep in mind is that, if it comes to fruition, and you don't know if it's going to, if it does it's two miles away. It's two miles from this proposed site. We hear all this talk like it's really going to be an impact, like it's right next door. But it isn't, it's two miles away. ',would ask you to remember that. The. homeowners in the - area have complained, have objected, I should say. You would expect the homeowners to object. Everyone wants a park next door to them. But a lot of people want ,to live in •the country, too. But they want to live in the country and have a park next to them. Well that isn't what they signed up for when they got their permit to build in the country, when, they build in an agricultural zone. take not only the good parts of that but the bad parts of that. The bad parts of living in an agricultural zone 60 8"70421 is, you're gonna have some agriculture business in the zone, hopefully. And these people that have complained, l want you to remember, not one of them has voiced any complaint about the dairies, the Hertzke Dairies or the other dairy or the feedlots. But they have all said, "We think this is what's going to happen." Those aren't facts. Those are assumptions and forecasts, but they're not facts. If you follow the complaints of the people here, and I submit they are nothing but conclusions and opinions, what they're asking to do is to throw out your own Planning staff, throw out your own Planning Commission and throw out your Health Department. Throw out all these agencies that have employed and you have working for you and take the complaints and the conclusions of these people that testified today. I would submit that's not what your own ordinances call for. - I would also say that all we have from all these people is hearsay. You've got letters that we haven't even seen, you've got all kinds o£ documents that we haven't seen, that somebody says something_ We don't even know what they say. But that's not what you're charged with.' You're charged with accumulating facts and making your decision based on facts. The facts are that you have a man before you who has applied for a use that is permitted in this zone. You have a man who has experience in this kind of activity. You have a man who's gonna live on the property in question. You have a man that, during his experience never had a complaint filed against him. _You have a man who -is trying to put something -viable into distressed agriculture economy, that is' allowed for by your 61 8'70421 own Comprehensive Plan. And all the people in opposition to that are people who either chose to live in the country and now don't want to take the bad with the good or people who have a vested interest in saying this might impact what we're trying to do two miles away. But you don't have any £acts. And I submit to you that you are charged, that you must prove this unless you find that Mr. Bragdon has failed to comply with Section 24.4.2, 24.5, or 24_6, because that is found in your own ordinance. 24.4.2 says you must allow the use unless you find that he is not in compliance I will submit there is not one fact before this Board to show that he is not in compliance with all three of those regulations. We would ask you to direct approval. Thank you. CHAIRMAN LACY: Are there any questions for Mr. Ray from the Board at this time? Thank you. I do have: a specific question of the applicant if he would come forward, please. And I, there was some concern expressed, Mr. Bragdon, that, to get rid of the drainage, the water, it was just going to be dumped out into the river, or into that drainage area. Could you explain, and I'm not sure that you didn't before, but would you explain that in a short few simple sentences what you're planning to do. MR. B.'RAGDON: Right. _T did speak; to that, but I didn't detail it at all. -There's 150 acres on the whole Lot B and the row crop farming that is now, well it's in row crop farming. at present, will be converted to pasture. converted to, pasture is so we can evacuate the retention ponds. -for whatever waste water, effluent, would accumulate in the retention 62 870424. ponds back to the pasture. Where there's a row crop farm, fair chances are that in ,certain periods of the year, for whatever the crop season progress might be, you could not evacuate the pond. If it's a pasture, you could do that any time of the year. You could say, well you're not gonna get any soil absorption throughout the winter months when the soil is frozen, but chances are, when soil is frozen we're not going to get that kind of moisture accumulations that we're talking about, in the 25 -year, 24 -hour storm. Those periods come in spring, summer and fall. That obviously provides for the percolation of the irrigation back of the effluent, which is just like reapplying farmyard manure back to the farm for fertilizer. It's just in a liquid state, so, it would all be converted to pasture operations so it will -enable that,Gordon. CHAIRMAN LACY: Is there any more questions, or any further questions for Mr. Bragdon?: COMMISSIONER BPANTNER: Mr. Bragdon, is it possible to over fertilize? Could you reach a saturation point where you would actually burn your crops with that typeof effluent? MR. BRAGDON: Not as far as the nitrogens in the waste water. I think a problem with applying fertilizer or manuresto farm ground is the salt content` of the manure and we feed minimal amounts o£ salts to sheep. Sheep do not require the salt that cattle do, se `consequently the salt -water in the waste water runoff would be minimal: ".Nitrogens, no. If we were to try to irrigate a 40 -acre parcel, perhaps, with the, you might see sole 63 870421. possible burning from nitrogen content. But we're going to spread it out as much as we can so we're not getting any crop or pasture burning from nitrogen. COMMISSIONER BRANTNER: I'll direct my next question to Wes Potter. Is there an odor involved when they're pumping this effluent back onto the pasture? I'm ,assuming they're going to use sprinklers, now this water's out here going to settle. Is there an odor problem there? MR. POTTER: The potential does exist in any time. If the ponds are anaerobic at the time that they are pumping them, then there is a potential for odor. If they are aerobic at the time they are pumping them, the potential is dramatically reduced as to the. amount of odor. The potential does exist for the water to have an odor problem if it is anaerobic at the time it is being pumped. CHAIRMAN LACY: Are there further questions from the Board to the applicant or to staff? I guess one question that I don't know that the applicant was asked, I believe that it was, yes, but you do agree to the 19 Development Standards that are set up by the Planning staff and by the Health Department, vou'do agree to those? MR. BRAGDON:Correct: CHAIRMAN LACY: Okay.'.Thank'you. I would entertain a motion at this time.. 64 8'70422 COMMISSIONER JOHNSON:I will put a motion on the table so that we can get the discussion going and my motion will be to deny the application. COMMISSIONER YAMAGUCHI: I second that. COMMISSIONER JOHNSON: I have, it seems like some of these are just so terribly difficult even to verbalize the thinking. I think we've got a couple of issues here. In my mind at least. One is an issue of current compatibility with the operation, of this operation with the existing neighborhood. And the other is probably the more difficult issue, and that is the issue of planning and how far ahead we can look and how much we think will happen. And I guess I, in my own mind, liken that problem to the problem I'm facing right now with the raising of two teenagers. think in both cases you have to look a long ways ahead as you look to an end product. I think it's easy to get discouraged. In the case of teenagers, for reasons that are obvious. In the case o£ planning, for reasons of bad economic times or lack of activity or whatever. So I think what you have to do in both cases is to look for certain indicators on which to base your judgments and your outlook for the future. In the case of kids, I guess you look at the family environment, you look at the influence of their peers, you look at their own history of behavior. In the case of planning I think the indicators include things like the long-range plans of surrounding municipalities. Not only those long-range plans, but how willing have the municipalities been to back those plans up with some actual activity. I think you look at 65 870421 historical growth patterns. What's happened over a period of ten or twenty years, where has development occurred, what has happened historically. And I guess, based on those things, it seems to me we find ourselves here, kind of, and what often happens is you look at economic development in an area, you have some real conflict. On the one hand the development of agricultural activity and agri-business such as this one is, is highly desirable for many of the reasons that the applicant outlined. But i£ that activity is located in such a spot that it, in your view, in the future will <limit other kinds of economic development, then I think you have the responsibility as a planning agency to prevent that conflict in the future, based on what you believe is going to happen. Therefore, I guess I, this is kind of a long way of getting around saying_ that, in the standards to which we apply for our findings I think it's fair to say that I do not find, based on my view of what's going to happen in the future, based upon the indicators that the testimony has been presented to us, the development of the Golden Triangle, the potential there, the existence of Kodak, the existence of some other industry, the general trend towards westward development in this area, I would say that the uses will not be compatible with the future development of the surrounding area as permitted by the existing zone and the future development projected by the Comprehensive Plan of the County and the adopted Master Plans of the affected'municipalities. I would additionally say that there are still doubts in my mind, despite the testimony, and because of 8'70421. the testimony, both, adequate protection inhabitants, and we that the Development Standards do provide for of the safety, health and do have substantial who live in the area who have raised, welfare of the number of people present I think, valid concerns about the ability of the applicant to not affect the health, safety and welfare of their lives. So, move for the denial of this application. CHAIRMAN LACY: Motion to deny the application by Jackie and seconded by Frank. Further discussion by the Board? COMMISSIONER BRANTNER: I'll make a short comment. I'm going to vote for the motion. I would agree with everything that Jackie has said. My philosophy has been when I came onto the Board, and I think it still is the same, that a person should have the right to do with his property as he sees fit. If he wants to turn it on end, or if he wants to do nothing with it, or if he wants to let ,weeds grow, he should be able to do that. That's our freedoms. However, I don't think that he should have an impact upon his neighbor. And I think that's what's happening here.It is a difficult decision. We need markets for farm products. This is an agricultural county. But I think this is"the wrong place for this. It is not compatible with the intent that it is headed, and so, therefore, I'll vote for the motion. for those two reasons, I CHAIRMAN LACY: Further discussion? COMMISSIONER KIRBY: ',I don't really have discussion. I will state the reasons down the list for my vote when the time comes. 67 8'70421. CHAIRMAN ,LACY: Okay, All right. I will do the same. I will, and I believe I would state at this time, I will vote against the motion. I believe that the proposal is definitely consistent with the Weld County Comprehensive Plan and I'm going to go ahead with these and then I will vote at that time. It is consistent with the intent of the district in which the use is located and it is compatible with the existing surrounding land uses at the present time. I will agree that it is not compatible with future development of the surrounding area, but we're looking 20 years from now. We're looking over a long time down the road, and at that time I would have to state in respect that many years ago I was before this Board and other boards, and at that time I agreed, as has been done today, to move my operation if the area ever grew into that area. That was some 20 years ago and I was only half a Zile away and the area hasn't grown yet. And so I think the man has; Air. Bragdon'has, said that he would move and I think that would be one stipulation that I would make him required i£ this were to be voted through. If it is located in an A District, he is using a diligent effort as he stated to conserve the productive agricultural land in the location for the proposed use. And I do believe -that our Health Department and that the Development .Standards that'. -are here are as tight, tighter, than most standards in most areas. There'll be more odor in a cracking "plant in Denver than there will be off of this feedlot. I feel that you can drive down I-76 and you get; the odor from the disposal plant from Morthglenn-or whatever it is right along z-76 ' 68 8'70;421 and I feel that we're talking about much tighter regulations in this deal. So my vote will be against the denial. Do you care not to say anything at the present time, Bill? COMMISSIONER KIRBY: I'll go ahead and make my statements. This is as near a 50-50 decision as anything I've ever seen, and as we go down the USR standards I'll address each one of them. I think it's obvious you do have three votes for denial, for the motion which would be denial. And I guess I will go along with that. And this is the most difficult decision I have had in six or so years, I've ever had to go through some of these hearings. I'm going to say firstthatthe proposal is, and I'll underline is, consistent with the Weld County Comprehensive Plan. Very definitely. No ,question about it in my opinion. But this is another example of something that I have talked about somewhat when we were reviewing our Comprehensive Plan. It indicates that revisions, even though we just re -did it, are in order again if this is the decision of the Board today, and I think it is. We, I think, probably have evidence of some faulty zoning nut there. Although it might not have been originally. The question that the proposal is consistent with the intent of the district in which the use is located.You know it's almost ayes and no. It would be except for the Greeley's newer annexation and the plans that are involvedwhich is a'valid consideration. It is within two miles of some dreamed -of and hoped -for growth at least, I would say. So that is a big question mark. That the uses which would be permitted will be compatible with the existing surrounding land 69 870421 uses. That's also yes and no. It's compatible with part of the uses that are simply dry -land wheat farming, it's not compatible with the hoped -for uses o£ many people that do have visions of development in their eyes, and there are some attractive acreages as well as a very attractive subdivision in the area, although I don't think it would necessarily be that adversely affected if the lot is run as well as I think_ it would be by Mr. Bragdon. The question that the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone .and, with future development as projected by the Comprehensive Plan of the County, or the adopted Master Plans of the affected municipalities. Well, you have a yes on the beginnings of that and no in regard to the Master plan of the municipality. So another conflict in our own set of USR standards. That if the use is proposed ₹o be located in the A district, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for definite yes. I think making a use that will past with that property, the proposed use. I think that's a very it goes beyond that, even. I think he's be much better than has been used in the since it was a property that did tend to erode, was not, because of being cut up a bit and a little bit rough, was not even prime-ag land probably, in some respects as a whole, for the farm, a very 'desireable•plan for a mixed use_of the feedlot and ag for production., and certainly a good economic support to the ag economy of: the area by using' bi-products-and 70 870421 that sort of thing and providing much needed fertilizer for much of that area within a five or six mile area. The last item, that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. I ;think this is one of the best presented plans for a feedlot of that size which, though the numbers sound big, is not an extremely large feedlot since lambs are, by our definition, roughly ten lambs to one -animal unit. The setbacks, I thought, and the screening were addressed extremely well and the method of disposal of waste was addressed, I think, quite professionally and well and, with a man that's a real professional in his business_ So, as I say, we have probably the most difficult problem that z have seen, but it is the gateway to a growing area. We had overwhelming opposition from the residents in the area and I guess that does indicate roncompatibility with the area. So I'll vote with the motion. CHAIRMAN LACY: Further discussion by the Board? The motion by Jackie, seconded by Frank, is to deny. At this time we'll have roll call. (Let the record reflect that a roll call vote was taken and' the motion passed 4-1, with Chairman Lacy voting nay and all other Commissioners voting aye.) CHAIRMAN LACY:' The USR is denied. 71 870421 RESOLUTION RE: DENY USE BY SPECIAL; REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR 20,000 HEAD OF SHEEP - GARY BRAGDON WHEREAS; the Board o£ 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 27th day of May, 1987, at the hour of 2:00 p.m. in the': -Chambers -of .the !Board_.'for' the purpose. o£ hearing the application of Gary Bragdon, 4106 22nd Street, Greeley, Colorado 80634, for a Use by Special Review for a livestock confinement operation for-20;000:head of sheep on the following described real estate, to -wit: The SE; of Section 8, Township_5 North;:Range - 67:West of the 6th -P.M., Weld County, Colorado ._ WHEREAS,; -said applicant was represented by Robert E. Bay, Attorney, and' 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 testimony and statements -of of the applicant. and'zthe Flanninq Commission and all in this matter and,. having. request shall be denied for County Commissioners heard all of the those present, has studied the request recommendations of the Weld County of the exhibits and evidence presented -been fully informed, finds that this the following reasons: 1._ It_is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The uses which would be permitted will not be compatible with the existing surrounding land uses. b. The uses which would be permitted will not be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the. County and plan of the City of Greeley. CC : Appi f7 870421 Page 2 RE: DENY USR - BRAGDON c. It is doubtful that there is adequate provision for .the protection of the health, safety and welfare o£ the inhabitants .of the neighborhood and the County. -NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,. Colorado, that the. application fora Use by=>Special Review: .for 'livestock _confinement. operation for 20,000 head of sheep on the hereinabove described -parcel of land be, -and hereby is, denied_ . The:above-and foregoing Resolution was, on motion duly_made and seconded, adopted by the following vote on the 27th day of May,-A;D.,-1987. ATTEST: - +, BOARD OF -COUNTY COMMISSIONERS WELD COUNTYJ, c ORADO . Weld County:CSerk and Recorder , (NAY) and Clerk to the Board BY: a C /a, Deputy County lerk APPROVED AS TO FORM: ,County Attorney irman (AYE) Kilt) , Pr• Tem Gene,R_'Sran ner (AYE) EXCUSED DATE OF SIGNING (AYE) _Jac ele.-Johns y Frank: amaguchi - (AYE) 870421 REARING CERTIFICATION DOCKET NO. 87-19 RE:: USE BY -SPECIAL REVIEW FOR A. .LIVESTOCK CONFINEMENT OPERATION FOR 20,000 HEAD OF SHEEP - GARY BRAGDON_ A ;public hearing was following present: conducted on May 27, 1957, at 2:00 P.M., with the Commissicner.Gordon-E, Lacy, -Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene-Brantner Commissioner Jacqueline Johnson Commissioner -Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney,Thomas O. David Planning Department representative; Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated May 4, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Gary Bragdon for a Use by Special Review for a livestock confinement operation for 20,000 head o£ sheep. Tom David, County Attorney, made this matter of record. Lanell Swanson, Planning Department representative, read the favorable recommendation of the Planning Commission, which is subject to three Conditions and nineteen Development Standards, into the record. Attorney Bob Ray came forward to represent the applicant. He stated that there are already four feedlots and two dairies in this area. Gary Bragdon, the applicant, came forward to present information regarding his personal qualifications and the proposed operation. Responding to a question from Commissioner Johnson regarding Development Standard 118, Wes Potter, Health Department representative, explained the residential odor atanderds and stated that he feels those standards can be adhered to on this property. Those who came forward to comment concerning this request included: Glenn Billings, representing the present owners and the developer of the Golden Triangle area; (Tape Change 987-39) Vern Nelson, of Nelson Engineers; and James Long, president of Indianhead Homeowners Association. Lynn Hammond, Attorney representing Donald Leonard, submitted a letter from David Shupe,. an engineer with Landmark Engineering, and asked Mr. Shupe questions concerning the impact this proposal would have on surrounding areas. Also speaking were: Ted Lind, a neighbor; Rebecca Safarik, of the Greeley Planning Department; (Let the record reflect that Bruce T. Barker, Assistant County Attorney, replaced Mr. David.) Alma Zeiler McKee, representing Zeiler Farms; Frank Platt, owner of a nearby dairy who spoke of the. possibility of transmitted diseases; Eric Aas, a nearby resident; Garry Weinmeister, who presented a petition in opposition; Mike Connell, who spoke in favor of the application; Judy Hartshorn, a neighbor opposed to expected dust; Brad Heiler, who submitted letters from his parents and a .former owner of the property; Tom Schmerge, who owns property in the area; and Dan Stroh, realtor representing the seller of this property. After a short break, Mr. Ray presented a short rebuttal, stating that this application is in compliance with the Weld County Zoning Ordinance. (Let the record reflect that Lee D. Morrison, Assistant County Attorney, has replaced Mr. -Barker.) After -discussion regarding drainage and odor, Commissioner Johnson moved to deny the request for a Use by Special Review, based upon the proposed future use of the neighborhood and the 870412 FL of r`t Page 2 CERTIFICATION: USR - BRAGDON doubt that there is adequate provision for the protection of the health, safety and welfare of .the neighborhood. The motion was seconded by Commissioner Yamaguchi. Commissioner Brantner said that he will vote for the motion. Chairman Lacy said he will vote against the motion and gave his reasons for doing so. Commissioner Kirby reviewed the criteria for granting a Use by Special Review and stated that he will vote for the motion. (Tape ,Change #87-40) On a roll call vote, the motion to deny the Use by Special Review carried 4-1, with Chairman Lacy casting the dissenting vote. This Certification was approved on the 1st day -of June, 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Board By: Deputy County Clerk TAPE #87-38; #87-39'& #8,7-40 ' DOCKET #87-19 P01'17' Go{do Kirby, ro-Te Gene R. Brantner EXCUSED :DATE OF APPROVAL 870412 „n\e fit. WaKres-&.4QAA AMU j h-re?ic E5 _/ / ?-/ int 1)G.fe u-^`1ew A`T T E N D A'N C E R E`C'O R D 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 27, 1987 DOCKET #87-22 - USR-Livestock confinement operation - Jack Dinis DOCKET #87-23 - Amend USR, Open -cut -mining -pit on additional 9 acres - weld County Corporation DOCKET 487-24 USR,-Home-business (beauty'. shop) - Eva 'Jean Sheets DOCKET #87-25-'Substantial:change''in COZ application -:Barbara Johnson DOCKET #87-19 `- USR,"Livestock^confinement.;operation-- Gary Bragdou NAME- ADDRESS VAL\ .71)14.414)444^4931) lc Arn y -14)1=itonic-isr-p2_ .c 6649 COCA- /7 Wit WPSOg Iuttivela I IilaIIlli(SoO /n5j1 tngId 0)i'r?lS_p1" Dice(-- - 4:77 - /7 /74g! y / . 7; slide_y 'wee/ •-512S// la e tr. iii 2:57,r/47,44e, L laele t ��i-17 _A w,, el ; eSR- -- ; w mi•einM Ala, ,,L) -S al 1,5, L` o , v)3i a,4-4awl .l ack e -1.1A -i— ) 9 HEARING ATTENDING 7-� Docker x"67"'/! �:)na rtSCNl W a i'tv1 rnA ,wider A - ep hits R, t71 Q.,K aLt/I- YamL !S lief a a_0(4, � c+/� t i?±AC (�`�, cl so,- 210 'Fejt 9.tt�1f “: a °v /W/1u i N ?Li fia 60)r q� �,10� /a/a' Iry ctuz,t L\Sixes l\ LiNG, G`7ry a (GcSbY?3,P kCItvp E: 21 3�. _eta "i aCoa L 0?_Qr_i -uF An - y3S �i 717;7/ r✓P.�li'rrct Dog l(t-f' 17 = / 7 ;mt..; ae fir -/7 i !I{2c�at2,4 vs n "76ge7 4-Q4A hC t1/41 et lsc; 17- occ-gc - g7- /Y ice-tee-74de- S7-1.7 .>� free ,!t 52- /9 x_19 870A211, A T T E N D ArN C E.' RECORDD PLEASE write or print .legibly: your or Docket # for the hearing you are TODAY'S HEARINGS ARE AS FOLLOWS: name,.address'and the ,name of the applicant attending. May 27, 1987 DOCKET #87-22 - USR, Livestock confinement -operation —Jack-Dinis DOCKET #87-23 - Amend USR, Open -cut mining -pit on additional 9 acres - Weld County Corporation DOCKET .#87-24.- USR, Home business -(beauty shop)-- Eva -Jean -Sheets _ DOCKET *87-25:- Substantial change in COZ application --Barbara-Johnson DOCKET #87-19 - USR; Livestock confinement operation_- Gary Bragdon. NAME pfkaLiviihu ADDRESS HEARING ATTENDING �r-zaf r niCerr laheer a a(a, ykk ,c//0� c7/1/fi kg. Lf uhrEM fND Lti Y C MC) 7�, 6r_ C-,V-Ec1Ey /7o-9 c L . v • r'T _glee/y, 5) . (53 tc) 5't_/9 �i �� Ulf i• y 1'je%(-, 7;5 (,u A., 77 . • L l `,-\ �F ,i'.?6=t. v. 7 -4y het/�j /.vG' 1' .GG Op-se/ea a y s4-eco;Leda - pm wit I74_4:v71.47caee& e ea-Krica 1-1 0,451,ci Eel ifa, • iJeuiSr. L.'- .42,-* , ,s �t )a! Fi L A:7? .g‘% 5% 141 4Wet y et X- �rf-C- I ot3 '_SYtF�is,.. LiNt%S/1QZ ?WE W e R /S17/ tiV/ v n c cR DR -0 w n. atJ7 cve an det5,, /icenc &7- A3' 155-7_,Ict 22-14- 8'70421 WEBER REALTY INC:� _ REAL ESTATE ;_ EXHIBIT L CONSTRUCTION LAND DEVELOPMENT I am here representing, he present owners and the developer of the propertyfrom Cleveland, Ohio, known as Golden Triangle, a multi use development of 1,806.5 acres which is just two;miles:directly east of the proposed sheep feed lot. The detrimental impact of a feed lot in such a location upwind, would be unmeasureable to this development. We have.been three years and five months in getting where we now are. We have taken the land through annexation, zoning and planning, have prepared a feasibility study of some 86 pages which shows the tremendously favorable impact of tax dollars to the governmental ententies. Here are some average projected figures. (see attached charts) The city council has designated the area for the next city municipal golf coarse which. will be designed by the top golf course designer and be what.is considered world class. The determined cost is 3,5 million for the course mni 2,085,000 for amenities that serve the course. The developer is now in final negoations with the city on the golf course construction and the outlook is very favorable. We must not forget the former locations of Triple A Feed Lot and the Monfort Feed Lot and their smell impact on the area. Greeley became the Smell City.. These two were not in the direct growth plan of the city, the proposed feed lot is. (See Greeley Comprehensive Plan) _ - _ _ _,_ _ .. - To fully understand.the smell impact 666 acres between US 34 bypass and US 34 business is zoned industrial. We have had major companies looking at the land and have had a very favorable interest, mainly because of the environment of the area. The State Economic Department people have said it is the finest industrial location; in northern Colorado. .There already has been investment in utilities to serve the fUll area;over $1,000,000. 8'70421 3835 WEST 10TH STREET GREELEY, COLORADO 89634-1599 PHONE(303)353-1153 We are now in a position to move .very soon an development with the land under contract to a Cleveland developer. We realize the need for. agriculture feed lots, but you must look at the past trend for new locations.and re-location.of feed lots. It has not been up wind of any cities growth, but on land equally suitable for feed lots, down wind. We'.:therefore respectfully request your deni:ai of the proposed feed lot- n .County Road.17 just two miles directly in front of the Golden Triangle Development. Sincerely, r g, A' 3,c Glenn K. Bi l l ingg. Economic Development Mgr. Representing the present owners the purchaser. — developer 8'704:21 -NV7ei lati0NO0. OOD'6'0700 .(37336'9 H1b0N.379NVII1- N10709 -- 4 Sdr•mcOM xo5,o ww'rraterQr �rs�s Ioa®oaesr a n �tu F 1 C rEMI WI ['III � � <. axe+ E r,. m" At, 8'70421 8'70421 , fir PF Pit Mr W IF Pr ret ilt w 120,000 /VO:000 t 80,000.. _ 1 go( 60,000 40,00 0 L 20, OOP O _ /930' • / OfiLIiQtion of Greeley Pr'olectioh e/sjay 2000-2005_ GrOWV? Rats of BOoVii-,sons- Per Year - 1 City . )/onnin90e,tht. Profecrion. Thrrortvfj 200-5 Census Oat Thracr9fi /9 hY �^ 5fs H s m,s� iti Y .... -✓�i r§A %71:: ZO%O 2030 870421 ;Figure No. 2 s 1 Greeley /cofu/at on Project O/7 64000 SO,000 -S `C Q3 40,000 0 �N 30,000 1\ w (7 1/4. ytr20,000 ski +10, Ooo 0 Projection Growth per Year Usin, Bate of 2000- 800 Pers i 005' 3 City AY Pro, jact/ /Why DeP n Thrace, . , • • • / . _ _- a S• • Prole ted Co/de/7 Popuktio? Tricrnyle -� a 985 1925 2005 _ leg/. —PoPar/af on th /985 56,964 20/5 Xiqure No. -3- . :COEDS -TRIANGLE NORTH -- POPULATION PROJECTION Population House- -8 2.7/House:S Cum: Sin4le Family -Date No.- -::Residence 1.988,.- _24: 1989 48 '1990- 72- 1991 96 - ,,, 1992 120 1993"..159 1994 198 1995 237 1996 276 .1997- -315 -1998- 366., :1999 ;" •417 2000= 468 .. -2001 519 -.2002.- -570 2003' '614 -.2004; 658. 2005.. 702: 2006 746 .2007-'- 789 2008 813 2009 837' —2010 -861 2011 884 ,:.2012. :907,-; . 2:13. 921 2014.- 935 f 2015- x-949 .2016 962 -2017 975" .982 2019- -989 2020 .996. ' 2021 1004 '.2022. 1012'. 65 130 194 259' 324 429 535 640 745 851 988 - 1126 1264 1401 1539 1658 1777 1895 2014 2130 2195 2260 2325 2387 -2449 2487 2525 -2562 • 2597 2633' 2651 2670 2689- 2711- 2732 Population .Multi -Family 49.0/Acre.',.: multi -Family.,.. -Lou Density: or.-:._;.High_nensity:_._,Pop'latioa (Units) 11_9/Dait (Acres) 8 27/Acre— Total 0 0 ' c 2 < 54 119 0 0. 4 '108 238 0 _ 0 6 - 162 356 '0- _:,0..>- >...g: 216 475 0 , 0 10 270 594 3 36 14 378 843. 6 71 18 486 1092 9 107 22 594 1341 12 143 26 702 1590, 15 179 - 30 .810 - 1840: - 18 - 214 33_5. - 905 2107 21 . 250 ':36.5`.., 986-- ..2362. 24. 286 39.5 1067.." 2617 27 - 321. 42.5 1148' -' 2870 30 357 45.5 1229 3125 33 392 - 47.5 1283 3333 36• -.- ---428' 49.5 1337. - 3542 39 ' 464 - - 51:5 -- - 1391 - .3750 41 488 53.5 1445 3947 44 524 55.5 _ 1499 -4153 46 547 56.9' 1536 4278 .547- 1536 4343 - 547. 1536 ,_ 4408 547 -. 1536-. .74470 - 547 1536 _ 4532 547 1536.. 4570 _ - - 547 ' 1536 - 4608 547 1536 4645 547 .. 1536 4680 - 547 -- "- 1536 4716 547 : .1536 4734 547 1536 - 4753 547- 1536 4772 547. 1536 ' 4794 547 - 1536 4815- . ' �; 8704 Figure No. 4 COST ESTIMATE NO. 5 City Street System Item No. Description Phase I 1. Arterial (95th Avenue) 2. Collectors (4th Street') 3. Collector (10Ist Avenue) 4. Local 5. Intersection Improvement ,,- .(101st Avenue andHighway 6. Intersection Improvement:' '(4th Street and Highway 257) Unit Quantity Unit Cost 2,820 1.f. $ 144. 8,550 1.f. 88. 2,150 1.f. 88. 22,350 1.f. 68. 1 l.s. .40,000_ Plus 258 Engineering and Contingency Phase II ' 1. Arterial (95th Avenue) 2 Local Total 00 $ 406,080 00 752,400 00 189,200 00 1,519,800 00 40,000 l.s. 30,000.00 30,000 2,550 1.f. 33,544 l,f. Plus 258 Engineering and Contingency Phase III 1." Local' 26,460 1.f. Pius 25$ Engineering and Contingency TOTAL SAY " 2,937,48a 734,370 $3,671,850 144.00 367,200; 68.00 2,280;720" 2,6'47,920 661,980'' $3,309,900 68.00 1,799,280; 1,799,,280 449,820 $2,2491100' $9,230,850 $9,250,000 23 870421 .� 1♦ oe0 el N V O >i O I] \ CO JO 0 ma CO 01 O to - y1 0 CO 0 .i O 0 U U f0 O 0 0 C1 0 C) V' O 0 O O Co O 0... - O , O N. O O Co Ifl o fo N to <D . 4. N. 01 O' N CO O M N rn 4-3 r . N C3 f7 ri N co f7 r a1 N i O O Co o 0 o c Co O O O O CI 0 CI CI to fn u1 to O C) O M N N 01 0 Nr O O Co O Co O r o Co o 4.0 e N 01.... x:07 26,400,000 O O O O O O . 3/4 0 0 to 0 01 O . N .-I N - f7 O O O 10 O O O O 0 O 4.0 Coo O <p t0 00 O Nolo 40 r 0 N 0 .-f rl V 0. _.. _..0._:. Ifl. .0... fel _..O -,.._O. _....__O. N O. , r _.,:� ri co in o CO - .r-1 r N CO fD .-1 -O \ N. . : It 01 H r r CO N CO -!O P el N 10• el O O N • fJ 01 Q1 r .-t v 4.o• e tM O r' N 441 -0r la .80'. ap •. ...-1 -. N fD If) Ch Coo .-I. 40 . rn O O O O O O N CO O rn c Co M M O- rn f -1 l0 O lc1 O to ap on -o.:. wr -c- I . :. c--. 3/4:i. io E-1. r -^ 01 o Cn r ri r O U 1 Support Facilities Development COST — All m m s-1 40 CO O [A 14 i:4 O tl h >t O O: O ;0 O O O O -.01 0ni._O O 0 0 0 0 0m •� C _ O 0� c� �m - cuU '- .i.�l1 44;1' 01-.i if OP-.i -O tPM 3 11 01-.t O 0 O N C 4) .1.1 C 31 0 f-. N N O.. C iJ t-1 44 -0 O +f C Cn -ri C r -.l C CA 3 -el.,-C Cn O tn, U la O PO _. fa 0 0 14 O_ O -el 01 O U 1 O.V :I OU 1 CA (DUI..: -11 c1 01 : O 0 W '..i O CV ."1.. L1..g SP •-i,..,._$4..C. ts.!�..._.J , am H,.. O .-1- C O `o -.-1. C o o -.l 0 0 - 11-./ 0 R .: 0 ?„ _ 34 ZT f0 1-1 .F.1 to 10 4.) �.: i-1i fa 4) O 01.0 -0 . la 0 0 4.1C 00 CO -'m W E. .— W E CAW Ef ON E t_^ .-a 30 $25,400,000 $21,350,000 43 43 01 7~ O & 0 a O r1 0 > O a1 34 A 4L ri j1 .--t o ,. -4 N I fO E co O Q U o E 0 W 0 x a to a1 U O A 870421 An undetermined 0 S SUMMARY 75 $69,203,090 Total Development 8 Saks y From Schedule I w 50 al ii tiii Total City Rekenue _ From Table O 25 - O / -'$22,363,653 --eiAr lwe Golf Course P / i " ' .$7,752,360 1 �'r tia 1987 /992 1997 2002 2007 2012 2017 2022 Year 870421 111 Figure No.. R • I x :Ill ,11 7:17 s 259 : -053 6 4 s< ifi c ®003 933333 ilt • 52 4 1 0 a 1r._ x�11-➢ 'c i! e _ — 1- 1. �I `` 1 f / Fc�� Y I AZ. t , ; i� r -1-=-&--4—YI �� •�G Vt `•�.� z�/te�� ' ,tr I.' ..14 •e V iA ti ;U� Imo , Qy• ^. I L 6♦ :--"I Ri l I J _/� CJ a • .' 76 =' ' �` .f-�y ` V `vL �l - -I �" 9a / L y $ z-`r iN • W. qqyy _j _ 0 a (j 17 II, A I) ic • . \ I ta i7 r. ?tjf . ;F Imo^ ' if i <X" S? I. ! / . 3 ail '1 �� .� /i�1 ` 4� • 1 I yET3 a�•� z • �®- o�`r B�� i 7 ,�J,9 I� J. 3 r—/ 1.•4O,,„1 '� 3 .y • I,... C r k I 1 CSm 0 r ' 1p / 1 r_ ;• � � r Lis ° S' , \` Ib' .I .Sr.' l:i �,_I -, / r SYZ .it -_l / C / r °�" �It.� I {n-- ��/` _ . Jig .. � V ;' m I NN ENGINEERS tEXHIBIT l -' GREELEY NATIONAL PLAZA 8227TH STREET GREEN'. COLORADO 80831 (303)356-6362 Gordon_Lacy, Chdrriman Board of Commissioners Weld CountyServices .Building 915 Tenth Street Greeley, Colorado 80631 Re: U.S.R. Livestock Confinement Operation for 20,000 sheep in,.Southeast,Quarter,_ Section 8, Township'5 North, Range'66 West Dear. Mr. Lacy: I.represent a number of property owners in and near_the City of Greeley that hereby strenuously object to the approval of the pending U.S.R. 791:87216, a sheep feeding. facility .immediately. - west of Greeley. These owners and/or quasi -owners o£ 2,040 -`acres are -as follows: Rick and Lawrence Hertzke. Harry, -Elmer and�Emmanual Rothe' The''Boresen:estate and family Alex.and Tom;,:Coolidge. _ The.Monroe Corporation The objection of these owners is based upon the following facts 1. The proposed facility will be adjacent to -the main en- trance to Greeley on Highway 34 from Interstate 25, and will create a. negativevisual image.. 2. Odor and dust problems will permeate the area and espe- cially areas to the.east'and south. 3. Drainage from the.proposed facility drains into the pro- perty represented and into the Cache La Poudre River, which flowsadjacentto and through the City of Greeley. A. The proposed site is in the direct path of growth of the City and is near a prime development area which will consist.:of.industrial/office development, a world class 18 holy wolf course, major residential and recreational .facilities on an 1,800 acre site in the Golden Triangle. 870421 ! Gordon Lacyk.ehariman Board o£ Commissioners May 27, 1987 Page Two 5. The City of Greeley has a substantial investment in water and sewer facilities in the Golden Triangle area that may not be used to the greatest advantage if the feedlot is built_ 6.. Water rights agreements between owners of the Greeley and Loveland Irrigation Company and the'City of Greeley have and will continue to encourage compatible develop- ment westerly from Greeley. 7. There are many locations in Weld County that would be more suitable for this feedlot facility than close to urban growth patterns. The golf course and other development in the Golden Triangle are in final stages of agreement. This development will be a'major benefit not only to the citizens of Greeley but the surrounding area as well. Any major negative impacts such as a major animal feedlot operation will unquestionably be detrimental to the pro- gress of that and other development. Drainage from the facility will cause a substantial decrease in property values for a distance below the feedlot. It also will have a tendency to reduce the quality of water in the Cache La Poudre. Screening may reduce the view from Highway 34, but screening cannot stop the odor and/or dust emitting from the site. Those odors anddust will have a negative impact on those entering Greeley via its main entrance from the west_ The prevailing winds are from the north and west at this site and therefore do direct odors and dust toward Highway 34 and the developing areas at the west side of Greeley.; These landowners and.concerned citizens that I -represent be- lieve.that'the approval,of this O.S.R. request is wrong and that to approve this feedlot at this location would be a disservice to the citizens of Greeley and Weld County: Respectfully, NELSON ENGINEERS 8'70421 tXtlIBIT D Landmark ENGINEERING, LTO: May 27, 1987 Project No. 0719-BO11.-07-701 Weld -County .Commissioners Weld :County 915 10th St. Greeley,: CO .80631 RE: Sheep Feeding. Operation _ SE 1/4 Sec. 8,Township 5 North, Range 67 West Honorable Commissioners: We have been asked to evaluate possible impacts of the referenced project upon adjacent and surrounding land uses in Weld County. We are aware that the proposed use requires Special Review incthe existing zone, but we are also aware that the applicant must:speak to its compatibility with both present and future development of the surrounding area (Secs. 24.7.1.3,_24.7.1.4). Having been involved in many planning, engineering and land -use projects in the Weld-Larimer area over the past 25 years, we_feel qualified to comment upon the possible im- pacts of this -project. Among. those impacts are several technical concerns,•which we -feel must be very specifically evaluated. These include odor control,_effluent treatment -and disposal, and site drainage. The property lies within the Cache la Poudre River Basin, and drainage from the area and surrounding environs transverses Northeasterly to the River, some 2.5 miles down existing established drainage - ways. Great care would need to be taken to assure that natural drainage now traversing that route would not be contaminated by the feeding operation. As a part of that care, liquid and solid excreta would need to be totally contained on site, and either treated or -hauled away. The sheer magnitude of the proposed operation makes this a very significant undertaking. :In any. event, holding of such concentrated wastes carries with -it the problem of odor emanation, either from treatment,*Storage or handling. As you are aware, this area is approximately 2, miles -direct- ly upwind from the "Golden Triangle" area now under -develop- ment sarutiny, within the -City -of Greeley. irhe potential Main Office 2300 West Eisenhower Blvd: Loveland, Colorado 80537 Dale D. Olhausen, P.E. & L.S. 870421, Branch Office 2235 2nd Avenue Greeley, Colorado 80631 ENGINEERS/ARCHITECTS/PLANNERS/SURVEYORS Lovelandi303) 6676286 • Greeley (303) 3566286 • Fort Collins (303) 221-5550 • Denver (303) 629.71'24 Weld County Project No. 0719-ED1L-07-701 May 27, 1987 Page 2 for odor containment so effective as to notbe carried that short distance is in our opinion likely to be cost -prohibi- tive in today's market. Other surrounding developers and land users, such as the Indianhead Subdivision, although generally upwind (1/2 mile), are also sure to be affected by both odor and nose contaminants at specific times, if not continuously. We urge the Commissioners to satisfy themselves fully that these critical concerns can be adequately managed so as not to adversely impact either the existing or future land users within the area of influence of this project. Of particular concern are such things as ammonia levels in the waterways, andapprovedeffluent disposal techniques. As difficult as these areas are tosolve, they are more manageable than the areasbf noise pollution', dust and mdor-control. These last areas, while somewhat more aesthetic in perceived effect, are highly valid concerns as they impact the surrounding land areas; both -now and for the future. Thank you for this opportunity to;comment'os a project which in our=view-co"ntains the possibility -of -several -very nega -tive impacts upon 'this portion of Weld.County;as_:well as the City of -Greeley,: Very truly yours, LANDMARK ENGINEERING L 870421 -Ca r- 2 .C).1_O n s¢ T 7- l - S p 1 C_A 7` SFer -LON s Pa! 14f17 Cl,�, . tl J_A.t/i/LA-ia st-z 7G to e R IC t s.3 :. 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Johnstown, Colo. -8342878. — 737.2484 — 5875105 Colorado District Office — (303) 5871824 Ault, Colo, — 884.2878 Giforest, C0I°. _ 737.2484 Johnstowq Colo, — 5873705 SM� Juetet Yidai (� W ,ES __W- / -714 vintzfi itet 870421 w Zetzfl � S b Zdeffs-6- d c joad ("��.� 7 W.�_d a r Aticit-joy a/22-44, /711-rettel-7-1 e/2 A N' .. 15211/,'„:1,1 • ., . - cilfr.ift 1 /{, 4f. r . ' r ',4.# 4„ :,.} - i nt r 1 'Sy. irLf i ' tr 14 • N • r � jy f yyy r< F • ,•t ;J,� A I • •4. ; a i r - i _ q • I _: ,..... • . c. i • s t,t ,.., -...:—...!,:, .. -i i‘, ,; 14,71,iltt lila" .. i . .. r • 'VI ,mi i .. i �� 1 j - w M Y1 ( cva -• a 4f 4: t. co 'r :1 I f •*} :y4t7 ,r -. I ,,D i .. St i4 u. i- ncr. .x- _ .o m •� < . .rte ,'' ,'w y...- t5Y•i'.!%...'...Jw"^�v ?SL=a 'f'`S�'�A%�/'T`-�,••'h^i>•...^+r'.v i L P + i' .t-• • . 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Gary Bragdon May 27. 1987 This office received a call today at 12:05 P.M. from John Haszier, whose address is 2509 26th Street Lane, concerning the Bragdon USR. Mr. Haszier called to register his objection ,to the livestock confinement -operation. C771-12T--e--c- 8'70421. • Office of the Mayor GREELEY. CIVIC CENTER: GREELEY. COLORADO 80631 (303)353-6123 1 �� r[nv[7 91n027 if Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Use By Special Review, Livestock Confinement Operation The Greeley City Council has voted to support the position of the Greeley Planning Commission objecting to the proposed use by special review for a livestock confinement operation for 20,000 head of sheep. Although the City Council feels such an operation would be an asset to the area, we object to the location as we feel it will adversely influence the city's growth and development patterns. We respectfully urge your denial of the use by special review of the location approximately two miles west of the Greeley city limits on U.S. Highway 34. Councilman David Werki 4xra- -ICON R. WELCH, M.D., P.C. YID CUM Mr. -Gordon Lacy Weld County Commissioner R. -O. Box 758 Greeley, CO 80632 RE: Proposed Lamb Feed Lot Dear Mr. Lacy: CATARACT AND 12.PLANT MARRI TT On May 27, you will be considering the approval of a new lamb feed lot two miles west of Greeley, very close to Windsor. The Weld County Planning Commission recommended the approval of this proposed lamb feed lot by Weld County resident, Gary Bragdon. This lot location is totally inconsistent with the needs of both Windsor and Greeley. A lamb feed lot so close to the growth areas o£ both cities would be damaging to their attempts at diversification and would limit new jobs. It would be a disaster for the Greeley Downtown Development Corporation and negate all the good work that they have done. Please do not accept .the recommendation o£ the Weld County Planning Commission and vote against the lamb feed lot -this close to Greeley. Sincerely yours, °Vat John R. Welch, M.D., JRW/nc ,(; xN/8/r T 1600 18TH AVENUE COURT GREELEY, COLORADO 8O631 (303) 3°33-3443 870421 e e ?.�' AV NMI IISIMlREIS MAY`2 61987 May 13, 1987 Weld County Commissioner's Office !Post Office Box 758 Greeley, CO 80632 Attention: Mr. Gordon Lacey .Dear Mr. Lacey, As President and spokesperson for the Zeiler Farms Inc., a small family corporation consisting of the immediate family. of Henry Zeiler (deceased), and namely, Alma McKee, Richard Zeiler, Ken Zeiler, Ron Zeiler, and Kathleen Weinmeister, I request that Gary Bragdon's petition to establish a 20,000 head livestock (lamb) feeding operation (one and three-quarters miles East of the Larimer/weld -_ County line and one -eighth of a mile North of HWY 34; docket# 8719) be denied. The Zeiler Farm operation, an approximate 640 acres adjacent parcel, is strictly a farming operation at this time. It is supervised by Lloyd and Randy Schwalm and their immediate family who live on the 160 acres directly West and adjacent to the proposed Bragdon operation. Because of the short notification time in announcing your meeting and the fact that our corporate members live in California, Texas, and Arizona, we were unable to circulate a petition which contained all the owners' and the operators' signatures. However, I was able to notify each individual and what follows is our collective objection to the establishment of the proposed Bragdon feedlot and grazing operation. Each person I represent has spent, at least, eighteen years living adjacent to the land Gary Bragdon wants to use for his iamb feedlot operation. Each corporate member has previously been involved in a dairy; grazing hundreds of head of sheep, feeding hogs and cattle and raising horses. Each of us have first hand experience with grazing and caring for sheep. Even with an economic appreciation for what Gary Bragdon hopes to achieve, we still strongly object to. the proposed operation based on the potential for stray animals, the perceived decrease in the value of our land for developing residential s4tes because of its close proximity to a feedlot, the anticipated and uncontrollable odor and noise, the visual impact from both the ground and air observation, the dust and potential erosion of soils, and the potential for disease and parasites that may affect animals and pets on adjacent properties. we collectively believe that without a chain link fence on the North, West and South side of Gary's land, -neighbors and; more importantly., motorists on HWY 34 will be plagued with stray lambs wandering onto and across adjacent properties. At dusk and during evening hours, stray animals could cause loss of lives and 'property if they wander onto sexy 34. 870.421 Noone can reasonably Atte that a iamb feedlot ai-cent to a potential residential development site can erase any hope of developing such a site. The decrease in the value of land for residential purposes if such a facility were approved is substantial. There currently exists a cluster of residential houses one statue mile West cf the proposed Bragdon property. We believe our land has the potential to be a development site. We have documentation to substantiate our claim. Zeiler Farms has both a commercial and small residential plat on land adjacent to the Larimer-Weld County line. For us, unreasonable property devaluation will be experienced if the Bragdon operation receives approval. Zeiler family members are also concerned about animal diseases and parasites being spread to adjacent properties. Finally, the visual appearance, odor, dust and noise created by the high density o£ sheep on the Bragdon property are unacceptable to us. What we, as individuals and as a'corporation have to lose, -Far exceeds any benefit to the community in jobs or other economic factors. Therefore, we urge the planning commission to recommend disapproval of the Bragdon lamb feeding and grazing operation. Individually, the shareholders of Zeiler Farms would be glad to provide separate letters requesting disapproval. We ask that the commission weighs our concerns and, hopefully, determines that this type of operation belongs in -a more remote and isolated location. Sincerely, / Kathleen Weinmeister President, ;Zeiler `Farms j Alma McKee V Secretary/Treasurer, Zeiler ;Farms Richard Zeiler Board of Directors Member, Zeiler Farms 8'70421 •\ .Gary Bragdon 4106 22nd.Street Greeley;, C0 8.0634 April 24, 1987 Mr, Gordon Lacy Weld County,; Commissioner Weld .County :.Courthouse 915,1.0th Street Greeley, CO 80631 Dear Gordon: _rig) t ;r, APR 3 0 rig This letter is to better inform you o£ the lamb feeding operation that has been proposed and may be located on Weld County Road 17 near U.S. 34. T would also like to take this opportunity to explain why this site was selected and what measures will be utilized to make this operation compatible with the surrounding area and our neighbors. For many years the lamb industry has had a very positive and significant impact on the economy of Weld County and all of Northern Colorado. It has not only provided a strong market for the feeder lambs raised in Northern Colorado but also a good market outlet for feeds and feed ingredients produced in Northern Colorado. We believe it is vital to maintain growth in this industry to help sustain market values for our farmers and ranchers and the tax base for Weld County. This operation will utilize corn silage and alfalfa hay produced by our neighbors and feed by-products from Coors at Johnstown, Western Sugar at Greeley, Anheuser Busch at Fort Collins and Con Agra at Denver. This proposed site will be centrally located for all these feed ingredients thus minimizing freight costs. More remote locations not only increase freight costs but remove us from adequate utility services and road access which become particularly critical in winter months. This operation will employ and comply with all ordinances and regulations of the state and county to safeguard and maintain all _existing environmental qualities and health standards for our neighborhood. Mr. Rule'and I -have owned and operated feeding.operations_ at Brighton and Severance since .1964 and 1971, respectively, with no known formal -complaints filed for violation of any 8'70421 Mr. Gordon -Lacy April 24, 1987 - Page Two government regulations. We feel this operation will be an asset to the local farm community and Weld County as the other operations -have in the past. Having reviewed the agricultural goals and policies of the Weld County Comprehensive Plan, we believe this operation will compliment the Comprehensive Plan in every respect. If you have any questions, please do not hesitate to contact me at your convenience. Thank you £or your consideration. W't 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 Use by Special Review 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 o£ 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 certifiedcourt 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 coat 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 N0. 87-19 DATE: May 27, 1987 TIME: 2:00 P.M. APPLICANT Gary.Bragdon 4106 22nd Street -Greeley,.Colorado 80634 REQUEST: Use by Special Review - Livestock confinement operation for 20,000 head of sheep LEGAL DESCRIPTION: SE} of Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles west of the Greeley city limits; north of Weld County Road 58 and west of Weld County Road 17. 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:' May 4, 1987 PUBLISHED: May 14, 1987, in the Johnstown Breeze • • 8'70421 NOTICE PursaM to the zoning WS o 1d, State of Colorado and the, Weld Count: Zoning OMlnance, a public hearing tail be held M: the Chambers of the Board of nty Commissioners of Wekl CCounty, Colorado. Weld County Centennial Center, 91610th Street Flat Floor, - Greeley.; - Colorado, at the time sperJ9eM1i . All persons in any manned interested M the Use by Special I RONew N requested t0 attend' and may be heard. Should the applant or any! interested Part,' eeNre : the! . maw ke as record ofd the etence Of a mutt reporter t► proceeed- ings, in. addition to -the taped. record which will be kept during the having, the Clerk to -the:. Board's OHke can bat Contacted for a Martenist In that-ar�uti"court, .tt a court. reporter leobbined, the Clerk to the BOarCs Office shed be: advised M wiling least five of such action] of such action] Maing, Thu most a e�noag�arig s :court reporter shag be-Wne tn. BE n ALSO KNOWN that tae( text and maps so certified by the Weld mCaoyunt/ Panning' Commix office of 1d, Clerkkfi the Bned w -M of i COunty Commissioners, located I in the Weld County CentenMal Canter, 916 10th Street nand Floor, Greeley,. Colorado. DOCKET NO -.87.19 - APPLICAttT Greeley �Coloradoo DATE May 27; 198'+ • .-3 TIME 2:00 -1 REQUEST_ Use by spacial', Review — Livestock confinement . :. Operation for 20,000 :head- of''' Woo• LEGAL DESCRIPTION: BED of Section 8. Township 6 North 67 West of lite •_•Weed County, Colorado6ih P.M, miles west of city WU: nerd, Of Weld County Road . fill and west of Wad Comity . BOARD OF COUNTY. COMMISSIONERS W E LDCOLCUN1 OOff.Np_ DD�frTT� , BY:MARY ANN I FEUERSTEIN CpUNTY CLEM( AND I RECORDER AND CLERK Mary THE .BOARD DATED: May 4, 4, 198TH � b PUBLISHED: Mq i{, 1907. In one ,pan.town • '4v AFFt DAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 ss COUNTY OF WELD > 1, Clyde Briggs, do solemnly swear that f am publisher of The Johnstown Breeze; that the same ' is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado. and has a general circulation therein; that said newspaper has been published continuottsly and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior: to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United Stales mails as second-class matter under the provisions of the Act of March 3, taTti, or any amendments thereof, and that said - newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of .1.._ consecu- tive insertions; and that the first publication of said notice war in the issue of said newspaper Liana/ill. A !) 14., and that the last publication of said notice was in the issue of said newspaper dated , A.D.19 In witness whercopf I' have her 'unto set my hand this ... r.%day of�L•^. A.D. 19.� _ s Publisher Subscribed and sworn to before me, a Notary Public in and for the County of We State of. Colorado this ...Zit"... day of �! . A.D. . z-- u fi Notary Public. ray commission expires ter, Sal. Ex, ices ;urea s,uth P✓:511 NICCV9 ..C.I.,PacNain, &;514 870421. PROOF OF PUBLICATION The NorthWeld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) County of Weld' ) ss. I, &lte_ LASS0& , do solemnly swear that 1 am cc.:ea. N. of THE NORTH WELD HERALD; that the same is a W kIy newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; and that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two con- secutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second- class matter under the provision of the Act of March 3, 1879 or anyamendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning -of the laws of the State of Colorado. s That the annexed legal notice or advertisement was published in the. regular and entire issue of every number of said weekly newspaper for the period of (if \SL (1� • consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated -•\T\iyti \y A.D., 19 n ` and that the last publication of said notice was in the isAve of said publication dated 'l`R\n 1 \L\ A.D., 19 : 11 In itne, whereof I have hereunto set my hand this �'t:. day of c•C\ K -A.D ,19% ttk_ 400\An • ,Edttor Subscribed and sworn to: before me, a notary public in anSfor a County of Weld, State of Colorado, this day of /1lA7 A.D., 19 j Notary' Public v' 3 F,'Rsr` SK Ei9To4 Pe. ri6t .. Air Commission Expires Oct 19.19515 NOTICE Pmeaettede sag here di Wm Srr ett Cease ad the Wei& Came these Oat nee a rab& beteg +W be had k the Cherries. at the Bri et Casty CawM d ame et Weld Grady, Ceeode, Wald Covey CreeaeW feeler, S1S fah Street, FLa Flea, Greeley. Caieith, et the tee eraMled. ABeeret.eleay sr IS- ted leen Cr by s*erelaew., ae rem e d to erred and ay be hart speed tie ,cram : ay rtereete i t• eam. �Pneeace .tthe `d Sift `re u tle to be kept rteriet w�,thheet that theWed's i Office eau be eataeed fee a Bet at aateled i tent rerrentia the are. Iraeeaa ttiar Is obtained, de Reek le the seree Oma . haB be theca Swan at art era at lee Bee dee re r a the breleB. The eet of aegealag enact regretter he: brae byethig petty. GE W e""a`iw ENOWN the the Net ad reel se aatebed by lb, WA Gs new j Deg Oa = net w eaard le the .mot et tea cha le dated ad testy j• Car.awran. nod ha the wet Casey i* CatesW Gator, SAS 106 Sent. lea Fleet,craley,GMeMr. Cary Gaeta 410622th Street GnWy.teledeBe6lt GATE: May ]7.1947 _ BratstoBrbt. EDQUESTr eeySPedleadew- Una* � aeatr4e tea 10.041 heed .r LEGAL DESCRIFEIther save .r Seethe a mar, S Ned. P Waal et de bdrNr WaroGeaar t.taara LOCASIONawpreossorly 1 mime wee 1 : the Cary dy web et Wail Cary Glad watetWaii autoorcovu t OWOaOlnf lcountamonno tarrTANNY an� araI commvsaAzmacoana 1 wNacusiK7 mossowRO _ By. day FaiN,Dereh ; Dnkrialr tt►Bebed � 14, illt le the Nate Weld , .Hereto - 8'70422. •.f DATE: May 4, 1987 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 "27th day of May, 1987, at 2:00 P.M. Docket No. 87-19 USR, Livestock confinement operation for 20,000 head of sheep.- Gary Bragdon, OFFICE OF THE CL TO THE BOARD BY: fi/Ca2?!," Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. HOARD -OF COUNTY COMMISSIONERS WELD'CouN 8'70421 Exisic%7 C BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECON.PfENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it 'Resiliiseprm1/4Valid County Planning Commission that the application for: CASE NUMBER: USR-791:87:16 NAME: Gary Bragdon ADDRESS: 4106 22nd REQUEST: A Use by Operation Street, Greeley, CO 80634 Special Review permit for a a Livestock_ Confinement -- (20,000 head lamb feeding operation). �i�MAY 21 1987 y_OD GREELEV. COLO. LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of U.S. Highway 34, west of Weld County Road 17; approximately two miles west of Greeley. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 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: The proposed Use by Special Review area is located within the urban growth boundary areas of the City of Greeley and the Town of Windsor. The location of the Use by Special Review area and the attached conditions and development standards make the proposed use consistent with urban growth boundary goals 1, 2, and 3 of the Weld County Comprehensive Plan. Urban Growth Boundary Goal 1 explains that urban development should be concentrated in or adjacent to existing municipalities. The proposed use is located approximately 2 miles west of the City of Greeley's Long -Range Expected Growth Area. The long-range expected growth area includes those lands anticipated to accommodate urban development over the next twenty to thirty years. In addition, the City cf Greeley's Capital Improvements Program currently projects completion of services in the long-range expected growth area in: approximately the year 2005. The City's five year- capital, improvements plan also projects no new utility services to the long --range expected growth area. 8'70424 USR-791:87:16 Gary Bragdon Page 2 The location of the proposed use and the timing o£ the proposed plans for public infrastructure in the long-range expected growth area should not interfere with urban development plans projected by the City of Greeley's Comprehensive Plan. Representatives of the Town of Windsor have indicated that the proposed use would not interfere with its urban development plans. - Urban Growth Boundary Goal 02 explains that land -use regulations in urban growth boundary areas should be maintained to allow the County and municipalities to coordinate plans, policies, and standards relating to land -use, zoning regulations, street and highway construction, public infrastructure systems, and other closely related matters affecting the orderly development within an urban growth boundary. Representatives of the Town of Windsor indicated no objection to the proposed use occurring within its urban growth boundary area in a phone conversation on May 8, 1987. On April 28, 1987, the Greeley Planning Commission recommended objections togranting the Use by Special Review permit because the proposal could not conform to the City's Comprehensive Plan policies which discourage the location of high impact agricultural uses with the possibility of causing significant negative external impacts. The Planning Commission's concerns were based on the intensity of the proposed use creating off site impacts such as odor and dust at a location close enough to impact future development in the long-range expected growth area. The location of the operation, as proposed, with attached development standards should address the concerns of the Greeley Planning Commission. The City of Greeley does not have a specific standard for fugitive dust and odor and relies upon the Weld County Health Department for monitoring and regulating in accordance with State law. Representatives of the Weld County Health Department reviewed this proposal and recommended approval with conditions in a letter dated April 23, 1987. The conditions proposed by the Weld County Health Department regulate odor and dust. The Greeley Planning Commission also expressed concerns about the affect the feedlot pens would have on the City's image if viewed by the traveling public from U.S. Highway 34. The Planning Commission recommended a screening standard in the event the application was approved. The screening standard is included in the attached development standards. In addition to a screening standard, the feedlot pens are proposed to be set back approximately 1,200 feet from Highway 34. The screening plus the special 'setback will reduce the view o£ the feedlot pens from Highway 34. 870421. USR-791:87.16 Gary Bragdon Page 3 - Urban Growth Boundary Goal G3 explains that urban growth boundary areas should be maintained to provide an official definition between future urban and agricultural land uses. The subject site is located 2 miles west of the City of Greeley and within the City's urban growth boundary as a result of the 1,600 acres, plus or minus, "Golden Triangle d2" annexation which occurred in January of 1985. Because of the extended annexation and the fact that city services are not proposed to be completed within two miles of the Use by Special Review area until 2005, the long-range expected growth area should be considered the official definition between future urban and agricultural uses. The proposed use is consistent with the intent of the agricultural zone district in which the use would be located. The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural zone district. The uses which would be permitted will be compatible with the existing surrounding land uses. North of the subject site the principal use is agricultural including a dairy operation and crop production. East of the subject site the principal use is agricultural (crop production). West of the subject, site the principal use is agriculture, including. two cattle feedlots and crop production. South of the subject site is U.S. Highway 34 and the principal use is agricultural (crop production). The use which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County and the adopted master plan of the City of Greeley and the Town of Windsor. The future development o£ the surrounding area is intended to remain agricultural in nature. The City of Greeley projects that services for urban development will be available two miles east of this site by the year 2005. The Town of Windsor has no plans to provide services within two miles of the subject site. No overlay districts affect the site. - In locating:the feedlot pens, the lagoon -'system, and the residence the, applicant has demonstrated a diligent effort to -conserve productive agricultural and. The use by special review development standards will.prov₹de adequate protection of the health, -safety and welfare:of the neighborhood and County. 870421 USR-791:87-16 Gary Bragdon Page 4 This recommendation is based, in part, upon a review o£ 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 Use by Special Review activity shall not occur nor shall ally- building or electrical permits be issued on the property until the' Use. by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. Prior to recording the Use by Special Review Plat: The Development Standards for the Use by Special Review permit shall be adopted and placed on the Use by Special Review plat; The plat shall be amended to show: a. Relocation of the access from Weld County Road 17 at least 1,000 feet to the south of the proposed access on the plat. Such access shall be adequate to serve commercial truck traffic as determined by the Weld County Engineering Department. b.. Landscape screening of the pens on the south and west sides consisting of evergreens staggered at 20 to 25 foot intervals. 3. Prior to construction of the Livestock Confinement Operation, evidence shallbe submitted .to the Department of Planning Services that the Colorado Department of Health, Water _Quality Control Division, has approved a report, prepared by, a Colorado Registered Professional Engineer, demonstratingcompliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. Motion seconded by Louis Rademacher. LeAnn Reid' Lydia -Dunbar Louis Rademacher' Jack Holman 870422 Against Passage Lynn frown Paulette Weaver USR�-791:87:15. Gary Bragdon Page 5 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 May 19, 1987, and recorded in Book No_ %I of the proceedings of the said Planning Commission. Dated the 20th day of May, 1987. 8'70421 DEVELOPMENT STANDARDS Gary Bragdon USR-791.87:16 1. The Use by Special Review permit is for a Livestock Confinement Operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of animals shall not exceed 20,000. The Livestock Confinement Operation shall be used for lambs and sheep only. The confinement of other animals shall require an amendme>_. to the Use by Special Review permit. - - 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and maintained in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use of the runoff containment facility and the wastewater disposal system, certifying that these facilities are constructed and are in compliance with the stated standards listed hereon. 4. All storm water and Livestock Confinement Operation runoff shall be controlled and confined within the boundaries of the subject property. 5. Landscape screening shall be maintained. The trees used for landscaping south of the feedlot pens shall be a minimum of four to six feet at the time of planting. 6. A Weld County Septic permit shall be required for the proposed home septic system. The septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 7. The septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. An emissions permit shall be obtained from the Colorado Department of Health, Air Pollution Control Division. The applicant shall comply with:all requirements of the permit to -control fugitive, dust and odors. Residential odor standards as set by the Air Quality Control Commission shall be:met. l Development Standards Gary Bragdoa USR-791=87:16 Page 2 9. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. Manure shall be removed from the site at least once every three months. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutive runoff. The manure storage site shall -have a water tight surface, as approved by the Weld County Health Department, which does not permit seepage or percolation of manure pollutants into the ground. 10. Wastewater shall be removed from the lagoon system a minimum of once every six days unless weather does not permit. 11. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the Livestock Confinement Operation. 12. Access to the Use by Special Review operation shall be from Weld County Road 17 and U.S. Highway 34. Only residential traffic shall be allowed to access directly onto Highway 34. 13. If it is determined by the Department of Planning Services that odors from the feedlot are affecting uses located in the City of Greeley's long-range growth area and that standards 8, 9, and 10 are not adequately controlling odor,then the operator of the permitted use will work with representatives of the Weld County Health Department and the Department of planning Services to develop and implement new standards for mitigating odors and dust. In the event that the operator disagrees with a new standard, a work session with the Board of County Commissioners will be scheduled to discuss and determine if the new standard should be implemented. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall the -Operation Standards of Section Ordinance.. The property, owner or, operator -shall the Operation°Standards of Section Ordinance. - be responsible for complying with 24.5 of the Weld< County Zoning be responsible for complying with 24.6 of the Weld .County Zoning 8'70421_ 0421 Development Standards Gary Bragdon USR-791:87:16 Page 3 17. Personnel from the Weld County Health Department, Colorado Department of Health, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated heron and all applicable Weld County Regulations. 18_ The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board o£ County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards. may be reasons for revocation of the Permit by the Board of County Commissioners. BEFORE TEE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO TEE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USE -791:87:16 NAME: Gary Bragdon ADDRESS: 4106 22nd Street, Greeley, CO 80634 REQUEST: A Use by Special Review permit for a a Livestock Confinement Operation (20,000 head lamb feeding operation).. LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of U.S. Highway 34, west of Weld County Road 17; approximately two miles west of Greeley. be recommended unfavorably to the Board o£ County Commissioners for the following reasons. We are talking about a large number of animals for the proposed location. The property is too close to both the City of Greeley and City of Windsor for such a large operation. The property is on a major access road, close to an interstate, and it is not in the future growth boundaries of the City of Greeley or a least not in the near future. When we talk about an official definition between the urban growth boundaries and the agricultural areas, the City of Greeley specifically requests that these be low impact agricultural uses. This is an extremely high impact use, and is certainly not an appropriate kind of use to be serving as a buffer zone between the agricultural areas and any sort of urban growth areas. We heard a lot of concerns from the surrounding residents and landowners. Therefore, this is not conducive in anyway to the health and welfare of the individuals in the area._ The_ Planning Commission has .heard concerns about disease, dust control, odor, noise, wandering animals, and a great deal of concern about the water both in terms of how the drainage and potential seepage will be handled. There is a potential for increased traffic accidents, and finally, even though we attempt to cover things in development standards it appears that it would be extremely difficult, if not impossible, for this operation to even comply with the development standards. Motion 'seconded, by Paulette Weaver. S70421.' Against Passage USR-791:8716 - Gary Bragdon Page 2 For Passage Lynn Brown' Paulette Weaver LeAnn Reid Lydia Dunbar Louis Rademacher Jack Holman The Chairman declared the resolution denied 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 May 19,- 1987, and recorded in Book No. BI of the proceedings of the said Planning Commission. Dated the 20th day of May, 1987. _Bobbie Good Secretary 8'70421 ®O num lams remnMu W Yw. I ice rONm • .M, vat mu TWA, F t n{"" delivered tq end the date of delivery. or additional fees Me foltodang rervins are avaltabletc,nault . postmaster for fw sod cheek bodes) for additional servings) raabsted- '✓t,..f':. `o./.a - ', r° t -: .Q. Show m wlsnm delivered,dafe,end iddrasses'aaddrae. ---1-i. ElW Rkted Delivery �.,. 3. Arcata AeWssoastn:: - f . - L GARY BRAGDON 4106 22ND STREET GREELEY, CO 80634 - ' I _... --- ,. :: 4. Ards!, Number :�;, .- �-' l40o7-g?' `^ > • c''� Type of Service: �r.�y imarred r�;;- Cerrtiif`i�e`d'� � `'; ty ❑ ExpressMau` ,-,._ _. �Z , Always obtain signature of addressee or agent and DATE DELIVERED ,C,. 6 Sig ressae Y1A - \ .y r X _ ;:"•./.....::: 8 Addrawes Address /ONLY if regyested and fee pdtdj• . r ar .fin ^1 ,t r {� r r?"*iJ ^� 'd "rN h J -w a ar .ti ...,. .ni 7042S\ v a 8 Sigmetire Aged[ ✓ 4 y V;: . a e M K hh x c rJ 7 Date of Delivery <4ti _, MAY 111987 KOCIK io 40.095051 OS/ 09 NOTIFY SENIUER OF: Na.1 A KOCHIS 2217 BRIXTON FD FT COLLINS CO S0;:x26 rutldtf edanw Tm the "RETURN TO" space o t Ow mown- fide. Failure to do this will prevent tilts :.. adfrom bNmg main to IOW.The fee will .��-..-�.;.(�,��^.�ypu �I�ItN pith �a�0� :: OkOfeftti torq lWC�%If .�tlWtl� feel thetO1ttnsQf aR(VO{tiatttioranti { _y.:r_..o [a)rtor,eddhioM servIsM4 r!4tated- c'p "v �r��c'`. 1. ❑Bhot( to wham tiro. end eddresre'saddraa_n. .2. O Ratrieted Wintry .�., DOMESTIC RETURN RECEIPT :7 i m r ti n 0- 0 m J a so a 0 El- O W 1≤ to 0 m R- ,Ti; t cc acVl ¢1_? 1�as w.., d W Ustq CI 0 0 pro` OC0O ti wCC Lacn x O an7T x a 3 J � QC m r- 0 w t ti 17. Pt.: Q H a 1, 44. p- ¢ 12 ta la U$W� 0is G u- � a r•� m J_ cc m o=_ : N LLI I ru u_ O ¢ __ t = U r� O 61 0- - w U w re I x� MM1 m fr. .4o ED - r xo Pa ▪ Ft crap w w viz r , c co TT C M> g'c-)O \O , .o<vvnvot Drrus-nf r` U c> z o M co rte F 00 U t,•1 0 0 ww ,44 J HI O W N O N CO U La J Q i :54 1 vi -4 m o T n ,-... C 6 .o ¢ x'= w L a 4 cc ztil ? as x O • a t` T LL F d d 1 a • g tea O y Lna N Z •W M1�S- w ¢ • SENDER Complete items"' and 2 a han additional services an desired, and compare "tars 1 and 4. Put Your eddesa in the "RETURN TO"!Pace on tla revise aids Failure t 1 do thlswtll preilem this --I. card from being returned to You: The Mori) recelDt fee will pigt WV the ^VI of L delivered to end the date of deHvuxy For addidoM fees the fblfbirring w:. servilie aryl yyHfabfe Comuh Postmaster for feat and cheek box(W.tor additional satvke(sI requested_ K -.r fd . 1. Q Show to wham delWsred, date. andaddnssae s addno,''.:�,erc y. Q Reetrkttl DNMrY�� 9 SAnkle Addressed tot_ —;•<.��Q"3,ss._&....a:::n v.: i HARRY & JUDY HARTSHORN ROUTE 1, BOX 37AA ( WINDSOR, CO 80550 \.__ Y -- "' 7�"' a'^t-vunT y--.----.-..---,. 4. Article Number r' c ,n `-.�Ypeofj�SWtL7:_cit.? .. �],R • Nfhti ed � � CatMred-"imp, Express Matt. ::fr ...T aSsir ` Invited , cop .1 - ;:t7 -..,u.. Always obtains signature of addressee or'.. agent and DATE DELIVERED b. SrgnaJjtu�f Add X , • H Addressee's Address (/ONLY If iegarstt'd ared far paid) e -'v fY r I B. Si -,n {Agate � r ,. �y 7. Data of Delivery y. , '-�>� • SENDER. Complete Iterta 1 and 2 when additional services ere desired, and comfits Items 3 and4. Put Your address in the "RETURN TO" mansion the inverse -side. Failure t0 de this Win prevent this$', card from being returned to you. The retam receipt fast willprovide you the name of the person - delivered to anddate of delivvearJy. For additional fns the following services are NAilsbq Corush raquasted _ „i,,,.Z.4-r i . ed ias ':"sue 2.'O Restricted DaIItI�^-. _the postmaawpor,„ es and,Oetk box(ad}for addiUoral erviee(t) 1- Q Show to wtiorn delivwad; Wti a a arldrm See 3. Artkla Addroudeat , Ass �" s> %�3�3P F,." -fir 4. Article Mranbes -�•. 'tee ', -.ye/ . ,q jl HARRY & ELVERA FRANKt�� 6538 EAST HIGHWAY 34 LOVELAND, CO 80537 ,•_, ---+r•---�,-.�...__� T a°ha°'� � 1ty� OOfrou �q Certified"-. *C�] COD 41ltcpnss Mill' r +k�,x:'CP ,2t ::: 1 4'yr J '�egent obtain atgriature of addressee gf �- and DgTE DELVERED ��-c^ S.S re }Addraaes . _k, t✓i w•• -. X I. 1.-7.3:-* rte-; if.Addressms Address ONLY' ...y p�( �.r,,.y eQuQICdand.. 1 ,�� — ,....,:::-..--,5-.7.... / . e 4�'.� '' 'F 1 . 7 Y �' j2u,''"L+S"` `�.-{F- < .9' C -v. �.•=2'$ - . .-y\" 8' x A tea m x�...1-7i;- Ten. -:42:is 6 Signature Agem - ,x-. 1r -O c ,,.. ,• X :,`.LLJy3 �[r r 'X , iy`� 7 Date of Delivery �� % ::WY ? 39811 =� x°Fw on c....., ne„ m„ ,sec . -Os c .. r .r M"?-dw Eyries :i.DOMESTIC RETURN RECEIPT` -ass gp1�to en the tp el r uv [ t._ i i • . w! c r. •v .r. ac ��-'— del to end tM date of [1N . r e .m ..h, .,..t,� postmaster for fees and check boDr es) *additional »rvtu n0 are nay -!.- ❑Show— to— whom dtllwrstj; date..aldaddtersw'f addnta:.'�?,7C2• IIIe� DNi�re�r ;n= ✓Ste* ZEILER FA RMS, INC. 820 FOOTE CT. LOVELAND, CO 80537 7_ Date of Delivery,..: • PS Form 3811_ cb.1986,,;;, the :4 A4rt//lJ�el�a/�}Ntu7n-b�.e.ryy :Always obtain signature of addresses or,. agent andRATE DELIVERED .;= DOMESTIC RETURN.RECEIPT - PostmasterIMIRT:and deck box<es) foe addhlotui servka�( 1_.Q Shaw to whom daiivesed, dateand eddraaafaddrsa.-.. 'aqua■tacL 0-11-4tt' _.rZ ■ Restricted UMwary__*_„ 3. Article Addressed tor-c-m•,.c"-- -w .r -- ... -.:. _ --., ..„,„,Y•.Srw+�s..,., rY,:„...y....-i Y9T 4 &nicht Number ,• �-e - ' • [ 4'4 )9. �z' (-�©a EDWARD R. & PATRICIA SKAGGS 7825 EAST HIGHWAY 34 WINDSOR, CO 80550 - _ -• - - _ , TYpa of soma Y, r -- ` ".-- nrr-,*•"r }JT'y'l cat� � Pxa1J C' o'd Express man _-„r-'"` *--:4--1,e.2...7., r-"�M..'`. Always obtain signature of addressee r .: agent and DATE DELIVERED '„j, ^::` 6 Sgraturo Addressee a "f . -*,z• ,.s r aS. a' P' L ; - . X '': �,1i��"' 4'°� Y �.'t'" H Addreaaa's Address ONLY f f i l -. .t. `<QpCllfl a7ld K fgr. . ' _r r.Q• n.1 rye,, ��y.c'JY t' .. .rf ilex �} �,- r 9tin 7. Date of Delivery -,-144.--Z.....&:-.^>"----,--‘\ Ty ,.- ..G� 19 , .a worm .wr r, reo: t7do r- ' • DOMESTIC RETURN RECEIPT s_1, J it Q M ••• IN- pa: _ fU re z - z .o Co U Q x o m m U - q N N 0 J O U Yr W S w N H Z 5 Z a CO W O w CO.0..' GG N 2 Cr 0 ri m a r rt• T C m 1 C m m a = ad o z 0 _et'va w o ‘c z - , cc W E M �-1 N 0 N - O °O CO a� W H X O C ral 3 w CO W Y a FE* n CC Wow x 2a7 Fa o ,-7 >4 D N u1 2 O W CO0 M O F O .4 CI U w a o 7Y,7.. N- tn 6 z sew OD H W N n CO =CO -a O IT! w = N LL - wit' U -,' W O p a.7ono CO H f N 3 n+ 0'S'n I I Le: • SENDER: Complete. Items 1 and 2 when additional services an desired, and ce iviere iteme9 and 4. Put youraytlrossIn the "RETURN TO" space on the reverse side= Failure to do -this will p r event this i,'- delivered tfrom o returned of dW. Th. or adlallir rypipt fee the PrOW�fR I�rvlcef lti WA�4bla,. - 9 fo7M es and of It boxy. For additional l fees the felbWT fit }._: postmassar for fees and check box es) for addiUCryl wrviyls) �q�� r " ^rata - jig --- i fyy",ted �V.. t. O. Shwa t0 whom dsthrered date end"eddrassae'i address. - A 2 O Restricted ONivsry, �nu 4 Ankh Number oz - a � l `SQ`u: L egistd •� l [,� insuredCertified A Enema hyH: '2.!t 3, .c ,i_.,1 COD`_ 3, Arils Adeltiond to: • HENRY ZIM ERMAN ROUTE 1, BOX 161 BERTHOUD, CO 80513 - � M Always obtain signature of addressee or. "---n-_ ^-;___—.agpnt And PATE 7. Date of Delivery _ P8 Form 2911,Feb 1986 Ataiden/ DOMESTIC RETURN RECEIPT Put your address in the "RETURN TO" space on the ravens aids. Failure to do this will prevent this card from being returned to you Tha rturr2r�rr�ac�ilsf fee will Pprrpprviiddft,� vguy.tthhse pptt ttnn.appsersQtl delivered m4it4 the date of delivery. Por iadRtonel fee: the fo1}otJfngjlFrir(ga an aY3Flable, Cor podlnastertbrlees and cha0kboxesl for Wdhidtrel rrIcir s)tapueafed. te�:'x'' ;; :7, T. ❑ Silos; m whom'eNhrorad, dose; ant addrespe'e eddran,�2: [} Restr(etad Delivery.' al ROUTE 1 WALTE R ZMDIERMAIC BERTHOUD BOX I" > CO 805I3 I Ahrrrys abtdn:signasure of addressee cc.., fiend GATE DELIVERED. ,'j--1..'.". 5.S (7��7>-�urop—�Addressee , X et r- �il[�e G� 8 Signature 7. Date of. Delivery N i-ynN <�rr PS Form 3811,Feb 1986 'y Oc/5,,L,L_C!J--.l r DOMESTIC RETURN RECEIPT +.Z /L�roT_/ :e''';'• ��x<,. rN,. ° \..�i' Wes--rr.-,-..1._,.. ti` vs. re.runaacer VT rorunantOMI TeeaVN follow( POSVneetef for fees end checkboxeei.for additionalsendesfsl requested- .,:.xesereavd.:1`. '1. t II Show -to whom clelrverad date; and addressee's address, ='::4..2..0 Rsetricurtl WI' 3 Ar_tkla Addre�ed to, ��t-.1,-)4.:7-11;.,r , � hen'-' 4, Attlala icundter n Fba 7.3GG t�tttiff? fisierey a, 1� Candied .'„ E7 COD Express Men resseeb Address (/ONLYff - nquestedendfeepoldj 14" cK FRANK dr KATHIE PLATT"Li -28607 WELD COUNTY ROAD 17 WINDSOR, CO 80550 ^.m S iDne ro-Addro 8 Signature —Agent X f. PS Foam 3877);W 1986 �Z�n ry`DOMESTIC RETURN RECEIPT'•-'° pasu..anm lN.ce. �'a�..rv.... �' a ,., rrii.,ti4 r i r :.; ,✓i C'r'y^ t ❑. Show m vmorn aelivand dots, end addrenee'a - %.'"a k -a', .2. Il pegwry ".1.5'�.: Type of Swv(p stir Express Map Always obtain signature of addressee of agent and DATE DELIVERED ' ei 7 1 THOMAS dr.GERTRUDE WEILER 28641 WELD COUNTY ROAD 17 WINDSOR, CO 80550 6. Signature — dra/g/�_e 7.. Date of Delivery :Type of gagiateredtl� CertifiedFxpresa Mail Always obtain signature of addressee or agent and DATE DELIVERED. a COD • 4 S :n• PS Form 3811, Feb.1936 ;r1 . _ / -- f 5; DOMESTIC RETURN RECEIPTS m S f1J C a - a T a R S n 1 T a T, 1 CL m•• to t5 a - O r9 m D. isa+ a_ U ¢' E m 7 W S ph -X O z0xC° co rn • o •ate c x • a W F O W e, X rr CO MCC c7 P. HANKINS E. r` c m VI d 2 2 tb zo grano a C U tr] a W H G y wnm a 6 t7 C4 Z o > coo 0 C.7 ra u, a vocwo. mo. v a D"s"n x S cn ca rA rn H .O CO Z Z O 0 Z O U d m .b - Ca a x o co M E Et F E CD W 3 x car ,. you. s•n • .SENDER: Complata.Items t and 2 when additional services artdesired, and complete items 3 and 4: Put your address In the "RETURN TO" spice on the reverse side. Failure to do this will. prevent this ",'_ card from beano returned to you fee will p delivered t� and the date of deliof the f and o�xpr OMl see O -- It postmester for feas chock boxTesJ for additional sarvkela) requested. Y";stVs.in,,..."---- 1. O Show to whom delivered rime and s.'aI'SS es lNery?., �,,eeFf� addrassee't address. 2. d Remitted I>•Ilverl.ai`"-..a., '3, Article Addressed LoNr y� ,. � 4. Artk% Number ELMER E. LUNDVALL MARTHA R. GOSS 3490 W. 49TH STREET GREELEY, CO 80634 6_ Sig teture - Agent _ 7. Date 7 t^e of Delivery PS Form 9811, Feb 1986 • w 91 471i -ti; Always obtain signature of addressee or agent sa sdpATE DELI V ERE CI. ?v:.;;. 8. Adrrressees Address (ONL 17ff feguestedend fee pard) ,e - DOMESTIC RETURN RECEIPT . N. ''' vprV p phe date q�Iawry. or additional set ,,are �)PufhuiT-fMrfees and oche Mules) for service s) requested. -,.; ' - ._ ..-sees . . 1. ❑Show m to dailwnd,Wen tb,d addressee's addrrs.'.-:=z-.'j_.©Reatrlebd DNMrv: 3. Article Addrtead MARL ,N P. HANKINS ROUTE 1 SOILNSTOWv, CO 80534 6. Signature —Agent X 7_ bete 4 Ankle aUraber Always obtain signature of addressee a, 'apant and DATEDELLVERED. =°':?-=4,? - PS Form 3811 Feb 1986 + - DOMESTIC RETURN RECEIPT • . r?. �1t -.. card from beano returned to -you: The return receipt fee will provide you the name of the perun +" delivered to end the date of delhmrryy. For additibrrai feet the folla4itg services are avdlat Cerauh Postmaster for fees-.mxt check boxleak foradtlitional servka(s) requested - 1. [] ShowThto tvfiatn delivered. Bete, turd addressee's address. -�.- I ❑ Restricted Delivery. -it-., -...i..&taM4. Addressed toz.z.:„ . '. ra_ : Y. h..} .5:.J. CARL E. LEONARD DONALD E: LEONARD 500 WEST 3RD STREET LOVELAND, CO 80537 i 7 - Date of Delivery :6":- PS Form 9811 Fob 1986 4, Article Number, r» r ";c5797-�= d•r t: Type af, _Sonia Ilsteradbw u taw,red`'i�_:- Cert7Rad COD�t- y� Fxprass Map:.:'�.t,,'�>r;r,�-;:.wcp^'f,�"t Atways obtairtslyneture of addressee or agent and DATE DELIVERED. As�r,,; 8. Addressee's Address ONLY 3f-� requested and fee - - 4 is _ �}_' DOMESTIC RETURN RE tip- I \in, Y I dalIV fired tsO andhe date oTaer . �avp. �-.. } ~ h�'"v"v `' `t •°Y "�;;;;tc `- pwvnaiter for fao and checkbort es) for Wditionat seivke(s) requested 1.`j', _ • . t-C1.Shovito whom dalavared, date:end addressee's address.--,�...2 O Rastrkted pelts..., 3. Article Addressed to: -. WALTER & ANNELIESE ZIMMERMAN ROUTE 1, BOX 161 BERTHOUD, CO 80513 6.5 X X Oate of Delivery PS Form 3811,Feb. 1986 4. Article Number w `-' ea2 7yo Summary of the Weld County Planning Commission -Meeting May 19, 1987 Page 3 Chuck Cnnliffe reported the proposed amendments have been published once prior to this hearing. :They will be published two more times and there will be'four:more hearings after today before the changes are adopted. The Chairman asked the secretary to poll the members of the Planning Commission for their decision; = LeAnn Reid- yes; Lynn -Brown - yes;_ Lydia Dunbar = yes; Louis::-. Rademacher - yes; Paulette Weaver yes;- Jack Holman - yes. Motion carried unanimously. 'CAS£ NUMBER: USR-791:87x'16 APPLICANT: Gary Bragdon REQUEST: A.: -Use by -Special Review permit fora Livestock Confinement Operation in the A (Agricultural) zone district (20,000 head lamb feeding operation). LEGAL DESCRIPTION: SE} of -Section 8, T5N,. R67W of. the 6th P.M., Weld 'County, Colorado. LOCATION: North -of 'United> Stated- Highway 34, west of Weld:County: Road 17; 'approximately 2 miles west of Greeley._ APPEARANCE: Cary'Bragden, applicant, stated the ---lamb industry in Northern Colorado has been an important part of the economy. This location was chosen because of the cost, the lay of the land, the roads in the area are convenient, and the property is zoned` agricultural.!-"The:-services..available-are water and natural gas. Tape 281 — Side 2 He met with the City of- Greeley Planning Commission and they recommended denial, although they did not have a full board. He also met with the Town of Windsor Planning Commission and they recommended approval unanimously. He previously had a lamb operation north of Severance seven or eight years ago and did not have any problems with the neighbors. He will convert the land currently -Planted to row crops into pasture and will run about one hundred head of ewes. The pasture will be watered with the runoff. He is 'allowing fifty -square'-feet per animal instead of the usual thirty, so there will be --more -drying ;potential. Run -.off, and, rain water will be kept separately. He will be living on the ,property _himself. He.eommended the Planning -Servicesstaff-and Wes Potter,'for.a11-the-help given,to him- He has revieved theLrecommendations,: conditions, and development standards as outlined -by -the staff=and lax no problems -with them. - The Chairman called for discussion from the members of the audience. Lrfficen 870421 Summary of the Weld County -Planning Commission Meeting May 19, 1987 Page 4 Mr. _Henschel, resident -.of:-_Indien Head Subdivision, -stated -there are seventy-four lots in this subdivision. Approximately fifty have been built on. He discussed potential problems -with -odor and drainage from the run off. Tom_Wyler, adjacent property. owner, raises exotic birds. He 3s concerned the lagoon, next to his property, and the. dust, and spreadof disease will contaminate his birds. Katherine Weinmeister, Zeiler Corporation, is opposed to this request because they plan to develop their land in:the future. The feedlot will -cause dirt,, dust, and odor. --Their. land is dryland and not irrigated. Frank Platt, £i-Du Dairy, said they are concerned about disease spreading between. the. sheep and, their •cattle. They sell, and ship cattle internationally, and if some of these -diseases were to spread, they would no longer:he to_ship,these.:eattle to 'other ,countries._ He presented a letter from his veterinarian: :, _ Tape 282 Side 1 Bob:Sorenson, surrounding property owner, spoke --in opposition- to this ::request.:_ .Don Leonard, surrounding -property owner; spoke in opposition to this request. Dan Stroh, represented the current property owner, Robert Uttoson. This land is ready to go into foreclosure. This proposal should be looked at -from a -business standpoint.' Gertrude Wyler, proposal_ Brad Wyler, adjacent' area resident, -property owner,:spoke in opposition spoke in opposition to this proposal. to this 'Gary Eragdon discussed the lay' of the:land and the prevailing direction of the winds He- wrote letters to all: the neighbors; himself and no, one has contacted him.:Water pollution and drainage have been studied by several experts.:- Rscalled the Dean of the Veterinariad.School at CSC, and he "Stated -he- had never seen. a::case of _blue --tongue in ,,either Wyoming or Colorado.' This location:was chosen because price -dictates ;where one locates at this time. Wes Potter; Weld County Health Department, reported run off provisions have -'been made on a'twenty-four hour, twenty-five year storm. The soil in this area is compatible with the type of system they have provided. 870421. Summary of the •Weld--County'Planning Commission Neeting' May 19, 1987 Page 5 The Chairman asked Lanell Swanson to -read the recommendations, conditions, and'developmeat standards -into the record: "Tape 282 - Side 2 MOTION: Lynn Brown moved Case Number USR-791:87:16 for Gary Bragdon for a Use by Special Review permit for a Livestock Confinement Operation" is the Agricultural zone district for a 20,000 head lamb feeding operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial because we are talking about a large number of animals for the proposed location. The property is too close to both the City of Greeley and City of Windsor for such a large operation. The property is on a major access road, close to an interstate, and it is not in the future growth boundaries of the City 'ofGreeley or aleast not in the -near future. 'When .we'talk about an official definition between the urban growth -boundaries and the agricultural areas, the City of Greeley specifically requests that these be low impact agricultural uses. This is an extremely high impact use,' -and is certainly not an appropriate kind of use to be serving as a buffer zone between the agricultural areas and any sort of urban growth areas. We heard a lot of concerns from the surrounding residents and landowners. Therefore, this is not conducive in anyway to the health and welfare of the individuals in the area. The Planning Commission has heard concerns about disease, dust control, odor; noise, wandering animals, and a'great deal of concern about -the water -both in terms of how the drainage and potential seepage will be -handled. There is a -potential for increased traffic 'accidents; -and finally; even though we attempt to cover things in development standardayit appears that -it wouldbe extremely difficult, if not impossible, for this operation to even comply with the development standards. 'Paulette :Weaver seconded 'the -motion because -while we do needthese agricultural uses this a very large number of animals and there appears to be no way to mitigate the real impact. There are rural residential areas very near by and whether or not we think they should be there and whether or not we think they should -infringe on agricultural `uses -they do exist and they have been there for a longtime. This -is too large<a:-number of animals in an area and in a location that just'doesn'C'permit this type of use. fordiseu§sien from 'themeMbers: of; the Planning 870421. • Summary of the Weld_County,Planning Commission_kleeting - tiay 19, 1987 Page 6 Jack Holman wished to go: on record that his feeling 1s that even though there are few houses in the area, it is still pretty open country_ There is a salvage yard right next to the proposed feedlot and most of the surrounding area is open dryland farming. He does not feel an operation such as this, with today's technology and with the development standards as stated there should be much problem with a.feedlot of this size. There are all kinds of ways things which appear to be detrimental can be mitigated by _some of today's modern technology._ He.has seen other sheep feedlots of this size,xhat do not create a problem for any. of the neighbors that, are even closer than some of these area Also, since this is an agriculturally zoned area this is what 1t should be used for. The Chairman asked the secretary to poll the members of ;the Planning Commission for their decision. LeAnn Reid - no; Lynn Brown - yes; Lydia Dunbar - No, simply because she too has to agree with Jack. Where are we going.to put our livestock? We have to go to the agricultural areas and we certainly have a lot of .development standards and she feels these. people . -should-be able to put a. feedlot here. Louis Rademacher - no; Paulette Weaver-.- yes; Jack Holman,- no. Motion 3s.denied with two voting for the motion and.four,voting against the motion. MOTION: Lydia Dunbar moved Case Number USR-791:87:16 ,for Gary Bragdon for a Use by Special Review permit -for a livestock confinement operation in the Agricultural :zone district for a 20,000 head lamb feed operation be forwarded to the. Board of County. Commissioners with the Planning Commission's recommendation for: approval based upon the recommendations, conditions, and development standards as outlined by the Department of Planninv Services staff --;and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher: _• The. Chairman called for, discussion from the members of the Planning Commission. No additional discussion followed. Th-eChairman asked. the secretary to, poll the members of ,the -Planning :Commission ,for their decision._:_ LeAnn-Reid - yesq Lynn`Brown-- no; Lydia Dunbar ::yes; Louis ,Rademacher:7 yes;; Paulette ,Weaver -"L no; Jack -Holman -..yes. Motion'carried.. The Chairman :called a brealt at 3.:30J,.m. H The Chairmanreconvenedthe meeting 'at 3,:40 p.m. f370421 042x1 i •_ In:EXT0RT OF ITEMS SURNII:ED FOR CONSIDER TIOX Case Dumber 5. 6. 7. 11SR-eni:7.1L0, APPlicatipn .2C) Pages tpplication.plat(s) page(s) DPS Referral Summary Sheet DPS Recommendation DPS Surrounding Propery Owner Mailing Liet DPS Ttineral Owners Hailing:List DPS 2lapa Prepared by -Planning Technician. DPS Notice of Hearing 9. DPS Case Summary Sheet I0. DPS Field Check 11. 'Attu, ?ito-ee.-liemm:.`..ti"iII1ctit, 13' ffrit4.fri:t- °1 ticl2”`"ctop 20. Submitted or Prenared Prior to Hearinc At AearinA A.0" - ,e" I bereby certify that the T3 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 totheClerk to the Board's office on f? Jca j ,2l 19e7. Current PIS ner STATE OF COLORADO ) COUNTY OF 1dEI.D ) SUBSCRIBED AND SWORE TO BEFORE ME THIS 7a DAY DAY OF 19%-) SEAL' tNOARl T PUBLIC My COQ4m1_„cn Ex27su Fe5:13.19119 TRY C(VOITSSTON k7PIRF.5 S tN/P: 7 ir 870421 EXHIBIT: INVENTORY CONTROL SHEET Case Z/57 ` Exhibit Submitted Ev . tAO A. An,/ Z12 -7v B. get,. G /�?�//- � ,41) 6757 • D- 'SA/ E. �?� y -4 F. 7' Cd./I:?iafa_ // G - ;f, 4e. J. _,-lifted >rM. 1/Ern ��/s1, &kr?tenor Exhibit Description (� i T1 jele. nr. i r�ifrtZ r r - �,� ,2'y �� -e-- !!A-rzez/ �7 N AC, 1St?? P-111cj ilL5 X10. A Anegili 2�%i IC:77761171.‘749 (1 Ski ��ee6 �n1 ceithet L a2rie, 47/4---5/3:a7 &Jig A/ Artie -5 7kEig 02/057---r Ara:AS1.7 8'70423 EXHIBIT INVENTORY CONTROL SHEET PAGE 2 Case USR RRAGDON Exhibit Sohn itted' Exhibit Description./ -I; P-.. `'-:. - -... .:. - RETTTTON FROM TN TANRFAn �. Qt BRAD -WEILER _.-T.F,TTER FROM-MARVTN mPLLON e. R. BRAD 'WEILER-- LETTER -FROM -GERTUDE WETT.ER i[. S. BRAD WEILER '7E_ T. GLENN-BILLNGS G: N. GLENN'BILL'INGS - _PICTURES GOLDEN--TR T-ANCT! F,-2fAP--' CONCEPT -PLAN i O. 8'70423 •.; • To whoa it 'nay concern: ASSOCIATEDVETERINARIANS P. C. 1901 1ST AVE. GREELEY, COLO.80631 PHONE 352-8951 May 29, 2987 I am writing this note in retards to the proposed sheep feedlot close to El -Du Dairy. most o£ my concerns deal with the impact of the sheep origirationg_tram several' localities and the health and saleability of the registered dairy cattle .at El -Du. One disease that can be transmitted between cattle and sheep is-bluetongue. The virus causing this disease is carried by the Culicoides gnat. This virus could potentially be transmitted to the cattle. Often this does not cause severe disease in cattle but on blood tests the cattle will show a positive titer to bluetongue. This is significant in a registered herd that sells cattle ,inter - 'state and internationally as this may stop the sale of the cattl_. Also, a disease called maliguant Cattarral Fever has incritinated to -some extent in sheep and cattle being in very close proximity. My last concern is the potential dust created by this many sheep in the summer time and the effect this may have on resp- iratory disease, especially in the calves. 870421 been I -hope you will give these concerns your sincere consideration:in decision. Respectfully, Piet ti4 Ron G. Maifeld DVM Associated Veterinarians- P.C. 870421 May 13, 1987 Weld County Planning:Commission 915 10th Street Greeley,. CCYH Attn: Lanell S. Swanson: Dear Commission Members: As President and spokesperson for the Zeiler Farms Inc., a small family corporation consisting of the immediate family of Henry Zeiler (deceased), and namely, Alma McKee, Richard Zeiler, Ken Zeiler, Ron Zeiler, and Kathleen-Weinmeister,_I request that Gary Bragdon's petition to establish a 20,000 head livestock (lamb) feeding operation (one and three-quarters miles East of the Larimer/weld County line and one -eighth of a mile North of HWY.34; docket4 8719) be denied. The Zeiler Farm operation, an approximate 640 acres adjacent parcel, is strictly a farming operation at this time. It is supervised by:Lloyd and Randy Schwalm andtheirimmediate family who live on the 160 acres directly West and adjacent to the proposed Bragdon operation. Because of the short notification time in announcing your meeting and the fact that our corporate members live in California, Texas, and Arizona, we were unable to circulate a petition which contained all the owners' and the operators' signatures. However, 2 was able to notify each individual and what follows is our collective objection to the establishment of the proposed Bragdon feedlot and grazing operation. Each person f represent has spent, at least, eighteen years living adjacent td the land Gary Bragdon wants to use for his -lamb -feedlot operation. Each corporate member has previously been involved'in'a dairy, grazing hundreds of head of sheep, feeding hogs and cattle and raising horses. Each of us have first hand experience with grazing_, and caring for sheep. Even with an economic appreciation for what Gary Bragdon hopes to achieve, we still strongly object to the proposed operation based on the potential for stray animals, the perceived decrease in the value of our land for developing residential sites because of its close proximity to a feedlot, the anticipated,and-uncontrollable-odor and noise, the visual impact from both the ground and airobservation, the dust and potential erosion of soils, and the potential for disease and parasites that may affect animals and pets on adjacent properties. We collectively believe that without a chain link fence on the North, West and South side of Gary's -land, neighbors and, more importantly, motorists on HWY 34 will be plagued. with -stray .lambs wandering onto and across -adjacent properties. At dusk.'and during evening hours; stray animals could cause loss of lives and property_if wander Onto HWY 34_ 8'70423 Noone can reasonably dispute that a lamb feedlot adjacent to a potential residential development site can erase any hope of developing such a site. The decrease in the value of land for residential purposes if such a facility were approved is substantial. There currently exists a cluster of residential houses one statue mile West of the proposed Bragdon property We believe our land has the potential to be a development site. We have documentation to substantiate our claim. Zeiler Farms has both a commercial and small residential plat on land adjacent to the Larimer-Weld County line. For us, unreasonable property devaluation will be experienced if the Bragdon operation receives approval. Zeiler family members are also concerned about animal diseases and parasites being spread to adjacent properties. Finally, the visual appearance, odor, dust and noise created by the high density of.sheep-on the Bragdon property are unacceptable to us. What we, as individuals and as acorporation have to lose; far exceeds any benefit to the community in jobs or other economic - factors. Therefore, we urge the planning -commission to recommend disapproval of the Bragdon lamb feeding and grazing -operation. - Individually, the shareholders of Zeiler Farms would be glad to provide separate letters requesting disapproval. We ask that the commission weighs our concerns and, hopefully 'determines that this type .of operation - belongs in -amore remote -and isolated location. -- Sincerely:, sifitijo lfathleen Weinieister President, Zeiler Farms. Alma McKee Secretary/Treasurer, Zeiler Farms (5.7e.44.4.1 " Richard`Zeiler Board'Of-Directors,":Member Zeiler Farms 870421. Date: May 19, 1987 CASE NUMBER: USR-791:87:16 NAME: Gary Bragdon ADDRESS: 4106 22nd Street, Greeley, CO SC634 REQUEST:, A Use by, Special Review. permit for a_.a Livestock Confinement -Operation (20,000 head lamb feeding operation).. LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado, LOCATION: North of U.S. Highway 34, west o£ Weld County Road. 17; approximately two miles west of Greeley, THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS TEAT THIS REQUEST BE APPROVED FOR -THE FOLLOWING RF4CONS: . 1, The submitted materials.are in compliance with application requirements of Section 24.7 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: The proposed Use by :Special Review area is located with₹n_ the urban growth :boundary areas of the City of Greeley.and the Town_of Windsor. The location -of the. Use ,by Special. Review area -and she: attached -conditions and development standards make the proposed use. Consistent with .urban growth boundary goals I 2,- and 3 of. the Weld County Comprehensive Plan. Urban .Growth Boundary Goal 1 explains that urban development should be concentrated in or adjacent to existing municipalities. The proposed use is located approximately 2 miles crest of the City of Greeley's Long -Range Expected Growth Area. The long-range expected growth area includes those lands anticipated to accommodate urban development over thenext twenty, to thirty years. In addition, the City of Greeley's Capital Improvements Program currently projects completion of services in the long -range -expected growth area in approximately the year 2005. The -City's five year capital improvements plan also projects no new utility services.to the long-range expected growth area. The location of the proposed use and the timing of the proposed plans for ;public infrastructure in the long -ranee expected, growth area should not interfere .with urban development; plans ,projected by the City of Greeley's Comprehensive Plan. Representatives of the Town of Windsor have indicated that the proposed use would not interfere with its urban development plans. 870421. USA -791`:87:16 Gary Bragdon Page 2 Urban Growth Boundary Goal Q2 explains that land -use regulations in urban growth boundary areas`shonld"be maintained to allow the County and municipalities' to coordinate plans, policies, -and standards relating to land -use, zoning regulations, street and highway construction, public infrastructure systems, and other closely related matters affecting the orderly 'development within an urban growth boundary. . Representatives of the Town of Windsor indicated no obiection to the proposed use occurring within_ its urban growth boundary area in a phone conversation on May -8', 1987. On April 28, 1987, the Greeley Planning Commission recommended objections`to granting the Use by Special Review permit because the proposal could not conform to the City's Comprehensive Plan policies 'which discourage the location of high impact agricultural uses With the possibility of causing significant negative external impacts. The Planning Commission's concerns were based on the intensity o£ the proposed use creating off site impacts such as odor and dust at a location close enough to impact future development in the long-range expected growth area. The location of the operation, as proposed, with attached development standards should 'address the concerns of the Greeley Planning Commission: The City of Greeley' does not have a. specific standard for fugitive dust and odor and relies -upon the Weld County Health Department for monitoring and regulating in accordance with State law. Representatives of the Weld County Health Department reviewed this proposal and recommended approval with conditions in a letter dated April 23, 1987. The conditions proposed by the Weld County Health Department regulate odor and dust. The Greeley Planning Commission also expressed concerns" about the affect the feedlot pens would have -on the City's image if viewed by the traveling public from U.S. Highway 34. < The "Planning Commission recommended- a- screening standard in the event the application was approved. The screening standard is included in -`the attached development standards. In addition to -a screening 'standard, the feedlot pens' :are' -proposed to be set back approximately 1,200 feet fro6 Highway"34.' The screening plus the special setback- will'- reduce the "view of the' feedlot -'pens from Highway 34, Urban Growth Boundary Goal 03 explains that urban growth boundary areas should be maintained' to provide "an official definition between future urban and agricultural' land uses.' e The subject site is -located 2 miles west of the City"di Greeley -and irithin=the City's urban growth boundary as a result- of the 1,600 acres, plus or minus, ^Golden Triangle f2" annexation which occurred in January of 1985: 870421 USR-791:67:16 Gary Bragdon Page 3 Because of the extended annexation -and the factthatcity services are not -proposed 'to be completed . within two, miles _of the Use by Special Review area until 2005, -the long—range expected growth area should be considered the official.: definition _`between - future. -urban: and agricultural uses. - The proposed use is consistent with the intent of the agricultural zone district in which the use would be located. The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural zone district. - The uses which would be permitted will be compatible with the existing surrounding land uses. North of the subject site the principal use is agricultural including a dairy operation and crop production. East o£ the subject site the -principal use is agricultural (crop production). West -of.the'subject-:site the prineipal.use is agriculture, including two -cattle feedlots -and crop.production. South ,of_the subject site is U.S.- Highway 34_ and : the- principal use is agricultural (crop production). - --The use which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County and the adopted master plan of the City of Greeley and the Town of Windsor: - The future development- of the surrounding area is intended to remain- agricultural An nature. The ,City -of Greeley 'project's that .services for urban. -development will be -available two miles -east of this site.by the year 2005.. The -Town of Windsor has no -plans_to-provide services within two miles of -the -subject site. • No overlay districts affect the site. - In locating the feedlot pens, the lagoon system, and the residence the applicant has demonstrated a diligent effort to conserve productive agricultural land. The use by 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, °'. 870421. 870421. OSR-791.87:16 Gary Bragdon Page 4 is The Department of Planning Services staff recommendation for approval conditional upon the following: 1. The Use by Special Review activity -shall not occur nor shall any building .or -electrical permits be issued on the property, until the :Use by Special Review:plat has been delivered to thei Department of Planning Services' office and`.ahe plat is ready to be recorded-X3r the office of the Weld County Clerk and Recorder. _ Prior ;to.recording the Use by Special. Review Plat: TheDevelopment:.;Standards for the Use by Special Review permit shall be :adopted and placed on the -Use, by Special Review plat; The plat shall be amended to show: a. Relocation of the access from Weld County Road ,17 at least 1,000. feet to ;the south of the proposed access on the plat:- Such -access .shall be adequate to serve commercial truck traffic as determined by the Weld County Engineering Department. b. Landscape screening of -.the pens on the south and west -sides consisting of!evergreens staggered at 20 to 25 foot intervals. 3. Prior to -construction o£ the Livestock Confinement Operation, evidence shall be -submitted --to the Department of Planning Services that the - Colorado Department of Health, Water .Quality Control Division, has -approved a report,. prepared :by a Colorado Registered Professional -engineer;demonstrating_ compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. DEVELOPMENT STANDARDS Gary Bragdon CSR -791:87:16 I. The Use by Special Review permit is for a Livestock Confinement Operation as submitted in the application materials on file is the Department of Planning Services and .subject to the Development Standards stated hereon. The maximum number o£ animals shall not exceed _20,000. The Livestock Confinement Operation.shall be used for lambs and sheep only. The confinement of other animals shall require an amendment to the Use by Special Review permit. _ 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and thefacilities shall be constructed and maintained in accordance with the State Health Department's Guidelines of. Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. A letter, from a .Colorado Registered Professional Engineer shall be delivered, to the Department.of Planning Services prior to the use of the runoff containment facility and: the wastewater disposal system, certifying that these facilities are constructed and are in compliance - -with the stated standards listed hereon. 4 All storm water and Livestock Confinement Operation runoff shall be controlled and confined within. the.boundardes of the subject property. 5 Landscape screening shall be maintained. The trees used for landscaping south of the feedlot pens shall be a minimum -of four to six feet at the time of planting. 6. A Weld County Septic permit shall be required for the proposed home septic system. The septic system shall be'installed according to the Weld County Individual_Sewage Disposal Regulations. 7. The septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the weld Counts Individual Sewage Disposal Regulations.. 8. An emissions permit shall be obtained from the Colorado Department of Health, Air Pollution Control. Division. ,The applicant shall', comply with all requirements of the permit to control fugitive,dust.and odors. Residential odor standards as set by the Air Quality Control, Commission shall be met. 870421. s Development Standards Gary Bragdon USR-791:8716 Page 2 9. The applicant shall remove, handle, and stockpile manure from the livestock confinement area -in a manner that will prevent nuisance conditions. Manure ,shall- be removed from the site at least once every three months: The manure piles shall not be allowed 'to exist or deteriorate to --a condition that facilitates excessive odors, flies, insect pests, or pollutive runoff. `'The'manure storage site chair have a- water tight surface, as approved by the held County Health Department,` which does not -permit seepage `or percolation of manure pollutants into the -ground. ✓ 10. Wastewater' shall be removed from the lagoon system a minimum of once every six days unless weather does not permit. 11. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shell terminate automatically upon conveyance or lease of the property to others for operation of the Livestock Confinement Operation. 12: Access to the Use by Special.Review operation shall be from Weld County Road 17 and U.S. Highway 34.' Only residential traffic shall be allowed to access directly onto Highway 34. 13. I£ it is determined by the Department of Planning'Services that odors from the feedlot are affecting uses located in the City of Greeley's long-range growth area and that standards 8, 9," and 10 are not adequately controlling odor, then the operator of the permitted use will work with representatives of the Weld County Health Department and the Department of Planning Services to develop and implement new standards for mitigating odors and dust. In the event that the operator disagrees with a new standard,- a work session with the Board of County Commissioners will be scheduled to discuss and determine i£ the new standard ahoald be implemented. • 14. All construction 'on- the property: shall be in accordance with the requirements of the Weld'County Building Code Ordinance. 15: ``The property -owner or-operator'shall be responsible for,complying with the Operation Standarda of "Section 24.5'of 'the Ueld County Zoning Ordinance._ 16. The property owner "':ox'operator'shall'be responsible for -complying with the `Operation, Standards of: Section `24:6 of%the Weld County Zoning ..,'Ordinance. .. .._. 8704211. Development Standards Gary Bragdon USR-791:87:16 Page 3 17. Personnel from the Weld County Health Department, Colorado Department of. Health, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated heron and all applicable Weld County Regulations. 18. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reasons for revocationofthe .Permit by the Board of County Commissioners. 870421. 0421. - CASE NUMBER: USR-791:87:16 NAME: Gary Bragdon ADDRESS: 4106 22nd Street, Greeley CO 80634 REQUEST: Use by Special Reviewfor a 20,000 Read Sheep`. Livestock Confinement Operation in the A (Agricultural) zone district LEGAL DESCRIPTION: SE} of --Section 8, TSN, R67W o£ the 6th P,M„ Weld County, -Colorado LOCATION: North of, United States Highway 34 and vest of Weld County Road 17, approximately.two miles west'of-Greeley: SIZE OF PARCEL: Approximately 150 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of --this Use by Special Review proposal is listed in Sections 24:3 of the Weld County Zoning Ordinance. The --Department of -.Planning -,.Services. haa-received specific recommendations from the following referral, entities: Weld.County .Realth.Department . Weld County Engiaeezing;Department City of Greeley P7bnning Department Stete,Highway Department Copies of -these referral responses are 'included in this summary packet. 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(��• t,3� te.,t....a.*1jtf , -.— Z 14-'N ._t ♦.9:-;,:;47..S Y t �; TI T'"]•r ' `a . 7 M r '5"' k-1.-' ,., i 3F -O- ., r. Kf C!#°-"y . i r•.. V•l -"7-e,•"4",- v i.. . ofr} 't t! 7 T Pik. il f< �....:.';'., C.; 'S. .*' ;ri'� :-;:%;,.-7-..-1.---4.1:1—:,--,7c."'. ` Ati c �y`C�. ti<_-- _ ' REFERRAL LIST APPLICANT: Gary Bragdon<. CASE EIMBER:- IISR-791:87:16 SENT REFERRALS OUT:, ;REFERRALS TO BE RECEIVED BY:, April 27, 1987 NO SR NR ,/ _X Weld County Health Dept..,- 'X ,Engineering Department. X County Extension Agent NO SR NR X City of Greeley Planning Department 919 7th Street • Greeley,., CO 80631 X State Highway Department — 1420 :2nd- Street- Greeley,.CO-.80631 X Greeley Soil Conservation Service 4302'9th-Street:,Road; , Greeley, C0- 80631 X Windsor -Severance Eire _Protection, District Box,307; Windsor, CO. 80550 ; X Lynn Brown 1700 Montview Boulevard :Greeley, CO 80631 _ NO�No Objection - SRaSpecific`Recommendations NR�No Response 8'70421_ COLORADO 1� ! rilEMORRIIDUM Weld County Planning o,is April 23, 1987 From Health Protection Servicea Case Number_' USR 791:87:16 Name: Bragdon, Gar subject Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The septic system for the proposed -office -is :required. to be designed by a Colorado Registered Professional-- Ebgineer according to the Weld County IndividualSewage Disposal Regulations. 2. - Weld County Septic Permit is required for the proposed home septic system and shall beinstalled according to the Weld County Individual Sewage Disposal Regulations. 3. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment;.` prior to final approval of the proposed use. 4. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a conditionthatfacilitates excessive odors, flies, or insect pests, or pollutant runoff.' The manure storage site shall have a water —tight surface -which does not permit seepage or percolation of manure pollutants into the ground. 5. Required Emissions Permit is obtained from -the Air Pollution Control Division, Colorado Department of Healthfor fugative dust and odors. By Direction of Ralph R. Wooley, M.D. 870421 COLORADO • �Ja Weld County Planning- -- __April -23, 1987 .... flYte from Health Protection Services 41EE.� ,f;2E-( „fr� Case Number: USR 791:87:16 Name: Bragdon, Gax� SYblect: .. .. - - .. Health Protection Services has reviewed this proposal and recommends for - approval, subject to the following conditions: 1. The septic system for the proposed office is required to be.= designed by a Colorado Registered Professional Engineer- according to the Weld County' Individual Sewage Disposal' Regulations. 2. 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. 3. The facility shall be -.in compliance with the Colorado- Guidelines for -Feedlot Runoff- Containment; prior to final approval of the proposed use: 4. The applicant shall remove, handle, and stockpile manure -from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, or insets pests, -or pollutant runoff= The manure storage site shall have a•water=tight surface which does not permit seepage orpercolation'of manure pollutants into the ground. e . Required Emissions Permit -is -obtained from-the'Air Pollution Control'Dipision, -Colorado Department of Health for fugative dust and -odors. - �. t.�^_ qtr\YE -.y U'r ✓"i-�7�. C.r� 'rli aplz `?:31987 �. itt5 Cb. tl2trt:C t>:da':xtia 8'70421 >xroRpoitgrrol"0 la -Yrasts " GREELEY:CIVIC CENTER; GREELEY. COLORADO 80631 (303) 353-6723' Lan.ell J. Swanson . Weld County Dept, of_Planhing Service 915 10th Street Greeley, CO 80631 Dear Lanell: The Greeley Planning Commission, at its April 28, 1987, meeting, reviewed the request for,a Use by Special Review for a 20,000 head sheep feedlot operation at Weld .County Road 17 and LLS.._34. The Planning Commission recommended objections to this. proposed_ use for the reasons as submitted to you under separate cover. Should the use be permitted, the City Planning .Commission recommended additional.condations be placed on the use._ .These were also sent under separate Cover. The vote on this item was -3-2. If you have any questions, please 870421. COLORADO April 14, 1987 TO WHOM. IT MAY CONCERN: L GC,�j I <G. D P4RilliFNT Or P1l,NN1NG SERVICES PHONE (3C3135 -4j00 EXT 1140:.` 9751Crct STREET GREELEY. COLORADO 80631 CASE NUMBER ESA -791:87:16 Enclosed is an application from Gary Bragdon for a Use by Special Review permit for a 20,000 head sheep livestock.confiuement'operation. The parcel of land is described as SE} of Section 8, T5N,' .R67W of the 6th P.ii.; Weld County, Colorado. . The location of the parcel of land for which this application has been submitted is 2 miles west of Greeley City Limits, north of Weld County Road 58, and west of Weld County Road 17. This application is submitted to your office for review and recommendations. Any comments or recommendations 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 -recommendations.: Please reply by April 27, 1987, so that we may give full consideration to your- recommendation. Please .call Lane11.J, Swanson, 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. We have r request and find that the request oes 'not)jcomply with our Comprehensive Plan for the following reasons. {} l eti.tr- We'do not have a Comprehensive Plan, but ve feel:this request (is/is not) compatible with the interests of our town for the following reasons: We have reviewed ,the,proposal,and find no conflicts with our interests A . formal recovmiendation is' under" consideration _ and, _ will be submitted to you prior to: r-ro the.enclosed-letter. Agency:; - f'• J / _/,; - � ! 17r t ) 8'70421 PLANIPG COMMISSION SUMIMARAEET ITEM: Weld County Referral PROJECT: A Use by Special Review for a 20,000 head sheep livestock confinement opera- tion. APPLICANT: Gary Bragdon SE 1/4 Section 8 T5N R67W—north and west of Weld County Road 17 and U.S. 34, approximately two males west of Greeley city limits on U.S. 34 (with the exception of some farm buildings and pasture right on the: corner. the site is atthecontrolled intersection:' of WeldCty. Rd. 17 and U.S` 34) _ LOCATION: ZONE: Agriculturai PLANNING COMMISSION HEARING DATE: April 28, 1987 PLANNING COMMISSION FUNCTION: To review and make" a recomtnendation to the Weld County Planning Commission on development conformance to the city's Comprehensive Plan PROJECT OVERVIEW: 1. As proposed, this use will: manage 20,000 head of sheep in 12 pens as shown. The operation is intended for lamb production. ,Within axle year, the .rest .ofthe 150 acre site will be used for pasture operations where sheep graze the_acreage and are processed in the pens. 2. The applicant will live on -site at the location; marked "proposed residence." PLANNING REVIEW COMMENTS: 1. In reviewing a Weld County Referral Use by Special Review, the Planning Commission must insure that the proposed Use by Special Review can "be made without substantially interfer- ing with the "objectives -of-this title. (Zoning Code),... having "due regard for the reasonable -expectations of :the landowners in the -neighborhood " In making this determination, the following .criteria must be considered: a) the special use will be consistent with the Comprehensive Plan; b) the special -use -will ' be :compatible' with the existing uses to which surrounding lands are _ r could be put under the applicable zoning, classification; 870421. l Wolff ^. obnm^^ grim OCiat ` c) the special use will not be substantially dissimilar from e�ing land uses; r d) the special use will .not cause an unreasonably severe demand on city services such as police and fire protecuon, drainage control, water supply, and sanitary sewer service; e) the special use will not adversely affect traffic flow and parking in the neighborhood; and f) the public welfare requires the approval 4. Comprehensive Plan policies which apply to all development and which relate to the pro- posed use include .the following:, A -3.2 —Industrial development is encouraged to be located so that negative external influ- ences generated by the industrial use do not affect either existing or potential non -industrial land uses located within the Long Range Expected Growth Area (LREGA) boundary. A -3.3 —Industrial development is encouraged to be geographically separated from existing or anticipated commercial and residentialland uses if it is of high impact agricultural or indus- trial nature that generates significant negative external impact. A -3.3.2 -.-Where permitted, these land uses should be located outside of the LREGA A -4.2 —All development is encouraged to enhance the visual appeal of the city with a special emphasis on the city's principal thoroughfares, entryways, and activity areas. a) The applicable ComprehensivePlan policies suggest there are three major external im- pacts,associated with development of this type. These are: 1) visual' appearance; 2) odor; and 3) dust: This proposed use is two miles from the westernmost point of the LREGA. The use is located on the major westena entryway corridor to Greeley—U.S. 34. 34. Because of the slope of the, site in relation to U.S. 34, it presents a substantial amount of visual appearance —you can see it quite well. Because of the possible adverse reaction to such a use on a major entryway and because the Comprehensive Plan suggests the city's visual appeal be enhanced, this site should be effectively screened from U.S. 34 to eliminate any possibility of a negative visual reaction. Evergreen trees of a type able to survive to maturity should be spaced 20-25' apart as shown on the suggested site plan. This spacing should ensure that the visual appearance from the site will be effectively screened. Locating the evergreens as suggested will help screen the sheep pensandshould not interfere with the pastoral character of the area. Screening immediately adjacent to U.S. 34 would disrupt this low-lying pastoral character as perceived from, U.S.. 34 and would not as effectively screen the sheep pens. The second external' impact is odor. This proposed use is 3.3 times as intense as the animal-unitintensity for by -right agricultural sheep feedlot uses. At by -right levels, uses like this have a noticeable odor. The odor comes primarily from anerobic breakdown of ti 870421 18 manure, but also comes from other aspects of operations. There are particular "peak odor times"— when it rains, and wetness. raises the odor level when pens are cleaned — and this smell can be regulated but not eliminated by environmental standards. It is the nature of the operation, because (for example) cleaning pens eliminates standing water and manure anerobic action, but the cleaning; itself stirs up -odor. The third impact is dust. Because of the confined nature of feedlot operations, concentra- tions of animals cause fugitive dust problems stirred up by the animals moving around. Discussions with the Weld County Planning Department and Weld: County Health Department disclosed that the following standards would need to be complied with: Developmem standards attached as part of USR review (including residential odor s standards administeredby the County through the State); — State requirements for feedlot runoff confinement; and State emission permits for fugitive dust control. These standards set levels of compliance. The impacts still occur at normally acceptable levels. The Health Department could not state that, because of the nature of feedlots and regulatory compliance levels, impacts would not negatively affect the city's LREGA. Comprehensive Plan policies discourage location of high impact agricultural uses adjacent to urban areas due to the possibility of significantly negative external impacts. The nature of feedlot operations combined with the intensity of this proposed use suggests a high impact agricultural use that can not conform to adopted Comprehensive Plan poli- cies. Two agricultural operations reviewed by Planning Commission for which there was dis- cussion on odor were the Carlson.feediot expansion one mile north of Seeley Lake (WCR 11:85) and the Vetting dairy . expansion 2.5 miles east of Greeley on U.S: 34. (WCR 35:85)- Major concerns with the Carlson applicationwere: — 1971 Comprehensive Plan policies supported the removal of feedlots north of town to permit northerly non -industrial development; , — the intensity of animal operations, measured in animal units/acre was too much to prevent odor problems associated with the feedlot. The Planning Commission did not forward a recommendation to the Weld County Plan- ning Commission because they were split on the above issues- However, the Planning Commission did recommend that feedlot uses be permitted in the vicinity of Greeley only when measures are employed that will reasonably control odor and ensure, that odor does • not exceed levels expected'=from= use -by -right levels. The County Commissioners denied 8'70421 / n _ The major concern with the Vetting application was: the proposal would be of an intensity too high to be affected by available techniques of odor mitigation because the number of cows would be 5.6, times the by -right levels and because the site was too small to support the proposed number of cows. The Planning Commission did recommend denialon these grounds The County Com- missioners approved the application; but at 140 COWS on 11 acres instead of the 489 possible on 70 acres. These previous referrals demonstrate that :the Planning Commission has consistently raised the environmental concern about odor mitigation because of its possible. negative external effects. b) The use is permitted as a USR in the County agricultural zone. The; proposed. 20,000 sheep. are 3.3 times as intense as the by —right animal levels (40 sheep per acre, or 6,000 on this 150 acre site) so it is doubly important to ensure County -health requirements address odor mitigation. c) The use is agriculturally oriented and existing uses are agricultural. d) The City of Greeley has a water transmission line easement running east/west through this site. The applicant has indicated his intent is to receive water service through existing taps off this line. The Water Department has indicated it will provide service for a house and office. No other city services will be affected. e) The proposal will make use of the County road network to receive its feeding supplies and to ship products. An average of four 25 -ton semi loads per day are expected. f) The public welfare suggests that agricultural production in various forms remains a part of this community. This operation is making use of existing by—products from Great West- ern Sugar, Anheuser Busch of Fort: Collins, and Coors Biotech of Johnstown for feeding. This welfare also requires that such uses not create traditional negative external impacts that -have in the past affected the reasonable use -and enjoyment of non -industrial land uses. ADMINISTRATIVE REVIEW TEAM COMMENTS: The ART did not review this. item. NEIGHBORHOOD MEETING REQUIREMENTS `- Not applicable 8'70421 O7s) 111 PLANNING COMMISSION ACTION REQUESTED: Recommend objections to the USR to the Weld County Planning Commission for the follow- ing reason: — conformance to Comprehensive Plan policies discouraging location of high impact agricultural or industrial uses due to the possibility of significant negative external impacts can not be assured because: a) the intensity of the proposed USR, at three times the by —right animal —unit levels for agricultural uses, is too intense to prevent significant off -site impacts—specifi- caIly odor and dust --from occurring and that available- standards for odor and dust mitigation will not prevent some negative impact. b) the site is close enough to the LREGA.that_ there will be significant negative exter- nal impact due to a) and b) shove. Should this use be permitted, the following developmem standards should be attached as conditions of approval: --the usermust meet residentialodor standards as set by the Colorado Air Quality Con- trol Commission; — a fugitive dust emission permit is required; and — all waste retention facilities shall meet and be maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities. The applicant shall be responsible for any additional requirements issued by the Colo- rado Department of Health, Water Quality Control Division: — All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. The applicant shall comply with the; design standards for the Use by Special Review, Section 24.6 of the Weld County Zoning Ordinance; - The applicant shall comply with the Operation Standards for Uses by Special Review, Section 246. o£ the Weld County Zoning Ordinance; --Representatives or members of the "Weld _ County Health Department and Weld County Department of Planning Services shall be granted access ottto the property` at any reasonable time in order to insure ,the ,operations ,carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regula- tions. — The Use by Special Review area shall be limited to the plans shown herein and gov- erned by the foregoing standards and all applicable Weld County Regulations. Any material deviations from the plans and/or standards as shown or stated shall require 8'70421 s2. t • • the approval of an amendment of the permit by the Weld County Planning Commis- sion and the Board of County Commissioners before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services; — The property owner and/or operator of this operation shall be responsible for comply- ing with all of the foregoing standards. Noncompliance with any of the foregoing standards maybe reason for revocation of the permit by the Board: of County Com- missioners; and — landscaped screening consisting of evergreens_ staggered at 20-25' intervals as shown on the attached site plan should be installed: and maintained. 870421 a 870421 a a a a et Of a ro a o> co o N a •p m,ti - o • • 1, H ( SHEET 3 ) .-j t t) LARIMER C O U F' al to, z it 1 �-0__� ��1_ • �: �% Try. 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I CI ~'�1 H 1-1 1++ -J H F-+ C� H H F-+ ,-ti r--.�i OI"� sue"i• D a.o D H r •°H 1-D • o• 0, • • Cr - o • _s • I r .s N Il 1 y • P q. • L Th • • �J `:A it, • `\`•/.\ / 5+ •:.;��':' ` , 11 .� Ali) 0 -- .flats rtt2607 CRTS tq[IjY ~flat* y OU D J fa —CUSTOM ALCM C O R6f{MY1CdD VISUAL BRzAts. ruarast c u.4i hh 3�,a WRA 4ltb ia{,vy 7 8'7042. t SPECIAL REVIEW PERMIT PLOT PLAN ME W SC• lw Iq1� Weld County Referral -OuOast pt' • STATE OF COLORADO DIVISION OF HIGHWAYS P.O. )3ox.850 Greeley, Colorado 80632-0850 (303)353-.1232. Apri123,. 1987' Mr. Lanell J. Swanson Department of Planning Services . Weld County 915 10th Street Greeley',-CO_:$0631. Dear Mr. Swanson: l quf oe� Y 4 \\fL. C0. - Weld C.o., S.H. 3; Bragden Spec. Rev. Per. NW Cor._C.R. 17 and Hwy. 34 DOH'File 45100 We have reviewed the application from Gary Bragdon for a Use by Special Review to allow a 20,000 -head sheep feeding operation, and -we have -the following comments. This operation.would obtain..access from an -existing access to -Weld County Road 17, approximately one-half mile north.of State'Highway 34. We support the use of this access by the feedlot truck traffic. Turning movements can safely be made to and from the S.H. 34/C.R. 17 intersection since all the necessary turn lanes exist and there is good sight distance. Access to the proposed residence in the southwest corner of this property could be allowed through the existing direct access to. S.H. 34, if this is where the residence needs -to be located. The existing -driveway should be adequate to serve this residence, and .nO.Access_Permit would be required: However, only the residential traffic,yOuld be.allowed to_use this access. Thank you for the opportunity -to review this application. Please contact Wally Jacobson at 350--2168 if you have any questions. . Very truly yours, ALBERT CHOTPACS DTSTF(T ENG=EEt .:/ John K. Crier 'District FlAnning/Environmental Manager JKC:mbc(WJ) cc: D.'Yost Area' Foreman File: Crier -Jacobson via'Chotvacs' 1 Li: APR 281987 870421 Nem Co- Pi:a wing estooisSiat _:..:. FILING NUMBER: USR-791:87:16 DATE OF INSPECTION: April 30, 1987 'NAME:: Gary Bragdon REQUEST: 20,000 head sheep Livestock Confinement Operation LEGAL DESCRIPTION: SE} of Section 8, T5N; R674 of the 6th P.I., Weld County, Colorado. LOCATION: North of U.S. Highway 34 and -west of Weld County Road 17 EL -DU Dairy, 3 residences Weld County Road"17, alfalfa One residence, 1LS. Highway 34 ZONING: 7T Agricultural E Agricultural S Agricultural W Agricultural' COMMENTS: The terrain on this parcel slopes to the south and west. - The land is currently being farmed at this time. Access to the parcel exists, from U.S. 34 and from Weld County Road 17. Two cattle livestock confinement operations are located 1.5 miles northwest at Weld County Road -_15 and Weld County Road 60 and on Weld County Road 15 between U.S; HighWay 34 amd:Highway` O -respectively. 870421 NOTICE OF.PtIBLIC NVfUNO The Weld County- Planning Commission will conduct a public hearing on May 19, 1987, at 120 . - p.m- to twiaw a repuaa fur approval. M a Use by Special Review permit for a 20.090 head ' - sheep livestock. -confinement OTTpe�rsttion from �Oluy BR9tlon as SET. 07 Sece parcel of tion - t�Slt�N, w of the eel Pm, Wekt County, Colorado. Containing property a-arrycres. more • or less TheeepropertyLs located approximately' 2 Mlles west of Greeley Cityits, n�: of Weld County RR 83. west of Weld County Road 17. Thepublic enurriinngp 10 be bald by the Wald County -Planning Com- , mission for the- consitio stbn of the above-referencedlesuett wui 'bbl conducted in the Web County Commissioners' Haring Room. I Flea Floor, Weld County Center, nisi Center, 918 Tenth Sorest Oneday. Colorado. Comments or { remain *hook' a submitted inObiections 1 to the -above wntN9 to : the weld County • , Department of Planning Services .. 916 Tenth- Street Room 347. Greeley: Colorado $0.33i, before the above date: or: pnaanted at the public .hearing on May 19, +997 Codes of the sppikattioa sn &variable for fwbib inspection in this Department 'ROom 342, Wind ind County Centennial Canal.tooth street ore**, colored°. - 9tS Phone - 358 -QM Extension Jack Holman, Chairman Wa�tsC County PlanningCOMfig. . To tw published in the Jahn town .Breese To tie published one lit time by Aphl 23. 1987 Publishe- AFFIDAVIT OF PUBLICATION THE JOHNST.OWN BREEZE STATE OF COLO1tADO: 1 1 ss COUNTY OF WELD 1 I, Clyde Briggs, dosolenn:lyswear that 1 am publisher of The Johnstown Breeze; that the same is a weekly newspaper -> printer[, inwhole or part, and published in the County of Weld; State of Colorado. " and has a generalxirculation therein; that said newspaper._ has ,been published continuously and uninterruptedly in said j County of Weld for a period of more than fifty-twoconsecutive weeks ,prior . to the "first publication of the annexed legal notice oc advertisunetu-; thatsaid newspaper bas beeztadmitted to ile United States mails as second-class matter under the provisions of she Act: of March 3, 1879. or anw amendments _thereof, and that said newspaper is a, weekly newspaper drily qualified for publishing legal notices and advertisements within the meaning a the htws of the State of Colorado. That'the:annexed legal notice or advertise- ment: -was- published- in the regular- ane entire issue ofevery number of said weekly newspaper for the, period of -1-.-- conseeu tive,insertions; and that the firs - publication of said notice was in the issue o said .:newspaper tlateitt(T%-1- A,D..-17$ and that the last publication of saidnutlet way in the issue of said netspaper, dater . ....... A I). 11.- .. In tvitncss whereof I have hereunto se ! my Band licit day of A.D. 1'9-57 Subscribedand •stvorn to before me, Rotary Public in and for the :Runty r We}tI State of Cotora this o "424 A v t 1 -- Notary. i-ubl:. My: commission: expires 9Sv '' mmr-^ion Trrnal .+yy '.S, YE.? :2.;Soutb Parses Avett:4 :o411i0 wn CO 80534 870421. SURROUNDING PROPERTY OWNER uSR-751:87:1-6' GARY BP.AGDON Windsor Garden Steven Flack P.O. Box 1044: Eaton, CO 80615 Edward R. and "Patricia A. Skaggs 7825: East Highway 34 Windsory ;CO.,: 80550 Zeiler Farms, Incorporated 820 Foote Courte .Loveland, GO 80537 Harry and Rivera,Frank -6538::East::Highway 34 Loveland, -00.:-80537 Harry D_:and'Judy .Hartshorn Route 1,,Box'"37AA -Windsor, CO 80550 Thomas [i: and. -Gertrude Weiler .28641-Weld'County-Road 17 Windsor, CO '80550 Frank L. and -Cathie N. Platt 28607, Weld. Road 17 Windsor,, -CO' .80550 Henry V. and Walter A. Zimmerman Route 1; Bwc 161. Berthoud:,,CO:_ 80513' ' Walter A.'aud Anneliese Zimmerman Route 1, Box 161 -Berthoud, CO- 80513 Henry V. Zimmerman Route 1, Box 161 Berthend, C0' 80513' earl E. Leonard Donald E. Leonard 500 West 3rd Street Loveland, CO80537; 870421. SURROUNDING PROPERTY OWNER USR-791.87:16 GARY BRAGDON Page 2 Harlan P. Hankins Route 1 Johnstown, CO 80534 Elmer E. lundvall Martha R. Goss 3490West 49th Avenue Greeley, CO, 80631 870421. SURROUNDING MINERAL OWNER USR-%91:87:16 GARY BRAGDON Richard L..Yochis - 1166 5outhFest 23rd`Street Loveland, CO 80537 8'70421. Gary Bragdon 4106 22nd Street Greeley,::CO 80634 April 24, 1987' Mr.Gordon Lacy Weld county; Commissioner Weld County -'Courthouse _ 915 10th Street. Greeley, CO 80631 Dear Gordon: rte^ VraT: ifT1=- 1 Dir,`?;?1''1� IS �1 ; r e APR 3 n pay Weld CO. Pludittoingssiali This letter is tobetter inform you of the lamb feeding operation that has`been proposed and may be located on Weld County Road 17 near U.S.-34. :I would also like to take this opportunity to explain why this site was selected and what measures will be utilized to make this operation compatible with the surrounding area and our neighbors. For many years the lamb industry has had a very positive and significant impact on the economy of Weld County and all of Northern Colorado. It has not only provided a strong market for the feeder lambs raised in Northern Colorado but also a good market outlet for feeds and feed ingredients produced in Northern Colorado. We believe it is vital to maintain growth in this industry to help sustain market values for our farmers and ranchers and the tax base for Weld County. This operation will utilize corn silage and alfalfa hay produced by our neighbors and feed by-products from Coors at Johnstown, Western Sugar at Greeley, Ar_heuser Busch at Fort Collins and ConAgra at Denver. This proposed site will be centrally located for all these feed ingredients thus minimizing freight.costs. More remote locations not only increase freight costs but remove us from adequate utility services and road access which become particularly critical in winter months. This operation will employ and comply with all ordinances and regulations of the state' and county to safeguard and maintain all existing environmental qualities and; health standards for our neighborhood. -Mr. Rule and I have -owned and operated feeding operations at Brighton and.'Severance since 1964 and 1971, respectively, with no known, formal'complaints filed for violation of -any • 870421. 0421. : Sr.' Gordon Lacy April 24, 1987, Page Two government regulations. We feel this operation will be an asset to the local farm community and Weld County as the other operations have in the past.` Having reviewed the agricultural gogls.and policies of -the Weid.County Comprehensive Plan, we befieve`.this operation will compliment the Comprehensive Plan in.,every-'respect. If you_have any questions, please do not -hesitate tp `'contact me at your convenience. Thank you for your consideration. Sincerely, E3'7U421 _e USE BY SPECIAL REVIEW -APPLICATION Department of Planning,Services.,_915..Tenth Street, Greeley, Phone - 356-4000 - Ext. 4400 Case Number Application Checked by _ Application Fee Recording Fee Y..a Date Received Mylar plat submitted _ Receipt Number Receipt Number-:. Colorado 80631 • QZ.......II....... TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) the .undersigned, hereby 'request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners :concerning the -proposed, Use by Special Review Permit on the following described unincorporated area.. o£ Weld County, Colorado: LEGAL'DESCRIPTION OF SPECIAL. REVIEW PERMIT AREA: SR 1/4 Section - 8 T .5. ..11,-R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 'SE 1/4 Section 8 T 5 N, R 67 w Property Address (if available) _ PRESENT ZONE AgriCul trtrn1 TOTAL,ACREAGE c -1 se PROPOSED LAND USE Farming G ji,PPIl FPPfl "pg EXISTING LAND USE pn-cming OVERLAY ZONES Nov e SURFACE FEE (PROPERTY OWNERS) .0F.AREA .PROPOSED.FOR THE USE BY 'SPECIAL REVIEW PERMIT: Name: Tarry $nl e Address: 4g2 lir i 21 Home Telephone 0 65q-4277 City guQhran r0 Zip 846.ez Business llYeibOne # 659-0451 Name: Address: City Zip Home Telephone 9 _ Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Gary Bragdon Address: 4106 22nd St CitY Graalay, CO Home Telephone 4 Business Telephone # Zip Rlfi14. List the owner(s) and/or lessees o£ mineral rights on or under the subject properties of record. Name: Larry Rule (Future Owner) Address: 982 WCR 21_ • City Brighten, CO Zip 8!601 Name: Richard L. Koohis (Present "hurler) Address: 1166 SW 23rd City Loveland CO ZiP 89537 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the.best of my knowledge. COUNTY OF -WELD ) STATE OF COLORADO ) 1/ .ed, � Signature: /Authorized Agent Subscribed and sworn to before me this ' day of 61..�22i-e. 19 8'r. _ //NOTARY PUBLIC My commission expires /- /9- ey 8'70421 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) COUNTY OF WELD I ') SS. . 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) 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-Assessorshall-have been assembled within thirt y (30 —days of £he"application submission date.' The foregoing instrument was subscribed and sworn to before me this day of 42 " .� , 19 We WITNESS my hand and official seal. My Commission expires: -/-7,2---P,' NotaryPublic / 1 l�- 570421. C AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. _ Subject Property STATE OF. COLORADO COUNTY OF WELD SS._ THE UNDERSIGNED, being first duly sworn, states that to the best o£ his or her knowledge the attached list is a true and accurate list of the names and addresses o£ all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names 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. The foregoing instrument was subscribed and sworn to before me this 7' day of WITNESS my hand and official seal. My Commission expires: /,- /� � Yj 870421. C �'�O emery�� printed portions of this forma v and Company Realtor and Auction. Inn. 6y tun Colorado Heal Estate Co �iSsiOroved P scion YOUR fANF10ENCE IS OVR PRIDE $1NCE 19K ($C a ) . 20 East stn - LovNand. Colorado 80537 - 857-2837 FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies. include Specific Performance) THIS IS A LEGAL INSTRUMENT_ Ile NOT UNDERSTOOD. LEGAL TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. March 24 L The undersigned agent hereby acknowledges having received from Larry Rule SH 87 tasuma s 5.000.-00 ,i, tho torte of personal check toae.ld by Stroh $' Company Realty -Inc. broker. in broker's escrow or trustee account. As earnest money and part payment for the following described real estate in the cows"( Weld colormotowih SE4 of Section 8, Township 5 North, Range 67 West., EXCEPT beginning in SE corner of section; thence N89°42" West 1,209.20.feet; N1°18' East 412.48 feet; -S85°52' East 1,210:88_feet; West 331.17 feet; to beginning. Known as Lot B of recorded exemption. RE --359, Weld County, Colorado together with 5 shares of' Greeley -Loveland Irrigation Ditch, and l share of Lake Ditch.. togettherwithalloaeements and rights of way appurtenantmereto, and all Improvementatbereonandaiifilttureaofapermanentnature ourentlyonthe premises except as hereinafter proviCed. In their present condition- ordinary weer and tear excePted known as No - No street address established The undersigned person(*) Larry Miiilnr t 1 ?`"'-2pj and hereinafter calcite the Property. L (se joint tenants/tenants in cornmeal). hereinafter called Purchaser, hereby agrees to buy the property. and the undersigned owner(*). hereinafter called Seller hereby agrees to eel) the Property upon the terms and condition stutod herein. 3.11), purchase prim shall be U.S. i 180:000:00 . payable as follows: S 5.000.00 hereby r Balance paid as follows: Purchaser to assume existing first deed of trust in favor r of Metropolitan Life in the approximate amount of $160,000.00 plus or minus with an interest rate not to exceed 10≤% or obtain new financing in the approximate amount of $160,000.00. Purchaser.to:.pay balance of appl-oxinntely.$15,000.00 plus normal closing costs —Ali cash or cent tedted� atn o closing. Said contract is strictly contingent on assumption or nr -all :permanently attached fixtures.. including all exiating pumps and motors. to be conveyed by tint of sale aitlme of.closing in their present condition -free and clear of all personal property normalises and euvmbrance&exoepc none this excentaner ypsonalptopettyhensinaayencombrancespleffiedinpungraphla ttefoLtriemeixtumsaapermeneetnuureamemiudednOm none a pries n imiuda tae following water rightc5 shares of Greeley -Loveland; 1 right in Lake Loveland $ 5 shares of Big Cut Lateral together with any.$ all other rights appurtenant to said property & ff anew loan is to be obtained by Purchaser from *third party- Purchaser Agresti to -promptly and diligently. (a) apply for suet loan. (b) execute ail documents and furnish all information and documents requiredby the lender. and(cieay the Cu tomary costs of obtaining such loan.Then if such loan is not -approved on or Were _Maya 7_9 ' . 18 or if soapproved Out is net available at time of closing. this contract spell benull and void and all payments b and things o[ value received hereunder *pall loo returned to Purclraaer: 7. If►note aadtrust deedormortgage ie to beassu�,Purchase!agrees to applyforalonteseumptsou if required and agrees to pay (1) a loan transfer feenot to exceed, - is ) n (). and (2) an interest rate not to exceed 1,113,f awned has pitwWona fora shared equity of variable Interest rates or variable payments, this contract is condit Wined urrpere Purchnum.aser litheloanreviewing ceaa- consenBa to swap nobble Wrehaseonsentt and g ProviaiOay.lf the lender's nrlqulred, this contract is conditioned upon obteiaiagau<t consent without change in the terms and conditions of such -loan except es herein provided. & If note is to be roads payable to Seller as pe cal or full payment of the purchase price. this contract shall not be assignable by Purchaser without written consent of Seller. - a. Coat of any tppraiW for loan purposes to be obtained after this date shell be paid by Purchaser 10. An abstract of ;Mato the Property. certified to date. or•eurrentcdmmittment for title insurance - - Bake,oPtlonands - _.- policy Joan price, at expense-, shall be turn4had b Pumh.aar on or Detoro June 2 39.. 87 If seller ciente to fur- nish saki BW insurance eomtmitiment. Seller will deliver the this insurance policy to Purchaser actor closing and pay the premium thereon. II. The date of closing wall bs the date for delivery of deed as provided in paragraph 12 The hour and pleee'of closing shall be as designated by _Stroh $ Co�p�y :R a7ty Tin nom` IQ -Title shall be merebavtable in Seller.except es stated Millis paragraph and in paragraphs - p agrxecute a�ielSubls god and ntor suffcienderaaa[roveprovidcd _.. . and compliance by Purchaser with the otter brmsand provisions hereof. Seller shall execute and deliver a good red sufficient _-general, - warranty deed taPurchaser on July in_ 3 an . or. by at as earlier Q - - cl mutwai agreement. eta, conveying the Property free and clear of all. taxes. except the-generaltaxesfor the year of ciceiPg, and except instal �se.��.,.. - - :rico Azad clear of all hens for xpttcial imr pvetmm :s Led aa of the date. Of Purohar s signature hereon- whether assessed not: d_ t - me and tleyr tf all liens and encumbrances except none except the following rest:kiln covenants Lenten do not contain a. right of ,worker° f record or in use and *scent the following specific recorded and/or apparent easements: of record or .in use and subject to building and zoning regulations. 870421 4 2 t s :J 3 4 • 10. ExceptAA Stated in Paragraphs 12 and 14. if title in not mtrrhantehle end written Antics of defeet(el in given by Purchaser or Pureha/ices agent to Seller or Seller's Agent on or before dab of closing, Set ler *hall use rewton able effort to correct said defetps) prior to date of closing. If Seller is unable to correct meld defeet(s) on or before date of cloning. at Selleen option end open written notice to Purchaser er Purthrusersagenton or beforedateof dosing, the detect( closing shall be extended thirty days for the purpose of correcting-rtid defeet(a)• Except as stn ter, in paragraph 14, if title in not rendered Mer- chantable aA provided in thin paragraph 73, tit Purchasers option. th le emtract shall bevoid and nr no effect and each party hereto shall be released from all obligations hereunder and Ail peyments and things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance rem° red to he paid may ton paid at the °me n! settlement from the prrn redsof th-s trensaction or from any othersouree. Provided, however, Al the option of either party, if the total indebtedness neevred by 1 fensnn the Preperty exceeds the purchase price, thiacontractshall be void and of no effect end each party hereto shall DO released from all obi igatfons hereunder and All payments and thingsclean. value received hereunder slam be re turned to PYTChanen.. - 13. General titan, for the year of closing. baited on the most recent levy and the most recent assessment, prepaid rents. wader rents, sewer rents. FHA mortgage insurance premium and interest on encumbrances_ if any, end shall be apportioned to Mate. of delivery of deed. Purchaser shall be responsible -for any stiles and use tax that may at'erue because of this transaction. 1e. with reepect to the growing crops Seller and Porebnser agree as follows, Purchaser to pav all property tax, r ter assessments, crop expense, including seed fertilizer, spray, pump cost and receive landlord`s share of 1987 crops, or subject to terms of said farm lease. . 17. Posseesion of the Property 'hall be delivered to Purchaser on Existing farm lease with Mr. Mary M subject to the following leases or tenancies: ll f a copy of afhi.ch shall be provided, by seller and approved by Purchaser on or before S days after -receipt. if Seller fails to deliver possession On the date herein specified, Seller shall be subJctt to eviction and shall be liable for a daily rental of s so.nn until possession is delivered. 1a. The risk of loss from any dam age torn° improvement* Oy fire orothercasualty prior to the date of closin g shall been Seller, provided, however.that if Seller shall maintain lnaurnnee on said improvements which will compensate for the furl replacement value thereof and if Purchaser elects butrry out or other ca sualty. contract despite s a such dam lge.Purchaser shalI be entitled to all such insurance pretends. The risk of ss for any damagetogrowingerops by fire party entitled bcr ops AS in paragraph and such party proceeds.if any. le Time is of the essence hereof. it any note or check received as earnest money nereunderor any other payment due hereunder Is not paid. honored or tendered when due. or if any other obligatiOn hereunder in not performed as herein provided,.there shall he the following remedies (a) IF SELLER IS IN DEFAULT. (1) Purchaser may elect's treat than contract as terminated• in which miscall payments andthingsofv l ved hereunder Lull force And all On returned to t and Purchaser emid Purchaser have Purchaser may recover such dAMACes AS may be proper, or (2) Purchaser may elettto (reatthiscontrattas 9. the-rightt0 an action for specific -performance or damages, or both_ -(b) IF PURCHASER IS IN DEFAULT. (I) Seller may elect to treat this contract its terminated in which ense'altpayments and things of value m Miseonttreunder' alI beg. foand e forfeited And teinand behalf nh d f Seller and Set ler may recover 'such may be proper.or(2)Sellermay eleettotreat Seller shalt have the right is nn action ( b dame (c)Anything to the contrary herein notwithstanding. in the event of an I' of ou t specific, contmance r gy award party all reasonable e costs Y Y 1LigMfon arisingoutof this contract. else court [nay awardbtheprevailiag O- sand expense. including attorneys' fees. 20. Purchaser and instructionSelrlgreectee atinived the event of any controversy regarding lheelwest money or things of vAlue held by broker, upllgs satisfactory y broker, broker shall not be required to take any action but may await an d di! cretion. mast provisions:lead any moneys or things of value into the court end. may recover court costs and reasonable attorneys' fee*. 21. and 1. This contract is strictly contingent on. purrhaaPrs ability to obtain a per��t' Dgeed lambs or -sheep as -a calmercial'endeavor from Weld County on or before june 347-13t7. 2. Purchaser hereby aci ncwledges prior, timely receipt of notice that Stroh it. C mueny Realty, Inc. arid its agents are agents of -seller and-arerot representing purchaser -as :�Llrchaserts agent in this transaction. • 22,11 7is-proposal is accepted by Seller In writing and Purchaser receives notice of such acceptanee on or before April 3 1 . this instrument shall become acontract between Sonar and Purchaser and shall inure to the benefit of the heirs. successors and assign df' such parties, except AS led lei paragraph &. (The following section to lie completed by Seller and Listing Agent) 26. Seller accepts the above proposal this - day of 7F of thePurehassprlaefor services ill this transaction. and : 19. �,+6}eu to pay a opmmtaebn of agrees that. in the event of forfeiture of paymentsand things of of value receivedherpundar.well Paymeu4Sendthingaofsaluesbagbedividedbetweenlletlagbt'oker . SeIler onswalfMatwoftosaidbroker butmot. to exceed the tommisnm..and ,the balance to geller., _ Lieting Sroke[ eName and Address - UPDATE LEGAL FORMS P.O SOX 4675.-GREELEY, COLORADO 80632 8'70421Sc �ZC USE BY SPECIAL REVIEW SE} SECTION B, :TOWNSHIP 5 NORTH., RANGE 67 WEST OF THE 6TH P.M., WELD- :COUNTY,-, COLORADO . Larry :Rule -B82 Weld County -Road .21 Brighton, Colorado' 8460-1 .. (303) 639-0451 Gary. Bragclon. - 4106.22nd:Street Greeley, Colorado 80634•, (30:3):; 330-0,319 (303) 284-5202 PROPOSED USE We propose a farming and_sheep operation to be located on the $E 1/4 of Section ,8, Township 5 North, Range 67.West of the 6th P.M:, Weld County, Colorado. NEED FOR USE An additional market outlet for farmers will be created in the operation which will require alfalfa hay, corn silage and by-products of Western Sugar -Company -of Greeley, Anheuser Busch of Fort Collins, -and -Coors Biotech of Johnstown. The ultimate need is to provide adequate -'lamb supplies for the Denver Lamb Company. NEIGHBORHOOD PROPERTY USES The subject property is located in a farming and livestock feeding agricultural area -which would conform and be -compatible with the most recent Weld' county Comprehensive:'Plan. Located one-half mile west is a cattle feedlot, adjacent to the north is a dairy, a farm and auto salvage junkyard is located to the east, and the land to the south is farmed. NEARBY RESIDENCES The nearest residences to the west are- located on Weld County Road 15, which is one-half mile from the subject property. Three residences are located north of the SE 1/4 of Section 8-5-67, one of -which is -at the dairy adjacent t'o-the subject property. _Two.residenceflre located - to the South on Highway 34 and there.ate ne residences to the east. OPERATIONAL RELEVANT INFORMATION The Weld County Zoning ordinance would allow a sheep feeding operation of 6,000 head on this 150 acre property. For a more economically feasible operation, we request a use by special review for a maximum lamb feeding operation of 20,000 head. The farming and feeding operation would require 3 to 4 employees and the hours of operation will be daylight hours. The water source for domestic and livestock useage will be supplied by Little Thompson Water District with lines adjacent to the property. The adjudicated lake at the boundary of the property will provide the dust control. Highway 34 and Weld County Road 17 presently have existing accesses that will be used for the residence and the feedlot. No additional accesses will be needed. Trucks will utilize both roads for feedstuffs hauled in, livestock hauled in and out, and waste hauled away. An average of four 25 ton semiloads daily will serve this operation. Waste removal will be thrOUghoa't the year as weather permits-. Waste stock- piles will only accumulate when weather may prohibit removal. HEALTH STANDARDS This proposed project has been discussed with Mr. Vince Lewis of the USDA Soil Conservation Service and Mr. Wes Potter of Weld County Public Health. At this time, there are no apparent limitations that may jeopardize any health standards. Slopes for drainage and soil types provide ideal safeguards preventing contamination of underground and surface waters. It has been agreed that all health standards of Weld. CountyPublic Health and Colorado Department of Health can and -will -be met. The design; engineering, construction and operation will provide for the protection of all Weld ,Gountycresidents. Runoff, dust and flies will be constantly monztoied and controlled. 870421 DESIGN STANDARDS FOR USE BY:SPECIAL REVIEW ORDINANCE SECTION 24_.5 SECTION 24,5.1 Past performance: of ,feedlots-operated;by Bragdon and Rule. demonstrate compliance in;design standards required. by Weld County Ordinances. SECTION 24.5.1,1 & Water service is available and will be provided by i��{{e�uF,` Tbnmraan Wator Disersct and an adjudicated lake existing on the property. Greeley -Loveland Irrigation District will provide water for the farming operation. SECTION 24.5_1.2 Adequate sewer. service is not available and not essential for the use under consideration. SECTION24.5.1.3 Attached-U.S. Soil Conservation Servile soil reports detail soil conditions as they relate to the application. SECTION 24.5_1.4 The property is located in the Windsor/Severance Fire Protection District and additional fire protection is available with the adjudicated lake and the pumps located on the property. SECTION 24.5.1_5.1 A storm 'water 'retention lagoon will be designed and located as shown on the plot plan and will meet the requirements of this Section. SECTION 24.5.1.5.2 This 'storm water retention lagoon will release no retained storm water and will be.pumped back to adjacent farmland. SECTION 24.5.1.6 Sheltered vehicle storage and parking will be provided on site as detailed in the plot plan. SECTION 24.5.1.7 The use complies with all setback and offset requirements of the agricultural zone district as shown in the plot plan. SECTION 24_5.1.8 The access shall be located at the northeast, corner of the site onto Weld County Road,17 which has a low traffic volume. SECTION 24.5.1.9 NO -new access to public rights -of -way will be -constructed. E7©a2i SECTION 24.5.1.10 Proposed use will be compatible with the adjacent dairy to the.north which should not require any buffering or screening. However, trees will be planted along the north boundary to serve as a windbreak,1'which may-create::a buffering or screening effect for adjacent -property.: SECTION 24_5.1.11 The feeding operation will be located on the northeast corner of the SE 1/4 O£ Section e- which is very difficult to irrigate: due to the slopes. However', these slopes provide optimum drainage for a feeding operation. 8'70421. OPERATION STANDARDS FOR USE BY SPECIAL REVIEW ORDINANCE SECTION 24.6 SECTION 24.6.1 Previous and:present operations demonstrate conformance of operational standards: SECTION 24.6.1.1 Not Applicable. SECTION 24_6.1.2 Air quality controls for dust control:. SECTION 24.6.1.3 will be maintained by use of lake water Water quality controls will be maintained in that -no runoff water will be allowed to drain from the property site. SECTION 24.6.1.4.1`' Lighting of feeding operation -Will -not onto adjacent properties. SECTION 24.6.1.4.2 Lighting will be at lo -as -to not `affedt SECTION 24.6.1.5 Not Applicable. SECTION 24.6.1.6' a distance from weld County, Road. 17 travel. ,on that road: ' - Farming operation will be converted to pasture for "grazing which would'prohibit forage -growth of taller than twelve inches': .N0Xioui weeds will-be'controlled. ---- 8'70421 ORDINANCE SECTION 24.7 r-eZ _ This application for Use by Special Review is for a sheep feeding and farming operation to:be-located on the. SE 1/4 of. Section 8, Township5 North, ,Range 67 West of the 6th P.M., Weld County, Colorado. This property is located in the agricultural zoned district of the western portion of Weld"County. This application will demonstrate conformity with the Weld County Comprehensive Plan Agricultural Policies ,and Goals'. This application will detail the compliance , and adherence to each and every section of .the Weld County _ Zoning Ordinance and compatibility with surrounding land use. SECTION 24.7.1 Lamb feeding in Northern Colorado has had.a,.very,stable and significant economic influence for many years:. The Weld .County ;climate,,.; feed supplies and. location. for "lambs has provided the ideal elements essential for this successful industry. This proposal is for expansion of this agricultural industry. in Weld -County. SECTION 24.7.1.1 This proposed development specifically supports the stated Comprehensive Plan to "protect and promote the County's agricultural industry." This development will maximize the agricultural use of agricultural -land and meets all Comprehensive Plan Agricultural Goals attached.. SECTION ,-4.7.1.2 The consistency, of intent with-the.Agricultural Zoning District is that the proposed development will intensify -land -utilization providing added market outlets for neighboring farm production and an added tax base far weld County. SECTION 24.7.1.3 The proposed site for this lamb feeding and farming operation is centered in an area of agricultural production. Surrounding lands are farmed -and the SE 1/4 of 8 -5 -67, -the proposed site,'is one-half mile east of a cattle -feedlot. directly south of a dairy, west of an adjacent farm and..an auto junkyard, all on the north side of Highway 34. SECTION 24.7.1.4 Ores as stated above referencing Section 24.7.1 -are compatible with future agricultural development goals of the Comprehensive Plan and the uses of this site -are not in the growth plans of any municipalities. SECTION 24.7.1.5 The proposed -site is not located in any Overlay District Area. SECTION 24.7.1.6 The proposed location, the SE 1/4 .of 8-5-67 has marginally adequate water for row crop farming. Twenty --four acres in -the northeast quadrant of the property will be converted '_to feeding pens. 'This portion of the.property is rolling and not easily:irrigated. 870421 The slope, however, is ideal for feeding pen drainage and drying, being a slope of approximately 2% to the south and west. Removal of these 24 acres from row crop production will provide adequate irrigation water for the remaining 126 acres without disrupting maximum irrigation Water utilization. SECTION 24.7.1.7 Adequate drainage retention of .the 24 acres for feeding pens is easily accomplished with the 2% slope to a flat plane at the midway point of the quarter or lower end of the -feeding pens. The ,adjudicated Iake water on the property: will enable dust control'£or the health of`the animals and- the neighborhood. SECTION 24.7.2.1 Larry Rule` 982 Weld County Road 21 Brighton, Colorado 80601 303-639=0451 SECTION 24.7.2.2 Larry 'Rule, 982 Weld Connty'Road 21 Brighton, Colorado 80601 303-639-0451 SECTION 24.7.2.3 Lot. B, SE -1/4 of Section 8, .Township 5 North; Range of the 6th P.M:, Weld County;_Colorado. SECTION 24.7_2.4 150 Acres SECTION.:24_7:.2.5 AgriculturaY' SECTION 24.7_.,2.6 Farming ' and - livestock SECTION, 24.7.2.7 Agricultural with no overlay"zones: 67 West 870421 PROPERTY OWNERS WITHIN 500 FEET OF SUBJECT PROPERTY NAME Windsor Garden. and Steven Flack (1/2 Interest ea.) Edward R. and Patricia A. Skaggs Zeiler Farms, Inc. Harry and Elvera Frank Harry D. and Judy Hartshorn Thomas W, and and Gertrude Weiler Frank L. and Kathie N. Platt ADDRESS P.O. Box 1044 Eaton, Colorado 80615 7825 East Highway 34 Windsor, Colorado 80550 820 Foote Ct. Loveland, CO 80537 6538 East Highway 34 Loveland, CO 80537 Route 1, Box 37AA Windsor, CO 80550 28641 W.-C.R. 17 Windsor, CO 80550 28607W.C.R. 17 Windsor, CO 80550 Henry V. and Walter Route 1, -Box 161 A. Zimmerman Berthoud, CO 80513 Walter A. and Route 1, Box 161 Anneliese Zimmerman Berthoud, CO 80513 Henry V. Zimmerman Carl E. Leonard (1/5 Interest) and Donald E. Leonard (4/5 Interest) Harlan F. Hankins Elmer E. Lundvall (1/3 Interest) and Martha R. Goss (2/3. -Interest) Route 1, Box 161 Berthoud,- CO 80513 500 West 3rd Street Loveland, CO'80537 Route 1 Johnstown, CO 80534 3490 W. 49th Avenue Greeley, CO 80534 PARCEL NUMBER 0957 08 000. O;2'- - 143:36 Acres a 0957 08:000 033 8.52 Acres.,; 0957 08 000'_019-' 147.71 Acres - 0957 08 000 021 152,0 Acres 0957 08 000'"022` 72, Acres 0957 08'000-021. 16:52 Acres 0957 08 000' 024- • 0957 17" 000 01I` 97.226, Acres 0957 17 000 012 97.226 .Acres 0357 17 000 013 0957 16 000 002 292 Acres 0957 17 000 016 303.12 Acres 0957 09 000 008 295-_38 Acres 870421. Sfiro h . {reel Company Realtor and Avalon, Inc: YOUR CONFIDENCE IS Cue Fount SINCE 1954 IPprinted portions Of this form approved by the Colorado Real Estate Commission (SC ?S-2.81) Seller hereby agrees to sell the Property upon the terms and conditions slated herein. 247 East 4th - Loveland. Colorado 80537 - 667-28.17 FARM FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies include. Specific. Performance) THIS IS A LEGAL INSTRUMENT. IP NOT UNDERSTOOD: LEGAL, TAX OR OTHER COUNSEL SHOULD DE CONSULTED DEFORE SIGNING. I. The undersigned agent hereby acknowledges having received from March 24 Larry Rule 19 87 ihesumeS 5e000.00 ,in the form of personal check tobe held by Stroh s* Company Realty Inc broker. in brokers escrow or trustee account as earnest money and part payment forthe following deecnbed real estate in the - County of Weld coloradotowm :.SE3. of Section 8, Township -5 North, Range 67 West, EXCEPT beginninc in SE corner of section; thence N89°42" West 1,209.20 feet; N1'18* East 412.48 feet; S85°52! East 1,210-88 feet; SO°7' West 331.17 -feet; to beginnir. Known as tot B o£,recorded_exemption.RE-359, Weld County,,Colorado together with 5 shares of Greeley-Loveland"Irrigation Ditch, and l share of Lake.Ditc µ{ether with all easements and rights of way appurtenant thereto, and all improvemenµ thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided. in their present condition. ordinary rear and tear excepted, known to No. No street address established . and hereinafter caned the Yraperty. 2 The undersigned Larr� rink Cnr,x1D) person(*) (as joint tenants/µmats in common): beret nailer called Purchaser. hereby agrees µ buy the property. and the undersigned owner(s), bereinafter called 3. The purchase price aural be U.S. S 180.000.00 , payable as follows. ' S 5,000.00 hereby receipted fort Balance paid as follows: Purchaspr to:assure existing first deed of trust in favor of Metropolitan Life in the approximate amount of $160,00:0.00 plus or minus with an interest rate not to exceed 1038 or obtain.new financing in the approximate amount of $160;000.00, Purchaser to. pay'balance.of approximately $15,000.00 plus normal closing costs in cash or ` certifiedfwgs at I4mof closing. Saidcontract is strictly contingent on astunption or 9 lib3ESiud5higioiaThioda92 rin .- all: permanently attached fixtures including all exiSting_pumps_and motors. µ he conveyed by bill of sale at time Se -losing in their present condittpe.freeandetear oI all personal property taies.liens and enmtmbrencelLaCept none and except say personal property liens in any encumbrance specified in paragraph 12 The following fixtures of a permanent nature am excluded from ibis Sala none _ S. Pries to Include the following weter rights:5 shares of Greeley -Loveland; 1 right in Lake Loveland 6.5 sham, of Big (alt Lateral together with any S all other rights appurtenant to said property IL If a new loan µµ be obtained by Purchaser from a third party- Purchaser egrets to promptly and diligently (a) apply for auch loan_ (h) execute all documents and furnish all Information and documents reguiredby the lender. end (ol ray Umcustomary cysts ulobtainingsuch loan. Then if such loan is not approved on or before May 29 - ' .no 5 I . or Jr so approved but is not available e[ rime of closing. this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 7.1f a note and trust deed or mortga/g�e is to ss he aumed. perebaaeragreasµ Mancuso: notion for a Manauption if required andagreesµ Dayf I) s loan transfer: fee not to exceed S . S n n _ ft n' sad MI an interest nµ cot to exceed 7 031 19 per an Rum, if the lean to bee& has provisions fora shared equity of variable interest raµsor variable payments, this contract is conditioned upon the Purchaser reviewing and e4nseetingµauah ',Mention. If the lender's consent to a loan aseumption is required, this contract. is conditioned upOnehti ntngeueh consent wdh.avt change in the terms andConditionsof such -loan except as herein provided. a. u a soul is tab* made payable to Seller as partial or full payment of the purchase price. this contract shall not be assignable by Purchaser without written consent of Seller. . - - - 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser 10. Ana igrette(titleµ the Property,certified µdate, or a current committment for title insurance policy in SA amount -equal to the purchase price. at Seller's option and expense, shill be toMtaha µ ePurchaser On or before June 2 .49 87 1.g Seller elects to tur- Malt saidtitle insurance committmeet Seller will deliver, the title insurance policy to Purchaser after closing and partite premium thereon. - II. The date of closing shell be the date for delivery Of deed as provided in paragraph 12 The hour and place of closing shall be as deszgna[ 4 by Stroh & Company Realty, Inc. 12 Tltleshall be merchantable to Seller, except as stated le [hisparagraph and in paragraphs 13 and 11.Subjectropaymentor%centres above provided and eomplianceby.Purehaser with. the. other terms and tovis - - - D tena,hareof. $ants sAall"sicecuts and deliver ♦ good and sulGnedt genera- warranty deed to Purchaser on July. 3 19 87 : or by .natant agreement at an earlier date, conveying the Property !rce and class of all taxes, a:eupt the general lases for the year of Bllaring: and except ._... ___. ... ;. .-.. _.. - - -- -free and clear of all liens lPf special improvements installed as Of the date of Purchaser's signature hereon. whether assessed or nut; free and clear of all liens Azad encumbrances except- none - except the following ;carnal'', covenants which do not contain a: right of reverter.Of record or in use and except the following apeelfie recorded and/or apparent easements: of record or ` n use cebjcc[ t0 building and xoningrcR%dataons. 870421 18. Except as stated in paragraphs 12 and Is, if till, in net merchantable And written notice of def<ec(at is given by Purchaser or Purchaser' agent to Seller or Sellers Agent on or before dale of closing, Seller shell une reaeonnble effort to correct said deft -Minter -tor to date of Closing. If Seller is unable m correct said defect(s) en er before date of eloslna. At Seder's optiun And upon written nottceto Perehnser m Fnrehaners Agent on or beforednte of Closing, the dale of closing nh all be extended thirty days for the. purpose of eorrecll ng raid delve -Rs). Eseept AA Stated in paragraph 14, if title in not rendered mer- chantable as provided in thin paragraph 13. At Purehewer'n option, this contract shall be void and of no effort and each party hereto shall be released from all obligations hereunder And All payments and things of wilily receivedhereundershall be merited to Purchaser. U. Any encumbrance required to be paid may M pnid at the time of settlement (men the proceedsof th in trnn.saction or from any other source, Provided, however, at the option of either party, if the total indebtedness term red by lien it on the Property exceeds the purchase price.lhiseentrwetshml be void and of no effect and each party hereto shall be released from allobligatlerishereunder and AIL payments and things oe value received hereunder shall be re- turned to Purchaser. I5. General taxes for the year of closing• based en the most recant levy and the moat recent aasesam en L. prepwid rents, water rents, sewer rents. FHA mortgage faineance premium and Interest on encumbrances. If Any, And - - shell be apportioned to date of delivery of deed. purchaser shell be responsible for any sales and use out that may accrue because Of this transaction: 18. With tespert in the growing trips Seller rind Pornhnner agree as follows. Purchaser to pay. all property tax, water assessments, crop expense, including seed fertilizer, spray, pump costs and receive landlord's share of 1987 crops, or subject to terms of said farm lease. 17. P len of the Property shall be delivered to Purchaser on day -of closing C1egyOfe,rites subject to the following leases or tenancies: Existing farm lease With Mr. Mal_v Mciluu a copy o£,which shall be provided by seller and approved by purchaser on or=before 5 days after receipt. if Soler lolls to deliver ponnesslon On the dale herein specified. Seller shall be subject to eviction And shall be liable for a daily rental of so no until possession is delivered. IR. The risk of Item from Any damage to the Improvements by fire or other cnnualty prior inthedate of closing shall be onSeller: provided. however_ that It Seller ahw 11 maintain insurance on said improvements which will eompennnte for the full replacement value thereof. and If Purchaser elects to carry out thin contract deaplle such damwgo. Purchaser nh all be entitled 10 all such iu'nranee proceeds. The rink of Ions fee any damage to growingeropt.byfire or other casualty shall be borne by the party entitled to maid crepe as provided in paragrapb Ae. and such party shalt Inentitled to the insurance proceeds. If Any. 19- Time loot the esnente hereof. It Any note or check recetved as earnest money nereu neer or any other pnyrnent due hereunder is not paid, honored Or tendered when due. or If Any other obligation hereunder is not performed As herein provided, there shall Iw the following remedies: (a) IF SELLER IS IN DEFAULT -(1) Purchaser may eleelle treatthiscontractas terminated, in which ease Alt payments And thingsof value received hereunder shall be returned 10 Purchaser And Purchaser miry recover such damages As maybe proper -or (2) Pnmhwser may elect to treat tbi s contract as being in full force and effectandPurchaser 'hall have the right to nn action for specific performance or damages, or both, (b) IF PUIIC1fASER IS IN DEFAULT, (I) Seller may elect to treat this contract ris terminated, in which rase wit payments and things of value re- eelved hereunder shall be forfeited rind retained on behalf of Seiler and Sellermay recover suchdrtmagenwe may bo proper.or (2)Sellcr mayelect to treat this contract an being in full -force And effect and Seller shall have the right to Anaetton for specific performance or damages: or both. party all cas )ll hing to the costsA co trary herein nutwithetnnd ing, in thiseventof Any litigation arising out of thiscontractthe court may award. to the prevailing pe including istunneyre lees. 40. Purchaser And Seller agreeUtet In the event of any controversy regarding the earnest money or things of value held Dy broker, unless satisfactory • mutual tual wr,mA tten Instructin in prreceived by broker,brOker'hall aM he required to take Refection but may await any proceeding,oratbroker's option And disY P Y moneys or things of value into the court and may recover court costs and -reasonable attorneys "fees: 41. Additional provisional - - - - 1. This contract is strictly contingent on purchasers ability to obtain a permit j;c, feed lambs -or sheep as a cctuoercial endeavor En:In Weld County on or before June •'g; 7987. 2. Purchaser hereby acknowledges prior, timely receipt of notice that Stroh s company Realty, Inc. Viand .its.agents.are.agents of seller and are not representing purchaser as purchasers agent in this transaction. 232 If thin proposal is accepted. by Seller in writing And Purchaser receives notltc of sudt Acceptance on or before April 3 is A7 -this instrument ebnll become a contract between Seller and Purchaser Andshall such parties, except An stated Urparagraph 8. Purchaser., „.. _. _._.. ... .,Dale Purchaser _ Date nimbuses Address . (The fo11ow1ageect/on to be completed by Seller and Listing Agent) a. Seller accepts the shnve.proponnl this day OF , .:'. -19 ' . and agrees to Day a commisalon of . "4 -of the purchase price for aerviteeln thie transaction. and agrees that, in the event of torfelture of paymenu and thinrot elf value received hereunder. noel[ paymln ents aod..tngsofvafy0ahall bedivfded betweentieringl rokerand Seller,one-hAitthereoftoasid broker.but not to exceed the commission, and the balance totriller. . -• - , ._ . - UPDATE LEGAL FORMS P.O PDX 1815 - GREELEY. COLORADO 80637 303/356-6380 ... 87042i. 042i. (SC 2S-2-81) United States Department of Agriculture. Soil Conservation Service in cooperation with Colorado Agricultural- Experiment. Station 8'70421 y loam; 3 to 5 percent This is a deep, 17 —Colby loant 9 percent slopes. ' well drained- soil on upland hills and ridges at elevation! well drained soil on upland hills and ridges. at elevations of 4,850. to 5,050 feet-. -It formed in calcareous eoli:ui deposits. included in mapping are small areas of soils that Imre fine sandy loam or loan, underlying material: - Typically the surface layer is pale brown loam about 10 inches thick The underlying material is very pale brown silt loam to a depth of 60 inches. . Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is. medium. to rapid, and the erosion hazard is moderate. In irrigated. areas this .soil is suited to crops commonly grown in .the area Perennial grasses and alfalfa or close grown crops. should be grown at least 50 percent of the time. Contour ditches and: corrugations can be used in ir- rigating close grown crops and pasture. Furrows, contour furrows, and cross slope furrows are suitable for . row cropa. Sprinkler irrigation is also desirable. Keeping til- lage to a minimum and utilizing crop residue help to con- trol erosion- Maintaining, fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer (allowed, in alternate years to allow moisture acctunulation. •Generally precipitation is •too low for beneficial use of fertilizer. - Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also. may be needed to control water erosion The potential native vegetation is dominated' by blue grams.. Several mid' grasses, such as western wheatgrass and needleandtbread, are also present. Potential produc- tion ranges from 1,600 pounds: per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograas, enakeweed, .yucca, and fringed sage increase; and forage production. drops.. Undesirable weeds and. an- nuals invade the site as range condition becomes poorts. Management of .vegetation on this soil should be based on taking half and leaving half ofthetotal annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grams; little bluestam, western wheatgrass, blue grama, pubescent wheatgrass, .and -created wheatgrass are - ..suitable for seeding .The. grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, tarn sorghum stubble, or it can be drilled into a firm prepared seedbed- Seeding early in spring has proven most successful_ Windbreaksand environmental •plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control compering vegetation should be continued for as many years .as possible following planting Trees that are bestsuited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and haekberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. _ Openland wildlife, -such. as pheasant, mourning dove, and cottontail, and rangeland wildlife, such as antelope; cottontail, and coyote, are best suited to this soiLsUnder irrigation, :.good -wildlife. habitat can be established,- benefiting ,many kinds . of openland 'wildlife. Forage : production is typically low on rangeland, and :graying ; management is needed if livestock and wildlife: rbare the range. Livestock ,watering facilities also are utilized -by , various wildlife species. �° soil has good potential for urban and recreational developments. Road design for. the lhnired czar is oil tri modified, p tcompen- satehod. Capability,capacity of this soIl do suplwrta�load. -'subclass,: IIIe irrigated, IVe nordn gated - Loamy Plains ,arias ary r l6— elb ai eva of 4,850 to 5,050. feet_: It formed in calcareous eolian deposits. Included in mapping are small areas of soils that have fine :trimly loam or luau, underlying material. and small areas of soils that are shallow to moderately deep over shale and sandstone. Typically -the 'surface layerlof this Colby soil is ,pale brown loam about 7 inches thick: The underlying material is very pale brown silt loam to a depth of 60 inches. Permeability is moderate. Available water capacity is high. The effectiverooting depth is 60 inches or. more. Surface runoff is rapid, and the erosion hazard is high. This soil is suited to limited cropping- Intensive cropping is hazardousbecauseof erosion. The cropping system should be limited to close grown crops, such as al- falfa, wheat, and barley. This soil also is suited to ir- rigated pasture. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nursecrop. Close grown crops can be irrigated from closely spaced contour ditches or sprinklers. Contour furrows or sprin- klers should- be used for' new crops. Applications of nitrogen and phosphorus help in maintaining good produc- tion. The potential native vegetation is dominated by blue grams. Sideoats gruma, littlebluestem, western wheat - grass, and sedge are also prominent. Potential production ranges from 1,800 pounds per acre in favorable years to 1,500 pounds in unfavorable years.. As range condition deteriorates, the sideoats gra7na and little bluestem dentrase, forage production drops, and blue grama,buf- falograsr,.and sever -al perennial forbs and shrubs in- crease. I tndesirable weeds and annuals invade thesite as range ce.:dition becomes poorer - Mann; intent should be based on taking half and leaving half of t e total annual production. Seeding is desirable if theran, c .is in poor condition. Sideoatsgratin, : little bluesten western wheatgrass, and pubescent wheatgrass are suit: >Iefor seeding. The grass selected. should- meet the sear•nal needs of livestock. It can be seeded into a clean, fi m`sorghum stubble, or it canbe drilled into a firm pre pared seedbed. Plowing and drilling should be en the - cent' air; to minimize runoff and soil. Iosses.- Seeding early in pring has proven most successful. Windy -eaks and environmental- plantings of tracts and shrubs , mmonly grown in the area are generally well suited f this soil. Cultivation to control competing vegetati. I should be continuedfor as .many years as possible ollowing planting. Trees that are best suited and have go, l survival are Rocky. Mountain juniper, eastern redcedar ponderosa pine, Siberian elm, Russian -olive, and haekberz - The shrubsbest suited are skunkbush sumac, lilac, Sib -inn peashrub, and American plum. - ()penis d wildlife, such as pheasant, mourning dove, and Cott :tail, and rangeland wildlife, such as antelope, cottontai and coyote, are best.suitedto this soiL.Under irrigatioz good wildlife habitat can be established, benefitin many kinds of openland wildlife. Forage productir' is typically low, on rangeland, and grazing manager.•nt is needed if livestock' and wildlife share the range.. 1- toted( watering facilities also are utilized by various c knife species. 8 x©421. f S 4 34—liire Loam, 6 to 9 percent 3. This is a deep, well drained soil on plainsand alluvial fans at elevations of 4,900 to 5,250 feet: It formed in mixed eoliandeposits and' parent sediment from a wide variety of bedrock. In- cluded in mapping are small areas of soils that have loamy sand underlying reateriaL Typically the surface layer isbrown and pale brown, loam about 10 inches thick The upper 25 inches of the un- derlying material is pale brown loam. The lower part to a; depth of 60 inches is pale brown fine sandy loam Permeability is moderate. Available water capacity is' high. The effective rooting depth is. 60 inches or more. Surface runoff is. rapid, and the erosion hazard is moderate. This soil is suited to limited cropping. Intensive cropping is hazardous becauseof erosion' The cropping system should be limited to such close grown crops as al- falfa, wheat, and, -barley. Thissoil also is suited to ir- rigated pasture. A suitable cropping system is 3 t 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nurse crop. Close grown crops can be irrigated from closely spaced contour ditches or sprinklers. Contour furrows or sprin- klers should be used for new crops. Applications of nitrogen and phosphorus help in maintaining good produc- tion The potential native vegetation is dominated by blue grams. Sideoats grams, little bluestem, western wheat - grass, and sedge are also prominent Potential production ranges from 1,800 pounds per acre in favorable years to - 1,500 pounds in unfavorable years. As: range condition deteriorates, the sideoats grams and little bluestem decrease; forage production drops; and: blue.,grama, buf- falograa s, and several -perennial forbs and shrubs in- crease. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- ing is desirable if the range is in. poor condition. Sideoats grams, little bluestem, western wheatgrass, and pu- bescent wheatgrass are suitable for seeding. The grass selected 'should meet the seasonal needs of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed.- Plowing and drilling on the contour minimize runoff and soil losses. Seeding early in spring has proven most successfuL Windbreaks and environmental plantings are generally well suited to this soil.Cultivationto:- control competing. vegetation should be continued for as many years as possible following planting_ Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry- The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included hi plans for habitat develop- ment, espeeinlly in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, ear be attracted by developing livestock watering Melaka, managing livestock grazing, and reseeding where needecL This soil has good potential for urban and recreational development. Increased population growth in the survey area has resulted h1lncceased homesite construction. The chief limiting soil feature for urban development and road construction is the limited capacity of this -soil to support a load- Septic tank absorption fields function properly, but community aewage systems should be provided if the population density increases- Because of the permeability the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow welL .Capability subclass I Ve irrigated, Vie nonirrigated; Loamy Plains range site - 79 —Weld loan -NIL 3. percent slopes_ This is fl well drained soil on smooth plains at elevations of 4,gr. to 5,000. feet. It formed in eolian deposits. Include in mapping. are :mall areas- ofsoils that have a stills(.. of loam and. light clay loam. Also included are some ley :ed areas.. Typically the surface .layer of this Weld soil is br nvn loam about 8 inches thick. The subsoil is brown and ale brown heavy clay loam and light clay about 20 ir. hes thick. The substratum to a depth of 60 inches is silt lc m. Permeability is slow. Available water capacity is : yh_ The effective rooting depth is 60 inches or more. Su: ace runoff is slow, and the erosion hazard is low_ In irrigated areas this soil is suited to all crops - ,m- monly grown in the area, including corn, sugar beets fig. 5), beans, alfalfa, small grain, and onions. An example •f a suitable cropping system. is. 3 to -4 years of alfalfa lowed by corn, corn for silage, sugar beets, small grai or beans. Land leveling, ditchlining, and installing pipe ::es are needed for proper water applications. All methods of irrigation are suitable, but furro% ir- rigation is the most common: Barnyard manure and an- mercial fertilizer are needed for top yields. This soil is well suited to winter wheat, barley, Ind sorghum if it is summer fallowed in alternate y, ;rs Winter wheat is the principal crop- The predicted ave: tge yield is 33 bushels per acre. If the crop is winterk: ed, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping,-and minimum til- lage are neededto control soil blowing: and water era on. Terracing also may be needed to eont -ol water erotic): The ,potential native vegetation is dominated by luc grama. Several mid grasses, such as western wheatg ass and: needleandthread, are also present Potential pro ac- tion ranges from 1,600 pounds per acre in favorable y ars to 1,000 pounds in unfavorable years As range condi ion deteriorates, the mid grasses decrease; blue grams, uf- falograss, snakeweed, yucca, and fringed sage incrc :se; and forage production drops. Undesirable weeds and an- nuals invade the site as: rangecondition becomes poor, Management of vegetation on this soil should be b: :ed on taking half and leavinghalf of the total annual pro ac- tion. Seeding is desirable if the range is in poor condi.: on. Sideoats gamma, little bluestem, western wheatgrass, ' rue grama,-pubescent. wheatgrass, andcrested wheatgrass are suitable for seeding- The grass selected should meet the seasonal requirements of. livestock It can be seeded .nto- a clean, firm sorghum stubble, or it can be drilled in o firm prepared seedbed .Seeding early in spring has proven most successful. Windbreaks and environmental plantings are gene: -illy well suited to this soil. Summer fallow a year be arc planting and continued cultivation for weed control ire needed to insure establishment and survival of plant: gs. Trees that are best suited and have good survival ire Rocky Mountain juniper, . eastern redcedar, ponde :se pine, Siberian elm, Russian -olive, and hackberry. 'he shrubs best suited are skunkbush sumac, lilac, Sibc ian peashrub, and American, plum. Openland wildlife, such --as pheasant, mourning d ve, and cottontail, are best suited to this soiL Wildlife ha: tat development,, including tree and shrub plantings. ad grassplantings to. serve as nesting areas, should be ' cessful without irrigation during most years. Uncle- ir- rigation,: good wildlife habitat can be established, ben it-. ing-many ]ands of openland wildlife. This soil soil has good potential for urban and recreati gal development,' The chief limiting: soil features for u: an development are the shrink -swell potential of the sul oil as it wets and dries and the. limited: capacity of the so to. support a load_ Lawns, shrubs, and trees grow well C:-' o- bility subclass Ile irrigated, IIIe nonirrigated; Lo: ny Plains range site. 8'70421. iN t.: 61iMann ✓.._-G._3S.a<b GREELEY-LOVELAND SHAREHOLDER'S DOMESTIC WATER AGREEMENT _ : THIS AGRL llthiNT. Made taL .deg of r. _ �� 4YP � MOW aPl between iha City 1 of Greeter. Colorado, hereinafter Werra to ea "MY and Gel R '� Mgr; leS hr Se{irers hereinafter referred to Y"HDarebol4M." W1TMi8$*1'A: i wHr:Raaa. the City a Oreeley Yd the Greeley aed Loveland Item:tun Colman eatared tato'a entreat dated Jana 20, 11141 ceaceislsg City as of certain tecWtle.'rweed by the Shareholders of the Grinder Lon and Irriatioo ComyaRr 0a which is hereinafter referred to as 'Bale Agreement'. an& - - - W8IES6.'the- dv le considering atesttactlm of a dtavtDatton geld to tarnish water tothe lalaMtantr it the area Saadi IN_ and Woof of the City u wended in para{taph 2•B of the •'hate-I.gre.m.rt"aad as ncommeedN oa Page I of the eCdaeering r'1 repent or Ne4oll- Haler, Partner= dad Qelrk Aa(!d. Jemmy, -.1742:'.'and.- es rxi.rlmenaK to-tbe. .. Contra by Greeley water f` Board -Pa r/J aary 4, 1142., ao., ..... _ (14 pet WftAtIIAB. the Shareholders of record June 311. 11141 a theGreeley"and foreland !retains C may in the are Swtb UN and Weft K the. City desire to obtain domestic water for their domestic es to accordance with the "Seale Agretntet' aad. oti - WHEEESS. Plagrithe 4-D d "Beyer AtRsament"Wended for'aapplamental contracts to be entered into trout tins to ►as tima.0 eha- partite &termlaf la neceaaa - a NOW THEREFORE. THE PARTIES HERETO AGREE AS FOLLOWS: s p I. In accordance with the "Maio Agreement: t�areir,pn 2•E. tLt1 CS) shall. frraLb water to the Shareholder for the nitr- o Aa- For those dwellings mating epos the land at the date of this agr.smgt tad for two additional Waste amity wetllnp b. For livestock and reeding meTesea sa to exceed 260 head of cattle kept or mangalwd epos the land for mr one pcalteder month. ere 2. That apes amregstte K any tract or arta to the city Ot Greeley, the arm horned abaft become afitted to all the eN water service provided by said City sad rater service to the remaining Penton of Shareholder.' premlea .hail "Mtn": bow' L. ever. Shareholder shall not by mama K this correct. aelalie ear vested Of aerates right to oatlaw the 1too of watsr from - the Greeley Water ante= other than as provided in this contact IL That la aeeordanq wttl "Lao Apnemet" ParAoeph 4P. concerting estdtvialoa ogre meate ahanholder sane: 01v1sree K • eat slat Itse�lea of Aar Vast or arm. to annex to City in malts K 10 ems sales otticialir platted sub• approved by tM Organ Planter C mm b. That the provision at tale Pusan* shall apply only to Fbarebeldare panne• to he amaexed wren devotee to mbar. uses and then coetlggees ea et least one side to areas included within tha City nmita for the pmrpaefe et Drereenng any enclaves or nests Sontag h or a the edge a Car and furthermore that ore primary mentdsraton long Is that tf tha premlNe shall ever be embraced or headed within the boandatim of • tract or plat which le mega to be annexed to the City K Greeley. either by tedivUMl Deimos er by the City 'belt ben and in that event, the shareholder specit ally agree. that be all cement to Iola fa the auesatoe K each territory the City of Greeley. mmbnrt ealy to the oomyltence by an7 such peilttoaern with all of the legal esesirwmwte perWsing to the annexation a union to a rmakepality. Perthermora that Shereheider dine hereby empower sad trreaably teacarts, add appoint the City Clerk a Ms City K Greeter. Colored% his least &Stormey in tact for Mee mg Ida pia0e tad stood to sign ear tuck daaeatlos DWtoa'as mar M Ist•'.tad hr the air Crendi itself. abraded the abort described Lad &Ulna the territory to be maned tow City et Greeley. Colore o. and Shareholder doss bra? gnat Mid City Clerk tat power aad aathorier to age Ma - same . espeel) petetla, Scar UMIAK said I herebeide► to all of the teems. W mensioos of .aid pranks s telly aa.1' Walt 44. burnt; sad Mt all Lteste earl p�tpos� n t he Nmaen had aigmae raid Peahe , it bolas theresabir undontoed lyr Shareholder that a mtmaty meetdettea for the =was K the penile& la aareheidere o0reoant Sad prowls to the City of Greeley. tonn a. patelotbr farther eoeensate me aster for Mnmai& his emeeeeoes sal &Kilda that it be fain to sin ear melt aWlatbas mates then vegetated by the Cary, or hale to abide by eatb sad every orrenant therein contain& then sad to Not gnat 1We privilege or rtpt to rose water ivy be terminated by the City et Greeley. Colorado. upon the Oath of tit days nuts 1s writng of Its fagatloo so todo. c. That epos maeanas to City or subdivision antra 3 mils of City butte aarehoieK agrees te dedicate each eaten and bigamy, eat rtdte.et•way ter animas ways as are beretefore established by appropriate peas of the Greeley Pinatas Contmladoe and to e wnirer et nett to ewwnrttoa through .wheat dameta Pr'emenage for eat haalCngs. tramere meats or structures Milt or oaalretted es or oar spy street, blghter or dralnadawat apaCpaatt Dented fa any approprLte established prom of the Qty Planning COmreLalon, the on !Ile fm tee calm of the County. Colorado. County Omit lad Recorder d Wad d. GPM the Shereboldra preeeleas or part thermal being amazed oe abtlrNed. tale ea a ooeditips for the eoatnoed eater service. Shareholder shall comply with at ordinance. and Greeley naming-Cbmt:Veston rendanms concerning the aattam of land, math& bundles aostnection. want mapectiws, nta. safer- Malty trat7fe, ms of eater sad elver mppltta l• nears u tally as it maid promisee hs Ideated when the City of Greeley. Onoradn e. Upon the Sharehcidere penis ma yart thereof being annexed or subdivided a• Maned helm• teem u • pert or the confederacies for rerelvtas water taps sae damtatic water settee trots the City K Oteeimy. the Shareholder will provide raw water nate, sot to exceed i sere toot at water per acre of land Involved• to be neatened to the City as a coMltlon or alatxatom or labdtrlsfoa and as a ooclites to mamma to as aad recto. city refer antra the a plaided or aeons portico. the Shareholder aces to tram*: at let Wise the repaired water rights. The twenty of mac► water to be treasfernd shall in conWted K 100% of lee then oaMdV of the vats( Marta- transferred. sat alinralle tatter Gnarl'as Gnul aad Lorolaad irrtsance mam a. ma. _ _. . 1 (1) Mat if lay of tie erasbends*ascribed omit Mauve a pit se sane tows er Her- the 47th seas save the right to terminate the water service. to. that parties et that are* that belles.. pert etm mean er teem -ft) tt the ShmrehmWs canes to he a G•e lef-Lovelaat ahartboLer tba Mr ial here the t4pt le teemtwe the water meaty to. Samrmhµ0me a premiss aft al other arms at ten ev ntnet'Mall le tot ataa. 4. That bs maeadance with 'boa Agrsmat'• paragraph Cis. tostamsbg tap fns mid-pinmmeg regNsnomf. frionhader ages: a To pay at late Or Charged Indolent to mating tape. aad /stePadea of Satan. as may bo thee h afoot by ardta- aata for Ne an et Oreelm. and -Oat nald hmsLanon. shell be meet each the toparvtmioa'at ere Director of the Water Department:ar m ak caber ealafal ad %b. catT w feetsaate. it To rerust and scent water We et or along wawa** °maw road. opposite Sbandeoitars preeest tars etattose . and from NL Pais' K 4sSrery pmrMmider earns to pey toe the istallatioa K naceseery wade has tO hid pant ci ryas. e. To soma the. CRY_ rater et the altar* u eat-terve rn the dislrtMtLe grid tweet W Cib smiling la Mann of eater Nate 1s scessive,prwoore' that Wald ease damage to toe mamas of shaegWder, the l haMbclnr acme to fareish and install lee ametearr regalmare aft It addlrlmal creel ar...1a needed Sharebolar earns to ternn► ha errs atxlbary Panto d. To comely title ataL :K Calmat Plumbing Code: eel Permit i"+weenna by City et Oman Manias' Isseater tin. my fscilttiee er eirectarea ,srss City.: wKer ,for the Perpoe• -of Protects iha booiN K an flan ea no Greelar 'et-er ufetem r. That the metered tabs retest monad la anent* tile( the "peeler Aerseet- shall b• estAatebed ea pro- vided by the City et Greeley crew Maps* 7w It Int - t. Te spray ter �� ryas taps of _. f • 7\ Sae, of , ease wadi . tanned eta Lab it rw. W. M / seed - ter doSMte noes a :the Sbemb din property 4M -triad s ?orlon ^anent: _ of action __...,.1 Tewr.M.; Mena. Reese 870421 to°k 61, • r. TO use an estimated _ 153 2737 -D.. To grant d — gallons of water per month through the abort tape. IostellufM and trip b permiselon to use 'necessary rIghta-of-way along the pohna i older too Crep d irrigation other and distribution on grid system lines. of Shareholder's shall ' I. That SDvaholder- provided. dt1 .Hall reimburse - f lty for prior to amneur. or subdivision. %aroholder will comply sltg'alt I. hat of or to tlt mats r*aa4tlons and ordinances adop.. a.. that •_ [ crate . t hatoa Conway pHtxn daum rih pang a ti 4-A -Basle AmmemenC" It wY th. Intent of City to acQ[re Cree:. or Dart 1 litre Mtht wattreDaron fO andhe and when Shareholder subdivides time to time and add to the ens r y of Greeley. as Ater 1n owY other Shareholder ee or Ammonster t. the of the C7[ . excess of the a sere feet to a land* Mats the t)If raid ;water I so transferred ua Cityanda s 'herein Lax mar City shall purchase and Shareholder shal vA oaid Irriga populate, It d p water la tllst at sham M gree [natter the e Parties hereto but if a price ca��a 1 eeII po n Irren eta rater and s tondt� atet sb raisin tPgned °� outlined. - i Court Y In an *raiment °proceedtoDnn shoo at the price u dth h1 acemm b- in cue Iwloe eDDol9tse M • JadY Cr -... } _older yeti �•• -the the the wales -a remove the project water tram the.6resle7-Lorelana SaertldtMn-h v a written offer NM WDeebmltY _ to.. Durthaae. The price on said water shall he established District. at rhea 1 don o)< the from, and i• willing to accept from • third halt be •s • the S` db Connell within 16 days alter rer+lpt of written notice is given 'late o price ogle, :z. t wary, Failure of the db to Data rirw h1 DDOrtonlb ghat[ be axermsad by ic.wla. -seal: Resolution within 16 days of said 'notice.of the Shareholder at his Intention to eel; th. ; use 4- That one to the QYLb of Boyd Lake water as shown in Table D. [tent ahb11 release the Shareholder. not .Boyd Lake and/or /or Boyd eke limping plant Dcpprrtovided' to Sections a and 4' f "Bit � �elAgre•men ? l he this - Cora y hereto until an " o T well d anat.'. -,! b7 the d of j'sk• InvIYd, fie agreement- is 1lgapQ by City and t''. tome Nb Agreement - b of Greeley. Ten Lakes and Boyd Lake, concerning the storagethe and wit and al of we lm:r -. 7- That the and withdrawal o[ rx;u o.: •erslop a[ the load t �i atx .: �subdivIst°o' as referred to..ta - of - otattal [Halation adopted b7 the Board. of ,Cou tyt Commissianersisl or �a%I• OU]]ommtr�'celapcc eedep7 ��u.mean the .dstlnM 1a.� 1 t That SS the tents and rnhdtttoha hereof hp9sltts'd�vs[ Interest of the the atnm. hall extend to and be binding u P. Whenever the upon the. Lett; assigns sad a•ceeaapry hers. theirs or then; w 'Maier hie, or all l Is ghee mean euth ylmai l alp clean tea taCLIQ* ta0 worst. tie. L! - r t and idsehis,shall likewise Of WI7NINS WHZRBOF. the patMY hereto-have:caused tobe eaeceM in duplicate: r ''4 e 1` DOffifTT O¢ alp:..- )-M Ma arts - aN -. - - an �waavtR, at, gilt► wanC*also Drawer' at • known -to nsa-to he the above sane l ) aaI`1hYYh• t utorsel i. bL (11•7) their} free and •el lbszeb„seand t and for Wilastttitiai 'Yeast This letter will confirm that the City of Greeley will provide water service via two water taps for Mr. Gary aragdon for a parcel located in the SE 1/4 Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado to service a house and office for the Iamb Please contact me if you need additional Information. RESOLUTION RE: GRANT REQUEST OF GARY BRAGDON, AGENT FOR LARRY RULE, TO PRE -ADVERTISE USE BY SPECIAL REVIEW APPLICATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Coloradostatuteand the Weld County Howe Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Gary Bragdon, agent for Larry Rule, has submitted a letter to the Board requesting that a Use by Special Review application 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 appropriate to grant said request to pre -advertise this matter. NOW, THEREFORE, BE IT RESOLVED by the Board :of County Commissioners of Weld County, Colorado, that�the"request of Gary Bragdon,. agent for Larry.Rule, to pre -advertise a Use by Special Review application be; and hereby is, granted: The above and foregoing Resolution was, -.0P -,motion duly made and seconded, adopted by:the following vote"on'-thee 20th day. of April, A.D., 1987, ATTEST: Weld County and Clerk to � �, D puty County erk APPROVED j TO FORM: airman Airi5 Pr Tem Gene Brantner 870421 870288 ,EXfr'%B/7 3 Larry Rule _Gary Bragdon 4106 22nd street Greeley,, c0.80634 ' April 10, 1987 Board of County Commissionersr Weld County, -Colorado -.. 915 10th Street Greeley, ,:CO80631 Dear Commissioners: T3 -AeR Z 5 ige This letter is to request'preadvertising for a Commissioners hearing for a Use by Special Reviewapplication submitted' April, 10, 1987 to the Weld County Planning Commission. The term of the option contract for purchase was moved from expiration:June 30, 1987, to June 10, 1987,_by,the Seller. This date -change due -to an urgency on the Seller's .behalf was agreed upon, although the Seller's`Yeasons are. unknown,- The requested preadvertising could -expedite the process and allow usto meet this time frame:` Also, -the sooner we receive -approval by the Board, the sooner -construction can`begin, better enabling.operations to begin before winter weather sets in. This letter also is--to-state.that_:any additional costs associated' with the preadvertrsement will be.paid;by applicants. _ We thank you -for -your: consideration. _ Sincerely, 4,77 Gary Bragdoli, agent Lazy Ru Enclosures 870421 042. .C,rNiBii E7G2EE Stroh and Company Realtor and Aueflslf, Ine- vOUR cote:DU CE IS Olin ereDE SINCE nidl Thilasted portions of this form approved by the Colorado Real Estate Commission (SC 2S-2-81) 247 East 4th Loveland. Colorado 80537 - 882.2832 FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies. include Specific Performance) THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL. TAX OR OTHER COUNSEL SHOULD B£ CONSULTED BEFORE SIGNING.. March 24 19 87 I. The endertlgned agent hereby acknowledges having received from Larry Rule the sum ofH-5.000:00 ,in the form of. Personal check - tobeheldby Stroh &- Company -Realty-, Inc broker: in broker's escrow or trustee account, as earnest money and part payment for the followfngdeseribedreal estate. in the - - County We SI Colorado to wit SE3. of Section ,8., Township- 5 North-,. Range 67 West, EXCEPT beginning in SE corner of section; thence N89°42" West 1,209.20 feet; N1°18' East 412.48 feet; S85°52' East: 1,210.88 feet;- SOe71 West 331.17 feet; to beginning - Known as Lot -B ofrecorded exemption RE -359, Weld County, Colorado together with 5 shares: of Greeley -Loveland 'Irrigation Ditch, and 1' share of Lake. Ditch.' togetberwlth all easements andefedsof way appertenanttheretp,and all im➢mvementethereonmad alf fixturesofapermanentnatnrecurreaUy ontbe premises swept as. hereinafter provided. in their present condition. ordioary wear and tear excepted: ]mown as No, - No street address established , and hereinatter called the Property. 2. The undersigned persona) Larrrn rtu t ea cur: n (as Joint tenants/tenants in common), hereinafter called Purchaser, hereby agrees to buy the Property, end the undersigned owner(s), hereinafter called. Seller hereby agrees to soli the Property upon the terms and conditions crated herein. 3. The purchase price sheil be OS. a 1804009°0 . payable as follow.: f 5,000.00 hereby rsroipteq for. Balance paid as follows: Purchaser to assume existing first deed of trust in favor of metropolitan Life in the approximate amount of $160,000.00 plus or minus with an interest rate not to exceed 101/4% or obtain new financing in the approximate amount of $160,000.00. Purchaser topay balance of appro;dmately $15,000.00 plus normal closing costs_in.oash or cert }ed ftin at of closing. Said contract is strictly contingent on assumption or 312 '° " �fi bnY• allpermanentlyattached fixtures including all exitting pumps' and motors: to be conveyed by bill ofiels's%tfineofeloslagia thelrpresmrcomiten. free and claret all personal property taxes_ liens and ene-embrances, except nrtnn - _.. -. and except any personal property ]lens (a any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from this sale: none s. Price to tnetcoe the meowing water rights:5 shares of Greeley -Loveland 1 right in lake Loveland & 5 shares of Big Cut Lateral together with any Sr all other rights appurtenant to said property G. If a new lows is to be obtained by Purchaser from a third party. Purchaser agrees to promptly and diligently (a) apply for such loan. (b) execute all documents and furnish all information and documents required by the lender, awl (el thecustoma costa - note roved on May 29 ...-.. 18 /Y ry of obutmingsuCAloea Then iisuch loanis PP Or. , or If so approved but is not available at time of closing, this contract shall be null and void and all payments and things of -value received hereunder shall be returned to Purchaser. 7. II note -and treadted or Mortgageta to be resulted: Purchaseragrees to apply fora loan assumption if requiredaridagreestopay(t)a loantra:refer wee not to exeaedi-- Or' --nn sad (>n aslnteresrrate not 1paxceod 1():. .. - 'ei•per annum. h[tne loan aposy' tuned nae provisions for a shared equity of variable interest rates or variable payments. this cataract isconditioned up on the Immerser reviewing and - consenting to snob provision.If me lender's consent to loan assumption is required. this contract is Conditioned uponobtainingsuchconsent without . change to the terms and conditions of such loan. except as Lereie.provided... -. - - .... --.. Rini notele toter mete payable tO Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser without written consent of f3eller. a. Cost of any appraisal for loan purposes to beobtained scree• this date shall be paid by Purchaser 10. An abstract of title to the property, certified to date, or a currentcdmmittment for title insurance policy in an amount equal to the purchasepnce, at Senora option and expense: shall be famished to'Purrhaser.on. or before June.. 2 ... . 19 87 if setter elects t0 fur. nigh said title insurance eemmittmm4 Seller will deliver the title insurance polity to Purchaser after closing and pay the premium thereon. - II. Tadao of closing shall be the date for delivery of deedas provided in paragraph 12. The hour and place of closing anal be as designated by Stroh Sr Companv Realtv, Inc. 12.T)tle shell be merchantable in Seller, except as stated in this paragraph and in paragraphs Band 14. Subiect to paymentor tenderer above provided and compliance by purchaser with the other terms and provisions_ hen mE Seller shell execute and delver,. good and sufficient. - --_....... general warranty deed tu"rurchaeeron ally' 3 .19..87 - - or by mutual agreement at an earlier dale. conveying Lp0 Property free sad clear of all taxes. except the general taxes for the year of closing. and except _ : free and clear o. KIWI for special iinpfOvernents installed as of the, date. a ltimepaser rsignatura hereon. wh - e installed ether aesoteedOr net free and dear of all lien and mbrances except none except the following restriative covenanta which die not contain a right of reverter. of record or in use and incept the following Specific recorded and/or apparent easements:Of record -Or in use 870421. 2 870288 and suttee% to building and zoning regulations, 41 • 13. Seller xor cept RA scated in agentonnragraphs :2 a d 14, if in title e fa not shall ee table and written notice of dcfett(nl iw given by Purchaser or Purchaser* agent to or before date closing. reaeonableeffort to eorrectwu correct paid deletin) on or before date of cloning. al Sellers ddr6orFuron chnnetradsgents of nerbforedat iofcloneto the dates"( closing opton oreutrin waitronrea e}, Except .mere in paragraph 14.en title is not lets nhwll be extended thirty dossier Me plowmen( tpnerting}aidde(ed(a), F.att ins stnledi eh notable. as provided In this paragraph 13. at Fun -homer's option. thin mots amt shall p inhd eacharty heftoanonb relearn from all obligations hereunder And all be void nodno us Lund enep pony heretoanon be rolesacdfrom pwymenn and thing* vwlilN.rrz{vad hereunder nl.wltbo'rrtnrned r,. 1'prehibeq 14. Any encumbrance required tots` pald mny bo paid at the limey( settlement from the proemdi0f this transaction or from anyotherseurea Provided, however, at the option of either party, if the total Indebtedneen "secured by liennen the Preperty exceedsthepurchase prlce.tlW eontr,etshall be void and of no effect and each party hereto shall. be released frem all obligation's hereunder alai aS payments and things of yarnsreceived hereunder shall be re- turned toPurchaser: - 15. General taxes for the year of closing. based 'on -the most recent levy and the most recent assessment prepaid rents• water reins, setsFHA mortgage Jeeurance premium and interest on encumbrance*. 1I any: and _ sewer rents. shall be apportioned t4 date e( delivery of deed. Fu rehaser shall be responsible for any stales and use tax that mny atertte beeau se of this transaction. 18. With respect to the growing crops Seller and Purchaser agree an follows: purchaser to.: pay all property tax, water assessments, crop expense, including seed fertilizer;. spray; -pump cost: and receive landlord's share of 1987 crops; or subject.. to -terms of said farm lease - 17. Possession of the Property shall be delivered to Purchaser on day of _ clo " ng Existing.farm lease with Mr. iia�o l enln hjrrtthefollowingItas aorWaancros provided by .seller and approved b p( a copy of which -shall be Pp by chaser on or before 5 days after receipt. If Seller fails to deliver possession on the dale herein specified. Seller shall be subject to eviction and ;hall be liable fOr a daily rental of S 50.00 until possession is delivered, 18. The rink of loss from any damage to the improvements by fire or othercasualty prior to the date of Closing shall be on Seller, provided, however, that. if Seller shall maintain insurance on said improvements which will eempensatefor the full replacement value thereof. and if Purchaser elects to carry out this contract despite Such damage. Purchase r sh all be entitled to ail nuch insurance proceed* The risk of Ions forany dame*" tpgrowingcropaby fire or other casualty, shall be borne by the party entitled to mild cropsasprovided in paragraph I6.andsuth party shall be entitled to the insuranceproceeds.. - it any. .... 18. Time Is of the esncnce hereof. It any nett or check received As earnest money'nereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder M eat performed as herein provided, there shall be the following remedies - (a) IF ssuns IS IN DEFAULT, ( ] ) Purchaser may elect to treat th in contract as terminate& in which case ail payments and thingsofvaluereceived hereunder shall -be returned to Purchaser and Purchaser may recover nuch daa.agesae may be proper: or (2) Purchaser nifty eleetto treatthis contract as being in full force end effect and'Purchaser shall have the right t0 nn action for specific performance or dwrnwges.'or both. (b) IF PURCIIASF.R TS TN DEFAULT. (1) Seller may elect to vent this contract we terminated: in whi<h case all payments and Things of value re- ceived hereunder shall he forfeited and retained on behalf of Seller andSeller mny recover Such damages an may beproperor(2)Sellermayelect:etreat this contract as tieing in tall force and -effect and Seiler shalthavethe right is" an -action forapeeifiC Performance or damages, or both. erein yalAnything to the ten trary ht attorney lees, , frmy litigationan ingootofthiscontrntt themunmay award to theptevailJng P.. nri alll rcaeenabecosts *nd expense. Jneludint l _ _ 20: Purchaser and Seller agree Quinn the event of any mnlroversy regarding the earnest money or things of value held by broker_ mks* satisfattory mutual written lnstructien is received by broker, brokershall not be required to take any action but mayawait any ptoeeec in*,oratbrokersoptionlmd, discretion, mayinterplcad any moneys or lhingn of value into the court and may recover court costs and. reasonable attorneys foes; 21. Additional provisions: - , . - - 1. This contract is strictly contingent -On purchasersability to _obtain, a lambs or sheep as a cafnexcial endeavor fLLatl Weld County on or before abnee �;�, 2. Purchaser hereby acknowledges prior, timely receipt.of_notice that Stroh �:Crpmy Realty, Inc. .and its -agents are agents of seller and are rot -representing purchaser as purchaser's agent in this transaction. p2. If thin proposal: in aecepted by Seller in writing and Purchaser receives notice of such acceptance on or before April _3 19 R7 this instrument shrill become acontract between Seller and Purchaser and&ball inureto the benefit pity -*cob parties. except es �p4M in paragraph 8. heirs. m°°ssopns and &sa_!gnsof, Purchaset* Address (The following section to be completed by $epee and Listing Agent) 23. Seller accepts the above proposal this_ - day of _. and agnate pay w commission of 7,. of the perdue* price for Berrie*! In this trogaaction. and,agreesrnal. is the event of forfeiture of payments and thing, Of Of value received hereunder, such payment& and things of value shallbedividedbetween IfstingbrokerentISeller,one-baifthere of tpaaldbrokerbutmt to **Cen the cemMieeSeller. and the balance to Sell W e..-. Seller.. Seller Listing Broker's Name and Address v s tr.Q. _ J i UPDATE LEGAL FORMS P.O SOX 1815 - GREELEY. COLORADO 80632 303456-6380 870421. 8r1O2853 (SC 25.2-82) WfLY¢ COLORADO rritmoRanwirfi To Board sme April 90, 1987 From Clerk to Board &m ai. Rectuest- to pre -advertise- USR , We have received a request from Gary Bragdon,_agent for —Larry Rule, to pre -advertise a. Use by Special Review application. This matter.:will_be heard;binthe`Planning,Commission.on.May 19. -:Should you grantthe request to: pre -advertise this 'matter,':we -would recommend that the hearing be set for May, 27, at 2:00 p.m. 870283 Wilk COLORADO ��oRAn�u�t Board of County Commissioners April 15, 1987 70 Date. - - Lanell J. Swanson, Current Planner From G. Bragdon/L. Rule - OSR for livestock confinement subject The Vse by Special Review case for Gary Bragdon and Larry Rule will be heard by the Planning Commission on May 19, 1987, at 1:30 p.m. The applicants have requested preadvertising Co>msissioner13 hearing The: Department. of Planning Services staff. requests --:schednled .on -May. 27, 1987; ror..ori lt dater date. Thank you. for the Board of County 1-1-g'7 ..Se.cond cacti rr .ORDINANCE -NO_ -,S4 -G IN THE MATTER OF AMENDING'' ORDINANCE NO. 84-F AND SETTING THE FEES FOR PERMITS ISSUED BY THE WELD COUNTY ENGINEER, PURSUANT TO WELD COUNTY ORDINANCE 143. 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 Weld County Ordinance No. 143, Section 38-5-101, C.R.S., and the Weld County Home Rule Charter, may establish fees for the issuance of permits for the installation and construction of lines of telegraph, telephone, electric light, wire or power or pipelines along, across, upon, and under Weld County road rights -of -way. NOW, THEREFORE, BE IT ORDAINED by the Board cf County Commissioners of Weld County, Colorado, that the fee schedule for the issuance of permits for the installation and construction of lines of telegraph, telephone, electric light, wire or power or pipelines 'along, across,- upon, and under Weld County road rights -of -way are hereby set forth in Exhibit "A," a copy of which is attached hereto and incorporated herein by reference. BE of Weld schedule of this in full' fees. IT FURTHER ORDAINED by the Board of County Commissioners County, Colorado, that the effective date of said fee , as set forth in Exhibit,:A," shall be the effective date Ordinance, June 23, 1987, and that such fees shall remain force and effect until the Board ordains to change such BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the -fees as set forth in this Ordinance No. 84 -G -shall be in addition to and shall not replace or -repeal thoirrees as 'set forth in. Weld County Ordinance No. 84-F. PAGE 2 RE: ORDINANCE NO. 84-G The above _and foregoing Ordinance No. 84-G was, on motion - duly -made and seconded•; adopted bythe `following vote on "the day of , A.D., 1987. BOARD OF COUNTYCOMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gordon E. Lacy, Chairman By: Deputy County Clerk APPROVED AS TO FORM: County Attorney FIRST READING: May 18, 1987 PUBLISHED: May 21, 1987, in the SECOND READING: .-June 1, 1987 PUBLISHED June 4, 1987, in the FINAL: READING: June 15, 1987 PUBLISHED: June 18, 1987, in the Johnstown Gene R. Brantner, Pro-Tem Jacqueline Johnson C. W. Kirby Frank Yamaguchi Johnstown Breeze Johnstown Breeze EXHIBIT "A" Permit Fee Trench Width Per Foot Up to 6" 7" thru 12" 13" thru 24" 25" thru 36" 37" and up $ 0.05 0:09 0.13" 0.20 0.26 Minimum fee for all permits $20.00 Per Mile $ 264.00 475.20 686.40 1,056.00 1,372.80 adacco iw'i ha otot 1Ytib d. Colorado, tbellbe. « r -for 9� at�M Nathirokor fot t-Bann�dt-6rtaal�� or AFFIDAVIT OF PUBLICATION 12 - Breszo, Jun* 4, 1987 ytE r` rutrnRt[Onogaro by 4 the Board 'of eountY.Co�w e�a�r p; Fxntdc'A.• ea 6. trio e6oe1Ms COUNTY ENaiN E q tNt Jun Z NT TO WELD, �. tNANCE 4$2 3 r Y�'�@t�� file R8 oRADo:, may .rF 'rrq .. . � 'hiTE5E > w" t1Ala ,gydpr9tlry to tbenba" _ r aY sp- TM�F Well' on `� ��ind R.Morder,and CWtt. cO•FF. 4VMe�"dl'BaE1eRURTNE�CR'ORReadot DDrAttl.NECIby to the rBwrd: ,.l�aop«pts yy taiaas:«f cola. m z ,' Commissioners of Weld ihh nob No. 0443 � :COYn1y.. Gnluradn, ywauent 10 le idols,. ,to, and:. s�',QC,: "-APPROVED- AS -.10 -FORM: .WSW.GouMf"�OrAyn«140”143...-•n�a a royal thole as - alAlon36-61Ot,'C.R.8.-and the set forth In WaW County Order Weld CyuntY Hoyle Ruleloner. ante No. 64-F Deyuty County Clerk establish tees for MI'tseu- of pSrmN leg too uutaz The :bon and toacenG �,AppROVED,.AS T1? -!?R'"?. --.00nnmrbn,W,.- Nn ,. made end M or r0yar or WWN� �iM following County AttaMY r i smolt uliont and on"' the daY of ,-�.` wD, tNMGaYyt,lg7y, so, +967 Cpmy road dentrdf-waY 19.7. .. a � enact -test it M�..., th• WELD'COUNTY1 SE REEADING:. Judo t. J 1be on E txy. CMuman .. Nrl Ju« 16. it. ,y 77 1 ; t9B7. M:. pdiw. A Bnttln!r. gtr7aa � 1M 7raai 1967 . Pe MS THE JOHNSTOWN BREEZE _ STATE OP COLORADO i s5 COUNTY Or WELD > 1, Clyde Briggs, do solemnly swear that t am publisher of The Johnstown Breeze; ' that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, Slate of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the previsions of the Act of March a, IB79, or any amendments thereof, and that said' newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the. lawsof the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of ...l.. consecu- tive insertions; and that the first publication of said not jct. was in the issue of said newspaper dated tidy A.D lh$.., and that the lust publication of said notice was in the issue of said newspaper dated A.D. I9 In witness whereof I have herPontomt my !land this ....Z 7r . day of Tii•49 A.D. 19.57 Publisher Subscribed and sworn to before tne, a Notary Public is and for the County of Weld, Slate of Colorado this .2 �.. day of 7trk4 . A.D. 19-><j•• 3" h M commission ex prss Y u TC19n ---71;.-.:h Yol>Sh Avenue Jonnstown, CO 90994 Acri; Ingle COLORADO mEmoRAnnum Gordon Lacy, Chairman May 29, 1987 To Board of County Commissioners �� F,omWalter,J. Speckman, Executive Director, Human Resources Migrant Head Start Cost of Living Grant Revision Subject' - Enclosed for Board approval is a modification to the 1987 Migrant Head Start grant. The purpose of the revision is to incorporate into the grant the amount of $12,264 in funds that were awarded for the purpose of providing a cost of living (COL) increase to Migrant Head Start employees and $2,405 for other cost of living increases: In addition, we are requesting an increase in funding of $64,295 to extend our migrant program from 16 weeks to 22 weeks. 70 : C1'erk ao 1114; Board; FR. °JeannieFacker;HRD RE::".'1987 Migranttiead Start> Increased Service 'Grant fntigsed for board, approval is the1987 Migrant. Head Start.,_Cost a# # iviny .Grant. ' Please.return two(Z):signed'copies after board with the Migrant gMastia,S,"Please _ %-1/7_ corcr 870439 +Vi Cal OMB Amami Na 0446.0006 R FEDERAL ASSISTANCE L APPLE ACANTS a NUMBER L STATE M I- ON a NUMBER 1. TYPE CATION IDENTS Cr ❑ taDRICE OF INIEt/i (OPI%7NNj SUBMISSION !Manirt - - ❑ PREAPPUCATION nrain R3 apeucanoN ten'n FIER Anstpsect DATE !o weal b la 87 06 Ol FIER NoTe Ttras II' nave b" ASSIGNED Iwr maniatl. day ty aLa.I: - 4. LEGAL APPUCANT/RECNBIT - a Applicant Nun .Weld County Division of Human Resources 5. EMPLOYER IDENTIFICATION NUMBFdi(E7✓4 84-6000813 aaywnnonurc .Head Start Program c Statit/P.O. Boa _ P.O. Box 1805 a PRO. GRAM a NUMBER 1113 1-1610 1 01 day - Greeley •- tardy Weld L man . Col orado a 21F cos- 80632 ff1... ($nN muur E ❑ h COaaaatpwen (Naiwr Walter J. Speckman, Executive Director A re4looso Na) . (303) 353-9540, Extension 2360 nTITTE Migrant Head _ Start / Daycare S. 7. OFW0401-1 APPLICANT'S PROJECT (Uaa P.rdan N d re tam lo ptWlde a atatrttry tYsaipaon d Oa IL. TYPE CF APPUCANTI EOPBfT A -+r o-�lu,r�row� r++..w., lKaryanraa.w, ""w 1987 Migrant Head Start / Daycare Program Cost of Living and Increase in Services .. ,`inISTAblo o-""" °""�"` (PA23 & PA26) `-"`'°"° sawrppoP.iwt JOb® 9- AtIFA Of PRO.IET.T IMPACT lNmne �dbd olradi+J arrc e1rJ Weld and Adams County tQ DONATED NUMBER CF BENEFMNO PB200 11. TYPE OF ASSISTANCE Lom ` -- ramom p — 12 PROPOSED FUNDING 13. CON IONAL DISTRICTS OF. 14. TYPE OF APPLICATION - A...n+. cwwre ` mproMM. 78, 964 a' AVIAN b. PROJECT a -ran a canin s STMT•m IE # F s .co b APPLICANT 15,793 pD 4 County -Wide it rne) dim He Can Pik - --___piss &STATE • p0 15. PROJECT START 16. PROJECT DURATION Gn.. yr Doe, DATE-' _ INOIdit _ � CA d LOCAL 'O0 05 11 12 a.c.. 1987 ALondu ear alas aOMER .0016. DATE DUE TO ram mom* any - Y •�■ 1. Teat s 94,757 .ab FEDERAL AGENCY m• t9 87 06 02 19:FEDeut AOBLCYTonECETVEREOIIFST Administration for Children, Youth Famil less° and IosmievEncRANT T Nuu a ORGANIZATIONAL UNIT OF APPROPRIATE) n ADIAMBIRATIVE CONTACT (IF KNdW1R 90 CM 136/01 c ADDRESS 21. REMARKS ADDED 1i Ya9 II N4 IS E Appu,ATLT CERTIFIES TNATA- To 01a bend my knowledge and bask data in this pteassacalorapplcation are rind COMM 1M documad ne been spf aiihc aed by tha acwerkg a YES. THIS NOME OF INTENT/PREAPAUCAT1C+VAPPUCAMN WAS MAIM AYAI(ABLE in IIiE STATE EIECUTWE ORDER 12372 PROCESS FOR REVIEW Ott DATE body d the app9aa t and 1M 1Opiort andiada.aetwe n NO. PROGRAM IS NOT COVERED BY ED. 12372 relcdwptyvAdittta Y the aWatance la apptped OR PROGRAM HAS NOT BEEN SELECTED fly STATE FOR REnew ❑ ' 23. CERTIEVRIO FIEPRE- SENTATNE a TYPED NAME AND TITLE Gordon Lacy, Chairman Weld County Board of County Commissioners n SIGMA 06/01/87 I4 24. APPLICA- rem. mond* b TION RECEIVED 49 - 25.. FEDERAL APPUCAT10N 'DENIM* - - fff�� DECIMATION 12d FIBIOIHO - Year day Lr neat !me V. ACTION TAKEN a AWARDED - 29. ACTIONDATE► t9 - B:ARIING Dalt 79 O h REJECiFfl 32 ]'r die O a RETURNED FOR a. FEOE►iAl i -.O0 31. CONTACT FOR ADDITIONAL INFORMA- TION: (Nameand ed4A^aa nnm6e) nor:. �. ,MENOMETLT 1L. APPUCAtiT - _ _ap OE<y, t9 D d RETURNED FOR ED. 12372 SUBM68gN c STATE .00 XS-REMARKSAIDED BY APPLICANT TO a: LOCAL - _E)0 STATE . as DEFERRED -: - a OTHER - 00- 0t YRTHDRAWN t. '.... TOTAL S .MO .. DYe ..❑'N0� " NS7(7640-01-006 8162 PREVIOUS EDITION IS NOT USABLE 703 Prta1Md by OMB Career • OMB NO. PART HI - BUDGET INFORMATION SECTION A - BUDGET SUMMARY Brunt Program. Function or Activity (a) Federal COIN, No. (b) Esdmated Unobiipued Funds New or Revised Budget Federal (CI Non -Federal (d) Federal 00 Non-Fedeal fit Tad (g) I- PA 23 13.600 $ i $ 60,446 i 12,089 $ 72,535 2 PA 26 13.600 3,849 770 4,619 3• PA 23 13.600 12,264 2,453 14,717 4• PA 23 13.600 2,405 481 2,886 b. TOTALS $ $ $ 78,964 $ 15,793 s 94,757 SECTION B - BUDGET CATEGORIES B. Object Clews Categories - Grant Program, Function or Activity Total (s) ft) PA 23 Go PA 26 (3)PA 23 fa) PA 23, 3% a. Personnel i 52,562 s 3,349 $ 10,664 s i 66,575 b. Ringo Benefits 7,884 500 1,600 9,984 c. Travel d. Equipment e. &worms f. ,Contractual 2,405 2,405 9- Construction h. Other L Tod Direct Charges 60,446 3,849 12,264 2,.405 78,964 j. Indirect Charges is TOTALS 60,446 s 3,849 i 12,264 s 2,405 s 78,964 7. Program Income $ s $ i $ section c- NON-FEDERAL RESOUR(F_S U Grant Program (b) APPLICANT (c) STATE (d) OTHER SOURCES (e) TOTALS 8. PA 23 (increase Services) $ 12.09 S $ S 12_f1R9 9. PA 26 77n 771)_ 10. PA 23 (Salarte COL) 2.453 2_4c11 11- PA 23 (3% COI) 481 481 12. TOTALS $ 15,793 $ $ $ 15,793 SECTION D - FORECASTED CASH NEEDS 13. Federal Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 9 $ $ $ $ 14. Non -Federal 15. TOTAL $ S $ S $ SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT FUTURE FUNDING PERIODS (YEARS) (a) Grant Program (b) FIRST (c) SECOND (d) THIRD (e) FOURTH 16- $ S S $ 17. 18. 19. 20. TOTALS S 9 S S SECTION F - OTHER BUE-3ET INFORMATION (Attach Additional Sheets it Negteary) 21. Direct Charges: 22 indirect Charges 23. Remarks: The Weld County Migrant Head Start grogram is applying for funds to increase the level of services being provided to migrant children and their families. The need to increase the level of services is based on the fact that migrant families begin arriving in the Weld County area as early as April to plant onions. These families then stay in the area until late September or early October picking and bagging the summer vegetable crop. There are no services available for these families during the spring and fall months. It is very common to see young children playing unsupervised, in and around vehicles, while their parents work in the fields. The health and safety hazards these children are exposed to during this time are life -threatening. The Weld County Head Start program became a Migrant grantee in 1986. The grant award requires that Weld County Migrant Head Start provide services to 200 migrant children for a period of 15 weeks. The Weld County Migrant Head Start Program served a total of 272 children for a period of 16 weeks of classroom/child care services during the summer of 1986. The Weld County Migrant Head Start Program is proposing to increase the length of services from 15 to 22 weeks. Classroom/child care services will be provided from May 11, 1987 to September 15, 1987. This period of time will cover the peak agricultural season --when the greatest number of migrant families are found in the Weld County area. The following budget breakdown includes the minimum staff needed in order to increase the level of services without affecting the quality of care being provided. The budget breakdown does not reflect the salary cost for the Educational Coordinator, Health Coordinator, Family Services/Parent Involvement Coordinator, Secretary, Janitor, and Head Start Director. These positions were budgeted for a period of five (5) months in the original grant. The additional seven (7) weeks being requested will increase to 22 the number of weeks of operation. This will include tw^nty (20) weeks of direct services to children, one (1) week for staff orientation and training, and one (1) week to close down the center. The PA 26 monies will be -used to fund.a Health Aide position for three and one-half (3}). months: The PA 23 3% cost of living monies will be used to :increase medical and dental services.; 8'70439 1987 Migrant Head Start /Day Care PA 23 Budget CCFP Reimbursement Personnel Salaries, Administration 18100 Salaries, Staff 155000 -8326 Salaries,Transportation 14600 Total Personnel 187700 -8328 Fringe Benefits Workers Compensation 1198 -37 Health and Life Insurance 6198 -189 FICA 13408 -410 Travel Supplies Total Fringe Benef 20804 -636 Mileage (.20 per mile) Out -of -Town Expense Meals Total Travel Food Office Supplies Janitorial Supplies Classroom Supplies Medical Dental Supplies Kitchen Supplies Total supplies 100 25 250 375 16057 16038 .3000 3000 4000 7000 1000 34057- -16038 R&M Supplies 2600 Gas & Oil 10000 Postage ' 200 Printing 1400 Subscriptions 50 Meeberships A: Dues 100 Utilities 9300 Telephone 1500 Storage 700 Medical '& Dental services 5405 Audit Fees 1200 Other Proffesional Services 24000 R& :M Vehicles 9300 - R & M:Equipaent 1400 Staff & Local: Travel 3500 - Meeting Expense 500 Books 200 Supportive' Services, 300 Insurance 300 Building &. Equipment Rent 5000 Machinery &c equipment Rent 1700 Total Other 78655 Program Expenditures Anticipated CCFP Reimbursement RES PA 23 Grant Award 321591 -25000 298591 0 -25000 8'7©439 Period Of Time MIGRANT HEAD START STAFFING 1987 GREELEY CENTER Educational Cooridinator Admin. Assistant Fam_ Serv_ Coordinator Health Cooridinator 5 Ram. Serv. Aides Period % Of Monthly Total PA 23 CCFP Of Time Time Salary Salary 5 months 5 months 5 months 5 months 3.5 months Cook 3.5 months 2 Cook Aides 3.5 months Janitor 3.5 months 14 Teadhers (full time) 3.64 months 20 Teacher Aides tfull time3.5 months Total Salaries ADMINISTRATION 100% 31% 100% 100% 100% 100% 100% 100% 100X 100% 1412 1125 1412 1412 931 689 673 657 758 602 7060 1763 7060 7060 16293 2831 5495 2881 49887 54670 2831 5495 $155,000 $135,228 $8,326" % Of Monthly Total Time Salary Salary n23 CCFP Human Resources Exec. Dir. 5 months Fiscal Officer 5 months Accountant 5 months H.S. Director 5 months Admin Asst. 5 months Secretary 5 months TRANSPORTATION Period Of Time 9.00% 4120 1861 9.00% 2168 977 9.00% 1780 803 97.00% 2034 9879 69.00% 1125 3862 9.50% 1534 718 18100 % Of Monthly Total PA 23 CCFP Time Salary Salary Trans. Supervisor 3.5 months 15 Bus Drivers 3.5 months 47.00% 1825 2987 25.00X 870 11613 14600 8'7®439 Migrant Mead Start 3% Cost of, Living Increase of 06/01/87 ' PA 26 MIGRANT HEAD START HANDICAP STAFFING Increase of June 1, 1987 Position Duration % of Monthly Total Time Salary Salary Salary Health Aide 3.5 Months 100% $931 $3,349 Fringe Workers Comp., Health and Life Sick and Vacation - $500' Total .$3,849' 870439 DEPARTMENT OF. HUMAN_ RESOURCES PHONE -(303) 3.53-0540 PO_ BOX 1805 - GREELEY,,COLORADO 80632 Department of Health and Human Services Office of_Human.Development-Services Grants and Contracts Management Division 200 Independence Avenue, S.IC Room 345-E, HHH Building,' - _ Washington,-D.C. 20202 Attention: Ms, Mary A. White Dear Ms. White: Enclosed is the Weld County Migrant Head Start/Day Care Program request for additional monies. The need to increase the level of services and increase the number of service days creates a need for additional monies. The Weld County Migrant Head Start/Day Care Program is requesting an additional $78,964.00 for Program Year 1987. I have enclosed one original application. and two copies as per normal Migrant -Head Start instructions. If you have any questions regarding .the application, please call me at (303)-353-0540, extension 2355. Sincerely, " C✓ack Annie K. Tacker seal Officer., Weld County Human Resources Enclosure.' 870439 SS WARRANT N0. 12893 62463 WELD COUNTY REVOLVING FUND 1,265.77 P.O. & VO. N0. WELD COUNTY, COLORAD PAYROLL FUND CLAIMS VENDOR PAGE 1 AMOUNT State of Colorado 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 l through 1 and dated JUNE 1st 198. 7 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 1,265.77 Dated this _ 1st day of JUNE CountFinance Off Subscribed and sworn to before me this 1st day of JUNE My .commi_S*on expires: res�w+--7940 State of Colorado County of Weld -- We the Board (disapprove) the claims ordered drawn upon the TOTAL 1,265.77 , 198 7 . of County Commissioners of Weld County, Colorado, hereby (approve) as set forth above; and warrants in paymEnt therefore are hereby PAYROLL Fund totaling 1,x...77 WELD COUNTY, COLORAD GENERAL FUND CLAIMS PAGE 1 WARRANT N0. 902145 59213 U.S. POSTMASTER 1,5013.00 P.O. & V0. N0. VENDOR AMOUNT State of Colorado County of Weld 3 SS TOTAL "This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages l through and dated JUNE 1st , 198 7 and that payments should be made to the respective vendors in the amounts set opposite theTF.names with the total. amount $ - Dated this 1st day of - JUNE • , 1987 . l\km oun y Finance 0 Sa scribed -and sworn to before me this 1stiiay of RUNE My, comnision "expires • 1v r1.„wd,wo, Exp1rta J oa 8. Gary State of Colbra'dd_ 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,$ ATTEST;_ Count Clerki and Recorder By:Deputy�J! Chai Member Member • i Oa Are Mem er STATE OF COLORADO COUNTY OF WELD ) SS ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT FAYMENTS 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 OAP SS DATED THIS -1St CLAIMS ADC ADC -U IV_D AAP AND IRA AB - GA MED. TRANS. ADM SERVICES CHILD WELFARE PAC DC LEAP SUBTOTAL; SUBTOTAL GRAND TOTAL AMOUNT $ 40.00 OAP SS $ 40.00 $ 40.00 DAY OF: June , 1987 . �t DIRECTOR OF F SUBSCRIBED__AND: SWORN TO BEFORE ME THIS 1St DAY OF i ADMINISTRATION June , 1987 4t —it PLY C01414:310;:1- L7tpEs~ OTARY PUB I 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: WELD COUNTY CLE AND RECORDER AND CLERK TO THE BOARD rLaw/tate-4v BY: yh n a, DEPUTY COUNTY CLEAR DATE PRESENTED: (e)/142:7 • • Al 05£9*086Z-TQ u i n n N ' tl Y 11 1 N a i u a 1 11 a vl 1 VI N n. p a la 1 Vn a rr u�151 hO a • . It • N sit t VI Y CO O 0 1 0 a r a i • 11 h8 1-ZZZ9-0099-1Z • • • • • • • • • • • • • iMOdS- S•NOS13N2l119 W CO �o a ON a N M u a a N N M p u N u a u N N NN a Or _ a P l lir P a ,c. . p. •.. 1 • N Q'. 0:.. MN IV II -4 r NCO I,CN ay. M / a • W rV N •1 Vw- w vt t,n N N } O O am, r 1 1 N N }+ r r7• r r t N P IV N N d O 1 1 er Zs 31, 03 03 N w N vt CO to N P • e • w NN O 04. NO N 00-09£9-T90T -TO 0Z tiO r A 8111-OZZ9-TlTZ-FO N t 11 a a u • i u N M 1 11 a it M 1 N A 1 N tl 1 N CO P N - H 1 M ti . . 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N M, a .. n N 3 N O D _ < .C dl D 3 H Z "O m to mO Z = 73 1 =N M S l7 O A Z Z O m a S • q A 73 m Z N « r m m R T n 3 z m m .c.c. • n =r4 1 1 N W O i 2 A w N O N `7 -n j -I--17 a N O -4 a m O D m n • • 3AO9V 3H1 ND 091D10400 N IMO N O n m 73 T 1 O x a x -n m -i a 1 > N A 1 A rn r 3 o 4- 4-4 - r vt N D Y N 3 = N -i O S C a r N - / D S m m O -1 - - O A r s A s 0 C z S21OON3A 3AIlO3dS*1 3141 Y 30 Vd NO NHOH S ONIINOOOOa S3 nA S N � 33 Y o Xi m,; m a r Z O « -4 h O 70.41 err C : C` N w —y .O: vs -C ' CD m 7J v:O • • • • • • • • • • • • • • 0 • • • • • • • •. • • t t e 7 9 e Del -c as co m rnl a nt e 0 • • • • • • • • i Z v 37.,t < A. n� rvIr f Z'm -e r a o is F -! m ] m C3.O.. ..r c O tIf -4 �. m, c N 70 • • • • • • • • • • • • • ♦ • • • • • • REPOr : 5 r OflUfliC6±iOHS DEPARTMENT of HIGHWAYS 4201 East Arkansas. Ave. .: Denver: Colorado 80222. (303).757=9011' FOR MORE INFORMATION: 757-9361 ,� mm5AE OF COLORADO `7,) -GREEL6l', COLD. $87-20: Highway News May 21, 1987 HOTCHKISS BRIDGE AVAILABLE FOR ADOPTION Delta County officials are offering the 76 -year old Hotchkiss Bridge. (picturedhere) to -any.!person or organization interested in relocating it. The iiotchiciss Bridge, s which,, crosses ,the North Fork of the Gunnison River, was built in 1911 by Fred'Bu11en`s Pueblo Bridge Company. The signal span bridge is 151 feet ,long:. and .16 feet wide, and is a pin connected steel Camelback .through truss_ It is listed on,the ,National Register. of Historic.Places. The . cost .of moving; the bridge without disassembly is .estimated > at batwaena50,000 ;and .$75,000 for minimal ,restoration.(assuming light. usage for pedestrian and bicycle use) and, between $80,000 and $100,000 for relocating the bridge by disassembly. To help defray the cost of relocation, a grant "equal. to the coat of demolition will be.'made available to the bridge -recipient agreeing to comply with preservation covenantee (over) aMl-S la- P-87 Highway.Nevs Hay -21, 1987 Page 2. Potential recipients must submit_a written relocation plan detailing the proposed use and new location of the bridge-as:Well,"as the resourcesavailable to assure future maintenance. If storage of the bridge is necessary, details of the atoraga'area and security meesures--should be provided. Proposals for the relocation of the bridge' will.he-reviewed with;firat preference to plans Which would abide by preservation-covenents.' Preference will also --be given' -to plans which would relocate the bridge without long term -storage. If. there it no acceptable offer which would -`meet these requirements, the structure may be transferred without preservation covenants. Interested parties are, requested' to contact Sally_ Pearce, Staff Historian at the Colorado .Department of Highways., 4201 East Arkansas Avenue, Room 212, Denver; 61efade.80222,—(303)=757-9786., -Proposals: will la accepted until June 30, 1987 and reviewed for a'thirty day period thereafter.: DENVER -AREA ROAD CLOSURE INFORMATION AVAILABLE VIA ELECTRONIC BULLETIN BOARD The summer construction season is well underway, and in the traffic -congested Denver metropolitan area the. Department of Highways has stepped up efforts to inform motorists 'about road and,`bridge.construction areas where work by contractors or Division .of Highways ,maintenance crews will restrict travel lanes. While more resurfacing 'and ?bridge construction will be done during nighttime .hours .this year than ever before, there are still many state projects started or scheduled which will delay motorists. In mid May Department engineers met with radio, television and newspaper traffic watchers l to discuss the.. project areas most likely to affect traffic. Thirty two constructionprojects were identified on a metropolitan area map, along with day work and night work designations and project descriptions. Communication about such projects helps reporters know where listeners or readers ;will encounter construction zones. DIRECT: communication will also be available ;again' tfiis season; to peog3e who have computers and modem (telephone connection) devices. Free and available 24 hours a day, the RABBIT Board: at telephone number 757-9509 offers road closure information as one of its many menu The RABBIT (for Research Activities Bulletin Board in Transportation) will' offer weekly' construction area updates, usually "posted-. Fridays forthe foliowing:weeieS1 affected" highways.. New users needing 'help setting up .say contact Highway Department staffers at 757 -9220 --weekdays between 7 a.m: and 4 p_s Originally ,developed to" exchange' research information and ;;:public or pr vate:meaa6gea,-; the- RABBIT E1"ee"trenic Bulletin Board has been:.expandad :3a years:. (more)` Highway liens May 21r ,1407 Users have: access- tiv Research reports Computer programs . _ Up/Downloading information Leave :sold/nr. raeaivel L _.. techange of ideas -and eXperiences Construction BID schedules 2i! Rventa si d training Announcements.-. Weekly RABBIT Roundup of research news -reports; publicationsand' happenings: H 1722(1) xa*a Page ;3 84TH AYR. IN THORNTON The Department's Division of Highways accepted two bids at the Hay 21 opening for a project on 84th. Avenue east of North Valley shopping center in Thornton. Major widening and intersection improvement would begin about a tenth of a mile, west of Washington St. and would extend half armile east to Essex Drive. 'Work ..elements ;include` grading,, drainage, hot bituminous pavement, topsoil, seeding, mulching, curb' andtgutter, sidewalk, signing, striping and signalization. Sitarist . Construction Company of Dever'' turned in. a : low - bid of 8865,271 for the ,project_ But the project will be readvertised. In accordance with Colorado statute, when there are fewer than three bidders on a=highway project no award is made> mien 'award . is : :more, than two ;percent ;'over 'the estimate of the State-: Department.. -of. aiiahwaya on -the 'project:' The low bid exceeded the ` engineers• estimate by- -more ;than '21.percaat. FR 014-2(15) S.H. 14 EAST OF FORT COLLINS The second bid opening'at-tile Division of Highways main administration building May 21 also resulted in no award. State Highway 14 minor- widening and.. resurfacing in Latimer and Weld counties drew two'`minority bidders. A, project which begins about 1.3 miles east of Interstate 25 and; extends 31 'miles_ ;east .waa available only to certified, pregtialified businesses owned and 'controlled' by .socially and ,economically disadvantaged individuals.' The Set --Aside ;project includes grading, ,;hot bituainouspavement, drainage, fenc dig,: topsoil, seeding and mulching. Connell Resources, Inc.'. of Loveland submitted a low :laid of 81,082,228. " The project,: will be . readvertised because. there were fewer than three bidders and the bid exceeded the engineers• esttnat&hy.More •titan .two :'percent. - -It was. 10.22 percent over the -estimate. 0000 (over) Highway News May:21i 1987 FLH 0139(14) S.H. 139 NORTH-OF.-LOKA e ♦::;': K:E.C.I. Colorado Inc., of Lakewood turned in a: low -bid of 8879,500 at the Division of Highways Hay 21 opening for minor widening and overlay of S.H. 139 north o£ Spit* Canyon in Garfield county.. ..A.Net Aside project -available only to certified, preeualified minority bidders begins about twenty miles. north of Loma and extends 2.3 miles north. Two minority firms submitted sealed bide for the project. Included in the design are grading, aggregate base course, drainage,: hot -bituminous pavement overlay:guardrail...seeding, and:.mulching. No award wilt -be made, ' however,' and -the project will be readvertised, because there Were fewer than three bidders and the low. bid (at 10:65 percent `over") exceeded the engineers' estimate by more than two percent. HIS 0002(10) _ IFS II FFEL ROAD EAST; OF COLORADO SPRINGS Warren Cramer, resident engineer in Colorado Springs, --will coordinate a Harksheffel.- Road .realignments;project near the::city if (contract -award ;follows bidding seen May 21 at the Division of Highways main administration building. in Denver. Seven firms turned in sealed bids for a project which begins north of U.S. 24 and: extends four rtenets of,a.mile northerly across the railroad tracks. Schmidt .Construction Company of;Colorado Springs submitted,an:appsrently successfuTr;.bid of: ;153.520. for:' the: project; -which-;requires -completion within thirty workable: days: " Work elements -consist of: grading.: aggregate -.base. course;; hot bituminous pavement, topsoil, drainaga;,seeding and mulching., 0000':.. BRO 0063(3) A=HINSDALE COUNTY BRIDGE Replacing .a bridge- on_ Hinsdale County:_Road 5 -drew, four bidders to the Division of Highways May 21 opening. A project over Cebolla Creek about 14 miles south of Powderhorn also includes' grading, aggregate base course, bot bituminous pavement; topsoil; seeding and aulching.;,: G.A.- Western Construction Company .of :Palisade- turned in an. -:apparently sdccessful--: bid .-of: =164,545 for the; project,s:which ,calls for _completion :within forty working days. Resident engineer is Darryl' `Carlson '_of Montrose.,, MR 4043(1) "mint 26TH ST. It BOULDER A:=Bet-Aside project-' to widen, and -resurface a-mile`of,-North 2e-th.,street::- in Boulder drew two minority, business enterprises to the Division of Highways May (more) Highway Sews " May ,21,:2987 Page 5_: 21 bid opening. Colorado Seal &_Stripe;Company ;:of: CommerceCitysubmitted a low bid of ;122,003 for a project between Lloyd Circle and Jay Road. This project, "like tiaras others whose. bidsopened May 21, will be readvertised because there were, fewer than three, bidders and the low bid fat 18.42 percent ^over"). exceeded, the engineers' estimate by: more. than two percent:.: 0000 BIDS TO BE OPENED FAL a at 9,:30 a.ae.� Replacing the U.S. 40 bridge over Wild Horse Creek in Kit Carson with a concrete box culvert, which includes hot bituminous pavement, striping and lighting,. -in: -Cheyenne county,: ER: 0119(1). 9:45' eat., Rehabilitating West Sixth Ave. .in Lakewood near the Denver Federal'. Center;' consisting of striping, topsoil, hot bituminous pavement overlay, ;and plant mix seal coat, located on U.S. b, beginning near Simms Street and.: extending about 1:82 miles east to Cody Street, in Jefferson county, CXFRU 11-0006-•13 10:.00 a.m., " Resurfacing U.S. 24 north of .Leadville, which includes hot bituminous pavement overlay,: plant mixed seal coat, aggregate base course, guardrail, `signing 'and striping, from S.H. 91 northabout thirteen miles toward Camp Hale, in'La1ce and Eagle counties, CX 41-002'4-11. 10:15 a.Ac;': Widening U.S. 6 near KeystoneResortin Summit county, which includes _aggregate base course, hot bituminous pavement, plant .mixed seal, coat and striping; beginning -about four !miles_east :of' Dillon at Swan. Mountain Road and extending 2:3 miles east, CX 61-0006=06.. l0:30 s.A:.,.. S.H. 74' roadway realignment and safety w=k in Jefferson county which -includes ;grading, 'aggregate base course„ bot'bituminous pavement,` drainage, topsoil,: seeding and mulching and chip seal coat„ located at two separate locations near Bergen Park and near Idledale, HES 0001(22)_ Readvertised project_ 10:45 41;14;,. Resurfacing campground roads, which includes grading, aggregate base course, -and drainage, located" on State Forest campground roads near; Gould et various -locations in Jackson county, CC 59-0000-02: State Forest is the name of a Colorado park facility ':west of the Jackson and Larimer county lino. CONTRACTS AWARD ..-Bondr: }'reipct. St set Description . Awarded to CX SR 18-0065-11 'S.H. 65'nort�s 9f CedaredSe:' Resurfacing_ Bid Contract Opening; Awarded Popejoy const. Co. 5/7/87 5/11/87 ;28,016, 707 Award Goals." DBE 0% WBE 2% Committed DBE 0% WBE 2_8% (more) Highway Mews May 21 1987 Road/ Frei,Ct $treat, Descrivtion 8warded to, MP 12-0270-06 I -270; -Frontage Chip seal... - Commerce City_ • ME 7209(1) °iia'st 8t:. iii Ft. Morgan. MP 12-0036-14 street. Bid 4 Page 6. Contract.. Awarde4 A-1 .Paving Co.; hie..4/16/87 - : 5/8/87 $31,725, Award Goals :DBE 10% CBE 0% Committed WE' 0%' LBE 10.23% Bast=[iay"Pavnt'Co_ir:4/16/87 < 5113/87 $82,942 Award:.Goals DBE: 01,-113811-5%-- Committed. DBE- 0%l. iiBH.5'.227. • Denver Boulder Resurfacing. Western Paving 5/14/87 -'5/18/87 ' ^ rnpike' : Comet. ce pany $121;688 _ Award Goals DBE 0% WH::Ox: Committed DBE 0% MBE ; 0% !R 006-3(7) • U:B. 6,-S.H. 61:Resurfaeing 88 0061(3) east of Sterling:. CR 12-0002-32: B:IL. 2 in Commerce ,City; Itesurfacing. MG Cement*, Inc. :. 5/7/87 5/19/87 $698,,000 Award Goals DBE Set -Aside NEE 7% Committed . :_DBE SetrAside ,iBE-8.32x . Siegrist Cont_ Co:- 5/7/87 5/19/87 $168,873 Award,Goals • DBE 0% MBE 7%,' :Committed -DBE 0x3: WW1 13 72x CCM 12.0025-17 B.H. 7, I-25 Minor widening Siegrist Const Co_ 5/7/87 5/19/87 GEM 12-0007-13 net of i hri e. $1,781,916 Lafayette.replacement. Award Goals DBE 4x' ABE:6.:5x Committed DBE 4.01% %Bi 7.04% AGENDA WELD COUNTY PLANNING COMMISSION MEETING TUESDAY, JUNE 2, 1987 Planning Commission Members are reminded that you are to call BOBBIE GOOD 356-4000, Extension 4400, if you cannot attend the luncheon and/or meeting. 12:00 noon - Weld County Planning Commission Luncheon - June 2, 1987, The Heritage Inn, 3301 West Service Road, Highway 85, Evans, colored°. * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * 1:30 p.m. — Public Meeting of the Weld County Planning Commission, County Commissioners' Hearing Room ((1101), 915 Tenth Street, Greeley, Colorado. 1 CASE NUMBER: USR-792:87:18 (Continued from May 19, 1987) APPLICANT: Sam Parker REQUEST: A Use by Special Review permit for a use similar to uses listed as Uses by Special Review in the A (Agricultural) zone district (storage, fabrication, and distribution of wooden storage buildings). LEGAL DESCRIPTION: Lot 8, Block 3, Ranch Eggs Subdivision, Second Filing, Weld County, Colorado. LOCATION: Approximately two miles east of Erie. 2 CASE NUMBER: 2--433:87:2 APPLICANT: R & R Hot Shot Service REQUEST: Change of Zone from A (Agricultural) zone district to C-3 (Commercial) zone district LEGAL DESCRIPTION: Part of the NW} of Section 32, T2N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .25 miles north of the Town of Fort -Lupton; south of Weld County Road 16 and east of U.S. Highway 85 3 CASE NUMBER: USR-794:87:20 APPLICANT: Galeton Community Church REQUEST: Use by Special Review Permit for a Church in the A (Agricultural) zone district LEGAL DESCRIPTION Lots 7 and 8, Block 18, Town of Galeton LOCATION:; The northeast corner of Second Street and Grandview Avenue, Galeton CASE NUMBER: USR-793:87:19 -APPLICANT: John and Carolyn Fitch' REQUEST: Use by Special Review permit for a Kennel Operation _LEGAL DESCRIPTION: Lots 1- and 2, Block 46, Aristocrat Ranchettes Subdivision LOCATION: Approximately;.5 miles east and .5 miles • Lupton: 7341 Bart Street north of Fort - SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 5, 1987 A regular meeting of the Weld County Planning Commission was held on May 19, 1987, in the Weld County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street,, Greeley, Colorado. The meeting was called to 'Orderly the'chairman; Jack Holman at"1:30 p.M. Tape 281 - Side 1 ROLL CALL -Lydia-Dunbar Ivan Gosnell LeAnn Reid Louis Rademacher Lynn Brown Paulette Weaver Ann Garrison Jack Holman Present Absent '-' Caiied Present. A --- Present Present Present Absent - Called in Present Also present: Lanell 'Swanson, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The Summary of the last regular meeting of the Weld County Planning Commission held-on'May 5,!1987, reflected that Ann Garrison and -Jack Holman voted no on Cases USA --782, 783, and 784: These -have been corrected to reflect that they both voted yes for denial on these three cases. The Chairman announced - Case Number 4 on the agenda= is asking for continuance. Therefore this case will be moved to the firstitem on the agenda. CASE NUMBER:' USR-792:87:1.8 APPLICANT: Sam Parker REQUEST: A Use by Special Review permit for a use similar to uses listed as Uses by Special` Review in the -A (Agricultural) zone district (storage, fabrication, and distribution of wooden storage buildings). LEGAL DESCRIPTION: Lot S, Block 3, Ranch Eggs Subdivision, 2nd Filing, Weld County, Colorado. LOCATION: Approximately two miles east -of -Erie. Lanell'Swanson stated the Department of Planning Services` staff recommends that this request be continued because the staff is waiting for further information concerning ^ lease of the site and the uses on the five acre parcel. The Planning staff is recommending continuance of this case to June 1987, regular meeting and the property -owner is also'in agreement with granting a continuance. Summary of the Weld County Planning. Commission Meeting - May 19, 1987 Page2 The Chairman asked if there was anyone in the audience who was present specifically to hear this request. There was no one. The Chairman announced this will be heard at the regular meeting of the Planning Commission on June 2, 1987, at 1:30 p.m. Chuck. Cunliffe, Director, Department of Planning Services,- presented proposed:.amo„amonts to Sections 10, 20, 30, 50, 70, and.71 .of- the:Weld County Building Code:Ordinance. The Chairman called.for discussion from the members of the audience. There was none. MOTION: Louis Rademacher moved the:proposed amendments.to Sections 10, 20, 30, 50, 70, and 71 of the Weld County Building Code .Ordinance,_be forwarded to the Board ofCountyCommissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Building Trades Advisory Committee. Motion seconded by LeAnn Reid. 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; Lydia _Dunbar - yes Louis Rademacher -_yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. Chuck Cunliffe presented proposed amendments to. -Sections 10, 21, 24, 25, 31, 32, 33, 34, 35, and 61 of the Weld County Zoning Ordinance. The ;Chairman called ,for discussion from the members of the audience. There was none. MOTION: Lynn Brown moved proposed amendments to Sections 10, 21, 24, 25, 31, 32, 33, 34, 35, and 61 of the Weld County Zoning Ordinance 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 Lydia Dunbar. The Chairman called for :discussion from the members Commission. Publication requirements were discussed. Summary of the Weld County Planning Commission Meeting May 19, 1987 Page.3 Chuck -Cunliffe reported the proposed amendments have been published once prior to'this hearing. they -will be -published -two more times and there will be four more hearings after today -before the changes are adopted. The Chairman asked the secretary to poll the members of the Planning Commission -for their decision.' LeAnn Reid —'yes; Lynn Brown - yes; -Lydia Dunbar — yes;'' Louie' Rademacher --'yes;' Paulette Weaver - yes Jack Holman — yes. Motion carried unanimously. 'CASE NUMBER: USR-791:87:16 ' APPLICANT: Gary Bragdon REQUEST: A Use by- Special Review permit for a Livestock Confinement Operation in the A (Agricultural) zone district (20,000 head lamb feeding -operation)-:' -LEGAL DESCRIPTION: SE} :of Section 8, TSN,- R67W of -the 6th 2%11., Weld County,'Colorado. LOCATION: North of -United Stated'Highway 34, -west of Weld -County Road 17; 'approximately 2 miles vest of Greeley. APPEARANCE: Gary Bragdonv applicants :stated the lamb industry in Northern Coloradohas been an important part o£ the economy. This location was chosen -because of the cost, the lay of the land, the roads in the area are convenient, and the property is- zoned' -"agricultural.:' The services available `are water :and natural gas. Tape 2811- Side -2' He met with the City of Greeley Planning Commission and they recommended denial, although they did not have a full board. He also met with the Town of -Windsor-Planning Commission and they recommended- approval unanimously. He previously had a lamb operation north of Sev7: nce seven or eight years ago and did not have any problems with the neiribors. He will convert the land currently planted to row crops into -pasture and will run about one hundred head of ewes. The pasture will be watered with the runoff. He is allowing fifty square feet -per animal instead of the usual thirty so there will'be drying -potential." Run off' and rain -water will be kept separately.'- He will be -living on the- property himself. He'commended-the Planning Services' staff'and'-Wes Potter for all the help given to.him He has reviewed the' -recommendations,' conditions, and developmentrstandards as outlined by the:staff -and ha no- problems with them. The Chairman called for discussion from the Members -of the audience. Summaryof-theWeld.County Planning., Commission Meeting May 19, 1987 Page 4 Mr. ,Henschel, resident, of,: -Indian ,Head Subdivision, stated there- are seventy-four, lots in. -this subdivision. Approximately fi£ty have. been built on. He. discussed potential. problemswith odor and drainage from the- run off: Tom Wyler,_ -adjacent property owner,..raises:-exotic birds.- He -is concerned the lagoon,,next-to his, property, and the dust, and spread of disease will contaminate his birds. Katherine Weinmeister, Zeiler Corporation, is opposed to this request because they plan to develop their land in the, future. The feedlot will cause dirt, dust, and odor. Their land _is dryland and -not irrigated. Frank Platt, El -Du Dairy, said they are concerned about disease spreading .between the sheep- and their .cattle. They, and:- ship: ,cattle internationally, and if some of these diseases were to spread, they would no longer, he able to ship these cattle- to other countries. - 8e -presented a letter from his veterinarian:. Tana 282 .Side 1. :Bob Sorenson, surrounding l,: property. owner, spoke in request: Don Leonard, surrounding request. opposition to this ,property- owner, spoke in..opposition- -:to this Dan Stroh, ,represented the current property, owner, Hobert Dttosou. This land is ready to go, into foreclosure.- This proposal should be looked at from a. business standpoint.-; Gertrude Wyler, adjacent property owner,.,spoke in opposition- to proposal. Brad Wyler, area resident, spoke in opposition to this proposal. this Gary Bragdon discussed the lay of the land ;and the prevailing direction of the winds: , He wrote, letters to all the ,neighbors himself and no one has <,.. contacted .him. .'Water pollution and drainage have been (studied ,by several c experts. He called- the Dean' of the Veterinarian School, at CSB,, and he stated he had _:never seen <a., case, -of ,.blue. tongue in either, Wyoming or Colorado. This location 'was,chosen because price -dictates, where one locates at this time. Wes Potter, Weld County Health Department, reported run off provisions have been made on a twenty-four hour, twenty-five year storm. The soil in this area is compatible with the type of system they have provided. MOTION: Summary of the Weld County Planning -Commission Meeting' May 19, 1987 Page 5 The Chairman -asked- Lanell Swanson to read the recommendations, conditions, and development standards-into-theord.' `Tape•282..- Side 2 Lynn Brown moved Case Number USR-791:87:16 for Gary Bragdon for a Use by Special Review permit for a Livestock- Confinement Operation in the Agricultural- zone district for a 20,000 head lamb feeding operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial because we are talking about a large - number of animals for the proposed location. The property is -too close to both the City of Greeley and City of Windsor for such a large operation. The property is on a major access road, close to an interstate, and it is not in -the future growth -boundaries of the City of Greeley or a least not in the near future. When we talk about -an official definition between the urban growth boundariesandthe agricultural areas, the City of Greeley specifically requests that these be low impact agricultural uses. -This is an extremely high impact use, and is certainly not an appropriate kind of use to be serving as a buffer zone between the agricultural areas and any sort of urban growth areas. We heard a lot of concerns from the surrounding residents and landowners. Therefore, this is not conducive in anyway to the health and welfare o£ the individuals in the area. The Planning Commission has heard concerns about' disease, dust control, odor, noise, wandering animals, -and a great deal of concern about the water both in terms of how the drainage and potential seepage will be:handled. There is a potential for -increased traffic accidents; and -finally, --even :though_we attempt to cover things in development standards :it appears that it -would -be -extremely difficult, if not impossible, for this --operation to even -comply with the development standards. Paulette Weaver seconded the motion because .while we -do .need these agricultural uses this a very large -number of animals and there appears to be no way to mitigate the real impact. There are rural residential areas very near by and whether -or not -we think they should be there -and whether or not we think they should -infringe -oh agricultural uses they :do exist and they'have been there fora long-time. :This -is too large a number -of animals in an area and in a' location that just doesn't permit' this. type Aof. use. for discussion.`.frour the -'members -of the -Planning The Chairman called Summary o£ the Weld ,County Planning Commission Meeting.;, May 19, 1987 Page 6 ,,Jack Holman wished :to go on record that his feeling is that even though there are few houses in the area, it is still pretty -open country. There is a salvage yard right next to the proposed feedlot and most of the surrounding area is open dryland farming. He does not feel an operation such as this, with today's technology and with the development standards as stated there should be much problem with a feedlot of this size. There are all kinds of ways things which appear to be detrimental can be mitigated by some of today's modern technology-. He has seen other sheep feedlots of this size that do not create a problem for any of the neighbors that are even closer -than some of these are. Also, since this is an -agriculturally zoned area -this is .what it should be used for. The: Chairman asked < the secretary to. poll ,the members of the Planning Commission for their decision.., Leak= Reid - no; Lynn Brown - yes; Lydia Dunbar - No,, simply because:she too has to agree with Jack. Where are we going to put our livestock?:, We have to go to the agricultural. areas and we certainly have a. lot of. :development- standards and :she feels these people should.be;able- to put a .feedlot -here. Louis :Rademacher --.no; Paulette Weaver ,,yes;- Jack Holman -_no. Motion is -denied with -two voting .for the motion _and four voting against.:.the motion. MOTION: Lydia Dunbar moved Case Number USR-791:87:16 for Gary Bragdon for a D -se by 'Special Review permit for a livestock confinement operation in the Agricultural zone district for a 20,000 -heady lamb feed -operation be forwarded to the Board. of County Commissioners with .,the Planning Commission's recommendation for approval based upon the recommendations, conditions., and development - -standards as :outlined by the Department of Planning Services staff ,and the testimony; heard by the members -of the Planning Commission. Motion seconded by Louis Rademacher.. The Chairman called for: discussion from the :members, of the Planning Commission- No additional discussion followed. The Chairman asked the secretary to poll the, members., of, the Planning Commission for their decision.::, Lo nrt,Reid yes;-Lynn;Brown no;, Lydia ._.Dunbar:- yes; r _ Louis. .iRademacher --:yes; Paulette Weaver - no; Jack Holman -'-'yes.`.: Motion carried. The' Chairman called a -break at 3:30 pets. The Chairman reconvened the meeting at 3:40 p.m. Summary of the Weld Couaty.Planning.Comminsion Meeting May 19, 1987 Page 7 CASE NUMBER: Amended USR-630:87:17 APPLICANT: Weld County Corporation REQUEST: Amendment to Use by Special Review permit 630:84:26 for an open pit mining pit on an additional 9 acres. LEGAL DESCRIPTION: Part of the NW} SW} NE} SW} SW} SW} .and SE} SW} of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately two miles north of Erie; north of Weld County Road 14, andeastof Weld County Road 1_ APPEARANCE: C.:. R. ..Taylor, proprietor, _reported this gravel operation has been in operation -since June, 1984. They _want /to continue this:for about five hundred_leet,runningnorth to south,.or.about-nine more .acres of land. There is no moremining left in the original.Use by Special Review permit. Lee Morrison discussed a water augmentation.plan and the State's position pending a decision by the Supreme Court. The Chairman called fordiscussionfrom the members of the audience. Les Williams, Secretary -Treasurer, District 6 Water .Users Association, stated they would like to enter into a voluntary augmentation•agreement plan with Mr.. Taylor. In _this plan, some water rights would be given to the Water Users Association. They are not against thin proposal they just want to protect the water rights of the users. Kim Lawrence, Attorney, Central Colorado Water Conservatory District, reported the District contains most of the major ditches between Denver and Greeley Hem.d -east of Greeley; Their .agreements include-.aLL _phases of operation and they try to -get a voluntary agreement. It cheaper for the gravel mining operations -to .build a_pond,shan to restore.the.property. Tape 283 He felt the development -standards needed to changed to: The applicant must apply for.a well permit and.come to an agreement with the water users or the applicant. -must apply_ for_ and receive a. well ..permit prior to starting operation, or the applicant shall apply to the -water court .and be, granted approval prior to .starting operation, The State. Engineer requires one or the other,,' This gives the applicant three options,(1);get sn:agreement mith the water, users association; (2) apply for a well permit; -or (3) appeal, to the water court. Summary of the Weld-County'Planning'Commission Meeting' May 19, 1987 Page 8 Lee Morrison asked if the group would be satisfied if `the applicant -got an agreement with the St. Vrain water 'IIsers Association? Les Williams stated they are more'-interested°in agreements being made than what district the water rights are. going to. AMENDMENT: Paulette Weaver moved Development Standard 44 be amended to read as follows: 4. The applicant shall seek an augmentation agreement with the appropriate water users and apply for and receive a well permit with the Division of Water Resources to `comply with 'CRS -37-90=137 `or thee -applicant shall apply for the well permit and- apply' to `the water court for a change in use'and plan of augmentation:` Motion seconded by Lynn'Brown. Lee Morrison stated the Planning Commission should allow the applicant to comment' on this. There is still a legal; dispute -at -this time so the standard may be inappropriate. Notice is sent to the State Engineer, Division of Water'Resources, as part of theapplication process. Mr. Lawrence reported if the Zigan Case IS decided for the operators, the 'operators would get to take their water rights back.. Mr. Taylor stated he wished he had known this was going to be brought up because he would have' brought his attorney with him. This is the old question about where does the water flow and who does it belong to. He has the water rights to sign over, but he will not do this until the Zigan Case is decided. He pumps. about 350 gallon -per minute into- Boulder Creek twenty-four hours a day, 365 days a year, weather permitting. What. the water users association is doing is trying to make him pay for evaporation before it happens. An operator cannot wait months or even years to start an operation. If the Zigan Case is decided against the operators, he will sign the'water rights over. He feels'the Planning Commission is -trying to out guess the Supreme Court and he does "not intend tolbe"the-fall guy: This has bees` on holdfor at least ,three years mow and hp. doesnot 'like seeing changes made'in the middle of -a stream: Les Williaame etatadIagreements "for augmentation 'can' be tailored to each individual rase.''` Summary of the Weld County Pianing:Commissien Meeting . May 19, 1987 Page 9 AMENDMENT: Paulette Weaver amended proposed Development Standard #4 to read as follows: 4. The applicant shall seek an augmentation agreement with the appropriate water users and'-apply-for-a'well-permit with the Division of Water Resources to comply with.CRSL37-90-137 or' the applicant shall apply for the well permit and apply to the water court for a change in use and plan ofdaugmentation. Motion secondedbyLynn Brown: The Chairman called for discussion from - the members of the Planning Commission. .Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion.carried-unanimously. Lee told Mr. Taylor that i£-he_has disagreements on the; agreement with the water users' this can be brought to the. Commissioners and he, can _question this standard: The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Taylor if he had reviewed_ the recommendation, conditions and development_ standards_ as outlined by the Department of Planning Services* staff. lie stated he had and they are what he: has, been operating under. MOTION: Louis Rademacher moved Amended Case Number IISR-630:87:17 for Weld County Corporation for an amendment to a Use by Special Review permit for an open -pit mining operation .on an additional nine acres be' forwarded to the Board of County' Commissioners:with the Planning Commission's recommendation for approval -based' -on the recommendations: and conditions_as outlined by the "Department 'of Planning. Services.' -staff,. the development- standards as outlined by ,the staff And amended by the Planning Commission, and the testimony heard by the members 'of -:the Planning:Commission. Motion seconded by Paulette Weaver. 'The —Chairman called called for .discussion fromthe, members' of tha Planning Commission. -Discussion followed.: Summary of the Weld County Planning Commission Meeting -;- May 19, 1987 Page 10 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Lydia Dunbar -- yes; Louis Rademacher - yea; --Paulette Weaver =.yes;'." Jack Holman - yes. Motion carried unanimously. Tape 283 - Side 2 The 'Chairman -called a -break at 4:55 p..m. Chairman at -5:05 p.m. The meeting was reconvened by the CASE SUMMER: USR-774:86:55 APPLICANT: Erie Road Joint Venture (Bob Marx) REQUEST: A Use by Special Review permit for auto salvage.. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North o£ Weld County Road 8, south of Weld. County Road 10, and west of I-25. The Chairman announced from the time the Planning Commission heard this: case the first time, and the time it went to the Board of County Commissioners, -there was a :change an the :amount of ,acres -.to -be Included. -in the Use by Special.Review area.- Therefore, the Board;of.County:Commissioners sent the request back to the Planning Commission to review again before any..action is taken. Bob Marx, managing Joint Venturer, reported this is the cheapest parcel of land between Erie and Cheyenne with close access onto I--25. This cannot be seen from I-25, but it can be seen from the I-25 overpass. It is in a geological hazard area, and ia.dryland farm ground. It is in the urban development area .for the• towns of Erie:and Dacono. Thereareseven other business in this immediate area. There are two property. owaers who can see this property and both are outside the five hundred foot surrounding - property notification area. The Town of Erie supports mobile homes, in this area, but the State Geological Survey says this is not a good development :area. Gerry McRae, P.E., MCRae.and- Short,. Inc., :reported he did the engineering and planning for this proposal.': The three-mile radius'.allowed by the State for a town ormunicipality'to comment onrwhat development transpires allows them some control on'twenty-eight-square-miles or -fifty -'acres, more -or less. The Chairman called -for -discussion from.the-members..of the -audience, Hank Epstein, Community Developer, Town of Erie, reported he is representing the Erie Planning -Commission: and the Boardof Trustees:. They are:trying to make the three mile radius they are allowed to comment on compatible with Weld, Boulder, and Adams County: These plans are not compatible with either Erie's or Weld County's Comprehensive -Plans. Also, when the application materials were reviewed, inconsistenties as to the size and type of- Summary of the Weld -County Planning Commission Meeting May 19, 1987 Page 11 operation appeared. The Town of Erie is trying to improve their image to be something other than a'place for salvage yards. They are willing to go to into litigation, if necessary; to enforce the urban development area defined in their comprehensive plan: George Ruff, surrounding property owner, is opposed to this request. Dewey'Norfleet, Colorado Department of Highways, stated that if this permit is approved-, one thing that should be set down is hoar high the -cars will be stacked. Also, they must apply to the State Highway Department for a permit if any of the operation can be seen from the highway. Some of the existing concerns in the area can -be seen from the highway, have not applied for permits, and are in violation of. the Interstate Highway laws. The -State Highway Department prefers that this type .of business be in an industrial area. The Erie Junk -Yard is -an exception because It was there prior to this act. - - Tape 284 - Side 1 Bob Meddles, surrounding property owner, spoke against this request John Cleland, idjacent'property owner, reported he currently farms the land that is contained in this request. The reasons the property is dryland is because Mr. Mars sold 'the water to him when he bought the land. He is currently farming this land as irrigated farmland using his own water. Ann Coufal, surrounding property owner, spoke in opposition to this request because of devaluations in land in the area. Bob Marx stated there are nine similar business in the area. They do not intend to have anything stacked up. This is a motor vehicle salvage yard and they need to be able to have access to parts. Also, stacking requires that some parts be dismantled prior to the vehicles being stacked. They want to run a motor vehicle salvage yard, not a wrecking yard. The Chairman asked'-Lane11 -Swanson to read the recommendationof .the Department of 'Planning Services staff - into the record. - The staff's recommendation is for denial. MOTION: Lynn Brown moved Case Number USR-774:86:55 for Erie Road Joint Venture (Bob Marx) for a Use by Special Review permit for an auto salvage yard be forwarded to the Board- of County Commissioners with the Planning Commission's recommendation for denial. There does not appear to be any substantial change in the arguments from the proposal from the first time we heard this request- except that the acreage has been decreased, but the issues of compatibility, the concern.of the neighbors, the; concern of the Summary of the Weld County Planning Commission Meeting,: May 19, 1987 Page 12, surrounding communities_ are still every bit as valid as they were the first time. She realizes that one of the issues that has come up is the existing unsightly usages of other businesses in the area. She does not feel that in this case, compounding:an existing problem is going: to help.She would encourage the state to do whatever it could in terms of the existing eyesores to see how we canhelpthe area_, but in .this case, itds not in the bee; _interest .of.the surrounding area, neighbors,. -or Weld County to grant this Use by_Special Review.- Motion seconded,by Paulette.Weaver, The Chairman calledfor discussion from the members o£ 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; Lydia Dunbar-- yes; Louis Rademacher - yes;Paulette Weaver - yes; Jack Holman - yes: Motion carried unanimously. The meeting_mas.adjourned at'b,15 p.m. STATE OF COLORADO BOARD OF !AND COMMISSIONERS 620 Centennial Building 7373 Sherman St, Denver, Colorado 80203 (303) 866-3454 May 26, 1987 County Clerk and Commissioners' Weld County P 0 Box; 758 Greeley, CO 80632 Gentlemen: WE2 CC«'iTP geOWNPIT n—nr n • L-1 WING r i+ MAY 2 9'198T; GRES..EY. COLO. Department of Natutal Resources ROWENA ROGERS TOMMY NEAT JOHN S. WAKE$ HI It is the policy of the State Board of Land Commissioners to notify the counties of pending action by this Board therein. Please note on the enclosed Notice of Oil and Gas Lease Auction that there are certain tracts being offered within your county_ The Board requests that you post this Notice on your bulletin board until the date of the auction, which is shown on the Notice, along with the time and place o£ the auction. Thank you. ANTHONY SABATIN I Administrator THOMAS E. BRETZ Minerals Director ROBERT HAPGOOD oepu„,,,,tster Bann -5 �'T STATE OF COLORADO Roy Romer, Govemor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE James B. Ruch, Director 6080 Broadway Denver, Colorado 80216 Telephone: (303) 291.1182 ROYALTY: TERM: RENTAL: OIL AND OILS LEASE AUCTION OFFER BY STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCE'S DIVISION OF WILDLIFE AT THE STATE LAND BOARD LEASE AUCTION JUNE 18, 1987 - 10:00 A.M. MINIMUM BONUS BID OF $5 PER NET MINERAL ACRE Township 1 South, Range 92 West, 6th Principal Meridian Garfield County, Colorado Section ID: NWa and NW4SW4 200 Acres DIVISION OF WILDLIFE OIL AND GAS LEASE QUALIFICATIONS SHUT-IN ROYALTY: DRILLING AND ACCESS: SURFACE RESTORATION: TITLE: LEASE DOCUMENT: REFERTO 1/6 (16.67%) of all gross sales 3 Years, Non-renewable $1.00 per acre for the first year, $2.00 per acre for the second year, if drilling is not commenced in the first year, $4.00 per acre for the third year, if drilling is not commenced in the first or second years. Rent applicable at the time of drilling holds for the life of the lease. $750 per year or double the rental rate being paid, whichever is larger, for any well shut-in for over 60 consecutive days. Any drilling and access upon the leased property must be done with adequate notification to, coordination with, and approval by the DIVISION OF WILDLIFE. Any drill site located on the leased property shall be screened from view with tree plantings. Upon completion of drilling, the site shall be revegetated and soils damaged by oil or drilling residues shall be cleaned up and hauled to a proper disposal site off of the leased property. A $5,000 surface restoration and personal property bond naming the DIVISION OF WILDLIFE as the insured, is required for each drill site. The Lessee must furnish the DIVISION OF WILDLIFE with a mineral interest title opinion of the leased property. Acceptance of the DIVISION OF wILCLJFE Oil and Gas Lease form. Bonus consideration and first year rental due and payable at date of sale. DIVISION OF WILDLIFE Real Estate Section Don Schoonover (303) 291-7457 DEPARTMENT OF NATURAL RESOURCES, Clyde O. Martz, Executive Director • WILDLIFE COMMISSION, Rebecca L Frank, Chairman George VanDenBerg, Vice Chairman • Robert L Freidenberger, Secretary • Eldon W, Cooper, Member • William R Hegberg, Member Dennis Luttrell, Member • Gene S. Peterson, Member • Larry M, Wright Member STATE OF COLORADO BOARD OF: LAND COMMISSIONERS 620 Centennial Building 1313 Sherman St, Denver, Colorado 80203 (303) 866-345a May 13, 1987 IMPORTANT NOTICE Department of Natural Resources f�'Coco V 41876 x Commissioners ROWENA ROGERS TOMMY NEAT JOHN S. WILKES 111 Because of the depressed state of the industry, the demand for oil and gas and mining leases on state land has declined drastically. Until conditions in the energy industry improve, the State Land Board will hold lease auctions on a quarterly basis rather than monthly, beginning with the state's new fiscal year (July 1, 1986). NEW AUCTION SCHEDULE FOR SECOND HALF OF 1987 Auction Date Deadline for Submitting Tract Requests September -17, 1987 July 15, 1987 December 17, 1987 October 15, 1987 The Land Board .regrets the necessity for this action, but with the demand for leases at such a low level the Board must consider reducing the cost of its operations. It should be emphasized that when economic conditions in the industry improve, and the demand for state leases along with. it, the Land Board will return to its historic practice of holding monthly auctions. - Document 2524D I ANTHONY SABATINI Administrator THOMAS E. BRETZ ROBERT HAPCOOD Minerals Director Deputy Register 620 Centennial Building 131:3 Sherman Street STATE BOARD OF LAND COMMISSIONERS OF THE STATE OF COLORADO Oil and Gas base Auction Thursday, Jame 18, 1987 10:00 AM 110 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Phone (303) 866-3454 NOTICE IS HEREBY GIVEN, That the State Board of Land Commissioners, by means o£ 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 Fora 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. - TRACE NO. ACRES SUBDIVISION SEC.TWP_RGE. COUNTY 1 640.00 All . . 2 ; 64,0.00 - All 640.00 All (Lowry Range) 427.37 Part of Tract 47, Res. of Described as: 0.53 ac. Lots 6,8 1.36 ac. Lots 5,7,9 425:48 -ac. lots 1 thru 10, 1.3,16 A11 of :Tract 31, Res. of Described as: 313.35 ac. Lots: 2,4, 6.-thru 12 103.09 ac. Lots 12,14,15 36 -2S -60W: 36 -4S -61W 16 -5S -64W Adams Arapahoe Arapahoe 16 -34S -41W Baca 9 -34S -41W 10 -34S -41W /5734S -41W 16 -35S -41W Baca 15 -35S -41W 16 -35S -41W Page 1 of 5 TRACT NO. ACRES 6 640.00 7 638.99 SUBDIVISION All of Tract 3/, Res. of Described as: 18.:15 ac. Lot 2- - 99.68 ac -,Lots 2,4,6,8 441:55 ac.-Lots:2:.thiu 9, - 12 thru 16,18,20,22 80-.62 ac:.. Lots 1,4,5,8 All of Tract 3.9, Res, of Describe as 102;31 ac.. Lots- 2,4,6,8 16.33 ac. Lot 2 , 73..19:ac. ,.Lots 1,4,5,21 449.16 ac., Lots 2.thru.9, 12 thru'16,18,20,22 8 640.00 All 9 320.00 E/2 10 480.00 N/2NE/4; W/2; S/2SE/4 11 280.00 ` W/ZNW/4; SW/4; SW/4SE/4 1-2 640.00 All 13 640.00 All 14 480.00- 640.0Q- -- 16- 640-.00 17 _ -640.00 18 240.00 E/21 SW/4, A1.1„ NE/.4;.,E/2NW/4 19 640.00 All 20 320.00 W/2 21 160_00 SE/4% 22 640.00 All _ 23 640.00 All 24 640.00 All Page 2 -of 5 SEC.TWP.RGE. COUNTY 16 -34S -45W Baca 8 -34S -45W 9 -34S -45W 16 -34S -45W 17 -34S -45W - 36 -34S -45W Baca _25 -34S -45W 26 -34S -45W 35' -34S -45W 36 -34S -45W 36 -25S -51W ; Bent 19 -20S -56W Crow 20 -20S -56W Grow 28 -20S -56W: Crow Crowley ley Crowley 16, -29S -65W Huerfano 16 -20S -44W Kiowa 23 -19S -47W Aiowa 16 -9S -43W- Kit Carson 36 -6S -45W " Alt.,Carson 36 -7S -45K Kit Carson 32 -8S -45W Kit Carson - 36 -8S -45W Kit Carson 27 -6S -48W Kit Carson 28 -6S -48W Kit Carson 16 -8S -48W Kit Carson 36 -8S -48W Kit Carson 16 -30S -64W Las Animas TRACT NO. " ACRES 25 640.00 SUBDIVISION All 26 315.94 Lots 1,2; S/ZNC/4; 5E/4 .'f E/2) 27'. > 640`:00 - All: 28 640.00. A1T` 29 640,00 All 30 640.00 31.' 640:00 32 320.00 33 320.00 34• 80.00 35 ` 640:00 36 353.55 37 640.00 38 38.49 39 40 N/2 " E/2NE/4 All Lots 5,6,9,11,12,13, 16,18,15 ALl Lot 20 640.00 All 640.00 All, Resurvey of Described as 66.16 ac. Lots 10,12,14 34.24 ac. Lots 10,12 184.00 ac. Lots 2 thru 5, 8,9,10,12 355.60 ac. ints 1,2,3, 6 thru 11,14,15,17 41 649.60 All, Resurvey of Described as: 123.04: ac. lots 8,10,; 12 thru 15- 55.44: ac. Lots 8,10,12,13 141.92 ac. Lots -"2 thru 5,8,9 329.20 ac. lots 1,2,3, 6 thin 9,11 13 Page 3 of 5 SEC.TWP-RGE. 36 -30S -64W 5-31S764W 16 -31S -64W ,- 36 -31S -64W = 36 -29S -65W,: 36 -6S -52W 36-75-52W 14 -10S -53W_ 22-10S-531.! 22-L1S34W 16 -11S -55W: 30 -9N -90W 16 -10N -90W 1 -11N -91W 36 -11N -91W 16 -4N -99W 9 -4N -99W 10 -4N -99W 15 -4N -99W 16 -4N -99W COUNTY las Animas...: las Animas Las. Animas las Animas Las: Animas Lincoln Lincoln 1.1ECOiri Lincoln Lincoln Lincoln Moffat Moffat Moffat Moffat Moffat 16 -4N -100W Moffat 9 -4N, -100W 10 -4N -100W 15 -4N -100W 16 -4N -100W TRACT NO. ACRES SUBDIVISION SEC.TWP.RGE. COUNTY 42 640.00 All, Resurvey of , 36 -4N -100W Moffat JPccribed as: 126.88 ac. Lots 2,4,6,8,9,10 25 -4N -100W 31734 ac. Lots 142,3, 6 thru 9,11,13 36 -4N -100W 56.35'ac.`Ints 10 thru 13 30 -4N -99W 138.43 ac. Lots 10 thru 13, 16,17 31 -4N -99W 43 211.00 E/2W/2; Lots 1,2 (W/2) 19 -38N -13W Montezuma 44 210.88 E/ 2W/2; Lots 1,2 (W/2) 31 -38N -13W 160.00 SW/4 32 -5N -56W 46 _ 640.00 All 47 640.00 All 48 640.00 All 49 640.00 AL1 50 640.00 All 51 640.00 All 52 640.00 Ali 53 640.00 All 54- 640:00 All 55 640.00 All 56 430:00 S/2N/2; S/2 57 80.00 N/2VW/4 58'- 160.00 SE/4 59 640.00 All 60' 160.00 SE/4 `- 61 160.00 SW/4 62 480.00 W/2; W4 63 640:00 All 45 Page 4 of 5 Montezuma 36 -4N -57W Morgan 36 -6N -57W Morgan 36 -24S -54W Otero 16-255-54W Otero 36-245-55W Otero- Otero 36 -23S -47W Prowers 24 -10N -47W Sedgwick 16 -3N -53W Washington 21 -;3N -53W Washington 36 -1S -53W Washington 4 -2N -54W Washington 16 -2N -54W Washington 33 -3N -54W Washington 16 -1S -54W Washington 36 -25S -55W TRACE NO. ACRES SUBDIVISION SEC.TWP.RGE. COUNTY 64 320.00 E/2. 16 -2S -54W Washington 65 520.00 N/2; SE/4SW/4; SE/4 16 -3S -55W Washington 66 640.00 All 13 -2N -61W Weld 67 320.00 S/2 16 -4N -61W Weld 68 640.00 All 16 -3N -62W Weld TOTAL ACRES OFFERED: 34,101.57 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.' 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 $1.50 for each additional 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 0063D Page 5 of 5 4)UBL1C UTILITIES COMMISMN MAILED MAY 27 1987 (Decision No NaitglPreangsqpiin BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF ) THE CITY OF EYANS AND THE CITY OF ) APPLICATION N0. 36939 GREELEY (AS CO -APPLICANT), STATE OF ) COLORADO FOR AUTHORITY TO WIDEN AND ) INTERIM ORDER OF REVISE THE SIGNALIZATION AT THE ) EXAMINER JOHN B. STUELPNAGEL CROSSING OF THE UNION PACIFIC RAIL- ) ROAD COMPANY'AND THIRTY-FIRST STREET) IN THE CITIES OF EYANS.AND -GREELEY, ); STATE OF COLORADO. ) WW2 9 1987 GR EELEY. COLA, May 27, 1987 STATEMENT On March 19, 1985, the City Council of the City of Evans and the City Council of the City of Greeley applied to the Public Utilities Commission for authority to revise any signal and current protection devices at the crossing,of the Union Pacific Railroad Company and 31st Street, which is located in the cities of Evans and Greeley; Colorado. On April 10, 1985, the Public Utilities Commission issued its notice of application filed to, all interested persons, firms, or corporations. By Order Setting'Hearing and Notice of Hearing, issued February 23, 1987, this matter was set for hearing on April 17, 1987, at 10:00 a.m., in the Evans City Hall Council Chambers, 3700 Golden Street, Evans, Colorado.. Hearing in this matter was vacated at request of Applicant and on April 21, 1987, a motion to vacate hearing on Application No. 36936 was filed with the Commission, wherein the City of Evans states that the parties have been negotiating a contract for signalization at the crossing of Union Pacific Railroad Company and 31st Street, in the city of Evans. Applicant states that 'the parties have reached a tentative agreement and when finally executed it would be received as a late filed exhibit. Hearing -in this matter -has been vacated -and upon -a filing of the agreement between parties`to this proceeding, this matter -should be placed on the modified procedure docket: `An appropriate order will be entered. Bd Met+. ^cif>, 6-I-3-7 ORDER THE EXAMINER ORDERS THAT: 1. Hearing in this matter set for April 17, 1987, has been vacated. - 2. Upon receipt of a written and executedagreement between the parties to this proceeding, -this -matter shall be considered under the Commission's modified procedure pursuant to `Rule -24 of the Rules of Practice and Procedure of this Commission and paragraph 40-6-109(5), C.R.S. 3: Applicant shall submit to the Staff of the Commission any required affidavits, data -or other information required -for review of -this application. 4. This Order shall be effective forthwith. (S.E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF ;COLORADO JOHN B. STUELPNAGEL CASE NUMBER ZPMR-1291 DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 5/15/87 through 5/22/87 Gleason Chuck Cunliffe, Director Department of -Planning, Services DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 5/22/87 through 5/29/87 CASE NUMBER RE -997 RE -1012 SE -308 SE -309 NAME Sandlin Ashenbrenner A.T. & T. A.T. & T, Chuck Cunliffe, Director Department o£ Planning Servic DEPARTMENT OF PLANNING SERVICES suspivisioN EXEMPTION ADMINISTRATIVE REVIEW Applicant: Pete Elder for A. T. & T. Case 4SE-308 Legal Description: Part of: the SW} of Section 18, T2N, R64W of the 6th P.M., Weld County, Colorado. Criteria Checklist Meets Criteria Yes X X No APPROVED NA 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan. 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. NA 3. In those instances when used pursuant to Section 9-3 B. - (2) of the Weld County Subdivision Regulations, the request is the best alternative to dispose of existing' improvements in conjunction with the companion Recorded Exemption. Subdivision Exemption is approved in accordance with information submitted in. the application and the policies of the County, The Department of Planning Services has determined through its review that the standards of _Section 9-3' E. of the Weld County Subdivision Regulationshavebeen meta )23 TO N H V! F+ N UT H CO Z� K o S N • H MI -.I m C C m to z rn o 13 a to \ H @ Z N ; ci m r-4 to H a th •• n I 0 tte tt z'• N® 0 r t7 n 0 1- 0 A O aN PL0108 870438 LEGAL DESCRIPTION A tract of land located in the Southwest quarter of Section 18, Township 2 North,Range 64 West, of the 6th P.M., of Weld County, Colorado, being more particularly described as follows: Considering the West line of the said Southwest quarter of Section 18 as bearing North 00°00'00" East and with all bearing contained herein relative thereto: Commencing at the Southwest corner of said Section 18; Thence along the said West line, North 00°00'00" East 656.18 feet to the Southwest corner of the North half of the South half of the said Southwest quarter: Thence along the South line of the said North half of the South half Southwest quarter, North 89°36'17" East 40.00 feet to the East right -of -way -Of Weld County Road No. 49 and to the TRUE POINT OP BEGINNING of this description: Thence along the said East right-of-way, North 00°00"00" East 50.00 feet; Thence North 89°36'17" East 80.00 feet; Thence South 00°00`00" West 50.00 feet to the said South line of the North half of the South half Southwest quarter; Thence along thesaid South line, South 89°36'17" West 80.00 feet to the Point of Beginning. .Said parcel containing 0.092 Acres, more or less. hl -.1. to co C CO to co c) y rn M � H d '$ N Q m rs -4 X 0 a+ » o' .Z N rh n 0 z 0 n a, 0 to < 870438 AR2SU}787 '' DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Pete Elder for A. .T. & T. Case #SE -309 Legal Description: Part o£ the NE} of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. Criteria Checklist Meets Criteria Yes X X No NA APPROVED 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan. 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to Section 9-3 B. (2) of the Weld County Subdivision Regulations, the request ,is the best alternative to dispose of existing improvements in conjunction with the companion RecordedExemption, Subdivision Exemption is approved in accordance with information submitted in the application and the policies. of .the County. The Department of Planning Services has, determined through its review that the standards of Section 9-3 E. of the Weld County Subdivision Regulations have been met. C rrent P er Date /987 �m r- r u< I..: a CJI CO m x7 n' k P S' N' Es" C. r� rid � CD o tH H P Z N O CO to J to Xr 0 RI — :o DO N' tti n O td v � a tr+ 0 C7 n 0 O • N PL0108 870437 LEGAL DESCRIPTION M 2 A tract of land located in the northeast quarter of Section 14, Township 4 F, •.. North, Range 66 West of the 6th P.M., Weld County, Colorado, being more ts p- particularly described as follows: .4(71 o CO Considering the North line of the said Northeast quarter as bearing North g 90°00'00" West, and with all bearings contained herein relative thereto: k o 0 To to Commencing at the Northeast corner o£ said Section 14: r 0 F.. Thence along said North line North 90°00'00" West 49.29 feet to a line so m which is 10.00 feet (measured atrightangles) westerly of and o -4 tsi parallel with the westerly line of an existing. Public Service 2 Company easement, said line being 10.00 feet westerly of and eto i rn parallel to the centerline of an existing overhead power line; trf--, Thence along said parallel line South 01°18'48" East 30.01 feet to the 2 N southerly right-of-way line of Weld County Road 46, and to the TRUE POINT OF BEGINNING of this description; t4 -I Thence continuing along the said parallel line South 01°18'48" East 55.00 feet; Thence North 90°00'00" West 70.00 feet; w• — Thence North 01°18'48" West 55.00 feet to the said southerly`toi right-of-way line of County Road 46; Thence along said right-of-way South 90"00'00" East 70.00 feet to the O true point of beginning. _ tuo: po,o Said parcel containing 0.088 acres, more or less. o c 4 d O N c• c no ON 870437 HEARING CERTIFICATION DOCKET N0. 87-22 RE: USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR 1,200 ANIMAL UNITS JACK DINIS A public hearing was conducted on May 27, 1987, at 2:00 F.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas 0. David Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Jack Dims for a Use by Special Review for a 1,200 animal unit livestock confinement operation. Tom David, County Attorney, made this matter of record. The favorable recommendation of the Planning Commission, which is subject to three Conditions and sixteen Development Standards, was read into the record by Lanell Swanson, representing the Planning Department. Chairman Lacy asked Wes Potter, of the Weld County Health Department, whether the applicant has provided sufficient information for review of this application. Mr. Potter responded that the applicant has stated he is not willing to do an in—depth engineering report, as required by the Conditions and Development Standards, without the request being approved. Pat McNear, of Scott Realty, came forward to represent the applicant. He stated that the applicant has provided sufficent information for approval of this request. He also stated that the applicant has no problem with the Development Standards recommended by the Planning Commission. Discussion was held regarding the provision that accesses will be onto Weld County Road 55, rather than State Highway 392. Mr. McNear also stated that the applicant intends to develop the area by stages and asked at what point he would have to be in compliance with the Development Standards, with the monitoring wells required by Development Standard #6 being the main concern. Mr. David said the Development Standards would have to be complied with when the number of animal units exceeds the number allowed on this parcel as a use by right. Mr. Potter stated that each confinement area must have sufficient lagoons to handle the runoff and monitoring wells would still be required. Betty Phinney, owner of surrounding land, asked questions concerning the proposed location of lagoons. Following further discussion, Commissioner Johnson moved to approve the Use by Special Review, subject to the Conditions and Development Standards recommended by the Planning Commission. The motion was seconded by Commissioner Brantner and carried unanimously. Page 2 CERTIFICATION: USR - DIMS This Certification was approved on the let day o£ June, 1987. APPROVED: BOARD OF CO COMMISSIONERS WELD COu,r4'_,i 0 ATTEST: Weld. County_ Clerk and Recorder and Clerk to the Board BY: �QAL!(0 C IY�91Q. bbbeputy'County er Eirb•, Pro - . Gene R. Brantner EXCUSED DATE OF APPROVAL JaJohnson /J1 NEARING CERTIFICATION DOGgET NO. 87 -23 - AMEND DSE BY SPECIAL REVIEW FOR OPEN -CDT MINING PIT - WELD COUNTY CORPORATION A public hearing was conducted on *Say 27, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene.Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Lentil Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request o£ Weld County Corporation to amend a Use by Special Review for an open -cut mining pit on an additional nine acres. Lee Morrison, Assistant County Attorney, made this matter of record. Lentil Swanson, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. She stated that this recommendation is subject to two conditions and 17 Development Standards. Timothy Beaton, Attorney representing the applicant, made his presentation to the Board. Mr. Beaton said he has concerns about Development Standard #4, which refers to the acquisition of water rights or an augmentation plan. He said if the corporation is forced to purchase water rights, it will not be able to continue doing business. Mr. Beaton said, In his opinion, Development Standard #4 is improper because the Colorado Supreme Court is currently considering the issue of whether gravel mining operations have water augmentation requirements. Mr. Beaton cited several water court cases which are presently pending. Jeff Kohn, Attorney representing District #6 of the Water User's Association, made his presentation on water resources. Mr. Kohn said the Association is not requesting that this proposal be denied, but is requesting that there be a replacement of evaporated water due to exposed water surface. Mr. Kohn answered questions concerning water augmentation. (Let the record reflect that Chairman Lacy has been excused from the remainder of this hearing and it is now being chaired by Chairman Pro-Tem Kirby.) Kim Lawrence, Attorney representing Central Colorado Water Conservancy District, made his presentation to the Board. Mr. Lawrence said he feels that Development Standard #4 should be retained and explained his reasons. Mr. Beaton and C.R. Taylor, proprietor of the corporation, made further comments. Mr. Taylor said the approval from the Mined Land Reclamation Board will become effective when approval is received from the Board of County Commissioners. Mr. Taylor added that he is willing to fill in the ponds after he is no longer mining them. Mr. Lawrence said if Mr. Taylor is willing to fill the ponds, Development Standard #4 is not necessary the way it is written. Richard Armatead, owner of the property, came forward to make comments to the Board. Following discussion, Commissioner Johnson moved to continue this hearing to June 3, at 2:00 p.m., to allow the Planning staff time in which to re -write Development Standard #4, including in her motion that the Board will then_ only ,hear testimony concerning the amended Development Standard #4. -The motion was seconded by Commissioner Brantner and carried unanimously. /21,621/7 870413 Page 2 RE: CERTIFICATION - WELD COUNTY CORPORATION This Certification was approved on the 1st day of June, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: et WELD CO II CY �O Weld County-.Cle k and Recorder and Clerk `to .the Board By: -�Ct m��1�a� Deputy County lerk C.T� Kirby, Pro -T Gene4R. °ran it EXCUSED DATE OF APPROVAL Ja HEARING CERTIFICATION DOCKET N0. 87-24 RE: USE BY SPECIAL REVIEW FOR A HOME BUSINESS, BEAUTY SHOP - EVA JEAN SHEETS A public hearing was conducted on May 27, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gems Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas O. David Planning Department representative, Laneil Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Eva Jean Sheets for a Use by Special Review for a beauty shop as a home business. Tom David, County Attorney, made this matter of record. Lanell Swanson, Planning Department representative, read the favorable recommendation o£ the Planning Commission, which is subject to three Conditions and eight Development Standards, into the record. Jean Sheets, the applicant, came forward to answer questions of the Board. She stated that she has no problems with any of the proposed Development Standards. No public testimony was offered concerning this request. Commissioner Johnson moved to approve the Uae by Special Review requested by Eva Jean Sheets, subject to tha Conditions and Development Standards recommended by the Planning,Commission. The motion was seconded by Commissioner Yamaguchi and carried unanimously. This Certification was approved on the 1st day of June, 1987. APPROVED: -LAA-4 f eri BOARD OF COUNTY COMMISSIONERS WELD COUNQY.ARADD Weld County Clerk and -Recorder and Clerk to the. Board' By: Deputy?Couaty ClArk DOCKET 187-24 PL0301 C.W� G e R. Brantner 870409 HEARING CERTIFICATION DOCKET NO. 87-25 SUBSTANTIAL CHANGE CONCERNING CHANGE OF ZONE APPLICATION - BARBARA JOHNSON - A public hearing was conducted on May 27, 1987, at 2:00 P.M., with the following present: 'Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas O. David Planning Departmunt representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated May 11, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider whether or not there has been substantial change concerning the application of Barbara Johnson for a Change of Zone. County Attorney Tom David made this matter of record, and Planning Department representative Lane11 Swanson read the favorable recommendation of the Planning Commission into the record. Vern Nelson, of Nelson Engineers, came forward to represent Ms. Johnson. He listed the following changes: the St. Vrain Sanitation District will be able to provide sewer services; the newly -adopted Comprehensive Plan designates this area as being mixed -use; and rezoning and other changes have occurred in this general area since the Change of Zone was reinstated on August 15, 1984. No public comment was offered concerning this request. Commissioner Brantner moved to find that there has been substantial change concerning -the request of Barbara Johnson for a Change of Zone. Seconded by Commissioner Kirby, the motion carried unanimously.' This Certification was approved on the 1st day of June, 1987. APPROVED: n-{=�� BOARD OF COUNTY COMMISSIONERS ATTEST:. E lam. 47Uthldflte ri WELD CO ll RADST i Weld County Clerk and Recorder and Clerk to the, Board'-- By:obti;) CAW eputq County C erk rby,ro-T !C�&Sat- ne R. Brantner EXCUSED DATE OF APPROVAL Jac al �Johnson Frank Yamaguchi 870410 HEARING CERTIFICATION DOCKET N0. 87-19 RE: USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR 20,000 HEAD OF SHEEP GARY BRAGDON A public hearing was conducted on May 27, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gone Brantner -Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas O. David Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated May 4, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Gary Bragdon for a Use by Special Review for a livestock confinement operation for 20,000 head of sheep. Tom David, County Attorney, made this matter of record. Lanell Swanson, Planning Department representative, read the favorable recommendation of the Planning Commission, which is subject to three Conditions and nineteen Development Standards, into the record. Attorney Bob Ray came forward to represent the applicant. He stated that there are already four feedlots and two dairies in this area. Gary Bragdon, the applicant, came forward to present information regarding his personal qualifications and the proposed operation. Responding to a question from Commissioner Johnson regarding Development Standard #8, Wes Potter, Health Department representative, explained the residential odor standards and stated that he feels those standards can be adhered to on this property. Those who came forward to comment concerning this request included: Glenn Billings, representing the present owners and the developer of the Golden Triangle area; (Tape Change p87-39) Vern Nelson, o£ Nelson Engineers; and James Long, president of Indianhead Homeowners Association. Lynn Hammond, Attorney representing Donald Leonard, submitted a letter from David Shupe, an engineer with Landmark Engineering, and asked Mr. Shupe questions concerning the impact this proposal would have on surrounding areas. Also speaking were: Ted Lind, a neighbor; Rebecca Safarik, of the Greeley Planning Department; (Let the record reflect that Bruce T. Barker, Assistant County Attorney, replaced Mr. David.) Alma Zeiler McKee, representing Zeiler Farms; Frank Platt, owner of a nearby dairy who spoke of the possibility of transmitted diseases; Eric Aas, a nearby resident; Garry Weinmeister, who presented a petition in opposition; Mike Connell, who spoke in favor of the application; Judy Hartshorn, a neighbor opposed to expected dust; Brad Weiler, who submitted letters from his parents and a former owner of the property; Tom Schmarge, who owns property in the area; and Dan Stroh, realtor representing the seller of this property. After a short break, Mr. Ray presented a short rebuttal, stating that this application is in compliance with the Weld County Zoning Ordinance. (Let the record reflect that Lee D. Morrison, Assistant County Attorney, has replaced Mr. Barker.) After discussion regarding drainage and odor, Commissioner Johnson moved to deny the request for a Use by Special Review, based upon the proposed future use of the neighborhood and the 870412 pLOn--7 Page 2 CERTIFICATION: USA — BRAGDON doubt that there is adequate provision for the protection of the health, safety and welfare of the neighborhood. The motion was seconded by Commissioner Yamaguchi. Commissioner Brantner said that he will vote for the motion. Chairman Lacy said he will vote against the motion and gave his reasons for doing -so. Commissioner Kirby reviewed the criteria for granting a Use by Special Review and stated that he will vote for the motion. (Tape Change #87-40) On a roll call vote, the motion to deny the Use by Special Review carried 4-1, with Chairman Lacy casting the dissenting vote. This Certification was approved on the 1st day of June, 1987. APPROVED: 7 BOARD OF COUNTY CONMISSIONERS ATTEST: Qp�,.�. 7UU WELD COUNTY, •� 0 _� Weld County. Cl xiC and Recorder and Clerk to the Board ' __- By:Q��i Deputy County.Clerk Kirby, ro-T Atif a Gene R. Brantner 870412 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 1, 1987 TAPE 487-40 ROLL CALL: MINUTES: 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, June 1, 1987, at the hour of 9:00 A.M. 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 Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson - Excused Commissioner Frank Yamaguchi - Arrived Later Also present: Assistant County Attorney, Bruce T. Barker Acting Clerk to the Board, Debbie Campbell Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of May 27, 1987, as printed. Commissioner Brantner seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Brantner moved to approve the Certifications for the hearings conducted on May 27, 1987, as follows: 1) USR, Dinia; 2) Amend USR, WC Corporation; 3) USR, Sheets; 4) Substantial Change in COZ Application, Johnson; and 5) USR, Bragdon. Commissioner Kirby seconded the motion and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Brantner moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Kirby, reporting on Engineering Services, said that approximately 298 miles of road have been graveled to -date, which is 852 of the 350 -mile goal for 1987 and approximately 4,063 tonsof crushed and pit run gravel have been hauled. The Prospect valley Gravel Bauling Contract is 94% complete. Be concluded his report by commenting on activities of the Mining; Maintenance; Maintenance -Support; and Bridge Divisions. Let the record reflect the Commissioner Yamaguchi is now present. Chairman Lacy commented that Commissioner Johnson is attending a Board of Equalization tax appeal saminar today, and Don Warden, Director of Finance and-AAministration, is at the Government Finance Officers Association Convention in Washington, D.C. this week. WARRANTS: - Diana Vasquez presented the following warrants for approval by the Board: General fund Social Services Handwritten warrants: General fund Payroll $167,028.12 380,513.00 1,500.00 1,265.77 Commissioner Brantner moved to approve the warrants as presented by Ms. Vasquez. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR 3.2% BEER LICENSE FROM EUGENE RUSSELL, DBA THE LITTLE STORE: Lt. Steve McGuirk, of the Sheriff's Office, said there have been no problems with the applicant or the establishment. Commissioner Brantner moved to approve the request from Eugene Russell, dba The Little Store, for the renewal of a 3.2% Beer License. The motion, seconded by Commissioner Kirby, carried unanimously. CONSIDER RESOLUTION RE: APPROVAL OF HOD SECTION VIII VOUCHER PROGRAM: Jim Sheehan, Housing Authority Director, explained that this is an application, being requested under Section 213(a) of the Housing and Community Development Act, for fifty housing vouchers in Weld County. Commissioner Kirby moved to approve the Resolution requesting fifty housing vouchers under the Section VIII Voucher Program. Commissioner Yamaguchi seconded the motion and it carried nnsntmously. CONSIDER REQUEST FROM YEN LIND, ON BEHALF OF BUTCHER BLOCK CATTLE COMPANY, TO PRE -ADVERTISE USR: Ken Lind, Attorney representing the applicant, came forward to explain this pre -advertisement, requesting that this matter be heard on June 24. Commissioner Kirby moved to grant the pre -advertisement request for a Use by Special Review from Ken Lind, acting on behalf of Butcher Block Cattle Company. Commissioner Brantner seconded the motion. The motion carried unanimously. CONSIDER 1987 MIGRANT HEAD START EXPANSION AND COST OF LIVING GRANT AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing Human Resources, said this is a modification to the 1987 Migrant Head Start Grant for the purpose of providing a cost of living increase to Migrant Head Start employees and other cost of living increases. Commissioner Kirby moved to approve the 1987 Migrant Head Start Expansion and Cost of Living Grant and authorize the Chairman to sign. Commissioner Brantner seconded the motion which carried by unanimous vote. Let the record reflect that Commissioner Kirby was not present during the next item of business. SECOND READING OF ORDINANCE #84-G, IN MATTER OF AMENDING ORDINANCE #84-F AND SETTING FEES FOR PERMITS ISSUED BY WC ENGINEER: Commissioner Brantner moved to have Ordinance #84-G read into the record by title only. Commissioner Yamaguchi seconded the motion and it carried unanimously. Bruce Barker, Assistant County Attorney, read into the record the title of Ordinance #84-0, In Matter of Amending Ordinance #84-F and Setting Fees for Permits Issued by Weld -County Engineer. There was no public comment received. Commissioner Yamaguchi moved to approve the second reading of Ordinance #84-G and -direct the Clerk to the -Board's Office to publish forthwith. Commissioner Brantner seconded the motion and it carried unanimously. Minutes - June 1, 1987 Page 2 CONSIDER RESOLUTIONS RE: TEMPORARY CLOSURE OF WCR 33 BETWEEN WCR 70 & 72: WCR 72 BETWEEN WCR 39 & 41; AND WCR 26 BETWEEN WCR 19 6 21}: Commissioner Brantner moved to approve these road closure Resolutions. Commissioner Kirby seconded the motion which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading o£ Ordinance #84-G, In Matter of Amending Ordinance #84-F and Setting Fees for Permits Issued by Weld County Engineer was approved. 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. ATTEST: Weld County Clerk and Recorder and Clerk to the Boa a Deputy County Clerk APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CO Go CnW. Kirby, Pro -T gakm tar Gene R. Brantner EXCUSED Jacggi:7 boson Prank Yamaguchi Minutes - June 1, 1987 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, June 3, 1987 Tape #87-40 & #87-41 ROLL CALL: Gordon E. Lacy, Chairman C.W. Kirby, Pro-Tem Gone R. Brantner Jacqueline Johnson Frank Yamaguchi MINUTES: Approval of minutes of June 1, 1987 (Commissioner Johnson excused) ADDITIONS TO AGENDA: Item #3 was deleted under New Business. APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Tom David, County Attorney ELECTED OFFICIALS: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: (Bette Rhoden) BUSINESS: OLD: 1) Present pavement rehabilitation, 2nd contract ---Road & Bridge 2) Approve design of :Bridge 15/448 - Road S- Bridge (cont. from 5/27/87) (cont. to 6/17/87) NEW: 1) Consider renewal request for 3.2% Beer License from John Martinez, dba Gill Recreation Center 2) Consider Purchase of Services Agreement between Human Resources and School District 6 and authorize Chairman to sign 3) Consider Amendment to Lease Agreement between Pierce United Methodist Church and Head Start and authorize Chairman to sign (deleted) 4) Consider request for installation of traffic control devices at intersection of Yellowstone Drive & Yosemite Street in Hill -N -Park Subdivision 5) Consider Resolution re: Cooperation Agreement with Greeley Urban Renewal and authorize Chairman to sign said Agreement PLANNING: 1) RE 81013 - Solomon CONSENT AGENDA APPOINTMENTS: Jun 8 - Work Session Jun 10 - BOARD MEETING CANCELLED Jun 11 - Area Agency on Aging Jun 12 - Placement Alternatives Commission Jun 12 - Community Corrections Advisory Board HEARINGS: Jun 3 - Show Cause Hearing, MS Corporation (cont. from 10/20/86) Jun 3 - Amend USR for an open -cut mining pit, WC Corporation (coat. from 5/27/87) Jun 3 - USR, Radio transmitter tower, Suckle Farms Jun 3 - USR, Agricultural service establishment in Agricultural Zone District, Hamilton Farms Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (S}SW}, 67-8-18) Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (N}N14, 67-8-18) Jun 24 - Creation of Local Improvement District #1987-1, Weld County Indisnhead Subdivision Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.N}SW}, 67-8-7) Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.N}NWi, 67-8-7) Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.S}NW}, 67-8-7) Jul 1 - Amendments to wC Building Code Ordinance Jul 1 - Amendments to WC Zoning Ordinance Jul 15 - COZ, A to PUD, Cecil W. King (coat. from 5/13/87) Jul 15 - USR, Commercial welding shop in Agricultural Zone District, Shawn C. Elworthy 1:30 FM 9:00 AM 10:30 AM 12:00 NOON 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 FM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM 2:00 PM REPORTS: 1) George Goodell, Road & Bridge Director, re: Road opening COMMUNICATIONS: 1) Board of Adjustment minutes of May 28, 1987 2) Nuclear Regulatory Commission re: Fort St. Vrain and IE Info. Notices #87-22 & #87-23 (available in Clerk to Board's Office) 3) Agriculture Council of WC re: Comprehensive Plan draft revisions 4) Certificate of Insurance - Panhandle Eastern Pipe Line Company 5) Dave Knowlton re: Airport operations south of Firestone 6) Oil & Gas Conservation - Notices of Hearings 7) City of Greeley re: Designation of Weld County as Bicentennial Community RESOLUTIONS: * 1) Approve request from Ken Lind, on behalf of Butcher Block Cattle Company, to'pre-advertise USR * 2) Approve retail Liquor Store License for Ronald Fahrenholtz, dba CJ's Liquors Signed at this meeting RESOLUTION RE: GRANT REQUEST OF KENNETH F. LIND, ON BEHALF OF BUTCHER BLOCK CATTLE COMPANY, TO PRE -ADVERTISE USE BY SPECIAL REVIEW WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Cht_cter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Kenneth F. Lind has submitted a letter, on behalf of, Butcher Block Cattle Company, requesting that a Use by Special Review application be pre -advertised to be heard on June 24, 1987, and WEEREAS, a copy of said letter of request is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to grant said request to pre -advertise this matter to be heard on June 24, 1987. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Kenneth F. Lind, on behalf of Butcher Block Cattle Company, to pre -advertise a Use by Special Review be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 1987. tiattant ATTEST: +'� -"' WELD COQ ,Y :LORADO Weld County Clerk and Recorder and Clerk to the .Boara APPROVED, AS TO FORM: Cl? County Attorney 7,6 ,0:2o7 ee: AS-- - y, Pr.-Tem gyamja Gene R r� B antner EXCUSED Frank Yamaguchi BOARD OF COUNTY COMMISSIONERS 870426 zite tut! vyTo-ty ic?S LIND, LAWRENCE & OTTE aTIORNE{s AT LAV/ THE LAW BUI DBCG 161E ELEVENTH AVENUE. - P. O. BOX 326 GREELEY, COLORADO 80632 GEORGE H. =INHOFE KENNETH F. FAID TOM R. IAWRPNCE: Clerk to the Board o£ County Commissionersof Weld County 915 Tenth Street Greeley, CO . 80631 Attention Mary Reiff Dear Ms. Reiff: May 26, 1987 aitAl(2 9'198! CsREELLY. ,1 t =mom MD 3511323 460) 3569160 Re: Request for Pre -Advertising Please accept this letter as a request for pre -advertising of a hearing concerning a land use application. A land use application, specifically a Use by Special Review, has been submitted to the Department of Planning Services and a hearing upon this Use by Special Review has been scheduled before the Planning Commission on June 16, 1987. It is our request to have a hearing before the Board of County Commissioners (assuming approval of the USR) for June 24, 1987. The USR application was presented on behalf of the Butcher Block Cattle Company and the Newhall Land and Farming Company of California. Basically, Newhall Land and Farming Company is involved in an agri-business being the sale and distribution of livestock feed which is a by-product of the Anheuser-Busch brewery presently under construction near Fort Collins. The contract for the sale and distribution of this animal feed was just recently awarded to Newhall by Anheuser-Busch which has resulted in significant time constraints for Newhall. Newhall is contemplating construction of a $250,000.00 office and truck maintenance facility in Weld County for the agri-business, and as the brewery will be producing the livestock feed by-products in late 1987 or early 1988, Newhall must have construction completed and be in full operational condition prior to production at the brewery. Therefore, the applicants reason for a request for the pre - advertising. is to have construction underway as soon as possible to meet -the brewery production timetable. Due to the nature of the construction of the office building and facility, time is critically important. Therefore, the: request for pre -advertising is based -upon the time -constraints of the construction and the necessity thereof. a!), ate. 4)4. o7.2,9 7 87342E Clerk, Board of County Commissioners May 26, 1987 Page 2 In accordance with the procedure for pre -advertising, this office is authorized to state that any and all costs associated with pre -advertising will be paid by the applicant. We would ask that this request for pre -advertisement be heard at the earliest available Commissioners* meeting. Thank you very much for your time and consideration in this matter. Very truly yours, LIND, LANECE&OTTENEOFF Kenneth F. Lind KFL/de pc: Newhall Land and Farming Company 870426 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR RETAIL LIQUOR STORE LICENSE ISSUED TO RONALD FAHRENHOLTZ, D/B/A CJ'S LIQUORS - EXPIRES AUGUST 15, 1988 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, has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Retail Liquor Store License for the sale of malt, vinous and spirituous liquors in sealed containers not for consumption on the premises, 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 State 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 87-7 to said applicant to sell malt, vinous and spirituous liquors in sealed containers not for consumption on 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 August 15, 1988, 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. ze6n2o se sD;444-‘e-itei- 870424 Page 2 RE: 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 18th day of May, A.D., 1987. ATTEST:0.444 (?.4,‘„,?fitan^A!'T/ Weld County Clerk and Recorder and Clerk to,the"Board �ntL0 e D:putyCounty_ erk APPRe ED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD CO TY ! ORAA •• Go C. Kir•y, Pro Tem Gene R. Brantner an 870424 101[ �:. '141,,\D. DEPARTMENT OF REVENUE I LIQUOR ENFORCEMENT DIVISION _ .-. STA7E.CAPJTOL.ANNEX . '''-1375 SHERMAN STREET _ --DENVER, COLORADO 80261 "FAHRIrNHOLTZ RONALD C JS LIQUORS 3907 •iwY 1i? "LONGmONI CO 30501 • r LIQUOR LICENSE LICENSE EXPIRES un mos warm wn u uronnr 1 ALL REFIRENCA I COURTS , nT. noun. TIN, 4MILm OATS .' TF►E NAME AND. DESCRIPTION OP LICENSE FEE " - CQG7JTY..:95 P,,ERC.caT i?.;.T_ce_ , 2I 2.53... M ! 5 JJG.. J::: TOTAL FEE011, THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 47, CRS 1973, AS AMENDED. - - THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS. IN WRITING TO THE DEPART- _ -, MENT OF REVENUE LIQUOR .ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, - 1375 SHERMAN STREET, DENVER, COLORADO 80261-:': _ IN TESTIMONY WHEREOF, SHAVE HEREUNTO SET MY HAND AND _ SEAL `1NAY271987. - - _ c� "sopL- DEPUTY DIRECTOR - - -.EXECUTIVE DIRECTOR _ t i //rr�t•'"r 1 Tlti /� � / i -\` �-yi r / z�r fax.. -;' .-.. z : ,` y aa`'` 4,15•3:-. 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Bu < 3,� o S10424 rt ..vti 794, ��t`t 4/:4! '�K DATE: May 18, 1987 SHERIFF'S OFFICE REPORT FOR SEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Ronald Fahrenholtz dba CJ's Liquors 3907 Highway 119 Longmont, CO 80501 TYPE OF LICENSE: Liquor Store License SHERIFF'S REPORT: Sheriff's Office has been .notified. LClOD ZU 870424 ."L'.,ALL-ft0:4L[3,CEN3k ENEWALSmustbersillaiedand.approved 11,Si*thelocald+oeSits*s* 545 PleasaMassivefirs -forma,Rf$tt9istrf TrtzWR LOCAL LICE4:114 i 13RtiY aam'•#4a?i45daysprioir:1 1, errirer2?itatror* - - 2.WHOLLER; t�tANUEAETURERS, tMPQR'YE9$OR .'enclPUBLiCTR*SPTATlONSYSTE ESAM LICENSE.RENENYALSare to: be.reukquil o the Cotct00,0, )apartment of Resit**. 137.0 Sherman St 'Denver, CO 80261, naiaier titeli 30 clivs PrJOr tO I)CCnSO exp-rtat it, y 1.c104 F4ENS-ING ALITH0FOY C0PY+ Mme....�. . 3. ^_ ausis lst r.._.,- LocArONr v -a,=wtrstillParxIWitir• ngORY at rdem(flcatwn fsb7 72f3"5----- a "nl."ya? cowrado seNar vaaouacTT- _ b: 1 tlaclert u+rderAanit7r otpariufY n the oleos dRee,04ii+ave rwd.t ia,0lc kiii-and �f1 amcrm«m•tlnt►te'as .40tiarowMre7:ittf, thenof iand?het:ai) maRer►taa IntomMyvt at forth ttanln,an tnla•Correct artd+,'e1tWFeta:w Ufa best of;mirkeotepar combeafmath and is prsemtMfopn-mN applp46131 Mold ell-ruNMMta tegliiWnf Dromulgtad; vlbteolorsoo Ltapartmentoaroppiakv, nnectfon therowntt:_ r AtL0EN6RA PARTNERS i+}bi IPS .EDIVORATFONS S1011i4i►E. YOUR -L.Ifii2ENT 1.:,IQUOR LICENSE EXPIRES AUus .tSt:i_3fl7 ' TOTAL ibY_ _ S 262.30 _ ,..�. MAKE CHECKS PAYASLE3T0 COLORADO DEPARTMENT OF REVENUE _--.. .. -;aIPQRT AHC APP110VAl.Oij'ThtB LOCAt;LICENSiHti"AtiTTtORITY Fpa - Veld County,_.�Co10.4 ,4 .. , . _ - . - , ,dips Tovrn- raciy.,„.I !(MMMte<turanJ WhOfaraNn imPOrten/nr—bric7�nfCOYtaYiert$yRahidWaapll.caSarstata• • cam ' Tha tOrepOina ipPlicat}"1"MtDMrteXEntl<ta6 ana tlla,pramyp,111Ut l aGO+MtlRW and Ghdrand, or tires w 2ttt a2:.:-: r- ' ' ' - a:: wa do neN •' :vgort shat saebHean ;tli an .WS.47if Mrpfont:7-'' utflmMlb a72M?--'-ornooQ aaa Y,M dalras: of WNDSt O sn�-....; Hhn pavnioro OtArHeta:tr rn�`. ��°w�a s, eramaneaa h � ... -: y.. -THEAEFOk6T44-.ApayeAT70N is it RE6YAP 13,:pv IHL .DAY OF Y ._-_ .-.+_.:. HJ,�._ - ._.. ORATOR U CO).1M1S81t!NERS OR O?HE OFt.7CEMS@q,f,UT+fOR RY) (OUREORRSZCREFAfFY OR(Yr Fla-•- • THE OFf{Ciak SEAL OF E C10ENSMO AUTHORITY tif. the a�emS 214.laaeted;,�Nil d1v4Oreiti-I±)tatwvaapprorktMu)QyWak .•.btriternaYu'and Nerk iftnace4nty,tharr-4Ythechair- ;: man of thabwfdof eoonty:commhsionesand the" , _. fCaf the baeYd tf by:ord�nance or otMmvee, the locst (Keningwtnoriry is some other r ofticla tbanAiithAPOrovel 0000 ba 9)wn bYsuch''aftkiat-) ' . . , F�58 - --- �Otte REVERSE'S -ME) 870424 My:oPeradotokk agar Do tau hate i!pe1_PONMeIon'of ihe/PPremWffor nMkhthis a nplkadon-forticense rnayj Are �Me arati:sawnad be ronted7"%j tie© if rant W, N.fact(re& y.�..-, "` -- sxpbatbn de4 of lean ' tha'soplkant: or any of the or rowre:or oHken aankboidgxordtra kOrsof sddappllam itteconorationt r been convicted of a crime? if inner h "yea; ninon Fry ev.detail, ib} inconeona lending aWetann or finandal a PPort co [h• pplkant; or the meaner; m'nployeee; arerbteri convicted Of cAmet'It amwer ie "yq; " explahrin;detail... - V�. Ftaitiie apppwnC or any of the partrwt. or officers, directors or a toakholWnWapplicatt.tlt a corporation); manepar; evVz� _ (el been danbd en slcoholi¢ beverage'kenss? ib).harkso.nninik baveragftlameMWpinyedotrork•11 , (c) ;•had intennih 101nthy that tndaa atiobotk bens ikenr a npendegar;naked2 - lianswer .$ ye!," explain ki Opts"- CAtpch'nimateahnt IFrrpisgry.) n enLorsoy;of,thapartnerEce officers,directors or stoekholdereotaddepoticsnt ttlf scaaporadon}tonn,direct , ... `ktiny 6Mw;OpToiido.LiWorirdn et incWd►ioanetoor from.inyAketuea,or-internalnaaranxo nIlanien2 .. exdaln: in darters .. T;r0 ldegdrytMPhirledhmeafinOrsiorationtwtwnoworw I,haw a kuncial.inntnat;ay. -. tithes byloans oragotty.9rvnesshiPhani baiegr . for wl!ieh tblelk:inr l nWuted: 8nee the mo es andatldnrwy *int.iM amou'nt and source of such fiwroial'Mnerest.expinrd-in dollars or :istitasiterniofglireSiwitarMauntora,lunihonorp4riOnNnalti : esnk, rel e stivnlrladry4amdawotmorssec}lJneaaefaarfreet N-rpsepearyr.; ' ATER$$1•:' • - n .11. Lilt the narnesand tddntsn of all liquor bwMepes In which any of:the parsons in -she previous question artmearielty intansterk o •r (Uaesspereteeheetlfneoewry.J' _ `. .. .. r o viorlS- tne epplkant;l.'awrpaetion,an+tvat;year `.Comoratloit:orlon ; •inni g»favn.Of. 'H) alkritoCkhOlOdrAVP mtirldeapryetonmera Pfeden•AUesaepirS neotrrr) ::Herne of'ttoeltEgldelc "-> 4..s t4Wete,Adebill;City andgna- - r � .. „ , ofelhDlreatots er"ftttasan "�of Corporation: Noma I z ru `a ter" j l 20 i I. } r or , '" W 8' O ti : Ey W W a- w ;< ` ,(ZF�.� p. E, e4 I J aim U a`�" 47 fFtlO Iv' n` , R'^ u G Q ' <‘- -6o c S'. U,F C> I I 4, 4 T �i� 4 OG W , LL 1 0 , 4u .°cam c (� 1--LIE." W O'Pla O .' 4, o Z V b v m C E3. No E, d I . P I ,o mK o �.r = ILL C 0 c¢ �o o `(-\) U N ,� N it; .1 O v - i.U. CG C.'r J 586t aunf'0QBf Iiikoj Sd � � 6 S : W i p En 6 ' a 4. t s r , y 1. ' f1 " r ` litt i.i =} t, ' - - " e n ,t,� , P. '`` i 4• ,g• A ' 4.1 y � i4444 .( '�{ .' ta,era - o-4 Z S k h? 'TPi�'k ' 9 W ' )5 n7 . 'i ND Sri r x •` -,gri' ,�n i , O W 4 4` iW 0.r • P: F • L a J fv 'v-,�� k, F. 4, W r B ,1. '#rrqzf '.ury,IF i , v, ft; v F N �2 .,�e t.•,,,,. 4 r .-V] co n r a '.c� � V co v 't rev,ptil 'if n� ' O .,.i.-8 Ty q� 9 :14 , . w C1 O U ,,YP ,.tl r /qR F. 4 C C-y cG r oov, o i . I- 0.-40 - ' . I ', 870424 TREASURER'S OFFICE, WELD COUNTY $3H2 Grq�ley`Colorado00-ina-S719-a _�. -o n s _ _ % ..f FOR. 'County General Fund 1010000. - '2"7 Q Health Department 119 0000 Human Resources 121 0000 Social Services 1120000 Housing Authority 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 �rg FRO `�'l FRANCIS M. LOsurer T � �rk j I TOTAL AMOUNT �� CO County Treasurer JOINT RESOLUTION RE: COOPERATION AGREEMENT - GREELEY URBAN RENEWAL AUTHORITY ' 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 o£ Weld County, Colorado, and WHEREAS, the Board of County Commissioners is responsible for determining the budget for Weld County and setting the mill levy for Weld County, and WHEREAS, the County Assessor is responsible for calculating a valuation for assessment for taxable properties within the Urban Renewal area, and WHEREAS, the County Treasurer is responsible for the collection and distribution of property taxes generated by property within the Greeley Urban Renewal area, and WHEREAS, there has been formed, pursuant to Colorado Urban Renewal law, the Greeley Urban Renewal -Authority which has formulated an Urban Renewal Plan for the Greeley Downtown Urban Renewal Project which provides for the division of property taxes with respect to the Downtown Greeley Urban Renewal Project area pursuant to Section 31-25-107(9), CRS, as amended, and WHEREAS, the Board, the Treasurer, and the Assessor have been presented with an Agreement which essentially states that all parties to the Agreement are to follow Colorado Urban Renewal law with respect to the division of property taxes generated within the Downtown Greeley Urban Renewal Project area, and WHEREAS, it appears that minor modifications may result during the review of the proposed Agreement by all the parties. IT IS HEREBY RESOLVED by the Board of County Commissioners, the Treasurer, and the Assessor that the Cooperation Agreement, dated as of May 15, 1987, by, and among the Greeley Urban Renewal Authority,Weld. County, through the Board of County -Commissioners, the Assessor, and the Treasurer, the Greeley General Improvement District No. 1 and Weld County School:' District No. 6, is hereby approved -in Substantially.the form as presented. cZ) b 6/00<OS j? 12: (07FS) . 870427 PAGE 2 RE: COOPERATION AGREEMENT - GREELEY URBAN RENEWAL AUTHORITY BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to sign on behalf of the Board of County Commissioners the submitted Cooperation Agreement or one in substantially the same form as that submitted. The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 1987. ATTEST:; Weld County Clerk and Recorder and Clerk;-to.the-Bo J APPR eputy County C TO FORM: ounty Attorney Francis 'M.,Lousta et_ Weld County Treasurer' Ri a~zd W. rne� Wei County Assessor BOARD OF COUNTY COMMISSIONERS WELD _ CO,. )s " COL O Gron E. La Y. airman C. R rb , Pro em Gene R. Brantner cqu,i ine a"1'`2 -Y A/ aguchi 870427 ‘.4„,t. mEMORAnDum 7o ROord of Cnnnty a mmtieninenra Date �iQ�RA�d From ➢ Warden subacr May 29. 1987 Cnnrerwrimt Agreement Greeley Urban Renewal Authority Lee Morrison asked me to give you my comments on the Joint Resolution RE: Cooperation Agreement - Greeley Drban Renewal Authority, since I will not be here Monday, June 1, 1987. I concur with Lea that this is the best way to satisfy Greeley's concerns. It basically says we will follow th in the division of property tax with respect to the Downtown Urban Reoewal Project area as it relates to redevelopment district tax -increment finjsacing. 5/28/87 COOPERATION AGREEMENT This Cooperation Agreement ("Agreement") dated as of May 15, 1987, is entered into by and among the Greeley Urban Renewal Authority (the "Authority"), Weld County (the "County"), the City of Greeley District No.. 1 ;,(,the, No. 6 (the "School herein collectively (the "City"), the Greeley General Improvement "District ".):;_:,aazdmein Countychoai:?zstrct District"), all in the State of Colorado, referred to as the Parties. 1. This Agreement is 'entered into pursuant to the Colorado Urban Renewal Law, part 1 of article 25 of title 31, C.R.S., as amended (the "Act"), and also pursuant to part 2 of article 1 of title 29, C.R.S., as amended. 2. The Parties understand and acknowledge that, pursuant to the Act, the Authority and the City have adopted and approved the Urban Renewal Plan for the Greeley Downtown Urban Renewal Project (the "Plan"), which provides for the division of property taxes with respect to the Downtown Greeley Urban Renewal Project Area (as described and defined in the Plan; herein the "Urban Renewal Area") pursuant to Section 31-25-197(9), C.R.S., as amended. The Parties further understand and acknowledge that said Section 31-25-107(9), C.R.S., as amended, generally provides that the portion,of the property taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to the effective date of the approval of the Plan, subject to certain adjustments as provided in the Act (the "Base Valuation") will be paid to the normal taxing bodies. That portion of said property taxes in excess of• such amount is to be paid to or for the account of the Authority and applied for the purpose of paying bonds or other obligations of the Authority or for other purposes authorized by ,the. Act. 3. .The Parties understand and acknowledge that, pursuant to the Act, the Authority intends to issue property tax increment bonds or other similar obligations (the "Bonds") for the purpose of paying certain outstanding bond anticipation notes of the Authority and possibly paying or reimbursing the City for costs o£ certain public improvements, funding a reserve fund for the Bonds, and paying othet ncidental" ana lssuance-'costs. 4. The Parties understand and acknowledge that on September 11, 1986, the County Assessor of the County has certified that the Base Valuation (with certain adjustments) is $7,044,350, and that the 1986 assessed valuation of the Urban Renewal Area is $7,044,350, thereby producing an increment of $0 for the year 1986.- The undersigned County Assessor hereby specifically confirms the foregoing certifications. 5. The Parties hereby agree that it is in the best interests of all of the Parties, -their citizens, inhabitants, and taxpayers, that there be certainty and predictability in the implementation of the Plan and in the financing transactions of the Authority; and in mutual consideration thereof each of the Parties hereby accepts and consents to the certifications of the County Assessor set forth in Section 4 above, and agrees that it will not contest or object to the 1986 Base Valuation, the 1986 assessed valuation, or the 1986 increment as set forth in Section.4 above, nor to the certifications of the County Assessor therein referred to. The Parties further understand and acknowledge that: (a) The Base Valuation will be subject to modification upon the identification of any omitted or erroneously included property, to the extent permitted by and in accordance with -2- ,applicable..provisions of the Act and other applicable provisions" of Colorado law. (b) In the event of a general reassessment of property within the Urban Renewal Area the respective portions of the valuation for assessment allocated to the Base Valuation and to the increment wi21 "be adjusted in accordance with applicable provisions of the Act and other applicable provisions of Colorado law. This Agreement does not restrict any rights the Parties may have to contest or object to the specific manner or outcome of modifications or adjustments described in (a) and (b) above. Other than as provided in (a) and (b) above, thePartiesdo not anticipate any modification of the Base -Valuation as set forth in Section 4"hereof. 7. The undersigned County Assessor hereby agrees that the office of the .County Assessor will adhere to applicable provisions of the Act and other applicable provisions of Colorado law with respect to the assessment and valuation of taxable property within the Urban Renewal Area, and will cooperate, within the -scope of applicable provisions of the Act and other applicable provisions of Colorado law, with the Authority and its officers, with other officers of the County, and with the trustee for the Bonds in the implementation of the tax increment financing provisions of the Plan and applicable tax increment - financing provisions of the Act. S. The undersigned County Treasurer hereby agrees that the office of the County -Treasurer will adhere to applicable.' provisions of the Act and other applicable provisions, of Colorado law with respect to the collection -of property taxes- within the Urban -Renewal Area, and will pursue all procedures and remedies legally available in`order to collect -property taxes derived' from -3- the Urban Renewal Area. All taxes collected within the Urban Renewal Area which the Authority is entitled to receive pursuant to applicable provisions of the Act and the Plan shall be distributed to the trustee for the Bonds, for the account of the Authority (or, if the Bonds have not been issued, or if there is no trustee for the Bonds, to the Authority), on the tenth day of each uotth for a I taxes -and peiral°ty : nturest-colIeected-:during the immediately preceding month. Concurrently with each such distribution, the office of the County Treasurer will submit to the Authority a statement showing the amount of all taxes collected during such period. The undersigned County Treasurer and his office will cooperate, within the scope of applicable provisions of the Act and other applicable provisions of Colorado law, with the Authority and its officers, with other officers of the County, and with the trustee for the Bonds in the implementation of the tax increment financing provisions of the Plan and applicable provisions of the Act. 9. The Parties understand and acknowledge that the Authority will rely on this Agreement in issuing the Bonds, and that the owners of the Bonds will rely on this Agreement in purchasing the Bonds. 10. This Agreement shall be effective as of May 15, 1987 and shall continue in effect until December 31, 2007 (i.e., the end of the fiscal year following the termination of the tax increment financing provisions of the Plan pursuant to Section 31-25-107(9), C.R.S., as amended). 11. Each of the Parties represents and warrants that the execution and delivery of'this Agreement by he -undersigned officers has been duly authorized by its governing body. -4- 12. This Agreement may be executed in- several' counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have set their > Ilandflad. steals_mas :of' .May 154.1,9,67„ (SEAL) Attest: GREELEY URBAN RENEWAL AUTHORITY Secretary Of -the Board of Chairman of the Board of Commissioners Commissioners 1 (SEAL)_ Attest: County,Clerk� J /S79�< a eputy County lerk WELD.COUNTY, COLORADO L/ Ca..q- County Commiss ers O Co my Assessor t A______, County Treasuier -5- (SEAL) GREELEY GENERAL IMPROVEMENT DISTRICT NO. 1 (SEAL) CITY OF GREELEY, COLORADO Attest: City Attorney ,Approvedasto substance: City Manager. Attest: Secretary President (SEAL) WELD COUNTY SCHOOL DISTRICT NO. -6 - Attest: Secretary President -6- 'Ors% COLORADO mEmoRAIMunn To Gordon Lacy. Chairman omt June 1 1987 Board of County Commissioners / �;gj� From -Walt Speckman, Executive Director, Human Resources {�{j' subject. Purchase of Services Agreement with School District #6 Enclosed for Board approval is a Purchase of Services Agreement between School District #6 and the Weld County Division of Human Resources' Employment Services. This project was initiated by the Weld County Private Industry Council, and the Weld County Private .Industry Council recommends the approval of this Agreement by the Board. Under the Agreement, Employment Services is providing $42,000 to School District 06 .to purchate:a computerized educational :system, which is titled, UNISYS ICON. School District #6 will provide a dollar-for- doliar match. This system will be located at Heath dr.: High School to establish a microcomputer laboratory that has sixteen (16) work stations. The system expands competency -based programs for adults and youth in the areas of math and reading. School District #6 will use the system with School District #6 students as well as Employment Services clients. School District #b will not charge Employment. Services for the cost of instruction. Also, School District #6 has agreed to providetechnical assistance with Employment Services and rural, schools to purchase computerized competency -based sYstems for rural students. The term of this Agreement is indefinite, but the period to fund the purchase of equipment; begins May 27, 1987, and ends October 30, 1987. If you have any questions,'please feel 'free to teiephonerme at 353-0540. auI\ 0 tv 8 Hgo to-- 870436 Jade" 2; 199$7, 111140RANDta TO clerk toc the -floe FR 3udy 6riego RE ""Servites:Agreemen₹ ith School, bfstrict-#6 Enclosed are three (3) copies. of the a9reemeat bei w ' Human Resources and SchooiDistrict_,i6:" Thls.can be filed under Employment " Services of geld County School istrtcf ti6 Please return :pio:(2) copies once they. have been. signed Zf you.have .any questions, please telephone me 8'70436 PURCHASE OF SERVICES AGREEMENT BETWEEN WELD SCHOOL DISTRICT 6 AND EMPLOYMENT SERVICES OF WELD COUNTY This Agreement, made and entered into this 27th day of May, 1987, by and between the Board of County Commissioners oneld County, Colorado, by and through the Weld County Division of Human Resources' Employment Services, hereinafter referred as "Employment Services," and Weld County School District 6, hereinafter referred to as "School District 6". WITNESSETH: WHEREAS, Employment Services offers employment and training ser- vices to unemployed, underemployed, and economically disadvantaged youth and adults of Weld County, and WHEREAS, Employment Services wishes to expand its competency program efforts through a computerized system on behalf of Welfare Diversion youth and adult participants, youth who are participating in the In -School Program, youth who are participating in the Summer Youth Employment and Training Program, and other adults who are participating in the Dislocated Worker Program and related programs, and WHEREAS, Employment Services receives funding and authority from the Job Training Partnership Act to purchase a computerized system in order to increase math, reading, and related competency, and WHEREAS, School District 6 has the expertise to determine the most beneficial computerized competency system to use within the School District 6 as well as a system that is most compatible for rural school districts to use; the qualified instructors to teach a computerized, competency curriculum; and the facilities for a computerized competency system, and WHEREAS, School District 6 has the expertise to assist Weld County rural school districts in the development of a computerized competency system that meets the needs of the rural school districts, is compatible with School District 6, and meets the goals of Employment Services. NOW THEREFORE, in:consideration-of premises, the parties hereto — convent and agree as follows: 1. Term This Agreement shall remain in effect indefinitely and is subject to the availability of funding. The Agreement will be reviewed annually or as needed by both parties and is subject to the provisions of paragraph 10 herein. a. The term for funding by Employment Services to School District 6 and rural school districts shall be for a period ending October 30, 1987, and subject to the provisions of paragraph 2 herein. 8'70436 PURCHASE OF SERVICES.AGREEMENT BETWEEN WELD SCHOOL DISTRICT 6 AND EMPLOYMENT SERVICES OF WELD COUNTY Page 2 b. The term for services to be provided by School District 6 to Employment Services participants shall remain in effect indefinitely and subject to the provisions of paragraph 4 herein. 2. Equipment Employment Services agrees to provide funds totalling $42,000 for a period ending October 30, 1987, to purchase equipment on behalf of School District 6 as described in Attachment A. School District 6 agrees to purchase and maintain insurance for the equipment. Employment Services shall retain all property rights to said equipment as described in Attachment A. School District 6 agrees to identify the type of equipment needed by School District 6. School District 6 shall bill Employment Services and Employment Services agrees to pay for the cost of equipment as described in Attachment A. School District 6 agrees to provide inventory documentation pursuant to procedures and forms described by, Employment Services by June 30th of each year and beginning June 30, 1987. The equipment shall be located at a School District 6 site as described below: Heath Junior High School 2223 16th Street Greeley, Colorado 80631 School District 6 assures that the location of the building will be accessible to all clients including the handicapped. School District 6'agrees to provide technical assistance for Employment Services and rural school districts to plan and identify the types of equipment needed for rural school districts. Employment Services shall provide funds totalling $8,000 for a period ending October 30, 1987, to purchase equipment on behalf of rural school districts. Employment Services agrees to enter into individual agreements with rural school districts concerning the use of equipment and types of services to be provided by each rural school district on behalf of Employment Services. participants. 3. In -Kind Match School District 6 agrees to provide a dollar -for -dollar in -kind match to Employment Services in accordance with policies and procedures provided by Employment Services. The in -kind match 8'70436 PURCHASE OF SERVICES'A6REEMENT BETWEEN WELD SCHOOLDISTRICT 6 AND EMPLOYMENT SERVICES OF WELD COUNTY Page 3 shall equal $42,000. School District 6 agrees to provide the specific forms provided by Employment Services for billing and in -kind documentation. For each billing received by Employment Services, it is preferred that an equivalent in -kind match be provided. All in -kind match totalling $42,000 and its appropriate documentation must be provided and received by Employment Services no later than October 30, 1987. 4. School District 6 Responsibilities The following roles and responsibilities shall be assigned to School District 6 in the implementation of this agreement. a. Provide technical assistance and identify the types of equipment to be purchased on behalf of School District 6. b. Maintain list of equipment for inventory purposes. c. Provide trained personnel to do pre -testing, instruction, tutoring, and post -testing of each student and Employment Services participant. d. Provide technical assistance with Employment Services and rural school districts to identify the types of equipment to be purchased on behalf of rural school districts. e. Provide or develop appropriate curriculum for the computerized competency based system supported by the equipment purchased on behalf of School District 6. f. School District 6 shall provide daily instructional services to a class of Employment Services clients with a maximum of 15 clients in each class at no cost to be served each week during the school year for School District 6 from 3:00 p.m. to 5:00 p.m. 5. Employment Services Responsibilities a. Provide initial funding of $42,000 for purchase of equipment for a computerized competency -based system on behalf of School District 6 under the provisions of Paragraph -3 herein. b. Identify clients for services under the provisions of Paragraph 4, Item f, herein. 6 Modification of Agreement All modifications to'this Agreement shall be in writing an signed by both parties. 8'70436 PURCHASE OF SERVICES AGREEMENT BETWEEN WELD SCHOOL DISTRICT'6 AND EMPLOYMENT SERVICES OF WELD COUNTY Page 4 7. Assignment This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. School District 6 may not assign any; of its rights or obligations hereunder without the prior written consent of Employment Services. 8. Applicable Law School District 6 agrees, as long as they don't conflict with district policies and procedures, to follow policies and procedures of Employment Services as construed in accordance with Job Training Partnership Act, Weld County Home Rule Charter, Welfare Diversion regulations, and other; applicable laws and regulations for the following: a. In -Kind b. Inventory c. Computerized competency systems d. Monitoring and evaluation of program and participants 9. Assurances a. School District 6 agrees that it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of the Agreement. b. 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 School District 6, or its employees, volunteers, or agents while performing School District 6's duties as described in this Agreement. School District 6 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 School District 6, its employees, volunteers, and agents. School District 6 agrees to provide and maintain insurance for equipment purchased through this Agreement. School District 6 shall provide worker's compensation insurance for all employees of School District 6 engaged in the performance of this Agreement, as required by the Colorado Worker's Compensation Act. c. No officer, member, or employee of Weld County and no member of 'their governing bodies shall have any peccniary.interest, direct or indirect, in the approved Agreement -or the proceeds' thereof. 8'70436 PURCHASE OF SERVICES AGREEMENT BETWEEN WELD SCHOOL DISTRICT'6 AND EMPLOYMENT SERVICES OF WELD COUNTY Page 5 d. School District 6 understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Employment Services and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. e. School District 6 assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved agreement. 10. Termination This Agreement may beterminatedat any time by either party given thirty (30) day written notice and is subject to the availability of funding. 11. Entire Agreement This Agreement, together will all attachments hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 6 herein. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. THE BOARD OF COUNTY COMMISSIONERS OF WELD C%UN,. COLORAQ0 Kenneth Nicke on,;. airmam Weld -Count ivate .Industry Council SCHOOL DISTRICT -6 ---�� ATTEST: ! r I4 u}v "a '+. pec man, ecu ve Weld County erk and Recorder Diror, Weld County Division and Clerk to the- rd of man Resources 8'70436 PURCHASE OF SERVICES AGREEMENT BETWEEN WELD SCHOOL DISTRICT -6 AND EMPLOYMENT SERVICES OF WELD COUNTY Equipment, Description School District 6: Title: UNISYS ICONEducationalSystem Units: Sixteen station microcomputer lab Description: Sixteen workstations at $1,795 extended cost $28,720 One file server at $9,000 -Autoskills software at $3,500 Page 6 Attachment A $42,000 8'70.436 PURCHASE OF SERVICES AGREEMENT BETWEEN WELD SCHOOL DISTRICT 6 AND EMPLOYMENT SERVICES OF WELD COUNTY <In -Kind Match Description Matching Fund Sources (1) Electrical Preparation (2) Handicapped Accessible Preparation (3) Lab Attendant Salary Ca months) (4) Staff evaluation and preparation 209 hrs. Tim Waters (Superintendent) 2 hrs. Jim Elliott (Asst. Superintendent) 10 hrs. Paul Bisel (Director Facilities) 1 hr. Mel Foxhoven (Director Finance) 1 hr. Ernie Andrade (Heath Principal) 150 hrs. -3 hrs./day 5 days/week September- -October Gary Steward (Data Processing) 25 hrs. Virginia Fagg {Alternative Ed. Coord.) 25 hrs. 5 Heath Teachers in review_and.evaluation of proposed package 10 hrs. Total Page 7 Attachment B Amounts $ 2,000 $ 3,000 $ 1,000 $41,800 $47,800 I certify that the above mentioned sources of match are available and can be used to comply with the Employment Services provisions for match as construed for requirements of the Job Training Partnership Act. 8'70436 WELD COUNTY, COLORAD PAYROLL FUND CLAIMS PAGE 1 WARRANT N0. 12901 61441 THE CLERK OF THE DISTRICT COURT 200.00 12902 61442 CLERK OF THE DISTRICT COURT 175.00 12903 61443 THE CLERK OF THE DISTRICT COURT 160.00 12904 61447 NWNL GENERAL INSURANCE CO. 4,607.69 1290.5 61448 GREAT WEST UNIVERSAL LIFE 1,411.96 12906 63082 PUBLIC EMPLOYEES RETIREMENT ASSOC-MUN DIN/ 12,075.81 12907 63083 PEAK HEALTH PLAN LTD 1,080.84 12908 63084 PUBLIC EMPLOYEES RETIREMENT ASN—STATE DIb 749.92 P.O. & V0. N0. VENDOR AMOUNT State of Colorado County of Weld TOTAL This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through and dated JUNE 3rd , 198 7 and that payments should be made to the respective vendors in the amounts set opposite theiF names with the total .amount $ ' Dated this 3rd day of JUNE , 1987 . Weld County Finance Officer Subscribeitand. sworn to before me this .2ja4ay of JUNE , 198 7 ITY comniSlbtexpires• My COMMiSSIOn • State of :Colorado ;j- 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 $, Car WARRANT N0. 12909 63085 RELIANCE STANDARD LIFE 6,431-52 12910 54585 INTERNAL REVENUE SERVICE 322-89 12911 64587 INTERNAL REVENUE SERVICE 598-89 12912 64617 HARTFORD A & I CO 11,354.44 12913 64618 WELD COUNTY COURT 1,058-46 12914 64622 THE HARTFORD DENVER TECH CENTER 880-53 12915 64589: WELD COUNTY REVOLVING FUND 208-08 MAN. CHFCKC 47A rim} 1P-M2Y.91 P.O. & VO. N0. WELD COUNTY, COLORAD PAYROLL FUND CLAIMS ENDOR PAGE 2 AMOUNT State of Colorado ) SS TOTAL County of Weld ) This is to certify that all accounting and budgeting procedures -have been completed on the above listed claims as shown m Pages 1 through and dated JUNE 3rd , 198 7 and that -payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ Dated this 3rd day of JUNE 1987 . We County Finance Officer Subscribetr_14nd sworn to before me this 3rd day of JUNE My'comms4on'_expiresz Fxn,resrwT(s7rno netY cA.Ar:S.i • State of Caloridb County of Weld ) SS � � o ry Public , 198 7 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 C as Meme emer WELD COUNTY, COLORAD PAYROLL FUND CLAIMS PAGE WARRANT N0. 12916 12917 - 64588 63090 UNITED, WAY OF WELD COUNTY COLORADO DEPARTMENT OF REVENUE 622.00 45,377-23 12918 12919 63089 63088 UNITED BANK OF GREELEY UNITED BANK Of GREELEY 761.44 329,473.0h P.O. & V0. N0. VENDOR AMOUNT State of Colorado ) 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 3 and dated JUNE 3rd 198 7 and that payments should be made to the respective vein o^rs in the.amounts set opposite their names with the total amount $ 429,624.67 Dated this 3rd day of JUNE TOTAL 429,624.67 ss , 198 7 . We County Finarfc'e Officer Subscribethand sworn to before me this 3rd day of JUNE My" comeisYo_rr::expires: vat , - MY cm-enigmaGwi.� J - State of Cal.orado:-) 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 42',624-67 0 ATTEST: County C erk and Recor Chair Member em r R`�iopa�" THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI MONTHLY LL TOTAL ON JtiNE 3:' T9 87 . STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLL'IW ON 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 or THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS; TOTAL WARRANTS OAP SS 1 CLAIMS ADC ADC -U IV -D OAP AND IRA AB GA MID. TRANS. ADM SERVICES CHILD WELFARE PAC DC LEAP SUBTOTAL SUBTOTAL GRAND TOTAL AMOUNT $ 280.00 OAP SS $ 280.00- $ 280.00 DATED THIS 3rd ".DAY OF -June , 1987 SUBSCRIBED-AND,SWORN TO BEFORE ME THIS G aOe.,/ DF FI NANCE AND ADMINISTRATION 44,4_,../4 NOTARY.PUBLIC MY COMMISST0N, E2tCP1EE. Wir Commission £zches lure 8, 1990 STATE OF'COLORADO- COUNTY OF WELD Stine , 1987 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; • • • • • • • • .111 .. 0.. Cr.. r. N 0.0 D i 2a 4CS 1.. CI "4 a, tO.1r r e c < fa IT c2 N ..1 0 \11 CO 06 `.. 1 co •-• O r• •4 Yom . ' - 1T N r ;• CO 0 :.1 Inc? tr- fn ail .0. 0 .D N W _I AR7 ,,\...1 II 1 1I 1 N 1 11 I H ) N I qN p 1. N • . .� p. 1 H N 11 I 8 1 N µ 1. N. { N I H a ,-, 1 a I at H 1 N • I 11 1 H N O 1. N-41 r µ -1 H 1 N 1 N 1 It iv n ot- N av I N N I N / N 1 N 1 N V A et Re a.• N 1 H 1 11 1 N 1 N .. N w1f µ W i1 W tlµ 11 prei r N 11 N.-01 Nr j1. µN N W 1 Ir aqi 1 V N p 1. 0 .N en t W tl s t� .M �f I r vl H .O 'p i I N N • 1. • N •. • N • 1 ♦ N • 1 • • N • p -,;al:, NOl-O HN N :.NP 1 0` 11Y 1 ob ut N-0 N WT Ito. 4P NOI.0 114310 NO/O-,N.p.tW1.. NN, a 1.. N / •. 1:. 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F i'r. a N CD 4." t O;mr W:Ww r vU.0-4 tu:r rl rWe':rr V_-4aio's*-1 .•O' w O' T:N N r0,47.-.41•3 N N'P- i^' m=171 O tntn-0-.0000.0 to on OOOO4 u1:W Vs :+ Z =j net + ft4 '• z s • m J c < • •0 iw • •• • • •• • • • • • • •• • •=• • C ►.a Z0"I � G D • mp •zm c1'a b .1" X 71 b 0 0 VI O 1%. or 5 onnunicatioos fait nee To COLORADO mEMORAn®UM Clerk to the Board May 29, 1987 Dee r /VN From Board Agenda item - Road Opening Subject: George Goodell, Director of Road and Bridge Weld County Road 33 between CR 70 and 72 was opened to traffic on May 29, 1987. The road was closed May 26,_1987 for repair of the bridge wall on Bridge 33170A. Weld County Dispatch,; Sheriff's office and School District were -notified. 56 in 1 (L- 3— a7 MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING - May 28, 1987 A regular meeting of the Weld County Board of Adjustment was held on Thursday, May 28, 1987, at 1:35 p.m. tm the County.Commissioners' Hearing Room, 915 Tenth Street, Room 101, Greeley, Colorado. The meeting was called to order.by the chairmanaul Allen: -_ - Tape 49 Side 1 ROLL CALL James Adams Rhonda Giles Greg Brown Jerry`Riefer Dennis-Gesterling db'Sorenson Donald'Meson Shirley Rein. - `Paul Allen ASSOCIATE MEMBERS: Bud Halldorson Judy Nelson Ed -Dolan Absent Called in - Absent Called,in Present - Present - - Present Present Absent Called`. in Present Present - Present Absent - Appeared, but a quorum was present:.. Present Also present: Lanell Swanson, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good -Secretary_ A quorum was The Chairman full board. members must be continued present. informed the applicants that nine -members present constitute a Seven members constitute a quorum. For a motion to pass six vote'for the motion.'- If'the applicant wishes, the meeting may to allow the request to be heard by a full board. The applicant wished to continue with the hearing. CASE NUMBER: BOA- 923:$7:7 APPLICANT: Don Brazelton REQUEST: Variance to waive the public sewer requirement in the R-1 (Low Density Residential) zone district. _ LEGAL DESCRIPTION: Part of the NE} of:Section 32, T6N, -R65W of the 6th P.M., Weld County, Colorado. LOCATION: On the west=side'-of North-lst.Avenue; approximately'.25 miles south of Weld•County Road 64. _ P d rAT tJi'�- Minutes of the Weld; County Board o£ Adjustment May 28, 1987 Page 2;, The Chairman asked Lanell Swanson to read the-request;,of the applicant into the record. APPEARANCE: Don Brazelton, property owner and applicant, reported they are wanting to subdivide this land intosix2 acre lots, more or less, and are, asking that they be allowed to use individual septic systems on these lots - Lee Morrison explained if -,the -subdivision is approved this request is for six individual septic systems,, If the request for a subdivision -is denied, the request is for one septic system on a thirteen acre lot. Be asked the members of the Board of Adjustment to refer to the, City, ief - Greeley`s referral letter. County law- dictates that if a city sewer line were in place and an existing septic tank needed to be repaired, the property would be required to connect to the city sewer. Lanell Swanson reported if this request is approved, applicant to apply for a subdivision request. Shirley Rein reported she had done an inspection. a corn field. The properties: -in this area are on small request would be ,compatible with the area. they expect the This is currently acreages and this The Chairman called:foridiscussion from:the;members-of--the audience. There was none, The Chairman asked Lanell Swanson to read the recommendation of the Department '!of Planning Services.';staff into -the _record. The 'Chairman .asked -.the applicant if he agreed, with -the by the Planning staff.. Be stated he bad no objections. MOTION: conditions set forth Jerry Kiefer moved case number BOA -923:87:.7 -for Don Brazeltoa,for a variance to waive the public sewer requirement in-the.R-1 .(Low Density Residential) zone district -;be, approved based on.the:recommendation of theinepartmentof Planning -Services .ataff.and the testimony heard by the,.members of the Board of:Adjustment-- Motion.seconded by Dennis Gesterling. -The'-Chairman: called for" discussion from: -the members of the Board of Adjustment.- No further discussion followed.. Minutes o£ the Weld County Board of Adjustment May 28, .1987 Page 3 The Chairman asked the secretary to poll the members of the Board of Adjustment for their decision. Bob Sorenson - yes; Gregory Brown - yes; Jerry Kiefer - yes; Dennis Gesterling - yes; Ed Dolan - yes; Bud Haildorson - yes; Shirley Rein - yes; Paul Allen - yes. Motion carried unanimously_ The.Chairmanannounced the variance granted. The Chairman announced the next meeting of the Board o£ Adjustment will be held on June -25, 1987. 'ADDITIONAL BUSINESS: The Board of Adjustment discussed changing the meeting times back to 3:30 p.m. MOTION: Ed Dolan moved the Board of Adjustment change the time of their meetings from 1:30 p.m. to 3:30 p.m, with the meetings remaining on the second and fourth Thursday's of each month. Motion seconded by Shirley Rein. The Chairman called for discussion from the members of the Board of Adjustment. Discussion followed. The Chairman asked the members of the Board of Adjustment for their decision. Motion carried with five- voting for the motion, two voting against the motion, and one member abstaining.' The meeting was adjourned at 1:55 p.m. Respectfully submitted, botir12-sa. c�aoa Bobbie - Good Secretary BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY APPEAL' Case No. BOA -923:87:7 May 28, 1987 APPEAL OF. Don,Brazelton Address: 1630 3?kt Avenue, Greeley, CO 80631 Moved by resolution be that the following p the Weld County Board of Adjustment: Be it r6dolved by the. Weld County Board of Adjustment that" the appeal of Don: Brazeltou for a variance -to waive the public sewer requirement in the R-1 (Low Density Residential) zone district on -.thecfollowing'described property:-:'Part'of--the NE} of Section' 32, T6N, R65Wrof the 6th"_P:M.; Weld County, Colorado. be granted O for the following reasons: Based upon the submitted application materials and other relevant information regarding this request, the Board of Adjustment approves this request. It is the Board of Adjustment's opinion that this requested relief is not detrimental to the public good or contrary to the purpose and intent of the Weld County Zoning Ordinance and the R-1 zone district. This determination is based, in part, upon the following: - The variance requested is the minimum variance possible for making reasonable use o£ the property. The granting of the variance will be in harmony with the purpose and intent of this ordinance, and will not be injurious to the public health, safety or welfare of the surrounding land uses; - The surrounding properties in the R-1 (low density residential) zone district are presently served by individual septic systems; - The Weld County Health Department has no objections to this request; Motion seconded by, B0A:923S7:7 Don Brazelton Page 2 - The City of Greeley Planning Department has responded that its Policy 3.3.3 permits acceptable service when municipal service is not intended prior to development. They strongly encourage. the provision of individual sewer systems for each lot. - The lack of public sewer to the property did not result solely from the actions of the appellant. The City of Greeley Water and Sewer Department -has indicated in a letter dated May 4, 1987; that city sewer service is currently -not -available to the.area; and The Department o£ Planning Services' staff has received.some'inquiries about this request, but no objections to` he variance'request. The Board of Adjustment's approval is conditional upon the following: I. A Weld County septic permit shall be required for each proposed home.' The septic system shall be installed according to the Weld County Individaul SewageDisposal-Regulations. 0 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O. G 20555 May 20, 1987 Mr. R. O. Wi]ams, Jr. .Vice President, Nuclear.Operations Public Servite Company of Colorado Post Office Box 840 Denver, Colorado 80201-0840 yy{..�ff� �� R4 J vi8_; C .> Dear Mr. Williams: SUBJECT: FORT ST_ VRAIN NUCLEAR GENERATING STATION, AMENDMENT NO. TO FACILITY OPERATING LICENSE N0. DPR-34 (TAC N0. 53029) 54 The Commission has issued the enclosed Amendment No. 54 to Facility Operating License No. DPR-34 for the Fort St. Vrain Nuclear Generating Station. This amendment consists of changes to the Technical Specifications (TS) in response to your application dated September 24, 1985 (P-86549) and the additional information provided in your letter dated March 25, 1987 (P-87120). _ This amendment modifies the surveillance requirements for the Standby Diesel Generators. A copy of the Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next Biweekly Federal Register notice. Sincerely, LAD � Kenneth L. Heitner, Project Manager Project Directorate - IV - Division of Reactor Projects - III, '11/, V and Special Projects. Enclosures I. Amendment No. 54 to OPR-34' 2.- Safety. Evaluation cc w/enclosures: See next page "??0-5-8.7 Mr. R. 0..Williams Williams Public Service Company of Colorado cc: Mr. D. -W. Warembourg, Manager Nuclear Engineering Division Public Service Company of Colorado P. 0. Box 840 Denver; Colorado 80201 Mr. David Alberstein, 14/159A GA Technologies, Inc. Post Office Box 85608 San Diego, California 92138 Mr. H. C. Breyt Manager Nuclear Licensing and Fuel Division Public Service Company of Colorado P. 0: Box 840 Denver, Colorado 80201 Senior Resident Inspector U.S: Nuclear•Regulatory Commission P. O.Box 840 Platteville, Colorado 80651 Kelley, Stansfield & O'Donnell Public Service Company Building Room 900 550 .5th Street Denver, Colorado '80202 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, Colorado80631: Regional Representative Radiation Programs Environmental Protection Agency 1 Denver -Place 999 18thStreet,`Snite:1300 Denver,,Colorado;80202=2413 Fort St. Vrain Albert J. Hazle, Director Radiation Control Division Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Mr. R. O. Williams, Acting Manager Nuclear Production Division Public Service Company of Colorado 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. P. F. Tomlinson, Manager Quality Assurance Division Public Service Company of Colorado 16805 Weld County"Road 19-1/2 Platteville, Colorado 80651 Mr. R. F. Walker Public Service Company of Colorado Post Office Box 840 Denver, Colorado 80201-0840 Commitment Control Program Coordinator Public Service Company of Colorado 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 • UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, 0. C. 20555 PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 FORT ST. VRAIN NUCLEAR GENERATING STATION AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 54 License No. DPR-34 1. The Nuclear Regulatory Commission (the Commission) has found that: A. The application for amendment by Public Service Company of Colorado (the licensee) dated September 24, 1986 as supple- mented by letter dated March 25, 1987, complies the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; • B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance: (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations -and all applicable :requirements havebeensatisfied. 2 2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.D(2) of Facility Operating License No. DPR-34 is hereby amended to read as follows: (2) Technical Specifications The Technical Specifications contained in Appendices A and Et, as revised through Amendment No. 54 , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications. 3. This license amendment is effective as of the date of its issuance. FOR THE NUCLEAR REGULATORY COMMISSION '6rt Jose A. Catvo, Director Pro4ect Directorate - IV Division of -Reactor PrO4ects - III, IV, V and -Secial Projects Officeof Nuclear Reactor Regulation ecla-P d e— Attachment: Changes; to the Technical Specifications Date of Issuance: May 20, 1987 ATTACHMENT TO LICENSE AMENDMENT NO. 54 TO FACILITY OPERATING LICENSE NO. DPR-34 DOCKET NO. 50-267 Replace the following pages of the Appendix A Technical Specifications with the attached pages as indicated. The revised pages are identified by amendment number and contain vertical lines indicating ,the areas of change. fort St. Vrain'fl Technical Specincations Amendment no. Page 5.6-1 5.6 EMERGENCY DOWER SYSTEMS - SURVEILLANCE REQUIREMENTS Applicability Applies to the surveillance of the equipment supplying electrical power to the essential plant services. - Ob ettive To establish the minimum frequency and type of surveillance for equipment supplying electric power to the plant auxiliaries to ensure that the motive power sources required to safely shut down the plant are available. Specification SR 5.6.1 - Standby Diesel Generator Surveillance The surveillance of the standby diesel generators shall be as follows: a) Each standby generator set will be started and loaded to at least 50X of rated full load capacity once per week. The test shall continue for at least two hours to enable the engine(%) and the generator to attain their normal operating temperatures. b) A loss of outside source of power and turbine trip shall be simulated to demonstrate that the standby generators and automatic controls are operable. This Surveillance Requirement shall be performed at least once per 6 months with a .maximum allowable extension of 2 months per surveillance interval -such that the maximum combined time interval for 3 consecutive surveillance intervals shall not exceed ,20 months. The diesel engine protection functions shall be calibrated annually. The :diesel engine exhaust temperature 'shutdown' "declutch"shall` be functionally tested monthly calibrated annually. . e Fort St. Vrain 01 Technical Speciftptions Amendment No. is, 54 Page 5.6-2 A loss of outside source of power and turbine trip shall be simulated at least once per refueling cycle, not to exceed eighteen (18) months, to demonstrate that the standby generators, automatic controls and load sequencers are operable. This surveillance may be performed in lieu of SR S.6.l.b above. Basis for Specification SR 5.6.1 The purpose of the weekly test of the standby diesel generator is to exercise the engine by operating at design temperature and to demonstrate operating capability. These tests will allow for detection of deterioration and failure of equipment. The purpose of the loss of outside source of power and turbine trip test (SR 5.6.1.b), performed twice annually is to verify that the standby generator(s) are capable of starting automatically upon a simulated loss of outside power and turbine trip. SR 5.6.1.e, performed at refueling intervals, verifies the same features as SR 5.6.1.b but, additionally, verifies that the load sequencers automatically pick up required loads in the. event of a loss of voltage on the a80V essential buses. Specification SR 5.6.2 - Station Battery Surveillance The surveillance of the station and PPS batteries shall be as follows: a) The specific gravity and voltage of the pilot cell and temperature of adjacent cells and overall battery voltage shall be measured every week. b) The specific gravity and voltage to the nearest 0.01 volt, temperature of every fifth cell and height of electrolyte shall be measured every three months. • c) The station and PPS batteries shall be load -tested to partial discharge once a year during plant shutdown. Basis for Specification SR 5.6.2 The type of battery surveillance called for in this specification has been demonstrated through experience to provide a reliable indication of a battery cell initial breakdown well before it becomes unserviceable. Since batteries will deteriorate with time, these periodic tests will avoid preclpitious failure. The manufacturer's recommendation for equalizing charge is vital to maintenance of the ampere -hour capacity of the battery. As a check upon the effectiveness of this charge, each battery will be load tested to determine its ampere -hour capacity. In addition, its voltage shall be -.monitored- as a function of time. If a,cell has deteriorated or if a connection is loose, the voltage under load will drop excessively. indicating -need `for replacement or maintenance: UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20665 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION SUPPORTING AMENDMENT N0. 54 TO FACILITY OPERATING LICENSE NO. OPR-34 PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50-267 1.0 INTRODUCTION By letter dated September 24, 1986 (Reference 1), Public Service Company of Colorado (PSC) requested a change to the technical speci- fications for the Fort St. Vrain Nuclear Generating Station. The change involves surveillance requirements for the emergency diesel generators (EDGs). The proposed changes remove load shedding and load sequencing from the semi-annual test and include it into the tests that are performed during the refueling outage. Some minor rewording for clarification is also included in this change. 2.0 EVALUATION The objective of surveillance of the EDGs is to verify design capa- bility of the onsite ac pcarer system to perform its safety function. At Fort St. Vrain, the EDGs are tested weekly, monthly, semi-annually, and during the refueling outage. The proposed changes are in the semi-annual test and the test during the refueling outage. Presently, the semi-annual test (minimum and maximum interval between the tests is four months and eight months, respectively) is conducted by simulating a turbine trip and loss of offsite power to demonstrate that the EDGs, their automatic controls, and the associated load sequencers are operable. During power operation of the plant, starting an EDG automatically on a simulated loss of offsite power does not induce any transient or perturbation in the Class lE electric distribution system. However, the verification of the operability of the load sequencer causes separation of emergency buses from the offsite power source, load shed, and restarting of the loads on the onsite EDG power source. This may induce severe disturbance in the Class lE electric distribution_ system, affecting normally operating equipment, and may cause the unit to trip. During Plant operation, PSC believes that deliberately induced upsets should be minimized. Additionally, minimizing plant trip and restart enhances overall plant reliability and decreases challenges to the i -2 - safety systems. To avoid this potential risk, the licensee has pro- posed to remove verification of load sequencer operability from the semi-annual test schedule to once per refueling cycle, not to exceed 18 months. The licensee's proposal also includes conducting a once per refueling cycle test in lieu of the scheduled semi-annual test. The staff finds it acceptable on the basis that the semi-annual test on the EDGs demonstrates the operability of the EDGs and its automatic controls, which is included in the once per refueling cycle test. By removing the load sequencer operability test from six months to once per operating cycle, the EDG's full load testing shall also be once per refueling cycle. This is less conservative because the semi-annual test will no longer verify the capacity and capability of the EDGs for the full load operation. "General Design Criteria," GDC 18 of Appendix A to 10 CFR 50 requires periodic testing of the operability of a protective system as a whole and, under conditions as close to design as practical. In response to the staff's concerns, the licensee stated in Reference 2 that the EDGs are loaded to at least 1200 kW for a period of 2 hours in the once per week test. The Technical Specification (Section 5.6.1.a) requires the EDGs to be loaded at least 50% of their rated full load capacity (1210 kW) in the once per, week test. However, the PSC's written surveillance procedure puts 1200 kW on each EDG in this weekly test. Additionally, PSC has sub- mitted, as a draft, a complete revision of the Fort St. Vrain Techni- cal Specifications which follows the standard Technical Specification format and will include full load testing of the EDGs during plant operation. In the interim, until the proposed draft Technical Speci- fication is approved by the NRC (expected approval time is about l year), the PSC surveillance procedure for full load testing of the EDGs on a weekly basis is acceptable. The resident inspector's verifi- cation of the licensees EDG weekly test procedure is deemed sufficient during the interim period. The proposed change also includes increasing minimum allowable inter- val between the semi-annual test schedule from four months to six months. The maximum allowable interval between the semi-annual tests will remain to be eight months. However, the maximum combined time interval for three consecutive semi-annual tests shall not exceed 20 months. This is more conservative than the present allowance of maximum of 24 months as combined time interval for three consecutive semi-annually test on the EDGs. The staff finds this change to be conservative and, therefore, acceptable. 3.0 ENVIRONMENTAL CONSIDERATION The amendment involves a change in the installation .or use of a facil- ity component located within the restricted area as defined in 10 CFR Part 20 The:staff has determined that the amendment involves no -3 - significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite and that there is no significant increase in individual or cumulative occupational radiat`.on exposure. The Commission has previously issued a proposed finding that this amendment involves no significant hazards considera- tion and there has been no public comment on such finding. Accordingly, this amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR §51.22(c)(9). Pursuant to 10 CFR §51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment. 4.0 CONCLUSION We have concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, and (2) such activities will be conducted in compliance with the Commission's regulations and the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public: 5.0 REFERENCES PSCletter, R. September 24, PSC letter, H. 1987. Dated: May 20, 1982 Principal Contributor: Williams, Jr. to NRC, H.N. Berkow, dated' 1986: L. Bray to NRC, H.R. Berkow dated March 25, I. Ahmed UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, D.C. 20555 May -22, 1987 SSINS No.: 5835 �y LIN�n�8y7�--2,21 c p �7+,m Girl 'r SURCit 1987 1' NRC INFORMATION NOTICE NO. 87-22 OPERATOR LICENSING REQUALIFICATION EXAMINATIONS AT NONPOWER REACTORS Addressees: All research and'nonpower reactor facilities. Purpose: The purpose of this information notice is to inform recipients of practices involving the requalification examinations for renewal of reactor operator and senior reactor operator licenses, that have been found to be contrary to existing NRC requirements. It is expected that recipients will review this information for applicability to their operator requalification programs and consider action as appropriate to preclude similar practices at -their facili- ties. However, suggestions contained in this notice do not constitute NP.C`.' requirements; therefore, no specific action or written response is required. Description of Circumstances: NRC recently identified three nonpower reactor licensees who make a practice of giving take-home or on -shift requalification examinations. Generic Letter 83-17, issued on April 8, 1983, addressed the use of take-home and on -shift examinations as a means of determining an applicant's individual performance as part of the requalification program. This generic letter was issued as a result of an investigation into a case of cheating, in which of individual had submit- ted another person's work in response to some examination questions. The generic letter states, "In particular, unproctored examination(s), take-home Quizzes and on -shift tests allow ample opportunity for cheating which could go undetected and, therefore, are.not an acceptable means for certifying indivi- dual performance." (See Attachment 1..) Discussion: The integrity of the requalification examination is essential because it is used to certify that the operator's performance is adequate to warrant renewal of his or her license. As a result of the recent discovery of inadequate examination practices, the NPC initiated detailed reviews of examination practices at -the three facilities. Processing of license renewal requests from these facilities were held in abeyance pending the completion of these reviews. 8705180155 '$dr"-r -3 -.a..? IN 87-22 May 22, 1987 Page 2 of 2 No specific action or written _response is required„by this information notice. If you have questions about this matter, please contact the Regional Adminis- trator of the appropriate NRC regional -office or this office. Charles. Ross, irector Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contacts: Donald Kirkpatrick, NRR (301) 492-8166- Tony-Mendiola, NRR (301) 4S219695 Attachments: 1. .Generic Letter 83.17 2. List of -Recently Issued Information Notices Attachment l April lc 3981: TO ALL POWER AND NON -POWER -REACTOR LICENSEES, APPLICANTS FOR AN OPERATING ' LICENSE AND HOLDERS OF'A CONSTRUCTION PERMIT Gentlemen: Subject: Integrity of the Requalification Examinations for Renewal of Reactor Operator and Senior Reactor Operator Licenses (Generic Letter 83-17) Recently, an investigation was completed which determined that a senior offi- cial at a nuclear power ',hintcertifiedto the NRC that a licensed individual had successfully completed the licensed operator requalification program, when in fact, that individual had cheated by submitting another person's work in response to some examination questions. Such an individual has not successfully completed the requalification program and has not discharged his licensed responsibility in a safe and competent manner, as required by 10 CFR 55. Furthermore, it should be noted that cheating on examinations which are used to certify individuals to the NRC will result in an automatic denial of a license application or license renewal and could result in more severe penalties. The purpose of this letter is to highlight the need for you to ensure that the validity of the certifications required by 1D CFR Part 55 and the integrity and honesty of the requalification program are adequately addressed in facility procedures. You should review your procedures on this subject to ensure that an applicant's individual performance can be determined. Your procedures should include provisions to detect and prevent instances of cheating. In particular, unproctored examination, take-home quizzes and on -shift tests allow ample opportunity for cheating which could go undetected and, therefore, are not an acceptable means for certifying individual performance. While some portions of examinations may be conducted in an open -book format (e.g. use of steam tables on thermodynamics problems or use of facility procedures and drawings during oral examinations), adequate monitoring provisions are essential to ensure that the persons being evaluated are working independently and are using only authorized instructional or reference materials. No submittals of procedures or results of your procedure reviews are required by -this letter; however, we will review these procedures as a part of our audits of the licensed reactor operator and senior reactor operator requalifi- cation program;_ Original signed by Darrell G. Eisenhut:, Director Division of Licensing Attacheent 2 IN 87-22 Pey 22, 1987 LIST OF RECENTLY ISSUED INFORMATION NOTICES lir Information Date of Notice Lg. SUI11St IMAM* !Clued to 87-21 Shutdown Order. Issued lechase S/11/87 All nuclear power Licensed Operator Asleep fec111ttes holdtnd While on Duty an OL or end all _ licensed operators. 87-20 MYdmgeo Leak to Auxiliary 4/20/87 All nuclear Dower (Wilding facilities holding en OL or CP 86-108 Degradation of Reactor 4/20/87 All pmt facilities Sup. 1 Coolent System pressure holding an OL or CP. loundary Resulting from Boric Acid Corrosion.... 86-6a Deficiencies In Upgrade 4/20/87 All'mrtlear poser Sup. 1 Programs for Plant - facilities holding Emergency. Operstlg a CP or OL; Proteduryt. 85-61 Mtsedetntitrattons to - 4/15/87 - All licensees ' Sup.. 1 Patients-lhWrgatng Thyroid - authorized to use Scans byproduct material. 87-19 - Perforation and Cracking of 4/9/87 All:Yestighoase - Rod Cluster Control Assemblies - poser PYR facilities - holding ao. OL or q_ 87-18 Unauthorized Service on 4/8787 M1 NRC licensees Teletherapy Units by. Non- authorized to use " - licensed Ma/ntenerce Personnel radioactive material .. in teletheripy'units- '87-17 -Response:Time of Scram 4/7/87 All 6E BR facilities Instrument Volume Level : -holding an OL'orCP- Detectors - -. 87-16 Degradation of Static -0- 4/2/87 All LW facilities Ring. Pressure Switches holding an M or CP Ole --Operating License CP Constructions Permit UNITED STATES NUCLEAR,; REGULATORY COMMISSION WASHINGTON, D.C. 20555' OFFICIAL BUSINESS. PENALTY FOR PRIVATE USE, 5300 280632006315 1 1CO1CY1F311S1 COUNTY OF WELD 30iOf -COUNTY COMMISSIONERS • CHAIRMAN • PO BOX 75& GREELEY CO 84632 - Pmret CLASS sun oGSTAoa meson Pus owe WASH. D.C. PEmseri no 647 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON„ D.C. 20555. May 27, 1987 SSINS No.: 5835 �'INv873-Z3 +-fro-r ZZ..:J'. 4-177 �.. NRC INFORMATION NOTICE NO. E7-23: LOSS OF DECAY. HEAT REMOVAL DURING LOW REACTOR COOLANT LEVEL OPERATION Addressees: All holders of an operating license or a construction permit for pressurized - water reactor facilities. Purpose: This notice provides information regarding the loss of decay heat removal capability, at pressurized water reactors resulting from the loss of RHR pump suction during plant operations with low reactor coolant levels. It is ex- pected_that recipients -will review, this information for applicability to their reactor facilities and -consider actions, if, appropriate, to prevent similar problems. Suggestions contained in this notice do not Constitute NRC.require- ments;,therefore, no specific action or written response is required. Description of Circumstances: On April 10, 1987 the Diablo Canyon Unit 2 reactor experienced a loss of decay heat removal capability in both trains. The reactor coolant system had been drained down to the mid -height of the hot -leg piping in preparation for the removal of the steam generator manways. During the 85 minute period that the heat -removal capability was lost, the reactor,coolant heated from 87° F to boiling, steam was vented from an opening in the head, water was spilled from the partially unsealed manways,,and the airborne radioactivity levels in .the containment rose above the maximum permissible concentration of noble gases allowed by 10 CFR 20. The_reactor, -which was undergoing its first refueling, had been shut down for seven days at the time and the containment equipment hatch had been opened. Erroneous level instrumentation, inadequate knowledge of pump suction head/flow requirements, incomplete assessment of the behavior of the air/water mixture in the system and poor coordination -between control room operations and contain- ment activities all contributed to the event. Under the _conditions that existed, the system that indicated the level of coolant in the reactor vessel read "high" and responded poorly to changes in the coolant -level. 1n addition, the intended coolant level, established_ for this operation, was later deter- mined -to be below the level at which air -entrainment due to vortexing was predicted to commence. .A# the time of the event, the plant staff believed that the coolant level was six inches or more above -the level that would allow vorte)069- 8705700749 Rd m7 tD-3_ IN 87-23 May 27, 1987 Page 2 of 5 The event began at about 8:43 pm, when, a test engineer in preparation for a planned containment penetration local leak rate test, began draining a section of the reactor coolant pump leakoff return line, which he believed to be isolated. However, because of a leaking boundary valve, this action caused the volume control tank fluid to be drained through the intended test section to the reactor coolant drain tank. The control room operators, who were not aware that the engineer had begun conducting the test procedure, increased flow to stop the fluid reduction from the volume control tank. A few minutes later the operators were informed that the reactor coolant drain tank level was increas- ing but they could not determine the source of the leakage. Although the actual level of coolant in the reactor vessel was apparently dropping below the minimum intended level, the indication of level in the vessel remained within the desired control band. At 9:25 p.m. the electrical current of the active RHR pump (No. 2-2) was observed to be fluctuating. The 2-1 pump was started and the 2-2 pump was shutdown. However, the current on the 2-1 pump also fluctuated, so it was immediately shut down as well. The operators did not immediately raise the water level in the reactor because they still did not know either the source of the leakage, the true vessel level,, or the status of the work on the steam generator manways. Operators were sent to vent the RHP. pumps. One pump was reported to be vented at 10:03 p.m. At 10:21 p.m. an attempt was made to start this RHR pump, but the current fluctuated and it was shut down again. During this period the operators did not know the temperature of the coolant in the reactor vessel because the core exit thermocouples had been disconnected in preparation for the planned refuel- ing. By 10:30 p.m. airborne activity levels in the containment were increasing and personnel began to evacuate from the containment buildine. At 10:38 p.m. when the operators learned that the steam generator manways had not been removed, action was initiated to raise the reactor vessel water level by adding water from the refueling water storage tank. About 10 minutes later the test engineer identified the source of the leakage and stopped it. 8y 10:51 p.m., the vessel level had been raised sufficiently to restart one of the RHR'pumps. The indicated RHR amp discharge temperature immediately rose to 220 F. -At this time the reactor vessel was slightly above-atmos-pheric pres- sure and steam -was venting from an opening in the reactor vessel head.. Discussion: The NRC has documented numerous instances in the past where decay heat removal systems have been disabled because pump suction was lost while the plant was being operated at low reactor coolant water levels. lE Information. Notice 86-101 describes four -such events that occurred in 1985 and 1986. NRC Case Study Report AEOD/C503 describes sir such events that occurred in 1984, five that occurred in 1983, and seven that occurred in 1982. IE Information Notice Q1-09 described an event at Beaver Valley in March 1981. The case study report further indicates that a tots N of 32'such events occurred from 197f through- 984. The documentation includes descriptions of -a total of 22 events that have occurred -since -'1981 involving loss of decay heat removal capability resultinc from a loss of pump suction while operating at reduced water levels.' IN 87-23 May 27, 1987 Page 3 of 5 for all but four of these 23 events the primary cause of the loss of pump suction and loss of decay heat removal capability was attributed to incorrect, inaccurate, or inadequate level indication. Two events were attributed to toss of pump suction because of vortexing brought on by the simultaneous operation of both pumps. In many of these events procedural errors were also a contrib- uting factor. In at least nine of the cases, the redundant pump was lost because air was entrained when the operators, not understanding the cause of the problem, switched to the second pump. There are repeated references to difficulties in getting the pumps vented quickly after air binding had occurred and to the operators' inability to take immediate action to raise reactor vessel levels until the safety of personnel working on the primary systems could be assured. The length of time that decay heat removal was completely lost varied from eight minutes to two hours and averaged almost an hour. In at least three previous cases, boiling is known to have occurred. A number of actions have been recommended previously to prevent the loss of RHR pump suction during low vessel level operations. These include: Providing accurate level 'instrumentation 'designed for reduced -vessel water level operations. Providing alarms in the control room for low decay heat removal flow and low water level Including in the procedures specific requirements for frequent monitoring and -strict limits on level_ Considering in the procedures the possibility of vortex -formation and air entrainment,,including a.precaution aoainst starting a second RHR pump until the cause of the loss of the first pump is determined and' -corrective actions have been taken: Training the operators on the correlation between water level and pump speed at the onset of vortexing and air entrainment. Careful planning, coordination, and communication with control room personnel regarding all ongoing activities which could affect the primary system inventory. The NRC review of the Diablo Canyon event indicated that vortexing and air entrainment may occur at higher water levels than anticipated. In addition, operation at mid -hot -leg levels can lead to unanticipated conditions which may not have been adequately considered in instrumentation design and procedure preparation. The NRC staff's initial assessment of this event has identified the potential for a significant loss of decay heat removal capability both from a total loss of the RHR system and from a loss of.the steam generator heat sink due to air blanketing of the steam generator tubes. Correct operator actions then become critical for plant recovery. IN R7-23 May 27, 1987 Page 4 of 5 NRC communications in the past have expressed serious concern with failures to maintain adequate decay heat removal capability. IE Information Notice 81-09 pointed out that loss of shutdown cooling capability had been found to be a potentially significant contributor to the total risk. AEOD/C503 and other sources indicate that the time available to restore shutdown cooling before core uncovery can occur is not necessarily large. At four days after shutdown from long-term power_ operation, with the vessel drained down to the RHR suction loss level, thevesselwater can heat to the boiling point in about 1/2 hour. Under such conditions boiloff to the core uncovery level can occur in less than two hours. Following the loss of decay heat removal capability on April 10,.1987 at Diablo Canyon, PG&E took a.number of actions to prevent loss of RHR'suction during low level operation and to improve recovery should such a loss occur. These actions included. the following: ! Evaluation of the reactor vessel level indicating system to determine the level at whichh-vortexing would occur and the effect of vortexing on the level measurement. Enhancements of the instrumentation to include accurate level measurement, alarm capability and core exit temperature measurement during tow level operation. Enhancement of procedures to include requirements for verifying proper RHR pump suction before starting the second RHR pump. Also included are precautions specifying minimum vessel levels as a function of RHR flow. Improvements in work planning, control anc communication -to -include a restriction of the work scope to items that-do;not have the potential to reduce RCS inventory. Improvement of operator training includinga discussion of the potential causes of RHR flow loss; as well as recovery procedures.' The-.NRC'is currently considering additional, generic -action on;this.:issue. IN 87-23 May 27, 1987 Page 5 of 5 This information notice requires no specific action or written response. If you have any questions ,about this matter, please contact the Regional Administrator of the appropriate regional office or this office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contacts: Donald C Kirkpatrick,.NRR (301) 492-8166 Marren C. Lyon, NRR (301) 492-7605 Attachment: 1. List of Recently/Issued NRC Information Notices, All research and nonpower reactor' facilities. All nuclear power facilities holding an OL -or CP and all licensed:operators. All nuclear power facilities holding an OL or CP All PWR facilities holding an.OL or CP. All -nuclear power facilities holding a CP or OL. All licensees authorized to use byproduct material All Westinghouse Power PWR facilities holding an OL or CP All NRC licensees authorized to use radioactive material in teletherapy-units All 6E BHP facilities holding an 0L or CP Attachment 1 IN 87-23 May ?7. 1087 LIST OF RECENTLY ISSUED INFORMATION NOTTCES 1987 Information Notice No. Subject Oate of Tssuance Issued to 87-22 Operator Licensing Requal-i- 5/22/87 fication Examinations at Nonpower Reactors ` 87-21 Shutdown Order Issued Because 5/11/87 Licensed Operators Asleep While on Duty 87-20 Hydrogen Leak in Auxiliary 4/20/87 Building 86-108 Sup. 1 86.64 Sup. 1 85-61 Sup. 1 87-19 Degradation of Reactor Coolant System Pressure Boundary Resulting from Rorie Acid Corrosion 4/20/87 Deficiencies in .Upgrade 4/20/87 Programs for Plant Emergency Operating Procedures,. Misadministrations to Patients Undergoing Thyroid Scans 4/15/87 Perforation and Cracking of 4/9/87 Rod -Cluster Control Assemblies 87-18 Unauthorized Service on 4/8/87 Teletherapy Units by Non- licensed, Maintenance Personnel - Response Time of Scram Tnstrument Volume Level Detectors) 01 = Operating License CP = Construction Permit AGRICULTURE COUNCIL_ OF WELD COUNTY May 2:fL 1987 Board of County Commissioners Weld County, Colorado Dear Commissioners, At the regular meeting of the Weld County Ag Council on May 25th, a resolution was passed which designated me to make the following request in regard to the Comprehensive Plan Draft Revisions. Since these revisions deal primarly with the unincorporated areas_of_Weld County; it would seem appropriate that consideration be given to those engaged in agriculture by realizing that there are certain months during each year that are inconvenient forthose so engaged in aq to find time to study such revisions, prepare information -for, or attend public hearings. We therefore request that these and/or other hearings which directly affect our lives be held only during the winter months. !Preferably, between November 1st and April 1st. "Progress Through Unity" WED CUM CeiMMKER3 JUN O1 1987 Thank you for your consideration, Bob Ei. White 41455 WeldrCounty:Road '86. Sr-iggadale.,CO 80611 e<<P- National Fanners Organization — Rocky Mountain Fanners Union — American A& — Women In Firm Economtcs Weld County Livestock Association — Weld County Taxpayers' Association — Northern ColoradoDairyettes e�� Weld County Cowbelles — Colorado State Grange 3d nn -r5 Cc- -81 Certificate of Insurance of information only and confers no rights upon the certificate or alter the coverage afforded by the policies listed blow. previously issued by this company for this insured. polices be cancelled, the issuing company will endeavor to named certificate holder; but fadmre to mail such notice shall. any kind upon the company. PANHANDLE --._ EASTERN This certificate is issued as a mattes holder. Thiscertificate does not amend, extend This cettdfdcate replica any other Cancellation: Should any of the described mail 30 days written notice to the below lorpose no obligation or liability of NAME AND ADDRESS OF CERTIFICATE HOLDER NAND INSURED AND PRINCIPAL ADDRESS Weld County Colorado and Hoard of County Carmissioner of The County of Weld 915 Tenth Street: (freely, Colorado 80631 PA1:7AME EASTERN PIPE LINE COMPANY 3444 BROADWAY P. 0.`BOK 418348 KANSAS CITY, MISSOURI 64141-9348 This is to certify that policies of insurance listed below have been issued to the insured named above and art in force at this time. UNDERWRITERS: UNDERWRITERS AT LLOYDS & CERTAIN INSURANCE COMPANIES POLICY NUMBER: EV 8700067 POLICY PERIOD: 04/30/87 to 04/30/90 LIMIT: $1,000,000. COMBINED SINGLE LIMIT BODILY INJURY/PROPERTY DAMAGE TYPE OF INSURANCE: COMPREHI3NSIVE GENERAL I.IABILITY COVERAGES: Premises Operations Explosion & Collapse Underground Hazard Products/Completed Operations Broad Form Property: Damage , Contractual Independent Contractors Personal Injury - _ .._..._ *When required and only to the extent required by written contract, the certificate holder is included as an additional insured but solely as respects operations of the blamed ]Homed as stated within said. oat:tract. Alexander & Alexander, Inc. Date 912 P.O.Box B,. . Box 23647 Kansas City, Missouri 64199 Phone: Issues : • i 1 eR7 .4/��< /� f � t! (816) 391-1000 1`3d rnr�1 io-3-81 a- rz-40. a -Zs -ere ot, 6r_Zci? 4*Ezrag/: ry . T Ids- gd77 a Ss--,caeitt,ztan tlx;e- ��C-,e-S 47O.a te ziv n, _C774tc;-77`/ ��y GUS,e Dze--z p,Cr.e7�ji �6 f a/C 46,1z../2arse—eccE _ G'&,€ k-ae cif �e-c.-dozeetJ i is 7z es si ‘/E iza eAt Ge1/"14- SST ate� 7C,17-7 /‘072,-z€ G� ezrzz� sZt` �;-ireve-c Grs� S 7 ktievilfrn, (7,:zae wee ice' lo -re/ BEFORE THE OIL AND GAS CONSERVATION. COMMISSION OF THE STATE OF COLORADO IN :THE MATTER. 4F VIOLATkON of ;THE RULES"ANir•REGULATIONS"OF-.THE O:IL AND GAs CO13SERVATION COMMISSION BY ARTESIA WEST; _;INC: FOR A' WELL LOCATED IN''ROUTT'COUNTY, COLORADO ' CAUSE NO NOTICE OF HEARING TO ALL INTERESTED PERSONS AND. TO WHOM IT MAY CONCERN: Q r;J Jo* On .`December 13, 1985, Artesia West, Inc. 'filed with the Commission!OGCC Form 10 - Certificate of Clearance and Authorization to Transport'Oil,or -Gas from a Well for the following well: Well Name Grassy Creek Coal Co. 1 indicating that it became the new December 1 1985. Location SW NE Section 24, Township ,6 Range 87 West, 6th P.M. North, operator from Badger Oil Corporation on Several requests have .been ;made to the date no security has been filed as required .by.Rule Regulation of the Commission. Failure to comply is Rule. NOTICE IS HEREBY, GIVEN," that the Oil Commission-of.:the State -Of Colorado,:. pursuant to the the=above=entitled""matter for hearing en:..: DATE: Monday June 15., 1987 TIME: 9:00 a.m. PLACE: new operator,:; but to, 304 of :the Rules and in violation of said and Gas .Conservation'> above; has scheduled Room 110, State Centennial Building 1313 Sherman Street Denver, Colorado 80203 NOW, -THEREFORE Artesia West, Inc. is hereby ordered to appear at the above scheduled hearing in response to the above and show cause why; .the Commission should not invoke the provisions: of 34-60-121 C.R.S. as .:amended providing for penalties for violation .of the Rules and Regulations of the Commission' and `why it should not immediately post' security, or in the event such security is not posted why the Commission should not require the :wells to be plugged and.'abandoned by the previous owner, Badger Oil Corporation or by its security. Pursuant to said hearing in the above`. entitled matter at the time and place aforesaid, or at 'any adjourned meeting, the Commission will take. such action as it deems appropriate. IN' THE NAME OF THE STATE, OF COLROADO. OIL AND .GAS CONSERVATION'COMMISSION 'OF THE, STATE OF COLORADO Dated at Denver, ' Colorado': May 1, 19`87 BEFORE THE: OIL AND GAS CONSERVATION -COMMISSION OF THE - STATE OF COLORADO IN THE MATTER OF VIOLATION OF THE RULES <AND. REGULATIONS . OF THE .O I. ANDGAS CONSERVATION,COMMISSIOt3 BY GOLDEN' BEAR' ENERGY., INC. FOR•WELLS LOCATED. IN ADAMS, ARAPAHOE AND ;WELD COUNTIES, COLORADO )' ) ) CAUSE NO. 1 NOTICE OF HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCERN: EcNrcHataii cerx7;27°M.,,, �.� e JUN 21987` ,;'' Golden Bear Energy, Inc. on December 6, 1985 filed with the Commission OGCC, Form 10 - Certificate of Clearance and Authorization to Transport Oil or ;Gas from a Well for twenty-eight (28) wells located in Adams, Arapahoe and Weld Counties, Colorado indicating that it became the new operator from Griffin Oil and Gas, Inc. The Form 10 was not approved since no bond has been filed by Golden Bear Energy, Inc. as new operator_ Several requests have been made to the new operator, but to date no security ;has been filed as required ,by Rule 304 of the Rules and Regulation of the Commission.+ Failure to comply is in violation of said Rule. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado? pursuant to the above, has scheduled the above -entitled matter for hearing on: DATE: TIME: ,PLACE;_ Monday June 15, 1987 9:00 a.m. Room 110, State Centennial Building 1313' Sherman Street Denver, Colorado 8.0203 NOW, THEREFORE.: Golden Bear Energy, Inc. is hereby ordered' to appear at the above scheduled hearing in response to the above and show cause why ,the Commission should not invoke the provisions of 34-60-121 C.R.S. as amendedproviding for penalties for violation of the Rules and Regulations of the .Commission and why it should not immediately post security or in the event such security` is not posted why the Commission should not ;require the ,wells to be plugged and abandoned by ; the ;previous owner, Griffin Oil and Gas, Inc. or by its security_ Pursuant to said hearing in the, above :entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission > will: take such action as it deems appropriate. IN THE NAME OF THE STATE OF COLROADO. OIL AND GAS CONSERVATION COMMISSION OP THE STATE OF COLORADO By Dated .at. Deny ,• ?Colorado May 22, 1987., Frank'J Piro, Secretary s} BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE 'STATE 'OF COLORADO IN THE MATTER OF VIOLATION OF, THE ) .RULES AND REGULATIONS OF."THE 'OIL . ) AND GAS CONSERVATION COMMISSION BY ) CUTLER," BROTHERS' TOR WELLS LOCATED IN ) ADAMS COUNTY,COLORADO )' TO ALL INTERESTED` PERSONS On •;January Commission 'OGCC Form 10 Transport Oil or;Gas. from Well Name Freeman lA Reasoner 1 • CAUSE NO. 1 r- WWI? caairt NOTICE OF HEARING AND TO WHOM IT MAY CONCERN: 30,: 1985, .Cutler Brothers filed with. the - C'er'tificate of Clerrance and Authorization to a Well for the following wells: D jun Location SW SE 31:-T1S-R66W SW SW 32�-T1S-R66W 2t787, GREELEy-col' indicating that it became the new operator from Thomas G. Vessels . Several requests have been made to the date no security has been filed as required by Rule Regulation of the Commission: Failure to comply is Rule. Li. new operator, but to <` 304 of the Rules and in violation of said NOTICE IS HEREBY GIVEN,, that the Oil and Gas Conservation Commission of the State o£ Colorado,; pursuant to the above, has scheduled:: the tabcve-entitled matter: for hearing, on: DATE: Monday June 15, 1987 TIME-. 9:00 a.m. PLACE: Room, 110, State. Centennial Building 1313 ShermanStreet Denver, Colorado: 80203 NOW, THEREFORE Cutler Brothers is hereby ordered to appear at the above, scheduled hearing in response to the above and show cause why the Commission should not invoke the ;provisions' of 34-60-121 C.R.S. as amended. providing for penalties for violation of the Rules andr Regulations of the: Commission and why it should not immediately post security,or in the event such security is not posted why" the 'Commission should not require the wells to be plugged and abandoned by the previous owner, Thomas G. Vessels or by its security. Pursuant to said hearing ;in the above entitled matter at, the time and place aforesaid,'; or at any adjourned meeting, the Commission will take such :action as it deems appropriate. IN THE NAME OF THE STATE "OF COLROADO. OIL AND GAS CONSERVATION. COMMISSION OF THE STATE OF COLORADO Dated at Denver, Colorado May 14 1987 BY _ Frank J. ro, Secretary.- BEFORE IN THE.. MATTER OF THE AND ESTABLISHMENT OF GOVERN OPERATIONS IN FIELD, LOGAN COUNTY, THE 'OIL 'AND GAS CONSERVATION COMMISSION OF THE 'i`STATE "OF COLORADO PROMULGATION FIELD RULES TO THE DARBY CREEK COLORADO CAUSE NO. 86 WM Min NOTICE OF HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCER U ; 8i;; L" i i e j {t NN 219a1A oncarl coui. On April 29, 1987, Weaselskin Corporation filed with the Commission a verified application for an order approving a pilot secondary recovery "project by injection of water into the DlSand underlying the E1/2 Section 20 and. the .W1/2 ;Section" 21, Township 10' North, ,Range 53 West, 6th PM, said lands consisting of ,common surface and! mineral ownership. The injection well to be the No. C-1 Middlestadt B, located in the:NW1/4 SW1/4 of said Section 21. On March 20, 1956, the Commission issued Order' No. 86-1 by it which 40 acre drilling; and spacing units were established for. production of oil and`, gas from the D Sand underlying the following described lands in Logan County, Colorado: Township 10 North,Range Section -17: All Section 20: N1/2 53 West;` 6th :PM Section 21: W1/2 NW1/4 Said order is no longernecessary and in order to encourage future development, the Commission on it's own motion will consider rescinding said `Order -No. 86-1. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Color& pursuant to :the above, has scheduled; the 'above ''entitled `•matter for hearing' on: DATE:' Monday .Tune 15, 1987 TIME: 9:00 a.m. PLACE: Room 110, State Centennial Building 1313 Sherman Street _Denver, Colorado 80203 Pursuant to said: hearing in the above -entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems" appropriate' to prevent the waste of oil and <gas, either or both, in the operations of said field, and to carry out the purposes of the statute." Any interested ;party desiring to protest the granting of the application and the rescinding of said Order No. 86-1 _ 'or to intervene should file with the Commission a writtenprotestor a notice to intervene no later than `.June 10, 1987, .briefly stating the -basis of the protest or .intervention. Such interested party shall,' at the same time, serve a copy of the protest or notice to intervene to the person" filing the application. A fee of forty-five dollars ($45.00) shall accompany each 'document "filed with the Commission. IN THE NAME OF THE STATE OF',COLROADO. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Frank Piro, Secretary Dated at Denver, Colorado May 20, 1987 BEFORE THE_OIL AND .GAS CONSERVATION COMMISSION OF T$E STATE or''COLORADO; IN THE ,MATTER 'OF THE. PROMULGATION ) AND ESTABLISHMENT OF: FIELD, RULES TO ) CAUSE NO. 4 GOVERN OPERATIONS IN THE MC CLEAN ) l71q:��y, _5V FIELD, MONTEZUMA COUNTY, COLORADO ) g �� 7�—' ri d ��r nc;hifi NOTICE:. OF _ it 21987 TO ALL INTERESTED PERSONS AAD TO WHOM IT MAY CONCERN: On: August: 19, 1985, ;the Commission authorized Order No. 435-1 to be issued ,by.i..whicn;160--acne drilling and Spacing units were established for the; production of oil, gas and associated hydrocarbons from the Desert Creek zone .of ,the' Paradox ;formation underlying the following described lands" Montezuma County, Colorado: Township 36 North, Range 18 West,'N.M.P:M. Section 6:• N1/2 Township 36 NorthS Range 19 ;West, N.M.P M.,' Section 1: .N1/2 Section 2: N1/2 Township37: North, Range 18 West, N.M.P:M. Section, 30: All Section 31: All Township_ 37 North., Range 19 West, N.M.P.M: Section 2••Wl/2 Section 3: All (Fractional) Section 4: All (Fractional) Section 5: E1/2 .(Fractional)... Section 9: All (Fractional) Section 10: .All .(Fractional) Section 11 All (Fractional) Section 15: All Section %22: El' /2 Section 23: All Section 241 S1/2.{Fractional) Section 25: All (Fractional) Section -26: All Section 27: E1/2 Section 34: E1/2 Section 35: All (Fractional) Section 36: All (Fractional) Tract 39: being a`portion of, Section 3.- Tract 40: being a_portion of Section 9 Tract 49: being a -portion of Section 9 ;Tract 50: being a portion of Section.9 Tract. 51: being ,a,portion of Sections' 3' 4, 9 and 10 -` Tract 52: being a portion of Sections 2, 3, 10 and 11 Tract 57: that -portion situated in resurveyed Section 9:'. Tract 62: that portion situated in resurveyed Section 24` Tract 65: "being a;portion of Sections 35 and 36 Tract 66:, .'.being a: portion of Sections { Tract `67.''being a portion`.of Sections 25 and 36 Tract 71: being a portion of Section 4 and Section 33 of Township' 38 North, Range; 19 West Tract 72: being a portion .of Section - 5 and Section 3-2 of Township; 38North, Range 19 West Township 38 North, Range 19 West, N.M.P.M. Section °37-: E1/2:-AFractional) Section 33:.. All (Fractional) Seetion 3'4: All Section 35: W1/2 Tract 67:. being a 'portion of Section 33 Tract 68:' being a'pdition of Section 33' Tract 69: being a portion 'of'Section 33ti Tract 7O: being a portion 'of Section 33 Celsius Energy Company, as ,applicant for said Order No. 435-1 has made application to --the Bureau: of -Land Management for the formation of a federal exploratory unit covering lands; subject to Order No. 435-1. Since 'the _spacing order and federal unit 'would' be in conflict, the Commission -`on :its own motion will consider rescinding Order No. 435-1. This !;is a :requirement of -the BLM for the formation of a federal unit. NOTICE 'IS-BEREBYI--GIVEN, that the O3;1-.afid' Gas Conservation - Commission of the State of Colorado,_pursuant to the above, has scheduled the above -entitled' matter for 'hearing 'on: 'DATE:. . Monday, 'June 15, 198.7-- . TIME: 9:00 a.m. PLACE: Room 110::. State ,Centennial Building 1313 Sherman Street Deriver, Colorado 80203 Pursuant to•Said hearing in the above -entitled matter at the time and place aforesaid, ,or 'at any -adjourned meeting, the Commission'` will entersuch orders as it' deems appropriate to prevent the waste of oil and gas`, either or `loath', `';in" the operations` of said field, and to carryout the purposes o£ the statute:. Any _interested party desiring to protestthe rescinding of said Order No. 435-1, shall file With the Commission a written, protest no later than June 10, 1981 briefly stating the, basis of the protest. IN THE NAME OF THE -.STATE OF COLORADO. 'OIL AND'GAS CONSERVATION COMMISSION OF- THE, STATE: OF COLORADO Dated ,at Denver; May -20, , 1907` Colorado" - By: Fran J. P ro,-Secretary BEFORE THE '.OIL AND ,GAS f;CONSERVATION 'COMMISSION OF THE STATE OF COLORADO IN THE MATTER -OF PROMULGATION ) AND ESTABLISHMENT OF FIELD RULES' ) GOVERN OPERATIONS 'IN 'THE ;MOUNT PEARL ) FIELD, CHEYENNE COUNTY,COLORADO ) NOTICE OF, HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCER CAUSE NO. 426 !al Mr! - JUN 21987., orern-ac Lex On March 16, '`1987, the Commission authorized Order No. 426-12 to be issued by which the production restrictions as provided for by ,Order No. 426-9 (corrected) and Order No. 426-11 were continued for a 90 day period. It was further ordered that a hearing shall we held at the June 1987 hearing date and unless a Unit Agreement :and Unit Operating Agreement for the Mount "Pearl Field' have been entered by that, time, the Commission' shall take such further action as it deems appropriate. NOTICE IS HEREBY' GIVEN, that the Oil and Gas <Conservation Commission of the state' of Colora°,,;on its own ,motion, has scheduled the above entitled matter for hearing on: DATE: TIME: Monday June 9;00 a.m. 15, 1987 PLACE: Room 110, State Centennial Building'; 1313 Sherman Street Denver,:! Colorado 80203 NOW THEREFORE operators or their representatives in the Mount Pearl Field are hereby directed to appear at the above scheduled: hearing and advise .the commission as to the status of, a plan for Unit operations in the field. Pursuant to said hearing in the above -entitled matter at the time and place aforesaid,or at any adjourned meeting:, the Commission will take such action as it.deems :appropriate. IN, THE NAME OF THE STATE OE' COLROADO. OIL AND GAS CONSERVATION COMMISSION OF THE jSTATE ;OE' COLORADO By Dated at Denver,' Colorado May 19, ,1987 G Frank iro, Secretary BEFORE. THE OIL. BAND GAS, CONSERVATION :COMMISSION! ":,OR- THE STATE_:.OF COLORADO IN`:THEMATTER OF_.,TRE AND<=ESTABLISHMENT_OF GOV litt `OP,ERATIONS ,IN AND_SORRENTO FIELDS, COUNTY, COLORADO PROMULGATION; ). F.3ELD 12IILES . TO ) ;THE MOfINT> PEARL s .) CHEYENNE ) CAUSEN0s. 349 426< ;MIkGteTPT C -,x• 0 NOTICE OF HEARING TO ALL INTERESTED PARTIES AND'TO WHOM IT MAY CONCERN: .On ,September 15;:1986, the Commission authorized Order No. 426-9. (corrected) to be issued by ,which production:: restrictions were. placed on wells located on certain lands in the Mt. Pearl Field and producing from the Morrow 'B' reservoir. Subsequent Order No. 426-11 included additional lands. j . JUCl , 2 rer ff . GREEZEY..COLO: On -May .1, 1987,, Williford Energy Company,_ by its'attorny, filed with the. Commission a verified application for :an order to amend said Order No. 426-9' (corrected)! and :include wells for production restriction as provided for in Order No. 426-9 (corrected) that are located in the follwowing_.described `lands " in the Mt. `Pearl and Sorrento' Fields, Cheyenne County, Colorado: (a) Sorrento Field (Cause No. 349) Township 13 South, Range 48 West 6th P.M. Section 31• All Township 13 South, Range 49 West 6th P.M. Section r36: E1/2 (b) mt. Pearl Field (Cause No. 426) Township 13 South, Range 48 West 6th P.M. Section 32: s1/2 NOTICE' IS REMY GIVEN that the Oil and Gas Conservation Commission of the State of Colorado,' pursuant to'the 'above, has scheduled' the above [entitled matter for hearing on: DATE: ;Monday,!, June 15, 1987 TIME: 9:00 a.m. PLACE: Room 110, State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Pursuant; to said hearing in the above -entitled matter at the ;time ,and place aforesaid, ;or at any adjourned meeting, the Commission' will enter: such' orders, as it deems appropriate to prevent 'the waste of. oil `:and':gas, either or both;', in the, operations of said field, and to ' carry out :the purposes .of the statute. Any interested party :desiring. to. protest, .the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 10, 1987, briefly stating the basis of the protest or intervention.Such interested party shall, at the ,same time, serve a. copy "of the protest: or'°notice to intervene to the person filing the -application. A..fee of forty-five dollars ($.45.00) shali.accompany .each ,document filed with the Commission. IN THE NAME OF THE :STATE OF COLORADO. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Bv' ank .3.' ro, ; Secretary Dated 'at Denver, Colorado May 20,"1987 (349 S 426): Law Department v _ ' R GREELEY'CIVIC CENTER, GREELEY, COLORADO 80631 (303) 3536123 May 28, 1987 Gordon Lacey, Chairperson Weld County Commissioners Centennial Center 915 10th St. Greeley, CO- 80631 4141-2198;,L10 J Dear Mr. Lacey: I am pleased to provide you a. copy of a letter designating Weld County as a Bicentennial Community. Thank -you again for the support provided by the Commis- sioners in this mafter.' Sincerely, Edward M. Caswall Assistant City Attorney EMC/lam Enclosure 4--ZO�y 7 id rnT`) 3-QQ, tanintissian- nn thz lairEntznnia1 of itItt Anita Stalls Conslihttinn 734 Jackson Place, N.W.. Washington, D -C. 20503' 202/USA 1787 Warren £. Burger Chairman Frederick K. Biebef Lindy Boggs Herbert Browne!! Lynne V. Cheney Philip M. Crane Dennis DeConcini William J. Green Edward Viatar Hill Cornelia O. Kennedy Edward M. Kennedy _Harry :McKinley Lightsey, Jr. :v;rlicm Lucas Refry- Southard :Murphy 'cords H. O'Connor Ph t'11is Schlafly 3ernard H. Siegan red Stevens Oben C. Tanner Strom Thurmond Ronald H. Walker Charles E. Wiggins - Charles AlanWright Marx W. Cannon Staff Director Ronald M.Mann DeputyStaff Director, r� May 20, 1987 Mr. Edward M. Caswall Weld County' Bicentennial Commission 1024 8th Street Greeley, CO 80631 Dear Mr. Caswall: By authority of the Commission on the Bicentennial of the United States Constitution, I wish to inform you that Weld County, Colorado has been approved and is hereby recognized as a Designated Bicentennial Community. It gives me great pleasure to report to you on this action; and to extend to you our congratulations_ By virtue of this recognition, your commission now may use the official logo and may approve use of the logo to non-profit sponsors and groups in your community. We are committed to making the Bicentennial a meaningful and rewarding learning experience for all Americans. To this end, we look forward to cooperating closely with your commission in every possible way. We wish you success in applying the necessary determination, creativity and resourcefulness to achieve a highly effective -commemoration -in Weld County: MWC•PC-ram Enclosures "! Sincerely, °1144t4-17 MARK W. CANNON' RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 3, 1987 TAPE 087-40 & 087-41 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, June 3, 1987, at the hour of 9:00 A.M. ROLL CALL: MINUTES: 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 Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene-Brantner. Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Tommie Attune Commissioner Brantner moved to approve the minutes of the Board of County Commissioners meeting of June 1, 1987, as printed. Commissioner Kirby seconded the motion and it carried with Commissioner Johnson abstaining because she was excused from said meeting. ADDITIONS: Chairman Lacy deleted :Item 03 under New Business - Consider Amendment to Lease_ Agreement between Pierce United Methodist Church and Head Start and authorize Chairman to sign. CONSENT AGENDA: Commissioner Brantner moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Tom David, County Attorney, said his department has closed approximately 100 files, which makes the total number of open files in his office 321. Mr. David said there are 60 threatened and 47 active litigation cases. He commented on two 1980 cases involving the depreciation of personal property between base years, which were recently decided by the Colorado Supreme Court. The cases involved B.A. Leasing and Benbrook, and the Court decided against the counties In both -instances. �Cono y WARRANTS: BIDS: Claud Hanes presented the following warrants for approval.by the Board: General fund -$164,859.49 Payroll` 12,074.91 Social Services 774.12 Handwritten warrants: Payroll 417,549.76 Commissioner Brantner moved to approve the warrants as presented by Mr. Hanes. Commissioner Kirby seconded the motion which carried unanimously. PRESENT PAVEMENT REHABILITATION, 2ND CONTRACT - ROAD & BRIDGE: Bette Rhoden, Director of Purchasing, presented this item to the Board, reading the names of the bidders and the amount bid by each into the record. APPROVE DESIGN OF BRIDGE 15/44B - ROAD & BRIDGE_(CONT. FROM 5/27/87): Ms. Rhoden requested that this item be continued to June 17. The Board granted this request. (TAPE CHANGE #87-41) BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR 3.2% BEER LICENSE FROM JOHN MARTINEZ, DEA GILL RECREATION CENTER: Steve McGuirk, representing the Sheriff's Office, said there have been no problems at this establishment within the past year. Commissioner Brantner moved to approve the renewal of the 3.2% Beer License for John Martinez, dba Gill Recreation Center. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN RESOURCES AND SCHOOL DISTRICT 6 AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, of Human Resources, presented this item to the Board. She said Employment Services will provide monies to School District 6 for the purchase of a computerized educational system, with the District to provide a dollar -for -dollar match. The system is to expand compentency-based programs for adults and youth in the areas of math and reading. Commissioner Johnson moved to approve the Purchase of Services Agreement and authorize the Chairman to sign. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER REQUEST FOR INSTALLATION OF TRAFFIC CONTROL DEVICES AT INTERSECTION OF YELLOWSTONE DRIVE & YOSEMITE STREET IN HILL -N -PARR SUBDIVISION: Drew Scheltinga, Engineering Director, said his department had conducted a traffic count at this intersection and recommends that "Stop Ahead" and "Stop" signs be erected on Yosemite Street. Commissioner Kirby moved to approve the installation o£ traffic control devices on Yosemite Street at its intersection with Yellowstone Drive in.Hill-N-Park Subdivision. The motion, which was seconded by Commissioner Yamaguchi, carried unanimously. Minutes - June 3, 1987 Page 2 CONSIDER RESOLUTION RE: COOPERATION AGREEMENT WITH GREELEY URBAN RENEWAL AND AUTHORIZE CHAIRMAN TO SIGN SAID AGREEMENT: Lee Morrison, Assistant County Attorney, explained that thia agreement is intended to facilitate the implementation of the tax increment financing and the sale of the bonds based on such financing. He said the Assessor and the Treasurer have reviewed this agreement and both said they will execute the Resolution. Chairman Lacy read into the record a memo from Don Warden, Director of Finance and Administration, who had reviewed the agreement earlier because he is out of town this week. Mr. Warden's memo stated that he concurs that the Joint Resolution regarding the Cooperation Agreement with Greeley Urban Renewal is the appropriate method to satisfy the concerns of the City of Greeley. Commissioner Johnson moved to approve said Resolution and authorize the Chairman to sign the Agreement. Seconded by Commissioner Brantner, the motion carried unanimously. PLANNING: RE #1013 - SOLOMON: Lanell Swanson, Planning Department representative, said this request for a Recorded Exemption was submitted by Bruce and Beverly Solomon. She said the request is to divide a 10 acre parcel into parcels of 8 acres and 2 acres. Me. Swanson said the Planning staff recommends denial of this request because the applicants have not demonstrated that the proposal is consistent with efficient and orderly development; they have failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan; and they have not demonstrated that the proposal is consistent with the intent of the Agricultural Zone District. Jim Ferguson, realtor representing the applicants, came forward to make his presentation and answer questions of the Board. Bruce Solomon, one of the applicants, also made comments to the Board. The Board expressed concerns about the size of the future lots and Mr. Ferguson said the Solomons are willing to divide the parcel into 5 acres and 5 acres. No public testimony was offered concerning this matter. Following discussion, Commissioner Brantner moved to approve Recorded Exemption #1013 for Bruce and Beverly Solomon. Commissioner Kirby seconded the motion. Ms. Swanson said she would like to submit conditions o£ approval if this request is granted. Commissioner Brantner amended his motion to include the recommended conditions, and Commissioner Kirby agreed to the amendment. Commissioner Johnson and Chairman Lacy explained why they will vote against the motion. The motion to approve Recorded Exemption #1013 for Bruce and Beverly Solomon failed on a roll call vote with Commissioners Brantner and Kirby voting aye and the other three Commissioners voting nay. 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. Minutes -- June 3, 1987 Page 3 There being no further business, this meeting was adjourned at 9:50 A.M. APPROVED: ATTEST: ct,„,„,„4Q jyti Weld County Clerk and Recorder and Clerk to the Boa ck= Deputy County Clerk BOARD OF COUNTY COMMISSIONERS WELD CORAD Ja quel EXCUSED.. RE 9E; AERVVAL Frank Yamaguchi APPROVAL OF CONSENT AGENDA: RECORD OF PROCEEDINGS Gordon E. Lacy, Chairman C.W.Kirby, Pro-Tem Gene R. Brantner Jacqueline Johnson Frank Yamaguchi MINUTES: Approval of minutes of June 3, 1987 CERTIFICATIONS OF HEARINGS: Hearings conducted on. June 3, 1987: 1) Show Cause ,Hearing, MS Corporation; 2) Amend-USR, WC Corporation; 3) USR, Suckle Farms; and. 4) USR,.Bamiltmn Ferma COMMISSIONER COORDINATOR 1) Commoaication Services - Yamaguchi 2) Engineering Services - Kirby 3) Health Services - Johnson 4) Planning Services - Brantner 5) Purchasing A Personnel - Lacy COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) REPORTS: BUSINESS: OLD: NEW: 1) Consider Amendment to Lease Agreement between Pierce United Methodist Church and Head Start and authorize Chairman to sign 2) Consider Letter requesting extension of Head Start High Scope Funds and authorize Chairman to sign 3) Consider Change of Ownership of 3.2% Beer License to Charles and Roberta Hinderiiter, dba I-76 Motel and Cafe, from Alejandro Martinez, dba I -76 -- Motel and Cafe 4) Consider Resolution re: Temporary closure of WCR 63 between U.S. Highway 34 and WCR 52 5) Consider Division Order from National Cooperative Refinery Association on NE}NE₹, 528, T8N, R58W and authorize Chairman to sign 6) Consider neighborhood to be served, set hearing date, and appoint Commissioner to mske on -site inspection concerning Hotel/Restaurant Liquor License application of MJB Enterprises, Inc., dba Cafe Potage of ' Longmont CONSENT AGENDA APPOINTMENTS: Jun 8 - Work Session 1:30 PM Jun 10 - BOARD MEETING CANCELLED Jun 11 - Area Agency on Aging 9:00 AM Jun 12 - Placement Alternatives Commission 10:30 AM Jun 12 - Community Corrections Advisory Board 12:00 NOON Jun 15 - Work Session 1:30 PM Jun 16 - Planning Commission 1:30 PM Jun 16 - Retirement Board 2:00 PM Jun 16 - Airport Authority 3:00 PM HEARINGS: Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (S}SW}, 67-8-18) 2:00 PM Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (N}NW}, 67-8-18) 2:00 PM Jun 24 — Show Cause Bearing, MS Corporation (cont. from 6/3/87) 9:00 AM Jun 24 — Creation of Local Improvement District #1987-1, Weld County Indianhead Subdivision 2:00 PM Jun 24 - USR, Single family residence on parcel o£ land less than minimum lot size, Chad & Jaymie Noland (Pt.N}SW}, 67-8-7) 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.N}NW}, 67-8-7) 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad 6 Jaymie Noland (Pt.S}NW}, 67-8-7) 2:00 PM Jun 24 - USR, Agricultural business, Butcher Block Cattle Co. 2:00 FM Jul 1 - Amendments to WC Building Code Ordinance 2:00 PM Jul 1 - Amendments to WC Zoning Ordinance 2:00 PM Jul 8 - USE, Suckle Farms (cont. from 6/3/87) 2:00 PM Jul 15 - COZ, A to PUB, Cecil W. King (cont. from 5/13/87) 2:00 PM Jul 15 - USR, Commercial welding shop in Agricultural Zone District, -Shawn C. Elworthy 2:00 PM REPORTS: COMMUNICATIONS: 1) City and County of Denver re: Single Family Revenue Bonds 2) Brat S. Boff re: Law enforcement 3) U.S. Forest Service re: Forest Plan 4) Planning Commission eitutes of June 2 PLANNING STAFF 1) RE f101I — Moody APPROVALS: RESOLUTIONS: * 1) Approve installation of traffic control devices at intersection of Yellowstone Drive & Yosemite Street in Hill -N -Park Subdivision * 2) Approve continuance of Show Cause Hearing - MS Corporation * 3) Approve continuance of hearing - USR, Suckle Farms * 4) Approve Amended USR, WC Corporation * 5) Approve USR, Hamilton Farms * 6) Approve temporarr closure of WCR 63 between U.S. Highway 34 and WCR 52 * 7) Deny RE 11013`- Solomon Signed at this meeting RESOLUTION RE: APPROVE INSTALLATION OF "STOP AHEAD" AND "STOP" SIGNS ON YOSEMITE STREET AT ITS INTERSECTION WITH YELLOWSTONE DRIVE 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 o£ Engineering has recommended that "Stop Ahead" and "Stop" signs be installed to control traffic on Yosemite Street at its intersection with Yellowstone Drive in Hill -N -Park Subdivision, and WHEREAS, the Board, upon the recommendation of the Department of Engineering, has determined that said traffic devices are ncessary 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 "Stop Ahead" and "Stop" signs to control traffic on Yosemite -Street at its intersection with Yellowstone Drive in Hill -N -Park Subdivision 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 3rd day of June, A.D., 1987. ATTEST: It v,n 4-tatuta Weld County "Clerk and Recorder and Clerk to the, Board cat 6 eputy Countye APPROVED AS TO FORM: 1 County Attorney. BOARD OF COUNTY COMMISSIONERS WELD COLORADO C.W., Kirby;_ Pro- — ene R,Bra ne Fran amaguc.i son ,E C000 4 ee dry 5O -A Wod 870449 vosew;;+e .1f'. Pt°poser' Si-ae 54.0 re -14 730poSPcy d S4 -o+ Fir e S4 or, 8'70449 MEMORA(iDum Clerk to the Board Ma 987 To Data Drew L. Scheltinga, County Engineer From Subjatt: Proposed Stop Signs at Yellowstone Drive and Yosemite (Hill in Park) Based on the traffic count of over 700 vehicles per day on Yellowstone Drive and because of the curved alignment of Yellowstone Drive north of Yosemitelthe Engineering Department recommends placing stop signs to create a two-way stop at the intersection of- YellowstoneDrive and Yosemite Street: > The stop signs would be placed on Yosemite Street making Yellowstone Drive the!thru road. Please place this item on the Commissioners' agenda along with the attachedsupport materials. DLS/bf xc: Commissioner Bill Kirby Road and Bridge .File: Hill 'n Park Subdivision 870449 OWAPMae. COLORADO MEMORAndum To Drew L. Sobeltiix, a, Coturty l2loinegR, may 21, 1987 From Marc Street, Road and Bridge Supervisor (Maintenance -Support) Subject: Proposed "Stop".signs at Yellowstone Drive and Yosemite Will IN Park) There havebeen several complaints regarding the value of traffic at the intersection o£ Yellagstone Drive and Yosemite_ Yellagstone Drive is one of the main entrances into the subdivision and currently the intersection is uncontrolled. I would recamend that this intersection be controlled with 2 -way "Stops" with Yellowstone Drive being the through road. Attached is a diagram of the proposed signing and a traffic count. cc: Commissioner Bill Kirby George Carrlall, Director, Road and Bridge Department Dave A. Becker, Assistant Director, Road and Bridge Departmerit R & B File:. Hill 'N Park Subdivision 8'70443 Guy Brenckle 4713 Yellowstone Drive Greeley Colorado'$0634 Drew Scheltinga, Director Weld County Department of Engineering Dear Mr. Scheltinga= I spoke with Mark Street in your Sign Department and he suggested that I write a letter to the Engineering Department. I am concerened with the traffic flow in front of my house at 4713 Yellowstone Drive. People are constantly driving their cars past my house in excess of 40 miles per hour. This is a residential area with a lot of small children and elderly persons who are frequently taking walks. There are no side walke or stop signs in Hill -n -Park_ The combination of these factors creates a very dangerous situation that is sure to end in tragedy_ I am requesting that stop signs and 15 mile -per -hour speed bumps be installed in Hill -n -Parka Especially in front of my house_ It is my opionion that the most dangerous intersection is at Yellowstone Drive and Yosemite (at the fire station). This should be a 4 -way -stop. There-ar many times when people have "almost- been in accidents at this uncontrolled intersection. Being close to the Little Store", this intersection handels at least half of all traffic leaving and entering Hill--n-Park_ I have two small children ( both under 3), and the rates of speed at which people drive by my house are very dangerous and nerve wrecking. -Two weeks ago two vehicles traveled past my house at speeds in excess of 50 miles per hour, squealing their tires and sliding around the corner at Yellowstone drive and Yosmite. A speed bump located in conjunction with the water drain at aprox_ 4711 Yellowstone Drive would decrease the chance of the happening agian. I will be contacting you In the near future to discuss my request_ If You would like to contact me, my daytime phone number is 353-0540 extension 2357_ e,5 c- rit c l yellow .T71 one. Set 1O`. ©O 57/1/(7 /D ze s/zofe9 taut eoani A6114 _ ‘6/ / x.72- 6CZAD 7- I Yes E.a�t; /C- Y6//Cal Se sit }/C5tis,i 7 ` Cc .5//4/77 f:ckti /1'f Z C> .size/f c, 7 � 1 «l `ca/4 f 2354/4 = 7/3 7 -i�u3 -- i v .31 LOCATION TEMPERATURE 704 WEATHER C0HD.ea2 N 1crAs. C.=1 /e /7(4 sf { /c' `‘,1 5 //t /: -?7 5/2e- c �aLt; ��tlsi1 7,fer/ s4‘f 4‘5 , 9Z C43/APT‘ PASSENGER VEHICLE'S PICKUPS SINGLE UNITS COMBINATION UNITS t TITLE 4B Na ti". rii'a /A-4 eo e.1hf SURVEY BY •�'=' DRAWN BY CHECKED BY DATE S//8/,% DATE Vieff DATE APPROVED BY COUNTY ENGINEER AA'e .Sub ye /tau s /me Sc COUNTY ROAD N0. 8'70449 WELD COUNTY DEPARTMENT OF ENGINEERING RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO SHOW CAUSE FOR REVOCATION OF AMENDED SPECIAL USE PERMIT #345 - MS CORPORTION WHEREAS, the Board of County Commissioners, o£ Weld County, Colorado, pursuant to Coloradostatute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 3, 1987, a hearing was held to show cause for revocation of Amended Special Use Permit No. 345, held by MS Corporation , and WHEREAS, after hearing the testimony presented, the Board deems it advisable to continue said hearing to June 24, 1987, at 9:00 a.m., in order to conduct an on -site inspection prior to said date and request representatives of the Greeley Soil Conservation District to determine which areas along the greenbelt required by Development Standard #2 of said Amended Special Use Permit are unsuitable for planting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to show cause for revocation of Amended Special Use Permit No. 345, held by MS Corporation, be, and:hereby is, continued to June 24, 1987, at 9:00 a.m., to` allow the Commissioners to conduct an on -site inspection of -the property and to allow representatives of the Soil Conservation District to prepare the' abovementioned determination. The. above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the: 3rd day of June,-p.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk -to the Board ent_ _cei eputy County-C3er APPROVED AS TO FORM: County Attorney !�L✓Oi../ BOARD -OF COUNTY COMMISSIONERS WELD COUDiTY, LOREDO Proem _ /4 2aelt te.. ene R. Br tner que'! ne ' o nson I Fran:maguc.i 870445 RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER REQUEST OF SUCRLA FARMS, INC. FOR A USE BY SPECIAL REVIEW 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 3rd day of June, 1987, at 2:00 p.m. for the purpose of hearing the application of Suckle Farms, Inc. for a'Use by Special Review for a 1,250 foot high radio transmitter tower, and WHEREAS, the Board received a request from Thomas E. Hellerich, Attorney representing the applicant, that said hearing be continued to allow him more time to prepare for the hearing, and WHEREAS, the Board deemed it advisable to grant the request of Mr. Hellerich and continue said hearing to July 8, 1987, at 2:00 p.m. NOW, THEREFORE, BE IT RESOLVED by Commissioners of Weld County, Colorado, consider the request of Suckle Farms, Inc. Review be, and hereby is, continued to July the Board of County that the hearing to for a Use by Special 8, 1987, at 2:00 p.m. The above and foregoing. Resolution was, on motion -duly made and seconded, adopted by. the following vote on the 3rd day of June, A.D., 1987. ATTE ��ott6nattz ST: Weld County Clerk and Recorder and Clerk to the Board eputy County APPROVED�AS TO FORM: c-� County Attorney, 7).C OE o BOARD OF COUNTY COMMISSIONERS WELD CO [I %COLOR O lei �n %ezerfc.(- 4 870444 RESOLUTION RE: APPROVE AMENDMENT OF USE BY SPECIAL REVIEW FOR OPEN -CUT MINING PIT ON AN ADDITIONAL NINE ACRES - WELD COUNTY 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, the Board of County Commissioners held a public hearing on the 3rd day of June, 1987, at the hour of 2;00 p.m. in the Chambers of the Board for the purpose of hearing the application of Weld County Corporation, 219 Highway 52, Erie, Colorado _ 80516, to amend a Use by Special Review for an open -cut mining pit on an additional nine acres on the following described real estate, to -wit: Part of the NW1 SW1 NE'1 SW'1 SW1/4 SW4 and the SE4,SW1/4 of Section 31, Township 2 North, Range 6$ West of the 6th P.M., Weld County, Colorado WHEREAS, said matter was originally considered by the Board on May 27, 1987, and continued to this date to allow Development Standard #4 to be rewritten, and WHEREAS, said applicant was represented by Timothy Beaton, Attorney; the -District 6 Water Users Association was represented by Jeffery J. Kohn, Attorney; and Central Colorado Water Conservance District was represented by Rim Lawrence, Attorney, and 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 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 0£ the Weld County Zoning Ordinance as follows: C Cd?G 7 ed "is &az, -774 au -.ac:, 870447 Page 2 RE: AMEND USR ^ WELD COUNTY CORPORATION The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. b. The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review because of its potentially greater impact on the district. The Weld County Extraction Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, less crop production on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction will be accommodated in these areas so long as appropriate extraction and reclamation standards are followed. c. At the present time, there exist two Use by Special Review permits on this section: USR-630:84:26 and USR-448:80:38. Both are operational open -cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the WeldcountyComprehensive Plan and the: Town of Erie,as indicated in a telephone conservation with Henry M. Epstein, Town Manager, on May 12, 1987. d The subject site is in a Flood Hazard -Overlay District Area. Development <Standards `address -this concern. 870447 Page 3 RE: AMEND USR - WELD COUNTY CORPORATION e. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety, and welfare o£ the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review for an open -cut mining pit on an additional nine acres on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2 The following note shall be place on the amended Use by Special Review 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 outlinedin the Operation Standards. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 1987. ATTEST: t Weld County, Clerk and Recorder and Clerk to the Board O c.P eputy County APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD CO LO_ •O Gor C.Wn Rirbv: Pro !/��c / ene R. Brant Nett agque airman tAtscre-- hson 870447 DEVELOPMENT STANDARDS Weld County Corporation Amend USR�-630:87:17 1. The Use by Special Review permit is for an amendment to Use by Special Review permit 4630:84:26 for an open -cut gravel mining operation on an additional nine acres, more or less, as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The open -cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3_ Vehicular traffic shall ingress and egress onto County Line Road, as shown on the submitted amended Use by Special Review plat. 4. The applicant shall fill in all of the pits created by the gravel mining operation on the nine acres which are the subject of this amendment so that no open water surface area is left exposed on this acreage_ Applicant shall apply to the State Engineer on or before June 8, 1987, for a well permit to allow the removal of ground water for gravel washing or other beneficial uses. The owner of the land being mined has agreed to and shall provide two acre-feet of water annually to offset the gravel washing use from one of the following water rights, either Boulder and Weld County Ditch or CTB, to be diverted and returned or delivered to Boulder Creek, for the period of mining on these nine acres. 5. All operations on said described parcel shall be in conformance with the Weld County Food Hazard Regulations including: A. NO fill, berms, or stockpiles shall be plzced in the one Elindred (100) year flood plain of Boulder Creek which would obstruct passage of flood flows; and Be All "fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings, shall be removed. 870447 Page 2 DEVELOPMENT STANDARDS - WELD COUNTY CORPORATION 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area l in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended USR-630:84:26 shall be paved for a distanceoftwenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road pavement. 8. The following signage shall be placed along County Line Road: A. One stop sign at the intersection of the access road and County Line Road to stop trucks and other vehicles prior to their entrance onto County Line Road; B. One sign at the intersection of the access road and County Line Road indicating no right -turn to direct trucks and other vehicles prior to their entrance onto County -Line Road of the specified south -bound haul route; and C. Two advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) miles per hour. Any stockpiled soil should either be seeded to a quick cover grass or legume or covered with straw mulch at the rate of two tons per acre. 10. Fugitive dust shall be controlled at all times. 11. The required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, and amended to reflect the increased size of the operation. 12. The required NPDES Permit shall be obtained from the Water Quality Control Division of the .Colorado Department of Health, and amended, if appropriate, for the increased size of operation. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator -shall be responsible for complying with the Operation Standards ofSection24.6 of the Weld County Zoning Ordinance_ 870447 Page 3 DEVELOPMENT STANDARDS - WELD COUNTY CORPORATION 15, 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 insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 16. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board o£ County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing _Standards may be reason for revocation of the permit by ` the Board of County Commissioners'. 17, 870447 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: DOCKET #86-60 Show cause - Amended SUP #345, MS Corporation DOCKET #87-23 Amend USR, Open -cut mining pit, Weld County Corporation DOCKET #87-26 USR, Radio Transmitter Tower, Suckle Farms, Inc. DOCKET #87-27 USR, Agricultural service establishment, Hamilton Farms NAME ADDRESS HEARING ATTENDING -/ Yr/ /d s cE.-e ieSALA4taie. yea" - 1//o4k<<r..S.,Au, zlo cr-4.ie, c« 870447 Revised Development Standard No. 4 The applicant shall fill in all of the pits created by the gravel mining operation on the nine (9) acres which are the subject of this amendment so that no open water surface area is left exposed on this acreage. Applicant shall apply to the State EngineerAfor a well permit to allow the removal of ground water for gravel washing or other beneficial uses. The owner of the land being mined has agreed to and shall provide two (2) acre- feet of water^ to offset the gravel washing use from one of the following water rights, either Boulder and Weld County Ditch or CBT,-to'be diverted and returned or deliveredtoBoulder Creek, for the ,period of mining on these nine (9) acres. 870447 RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER REQUEST- OF:WELD COUNTY .CORPORATION TO AMEND A USE BY SPECIAL REVIEW FOR AN OPEN -CUT MINING PIT ONANADDITIONAL NINE ACRES 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 27th day of May, 1987, at 2:00 -p.m, for -the 'purpose of hearing the application of Weld County Corporation, 219 -Highway 52,.Erie, Colorado 80516, for_ an.Amendment of a Use by Special Review for an open -cut mining pit on an additional nine acres for a parcel of -land located on the following described real estate, to -wit: _. Part -of the NW1 SM% .NE1 SW4 SUN SWa and the SE. SWn Of Section 31, Township2 North, Range 68 West of_the,6th P.M., Weld County, Colorado WHEREAS, Sections 24.7, 44.1, 44.2 and 44.3 of the weld County Zoning Ordinance provide standards for review of such amendment of a Use by Special Review, and WHEREAS, the Board of County Commissioners, after hearing the testimony and statements of those present, studying the request of the applicant and the recommendation of the Weld County Planning Commission, deems it advisable that this hearing be continued to June 3, 1987, to allow the Planning staff time in which to re -write Development Standard $4, and WHEREAS, the Board further determined that they will hear testimony concerning said Development Standard only. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider the request of Weld County Corporation to amend a Use by Special Review for an open -cut mining pit on an additional nine acres be, and hereby is, continued to June 3, 1987, at 2:00 p.m. BE IT FURTHER RESOLVED by the Board that testimony shall be allowed-concerning`Development Standard f4 only. P! o:1101-7 r, 87044'7 - 870423 ir Page 2 - RE: CONTINUE HEARING — WELD COUNTY CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, iadopted"by the-"Poilowing vote on the 27th :day of May, A.D., 1387. j f-nkry ATTEST: jr !� �^� !_• Weld County Clerk and Recorder and Clerk;to the Board • BY: h ib OD pique Deputy County C pique APPROVED :AS .TO FORM: Ajs1-_County_ Attorney BOARD OF COUNTY COMMISSIONERS WELD -COUNTY., COLORADO Gordon .E. Lacy, Chairman Gene R. Brantner EXCUSED DATE OF SIGNING - AYE J que ge- John spP - 870423 HEARING CERTIFICATION DOCKET NO-: 87-23.. AMEND USE BY -SPECIAL REVIEW -FOE OPEN. -CUT MINING PIT - WELD-comm.. CORPORATION A public hearing was conducted on Nay 27, 1987, at 2:00 P.M., -with the -- following present: --Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene-Brantner Commi"ssiener_Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the'Board, Tommie Antuns Assistant Connty_Attoorney,Lee D. Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Weld County Corporation to amend a Use by Special Review for an open -cut mining pit on an additional nine acres. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Swanson, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. She stated that this recommendation is subject to 2 conditions and 17 Development Standards. Timothy Beaton, Attorney representing the applicant, made his presentation to the Board. Mr. Beaton said he has concerns shout Development Standard #4, which refers to the acquisition of water rights or an augmentation plan. He said if the .corporation is forced to purchase water rights, it will not be able to continue doing business. Mr. Beaton said, in his opinion, Development Standard 04 is improper because the Colorado Supreme Court is currently considering the issue of whether gravel mining operations have water augmentation requirements. Mr. Beaton cited several water court cases which are presently pending. Jeff Kohn, Attorney representing District f6 of the Water User's Aasociation, made his presentation on water resources. Mr. Kohn said the Association is not requesting that this proposal be denied, but is requesting that there be a replacement of evaporated water due to exposed water surface: Mr. Kohn answered questions concerning water augmentation. (Let the record reflect that Chairman Lacy has been excused from the remainder of this hearing and it Is now being chaired by Chairman Pro-Tem Kirby.) Kim Lawrence, Attorney representing Central Colorado Water Conservancy District, made his presentation to the Board. Mr. Lawrence said he feels that Development Standard #4 should be retained and explained his reasons. Mr. Beaton and C.R. Taylor, proprietor of the corporation, made further comments. Ilk. Taylor said the approval from the Mined Land Reclamation Board will become effective when approval is received from the Board of County Commissioners. Mr. Taylor added that he is willing to fill in the ponds after he is no longer mining them. Mr. Lawrence said if Mr. Taylor i8 willing tp fill the ponds, Development Standard #4 is not neeeesary the way it la written. Richard Armatead, owner of the property, came forward to make comments to the Board. Following discussion, Commissioner Johnson moved to continue this hearing to June 3, 8t 2:00 pan., to allow the Planning staff time in which to rewrite Development Standard #4, including in het motion that the Board gill then only hear testimony concerning the amended Development Standard 04. The Matson tree seconded by Cummieeioner-seantear sad carried unanimously. 8'7044'7 870413 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Gordon E.Jeacy, Chairman' C.W. Kirby, Pro-Tem Gene R. Brantner Page 2 RE: CERTIFICATION - WELD COUNTY CORPORATION This Certification was approved on the'lst day-of-3une, I987. APPROVED: ATTEST:. Weld County Clerk and Recorder and Clerk to the Board BY: 1 Deputy County Clerk TAPE 087-40 • DOCKET 087-23, 870413 ATTENDANCE RECORD PLEASE write or print legiblyyour name, address and the: name of the applicant or Docket # for the hearing you are attending_ TODAY'S HEARINGS ARE AS FOLLOWS'. May 27, 1987 DOCKET #87-22 - USR, Livestock confinement operation - Jack Dinis DOCKET #87-23 - Amend IISR, Open -cut mining pit on additional.9 acres - Weld County Corporation DOCKET #87-24-_ USE,- Home business (beauty:shop) - Eva. Jean Sheets DOCKET 48T-25'- Substantial' change in C0Z'appli:cation '— Barbara Johnson DOCKET #87-19--`USR, Livestock -confinement operation - Gary Btagdon' a i ��.-may 49 A SS HEARING ATTENDING �y rrul rn� an - 4lrryr ‘rC- t L. ei s % w 7-n (L.ge y .%1r-}vmFlsr-ri2_ .�.8G49 WC F._. i 7� WiWaS0K. .Doer A67 /q fiaroAa TI')n �ti115041 Wi t1^1it2In4 a}, tsai" � k �7�-iy A ALAAikPIA ._ „le Gal uiG R t-7 tx.)t � �s�i �: e Vie/ '� tiV, /Agary ,/ _7 , / eni/. LE) T` ILA .&er /1S /ems d � i 1 Y. i.�s1FtlPr�rilH� f"�r .r7 � C �t �-17 A uk,i Pi a is -47-- IA.,�: pectm a-�37 ft�,L`o . �73i 0-e144ac,-.1 � ke41A-1 S A ✓ e c3 e w.' J.__ Q S sil o L � 1 i fr t --�th/ Sor Doe ire/ r � g7 - f g sg}„,f--ie .,St.\> � kv\ g l a«& 2c) e �2 �skJ clsoe- D0.24( Alex >e;kr.I eeP hies _:`�?o.(2{�c_ L44../1- r J. ('4.))1rvetn, Weld 156 D �� aze A --s- Weeded? 'GG t��1.7��xr ic 77 / 7(1-241au,-e„' - s'vs o 76 j 4 2!.1. eroy 9? -8) to i, 40 si to -04 fiLu testaL goantke;s'" t4e.1/46 Amt. 2- 333 ko r, fet ;L tiocj IT- rz 13,1,-gcbt' ?2- /q - 8-7- rci • /`-.%i-zet.c.es-0/ ?'s_tv-.:.7 3C sfzr/, /`�Qi,C ^d✓c0,./4'.ket 67--/7 cT � ,gr-$<.-- c. _.Act -TQlr`11:.SG‘ime-c9e T%r taticg 40 CVtn ix.. en -19 12, t417 _ . _— e ieG i� fir* �✓63 ce I 8'70447 l/1)-- y 7 put/5 1- L ATTENDANCE RECORD PLEASE.;write or print legibly-your.name,,address and the - name of the applicant. or Docket 4 for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: May 27, 1987 DOCKET 487-22 - USR, Livestock confinement operation -.Jack Dinis DOCKET 487-23 - Amend USR, Open -cut mining pit on additional 9 acres Weld County Corporation DOCKET 487-24 - USR, Home business, (beauty shop) - Eva Jean Sheets DOCKET 48.7-25 - Substantialchange in';COZ application - Barbara_ Johnson DOCKET #87-19 - USR, Livestock,confinement,operation Gary Bragdon NAME DI) ADDRESS HEARING ATTENDING 0//e(; aQnia kg- itta� 17- S' P..f-rv1 7_2-e ." . gbecc a aEa. ik. ntn 7Th 9r. , et2Eztai 53 - �C? J ,4� 9t9" 751-6 17 -it g <.I ..7 on. V* ca4-r OAT EVA 1-vich-"-g Q7- ?z, l � 2tGSz \ivC;2,) \-/;..r; a-7-12 iv-iPNit C3/2 iinza we 6‘ a^Bele,e, 6"/-cep,zeicl42/- 1,i 17-66.A,mega , 7 _ L _ 11 14 Itc' th g, so) /4, 4 y 412 - 'its, Y. 20. Tw• - tof3 4cVoivr SXa . "7:t )4/ F� 'c. F R 2 r &LC, Sit —at— Cis - �k6ti ttfis, Rd7404:4 ,en a2 J.PC t// 1„/9 7, Gi/. 1v n f -041144 _P2 27- .z3 `s7 — 8'70447 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 amendment to the Use by Special Review 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 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 yield County Centennial Center, 915 10th Street, Third Floor,, Greeley, Colorado. APPLICANT Weld County Corporation 219 Highway 52 Erie, Colorado 10516 DATE: May 27, 1987 TIME; 2:00 P.M. REQUEST: Amend Use by Special Review for an open -cut milling pit on an additional nine acres LEGAL DESCRIPTION: Part of the NW} SW} NE} SW} SW} SW} and the SE} SW} of Section 31, Township 2 North, Range 68 West of the 6th P.M„ Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County Road 14 and east of Weld County Road 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO PUBLISHED: May'14, 1987, in the Johnstown Breeze L- xrF'B� 8`?`0447 THE JOHNS -TOWN BREEZE . STATE OF COLORADO t ) ss COUNTY OF WELD t 1, Clyde Briggs, do solemnly swear ttust t am publisher of The Johnstown Breeze; that the amcis a weekly newspaper_ printed, in whole or in part, and published in the County of Weld, State of Colorado, and husa general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County at Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; tlutt said newspaper has been admitted to the United State. mails as second -elms matter under the provisions of the Act of March 3, 1117.1/. or any amendments thereof; and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the. laws of the Stale of Colorado. . That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of ;aid weekly newspaper for the period of consecu- tive Insertions; and that the first publication osaidnatircµ2ut_{nthci fssve of said newspaper date414 /.., A.D. 144 - and that the last publication of said notice was in the issue of said newspaper dated A.D.' 19 In witness whern( I have f"` unto set my!ltand this . day of . A.D. 19,61A Subscribed and sworn to before rue, a Notary Public in and for the County of W State of Color, this ...AC_ day of 2O`..: A.D. 19,2 .... AFFIDAVIT OF PUBLICATION State of Colorado County of Boulder 1 J. R. Hofmann ,do solemnly swear that the LONGMONT DAILY TIMES CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said, newspaper has been admitted to the United States mails as second-classmatter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said 'newspaper is a daily newspaper duly qualified for publishing legal noticesand advertisements within the meaning of the -taws of the Statebf Colorado; that a copy of each number of said newspaper, in which.: said notice of advertisement was publiahed; was transmitteit by mail or carrier to each of the subscribers of: said newspaper,' according to the accustomed mode of business in this office. Thafthe annexed legal, notice or advertisement was published in the:regular: and entire: edition of said daily newspaper once; and that one publication' of said notice was in the issue of said newspaper dated Mav 11 19 87 X37 AO• ,. _ . ,General Manager Subscribed and sworn to before me this 11th day of May FEE$ 27.50 - ,19 87 otary Public My Commission October 6, 1989 717104th oAvvame ODlaado 80601 ryy _'1! ra o Q Summary b£ the Weld County Planning,Commission Meeting May 19, 1987 . Page 7 CASE NUMBER: Amended USE -630:87:17 APPLICANT: Weld County Corporation REQUEST: Amendment to Use by Special Review permit 630:84:26 for an open pit mining pit on an additional 9 acres. LEGAL DESCRIPTION: Part of the NW} SW}NE} -SW} SW} SW} and SE} SW} of Section '31,'T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately two miles north of Erie; north of Weld County Road 14, and east of Weld County Road 1. APPEARANCE: C. R. Taylor, proprietor; `reported this, gravel operation has been in operation since Tune, 1984. They want to continue this for about five hundred feet, running north to south, or about nine more -acres of land. There is no more mining left"in`-the original Use by Special Review permit. Lee Morrison discussed a water augmentation plan and the State's position pending a decision by the Supreme Court. The Chairman called for discussion from the members of --the audience. Les Williams, S,:cretary-Treasurer, District 6 Water Users -Association, stated they would like to'eneer into a voluntary augmentation.agreement plan with Mr. Taylor. In this plan, some water rights would be given to the Water Users Association. `They are not against this 'proposal they just want to protect the water rights of the users. ' Rim Lawrence', Attorney, Central Colorado Water Conservatory District, reported the:District contains most of the major ditches between Denver and Greeley and` east, of Greeley. Their agreements' include' 'all phases of operation and' they try to get A 'voluntary` agreement. 'cheaper for for the gravel mining operations to build's pond than to restore the property. Tape 283 Side 1 - Ile felt the development standards' needed to changed to: The applicant must apply for a well permit and come to an agreement with the water users or the applicant 'must apply for 'and receive a ,well permit prior Ito starting 'operation, or the applicant shall apply to the water court' and be granted approval prior to starting operation. `The State Engineer requires one or the other. This gives the applicant three options (1) get an agreement with the !water 'users association; (2) apply fora well permit; or (3) appeal to the water <court. w 8'70447 Exiitsii Summary of the Weld County Planning Commission Meeting May 19 1987 Page 8 Lee Morrison asked if the group would be satisfied if the applicant got an agreement..ulth the St. Vrain Water Users. Association? Les.Williams stated they are more interested in agreements being made than wfiat,district the water rights are going to: AMENDMENT: Paulette Weaver moved Development Standard 04 be amended to read as follows: 4. The applicant shall seek an augmentation agreement with the appropriate water users and _apply for and receive a well permit .with the Division of .Water Resources to - comply with CRS, -37-90-137 or the applicant. hall apply for the well •permit and apply,to. the water court for a changein use and plan of augmentation: Motion seconded by Lynn Brown. Lee Morrison stated the Planning Commission should allow the applicant to comment on this. There is still a legal dispute at this time so the standard .may -:be inappropriate. Notice is sent to the State Engineer, Division of Water Resources, as part of the application process. Mr. Lawrence- reported If the Zigan Case is decided for the operators, the operators would get to take their water rights back. . Mr. Taylor stated he wished he had known this was going to be brought up ,because. he -would .have brought his, attorney with him. This is the old question -about where does the water flow .and who does it belong to. He has the water _rights to sign over, but he will not do this until -the' Eiger: Case is -decided.He pumps about. 350.gallon,per minute into Boulder Creek twenty. -four hours a day, 365 days a year, weather permitting. ` What the water users association is doing is trying to make him pay for evaporation before it happens. An operator cannot wait months or even years to start an operation._ If the Zigan.Case is decided. ,against the operators, he will sign the water rights over. He feels the Planning Commission is trying to out guess the Supreme Court and helloes not intend to be the_fell guy. This has been oa •held- far at least three. years now and he does'not Like seeing changes made,:in the middle of a stream.. Les Williams stated ragreements.foraugmentation,:_can be tailored to each. individual case. 8'70447 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 9 AMENDMENT: Paulette Weaver amended proposed Development Standard 64 to read as follows: 4. The applicant shall seek an augmentation agreement with the appropriate water usersandapply for a well permit withthe Division of Water Resources to comply with CRS737-90-137 or the applicant shall apply for the well permit and -apply to the water court for a change in use.and plan. of augmentation'_' Motion seconded by Lynn Brown. The Chairman called for discussion from the -members of the Planning Commission. Discussion.followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Lee told Mr: -Taylor that if die has disagreements on the agreement with the water."users this can be 'brought to the Commissioners -and and he:cam can. question this standard. The Chairman called for discussion from the members of the audience. There was none. The -Chairman' asked:. -Mr. Taylor if he had, reviewed the recommendation, conditions !'and development: standards as :outlined by the Department of Planning -Services' staffs: He stated he, had` and- they are, what: he has been operating under. MOTION: Louis Rademacher moved Amended Case Number USA -630:87:17 for Weld County Corporation for an amendment to a Use by Special Review permit for an open=pit-mining operation on.an additional.nine acres be forwarded,to the Board nf-County Commissioners with the Planning;Commission's recommendation for'approval.based.on-the:recommendations_and conditions as outlined.by the .Department,of. Planning .eServices'., staff,. the -development standards as outlined by the staffand amended by the Planning Commission, and the testimbny heard=by the members of'.the Planning.Commission. Motion seconded by -Paulette Weaver. Weaver: The Chairman called for, discussion Commission. .Discussion•followed. ; 8'70447 • Summary o£ the Weld County Planning.Commission-Meeting May 19, 1987 Page 10 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Lydia Dunbar - yes; Louis Rademacher - yes; _Paulette Weaver -'yes; rJack Holman - yes Motion carried unanimously. Tape 283 Side 2 The -'Chairman called a break at 4:55 p.m. The meeting was reconvened by the Chairman at 5:05 p.m. CASE NUMBER: USR-774:86:55 APPLICANT: Erie Road Joint Venture (Bob Marx) REQUEST: A Use by Special Review permit for auto LEGAL DESCRIPTION: Part of the Si of Section 15, Weld County, Colorado. LOCATION: North of Weld County Road 8,_ south of west of I-25. salvage..:: TIN, R68W of the 6th P.M., Weld County -Road 10, and The Chairman announced from the time the Planning Commission heard ,this case the first time, and the time it went to the Board of County Commissioners, there was a 'change in 'the amount- of acres - to be included;': in the. Use by Special Review area.- Therefore,the' Board of County Commissioners sent the request back to the Planning Commission to review again before any action is taken. Bob Marx, managing Joint Venturer, reported this is the cheapest parcel of land between Erie and Cheyenne with close access onto I-25. This cannot be seen from I--25, but it cam be seen froth .the. I-25- overpass. It is in a geological -hazard area, :and is dryland.:farm .ground. It, is ->in the urban -- development area for the towns of Erie and Dacono. There -are seven other business in this immediate area. There are two property:owners_who;can see this property- and both are outside the --five hundred foot surrounding property notification area. The Town of Erie supports mobile homes in this area, but the State Geological Survey says this is not a good development Area.'; , Gerry'-HoRae,-P.E., McRae --and Short, Inc.,.,reported he:did.the engineering and'planning'for this proposal: '.The three.miie.radius allowed by, the State for a -town or municipality to comment.on what development transpires allows them some control on- twenty-eight square miles or fifty acres,;more,or less. The Chairman called for discussion from the members -of the audience. Hank Epstein, Community Developer, Town of Eris, reported he is representing the Erie Planning 'Commission<and the Board of Trustees: Ther are trying to make the three mile radius they are allowed.to comment on.compatible with Weld, Boulder, and'Adams County.` These plans -are not compatible with either Erie's or Weld County's Comprehensive -Plans. Also, when the application materials were reviewed,'inconsistencies as to the size and type of 8'70447 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by ;Louis Rademacher that the following resolution.be introduced for passage by the Weld County. Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: WED tflI IONINitN®IS CASE NUMBER: Amended USE -630:87:17 Lr 1 R } NAME: Weld Count Corporation. County MAY 2 2 9987 g; ADDRESS: 219 Highway 52, Erie,- co 80516 motssuseicoLo. REQUEST: An amendment to _Ube by Special Review permit- 630:84:26 for an additional 9 acres, more or less,` used as -an open -cut gravel mining pit LEGAL DESCRIPTION: .Part of the NW} NE}, SW} SW}, SW} SW} -and the SE} SW} of Section31, T2N, R68W of the 6th P.M., Neld County, Colorado LOCATION: -Approximately 2.miles north of Erie; north of Weld County Road 14 or State-Highway,52, and 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 withapplication 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 24.3.1 of the Weld County Zoning Ordinance as follows: The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged In these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. The proposed use is consistent with the intent of the Agricultural District and is ;provided for as a Use. by, Special Review because of its potentially`; greater impact on the district. The Weld County_ Extraction Plan states that', the impacts of: surface mining in 870447 bhi/S/T tg Weld 'County ;Corporation IISR-630:87.17 Page 2 nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, less crop productive on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thua, as an overall approach, extraction will be accommodated in these areas so long as appropriate extraction and reclamation standards are followed. At the present time, there exist two Use by Special Review permits on this section: IISR-630:84:26 and USR-448:80:38. Both are operational open -cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the.surrounding area as projected, by the Weld County Comprehensive Plan and the Town of"Erie, as indicated in''a telephone -conservation with Henry M. Epstein, Town Manager, on May 12, 1987. The subject site is in a Flood- Hazard Overlay District area. Development Standards address this concern. Use by Special Review ,Operation and design Standards ,provide adequate, protection of ,the health, safety, and welfare of the neighborhood and the -County. The Planning Commission's recommendation for approval is conditional upon the following: 1 The attached standards for Uae by Special Review be,adopted and placed on the amended Use by Special Review plat prior to recording: 2. The following note shall be place on the amended Use by Special Review 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„Operation Standards. Motion `'secondec by Paulette Weaver. 870447 %weld County,Corporation - tMR-630:87.17 Page 3 Vote- .` For Passage Against Passage LeAnn Reid Lynn Brown Lydia Dunbar Louis Rademacher Paulette -Weaver Jack Holman 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, Bobbi.'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.Planaidg Commission of Weld County, Colorado, adopted on May 19, 1987, and recorded in Book No. -%I of the -proceedings of the said Planning Commission. Dated the 20th day of May, 1987. ol,,lx, ° o oe:, Bobbie Good Secretary 8'70447 DEVELOPMENT STANDARDS Weld County Corporation Amend IISR-630:87:17 i 1. The Use by Special Review permit is for an amendment to Use by Special Review permit #630:84:26 for an open -cut gravel mining operation on an additional nine (9) acres, more or less, as submitted in the application materials on file in the Department o£ Planning Services and subject to the Development Standards stated hereon. 2. The open -cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and egress onto County Line Road, as shown on the submitted amended Use by Special Review plat. 4. The applicant shall seek an augumentation agreement with the appropriate water users and apply for a well permit with the Division of Water Resources to comply with CRS -37-591-37, or the applicant shall apply for the yell permit and apply to the water court for a change in use and plan of sugumentation. 5. All operations on said described parcel shall be in conformance with the Weld County Food Hazard Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of Boulder Creek 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 flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended IISR-630:84:26 shall be paved for a distance of twenty (20); feet from County Line Road to avoid gravel and dirt contamination of' the .County Line Road pavement. 8. The following signage'shall be placed along County Line Road: A. One (1) atop sign at the intersection of theaccess road and County Line Road -to stop trucks and other vehicles prior to their entrance onto County Line Road; 8'70447 Development Standards Amended'USR-630:87:17 Weld County Corporation - Page 2 B. One (1) sign at the intersection of the access road and County Line Road indicating no right -turn to direct trucks and other vehicles prior to their entrance onto County Line Road of the specified south -bound haul route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed o£ thirty-five (35) miles per hour. 9. Any stockpiled soil should either be seeded to a quirk cover grass or legume or covered with straw mulch at the rate of two (2) tons per acre. 10. Fugitive dust shall be controlled at all times. 11. The required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, and amended to reflect the increased size of the operation. 12. The required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and amended, if appropriate, for the increased size of operation. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 16. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations.- Any material deviations from the plans or 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 plane or Standards are permitted. Any other changea shall be filed in the office o£ the Department of Planning Services. 870447 Development Standards Amended USR-630:87:17 Weld County Corporation Page 3 17. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance :with any of the foregoing, Standards may be reason for revocation of the Permit,by the Hoard' -of County Commissioners. 8'70447 INVENTORY or ITEMS SUBMITTED FOR CONSIDERATION Case Number eva -aso s? 1. Application Pages 2. o- Application,plat(s) ..g-page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5 DPS Surrounding Propery Owner Mailing List 6 DPS Mineral Owners Mailing; List 7 N3' DPS Maps Prepared by`Planning Technician $ DPS %gtice of -Rearing 9. DPS Case.Summary Sheet 10. DPS Field Cheek 11.. 12. 13. 14. 15. 16..- 17: 18. 19. 20. I hereby certify that the /13 items Department of Planning Services at or hearing.,' I -further—certify that these Board's office on iy �2 STATE OF COLORADO COUNTY OF WELD Submitted or Prepared Prior to Hearing At Rearing identified herein -were submitted to the prior to the .scheduled Planning, Commission items Were forwarded ,to the Clerk to the TM v‘a SUBSCRIBED AND SWORN TO BEFORE ME THIS 2.2,7 DAY OF Nps a 19 Rein r0 P.Y PUBLIC My Commission Expires Feb. 13 1989 M4 COMMTSST0N EXPIRES .0,40/8i7 8'70447 RESOLUTION RE: GRANT REQUEST OF C.R. TAYLOR, REPRESENTING WELD t.ounTY CORPORATION, TO PRE -ADVERTISE AMENDED USE BY SPECIAL REVIEW 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 administeringthe affairs of Weld County,`Colorado, and WHEREAS, C.R. Taylor, representing Weld County Corporation, has submitted a` letter to:.the.Board requesting that an Amended Use by Special:Review application be pre -advertised, and WHEREAS, a copy, .o₹ said letter of request is --attached hereto and incorporated herein .by. reference, and WHEREAS, after ,,review,. the Board deemsit:appropriate to grant said request to pre advertise this matter and schedule the hearing date as May 27, 1987, at 2:00 P.M. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of C.R. Taylor, representing Weld' County Corporation, to pre -advertise an Amended. Use by Special Review application be, -and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the hearing date be, and hereby is, scheduled for Nay 27, 1987,, at 2:00 F.M. 8'70447 7i :.^ 4 .' % r1• . (4J _ 870326 Page 2 RE: PRE -ADVERTISE AMENDED USR - WC CORP. The above and foregoing-Resolution.was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 1987. ATTEST: Weld County and Clerk to BYE_. % /-yt,-rrK2.: „ i l eputy County C APPROVED AS TO FORM: ��.e.-- - " County Attorney trA-,14 r - J EXCUSED BOARD-OF:COUNTY•COMMISSIONERS WELD COLO EXCUSED DATE:OF SIGNING - AYE C.W.-Kirby, Pro-Ten- Gene'R: Brantner \Ai Franke; Yamaguchi: 870447 870326 April 27, 1987 �y n' i rir af' �t ^.:-+rr WELD COUNTY COMMISSIONERS rii 1t i ;n APR T1987, � . f Gentlemen 'L% a Lit le L. GREED. CC -O. 1 respectfully request that the nine acre Armstead Amendment be preadvertised. 1 understand that by preadvertising 1 can be approved by the County Planning Department to go back to work on June 2, 1987. Gentlemen, 1 desperately need this request granted. We are now out of rock to process, and 1 have eleven employees that have been with me for the past two years and ten months, that have homes, automobiles, etc., that will be unable to find another job due to present conditions in our field of work. By granting this request, we will only be out of work for five weeks, and we will be able to overcome it. If the request were to be denied„l would be unable to keep my business intact and my employees paid for the additional six weeks. Gentlemen, since I opened the pit in June, 1984, l have abided by all rules and regulations, and to my knowledge have had no complaints. I pay the County $15,000 per year in personal property taxes. My payroll is $23,000 per month, and those employees all live in the area of Del Camino and Longmont. If I am granted this request, we will be able to stay in busi- ness and continue our plan of operation, which will allow us to continue to work in Weld County for the next twenty years. Thank you for your consideration. Yours truly, WELD COUNTY CORPORATION gie C. R. Taylor, President, Letter guaranteeing payment of newspaper advertising enclosed. 870447 i EXHIBIT INVENTORY CONTROL SHEET ass% mozaf e?"-zezer Exhibit Submitted By .6'/ . ye�� fr g. l� 9- S 7°914 > E• Tq€474z i, d %1?7tltaion Exhibit Description e.7-��a79 F. 7'.�6 Logwa r-1 K. azee,idy lez&A;x46 SeedecLiv-i, „eliZenla,0.1LIZAC 870447 Date: May 19, 1987 CASE NUMBER: Amended USR-630:87:17 NAME: Weld County Corporation ADDRESS: 219 Highway 52, Erie, CO 80516 REQUEST: An amendment to Use by Special Review permit #630:84:26 for an additional 9 acres, more or less, used as an open -cut gravel mining pit LEGAL DESCRIPTION:. Part bf'the NW} NE}, SW} SW}, SW} SW} and the SE} SW} o£ Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County, Road I4 or State Highway 52, and 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 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 24.3.1 of the Weld County Zoning Ordinance as follows: The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. The proposed use is consistent with the intent of the Agricultural District and is provided forasa Use by Special Review because of its potentially greater impact on the district. The Weld County Extraction Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those mining operations located' on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, -less crop productive ona per/acre.basis, and -the impacts on water distribution systems: The proposed site is -located on nonirrigated land. .Thus, as an overall approach,extraction will be accommodated in these areas.so long as'appropriate extraction and reclamation standards are followed. 870447 Weld County Corporation, USA -630:87:17 Page 2 At the present time, there exists two Use by Special Review permits on this section: USR-630:84:26 and USR-448:80:38. Both are operational open -cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the Town of Erie, as indicated in a telephone conservation with Henry M. Epstein, Town Manager, on May 12, 1987. The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. Use by Special Review Operation and design Standards provide adequate protection of the health, safety, and welfare of the neighborhoodand the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: The attached standards for Use by Special Review be ,adopted and placed on the amended Use by Special Review plat prior to recording, 2. The following note shall be place on the amended Use by Special Review 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 Operation Standards_` 8'7044'7 DEVELOPMENT STANDARDS Weld County Corporation Amend USR-630:87:17 1. The Use by Special Review permit is for an amendment to Use by Special Review permit 0630:84:26 for an open -cut gravel mining operation on an -additional nine (9) acres, more or less, as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The open -cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and egress onto County Line Road, as shown on the submitted amended Use by Special Review plat. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that an augmentation plan is required, a water augmentation agreement will be made with the appropriate water district andthelandowners. 5. All operations on said described parcel shall be in conformance with the Feld County Food Hazard Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of Boulder Creek 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 flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended USR-630:84:26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road, pavement. 8. The following signage shall be placed along County Line Road: A. One (1) stop sign at -the intersection of the access road .and County Line Road .to stop trucks and other vehicles prior to their entrance onto County Line -Road; 870447 Development Standards Amended USR-630:137:17 Weld'County Corporation Page 2 B. One (1) sign at the intersection of the access road and County Line Road indicating no right -turn to direct trucks and other vehicles prior to their entrance onto County Line Road of the specified south -bound haul route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) miles per hour. 9. Any stockpiled soil should either be seeded to a quick cover grass or legume or covered with straw mulch at the rate of two (2) tons per acre: 10. Fugitive dust shall be controlled at all times. 11. The required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, and amended to reflect the increased size of the operation. 12. The required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and amended, if appropriate, for the increased size of operation. 13. The property owner or operator shall be responsible for complying with the Design Standards ,of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations: 16. The Use by Special Review area shall be limited to the plans shown hereon and governed by tha foregoing Standards and all applicable Weld County Regulations. Any. material deviations from the plans or 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 plans or Standards are permitted. Any other changes. shall be filed in the office of the Department of Planning Services. 8'7044'7 Development Standards Amended USR-630:87:17 weld County Corporation Page 3 17. The property owner or operator shall be responsible for complying with all of the "foregoing _Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of ;County Commissioners. 8'7044'7 LAND -USE APPLICATION SUMMARY SHEET - CASE NUMBER: Amend USA -630::87:17 NAME: Weld County Corporation ADDRESS: 219 Highway 52, Erie, CO 80516 REQUEST: Amendment to Use by Special Review permit #630:84:26 for an open -cut mining pit on an additional 9 acres LEGAL DESCRIPTION: Part of the NW} SW}, NE} SW}, SW} SW}, and the SE} SW} o£ Section 31, T2N, R68W-of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County Road 14, east of Weld County Road 1 SIZE OF PARCEL: 9 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of Use by Special Review Application for a toning permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and Mineral Resource Study. The Department of Planning Services' staff has received specific recommendations from the -following referral entities: -Weld County Health Department Longmont Soil Conservation District Water User Association -District #6 Copies of these referral responses are included in this summary packet. Referral responses, have not been received from the following: Colorado Department of Health Erie Planning Commission Boulder County Planning Commission' Boulder County Public Works No objections, from Surrounding Property Owners have 870447 d 'fit :\ r I. - f• • • ••- N' \.-..!_ • I /;}^ ;.•q�s / . p `• � cO'4 T IS . ze} Is :I N .(iissj- > ',.60',42, 4.,‘ (,t �r 32 T3N. a . l// - t� nom-: �.p"I - r l•pt d I' •\.. 1 11» ../ • w t.»! 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' ' w _ L44�.o �..� r Cr •16 _ a k _ =1 Pr '"' � • .,•:- I: . . l t ^:wc r �ti v� • •on•.,•• AY • ' M I %• .r�� Its 14 f ..Ca/VI' a • err Ike '` Al ` )> .r. p4 '-"";:519n!1 L:.r I bnq{� 1 � �`_ , a ro �� .v • { y; )t •i/ j.;� p. .. a s• /..r ▪r—::., . .. .• a... 12 • •�. :11?. // ?. .,(J _ E .c I'm G- (4. I. - M 1O .� . -.rry 1i 1 p (,JJJ _• !t t • {�L. •iE� n ` I• p °:t i f . � » Crit.& jFt . • n . At s j ' `I ,moo " 1 •TIN _ _ a • ' i su. /. f'1al.i i� • 1• » f a• •j(: , ' R•to, % o.L�a .� •�v. .. . r."•i W t 'r 1 123 (/ / rp :: ,..., 9 ) 6 .O !i— �•.w"° '/�Iit• ''4' Ce.w j5:•• e ^ 41.-:�',I..�� n 1, l�� _k • Iql is per• is ^t°I'•Y• is m .. 1 • ....nrxi7, Y , ➢ j 7 •r4 1 o• hs+ fr -1 n /.A • • •• • (I - } 7 .. b.'• '' 3) Y r 'a Y g , ` 0 .a Cw Y Y 1 to _ f �• j • 2 t l M p . .. • sr. n z....•• ,.•. .�r ,)�h . • .OASE; ��. . •'i., I. . . • L. ` • / s a / R.68NW •• moo'.; M: 1' ' A I N 67 W. 'Z I M •. : A DAMS +R is • 1 3 5 7 9 11 '13 15 17 1? 21 23 25, 27 ', 870447 } a957 /JM1�. ^'i ` -okl Hi r , - il''...t";Vq-A t ti, n ;_t�+.5,Y 4��-v�tyy. ♦ , k.a r . .1. y -ff., _5*. [ I ♦ + 'lie•- 'i r �e -st.. •er• y 'zr. . 4LyC Y-^,♦ t f_. 1. s �°Sa y!"'� / . , r.',-.2;:is 'Y�.w.y�•x: " - ,i ' ;4 i v k'"`re ' ^: -"t#�'$7> - '23.`,r t..F c-Kit s/ "4147't. •' + WL'x ]v ''-‘1.7,1 ' f 21. !�,�� • ryes- z4.64.-'♦ _._ya :.--t • 4t, GD f ' air -- y"_.rp �vi *� 4 ' '4 i, 7 4.. • '� ^ ice+ .r is-,4:" '' - ,Mi f 1 .� T� ?Cl [� rt• { Si�l. ASS -.._F- �•F,y_� �. . •.�['t{`f -'Q t,., i Xr�~,rc ,'i. �.. � +.".siLJf6�Y. �a'n1��...,. Y41t.... eoor .1 . • J ..,,t,-t. .. • ci r « Y 7 �. P obi ' j `_ '� "1a>s TTa . 't •• w at v � w 1 , titLc _ w { ♦. f F 2 re A. k 7,1. ..p..r ,' r III •• . b .ust-6O AU_ P 1\ staittlal ,a 5~ / V%J • ' an• - ' • j` �.. r O,29//}}per ^ _ `!t4;. k� ' �` ` { ~ f' -, REFERRAL LIST APPLICANT: Weld County Corporation - CASE NUMBER: Amended USR-630:87:17 SENT REFERRALS OUT: April 21,,1987 NO SR NR County Attorney IC Weld County Health Dept. • Engineering Department County Extension Agent • Office of Emergency Hxgmt • State Engineer Division of Water Resources 1313 Sherman St.. Room 818 Denver, CO 80203 • State Highway Department 1420 2nd Street Greeley, CO 80631 S ` Colorado, Department of Health Water Quality Control Division 4210 East Ilth Avenue Denver, C0 80220 % Erie. Planning Commission c/o Town Clerk P.O.'Box 98 Erie, CO 80516, REFERRALS TO BE RECElvr.D BY: May 4, 1987 % Louis Rademacher Planning Commission Member 13184 Weld County Road 13 Longmont, CO 80501 % CaptainWilliam Emerson Longmont Fire Protection District 9119 County Line Road Longmont, ;CO 80501 NO..N0 Objection SR•SpecificRecommendations NRBNo Response N0 SR NR Longmont Soil Conservation District 9595 Nelson Road -11.0. Boa D Longmont, CO 80501 % Water Users Association District #6 c/o Wallace Grant P.O. Box 978 Longmont, CO 8050'_ % Don Bogart,'Biologist Colorado. Division of Wildli£e_Northeast Region 317 West Prospect Fort Collins, CO S0536 S Boulder County Planning 13th and Spruce Street P.O. Box. 471 Boulder, CO 80306 % Boulder County Public - Works -Department c/o Jack Boyers- P.O. Box 471 Boulder, _CO 80306 870447 8'x`0447 a Longmont Soil Conservation District 9595 Nelson Road, sox D - Longmont, Colorado 80501 , April 28, 1987 Mr. Brian Single Weld County Department'of Planning Services 915 30th Street' Greeley, CO 80631 Re: USR-630:87:17 Amended — Meld County .Corporation Dear Brian• The proposed reclamation plan for the expansion of the Armstead Pit appears to be adequate. Temporary erosion control, however, has not been addressed properly. Any stockpiled soil should either be seeded to a quick cover grass or legume or covered with straw mulchatthe rate of two tons per acre. Fugitive dust should be -controlled at all tines. A 4:1 side slope on at least one side of the pond is recommended for safety reasons. Since -native grasses are.to be used, mulching should be required due to the unpredictable nature of native seed germination. Mulching at the rate above wi1l.provide adequate wind erosion control until -the grass seeding is established. Sincerely, G Luther Stromquist' President LS:rah CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT WATER USERS ASSOCIATION DISTRICT 6 ?7-60 INDUSTRIAL CIRCLE Suite B tONGMONT. CU 80501 April 30, 1987 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Application of Weld County Corporation Case No. Amended USR-630:87:17 Water Users Association of District 6 is an organization of approximately 45 agricultural, municipal and industrial users on Boulder Creek. The users hold senior water rights on Boulder Creek. The above referenced gravel mining operation will cause additional evaporation of ground water by exposing ground water to the atmosphere which results in evaporation__ The evaporation occurs at a rate 2.58 acre feet per year on the average for every acre foot of exposed water surface. As a result, the flow in Boulder Creek is decreased by 2.58 acre feet per year for every acre of exposed water surface after the mining operation is completed. Therefore, the applicant's statement in Exhibit G that the operation will not affect the ground water and surface water regime in the area is false as both will be affected. These depletions will materially injure the vested water rights of the senior water users represented by this organization. Another area of concern to the Water Users Association is the proposed water use for dust control and wash plant operation. The applicant has proposed purchasing water for these uses from the landowner. Any water purchased from the landowner should be checked to show whether industrial use is allowed under the water rights decree. The proposed use may require a change in water rights and an augmentation agreement. In the past, sand and gravel miners have voluntarily entered into agreements with this organization to replace their de- pletions to Boulder Creek. The Water Users Association District 6 thereby requests that Weld County not grant approval of this amendment until and unless the applicant enters into an agree- ment with the Water Users to replace all of its depletions to Boulder Creek. In the absence of this, our vested property rights will be injured. Please contact me -if you have any questions or need further information. Please advise as ,to when this the Planning Commission for hearing. will go before eslice J, williams'.Jr. Secretary of Water Users Association District 6 8'7044'7 Att.*. W�b�o COLORADO • Brian Bingle Current Planner May 1, 1987 TO Date Drew L. Scheltinga, County Engineer From - Weld County Corporation - USA -630:87:17 Su67eor It is my understanding the access to be used for the mining operation under this application is the same one that was used in the previous operation. Also, it's my understanding the existing signing on County line road is in accordance with Boulder County's recommendation for the original mining operation. This stretch of County line road is maintained by Boulder County in accordance with agreements between Boulder and Weld Counties. Since Boulder County is more familiar with this stretch of roadway I would recommend we requirewhatever measures are requested in the Boulder County response to this application. IS/bf xc: Planning Referral File: Weld -County Corporation 8'7044'7 fit COLORADO To Ktom Case Number: Amended USE 630:87:17 Name: Weld Co. Corp. subject: • • ORA(MU Weld County Planning April 28, 1987 Cate Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: I. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health and amended for the increase size of the operation. 2. Required NPDES Permit shall be obtained from Water Quality Control Division of the Colorado Department of Health and amended, if appropriate, for the increased operation. 1044'7 APR 28 1987 Weld Co- nar.rilnt vasabssjor DATE OF FILING NUMBER: Amended USR-630:87:17 INSPECTION: May 4, 1987 NAME: Weld County Corporation REQUEST: Amendment to Use by Special Review. permit for an open -pit mining operation on an addition 9 acres, more or less LEGAL DESCRIPTION: Part of the NW} SW} NE} SW} SW} SW} Section .31, T2N, R68W of the 6th Colorado. and the SE} SW} of P.M., Weld County, LOCATION: Approximately 2 miles north of Erie; north of Highway 52 and east of Wald County Road One LAND USE: N Turnpike Mining Pit, SDP -249 E Oil wells, grass pasture, S Residence, mobile home park, Righway 52 W Weld County Road -One, Boulder County, Boulder Creek ZONING: N Agricultural, (SUP -249) E Agricultural, (SUP -249) S Agricultural, C-4 (Commercial District),2-398,-and USR-790 W Agricultural COMMENTS: There in one (1) access to the property from Weld County Road One, which is a proposed county arterial. Exit onto Weld County Road One is limited to a left-hand turn; right-hand turns are forbidden. This particular portion of Weld County Road One 14 maintainM -by Boulder County. The makeup of the site consists of the pits, the rock aggregate stored in mounds, accessory structures, and the storage o£ heavy, equipment. an saner 8'70447 SURROUNDING PROPERTY OWNERS . Amend USR-630:87:17 Weld CountyCorporation' Cinque Land Corporation c/o Fred L. Spallone, Incorporated Fighway 287 and Midway Boulevard Broomfild, CO 80020' Richard L. and `Joan `M. Armstead., 219 Highway 52 Longmont, CO ,80501 Robert: T. and Joan B. Anse1mi 683 West Crestline Avenue Littleton, CO `'80120 O.W. and Billie Jean Smith 29 Highway 52 Longmont, CO 80501 Richard L. and Joan M. Armistead 219 Highway 52 Erie, CO 80516 Robert T. and Joan B. Anselmi 683 West Crestline Avenue Littleton, CO !80120 Becky R. Joseph 5404 East 33rd Avenue Denver, CO 80207 870447 AX7,74NC:EEht-r LAhiDcauirJERS Cinque Land Co. c/o Fred L_! SpalionE::Inc. Highway 287 &-Midway Bl mod_ Broomfield, Colorado 90020 Richard L. .and Joan M. 219 Highway 52 Longmont, Colorado Rr+17•?r.t T. and .Joan B. Anselmi 637=7 Sal., •_re=_t7 ine Avenue Littleton Colorado 80120 P-1 Ws. -\a Ce LocY, APusR,-lv3 0 E X I -a 2. Et 11- F. 87044 .-110Tica os.wR±c Humana l Tee weld Corny meaning; Commhelen will condor:tMe nnb:a , - . 11987, st . 9ng on 0. pm 20 review a 1.. request for approval at emended USR43theT:11 for an amend - Met to USRl60.8s26 tar an ' 'OpsmmR mining pit on. an:eddi- t�o�nlalQ 9�aoogme more or less from I Pe+tM 61 i tX0 .a ppe�rrtt of the NW%SYM NEW 1611114 49/14 SWIG athe SE% nd R66wof SW Of 6th P.M. 31 12N. colors % tabu q 9 YMet mom or Iaron ------ `n north rnillt north of wale County Road t end east at weld Corny ROW The pubes nearing to be held by the wild County-FlaggCounty-Flanntne r,oro Maslen lor the considerMlort of Me abovereferencedrequest Mil beconducted +n the Weld County Commisalonere Hearing Room. First Floor. weld County Center* nisi Center. 916 Tenth' Strait o`a to �« request *have besubmittedIn wrappb��rtm eegrnt�� the weld � County De of Banning Sennett 918 Tenth Strait Room 342. Grits% Colorado 60631, before ten aboveeat* Or preWded at public ,. -.t a nearing On Mar IA Copies of the epp9cation acs j anea* for public insppeWgnNann In , �.. , ROOT 342. Weld t CountyBarrioCentennial Caritas 916 Tenth SLeK3� _ �ejr._ �� -t Ollarl. Chairman Wald Jack Nco planning ' i1 . CommWbn::. 1 To be published in tre Johns- torn amaze To be publ4bed ohe c11 lone br .T May i 1967 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO i i ss COUNTY OF WELD i 1, Clyde Briggs, do solemnly swear that 1 am publisher of The Johmto»n lirctse; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld. Slate of Colorado. and has a general circulation therein; that - said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has. been admitted to the United States mails as second-class matter under the provision; of the Act of Alarch 3e 1a79, or any. amendments thereof, and that said newspaper is a weekly newspaper duly qualified, for publishing legal notices and advertisements within the meaning of the. laws of the State of Colorado. That the annexed legalnotice or advertise- ment was published in the regular and entire issue of every number of§§aid weekly newspaper for the period of .J-- consecu- tive insertions; and that the first -- publication of said notice was in the is ue of said newspaper dated _i—V. A.D. 1SS -- and- that the last publication of said noticc was in the issue of said newspaper dates' A.D. 19 In witness whereof I have hereunto se my handsthis ...3.G.7day of A.D. 19.4.7. Publisher Subscribed and sworn to before rite, Notary _Public in and for the County c w,7j�� r.ld State of Colorado is ar'j�• day c L.Gatrf�sr. A.D_ 19sf.... , gi-° Notary Puldi MY commission Lire 1agZa, }3g7 ? Sae -tit pansh:rAvenue I�� ;,1n-n�.vn CO, 80534 870447 ROY ROMER Governor JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 8020.3 - (303) 8863581 Mr. Brian Bingle, Weld County Planning Department ' 915 10th Street Greeley,r CO 80631 May 12, 1987 Re: Weld County Corp., Amended USR-630:87:17 Sec. 31, T2N, R68W Dear Mr. Single: We have reviewed the above referenced proposal to expand a gravel opera- tion into another nine acres (72 acres total). The operation will now create a 43 -acre ground water lake. All the comments made in our letter dated May 11, 1984, are still applicable. The application states that the final use after reclamation will be open space. We do not believe that this qualifies as an acceptable "use". Should Weld County Corp. claim and show there is not a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would order Weld County Corp. to cease operations in compliance with Section 37-92-502(2), CRS (1973). Also, on page E-2, the applicant states that the operation is in "compliance with applicable Colorado water laws and regulationsgoverning injury to existing water rights." Our office feels that they are not in compliance with the Colorado Water Laws. We cannot recommend approval of this application until the above refer- enced issues are addressed. Further, we will order Weld County Corporation to cease operations if our Water Commissioner determines water is being diverted illegally out -of -priority and will injure existing senior water rights. Sincerely, 214f4a7fliv HDS/JCM:ma/9991I Hal D. Simpson, P.E. , Deputy; State Engineer cc: Alan Berryman, Div.`Eng. Morgan Bentley, Water Comma Jim McArdie, "LRO 8'x'0447 !1 MAY 1 a 1987 n pIi r' tr1 i - ! L -d wair: D _ Nacata. "ictaWtaisi. DEPART" -NT OF PLANNING SERVICES PHONE (303) 358.4080 EXT. 440O 915 70th STREET GREELEY. COLORADO 80631 NOTICE OF PUBLIC BEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, May 19, 2987, at 1:30 p.m. to review a request for approval of amended DSR-630:87:17 for an amendment to USA -65O:84:26 for an open -cut mining pit on an additional 9 acres, more or less from Weld County Corporation the parcel, of land is described as part of the NW} SW} NE} SW} SW}. SW} and the SE} SW} of Section 31, T2N, R68W of the 6th P.M., .Weld County, Colorado, containing 9 acres, more or less. The property is located approximately 2 miles north of Erie; north of Weld County Road 14 and east of Weld County Road One. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners* Hearing Room, First Floor, Weld County Centennial. Cenvar, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department o£ Planning Services, S15 Tenth Street, Room 342,1 Greeley, Colorado 80631, before the above date or presented at the public hearing on May 19, 1987. Copies of the: application are available for public inspection in the Department of Planning Services, Room 342, Weld -County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone — 356-4000, Extension 4400. Jack Holman, Chairman Feld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 4, 1987 Received by: Date: 870447 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY; ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 4 O. -1- Q/Li:a z y Nw 672 - ton,. moni , G -O 'U,5 0./ �FAn/ S./77 /771 13,3 - 3; - 0Uo c>OG le/e//4/Lo L - Tv.4"./ fJiPrn STgyjv 13 13 - 3 i - vvv oc,7 z/`r NHS 5Z �.4i cr. co go 5-/ Q�ei/f+,L. 4 .70AN rn. psi 4D 1313 37 - voo (2%.7y(2%(2%.7y7 ✓ , Co go54 /Po eft- ¢T T- .Tv/3^/ Q .9T./ sFLrn/ i 3 i 3 - 3 Y °cw 00ci chi Sri Lu C1ee e . L/TTLF To/V, (�U to/2a - 6�e/el ,P. s>sen/1 i4& -J -oC Ooc> -vl( SYo 5- E . .334,, . re—Nv�," 8u? 07 8'70447 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No Subject Property PoRlicivs OF TMe_ 5u %{ . Se c 31. TZd k ln8w oF. ;}��.. hrµ... P rn-. , wrc STATE OF COLORADO ) SS. COUNTY OF WELD ) c« ..).,CA t• 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. 870447 The foregoing instrument was subscribed and sworn to before me day of (47730,4 �, 14 WITNESS my hand and official seal. NY Commission expires: WELD COUNTY CORPORATION ARMSTEAD AMENDMENT APPLICATION For MINED LAND RECLAMATION PERMIT In WELD COUNTY, COLORADO January -27, 1987 8%0447 PROJECT OVERVIEW Weld County Corporation, proposes to amend its mining permit No. M-84-070 to mine sand and gravel at a site located three and one-half miles west of 1-25 on Colorado Highway 52, approxi- mately 4940 feet above MSL. The operation is in Weld County. This amendment Is being submitted to the Colorado State Mined Land Reclamation Board in order to increase the size of the operation. The amendment is for 9 acres. In conformance with ,all applicable rules and regulations, background information an the site and the nature of the proposed operation Is presented in the following amendment. This amendment has been prepared by: C. R. TAYLOR Weld County Corporation 219 Hwy. 52 Erie, Colorado 80516 This amendment contains proprietary information and express permission of the operator or preparer must be obtained to repro- duce any part thereof. 870447 I Some aLaws a entor i DEPAR-nAENT OF NATURAL RESOURCES owm A. Gnaw. ei run.. a ncAr - MINED LAND RECLAMATION DIVISION DAVID G SHELTON, Minor REGULAR (112) PERICT APPLICATION FORM AMENDMENT Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et sea, as amended -- (Type of Print Clearly) Armstead Pit Amendment 1. Name of Operation (pit,.mine or site name) 2. Name of Applicant/Operator (name to be used on permit) Weld County Corporation 3. Address and Phone Number of 219 Hwy. 52, Erie, Colorado 80516 Local Office (303) 442-4982 4. Address and Phone Number of General Office 219 ter. 52. Erie. Colorado 80516 (303) 442-4982 5. Name and Phone Number of Person C. R. Taylor Staff Members Should Contact (303) 442-4982 6. Parent Corporation, If Any NONE (include name -and address) 7. Owner(s) of Record of Affected Land (surface area) (if more than two, list in EXHIBIT P) A. L. Armstead 8. Owner(s) of Substance to be Mined (if more than two, list in EXHIBIT P) R. L.:Armstead Ann Cr.n.r..v.. Gi.Pa. flo..ys. rron'n'}P stun t Tel (303) 8AS-?So' 870447 -2- 9. Source of Legal Rignt-to-Enter (indidate what type of proof is included in EXHIBIT 0) See Rule 34-32-112(2)(d) Notarized statement 10. Type of Mine and Substance to be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11. General Location and Elevation I (miles and direction from nearest town and approximate site elevation 3-1/2 miles west of I-25 on Colorado Hwy. 52 Elevation : 4940' 12. County Weld. 13a Total Surface acreage to be Ili- Eluded in Permit (Rule 1.1(2)) 9 acres for amendment 72 acres total I3b Total Acreage of Affected lands (Rule 2.11(14)) 9 acres for amendment 72 acres total 14. ApplicationFee (see Rule 2 ta_ determine amount, based on permitted area) 92.50 15. Present Land Use (i.e., agri- cultural, industrial, etc.) Pasture and Hay (irrigated) 16. Surrounding Land Uses Agricultural 17. Proposed Future Land Use (filial use after reclamation) Open space _ 18. List Mining Operations Currently In violation of the Act. (See 34-32-120) Agricultural and gravel mining 19. The Lands Herein Do Not Affect any of the Lands Oescrioad in Section 115(4)(f) of the Mince Land declamation Act. (specify affirmation) Affirmation Sand and gravel 8"7044? MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exnioits outlined in rule 2, as follows: L EXHI3IT A - Legal Description 2. EXHIBIT B -- Index Map 3. EXHIBIT C Pre -Dining and Mining Plan Map(s) of Affected Lands - 4. EXHIBIT 0 Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT FI- Reclamation Plan Map 7. EXHIBIT G -,Mater Information 8. EXHIBIT H - Wildlife Information 1 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4)(e) and ]09(6)82(8) 1' 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115({)&(4)(c) 15. EXHIBIT 0 - Source of Legal Riget-To-carter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface ' f` - and Subsurface Rights (See 34-32-112(2)(b)L(c) • x NOTICE OF PROCEDURES After the application is considered 'filed' (pursuant to Rule 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing') of your application.) ' COLORADO gATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the - administration of water rights, and the Colorado Department of Heaitn, with regard to the discnarge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health_ 870447 To the best of my knowledge, all the information presented in this application is true and Correct_ �� lit e (Signature by individual legally authorized to. .bindthe operator to this application) EXHIBIT LEGAL DESCRIPTION Portions of the NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4 and SE 1/4 SW 1/4, Section 31, Township 2 North, Range 68 West of the -6th P.M., Wild County, Colorado as depicted on Sheet 1 of 2, Pre -Mining Map, 84-0302, A-1 8'7044'7 EX}-iSBrIT 8 INT>EX MAP ,The Index (Vicinity) Map appears on the Pre -Mining Map, submitted with this report. B-i 87044'7 EX1-iISIT C P FtE--M I N I NG AiVD M iN I Nye F`LAN MAPS The Pre -Mining and Mining Plan Maps are being submitted with this report. C —I 870447 EXHIBIT D MININC3 PLAN The mining operation will be dry. The excavation will be pumped dry after dewataring. Mining will proceed from the northern edge of the property and move toward the south. Topsoil will be stripped by scrapers or front end loaders and stockpiled on locations shown on the mining plan map_ Aggregate to be mined will be removed by a loader and deposited in the area of the processing plant or near the end of the conveyor which will transport the material to the plant site. As mining progresses southward, the plant may be moved ahead of the mining area. Earthmoving will be conducted in three phases. Phase I will be the removal and stockpiling of topsoil and overburden. Phase II will be the removal of the aggregate material by loader_ Phase III will be the replacement of overburden and topsoil. Phases I and II will be conducted by scrapers or front end loaders. There is no water diversion expected. The maximum area to be mined during a one year period will be 7.5 acres_ The existing access road will be no mere than 700 feet long and ?4 feet will be for a maximum area of 0_4 acres. The timetable of mining will take place in two stages as shown on,the mining map_ Each stage is expected to be finished during one year of operation. A strip approximately 450' X 550' will be -mined each year for two years. Each stage will be mined from north' to south. Overburden and topsoil average depth of about aggregate material is 15' The stratum immediately beneath ,the 'material to be mined the Pierre Shale. varies from 4.0' to 6.5' with an Maximum depth to the .bottom of the 13-1 8'7044'7 Ex> -VISIT E MECI—eMAT I C t4 PLAN Final reclamation will result in a pond approximately 40 acres in size. The remainder of the 23 acres will be planted with native grasses. Sarthmoving during reclamation will be the replacement of overburden material to insure the proper slope of the. backfill below the waterline. The selection of a pond far reclamation is that there is insufficient" material remaining as waste to completely fill the void where gravel was removed. This general area has been used for mining aggregate for a number of years. Some mining of other pits is continuing at this time. The end. use of a pond and native grasses is also compatible with the general area of wetlands and open spaces that ars common to the region. The landowner does not intend for any of this land to be for public use., Drachma i i Grading will be planned to provide a slope of a':1 from the undisturbed terrain to iO feet below the expected water surface. Wharfs backfilling is required, the operator will insure proper compaction for stability. There are no toxic materials in the mining .area and node will be introduced. There are no toxic or acid producing materials associated with the mining operation_ No refuse will be mined. There will be no drill or auger holes, addits or shafts constructed as a part of the mining operation_ Slopes will not exceed .3 horizontal to 1 vertical from the - undisturbed land to 10 feet below the surface where the slope will -be no steeper than 2 horizontal to 1 vertical to. the bottom of the excavation_ ,Swimming is ,not to -be allowed during of after reclamation. Reclamation wilt'. not involve agriculture or horticulture. e-1 8'7044? Water Disturbance to the hydrologic balance will be minimized by A. Compliance with applicable Colorado water laws and regulations governing injury to existing water rights; B. Compliance with applicable Colorado and Federal water quality laws and regulations; C. Compliance with applicable Federal and Colorado dredge and fill requirements; D. Insuring that 'no temporary or large siltation structure will be -a part of the mining or reclamation plan. There " will be no earth dams constructed as a part of the mining -or reclamation plans_ See Exhibit G for further information on hydrology. Wildlife All aspects df the mining and reclamation plan will take into account the safety and protection of wildlife on the mine site. There will be no, habitat management as a part of the reclamation plan. See Exhibit H for further information concerning wildlife. Topsoiling Topsoil will he removed and segregated from overburden and gravel. Due to the method of mining, the topsoil will be used for reclamation of the shoreline,generally within .30 to 60 days after removal. .Therefore, deterioration is not expected to occur due to chemical or physical changes. There is no woody vegetation. The temporary stockpiling (.7.70 to 60 days) of topsoil will be in narrow and low berms. This is a configuration that will 'protect the topsoil from wind and water erosion. The mining method and method of topsoil removal 'and replacement ensure minimum handling. Replacement of topsoil on graded slopes will produce optimum tilth for seed application. Compaction will be adequate to provide stability on slopes but not enough to disrupt natural soil structure. The plant -growth medium replacement will be done in an even manner and to a depth between 12 and 16 inches. Fertilizer or other soil amendments will be -added if doeermi;neq' to be necessary after analysis of ' composite soil samples. 8'70447 Revepetation The affected area will be reclaimed as rangeland, with the exception of about 40 acres as a pond. Seeding will be by seed drill during late fall or early spring to ensure maximum advan- tage of soil moisture availability when germination occurs. The following seed mix is proposed to ensure the dreatest probability of success and is based on environmental and biologicalfactors common to the site. The mix provides for a diverse and long-lasting vegetation cover. Species Western wheatgrass Sand bluestem Little bluestam Switchgrass Alkali aacaton American vetch lbs. PLZ/Acre 4.1 5.9 1.5 _4 .2 sire. Percent Seeds/ft= of mix/ft: 12 10 20_0 $ 16.0 8 16.0 7 14.0 b 11.0 15.1 51 500.0 Weed control will be by 'mechanical means if weeds do become a significant percentage of the plant community. A significant percentage would be considered Z0 percent. If mechanical means prove not to be adequate, chemical weed killers recommended by a recognized agency or institution, i.e., Soil Conservation Service, Agricultural Extension Service, etc., will be used as long as the recommendation conforms to State and Federal laws. Fire lanes will not be required since the area will not be forested. No depositor disposal of refuse is anticipated. No adverse chemical, physical or surface features are expected. The implementation of the reclamation procedures and mixes proposed here will provide a pond with properly sloped and stabilized shorelines commensurate with the intended post -mining land use. The proposed seed mix will provide a near natural (native] plant community exhibiting species -diversity and composition. E 8'7044'7 Timetable Reclamation will be continuous throughout the mining opera- tion. As shoreline is created (northern edge first), and the mining progresses southward, the topsoil will be replaced along the banks and seeded as soon as practical. Each year, approxi- mately 1400 lineal feet of shoreline will be created_ During the mining, shoreline will be reclaimed as the operation progresses. Final grading will be a 3h:ly slope from the undisturbed area to 1.0 feet below waterline. Sseding, fertilization, revegetation and topsoiling have been previously -discussed.in -this section_ E-4 870447 Exi-ia�azT r RECLAMAT ION Pll_Ah1 MAPS The Reclamation Flan Map Is being submitted withthisreport. i t Fe1 87044'7 E X H I B I T e WATER Ils.11P-ra titan- IOIV Water requirements for the proposed operation will consist of dust suppression for haul roads and gravel washing. An estimated 5,000 gallons of water per day will be used for dust suppression. Based on an operating schedule of 200 daysperyear, the proposed mining operation will require approximately 3.1 acre feet per ,year for dust suppression. The water for gravel washing will be recycled. Approximately 5% of the washwater is lost due to spillage and evaporation from the spray 'tars. .The washing rate for the operation will be approximately 600 gpm yielding a water loss of 30 gpm. Using an operating schedule of 8 hours a day, 200 days per year, the water requirement for washing is approximately s.8 acra-feet per year. Total water requirements for the operation is then approximately 11.9 acre-feet per year. Make-up water for the dust suppression and wash water will be purchased from water owned by the landowner. The proposed mining operation will not affect the ground- water or surface water regime in the area. The Boulder Creek 100 -year floodplain covers all of the permit area as shown on the Fre-Mining Map, Sheet l of 2. The mining area will be adequately graded_to insure proper drainage from the site. Table G-1 shows all, permitted and adjudicated wells in the area of the proposed operation. Only three wells are potentially within 1,000 feet of the proposed mine pit. Well #11940 (#6 in Figure G-1) has a depth of 392 feet and will not be affected by the mining operation. Wells 49953, 22548, and 47305 are approxi- mately 1,000 feet from the proposed operation and are not expected to be affected by the proposed operation. In the event of any potential reduction on water levels in these wells, arrangements could be made in supplying water from the de- watering operation. Discharges from the -site will be monitored in the NFDES Permit' obtained i* the operator. G-1 accordance with 870447 TABLE G-1 WR>;1 Na. Owner Deoth wield 051379 Richard 0. & Wanda J. Gilmer 117 8.0 I 052284 Frank O. Rasmussen62 10.0 063314 Norman N. Johnson 57 10.0. �. W-4507 Johnson Well 81 240 011940 Maxine Staley - 9.0 I W-337 Becky Well 10840 800 049933 0.' W. Smith 31 10.0 022348 O. J. Nichols: 30 20.0 047505 Donald L. Martin 40 15.0 452163 Faul V. Anderson 30 15.0 i G-2 870447 r - „PERMIT 90UNDAR ael 36 � r� $ J • `.a•Ri i'_-- -- 6' .ir r r I� • Tan Y i �`Pi ERblATE 52 Zr ..-7rer 1:14A1 I. --`--+ • r -: ^ l�•\ •. x • , •4. . 444 .. -1 L--...�. 4, Promo MIRE Oat limp °Erie *swat. tourton WELLS 1N AREA ttaisrR OM MEP PERMIT .MUMMER i 51379 2 52284 3 63314 4 W=4607 5 52165 Ste« 1%2000• .MUMMER 4311 MYi .. PERM(' RUMMER 5 >U940 7 W-337 8 49953 9 22348 10 4730$ Figure G-1 r z 870447 EXHIBIT H W I i-I3L- I IF -TEE 11.3 OR19AT I Ohl The site has not been mined previously. Presently, a gravel pit to the north presents a significant disruption of the adja- cent wildlife communities. The proposed site is bounded on the west by County Road 1 and generally on the north by Boulder Creek. The east and south boundaries are agricultural lands and associated practices. Due to the past and present disturbances, impacts on existing wildlife populations are expected to be minimal. The following species list is the probable wildlife that would be most expected to inhabit the proposed mining site. Due to the weather conditions, the site review did not provide sitings of possible 'inhabiting species and many of the species listed were obtained by literature review_ Least chipmunk Colorado chipmunk Uinta chipmunk Yellow bellied marmot Richardson's ground squirrel Thirteen -lined ground squirrel Spotted ground squirrel Rock ground squirrel Golden -mantled ground squirrel Aberts squirrel Fox squirrel Northern pocket gopher plains pocket )gopher Olive -backed pocket mouse Plains pocket mouse Silky pocket mouse Hispid'pocket ''mouse Ord's kangaroo rat Seaver Plains harvest mouse Western harvest mouse Deer mouse Northern, grasshopper mouse Bushy -tailed wood rat., Meadow vole Prairie vole Muskarat Meadow jumPi'mS Porcupines H-1 Eatamias minimas Eutaxias gaadrivittatas Eatamias aabrinus Mar2ota flavivrntris Spermophilas richardsonii Spermophilus. triderceilineatal Speraophilas spilososa Spermophi2as variegatas Spermophiilas Iateralis Sciarus aberti Sciaras niger Thopomys talpoides ' Geromys bursaries Perognathas fasciatas Perognathas flavescens Perognathas flavas Perognathas hispidas Dipodomys ordii Castor canadansis: Reithrodontomys Montanus Reithrodontomys<se galotis Peroayscas aanicalatas • Onochomys Ieacogasterr Neo toms cinema Nicrotds pennsy'lvanicas lcrotas ochrogastrr Ondatra Ziberthites Zapus hadsonits Erethiron donsatau-`. i 8'70447 IC Carnivora that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carnivors are: Coyote Red fox Swift fox - Raccoon - Long —tailed weasel Mink - Badger Striped skunk Ungulates that can Mule deer White-tailed deer Pronghorn Canis Iatrans calpes vulpes {ha pas velox Procyon'Iotor Mastala frenata Xwtel a, visor' Taxidea texas Mephitis mephitis. be ,expected to occur in the area. are: Qdocoileas hemionas -Odocoileas virginianes Rntilocapra americana Other "mammalian species that might be expected to breed in the proposed permit' area are: Masked shrew Silver -haired bat (migratory) Hoary bat Eastern Cottontail Desert cottontail White-tailed jackrabbit Black -tailed jackrabbit The occurrence of numerous bird species can be expected, a list of which is too numerous to provide here_ The following Reptilian and Amphibian species can logically be expected to breed in the area, however, their existence was not substantiated. Great --plains' toad Woodhouses toad Boreal chorus frog Leopard frog Plains spadefoot Barred -tiger salamander Common -snapping turtle Western -painted turtle' Ornate -box turtle Western -spiny softshell turtle Lesser -oarless lizard Eastern short -horned, lizard Red' -lipped plateau lizard Prairie six-lined,racerunner Northern many -lined skink. Eastern yellow-bellied'_racer Plains hognosed'-snake Western milk snake , H-2 8'7044'7 Northern water snake Bullsnake Western plains garter snake Red -sided garter snake Prairie rattlesnake Threatened ,and endangered species other than the White pelican that may have had historic range in the area are the Greenback Cutthroat trout, the Johnny darter, the Black -footed ferret, and the River otter. The general effect on the possible existence of any population of the above listed species is not expected to be significant. Mining has been occurring in the area for several years. Obviously the smaller rodents are going to be displaced and it is quite likely some will be killed as their burrows are excavated. However, the populations of burrowing rodents are not expected to be large due to the existence of seasonably high ground -water tables. i Little impact on the larger wildlife species that may occur such as deer, skunk, coyote, etc., is expected. It is generally expected that these species are only transitory in the area due to the long-term mining that has occurred. Ultimately, there might be an increase in waterfowl due to the open ponds, however, the landowner would prefer that this did not occur because of tha potential for illegal hunting and tres- pass. The landowner does not intend a beneficial use to occur from the existence of the pond. Due to the on going mining operations to the north, seasonal wildlife use is not expected to change. The existing mining has been occurring long enough so that any prior -to -mining seasonal use has long since been disrupted. The return of rodent populations after mining is not expected to be significant due to the loss of their habitat. Some rodents may move into the reclaimed areas around the pond shorelines. If this were to happen, then bird populations could also be expected to have a marginal increase, especially those that prey on the smaller rodents. Deer populations, large carnivor populations, and populations of the larger rodentia, beaver, nutria, etc., are not anticipated to increase. H-3 8'7044'7 ExNrEtz-r z S O I L I r4 c) Ft i err I ca r4 Two mapping units have been used on this site by the Soil Conservation Service in their Soil Survey of Weld County. Colorado - Southern Part, 1980. The two mapping units identify only the taxonomic break due to the complexity and variability of the soils involved. These map units are (1) Aquolls and Aquents, gravelly substratum, and (2) Aquolls and Aquepts, flooded. The Aquolls and Aquents, gravelly substratum map unit occur on nearly level bottom lands. Aquolls, which have a dark colored surface layer, make up about 60 percent of the unit. Aquents, which have a lighter colored surface layer, make up about •20 percent. About 20 percent is Aquepts and $ankard sandy loam. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical_ Commonly the soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall. The potential native vegetation is dominated by Alkali sacaton, Switchgrass, and Western wheatgrass. Saltgrass, Sedge, Rush, and Alkali bluegrass are also prominent. Potential produc- tion ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. Switchgrass, Western wheat - grass, Alkali sacaton, Tall wheatgrass, and Tail fescue are suitable for seeding.' A grass drill is recommended. Seeding early in spring has proven most successful. The Aquolls and Aquepts, flooded occur on nearly level depressions in smooth plains and along the bottoms of natural drainagaways. Aquolls, which have a dark colored surface layer, make up about 55 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. The Aquolls and Aquepts soils are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Com- monly the soils have a mottled, mildly to moderatly alkaline loamy or clayey surface layer and underlying material that ex- tends to a depth of '60 inches or more. In places they have a gleyed layer in the underlying material. . The water table is at or near the surface in spring. These ,soils are used for -rangeland and wildlife habitat. Somesmall areas ark irrigated pasture - I -1 8'70447 The potential native vegetation is dominated by Switchgrass, Prairie cordgrass, Saltgrass, Alkali sacaton, Big bluestem. Indiangrass, Western wheatgrass, Slender wheatgrass, Sedge, and Push. Cattails and Bullrush grow in the swampy spots. Potential production ranges from 4,000 pounds per acre in favorablevears to 3,000 pounds in unfavorable years. Farming practices and irrigation on adjacent lands have increased the amount of salts within some of the profiles. Switchgrass, Big bluestem, Indiangrass, Western wheatgrass, Pubescent wheatgrass, Intermediate wheatgrass, Tall wheatgrass, and Tall fescue are suitable for seeding. The plants selected should meet the seasonal requirements of livestock. For suc- cessful seeding, a firm prepared seedbed is needed. A grass drill is recommended_ Seeding early in spring has proven most successful. Tillage ,is needed to eliminate the undesirable vegetation_ I 8'7044? ESCHYBI7" a VEGETAT I ©P4 I NFC3FerI r I CNI4 Generally, the vegetation communities follow the soil bound- aries, except where agricultural practices have supercededd the material boundaries. Of the _potential native grass species common to the site, switchgrass usually dominates. Usual species are as follows: 1 Switchgrass Prairie,cordgrass 5altgrasa Alkali sacaton Big bluestem Indiangrass Western wheatgrass Slender wheatgrass Pani.am virgatam Spartina pectinate Distichlis spicata Sporabolas airoides Andropogon gerardii Sorgastram arvenaceam Agropyron smithii Agropyron trar_hycaalam Various Sedge and Rush species are common with cattails and Bullrush in low swampy areas_ tread species and low growing ±orbs and shrubs are common. Curlycup gumweed (Grindelia sgaarrosa), Common sunflower (Yelianthas annaas), American licorice (6lycyrrhiza lepidota), Salsify (Tragopegon spp.), Common dande- lion (Taraxacam officinale), Kochia (Kochia scoparia), Western ragweed (Ambrosia psilostachya) and Western yarrow (Achilles millefoliam) are occupying or have occupied the permit area, especially where overgrazing or other disturbance has occurred. Generally, the Saltgrass, Western wheatgrass, Sunflower and Sedges occupy the wetter soils of the area. In the elder dis- turbed area that are drier soils_, Broom snakeweed Cnatierre_ia sarothrae), Rubber rabbitbrush (Chrysothamnas neaseosas) and Western ragweed are prevalent. In the drier range site areas, Switchgrass, Prairie cordgrass, Alkali sacaton, Big bluestem, Indiangrass, and Slender wheatgrass are common - On those drier range sites that have been cultivated, Tall wheatgrass, Tali fescue, and Annual sweetclover are present_ Blue grams and Sideoats grama are common on overgrazed areas that appear to never have been cultivated. The ground cover is estimated to be 40 to 45 percent for the Aquolls/Aquents/Aquepts. Auring reclamation, a select mixture of the above listed species would be best suited to the resultant reclaimed site. It would not seem practical to segregate the individual plant -growth mediums that will result from stripping the surface soils of the three recognized soil mapping units. The areas to be reclaimed J-1 8'7044'7 1 r will have seasonably high water tables_ A mixture of species common to the two soil mapping units would stand the greatest probability of successful revegetation. Because there are only 4 inches of tospoil available from the Bankard series, it seems that the mixing of surface soils from the two soil units on the permit area would occur. Therefore, it would seem reasonable to assume a ground cover after reclamation of between 30 and SS percent. The lower percentage of ground cover is expected due to the anticipated difference in soil textures on mixing. Agricultural crops such as corn, alfalfa, grasses, beets, etc., have been common to the site. The evapotransportation from these crops could have resulted in high consumptive uses of water since ground water is close to the surface during some of the growing season. Some of these crops, corn and beats, would have been irrigated. Crops like alfalfa and grass would have been less likely to be irrigated, but due to their deep rooting nature, water consumption could have been quite high. J 870447 EXHIBIT K CL I MATE The climatology data recorded at the Longmont 2 ESE weather station indicates the average annual precipitation at the site is approximately 12.6 inches per year and the annual mean temperature is approximately 49 degrees Farenheit. The evaporation rate for this area is -about 40 inches per year based on the Department of the Interior's information circular 8755. January February March April May June- July August September October November December .-.Mean/Total Average Monthly Tengerature 27.4 31.4 33.7 46.7 57..2 65.6 72.0 69.9 61.1 50.3 37.2 30.2 48.7 K-1 Total Precipitation - .34 .43 .96 1.26 2.53 1.76 1_18 1.12 1.16 .98 S7 .33 12.39 8'70447 EXHIBIT RECLAMATION COSTS The Armstead Pit Amendment will be mined from South to North in four phases. The topsoil and overburden from Phase 1 will be removed and placed on top of Phase 2 area. Then after sand and gravel are removed, the top- soil and overburden will be filled in the excavated Phase 1. Topsoil and overburden will be removed from Phase 2 and placed on top of Phase 1 area. At this time, Phase 1 area will be back to surface level. Phase 2 will then have sand and gravel removed. Topsoil and over- burden will be taken from the East side of the original Armstead Pit, and used to fill in Phase 2 back to surface level. Phases 1 and 2 are now back to surface level, and graded for drainage to existing lake area. It will be used for alfalfa by the owner. Phases 3 and 4 will be mined the same as Phases 1 and 2, except that Phase 4 will become part of the lake of the original Armstead Pit. The only reclamation will be the sloping of the tgaZ. end of -Phases 2 and 3, which will be lake bank, and reclaimed the same as all other lake bank areas. Since 80 percent of the Armstead Pit and Amended Smith Pit has been reclaimed, T am of the opinion that the existing bond that I now have posted will be more than sufficient to cover the Armstead Amendment. See accompanying pictures of the reclaimed areas from Armstead Pit and Amended"Smith Pit. 870447 EXi-itsx-r M 1 ILOCsaL. GOVERNMENT AF'F>F20VRL Local _ government approval will be provided when available. Approval is :xpectad prior to the Colorado Mined Land Reclamation Division meeting_ Mel 870447 EXHIBIT u OTHER pEMM I TS PR L. I GENISES Colorado Mined Land ReclamationPermit No. M-84-070 Air Emissions Permit.No. 84WE130F(1) Air Emissions Permit No. 84WE130F(2) NPOES Permit No. -COG -5000= N-i 8'7044'7 E X H 16 l T 0 SOURCE OF LEGAL RIGHT TO ENTER The operator has the legal right to enter this pit as indicated by the following certificate. 1 certify that Weld County Corporation, operator of the Anestead Pit, Amended Smith Pit, and Amended Armstead Pit, has the legal right to enter and mine sand and gravel on the property described as follows: Portions of the NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4 and SE 1/4 SW 1/4, Section 31, Township 2 North, Range 68 West of the 6th P.H., Weld County, Colorado. A portion of the W 1/2 W 1/2 SW 1/4, Section 31, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 0. W. Smith Signed and sworn to me this ,1"Iffl__ day-of',1.)��•.� !/ 192'7 • Date -f27.4"rrti{ j rQg,7 My commission expires: My Commission &creel Mapl6124098 ..•`l t4.3 Addres9 Notary Pu•lic r re: ro l 8'70447 Li A;X>.7ACET47r L. ~4X>C1WNERS Cinque Land Co. c/o Fred L. Spallone, Inc. Highway 287 & Midway Blvd. Broomfield, Colorado SO020 Richard L. and Joan M. Armstead 21? Highway 52 - Longmont, _Colorado ' Robert T. and Joan --8_ Anselmi 633 W. Crestline Avenue 'Littleton, Colorado 80120 F-1 max►--�Ys�r � 8'70447 a.Kg c z ▪ L � � ^ N -0 - F �w o c O ▪ - - O N U in N C O H � H ¢ co rn - z a x 0 C O 'U -t U W LTZ -N, 3 N tr] ▪ a o' w q LT_: C r n-; h 0- uslE T 5 a 2 H N f. 0 w o 7 CO C N H n O 'i U H 4 A 3 E 0 0 8 c7 1-4 S • U Z • o+ o oNa M. ARMSTEAD Cr- H CA c4 p c-4 cx] 4'n* parole* items 1. and.2when add,tion$*MS,»desired, andeamWatsitama3and . is thaw rIlETUAN TO"appo on trammels alai. Fakirs*doth6.wilt prHant this WELD COUNTY CORPORATION 219 HIGHWAY 52 ERIE, CO 80516 J-8[ttDERi Complete items l and 2 whouadddional;rrvlatandwirad, and compMw+ams3 and At. Putt ,q.,;0A "ithe';ATtaiTi1 Ton. ippba on the nwrtaaGM:Faitu[s,tada,thhwill.Pm ntthis E. "1'ro' .dme�u. iiyttradto y.. r,a ..�;#• F Sq.,nS �z� Y IY�# , O.W. & BILLIE JEAN SMITH 29 HIGHWAY 52 LONGMONT, CO 80501 j;'irNb[ 'Cunwittta'stand.2wMn addttbnN aarviaasaradrTndand eomplt te. Iaaealand-4; K,r: 9 aAdrw ,YM 4011tNTD oadai« insaiLfMWMtodo easwxe PtMntads ERIE,C 0 80516 870447 o - ca C C N m a CI 0- ..o N 0 cr. O N m a G] W O a¢o G] ap Os a' n M Q M U CL - [i: o4 X V � V O Z W d :,] x kn o w z 0-4 m £CO a N WW. -1 CO 0 Z H CO z6N CO d trl U O C 7 U Z � E O O F E. w p M N O m N a •D U Q Z 7 H m N r z d o ..acco w .-a + o a O V ce) uts U L1 . ti Z W G1 < N 'tz7rw aCIA xZ z000 O O U U S m ( ♦__....Leo. v0 v-S'n• i',(:Olllplatelternirt sad2 aAanaddltlgalastNoeaagree.;a,d1taro1iM 4: ,..r: .. y . ;: . . .... Ineha NE7pURN70^ip�oaonxharaw tf'a. e�d'u eth �•Y .r r _ •1 t Complete Items t and 2 when additional aarvla aa,e deep& and complan trend 3 and 4: �i +ddl'M►. N�a►oo tla�mma& Y �►, 1YMdll pr}al{YIY Aterd Pdk;YWs In tha'71 Tb' 683 WEST CRESTLINE AVENUE LITTLETON, CO 80120 . ,SENDEA:CamplatltItaali and 2 vitro addiddiuil;aavlga as dadnd, and mulatto Itaan3 ab 4.. Rrt *iiddf -tklM"REWRP41717 j di ddrd*crarai-01 Siddi fudotbiaadlt*SA* this ram; i CINQUE LAND C/0 FRED L. HIGHWAY 287 BROOMFIELD, COMPANY SPALLONE, INC. & MIDWAY BLVD. CO 80020 870447 RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, TRUCKING BUSINESS, IN THE A (AGRICULTURAL) ZONE DISTRICT - HAMILTON 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 held a public hearing on the 3rd day of June, 1987, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Hamilton Farms, 6707 weld County Road 19, Fort Lupton, Colorado 80621, for a Use by Special Review for an agricultural- service establishment; trucking 'business, in the A (Agricultural) Zone District on the followingdescribed real estate, to -wit: Part of the NE4, Section 33, Township 2 North, Range 67,West-of the 6th P.M., Weld County, Colorado WHEREAS, _ said applicant was represented by Jeffrey T. Bedingfield, Attorney, and 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 Planning Commission and all o£ 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 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: The proposed use is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies in that �l� C ©tlY 870446 Page 2 RE: 1SR - HAMILTON FARMS 1) The proposed use is located within the Urban Growth Boundary of -existing municipalities. The adjacent municipalities do not consent to annex the property. 3) The proposal does not constitute leapfrog development. 4) This proposal is compatible with the Comprehensive Plan's transportation and public facilities and service goals and policies because it will not impact or require additional public facilities and services. b. The proposal is consistent with the intent of the A (Agricultural) Zone District in that this proposal would serve the agricultural industry by providing the transportation of agricultural products. Such an agriculturally related business is allowed as a Use by Special Review in the A (Agricultural) zone. c. The uses permitted will be compatible with the existing surrounding land uses and with further development of the surrounding area as permitted by the A (Agricultural) Zone District. d. No overlay districts affect the site. e. Use by 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 Use by Special Review for an agricultural service establishment, trucking business, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 The Use by Special Review plat shall be delivered to the Department of Planning Services Office and be ready to be recorded in the office of the. Weld County Clerk and Recorder within r30 days after approval by the Board of County Commissioners. 870446 Page 3 RE: USR - HAMILTON FARMS Prior to recording the Use by plat shall be amended to show: a. A 30 -foot right -of --way Stanley Lateral Ditch. b. Employee parking areas areas on the property. Special Review plat, the from the centerline of the and tractor/trailer parking 4. The Weld County Engineering Department shall evaluate the access to the Use by Special Review permit site and the applicant shall reach an agreement with the Weld County Engineering Department to mitigate any safety concerns addressed by the Engineering Department. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Board d7l,--m-cam eputy Countyerk APPROVED AS TO FORM: 67 County Attorney BOARD -OF COUNTY COMMISSIONERS WELD CO Y LO O Go �L C . El;%Cgi;e: airman e R. Brantneott J ne nson 1 Frank !magucI 870446 DEVELOPMENT STANDARDS Hamilton Farms USR-787:87:12 1. The Use by Special Review permit is for an agricultural service establishment, trucking business, in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of planning Services and subject to the Development Standards stated herein. The maximum number of full time equivalent employees for the trucking business, excluding drivers, shall not exceed 6 persons. The maximum number of tractors on the property shall not exceed 5 and the maximum number of trailers on the property shall not exceed 10 with this permit. 2. No disposal of solid or liquid wastes shall be permitted on the site. 3. The used motor oil underground storage tank shall be reported to the Colorado Department of Health and permitted in accordance with the State UndergroundStorage Tanks Program. 4. No structures shall be permitted to encroach on the 30 foot right-of-way from centerline of the Stanley Lateral Ditch. 5. One parking space for each employee shall be provided on the site. 6. Sufficient parking area to accommodate 5 tractors and 10 trailers shall be allocated on the site. Each parking space shall measure at least 12 feet by 70 feet. 7. The maximum number of animal units on the site shall not exceed the uses allowed by right in the A (Agricultural) Zone District. This Use by Special Review permit does not include a livestock confinement facility. 8. The Use by Special Review permit shall not be transferable to any -successors in, interest to the described' property and shall terminate automatically upon conveyance -or lease of the property to others for operation of the trucking business. All construction'on the property shall be in accordance with the seguirements of the Weld County Building Code Ordinance. 870446 Page 2 DEVELOPMENT STANDARDS - HAMILTON FARMS 10. The property owner or operator shall complying with the Design Standards of Weld County Zoning Ordinance. 11. The property owner or operator shall complying with the Operation Standards of Weld County Zoning Ordinance. be responsible for Section 24.5 of the be responsible for Section 24.6 of the 12. 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 insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 13. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards andall applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted.. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner or .operator shall be responsible for complying with all of'the foregoing Standards. Noncompliance with any of the foregoing Standards' may he reason for revocationof the Permit `by the Board of County Commissioners.' 870446 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: DOCKET #86-60 Show cause - Amended SUP #345, MS. Corporation DOCKET #87-23 Amend USR,, Open -cut mining pit, Weld County Corporation DOCKET #87-26 USR, Radio Transmitter Tower, Suckle Farms, Inc. DOCKET #87-27 USR, Agricultural service establishment, Hamilton Farms NAME ADDRESS �? a /7 7 azt�� %7 0P1"i HEARING ATTENDING sria„e 010 t 8'711446 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 o£ 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 Use by Special Review 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 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. 87-27 DATE: June 3, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review Agricultural service establishment, trucking business, in the A (Agricultural) Zone District APPLICANT Hamilton Farms 6707 Weld County Road 19 FortLupton, Colorado 80621 LEGAL DESCRIPTION: Part of, the NE} of Section 33, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately one mile east of Frederick 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: May 13, 1987 PUBLISHED: May 21, 1987, in the Johnstown Breeze $70446 ' EX/n.6/7 AFFIDAVIT OF PUBLICATION .M e..fiixyr' „.w THE JOHNSTOWN BREEZE STATE OF COLORADO r I ss COUNTY OF WELD % I, Clyde Briggs, do solenutly swear that I am publisher of The Johnstown Breeze; - that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed kgal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provision; of the Act of March S, Ian, or arty amendments thereof, and that said' newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the. laws of the State of Colorado. That the annexed legal notice or advertises meal was published in the regular and entire issue of every number of said weekly newspaper for the period of ....t. consecu- tive insertions; and that the first publication of said notice w;ts in the issue of said newspaper dat.+ dl.2•l, A.D. 14. and that the last publication of said notice was in the issue of said netspaper dated A.A. 15 Inwitness whereof I have "unto my hand this �day of .�L A.D. t9.5% Subscribed and sworn to before me, a Notary Public' in and for the ounty of Wry& State of Colorado.// this �Lereday at .. A.D. 1'Jc••.. �wr��f Ff 7Y.Z.i7F�"ffc`... IAdnry�- My commission expires „� Cwrmasion Fxpi� Jnntel� .. 2 south Parish Avenue Johnttcwn, CO 80534 8'70446 AI-FIDACT OF .PUBLICATION FARMER AND MINER County of Weld 1 ss State of Colorado 1 I Jaseah H. Rebel do solemnly swear that THE FARMER AND MINER is a weekly newspaper which is published in the County of Weld. State of Colorado. and which has general circulation therein; that said newspaper has been published continuously and unitemrptedly in said County of Weld for a period of more than fifty-two consecutive weeks next prior to the fast publication of the annexed legal notice • or advertisement; that said newspaper has been admitted to the United Sates mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereto, and that said newspaper is a weekly newspaper duly qualified for-pub- liishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published weekly in the regular and entire editions of said. 40y newspaper once each week on the same day of each week for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated—Ma.lt._Z]...._.�........, 19.»...�.r and that the last publication of said notice was in the issue of said newspaper Business Manager Subscribed and prom to before me this ?Sth_...day of _..19.87 - ... -22A0 My Comme Commission Expires Notaty Public FEE 34)0042 Li al 110Th E .'VOderna nni'ttetwtxyrtr.7e heN the ~tom. r aw w ,Count, oe ra+solaevaattaaaosr4 - Cott nit ztlorninanitintinn tines --"abeta�ja'te. iana!iearl�Faetaet= A, talaaw l,• - SAS ildent' ,r ruean. ;m+rAs.t lknIttYNaeas r. r.corona vrn Ma* Sabi nom ai nturriscomaliva -*M'r.asi^gto.sin eats.s `+'.trbniart_ altaat 20ntanti Plifl -ta.rer171 { era41 - � � stminu ran 9ifee. eat r' .. stinting Iw n.. In the A: tieicXilsmot-het "s,m fir' sean.a pi.atmmoo x� °'"t "rest s 1 ` ,'sonrwieray'.r c::,initnowe son 870446 May 13, 1987 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 hearings for ,the 3rd day of :June, 1987,.at at 2:00 P.M. Docket No. 87-26 - Suckle Farms, Inc., USR-1,250 foot high radio transmitter tower Docket ,No. 87-27 - Hamilton Farms, USR-Agricultural service establishment (trucking business) in the. -A (Agricultural) Zone_District Deputy. The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD CODNLORO 8'70446 EAlgten r OFFICE OF BOARD OF COUNTY COMMISSIONERS - PHONE (303) asercee. Err, 4200 -: P.O. BOX 758 GRxF1 PY;COLORADO 80632 COLORADO April 29, 19S7 Hamilton Farms 6707 weld County Road 19 Fort Lupton, Colorado- 80621 Dear Sirs: PSI talISIVES, s. mg 219g 15.00 ::-:: c^' Your application for a Use by Special Review for an agricultural service establishment in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description o£ the property involved is shown as part of the NE4 of Section 33, Township 2 North, Range 67 West of the 6th P.M., weld County, Colorado. If you wish to be heard by the Board of County Caunissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular bearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be -Paid -by you. In order to -proceed as quickly as possible, we must receive your reply by May 15, 1987. ' If -We are not --in receipt of your request -by that date, the matter willbe considered closed. Sincerely, BOARD OF COUNTY 02ta.SSIONERS VELA ,:"CCDORADO I 'wish to have a bearing on this matter brought beforetheBoard of County Commissioners. I agree to pay for the legal; advertising; expense. Ce. 7' FAH,0,7, 870446 iln a ill give Hamilton Fars 6',07 Weld County Road 19 Fort Lupton, Colorado 80621 Dear Sirs: OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303)356-4000. EXT. 62(X) P.O, BOX 758 GREELEY.COLORADO 80632. Your application for a Use by Special Review for an agricultural service establishment in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NF1/4 of Section 33, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular bearing procedures will then be followed. This includes publishing a Nati.ce of Hearing in the legal newspaper, an expense to be paid by yon. In order to proceed as a_uickly as possible, we must receive your reply by May 15, 1987. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY CCAVISSIONERS WELD COiJt7i COLORADO I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay, for the legal, advertising expense. ,� Xi1it3/7� 8'70446 W 'a LL I -- 'am" y CC a' ?), p uJ "' V f3aC V _ O LL 0 F Y0 Z a [—f a .4 w W1-1 �w o W g Summary of the Weld County Planning Commission Meeting April 21, 1987 Page 11 MOTION: Louis Rademacher moved Case Number DSR-785:87:1O for Christ's .Christian Church for a Use by Special Review permit for a church in an. area zoned R-1 (Low Density Residential) be forwarded to the Board o£ County -Commissioners with the Planning Commission's recommendation for approval based upon the recommendation; conditions; and' development'`standards as ontlined by the Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. Motion seconded by Lydia Dunbar..- 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. LOnis,Rademacher 7- yes; Ivan Gosnell -,Yes; Lydia Dunbar - yes; Paulette Weaver --yes; Ann Gartisoa - yes; Jack Holman yes. `Motion carried unanimously. CASE NUMBER: USR-787:87:12 APPLICANT Hamilton Farms REQUEST: Use by Special Review permit for a`trucking business LEGAL DESCRIPTION: Part of the NEI of Section 33, T2N, R67F of the 6th P.M.; Weld'County; Colorado LOCATION: Approximately one mile east, of the'Town"of Frederick APPEARANCE: Fred Namtlton, applicant, stated they plan to use the structures that are already -on the property and do not intend to do any further building. -Their business has "grown larger than they had originally intended to. They .do park some trailers and tractors on the property. An existing house is used as an office, and one house is a residence. The repairs are done at a garage in Commerce City. There are several gas plants in the area with heavy. truck traffic. They haul food products, potatoes) onion, -processed meat, etc. -He has 16 tractors and '25 trailers licensed in th'e 'State of Colorado: Six trucks are owner operated -and not`owned by! him. . Under ICC laws any truck leased by him`mnst be licensed by -him. He owns eleven tracks and most are not parked on this property. Tape 278 Ls`Side'1 This is a forty acre parcel of land and he has bad tractor --andtrailer combinations on this property for about twelve years They do not want to go to a metropolitan area because their office and residence are here and'it makes it easy and convenient to operate their business. The premises are neat and clean. His ICC license does not allow him to haul any -hazardous Ex7.148/7 870446 Summary of the Weld County,Plenning'Commission .Meeting April 21, 1987 Page 12 materials.. .:There-nre:a total of sixteen employees: with his paztner who Is half owner. of the business. The maztmnm number of tractors he expects to have is fourteen and the nazimum number of trailers is twenty—eight. They do not haul live animals aor'.do they intend to have any livestock ontheproperty; 'They ,intend to tear downthe corrals to allow for additional parking. They' `'have "a"five hundred:gallon underground oil storage ,tank for used' -oil and they will comply with: the recommendations.of .the Weld County Health -Department. The Chairman called for discussion from the members of the audience. Diana'Evans, -area property owner; reported the Hamilton. site contains three houses.' One has been converted to an o£fiee, It appears there is an attempt to industrialize their aree.by_use,.by special review. She stated she lied `received copies of all Mr.. Hamilton's ICC licenses and there were thirty-five trailers and seventeen tracter.permits. She, presented pictures of the garage. in Commerce City. There are three truck yard facilities in this area that are for lease, and She 'felt the business, could be moved to the Commerce City area. Keith Schuett reported thisrequestis the result of a'violation. Frank Suckla, property owner'reported this area was commercialized before the Evanses moved into the area about a year ago and this property -was in its present use at that time. Businesses are badly needed in Weld County. Diana Spurling, surrounding property owner, reported she is representing many residents of the area. This area is now zoned agricultural. Since Mr. Hamilton filed for this Use by Special Review permit, one building has-been removed-form:the property and a corral has been taken out.for a parking lot. The refrigerator units run from Friday night.to Monday morning.making sleep nearly - impossible in the summer when the . windows are open. Mr. Hamilton does not live on the property. Trucks park on the road.vith four—way flashers on causing a hazard to other traffic on the road. Everything associated with.a.large business is iniolved here. When the Amoco.Plant was approv'ed'they-said there,would.beTfive_trucks_per day. .There are many more then that and,they_inn twenty-four hours per_day. AP Ed Jeffries, area property owner, asked if an alternate piece of property which is properly zoned has beenlookfor?'-This operation does not comply with the Comprehensive Plan. It is a satellite rather than contiguous to like properties.._ i 35 p.m, - Ann, Garrison is new chairing the ;meeting. , 870446 • Summaty'of the Weld Count*"Planning Commission Meeting April 21, 1987 Page 13' Fred Hamilton stated pictures of the property in Commerce City are not accurate The building they use is a big red .building behind;.,the;bali ding shown in the pictures_ .AVIuma are not thirty-five trailers registered in his name,' and-h'e'lloes'live on the property. 5:40 p.m. Jack Holman is again chairing the meeting. The trucks parking on the road are not usually their trucks.. They are usually someone hunting a load_ or asking for information. The south driveway if forty feet wide _and the north driveway is thirty-fivefeet wide which is ample for trucks ,,pulling into and off of the road. The refrigeration .trucks are generally parked In the back, of the property. Forty acres are included ,in the Use by Special Review permit. However, they do not own the property. Ea. -and -Mr. Suckles made`an agreement that be .will buy the r p operty pending the outcome of the radio tower so he knows how much land he will be able to sell. - Tape 278 - Side 2 The Chairman asked Keith Schuett to.read the' -recommendation, conditions, and development"standards as outlined by: the Department of "Planning Services staff into the record. MOTION: Paulette Weaver moved Case Number USR-787:87;12 for Hamilton Farms for a Use by Special Review permit for a trucking business be forward to the Board of CountyCommissioners with the Planning Commissions recommendation for denial based upon the following: looking At the Comprehensive Plan Urban Growth Boundary Goals and Policies, (1) Under the Goals, goal number 2 says to maintain land -use lathe urban growth boundry areas, but allow the County and municipalities to coordinate the plans, policies, and standards related to -land -use and regulationa, _etc. _(2) Policy number one says. land -use development proposals within an urban growth boundary shall be encouraged so long' as they conform to the desires of _the municipality as expressed in its Comprehensive Plan or by its, land -use decision making_body and if the mmicipality has agreed to ,provide the 'services. (3) Policy number 2_ c. says if the proposed use is determined to -be "consistent with rile adopted- Comprehensive Plan of the County, the municipality's adopted' comprehensive plans goals and policies or- the;,recommendation.of the" -land -use decision making bodies will be_considered"when reviewing development' proposals within an- ni as growth boundary area. This clearly says that according_to„tbe goals and policies of our Comprehensive Plan that We need -to be coordinating with the municipalities ,in these urban growth boundary areas and that we should be looking very.closely at: their stated desires in these areas. It appears -that if the 1'S -7 -Town Planning Commission has opposed this -project 870446 Summary of the Weld County Planning Commission Meeting April 21; 1987 Page ;14 that we are not...meeting - those,:_goalsand policies of .our :own Comprehensive -Plan. It also 'says in letter e_ on page'4..."The land -use applicant has demonstrated to the satisfaction of the Board of Commissioners, that the use proposed within the urban growth boundary will be'compatible with other urban -type uses." It may be compatible with 'industrial type uses, but she does not feel they have shown it will be compatible with the residential type uses that are, in fact, taking place in the area. This has become a large industrial use. It is no longer a small'-farm-realted-type trucking -industry and it would be more appropriate in an industrial area and not in - an- agricultural area claiming, to be -agriculturally related. This -.does constitute leapfrog development:of an industrial use. It is not contiguous to an 'industrially .zoned area. - This =request 'just -does not, meet the requirements of our Comprehensive Plan -and' is not in'the best interest of - current' and"future uses in the area. Motion seconded_ by, Ann ,Garrison_ The Chairman called for discussion from -the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members o£ the -Planning Commission for their decision, Louis Rademacher - no; Ivan Gosnell - No, because he feels that even though this does tend to -seem to be an industrial type business it is still basically a farm related agricultural business. Lydia Dunbar - yes; Paulette Weaver - yes; Ann Garrison - Yes, everybody hac brcught up about A S W Water and the oilfield traffic, but from an economic point of view those are some costs and some burdens that we can do nothing about. What we shouldconcentrate -on is the incremental burden from the incremental costs of people.in the neighborhood. She feels 'that the nature of this business is,no.longer.agriculturally oriented." lihen you have a maintenance shop for an interstate trucking -'firm at the -location they have crossed the line, and they.,are now -industrial more than agriculturally oriented. They also ,are hauling interstate commerce and that also separates it from agriculturally ,hauling their: awn products and 'their neighbor's products. The incremental:cost to the neighborhood are very large,. It is a limited area they are -using and„ they have complaints about noise. and dangerous conditions on the roadAnd she 'feel -it is not in the neighbor's beat 'interests or the County`s best:inierests to "locate this particular business is this location. _. Jack -Holman Yes, for all the reasgnsgiven - previously. He feels that'an-enterprise of "chit-eize shouid be_located in an'indiatriel."area. because ;0t,the amount of =traffic:ihat.'would be. involved and the effect that it does:have on-the-peop•%e in 'the local area: .Motion married with four..,voting,-for the -notion and' two vctiag against the motion. -.Meeting was adjourned, at- 6100 p. -m. _ Respectfully submitted .,.: Qool Bobbie Gdod 8'70446 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved -by Paulette Weaverthat the following resolution be introduced for passage by the Weld County Planning Commisison. Be it Resolved by the Weld County planning Commission that the application for: vat mmuy 6'Clems latim CASE NUMBER: USR-787:87:12 NAME: Hamilton Farms ADDRESS: 6707 Weld County Road 19, Fort Lupton, CO REQUEST: Use by Special Review permit for .an Establishment (Trucking Business) in the district LEGAL DESCRIPTION: Part of the NE} of Section P.M., Weld County, Colorado LOCATION: Approximately one mile east of Frederick APR 2 41989 8 Agricultural Service A (Agricultural) Zone 33, T2N, R67W of the 6th be recommended unfavorably to the Board of County Commissioners for the following reasons: Looking at Comprehensive Plan Urban Growth Boundary Goals and Policies, (1) Under the Goals, goal number 2 says to maintain land -use in the urban growth boundry areas, but allow the County and municipalities to coordinate the plans, policies, and standards related to land -use and regulations, etc. (2) Policy number one says land -use development proposals within an urban growth boundary shall be encouraged so long as they -conform to the desires of the municipality as expressed in its Comprehensive Plan or by its land -use decision making body and if the municipality has agreed to provide the services. (3) Policy number 2. c. says if the proposed' use is determined to be consistent with the adopted Comprehensive Plan.of the County, the municipality's adopted comprehensive plans goals and policies or the recommendation of the land -use decision making bodies will be considered when reviewing development proposals within an urban growth boundary area. This clearly says that according to the goals and policies of our Comprehensive Plan that we need to be :coordinating with the municipalities in these urban growth boundary areas and that we should be looking very closely at their stated desires in these -areas. It appears that if the Tri--Tows Planning Commission has oppcsed this project that we are not meeting those goals and policies of our own Comprehensive Plan- It' also says in letter e. on page 4. -.^The land -use applicant has demonstrated to the satisfaction of the Board of Commissioners, that the use proposed within the urban growth boundary will be compatible with other urban -type uses.". It may be, compatible with.. industrial type uses, but she does not feel they have shownit will be compatible with the residential type usesthat are, in fact, taking place in the area. This has become -a large industrial use.! It- GrtcGLEY. COLO,. %^xvrai7 0.3 8'70446 is no longer a small farm-realted only type trucking industry and it would be more appropriate in an industrial area and not in an agricultural area claiming to be agriculturally related. This does constitute leap frog development of an industrial use. It is not contiguous -to an industrially zoned area. This request just does not meet the requirements of our Comprehensive Plan. and is not in the best interest of current and future uses in the area. Motion seconded by Ann Garrison. For Passage ' Lydia Dunbar Paulette Weaver Ann Garrison Jack Holman The Chairmandeclared the resolution passed -and ordered, thata 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 21, 1987, and. recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 22nd day of April, 1987. 870446 CASE NUMBER: USR-787:87:12 NAME: Hamilton Farms ADDRESS: 6707 Weld County Road 19, Fort Lupton, CO 80621 REQUEST: Use -.by Special :'Review :permit: for an Agricultural Service Establishment ;(Trucking -Business) in the- A (Agricultural) Zone district LEGAL DESCRIPTION: Part of:xhe- NE} of'- Section 33,;`T2N,-'R67W of the 6th P.H., Weld County, Colorado LOCATION: Approximately one mile east of Frederick THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 The . submitted -'materials are in compliance with application requirements of Section 24.7 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: The proposed use is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Goals and -Policies in that a Theproposed-use`is located:within the :Urban Growth -Boundary' -of- existing municipalities.' b: The adjacent municipalities -do not consent to annex the property. c_ The proposal -does not constitute leapfrog development. - d. This proposal ---is: compatible' with the - Comprehensive Plan's transportation.and:public facilities and .servicegoals and policies because it will not impact or require additional public facilities and services. The proposal is consistent with the intent of the A (Agricultural) Zone district in that this proposal would serve the agricultural industry by providing the transportation -of agricultural, products. Such an agriculturally related business is allowed as a Use by Special Review -in the A'(Agricultural) zone. 870446 %IISR-787:57;12 Hamilton Farms Page 2 The uses permitted -will be compatible with the existing surrounding-,latui-uses. and with, further. development of the-: surrounding :area,, as permitted by :the- A (Agricultural) Zone district. — 'No overlay districts affect the site. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhoodand 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:xesponses of the-referral,entities which lave reviewed. this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: I. TheattachedDevelopment Standards for the Use by Special: Review permit be adopted and placed on the Use by Special Review plat prior to recording the -plat. -. 2. The Use by Special plat shall be delivered to the. Department of Planning Services' office and be ready to be recorded in the office of the Weld. 0Ounty.Clerk and Recorder within.30 days after approval::by the.Board of,:County.Commissioners. 3 Prior to:>recording the,Use by Special_Review,plat,i'the plat shall be amended to show: A 30 foot :right-of-way :from:. ,the ,centerline of the Stanley Lateral Ditch. Employee.parking,arwq and tractor/trailer parking .areas on:he property 8'7044: DEVELOPMENT STANDARDS Hamilton Farms USR-787:87:12 1. The Use by Special Review Permit is for an Agricultural Service Establishment (Trucking Business) in'the A (Agricultural) Zone district as submitted in the application materials on file is the Department of Planning Services and' subject to the-DevelopmentStandards stated hereon:' -The maximum nuMber`of employees shall not `exceed 15 'persons._ The maximum number of tractors shall not exceed 14 and the maximum number o£ trailers shall not exceed 28 with this -permit. 2. No disposal of solid or liquid wastes shall be permitted on the site. The -used motor' oil underground storage `tank shall be reported to the Colorado- Department of'Health` and 'permitted' in accordance with the State Underground -'Storage -Tanks Program. - 4. No structures shall be permitted to encroach on the 30 foot right-of-way from centerline of`tbe Stanley Lateral Ditch. One parking .space for every 2`employees -shall 'be'provided on the site. Sufficient parking area to accommodate 11 tractors and 25 trailers shall be allocated On the site. Each parking space shall measure at least 12 feet by 70 feet. 7 The maximum number of animal units on the site shall not exceed the uses allowed by right in the A (Agricultural) zone district. This Special Review Permit does not include a Livestock Confinement Facility. 8. The Special, Review Permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the trucking business. 9. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the -Weld County Zoning' Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section -24.6 of the Weld 'County Zoning Ordinance. • v x'0446 Development Standards Hamilton Farms' USR-787:87 12 12. 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 insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld .County Regulations. 13. The Use by Special .Review area _shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County. Regulations. Any .material_ deviations from the plans or Standards as shown or stated shall require the approval of an amendment o£ the Permit by the.Weld. County,Planning Commission and_the Board of County Commissioners before such changes from .the.plans,or Standards are permitted. Any other -changes shall be.filed-in the office of the Department of Planning Services. 14. The property owner or operator shall be- ,responsible for complying with all of the _foregoing Standards. Noncompliance with any of the foregoing lStandards may; be .reason for-revocation.of:.the Permit by the Board of County Commissioners. 8'70446 ADDITIONAL COMMENTS USR-787;87:12 Hamilton Farms The Tri-Area Planning Commission has recommended denial copy ,of this referral -response was distributed to members with the Land -Use Summary Packet. The Department of Planning Services staff has received to the proposal from a surroundingproperty owner. of the proposal. A Planning Commission one verbal objection 870446 Ty ENTCRY OF ITEMS SUBMI1-T FOR CONSIDERATION Case: lumber USR`787-:87:12 1 Application 11 Pages 2: 1Apolication.plat(s) 1 page(s) ` 3. DPS Referral Summary Sheet 4. 5. 6. PPS Recommendation DPS Surrounding Propery'Owner Mailing List DPS Mineral Owners Mailing List 7. 3 DPS Yaps Prepared by Planning 8 DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check Technician 11. Internal Memorandum on Current Zoning Cases 12. Exhibit 1 -.4 pictures submitted by opposition 13. Exhibit 2 - 4 pictures submitted by opposition 14. Exhibit 3 - copy of plat -submitted by opposition 15._ Exhibit 4 - 5 pictures submitted by opposition 16. Exhibit 5 - 2 pictures:sdbmitted by opposition Submitted or Prepared Prior to Hearine x -17. Exhibit 6 - 3 pictures submitted by -opposition _ 18. Exhibit 7 - map and picture submitted by opposition 19. Exhibit 8 - letter from Al & Ruby Dieckman dated 4/20/87 At Hearing x x x 20. Letter from Helen Craig 'dated 4/7/87 x 21. Letter from Mr. & Mrs. -Swanbe;g,dated .4/17/87 -x 22. Letter from Mr. & Mrs. Evans dated 4/17/87 x I hereby certify that the 22 items identified herein were submitted to the Department of.Planning Services at -or prior 'to the scheduled Planning Commission hearing: I further certify hat these 'items were', forwarded to the Cleric to the Board`s office on April 24 19 87 . STATE OF COLORADO ) COUNTY OF WELD. ) SUBSC,$IBED AND SWORN TO BEFORE ME THIS Z4+1DAY OF _ Cu�`V Cr' NOTARY PUBLIC exm n A `R co,mTSSION EY.PIRFS My Csa�^�ss oa Expires M2y 27, 1?39 8'7® • • 44 000 ACRES , Oil nr✓l, caper a o % 3 c . • - _ ^ - et'glL7 Frwwr_S/r/d i so-mitts'Si.ati keen ' /rr..ib.s;orn6/s44' ` Arr07'Il1anr shear r is'OAP.mega? 94.5-29.5.t. T _' t 47 i said i'.;.... at' +)..r 11 • r/ lbrM ...• I 45ti•rfarIMI Mee biii 47t ,p O'-'/6'0nr.talc.-- P N Os ti ,020- Za , I. 7ttee 3 ie.:)a' cogr lf lon/sero� DI fch � ka7S 5.7$ . . E_ vs cal.Sec Si F crl iy %x al r 8'70446-- Greg ZadeT , 311 Grant Ave. ^ P.O. Box 90 Firestone, CO 80520 Port Lupton Industrial Bank P.O. Box 149 Fort Lupton, CO 80621 Appraisal on property at 7987 Weld Cnty Rd 19 in Fort Lupton, Co 'cc ;•;;;; RESIDENTIAL APPRAISAL REPORT NUO Lemma Am 1,CASENYMBEH ,PEATY ADDRESS//AddeI/ICRead(RAW '7987 Hold Casty load /19 tort Lana, CalaraM 10621 Wald Comity 3. LEGAL DESERATION Tart of 1lli of 1108 Soo. 28, TawNiT 2 Vora', last* 67 post of ith T.Y.g Veld Crotty, e. TITLE LIMITATIONS AND RESTRICTIVE COVENANTS T.Y.I. of atearll esthow sass 20 PLANNED UNIT DEYELOFMENt ANTE AND ADDRESS OF FIRM OR PERSON MAKING MOWER/APPLICATION flaw& Zit Code/ HVO LSE ONLY. SLOT DIMENSIOMSC e COB= Y.MY`- •.: CDNTRACT SALT$ ',RICE , IRRECVLAR. SOFT -2 ACRES: - Tart tom. ��6NI k. 7. UTILITIES Ulf. ELEC. GAS WATER SAN SEW ER f� T.C. Teas 11f SRC- ASSESSMENTS I. PUBLIC - Tart T.aptas, CO 10621 z cows). try ' e DATE 3. INDIVIDUAL • E J_ ORANGE! A VEN _ $$THE 7. a masons VENT FAN O VSE SLY... � MMUS TAACT / I l LOCATION CODE / 1 CLOSING CatTS ► 0LZ� I P. REFIUG.''5, DISH WASHER _ .._.. DRYER S.. ■ DI$P. P Ill CARET WILDING STATUS I* s. UNDER CONSTRUCTION PROPOSED I. EXISTING SUBST ANT AL IiQ��. ALT ERATOND IMPROVE- NF HARM ITATKJN J.1�1'RENTS. OR REPAIRS 10. BUILDING TYPE, /_ ETACMEDJ 21�L^��.jTy_CeMb A lJ DETACHED _ RDW AIL � YNIT 11. FACTORY 12A, NO. FABRICATED," BUILDINGS D. ^��--TT 1 Y.,, �NO '� OF t28. No OF UV. I 17A llSTREET ACCFSS 136STREETMAINT- 11I PRIVATE I. PRIVATE 2 Pl1nLIG I PUBLIC STRUCTURE is. - ri CON. 2. ❑ MASONRY 3. CRETE 16, DEMI SPLIT 7.❑FOYER fCasokw ay one limurP 6 D BLEVEL 0. l. �LNFL SPUT OTHER (Esser ,4snAME 4 He. eentelnl►2. U ''Ig. rl. ❑YES -2 ® ND T. CONS R. WAR 'L ❑ TES 2. INCLUDED? T NO IS. NEIGHBORHOOD DATA ITEM DESCRIPTION COND.(Observed) CHECK ONE B. PRESENT LAND USE LO O BMIlTA/P ►-.F20�% it TYPICAL RENT I. TYP. BLDG. AGE Tg FOUNDATION Conc 2—G VIteAN VBC80 — SeF. E. Desna) p,/� Y 8400-800 Awl 1-80 YEAR(SI B ROOF COm) 2-G -3-G SUB URBAN C ANTICIPATED LAND USE F. RENTED ► ..� 11 % A PRICE'RANDE _ U EKT. WALLS SIP 7-alm *RURAL Same G. VACANT ► 10 tip 60,000 - 150,000 1 INT. MALLS Plaster 2-G or t:;ITE IMPROVEMENTS 21. STREET SURFACE 22A FEDERAL FLOOD MAP ISSUED? 220..IROIERTY IN SVCCIAL FLOODNA2ARDARFAI D FLOORS carpet 2-G ! CURS 3. ^ GUTTER HAZARD N Nro.srsr m Sp GMW 2-G 1 WALK A• &wail 2 -asphalt 1, (yES 2.p NO I. OYES. 2.51 NO G PLUMBING Copper 2-G rvioncEOF a UNIT RATING (Chia ( t/)) GOOD AVG. POOR INSULATION 4afiber 3-F DRY ROT 3. SETTLEMENT A GENERAL CONDITION X A ELEC. lAetx/ ZOO amp 2-G _f TERMITES e. DAMPNESS a EVIDENCE B. ROOM SIZES AND LAYOUT- X T 7, %SSW. I. CENT. AIR ONO., FIRErLACE ESTIMATED REMAINING LIFE C,ADEDUACYOFCLOSETS/STORAEW X A SLAB 2. WALL AR COND. REC. ROOM IGG ARM: 40 1. E .40. IC 2 ❑ PNVSICA . D. KITCHEN CABINETSAYORKSPACE X ► 3 CMLV/LA, No OF UNITS: ITEM SUBJECT PROPERTY COMPARABLE NO. T COMPARABLE NO.2 COMPARABLE NQ 3 ADDRESS, .I J ,� w; 7201 Weld Cnty RD 11 5366 Weld Cnty Rd.18 7253 Del Comundo PROXIMITY TO tutu y ,,iiYa:AS ��tN IR1 ECEf M 3 miles W 2♦miles NW FDATA SOURCE Ltz'>� HLS. HLS HLS TYPE OF FINANCING AND KALE FRICE ` ASH 1282,901Y VA 4890,000 ll JS> CV 42105,00b--- ITEM DESCRIPTION Is DESCRIPTION (0 ADJ. DESCRIPTION HI ADJ. DESCRIPTION ROOM TOTAL LIVING room em.. MTH TOTAL S.F. ROOM SOR.a MTH TOT.F.F. ROOM soma MTH Mt V. , ao0118 NMA' OATH 1�''` S F. 'La coMNr MownaN 8 3 1 1712 6 3 1 11942+8000 8 4 2 1898+2000 8 3 1.51680 s-500 DATE OF KALE N/A 1-86 - 2'-86 - 3-86 - - LociaoN Southern Weld Southern Weld - Southern Weld - Southern Weld - SITE/VIEW 10 acres 1.15 acres +1800C 3.3 acres +15000 6 acres +6000 DESIGN AND APPEAL 2 story / 2-G 1 story / 2-G — 2 story / 2-G - ',BiLevel / 1-E - CONSTR. WALITY Frame - Frame - Frame - Frame - AGFICONDITION f 05 / 2-G 20 / 2-G .. 70 / 2-G a000 78 / 2-G 1 -15000 B$MVBLdT Fa. RMS.. -- - -- - -- - ••- y - FYNCTIONALUTILITY Fair Good -5000 Good -5000 Good -5000 AIR CONDITIONING +- -- -.. -- - -. -- - ENERGY ERIC. ITEMS some storms -- +500 storm windows. -. double pane - STORAGE - sheds sheds - sheds - shed - PARKING FACIUTIES ► 1-G-1) 2 -G -D -1500 -- +1500 2 -G -A -2000 COMMON ELEMENTS MONTHL"YASSESSMENT N/A N/A T wood stove - -1000 N/k _ -- - - N/A pool - --3000 CARER J.J. FINIM1., SUMM eeIMRIMt. ^°tat.e'� outbuildings irreg wells outbuildings ^- +1000 +2000 outbuildings -- +2000 +2000 -- fireplace $ ^ tjtf TOTAL NET ADJUSTMENT ENTER (H OR (-/ + S 22 000 ENTER MOB t-1 + B 5500 ENTER HI OR (-I - f 2500 INDICATED VALUE �' �� B 0 ' OO 27A' INDICATED VALUE IR MARKET DATA APPROACH : ► 8100,000 x ISTIMATEDE YALU R. A. ANNUAL ORDIAM RENTLAND 27s. INDICATEDVAug EON. MKT. RENT TIMES OROS RENT WLTIPL, EASE DATA $ CAP. AT Y. fN/A BY INCOME ARMAGH (gyPlbesNl ► f IMO. %IS N/A fr. /CaeMMr 17M04.1nD.1ND. B. YALOFUMW PEE GYNM_t>F LEASEHOLD EST VAL MaM SY COSTAPPROACH Nam.) NAr.ea eL) ► 5 N/A 535,000 $ N/A f N/A' 30. DOES PROI. Li�. I &YES CONFORM Al TO APR -WAIL( MINI MM PROPERTY REDUIREMENIS7 .. NO Of -NA -expels *arm 32) H. APPRAISAL MMADE: ik, rj;;nl taw As i3. 2.❑/ELTPEA SUBTOCCAlria oli A?SJECT TO REPAIRS, PLAMSPEC. 3.❑ ALTERAnONS, ETC. 32. ADDITIONAL COMMENTS(halm nPM.a•)ria•sensyn.Uaa snmansarEPtl.ngenlated eau eatat. Aran tortaR$$FIIyi n -FINAL RECOM ILIATIONIESTIMATED VALUE wPwew See Addendum $100,000 C.C. $1,200.00 ITE: No determination of reasonable value msy be made unless • completdspyraial report is noted (38 U.S.C. 1810 (VA ONLY)). - ERTIFY that (Wham carefully viewed the property dearribed 1n this report, INSIDE AND OUTSIDE, a far as it has been oompMud: that (b) It is the same property that is identified by .aiption in my appraisal assignment: that (c)1 HAVE NOT RECEIVED, HAVE NO AGREEMENT TO RECEIVE, NOR WILL I ACCEPT FROM ANY PARTY ANY GRATUITY OR PAY- I:NT OTHER THAN MY APPRAISAL FEE FOR MAKING THIS APPRAISAL (HUD/VA ONLY); that OD Ilan Do Sang. preMn x,104167$$$. M Ibs ApplissM. Sr. plopasT.Or dime: that (a) In =Mug st the etikMtd Wine I Imre not been inflamed ia any mAareMataossa by the ma. color. tHisios, isalk®tMrs, a ad any perms s$$ osi&the pear Iy or k the neighborhood wham. it hloaned. I understand Masai I Am a fss APWaiM.Ykktlon of Uw e6l'iSption as Moult In my Raoul faiths foe appraiser's soda. A-GNA O w/8dI QN�. f,>y�r�A�1 I�r$6 . c ell l �.a °ma tRE ONLY FM.M.w)JJL Pea—MIDaaMaW/ 1 ORM REIMS. NOV IER2 971100.3 EMMA 11228 � i/ r Not ON NAPPRAISAL SEND THIS COPY TO MANAGEMENT INFORMATION W SY$L\L6TUVP.MW, SINGLE 1 MANLY INSURED BHA ,<'u VAMUNF.MA PILE 870446 APPRAISAL REPORT ADDENDUM Note. This P1is tae official FNA !' X I'S" 051 4343070 703 F loation- cation r r btrig x °cation rropa �c • ta4Ta oca ioe Acts b� �.. ; r Ra ec r 7987 Weld Cnty Rd 19 Fort Lupton, Co 80621 2. 7bethly Exams, Etti 'tC 3 bat* bat* Itactiv rata� wiled to FHA oCa on ' per + * °cation 323 C Location Rejects. L°cation and PropertitRolerad hronology of Appraise 5-5-86 ire tnsureece 34.00 ' Taxes $ 42.00 Aolae lener's Assoc. Monthly Fee S -o- 2iai-etenalloe and Repairs S 29.00 5-6-86 6-9-86 ' Neat and Utilities $80.00 4. Estimated closing Costs $1,200.00 6, &math Section 6. EstreatN Yalu of Property $100,000.00 1. Subject is a typical older country property - house is a,2.story with a functional utility adjustment for the only bath being off the kitchen and the 2nn,hedroom upstairs not being private from the stairs 2, Property is a 10 acre site with several. outbuildings in good condition. 3. Comps vary somewhat from subject but are the best availabre' in the I"rea of the subject heasrad ill DallUune 9. 1986 ti 44. 87U446 REGION Vlfl COLORADO JURISDICTION P:`tA � at' yo tit O�O *Np z1III1 41 ) 9 Q e.N OEVer UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DENVER REGIONAL"OFFICE, REGION VIII EXECUTIVE TOWER BUILDING 1405 CURTIS STREET DENVER, COLORADO 80202-2349 APPRAISAL PROCESSING MANUAL Prepared by: Clay P. Brown Single Family Valuation Section • Date: 6/86 870446 HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO Part II Page 9 Box 16 - Underground Wiring: The appropriate item should be checked. Box 17 - Construction Warranty: For properties that are less than one year old, the appropriate item should be checked. Box 18 - Neighborhood,Data: The neighborhood should encompassthe immediate areas surrounding the subject. The major factor to be considered is that the neighborhood should be large enough to include all important land uses near subject that have a major value impact on the subject property, while being small enough that a truly accurate analysis can be made. As such, the neighborhood must consist of more. than just the several square blocks surrounding the subject property but should not generally cover the entire city (except for smaller towns). Box 18A - Urban/Suburban/Rural: The appropriate item should be checked. Box 186 - Present Land Use: In the limited space available an overall accurate representation should be entered that. will indicate the major land uses of the neighborhood as described in Box 18. A percentage should be entered for each land use type that exceeds 10% of the neighborhood. Land uses of less than 10% should be shown in Box 186 but no percentage need be ,entered. Acceptable abbreviations for hand uses are as follows: Single Family residential = SF Z. 3 and'4 unit properties _ MF Apartment building (5 units or more) = Apt Condominiums = Condo Planned Unit Developments PUD Attached single family residential . TH Mobile Home Park = MH Commercial = Com Industrial Ind Vacant land (including farmland and parks) - Vac Other (hospitals, military bases, universities, etc.) = Other Note: The appraiser is expected to be able to differentiate between condominium buildings (Condo) and apartment buildings (Apt) as well as between Planned Unit Developments (PUD) and a townhouse development with no home owners association (TH). All entries are expected to be accurate and complete. Box 18C Anttcipated Land Use: If no change in the basic land use is anticipated then a brief_ note ("same", "no change", etc.) should be entered= Otherwisethe abbreviations and percentages explained for Box 186 should;be used for the.ltkely future land use.. 870446 Part II Page 10 HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO Box 1BD - Built Up: The percentage of the land in the neighborhood that is fully developed with building improvements should be entered. Box 18E - Owned, Box 18F - Rented and Box 18G - Vacant: The percentages entered in these boxes should add up to 1007.. These percentages relate to all living units in the neighborhood. The entry for "vacant" refers to temporarily vacant living units. Box 18H - Typical Rent, Box 18I - Typical Building Age and Box 183 - Price Range: All living units in the neighborhood should be considered when entering a range of typical rents, building ages ,and prices. A single figure is not acceptable for any of these entries. Box 19 - Building Data - Description: A brief description of the' type of materials used in each of the components should be listed to record the important physical characteristics of the structure. Special consideration should be given to the following items. 1. Exterior Walls - The proper number and abbreviation code must be entered in the space. The only acceptable entries are: Wood Siding Wood Shingle Asbestos Fiberboard Brick or Stone = 1-WSI = 2-WSH = 3-ASB . 4-FBD = 5-BRS . Stucco or concrete block Aluminum Asphalt Siding Combination types Other = 6-SCB = 7-ALM = 8-ASPH - 9-COM • 0 -0TH 2. Heating System :The proper abbreviation code must be entered in this space. The following approved abbreviations are the only acceptable entries: Gas Floor Furnace - GFF Gas Forced Warm Air . GFWA Gas Gravity Warm Air . GGNA Gas Hot Water • GHW Gas Space Heater = GSM Gas Steam GS Gas Wall Heater Electric Baseboard • EBB Electric Element Type - EET Electric Heat Pump . EHP Electric Warm Air • EWA 011 Floor Furnace - OFF Oil Forced Warm Air . OFWA Oil Gravity Warm Air . OGWA Oil Hot Water = OHW Oil Space Heater OSH Oil Steam • OS Oil Wall Furnace • OWF Other Fuels • OTHER Purchased Heat • PH . No Installed Heat = NONE • Note: A solar heating system is acceptable with a 100% backup conventional system. The proper entry for such a system consists of an abbreviation for the type of solar system (Solar Liquid . SL, Solar Air SA and Solar Passive SP, plus the type of backup systems. Example`. A Solar Air system with a Gas Forced Warm Air backup system — would be SA/GFWA. It is necessary that both components be clearly 8'70446 HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO Part II Page 17 a. The appraiser must specifically and completely address the use of any comparable that exceeds the six month date of sale limit. In the remarks section the appraiser must identify the specific comparable that violates the six month limit, explain in detail why it was necessary to use such an old comparable, include a statement explaining that the old comparable is still a valid indicator of value due to the flat market and explain exactly how long the market has been flat. b. The Chief of the Single Family Valuation Section of HUD/FHA must make a determination that the. Real Estate Market in the subject area is and has been flat for at least six months and this flat market has resulted in such a lack of market data that it is necessary to use older comparables in order to establish a value_ It should be noted that the Chief of the Single Family Valuation Section has determined that a flat -market situation currently exists and has existed for the past several years. As long as such a situation continues to exist, it will be permissible to use old comparables as long as they are the best comparables available and are properly and completely explained. It is prohibited, however, to use any sort of time adjustment while a flat -market situation exists. Failure to adequately address the use of a comparable that is more than six months old may result in .that comparable being considered as not acceptable and is possible grounds for rejection of the appraisal package by the FHA Review 'Appraiser or the Direct Endorsement Underwriter. 7. Location -.Any dissimilarity in location of the comparables should be noted and adjusted for, if applicable. Location is probably the most important consideration when determining value and it is essential that all aspects of location should be accurately treated. Some of the important location differences that must be taken into consideration are: a. When a comparable is used that is located in a competing area of the same city, the appraiser should briefly note the similarities and dissimilarities of this area as compared to subject's area and fully explain the use of a dollar adjustment, if one is necessary. The subject and all three comparables should be located in the same city and county. Whenever city and/or county boundaries are crossed, a full and complete analysis must- be made in the remarks section regarding the market impact of such dissimilar locations. This analysis must address the tax base. the schools system, the amenities offered, etc. -of the different" cities and/or countiesand fully explain the market impactofsuch differences. If an adjustment is necessary, the analysis should fully ,explain the basis for this adjustment. a 8'70446 Part II Page 18 HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO b. When a location factor is noted within the area (which can be either a negative factor such as a busy street or proximity to commercial or industrial or a positive factor such as proximity to a park or greenbelt), the factor should be noted and a reasonable adjustment made, if applicable. If a location difference is present and is not adjusted accordingly, an explanation must be offered to justify this lack location of an parentln adjustee is (anythingexc edireasonable ngabout$3,500t )smustbe fullLarge, y explained and justified. 8. Site/View — The size of the lot for subject and all three comparable should be entered' with appropriate adjustments for any large variations (or an explanation for the lack of an adjustment where a large variation is shown). Any impact of view should be noted' with an appropriate adjustment, if applicable. Principle of Excess Land — The subject property should be, appraised considering a reasonable sized lot. Oversized lots are acceptable as long as they are typical for the area and the configuration of the lot and house on it has the utility of a single property. If the configuration is such that an entire lot or number of lots could be split off with no adverse affect on the viability of the subject property, then that land would be considered to be excess land and would be totally excluded from value. Appropriate remarks are required to 'fully explain the situation. When appraising a property with an oversized lot in an area where such lots are not typical, the appraiser shoold give only limited consideration to the value of this oversized lot which would be classified as an over -improvement for the area. Further information regarding the valuation of the lot may be found in the notes from Box 28. When an appraisal is performed on a condominium unit, the level of the unit should be entered in this space and appropriate adjustments made, if applicable. For FHA purposes, condominiums should be classified in basically two different types: low-rise and high-rise developments. a. Low-rise developments - This refers to two and three story condominium buildings (with units on each level). There is a general consensus in the real estate market for such units that: a top level unit is superior to any lower level unit due to less noise. Tile appraiser should enter the level location and make an appropriate adjustment, if applicable-(or'explain fully the lack of`an adjustment where one would appear to be reasonable). b. High=rise developments - For high-rise condominium buildings there is generally a:premium for units higher in :the building. The HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO Part II Page 23 21. Indicated Value - The three indicated values should closely bracket the final value (see the explanation of bracketing in the notes on Sale Price. Box 26. item 4) The indicated value of any of the three comparables should not vary from the final estimated value of subject by more than $3000 or 3%, whichever is the greaternumber. This guideline is for extremely difficult appraisals; obviously it would be preferable to have a much tighter bracket of indicated values with a much smaller variation. Box 27A - Indicated Value by Market feta Approach: The reasonable estimated value as supported by the indicated values of the three comparables in Box 26 should be entered here., The figure should be expressed to the nearest $1000. The appraiser should avoid using 'odd" figures such as $35,600 or $62,250 as a final value; whenever possible the figure should be rounded off to the nearest $1000 (in this case, $36.000 and $62,000). Box 276 - Indicated Value by Income Approach: The formula for Economic Market Rent times Gross Rent Multiplier is required on all appraisals of three and four unit properties. These spaces should be left blank on appraisals of one and two unit properties. Box 27C - Indicated Value -by Cost Approach: All cases involving properties that are less than one-year old must have Box 217C executed. The figures used in this Box should be obtained from the figures cm either Marshall and Swift Form 1007 (Square Foot Appraisal Form) or Marshall and Swift form 1008 (Segregated Cost Appraisal Form), one of which must be executed m all properties less than one year old. Box 28 - Estimated Land Value - The land value for the subject property lot should be entered. The land value shouTd reflect the current usage of the lot; not its value for any other purpose. Please see the note regarding the Principle of Excess Land in the notes for Site/View, Box 26, item 8._ For condominiums, which have no lot, a flat land value of $10,000 should be utilized. This figure represents a null figure for condominium cases where a figure must -he entered but none exists. Box 29 - Lease Data: If an appraisal is performed `on a property involving leased land, the appraiser should refer to HUD Nandbook 4010.1, Chapter 3 for instructions on the proper completion of this section. Box 30 - Conformity to Applicable Minimum Property Requirements: This space is to be executed only on existing cases. The appraiser should check the appropriate box to indicate that the. property does or does not meet the Requirements for Existing. Housing, One to Four Family Living Units (HUD Handbook' 4905.1). f 870446 Part II Page 24 HUD/FHA APPRAISAL PROCESSING MANUAL FOR COLORADO Box 31 — Appraisal is Made: 1. As Is - This box should be checked if there are no Valuation Specific Condition requirements made 2. Subject to Completion per Plans/Specifications - This box should be checked for proposed construction or substantial rehabilitation (203K) cases only. 3. Subject to Repair/Alterations, Etc.: This box should be checked whenever there are conditions noted on the Valuation Specific Conditions Sheet. Box 32 - Additional Comments: Comments necessary for even the simplest cases are generally too extensive to fit in this box and the use of the optional Appraisal Report Addendum (See Part IIIA) is strongly urged. Nhen utilizing the Addendum, this box may be left blank or utilized for brief remarks explaining any unusual circumstances relating to the adjustments in Box 26 or the final value in Box 33 that the appraiser feels should be,specifically highlighted. Box 33 - final Reconciliation/Estimated Value: The final estimated value as determined by the Indicated Value by Market Data Approach (Box 27A) should be —entered. It should be noted that FHA places primary reliance for establishing a value on the Market Approach; Income Approach and Cost Approach are utilized strictly as:a secondary support of value to corroborate the Market Approach. The only exception to this is if the appraiser's final value is short of a contract sale price for the subject property by less than $2000 or 5% of the value in. Box 27A, whichever is the lesser amount. In cases where a copy of such a signed Contract is part of the appraisal package, the appraiser should "bump" the value as shown in Box 27A up to the Contract sale price and enter the note "(per Contract)" next to the final value in Box 33. ' It should be noted that this minor adjustment is not the samti as Underwriter's Prerogative. The estimated closing cost figure (as determined from the Closing Cost Estimation Guide) should be entered with the notation "cc" entered either preceding or following the figure. Box 34A - Signature of Appraiser: The appraiser must sign the 92800 in order for the appraisal to be valid. The appraiser's signature certifies that all data entered in the appraisal package is true and accurate to the best of his or her knowledge. The signature is also legally binding to the note printed just above Box '34A which placts stringent guidelines on - the appraiser'3 legal responsibilities regarding the execution of the appraisal. 3ust after or just below the appraiser's signature, the appraiser Yg 8'70446 CONOCO LOADING AND UNLOADING STATION 1/2 MILE SOUTH 7/2 MILE EAST Or HAMILTON SITE. HEAVY TRUCK TRAFFIC EVERY DAY. 8'70446 EXHIBIT 0/ y2 AMOCO PRODUCTION PLANT SPREAD'S OUT OVER APPROXIATELY 25 ACRES EXCESSIVE MOVEMENTS AND HEAVY TRUCK TRAFFIC 1/4 MILE SOUTH OF HAMILTON SITE ?2 r�4. 'N a✓ ywn�l f��V)i itt: �"C: t`4�+} t i >t.. ----.;)2,-,--4:z5-...::-;,:-...4,-.*:--:;:..:-.:::,: r ,A,-;--- �t , 5A�y', 5 wi- ,, t ':.' ?Lir+ ih'Y '?` ri 0.,rA5 .d.", h° r '�l . u-- ,,,)-,2:,:-. >f 3 ly'( '�."9 ' y .. f Yt�!�' d 44e...„ , ..::-.-.is' . ,:x MF q' i „' f 4� r . Z ..� N.{- i } aN . i lit Iv K .� a>H.' of eft )S1. r � E J`' } •., t ,..),,,,,..44•,:z..ki . !',% • 41 `pit % .v..gl 4t 4i. tfJt. # f • x 1 rv�l.; .i` t u $F -1 'L' oh' a ��y�iaxi4°lt i J J' > t '.1 .. _ s,'; ' 4 . .‘,.1i., W'�` nF Y, i }>x +4 1�. D b'E !a+"F. .• '�' ..;:c. .,:.. . , . ". 1 A �.f�. icy 1 , •. R .fir ,t e • . ro 6 • .If ti'. 'I. .. n. „ . p n .g,. F w :. c tw fc `n Sr b 4f A.4..;;;44•,"„? .- ^ f t1 fin, it 4' k r .. :T . •1 rR.y '' S y 2 '"' Rr 'YA. `+ )• - e �', t. - • r't4'11C: LL. • , • -. — PIPE ASSOCIATES TRUCKING COMPANY 1 1/4 MILES NORTH - OF HAMILTON SITE 6 TO 8 TRUCKS SHOP AND PIPE YARD = E" H181i 4. p-z) _/3, 7_� , 870446 ASSOCIATES GAS COMPANY UNDER GROUND PIPE LINE'S UNLOADING STATION FOR PROPANE 1/2 MILE SOUTH OF HAMILTON SITE HEAVY TRUCK TRAFFIC 24'HOURS DAY. 1350 FOOT FROM THE DRIVEWAY 8'70446 y EXHIBIT F,),.17 (/4 a ▪ 2' iI 3.r -.•:24,:,---',2....., �'t'Fy. 4.. '}^,s 4i3�� -c�° {t F 7+,it�(J' r\rN ti a•lw_>� a y ''..9.."•:•:; � r i e ▪xw ,i t 4' '^"[ 1! �+'4:t i - i -"? G tJ q C+A'r •1.8 'Fi'--5. ` . ' {• 4 •i :r �r' 1. r r .rr ° "� Yt v"}¢L ,f, at ...'r ••.1 'rif''• • - (' yr if,,. . , . . .' . . t • ., ,. t- w'•7',..Yywdr✓?'..4.1«,a,•e�.Y,..4... • a i f 1 �.zr ti yp �,F r`r ,� , •-••-.‘",.4 r tyt • Li4 l .'h��hC '� LI JJ ,- .•.y1�; :X e:Av - ` "ten t r T'5 i MT +rtat r5 . t4r � � � Mfr+ t . y r ; i�l.f. 'gilt il ` °P �,At�; a '•r. • ,rry�E•yo-' y*-• I ....1•;: r41.� ":/41 e��,...: a -... '°'- .. :• u+� � r r . ii� v ,.r, sA �' n . J �I` r �r'y;1i �f�µ.y n I}(.it1 .r :,,,,,t,^".•...41.1...-„,,„„„.••. r ,44i76,i 4%.? ti FIT• J`µh.2!er wye4 � r fir,• `xli]'r�C• i{R�.•�t„"'�'y�... .+ 1.' j i i f s . ONE MILE NORTH OF 3 HAMILTON SITE TRUCK TRAFFIC EVERY DAY • y EXHIBIT { s1-17 3 .` 870446 47 .57 g HAMILTON FARMS hAS VERY CLEAN AND NEAT PREMISES SELDOM DOES IT HAVE IN THE YARD MORE THAN WHAT'S IN -THE PICTURES OCASSIONALEY ON WEEKENDS MAYBE TWO OR THREE MORE EXHIBIT INVENTORY CONTROL SHEET LAND -USE APPLICATION SUENAR'Y SHEET CASE NUMBER: USR-787:87:12 NAME: Hamilton Farms ADDRESS: 6707 Weld County Road 19, Fort Lupton, CO 80621 REQUEST: Use by Special Review permit for a trucking business in the A (Agricultural) Zone district LEGAL DESCRIPTION: Part of the NE} of Section 33, T2N, R67W of the 6th P.M:, Weld County, Colorado LOCATION: Approximately one mile east of Frederick; south of Weld County Road 16 and west of Weld County Road 19 SIZE OF PARCEL: 40 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Use by Special Review proposal is listed in Sectiou.24.3 of.the 'Weld County Zoning Ordinance. This application for a Special Review permit is for a trucking business in the A (Agricultural) Zone district. The Department of Planning Services staff has received specific recommendations from the following referral entities: Weld County Health Department Tri-Area Planning Commission Copies of these referral are included in this summary packet. Central Weld County Water District, Weld County Engineering Department and the Longmont Soil Conservation Service have responded that they have no - objections to the pxoposal. Referral responses have not been received from the following: -'Fort. Lupton Fire Department; 870446 54 - ,52 • mgrs.. \ •.: i.p 1 3 5 7' el y A 7 50 . >a«.t.., 't '-t .o ! '? i ,e ---‘jI I p. nr]sZtLettl. A. 48 I- 2 . A. . .&scar rffsrf `w• kris .vu.. c....sT n N. 42 413 38 • - 36 - 34 32 -- 30 - 28 26 24 22 t•� _A 20 - . 18 lode, u.,•• y 0 C.w..i.. � . . �3`... ..4 ((�w1!! <Qr p \ p; T4N. • ';•,•..p' •.o p..• 1 m • ` ro - g -• a,•/" W • .• .rl•• C 3 a _ L. ` - . T.3N. p p p • A111 .A. I...a.; p''." :. ..... ✓. :' „. -+��c%' • ;. •..o..•.., '.1 .. .5 •.. ;kg ::Z -!mss •.cr vt o• I••. . a •, I 0ti _ U T2N l •; •• .4.'4, • saw „0„,,, •F tt":244:?ecitx--Zaji, ••••••! :1 • REOEP c RA : x1 • p ✓' Fumaag st; 49)0 • I• 1. � .y laltL, Y lJ „Ai R :r'. t, ,. • • / T 5050 • 3,2 •. 5 • 7 . ;"o` 28. y 8704:46. • BM/ : - a. - •_ - - vr��ti �� x Est s. .' rirkiLa • , i! r f' I �� - / `y Jy 0 41 f S8, 1t' ,,y • rro z / 4 1i ...,.,A., ! lr is 1 n M� 3 y_ - t b Rya ,asealirl Lead; N '(f�T.'l•. YO•. .i ? l) r 4-t-JC I T T 2. t4 yd '�rl3_rt. 1 . y�enrT r�t^"b a `^.+" vf%.c 7F� ‘• .tiF 1 .ttt, Y • '...--'t »u 4';‘-",---"4-...- ' rtii .- '� - .7 .„.•.:4,-....,./v.-.2.7 ..c.:.--.... - - - , ,I i ----c-- - ,-. • pp�a !! ' r.' ..,.� _y; l• ,--c. 7 t ,q r r �....,,• \ \ +!- *1 .. ¢�( 'Y.T} . , y/04. ' . , f � "• "' j' s � " iN 'G <Y �3. . 1 Y�K:h T7°6r4f Ry L` lT • Y• �.. '. •71 Ca '' 4 x1 x-. _ J mart/•r .r' _.. --r a• ,_- ° - • 11 Zl h.L ti r ....s -.TAW— - �y:14'1i,�,uCr •a C. •---,r1 toL 3 ' �._ .•"��. a ! `O'C�fyJ� i al i.�'A•i, �. 11� 4 �y.. f , s t f '. FIELD CHECK "ZING NUMBER: USR-787:87:12 DATE OF INSPECTION: March 31, 1987 NAME: Hamilton Fares BEQUEST: Use by Special Review permit for a trucking business in the A (Agricultural) Zone district LEGAL DESCRIPTION: Part of the NE} of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: The southwest corner of Weld County Roads 16 and 19 LAND USE: N Weld County Road 16, one residence, cornfield Barley, oil and gas production Barley,, oil and gas production F Barley, -oil and gas production ZONING: N Agricultural-- Agricultural $ Agricnitural W Agricultural Access to !this lot is from Weld County Road 19 which is a gravel road. On the date of inspection there were 5 tractors and 4 -trailers on the property. Amoco's gas processing facility plant and Associated Natural Gas's compression, unloading facility are located just south of this parcel. Oil and gas production structures such as tank batteries are located on the parcel and in each direction. 8'70446 REFERRAL LIST APPLICANT: Hamilton Farms CASE NUMBER: USR-787:87:12 SENT REFERRALS OUT: March 24, 1987 REFERRALS TO BE RECEivau BY:- April 6, 1987 NO SR NR NO SR NR % County Attorney % Weld County Health Dept: X Engineering Department County Extension Agent Office of Emergency Mngmt ✓ % Fort Lupton Fire Department - Attn: Ron Ceretto, Chief 8.0. Box 350 Fort Lupton, CO 80621 R Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 % Tri-Area Planning Commission 7.0. Box 363 Frederick, CO 80530 R LeAnn Reid Planning Commission Member 7830 Weld County Road 81 ' Roggen, CO 80652 % Longmont Soil Conservation Service_- 9595 Nelson Road Box B Longmont, CO 80501 NO.,No Objection SR*Specific Recommendations" NR�No'Response ' 870446 Dear Mr. Swanson: Mr. Lanell Swanson Department of Planning 915 10th Street Greeley, CO 80631 Tri-Area Planning Commission P. O. Box .363 Frederick, CO '80530 Services The Tri-Area Planning Commission (TAPC) held their regular meeting on April 7, 1987. Application from Hamilton Farms for a use by special review permit was on the agenda_ There was no representation from Hamilton Farms or Suckla Prams. I note for the record there were approximately 20 people who live in the area, who voiced there objection to; this application. After great discussion from all concerned the TAPC denied application. for the following reasons: 1. No representation from Hamilton Farms. 2 Lacy: of information. 3 Flagrant use of an agricultural -zone.' 4 Incomplete -application. 5 Abuse of. the tax base, presently agricultural. Should -you have any questions, please don't hesitate, to call. Sincerely, {' P(avc fi_, Rekiecca'E. Marker Secretary Tri-Area Planning Commission X7(117 APR 101987 91PJd te: pun tassitsis (Spoke to Brian in your office today, stating our decision on the - above application with correspondence to follow.) 870446 faitz 11111e To COLORADO • • ITIEMORACIDUTI Planning Department March 27, 1987 Date Wes Potter, Health Protection Services Prom Case No: DSR-787:87:12 Name: Hamilton Farms Health Protection Services has reviewed this proposal and- recommends for approve, subject to the following conditions: 1. No disposal of solid or liquid wastes shall he permitted on the site. The underground storage tank shall be reported to the State Health Departmeat and permitted, In accordance with the State Underground Storage Tanks Program., By Direction of: Ralph R. Wooley, M.D., Director 1Ctcp ii,Y� 4 jbfir ILAR -2 7 ?98? ?� Weld Cu. Plamdiel eaddiasiOD 8'70446 DEPAI4'NT OF PLANNING SERVICES PHONE (303) 356.4000 EXT. 4400: 91510th STREET ` GREELEY, COLORADO 80631: NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, April 21, 1987, at 1:30 p.m. to review a request for approval of a Use by. Special Review permit for a trucking business in the A (Agricultural) zone district from Bamilton Farms. The parcel of land is described as part of the.NEI of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado, containing 40 acres, more or less. The property is located approximately one mile east of Frederick. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners` Hearing Room, First Floor, Weld County :Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 21, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by April 9, 1987 n J Received by:' f7144ru:,(Y t..22/ �,,, . Data: U 33/ / 77 870446 SDRR0GNDING:PR0PERTY OWNERS.:. DSR-787:871I2' Hamilton Farms Central Weld -County ;Water °'District 2235 2nd Avenue Greeley, CO 80631 Ernest L., Sr,; and Helen Craig 7772 'Weld County Road 16 Fort Lupton, CO -:70621 Colorado Commercial Investment 7590 West -Colfax Avenue Lakewood, CO s0215 Machie Ross Petroleum 3420 Ocean Park Blvd.; Suite.3070 Santa Monica; California ':80405 David E. -and Catherine A. Mallory 7543 Weld County Road 16 Fort Lupton, CO' 80621 Gustas and Norma Lathouwers 7128 Weld County 'Road 16 Fort Lupton, CO 80621 Amco Products Company 600 -.South Cherry, Suite 915 Denver, CO 80200 Edgar Troll 8275 Weld;County Road 16 Fort Lupton, CO 80621 Robert and Bonita A. Martin 8445 Weld County Road 16 Fort Lupton, CO 80621 Larry and Kin Richmeier 8511 Weld County Road 16- Fort Lupton, :CO 80621 Ed and R. A. Swanberg< 7124 Weld County Road 17 Fort Lupton, CO 80621 Lisa A. Gould 9801 Grandview Arvada, CO 80002 , 870446 -Page 2 Energy Minerals Corp., 1600 Security. Life Building -Denver, co ,-80202 Marion J. Hobbs, .Carla Johnson Trouat' and Susan J.-Botinelli JOHNSON FARMS 14491-WEld County -Road 15 Longmont, CO 80501 Thomas E. Spurling 6648 Wald County Road 19 Fort Lupton,;CO 80621 870446 MINERAL OWNERS DSR-787:87:12 Hamilton Farms Amoco Production Company P.0, Box 39200 Danver, CO 80239 8'70446 • • USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone — 356-4000 —'Ext. 4400 Case Number Application Checked by Application Fee Recording Fee Date Received Mylar plat submitted Receipt Number Receipt Number aaaaaaavaaaaaaaaaaaaaaaaoaa:aaaaaaauaraaalitl raaaaaaaaaaaa aaaaaa TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) - I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed 'Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:4iyy Section 33 T N, R (0 11 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: $1.,,..-� Section T N, Property Address (if available) 41707 tLgr tk PRESENT ZONE Aq r; cs, OVERLAY ZONES TOTAL ACREAGE u PROPOSED LAND USE TAtkitAc .41_,hnu/hI. S/Wta Mad kAAQ EXISTING LAND USE 4,111Am, Ad, v, SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: {n —/ c (// , Name: .c.uAMAL' `S fOrtlSi. ( 'i Ll -u-e 'ak s) �� Address: City __5_1(_1/21(211_ Zip +y1z1 Home Telephone # 25'1 '��1 �1- Business Telephone 4 Name: Address: Home Telephone p City Business Telephone f APPLICANT OR AUTHORIZED AGENT (if different than above): Zip Name: /AM LION l ION A S L 'ER D 1, l� Pi1�\-1 9W Address: Cityf j.y 4{� Zip Home Telephone # -026q —&scu , Business Telephone # SIAA,A List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name Name: Q/► ALE* Address: 4.�nnr� City Zip 1O1(2-1 I .hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY- OF WELD ) (� I STATE OF COLORADO ) Signature: (honer or Authorized Agent Subscribed and sworn to before me this 04 —_'jay of 19 SG. �6«,.-e; C�diele.:= NOTARY PI IC My commission expires 1-73-90 870446 HAMILTON FARMS SUCKLA FARMS Since 1974 there has been Trucks, (Tractor and trailer semi- combinations) parked and maintained on this farm. In 1974 there were two trucks and - trailers parked on this farm that hauled for Great Western Sugar Company and two trucks and trailers that hauled agriculture products and food to and from California on this date 7-15-86. Hamilton Farms owns and operates eight (8) trucks over the road hauling agriculture products, food and meat in the western half of the United States. We own twenty (20) trailers which very few are kept at the farm. It is very seldom that more than four (4) trucks or four (4) trailers are in the yard at time. All of the trailers are left at Bar S. Foods, Denver, or at Champion Boxed Beef in Denver. We have a shop to maintain trailers at 7920 E. 88th Avenue in Commerce City, Colorado. The same access and Drive Way, in this farm is to a big set of Tank batteries for Amaco Products Company. This drive way is used heavily daily by Amoco truck traffic and by A. & W. Water haulers and by Flint Oil Field Service with semi's several times a day. We ourselves, have kept trucks on this farm for over 12 years: and have always maintained a clean and neat; appearance. We leave and return very quietly, which is more than we can say for the Oil field people. 1/4 of a mile south, corner of road's 14 & 19, Amoco has a huge gas plant where there is heavy truck traffic in and out all day's with hazardous materials and gases. Directly across the road there is a propane gas plant with heavy truck traffic in and out 24 hour's a day. 1 and } Miles south of this farm there is a water injection field on the south Sukla farm, where A. & W Water Haulers are in and out heavily coming and going each and every hour all day long, as well as Flint and Amoco Oil Company with ,trucks and Semi's. We wigh to draw this to your attention as we would like to file for a special Use Permit in Weld County, so this matter will be handled Legal and proper. S"ncere- Fred L. Hamilton` HAMILTON FARMS TRANSPORTATION 870446 �I In compliance with Section (3), three of Speical-Use Permit questions. We are not'in a flood-plaines area, andweare in else. April 17, 1969 ACTIVE TAPS TAP FEE AGREEMENT THIS AGREEMENT, made and entered into this first day of September 79 T by and between the CENTRAL WELD COUNTY WATER DISTRICT, hereinafter called the District; and Frank Suckle and hereinafter called Customer, WITNESSETH:' WHEREAS, District has been organized as a legal body and is known as the Central: Weld County Water District, and WHEREAS, Customers are taxpaying electors within said District, or desiring to join said District, or and, WHEREAS, Customers are desirous o£ purchasing 3 water tan of _ inches in diameter from the said District, NOW, THEREFORE, in consideration of the Premises and the terms of this agreement, it is mutually agreed as follows:' 1. Customer agrees to pay the plant investment fee of $ Paid 9/$ Dollars, 2. In the event it is not economically feasible to extend the water to the property line of Customer, which matter is in the entire discretion of District, then all sums paid hereunder shall, be returned to Customer and the agreement shall be null and void. 3. The description of the premises for which these taps :are being Purchased is as follows 4. This agreement, when ao»roved by the Board of Directors, shall. become 3 legal and binding contract upon all parties hereto. 5. Custom r-further-agrees._to_execute_any and »17 Qaseme ed sDistrict at no expense to Distrie across-Customs€r s property firth urpose of install any_piaet-ineS constructed by District. District shall be responsi6rector-restoring \ surface area back to reasonable condition at District cost. 6. It is further mutually agreed that this agreementshall extend to and be binding upon'ihe heirs, executors, administrators end assigns Of the parties hereto. 7. Customer further agrees to the following special provisions: 8. Customer further -agrees to abide by the rates established and the rules and regulations o£ the District. TN WITNESS WHEREOF, the parties hereto have hereunto and hereunder set their signatures the day and year first bereinabove written CUSTOMER SIGNATURE CENTRAL WELD COUNTY WATER DISTRICT (Property Owner), A7TEST 8"70446 • • c}iamthon 9azms: gtans.`iottatlon 6707 (w.c.c.R. 79,. 9t so6n .4CC•eft et '741.4 303.654-0761 Department -of Planning Services 915 10th Street Greeley, CO 80631 co. Application requirements Detailed description of the proposed operation and use as follows Proposed use is for office use purposes. Small existing house is remodled for office 1purposes only. The existing shop on premises 50' x 100' used for servicing tractors and farm equipment. Surrounding properties used for agricultural farming, Amoco Production Co's Natural Gas and Propane Plant and Panhandle Eastern Natural Gas. Also - Machie Ross Gas Plant. The distance between the residential structures is approximately g mile is either direction. The maxium number of users is one -- Hamilton Farms Transportation Co. The water source is city, Weld Central Water District. No additional water needed. Access route- Hwy 52 and Weld County Rd 19 and also Hwy 66 and Weld County Rd 19. Vehicular traffic is Semi truck weight is 35,000 to 80,000 lbs ea_ Frequency of traffic in and out of premises is approximately 2 per day on the average per week. Sewage facilities - no sewage`— waste is dumped or released or disposed of on premiseg no foreighn,matter:or trash disposed of on premises. We have dumpster pick-up"once a week for any unwanted trash.., Used oil is dumped into 131500 gallon underground tank and pumped out as'needed.and hauled 'away to Denver: f370446 • • J/amiCton 9atmz gtansfiotta.tion 6707,<il IcA( ;9, 9r. tu�t�, C'C s,,o_•, Ye =ilea 17}.74 303-634'0767 Page 2 No animals are involved other than farm Storm water facilities,- None Landscaping is to stay as is. Erosion practicesby surrounding property. No reclamation proceedures cattle (O controlled lby good farming No construction is necessary at this time. All existing buildings are to be used as is. 3. In the surrounding areas ther is a great deal of truck traffic due to the gas plants and oil fields in the surrounding area. There has not been any agriculture land eliminated and do not have any future plans for doins so. Have necessary grounds for operation and have no plans for expansion what so ever. There are no hazardous materials on the premises. All provisions for safety on entering and exiting are taken. The use of the equipment entering and exiting the premises are used to haul approximately 50% agriculture commodities and food products in and out of Weld County and the state of Colorado. 870446 NAMES OF OWNERS: OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION # !Public Service Co. of Colorado 1311 33 000 034 115 18th / Central Weld County Water District Greeley, Colorado 1311 32 000 013 J J d 7772 W. C. R. # 16 / Craig, Ernest L_ Jr. & Helen ct 1„rT fnlnrarin RnA21 1311 32 000 018 7590 West CO«nn1fax Avenue Colo. Commercial Investment Lakewood. Colorado 80215 1311 32 000 020 3420 Ocean Pk Blvd. Suite 3070 Mackie Ross Petroleum Santa Monica, California 40b05 1311 32 000 020 City of Frederick, Colo. Frederick 80530 Mallory, David E. Gicati irvrviA-7543 W.C.R.# 16 & Catherinn a- Ft Luptnn„ Co FICA71 7128 W.C.R.# 19 lathouwers Gustas & Norma Ft luptnn, Coln 80671 1311 27 000 016 1311 32 000 021 1311 29 nnn n3� amrn Prndurts rnm[apy Trnw Fdgar Rtchmeier. tarry & Kim Swanherg. Ed &.R, A. 600 S. Cherry Suite fir` 915 Denver, Coloradn 8275 W.C.R.# 16 Ft lisp}nn, Cpin 80621 8445 W.C.R.# 16 1311 28 000 030 1311 28 000 027 n, Colo 80621 1311 28 000 021 8511 W.C.,R # 16 Ft, Hinton. Colo_ 80621 1311 28 000 031 7124 W.C.R.# 17 Ft, Lupton. Cola. 80621 1311 28 COO 032 9801 Grandview Grnild. ILGa�. Arvada Colorado 7317 2$ 000 033 1600 Security Life Bldg. Energy Minerals Coro. Denver. Colo. 80202 1311 27 000 024 Marion J & Hobbs Carla Johnson (Johnson Farms) Trouat. Susan J & Botinelli 14491 W.C.R.# 15 1311-32-000-014 Longmont, Colorado 80501 Ft, Lupton, Colorado 80621 Spurlinq, Thomas E. 6648 W.C.R.# 19. 34-2-67 8'70446 I Frank Suckla, owner of North 1/2 Section 33-2-67, hereby gives permission to Fred L. Hamilton, D.B.A. Hamilton Farms Transportation, the tanent on North 1/2 Section 33-2-67, to file and apply for a Special Use'Permit by Special Review on.said,land in -the -County of Weld on this Date, February - 15, 1987. Frank'Sukla Suk1a Farms, Inc. 8'704:46 - SOIL SURVEY OF WtirD COUNTY, COLORADO; SOUTHERN PART United Stales Department of Agriculture. Soil Conservation Service. in cooperation with the Colorado Agricultural Experiment Station P. ! / i r' :.ine HAM/LTON 28 SOIL SURVEY 40 —Nunn loam, 1 to 3 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,550 to 5,000 feet. It formed in mixed alluvium. Included in mapping are small, long and narrow areas of sand and gravel deposits and small areas of soils that are subject to occa- sional flooding. Some leveled areas are also included. Typically the surface layer of this Nunn soil is grayish brown loam about 12 inches thick. The subsoil is light brownish gray clay loam about 12 inches thick. The upper part of the substratum is light brownish gray clay loam. The lower part to a depth of 60 inches is brown sandy loam. Permeability is moderately slow. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions- An exam- ple of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Generally such characteristics as a high clay content or a rapidly permeable substratum slightly restrict some crops. Allmethods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Most nonirrigated areas are used for small grain. The soil is summer fallowed in alternate years- Winter wheat is the principal crop. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Such practices as stubble mulch farming, atriperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grams. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grams, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops_ Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grams, little bluestem, western wheatgrass, blue grams, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early, in spring has, proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown In the area are generally well suited to this soil Cultivation to eontrol competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an Important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas o£ intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed_ This soil has fair to poor potential for urban develop- ment It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction. Those areas that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas of this soil are adjacent to streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and picnic areas and playground& Capability subclass fie ir- rigated, IIIc nonirrigated; Loamy Plains range site - 47 —Olney fine sandy loam, I.to 3 percent slopes_ This is a deep, well drained soil on plains at elevations of 4,600 to 5,200 feet- It formed in mixed outwash deposits. Includedin mapping are small areas of soils that have a dark surface layer. Some small levered areas are also in- cluded. Typically the surface layer of this Olney soil is grayish brown fine sandy loam about 10 inches thick. The subsoil is yellowish brown and very pale brown sandy clay loam about 14 inches thick The substratum to a depth of 60 inches is very pale brown, calcareous fine sandy loam. Permeability and available water capacity are moderate. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. Inirrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An exam- ple of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines may be needed for proper water application_ All methods of irrigation are suitable, but furrow irrigation is the most common. Barnyard manure and commercial fer- tilizer are needed for top yields. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is mummer followed in alternate years to allow moisture accumulation. Generally precipitation Is too low for beneficial use of fertilizer. 8'70446 Stubble mulch farming, striperopping, and minimum tu- inge are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation on this range site is dominated by sand bluestem, sand reedgrass, and blue grams- Needleandthread, switchgrass, sideoats grams, and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama, sand dropseed, and sand sage increase- Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grams, blue grams, and pubescent wheatgrass are suita- ble for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed- Seeding early in spring has proven most successful Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods- Trees that are best suited and havegood survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil- The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can he attracted by developing livestock watering facilities, managing livestock grazing, and reseeding wher _ needed. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of the Olney soil This soil has good potential for urban and recreational .development The only limiting feature is the moderately rapid permeability in the substratum, which causes it -hazard. of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow welL Capability subclass Ile irrigated, IVe "nonirrigated; sandy Plait range site. t 76 --Vona sandy loam, 1 to 3 percent slopes- This is It deep, well drained soil on plains and high terraces at elevations of 4,600 to 5,200 feet. It formed in eolian and alluvial deposits. Included in mapping are some leveled areas. Also included are small areas of soils that have a loamy substratum and areas of soils that are noncalcare- ous to a depth o£ 60 inches. Typically the surface layer of this Vona soil is grayish brown sandy loam about 10 inches thick. The subsoil is brown fine sandy loam about 18 inches thick. The sub- stratum to a depth of 60 inches is sandy loam. Permeability is moderately rapid- Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, and onions- An example of a suitable cropping system is 3 to 4 years of alfalfa fol- lowed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines are needed for proper water applications_ Allmethods of irrigation are suitable, but furrow ir- rigation is the most common- Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation maybe necessary at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky. Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The ' shrubs best suited are skunkbush sumac, lilac, and Siberi- an peaghrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, turd reseeding where needed. This soil has good potential for urban and recreational development Lawns, shrubs, and trees grow well The only limitingfeature is the rapid:. permeability in the sub- stratum, which causes a hazard of ground water con- tamination from sewage lagoons. Capability subclass Ile irrigated; IVe nonirrigated; Sandy Plains range site. 870446 arelrarrr- v EXHIBIT 2l 2 R. 671 cr U O O N7 ROAD /6 Amoco- gas processing, spindle plant and truck fenni 870446 soicti. Sick o- voterfl Frans ik #iq Mkt", 448/87 =; rIB1Y s F. ;a 8704.46 From Fr®rd- S f useits tome QM 7 (370a,rf North Si clef 0c Proper-1YFro*. R4 #'i9 ii/fs/91 . t 'i ' l / Er / 2 4 M d f } y ;+ ice.. f .1 +:". r ° ( t "````�cc�{/+{{///tt'' '1 co.;♦ '. s• .J,+'i a�'1y, f 743 lCkYddy"M1!!.. v sue... .,/'a i y f �r e.7.F$ , it � S" N' ' fJ��'..+ . ? 'i�" „wit: "� ,. 4.. +. ,'{y k"X' ':111 y� F1'+ j D:' f / 'v'" t. I frriP". e C ,y.. r, -•' ,_yAt 6 ��, t �.ry,. rs {dam !7•T""`Y r. :C fR. ¢:al 1.',"'t • ^.rte," ti ..5.1,4`1.. .y ZA°` '1. .41 Y< , i l‘. .�`, 4. i --7 2222 ' .: - • saw ,+ ..w y "�: gi' - ..E•_ „.-S t ' '. r - t °'ISM- ".. t - ' • `.".... :{r 7 Wain' Fie..v. thief 56'r l3.S' dale*. Mime dC dS'S once 34O/ S47•SnOW 67.'/40' 8'70446 Hamilton Farms owns and operates eight (8) trucks over the road hauling agriculture products, food and meat in the western half of the United States. We own twenty (20) trailers which very few are kept at the farm. It is very seldom that more than four (4) trucks or four (4) trailers are in the yard at one time. All of the trailers are left - at Bar S. Foods, Denver, or at Champion Boxed Beef in Denver. We have a shop to maintain trailers at 7920 E. 88th Avenue in Commerce City,; Colorado. vixo r stare., cot"nterct c ityp Co. 3( Teo-% Se r.s 0.t k t G © n FA -c; � ity 6 /0446 11113/87 • 74e2a 88TS, Commerce C i } y,Co, Y/78/57 • `CQCCENII C. eszt __.rnessi__. - F< 4 • Van_ !it hits ti St "TN. +_A INTERNAL MEMORANDUM ON CURRENT ZONING CASES T0: File FROM: Lanell J. Swanson NAME• Hamilton Farms LEGAL DESCRIPTION OF PROPERTY:Part of the NE} of Section 33, 17N,'R67W o£ the 6th P.M., Weld County, Colorado. DATE: March 24, 1987 CASE NUMBER: USR-787:87:12 Further discussion with Mic.'Hamilton produced supplemental information for the case. There are two houses and a mobile home on the 40 acres. Three septic _aystems'provide sewage disposal. The Fort Lupton Fire District will provide fire protection. The waste Mr. tank until it' at a time.. - Farm cattle are sometimes kept on the 40 acres in corralswhich can accomModate 500 head of cattle. Fami]ton refers to is drain oil which is kept in a holding is:pumped out snd hauled to Denver fox disposal, 500 gallons 8'70446 INTERNAL.MEMORANDUM ON CURRENT ZONING CASES TO: Case File NAME: Hamilton Farms, LEGAL DESCRIPTION OF PROPERTY: FROM: Lane11 J. Swanson Part of: the NE} of Section.33, T2N,-R67W of the -6th P.M:., Weld County,i Colorado` DATE: March 31, 1987 TIME: 10:45 s.m. CASE NUMBER: USR-787:87:12 I inspected Hamilton Farms today and discussed the proposal with Mr. . Hamilton. The following is supplementary information to the application. There are 12 actual employees, besides Mr. Hamilton, who work for the trucking business. There are 2 -people in the office, 2 people in the shop, and 8 drivers. Hamilton Farms owns II tractors and 25 .trailers. The trucks are repaired and dispatched at the farm., but no truck washing is done on the property. There is one aboveground fuel storage tank on the property in addition to the underground drain oil storage. The usual procedure is for one of the people who normally work in the shop to take the empty truck to Denver on Friday to be loaded at Bar -S or Champion Box Beef. The truck is then brought back to Hamilton Farms.and stored until the driver takes it to the West Coast on Saturday. Each driver comes in about once every week. Each truck comes in for maintenance once every 30 days. Mr. Hamilton. stated that at the most there are 4 to 5 trucks on the farm at one time. The empty trucks are stored in Denver "at Bar -S or Champion Box Beef or at Monfort's. The reason the loaded trucks are brought to Hamilton Farms before they are taken to the West Coast is tint security on meat cannot be guaranteed at the places where they are loaded.' Mr. Hamilton understands that should he decide to get back into the cattle business, -.only up to 160.cows would be allowed on the 40 acre parcel. He does "not wish to amend his application to include more than -160 cows. Two horses were on the -property -on this date. 870446 6-- nz4a �. Ga.s.c.d Lij, 727: 37.-./:1--) M _.4th---g,.��- �- � .ate•. ,.,,�,�, � . - ,,„ ,__,,,,_„,..,,,,_a_,_ ri,, e L?_-m-,nom-�� t ,z. tJ_.,. ) 4.4oi- lied vel f ryn'-` _ • _ra., —/AaiziC__J__ aentet .e_ z,2 creezz 1t4se,dziee.__•f _7 44 41-"') emu : dAy -v ___�1--1•duxr -.__- _ -8704t46-- lie - - /04-ri1 _wn, _Giza. w a4eacc N i�_ed f��i uei G u� e� ,tom . �yCO a,k,� `72,1.a toce -- -- S70446 ,1:24c.f 7 / lc 11 17 7.z C 40? i r_ ftA IC) .��C ✓L�c- cy "n0 21. see 7277:21o,z -La .2ecittni- ILA-eikjo "ask o -At) 7 i i 'y4 LL G� 4,c4- ClJ ft7/Sc EC1�Lc iN' ir-e-fcwv1/4:(- -)-1/m,ccie„_134it_ A � :%2, ist&pti a —a_ 9LA--1-L p�� - A,,t, C'""71¢x ect, u-t� APR 2 41987 Z y terti ec-c7rj. N Weld Co. Piartn«iz al®aissiou 87'0446 ..�8 „CI• ¢ ��-oc n�ie- �� #�� ... c arc e� c -t- 7o C c./2 9 - COCAL.R_ td -SR 1.4.a.,42 ace VE mons Gc Li • n .,lr-z.s�zo aitt 420 - etWat( a_ aY fit/�� 1[�/ I IIK St, Ine• 13 REALTOR 12000 Pecos • Suite 150 • Westminster, Colorado 80234 latifital#44 Ar Thy CM At Can Phone 877-1734 &ca.ineas 457-4800 Red. 466-0555 LET'S TALK FINANCING: Silent figil its die last rays of sun fink bekad the kills beyond else 'ashen, a¢ prepare for the night :The winds fail hall:, not Ai:pe as in a sq# MOW &eat, but loud ---. Wanting all to take shelter. Ponta* right bas taken oar the lad. `the trtoa stand silent `their backs toward the cold with heads dat the atbans foals in their keeping rat quietly, wailing to be born. One has to sootier fat pregnant rasa dram — ash of what? a their thoughts go began? daily trials or verdure to the spring *km eke again is wam. ana their newbams tamp by theistic:. Only Clod als&pas in chair ems. "Patience m'1 prdous creation." Waster avll only show. its saga but a short time agora — won, somas the coyote ay is the fright Wn1l tava to sgft touters of a smother to her dal?. Stephens T� work byOltS acme Waldorf 4362— at, C.R. x`27, Ft. Lupton, Caw:t fo oft. Ft. Lupton -#857-4208 We have three primary sources of FINANCING available for the purchase o£ real property F.H.A. (Federal Housing Administration) -V.A. (Veterans Administration) -Conventional (non-govermental monies) Puingltogether financing for acreages car be e a very complex endeavor. The larger. the acreage the mote difficult the finance WHY??? r 1. FHA in Weld County limits the maximum loan amount to $71,800_.00. Compare this with other metro Counties, with maximum loan limits of $90,000.00. In many respects thisloanmaximum has a tendency toward keeping the values down in Weld County. A purchaser either needsa reasonably large sum of money down or must look at Conventional money; if the purchase is not a veteran and therefore not ligible for V.A.-.financing. 2. V.A. financing is available to veterans'who have served our country from World War II to present: V.A:-'pill allow up to $135,000 loan amount with appropriate down navrtent. With no down Payment a veteran can receive a loan up to $110,000 with proper entitlement. continued 8'70446 i ,s- • • 4 y-/7- & 7 sZ7 etrtk+.0,,c;12adtt-s,41? p n S i✓ , 60 - - Eel � _ US � 78777 : i t 1,. . r J i ?„A:y.L. O._ uts„,:;,sia--,,,a.",_ . • f r 0 22. a`'•I uct 1 h Q. I 870446 ap;_ O « L0'1 �i�/ � GUS 2A-44,sc. -biLtiuct 1 to E . ick...2y1,k2mric %cam_ • 8'70446 • SCSI a519:-QQ5C_ 8'70446 `v\ - - I ' - 3. / ''.7,2est 4.e- —------—-- Gt IIoerr �. lrQvlS... I-D 1Qp,ct,._. LLrQit$ 7 9 ?7 u&.e.a cau-h�y Re iJ q F . Lu SS ( tOToh, o �0rccd0 206 21_ I s: APR 24:1987 II waft.. 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Faiwnto daihla MR worsts HAMILTON FARMS 6707 WELD COUNTY ROAD 19 FORT LUPTON, CO 80621 P 310 ,Q» 783 RECEIPT' FORCEm;_e (See Reverse( / :2@ t mULD 9801 famArntry� F f-- , r5. ;1 ‘° r � 9, pp-1�A j? 1 * . ,4;t 947 a t { ( t 4. ) g C C E P`. , ,,n O rt u • i 7 }Ii 5 4r d r -- •7k le. 44k ;.t e r .p - ,I L .. • 9 r M I. I. w1. %$ r .1 t r♦ t ,.. c{. S I'. c, , cf, 9� 7::-: it m m __~ 3:16 -°A2', ^ .1,.. •-j, C ^x o 41:— m . - d yx -el r _ -L`. �y m r2 mr — • t..% ;7,2: K -ccn ra': $a. �g -,-g g = o c- = o -2 yF 5%% a - ni' �Ca (Ic' s3 C 'S _ ,-,-.--5. m r `R p y - 5 'a " m He "0 o $t a g'• a.f o y _R .N, o - of 2AT- j Be _ _ _ i m R -4 - d, +d oT 3r 3 atia %'� ' z - �-m Q . Tit.. a 18 n k m o m. m S y a� r g '. -1A$ _ I C,::3 e'. _ - • T9 p. - RR o .o U 7 O N x E-• w U o O H U ca. OZ O N cc, _yU O C 96108451.15 v e n'n • w c. .. N CL aCO F O O ^ 0Uz loo nEl .-1c. ma Qaa E.. ac F C/3 N C a -+ O —_ U G _sn• •C' -- ---- �.__.�.�...�..Mdesired OW COMORO items sand 4. rQY�f 'Nrn,.^TteTMAttlp -cieri►w+m.r Y,urpe...F11Itister-mr;Mltw.aserw AMCO PRODUCTS COMPANY 600 SOTU CHERRY, SUITE 915 DENVER, CO 80200 k*STAS' :NORMA LATHOU14ERS 7128 YIELD COUNTY ROAD 16 PORT LUPTON, CO 80621 870446 O 0 w m x ow U G. O VI a N a o H Dr) z oa o N 0 U k N CAC w W O Z u W � O �— ,Ca!epistoitem*I andRv+t>Matlditicnatawvtratan:dWtad,r�doom0iawiwm.7auid4. too7UNN Ta'Mjp an llia ratvw alda.: P�(Inrsfe Aa tlda w6lprattik ,S.Vipilt compMtaitemst.and2N!han}ddittait+ervio+san:dwirgdtandi n0Stebanetae4it Put e.f lri,te. �nEaUNN Ya a, .. sy AO. y;10),.ncw[kr... 5.., THOMAS E. SPURLING I 6648 WELD COUNTY ROAD 19 lA FORT LUPTON, CO 80621 =6NDk1L;:CantpMti hemtlsad2w71,1 Gitiarnlsavlcuais;.dri*/d.. aa6_mnWlwiamr3sad41 rutrogr " *Mt)'fiETURN raw,ei rea therms**. Fdlut•rta rbtAkMlFprw netbh . ENERGY -MINERALS, VRPORATION 1609 SECURITY L�'FE BUILDING DENVER, CO 80202 NOTICES OF HAMILTON USR MAILED WITH NOTICES FOR SUCKLA USR ON 5/13/87 A 330 9Q2 764 a �o UJ W ti cc 1J�₹ o. Pv W w W cr 0 D rn r. 1 .. y L?! T. k; T ' 9 b b g QO 2p y4 4 b ac so 20,, 4 a y U U A- 4 I. pp y �y 2 p m yy $. .•5 u m ¢ pp c b o� .c �g c r ti a a `p _ al- g b' 11. u 3 V7 CC C yG. in 20 _0 C•• W c o H rA -P4 --I 1Z a m 0 N h.''g to z Op • 0 0 F+Z:O V I D 2"zm co cn O.V „a u.Q g y2 • Q m xg •n0 ~ ao n "7 1 W cn I —4. Z K CC cn V --4 .] J Q c, W �y rr- _, 1- P ru ,pl.W �? y cr z d o cc o O v°fi.. r_c m ao w CC Z >-,PC N in:O b4 co'k+. P4 0 W y.0 Z C.7 Z F. 15 .a 7.• bz 1- 1 CO Q ^ [F: � c � � r--IJ. 4] Q N - n O'j O,p..:. III 83 Coo N _p. d „ . E+ a c0 iW 4 P90 v3Wc a n .. Ofc aC5 - 11 o. e llm Oc 00 . � a a.�• c ''3 W 0. 5 2 3 .a otn S86L u'rlf .009C un0J Sd � y 4' y 'Cb o E ° , PC O G. 0 LL re ,_R _ Ol o y9 S c "4,..., r � c c ' n c — .. V 0 2. o _ ..._ 5861 aunf'00EC 0;74 $6 `' 3 c. 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P-1: O4a•. m LL`s rho a °• o U w tat-08,196S'O'cr@ WA a v.1 -a'. 0.... 4Ut-Uenn. ,u'd; 0-$-0 a RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 63 BETWEEN U.S. HIGHWAY 34 AND WELD COUNTY ROAD 52 FOR APPROXIMATELY FIVE WORKING DAYS FOR REPAIR OF CULVERT 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 Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for: project completion and shall, in conjunction, with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant, to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it bereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety.of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road63between U.S. Highway 34 and Weld County Road 52 be temporarily closed,with said closure being effective June 1, 1987, for approximatelyi five working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 870448 it> Page_2 RE: TEMPORARY CLOSURE - WCR 63 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 1987, nunc pro tunc June 1, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Bot2{3 b uty County. S TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELL COII';`-�/� X1.0 O r.1 , Pro em ne R. Brantner Y'O J EXCUSED. ' Frank Ygmaguchi 870448 t Ty?! .172- shOCr! rodM bv1 pi; O1x1 Fit } r Road Waste, el Gbrg-7 For y4. AperaY1 l Q 1C /L S�FiK9 ys For Cu vPv / � O �1 TITLE tea, _-�e wcQ G3 oj- Nwy ?if ci we K 562 SURVEY BY DATE DRAWN BY /M4X'f DATE 2 "7 CI ECICED BY DATE APPROVED BY COUNTY ENGINEER COUNTY ROAD NO. 63 WELD COUNTY DEPARTMENT OF ENGINEERING foR i6 870448 COLORADO mEmoRAnuum To FOOT Subject: _ Clerk to the Board Daft June 2, 1987 George Goodell, Director of Road and Bridge td Board Agenda item -'Road Closure Weld County Road 63 between SH 34 to traffic for approximately five Attached is a drawing showing the signs: Weld County Dispatch and Sheriff's office were notified. - The road was opened for traffic on June 2, 1487. xc: Communications and CR 52 was closed June 1, 1987 working days for repair. cu ucri detour route and placement of detour 870448 RESOLUTION DENIAL OF RECORDED EXEMPTION NO. 1013 - BRUCE AND BEVERLY SOLOMON 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, pursuant to its authority under Section 30-28-101(10)(d), CRS, as amended, did, at a public meeting held in the Chambers of the Board, consider the request ofBruceand Beverly Solomon for Recorded Exemption No. 1013, regarding property which is located in part of the SW4 of Section 28, Township 5`North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 8 acres and 2 acres, and WHEREAS, after hearing the testimony presented, and reviewing the recommendation of the Planning staff, a motion was made and seconded to approvesaidrequest for Recorded Exemption #1013, and WHEREAS, on a roll call vote the motion to approve said request failed on a 2-3 vote, with Commissioners Brantner and Kirby voting aye, and Commissioners Lacy, Johnson, and Yamaguchi voting nay. NOW, THEREFORE, Commissioners of Weld and Beverly Solomon hereinabove described BE IT RESOLVED by the Board of County County, Colorado, that the request of Bruce for Recorded Exemption No. 1013 on the parcel of land be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted on the 3rd day of June, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Board C;;;Nitir7~.r ai ;eputy County APPROVED TO FORM: County Atto ey erk BOARD OF COUNTY COMMISSIONERS WELD COUBZTY,G$OLOB=ADO Cord' d E':v ; airman C.W,p"Kirby, Pro - Gene R. Brantner aguc nson ?,L 009/ cc 870450 DEPARTMENT OF PLANNING SERVICES PHONE (303) 356-6000 EXT. 4400. 91510th STREET GREELEY, COLORADO 60631 Board of County 'Commissioners. Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1013 Dear Commissioners: This request for a recorded exemption is submitted by Bruce and Beverly Solomon. The parcel of land on which this request is being made is described as the part of the SW} of Section 28, T5N, R64W of the 6th P.M„ Weld County, Colorado and is also described as Lot B of RE -83. The property is located approximately .5 miles south of Kersey on Weld County Road 53. The parcel of -land under consideration is the total contiguous land holdings of the applicant. The request is to divide the 10 acre parcel into parcels of 8 acres and 2 acres, more'or less. Based upon the submitted information.and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. Recorded Exemption #83 was approved in October, 1973, for the Ni of SW} SW} o£ this section. This recorded exemption created two 10 acres parcels, more or less. In June, 1977, Recorded Exemption #264 was approved for the Si of the SW} SW} SW} and the SE} SW} SW}, A ten acre and a five acre parcel were created by RE -264. In March 1987, Recorded Exemption #979 was approved for part E} SW} of Section 28. This recorded exemption created a 65 acre parcel and a 10 acre parcel. Seven recorded exemptions and one subdivision exemption have been approved in the adjacent Section 29. The Department of Planning Services staff feels that sufficient justification has not been given to warrant exempting a lot at this time, and that in the immediate vicinity development has reached a level where continued division of parcels would evade the intent to the Weld County Subdivision Regulations. Increased residential development in -rural areas necessitates an increase of public services, additional demands of expenditures for road maintenance,police protection, fire protection, and educational services. 870450 Board of County Commissioners RE -1013 Page 2 The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is .5 miles south of Kersey should not allow haphazard development to take place. As stated on page 1, o£ the Weld County Comprehensive Plan, the purpose of the Comprehensive Plan is for the ... "general purpose of guiding the accomplishing the coordinated, adjusted, and harmonious development of Weld County." Although the Comprehensive Plan seta forth one of the intents of Recorded Exemption policy as to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite", the plan also states that "low density single family residential -development may be permitted but is not encouraged." The continuing residential development of this area of the County is clearly not consistent with the intent of the Comprehensive Plan or the purpose of the Subdivision Regulations which is "to assist orderly, efficient, and integrated development." The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone district. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district was established la- maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of .-agricultural activities ' without the interference and encroachment of other more intensive land. uses. Respectfully:submitted, 8'70450 O C3 �0 . PACIFIC 870450 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE N0. er -/O / ZONING DISTRICT CQrt.,,it«pj) DATE 'Y -a-7-117 APPL. FEE `1p!/» RECORDING PEE RECEIPT N0. if.% S,a< APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: Lot B, as shown on Recorded Exemption No. 0963-28-3-RE83, recorded October 5, 1974 in Box 701 under Reception No. 1622583, Weld County.Records, being a portion -of the SW of -Section 28, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado TOTAL ACREAGE:- 10,045 Has this property. been divided -from or had divided from it any other property since August 3(4.1972? Yes XX No Is this• parcel of land under consideration the total contiguous land owned by the applicant? Yes xxNo FEE OWNERS OF PROPERTY: Name: Bruce W. Solomon Address: 25172 Weld County Road 53, Kersey, Colorado Phone: 352--3649 Name: BeverlyA Solomon Address: 25 2 1leld County Road'53. Kersey, Colorado Phone: 352-349 Name Address: _ WATER SOURCE: Larger Parcel CWWD - Smaller Parcel CWWD TYPE OF SEWER: Larger Parcel Septic Smaller Parcel SeDtiC PROPOSED USE: Larger Parcelrural residentialSmaller Pareelrural residential ACREAGE: Larger Parcel 8 Smaller Parcel 2 Phone: ETISTING DWELLINGS: (Yes or No) yes (Yes or No) no I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowle e. n CJ R q Signatur Owner orAuthorized Agent 7/1 • SubACrib"ed cad i:worn to before me this :Jo — day of 41b,C1.i , .19:5- : v, , COUNTY OF WELD ) STATE ,OF COLORADO ) �n Notary Public APR 291987, 1� /' Weld Ce. Plane* Co» 8'70450 To Whom it May Concern: We are applying for a Recorded Exemption to divide our 10 acre parcel into 8 acres with the present improvements and 2 acres of bare land. This is dry land, non-productive, and very sandy. We plan to sell the 8 acre parcel and keep the 2 acre parcel for a future home. This proposal is consistent with the policies of the Weld County Comprehen- sive plan in that the uses and nature of the land will not be changed by this process. The land now in question is zoned agriculture and shall remain with primary agriculture use, thus insuring the proposal is consistent with the intent of the zone district in which the subject property is located. Uses that will be permitted are limited to those permitted by the County agriculture zoning ordinance which includes crop, pasture, and limited animal husbandry. This is compatible with existing surrounding land uses as these are presently engaged in the same uses. The uses permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future develop- ment as projectg4.b7 atyheicomprehensive plan of the County. The property in question is 1 Gated within a 3 mile radius of any municipality. Ci4:d. This proposal will -not be inconsistent -with efficient and orderly develop ment as possible development will involve only -one, one. -family residence being added to the smaller parcel which will not increase the density of the surrounding area. Sewage disposal methods are septic systems in the area, which have been shown to be effective in the area. The Central, Weld Water District does provide service to the. area and will provide a tap for the parcel. The property under consideration is not located in a flood plain,, geologic - - hazard, or -Weld County Airport overlay district. This application complies with section fifty (50), overlay .district -regulations as -outlined in the Weld County Zoning Ordinance. j ��//�...� W .. Ao-C:d7n--l-il Bruce W. Solomon Beverly A. S�lomon - ₹370450 CENTRAL WELD COUNTY WATER DISTRICT August 18, 1986 _Mr. and Mrs. Bruce W. Solomon 25172 Weld Co. Rd. 53 Kersey,- Co-.. 80644 RE: Water Service Dear Mr. and Mrs. Solomon: This letter is in response to your request -for the availability of additional water service for the following described property: Lot B, as shown on recorded Exemption .#0963-28-RE83, recorded October 5, 1974, in Book 701 under Reception #1622583, Weld County Records, being a portion of the SW1 of Section 28,T5N, R64W of the 6th P.M., Weld County, Colorado. Water service is presently available to the above described property by tap number 1013 Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be consumated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, - CENTRAL WELD COUNTY WATER DISTRICT Lorene G. Hirsch Office Manager LH/caa 870450 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1286 • Dale D. Olhauxn, Secretary -Manager 3/sr !1'!3 I11 �rIvrt ft Arlene J.Glerlart MEMORAMUM fet6n To Weld County Planning May $, 1987 Data COLORADO From Health Protection Services t>r Case Number: RE -1013 Name: Solomon, Beverly & B ce Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 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. AP/bks t fAAY 8 1987 Weld Co. S oo& t cmmtEWc 870450 ilt I :it) 11n a �� COLORADO. April 30, 1987 TO WROM IT MAY CONCERTI: DEPARTMENT OF PLANNING SERVICES PHONE 003) 3564000 EXT. 4400 91510th STREET GREELEY,COLORADO80631 CASE NUMBER RE -1013 Enclosed is an application from Bruce and Beverly Solomon for a recorded exemption. The parcel of land is described as Lot B, RE -83, part of the SW} of Section 28, T5N, R6411 of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 miles south of Kersey. This application is submitted to your office for review and recommendations. Any comments or recommendations 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 recommendations. Please reply by May 13, 1987, so that we may give full consideration to your recommendation. Please call Lentil J. Swanson 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. XX We have -reviewed this request and find that the request does(does/does not) comply:with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons= We have reviewed, the proposal and find no conflicts with our interests. A formal recommendation is under consideration and will be submitted toyou prior to: Please, refer to the enclosed letter. 870450 FIELD CMECK FILING NUMBER: RE -1013 DATE OF INSPECTION: May 26, 1987 NAFX:Bruce and Beverly Solomon REQUEST: Recorded Exemption LEGAL DESCRIPTION: Lot B, RE -83; part of the SW} of Section 28. T5N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: On the east side of Weld County Road 53; approximately .5 miles north o£ Weld County Road 52 LAND USE: N Two residences within .5 miles; pasture E Pasture S Two residences, Weld County Road 52 W - Five residences, within '.5. miles, pasture ZONING: Agricultural Agricultural Agricultural Agricultural COMMENTS Access to this parcel is from Weld County Road 53whichis a paved road. 11 J. Sw on Current P er 8'7:450 ,. ��s .•, a'a . T i , , uy. r rH t_ 1 .:� • '',,,,,,IT," 1 �I� r T 4t 14 mf ; 'S / t i l4 aa ,is a t rc ' 1r it y� 1 � c .,,s.uf��2t .,y E6 '. 3 r f '.d_ A y�,,x4 ,r ^. - 1«. ? , - � • k y�' -••••„.14.SA7 I ,/ l h W ✓ n �f Yyy �Y a r ‘`;...1.%;. .V'': %trk',' ,,•T. n - . 4'r I S" 1 1; Jr + "...:17,*tit'et �' .I 2W ie v .. { I ,4s i ` - ri, Ix, rack r _ J i.t r" 'f x d tr E -Jk• " .h -.A1;,4':'. . Nxi. 71 a I y..4_ , .< n N ik Mme ti ••••".....-7S,21 rle: >S �wJ` c7eC 'T ti kt v"' - ` a n ' f yti -I h 3`'R -4.Age L"' °" , `.cif: r ✓ iof F_.^` Ilr ..,/..7-•%,-,-1-. .,,.tip•-.'.t� t1:+'g,s '-'?:• t•.."-•-•25-/---, r .. .s+" of V. r w ,u. N CAI r t a.�'� ,..:•- „,1, .S 4`T'{`C tae - r y., /.,,q ct f{ i� ire a v � 1n t � .^: N An• 4i. /: // M µ� • Y �"1 ; • CrI r L 1 . µ + r C { el. "s‘ ^ 4 Oar 4r�t: ) • ? y `. "Ora; Vibe (COLORADO mEmoRAnuum To Gordon La y. Chairman of Weld County Board of Commissioners Date May 29, 1987 From Walter J. Sneckmans Executive Director, Human. Resources Subject- Amendment to. a Lease Agreement Between Pierce. United Methodist Church and Weld County Head Start Enclosed for Board approval is an Amendment to a Lease Agreement by and between the Pierce United Methodist Church and Weld County Head Start. This amends the original contract dated September 15, 1986, and extends the term of the lease agreemtn to June 5, 1987. If you have any questions, please telephone me. T0: Clerk •to the Board fR: Jeannie".7ackes,,11RP' :RE laaendment-torthe Lease Agreement": between.Pferce-. Ani;ect Methodistl'Church'AO 114elc County. -Head' Start Attached for board approval is;.an amendment to ;a .lease agreement;by;and between'"the Pierce (United Methodist Cl*chs and Veld; teunty itea0 Start. This aptend"s the original coati t:dated,September 15,"1986, and eztends:fihe term,Ql,the,lease'agreement to June 5,,1987. Please 'return .one orig'tiat to aae after `board" approval' and signatures :have been ma ee.. " s -amendment sheu : fi`7ed''witfi i(ead Start Agreement e:have any ceest#or* please- feel' free. to"Contact .me. 1/100/S- 870483 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT, made and entered into this 29th day of May, 1987, by and between the Pierce United Methodist Church, located in Pierce, Colorado, hereinafter referred to as 'Lessor' and the Weld County Division of Human Resources' Head Start Program, hereinafter referred to as °Lessee." WITNESSETH WHEREAS, the Lessor and the Lessee are desirous of amending the original agreement of September 15, 1986. NOW THEREFORE, the following condition is mutually agreed upon: The term of the original lease agreement shall be extended to June 5, 1987. IN WITNESS WHEREOF, the parties hereunto have caused this amendment to be duly executed as of the day and year first hereinabove set forth. LESSEE LESSOR: WELD -COUNTY BOARD OF COMMISSIONERS PIERCE UNITED METHODIST-CHURCii WELD COUNTY DIVISION OF ;HUMAN RESOURCES< tila ,J. 5peaman utive Director ATTEST: Weld County erk and Recorder and Clerk to the Board P, Y 0111 y nye/kJ 870483 'Lyn COLORADO mEmoRanuum To anrenn F lacy, Chajrman Dace Weld County Board of Commissioners From Walter J Speckman, Executives Director, Human Resources June 5, 1987 sbon- tatter requesting an extension of approved carry-over funds for the Weld County High Scope Project. Attached for board approval and signature is a letter requesting an extension of approved carry-over funds for the Head Start High Scope Project,"'tong-Term Benefits and Cost Effectiveness of Head Start." - We are -`requesting an extension to.December 31, 1987 in order fully complete the project. If'youu have any questions, please feel free to contact me. to T0: . CLERK( TO .THE BOARD(-' . 1 Au-' FR: JEANNIE TACKER, ;HR RE: Letter requesting ex ion of carry-over: funds. for Head Start High'S Pe Project_ Attached, -for board approval is a letter requesting an..extensiotof,carry-over-funds for the;Head.`Start' High Scope Protect... The extens on.is being requested hn order to,comPlete,the Project. (' origita8isshotild be returned, after board. chairman's signature haslxeen obtained_ This cart be fled with Head Start .tatters It you have anlr,5questions, please contact met Fie cok- 870484 ‘1:1; COLORADO. June 8 1987 Mr, David C. Chapa Regional Program Director Administration for Children, Youth, and Families Department of Health & Human Services. Federal 0ffice,Building 1961 Stout Street Denver, Colorado 80294 Dear Mr. Chapa: DEPARTMENT OF HUMAN RESOURCES PHONE (3CKO353-0510 P.C) BOX 1805 GREELEY, COLORADO' 80632 The Weld County Head Start Program is formally requesting an extension of the approved carry-over of funds for the High Scope Research Project, "Long -.Term Benefits and Cost Effectiveness of Head Start." We are requesting an extension ,to December 31, 1987. The extension is necessary in order to complete the terms of the proj- ect. If you have any questions, please contact Ms_ Juanita Santana, Head •Start Director, at (303) 356-0600. Sncerel , G. don Lacy; h-y�',irman Weld County Board f County Commissioners Janie E.__Webster,, Parent Policy Council Chairperson Weld County Head Start GEL/JEW/co cc: Ms.. Ismaye.E. Prescod, Child Development Program Specialist Mr..Dennis Ramer,.0ffice of_Fiscal Operations Specialist . 870484 WARRANT NO. V.O. P.O. NO. WELD COUNTY, COLORADO General' FUND CLAIMS VENDOR PAGE 1 of 1 AMOUNT 902146 064461 LILLIAN-L SNYDER 1,050,66 STATE OF COLORADO COUNTY OF WELD )) ss This is to certify that all on the above listed claims as shown 19 A7 and that payments should be their names with the total amount $ DATED THIS TOTAL 1,050.66 accounting and budgeting procedures have been completed on Pages 1 through 1 and dated June 8th , made to the respective vendors in the amounts set opposite 1,050.66 June SUBSCRIBED...ND SWORN TO BEFORE ME THIS Ath DAY OF J , MY,'CDMMISSiON-EXPIRES: my eommk,;ioq ExotreaJ_^e8. 1990 STATE OF COLORADI/ COUNTY OF WELD ss We, the Board of County Commissioners of Weld'County, Colorado,, hereby (approve) (disapprove) the claims as set forth above; and warrants inpayment therefore are hereby ordered drawn upon the General FUND total1,050.66 ATT ST: a 7 rp er Member WARRANT NO. V.O. P.O. NO. WED COUNTY, COLORADO General FUND CLAIMS VENDOR pAG 1of 1 AMOUNT 902147 059411 RONALD BRODA 118.06 STATEOF COLORADO ) COUNTY OF WELD ) Ss TOTAL $ 118-06 This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Page 1 through 1 and dated June 8th , 19 87 and that payments should be fade to the respective vendors in the amounts set opposite their names with the total.amount $ 118-06 DATED THIS 8th WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS Arh DAY OF MY.COMMISSION-EXPIRES: My Cormnission ExplresJune8. 1990 STATE OF.CCTORADO ) COUNTY OF WELD ) SS 19 A7 - Juno CARy-Alt-4.-4.--"pBBT.TC474 " 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 FOND gp - 1154% ATTEST s • • •- • • • IP • o <-. c a a n _N .,A m o cr mi d le-.. o 3 ' � -i -i A O z z til D x N V Z 73 x M z N 1 0 CD m T q j F 3 m a x .w N m CO N w.. 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E L)onnunicetions g CITY AND COUNTY OF DENVER DEPARTMENT OF REVENUE May 28, 1987 Mr. Arlen Stokes County, Administrator P.O. ;Box 1190' Ft. Collins, CO 80522 Ms. Jacqueline Johnson Weld County Housing 915 10th Street Greeley, CO - 80632 Dear Ms_ Johnson and Mr. Stokes: TREASURYDIVISION ANNEX DI 144 WENT COLFAX AVE DENVER, COLORADO 80202 T am pleasedtoinform you of your community's allocation under the 1987 Colorado Local Single Family Mortgage Revenue Bond program. Weld Larimer Countiest combined -allocation is -as follows: Developer NONE Lender Capitol Federal Savings Amount Amount $2,500,000 If you have further questions about the allocations or the program in general, please do not hesitate -to call. Thank you. Sincerely, Ole/ C�`. Garw 1 Robert G. Cornwell Director of Financial Management 1d MZ4 to -Z-31 fnizia-c-c akn azeol /°"" . Ina sari ask rw. c Urce.e4 C-6xal ci2 ;c0f--vz xicjicLa .A. a ..se,C4 atead-cicei , 1 4-ele mil. ? _cd. zee 2 � . 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N.6.4enAt 1 man t ict ea r ��.,..�� n q. is QAH A`",-ev�X a ,4�atF c4iH iZe , e 0 G- e/ - °-K, 4�Atl � ��y a/%a if '�. �aea N42t� .C�DRe& t04uf deam-a" x-46 cra e, agI'Ya .t. tide pee:a eta iZie.v. el...a Ai ziratyice ack„,,eitaG. f . a -vim .4 c.d./ �Q c-z� o�ucLLI lafica -et t w .2.1tve ate A, " p u� ' a 2Yse¢ Molted'States Forest Arapaho and Roosevelt 240 West PALospect Road Department of Service National Forests Fort Collins, CO Agriculture 80526-2098 VI YEW rin'tiRt Dear Reader: YaREELEY. COLO.- Reply to: 1920 Dater JUq a 3 1967 The Forest is presently using an area analysis process to determine projects necessary to implement the Forest Plan. This process guides analysis on a portion of the Forest (generally 10.000 to 30.000 acres) comparing the existing situation with goals and standards in the -Forest Plan (planned condition). This comparison of existing and planned conditions is then used to identify specific projects. Enclosed is a schedule of areas to be analyzed for each of the six Districts on the Forest. Your involvement is encouraged during scoping of issues for specific areas. If you would like to see a more detailed map or have any questions about a specific area, please contact the District Ranger on the appropriate District. You can also make sure you are on the mailing list for a specific area by contacting the District Ranger. Their names, addresses, and phone numbers are listed on the next page. This schedule will be updated annually. Sincerely, J L.. -g-87 RANGER DISTRICTS ON THE ARAPAHO AND ROOSEVELT NATIONAL FORESTS' Boulder Ranger District 2995 Baseline Road, Room 16 Boulder, CO 80303 Phone: 444-6001 Clear Creek Ranger District P.O. Box 3307 Idaho Springs, CO 80452 .Phone: 567-2901 Estes -Poudre Ranger District 148 Remington St. Ft. Collins. CO80524 Phone: 482-3822 Pawnee National Grassland 2017 Ninth Street Greeley, CO 80631 Phone: 353-5004 Redfeather Ranger District 1635:Blue Spruce Dr., Suite -101 Ft. Collins. -CO, 80524 Phone: 482-3834 Sulphur Ranger District 100 U.S. Highway 34 Granby, CO 80446 Phone: 887=3331 District Ranger: Lynn Young District Ranger: Larry Lindner District Ranger: Bob Russell District Ranger: Grant Godbolt District Ranger: Donna Hepp District Ranger: Art Smith' BOULDER IMPLEMENTATION AREA SCHEDULE _IMPLEMENTATION See,Map'for Location SCOPING DECISION DOCUMENT-': DOCUMENT complete Complete', J _?/ Indian Peaks. Wilderness, 1984 Completed Mt. Thorodin electronics site.,.' 1985 Completed' Mammotfi Pisgah..' 1986 1987 Lump Gulch 1987` 1987: Boulder Creeks(Includes 1987 1988 areas named"East Portal, Rollins Pass;& Boulder)• Caribou' Brainard . James Creek, - Niwot Ridge Middle St. Vrain Sugarloaf Thorodin- North St: Vrain Eldora Ski Area 1988 1989 1988':= 1990 1989 1991 1989.'. 1991 1994.: 1992 1991 . 1993:` 1992', 1994 1993 1995 Scoping Document - This summarizes the major issues that have been raised on the area after initial contacts with individuals and organizations_ 'The scoping.document is used to guide the anaiysis'to arrive at decisions on projects needed. g/..Decision,Document-:This,lists and schedules aPPi.oved projects with.the rationale' -on why, they are needed• The-:approval� of the deci•sioir dagmicnt *rthe Forest Supervisor also starts the 45 day period for filing a notice of.appeal BOULDER R. D. _r� 1. Tat REDFEATRER MPLEMENTATION AREA SCHEDULE IMPLF2ffiiTATION AREA See Msp for Location SCOPING DECISION DOCUMENT DOCUMENT Complete Complete Rawah`Wilderness ' 1985 1986 Completed North Bald 1986' 1987 Being Reviewed Long Draw 1987 1987 Brown Creek- 1987". 1987 " Lower Green Ridge 1988 1988 Thunder Chicken 1988. _e988': Poudre Canyon/Hwy 171 1988. Z'1989 - Laramie River. 1988- ,1989 E. Deadmen, Corridor `1988 i '1989'` Roach ' 1989. ..1990 Eaton 2989 1990 Timberline 1990' 1991; George Greek 199p ?,1991 Pratt Mill_ 2991 1992 Panhandle 1992 1993 Neota'Wilderness" 1992 7. 1993 ii $cc' ..• .- .If,, ... 36 + �/ fdl J�+"l�r 3y� , q: 1 Fr • k f ql `+1{ pr-- •-Y,11. J i• • 1 , . • �. ' -• • W YI}I€ . 1 -.�„h a ea of r iiii•,P r. -e a ia,W Via. _ 0 .4 << •f, fit. t1 la r. �, 4 I 173!—a� . ��l� :� i lk! 1 . , 7-7_,A1.1 i , ?� 4 i ."'" .� t 43'g i al-411 � T ilk +�''�� i �� -' IYF .`tfil .FIi /• 'Sid +l-lid ..� li •!' �'his lir ₹ :i " e M 1rw.,:ir . Lotts\ t''t_k,. -:_- ...r,---__ ...‘-11 �,' X1.27♦ �r .F L�/'- 3— our J {�w � �yr`tg, •, -Y L'":"ita..gati.:V.7-9-.---,a- ,,- :- ti L ;ct !*b : ii 1 %af .. ', i34, ,,ve -,_ • --_: :,. t----4# - it-e-minsi titstois ,_41.;_t__.trs _ Cll. :nik Ifel- -... ff_.•4 f•XLIbig • I vel - 1,9-'• --- '.- - ÷ci. g 6," ip Pt., , I ?. ._:� "g.� /� ,., , t - P • 3 s girl Ns rlp In TN,- 'flit Inn fy,�� . In r . `RY nir‘istm•SWr � Y .yam ~�` . raj ` a._ ti i '• a* r ..._,Iiripati , •to ..._aaatt,VII, 1 . 3. ti-fa4t2i4V .-i "N -� r ti ol ;t4-ilo, a.___ �t�'' ,�, `Y`,` .1 c l j g•-,„, ...d I-) k�, + '., icit•g 1,11 ka i ' •iv __',J Rte`-;1 _. r '— 7 . I a �� c `+1 'Ll j\14M,:.,, r,, a l 1 ₹�Ed'i '_I •_ s }' •rt•� �j-1 . rJ \\1 • '�V ...� 74- item Lam.\+ �j\ tJ ��' -1"� \ 'v , _ f3=Z E'-s !-(ti zfEe- i,+( 3 a�ii' I ! ! l "Saa5 l ttl S illy!! fSij; mhazt - �� t M f EE3• d i33a F-- s' +i ai'-l:•i iJijr' ;3 tlta� � �O. Std�) t \• •! la a> .�t> r3• :e t F- • et 4C` t • 4 �\ .l� . -{.i_ ::. , __ IN i.l=a , ,i -,3 ,! ! tltF_ • �� „- }-+' ;,41; i .z! i 3. ci y_ Eas it - + i=if•t? _f,_ ii z, "t (• F e t ft• :eE_:. i S l r's Il�slIt `• - :f "t af p !t FiiE L: - ₹i- i Esa ii •1F'₹₹E:4.., 3• -i =! iT:t ;t;a i j j t2, - I FIl3:i i tt i , •r-ri- _-: t '' �;xt, -, 7 t 4 k`` \t i " • �I�' t* Will; � Fr:� "3=x{• aiiV)i 2i 724 r;Nil -=r3 3 s� e�Ii ' •I.IIv. - f a•:ll: iiinl i"f.F li::Ec if.i₹ 13=+ill ;UM ;, :Pat ESTES-POUDRE: IMPLEMENTATION 'AREA _SCI#EDULE: IMPLEMENTATION; SCOPING: DECISION!.: AREA See map for location DOCUMENT DOCUMENT Complete Complete' Crown Point .!1986. 1987 .Completed, Comanche Wilderness , 1987 1987, -_, ItAing,Revieced Buckhorn' 198? ':•1987. '- Cache La.: Poudre Willi. 1987' >' _. 1988 . Poudre'Canyon' 1988 1989 !I -agree,: 1988-1989-:„:....-2,„,-., Poverty 1990",', '•'1991 . "EIIt:Ridge' 1990' 1991. Cedar Park • 1992 1.993 - Lion Gulch 1992. 1993 :crosier 1994: .-,1994 ' Ski Areas Twin ,Sisters .: Included in surrounding areas_ & Comanche, Peak}, iris! w.r Iry if 1.• WS 9 - �r ptSoil ti eSse lm MW w IS Sri.. Thaw see. w.y SS SSE v 4 wirry.erlr r W M Iwl wiw.rl r ww� sr wily SrI..wwi wwiess r obserss ti Ml 232_ . el..wi rlr..slc Teri ...sr TrL. n4rrw.lr.wi• rids, CLEAR CREEK IMPLEMENTATION AREA SCHEDULE 2MPLEMENTATION. SCOPING:.-DECISION .:AREA DOCUMENT. DOCUMENT - Complete ' Complete See `Map .for location Evergreen. 1985. 1986 Completed PigBeh/Mammoth 1986 1987 Mt. Evans Wilderness 1987 1987 , Blaekhawk Peak 1987 :..1987 Devils Ds Canyon 1987_ 1988 M3J1 Creek 1988. ;,, 1989 ... West Chicago. Creelc 1989; -,1990--. Highway S & 103 ;Corridor 1989`; 1990' " Leavemwort i : _ 1990 19911, Loch Lommond 1991 1992 ,Alps -Soda 1992Y- 1993 Sniktau 1993' 1994 .1994 f-- 1995; - Bald Moiumtain 1995 1996 , Bard. 1996 1997 Berthoud 1997 1998 Loveian.d., 1998 i' 1999 Democrat ,V r rG i f 1`�l 'r. , i i t•. J t; C t .d , } < '/a /F ]a-_, W cps t- .fcY-�\r . 1� '"1 t_ 1, --‘,.7-1 s 11( ¢ Q -a IF:. ccF s r 3:2F _) i2 �i SOWING DECISION DocuttENT -DOCUMENT Complete Complete Indian Peaks Wilderness ArapahoNational Recreation' Area Cascade Devils Thumb Stillwater Corona Doe -Meadow °._Beavernlduddv 198$"'" i990 Elk Ciceek 1989-:11::1391‘ Crooked creek ..1990 .992.. Btirfilo..parii,.. 1984 Completed 1985: 1985 Completed 1986 1986 Completed 1986 :.1987.,, 1986':_1987-' Dellis Reviewed 1987 1988, t ,t i4 J' ,e_ir ,ZL u _i•= • r' -';Y ; rim; -- I. �l l L ULPHUR Rai I ,J`k "`tea ;l t°r�"".`.:_yl ��j:"� —.. -.w `nxE wNaiAT.ONsi awL2: - PAWNEE IMPLEMENTATION AREA. SCHEDULE: IMPLEMENTATION SCOPING :;:'DECISION` AREA DOCUMENT .DOCUMENT Complete;., Complete See Map= for Location, Lewis ig8,7 • 1987 Headquarters 1987 ' '1987 Elliott 1987. 1987 Coal . 1987 1987 W. Willow 7 1987- 1987 Completed . East Keota 1987 . 1988 East . Stoneham 1981--,-.'" ' ---1988.--'- . West Stoneham 1983 . 1988-- MurPhY 2988 19$8 Box 1988 -= 1988 Geary '.1988 1988 Hawk 1989 . 1989 Nicklas 1989 :.`- X1989':-; McGrew 1989 -1989 - Two Mile 1989 :. 1989 South 1989• 1989 Lee -1990 1990 Jackpot 1990 .1990 Sligo 1990 1990 Horsetail -1990 ---1990' Ahem .1990 .1990: Youngland 1991 1991.,. Allenbaw :.1991 _ 1991 Lone Tree 1991 ;1991.: 1BOW ..1991— 1991.-• Tumbleweed. 1992 1992 Anderson ' 1992277' -- . -1992 : , Bluff -1992,—, 199X----- tJL ,i T : r Q . • 7•,_.,v` fl�1'2. .Vii. .—., —t . :< - 1 �. ;, 1/- r •'_ c, zx 03 i r• 7 - to�hirz I.1 .m•�•r ;:_�^ � • 4 1 _1 __ f...�` -i '...ir raj • ! , ; � it S ! t� --1 1.(l S _ • y y1 7` • i�• 1"1�•..M ' ly../� g :.� 1111 - J • !•T j l r' a • • a 1 2• - r. -:•.l.(.3._t-Fl-_': -I ;1..�. •v 1 1 r ' I.• T.I. % 1 •11 . . ••l~•E 1;\i r.. t-, - • E c - y. , tom^_�,, y �.7 7, _. �' . Y '_ - • T :— .4/ 1 _,• 'a I. 1 1 IL •C • �:l r —• ' 1Y • i 1 1 ' re f$ '•1/ • SIN =_ H a ; , ' f • % f , $ - 1•t- 1 D...404 i I .w_ -u, --f 7 :•:11w f•I:.R *i w: an t: �— r • i--.-,•47. 1 oil. • _ r 1:17;' 4_1-. r ryi` -Iy 1 i . . SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING te.,. 3 e ov..a June 2; 1987 A regular meeting o£ the Weld County Planning Commission was held on June 2, 1987, in the Weld County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street -Greeley, Colorado. The meeting was called to grder:by thelchairman,-Jack Holman at 1:35 p:m. Tape .284 - Side,1 - ROLL CALL Lydia Dunbar _ Ivan •Goanell Leann Reid Louis Rademacher Lynn. Brown Paulette Weaver Ann Garrison Jack Holman 'Present Present Present .Absent.— Called.in Absent r Called in Present Present Present Also: present: Brian }Angle,. Current -Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The Summary of the last regular meeting of the Weld County Planning Commission held on May 19, 1987, was approved.as distributed. CASE NDMBER USR--792:87:18 (Continuedv from the May 19, 1987. Meeting) APPLICANT: Sam:Parker REQUEST: Use by Special Review permit for a use similar to.uses listed as Uses by Special Review<'.in.,the A (Agricultural) zone -district (storage, fabrication,,- and. „distribution of wooden :-storage buildings). _< LEGAL DESCRIPTION: Lot 8, Block 3, Ranch Eggs Subdivision, Second Filing, Jield-County-,_Colorado LOCATION: Approximately two miles east of.Erie- APPEARANCE: Sam -Parker, applicant reported this operation is associated with Spar Industries in Indiana. This building has -been in existence since 1972. Most of the buildings are 10 x 12 foot storage buildings, although some are smaller and they also manufacture some weekend cabins. These are -all made from wood. The buildings are not sold from this property, but .are' handled through Hugh M. Wood, Builders:Supply, etc, They sub out some of -the jobs, but they do have four full-time permanent employees. This is a five acre tract-but!they are,only using about 1-5 acres. The only Elammable_matarial stored on the property is paint and it is kept separate from the rest of the operation.in.acclosed-room.:-The only trash they have is -scrap good. -This is put into a dumpster and picked : up, once.. a; week.., The ,,septic tank was inspected about two years ago, but that information has been lost. `3d rrcr5 Summary of the Weld County.Flanning-Coamission Meeting June 2, 1987 'Page 2 The Chairman asked Mr. Parker,:if. he had' reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff, and if he were willing to- follow'' -the recommendations of the Weld County Building Inspection Department and the Longmont Fire Prevention District. Mr. Parker stated he would have to talk to his company in Indiana. He felt the cost of meeting these requirements would be prohibitive for a; temporary operation.: They plan to move this operation to a permanent location before next spring. :.This site is only temporary until permanent facilities can be found:.: Ibis building is just not large enough to serve their needs. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that.: reading-.ofthe recommendation, conditions, and development standards ,be dispensed with and that they be filed with the summary as a permanent' record of these proceedings. MOTION: Lydia Dunbar movedCase-Number--USR-792:87:18 for Sam Parker for a Use by Special Review permit for a use similar to uses listed as Uses by Special Review `dn the Agricultural zone -district (Storage, fabrication, and distribution of wooden storage buildings) be forwarded to the Board of County Commissioners with :the: Planning. Commission's recommendation for approval: -based upon: the< recommendations, conditions, -and development -standards-as outlined -by the. -Department of:Planning Services`_ staff and the testimony -presented 'by the applicant. -Motion seconded,by Paulette'Weaver. The Chairman called for discusSion::from'thel members o£ the Planning Commission. Discussion followed. The Chairman asked the Secretary to poll the members of the- Planning Commission for their decision. Paulette Weaver - yes; LeAnn Reid - yes; Ivan ` Gosnell>- yes; Lydis Dunbar -.yes;'': Ann Garrison yes; :Jack Holman'- yea:" Motion carried unantkOusly. -CASE NUMBER:- 12-433:87:2. - APPLICANT: R & R Hot Shot Service REQUEST: .Change of Zone from A (Agricultural) zone- district .to. C-3 (Commercial) zone district LEGAL DESCRIPTION:. Part of 'the NW% -of' Section .32,-T2N, R66W- of -the P.M., Weld County,:Colorado LOCATION. -.2S miles north--af =the Town or Forty Lupton; south 'of Weld County Road 16 and`: east of 154.-: Highway 8S.•' 6th APPEARANCE: Summary, of. the Weld; County ,Planniing Commission Meeting. June 2, 1987' Page 3 John Berry, Lawyer,-.Karowaky, Witwer, and Oldenburg, representedthe applicant. The applicant has obtained an option to purchase this 2.0 parcel providing it can be:rezoned'the'same:as the acreage of -the-applicant-which lies next to this parcel;: They want, to store pipe'on this parcel:They have no plans to put up any buildings. The 2.6 acre parcel does have some buildings on it. This property would, however, be fenced. Brian Bingle reported the Fort Lupton Planning Commission is in favor of this request being granted . This -property -is, within their:industrial-plan urea. :Also,_there are many -other commercial'properties in this area_ Tape 284 - Side 2 John Berry reported property to the east of this land is still agricultural. Access to this property would be through the 2.6 acre tract. The applicant wishes to,amend the recorded:exemp'tion to make, this a, 4.6 acre tract rather than two parcels of 2.0 and 2.6:acres individually. The Chairman asked the applicant if they had reviewed the recommendations and conditions outlined by the Department of Planning Services staff. He stated they have no objections:-to:these as written. - The Chairman:called:for discussion from the members o£ the.audience. There was none. The chairman Asked -that reading of:the recommendations and: conditions be dispensed_with and -that theq;:be filed with she' -summary as a: -permanent record of these -proceedings MOTION: Paulette Weaver moved Case Number Z-433:87:2 for R R Hot Shot -Service for a Change of Zone from an Agricultural to a Commercial —Three zone district be forwarded to the Board:. of County , Commissioners with .the:Planning Commission's -recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded -by Lydia Dunbar. 'The 'Chairman: called for,discussion; members -of:Planning, Commission. No further discussion followed, The Chairman `aaked the Seeretary to poll -the members of the Planning Commission for` their decision. Paulette -Weaver — yes;. Leann Reid - yes; Ivan Gosnell`- yes;; Lydia Dunbar - yes; Ann Garrison yes; Jack Holman-- yes: Motion carried unanimously. Summary of the Weld County Planning Commission Meeting; June 2,:1987 Page 4 CASE NUMBER: USR-794:87:20 APPLICANT: Galeton Community Church REQUEST: Use by Special; Review ,permit for a. Church in the A (Agricultural) zone district LEGAL DESCRIPTION: Lots 7 and .8,:Block 18, Town of Galeton LOCATION:. The -:northeast corner- of -SecondStreet and 'Grandview Avenue, Galeton APPEARANCE: APPEARANCE: Marion Richter, President, Galeton Community Church Board, represented the applicant.- They want to:add 2,400 square feet to the church for classrooms and to enlarge their social area in the basement. The church is presently connected to the Galeton Sewage Disposal System. They have seating for 125 persons, but this request is not for enlargement of the sanctuary. The addition will`be connected.to the present church on the:east side. The Chairman- asked Mr.. Richter if he. 'had reviewed the recommendation, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he has trouble with Condition f3_ They are on the Caleton Sewage Sewage Treatment System, :but -the -staff ,is asking- them to -put: in a septic system and then hook up to the Galeton Sewer System. This would be very expensive_ They -would like to 'go onto the.present_system'and just not connect the restrooms until the public system is repaired or enlarged. They are putting in four new bathrooms, but when these are operable they will no longer . be: using the existing tastroom if they are allowed to -.stay on the present- system. They will continue to use the old restroan until they have completed building the addition, which may be two years. They will need two sewer taps because the parsonage is on one tap and the church would be on another. The sewage treatment plant is currently in violation of state statutes. An individual septic treatment system that is properly installed and taken care of. can last -:indefinitely.' .-He. asked .that -if en individual septic='aystem is installed -'they be'allowed-to use it:long enough to make the expense <'Worthwhile. -.An :engineered-sysiem would cost ten to°:twelve thousand dollarsbecause it voul'd be based on the seating capacity of the church and not on aotual use. Lee Morrison.explained the Galeton Sewage Treatment System has several ncproblems. ,It ls`currently. tun as,a'-private.::-system.'. The.city_can. :make :'this into a,public sewer, system. < It has currently been -condemned by the'. Health Department and no new .taps can be issued until these problems are corrected. Paulette Weaver moved Condition !13 be amended 'to read as_follows: Summary of the Weld County Planning Commission Meeting -June 2, 1987 Page 5 3. Upon the Galeton -Sewer. System achieving compliance with the regulations set forth by the State of Colorado Department -of Health, the Galeton Community Church shall be connected to the Galeton Sewer System. If compliance of the Galeton Sewer System, - is not obtained upon the applicant`s ability to occupy the Use by Special Review the applicant shall. provide a septic system designed by a Colorado Registered Professional_ Engineer according to the Weld County Individual Disposal Regulations. After the septic system has been,provided it may be used:for.its full life: No repair or expansion permit shall be.: obtainable for its continuance thereafter and the Galeton Church shall connect to the Galeton Sewer System at such time. Motion:seconded-by. Lydia Dunbar.: The Chairman_ called for ::discussion from the members; of the =Planning Commission.- Discussion .followed. _. The` Chairman asked the: members .of: the -Planning --Commission for decision. Motion carried unanimously. The. Chairman called .fer discussion from was none - the members of .the audience. their There The Chairman asked that reading of the staff's recommendations, conditions, and development standards.be dispensed with and that these be filed with the summary as a permanent record -of -these _proceedings. MOTION: :Lydia Dunbar moved Case Number-USR-794:87:20-for Galeton Community Church for a:Use by Special Reivew-permitfor:a the Agriculture/ zone district be:forwarded to the Board of County Commissioners_with the Planning Commission's:recommendation for 'app oval based upon the recommendations, conditions as. 'amended ,by_the Planning Commission, the:Development Standards, and the testimony presented to the Planniag.Commission. Motion seconded by: The :Chairman called for discussion from the Commission. :Discussion followed. members of ;the Planning Summary of the Tield County Planning Commission Meeting June 2, 1987 Page 6 The Chairman asked'the"Secretary to poll.:tbe members .of the Planning Commission for their decision. Paulette Weaver - yes; LeAnn Reid - yes Ivan Gosnell - yes; Lydia `:Dunbar - yes; "Ann ' Garrison -ryes; Jack Holman -:yes. Motion carried unanimously.• CASE.NIYMBER: USR-793:87:19 APPLICANT::. _ John and Carolyn Fitch REQUEST: Use by Special Review: permit' LEGAL DESCRIPTION: "lots 1::' and : :2, Subdivision. LOCATION: Approximately 5'miles east 7341Hart' Street APPEARANCE; for a Kennel Operation Block 46, Aristocrat Ranchettes and :.5 miles ' north of : Fort Lupton: Carolyn Fitch, property owner and applicant, stated that about four years ago, while living in Indiana, her husband got the greyhound bug. Colorado and Arizona are the only two states small greyhound kennels are allowed. They sold their property in Indiana and came: to Colorado where they obtained a job working for a kennel and where they could also raise some of their own dogs. This .operation ran into financial difficulty so they found their property in Aristocrat Ranchettes Subdivision: They have been inspected by the Health Department, the Humane Society,; and the Racing Commission. If this request is approved theywill make arrangements.. to ":keep• their dogs in at night. Greyhound racing provides a boost to the Colorado economy.. Tape 285 - Side 1 They currently have fourteen :dogs: The dogs are let out in runs six times a day. They pick up after the dogs each time they have been out. If this request is approved, they would put in additional screening. Their request is for thirty-five dogs, but they would agree to Iess than that. The mobile home being used for a kennel is:not -hooked up to any :utilities. This is an agricultural area. :There are a 2ot.:of.animals in this areain addition to three other-"lcennels in Aristocrat.: ' There ::are five additional•. greyhound farms in the immediate area. They would be willing--to-meet -with almost any concessions -in order to stay -here. The Chairman;aalled for discussion from the members of the audience.' Summary of the Weld County Planning Commission Meeting June 2, 1987 Page i Lorene Hagelstrom, surrounding property owner and former realtor, spoke against this request. She felt they should have checked the zoning requirements prior to purchasing the property. A single -wide mobile home is too hot to be used as a kennel. -Water in Aristocrat is -so scarce there is not !enough for human needs. -Also, while she was selling real estate she had a chance to sell a property for a kennel. She called the -Planning Department to check on the zoning requirements and it cost her a sale. Mrs. Lanyon, surrounding property owner, spoke egainst-this request. There are lots of dogs in Aristocrat, and at night when they all begin to howl it is impossible to get any rest. Also, with a kennel next to her -properties she would never be able to sell her land or recoup her investment. Vitgil Miller,- Superintendent, Aristocrat Water Company, stated he -in in sympathy with the Fitches, but .there is not water enough for the people, let alone the animals in Aristocrat.Their water comes from two wells, and the community owns the water system: Nancy-Lemar, surrounding property owner, spoke against this request because of the_.noise Jack -Bond, surrounding property owner, spoke against this'request because of the noise. and ack of water: Lee-Morrison=explained the -Planning 'Commission' -has to look at each' case individually. The people -of Aristocrat can get together and change' the zoning, but there would be, uses that are existing now..which would be hard to change. Janet Green, surronndinv property owner, spoke against this request. There are supposedly three existing kennels in Aristocrat; but she vas only aware of one. She is going to *et a petition started so there could be no more - dog kernels in the Aristocrat=Ranchettes' Subdivision. Mr. Wright, surrounding'property owner, -submitted a petition with over one hundred signatures In opposition to this request. -- This petition- was retained -as -evidence. 'She also spoke against -this request because of the .noise. Mrs. Fitch stated they would like to take further steps -to reduce the noise. They will have to bring in their dogs. et.night. They have no water outside of the home. --:They have attached a letter from their veterinarian that each dog does not -drink more than a quart a day. They use,no:water to.wash down the area because according to'greyhound rules, the dogs are to be kept on sand. A small amount of water is used ,t&' wash+ the counter - tops , in ; the kitchen of the mobile home the dogs are in, etc. There are many dogs in the area and when the ceyotes let the dogs off howling it does, get quiet noisy. There are, however, may other animals in the area which - also make noise, such as horaea,;cows..:.roosters, etc. - Many other animals in the area create greater health problems than their doge .because they are- not cleaned' up after. Summary o£ the Weld County Planning Commission Meeting, June 2, 1987 Page 8 The -Chairman;, asked- Brian .Bingle to read .the recommendations of- the -Department of Planning Services` staff into the record.., This recommendation is,for denial. The Chairman asked Brian Bingle Humane;Society_into,the record. Tape, 285-- Side -2' - to read the recommendation of the Colorado Jack Holman announced that in addition to the petition submitted by Mrs. Wright there are -also some -additional -letters which were: received: today. MOTION: Paulette Weaver moved Case Number USR-793:87:19 for John and Carolyn Fitch for a Use by Special Reviewpermitfor -a Kennel Operation be forwarded to the Board ,of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendation of the Department of Planning Services` staff, the testimony heard_by the Planning Commission, and the fact that this in a residential area, and a dog kennel is not compatible with existing or future uses in the area. It is realized there urea lot dogs and other ;problems in the area that the residents; need to work.,on, but the Planning Commission does not need_to add 'to these problems by recommending -approval of, another dog kennel. Motion-aeconded,by Lydia Dunbar. The Chairman,, called for discussion from the members of the Planning Commission. .Discussion followed. Paulette Weaver- yes; LeAnn ,Reid - yes; Ivan Gosnell - yes; Lydia Dunbar - yes; Ann Garrison - yes; Jack Holman - Yes, he agrees with Paulette. Werealizethere are some problems in Aristocrat; as far as animals go. It is his feeling: another dog kennel would continue to, compound the problems. He. also ;feels it is going ,to be ;up to the community its self to try to correct some of the problems that are there. The Commissioners, in the past, have tried to offer some help, and we hope the people in the area,. will •be able to carry this:; through so, some of the, problems can be corrected. :By recommending;: denial of the request, the Planning. Commission may keep.; from__adding- to the: problems_ that are .already, :existent..' Motion ..carried unanimously-, Meeting was:adjourued at 3.x25 p:ma. Respectfully -;.submitted, . • Bobbie Good Secretary DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 5/29/87 through 6/5/87 CASE NU!ffiER RE -1011 NAME Moody 0$17.9200,0 $17.9V 0 • ChucR Cunliffe, Director Department of Planning -Service nctr t- 8-87 HEARING CERTIFICATION DOCKET N0. 86-60 RE: HEARING TO SHOW CAUSE FOR #345 - MS CORPORATION REVOCATION OF AMENDED SPECIAL USE PERMIT A public hearing was conducted on Jame 3, 1987, at 2:00 P.M., with the following present: Commissioner Gordon -E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner JacquelineJohnson .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 pursuant to a notice dated September 3, 1986, and duly published September 25, 1986, in the Johnstown Breeze, a public hearing was conducted to consider revocation of Amended Special Use Permit #345, granted to MS Corporation. Lee Morrison, Assistant County Attorney, made this matter of record, stating that this hearing was continued from October 20, 1986. Keith Schuett, representing the Planning Department, stated that the Planning staff feels this property is not in compliance with Development Standard #2, regarding the planting of trees along the southern boundary, and Mr. Miller is requesting a change to the landscaping plan. Mr. Schuett presented copies of a diagram outlining those areas along which the greenbelt has been completed, and said the Greeley Soil Conservation District has not determined which areas are unsuitable for planting. Mike Miller, president of MS Corporation, stated that the areas which have not been planted are not fit for planting at the present time and he is still trying to fill up some swampy areas. He also stated that he has purchased the required number of trees for planting when the area has been sufficiently filled. Mr. Miller presented photographs of areas which he considers as unsuitable for planting. In the ensuing discussion, Commissioner Johnson stated that, in her opinion, a third party needs to determine which areas are unsuitable for planting, and Commissioner Kirby suggested that an on -site inspection might be advisable. Commissioner Kirby moved to continue this hearing to June 24, 1987, at 9:00 8.m., with the Commissioners to conduct an on -site inspection and the Soil Conservation District to make a determination as to which areas' should be .planted with trees as. required in Development Standard #2. The motion was seconded by Commissioner Brantner and carried unanimously. ?zoo,/ Page 2 CERTIFICATION- ES CORPORATION, SHOW CAUSE This Certification was approved on the 8th day of June, 1987. APPROVED: QQf-� � BOARD OF COUNTY COMMISSIONERS ATTEST: n�^tif44.4�� „ WELD CO LO Weld County Clerk and Recorder and Clerk to the Bo God cy pePuty County C rk C. Kirb . Pro-T / FSlFih01't Aidicst- Gene R. Erantner cque a Jo s EXCUSED AATE:OF,APPROVAL Fr c TAPE #87-41 DOCKET"#86-60 PI.0081 870442 BEARING CERTIFICATION DOCKET N0. 87-23 RE AMEND USE BY SPECIAL REVIEW- FOR AN OPEN -CDT MINING PIT ON AN ADDITIONAL NINE ACRES WELD COUNTY CORPORATION A public hearing was conducted on June 3, 1987, at 2:0O P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, -Pro Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lea D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Weld County Corporation to amend a Use by Special Review for an open -cut mining pit on an additional nine acres. Lee Morrison, Assistant County Attorney, made this matter of record and stated that this hearing was continued from May 27 to allow the interested parties to work on re -writing Development Standard #4. Be said that representatives o£ the water user groups and the applicant have agreed upon proposed wording for Development Stardard #4, and he presented copies to the Board and read it into the record. Timothy Beaton, Attorney representing the applicant, came forward to make comments to the Board. Be said that the representative of the District 6 Water Users Association had requested the addition of the words, "this week" after the words, "Applicant shall apply to the State Engineer.". Chairman Lacy suggested using the term, "on or before June 8, 1981," rather than "this week". This was acceptable to representatives of the water users. Jeffery J. Kohn, Attorney representing the District 6 Water Users Association, came forward and further explained the terms of the Development Standard which had been agreed upon. Re also asked that "annually" be added after "feet of water". Mr. Beaton said the applicant had no problem with that addition, as it is anticipated that mining of this area will be completed by September of this year. Kim Lawrence, Attorney for the Central Colorado Water Conservancy District, stated that his client is agreeable to this proposed Development Standard. Chairman Lacy stated that, having been absent from a portion of the previous hearing, he has listened to the tape of that hearing and will be participating in the vote on this mattar. Commissioner Kirby expressed appreciation to those who had cooperated in re -writing the proposed Development Standard and moved to approve the Amended Use by Special Review, subject to the Conditions and Development Standards proposed by the Planning Commission, with Development Standard #4 amended as discussed in this- hearing.The motion„ seconded by Commissioner Johnson, carried unanimously. 7/.0,2 (0 % r=%c/ 870441 Weld County Clark and Recorder and Clerk to the Boar a puty.County Cle HEARING CERTIFICATION DOCKET NO. 87-26 RE: USE BY SPECIAL REVIEW FOR A 1,250 FOOT HIGH RADIO TRANSMITTER TOWER - SUCKLA FARMS' A public hearing was conducted on June 3, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.14Kirby,, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clark to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Certified court reporter, Jolene Gaffey The following business was transacted: I hereby certify that pursuant to a notice dated May 13, 1987, and duly published May 21, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Suckle Farms for a Use by Special Review for a 1,250 foot high radio transmitter tower. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, stated that a letter was received from Thomas Hellerich, Attorney for the applicant, requesting a continuance of this hearing. He said a memo was sent to those who received notices concerning this hearing stating that the hearing would be continued to July 8, at 2:00 p.m. Commissioner Kirby moved to continue the hearing to July 8, 1987, at 2:00 p.m. The motion was seconded by Commissioner Yamaguchi. Rick Patterson, representing the Firestone Town Board, came forward to express displeasure concerning the continuation of this hearing. The motion to continue the hearing carried unanimously. This Certification was approved on the 8th day of June, 1987. APPROVED: Weld County Clerk.and Recorder and Clerk to the .Boar n! BOARD OF COUNTY COMMISSIONERS WELD COLORADO 870440 BEARING CERTIFICATION DOCKET N0. 87-27 -RE: USE BY SPECIAL REVIEW FOR AN AGRICULTURAL SERVICE ESTABLISHMENT, TRUCKING - BUSINESS, IN THE A (AGRICULTURAL) ZONE DISTRICT — HAMILTON FARMS A public hearing was conducted on Jame 3,1987, at 2:00 P.M., with the following'present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gen. Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Swanson Certified court reporter,' Jolene Gaffey The following business was transacted: I hereby certify that pursuant to a notice dated May 13, 1987, and duly published May 21, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Hamilton Farms for a Use by Special Review for en agricultural service establishment, trucking business, in the A (Agricultural) Zone Diatrict. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Swanson, representing the Planning Department, read into the record the Planning Commission's recommendation that this request be denied. Commissioner Johnson asked what the Planning staff's recommendation had been, and Ms. Swanson summarized the staff recommendation for approval of this request, which was subject to three Conditions and fourteen Development Standards. Jeff Bedingfield, Attorney representing the applicant, presented additional information regarding this request. (Tape Change 087-42) Mr. Bedingfield presented photographs, Exhibits R -M, of this operation and other facilities in the area. John H. Sauer, of Hamilton Farms, came forward to answer questions regarding the number of tractors and trailers being used by Hamilton Farms. Discussion was held concerning the number of tractors and trailers to be allowed and the number of parking spaces which would be required. Public comments were received from Frank Suckle, Diana Evans, and Diana Spurling. Ms. Evans presented Exhibit N, an appraisal of her residence, and Ms. Spurling presented Exhibit 0, a map taken from the application materials, with a border added to show the area which is used by the trucking operation. Ms. Evans requested that this hearing be continued to July 8 because some interested parties were under the impression that this hearing was being continued along with the hearing for Suckle Farms. The Board was advised that they could look over the minutes of the Planning Commission to see the type of testimony which was offered at that hearing concerning this matter. No motion was made to continue this matter to another date. Ms. Swanson said this application was referred to the County Engineer, who suggested the addition of a Condition requiring an agreement to address the safety problems. After further discussion regarding the number o£ tractors and trailers to be allowed, it was the consensus of the Board to amend Development Standard 01 to provide that the full-time equivalent of employees for the trucking business shall not exceed 6, the maximum .number of tractors on the property shall not exceed 5, and the maximum number of trailers on the, property shall not exceed 10; and to amend Development 870443 PL O[11/ n, . Page 2 CERTIFICATION - HAMILTON FARMS Standard 06 to require on -site parking spaces for 5 tractors and 10 trailers_ (Tape Change 087-43) Commissioner Kirby suggested that Development Standard 05 should require one parking space for each employee, and it was the consensus of the Board to make this change. Ma. Swanson read proposed Condition 04 into the record_ Commissioner Johnson moved to approve the request for a Use by Special Review, subject to the Conditions and Development Standards proposed by the Planning staff, with the addition of Condition /4 and the amendment of Development Standards 01, #5, and 06 as proposed. Seconded by Commissioner Kirby, the motion carried unanimously. usly. This Certification was approved on the 8th day of June, 1987. ATTEST: W,...7"Gun�/�N Weld County Clerk and Recorder and Clerk to the B uty County C1:rk TAPE /87-41, 087-42 6 /87-43 DOCKET 087-27 PL0184 APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CO u .. DL0O irby, GoneR Br eaYl� r at ue 870443 i' RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 8, 1987 TAPE 187-43 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,- June 8, 1987, at the hour of 9:00 A.M. ROLL CALL: MINUTES: 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 Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner. Gene Brantner Commissioner Jacqueline Johnson Commissioner Prank Yamaguchi - Excused Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Tommie Antuna Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of June 3, 1987, as printed. Commissioner Brantner seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Brantner moved to approve the Certifications for the hearings conducted on June 3, 1987, as .follows: 1) Show Cause Bearing, MS Corporation; 2) Amend USR, WC Corporation; 3) USR, Suckle Farms; and 4) USR, Famtiton Farms. Commissioner Kirby seconded the motion and it carried unanimously. ADDITIONS: There ware no additions to today's agenda. CONSENT AGENDA: Commissioner Brantner moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Kirby, reporting on Engineering Services, said approximately 320 miles of roads have been graveled this -year. Be also reported on .the Bridge; Mining; Maintenance; and Maintenance -Support Divisions. -EC 000 Don Warden presented the following warrants for approval by the Board: General fund Social Services Handwritten warrants: Payroll $200,084.42 79,874.25 1,168.72 Commissioner Johnson moved to approve the warrants as presented. by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER AMENDMENT TO LEASE AGREEMENT BETWEEN PIERCE UNITED METHODIST CHURCH AND HEAD START AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing Human Resources, said this amendment is to extend the term of the agreement. Commissioner Johnson moved to approve said amendment and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER LETTER REQUESTING EXTENSION OF HEAD START HIGH SCOPE FUNDS AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said this is a request to extend the ,terms of the approved ,carry-over funds. Commissioner Johnson moved to approve said letter and authorize the Chairman to sign. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER CHANGE OF OWNERSHIP OF 3.2% BEER LICENSE TO CHARLES AND ROBERTA HINDERLITER, DBA 1-76 MOTEL AND CAFE, FROM ALPTANDRO MARTINEZ, DBA I-76 MOTEL AND CAFE: Charles and Roberta Hinderliter, the applicants, came forward to answer questions of the Board. Commissioner Kirby moved to approve this Change of Ownership from Alejandro Martinez for a 3.2% Beer License to Charles and Roberta Hinderliter, dba I-76 Motel and Cafe. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF NCR 63 BETWEEN U.S. HIGHWAY 34 AND WCR 52: Commissioner Brantner moved to approve this Resolution concerning the temporary closure of WCR 63 between U.S. Highway 34 and WCR 52. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER DIVISION ORDER FROM NATIONAL COOPERATIVE REFINERY ASSOCIATION ON NEINE}, 528, TBN, R58W AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said his office had reveiwed this Division Order and found it to be in order. Commissioner Johnson moved to approve said Division Order from National Cooperative Refinery Association. The motion was seconded by Commissioner Brantner and carried unanimously. CONSIDER NEIGHBORHOOD TO BE SERVED, SET HEARING DATE, AND APPOINT COMMISSIONER TO MARE ON -SITE INSPECTION CONCERNING TAVERN LIQUOR LICENSE APPLICATION OF HUB ENTERPRISES, INC., DBA CAFE POTAGE OF LONGMONT: Commissioner Johnson moved to set the neighborhood to be served as Sections 2, 3, 10, and 11, Township 2 North, Range 68 West; set the hearing date as July 22, at 2:00 p.m.: and authorize the Chairman to appoint a Commissioner to make the on -site -inspection. Commissioner Kirby seconded the motion: Chairman Lacy- appointed Commissioner Kirby as the Commissioner to make the cm -site inspection. The motion carried naeaipoasly. Minutes June 8, 1987 Page 2 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 wsa adjourned at 9:20 A.M. ATTEST: Weld County Clerk and=Recorder -- and Clerk to the Boa B7 - Deputy County Clark APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CQIIN�fy�OLO Minutes - June 8, 1987 Page 3 RECORD OF PROCEEDINGS AGENDA Monday, June 15, _ 1987 :ROLL CALLS -GordenE. Lacy, Chairman C.W. Kirby, Pro-Tem Gene`.R.Brantner Jacqueline Johnson Frank Yamaguchi Tape #87-43 MINUTES: Approval of minutes of Junes 8, 1987 (Commissioner Yamaguchi excused) ADDITIONS TO AGENDA Added as Item #6' under New Businesa: Consider Resolution re: Declare State of Emergency Concerning Tire Mountain Fire Near Hudson APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR I) Communication Services - Yamaguchi REPORTS: 2) Engineering Services - Kirby 3) Health,Services - Johnson 4) Planning Services Brantner 5) Purchasing & Personnel -Lacy .COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider request for Fireworks Display License from Eugene Russell in Hill -N -Park 2) Consider Resolutions re: Temporary closure of WCR 84 between WCR 43 & 45; WCR 13 between WCR 46 & State Hwy 60; VCR 64 between U.S. Hwy 85 & 1st Avenue; and WCR 3 between WCR 42 & 44 3) Consider Resolution re: Cancellation of outstanding Accounts Receivable for Ambulance Service, in amount of 59,437.49 4) Consider Agreement with Dave Bashor for use of soil and/or gravel for road purposes and authorize Chairman to sign 5) Consider Gas Division Order from Associated Natural Gas, Inc, on SINE}, 525, T5N, R66W and authorize Chairman to sign 6) Consider Gas Division Order from Associated Natural Gas, Inc. on NEDNW}, 535, T5N, R66W and authorize Chairman to sign 7) Consider Gas Division Order from Associated Natural Gas, Inc. on N}SE}, 525, T5N, R66W and authorize Chairman to sign 8) Consider Resolution se: Appointment of Ernest Ross to the ?limning Commission 9) Consider Resolution re: Appointment of Kevin Sbironka to the Building Trades Advisory Board 10) Consider Resolution re: Reappointments to Health Board 11) Consider amendment to FY '85 Master Contract and authorize Chairman to sign 12) Consider Lease Agreement between Migrant Head Start and Our lady of Peace Church and authorize Chairman to sign. 13) Final Reading o£ Ordinance #84-G, In Matter of Amending Ordinance #84-F and Setting Fees for Permits Issued by WC Engineer 14) Consider appointment of Mary L. Crumbaker-Smith as Deputy District Attorney 15) Consider Agreement with Monfort of Colorado, Inc. for sal* and purchase of real estate and authorize Chairman to sign PRESENTATION: 1) Recognition of Service - Assessor's Office & Road and Bridge employees PLANNING: 1) Release of Compliance Security - Sunshine Valley Petroleum Corporation CONSENT AGENDA APPOINTMENTS: Jun 15 Work Session Jun 16 -'Planning Commission Jun 16 - Retirement Board Jun 16 --Airport Authority Jun 22 - Work Session Jun 22 - NCMC Board of Trustees Jun 23 - Health Board Jun 23 --Housing Authority Jun 25 - Human Resources Advisory Board Jun 26 - Centennial Development Services, Inc. 1:30 PM 1:30 FM 2:00 PM 3:00 PH 1:30 PM 4:OO PM 9:30 AM 11:30 AM 8:30 AM 8:00 AM HEARINGS: Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (S}SWI, 67-8-18) 2:00 PM Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (N}NW}, 67-8-18) 2:00 PM Jun 24 - Show Cause Hearing, MS Corporation (coat. from 6/3/87) 9:00 AM Jun 24 - Creation of Local Improvement District #1987-1, Weld County Indianhead Subdivision 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimom lot size, Chad & Jaymie Noland (Pt.N}SW}, 67-8-7) 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.N}NW}, 67-8-7) 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.SINWi, 67-8-7) 2:00 PM Jun 24 - USR, Agricultural business, Butcher Block Cattle Co. 2:00 PM Jul 1 - Amendments to WC Building Coda Ordinance 2:00 FM Jul 1 - Amendments to WC Zoning Ordinance 2:00 PM Jul 8 - USR, Suckle Farms (cont. from 6/3/87) 2:00 PM Jul 15 - COZ, A to PUD, Cecil W. Ring (coat. from 5/13/87) 2:00 PM Jul 15 - USR, Commercial welding shop in Agricultural Zone District, Shawn C. Elworthy 2:00 PM Jul 22 - Hotel/Restaurant Liquor License application, with extended hours - MJB Enterprises, Inc., dba Cafe Potage of Longmont 2:00 PM REPORTS: 1) George Goodell, Road & Bridge Director, re: Opening of WCR 59 COMMUNICATIONS: 1) Nuclear Regulatory Commission re: Fort St. Praia & Info. Notice #87-24 2) Dept. of Highways Newsletters #87-21 & #87-22 3) State Dept. of Health agenda for June 17 4) County Council minutes of May 6; Resolution; News Release; and Memo re: Resolution #65 5) Colo. Water Congress - Water Legislative Report 6) Dept. o£ Intarior/BLM re: Powder River Coal Region 7) Briggsdale Lions Club and County response re: Permission for use of motor grader 8) Planning Commission agenda for Jute 16 9) U.S. Dept. of Transportation - Final Construction Report (Available in Clerk to Board's Office) 10) Mined Land Reclamation Division re: Partial Bond release - Keenesburg Mine 11) Natural Energy Resources Company re: Two Forks Dam and Union Park Water Supply Project RESOLUTIONS: * 1) Approve Division Order from National Cooperative Refinery Association * 2) Approve neighborhood to be served, hearing date, and Commissioner to make on -site inspection concerning Hotel/Restaurant Liquor License application of MJB Enterprises, Inc., dba Cafe Potage of Longmont * 3) Approve Tavern Liquor License for Donald Edick, dba Rafferty's, Inc. * 4) Approve temporary -closure of WCR 84 between WCR 43 and 45 Resolution* continued on Page 2 of Consent Agenda-- CONSENT AGENDA Page 2 * 5) Approve cancellation of outstanding Accounts Receivable for Ambulance Service * 6) Approve appointment of Ernest Ross to the Planning Commission * 7) Approve appointment of Nevin Shironka to the Building Trades Advisory Board * 8) Approve reappointments to Health Board * 9) Approve temporary closure of WCR 13 between WCR 46 and State Hwy 60 * 10) Approve temporary closure of WCR 64 between U.S. Hwy 85 and 1st Avenue * 11) Approve appointment of Mary L. Crumbaker-Smith as Deputy District Attorney * 12) Approve_ temporary closure of WCR 3 between WCR 42 S 44 * 13) Approve declaring State of Emergency concerning Tire Mountain fire near Hudson PRESENTATION:* 1) Recognition of Service — Assessor's Office S Road and Bridge employees ORDINANCE; I) Ordinance 184-0k Ia Hatter of Amending Ordinance #84-P and Setting fees for Permits Issued by WC Engineer RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM NATIONAL COOPERATIVE REFINERY ASSOCIATION, 1775SHERMAN STREET, SUITE 3000, DENVER, COLORADO 80203, 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 Charters is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County,, Colorado, is the holder o£ a certain lease with Diversified Operating Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 8 North, Range 58 West, 6th P.M. Section 28: NEhNEk Weld County, Colorado WHEREAS, National Cooperative Refinery Association has submitted an Oil Division Order on the subject property,' and WHEREAS, Weld County is entitled to a one -eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, weld County must execute said - Division Order; a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by theWeld County Attorney, Thomas Cc David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Oil Division Order as submitted by National Cooperative Refinery Association, 1775 Sherman Street, Suite 3000, Denver, Colorado 80203, on the hereinabove described parcel: of land be; and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,- authorized to'sign said Division Order. Ye aiei-4/e/eA 4100/0 870453 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 1987. ATTEST: - Aawn; BWELD COR CIIDL'i BLOOR ZSSIONERS Weld County Clerk and Recorder and Clerk to the Byrd 3RM 366 DIVISION ORDER AR21a2i,1s NATIONAL COOPERATIVE REFINERY ASSOCIATION PAGE ONE OF Two To: NATIC3NAL COOPERATIVE REFINERY ASSOCIATION. DATE:• TMay 29, 19E7 hereinafter referred to as NCRA LEASE NAME; Fiscus #1-28 LEASE NO.: CP #24137 In accordance with and subject to the terms appearing on the reverse side the signatory parties hereto, and ch of them, guarantee end wdrrant that they are the owners in the proportions set out below of all the oil, gas d liquid hydrocarbons produced from the following described premises and until further written notice NCRA authorized to receive oil, gas and liquid hydrocarbons therefrom, giving credit as directed below commencing at mmedtwc xot t....._..Moy_2A.,.._:_ ________, t Township 8 North Range 58 West, 6th P.M. Sectfon 28: NEINE1 Weld County, Colorado B 1159 REC'02102618 06/08/87 14:43 W0.00 1/003 F 0951 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO iMMO CrecTICto Division and Kind of Interest Board of County Commissioners Weld County, Colorado .1250000 RI Diversified Operating Corporation Jack H. Farrior Palace Exploration Company Albert M. Pardini The Resource Exemption _Equivalent Trust Bruce L. Waterhouse, Jr., Trustee Oscar Strongin` Col burn R.. Thomason Kelly Thomason Michael Lance Thomason John M. Turner ORI Sub -Total Paul > Abbey Robert J. Adams Marvin R. Brown James" D. ,Brownlie Commonwealth Energy Associates, L.P. Commonwealth Energy Associates -II, L.P. Diversified Operating Corporation Jack H. Farrior Gear Drilling Company .0448749 ORI .0005000 0RI .0060000 ORI .0081000 ORI '.0015000 ORI .0018750 ORI .0009000 ORI . 0012500 ORI' . 0012500 ORI .0005000 ORI .0667499 .0187500 NWI` .0069844 NWI .0558750 NWI .0116892 NWI .1125000 NWI .0800000 NWI .1080782 NWI .0136031 NWI; .0209531 NWI RI —Royalty Interest ORI--On:titling Royalty Interest WI-Worldnt Interest PP —Production Payment MI —Mortgage Interest IMPORTANT:To avoid delay in payment print or type your correct address (do not abbreviate) and your sociol security number or tax account number on the reverse side. If an individual your signature should be witnessed. If a corporation execution and attestation should be by authorized officers. If a part- nership all partners should sign before witnesses. $'70453 ORM 366 DIVISION ORDER NATIONAL COOPERATIVEREFINERY ASSOCIATION PAGE TWO OF TWO To; NATIONAL COOPERATIVE REFINERY ASSOCIATION DATE: May 29, .1987 hereinafter referred tows NCRA LEASE NAiv1E: Fiscus #1-28 LEASE NO.: CP #24137 In accordance with and subject to the terms appearing on the, reverse side the signatory parties hereto, and ath of them, guarantee and warrant that they are the owners in the proportions set out below of all the oil, gas id liquid hydrocarbons produced from the following; described premises and until further written notice NCRA authorized to receive oil, gas, and liquid hydrocarbons; therefrom,, giving, credit as directed below commencing at a, me>n # xthylt -.:.....----- 19..82_ ... Township 8"North' Range 58 .West, 6th P.M. Section 28:_NEINE3 Weld County, Colorado B 1159 REC 02102618 06/08/87 14:43 y0.00 2/003 F 0952 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Wdredit to Division .and Kind of Interest x J.ohni Penn.: Lee Mile Ni Oil & Gas, Inc.' Palace Exploration Company , Albert M. Pardini. R. S. J., Inc..,: The Resource Exemption Equivalent Trust Bruce.L liaterhouse, Jr., Trustee •Sooner. Joi• nt Venture Go}burnR. Thomason Kelly Thomason Mtchael Lance Thomason: John M. Turner: Williams' Resources Corporation WI Sub=Total' TOTAL: 0337969-'NWI .0187032 NWI -1200000 NWI .0059238 NWI .0558750 NWI .0187500 NWI :0818264 NWI .0148856 NWI .0040078 NWI .0040078 NWI :0136031 NWI .008437-5:NWI :8082501 1.0000000 Each of the signatory parties hereto agrees to indemnify and -hold NCRA,harmless - against all and every loss.,.. cost, expense, or damage of any kind whatsoever which it may (suffer or incur; by or on account of having paid said signatory party :for :crude oil or other hydrocarbons purchased inaccordance with the decimal ofinterest set -forth ,:above opposite the name ;of said signatory party. RI -- Royalty Interest WI -Working Interest 0m --overriding Royalty Interest PP —Production Payment . • MI --Mortgage Interest IMPORTANT: To avoid delay in payment print or type your correct address (do not abbreviate) and your social security number or tax account number on the reverse side. If an individual your signature should be witnessed. If a corporation execution and attestation should be by authorized officers. If a part- nership all partners should sign before witnesses. $''jO4S.i z M iNANId: B 1159 REC 02102618 06/08/87 14:43 *0.00 3/003 F 0953 MARX ANN FEUERSTEIN CLERK & RECORDER MELD CO, CO The following covenants are a pert of this division order: 1. add ell snail Demme the property of NCRA upon trio Pittway thereof to It or to any carrier. pipelbN. parson, firm or COrporetlon deM9M1e0 by NCRA to receive ere ell. L TM NI purchased and received hereuncler Malt be attune FOO to any carrier, plparine, tanks or other facilities Onlerasad by NCRA wilier. fathers and receives and eltl NCRA'greet t0 bey for Seca oil t0 the respective owners thereof aceoroln9 to the division of Minn herein speclfkrd et the prlea pinta by NCRA nor on or the some pia gravity end CYNitY from the field or tree In which the efOnoncrlbed Nfse pr piemius if located en the date sad oil It received by NCRA, less any truants or pipeline gathering t111/geS cleChlding transportation tact) darned necessary by NCRA. Where automtetk metering devlcee an used or where required by poratesa Contracts NCRA is tutAmi ti10 sue the average dally runs for each month as the actual ally rum from such premie . - >. fluegtltles Of. NI D a ne°, heretinder snail be compute from regularly compYto tank tables for the tanks from which ob Is delivered. or from certified tank truck Wen Oll Oil taken in tank truCkl, Or in accordance with any rules and regulation! prncribed by any authOrkpo oovemmental entity, a in accordant, satin the tenable,* Iplelled In the Mice Posting of NCRA. Or ln'aCCOranCe with any accepted practices or mato= prevelllno at the One end place o1 delivery. NCRA may deduct from ell On MOSS all balk teillrMnt. dirt. water and Other impurities. and, In addition, may correct the volume of oil to normal temperature of 000 Fahrenheit In accordance with Co!• retake\ Taele Of American OOclaty for Totting Materials—O11S0. Where a well produces oll after lipoid hydrocarbons nave been Injected into the same, oeducUom may be \hie by NCRA fW en amount of 011 equivalent t0 th"em0unt of liquid hydrocarbons so injected. OIMr sdjuftments and deductions may be made by NCRA as era °hackled W M fns applicable pride posting by NCRA NCRA may !twin that such 011 be treated when mastery to render It marchantabla, NCRA has the unOUJnsNd right to refuse tit Muhl. any Oil Mt COnslderel merchantable by It or of aCGO*ebie quality. Before making payments t0 the owners Mrouneer there shall be deducted therefrom any sever - Weer eree MWW1kd, MCWIallOn Or other taxes Imposed on nth Oh Or the production or the puNRNer thereat imposed by tawJnd raOVired 10 be deducted by NCRA as pl atpWf therein until such time aS any such raw so imposing such taxes is dKNred invalid by final and utappeaNOle judgment. NCRA is not required t0 receive oil In any dearth. Of fa any fixed periods or to provide stereo& therefor, and consent Is horsey given NCRA and any pipeline company whkn NCRA may cone to COnMct Wltb 1M went Or tanks On sold premises to disconnect and remove such pipelines and other settlement owned by It In %o event Of the termination of purchases by NCRA Under thb ONblOn Older. s. TM procetM of such oll, after deducting any *eves or other charges as ere herein provided, and incept es Is provided In paragraph 9. sal be paid monthly for oh re - UMW and p ICINIed. dYring the preceding mentn according to the division of interest at out herein by 4NCk or draft therefor malted t0 eatn party at their Mans herein ASSIOnatM except it the amount payable t0 eny party hereunder shall be NN than 03.00, payment shall be mule annually with the Undemanding mat when NCRA Ceases to Wean W under shit Clvl/Ion Older NCRA will Day to each payee all sums *cumulated to hit credit t0 *Nth his b deer. R IR eiwMg Credit use making payment for 011 produced from said premiere NCRA is authorized Sorely Opon the written statement of the Opersterr of the wee located tMiWll M to the Meth. hWllpn Or formation from whkn ins oil delivered to NCRA has Dien or If being produced. AU working Interest owners and ell pertbs hereto wen ere Cenneaed With the OWration of the said Nee Wen referredto guarantee and warrant that all oil sold hereunder -has been and will be OfWuced and handled he Compliance With SM previtient Of the Federal Fair Lahr. StanMras Act of 1930 as heretofore or hereafter amended and ell other applicable federal, state end other governmental tows. RAU ape reguletlehf. - F I hould the oil polluted from any formation In or under the Mnindesdribed Oremisir be commingled with other oh prior to the time h becomes property of NCRA, Whether arch other ell be prOOUCed from one or more formations having different ownership In pr Weber the herelndescrlbed premWs or In or under Omer premises, the com- mingled NI Sold hereunder shell be deemed to be the Interest of the undersigned In that portion of the total commingled oll Oellvered which b alloceted to the hemIndescribe0 land on the Mitt( the formula prescribed by the operators of the teases or units Gvertns the formations or tracts of tend Smeared and the ata supplied NCRA with retpett the/ere, the NCRA b euthonsed t0 *moot such informetl0n, rely upon the same and to Inaba setllem,nt and dtsDUN&meM lereundermn the basis of the quality and gravity W Nth Commingled oil so allocable wltnwt leblity to the undersigned. For akin' purposes repelass Of the adwt dent of the flow from tnt leverets treat tO the resewr- kh1 fealty the formula prescribed and swooned Dy the operator or opinion shaltbe apulied to the salty rims made by NCRA from the measuring faCUltes. 7. Shwa the Mterelt In the undersigned In the oil produced from the herelndeerlbed NM or from any Carnelian undenying said tams pe unitised with ether anti or Wier 1WinBkM, either voluntarily. by °pent ion of taw Of by artier of stale or other ggvefnmental authority, mb Mahlon order shat thereafter be deemed to be modified t0 the ealent inanely t0 *Inform with tha applicable unitization agreement or Pm Shp all mWom or emendments thereto. but otherwM so remain In full force end effect M le art ether prOVltlons. lrt such event the Mellon of the unitized oil sad hereunder Mall be the Interest oath unarsigned in that portion of the tote, unitized oil canon Is Mantled to the herelndescribed land or formation underlying seta land and shell ba deemed tor an Dungan to here been actually produced from said tend or fOrmation un- Mrlyine aBtl tend. P. tech of the undersigned hereby warrens and wen toforever defend the.4ltlo to the oil credited to such understated owner acoording te. the division of interest here - Mamie Indkated. as well as all interest hereafter occulted. end further pans to Indemnify and save harmless. Nciza or any other purchaser of saki on, end any carper Gana Retie by NCRA Or ether purchaser to receive the Iald 0th, end each of them. against all and every charge or expense of any kind whatsoever which they or any 01 them may NOW Or WAIT e7 Or On account of reeeivuy Or Derenasing or transporting rale oh. or by reason Of enY and all claims of soy kind whatsoever as t0 ale Oil, adverse to the undenl/Md. - e. wkhey% Impairment Of any warranty herein contained abstracts or Other evidence of the undersigned's Utle to said all shall be furnished at any time upon dtrMnd- it, M LM OeMICn 01 NCRA, the undersigned OdeS not nine good and inert rentable title to the ill produced end the Interest Claimed therein by such underslened. Or In Case Of Wtune Calm Of title t0 the lend from which said Oil may be produced or to width Said o0 IS allocated under any Wit Operation. Or to eny of W Uh ell. NCR'. may withhold, WNhOW In/W M and enthoin dabelly the purCMn price or proceeds of fold rail, until Indemnity NtkfKlory to NCRA etas been furnished Of until such title is met aCGptable Ur NCR& Or until NCh Sara claim it Settled to Ilt tatklectlon. If Suit Is filed OW lng the interest of any Of the undenkiled, wanes ake thereat shall be given NCRA at the SIMI fddiets by the piny Or DIRNs affected, togetnr with a fortified copy Of mt complaint, eolith:in Of bib of pertitulan 11100, and the WIRY or parties affected thereby spin t0 hNemnity NCRA &ulnae any lodgment rendered therein end to relrODune NCRA for any costs, etterneyc' fees Or Other expellfOS Intumd In connettlOn ilarewlth. In the tent NCRA k the bpentor of the bah or waif deserlced herele It shall have the right to deduct from any payments dW any working Wenn OWrar hereunder sr. amount Nplyalont to any operating expense or chartist Out but Unpile by such waking interest owner. ' 10. NCRA Will net be mponslble for any change of ownership In the absence 01 actual MUceend proof thereof satlsfectory to NCRA, and recto% by NCRA of s prover and WOCUted transfer order reflecting such *lunges of ownership. Each of the undenigned agrees to notify NCRA in writing of any change in his ownership and eausmal the transfer, ungnment or Cenveyame of any of his interest hereYrder shall be made subject to this division *raffled effective at 7{00 o'Uak a. m. on the not ay of the althea month following the receipt of saki notice. satisfactory proof thereof and transfer Order ey NCRA Without retard to whether any contingency or *prtditlen h ex- pressly Rated in thie division Order, NCRA 4 hereby reliever{ of any responsibility for determining when eny of the Interest herein than Increase, dlmlmin. Change, be Gann- Iulshed Ol revert 10 Other parties as a result Of the completion or Owners of money. productlOn Or other payments from Se10 Interest or the produalon attributable tboroto. was town al the expiration of any Um, Or term limitation (either definite or IhderInite), or es a mutt of the Increase Or Mime& in produalON or as a result of a CMMe In products, WM Of formation, the metnerd Or means 01 production, or u a mutt of a cMnge In the ;noontime of production affecting the above tract or any portion thereof caner any Mreellenl or by order of govammenat sutherlty, or resulting from any other tntlngency, and until NCRA receives LM aforesaid honks, eatbfactery pool MO pamlW tlMn ter the contrery. NCRA Is hereby aUthOrlre to remit pursuant to the above division of Interest. In the event the aforesaid written notice, salbfattOry Oroot and &MIS OreerS are not manta by NCRA. NCRA Shall a held enemies* for error resulting in ova or udder payment, or e wrong payment Of any sums. • 13. Rath partY here%° ratifies and confirms that oil and gas. inn cocaine ouch peaty s Wendt, together with all gas sales Caftan; unit desgnattens or other agreements pursuantt0 Whitt Ms and liquid nydrocarbonf therefrom era Defog produce, processed and sold under enh division order. 12. TM IWIn as as used herein shell be Interpreted under such provisions nand stare aDOUCabN, as Including get and distillate, condeneate, and other Ueuki nyeroearbpne prWtikd With Of Unraded from such gel. Cast lint there beim M IMO* price for gas, the.OriCa er market value of gas seen be that rake received by NCRA in M sate of the W. Gob as prko tOl the above Mown Meld hyOrONrbons shall be the Orkf agreed between NCRA and the purthaer car the operator Of the Venle& 11. Tula alleluia. WMl Mall Marne Vella and binding on each and Mryone of the undenlgMd as soon as Sighed pet nlm, regardless of whether or not R MS can Maud by Mena /lades, and shall be binding upon the undenlOned. that asslens end successors in Intemt and shell ken to the benefit of NCRA, Ifs successors and linens. Witness: I ‘1 Attest: Owner%SoChe Security or Tax Account No. Owners Si ture: BOARD OF COUNTY COMMISSIONERS WELD CO CO " DO BY: La TITLE: Cpairman Y P.O. Box 758' Creeley, CO,: 80632 84-6000-813' 8'7'0453 National Cooperative Refinery Associat�n e� . 1775 SHERMAN. STREET, SUITE 3000 DENVER, COLOMF9 g � May 29, 1987 alt" sun 11�� ;t, DEAR INTEREST OWNER: Effective May 20,1987, NCRA-became, first purchaser of the crude oil production from several Colorado wells operated by Diversified Operating Corporation. NCRA is now responsible for disbursing oil proceeds to you. Formerly you received revenues from Marathon Oil Company. In order to distribute revenues to you, we have prepared and enclose two (2) copies each of our Division Order(s) for your execution. Division Orders for all the.Piversified :,.ells have not yet.bee: prepared; however, we anticipate completion of all Division Orders shortly. Please review the Division Order(s), and should the same meet with your approval, please: 1) Sign in the spaces provided, 2) Have your signature witnessed or attested, 3) Insert your Social Security or tax account number, 4) Complete your address for receipt of run checks, and 5) Return one (1) fully -executed copy of the Division Order(s) to my attention at.the above address. You may retain the remaining fully -executed copy(s) for your records. As soon as we receive your properly executed Division Order(s), and providing title to your interest is clear, we should be able to place your account in a pay status. Please note that in order to insure payment on June 25, 1987, we must receive �your properly executed Division Order(s) no later than June 12, 1987. Thank you for your assistance and cooperation. Please let us know if you have any questions. SB:pja,; enclosures Sincerely, tiativeSzoke Shelley Brook Division Order Coordinator Crude Purchasing Department Cade Oil Division Office 874453 Supplying Refined Fuels _ To Our Member -Owners FARMLAND INDUSTRIES, INC., KANSAS CITY, MISSOURI • FARMERS UNION CENTRAL CECNANGE. me, tSENECI, SAINT PAUL MINNESOTA GROWMARK, INC., BLOOMINGTON. IWN= • LAND O'LAKES. INC., MINNEAPOLIS, MINNESOTA • MFA OR COMPANY, COLUMBIA. MISSOURI n 1 H -. L c. 3 '> s i2t .I. . �1-, -.I gc 0 T U. C 4pp C 3O O L 1 12 h C LL... O. 1\ !\ ._ �Gp ob 0 _ p \\\ m " D. V 6.0 i g• - 47, CI. 2 . (.> 3 iy ,' ¢ H31 od. c?i¢O O _ 7,-, c RESOLUTION RE: ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAEE ON -SITE INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF MJB ENTERPRISES, INC., D/B/A CAFE POTAGE OF LONGMONT, FOR A HOTEL/RESTAURANT LIQUOR LICENSE WITH EXTENDED HOURS 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, at a public meeting on the 8th day of June, 1987, 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 MJB Enterprises, Inc., dba Cafe Potage of Longmont, for a Hotel/Restaurant Liquor License with extended hours, and WHEREAS, the Board did determine that the hearing to consider said application shall be scheduled' for July 22, 1987, at the hour of 2:00 p.m:, and WHEREAS, the Board did determine that Commissioner Bill Kirby be designated to make the on -site inspection for said application, aad WHEREAS, the Board-did.detertuine that the following described real :estate should comprise the neighborhood to be served concerning said application, to -wit: Sections 2, 3, 10 and 11, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, which comprises a four square, mile area. NOW, THEREFORE, BE IT RESOLVED by the. Board of County Commissioners of Weld County, Colorado, that the above described seal estate be, and hereby 'is, ._declared to be the neighborhood, to be served concerning the application of:BUB Enterprises, Inc., dba Cafe Potage of Longmont. BE IT FURTHER RESOLVED by, the Board that Commissioner Bill Kirby be, and hereby is, designated to make the on -site inspection for ;said application. z e cox/ 870452 Page 2 RE: LIQUOR LICENSE SEARING - MJB ENTERPRISES, INC. BE IT FURTHER RESOLVED by the Board that the hearing date concerning said application be, and hereby is, scheduled for July 22, 1987, at the hour of 2:00 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following -vote -on_the 8th day of June, A -D., 1987. ATTEST: ary Weld County Clerk and Recorder and Clerk to the Bo d J eputy-County C APPROVED AI$ TO FORM: ene R. fan ner BOARD OF COUNTY COMMISSIONERS WELD CO LO ac airman C.W� it , Pro- em n Jau ne nso County Attorney EXCUSED Frank; Yamaguchi 870452 RESOLUTION RE: APPROVAL or RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO DONALD EDICK, D/B/A RAFFERTY°S, INC., GREELEY, COLORADO - EXPIRES AUGUST 14, 1988 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, Donald Edick, dfb/a Rafferty's, 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, 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: 5590 W. 10th Street, Greeley, Colorado 80634 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 87-8 to said applicant to sell malt, vinous and spirituous liquors -la 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 August 14, 1988, 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. oo-? z Cc zo/� 870463 Page 2 _ RE: TAVERN LIQUOR LICENSE.- RAFFERTY`S The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Board De uty County C r APPROVED AS TO FORM: :3---aerr2 c--��>o d County Attorney BOARD OF COUN Y COMMISSIONERS WELD COQ,_/DLO' _•�'• Gor ac 7,rman K r . , Pro em "ene R. Braner Prank 7t'dmaguchi 870463 DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE-CAPLTOL.ANNEX 1375 SHERMAN STREET DENVER, COLORADO 80261 A..F.>+c�l'rS LAC sT LICENSE EXPIRES USE LICIW MUMMER tOR (WRIST, 1MIOWA110Y _ _ ALL REFERENCE ,. COIWTT pT' INCUR. THE 4.W4TTMTE -.. TOTAL FEE(S) THIS LICENSE IS ISSUED SUBJECT Tp THE LANES OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TttLE 12, ARTICLE CI, CRS 1973, AS AMENDED. THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN -THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX,. 1378 SHERMAN STREET, DENVER, COLORADO 80261 - - 1N TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND DRL 400L DEPUTY DIRECTOR EXECUTIVE DIRECTOR S rs G..�p CC'c : a :+ cD O :pp D-+ m -- - `.S P � m t N C rn. 0 : ti "D "" c� .,,N O R. e' rn a. n ' x M o m cr 'C c+..'m riaIn is O O v: O e_. P r. 0 a� o e u' N [D F+ n /'�_O. w 3 o -40cc n o z 4,. 54 O 5* 7C y p • kn x y O,' w m i1.. - iJ e. O O O to g n 0 0 o ¢ H 9 = m O u m CD CA< 1gg P C O'; :E13 d � O O e; `S r. e;...." ta. to Y c O e+ fl;:: CL =trc, 0, C m 0..g • • oq W < M M * O cr, �. * 5. re tri m ^' 0- °, m. ≤ m rn '* _Oc � ro a! M *0,4 0 so m t 1 H a P 4. 144 ¢O g• ,„ o 1-1 y • (1' w• y P y 0 SD n Cj O O Dr. V CD.. C' 0 ya m n Y P O C --�r 0 CD n' -s b.tP ^ 7 p .0 C7 n 2 p 8� M P G O.:0 '-3 . ryi . c-.•0 zs x -�• � �:O by •., Fi ^' •Y r 0 m 2 :-3 hi 2D 6 c< 1• en.c, <.m O cD: t ti :y M m. a ° G 0 DI. y y �. b9 O z. 0.ate-3. C en O .>c rV Pt;cn - ti0_ 1- r r• H P 310 902 904 ky2 ° . . \ ! { , _ 9 / # !\ \ (~ \! \ i � c ` o �:{ /� ; /° »} } « \ _: aunt 'omit .USIOd@: K `ALL"ROTA11tLCENSERSEWALS rnust beseviewertand approved hifilf y thgtioiakticerrsing authority Pteaa oomptete this �!Frn aadSUNiftl;.74 a(OTJR.LOCAL LIFEI010A: NO�fi Wild later• rr345 iSeys Poor to.l'rtxrlse axph¢ttoh � WHOLESI{LElt •M'A i*.i LsTURER5, mwdi l Efi ."'"tld• PU6CtCifiANSfjOFiSATION S IySY�re LIre?' RENEWALS are 1 ba r ,1(ld to i; Colotgdp Dapardna�t of Reverlus X375 SfiKrnan St D �rvet, C0 8Q26t no tatarxhart3 1454.ptlor to ti enk <, sttpirer3on � LO�At't1�EN$f,NG_11t13F1fl.RtT1r-C9PY ; ; _ < r�p� MPLratitryo No .• ih!i.493:Z3 BLISINESS. r. Locwrtonk 5590 0040TH s fdtE8.EY te 8ii63Y Sc-whit ayerrirfederatfNpbyieeWrenn Weelo»sNo?1 $: ♦ YAatoyaw%ColoradoSales To[Aceoont No Ee,kdeetere]mderptrtetty*ietiterytn the leConddetrakehaddlare reedebie ainntlotnsnd sU'aelial leap L.t3-Cmta,tts thereof, tHRERIseatt,toatth ARdinformation-en forth therein aretrua. colearend:tOalpdete,to the hest of ereterloal 19ttmfarmKtan and t: agree to aonforol.to.Ntapp mid 'elr n la and tMwnuppted-by.MtColorado. , CReveouern. therewith.: 1ND1\11Q1jAk311ND ALi<7@gljiERS OFah ATFOiIg�a/� M QN..� . _....� _. 9,y$ �... -s.. ...... °.29 .mAIC E CM f?Q°DA LORAt1tiD9Mtr�i REPORTAt4DAPPRCVAt-OfT#IELC1G1tL2LlCEN81_�_i1 *f�i?'e� �A! .. Aihu aCturert, Wholefelersomeroetertiaerlar rar nasVonetarre- ..II meet the rH1aN K 1[1zy4 n , -etHERray Apo (CLERK OR ee;P� \tE1yTARX , h% tr looeted wltklrre.town or C,ty leapMov�iaar d rand `- Ia . men the qoe or Coanty_srorw ePonMt and the clerk of the hoard If by ordlnsnc M.otfNrwue, the IOAI iirin{ireirauthortrv=L.:._. off kttvat ehmitd be given -by such official.) _ . _ (SEE; REVERSE. SIDE) _ 970463 ES N6 r 'PovoO ha -•!.*PaelatlYon.O�tlta Prerytiw fa lfih applteatieh_faligegpifyrtade7 - - Ara in. p iiiial is nwt44a s ,;;;' Lei .Vll rH i7nptl, dticNya J1 •xp7rat-4* �jin of'/par .arc&\' 7/1:^1,.....;W-77-,'„?)..' ..r..T - la) HnahR+PPi7dnt: a any of Smioarinare: or ONkart.'toq�WdYryyF; �kroP.-4Y144r{KP�+1Poratlonr, reviver) cow/lead of a crime7.1f span', is •'va■,^`niPldn yr.�apll. lb), Hasperson■ 7endingannsranntnt financial auPfloll to the applicant- Or thy mann9 r, or aniployae■, am bum convicted of e7 critnff aonverL"voi; "expldrt.)n aNgB. •, -; tat thaapplicant; orany the partnr■ or kair, direetOq oritookholdas of said applicant (if a conior:rinng—� (e) 6aen danlad natooholk: Wvuapa-flpiya) . in) fndintaraetlrranantirytfuRhekrohoue r .. It answer ` 4avre�a uulrttawlpatd/d:tk rawked] - h yn-� exp4in in dsniti-' ( l�Atteefi ■t.�pam sti.at M nacepery_) . J •p ¢°+ � F ?r>a'7 ° - N.fsn: or offkdin are otors arstoa lmidarsef ridnppuppnt tH a eorporatiorkhaw.a Lion -, ct L...oritakaKruclainvoilyc Eolaratoxtquaruan*Iati fti*sinsisi Pram"airy uainerar raeraa-lve io-ttiri inett `-..: ,' Yf ♦n■wr it •yefy.". eap4ln,in`,dwu: ., _, � . "... =- _ _. 0::td'entify,tha,,Wrwna,:fkmmtllaMlintion. ;rho-noworwliibears financialintarattoviik ititherbyloansVraw*vistwohlpjn.SI*twine for whkh this ukenala racivaefad. Sam. The Tenn and addiniii , and the amountand aoprce of awn financial introit expressed in dollars rngmWue.Mamaof vaiueauan.a lmmmry; it ni_hun or*eWlpillentGAia berdrrabtiva:?rlrodeaanettiR nai;*L AM eilpmtaireat ttniessey_. �,„"'��` .. ADOR1ESEa;r ..x„t'<. - . %IiYY'eoace• ) -. . - hto =tt..Litt the name* end addraaas of. dl liggor �•--rhiapplicant9tr ;spans, N) Corpontlonb,txptP4tMtttiWl"tAetttiwof tMStetaa♦ (b) Prinelpal bualneatKOPnauatetit• , v co < - • Y ( „State ; �GI/ GG Gi .(e)bat.offuhq�l,rt«,nudwmuat.a+Porttoy»sipen_tat,oraut.:". ., r ti icEedlinga oraaer�Argrar - V Troaw .Secretary:. to is LMtO flock aQe5t d itarte # stoCkF ri'1P'tTJtS • zz -14o L/417/a 9 SaParatashun If neo4ary) CitSitiidStett. ,:--r • E-3 ".tt.al•flack`. ;Wto of :Birth: DATE: Nay 27, 1987 SHERIFF'S OFFICE REPORT FOR BEER OR ,LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Donald Edick dba Rafferty's Inc. 5590 W. 10th Street Greeley, CO 80634 TYPE OFLICENSE:Tavern Liquor License SHERIFF'S REPORT: Sheriff's Office has been notified. HEALTH DEPARTMENT REPORT: The establishment has a current Food Service License for 1987. • 870463 r Q fl M c O 0� • W O ��CCt fu a Q..41.. W a' G U elrt M f : c a w m O0 5= <55 woo a as to W U P Occ y W d V�-Cl. WO H u t n ' - d Y ' d LL e O 1 ci cz ge o 2 jOd. 7:4,� _c. F N LL @ y , z P:. og d uC d o q s T 3. A 3 Y r„-.5 C I C4 P.- E 1 j . C U a c S G S? dN CG Q .- 9RLtitcrs 1,770;J1Vt • Jest 4`T von WIOj Sd 8'70463 TREASURER'S OFFICE, WELD COUNTY Greeley, Colorado e RECEIVED OF \�X ,19 21 $.. FOR _ 8434 fQ %S ----CREDIT County Genera) Fund 101 0000 _ q.1 . j QG C> C 75- Health Department 1190000 Human Resources 121 0000 - Social Services 112 0000 Housing Authority Road ,& Bridge Fund 111 0000 - Airport 1770000 County Clerk Cash Escrow 8100803 Fee Fund 9000912 School District. ". Gen Fund' - School District C R F _ School District Bond Fund 810 3 FRANCIS M. LOUSTALET ) - Clerk _ TOTAL AMOUNT v I %y %h 7S County Treasurer RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 84 BETWEEN WELD COUNTY ROADS 43 AND 45 FOR APPROXIMATELY FIVE WORKING DAYS FOR REPAIR OF BRIDGE 45/84A 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 Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number o£ work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of: Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices, BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 84 between Weld County Roads 43 and 45 be temporarily closed,. with ;said closurebeing effective- June 10, 1987, for approximately `five working days, and further, that. standard official -traffic control :devices shall.be erected -at said closure giving notice of the restrictions. RI)OO17-Y y 870456 Page 2 RE: TEMPORARY CLOSURE - WCR 84 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the 'following vote on the 15th day of June, A.D., 1987, nunc pro tunc June 10, 1987. ATTEST: Weld County Clerk and Recorder and Clerk to the Bo a eputy ounty C APPROVE AS TO FORM: BOARD OF OUNTY COMMISSIONERS WELD CO OO C. Rirb�, Pro hem i!atr. Bran"Ener 870456 ttiri� . t w4�f ♦ - +� = a1 i - }- _ y p- (NcR 534 Od iG • Fv r ^vG a I• 1N - � a J kr 0 Isc R V 3F RoaClosed 61/07F1 rGr c€;o.orcx; 0,0If 5 war ti TITLEP°ad CIQSurc cwcpis lab tckis ys/8G SURVEY BY �y DATE DRAWN ',,BY Mare DATE �° ' 7 CHECKED BY DiarE COUNTY ROAD NO..95 APPROVED BY COUNTY ENGINEER WELD COUNTY DEPARTMENT OF ENGINEERING F '^_-min- s FORM 16 2/ 870456 Fts-,93:0W"t-ii ne n^ — a f COLORADO MEMORAMUM Clerk to the Board From Subject' Date June 11, 1987. George Goodell, Director of Road and.Bridge Department Board Agenda item - Road Closure - Weld County Road 84 between_Weld-Count, Roads 43 and 45 was closed June 10, 1987 for approximately five working days to repair Bridge 45/84A. Attached is a'drawing showing the detour route and: placement of signs. Weld County Dispatch and Sheriff's office were notified. GG/bf Enc.. xc: Communications 8'70456 RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY AMBULANCE SERVICE 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 list of ambulance accounts which have been deemed uncollectible in accordance with guidelines adopted by the City and County has been submitted to the Accounting Department of Weld County, Colorado, a copy of said list being attached hereto and incorporated herein by reference, and WHEREAS, the Accounting Department has recommended to the Board of County Commissioners of Weld County, Colorado, that said list of uncollectible debts due and owing the Weld County Ambulance Service in the amount of $9,437.49 be cancelled. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the aforementioned list of uncollectible accounts, in the amount of $9,437.49, be, and hereby is, approved for cancellation. The above and foregoing Resolution was, on motion duly made and seconded, -adopted by the following -vote on the 15th day of June, A.D., 1987. • Weld County Clerk and Recorder and Clerk to• the Board Gor BOARD OF COUNTY COMMISSIONERS WELD CO LO 0 C. iWr. Kir4, Pro APPROVED AS TO FORM: Gene R. Brantner County Attorney Frank Yamaguchi irman Tem /ti /1 49 J I 9 - So_4 870454 NEL0 COUNTY AMBULANCE SERVICE - UNCOIL ECTABLE ACCOUNTS PA 6E ACLOUNT AMOUNT A'CC.CUNT AMOUNT; ACCOUNT- AMOUNT. NUMBER- DUE NUMBER DUENUMBER DUE 00001788 5327.50 00002.432 s135.00 00003489 $255.00 DODO4497 $205.00 00004560 $47..84 0000'4736 $65.75 00004744 5230.00 00004869 $165.00 00005067 $260.00 - DODO ;5317 $362. 50 00005319 - 5235.00 0000'5330. $312.50-: D0005335 $180.00 00005348 $285.00 00005349 5263.00. 00005356 $260:00 00005362 $340.00 00005371 $255.00 0000 539 2 542.00 ,00005407 $295.00 00005417" $915.00'_ 00005435 $133.00 00005452 $400,00 00005454 $1'760.00: 00005586 $305.00 00006126 $356.80 40006133 566.20 00006214 (332.00 00006224 ;646.40 TOTAL ''39,437.49 <. e, 870454 er RESOLUTION RE: APPROVE APPOINTMENT OF ERNEST ROSS TO THE WELD COUNTY PLANNING COMMISSION 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 vacancy currently exists on the Weld County Planning Commission, and WHEREAS, it has been recommended that Ernest Ross, representing District 2, be appointed to said Commission, with his term to expire July 31, 1990, and WHEREAS, the Board desires to appoint Ernest Ross to the Weld County Planning Commission. NOW, THEREFORE, Commissioners of Weld hereby is, appointed represent District 2, BE IT RESOLVED by the Board of County County, Colorado, that Ernest Ross be, and to the Weld County Planning Commission, to with his term to expire July 31, 1990. The above and foregoing Resolution was, on and seconded, adopted by the following vote on June, A.D., 1987. ATTEST Weld County `Clerk and Recorder and Clerk to the Board eputy County APPROVED AS TO FORM: ounty Attorney motion duly made the 15th day of BOARD OF COUNTY COMMISSIONERS WELD CO M' _ �_ OLORADO Gor•O' '.• F r.,': rman C. 1r. , Pro em Gene R. Brantner 7t.,0002-5 /l/�• /cO gsz,-/ 870458 OATH OF OFFICE STATE OF -COLORADO ) COUNTY OF WELD ) I, ERNEST ROSS SS.'. do solemnly swear, by the everliving God, that I will support the Constitution o£ the United States and of the State of Colorado and the Weld County Home Rule Charter, and faithfully perform the duties as a member of the WELD COUNTY PLANNING HOMMISSION upon which I am_about enter. Term to Expire: JULY 31, 1990 2 2� `Ok Subscribed and sworn to before me this tb day of p � A.D..,.-.19 cm Cn�� it ry Public\ SEAL': _rr _ My "Commission expires: My Commission Expires Feb: 13, 1989 ** Please sign and have notarized, then return original to Clerk to the Board'sOffice'. The; yellow sheet is for your records. Wit(.PL002.3' DAY FILE: ; 6/15/87 870458 RESOLUTION RE: APPROVE APPOINTMENT OF KEVIN SHIRONKA TO BUILDING TRADES ADVISORY COMMITTEE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Bowe Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a vacancy currently exists on the Building Trades Advisory Committee, and WHEREAS, it has been recommended that Kevin Shironka, representing Small Independent Contractors, be appointed to said Committee, with his term to expire April 10, 1990, and WHEREAS, the Board desires to appoint Kevin Shironka to the Building Trades Advisory Committee. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners- of Weld _ County, Colorado, that Kevin- Shironka, representing Small Independent Contractors, be, and hereby is, appointed to the Building Trades Advisory Committee, with his term to expire April 10, 1990_ The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987 ATTEST:.:!na,Ct}am.ra-vAtmitan, Weld County Clerk and Recorder and Clerk to the Board .BOARD OF COUNTY COMMISSIONERS WELD CO '. ��s O O nerr LArsr- Prank Yamaguchi pL oaG epe 870459 4 Deputy County er RESOLUTION RE: APPROVE REAPPOINTMENTS TO THE WELD COUNTY HEALTH BOARD 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, vacancies currently exist on the Weld County Health Board, -and WHEREAS, it has been recommended that Vicki Edmiston and Dale Peters be reappointed to said Health Board, with their terms to expire in May of 1990, and WHEREAS, the Board desires to reappoint the above named individuals to the Weld County Health Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld -County, Colorado, that Vicki Edmiston and Dale Peters be, and hereby are, reappointed to the Weld County Health Board, with their terms to expire in May of 1990. The above and foregoing Resolution was, on motion duly made and seconded, adopted by. the following vote on the 15th day of June, A.D., 1987. ATTEST:%In BOARD OF COUNTY COMMISSIONERS WELD COLO _�O Weld County Clerk and Recorder and Clerk to the Boyd Gor R rby, Pro- em rman sex /�✓� APP OVED AS TO FORM: Gene R. Brantnerr iQYltAt» County Attorney e Jo Fran`ama iobi /./2 oroi efday_fird(t 45.-e ' 870460 PLANNING COMMISSION ('pLoo2.3) Ernest Ross— Has been appointed. He is replacing Douglas Graff, who represented District 2, His term of office will expire on July 31, 1990. BL-PCTiZA0E5 A bv, CDregy -t'i-6� BUILDINGTRADESADVISORYBOARD ( ptoo 103 resin: 4Sbireake -::hiss Stan.. He:. it �azcutaats Ioae- taf ' the: Small Independent Contractor positions. His term of office will expire on April 10, 1990. HEALTH BOARD ( p LOO(j) VickiEdmistonand Dale Peters have been reappointed. Their terms of office will expire in May, 1990. 870458 870459 870450 OATH OF OFFICE STATE OF COLORADO SS - COUNTY OF: WELD I, DALE PETERS do solemnly swear, by the everliving God, that I will support the Constitution of the United States and o£ the State of Colorado and the Weld County Home.Rule Charter, and faithfully perform the duties asa member of the WELD C0IINTY HEALTH BOARD upon which I:am about to enter. Term to Expire: MAY, 1990 Subscribed and sworn to before me this aceiday of >keenu�i Notary tMy*Cia idsion-expires: 3 -a8 -f0 ** Please sign and have notarized, then return original: to Clerk to the Boards Office: :The-yellow'sheet is -for your records. AH1.0001 DAY FILE: 6/15/87 A.D., 1981 . 870460 everliving God, that VICKI EDMISTON doo-solemnly swear, by, the Constitution of; the United Statesandof the and the Weld County Home Rule Charter, and f duties as a -member of the 'WELD COUNTY HEALTH BOARD upon which I am about to:enter. Term to Expire: MAY, 1990 faithfully I will support the State of Colorado perform the Subscribed and sworn to before me this ^"aay of A.D., 1911 n z, "; 44y, Compt4stion expires: Notary -P 3 -a7 -9'o ** Please sign,and have notarized, then return original to Clerk to the Board`s,Office. The Yellow -Sheet -is- for your records_ ixtot HLOoo1 DAY FILE: 6/15/87 870460 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 13 BETWEEN WELD COUNTY ROAD 46 AND STATE HIGHWAY 60 FOR APPROXIMATELY TWO WORKING DAYS FOR ROAD RECONSTRUCTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Coloradostatuteand the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and • WHEREAS, pursuant to Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose o£ road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such ' road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 13 between Weld County Road 46 and State Highway, 60 be temporarily closed, with said closure being effective June 9, 1987,` for approximately two working days, and further, that standard official traffic control devices shall be 'erected at said closure giving notice of the restrictions. 77)O07-3, a� S7C457 Page 2 RE: TEMPORARY CLOSURE - WCR 13 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987, nunc pro tunc June 9, 1987. Weld County Clerk and Recorder and Clerk to the B APPROVED S TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUN_ O Ant ne R. B a tnf� e Frank Yamaguchi SO 870457 _-- C"� �cO_ • 3 p eQQ cL LL aosecl &RP 7F ! F'p r o2 tvD� kin. di.S For floc! by Pc; / Foot" -4-r a c � TITLE ?-naol [ crierP kick .t3 p4 S • Ha/ el Cce2 r1._. 0 Q1 CiOr,r.^� k pack 4 p �: rO r } Gr-o 4 !y re CoP,S4 rce7li an SURVWDRATE N BY BY iYC ✓C ODA% CHECKED 8Y OAfE _ COUNTY ROAD Mile APPROVED BY COUNTY ENGINEER t WELD COUNTY DEPARTMENT CF ENGINEERING 870451 FU?M 16 4O4; vibe COLORADO mEMORAMUM To Clerk: to the Board. Date June 9,1987 F.om George Goodell, Director of Road -and Bridge Subject: Board Agenda item Road Closure Please place on the Board's agenda for consideration the following road closure: Weld County Road .13 between CR 46 and SH 60 was closed June 9,'1987, for road reconstruction by the railroad tracks. The road will be closed for approximately two working days. Attached is a drawing showing the detour route and placement of the detour signs.. Weld County Dispatch; and'SFief`.5 0£i ice 1370457 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 64 ("O" STREET) BETWEEN U.S. HIGHWAY 85 AND 1ST AVENUE FOR APPROXIMATELY FOUR WORKING DAYS FOR REPAIR OF BRIDGE 64/39A 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 Section 42-4-410(6)(a), CRS: "...local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establishappropriatedetours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it .hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn-and/Or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 64, "O" Street, between U.S; Highway 85 and 1st Avenue be temporarily closed, with -said closure being effective June 11:, 1987, for approximatelyfour working days, and further, 'that standard official traffic control, devices shall be erected at said- closure- giVing notice -of the restrictions. /'> "D ooh �l g72 _dg v1/4_, 870461 Page -2 RE: TEMPORARY CLOSURE — WCR 64 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987, nunc pro tune June 11, 1987. Weld County Clerk and Recorder and Clerk to. the B D7N�. e1 D putt' County Lamer APPROVED S TO FORM: BOARD OF OONTY COMMISSIONERS WELD CO C.W tner � Pinney-- Frank Yamaguchi nso 870461 lITLE Red Clacvvp QS* nt CGS. fAsv S'S a1 / sf five . • f ype r. ! Y C tpr6/1 to Ca/ ort%: C 6I-1/ ,De4a1r ):proc<, f jYPa bcirr;cGG2 r -p00^r. Tt7P t i 60Kr, LA's �k ( r� ;kJ-LY'o` _ 2o�Q/ dosed efie :•C---) �s=+f good �r"3:(:) 6`ir%P7 aPpr6X)i iaie `r cup Or kin g day: (or clue rept2;(r (6,V /39 ft) SURVEY BY DATE MarcAWN BY ,! DATE CHECKED BY DATE APPROVED BY COUNTY ENGINEER COUNTY ROAD NO 0 S�- WELD COUNTY DEPARTMENT OF ENGINEERING h FORM $6 2 87.74b1 COLORADO 1/1162 MEMORM1DUM From Subject: _ Clerk to"the Board Date June 11, 198 George Goodell, Director of Road and Bridge ,--g Board Agenda --item - Road -Closure Weld County Road 64, 'Tin Street, between US Hwy 85 and 1st Avenue was closed to traffic. on June 11;1987, for approximately ,four working days for the repair: of'Bridge'64/39A. - Attached is a drawing showing he detour route and placement of signs. Weld County Dispatch and Sheriff's Office were notified: xc: Communications 8%0461 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF MARY L. CRIRBAKER-SMITH AS A DEPUTY DISTRICT ATTORNEY, HER TERM TO COMMENCE JUNE 8: 1987. CHI JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY.OF THE ABOVE -NAMED DEPUTY DISTRICT ATTORNEY MARY L. CRUMBAKER-SMITH.AT TWO THOUSAND THREE HUNDRED THREE.DOLLARS (2303.00) PER MONTH. ATTEST s%Y4s Weld County Clerk and Recorder and Clerk to the Board /1 Deputy County Cler DATE: June; 15,! 1987 � Yee r— T40Go 4/7 870469 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 87 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, STANLEY C. PEEK, BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT MARY L. CRUMBAKER-SMITH AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JUNE 8, 1987, AND TO CONTINUE DURING THE TERM OF OFFICE OF MR. PEEK, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID MARY L. CRUMBAKER-SMITH AT THE SUM OF TWO THOUSAND THREE HUNDRED THREE DOLLARS ($2303.00) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO, JJ DATE THIS re -MAY OF JUNE, 1987. 8'70469 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION N0. 87 CV,1 OATH I, MARY L. CRUMBAKER-SMITH HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE STANLEY C. PEEK, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEMTDI JUDICIAL DISTRICT IN AND FOR THE COUNTY OF -WELD AND STATE'OF COLORADO. SUBSCRIBED AND SWORN TO BEFORE ME THIS 8'70469 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 3 BETWEEN WELD COUNTY ROADS 42 AND 44 FOR APPROXIMATELY NINETY DAYS FOR REPLACEMENT OF BRIDGE 3/42A 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 Section 42--4-410(6)(a), CRS: "_..local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed_ a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected...", and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners o£ Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such, traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices Shall Conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHERRESOLVED that the Board of County Commissioners of Weld- County, Colorado, does declare and establish that Weld County Road 3 between Weld County Roads 42 and 44 be temporarily closed, with said closure being effective June lit 1987, for approximately :ninety -days, and further, that. standard official traffic control devices shall'be`erected-at said closure giving ,notice of the restrictions. RDO6°A-3 ��- 870462 �� Page 2 RE: TEMPORARY CLOSURE - WCR 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987, nunc pro tuna June 11, 1987. ATTEST: BOARD OF COUNTY COMMISSIONERS %YJ � I tbW�Glr/ WELD CO/y{ITS O Weld County_ CVAlerk and Recorder! and Clerk to the B• d APPROVE AS TO FORM: puty County e :41 em e�R Bran ,OO. 13' 8 17 4474 ova 24 Abet •0 f';/ J 50 25 Inrlr Omer I / / . f I\ PROJECT SITE 19 42.77 • Jam\ 4.250_ w C\. �" r \�_� "nOL'cw�Ei e J h Lint .y J J s,+ '447- ---`.. --.-;;..‘%4.\ ; N',..,,`3I ♦♦ems �.1 ♦.. C♦ N _�-- - ? _ ••- iI e>--;-.;';7..'''..-. _ .-..-;;"•••••- ../. T��mps6'n - a_ 71 l 'de -) • 1, ie) VICINITY MAP 4 J -^•C r =- 1 et gu 870462 DESIGNATION SUMMARY OF CONSTRUCTION TRAFFIC CONTROL DEVICES STATION OR LOCATION TYPE Southhound lane R11-3 (South of intersection) M4 -10(L) Type III Southbound lane W20 -3a _ (South of intersection)_ Type III - R11 --2 Eastbound lane M4 -9(R) • Northbound lane N4 -9(L) (South of intersection) Southbound lane - M4 -9(R) Eastbound -lane M4 -9(L) (South of intersection) Northbound lane R11-3 (North of -intersection) H4 -10(R) Type III Westbound lane Southbound lane Southbound - lane Northbound lane Northbound lane Northbound lane Contractor Note - a. All Type III Barricades to be furnished with flashing warning lightsi _ M4 -9(L) W20-2 R11-3 R11-2 Type III M20-2 R11-3 DESCRIPTION "Road Closed" "One mile" Local traffie only" "Detour".(Left) Type III Barricade "Road Closed 500 ft." Type III Barricade "Road Closed" "Detour" (Right) "Detour" (Left)' "Detour"- (Right) "Detour" (Left) "Road Closed" "Local traffic only "Detour" -(Right) Type III Barricade "Detour" (Left) "Detour 1000 ft. ahead "Road Closed" "1/2 mile ahead" "Road Closed" Type -III Barricade "Detour 1000 ft. ahead" "Road Closed" *1/2 mite ahead - All Construction traffic control devices to be is con- formance with Manual on Uniform Traffic Control Devices, Part VI, Construction and Maintenance. 870462 fez COLORADO mEmoRMum From Clerk to the Board Rex L— Cantrell. Civil Engin- C II -_Road & BLidwe Dept a Dee June 11 1987 suoisa: Board Agenda item - Road Closure Weld County Soad 3 between Weld County Rczds 42 and 44 will be closed June 11, 1987, for the replacement of Weis County Bridge 3/42A. The road will be. closed for approximately 90 calendar days. The attached drawing shows the placementof traffic signs and detour route. _ The Weld -County Dispatch and Sheriff's Office have been notified - 870462 RESOLUTION RE: DECLARE STATE OF EMERGENCY CONCERNING TIRE MOUNTAIN FIRE NEAR HUDSON 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 June 9; 1987, a severe fire engulfed a mountain of tires near Hudson, Colorado, in Weld County, and WHEREAS, the fire threatened the health, safety, and welfare of the citizens of Weld County, and WHEREAS, numerous County and local resources were expended in containing and extinguishing the fire, and WHEREAS, County resources will be required to insure proper cleanup -of the site to -prevent further environmental damage to minimize safety and health risks in the area, and WHEREAS, the Boarddeemsit advisable, due to the risk to the health, safety and welfare of the citizens of Weld County, to declare a state of emergency and to request assistance from the State and Federal governments_ NOW, THEREFORE, BE IT RESOLVED by the Board o£ County Commissioners of ,Weld County,..Colorado, that a state of emergency be, and hereby is, declared because of the Tire Mountain fire near Hudson, Colorado. BE IT FURTHER RESOLVED by the Board that assistance shall be requested from both the State and Federal governments. r 0001 ee, a j- GS"" �� 870464 The above and foregoing Resolution and seconded, adopted by the following June, A.D., 1987. a94oL8 ��r� ,,,.•-•-. .'��lfir_ -M+ • rl S }, � 1, , t \ i•: l, • M :. 1�• r.r^: � `F ' .. 41: a✓( N 4,- ":--4t "t7...1/...:1;Ow . •13. eD "'' �y+t Y. e p 44 cr.• p�(rI�a T 1 9y .+.: a. •-,i < '! 33ih `4 ,-:.',,-Z0..41.4.� r a ` � 1f♦ • iitYiy o!� tft , 3`.v ,, J. ,�Y r 11]17 V. II O• b1 .() ,+. .-.m t ID�� 1,• 1. Ir e ur , m :n ti; Gi1J d J x • N o n c . rt m -. 4 1t x % h a ID gtrnt r, M lt�i - r✓ .i ,eo , m a, U fit }I }; 41' S ti o g a o n F C tly),.\\' i •1 , r 1 to ra r� n I1/ y •� 1 �,. f • / C - - o m nm m m ro / a. N m P. t, to a c r. m I 1t : (`) ` n wow a C �' 'y. �� • '' -I• ''' r�: . m w tve wm o ma [4 It 1} n. 4' i i *4l _s m / 0OQ O F � .. 1 ,a Y', t; .,If ip 8 ,{ ,a ` � (in t - k, ;� s� !` 1•<1. (f.' . .t, ))y) j¢, 1 o GG s f ',§ `,1 ii i` 4; ( v - m 3,• rr . Li O p ' x . _ •K 4 m .m 1 , FBI s5•. ✓✓�rr(1 1�N. iti/ .� , O \`".c� ��' U m 1+�1 �g lf,.?-4:174....;0'2;;11;::- J .r♦ �i 5.Y_ C O.?)rr/„�)V i • _'; � �-�\1T �. �C `-Y• r-"J >'+r"t' ��ii `_Th • ,;i:•;,:',4 ; , .lh 4 ,,,.-: ; • :2;.• ; :: ::-.;:'-‘.:2:1::- : .=, - . - - . .. .--, ; . _•-• ,-.., . -- .--7—.ift, -: 13."-..!? :"Iil• . F-e _ k4 s Y C\., r _ `y.��.•- ♦ t r •.. .:rZ1.. ,- t/ 'e/ 1L J q ..,^ 3 "�1�`e,ti.Lp 1 c° �. tir .. . 51irec /40d0 ,. 4 �k ry ,c , ;r �ll f ,p ;Cr,i y -, r�""IP e ,!`«f ri0; .i lifter;':s� , ... ..... gr,Ay, S� •t z-ia K .t. .? 6 Xw OM �_..�� a li Co .t rt m N' (D . H fL 2 N 1+ £ 0n to 0 O z CO 2 K ttl t+J n r • Y. rt V) g n m OiO p NW � -M 1'y CA rt 'pi • 0 Co N C Ct1 1-' 0. + Q. M m 0 n Pro m - C. a o H m K K K N fD m CO z atria • W M� K y N t� 00 p C•1 K 0 F'• :O rt N w. • tri m r 0 O y Ir M O y by 0 [4! - X n M O O K S ft CO a m m K O S n t C W N td PA P3 Ps 11 • 0 O P M N aS M fD fD n "J'et ft a A O m a COa O a C F+- O O n t3 ,Q CD K O �- a aE: f.. µ W K 7 to N , fD n 0 ORDINANCE NO. 84-G IN THE MATTER OF AMENDING ORDINANCE NO. 84-F AND SETTING THE FEES FOR PERMITS ISSUED BY THE WELD COUNTY ENGINEER, PURSUANT TO WELD -COUNTY ORDINANCE 143. 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 Weld County Ordinance No. 143, Section 38--5-101, C.R.S:,,and the Weld, County Home Rule Charter, may establish -fees-for the -issuance of permits for the installation and construction of lines of telegraph, -telephone, electric light, wire or power orpipelinesalong, across, upon, and under Weld County road rights -of -way. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for the issuance of permits for the installation and construction of lines of telegraph, telephone, electric light, wire or power or pipelines along, across, 'upon, and under Weld County road rights -of -way are hereby set forth in Exhibit "A," a copy of which is attached hereto and incorporated herein by reference. BE of Weld schedule of this in full fees. IT FURTHER ORDAINED by the Board of County Commissioners County, Colorado, that the effective- date of said fee ,-as, set forth in- Exhibit "A," shall be the effective date Ordinance, June 23, 1987, and that such fees shall remain force and effect until the Board ordains to change such BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the: fees as set forth in this Ordinance No. 84-G shall be in addition to and shall not replace or -repeal those tees as set forth in Weld County Ordinance No. 84—F.' r r r r O rn ao to to n K b N ,23 co O w a cw to z !p o Ha X r a Q, » a XI ON to 0 z 0 t1 v o • CV L-4 a A O1-4 0 O( TC j4"-- PAGE 2 RE: ORDINANCE N0. 84-G The above and foregoing Ordinance No. 84-G was, on motion duly 'made and seconded, adopted by the follows q vote on the 15th day of June, A.D., 1987. ATTES weld and 1 BOARD OF COUNTY COMMISSIONERS �� WELD CO COLORADO nd Recorder ar airman Kir Y, TO- m PRO ASjO FORM: e R. �Brantner County Atto ey e neJono Frank maguc FIRST READING: May 18, 1987 PUBLISHED: May 21, 1987, in the Johnstown Breeze rt. : -SECOND READING: June 1, 1987 `~-*PUBLISHED: June 4, 19T , in the Johnstown Breeze FINAL READING: June 15; 1987 .PUBIASHED: June 18,,,1987, 3n the Johnstown Breeze EFFECTIVE; June 23, 1987 �w F+ N .0 O0N 0 1' NI K 7. o Da N b w m v mu) t+J co 4 1-3 Ch rc r xti ti —4 Y. mn » a xrn n O Xi IC) go 0 r 0 ON O A O Ow $ 264.00 475.20' 686.40 1,056.00 1,372.80 IN THE MATTER OF AMENDING 'ORDINANCE - NO ea-F..•AND SETTING ^. THE FEES- .,FOR PERMITS • ISSUED BY- THE WELD • COUNTY NEE PURBUAHrIO-WELD: ORDINANCE .T4a. BE IT O NW THc BOARD'OFUNTY �ggCppoYMMt3 • =n wp.o. COUNTY. d of Cw y� CorariiliOni r Htkl CountWeld filacdon-OMlnance N -d3 tylmmeRule °fono ow Held uri may astabash•fees•fcctha Isar tints and Drnnrir Ya ulr.lne s of Nan mil.. alettont d"errsd teMdtter,.. ^eiacblc Writ plP or eon( or-aanes a'+W aeon. and trader We County rood righted -way. ...'HOW THEREFORE,•"BE IT ORDAINED eythe Boyd pf i'-amtY CCagwthildpltn«s of weld ad ule tef":'t ', t 'fee at eaaerialist Ia�plte z8eas <+d+d ,'telepherw., or toad ;MM 7tr ata ot •:Waal.: ,.,..........._:.,Npf!.-- - �1F ,77 ,016 uP "Slalom* hoe feenky a AFFIDAVIT OF PUBLICATION 'NE IT FURTHERORDATNf by the,Board rof tounty C mmlis d arn-cf Wead:Coio-._ redo, that tIr;MNoWtx of said les sdrduM, es let Jn Exhibit 'A' shall bathe dote of 12887 'end t fes •exit • Testate In tint farp..end: dew: o ath a toOletribe BE n itinnienoftbAt (a)byf the Bean of y ratrrra-tt Weld-,, tweso, that the tear as 'thMo thMrayto Nn. N addmtnrsetptrt000l1and:.sMt,,,a. set�iaeb'n`Held.Cosetbass In as • No. Ba-F .�°!!^9' Ter above rod: fonOthlo Ordinance. 'No.' mat insole �e - adtdad't y t/r;goboyonscvs. the r , BOARD QK M COUY YifEat, :Gordon E. rxr..ClWraur✓ iota ' G'W KtrbK-RtFIew sa w .R v Jsapw1.1nt JOTinebri _ `Fran{- Yamacilich1 . ATTEST WA( Geordie' Cleric - DDseydY'Coonty tie* ' APPAOVED4ii 10 FOTta.b «. APPROVED:AS.TO FOR/2=• houerty Attarrr. . MRBT-REAOING:. May TS,� Tsai- PUBLISHED: � tilt. to el Jostrtorm SEOOND READWti June T.. M.IBUBREI2%)O;r s. law in the Johnstown- Stem. mut triEAoliece .lalti. T6, leer.: �toirn:rz3.'xwt. ...al . hr, a11i i.;iscoo THE JOHNSTOWN BREEZE _ STATE OF COLORADO t ss COUNTY Oh WELD t 1, Clyde Briggs, do solemnly swear that t am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed. in whole or in part, and published in the County of Weld, State of Colorado. andhas a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March Y, Ha% or any amendments thereof, and that said' newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of .. [. consecu- tive insertions; and that the first publication of said nntirc wall in the issue rat said newspaper dated .ka/criA:D. lag., and that the last publication of said notice was in the issue of said newspaper dated A.D. 19 In Witness Whereof I have hernlrntont my hand this -...Z7,-.. day of 7~ut.kit A . 19.5% Publisher Subscribed and sworn to before me, a Notary Public in and for the County oL Weld, State of Colorado this .2-2... day of 7TrwG . A.1). 19$•.2.. My commission expires My Commission mires June' 3 1%i 2 South Parish Avenue Johnstown. CO 80554 Ntitar3 K>3$ic - tetra COLORADO MEMORA(1DUM Gordon E. Lacy, Chairman Tu Weld County Board of Commissioners,. June 12, 1987 Fi„ Walter J. Speckman, Executive Director, Human Resources Updtk s boev: Lease Agreement Between Weld County Migrant Head Start and Lady of Peace Church Enclosed for board approval is a lease agreement between the Weld County Migrant Head Start Program and the Lady of Peace Church_ The church will be providing classroom space to the Migrant Head Start Program during the period June 8, 1987 through September 8, 1987. The Migrant head Start Program will reimburse the church $400.00 per month for rent. In addition, the Migrant Head Start Program will reimburse the church $185.00 per month for storage costs incurred by the church for the period June 15, 1987 through July 31, 1987, If you have any questions, please feel free to telephone me at 353-0540, extension 2360. irk 'tic the 8o - FR Jeai:itE Tacker Rf.: Lease Jtgreement ,• £ne4osed are ttree. `(3) spies of, the agreetbetween=Human Resources`' Nterat#t, bean Start=, Prograp iti+4 Dui -Lady. of�Peach;;ChurC#. This can be filed.unde. Migrant Head Start Agreealer�t.. Please -return Lwo'`(two),craptes once- '. they haY4 been slgr►ed. , - 1-Qu t1aYe: and%+?questions:, please teltepholle , 870473 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 8th day of June, 1987, by and between the Lady of Peace Church, hereinafter referred to as . the "Lessor", and the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, the Lessor owns the building known as Our Lady of Peace Church located at the corner of 3rd Street and 13th Avenue in Greeley, Colorado, and, WHEREAS, the Lessor desires to lease a certain portion (3 classrooms) of said building,, and WHEREAS, the Lessee desires to lease the aforementioned building for use in the Migrant Head Start Program NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties, hereto agree as follows: 1. The Lessee shall have access to the area described above and agreed to by the Lessor, between the hours of 6:00 a.m, and 8:00 p.m., Monday through Friday. 2. Rent for said building. shall be in the amount of $400.00 per month, due the lst of every month. 3. The Lessee agrees to pay the Lessor $185.00 per month storage costs incurred, by the Lessor for the period of June 15, 1987 through July 31, 1987_ 4. The Lessee agrees to provide for the cost of installation and payment of all telephone costs and services. 5. The Lessor shall provide for all trash removal service. 6 Lessee agrees to keep said building in as good repair as it was found when Lessee occupied the building. The Lessee agrees to pay for all damage caused by the Lessee not considered to be ordinary wear and tear. 7. The Lessee shall be responsible for the maintenance of the building. The Lessor shall be responsible for all repairs necessary to the exterior of the building and any repairs to sewers, heating units, appliances, wiring, plumbing facilities, doors, windows, 'door locks, etc., unless caused by negligence on the part of the Lessee. The term of the Agreement shall be from June 8, 1987,, through September 8, 1987, except as otherwise noted .in Item 3." 8704E70 9. The Lessee agrees to maintain liability insurance. 10. .This agreement may be amended or terminated upon thirty (30) days written notice to either party. This agreement will be terminated immediately upon the loss of funding to the Program. IN WITNESS WHEREOF, the ,parties 'hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. LESSEE: LESSOR: WELD COUNTY COMMISSIONERS LADY OF PEACE CHURCH WELD COUNTY DIVISION OF HUMAN RESOURCES ec ve Director ATTEST:'.Weld Count Clerk and Recorder, �C rk 1Zt�✓ 870470 - WELD COUNTY, COLORAD PAYROLL FUND CLAIMS PAGE WARRANT N0. THE AMOUNT OF 417,549.76 --WAS"READ.IN THE BOARD MEETING 6/3/87 THE AMOUNT SHOULD HAVE BEEN 417,548.87 FOR THE PAYROLL HANDWRITES FOR 6/3/87 P.O. & V0. N0. VENDOR AMOUNT State of Colorado County of Weld 3 ) TOTAL This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through and dated JUNE 8th > 198 7 and that payments should be made to the respective vendors in -the amounts set opposite their names with the.total amount $ Dated this 8th day of JUNE Weld Officer Subscribed and sworn to before me this My comnision expires: —Mv State of `Colorado ) ss County of:Wed--1/1 . = ) 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 8th day of JUNE , 198 7 ATTEST: r ounty er a - Recor oep Chai rfie iz� Memtye,�� g eaS ember ty Member STATE OF COLORADO ) ) ,SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON 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 3 OAP ss 3 DATED -THIS ADC ADC -U IV -D OAP AND IRA AB GA MED. TRANS. ADM SERVICES CHILD WELFARE PAC DC LEAP DIRE�� SUBSCRIBED_ANCSFORN TO BEFORE ME THIS 10th DAY OF STATE OF COLORADO ) SS. COUNTY OF WELD ) AMOUNT 464.00 38.00 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: 1n r DATE PRESENTED: STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON 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 1 OAP _ SS _ CLAIMS ADC ADC -U IV -D OAP AND IRA AB GA MED. TRANS. ADM SERVICES - CHILD WELFARE PAC DC LEAP SUBTOTAL SUBTOTAL GRAND TOTAL DATED THIS 15th' DAY OF June ,'1987 DIR SUBSCRIBED AND,iWORN TO BEFORE -ME THIS 15th DAY OF June AMOUNT 96.00 423.00 OAP 423.00 SS 96.00 519.00 ISTRATIr , 19 87 . a .S:�II! -tom �. .94(+X� . NOTARY P LTC MY'COMMISSION\ s5iEAtS: 0y Commission fixistAme8. 4990: • r 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: r, DATE PRESENTED: (o-/6-127 • • • • • • • • • • • • • Z M O m FM T C) 70 MS I ▪ - 1 1.: 1 1 /N r VP p O Q0....;p itd•... . N' ""W. ..'N'NN N : 1`. 'N yi N a • 1 It 1 11 J a N. 1 N It 1 It • .1 a i u a I 11 N I N 1 N 1. a a 1. a N N y N N • 1 111 1 qp It pp.. a t 11 li 43a N� I r N r HS ti en i 1.4 ua N N ya O 1 O N N N u N • 1 mill%) -N .I • N F_ • I 41. NO10ola Doi* -N b.. ca -• tl ►+I.:.." 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CO A V {:' • • • • • • • • • • • • • • • • • • • •_ REpOF- �� onnunicu±ions 6 -/5- Ô7 Clerk to the Board Weld County Road -59 between CR 70 and 72 was opened to traffic on June 9, 1987. The road was closed for a bridge replacement. Weld County Dispatch and Sheriff's office were notified. rJC`Ewa RECv4r 0 qA n p 3 H Z Y > •�i, UNITED STATES NUCLEAR REGULATORY COMMISSION wnsalperTox, a. C zosss re bst7if I tOrgiareNERs June 4,>1987 Docket No. 50-267 Mr. R. O. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado! P. O. Box 840 Denver Colorado 80201-0840 Dear Mr. Williams: ZIUN:i l , GREela... coin. SUBJECT FORT ST. VRAIN - LICENSED OPERATOR REQUALIFICATION PROGRAM (TAC NO. 61470) t We have reviewed your submittals dated April 28 and August 4, 1986, and February 9, 1987 (P-86336, P-86506, and P-87049). Your submittal of February 9, 1987 included the following enclosures: 1. Additional information for the licensed Requalification Program, 2. The revised licensed Operator Requalification Procedure (TP-LR); 3 Additional information for the Special Senior Licensed Operator (Fuel Handler) Requalification Program, and 4. A new training procedure for Special Senior Licensed Operator (Fuel Handler) Program (TP-SSLO). We have completed review of Enclosures 1 and 2 and find, with several clarifications, that the Licensed Operator Requalification Program is acceptable. Our Safety Evaluation is enclosed. The criterion used during this evaluation is contained in-NUREG-0800 Standard Review Plan and includes Appendix A of 10 CFR Part 55 and Items I.A.2.1 and II.B.4 of NUREG-0737. With regard to Enclosures 3 and 4, we will be providing you our evaluation under TAC No. 64747. The target date for completion is July 15, 1987. Enclosure As stated cc w/enclosure: See next page Sincerely, Kenneth L. Heitner, Project Manager Project Directorate - IV Division of Reactor Projects III, IV, V and, Special Projects, Office of Nuclear Reactor Regulation -cad to.- 15-81 Mr. it O. Williams Public Service Company of Colorado cc: Mr. D. W. Warembourg, Manager Nuclear Engineering Division Public -Service -Company of Colorado - P. 0. Box 840 Denver, Colorado 80201 Mr. David Alberstein, 14/159A GA Technologies, Inc: Post Office Box 85608 San Diego, California92138 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Public Service Company of Colorado P. O. Box 840 Denver, Colorado 80201. Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O.Box 840 Platteville, Colorado 80651 Kelley, Stansfield & O'Donnell Public Service Company Building - Room 900 550 15th Street ;Denver, Colorado '80202 Regional Administrator, Region IV? U.S. Nuclear ,Regulatory Commission 611 Ryan`Piaza 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 June 4, 1987 Fort St. Vrain Albert J. Haz1e, Director Radiation Control Division Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Mr. R. O. Williams, Acting Manager Nuclear Production Division Public Service Company of Colorado 16805 Weld County -Road 19-1/2 Platteville, Colorado 80651 Mr. P. F. Tomlinson, Manager Quality Assurance Division- - Public Service Company of Colorado 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. R. F. Walker Public Service Company Of , Colorado Post Office Box 840 Denver, Colorado 80201-0840 Commitment Control, Program Coordinator -Public Service Company of Colorado 2420 W. -26th Ave..Suite 100-D Denver, Colorado `80211 UNITED STATES NUCLEAR REGULATORY COMMISSION June 4, 1987 WASHINGTON, D. C.20555 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO LICENSED OPERATOR REQUALIFICATION PROGRAM PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET040. 50-267 I. Background In letters of April 28, 1986, August 4, 1986, and February 9, 1987, the Public Service Company of Colorado (PSC) provided information and revisions to the Fort St. Vrain Licensed Operator Requalification Program. The submittals were in response to the staff's letters cf April 15, 1986, June 20, 1986, and December 19, 1986. During this period, the training programs for licensed personnel were being prepared for the INPO accreditation process. The staff limited its concerns to the spirit of the Commission -Policy Statement on Training and Qualification of Nuclear Power Plant Personnel FR 11147, USNRC, March 20, 1985. This evaluation is limited to the Licensed Operator Requalification Program which is contained in Enclosures l and 2 of the February 9, 1987 submittal. The staff will provide evaluations to Enclosures 3 and 4 of the February 9, 1987 submittal in separate correspondence. During the review process the staff utilized criteria contained in NUREG-0800, Standard Review Plan, Section 13.2.1 Reactor Operator Training. The references included Appendix A of 10 CFR Part 55, and Items I.A.2.1 and 11.8 .4 of NUREG-0737. This evaluation of -the program was completed prior to the revised 10 CFR Part 55 was published On March - 25, 1987.' -Therefore, PSC shouid consider this evaluation on the -program - ubmitted to date. II. Response to Additional Information for the Licensed-Requalification; Program The staff has reviewed Enclosure 1 of the February 9, 19£7, submittal and finds, with the following 'interpretation as discussed with 'the Ft St Yrain training staff on March 31, 1967, and April 1,: 1287, that the responses are acceptable. 4.2.1 Mitigating Core Damage Procedure Development Mitigating core damage (MCD) training and procedures were developed from analysis contained in the FSAR and supplementary evaluations. The MCD-training has been further refined by use of INFC's TSD principles which have identified knowledge and skills -not only for - licensed personnel but other members of the Fort. St. Yrain staff. The staff finds the response acceptable and requests that if any future-FCD analysis r.odifies current.analysis, any -additional or modified tasks need to be evaluated and training implemented through usP Of the TSD-process.. - 4,2.2 and 3 Laboratory/Task Training - Control Manipulations In discussions with the training staff on March 31, 1487, and April 1, 19E7, we determined that review of immediate actions to emergency procedures is currently on a yearly cycle. In addition, Enclosure l response for this concern indicates that indepth training for Technical Specifications, Abnormal and Emergency Procedures will be increased over ,the 2 -year period. The staff finds the response -acceptable and recommends that future evaluations of Task Training continues to be evaluated on the difficulty, importance, frequency of performance and feedback from individual and team performance (Ref."3.2,'Skills Training,-INPO Guideline 86-025). 4.2.2 Laboratory/Task Training - Evaluation The staff has reviewed the evaluation and retraining process and finds them acceptable. The staff recommends that provisions of the OJT evaluation be included in Section 4.3.3, Failure Criteria, when evaluations clearly indicate the need for additional training. (Ref. 4e -of Appendix A, 10 CFR Part -55; Section. 4, "Performance Evaluation" and Section".5, "Retraining Programs," INPO Guidelines 86-025)-- 4.2.1.2 Performance on Unit Examinations Our concerns were directed toward evaluation of individual and group responses by training staff and providing remedial training by review of the examination, with the students, after the grading process was completed..In addition, that examination questions should be further screened to assure that questions are related to the objectives and poor or inappropriate questions are revised as necessary. During discussions with the training staff on March 31, 1987, and April 1 1987, we determined that the examination evaluation process contained in`Training Managers Procedure does include .the ,above process and provisions. Therefore, the response to this -concern is acceptable. III, Licensed Operator Requalification Program Enclosure 2 of PSC letter of February 9, 1987, contains Training Procedure (TP-LR) - Licensed Operator Requalification. In addition tc describing the purpose, applicability and general requirements, which includes waiver provisions, and instructor qualifications, the program describes the requalification course and also includes references, attachments (including records), and commitments. The requalification course, which was modified in part, -as discussed in Enclosure 1 of the February. 9, 1987, submittal contains the following: A. Length of Course E. Course Content C. Laboratory/Task Training - control Manipulations O. Evaluations E Requalification Review Panel F. Accredited Requalification A. LengthofCourse The length of the requalification course is two years, and is normally conducted between June 1 through May 31 of the following year with provisions for vacation periods during the summer months. The program includes the minimum number of hours of classroom/laboratory portion with provisions for final review of changes to facility, procedures and license, as well as review of LERs-and significant operating history. . During vacation periods, provisions for -on -shift review of changes and_ LERs are included as part of the shift turnover procedure. B. Course Content The classroom segment of the program includes those subjects contained in Section 2 of Appendix A of 10 CFR Part 55. In addition, subjects include: thermodynamics, heat transfer and fluid flow; Mitigating Core Damage; Mitigation of Accidents and Topics identified by Training Needs Survey. C. Laboratory/Task Training Control Manipulations During the 2 -year period licensed individuals will be evaluated on the performance ofmanipulations by actual performance or simulated by walkthrougb with a member of the Training Staff or qualified individuals. The tasks were derived from Fort. St. vrain normal, abnormal, and emergency procedures which were developed, in part, in response to Enclosure 4 of Item I.A.2.1 of NURE6-0737. During discussions on, March 31, 1987, and April 1, 1987, we were also advisee' that loss of electrical power and Anticipated Transient Without Scram (ATLAS) are also included in these exercises. Evaluations' Successful completion of the program is based on the following criteria: ° Review of Required Reading - The return of -reading materiel is recorded by a -form contained in the program. Performance on Unit Examinations - This includes grade criteria and the number of failures before consultation with supervision and failure of this criteria. Provisions for make-up of unit examinations are included: -6- June 4, 1987 o Attendance is required for at least 80% of the lecture series. If this criteria is not achieved, the Requalification Review Panel must determine if the individual is eligible to take the annual oral and written examination. Criteria for the annual written examination and oral examination is also included in the program. o failure Criteria - Provisions for removing personnel from licensed duties are included based en the above criteria. In addition, the Requalification Review Panel determines if individuals may retake the examination one or more times. o Program Evaluations - This includes program evaluation by a sample group of trainees at the completion of each rotation cycle and a Training Needs Survey after completion of the requalification year. . E. Requalification Review Panel The management positions and duties are described which include review of individual performance in the requalification program as well as on-the-job performance. ,The Panel 'is'also required to perform an annual review of the requalification program -to determine any program deficiencies. F. Accelerated Requalification Program This portion of the program describes the method to retrain licensed personnel who have demonstrated unsatisfactory performance:and includes the method of developinw additional training to the needs of the individual. _7 June 4, 1987 IV. Evaluation of the Licensed Operator Requalification Program We have reviewed the program and find it meets the requirements of Apperdix A of 10 CFR Pert, 55 and ,the additional commitments contained in Item I.4.2.1 and I1.6.4, for licensed personnel, of NUREG-0737. In addition to the staff's -comments contained in Enclosure 1, the staff provides the following recommendations and comments: When the revised 10'CFR Part 55 becomes effective, the reoualification program should be modified as necessary. Please refer to Generic Letter £7-07 of March 1S, 1987. PSC should also review INP0 Guideline 86-025, "Guidelines for Continuing Training of licensed Personnel," for additional information for programs designed using a systematic approach to performance -based training. With regard to on -shift review -of changes during vacation periods in 4.1.6, we request you change the -word may to will. Principle Contributor: J. Suzy Date: June 4, 1987 SSINS No.: 6835 IN 87-24 UNITED STATES mUCLEAR.REGULATORY COMMISSION OFFICE OFNUCLEARREACTOR REGULATION WASHINGTON, D.C. ::20555 June a, 1987 lift! COOP( 6YNltallinRS NRC INFORMATION NOTICE N0. 87-24: OPERATIONAL EXPERIENCE INVOLVING CM can' OF ELECTRICAL INVERTERS Addressees: All nuclear power reactor facilities holding an operating license or a con struction permit. Purpose: This notice is provided to alert recipients of potential problems involving electrical inverter losses that have led to unplanned plant transients and/or inoperability or improper functioning of safety -related and other important plant equipment. It is expected that recipients will review this information for applicability to their facilities and consider actions, as appropriate, to preclude simitarproblems.from occurring at _their facilities. ;Nowever,;sugges— tions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response -is required._ Past Related Correspondence: IE Information Notice 84-80, "Plant Transients Induced By Failure of Non -Nuclear Instrumentation Power," November 8, 1984 IE 8ulletin 79-27, "Loss of Non -Class lE Instrumentation and Control Power System BUS. During Operation/ November 30, 1979 IE Information; Notice 79-29, "Loss of.Nonsafety-Related Reactor Coolant System Instrumentation,During Operation," November 16, 1979 IE Circular 79-02, "Failure of 120 VoltVitalAC Power Supplies,," January 11, 1979 Background: Inverters in nuclear power plants _provide "uninterruptible" vital ac electrical power to safety --and non -safety -related instrumentation -and control systems. General.ly, loss of this function results in some type of undesirable system condition and/or plant--transient,including unnecessary actuationofsafety systems such -as -reactor -protection and engineered safeguards systems; loss of - indicators that provide plant status information; system disturbances, 8705290040 OlTet lo -t- tS l IN 87-2a .Tune 4, 1987 Page 2. of 3 including reactor coolant system transients; improper response of the feedwater and steam generator water level control systems; loss of safety -related elec- trical equipment functions; damage to mechanical equipment; and challenges to operators and the remaining functional equipment. Such conditions and/or transients clearly have significant safety implications since they result in challenges to safety equipment and plant operations and/or a degradation of plant equipment. The NRC case study report, AEOD/C605 dated December 1986, 'Operational Experi- ence Involving Losses of Electrical Inverters," includes the review of 94 licensee event reports (LERs), totaling 107 events involving inverter losses that occurred during 1982. through 1984. The study includes 35 additional events from the Nuclear Plant Reliability bate System (NPRDS) that occurred in the same timeframe. These 142 events occurred at 51 distinct plants: 26. designed by Westinghouse, 11 by General Electric, 9 by Combustion Engineering, 4 by Babcock & Wilcox, and 1 by General Atomic. The total number of events included in the study for each of the 3 years along with the number of -reactor units which were operating during each -of those years'is summarized below.' Parameter 1982 — 1983 1984, Operating Reactor Units 72 74 82 Inverter"toss Events 34- 51 57 J..osses/Operating Reactor - 4.7. -__fig _70 As indicated above, the NRC has fss0ed information on inverter losses since 1979; and industry groups have issued approximately 14 reports related to this issue. Description of Circumstances: The NRC case study report identified three potential failure mechanisms for inverters. One of these involves relatively high ambient temperature and/or humidity within inverter enclosures. This condition appears to result in accelerated aging of components that form a part of the inverter circuitry causing a significant reduction in component life expectancy and inverter loss. Another mechanism for inverter failure involves the electrical interconnecting and physical arrangements for the inverter circuitry components. In some installations, these arrangements are such that when certain components fail, other components also may fail or degrade. The third failure mechanism involves voltage spikes and perturbations. Many of the electrical loads in a plant -have inductive characteristics. During plant operations that involve' energizing and deenergizing=these loads, -voltage spikes and perturbations are generated: The solid-state devices in the inverter cir- cuitry are sensitive-to'these voltage spikes, -and this'has°resulted in component failure, blown fuses; -and inverter losses. Additionally, secondary voltage per- turbations'caused'by'lfghtning strikes'or switching surges can have an'adverse effect on inverter operation. IN 87-24 dune -4, 1987 Page 3 of 3 Discussion: The NRC case study report indicates that the failure mechanisms involving service_condition parameters (e.g., ambient temperature and/or humidity and voltage spikes and perturbations) have common -cause implications. However, none of the events reviewed and evaluated in the report involved the simulta- neous loss of redundant inverter -powered buses. The dominant cause of inverter losses was attributed to component failures. Such components include diodes, fuses, silicon controlled rectifiers, capacitors, transistors, resistors, printed circuit boards, transformers and inductors. It also appears that major contributing factors for the occurrence of component failure events are high ambient temperature and/or humidity within inverter enclosures and electrical disturbances at the inverter. input/output terminals. In addition, incorrectly operating circuit breakers; improperly setting up test equipment; removing the wrong inverter unit from service, and improperly transferring power sources for a bus are some personnel actions that make them the second largest contributor to inverter losses. It is suggested that licensees consider monitoring of temperature and/or humidity internal to inverter enclosures and evaluating input and output voltages of the inverter unit during steady-state and transient conditions to assure that manu- facturer's recommendations are.beinngg considered. Additionally, to minimize the number of inverter loss events resulting from personnel_actions, might consider reviewing related maintenance and testing procedures and practices for inverters. Further, specialized training and practice sessions with involved plant personnel and verification of appropriate sequence of steps to achieve desired related maintenance and testing activities also may be considered. No specific action or written response is required by this information -notice.'.. If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office. harles > .-Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contact: Vincent D. Thomas, NRR (301)492-4414: Attachment: List, of Recently Issued NRC Information Notices Attach ant 1 IN R7 -J4 June 4,-19R7 LIST OF RECENTLY ISSUED INFORMATION NOTICES 19R7 Teforwatton Notice No. Sub,lect P7_23 85-81 Sup, 1 Tate of Issuance Loss of Decay Neat Removal 5/27/87 During Low Reactor Coolant Level. Operation Operator Licensing Reseli- .flutton: Exaslmations.at. Nonpewer Reactors Shutdown Order Issued Recause 5/11/87 Licensed Operators Asleep , while on Duty 5/22/87 1 Leak in Auxiliary 4/20/87 Degradation: af-eeector Coolant System Pressure. Boundary Restating from %Tic Acid :Corrosion; - Deficiencies 'in Upgrade Pm:grass for Plant EmergencyOperetln . 4/20/R7 Mtsadslnfstratlons to - 4/15/87 Patients Undergoing Thyrold .Scans 87-19 Perforation and Cracking of 4/9/87 Rod Cluster" control Assemblies 87-18 Issued to All WR facilities holding an OL or CP. All research and nonpower reactor feNTtt/es. All nuclear power facilities holding an M. or CP and all licensed OperatOrs, All nuclear power facilities holding!. an 01. or. CP All PYR facilities holding an OL. or CP. - Ail- natiter'.power. facilities holding a CP or. OL. • All licensees. • authorized to use byproduct material A11. NestinghOuse power PwR-fec111ties holding art 01 or CP' ' Dnauthorlsed String on 4/8/87 All NRC licensees Telotfienpy Units by -Non- . . authorized to ate • 1ti mrwd. M.MRwwnarPorsonntl.._.` _ •'..:;.-1n teietherpy-unite '. - OL . Operating; License ":Q • COesiruction Panes UNITED STATES NUCLEAR REGULATORY COMMISSION - WASHINGTON._ D. C:, 30555 0FFIGAL-BUSINESS PENALTY FOR PRIVATE USE, 8300 :. 28063200,6315 1 1CO1CY1F811S1 COUNTY OF HELD B4 OF COUNTY COMMISSIONERS. CHAIRMAN PO BOX 758' GREELEY CO 80632 mwr awes mall ►osTAlig wale.4AID Pflth rile.:040 DEPARTMENT OF NIONWA 4201 East Arkansas Ave :Denver, ,Coioraoo 80222.: .,;'.(303) 757.-8o7 t, ..- _ FOR MORE-INFORINTION: ;757 9361: we. *I R TE OF COLORADO 1187=21 Highway News May 28, 1987 JOINT BUDGET CONOTTEE ADVANCES `MORE EMPLOYEES* MYTH `Highway Department adds :255 positions."The statement wakes: good' politicalgrist, but is hardly true. :+Recently the Joint Budget Committee' advanced the mythby failing to accurately compare two fiscal .year :budgets: -To `add." 255:: topioyees to -the ---Colorado -Department of highways- you= simply ignore -TaporarY- - _ eapioyees who worked on; roads and bridges during Fiscal Year 1986/87 and - voila: consider throe in 1987/88 proposed budget. Editors, beware,as the Department's number of employees is discussed in the future. Teeporary.employees-. are., hi red' every year to .help the, seasonal load ;of .work. in winter, they are,hired to,plaw .snot During .the. coostruction...season,.many of the positions are Engineering Aides biretta. help ;in field tonstruction,offices: Part of the confusion resulted When 'the budget format was converted at the_request'Of the Joint` Budget Committee The number of 7eaoporaries-in the previous fiscal year was not'cmparad to the nuober_ S.8�.36; which. increased the state's gasoline tax by,six•cents per gallon last July, limited Department of,Highways'ePPloyees•to 3,315: ;`As -of April 301the;Department had 3,138.1 positions actually filled: The.numbers areas follows: Paermanent authorizeit ployees . 3,053.5 on. board as of :April 30 '2:940 Temporaries authorized 262.5 On board as of ,April 30' 198.1 FR 009-2(1) S.H:`9 NORM OF SILVERTHOI E The Department's Division of Highways accepted five bids at the May 28 opening for a. project: to widen::S_H: 9 :north .of <Silverttwrne. Flatiron Paving, Company of Greeley .turned in an apparently successful bid of $658,258 for the project which requires oompletion within- fifty -working days_. Beginning about 'half 'a mite north of the town arid extending about, 1.8 miles north; the projectincludes grading; , aggregate base ceurse,::hot:bituminous pavement, drainage, striping,. topsoil, seeding; mulching iies Goff, Frisco,. i3 resident engineer. Q(,03 -0060-1E Sett_ 60 TM WELD COUNTY . R.E.C.I. Colorado, Inc. of Lakewood submitted an apparently successful bid of $414,979 at the Division of Highways May 28 Apenigg for a -Set -Aside project to resurface about seven miles of S_H:-60 ' east of Johnstown, Only certified, prequalified minority business firms were allowed to bid on the work, which includes aggregate base course and hot bituminous "pavement overlay. m Highway News. May 26, 1987 Page2. The project, requiring caapletion within 25 workable days after its Notice to Proceed, begins in the community and extends east for about five miles then south for two. It endsat the S.H. 256 - Five minority firms turned in sealed'bids. Resident engineer is L.G_. MR 5037(1) Duncan of Greeley; MASON ST. DI FORT COLLINS Resident engineer Lewis Garton of Loveland will coordinate reconstruction of Mason St. in Fort Collins: if contract award follows bidding seen Nay 28 at the Division of Highways main administration building. A project which, extends, about :six .,tenths :of a mile between mountain Ave.. and Laurel St. includes grading, plant mix bituminous base, hot bituminous paving, curb and gutter, and reconditioning:: Four firms turned in sealed bids for the project, whichis scheduled to be ccepleted within 45 working days. Coulson Excavating Company of_LoveTand:5utmitted.an apparently successful bid of $236;575_ BIDS TO BE OPENED REAINERTISED: : Jt jZ 11:00 a_ar.: < Major widening of 84th Ave_ and intersection improvement east of North,Valley Shopping Center .in ,Ihornton,,• whichincludes: grading,' drainage, .hotbituminous pavement, topsoilseeding,, mulching, curb and gutter, sidewalk:. signing; striping"; and"'signalization,. beginning about .'a tenth of a mile; west of Washington "'Street and extending about half a mile east to Essex Drive '• in. Adams county, M 1722(1). sys 2$c ii�Q a i.s ` Modifying the Interstate 70, Kipling Street interchange -In iheat Ridge, which includes grading, aggregate. base, course; hot bituminous.and Concrete pant, plant aix seal coat, curb -and ,'gutter,sidewalk, guardrail, drainage,. -topsoil seeding, .mulching; sighing, striping, .sigoatization; :`and- impact attenuator, in Jefferson county, IR -70-3(158)_ CERTIFIED . PREQUALIFIED NINDRITY;BIDDERS ONLY. READYERTISEt: O.OQ &e S.H. 139 minor widening and overlay north of Spink Canyon in. Garfield county:, which includes"gradingaggregate base course,: drainage, hot: bituminous pavement overlay,` guardrail, seeding, and mulching, beginning at milepost 21.5 about twenty miles north' of Lana and extending 2.3 miles north, ELK 0139(14). - fat� 78 —10:75- a.�e.•, -Replacing a*,Rio Grande -River -bridge- at -the ConejoslCostilla county line, including new roadway construction, grading, aggregate base course, seeding, and mulching, located on County 'Road '3 about 31 mileswest of S.H. 159, BROf00313(1). ilEADMERFISE8:'-. �iNlS ., 10:30 -)a s "a.'widening . and resurfacing of. North ..26th' St. in Boulder:. -This includes bot,.bituninous pavement and: topsoil, beginning at -Lloyd Circle .and extending about -;a side north to Jay:Road. MR 4043(1) r 'i IN 12,-.10:41, aam..:: guardrail at two locations on Rabbit Ears Pass, located on LLSS. 40 about fourteen miles southeast of. Steamboat Springs in Routt and Jackson counties. HES 0003(28)., HES 0003(28): CERTIFIED,.PREQUALIFIED MINORITY BIDDERS ONLY. y .tit 1 11:00 ida:. widening a S.H. 119 bridge over Middle Boulder: Creek in Nederland, which includes;'=.grading;'. hot .'bituminous pavement, and guardrail, in Boulder :county, ?MP 07-0119-28:'. CERTIFIED. =PREQUALIFIED; MINORITY.BIODERS ONLY. OF COLORADO DaeaRTIAttir OE-MIGHWAYe 4201 East Manse Ave - Denver` CefonA0 80272 ". ...(303)757 -9011 - UN 11 FOR MORE INFORMATION: • ,757-93 WU 3133(4) EELEv: CoL.o: -1R7-22 Highway ,News'; June 4. 1987 ELIZABETH ST AT'47th ST. 'IN`PUEBLO The Department's Division of Highways accepted three bids at the -June ._4 opening for a Set -Aside _project to realign and improve,:: the Elizabeth St-, Eagleidge Blvd." (47th St:.) intersection in Pueblo Bidding was available` only to certified, prequalified''minor.ity business, enterprises. Work' elements include grading, hot bituminous and concrete paving, drainage signing, striping, lighting. topsoil, seeding, mulching, ccurb and gutter, sidewalk and bikeway. The project.: scheduled for 'completion, within 70 workable days "following '-the 'Notice to ,;:Proceed extends about °a quarter mile north' and a- quarter mile „south of- the junction, "• Byerly7-S,CosyleonInc-, of Pueblo•..submitted:an apparently succesaful2:bite,ofc$596;546: Resident engineer Dale Snbw.of Pueblo will coordinate the project: o:000 CX OS -0006-31 VARIOUS` STREETS,ROADS CX-OS-07013-04 ,AND :BRIDGES IN MESA COUNTY'. United Companies- of Mesa County, Inc., a. Grand Junction firm,- submitted an ,apparently. successful bid .of. $678,974 at the Division :of -Highways, June ,4 ;opening, for a_ -.Combined ,project which will resurface' a variety of roads, streets and bridges 'in 'and near Grand Junction. Four firms turned in offers for construction which requires completion within 25 working days. J.ws-'.Jackson, resident" -.engineer in. :Grand Junction,. will coordi'na'te -.the work.. One ;project element provides'. plant mix seal coat :=tor' North Avenue • (U.S. .6) .for, foul miles between :svcirsi.:.:0°13t jnncEiozisr]CrioLheT`•s�ork element•resurfaces• eight. •brgeson Interstate 70 nortYt'. of the city limits_ Anoth bituminous ,pavement."and plant mix seal coat- en I-7`0B-fron-the 'U'iS- ; 6 juric on,_ext ailing -2 112 wiles east toward' the intersections of Pitkin- and. Ute Avenue r 0000 (over) drib )5-e) =t Highway -News` June 4,, 1987 Haig 0003(23) Page `2, U.S'. 6 EAST for cLIFTON Widening and ,,safety ,improvements for U.S. ,6 near Clifton drew ihree .bidders to the Division of Highways • 7une"4:.opening. ',. A project which begins at about 33:5 Road in Clifton and extends 1.1 miles east has <a net length of seven= tenths of a mile. Included are grading, aggregate base course, hot bituminous pavement, drainage, lighting, cand 'curb and ,gutter. Asphalt Paving Company of Golden turned in an apparently successful' bid" of #332.278 far ef the 'prolect; which'. calls for completion within '"forty Workable .days - "after its Notice to 'Proceed. 3.Tit:,'Jac'ksori...4" iud,_Junction. is resident engineer! , 0000 RIDS TO BE OPENED'.. PSADYERTISED June Us. 11:15 a, Minorwidening and resurfacing of S:H, 14 east of Port Collins, which :includes grading!,' hot bituminous "pa'vement, drainage, fencing, topsail, seeding, and mulching, beginning about 1.3 miles east of 1-25 and extending about 3:.1 miles east, in Latimer and Weld counties. FR 014-2(15). CERTIFIED, PREQUALIFIED =MINORITY'BIDDERS ONLY., NEW: , Julie At_ 11:30 its Minor widening of East 6th Ave. in Aurora' east- of Lowry Air Porce Base; which includes hot bituminouspavement,:: drainage, signing, topsoil and curb and gutter, located ''on';.S.H. 30 beginning at Havana Street- and extending about eight tenths of a mile to West Del Mar. Circle, MP -CC 10-0030-12. CERTIFIED, PREQUALIFIED MINORITY BIDDERS ONLY. 'J]bge ' . 9:45 a.m.. Resurfacing U.S. 287 near ,:Fads., "cet}sist�n4 of:rplant six seat coat,- hoC bituminous_ pavement, .. - heating :and "scari'fyiag -see`�-3ng= `anQ' mu'1cttYYYq.-begiuuFuy .3.5 .-'nk£l�es. east -of ,Bads and extending"; about 7:2 miles west and north in Kiowa County,..:MP 45=0287=04 < 10:0Q a.m.. ' Interstate,; 70'. bridge rehabilitation: east + of Strasburg, which ,includes bridge deck replacement,;' grading hot ?bituminous -pavement_, resatguardrail, striping, . seeding- and mulching, beginning about a .mile and :d half east-: of ,,the` town". and extending _about 1.7 wiles east • Lek -milepost 313.3 in .Arapahoe "county,, . IR 70c -4.(114i.- CERTIFIED. PREQUALIFIED MINORITY, BIDDERS ONLY. _ . 10:15 ='a_m. Resurfacing. Ups: :,50 southeast of Fool's Hill in, Delta county, which includes•; aggregate bass,-°`aovrsm: and hot bituminous pavement overlay,, beginning at connty--Iteadilt450 and extending?mbout':ten _miles southeast toward Dllta. "CE le -A050-04. CERTIFIED, PREQUALIFIED MINORITY' BIDDERS (more) Arvada., which' `coat, signing, four tenths of miles north is Highway News June 4, 1987 Page 3. 10: 3o a.m.. Resurfacing S.H. 7 south of Estes ;.Park, which includes _.aggregate base ,course and hot' bituminous overlay, beginning about 1.4miles south of U.S. 36 and extending about 4.6 miles south, in Larimer_county, MP 06--0007--03. 10:45 a.m.. Resurfacing uvarious locations" in Grand Junction,: consisting of hot bituminous pavement overlay and striping, in:Mesa'county, 'MR 7400(15),. 11;00 a.m.. Resurfacing Wadsworth Blvd. in includes hot bituminous pavement, plant mixed seal and striping, located on S.H. 121, beginning about a mile north of 52nd Avenue and extending about 2.2 Jefferson county. MP 11-0121-62. 11:15 a.t., Nighttime resurfacing East Colfax Avenue'in.Denver, which includes hot' bituminous pavement overlay, plant'mimed seal coat and striping, located on U.S. 40, beginning at Colorado Boulevard and extending about two miles west to Claxksow Street, MP G1-,0040-09. guly 2. 9;30 -'�s_ Nighttime resurfacing of Denver's Valley -Highway, which includes planing, plant mixed seal coat."'and striping,' located .on Interstate 25, beginning, at 23 -rd Avenue :and extending .about 3.87 `miles north, also 'beginning about 0:27 mile, south of ,58th Avenue and extending,' 1.78 .miles north,,; in Adams and Denver' counties; Ca 99=0025-02'and-MP 12--0025-19 project Road/' Stragt' GONNA= Description BYI 70-3(170) I-70,` Wadsworth Bridge Blvd. in Wheatridga: BYO ,0043(3) HES 0002(10)` Hinsdale County Road 5. " Harksheffel.Rd. east, of Colorado Springs. rehabilitation. Bridga:replace- ment. Realignment project. Awarded to Jalisco Inter- national, Inc. ;816,433" Award Goal's DBE 6.5% WBE 1% Committed DBE -1,04% WEE 8.2 G.A. Western Coast. Company =164;545 Award Goals DBE 6>5% WBB 3.2% Committed DBE 7'4% WBE 3.2% Schmidt Const. Co. ;153,820 Award:Goals DBE 6% HBE'0% Committed DBE 8.77% WBE 0% Bid Contract Qyeninc Awarded 5/7/87 5/28/87 9L 5/21 87 5/29/87- 5/21/87 '6/1/87 STATE OF COLORADO COLORADO DEPARTMENT Of HEALTH' 4210 East:lith Avenue Denver, Cobrado 80220 Phone (303) 320-8333' VIVO cotta ynKTION aIorado'Department of Health - 4210 E. llth Avenue, Room 412 Denver. Colorado _ COLORADO BOARD OF HEALTH AGENDA. Jute 17, 1987 9:00 a.m.: Roll Call Approval of Minutes April 15, 1987 Public Comment 9:15 a.m.: Report of the Executive Director: Roy Romer Governor Thomas M Vernal, M.D. Executive Director TIME MCI a.m. A briefing on the organization of local public health services in Colorado -Roger Donahue and representatives of local health agencies 10:00 a.m.: Denver Healthcare; Ltd. - appeal of Health Facilities Review Council decision denying petition for a one-year extension to Certificate of Need to develop an Alzheimer's disease nursing facility in Aurora 10:15 a.m.: Request to reschedule May 20 public hearing on proposed modifications to the Domestic Sewage Sludge Regulations (Sections 2.A.1, 2.A.4, 2.C, 2.D and 15.8.5), which was cancelled because a quorum was not present 10:30 a.m.: Request for emergency adoption of proposed amendments to Rules Pertaining to Emergency Medical Services 10:50 a.m.: Board recommendation to Governor for appointment of representative to theColoradoPlant Operators Certification Board 11:00 a.m.: Appointments to Child Health Council 11:10 .sat.: PUBLIC HEARING: Proposed amendments to the Standards and Regulations for Alcohol and Drug Abuse Counselors 12:15 p.m.: Lunch 1:00 p.m.: PUBLIC HEARING: Proposed regulations for Incident Reporting; Part 3, ChapterIIof the Colorado;Depattment of Health Standards for Hospitals and Health Facilities- NOTE: Times stated are approximate dimr dlS-H'i -p,a r to -IS- 87 TM CORY t9ilitallillOtS MINUTES WELD COUNTY`.000NCIL MAY -6, 1987 Tape 87/6 55N 5 JUN 519s� ha!, f The Weld County Council 'met in'regular session in full conformity with the Weld County Home Rule Charter at 915 Tenth Street, Greeley, Colorado on -Wednesday, May 5, 1987 at 7:35 p.m. , ROLL CALL The following members were present in person: President, Sid Morehouse; Vice President, Nels Nelson; Norman Carlson, Marion Richter and Doris Williams. HAlso present for all or part of the meeting were former County Council member BillRupp; five UNC students, two reporters, the new County Council secretary, Vicky Sprague; -and'the out -going secretary, Marilyn Gillette. MINUTES Doris Williams motioned to approve the minutes of April 1, 1987. seconded the motion, which passed unanimously. ADDITIONS AND/OR DELETIONS Four items of correspondence were added to the -agenda. Sid Morehouse:attended the meeting=of Victims Assistance in Law Enforcement (VALE) and would report on it later in the Council meeting. It was also noted that Doris Williams`attended`the Road and Bridge Advisory meeting, which changed her mileage reimbursement to $66,00. Nei Nelson APPOINTMENTS Nels Nelson volunteered to attend both the Elected Officials Meeting on May 11, and the Board Meeting on May 13. CORRESPONDENCE The President made the correspondence file -available to all -Council-members for their review. A memo from'Donald-Warden regarding the 1988 Budget Orientation was noted, and Marion Richter said he would attend the Budget meeting. REPORTS Norman Carlson, who attended the Road and Bridge Meeting, stated Weld County has almost as many miles of road as the whole state of Wyoming. Mr. Carlson offered for Council's review, the 1987 Construction Projects, and said the bids were coming in quite reasonable. Doris Williams reported on a day -long trip of the Weld County Roads including "Recycled_Roads" (Roads which were paved, but turned back into gravel) and examples of new ways=to-do patch jobs. Ms. Williams stated she is getting positive feedback regarding the roads, and people seem to be more satisfied with the way roads are being handled. Sid Morehouse attended the Elected Officials meeting and offered this brief synopsis of the meeting: Mike Loustalet had mentioned that there is a bill on the house floor whereby a bond is guaranteed for payment of taxes on future drilling by oil companies, but it doesn't backdate. Stan Peek commented that the Long Bill, -as it now stands, cuts almost all youth diversion funds. If this passes, it will double court filings for juvenile proceedings. Ed Jordan reported the :jail -had 172.inmates., This number includes some state inmates, which the state currently does not pay/for. However, there is a joint action with-Larimer, Boulder and Weld Counties to force the state to pay for such prisoners. Sid Morehouse also reported on the Victim's Assistance and Law Enforcement Board (VALE). This board provides monies to agencies which assist victims, it does not actually assist the victims. They derive their funds from fines on criminal cases. A representative from United Way was at the meeting and he said there is too much duplication of services with them and VALE. Mr. Morehouse requested a list from United -Way of which agencies received money from them and how. much money was received. This subject will be pursued further by the Council. MINUTES, WEO-COUNTY`COUNCIL PAGE 2 MAY 6, 1987 UNFINISHED BUSINESS A motion was made by Nels Nelson to accept the Resolution pertaining to the Position Statement, as previously reviewed. This motion died due to lack of second. Doris Williams made a motion to adopt the Resolution as read, but to add the "Rules and Regulations and Procedures Pertaining to -Review and Reports,Pursuant to Weld County, Charter Provisions 13-4(2), 13-8(2), (6), (7)." This motion was seconded by Nels Nelson. The motion then passed by a 3 to 2 margin, with Norman Carlson and Marion Richter voting against it. NEW BUSINESS A Resolution was read by Doris Williams regarding the resignation of Marilyn Gillette as Secretary to the County Council. This motion made by Ms. Williams, was seconded by Nels Nelson and passed unanimously. Following this Resolution and acceptance of the resignation, a motion was made by Norman Carlson and seconded by Nels Nelson to accept the employment of Vicky Sprague as the -new (and returning) County Council Secretary., This motion also passed unanimously. The next Council meeting is scheduled for Wednesday, June 3, 1987 in Greeley. Noting .a,change in the mileage for Doris Williams from .$44.00 Marion Richter motioned for the April bills to be paid_ Doris Williams seconded this motion, which passed unanimously. PUBLIC COMMENTS Former County Councilman, Bill Rupp, suggested utilization of a transmittal sheet or coverletter, for each item sent, to the Commissioners. The Commissioners would then initial the sheet or letter. The two secretaries explained this was currently being done with the Clerk to the Board, but has occurred only since 1985. Mr. Rupp also mentioned there seemsto-be a problem allowing small newspapers to publish public notices_ =There should be.a circulation for public notices. This problem should be recognized,:but'at this point we have no solutions. ADJOURNMENT - There being no further business, the meeting was adjourned at 8:35 p.m. on May 6, 1987.• b a, sf7 t PPreved Morehouse, President -mss--. �r�Ir MilfITIOMMIIIIXERS @R€€641e. COLD_ RESOLUTION Re: Marilyn Gillette, County Council Secretary WHEREAS, Marilyn Gillette has served as secretary to the County Council since February 10, 1986; and WHEREAS, Marilyn Gillette exemplifies the dedication and professional standards required in attending to the affairs of the County Council; and WHEREAS, Marilyn Gillette is to be commended for her ability to pro- mote better relationships between the County Council and other departments of County Government; and WHEREAS, Marilyn Gillette has tendered her resignation as County Council Secretary to attend to the needs of her family. NOW, THEREFORE BE IT HEREBY RESOLVED, that in behalf of the citizens of Weld County and past members of Council, the present members of the Weld County Council do hereby express their thanks and gratitude and extend their wishes for her bright future, health and happiness. The above and foregoing,Resolution was, on Motion duly made and seconded, adopted by unanimous vote on,the 6th day of May, 1987. WELD COUNTY COUNCIL Date Signed: June 3, 1987 Resolution Number: 66 Sid Morehouse, President Nels Nelson, Vice President Norman ;Carlson Marion Richter . (Yea) (Yea) 6.421-4.4-.— (Yea) (Yea) ris'J r « Yea W tliams �" � (Yea) '3d Mrq b-iS ti Ylft: 6YWtT( ilf� CZ.7-1 �;r WELD COUNTY COUNCIL P. D. BOX 758 GREELEY, CO 80632 356-4000, Ext: 4780 June 5, 1987 NEWS RELEASE The Weld County Council met -in regular session on Wednesday, June 3, 1987, with all members present. The Council voted 4-1 (Norm Carlson dissenting) on two issues regarding performance audits. First, the Council voted to devise an alphabetical listing of county departments to be used in determining which departments are due to be audited. This list would be followed unless, due to an immediate concern, the Council had reason to audit a department sooner. Secondly, the Council decided to request an opinion from County Attorney Tom David -concerning the Weld County Health Department. The Council wants to know how the recent restructuring of the North Colorado Medical Center/Weld County Health Department affects the Council's ability to audit the health department. A draft of the 1988 departmental budget for the County Council was also approved at this meeting. The proposed -budget will be submitted to the -Finance Department. The next meeting is scheduled for Wednesday, July i, 1987,,at 7:30 -p.m. in the. Center, room 339, Greeley. The public is invited to attend. ' - 30 --J , MTQ1. �to-lc-V1 ter' , VIPe mEMORM1Dum To Board of Commissioners Date Sid Morehouse, Council President From sub;«t:Council Resolution No. 65 June 8, 1987 S Following the May Council meeting, copies of the captioned resolution were sent to you as well as Pat Persichino and Bob Rhinesmith. We would also like you to have a copy of the attached statement of position which is in reference to the resolution. At this time, we are sending the resolution and attachment to all other elected officials. We -are -forwarding just the resolution to all department heads. Pat Persichino Bob Rhinesmith 3a „ny to - IS -87 COUNTY,_ COUNCIL'_ ` STATEMENT OF POSITION Re: .-Resolution No. 65 May 6, 1987 On March 4, 1987, he Weld County,Council members received a memoissued in 1984 by the Weld County Commissioners labeled Memorandum of Agreement. The -Weld County Commissioners proposed this.agreement in 1984 as a settle- ment of thethen currently running payroll scandal. The Weld:County,Council did not in 1984; concur with the terms of .,this agreement so that at that point in time, no agreement was .reached. However, the issue has once again arisen as to whether or not this agreement is binding. .The Weld County, Commissioners on March 4, 1987, apparently believed that thisagreementcan,be unilaterally made_- The issue is this: Does the Council concur that the Commissioners have the unilateral right to dictate to the Council what they can or cannot do? Or is the Council an autonomous body that establishes policy to .govern its own conduct? The Weld County Commissioners agrument is based upon this foundation: The County Council is the same as other elective offices. The Weld County Commissioners can dictate policy to other elected officials, set policies, and establish procedures for these other offices and officials. As the Weld County Home Rule Charter states, the County Commissioners are to "administrate all aspects of county government. In other words, the County Commissioners act as the final authority over county matters. However, the County Council is not the same as other elective offices in the county. The Charter mandates that the County Council be unique. These requirements are subtle, yet distinct. The Council is a part-time position. The Council is composed of non-partisan members. The Council decides the salaries of the other elected officials. The Council fills vacancies. The. Council can suspend other elected officials with just cause. These duties all require that the County Council be different from the other elective offices of the County. No other position in county government can do these things. The County Council is different. The Weld County Council cannot fulfill its obligations as a unit of county government without being different. This does not mean that the County Council is not a part of the same team, but it means that County Council plays a dif- ferent position on that team. indeed the Home Rule Charter states that the County Council is to "review":ail aspects of county government. The -Commissioners are to administrate.The County Council it to oversee. The County Commissioners are administrators:, This means .that the Commissioners are to be the general managers of all county departments.. 'They are to set the GREELEY. CP" COUNTY COUNCIL, STATEMENT OF -POSITION May 6, 1987 Page 2 u, is estabTish policy, and -enact ordinances. They-are`the-managers of th'e` ug`e of"county government. The Weld County Council is the overseer. The charter mandates that the Council review all aspects of county government. This means that the County Council is to review the budgets, review the policies, and review the ordinances, resolu- tions, and regulations^established-by the Commissioners. In order to review these aforementioned items, -the Council is given the tool of performance audits. Through these audits, the Council is to test all aspects of county -government to assure the citizens that good, responsible government exists: The charter delegates the responsibility of a second look to the County Council. With the responsibility of -review comes the -inherent responsibility to resolve matters that are -not in the keeping of good government: Council can resolve all matters it finds not -in the -keeping of good government by any, means, including -removal of.officers of the county -if" -just cause exists. , The Weld County Council therefore must be -autonomous in character:-- review all" the facts.so that a just rendering is given. WATER LEGISLATIVE :1r -rent Colorado Wider Congress • 1390 Logan $t. Rm. 312 • Denver, Colorado 80203 • Phone: (303) 837-0012 li`e6 Editor June 3 (1st page) d June 1,-1987 (pages 2-6) of this year's session of the Legislature may be in sight -- that June 10th, June 12th, June 17th, or June tit oSlnce the status report was typed, there have been some changes thereto; fly: (1) S8'212 (instream flow) has passed the Senate and is. on the way to the �cs0" House and now scheduled for House Ag hearing at 9:30 a.m., Thursday, June 4th; (2)-SJR 16 (Pamcolo Reservoir Project) has been adopted by the Senate and re- commended favorably by House Ag; (3) 88 1024 (chemicals to land thru irrigation) has been reported favorably with amendment by Senate Appropriations; (4) NB 1120 (protection of drinking water) has been P.I.'d'in House Rules; (5) $6 15 (Water Conservation Board Construction fund) was signed by Governor on 6/1/87; (6) HB 1046 (Colorado Mater Research Institute) has been reported favorably with amend- ment by Senate Appropriations; and (7) SB 200 (Well permit fees) is scheduled for action .by-Senate'Appropriations at 7:30.a.m.,-Friday, June 5th._ As you know from reading the newspapers, the "Long Bill" or S8 218 (also known as.the State Budget) has passed both Houses of the Legislature. S8 218 will undoubtedly go to a Conference Committee to work out the differences, and once those differences have been resolved there will probably be an effort to recess as quickly as possible. As you will note, we have extracted some general budgetary info from the Long Bill narrative on certain key state agencies that deal with water users -- this information is to be found on pages 5 and 6 of this report. Of particular note is the 'Memorandum of Understanding' (HOU) between the Department of Natural Resources and the Joint Budget Committee. Essentially, drat this leans is the Director for the first time has been given the authority to shift personnel and resources to take Care -of -needs as they arts* (for example, •1f water coammissioner,needs are a priority, then the resources will be `shifted to take care of that need). This will be an interesting arrangement to watch, and see if it works. Bills that CMC has ;a particular interest are:. In House Ag, SS 212 (instream flow) which simply reaffirms that the Colorado Water Conservatlon-gd is the only party that can acquire water rights for in - stream flow purposes. CMC supports S8 212. It should be noted that some groups - especially the enviros -- want to open up the instream flow law. In Senate Appropriations, NB 1158 (Lte Indians 6 Animas La Plata and Wild- life 8 Water Development) which s cr tical to.the Indian Settlement of the _ Animas -La Plata project, and would, if -straightened out, provide_a balanced approach to wildlife mitigation and water development. CMC generally supports the concept of the bill, but if things are not corrected, then the only worth- while feature of the bill is the tribal settlement. A developing problem is taking place with NB 1158 and that developing problem goes to the interest in the source of funding which was created by 1986 legislation. For those interested in HB 1158, it would be our suggestion that you call us daily as to developments. In Senate Appropriations, S0 99 makes certain changes in the 1985 Non -tributary Ground Water Act - aTso known as Senate Dill 5. SB 99 is a well intentioned bill by some of our good friends in certain agricultural groups; unfortunately, the proposed change from presumptive to conclusive if authorized by.'SB 99 gives enormous power to one state official in determining facts (conclusive, according to the dictionary; means'final).: The only_ ey. that -an aggrieved party could override the State Engineerlirthis situation is to prove that he As arbitrary and capricious -- and that isn't easy! CWC apposes -$9 99.- -In a surprise development, the three indtviduats (Narrison, Mubly 1 *Graff) nominated to the Water Quality Control Commission -- after confirmation hearing before Senate. Ag on 6/2/87 -- were.then referred -to the Smete,State Affairs Committee for consideration. ' If you request any legislative information, please leave both your business and home telephone numbers -- sometimes we have to do our telephrne return calls in the evening. "`Ti 10-15-81 Water Legislative Report -2 June 1,`1987 NEN BILLS SB 212 by Senator McCormick; also Representative Paulson. SB 212 portals* to the obtaining of water rights for instream flows by the Colorado Water Conservation Board and, in connection therewith, providing for natural surface water levels or volumes for natural lakes and for the exclusion of all other person or entities from obtaining such water rights for any purpose whatsoever..SB 212 was assigned to the Senate Agriculture, Natural Resources and Energy Committee. MB 1360 by Representative Armstrong; also Senator Bishop. H6 1360 pertains to the relocation of the headquarters of the Division of.Wildlife in Grand Junction, and. relating to persons employed by the Division.who-are affected by such relocation. NB 1360 was assigned to the House Agriculture, Livestock 3 Natural Resources Committee. SJR 16 by Senator Bishop; also Representative D. Williams. SJR 16 pertains to authorizing the Colorado Water Resources and Power Development Authority to proceed with consideration of the Yamcolo Reservoir Project. Be It Resolved by the Senate of the Fifty-sixth General Assembly of the State of Colorado, the House of Representativesconcurringherein: That the Yameolo Reservoir Project is a project within the meaning of the "projett' as defined 1n section.37-9S-103 (10), Colorado Revised Statutes, and that the Colorado Water Resources 4M -Power Development Authority is authorized in accordance with section 37-95-107, Colorado Revised Statutes, to proceed with the consideration of the Yamcolo`Reservoir Project. HJR 24 by Representative Norton. HJR pertains to a water study. Be It Resolved by the House of Representatives of the Fifty-sixth General Assembly of the State of Colorado, the Senate concurring herein: 11) That the legislative Council fs directed to appoint a 'committee to undertake a study of water in this state with particular emphasis on: the Management and development of our surface water resources; the management of our -ground -water resources; meeting our interstate water compact requirements; and maintaining water quality. The committee shall also study'andraake recommendations relating to coordinating the activities of the various state agencies which have responsibilities'relating to the•se water issues. • (2) That the Legislative Council shall report its findings and recommendations to the Second Regular Session of the Fifty-sixth General Assembly. (3) -That all expenditures incurred in the conduct of the study enumerated in this resolution shall be approved by the chairman of the legislative-Canntil.aed _pAid vouchers and warrants tnJ rawas-_provided_by_law ircmfunds.allocatedhfor -legislat it studies'from appropriations:made by -the General Assembly.-.. SCHEDULED HEARINGS HB 1024 pertains to chemicals to land thru irrigation by Representative Entz. Senate Appro- priations Committee ai 7:30 a.m. TuesdayJune 2 1987 in JBC Hearing -Room, 3rd Floor, legislative Services Building ("01d State,Museumn, corner of-Shelsmett i 14th, Denver. SB 212 pertains to instreaw flow by Senator McCormick. House Ag Committee at 7:00 a.m., Wednesday. June 3,-1987 in ROM 0109 of the State Capitol. HB 1046 pertains to dater Resources Research Institute by Representative McInnis.. Senate Appropriations Committee at 7:30 a.m. Wednesday, June 3, 1987 in JBC Nearing Room, 3rd Floor Legislative-Servlces.B010-4-49 rind State ihneum'). corner of Sherman t ..14th, tearer.. SB 99 pertains to Manageeeat of Ground Water Resources by Senator Brandon. Senate. Appropriations Committee at 7:30 a.m. Friday, June 5, 1987 in JBC Hearing Roam, 3rd Floor, legislative Services Building 1"Old State Museum'), corner of Sherman and 14th, 'Denver. ;;ester Legislative Report _g_ June 3, 1387 z 0 ... ~ M N NC cow0-4 4.1 cow J N - L O CLOW a N. . \ CW t .Ni N �a t 7 0 I1- N � �'+ N ., .. VIco O _ R 4 Y fs. 0 N C i. N t- Cu O. to 4. CO � r• N an a 0 N a. CO ^ Nom, Cf C O! po, a 2 N Y �V11U DC to L. C.1 E O V �CLY CI -CC Vf 2 N L O 0. R H in L O Cl. ON N L O 7 N y._ L t- o a v 0 C .. N p -C CO u L_O � 01 d Y O.4.4 �.V .O Cn O O is.. M to 0 ••. N y t O 0. 0 y t CO �. CO� N L a 3 I y 10 a. n ` N N Y O. . h CO ..4 -.--\ .r -A oN 0 C R d en Ct G N+ .0. v 1- 4C /- N -�J KJ yµ!! ••- 4a. 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JD y O D• -i m CO r r N H C N 3 A I-+ I- -4 m 1 03 rrt RD y r 0� V1 _.A O 2 i 188T eT ounr ?.sodau GAT71tTSTg27 Water Legislative Report -5- FRS( 1987=88 LONG BILL NARRATIVE 8Y THE JOINT BUDGET COMMITTEE Mater QUality Control General Funds Cash Funds ',Federal :Funds Total FTE 1986-87 Appropriation $ 920,861 960,817 2,276,345 $ 4,158,023 99.7 DEPARTM ENT OF HEALTH 1987-88 Appropriation Increase 1 $ 909,094: -$ (11.767) 918.372 (42,445)) 2.155,861 (120,484) $ 3,983,327 f (174.696) 92.5 (7.2) June 1, 1987 For Mater Quality administration the recommendation funds the same number of ETE'that the Department estimates for FY 1986-87 and requests for FY.1987-88. However, the recommendation represents a 0.8 FTE decrease from the FY 1986.-87 appropriation. The remaining 6.4 FTE decrease in this division.is due to changes In federallyfunded spacial purpose line items. The General Fund decrease is attributed to expending available cash and federal funds before expending General Fund moneys. The cash and federal funds decreases are based on estimates of available revenues and ona decrease of $48,969 in the amount of indirect costs assessed this division. The Permit Compliance System is a new line item. Thisiis a federally funded project for the computerization of data on major waste water discharges within Colorado. DEPARTMENT:OF NATURAL -RESOURCES The proposed. FY 1987-88 budget includes recommendations (certain highlights) which: • Consolidate line items in four divisions. The divisions are: Parks and Outdoor Recreation, Water Conservation Board, Water Resources, and Wildlife. A memo- randum of understanding has been developed to provide guidance to the divisions within the more flexible format. The agreement requires expenditure reports according to the current and the recommended line item formats. (The afore- mentioned agreement is the next sheetof this report.) • Include an increase i.n GeneralTuna:support of $764,138 for technical assistance relating to -the Arkansas River litigation with Kansas. ritaent Natural. ources--_ - -Gena'al Fund Cash Funds Federal Funds Total FTE 1986-87 '.,Appropriation.. $ -15;167,8115' 40,628,150 8,895,201 $ 64,691,156 1,252.4 1987-88 Appropriation • Increase S $ 14,749,893 43,317,204 8,550,974 $' (417,912) 3.289,054 (344,227) 67,218,071 $ 2,526,915 1,239.2 (13.2) _ The recommended appropriations for Parks.:uxreutdoor Recreation, Mater Conservationm Board, Mater Resources Division -and the Division of Wildlife have been consolidated, pursuit Lo a Memorandum of Understanding (see next sheet) between the Departmela'and the dpint-Budget.. Comeittee. " Executive ..1986=87 to ' Appropriation' 8maral`Fuad' � ' 3' 1.678;319 Cash Funds 3,920,296 Federal:Funds 399,876 Total' f 5,998 491 FTE ;6.8 1987 -es " Appropriation f T,256;29F 3,946,385 350,907 $ 5,553,589 74.8 ''Increase Y f 577,978 • 34:4 26,083 . i 0.7 - • (48,969) (12.2) f '555,098 (2.0) 9.3 Water Legislative Report -6- June 1, 1487 The increase in General Fund is mainly due to the $764,438 increase in technical assistance for the Arkansas River Litigation with Kansas, the addition of $374,204 for the new legal services line items, a;$73,275 increase, for workers' compensation premiums, and the recommended $25,462 increase for the Nines -Program due to a decrease in available cash funds. Offsetting General Fund decreases are reflected in the salary survey ($100,866), automation initiative ($130,572), and indirect cost recoveries ($298,858)• Also, es part of the budget reallocation plan, the Joint Review Process has been Cash - funded, for a General Fund savings Of $121,138. The recommended decrease of 2.0 FIE 1s due to decreased workload for the -Joint Review Process (1.0 FIE), and due to the settling of the reserved water rights litigation case (1.0 FTE). Water won"" ovation Board 1986-87, - 1987-88 Appropriation Appropriation Increase 1C General Fund $ 665,874 Cash Funds 882,850 Federal Funds 50,15D Total $ i,s9a.si4 FTE 27.0 $ 718,779 140,560 60,466 $ 1,519,805 „ _26.3. $ 52,905 7,9. . (142,290)-. (16.1). 10,316 20.6 (79,069) (4.9) (0.7) The reduction of 0.7 FTE is due to the expiration of funding for the National Flood Insurance Program on September 1, 1987. . Included to the recommendation is an adjustment in the level of cash funding. The adjustment more accurately reflects:the contribution from the Division of Wildlife and the Water Conservation Board Construction Fund. The Wildlife cash contribution is recommended at$298,134.to:support 8.0 FTE which provide administration of instream flow appropriations and hydrological investigations. The construction fund cash' recommnMation,is 5458,329 toaupppport 8.0 FTE for the administration of the construction fund, :The levelyof General Fund..Support was increased.in.order to adjust for the cash funds decreases... Water kesaurces Division: 1986-87 ApPropriation ADProPriatiooIncrease, ..,2 - General Fund $ 8,359.122 $ 8,614,474 r $ '255,352 3.1 - Cash Funds 236,629 251,662 15,033 6.4 Total $ 8,545,751 S $,fl66,136 $ 270,385 3,1 FTE 222.2 222.2 -0- The recommandation-provides for a continuinLlevel, with the increase in;,General Fund due primarily to.,increased personal services Costs. The increase in cash funds is due to the assessment of indiret costs to the Division. Division of Yildl.tie,. :.. 6eegraa"Fund': Cash Funds Federal' Funds Total FTE 1986-87 Appropriation. $ 1:; 28,203,825 5,654,897 1987-88 ,,Appropriation .Increase (1) (100.0) 29,997,522 '' - 1,793.697 6,4 5,000,752 (654,14S)"' '(11.6) $ 33,858,723 $ ,.34,998.274 657.4 657.4 f 1,139,551 The recommendation is for funding a continuing level of:activity and annualitts.the,FT 1986-87.salary survey increases. The decrease in federal funds and the increase in cash funds are related. Thee recoemendation reflects the Division's request that more Wildlife cash funds be used in the operating budget in order to free federal funds for the capital construction budget. The funding switch results in a $1 million decrease in federal funds for the operating budget and a $1 million increase 1n Wildlife cash funds. Memorandum of Understanding • Betweto-.thEDepartment'of-gaturab,Resources and the Joint: ♦tudget,Committee I. Statement Of Perin, •It.is,the intent:ef.the-DeparLwnt.of.Natural Resources and the Joint Budget Committee t0 make government more cost-effective. .Through i line item consolidation, the Department Mil maximize its productivity by using its present staffing and funding levels -to -prioritize assignments -on a cost/benefit basis-vndresponsibly perform all' functions tegoired by applicable .legislation.'-- II. General Principles 1. This Memorandum of Understanding is 1n effect from July 1. 1'B7 -to -June JO. late for -the following divisions in the Department of Natural,Resources: 'Division of Parks'and Outdoorfecreation, 'Water Conservation Heard, -Division -of- Water Resources-;--a+d 'the Otvfslon-of- Wildlife. This agreement may, be continued, modified or discontinued for :fiscal years-beyond-SSOT-88.,, The agreement further is aubject to review modification addition, or -other- changes :for f-tse'aT'-yeari7sLDseiuint to 1487-88. 2. This agreement.iepresents a good faith effort to enumerate details of the assumptions -and-conditionsfor state appropriations fOr the above named divisions:“-There:should'be written communication among the boards and commission;'division"directors, the Executive Director of the Department of Natural Resources and the JSC concerning questions, laajer lmroacts'and po)'icivelranger related te'this appreirtation ;me_tbod: The Department will notify the JSC in willing of any changes trc Department programs which Rave budgeting impacts.: a. Nothing to this agreement may be construed to xupersede " coustltutiogaT or statptory'riodirements..' " 4. In order to implement this NOD, such changes as may be - necessary will be madeto the Long 811.1 headnotes,.and appropriations to Other Departments and the Executive Director of 'the Department of Natural Resources. , .. .. - . S. The Department of Natural. Resources mill iaintain accounting records Which will delineate actual expenditures -for the consolidated line items based on the FT 1986-81 appropriationline items. 6. The Division of Parks and Outdoor Recreation. Water . Conservation Board, Division of Water Resources and the Division -of Wildlife will submit their budget requests for FT MBAS using the budget,foreat` specified jolgtly'by the JSC and 056 staff. 7. Allocations -01.4l] appropriations will be booked with the stattcontrollec in a fashion consistent with the line item consolidation-,_'Expendittres'for line items that have been-consolfAited vili be reflected by Object_Code based oo the FY 1986-87 appropriation format. --This 1nformauttonwlll be provided tothe`Joint'8udget Committee. `8. ,There shall be no..addttional office space leased nor new lease „-perthases begun by th“Agnatory divisions fromtheir consolidated. . `•. a;.proprtations:without the -approval of the Joint:Budget Committee. -,. S., The.. agreement'pettains to the.operattny 6odgets of_the�:. 6ivlstensand"does not affect Capital Constructionapproprtations;ee. appropriations received under separate legislation: 10. APP_...capital outlay will be lotiuded,tn the consolidated -line item ',tuition of Parks and'Oytdeor Recreation The Division of Perk's-end...Dutdoor Recreation will maintain separate expenditure records for the following programs within the.Speciel -_ Initiatives: Program: Youth Diversion,institptions'-xonor and Developmental Disabilities Maintenances Drogr'as` - ,z Division of Wildlife The change --in appropriation format is intended to provide a -_process by which the Genera) Assembly andWildlifeCommission provide guidance and policy direction to the Division.- Further, 1t is intended that the'. Division establish and meet annual objectives necessary to carryout the Division's goals. In order to accomplish this, the following 1s agreed between the J8C and the Division of Wildlife: T. The Otvtsion'shall meet the strategy'goals and objectives as approved by the wildlife Commission and published in the Division's Ealprehensive Master--: Walggemen Plan: the fourth edition of which is to be published January 1988. 2. The Division will complete the appropriate program and operational plans necessary to implement the process. Operational plans will be the basis of future year budget reooests. 3. The Division will sot its internal budget figures based upon this program goals for the.year andthe:apProprietioWsIfor each of the ♦. The Dtvlssom will monitor its pregress towards its prograrmatic goals and..w111 report actual, estimated andrequest years figures 1n a format Specified by the JBC and OSB:stafft.. - - S. Annually, the Division will report to....the Wildlife Commission and the Joint Budget Committee the results ofthe-previous year's efforts as Weil as an. assessment of any pertinent .information: related to the Division's . five year plans, As a -result ofihts review, ,the Commission Say,wish to.amend,.modify,-add or delete objectivei. :for the ensuing year anitnotify the Jetta Budget -Committee Of armemdif3Cations.-- - 6. The Division will receive its appropriation based upon the following program areas plus special purpose line ltmsi administration Hunting.Recreation. o ,.. fistitteiecreattoa. - Other:-AesreattonalProgramm The.Divis100 1011 prTrlde..Dudget-fiteres;In both program and tradtttonai :itne_item format. ..... pivision of Water Rasources l: The'oiaaon Will Maintain separatmag enditure records for the following line items by fund source which will be consolidated in FT personal' Servlus...Fullttst 161.0: FTC ' Personal Services - ParttiaWe .37.2 FTE Personal Services'- Oast IhSbectton 17.0 FIE Tntorstate,cempects., ;.;.,. .., . . water... Rights ,Tabulation ..:Hater Data .Bank -- S.O, FTE.. Satellite Monitoring System 2.0 FTE Water'Contervltion Board .. : ... �1 The.Department wilt'msintatn expenditure -records delineating costs by general fund. construction funds andwildlifecash funds. i 0_-Ma>•,�ti.ecuttve ptreetor iLYa .. ." alE't of Natural Resources Joint Du et�Comittee ,, ROONolitday. 0lrector Oivtston of Parks and' "Outdoor Recreatton 47 N�11/ McDonald. Direct*" Mater Conservation.Board s Dante son, State rig neer ion of Water Rasources h, Director is1•n of Wildlife IS1SA at moo Paris and Outdoor. Recrea Board Clyltrfan Wildlife Commission UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU 4F LAND.MANAGEMENT.J (WY920 07'4121-10) ' NOTICE OF AVAILABILITY DATA ADRQUACY:STANDARDS POWDER RIVER ;COAL REGION ACTION:' Public: Notice IAAY 2 2 1987 .SUMMARY:."Deta'Adequacy Standards for the Powder River Coal Region, are available te'the"public. FOR FURTHER INFORMATION CONTACT: Don Brabson, Branch of Solid -Minerals, Wyoming'State=Office, Bureau of Land Management, 2515 Warren.Avenue,:Cheyenne, Wyoming -2200i; telephone number (307) 772-2571 or (ITS) 328 2571. SUPPLEMENTARY -INFORMATION: On June 5, 1985, the Powder River Regional Coal Team'(RCT) endorsed a Federal/State task force with resource specialists from Montana and Wyoming to prepare data adequacy standards for the Powder River Coal Region. On November 7, 1986, Proposed Data Adequacy Standards were made available for public review and comment. On December 4, 1986, the RCT recommended, _among other things, that these regional data adequacy standards be finalized by June -1, 1987. By Federal Register' -notice on February 12, ' 1987, the Director -of the Bureau of Land Management, adopted this RCT recommendation. The Federal/State task force completed a review of all public comments and finalized the standards during March and April, 1987. A summary of public comments and task force responses thereto is contained in the.date. standards document,.: This;- document is be obtained be contacting Dos Hrabson telephone numbers. This document constitutes the standards by June 1, 1987, in December 4,-1987, Final RCT the next now available to, the public. _A copy mr at the above -specified -address or task force accordance approval of 's finalized regional data adequacy with the RCT recommendation of these standards .will be solicited at Powder River RCT meeting, which is yet to be scheduled. These -`Data -Adequacy Standards contain recommended levels of-data.:ta:be acquired"prior to the `leasing of delineated coal traces_ -The document. contains date standards for geology, soils/reclamation, hydrology, wildlife, socioeconomics, and vegetation -and land use_' .:-> J4as. `, v0i0^. cCl^. A MMIC ri _.:: ��O.rC C7�.• uO aAAk -- Jae CO . 9 "i4: i%. r. � .. .ale r vv .. ror former emplo. e L/CS-7-= A' N. i 1, r 7`no area 21/44t. -F7 P --�,,Ar x 17 Bruce rreemzrer, w^c. of Lions 3r d mT9 June 4,'I987 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE 1303) 3564000, ea. COO 'PO 90X:758 GREELEY. COLORADO 80S32 Andy West, President Bruce Ereemyer,,Secretary Briggsdale Lyons Club Briggsdale, CO 80611 • RE: Request Dated June 1,'1987, for the use of a Weld County Motor Grader to Aid in. the Extinguishment of Prairie Fires in the Briggsdale Area Dear Mr. West and Mr. Freemyer: This letter is in response to your June 1, 1987, request for the use of a Weld County motor grader to aid in -the extinguishment of prairie fires iu the Briggsdale area. l Your letter suggested that the Board allow Mr. Herbert Corliss and Mr. Adolph Heinle, both former Weld County employees, to operate the County Grader in such situations. The Board of County Commissioners of Weld County must deny your request because of the potential liability which would be associated with such use. While using the County grader, Mr_ Cornea and Mr. Heinle could be considered as employees of the County. The County could then be liable for any of the actions of the two. individuals as they operated -the grader. Weld County cannot,aenept.such potential liability. Sincerely, BOARD. OF COUNTY -COMMISSIONERS WELD C ,COLORADO Gor on E. Chairman . GEL:rm A G E N D A Planning Commission Members are reminded Chat you are to contact BOBBIE GOOD at 356-4000, Extension 4400, if You cannot attend the luncheon and/or meeting. 12:00 noon - Weld County Planning Commission Luncheon - Tuesday - June 16,, 1987, The Heritage Inn, 3301 West Service Road, Highway 85. Evans, -Colorado. * * * * * * *:. * * *- *. * * * . * * * * * * .* . * * * * * - * *. * * * * * ..* 1:30 p.m. Public Meeting of theWeldCounty Planning Commission, County Commissioners' Hearing Room ($101), 915 Tenth Street, Greeley, Colorado. 1. CASE NUMBER: Z -434:87:3 - APPLICANT: Carl F. Seeley REQUEST: Change of Zone from I--1 District. (Industrial) to C-3 (Commercial) Zone LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: The northwest corner of East 18th Street and Cedar Avenue. 2. CASE NUMBER: USR-795:87:21 APPLICANT: Butcher Block Cattle Company REQUEST: Use by Special Review permit for an agri-business. LEGAL DESCRIPTION: Part of the NW} of Section 19, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1.5 miles north and .5 miles vest of Windsor; east of Weld County Road 13, south of Weld County Road 80. 3. CASE NUMBER: USR-796:87:22 APPLICANT: U.S. West/New Vector Group REQUEST: Major facilityof a public utility (A 290' tower in the A (Agricultural) Zone district). LEGAL DESCRIPTION: Part of the -NE} NE} of Section 21, T5N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately one -mile southwest of Greeley and two miles, northwest of Milliken. - a_ei U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL DIRECT FEDERAL DIVISION SSS ZANO St, ►.O: BOX 43246 DENVER.COLORADO 50221. June 5, 1987 • Weld County Board of Commissioners Weld County Centennial Center P. O. Box 758 Greeley,Colorado 80631 Gentleman: Subject: Final Construction Report tr g Eatelt, 01 987, Di SLY Mint TO: HFB-16 Enclosed for your records is the final construction report for -Colorado OMAD 300(26), Missile Base Roads. _ Enclosure - Sincerely yours, < Charles. R. Houser Construction Engineer -Da me G-+;noo U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CENTRAL DIRECT FEDERAL DIVISION Region 16 FINAL CONSTRUCTION REPORT on COLORADO OMAD 300(26) MISSILE BASE ROADS GRAVEL SURFACE COURSE WELD AND LOGAN COUNTIES COLORADO By Project -;Engineer. Concurred: t" c perataon ngineer O2 Construction Engineer Approved: �(4. �_ �-D visi�fZer Date 6 — J-' 4'7 FINALCONSTRUCTION REPORT I. PROJECT DESCRIPTION A. Project Number - Colorado OM -AD 300(26) State: Colorado County: Weld and Logan Reuter County Gravel Road B. Description of Work - Drainage and resurfacing 34.769 miles of roadway with selected gravel course C. Environmental Considerations - N/A II. PROJECT DATA A. Specifications - FP-79,.(Revised'June 1981) B. Termini' - Air Force Weld County Length .Route Road Description in Miles No, 3 112 & 107 From junction County road 3.655 112 & 107 West to county road 107 then North to missile site No. 0-9 No. 5 134 & 111 From Missile site No. 0-2 7.449 on County road 134 West to County road 111 then South to County road 124 then East to Missile site No. 0-1 No. 6 Ill/ 128 From junction County road 10.398 111 & 128 East to County road 125 then North on 125 to Missile site No. 0-3 No. 9 _110 & 127 From junction No. 110 & 127 North to County road 116 3.295 Air Force Logan Length Route County Road Description in Miles 38 &.21 From junction County road 4,527 38 &'21 West -to Missile site No. M-1 From junction 38'$ 21 North 5.445 on County road to Missile site No. M-3 J. C. Length - A total of 34,769 miles Width - Subgrade (variable) 18 to 24 feet Surface (variable) 17.5 to 23.5 feet E. Pavement Structure N/A F. -Structures - N/A G. Contract Number and Date - DTFH-68-84-C-90021, September 10,1984 H. Contracting Officer.- Jerry L. Budwig,.Division Engineer I Contract Amount - $522,700.00 Engineer's Estimate - $703,000.00 Final Contract Amount $470,684.37 K. 1. _Contract Time Period October 9, 1484 to May 7, 1985 M. Work'' Completed - May 7, 1985 N. Contract Time - iime extensions Extensions based on overruns Total days allowed Days used P Q . Contractor = White and Sons Construction, Inc. 28485 Highway b and 24 Rifles Colorado 81650 Subcontractor - None Maintaining Agency - Weld and Logan Counties R. Construction Engineering Amount - 9.86 percent III. CONSTRUCTION A. Contractor's Operations - The contractor screened and placed 65,295.1 tons of gravel surface course on the roadways in Weld County from the same source. This source was the Ehmke Pit located on- privately', owned property. The material from the pit was capable of meeting alt specifications required except fortheamount passing the -N40 sieve. This material was imported from 3.5 miles 80 calendar days 0 calendar days 0`calendar days 80 calendar days 80 calendar days 3 away on the same private property. Another trap and belt was set up and this blended material was incorporated into the pit material before it passed through the screening operation and at a rate necessary to meet the specification and still not lose the plasticity required. The material in this pit would not meet the natural cementation -requirement and the plasticity requirement was used for statistical analysis. The work required to place this material was done between October and the end of December of 1984. After completion of the work in Weld County, the contractor moved his entire operation to Logan County and set up his operation at the Dollarschell Pit near Sterling, Colorado. Placement of this material began in early January of 1985 and continued, except for the period of Winter Suspension, until the first week of May. In January, after discovering that the test results performed by the contractor were in error with respect to plasticity, the construction operations were suspended until weather conditions allowed corrective action to be taken. During Winter Suspension, numerous samples of the material placed on the roadway were tested at the CDFD laboratory in Denver for gradation, plasticity, and natural cementation. The specification for plasticity was therefore waived and the material was accepted and allowed to remain in place, with the material being evaluated statistically for gradation only, B. Materials Oollarschell Pit Maximum Dry Density = 137 lbs. per cubic foot Optimum Moisture = 2.8 percent Soil Classification='A-1-B Ehmke Pit Maximum Dry Density = 123:4 ibs. per cubic foot Optimum -Moistures 4.5 percent Soil Classification = A-2-4 Experimental or New Features -'None' -IL Changes, Problems, Design Results:- None Recommendations 'WELD COUNTY: E. The material placed in Weld County met the specifications in all respects and will be of great benefit as far as ease of maintenance. Care- should be taken to avoid adding too much plasticity to the`top portion of the roadway while cleaning. ditches as this -would add to the plasticity of themateriai and reduce its strength over a period of`time. LOGAN COUNTY: The material placed in Logan County had very little plasticity and was accepted based on natural cementation. The material is well compacted and very durable during periods of dry weather, but tends to absorb moisture and will break down somewhat during wet periods and heavy truck traffic. Maintenance should be geared toward using material from the ditch work and incorporating this material into existing material. This should not just be done to the surface, but should be processed into the roadway to uniformly mix it in. This would improve the plasticity somewhat and tend to prevent much of the moisture from penetrating the surface. After mixing it would be necessary to properly compact the material to return it to a.proper site. Claims;- None IV CONSTRUCTION ENGINEERING A. Project Personnel Edward C. Hansen, Project Engineer: Harold E. Kelsh, inspector' Charles D. Koltes, Inspector . Other Contacts - Fredrick Hansen, U S. Air Force Dave Becker, Weld County 8111 Haas, logan County APPENDIX Title Sheet and Location Map Typical Sections Tabulation of Bids Final Voucher Assembly Letters of Acceptance (from cooperating agencies) Contract Time Statement Explanation of significant Overruns and Underruns As -Constructed Mileage Statement Final Voucher Claims Release Final Estimate Letter of Acceptance from'FHWA Final Acceptance Report - Project Photographs COLORADO OM -AD 300(26) MINUTEMAN MISSILE BASE ROADS LOGAN AND WELD COUNTIES COLORADO SPECIFICATIONS CITED: FP79 (Revised June, 1981) Final Project Length: 34.769 MILES ROADWAY STATION TO STATION BASE COURSE (FEET) BASE COURSE (MILES) 3 0+00 to 193+00 19,300 3.655 5 0+00 to 393+30 ''39,330 7.449 6 0+00 to 549+00 54,900 10.398 9 ' 0+00 to 174+00 17,400 3.295 34 0+00 to 287+50 28750 5.445 32 1 0+00 to 239+00 23,900 4.527 TOTAL. 1. - 183.580 34.769 TYPICAL SECTION: 24' r -EXISTING SURFACE GRAVEL SURFACE COURSE (SEE TABLE> TYPICAL SECTION :3xi '9 zfl . yq I� 133NS sinf1O3 Ntl 70 -‘•2 O _ _ _ _ • - ~fd •-'-T • •?. ••'� ,)m 'r�—T: r Yr.'s • _-- xt: JW W tJn Za Vi yJ N fgl� 8 IT-- 2 y r0 Y L a • ! ,i• F lei arc • �a'1 _J 2 O -reL •1 •J�•••- •'tee x 1 p ` L - G'7.?�. i \ \ `- ` W .� . - I'm L--�4. . "ate` Liti J _ < • F.= - L t ./.... J A.n.. ‘ _I .r+•• - �. - t.i /.7L f �`` `al l' it r' ✓� !^ h^ 770.: La _ la ; 'r�ryl �. T / . L S - . `` C . k-:- IL�/ -• OJ „ - • _ ( . J/ �? ,/ Ir t s. a .. 1� . r 1 it* 1. S• /J L • � .CI. -{ L - T .. .. _ ✓ .a _' _ tl . , 0 . n s �- ( y �y� ce � /T !i• _ a - - r .... I , t - s-�-- !; ' ; _ - • _ j L _- I�_ .• ;: -• wrf; i. 0. ! - /I- lx. �. 000 t` } / �aIT-^ �_ _ tCI -- • Y 7I. . _i .. ..... • of ^_ z L _... _ w _ 1—$.. it xaiNs9 . Q 1 3 • M m E r- i T� Q r eY 4 ` a `. r _r_441._.1h --1_ r , , I M I. ji 1 w ( r 1 ; ` - r ` i ---•:-- ^ - t- i j ti r irk _ —ti.' �..�'L., i i �4."................._r - _.e ' +ff �.�„ .—�.1 �.. S • ., , r :r --7 -T....— u • _4_____Fri. 4,----ir-- ASULAT ION OF ROUTE VARIOUS SCHEDULE C COLORADO 0M -AD -.300 (24 ) TATE COLORADO _0UNTY LOGAN AND WELD I D S OS/17/84 PAGE OPENED AT DENVER, COLORADO BY j. L. ROBINSON DATE AUGUST 16, 19$4 2: 00 P. M. TERMINI PROJECT NO. TYPE 0000+00.00 - 0000+00.00 CO OM -AD -300(24) E000 GRAVEL. SURFACE COURSE LENGTH 34.730 MILES WIDTH 24' CONTRACTCRS NAME WHITE 3e .SONS CONSTRUCTION, INC. 2ta83 HIGHWAY 3 &.24 RIrLE. COLORADO $1650 BOND BID AMOUNT :S 20. 0 PCT, 522. 704. CC i<tC GLEN EQUIPMENT COMPANY, INC. 30a N. 25TH AVE. GREELEY. COLORADO 50631 P i°NEER PAVING COMPANY 'O. BOX 374 1..EBLO, COLORADO SC012 - - ,UTAWAYCONSTRUCTION CO. INCa. 117 WHITE PINE DR: ,4,..A,MGSA, COLORADO $1101 I =ST CONSTRUCTION^CCMPANY . O. DRAWER :.630 - - ERLING, COLORADO 30751 ^1EBRET E, INCORPORATED �.3. Box 1,64 `0RTH PLATTE, NEBRASKA 69103 :AT CONSTRUCTION, INC. O. BOX 25 .4E5'rMINISTER, COLOPAD0 ,50030 S3 20.0 :,CT. SE 20.0 PCT. uD 20.0 PCT S3 20 0 PCT. SD 20. G, PCT. sa 20.0 PCT 544, ezo. o 033. T,ale. cc 541. 12 - =t 843. 360.'Gt. 1,294, 264. CZ 1, 317, 532.. W ASULATION ROUTE VARIOUS SCHEDULE C COLORADO CM -AD 304(26) IIIIIINEERS ESTIMATE ERAL HIGHWAY ADMINISTRATION I CERTIFY THAT THIS BID TABULATION ACCURATELY REFLECTS BIDS RECEIVED AND PUBLICLY OPENED FOR THE CONSTRUCTION THIS PROJECT. r .41 CONTRACT AbiaRuEIr TO White .6 Sons Construction. Inc_ LATE:-Basy84' TABULATION OF 6 1.D S ROUTE VARIOUS SCHEDULE C COLORADO OM -AD 300(26 l ITEM ITEM ITEM NUMBER UNIT DESCRIPTION GUANTIT. UNIT PRICE 10 C. S. EXTRA AND MISCELLANEOUS WORK EQ;ITE & SONS CONSTRUCTION. INC. 3UCKLEN EQUIPMENT COMPANY. INC. PIONEER PAYING COMPANY SOUTHWAY CONSTRUCTION,CO.. INC. HuRST CONSTRUCTION COMPANY . vESRETTE,-INCORPORATED "_AT CONSTRUCTION, INC. ENGINEERS ESTIMATEi 305(01) MILE RECONDITIONING OF ROADBED WHITE & SONS CONSTRUCTION. :INC. TJCKLEN EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY 'CONSTRUCTION :CO.. H...,RST CONSTRUCTION "COMPANY �N BRETTE, INCORPORATED t AT CONSTRUCTION, INC. NGINEERS ESTIMATE' INC. 310)02) TON GRAVEL SURFACE COURSE, iiITc & SONS CONSTRUCTION, INC. UCKLat EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO., INC. riUQST CONSTRUCTION COMPANY NEBRETTE, INCORPCRATcD CATCONSTRUCTION, INC.' ENGINEERS ESTIMATE 601(01) L.S. MOBILIZATION WHITE & SONS' CONSTRUCTION. INC. BUCKLEN EQUIPMENT COP?ANY, INC. PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO., INC. HURST CONSTRUCTION COMPANY Nt3RETTE,•':INCORPORATED CAT CONSTRUCTION. INC. �QINEERS ESTIMATE ALL 3. 820 . 081/7134 1 MOON 10, 000. 00 1. 000.04 2,000.00 1. %O. 00 3,000. 00 10, 200. 00 2„500. 00 3.040. 04 3, 000, C 5,000.C 5,000.C 5,000.C 5,000.C 5, 0.70. C 5,000.C 5, 000. C, t 38, 200. C 3.320_ C 7,640.C 7, 437. 11,460.C 19,96.1.C. 9, J3.2. 11. 460. C GRADING P 104, 000 ALL > 4.35 5. 00' 5_60 5.66 7. 33 452, 400. C 320, 000. C 582.400_ 388::630. C 764, 400. i I1. 60 1.'206, 400. 11. 90 1.237, 600. C 6. 00 624, 000_ IS, 900. k 10, 000_ ( 20, 000. ; c 30,000. 35,00C). 30, 000. 40.000. 37.540. i A u' U L A T I 1 N 0 r o I D y 08/17/84 ' ROUTE VARIOUS .SCHEDULE -C COLORADO OM -AD 300(25) �TFM ITEM. .._ ITEM .. 'NUMBER UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUN- 639(22) L.S: MAINTENANCE AND ?ROTECTION OF TRAFFIC WHITE -& SONS CONSTRUCTION, INC. 3UCKLEN EQUIPMENT COMPANY, INC_ PIONEER PAVING COMPANY SCUTHWAY CONSTRUCTION CO., INC. I-URST CONSTRUCTION COMPANY HEBRET7E, INCORPORATED CAT CONSTRUCTION,. INC. "ENGINEERS ESTIMATE ALL. : S, 200. 0t 6,000.0( 1S,000.01. 10,000_ Ot 27.500.0, ' ls, OCO. Qt 25,000.c, Ct 25,000. CC T A B U L -A T I O `N OF B I D S ROUTE VARIOUS SCHEDULE $ COLORADO OM7AD"300(26) "'STATE COLORADO COUNTY LOGAN AND WELD 08/17/S PAGE OPENED AT DENVER, COLORADO BY J. L. ROBINSON DATE AUGUST 16, 1983 2:00 P. M. TERMINI PROJECT NO. TYPE AOQ0+00.00 -`0000+00.00 CO OM -AD 300(24) E000 GRAVEL SURFACE COURSE -LENGTH 34.730 MILES WIDTH 24' CONTRACTORS NAME WHITE & SONS CONSTRUCTION, INC. 25485 HIGHWAY 6 & 24 :RIFLE, COLORADO E1650 BUCKLEN EQUIPMENT COMPANY, INC 804 N. 25TH AVE. GR.EELEY, COLORADO &0631 PI°NEER PAVING COMPANY - P.0 BOX 4576 PUEBLO, COLORADO S0012 BOND S$ 20.0 PCT. SB 20.0 PCT: SB 20.0 PCT. S�. UTHWAY, CONSTRUCTION CO., INC. 1:7 :WHITE` --FINE DA ALAMOSA, COLORADO 3.101 'HURST CONSTRUCTION COMPANY P.O. DRAWER 630 STERLING, COLORADO 3075t S8 20.0 PCT. % NEBRkri" INCORPORA ED P.O. BOX 1764 NORTH PLATTE, .NEBRASKA 64103 S3 40.0 PCT. BID AMOUR+ 475, 2c0.._ 502, 570. C 564, 790: C — —37,6, 647._2 770,560.C I, 143, 564. C CAT CONSTRUCTI N, INC. P, O. BOX 257 WESTMINISTER, .7:0LOR?DA 30130 SB 20:0 PCT: 1, 162. 832: TABULATION VARIOUS SCHEDULE B COLORADO OM -AD `300(26) INEERS ESTIMATE lERAL HIGHWAY ADMINISTRATION I CERTIFY THAT THIS BID TABULATION ACCURATELY REFLECTS THE BIDS RECEIVED AND PUBLICLY OPENED FOR THE CONSTRUCTION OF THIS PROJECT. SIGNED TABULA T ION O F d i DS ROUTE VARIOUS SCHEDULE B COLORADO OM -AD 300(26) 08117/3- 1 ITEM ITEM. •: ITEM NUMBER UNIT DESCRIPTION QUANTITY UNIT PRICE 10 C.S. EXTRA AND MISCELLANEOUS WORK WHITE & SONS CONSTRUCTION, INC. BUCKLEN EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO., INC. HURST CONSTRUCTION COMPANY NEBRETTE, !INCORPORATED CAT CONSTRUCTION. INC. ENGINEERS ESTIMATE 305(01) MILE RECONDITIONING OF.:ROADBED WHITE &'-SONS CONSTRUCTION, INC. BUCKLEN EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY ,CONSTRUCTION `CO., INC. HURST CONSTRUCTION COMPANY gilt NEBRETTE, INCORPORATED CAT CONSTRUCTION, INC. GINEERS ESTIMATE ALL AMOU 5, 000. 5,000. 5, 000: 5, 000. 5,000. 5, 000. 5.000. 5. 000. 10, 000.. 00 1.000. 00' 2, 000.00 1.96-0.00'. 3,000.00 10: 200. 00 2, 600: 00 3; 000. 00 38, 200. 3,320. 7,640. 7,487. 11,440. ,38, 964_ 9, 932. 11, anti. 310(02) TON GRAVE_ SURFACE COURSE, GRADING F WHITE & SQNS CONSTRUCTION, INC. 91,000 BUCKLEN EQUIPMENT COMPANY, INC. PIONEER .PAVING COMPANY SOUTHWAY ;'CONSTRUCTION ,'CO., INC_ HURST CONSTRUCTION COMPANY NEDRETTE, _INCORPORATED CATCONSTRUCTION, INC. ENGINEERS ESTIMATE' .6014011 L. S. :MOBILIZATION WHITE & SONS CONSTRUCTION, INC. BUCKLEN EQUIPMENT. COMPANY, INC. PIONEER PAVING COMPANY, SOUTHWAY CONSTRUCTION CO., INC. HURST -CONSTRUCTION .COMPANY NEBRETTE.'INCORPORATED CAT tCONSTRUCTION, INC. GINEERS'ESTIMATE • 4. 45 5:25 5. b5 5. 7'6 7. 60 11.- 60' 11. 90 6.00. 404, 950. 477,-750. 514;150. 824, 160_ 6914600_ 1, 053, 600, 1,082;900.: ' 546, 000. 15, 900. 10, 000_ 20, 004. 30,000. 35. 000: 30. 000, 40, 000_ 37, 540. ITEM ITEM NUMBER UNIT TABULA T ION OF a IDS VARIOUS SCHEDULE B' COLORADO OM —AD 300C25) OS/17/Sh 2 ITEM DESCRIPTION +QUANTITY UNIT PRICE" A` OU;, 635(22) S. MAINTENANCE AND PROTECTION OF TRAFFIC WHITE & SONS CONSTRUCTION, INC. BUCKLEN EQUIPMENT COMPANY, INC_ PIONEER',PAVING COMPANY SOUTHWAY CONSTRUCTION CO., INC. HURST CONSTRUCTION COMPANY `EBRETit, INCORPORATED CAT CONSTRUCTION,INC. &it?INEERS ESTIMATE ALL. S, 200. C e+, OCO. C 18, 000_ C 10, 000, C 27, 500. C 14, 000_' ( . 25, OCO. t 25, 000. i . A B U L A T ION OF . I D S ROUTE VARIOUS SCHEDULE A COLORADO OM -AD 300(26) • TATE COLORADO OUNTY LOGAN AND WELD 0$/17/9= PAGE. OPENED AT DENVER. COLORADO BY J. L. ROBINSON DATE AUGUST 16. 1994 2:00 P.M. TERMINI PROJECT N0. TYPE 0000+00.00 - 0000+00.00 CO OM -AD 300(26) E000 GRAVEL SURFACE COURSE LENGTH 34.730 MILES WIDTH 24` CONTRACTORS NAME WHITE & SONS CONSTRUCTION. INC. 28485 HIGHWAY 6 & 24 RIFLE. COLORADO 81650 SUCKLEN EQUIPMENT COMPANY, INC. 804 N. 75TH AVE. GREELEY, COLORADO 80631 PIONEER PAVING COMPANY P.O. BOX 976 PUEBLO, COLORADO_ 80012 SOUTHWAY CONSTRUCTION CO.. INC.' 117 WHITE PINE DR. LAMOSA..COLORADO $1101 URST CONSTRUCTION COMPANY P.O. ' DRAWER .630 STERLING, COLORADO 80751 N£BRETTE, INCORPORATED P.O. .`BOX 1764 NORTH PLATTE, NEBRASKA CAT CONSTRUCTION. INC.' P.O. BOX 257- WESTMINISTER COLORADO BOND BID AMOUN` SB 20. 0 PCT. 439.990. 0' SB 20.0 PCT. SB 20.0 PCT. SB 20.0 PCT.' SB 20.0 PCT: 442. 120. 0, 500. 700. 0 509, 567. 2 691, 250. 0 ABULATION RQUTS VARIOUS SCHEDULE A COLORADO- OM -AD 300(26) -INEERS ESTIMATE ERAL HIGHWAY ADMINISTRATION I CERTIFY THAT THIS BID TABULATION ACCURATELY REFLECTS BIDS RECEIVED AND PUBLICLY OPENED FOR THE CQNSTRUCTIDN THIS PROJECT. ASULAT I ON OF 3 i DS 03/17/8-- 1 ROUTE VARIOUS SCHEDULE A COLORADO OM -AD 300(26) •TEMIITEM NUMBER UNIT ITEM DESCRIPTION (WANT ITY UNIT PRICE AMOUI 10 C. S. EXTRA. AND MISCELLANEOUS WHITE & SONS CONSTRUCTION. INC. 3UCKLEN:EOUIPMENT COMPANY, INC., PIONEER'PAVING COMPANY 4OUTHWAY CONSTRUCTION CO.. HURST CONSTRUCTION COMPANY NEBRETTE. INCORPORATED CAT CONSTRUCTION, INC.' ENGINEERS ESTIMATE INC. WORK ALL 5, 000- 5. 000. , 5, 000. " 5: 000. 3, 000. •. 5, 000. 5. 000_ !' 3. 000- 305(01) ,NILE RECONDITIONING OF ROADBED WHITE & SONS CONSTRUCTION, INC_ 3UCKLEiN EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO... INC. HURST CONSTRUCTION COMPANY NEBRETTE, INCORPORATED .CAT CONSTRUCTION, INC. 01 NEER S ESTIMATE - 31:.) 2)TON GR.IVEL SURFACE COURSE. WHITE & SONS CONSTRUCTION, INC. SUCKLEN EQUIPMENT COMPANY,' INC. PIOPIEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO.. INC. HURST CONSTRUCTION COMPANY NEBRETTE. INCORPORATED CAT. CONSTRUCTION. INC. ENGINEERS , ,ESTIMATE 601(01) L. E. MOBILIZATION: WHITE & SONS CONSTRUCTION, INC. SUCKLEN EQUIPMENT COMPANY, INC. PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO. , INC. HURST CONSTRUCTION COMPANY NEBRETTE. :INCORPORATED: CAT CONSTRUCTION, INC. ENGINEERS ESTIMATE - - - - 3. 920 10. 000.. 00 1: 000. 00 2; COO. 00 1560.0 3, 000. 00 10, 200. 00 2.600. 00' 3, 000. CO 38, 200. 3.320. 7, 640. 7, 487. 11. 460. 38, 964. 9. 932. 11.460. GRADING F 78, 000 4. 66 5: 35 5: 77 5.' Sv 7. 83 11. 60 11. 90 6. 00 363,' 4$G. 417, 300_ 450, 060- 457, 080., 612, 300: 904, WO. 928, 200. ' 458, 000. 25, 000. 10, 000. 20, 000. 30, 000. 35..000_ , 30 000. 40, COO. 37, 540. A B U L A T ION OF IDS ROUTE- VARIOUS- SCHEDULE A, COLORADO -OM -AD 300(26) 08/17/84 a STEM ITEM ITEM NUMBER UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUN 635(22) L.S. MAINTENANCE AND PROTECTION OF TRAFFIC WHITE -& SONS CONSTRUCTION. INC. SUCKLEN EQUIPMENT COMPANY, INC.` PIONEER PAVING COMPANY SOUTHWAY CONSTRUCTION CO., INC. HURST-CONSTRUCTION COMPANY NEBRETTE, INCORPORATED CAT CONSTRUCTION, INC. ENGINEERS ESTIMATE ALL 8,200.c 6,000.c - 16. 000. 0 10.000.C 27,500.C 14,000.C 25,000.c 25,000.C ADULATION OF I D S ROUTE VARIOUS SCHEDULE A COLORADO OM -AD ; 200 (24) • 08/1716= PAGE IPINEERS ESTIMATE ERAL HIGHWAY ADMINISTRATION 547, 000. 0C I CERTIFY THAT THIS 3ID TABULATION ACCURATELY REFLECTS THE BIDS RECEIVED AND PUBLICLY OPENED FOR THE CONSTRUCTION O THIS PROJECT. _ SIGNED TITLE' CONTRACT AWARDED TO DATE: U.S 7EPARTMENT OF TRANSPORTATION rEDERA[HIGHWAY ADMIN05TRATION CENTRAL DIRECT FEDERAL DIVISION 555 ZANG ST., P.O: BOX 25246 DENVER, COLORADO 80225 - Weld County Board of Commissioners Weld County_ Centennial_Center P:O- Box 758 Greeley, Colorado 80631 SUBJECT: Colorado OM -AD 300(26) Missile Base Roads On May 7, 1985, the final inspection o£ the subject project was made with your representative in attendance. The project was found to be completed in substantial conformity with the contract. Final acceptance is contingent upon the concurrence of the cooperating agencies. Please indicate your approval and acceptance of the project by signing and returning'tbe original of this letter. Your prompt attention to this matter will facilitate final payment -to the contractor without undue delay.-, U.9 DEPARTMENT QF TRANSPORTP"ON _.FEDERAL HIGHWAY ADMINISTRATION CENTRAL DIRECT FEDERAL DIVISION 555 ZANG ST:, P.O. BOX 25266 DENVER,COLORADO 80225 Logan County'. Board of Commissioners Commissioners Office Logan County Court House Sterling, Colorado. 80751 Gentlemen, SUBJECT: Colorado OM -AD 300(26) Missile Base Roads On May 7, 1985, the final inspection of the subject project was made with your representative in attendance. The project was found to be completed in substantial conformity with the contract. Final acceptance of the project is contingent upon the concurrence of the cooperating agencies, Please indicate your approval and acceptance by signing and returning the original of this letter. Your prompt attention to this matter will facilitate final payment to the contractor without undue delay. lfgY 4trito TO': Sincerely, U.S DEPARTMENT OF TRANSPORTA'ON -FEDERAL HIGHWAY ADMINISTRATION. CENTRAL DIRECT FEDERAL DIVISION 555 ZANG'ST., P.O. BOX 25246 DENVER, COLORADO 80225 .'United States Air Force 90th Combat Support Group/DE' Francis E. Warren AFB 82005 Gentlemen, SUBJECT: Colorado OM -AD 300(26) Missile Base Roads May 7 1985 z. r n[.... r.+_ On May 7, 1985, the final inspection of the subject project was made with your representative in attendance. The project was found to be completed in substantial conformity with the contract. Final acceptance o£ the project is contingent upon the concurrence of the cooperating agencies. Please indicate your approval and acceptance of the project by signing and returning the original of this letter. Your prompt attention to this matter. will facilitate final payment to ,the contractor 'without undue delay. United States Air Force Endors ACCEPTED: Sine rely, Edward C. Hansen, Project Engineer JAMES W. TAYLOR, Colonel, USAF TITLE- Commander, 90 CES DATE 13 Mat 1985 Hey 10, 1985 HF8-16' White 5 Sons Construction, Inca 28485 NAY 6E24 Rifle, Colorado 81650 Gentlemen: Subject: Colorado OMAD 300(26), Missle Base Roads We are pleased to advise you that the work performed on the subject project has been satisfactorily completed in conformity with the plans and specifications. Final acceptance is effective on May 7, 1985, And contract time will be suspended close of business on that date. The final payment voucher in final settlement of the contract will be forwarded to you as soon as final quantities are verified by this office, and we have received acceptance letters from the cooperating agencies. -"\ Sincerely C. Houser Construction Engineer cc: Ed.Hanson D. Clark wc: heading File gc: circ. yc: Dixon/F1 File , DJCLARK:krn:5/10/83. FHWA 8-266 Rev. 2/81 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION Central Direct Federal Division TIME STATEMENT Project Colorado OM -AO 300(26), Missle_Base Roads Estimate No. 6 Contractor White.and Sons Construction, Inc. Contract No. DTFH68-84-C-90021 Total Days Charged to Contractor (See PR -1369 dated ) Calendar Days Allowed by Original Contract Time Extensions Allowed by Directives and Change Orders With Fixed pays Time Extensions Allowed under Subsection 108.06 for Overruns of>Contract 'Amounts Total Contract Time Allowed Percent of Total Time Elapsed 100% COMPUTATION -OF TIME ADJUSTMENT DUE TO OVERRUN OF TOTAL CONTRACT A45TT Final Contract Amount Plus Decrease in Original Contract /Amounts as Allowed by Change Orders and/or Directives (including unused portion of contingent sum items) Less Value of Change Orders and Directives Issued with Fixed Time Only Adjusted Final Contract -Amount Original Contract Amount Amount of Overrun Percent of Increase Increased; Time Allowed $ 470,684.37 4,488:41 S _0_ S 475,1+72.78 S 522,700.00 S " -0 0— Days 'rO' Iu0 M Q 4X _ro W d a CO el u 40 €0 . \ M .13 3 W 6� 7 lM+ • N y Y W~ q C 41 a M., a4-1 •4 � �. V rdOMM M el i 41. - Cart u O K +Y.. .t 41 4O O O? n C c 7 an M 'a .T n CO M �O rl. •�'Y 0 4S. C/ 7 41 Y• u u u 41 M W W v C • V1 in 7 •D u aV1 7.7.7N N V V CO U. N�NN i1 0 ? u 01 C 0r•I ro ro 14 M O t0 W M - 00 • 4/ d p Zi.. M v1 N /+ 41 1%. HCI O. As • O •-• tq to fr e4 d r Y ' �' a G • ^'c M Y 44 Ft O 7� u N W M t4 6 •0f a7 u E 0 L 4 �.0 u M u a+ d '1'4 1+ .c H Li O O �H w. .. :-. oa ,rt 44 a .4 I. > u C 41 y 14 At V1 ^ 1 _ At .p t tt, 'N o t .+ C 77 i N ch a N N. i _ in a 'N �. ..-4 o. CO W d y N !! N '1st R a rit CO 01 N •) UN r. CA - .. N a in ri in ‘ .. St O p in � 0 P. o r.o � CO N 0 o Irl ..p o F o N U a - d u M a tr. fa •O Win .s,- go. It Q N A v r' a v cn a •O O n d sal govio • N Z Z 0q4 Q O O t. vo-7 E F N - - U.S EPARTMENT OF TRANSPORTATION FEDERAL. HIGHWAY ADMINISTRATION CENTRAL DIRECT FEDERAL DIVISION Project Designation: COLORADO OM -AD 300(26) MISSLE BASE ROADS Type of Construction: GRAVEL SURFACE COURSE .Final Project Length: 34.764 MILES a..„.a xm.oty We. I Tram 4-2C00 T"�' to,.-n.- PIZLIC VOUCHER FOR PURCHASES AND•vOUCSait SERVICES OTHER THAN PERSONAL NO. u-S-.OE►AitimENT. BUREAU, O► ESTA,USHMENT AND LOCATION U.S. Department of Transportation GATE VOUCHER ME►/DIED 5/30/R5 SONDUIE NO , "ederal Highway Ad; nistration Central Direct Federal Division - CONTEACT *MOM AND DATE ATFH6R-R4-O40021. 4/6/R4 PAW sY 555 Zang Street, P.O. Box25246 Denver -'Colorado 80225 *MUNITION NUMMI AND DATE White & Sons Construction, Inca ►wrEPS NilwwE 28485 Hwy 6&24 ADDRED Rifle, Colorado 81650' " L J DAu INYO •..g MINEe Dest-m1NT TEEM y.. PAYEES ACCOUNT toPalet - Sur►YED fROM TO WEIGHT OOVEWMENT ►iL NUWEt NUMBER AND DATE or O6MR 40R DATE bF DELIVERY SERVICE ARTICLE -cal SEAVICES (firth dnertptta arm meths. a/ °.lacer of Fainal .apply Knish& and other ln/oMltfion Ansel Ammon; OUAN• UNIT PRICE AMO'.INT TRY COST PER Completed 5/7/85 ESTIMATE No. 6 - FINAL PAYMENT 0' C0NT\IACT In final. settlement and complete discharge obligations of the Government in connection Contract No. DTFH68-84- - 0021 for Colorado OM AD 300(26) Mi ile Base By: const^uctiol Roads. of wi`.h all - of , Titl E Date: — 30 ,...2r —S- ‘,.......,......, theeR« d necetary) (Payee antst NOT use the spec* below) T AL # ' 2,i� 14R 44 PAYMEN:. CI PROVNIONAi APPROVED FOR - - EXCHANGE RATE DIEHEFtKES is 58,148:99 _ 1.frD QcoMn EY E�l�/ETE {/ /! c. PARTIAL f. Charles' ft FY+AL R. Houser taw n• • ...watt tow O moons* 7 ADVANCE TITLE Construction Engineer • lStxawate or manly Perwant to authority vetted in .tie, I certify that this voucher is correct and props foe payment .Aar) 4tedoncol t:wum* O//. •vt• thaw - ACCOUNTING. CLASSHICAIIJN. A Amount ,shown on attached estimate sheet. 1[ Crt<Ca NUMBEit ON ACCOUNT Of U.S. TREASuet CNLW tw.MNY ON (Auer.' 4 howl, - t Q CAttN -.DATE - s - irratE 'a. • Mil., ...NV so masa m nntoes lawn MItIr assii tem ) , • li Ms etha ij hi :citify M1I watiwit) to ammo .t: asthma* ot .M� p1wu .t.. Ain, ..(OMw. ....: ..^ ......, t .ZIr2. IM acir Nf( icatT .DAR "Ss N V el. Pat- gaM.W- ..sere....tal: l.lh� •or Pt*.. ^ - - sie J rele nrr c Ir:Hella W vile epeecepems so wheal th .y a .. ..it i opt \M tlJPY .M unt11.`tw t .I N,--.41'..to h[ be nIW Jpp.y. I. ... <\Jn.la.- Le 1...'l .Ianlyut Iw. or 1.1 I.1l.1<IWM. i. Orell a. reauree.w so the lJtle 11(..11.. Jnielan.;OI . Tfr..ulrf . M Iht 11Y MI) Cr TOLE - J M1St. 1..:.-Qi-L I...:..: The information Hymned ACT STATEMENT regwned on tha form is required under the prov.sar.s el 31 U.'i.C. 821. and 82c, for the purpose of mthurtino federal money. The information requested .s to identify the ttottuolor <NCAO, and the omounts to be paid. 'aeon to furnish this information will hack( Ms:barge of tho payment obltyot,txl. O a g M 0 W C ADMINISTRATION 4 f;5 G 6 NATIONAL BANK IN RIFLE w DATED 09/05/84 an m n � O n9 S <�< tif1 i .t0 W CI o i b 0 0 V c r a S PERIOD. 04/16/85 N CC sg4 w 0 is 458, 148. 99 Z 0 4 s Zfr•ig sal W 3 W I Ziff r �f_ rail 9. 9. 0 _on w OmJC w a2Q' M < m !Isla; a � . 3,-E214111Op�� W14S W M 6 w g 01 w w%d4 0 nt CO 21 0 b; 1 Al w Z. c A W • E <' W¢ --- - ION ENOINEERr CDFD n 8 ri 0 ss _h rc o[i §W Z 0 ; 7 CO 1- 1 W I w , ti J 0+ j 1 Z 1 IC I Q', o�t PI a t W 1 ♦• , c r _a, Y. f f , W 1 W I 1 El 1 1 crl 1 1 11, 1 • 1 1 1 W 1 U1 3 =I g Cc 8 , $, p / O O w 1 1 4 s f ri I h r l 1 a 7 Q , a s .1 7i t :r a I 1 a I 1. OR PAY FACTOR O u 4 r1 8` a 1 1 at P 1 P t / . p� 1 8t A i 4 t t 1 ppa f 1 m ri 1 G r t . I g I Z ~ I O 1 a 1 O t W o i ra r' g • 1 0 I IL 5 I". I m 1 61 r~, 1 n.l rit -.r I n { r I r 1 I O I D- i 1 /- •0111. t < �t t. I L. .w 1 o. l 4 1 1 0 1 is- laI O a it O 1 a • 1 C1 IL a I I - 1 Y I . 0. I 1 q I 1 <0 7 zzQ 1 Z , O 1 W O I VS t [R » 1 1 d t CD 0 n c r W I +1 u +t I ILL I 12 , 1 Jr t0 1 1 1 • +W 1 - 81 BL. 'A J L ... P 1. p 1 m l 11ti t' lac t ti t ,0 1 { 1 1 IOit t • 1. +n is1 t 'b.. 1 hz1 / v 1 t t aW F.¢¢CI I. if:' CMt m 1 W 1. Owl r th:t 8' ` 42 81 8 1 I 6 1 §, ♦ 1. -� _. �..1 • A 1 O 1 F m l ca .J ( ', W J 1 1 0 I 0 1 p, 1 1' p 1 1 " 10: 1. 1 f 1 M 2 1 IG 1 t m c i I 1 . j e Vi 44gt G W mm • • Y' • m i g21 m V Y ‘I It 1 � . r . ii i ' I ID • o a .8 8 a '8. `3 � � • ^ I0. 8 8 a I n 8 8 8ca _ iI wI 0 2. ii FtM • or 0 8 0 0 8 8 '. .. sa re: ga S 0 o C 0 LL 8 H ul d G ,.. se 3 rg d5 & 1 y�� C el gx < aZ n m CO V J C W. 0 iGI i, VQ t Oy� 2 O 8 • a ; G , 0 a ~ ry ,2 t7 c ,5 a a W ,ot ? q 4 o> CO 8 I i m Ih I P1; I P �{ 1 ` . •- .� .� 2 !. I 8 ,41 n I; I FFI 17l in - - 1 Oi I (S Art 4* I I M h13 * I n I t 1 1 1 y} 1 t 1 J 1 1 • ` a aS.l 1 8 Z _01 q` 1 It h J 1 Iff 1 1 1 ~ . 1 1 O -. 1 C , 1 C 1 I _i U t I 1 I I 1 et p I i Y J 1 A _ I I C I ? -I I < i 8 $ $ 8 - t i • 1 I «rill1 I :.1. 1 aI Il411 • I 17 t 8 I. G iii< Si g �_ IY III ' I j i 1 FINAL ACCEPTANCE REPORT REGION DATE ACCEPTED FROM CONTRACTOR 16 May 7, 1985 STATE PROJECT NUMBER CO OM -AD 300(26) REPORT j fATE 11" ..--VTio --& l 6/5/85 PROJECT NAME Missile Base Roads CERTIFICATION: The work on this project has been administered and/or inspected in accordance with prescribed procedures and methods, and all work has been completed in reasonably close conformity with the approved plans and spec- ifications, including authorised changes. Test results of acceptance samples indicate that the materials incorporated in the construction work were in reasonably close conformity with the approved plans and specifications, and such results compare closely with the results of independent assurance sampling and testing. All known disputes/claims with the contractor, except those listed as resarvat;cos on the -final voucher, have been resolved and documented. A final inspection was made on kY 7. 1985 , and all items noted have been satisfactorily resolved. d iy • • • . 3'•a:,x &S" V. • m • • rt Typical Weld County Routes • r r F I • { rY a r oilir"" • Typical Weld County Routes • • • Gravel Pit and Crusher, Weld County Gravel Pit and Crusher, Weld County • ', f ?YW - ,,,„:„.,.,.2.,,....,„., rt ,,��::��..e f . v � %. ? n.t � 1l. J k F 1t Kt /' A t< �' axe( �/ a .'�eY_ ; ._ L`{ .c e 4 c : 4li �� '.,f;„',4:?:-?"..i..: s e ll is x I '►� / . r wrt. 1 =sue `% • .-- ►� ' -, 4,4 g� .q ..p ..),.IMit it -0.. 'k" . ,....."4.x.. . .\� e y '�, Crusher and Stacker 0 • -,. a - iy. % .-4S. � . at 1 • „ I lit • .'";•'' .,, 4; t a WA ?xL; 4•y f ,. - vy2Y t y leit .{� :kyle AJ 4"`a j R 6 ' • 1. l r � A ; . ^ l &iY O x > i .. t ' �Y7.y,oY r. t , IA.` ! i[r, {�y+�•• ,, a ri i. � ..l I � y • Crusher and Stacker STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION IIIMSION. DAVID C. SMELTON, Director June 8, 1987 Meld County Commissioners 915 10th Street - Greeley; Colorado 80631 LAIN .1 01987 %5.SQ RE: Keenesburg Mine -'Bond Release Proposed Decision - File No: C-81-028: Dear Sirs_ The Colorado Mined Land Reclamation Division has issued a proposed decision for partial bond release for 111 acres of state and private land at the Keenesburg Mine; operated by Coors Energy Company (the permittee): Coors Energy Company has successfully completed backfilling, regrading and drainage control in accordance with their approved reclamation plan: Our current review of the Keenesburg Mine performance bond indicates that the bond is adequate to cover the cost of all current and anticipated reclamation activities: No release of bond amount will occur at this time: A reduction in the bond amount may occur after the permittee has demonstrated successful revegetation on the 111 acres and upon completion of backfilling and grading of remaining, strips in Pit A. Please let me know if you have any questions on our bond release decision: Thank you: Sincerely; • Thomas A::Schreiner Reclamation Specialist TAS/sak 0313F ee Y' 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866 -3587 —act o MTc( X15 18 -[flay ikkuitain News Sea, May 31; 198/, Demo, Coto Gunnison proposal could delay docislon on Two Forks dam BY JANET DAY News Environmental Writer The environmental study of the proposed Two Forks dnm. already four years In the making. could he delayer) for months or even years more while a proposed water pro- ject near Gunnison is assessed. "It's possible it could halt the Two Forks process it it matches the criteria and needs to be evalu- ated as an alternative," said Rich- ard Gorton. chief of the, Army Corps of Engineers environmental analysis branch in Omaha. TICE CORPS has spent an un- precedented {37 million studying the Denver areas water system and six proposals to increase water supplies by damming the South Platte River_ One of those propos- als is Two Forks dam. Neglected by the study Is a pro- Uosed reservoir project in the nion Park area near Gunnison. If it meets federal criteria but is not included in the environmental Study under way, Gorton said, "there is a real legal question con- cerning whether (federal laws) have been satisfied." "We're confident it will be clear that we are a more cost-effective, environmentally sound alternative to Two Forks," said Allen "Dave" Duller, president of Natural Ener- gy Resources Co., the Union Park backers. BUT DENVER water Officials, who want to build Two Forks, say the Union Park project has too many flaws to he considered a se- rious alternative, and a supple- mental environmental study is not Rerded, 'The Information we have sug- gesis Union Park will fall into the same category where the corps put the other projects thatwere sug- gested but didn't appear to have any reasonable cronotnie Icas16i1-- ilv;'. Bald Stever, Work, .Denver water Department project manag- er for Two Folks. Ultimately. the corps and U.S. Forest Service will decide the is- sue. Millet and his consultants, who :gong with other project backers have supplied about $3 million for project studies- will travel to Oma- ha next month to make their pitch to the corps. The corps study came about be- cause the Denver Water Depart- ment and 42 suburban water pro- viders want to build a giant dam and reservoir at the confluence of the South Platte River and its north fork. They say the Two Forks dam would meet the Denver area's growing water needs for the next 12 years. Western Slope interests also op- pose Two Forks. fearing that be- cause it would be used to store Western Slope water, It would dry up streams and rivers there solely to benefit an ever-growing metro- politan area. Union Park backers say their project would benefit both the Western Slone and the Front 'large, They alas env It would be cheaper and cause less environ- mental damage than Two Forks or the Aurora- Colorado Sprinp pro- posal to expand the Iforn stake water project in Engle County Into a fragile wilderness area. THE UNION Park idea began In 1482, when a group of retired engi- neers from the Bureau of Land Management developed a plan for a large darn at 10,000 feet on the Continental Divide north of the towns of Gunnison and Almont. The project would use nearby Taylor Park Reservoir to collect flood flows and pump them to the Union Park reservoir for storage. During dry years,'. the grater would be transported through 42 miles of tunnels and pipes to Denier's An- teroReservoir. By storing floodwaters from wet years for use during dry years, the Union Park project would main - fain stream flows through wet and dry. years :Pike in the Gunnison, Arkansas and Platte river basins. 'r - lareAu o_F. � Ree tit tmi7' oAt ttd 1,2-ts-s NATURAL ENERGY RESOURCES COMPANY TO:, Colorado River'Water Conservation District and Other -Objectors RE: Application For Water Rights, Union Park Water Supply Project, Water Division No. 4, Case No. 86CW226. Dear Objectors: As applicant for subject water rights, Natural Energy Resources Company (NECO) hereby respectfully requests reconsideration of your recent joint decision to litigate instead of negotiate. Since late 1985, NECO has publicly represented Union Park as a unique site -specific power and stater conservation project for all of Colorado. This very large, 900,000 to 1.1 million acre feet reservoir on the Continental Divide will provide a very valuable "dry year" water supply for three of Colorado's largest river drainages -- South Platte, Arkansas, and Gunnison. The concept involves collection and storage of surplus flood waters that are currently being lost by Colorado to down river states, waters Colorado is entitled to under the Colorado River Compact- These flood waters are not being beneficially used in spite of the policies of all modern Colorado governors, who have encouraged water conservation projects such as Union Park. The Union Park Water Supply Project is specifically designed to not impact senior water rights. In fact, it has the potential of substantially enhancing existing water rights in all three drainages with its unique ability to guarantee adequate river flows and water supplies for cities, irrigation, recreation, fish, and wildlife, even under multiple drought year conditions. The ultimate test of any water conservation system is its capability during extreme drought situations. In this regard, we believe the U. S. Army Corps of Engineers' current evaluation will soon show Union Park can substantially outperform any large water supply project evercontemplated' for Colorado, ,from both a cost effectiveness and environmental viewpoint. In addition,peak power sales to other states could potentially pay for most of this Colorado water supply system. In recent years, good progress has been made in reducing the historic water animosity between our East and West Slopes. As everyone has hopefully learned, litigation is a costly, inefficient process that only tends to worsen the historic socioeconomic and environmental differences within our great state. We sincerely believe the best approach by far is for all parties to negotiate and cooperate in good faith, Instead Mf Front Range cities getting -most of the benefits, Union -Park' should be operated` to produce important benefits for the entire state: - including the West Slope- and the environment. If properly handled, Union -Park can help unify and promote economic and natural resource development throughout the state_ P.O. Box 567 • Palmer Lake, Colorado 80133 - (303) 481.2003 In lieu of the "judicial tail" wagging the "Colorado water resources dog", suggest we all meet soon to discuss ways to best organize a negotiating effort that will result in equitable benefits for all objectors and other interests. If you agree with this approach, NECO would be honored to organize the first meeting and briefing in coordination with your collective suggestions. On the other hand; a state ,agency may wish to assume the organizing role, since Union Park has major statewide natural resourceimplications. Please advise as soon as possible. Sincerely, P. S. Union Park -was recently briefed to the: Environmental Caucus Executive Committee, and we believe the concept was well received. ADM/bm cc: Governor Romer,. Water Divison_No. 4, Corps of Engineers, and other local, state and federal officials. NATURAL ENERGY RESOURCES COMPANY Governor Roy Romer and Colorado State Legislators State Capitol Building Denver, CO., '80203 - Subject: Colorado's Position On Two Forks Dam Dear Governor Romer and Legislators: The state's official comments on the Metropolitan Denver Water Supply Draft Environmental Impact Statement (DEIS) provided -a good summary of the technical inadequacies of the study. However, the larger issues were not addressed regarding the failure to consider several more cost effective alternatives that are less damaging to the environment than Two Forks Dam. Apparently, the state does not currently intend to take a, position on Two Forks vis-a-vis other alternatives that will better serve Colorado and its environment. This approach is in sharp contrast to the Environmental Protection Agency's (EPA) official evaluation which has rejected the DEIS, largely because of its inadequate consideration of various structural and nonstructural alternatives. The. EPA should be commended for its courage to resist pressures to approve Two Forks without first considering -other viable ways to meet Metro Denver's future water requirements. The Corps of .Engineers .has now agreed to evaluate the most promising alternatives before the Final EIS is released. This important decision gives: Colorado agencies another opportunity to take a state position on the relative merits of Two Forks. The Colorado Water Conservation Board and the Development Authority were established by promote the best uses of Colorado's water agencies have not been involved with the Two will impact both slopes and is Colorado's project ever, these state agencies and the should be heavily involved in 'the alternative Colorado Water Resources and Power the Legislature to identify and resources. Surprisingly, these Forks evaluation. Since Two Forks largest, most controversial water Department of Natural Resources (s) selected. State officials have a responsibility to the people of Colorado to effectively manage our water resources with the least environmental impact. These officials should not be reluctant to participate in a major resource decision that may be contrary to the 20 year solution of the Denver Water Department. This is especially true since superior alternatives are readily available.' Sincerly, Allen D. (Dave) Miller President ADM/bm cc: EPA, Corps of Engineers, other local, state, & federal officials P n P,.: Cn7 - Pa!na,r 131 a {3031 1S1 7003 a. O N c 3 - 0 , .• fiaO ; 3 • C oI N 70 _ '. R . a .r ' girt , •••.1 • d Z rt , 3 • owe'Q . v __-. i ? . I � ..... , < ISMS ,'t1) so., O ' I C o ie0 r+ 1 4...• I0,, L N ` n ' I N al ' NATURAL ENERGY RESOURCES COMPANY County Commissioners - Eagle County P.O. Box 850 Eagle, CO. —81631-- 0r. Warren Hern Holy Cross Wilderness Defense 1130 Alpine .Street - Boulder, CO. 80302 Subject: Alternative,To Homestake Gentlemen April 2, 1987 Mayor Robert M. Isaac City' of Colorado Springs R_0--:.8ox 1575-- . . -- Colorado Springs, CO. 80901' Mayor Dennis Champine City of Aurora - 1470 South Havana Street Aurora, CO. 80013 Water Supply System As a compromise solution to'the-controversial Homestake II'concept, suggest you consider the Union Park Water SupplyProject from the Upper Gunnison Basin. As indicated in_the,attached letter from one of our country's. largest international engineering firms, Union---Park:can- initially,increase the safe annual water yield of the Denver area system by"155,000 acre feet for about half the per acre foot cost of Homestake--Id---o"r. Two Forks Dam. The environment may, actually be enhanced, since Union Park..only pumps surplus flood water into the - high altitude, 900,.000 acre feet -Union Park Reservoir for later gravity release to the Platte. Arkansas, -and Gunnison Rivers. These releases -will only be made: - to both slopes in the critical dry -periods when water is needed, and the river` ecosystems are endangered. There are no -wilderness areas involved. The Union Park conduit can readily deliver some of this water to Colorado Springs via their existing Blue River, Upper'Homestake and Fountain Valley pipelines. The Upper Gunnison Basin has„:never been tapped fora transmountain diversion,.- even though numerous studies have shown it has large quantities of surplus flood waters that are currently being lost by Colorado to the down river states. Several recent Colorado governors have had policies to" encourage effective water Projects ;that would save more of. Colorado's water -for in state use. There are already nine major water tunnels ta` the East. Slope; _that are-"dewatering" the, Eagle River and other tributaries of the Upper Colorado, while the wetter Upper.- Gunnison is being completely ignored. Homestake II and -Two Forks further exacerbate this situation: Union Park can put -some needed -balance into Colorado's water supply scene, while• conserving the -state's water, -the citizens' money, and our precious environment_ ADM/bm Encl: Ebasco'Letter, March 24, 1987 cc: Governor Romer and other local, state, and federal officials P.O. Box 567 . Palmer Lake, Colorado 80133 • (3031481-2003 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 15, 1987 TAPE 187-43 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, June 15, 1987, at she hour of 9:00 A.M. ROLL COLT: MINUTES: 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 Gordon E. Lacy, Chairman Commissioner C.W.-Kirby, Pro —Tam Commiseionar Gene Brentner: Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Tommie Antnna Commissioner Johnson moved to approve the minutes of the Board of County Commissioners meeting of June 8, 1987, as printed. Commissioner Brantner seconded the motion and it carried with Commissioner Iaaaguchi abstaining because he was excused from -said westing. ADDITIONS: Chairmen.Lacy added as Item 116 under New Buainess - Consider Resolution re: Declare State of Emergency Concerning Tire Mountain Fire Near Rudson. CONSENT AGENDA: Commissioner Kirby moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion and it carried unanimously. CONNISSIONER COORDINATOR REPORTS: Commissioner Kirby reported on the Tire Mountain fire, which was started by lightning last week. Re said personnel of the Road and Bridge Department spent many hours working at the site. The Board commended all County employeas who provided their services during this. emergency. Don Warden presented the following warrantsforapproval by the ;Board• Handwritten warrants: Social Services 519.00 Payroll correction 417,548.87 (read into the record at June 3 meeting as 417,549.76) Commissioner Yamaguchi moved to approve -the warrants and the correction air ,presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. C o o V i BUSINESS: NEW: CONSIDER REQUEST FOR FIREWORKS DISPLAY LICENSE FROM EUGENE RUSSELL IN HILL -N -PARK: Commissioner Johnson moved to approve this request for a Fireworks Display License from Eugene Russell. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER RESOLUTIONS RE: TEMPORARY CLOSURE OF WCR 84 BETWEEN WCR 43 b 45; WCR 13 BETWEEN WCR 46 & STATE HWY 60; WCR 64 BETWEEN U.S. HWY 85 b 1ST AVENUE; AND WCR 3 BETWEEN WCR 42 b 44: Commissioner Kirby moved to approve the four Resolutions concerning the temporary closure of the above named roads. Commissioner Johnson seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR AMBULANCE SERVICE, IN AMOUNT OF $9,437.49: Commissioner Johnson moved to approve this Resolution. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER AGREEMENT WITH DAVE BASHOR FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirby moved to approve the Agreement with Dave Bashor for the use of soil and/or gravel for road purposes and authorize the Chairman to sign. Commissioner Yamaguchi seconded the motion which carried unanimously. CONSIDER GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. ON S}NE}, 525, T5N, R66W AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said this document had been reviewed by his office and found to be in order. Commissioner Johnson moved to approve this Gas Division Order from Associated Natural Gas, Inc. and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kirby, carried unanimously. CONSIDER GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. ON NE}NW}, 535, T5N, R66W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said his office had found this Division Order to be in order. Commissioner Kirby moved for approval of this Gas Division Order from Associated Natural Gas, Inc. and authorization for Chairman to sign. Commissioner Johnson seconded the motion and it carried unanimously. CONSIDER GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC. ON N}SE} 525, T5N, R66W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said this Division Order vas found to be correct as submitted. Commissioner Johnson moved to approve said Gas Division Order from Associated Natural Gas, Inc. and authorize the Chairman to sign. Tha motion was seconded by Commissioner Brantner and carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENT OF ERNEST ROSS TO THE PLANNING COMMISSION: Commissioner Brantner moved to approve the Resolution concerning the appointment of Ernest Ross to the Planning Commission. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENT OF KEVIN SHIRONKA TO THE BUILDING TRADES ADVISORY BOARD: Commissioner Brantcer moved to approve this Resolution appointing Kevin Shironka to the Building Trades Advisory Board.. Commissioner Kirby seconded the motion end it"carried unanimously. i Minutes - June 15, 1987 Page 2 CONSIDER RESOLUTION RE: REAPPOINTMENTS TO PFATTH BOARD: Commissioner Johnson moved to approve this Resolution concerning the reappointment of Vicki Edmiston and Dale Peters to the Health Board. The motion, which was seconded by Commissioner Brantner, carried unanimously. CONSIDER AMENDMENT TO FY '85 MASTER CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing Human Resources, explained the amendment and said it is to incorporate the discretionary dollars received from the Governor's Job Training Office. Commissioner Johnson moved to approve the Amendment to PY '85 Master Contract and authorize the Chairman to sign. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER LEASE AGREEMENT BETWEEN MIGRANT HEAD START AND OUR LADY OF PEACE CHURCH AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker presented this item to the Board, saying Our Lady of Peace Church will provide classroom and storage space to the Migrant Head Start Program from June 15 through July 31, 1987. Commissioner Johnson moved to approve said Lease Agreement and authorize the Chairman to sign. Seconded by Commissioner Brantner, the motion carried unanimously. FINAL READING OF ORDINANCE #84-G, IN MATTER OF AMENDING ORDINANCE #84-F AND SETTING FEES FOR PERMITS ISSUED BY WC ENGiNZEK: Commissioner Brantner moved to have this Ordinance read into the record by title only. Commissioner Kirby seconded the motion and it carried unanimously. Mr. David read the title into the record. Commissioner Johnson moved to approve Ordinance f84 -G, In Matter of Amending Ordinance #84-F and Setting Fees For Permits Issued by Weld County Engineer, on final reading and direct the Clerk to the Board to have published forthwith. The motion, which was seconded by Commissioner Brantner, carried unanimously. There was no public testimony offered concerning this Ordinance. CONSIDER APPOINTMENT OF MARY L. CRUMBAICER-S1CLTH AS Insult DISTRICT ATTORNEY: Commissioner Johnson moved to approve the appointment of Mary L. Crumbaker—Smith as Deputy District Attorney. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER AGREEMENT WITH MONFORT OF COLORADO, INC. FOR SALE AND PURCHASE OF REAL ESTATE AND AUTHORIZE CHAIRMAN TO SIGN: This item was explained to the Board by Don Warden. Mr. Warden said this real estate will be used for future County facilities and gravel reserves. He said the site, which contains approximately 180 acres, is located adjacent to the Engineering building on North 11th Avenue. Commissioner Kirby moved to approve the Agreement with Monfort of Colorado, Inc. for sale and purchase of real estate and authorize the Chairman to sign. Commissioner Yamaguchi seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: DECLARE STATE OF EMERGENCY CONCERNING TIRE MOUNTAIN FIRE NEAR HUDSON: Mr. Warden read this Resolution into the record. Commissioner Johnson moved to approve said Resolution. Seconded by Commissioner Brantner, the motion carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICE - ASSESSOR'S OFFICE b ROAD AND BRIDGE EMPLOYEES: Chairman lacy read into the record the Certificates of Appreciation and presented them to Harold Fahrenbruch and Joy Fox,; retiring from the Assessor's Office; and Bruce Brotemarkle, who is retiring from the Road and Bridge Department. Minutes — June 15, 1987 Page 3 PLANNING: RELEASE OF COMPLIANCE SECURITY - SUNSHINE VALLEY PETROLEUM CORPORATION: Keith Schuett, representing the Planning Department, presented this matter to the Board. Mr. Schuett said a $30,000 security is being held concerning an Amended USA issued to Sunshine Valley Petroleum Corporation. The Planning Department, after inspection, has determined that the applicant is in compliance with the approved Development Standards for the IISR permit and is now requesting release of $25,000 of the compliance security. Mr. Schuett said the Planning staff's recommendation is to grant the request to release $25,000 and retain $5,000 security until all wells are capped. Commissioner Brentuer moved to accept the recommendation of the Planning staff in total. Seconded by Commissioner Kirby, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance 684-G was approved on final reading 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 9.25 A.M. Weld County Clerk and Recorder and Clerk to the Board Co y eput CI APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CO G C.W. Kirby, Pro -T e R. Brantner %,�� efattt Minutes - Jnne 15, 1987 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, June 17, 1987 Tape #87-43 ROLL CALL: Gordon E. Lacy, Chairman C.W., Rirby, Pro-Tem Gene R. Brantner Jacqueline Johnson Frank Yamaguchi MINUTES: Approval of minutes of June 15, 1987 :ADDITIONS TO AGENDA: Item 43underNew: Business: Consider Migrant Head Start Expansion Grant APPROVAL OF CONSENT AGENDA: PROCLAMATION: 1) Proclaim June -28 --July 4, 1987, as Greeley Independence Stampeda Weak , COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: (Bette Rhoden) BUSINESS: OLD: 1) Approve pavement rehabilitation, 2nd contract - Road & Bridge 2) Approve design of Bridge 15/44B - Road & Bridge (cont. from 6/3/87) 3) Changs; Ordsr forTed Ritzman & Sons` r 1987 Prospect Valley gravel hauling NEW: 1) Consider disbursement of monies for Veterans Service for Nay 2) Consider request for railroad crossing signals onVCR 16 PLANNING: " 1) ZFMH 41298 - Robertson APPOINTMENTS: HEARINGS: Jun 22 Work Session Tun 22 - NCMC Board of Trustees Jun 23 Health Board Jun 23 - Housing Authority Jun 25 - Human Resources Advisory Board Jun 26 - Centennial Development Services, Inc. 1:30 PM 4:00 FM 9.30 AM 11:30 AM 8:30 AM 8:00 AM Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (S}SW}, 67-8-18) 2:00 PM Jun 17 - USR, Single family residence on parcel of land under minimum lot size, Thomas McCauley (N$NW}, 67-8-18) 2:00 PM Jun 24 - Show Cause Hearing, MS Corporation (cont. from 6/3/87) 9:00 AM Jun 24 - Creation o£ Local Improvement District #1987-1, Weld County Indianhead Subdivision 2:00 PM Jun 24 - USR, Single family residence on parcel of land less than minimum lot size, Chad & Jaymie Noland (Pt.N}SW}, 67-8-7) 2:00 FM Jun 24 - USR, Single family residence on parcel of land leas than minimum lot size, Chad & Jaymie Noland (PL.N}TW}, 67-8-7) 2:00 PM Jun 24 - USR, Single family residence on parcel of land leas than minimum lot size, Chad & Jaymie Noland (Pt.S}NW}, 67-8-7) 2:00 PM Jun 24 - USR, Agricultural business, Butcher Block Cattle Co. 2:00 PM Jul 1 - Amendments to WC Building Code Ordinance 2:00 PM Jul 1 - Amendments to WC Zoning Ordinance 2:00 PM Jul 1 - USR, Church in A (Agricultural) Zone District, Galeton Community Church 2:00 PM Jul 1 - DSR, Use similar to uses listed as CSR's in A (Agricultural) Zone District, Sam Parker 2:00 PM Jul 1 - USR, Auto salvage yard, Erie Road Joint denture 2:00 PM Jul 8 - USR, Suckle Farms (cont. from 6/3/87) 2:00 PM Jul 15 - COZ, A to PUD, Cecil W. Ring (cont. from 5/13/87) 2:00 PM Jul 15 - USR, Commercial welding shop in Agricultural Zone District, Shawn C. Elworthy 2:00 PM Jul 22 - Hotel/Restaurant Liquor License application, with extended hours - MJB Enterprises, Inc., dba Cafe Potage of Longmont 2:00 PM Jul 22 - COZ, A.to C-3, R & R Hot Shot Service 2:00 PM REPORTS: _ 1) George Goodell, Road & Bridge Director, re: Opening of WCR 54 & WCR 84 COMMUNICATIONS: 1) Division of Property Taxation Applications #86-365; #86-I26; #86-187; & #87-22 through #87-24 2) Notice of Claim re: Bobby J. & Betty A. Akers 3) Northern Colo. Water Conservancy District - Water Summary Info. 4) Nuclear Regulatory Commission re: Fort St. Vrain and Federal Register - Vol. 52, No. '97"(available in Clerk.to Board's Office) 5) Natural: Energy Resources Co. re: Union Park Water Supply Project 6) State Dept. of Health "re: Proposed changes to Solid Wastes Disposal Sites and Facilities Regulations PLANNING STAFF 1)' APPROVALS: 2) 3) 4) 5) 6) 7) 8) RE #1014 — Harkis RE #1015 - Dvorak` RE #1016 - Evans RE #10I7 Austin' SE, #313 Craver SE'#314 - Haldridge SE #315 - Wolfe ZPMH #1299'- Morris Resolutions listed on Page 2 -of Consent Agenda CONSENT AGENDA Page 2 RESOLUTIONS: * 1) Approve request from Eugene Russell in Hill -N -Park for Fireworks Display License * 2) Approve Agreement with Dave Bashor for use of soil and/or gravel for road purposes * 3) Approve Gas Division Order from Associated Natural Gas, Inc. on S}NE}, 525., T5N, R66W * 4) Approve Gas Division Order from Associated Natural Gas, Inc. on NE}NW}, 535, T5N, R66W * 5) Approve Gas Division Order from Associated Natural Gas, Inc. on NISEI, S25, T5N, R66W * 6) Approve Agreement with Monfort of Colorado, Inc. for sale and purchase of real estate * 7) Approve Release of Compliance Security - Sunshine Valley Petroleum Corporation * 8) Approve 3.2Z Beer License for Eugene Russell; dba The Little Store * 9) Approve disbursement of monies for Veterans Service for May * 10) Approve 3.2K Beer License for John Martinez, dba Gill Recreation Center PROCLAMATION: * 1) June 28 — July 4, 1987, as Greeley Independence Stampede Week CHANGE ORDER: * 1) Ted Kitzman 6 Sons - 1987 Prospect Valley gravel hauling RE: APPROVE FIREWORKS DISPLAY LICENSE FOR EUGENE RUSSELL ON THE 4TH DAY OF JULY, 1987 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 12-28-103, CRS, as amended, permits- Geld County to grant permits for public displays of fireworks by organizations and groups, -and WHEREAS, Eugene Russell, for the Hill -N -Park community, has applied fora Fireworks Display -License for July 4 1987, with the display to take place in Hi11-N-Park, and WHEREAS . the Board, after review and consideration, deems it appropriate to grant said License. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Eugene Russell, for the Hill -N -Park community, be, and hereby is, granted Fireworks License No. 74 for July 4, 1987, subject to approval by the Weld County Sheri if's Of£ice; approval by the fire protection districts and the posting ofa $1,000.00 bond or other proof of adequate insurance. The -above and foregoing Resolution was, on motion duly made and seconded, adopted by the -following vote on the 15th day of June, A.D., 1987. ATTEST: weld County clerk and Recorder and Clerk to the Board puty County APPRO D AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COOLO C.W. ir.y, Pro em kat 46-10,4_ ene R. Brantner EXCUSED DATE OF -SIGNING - AYE FrankYamaguchi -SD 7..../✓c'e.c. 870477 870477 ley F .-rte---- .`! Y dit /3k' � C v /Jiro-- --/ 67,0esie &,,,,_mil �.�v(14 s yam- c 4 ,„..tai- ..,/,:,.... ,oc„,/,.., 4% /cwt 0 f 21,_ an- - v s ,o -'ate, .... ,,,,, 1 .,_,1„ ,,p a Yel AL ad 370477 THIS LICENSE WAS -MAILED WITH THE 3:2% BEER LICENSE FOR EUGENE RUSSELL. D/B/A- THE LITTLE STORE (LC021) RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES BETWEEN WELD COUNTY AND DAVE BASHOR 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 theauthorityof administering the affairs of Weld County, Colorado, and WHEREAS, Weld County is in need of soil and/or gravel for the construction of County roads, and WHEREAS, the Board has been presented with an Agreement between Weld County and Dave Bashor for the use of soil and/or gravel for road purposes, and WHEREAS, the terms and conditions are as stated in said Agreement, a copy of which. is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deeps it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between weld County and Dave Bashor for the use of soil and/or gravel for road purposes be, and hereby is, approved.. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the. -15th day of June, A.D., 1987. • 1,10t (f 2�a� 4\illT ATTEST: Weld County Clerk and Recorder and Clerk, to the Board APPROVED AS TO FORM: County Attorney' BOARD OF COUNTY COMMISSIONERS WELD' CO Gorda al x an C.W. Kirby, Pro.. -hem l Seat ene R. Brantne e Jo•n Vv�n� EXCUSED DATE OF SIGNING:- AYE Frank YamaguCEi O006 � 870475 AGREEMENT FOR USE OF SOIL AND OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made this 11th day of May , 1987, by and between Dave Bashor, 56971 Weld County Road 87, Grover, Colorado 80729 hereinafter referred to as Owner, of Bashor Pit - SW4 Sec. 18, 710N, R61W, Weld County Roads 87 and 116 and the WELD COUNTY ENGINEERING DEPARTMENT, for the .benefit and on behalf of,the Board of County Commissioners, Weld County, Colorado, hereinafter referred to as -Weld -County. WHEREAS, Weld County is in need of soil and or gravel for the construction of county roads, and, WHEREAS,' Owner owns certain land on which:there for use inconstructionof county roads. NOW, THEREFORE, Owner and Weld County agree that -Weld -County may use its equip- ment to remove the soil and, or gravel from Owner's land. Owner and Weld County also agree to the following provisions (if none, write none): Weld County Will pay the owner $0.40 per cu. yd.. for material removed from said owner's land. Weld County will be responsible for any permits needed. Weld Conuty.t"lerk:and Recorder and Clerk'_tio . the Bo;� eputy County erk 870475 ADDITIONAL PROVISIONS 1. Term of Agreement. The term of this agreement shall be from the date of execution to and until 3 -years later, unless sooner terminated in writing by either party. Said notice of termination must be received at least ten (10) days prior to the stated date of termination. 2. Property Description. The Owner -hereby agrees to grant to the County the right to enter .the following described property situation in Weld County, Colorado Bash= Pit - sw% sec. 18, T10N, R61W at weld Cotntg Roads -87 and 116 Royalty on Sand and Gravel.. The County of -$0.40 per cu. yd. removedduring the term of this':lease. monthly basis for material removed. agrees to pay the Owner a royalty for all material Such royalty is to be paid on a . Access. The Owner agrees to provide land for haul road and direct access to the work area. The County agrees to construct and maintain said haul road in good condition and to obliterate haul road at termination of this agreement. Books and Records. The County agrees to keep accurate records.of material removed from said described lands and'wi11, at all reasonable times, make said records -available to Gwner for their inspection, . Notices, Any notice of termination or other demand by the Owner or the County shall be ;in writing and.forwarded by certified mail the following address: Owner- ave Bashor 56971 Weld County Road 87 County: Graver, Ca 80729 rlEfD axnary Engineering Department P. O. BOX 758 Greeley, CO 80632-0758 9'7'O4'75 (4; vt,t4 111111e COLORADO mEmoRMum Clerk to the Board Data June 5> 1987 From, George.. Goodell;:Director, Road and Bridge Department Subject -"Agreement for Use of Soil and or Gravel for Road!Purposes" Attached is a signed agreement for the Bashor Gravel Pit. Please place this on an upcoming Board Meeting`s Agenda for signature. -Please return a copy of the signed agreement for Dave Bashor; we will get the copy to him. Thank you: GG/dm Encl.. cc: Commissioner Bill Kirby Engineering and Road and Bridge Bashor Gravel Pit files R;`& B Correspondence:Gravel Pits 870475 RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC., P.O. BOX 5493, DENVER, COLORADO 80217, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Coloradostatute and the Weld County Home Rule Charter' .ia vested with the authority of administering the Affairsof Weld County, Colorado, -and WHEREAS, Weld County, `Colorado, is the' holder lease with W.G. Van Bebber,=and WHEREAS, said lease covers land more' particularly_ described as follows Township'5 North, Range 66 West, 6th P.M. Section 25• ShNE�t Weld County,' Colorado WHEREAS, -Associated Natural Gas, Inc., has submitted a Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a one -eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest,- Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference,. and WHEREAS, said Division Order has been reviewed- by the Weld County Attorney, Thomas O. David., and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas Division Order as submitted by Associated Natural Gas, Inc., P.O. Box 5493, Denver, Colorado 80217, on the_hereinabove described parcel of land be, and hereby is,.approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby -As, authorized-to.'sign said Division Order. zti067, 9 870473 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987. EXCUSED DATE OF SIGNING - AYE Prank Yamaguchi GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department • Lease No 11 £7 Date April 30. 1987 The undersigned, and eachofus. Certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests in the proceeds derived from the sale of Gas produced and saved from the Wass #6" lease or unit located M tM County or Parish of " Weld .. State of Col orado . more particularly deecribedas follows: _ Township 5 North'- Range 66 West; 6th' P.M: Section 25: SINE - 25363 Weld County, Colorado Board of County Cotrmissloners 12.5% RI x 2.35/80 .0036719 electives/km date of first purchase ma umy further noyee you are hereby authorized to take or retain poaaassien of au Gee from said propmty(iea) on and after the effective day and to give credit as set forth above for all proceeds derived from the sale of Gas from sad Proper O'S suniact to the conditions, -comronants and directions set out below: - FIRST: it is understood that the Gas produced from the above -described property(ies) is being sold under that certain Gas Purchase and Processing Agreement dated Oprrmhe r 31 19x5 .between Elk Exploration. Inca as "Seller and Associated Natural Gas, Inc- as 'Buyer, and that all terms and covenants contained therein, and in any amendments. extensions, or renewals thereof shall govern and be binding. upon the parties hereto in an respects which shad include. Out not be restricted _ to, the price tote paid for safdGas and the time when such payments are to be made. As used in this Division Order, the term "Gem" shall be deemed to include casinghead gas. 'gasolineandall other products which A<o.,ci-ted Natural Gas; Inca receives and/or recovers by processing from. Gas produced from wells on saidproperty(ies). All covenants appearing on the reversesidehereof. are incorporated herein by reference and the undersigned agree that each shall be deemed and considered an essential part of this divisionorder in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior tot* effective date hereof. ATTEST: Owner Sten Selaw (Enter Malang. Address) BOARD OF COUNTY COMMISSIONERS WELD COUQL0R080 B1~ t9tfttion E. ►i ac7// Chairman Addrearc F.O. x 758 Greeley, CO -80632 Taxpayer Identification or Sodal Security Dumber 84-6000-813 B', 1160 REC 02103547' 06/15/67 15:56 X0.O0 1/002 P 0493 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WHITE -Return toANGI / YELLOW -For your records/ PINK - ANGlfile copy 8'704'73 SECOND: Payments are to be made montnfy by checks of Associated Naturai Gas. Inc. to be delivered on mailed to the parties thereto entitled et the addresses above given. provided that if the amount due any owner is less than Twenty -Five and 00.'100 ($25.00) Dotiars per _ month. Associated Natural.Gas. Inc._ at its option, may defer the making of such payment until such time as the aggregate amount due exceeds said sum. The undersigned authorize Associated Natural Gas, trio. to withhold nom the proceeds of any and all Gas referred to. herein the -amount of any tax -placed thereon. or on the production thereof, including cut not limited to any severance, production or occupation tax, by any governmental authority, local. state and'Or federal, and to pay the same in our behalf wan the proceeds so withheld THIRD: In the event of any adverse claim of title or in the event title snail not CC satisfactory to Associated Natural Gas. Inc. atany time during the term of this Division Order, each of the undersigned agrees to furnish complete abstractsof title and other evidence of tale satisfactory to Associated Natural Gas. Inc. and authorizes Associated Natural Gas. Inc. to withhold payment, without obligation to pay interest on the amount so withheld. until satisfactory indemnity snail be. furnished to Associated Natural Gas. Inc. against such adverse claims or any such defects in title. or until title shalt be. made satisfactory toASSociated Natural Gas, Inc.. Each undersigned party, as to the interest of such party hereunder. respectively agrees. :n the event suit is filed in any court affecting title l to said Gas. caber before or after severance, to indemnify and save narmtess Associated Natural Gas, Inc. against any and all l;abaltyfor foss. cost. damage. and expense which Associated Natural Gas. Inc. may suffer or incur on account of receiving ana paying said party the proceeds derived from the sale of said Gas.. Where Associated Natural Gas. Inc.. pursuant to the provisions hereof. withholds payment or any partthereof. each undersigned patty from whom'payment is withheld severally agrees to Mdemnify and -hold Ass -ix -lazed - Natural Gas: Inc. harmless `pf and from all liability -: for any tax. togetner-with all interest and penalties incidentthereto: imposed orassessed against. or paid byit orr account of:the sum or sums so withheld from payment to saidparty. and deduct all such taxes, interest: and penalties so paid it from any sums owing by it tosaid - _.party.: FOURTH: The undersigned severally agree to notify Associated Natural Gas. Inc. of any chance of ownership. and no transfer of interest shall be binding upon Associated Natural Gas, Inc. unlit transfer order and the recorded instrument evidencing such transfer, or a certified copy thereof, shall be furnished to Associated Natural Gas. Inc.. Transfer of interest shall ee made effective 8 AM on the first day of the calendar month in which proper notice is received by .Associated Natural Gas. Inc.. Associated Natural Gas. Inc is nereby relieved of any responsibility for determining if and when any of theinterests hereinabove set forth shall or should revert to or be owned by other parties as a result Of thecompletion of discharge of .money or other payments from said interests, and the signers hereof whose interests are affeeted by. such money or other ,payments. if any,,agree_ to. gwe Associated 'Natural Gas Inc notice alwnting by;. registered letter addressed to:Associated: Natural Gas, Anc., P.O. Box 5493.,Denver,. Cotorado 80217: Attn.. Division :Order. Department, when any such money or other payments have been completed or discharged, or when dny.divason of interest other. than that set.fortvealt h abdshfor any _. .. .. reason, De00me effective and to furnish transfer order aCGOrdingiy, and mat in the event such notice shall noi. be received. AS^Or'iatetl Natural Gas, Inc. shall be held harmless in the event of, aria is hereby released from any and all damage or loss which might arise out of, any 0verpayment_. .. FIFTH: If any portion of the proceeds derived from the sale ot,Gas is subject to refund under any order, rule or regulation of the Federal Energy. Regulatory Commission or the provisions of the Natural Gas Act or. Natural Gas Policy Act of 1978. Associated Natural Gas, Inc. may hold without interest the portion of the proceeds subject to refund unless indemnity satistactory to Associated Natural Gas. lnc. has been furnished,. or until Associated Natural Gas, inc.'srefund obltgatfon has been finally deter[nined. If any portion of the proceeds derived from the sale of Gas is paid over by.Associatetl Natural. Gas. Inc. under any order, rule or regulation of the Federal Energy Regulatory Commission or the-pronsions of tbe.NaturatGas Actor Natural Gas Policy Act of 978, Associated Wettest. Gae.dnc: +s authorzed to recover theeamountotthe refund applicable to cite interest ot each of the undersigned from future payments, or at Associated Natural Gas. Inc.'s election. It may invoice the undersigned therefore. plus the legal rate of interest Associated Natural Gas. Ind, is or may be required to pay in connection with the undersigned's portion of the refund - SIXTH: This Division order shall become valid and binding upon each and every owner above named upon execution hereof by such " owneivegardtess of whether or not any of the other above -named owners nave so signed. If the'provisions of this Division Order are. in -"conflic} with the provisions of any oil and' gas leasexovering-theabove described property(ies1. the provisions ofaMisDtihsion Order shall prevail. Each undersigned owner ratifies and confirms his oil and gas leasetas tieing. in full force and effect as. of the date hereof. : _., -•_^, • B 1160 REC 02103547 06/15/87 15:56 4,0..00 2/002 F 0494 MARY ANN FEUERSTEIN CLERK it RECORDER WELD CO, CO S70473 ELK EXPLORATION, INC. 636 PACIFIC AVENUE THIRD FLOOR.. SAN FRANCISCO,CALIFORNIA 941: (415)433-8796 May 20, 1987 Weld County Board o£ County,Commissioners Weld ,County Centennial Center 915 10th Street Greeley,' CO 80631 Dear Sirs: Ay< Enclosed please find your Division Order from the gas purchaser, AssociatedNaturalGas, Inc. ("ANGI") for your interest in the Wass #6 well. Please review the document, sign and have the signature witnessed where indicated, and provide your address -and tax identification number_ Mail the completed white copy directly to ANGI and retain the yellow copy for your records. Upon receipt, ,FaNGI will process your revenue interest and mail -all distributions -directly to you. If you should have:any questions please do not hesitate_ to contact us. Very truly yours, ELK�EXELORATION, INC. Ronald B. Jacobs Vice President, + Operations RBJ:ems Enc. ^4, ooGf 8'70473 a RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC., P.O. BOX 5493,DENVER, COLORADO 80217, 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, „Weld County, `Colorado„ is the holder of a- certain lease with"W.G. Van Bebber, and WHEREAS,, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M, Section 35: NE'kNW$ Weld County, Colorado WHEREAS, Associated Natural Gas, Inc., Division Order -on thesubject property, and WHEREAS, Weld County is entitled' to a -one -eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by the Weld County Attorney, Thomas O. David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas Division Order as submitted by Associated Natural Gas, Inc_, P.O. Box 5493, Denver, Colorado 80217, on the herein'above described parcel of land be, and hereby is, approved. has submitted a Gas BE IT FURTHER RESOLVED by the Board that the Chairman be, hereby is, authorized to sign said Division Order. 4,4,:a/Z 870474 June, A.D., 1987)) Izti. wvA.:14" ATTEST: Weld County Clerk and Recorder and Clerk to the Board a puty County C Page 2 RE: GAS DIVISION ORDER - ASSOCIATED NATURAL GAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of BOARD OF COUNTY COMMISSIONERS WELD CO ntner >IMa -- ue F ne Joon EXCUSED DATE OF SIGNING - AYE Frank_Yamaguchi 870474 AR2103546 GAS DIVISION ORDER 70: ASSOCIATED: NATURAL GAS, INC. P. C Box 5493 Denver, Colorado 80217 Attn: Division Order Department - Lease No. 11b1 Date May 11, 1987 Plant _ --- TM undersigned, and each of us, certify and guarantee that we are the legal owpersrof 9pduhetebv Tyrant the title to our roapecdve interests in the proceeds derived from the sate ofdGea produced and saved from the tla d -.Fa_ yh t Tyrant - lease Or unit located Mthe County orPariah -of Wel- Stets of -Colorado - TOM particularly described as follows: Township 5 North Ranye'66 West, 6th P.M. Section 35: NEeNW OWNER. -NO. CREDIT TO DIVISION' OF INTEREST. 22031 Weld County, Colorado 1/8 RI x 1.635/80 .0025547 Board of County Commissioners Effective B AM date of f i rs t purchase - and until father notice. you are hereby authorized to take or retain possession of ell Dee from said propertydes) on and after the effective day end to give credit as set fatly above for all proceeds derived from the sale of Gas hem seid property(tes) aublect'to the Oondhieee COnvenanis and directions get out below: _ FIRST: It is understood that the Gas roducfrom the above -described pr bes)is being solid underthpt certain Gas Purchase and Processing Agreement dated December 31 ,tgh5 .between Elk Exploration. Inc. as "Seller". and Associated Natural Gas, Inc. as "Buyer", and that all terms and covenantscontained therein, and in any amendments. extemeons, or renewals thereof shall govern and be binding upon the parties hereto in all respects which shall include, but not be restricted to, the price to he paid for said Gas and the time when such paymentsare to be made. As used in this Di iislon Order.the term "Gas" Strad be deemed to Include cssinghead gas: gasoline: and all other products which: Associated Natural Gas. Inc. receives and/or recovers by processing from Gas produced fran wells on said property(res).- Aa covenants appearing on the reverse side hereof are Incorporated herein by reference and the undersigned agree that each shall be deemed anti considered an essential part this division order inlay manner and with the same, effect as if :printed above out: signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof_ Owners Sign Below (Enter Malang Address) BOARD OF COUNTY COMMISSIONERS WELD CO r i ��.I OR/iF p ty County Cler Taxpayer Identification or Social SeCadty Number 84-6000-813 E 1160 REC',02103546" 0,6/15/87 15:`55 X0.00 1/0O2" F'0491`MARY ANN?FEUERSTEIN CLERK 4 RECORDER WELD CO, CO WHITE -Return toANGI / YELLOW -For your records / PINK -ANGtfile copy 8'70474 >n (ThSO SECOND: Payments are to be made monmly by checks of Associated Natural Ga's.•Inc. to be -delivered br mailed to'the parties thereto entitled. al the addresses above given, provided that if the amount due any owner is lessthan Twenty -Five and 00/100 (S25.00) Dollars per month. Associated Natural Gas. inc.. at its option: may defer tne making of such payment until such time as the aggregate amount due exceeds said sum.: The undersigned authorize Associated Natural Gas: Inc.. to withhold from the proceeds of any and an Gas referred to - hereintheamount of any taxplaced thereon,. or on the production thereof, including but not limited. to any severance, production or occupation tax. by any governmental authority, coral, state andior federal, and to pay the same in our behalf web the proceeds so •wennei°. THIRD: in the event of any adverse claim of. tibe:or in the event title shall not be satisfactory to Associated Natural Gas-inc. at any time during the term of this Division Order. each of the undersigned agrees to furnish complete abstracts of title:apd other. evidence of title satisfactory to Assoeiatee Natural Gas. Inc and authorizes Associated Natural Gas. Inc. to withholdpayment. without obligation to pay interest on theamount so withheld. until satisfactory indemnity shall be furnished to Associated Natural Gas. lie. against such adverse claims or any such defects in title:. or, until title shall be made satisfactory to Associatetl Natural Gas, Inc Each undersigned pany, as to the interest of such party hereunder, respectively agrees..in the event swl is teen in any eosin. affecting title to said Gas. either before or after severance. to indemnify and save harmless Associated Natural Gas, Inc against any and all Irat ility for loss: cost: carnage. and expense which Associated Natural Gas. Inc. may suffer or incur on account of receiving and paying said party the proceeds derived from the sale of said Gas. Where Associated Natural Gas, Inc.. pursuant to the provisions hereof, withholds payment, or any part thereof, each undersigned - partySrom whom paymentisw.thheld severally agrees -es -indolently and hold Associated Natural Gas, Mcharmiess of and from -all liability for any tax, together with all interestand penalties incident thereto, imposed or assesseel agamstT or paid -tryst on account of the sumor sums so withheld from payment to said pany: and deduct all such taxes, interest and penalties so paid it from: any sums owing by it to said party. FOURTH: The undersignea severally agree to notify Associated Nature Gas, Inc. of any change of ownership. and no transfer of interest shall be binding upon Associated Natural. Gas. Inc, until transfer order and Ine recorded instrument evidencing such transfer, or a ceref]eo copy thereof. shall be furnished to Associated Natural Gas, Inc.. Transfer of interest shall be made effective 9 AM on the first cay of the calendar month in which proper notice is received by Associated Natural Gas. Inc.. Associated Natural Gas. Inc: is hereby relieve° of any responsibility for determining if and when any of the interests nereinabove set fortn shall or snould revert to or be owned by other parties as a result of the completion of discharge of money or. other payments from saga interests, and the signers hereof whose interests are affeeted,by such stoney or: other payments.: if. anyeagree to '9,M Associated NaturaLGas: Inc, notice in -writing by registered letter - addressed: to.Assoclated;Natural Gas, Inc P.O, Box5493.: Denver; Colorado.802t7,: Attn::.Division Ordet-Departments when any. such money or other payments have been completed or elischarged., or when any division of interest other than thatset Senn above Shaft for any reason. become effective and to furnish transfer order accordingly, and that in the event such notice shall not be received. Associated. Natural Gas. Inc: shall be held harmless in the event of, and isherebyreleased from any and all damage or toss which might arise out of, FIFTH_ ft any portion of the proceeds derived from the sale of Gas is subject to refund under any order. rule or regulation Of the Federal .. Energy. Regulatory Commission or the provisions of the Natural Gas Act or Natural. Gas. Policy Act of 1978. Associated Natural -Gas. Inc. may. hold without interest the portion of the proceedssubjeet to refund unless indemnity satisfactory to Associated Natural Gas. Inc. has been furnished. or until Associated Natural Gas• inc.'s refund obligation has been finaity determined. If any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas. Inc. under any order, rule or regulation of the Federal Energy Regulatory Commission or the provisions of ttie-Natural:GarApt or Natural Gas Policy Act ot-1378•. Associated Natural • Gas.tnc.,is-aothotired to recover the :amount ol the refund applicable tothe:inter-est:;of each of the undersigned from future payments, or atAssooatedNatural Gas. - Ine: s election, it may invoice the undersigned therefore, plus the legal rate of interest Associated Natural Gas. Inc: is or may be required to pay in connection withthe undersigned's porti000f the refund. ,_.. SIXTH This Division Order shall. become valid an0 bindmeeppon each and every owner above namectepon execution hereof . by such Owner regardless of whether or Met any of the other above named owners have so signed, If the pi-OS[9ns of this Division Order are in conflict with the provisions. of any oil and gas feasecovenog tneabove described propdrty(ies). thepio4rs,ons Of'this 'Dfvision Order shall. prevail. Eadh undersigned owner ratifies and confers nis oil an'egas lease as being in full force`a7d,effect asTOrthe date hereof: - B 1160 BBC 02103546 06/15/87- 15:55 ,*'0.00 1/002 F 0492 MARY ANN FEURRSTEIN CLERIC- &. RECORDER MEDD CO, CO 8'70474 ELK EXPLORATION, INC. 538. PACIFIC AVENUE THIRD. FLOOR SAN FRANCISCO, CALI FORNIA 94133 (4151933-8798 May 20, 1987 Weld County Board of County Commissioners' Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Sirs: Enclosedplease find -your Division Order from the gas purchaser', Associated Natural Gas, Inc. ("ANGI").for your interest in the Hard Fought $I well Please review the document, sign and have the signature witnessed where indicated, and provide your address and tax identification number. Mail the completed white copy directly to ANGI and retain the yellow copy for your records. Upon receipt,-ANGI will process your revenue interest and mail all distributions directly to you. If you should have any questions please do -not hesitate to contact us. RBJ:ems End. Very truly yours, ELK EXPLORATION, INC. /kat Ronald B: Jacobs Vice President, Operations' Z,4'pO!i 8'70474 RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM ASSOCIATED NATURAL GAS, INC., P.O. BOX 5493, DENVER, COLORADO 80217, 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, Weld County, Colorado, is the holder of a certain lease with W.G. Van Bebber,'and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, -Range 66 West, 6th P.M. Section 25: WISE}: Weld County,rColorado WHEREAS, Associated Natural- Gas, Inc., has submitted a Gas Division Order on .the subject "property, and WHEREAS, Weld County is entitled to a one -eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, Said Division Order, has been reviewed by the Weld County Attorney, Thomas 0. _David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land describedherein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas Division Order AS submitted by.Associated'Natural Gas, Inc., P.O. Box 5493, Denver, Colorado 80217, on the hereiaabove- described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the; Board that the Chairman be, and hereby is, authorized to sign said Division Order. az,' /17(1,/ 870472 The above and foregoing Resolution was, and seconded, adopted by the following vote June, A.D., 1987. EXCUSED DATE OF SIGNING - AYE Frank -Yamaguchi FIRST: It is understood that the Gas produced from the above -described property(ies) is being sold under that certain Gas Purchase and Processing Agreement dated -December 31ga 5 ,between Elk Exploration, tnr as 'Seller- and Associated. Natural Gas, Inc. as "Buyer, and that all terms and covenants contained therein.. and in any amendments, extensions, or renewals thereof shall govern and be binding upon the parties hereto in ail respects which shall include, but not he restricted -to, the price to be. paid for said Gas and the: time when such payments are to be made: As used in this Division Order, the term "Gas"shall be. deemed to includebasinghead gas: gasoline and all other products which. Associated Natural Gas. Inc. receives and/or_ recovers by processing from Gas produced from wellsonsaid property(ies):- AR2103545 GAS DIVISION ORDER TO: ASSOCIATED NATURAL GAS, INC. P. O. Box 5493 Denver, Colorado 80217 Attn: Division Order Department I No. 1102 Date MaY 4. 1987 'o f pp� The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests in t� tha proceeds derived from the -sale of Gas produced and saved from the Wa S§ #3X _ _. lease or unit located _ in the county or per, of Wel d state of Col orado more particularly described as follows: • Township 5` North '-'Range 66'West;'6th 'P:M. Section 25: N}SE., 25363 Weld County, Colorado 12.5% Ri"x 5.11/80 .0074844 .. Effecthre 8 AM da to of f i rct -purchaseand until further.notice. you are hereby auUgrized..to takeor retain possession of all ties from said propany(ies) on andafter the effective day and to give credit as set forth above for all proceeds derived from the.saie of Gas from said property(les) subject to the conditions, covvenants and directions set out below: i0,a ,414 ID O at All covenants appearing on thereverse aide hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and considerad unessential part of this.. division order in like manner and with the same effect as-if.:printed above our signatures_ - • The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective date hereof. ATTEST: Ownerrsser Sign Below Weld County, Colorado A rs) Board o£ Collagtasioners Y BY- Go don Lacy%7Chairman Ammar Y.O. Box 7 patty County Taxpayer Mantliwdon or Social Security Number 84-6000-813 WHITE - Return to ANGI / YELLOW - For your records / PINK - ANC' file copy 8'704'72 SECOND:Payments to be made-montny by checks of Associated Natural Gas:inc. beedeavered or mailed to the parties :hereto entitled at the addresses above given, provided that it the amount due any owner is less than Twenty -Five ara 00/100 ($25.00) Dollars per month. :Associates Natural Gas.ilne. at its option. may defer the making of such payment until such time as the aggregate amount due exceeds said sum. The undersigned authorize Associated. Natural Gas, inc. to withhold from tne proceeds of any and all Gas referred to ' herein the'amount of any tax"placed Qhereon, or onthe production thereof, including but not limited to any severance: production or N O occupation tax. by any governmental authority, local, state anceor federal and to pay me same in our behalf with the proceeds so withheld. Q U _ 'O. • CS U - THIRD: In the event of any adverse claim of title of in the event tale shalt not be satisfactory to Associated Natural Gas. Inc -'at any time Q during the term.Ot this Division Order, each of the undersigned agrees to furnish compete abstracts of title and: other evidence of title satisfactory to Associated Natural Gas. Inc. and authorizes Associated Natural Gas; Inc. to withhold payment. without obligation to pay Ci interest on the amount so withheld. until satisfactory indemnity Shall. Pe furnished to Associated Natural Gas. Inc. against such adverse O claims or any sucn defects in title. or until taleshallbe made satisfactory to Associated Natural Gas, Inc,, Each undersigned party, .as to the ee cc interest of such party hereunder. respectively agrees, in the event suit is flied in any court affecting title to said Gas. either before or after 71 W . severance. to indemnify. andsave narmless Associated Natural Gad Inc against anyand all liabiSty tor loss: cost, damage. and expense 2 which Associated Natural. Gas. Inc maysuffer or incur on account of receiving and paying said party The proceeds derived from the sate of p said Gas. Where Associated Natural Gas, Inc pursuant totheprovistons hereof. watlnolds payment. or anypartthereot.each undersigned V 1 'party from whom payment iswtthheld severallyagrees to indemnify and hold Associated NattrralGas_ Inc. narmless of and from aittiadirty for any tax, together with all interest andpenalties incident thereto. imposed or assessed against. or paid by it on account of the sum or sums so withheld from payment to said party,, anddeduc_t all such taxes, interest and penalties s0 paid a trom any sums owing by it to said party. FOURTH_ The undersigned severally agree to notify Associated Natural Gas, Inc. of any change of ownership. and no transfer of interest shall be binding upon Associated. Natural Gas. Inc. until transfer order and the recorded instrument evidencing such transfer, or a ce.rt led copy thereof. shall be furnished to Associated Natural Gas. Inc_ Transfer of interest shall be made effective 8 AM on the first day of the calendar month in which proper notice is received by Associated Naturat Gas. Inc.. Associated Natural Gas. Inc. is hereby relieved of any responsibility for determining if and when any of the interests hereinabove set forth snail or should revert to or be owned by other parties as result of the completion of discharge of money or other payments from said interests. and the signers hereof whose interests are affected by such moneyor: other payments, if arty; agree' togtve Associated Natural Gas. Inc.. notice in writingby registered letter addressed-zd Associated.Naturat Gas, Inc..P.0, Box 5393. Denver, Colorado 80217, Attu. Division Order' Department; when any such money or other payments have been cOmpleted or discharged: or when any dlvisionofmterestother than lnat set:fORh9boveshaa; finny reason, become effective and to furnish transfer. order accordingly. and that in the event sudn notice shallnot be received. As -striated. Natural Gas. Inc. shall be held harmless in the event of, and is hereby released from any and ad damage or loss which might arise out of. . ., any overpayment. .. -. : `- .. . FIFTH: If any portion: of the proceeds: derived from.the sate of Gas is subject to refund under any order; rule or regulation of the Federal •:Energy Regulatory Commission or the provisions of the-Naturat Gas Act or. Natural Gas Policy Act of 1978; Assobiated hlatumF-Gas, Inc... may hold without interest the portion of the proceeds subject to refund unless -indemnity satisfactory,to:Associated .Naturaf-Gas. Inc has been furnished. or until Associated Natural Gas, Inc.'s refund obligation has been finally determined. If. any portion of the proceeds derived from the sale of Gas is paid over by Associated Natural Gas. Inc. under any order, rule or regulation of the Federal Energy Regulatory Commission or the provisions -of ithe-NaturarGaslAct or Natural 'Gas Policy Act of 7978. AssociatetNatural-Gas:Inc. isauthorized to. recover the amount of -the refuna•applicable to theinterestofeach of theuntlersigned trom future payments.. or at Assocated:NaturalGas; Inc.'s election: it may invoice the undersigned therefore. plus the'' legal rate of interest Associated Natural Gas, Inc. Is/7r may requiredto pay in connection with theunderslgned's portion of,the refund. - ..-.SIXTH:.This.Division Order shall. become valid acid-bindingapon each and every owner above named upon. execution hereof by such owner regardless of whether or not any .Of ine other above -named owners have so signed. If the provisiorieof, this DivtstenOrder are in 'conflict with the provisions of any oil and gas,lease OOvennetheabove de scribed propertypes) the provisions Of. this Division .Order snail. prevail. Each undersigned owner ratifies and confirms htspilanctgas lease as being in full. force and.effect ,3s of the date hereof. " 1^i. 8'704'72 Enclosed please find your Division Order from the gas purchaser, Associated Natural Gas, Inc. ("ANGI") for your interest in the Wass #3X well. ELK, EXPLORATION, INC. 535 PACIFIC AVENUE. THIRD FLOOR. SAN FRANCISCO, CALIFORNIA 84133 (415)433-6795. Weld County Board of County Commissioners Weld County Centennial Center. 915- 10th Street Greeley, Co 80631; Dear Sirs: Please review the document, sign and have the signature witnessed where indicated, and provide your address and tax identification number. Mail the completed white copy directly to ANGI and retain the yellow copy for your records. Upon receipt,'ANGI will process your revenue interest and mail all distributions directly to you. I£ you -should have any questions please 'do ;not _hesitate to contact us. J N a W¢4 1—LT- c ah ra Qj Q n p r U ��CZ pyi.p .¢-,t1' a Cf' d m oK.n px<i Nv 0gcr. o S tiA ..Y GJ a ' �. ` �. ppp�• s w co Up cc . I-4 o v -r ,'A n o r i r o y Nd L 3'e ti \ \ J 2,..,=,.gp LL � 3O 's O F _, ~ c v •LF �< S 1RNal,t00"0,9twm.1snO2whit ;MNNonefl entweAMNnd,«idennpinkwns3Md4. _ icor ;fe41N-!'MT,l1M1 Toil dR Uwaris Tfillunto.du that will privet* t*,', RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND MONFORT OF COLORADO, INC. FOR SALE AND PURCHASE OF REAL ESTATE, INCLUDING LAND AND ALL IMPROVEMENTS, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Coloradoy 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 been presented with an Agreement between Weld County, and MonfortofColorado, Inca for the sale - and purchase of real estate, including land ,and all improvements, and WHEREAS, said Agreement' concerns property described as: The Northeast One -Quarter (NE4) of Section 31, and the East 2112.00 feet of the North One -Half (N1) of the North One -Half (WO of the Northwest One -Quarter (NW1/4); of Section 31, Township 6 North,;; Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the conditions and terms are as stated in said Agreement, a copy being attached'.hereto and incorporated herein by reference, and WHEREAS,_ after study and review, the Board -deems it advisable to approve said Agreement. ; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the sale and purchase of the aforementioned real estate, including land and all improvements,' be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. B 1160 REC 02104004 06/18/87 11:54 40.00_ 26/027 F 1427 .MARY ANN;<F'EUERSTEIN ,CLERK & RECORDER' WELD CO, CO 0003 fic: ,c -%r1..1 - „et'. - FO CA 870479 Page 2 RE: AGREEMENT WITH MONFORT OF COLORADO, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987. ATTEST: Weld Countig and Clerk` oea anvet4e4A s 10 d, Recorder BOARD OF COUNTY COMMISSIONERS WELD CO �� 4,+LO0 C.W. Kir Pro-' em tene Rit gfavdte- . Brautner OLT Ja. guee Jos ounty t orney EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi B 1160 REC 02104004 06/18/87 11:54 60.00 27/027 vF 1428 MARY ANN FEUERSTEIN CLERK 4 RECORDER TOLD CO, CO. 870479 r AH21O4OO4 AGREEMENT FOR SALE -AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 15th day of June , 1987, between WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado,, hereinafter "Purchaser," -and-'MONFORT OF ,COLORADO, INC., a Colorado corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, hereinafter "Seller." WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum. of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368,750.00), and other good and valuable consideration, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from Seller the following described real property: The Northeast One -Quarter (NE4) of Section 31, and the East 2112.00 feet of the North One -Half (WO of the North One -Half (N15) of the Northwest One -Quarter (NW14) of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, which is denoted as "Parcels 1 through 5" on the Land Area -Sketch -which is attached hereto and is referred to herein as Exhibit "A," including any and all improvements located thereon. The ,agreement of sale and purchase of Parcels 1 through 5 is subject to the following conditions: 1. Seller' shall furnish to Purchaser a -Warranty Deed covering, the surface rights for Parcels 1 through 5, gravel and all other mineral deposits lying thereunder, but excluding oil and gas. Title insurance will be provided by Seller. 2. Title for Parcels 1 through 5 shall be merchantable in Seller, except as stated in this paragraph and in paragraph 5. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general Warranty Deed for Parcels 1 through 5 to Purchaser on a date certain set by Purehaser,.conveying said property free and clear of all taxes, except general taxes for 1987, payable January 1, 1988, and free and clear of all liens for special_ improvements, installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens :and encumbrances, and except the recorded and/or apparent easements; subject to all. applicable building and zoning.regulations;- and including gravel and all other mineral deposits, -but reserving to the Seller all oil and gas - 8 116O;REC 02104004 106/18/•87 11:54` $0.00 1/027 F 1402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 1 of 5 Pages 870479 3. General taxes for the year 1987 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4. The date of closing shall be the date of delivery of deed as provided in paragraph 2. The hour and place of closing shall be designated by Purchaser. Purchaser Shall pay the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368,750.00)- to Seller at the time of the delivery of the warranty deed and quit claim deed. 5. Except as stated in paragraphs 2 and 6 and this paragraph, if title for Parcels 1 through 5 is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before the date of closing, Seller shall use reasonable efforts to correct said defect(s) prior to the date of closing. If Seller is unable to correct said defect(s) on or before the date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before the date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect(s). Except as stated in paragraph 6, if title for Parcels 1 through 5 is not rendered merchantable as provided in this paragraph 5, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect(s), Seller may, within said thirty (30) days, obtain a commitment for a title insurance policy in the amount of the purchase price and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such title insurance policy. 6. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source; provided, however, at the option of either party, if the total indebtedness secured by the liens on the property exceeds the purchase price, this contract shall be void and of no effect, and each party hereto shall be released from all obligations hereunder and all payments and things of "value received hereunder shall be returned to Purchaser. 7. Time -is of the essence hereof. If any note or check received as earnest money' hereunder or any other payment due hereunder is not paid,' honored, or tendered when due, or if any other 'obligation hereunder is not performed as herein provided, there shall be the following remedies: B 1160 REC'02104004 06/18/87 11:54 *0.00 .2/027 F 140flARY ANN FEUERSTEIN CLARK 4 RECORDER WELD CO, CO ` ^_ l Page 2 of 5 Pages F7®4.V (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recoversuch damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 8. Possession of Parcels 1 through 5 shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except the Agricultural Lease dated January I, 1987, between Seller and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., a copy of which is attached hereto and is referred to herein as Exhibit "B;" except the Agricultural Lease dated January 1, 1987, between Seller and Ferman Rodriguez, a copy of which is attached hereto and is referred to herein as Exhibit "C;" and except the Oil and Gas Lease dated April 18, 1979, between Seller and the Colton Company, a copy of which is attached hereto and is referred to herein as Exhibit "D." 9. The Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment,; decree, ,order, instrument or other verbal or writtenagreement to which Seller Is a party of or is subject to, or to which the "'property Is subject to, except as provided herein. 10. In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Deed, Purchaser may elect to 8 1160 REC 02104004 06/18/87 11:54 50.00 3/027 F 1404 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 5 Pages 8704'79 terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11. Purchaser agrees to allow Seller and/or Seller's lessees access to Parcels 1 through 5, to and including December 31, 1987, for the purpose of completing any and all tasks necessary for the growing and harvesting of crops planted by Seller and/or Seller's tenants on said Parcels as of the date of this Agreement, pursuant to the Agricultural Leases which are attachedhereto and are referred to herein as Exhibits "B" and "C." 12. Purchaser agrees to allow Seller and/or Seller's lessee's access to Parcels 1 through 5 for the purpose of extracting oil and gas, pursuant to. the Oil and Gas Lease which is attached hereto and is referred to herein as Exhibit "D," and pursuant to any and all future_ oil and gas leases. Seller promises to require lessees of all future oil and gas leases with Seller to execute surface use agreements with Purchaser prior to entering the Parcels 1 through 5. 13. All of the conditions stated herein shall be in full force and effect, not withstanding the conveyance of Parcels 1 through 5 by Warranty Deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 14. Purchaser hereby grants to. Seller an easement for the purpose of depositing tail -water onto_ Parcel 5, but this grant shall in no way obligate P.urchaser.to keep' the detention pond which is located on Parcel 5 WITNESSETH: That in further consideration of the payment stated above, Seller shall provide to Purchaser a Quit Claim Deed for the following: The West 528 feet of the North One -Half (Nh) of the North One -Half (Nh) of the Northwest One -Quarter (NW1) of Section 31, Township 6 North, Range 65 West o£ the 6th P.M., Weld County, Colorado, which is denoted as "Parcel 6" on Exhibit "A;" any and all rights Seller may own in the tail -water that flows onto any or all of Parcels 1 through 5; and any and all easements which benefit Parcels 1 through 5'and 'direct the flow of said tail -water across properties` lying to the south of Weld County Road 64. Seller shall deliver said Quit Claim Deed to Purchaser on the date of closing as provided in -Paragraph -4 above. Said Quit Claim Deed shall include the:surface rights of said property, gravel,' and other mineral deposits lying thereunder, but shall exclude oil and gas. B'1160 REC 02104004 06/18/87 _11:54 *0.00 4/027 F 1405 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO Page 4 of 5 Pages 13704'79 IN WITNESSHEREOF, the parties hereto have subscribed their names this 15thday of,Ju++n'.e , 1987. ATTEST: {xMvt -tuva �}{-�U: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County erk and Recorder ' Clerk to the Bo o By: B eh' an rchaser puty County Cl / (The following section to be completed by Seller) Signed this 7.4 day of 2z-te., � . 1987. MONFORT OF COLORADO, INC-, Seller By: Title- .�V►. 1�. �. , f SU IBED AND SWORN, to before me this s vim,. / .:_ :-5�i t � �Y WI ESS my hand and official seal. .I� �/ . 1987. �� 4a,:40_ 1�?.-a.o-o- - w,, 7� e NotaPublic 41 My commission.expires: My Commission Expire Aup. 81988 B 1160 REC 021"04004 06/18/87 11:54 *'0.00 5/027 F 1406 MARY ANN FEUERSTEIN"CLERK 4. RECORDER FIELD CO, CO Page 5 of 5 Pages 8'704'79 LAND AREA, SKETCH Scale - 1" =1', 000' WELD COUNTY ROAD #64 ("O" Street) PARCEL #6 8 Ac.± (4650) _ r 0 1 Truck. Wash. 5,280'+ PARCEL # 5. Residenc¢_i (46901 �('i•., PARCEL #1 Irrigated ; / -Hater Detentiod Pond '.•27 Ac, ±- Farmland ' r�(4670) oil/gas well 1 26 Ac.± •• L--� Pasture S `p Qitch � Hastetan cO (46601 • - rn r PARCEL #2 = 103 Ac.± . Irrigated Farmland an(' 2,640'± PARCEL #3 PARCEL #4 4 Ac.± DIN BY: Michael-C..Marion, MAI.. 4/87 2,6401+ Mumper Corner (4700) (46501 (.1 Denotes-approx. Elevation "above sea level B 1160'REC 02104004 06/1;8/87 11:54 *0.00 6/027 F 1407 MARY ANN FE-BERSTEIN CLERK B RECORDER WELD CO, CO' EXHIBIT' "A" 870479 Y AGRICULTURAL LEASE This Agricultural Lease (hereinafter referred to as the "Lease'), made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT"), and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., 28607 Weld County Road #50, Kersey, Colorado, 80644, (hereinafter referred to as "LESSEE"). WITNESSETR, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term commencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable_ MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Lease and its terms shall bind and inure to the respective heirs, executors, administrators,,assigns, and .successors of the parties hereto. (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the prior written consent of MONFORT. All coal, oil, gas,; minerals and mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT'S control. LESSEE shall devote the necessary time and best efforts, to the farming and operation:of the Premises in a timely, thorough and workman=like manner. LESSEE shall follow crop and tillage practices generally recognized as best in the locality "of the Premises. B. 1160 REC 02104004 06/18/87 11:54 *0.00 7/827` F.1408 MARX ANN FRUERETEIN:CLERK &,RECORDER WELD CO, CO EXHIBIT "B" 8'704'79 (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil -washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition o£ improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first—class seed for specified . crops (unless otherwise agreed in writing), and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing)', in a manner consistent with accepted practices of the local farming industry. LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay to MONFORT 25% o£ any electrical pumping charges as incurred (unless otherwise agreed to in writing). (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to-do his proportionate part of cooperative cleaning and maintenance of ditches and laterals used jointly with others. - (g) LESSEE shall be responsible to obtain proper' certification/licenses before using pesticides, herbicides or other chemicalssubject to such restrictions. 8 1160 REC 02104004 '06/18/87 11:54 50.00 8/027 Y 1409. MARY ANN pEUERSTEIN CLERK & RECORDER WELD CO, CO J 2 870479 (j) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f). (k) -LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures. (3) stipulations: MONFORT agrees to perform and observe the following (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b) MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT). (c) MONFORT shall.pay fifty percent (SU) of the cost of fuels and one hundred percent (100X) of the cost of chemicals, applied, if necessary, for weed control along highways, roadways, ditches, and fenced bordering the Premises. (4) The division of specific crops between MONFORT and LESSEE will be as noted in the following table. Special provisoes also shall be noted: CROPS EST. -ACRES MONFORT/LESSEE NOTES - OtaOIA5 %5-0 SEMIS ( 5.0 B 1160 REC 02104004, 06/18/87 11:54 X0.00 9/027 F 1410 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO 3 8704'79 CoQt4 t61-taD 2.A.. 0 `{0 % LO % Nbrrlatl prof/4a toski RCR 14.0 40'4 60 (Addendum to this list may be attached). 44 aP seal Mon'NFORTs MONFORT reserves the discretionary right Imerspecify the manner in share of w� hichull crops grown by LESSEE are to be ha.�Yttette'. and marketed. MONFORT reserves all rights to all crop products including (but not limited to) beet tops, straw, rf , and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing of crops grown on the Premises, then in that event only, LESSEE shall sell theErops at the best market price, and a joint check -payable to MONFORT and LESSEE shall be taken from the Purchaser thereof. Crop harvesting and -delivery to market 'shall be the responsibility of LESSEE. (5) MONFORT and LESSEE, agree further with respect to the operation of the Premises pursuant to this Leaser (a) On or before the fifteenth day of June, LESSEE shall submit to MONFORT, for MONFORT'S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate the Premises in compliance therewith. Upon LESSEE'S failure so todo,'LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which - MONFORT may suffer by reason of such failure. A 1160 REC 02104004 06/18/67 11:54 ,`.'0.00 - 10/027 F 1411 MARY 'ANN 'FEDER.4TEIN CLERK & RECORDER WELD CO, CO 8'704'79 LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each of the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such, event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re -occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous' demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration of its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, and his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein --established. (c) LESSEE agrees peaceably to deliver up possession of the property at the end of the term or upon sooner termination by Monfort for the breach or nonperformance of any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder. MONFORT shall not be liable for, and LESSEE hereby waives, renounces, and releases all claims,; demands, and causes of action for damages to person or property of every kind and character, sustained or suffered B 1160 REC 02.104004 06/18/87 11:54 50.00 11/027 F 1412 !NARY ANN FEUERSTEIN CLERK i RECORDER WELD CD, CO 870479 8 1160 REC 02104004 06/18/87_ 11:54 30:00 12/027 F 1413 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO' by LESSEE or those claiming by or through him, and LESSEE: shall protect, indemnify and saveharmless MONFORT of and from all claims, loss, and damage (including attorney's -fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event, LESSEE shall not remove any of the commodities raised on the Presmises, nor sell the same or any part thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or claimed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to remove the same and sell the same or any part thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the commodities shall not be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided herein. LESSEE shall not assign this Lease without the prior (4). LESSEE agrees that MONFORT'S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the Premises to inspect the crops and to protect itself against loss occasioned by. any negligence of the LESSEE and .to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries -shall be without opposition ,or interference from LESSEE. (11) Failure of MONFORT to insist upon the performance of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving, any other covenants, conditions, rights or privi- leges. 8704'79 (12) Additional agreements: (describe herein any buildings or improvements specifically leased to LESSEE). IN WITNESS HERETO, the said parties have hereunto subscribedtheir names, and signed a duplicate, the day, month and year first above written. B 1160 REC 02104004 06'18/87 11:54 40.00 13/027 F 1414 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO ADDENDUM This Addendum is entered into of even date with that certain AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc., (Lessor therein) and Paul Hoshiko, d/b/a Hoshiko Farms, Inc., 28607 Weld County Road l50, Kersey, Colorado, 80644, (Lessee therein), which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terme and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained insaidAgricultural-Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidence its interest in and to its share, of the crops produced by the Lessee in accordance with the terms of the said Lease. ESSEE B 1160 REC 02104004 06/1E/87 11:54' X0.00 14/027 AF 1415 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO :CO 8'704'9 Land Description with respect to Agricultural Lease between Monfort of Colorado, Inc. ("Lessor") and Paul Hoshiko ("Lessee") F3f SP3y of sec. 30. TWP. 6N, R65W, Eh NP3t of Seca 30, b Parcelin NWh' SW;t of Sec. 29; all in TWP. 6N R65W B 1160 'IBC 02104004 06/18/87 11:54 X0.00 15/027 F 1416 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO CO AGRICULTURAL LEASE' This Agricultural Lease (hereinafter referred to as the "Lease"), made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT"), and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (hereinafter referred to as "LESSEE"). WITNESSETH, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term comMencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable. MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party. shall be liable for debts or obligationsincurredby the other. Except, as otherwise herein provided, this Lease and its terms shall bind.and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto: (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the priorwrittenconsent of MONFORT. All coal, oil, gas, minerals and mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT'S control. (b) ,LESSEE shall devote the necessary time and best efforts -Ito the farming and operation of the premises in a timely; thorough and workman like -manner. (c) LESSEE shall follow crop and tillage practices' generally recognized as best in the locality of the Premises. 8.1160 REC 02104004 -06/18/87 11t54 *0.00 16/027 F 1417 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD: CO, CO EXHIBIT 1 n`.n 8704'79 , (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil -washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition of improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first-class seed for specified crops (unless otherwise agreed in writing), and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing), in a manner consistent with accepted practices of the local farming industry. (g) LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay,to MONFORT 25% of any electrical pumping charges as incurred (unless otherwise, agreed to in writing). (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to do his proportionate part of cooperative cleaning and maintenance of ditches -and laterals used jointly with others. (i) LESSEE shall be responsible to obtain proper certification/licenses before using pesticides, - herbicides or other chemicals subject to such restrictions. B 1160 REC 02104004 06'/1:6/B7 11:54 40-00 17/027. F 1418 NARY ANN FEUERSTEIN CLERK &- RECORDER -`WELD CO, CO 2 8704'79 (}) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f). (k) LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures - (3) MONFORT agrees to perform and observe the following stipulations: (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b) MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT). (c) MONFORT shall pay fifty percent (S0%) of the cost of fuels and one hundred percent (100%) of the -cost of chemicals applied, if necessary, for weed control along highways, ,roadways, ditches, and fences bordering, the Premises. (4) The division of specific crops between-MONFORT'and LESSEE will be as noted in the following table. Special provisoes -also -shall - be noted. 303; ''70 CROPS. EST. ACRES MONFORT/LESSEE NOTES if---nv-if1L %va; dJ a B'1160'REC 02104004 06/18/87 11:54 40.00 18/027 F 1419 MARY ANN FEDERSTEIN CLERIC i RECORDER WELD CO, :Co z 8'704'79 .tat- /70z .ate .ebct (Addendum to this list may be attached). MONFORT reserves the discretionary right to specify the manner in which all crops grown by LESSEE are to be harvested and marketed. MONFORT reserves all rights to all crop by-products including (but not limited to) beet tops, straw, fall and winter pasturage, and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing o£ crops grown on the Premises, then in that event only, LESSEE shall sell the crops at the best market price, and a joint check payable to MONFORT and LESSEE shall be taken from the. . Purchaser thereof. Crop harvesting and delivery to market shall be the responsibility of LESSEE. ' (5) MONFORT and LESSEE agree further with respect to the operation of the Premises pursuant to this Lease: (a) On or before the fifteenth day o£ June, LESSEE shall submit to MONFORT, for MONFORT'S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate ,the Premises in compliance therewith. Upon. LESSEE'S.failure so to do, LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which MONFORT may suffer by reason of such failure: B 1160 REC 02104004 06/18/87 11:54, *0.00 19/027 F 1420 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO, CO' 4 8'70479 5 (c) LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each o£ the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re -occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration of its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, and his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein established.. . _. (c) LESSEE agrees peaceably to deliver up possession of thepropertyat the end of the term or upon sooner termination by Monfort for the breach or nonperformance of any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder MONFORT shall not be liable for;"and LESSEE hereby waives, renounces, and releases all claims, demands, and causes ofaction for damages to person or property of every kind and ,character, sustained or suffered B 1160 AEC 02104004 06/18/87r 11:54 50.00 20/027 F 1421 MARY ANN FEUERSTETN CLERK S RECORDER WELD CO, CO 870479 by LESSEE or those claiming by or through him, and LESSEE shall protect, indemnify and save harmless MONFORT of and from all claims, loss, and damage (including attornef.s fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) LESSEE shall not assign this Lease without the prior written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event; LESSEE shall not remove any of the commodities raised on the Presmises, nor sell the same or anypart thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or clamed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to remove the same and sell the same or any part thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the 'commoditiesshallnot be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided< herein. (9) LESSEE agrees that MONFORT'S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the, Premises to inspect the crops and to protect itself against loss occasioned by any negligence of the LESSEE and to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries shall be without opposition or interference. from. LESSEE. (11) Failure of.MONFORT to insist upon the'performance.of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving any 'other covenants; conditions, sights or privi- leges. 1160 REC 02104004 06/18/87 11:34 *0.00 23:/027 F 1422 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO 6 8'70479 w. (12) Additional agreements: (describe herein any buildings or improvements specifically leased to LESSEE). ._3 iC 61 3 (13) The obligations of the LESSEE hereunder shall be joint and several. IN WITNESS HERETO, the. said parties have hereunto subscribed their names, and signed a duplicate, the day, month and year first above written. a_Ili MONFORT OF COLORADO, NC. B 1160 REC 02104004 06/18/87 11:54 $0.00 22/027 F 1423 MARY ANN FEOERSTEIN CLERK i RECORDER WELD CO CO 7 870479 ADDENDUM This Addendum is entered into of even date with that certain . AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc., (Lessor therein) and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (Lessee therein), which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the ,terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terms and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained' in said Agricultural Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidenceits"interest in and to its share of the crops produced by the Lessee in accordance -with the terms .of'the said Lease. V DATED a1 WITNESS _ LESSEE DATED : 7f v t�� .,WITNESSi;% B 1160 REC 02104004 06/18/87 11:54 *0.00 23/027 F 1424 MARY ANN FEUERST'EIN CLERK & RECORDER WELD CO, CO 870479 Y EXHIBIT A to AGRICULTURAL LEASE Land Description with respect to Agricultural Lease betweenMonfort` of Colorado, ;Inc. ("Lessor") and'Ferman:Rodriquez ("Lessee"). Common. Name of Farms Sargent Monfort Tinker Downs —Rayburn Bostrum Adams, Lee S Daisy Leaver Gooden Brownell Nelson Peterson Heckman Stockover Parcels # Description 1 W'1 SEk of Sec, 30, TWP. 6N, R65W 2 Wk NEIL of Sec. 30, TPW. 6N, R65W 6 Ek NW's of Sec. 30, TWP. 6N, R65W 7 Wk NWk of Sec. 30, TWP. 6N, R65W 8 W1 SWk of Sec. 30, TWP. 6N, R65W 9 Elf SWk of Sec. 30, TWP. 6N, R65w 12 swk excluding part, in Sec. 19, TWP. 6N, R65W 18 Part of NWk of Sec. 19, TWP 6N, R65w 13A W11 NEk excluding part, Sec. 24, TWP. 6N, R66W 138 NEk excluding part, Seca 24, TWP. 6N, R66W 14 S'k NEk E. W1 SEk, North of Railroad right of way, Sec. 25, TWP. 6N, R66W 10 E SEk excluding .91 acres in Sec. 25, TWP. 6N, R66W less 11 acres farmed by Fagerberg 15 NEk Sec. 31 and part of NWk Seca 31, TWP. 6N, R66W less 25 acres farmed by Hoshiko Approximately 1,196 Crop Acreage Inventory of Gaited Pipe 43 pieces 10 inch„ 30feetlong 58 pieces 8 inch 30 feet long ig pieces 6 inch 30 feet long 6 alfalfa gates B 1160 REC 02104004': 06/18/87 11:54 X0.O0 24/O27 F 1425 MARX ANN FBUBRSTEIN CLERK & RECORDER FIELD CO CO 870A79 _ , rRED hr MigneS D innufr B6--(Preducen) Oki. L Colo. 195: �0 aI U 0 a In 0 N U a 0 N • 0 CA IA [t7 9 0 W � a r. lU H � g W CO ha to fir CO ▪ Z ti H \ el to E 0 V1 w Q D 0 ir7 O W 0 T. t N?+ IC O N 0 %a td CS/ rt Q e -t H Pi Pia 1R WILTRSg WII RLOT. el Man the day and year first above written. Wines: err .0.., o civet vivo ne4ur0 en a112C2ilCEa EO,I M1nat C a.y 1574 OIL AND GAS LEASE THIS AGREEMENT, Entered into this the 18th day of April tin -wen Monfort Feed bats, a Division of Monfort of Colorado, Inc., a Delaware Corporation, P. O. Box G, Greeley, Colorado 80631. I, 79 hereinafter calved lease. . The Colton Co pagy. D-204 Petroleum Center, San Antonio,Tex, 78209nel nm.n« called lessee doss want s: 1 Thal lesser. for end in consideration of the sum oflenjunDr l_Dollars in hand part ana of the cotenants and agreements hereinafter contained to be Deft«mN ev the levee. hes this day panted. leased. sea let and by there presents does .herein grant. lease. and let tanuneelv unto the bvire lM hereinafter de -craned land. and sins the run. to unitize this teamOr any part thereof with other oil and gas leases are all orany ton of the lands terered thereby ashereinafter provided, for the riurmie of canvass on'fmlogiea L. tmonnieed and other erpleratory sort. including core drilling. and the drilling. Mount. And owntmt for, enuring. and roving All of the oil. ba casmthesd gaa. cannthead gasoline and all other fasts and thew respen•ve ransintienl capon, and PoI constructing roam. laying D1M lino, Du Jdmg tanks, scoring oil, building power stations. telephone lines and other structures thereon necessary or convenient for the economical operation of said and alone Or contently wen neighboring lands, to produce. rase, take rare of. and manufacture all of such aubstancel. and foe housmt she boarding employees, laid mot of lend alts any reversionary rights therein being situated m Ise Counts of — Weld Stan or, �blOtgj(iQ T, and. damned as fellows: 010SHIP 6 NORTH RANGE 65 WEST? 6TH P. Me Section 30; Lot 1 (84.40 acs., Lot 2 (84.16 acs,), $72 W/2 dcE/2 ( All ) 650 acres, more or less. - Section 31: NE /4 & the North 44.32 acres of the N?V4-East of the private road and a 100► right of may over & across the NI Nrf*(206.52 acres) sod coritaintng`5set .52r—seres, more or leas. f. It is agreed that this lease than remain in tWl fora .ter a term bf fbra years from oils eare, and ea tong Inereaher u oil or gas. et either of them, a produced from said lend ter from lands with which said land le conrottdaees or the Drennan, are wing dee<bpra er Ofren[ea ]. In consideration of the premises the said knee Covenants and .grew: To deliver to the credit or lessor. free of cost, a the pipe lbw to vista lessee may connect ALA walla the east one -eighth aKn flan of all eft predated end saved Irma the leased premises. 4. The {eater shall monthly pay lesser as reran, du gas mvktted from each wets when gas only is round: one -eighth Ilse at the proceeds If sold st the wet. Or If marketed by lessee Off the leased premier'', then one -eighth, hti• of Its market value at the well. The leant shellpay the tenor, um ate-elthat tKl... or the proeMs received by the. tease* Irene the wit Of eAAmghead gal prodve6 trop any oil tooth iD. oneectghth 'co•of the value. at the moistly of the nil. computed st the prermling market price. of the tannzhead gas.. produced ffOM any ell welt and used by lessee off the leased premises for any porpoN Of used on the leased premhset cy the lessee !r purposes other than the dree!epmeot and operation tfend istsor that have the privilege at nit own rise and femme of using sae fees any gas well on said nand for noses end land* lights in the principal dwelling located On tee leased premaes by making hit ten a nneetlMe thereto where gas from a well or wells, espae4 0l producing gas only. is not sold ee used lot a period of one nat, lessee shall pay or tender as fomthy. as Wount ashen to the delay renni as provided b Dtratreph ibe hertOt pa]aole lineman] On the anniversary dale W this lent fOibwlne the end of raps ash peer during which such gas is not Ma or used, and while said royalty Y s paid or tendered this neon Nall be held as a predutlng property Under para- green numbered two hereof_ p ..,.f� �r� S. If nominees for the drill'[ of a well fer OU et gag are not mmmetted on and land s h or before the18th day of April .12 this lens shalt terminate as to both parties, unless the lame shall go or before mid date par or tender Cothe lesser or for the lessor's Credit In the Oreeley. National Hang .t Grgeley, Colorado 80631 or Its summon. which Sank and Its en - (more are the lessor's Sint and shall Continue as the depositary of any end �i all Mon. PsYsblt under thin Irate regardless Of thanes of OwnerahlD a geld land r a the ell and fea r in the natal* to serve hereunder. the sum of)'.4 t 141111finti -Pi fty Sax A 52kLeILII.m. width shall one erste es a rental and cover the prMllete of deferring the commencement of operations for drilling for a Deried of One Yeer. Wte seder and ohm like payments or leaden the Cemalennement of operations for drilling may further be defend far like Perteds snC ssively. AU payment* or [inners may be made by theft or dreg of lessee or any amine, term& mailed or &layered on or befOre the rental Oaring date. either direct to lessor or *sagas or to teld anointed pant and it Is understood and agreed that the consderatioo firs rented hereto_ the down PaYeaent. revers not °MY. to privilege [ranted 1.0 tit dine then Said tett rental Is parable as aforesaid. but alto the learala Option of ntendblg that period a ettinsll and any and ell Other rights conferred henee easy al any aline entente And deliver to Later. or Wave or record: a release or releases tnyerMt any ponlOn or Parti n& of the then macrame immlam and thereby surrender tat [sass as le much portion or portions end be relieved of ell obligations as CO the serene surrendered, and thereafter the rentals payable hereunder shell be reeved Le the preponmo that the acreage covered hereon Y reduced by 3116 release Or releases. a Should thr Prat well drilled on the above descrtbed land be A dry hole, then. and In that eyeriL If a second well is riot commented on said land withiD twelve months from tsptalwn of the last rental Period the whichh rented his been paid, thti lean Shall terminete as le both parties. unless the Uwe on or before the Yplratrm r said Only. months ,hats resume the paytilMt Of rentals In the same i moµnt and its the same Manner as herelnbefM pcov:get nod it 4 agreed that upon the resumption of the payment of rentals. as above provides, that else tut Preceding paragraph hereof, governing Lhe payment of renal' end the mien thereof shall continue in force Just r though then had been no Interruption in to rental payment& T, it said femOr own& a leis Pittrea In the above described land than the entire and undivided fee ample estate therein. then the royalties said rental hereto provided than be paid the least only m the proportion when his interest bears to the whole ens undivided fee. However. such rental shall lot in - ceased at the Deal WGeeedmt renal anniversary after any reversion Ottani te COYerSM MYrnt s acquired. ', The lessee shat have the right to use. free of cask tit. oil and wane found end said land for Its operations thereon. except water trews the wells a the leaael. When required by tenor. the leant that Wry in pipe times below plow depth and shall par for damage tamed by. Its operation' to (rowing crops ed ad land. pip een anat.be denied lintel than pop feet to the hen* or bent nor on Said pinnace elthaut written cobennt Of the lessor. (dent abet bate and flea at soy (line during. or eller the emtmtion of. this ante to remove all machinery. fixturea henna. buildlets end Other Streeter's Raced on meld pitchy., snudme the right to dyke and remove all among. Lute agrega upon the comDietson of any test ate dry bole or upon the abandonment M any producible wet to restore the premYes Id their original contour u near as practicable and to IOMOre OU Installations within a reasonable nine. a It the Matt Of either petty hereto Y Wlenedhand the Privilege of manning In whole Nm pan is expressly allowed,. the mrmaou heeler shall offend to the ben devisees. metuten. administrators, sueursoea and assigns, but no lodge of ownenhth in the land or In the rentals Or mounts or any 'm doe under Oda lease than in 41ndmg on the lean* meth II his been furnished with ether the original recorded- instrument of rennyence or a dub eeeet7Ced any there or a certified copy Of the wW of any deceased Owner and Id the probing therm!. or certified copy of the proceedings showing sDpobt slot at ars adet ietret r ter the Mato of any dieleme One. whlehaar Y. Lppmprlalin treater with all original recorded instruments of conveyance or deity mtl- fled teen thereat Denary is showing a templet* chain of title both to lessor to the full lateen chimed, and an g nnet Pennant, of rents made hero• War Were mann of sad doeueaeala shall be bindles on any diner or iodine( senglfee, &Sia r. denote. admmtseatm, etanutOr, be bete a leSere, it 1t le hereby agreed that In the event this Inn shell be minima as m * part of as te Parts of the above dl'ermad Ltd and the holder oe owner of any 41.103 part or peed than -mate default a the payment of the proportionate part Ol the rent due from blot or them, such default Muni not operate to alma or affect this wen timer Y It givers a pan or 'Mg land upon which the IesM or slay assigner hereof 'hat make due payment of Yid Mnthla 1l. Lamar herby Indent& and seen Y defend nit title to the land herein described and agrees that the loses, at ire option, may pay sod discharge a .hole K u hart any totes. moaltages, or older Isms canting. tenet ar airand on or against the abort & artin ands arid, m trent tt eteresea with bebop tt shat be wknpua le the nests of any holder or header/ therm( Mad may ',mourn itself by applying a the tinehuge Of Any Such nertgaget tax Or Other tint and »tasty or rentals annals. hereunder. . IL Xmt ithstanding anything m this lease ealyunfed xe the coatnry. It aMsoreWY agreed that 1r leaser shit commence operation, ter dentin[ et any tie* while One Hue le In force. thlt lean than remain in fore and its terms shut continue so IYrg AS two Opnalbn' ale Presented sad. if prOdonlOs remake tMMlam. then as lee{ Y (Induction ememrl If within the elan, term of this Hia production on the tweed PremYea shell ease tram any With thY Iran null net ueeatyate petysded ape - ninon. for the drilling of a ee l alien be epamenW before or on the nett emoaine rental paying daft: Or, prettified leave begin{ or resonate the payment of notala in the manner and amount /e.epmMfon previded. IL rtes the etphetlod of the prYhry term of Lea* lee, production on the lewd yeeatm .shat cram fleas any taupe. lhY lease NYY not terminate provided Imam rename operatbaa foe n-oerking of drilling a well Mena Nan sees days from od esatlm wan the leer Shan mmea In Wee during the preeetittoa of Stith Operation and. If production mulltherefrom then es long as preelection dominoes, la. lessee IS hereby even the right et Its °Main, et an, Lima and from time to time. to DCOI or =Aire all or any part r part* of the ohne de- *albn• land etch other land, lean. or nit m the immediate viently flitted. sae pooling t0 be 1➢m 4014 not erceedine the. Minimum size tract on which a well may be drilled under laws, idles, or reeulatloos rti fora at the time of such pooling or unitization: presided. however. Una such units may named Such mlnlmWp by not more than ten acres if nth excess it lammed in order tO conform to ownership aubdlvttlmz or Leone Una LmYe tnell exercise Bald eWren, ea to each desired unit, by executingand recording an nutriment identifying the mitred Area. Any well drilled Or opmatlOns Conducted OD any part of each .such unit .hall be Couldered a wets drilled or operations conducted Under this lease, and there shell be allocated to the Portion of'[her abate described .load. Included Io any sued unit ,nth proportion of the anal production :tom eU wells on Such. uNt as lessors Inters*: t Loy. Ile theft portion, computed on as Anent* basis, beers to the lathe acreage of such wilt. And It H understood and agreed that the production Se allocated shall tor raWldered for all DurpoMa Including the payment or de fter> Of royalty, to be the entire Meattnad fern LH Perna Of 1114 non described laAd ha - eluded la such atilt a the same -manner as though produced SrOm the above. Qasertbsd Ind under the Lenin OS -thy lease. . 14, This lease and all Its terms. conditions And stipulations than extend CO. end w binding on each of the parties Oho nun .[hit hin regarding of whether such lessor Is named above one rerrrOlen Of whether It is aimed or any :Of the ether Palettes herein named vA Intern TM. YYt may be dais in counterpane tset1 to :n We the ismm effect ex the original iDNFOBT FEED LOTS, a Division of Monfort of Colorado a Dalaxare Corporation /4f,� e E, Flack, Vide President EXHIBIT "Dht ------- --fl'7O47L. AR2110746 edrincle M An Ronk Popp AR2106697 L B 1163 REC 02106697 07/10/87 16:36 X0.00 _ 1/004 =F 0202 "IGUrf"ANN Framat TEIN C —7RX bt RECORDER'"WELD CO, CO Ilia/maw Teel, THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown lof record (5) any protective covenants and restric- tions shown of record, and (6)any additional. matters shown below under "Additional Warranty Exceptions" The specific terms of this deed are: GRANTOR: IGve name(y and Plate(%).ol at -fence: d the spouse of the owner -grams is io.n.ng in this Deed to n•Inor hrxmrtraef r.ghts, identify grantors as hutband and wife.) - - Monfort: of Colorado, a: Delaware Corporation GRANTEE: (Gve name(s) and addresstes): statement of address; including available road or sheet number: is rector& ) Weld County, Colorado, a Body Corporate and Politic of the State of Colorado FORM OF. CO.OWNERSHIP: ()f there are two or more grantees named: they wilt be considered totake as tenants in common unless the words "`M joint tenancy- or words of the same means are added on the space below-) PROPERTY DESCRIPTION: (include county and state.) The Northeast Quarter'(NE}), Section 31, Township 6 North, Range 65,West of the 6th P.M., Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals located there under, with the exception of oil and ,gas. RECORDER' MEMORANDIDI AT TFIE TIME OF RECORDAT1ON,_7NIs- IN.. STRUMENT WAS FOUND TO BE INADEOUATY FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE. OF ILLEGIBILITY. CARBON OR PISMO CORY, DISCOLORED PAPER, erc. ti] tu C, - H N IA Ch Ch 664 Ri r. O 7 hS g~ O hi �1 sal. a _C 'A CD O H co trd 'Hr - xv 6 CO ▪ - - r �r eq CONSIDERATION: (The statement Of a dollar amount is optional: adequate (oncitlrrarron for thy. d..d .sill he oretumed .mkss this c Onveyanre+a identified Ma. gist:: in any Cate this contgdnce it abtoitde.. final and unconditional ) Good and valuable consideration. RESERVATIONS -RESTRICTIONS: taint GRANTORintends to reserve any interest in the property or to convey less than he owns, or: it the GRANTOR is oestrohng4he GRANTEES rights tn: the proPertY.. Make 'approp.atc lnditatiOn ) All oil and gas, deposits lying thereunder. ADDITIONAL -WARRANTY EXCEPTIONS: Uoctude rnortra4x Saint MI-0*d and other matters not covered above ) +' `Stgnedort` Utg; See the ;attached Exhibit "A.rt /Q 19 . MONFO OF COLORADO` INC. BY: r Grantor ro t a IFRADO ) ss. 0t e•fdtrgdrng instrument was acknowledged before me this UM day of IM by KENtOGETH Okwarste helrtni4nurkt 4 �aaada ,t WITNESS my hand and official seal. Yw� ain a' My commission expires: per. 2I r (919. Notary Pill3c• STATE OF ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of by WITNESS my hand and official seal My commission expires: xt o 4°- o tt b" Q O'+' C} O Oa "-"epaotor Cran�oy Di: }9 t7 ` -0, va i • i.fl - 19 . Notary Public 1977 UPDATE LEGAL FORMS P.O. 80X 1815, GREELEY. COLORADO 80632 NO. 70 ra-ea 870479 B 1163 REC 02106697 07/10/87 16:36 O.00 2/004 F 0203 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO'T 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 correct survey and inspection of the premises would disclose -and which are now 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. 6. Right of way for Butler -Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5, 1898, as Filing No. 67246, and by Agreement -recorded May 7, 1898, in Book 157 at Page 311. 7. Carpenter SeepageDitch, and any and all rights of way therefore, as evidenced by Map and Statement filed September 17, 1901, as Filing No. 80213. 8.- Easement and right of way for lines of telephone and telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6, 1918, in Book 512 at Page 312, affecting the following described property: A 10 foot strip of land adjoining the state highway on the East through the NEB of Section 31, Township 6 North, .Range 65 West of the 6th P.M. 9. Easement and right of Way -for electric transmission, distribution and service lines, as granted toHomeLight and Power Company by Daisy Adams and Lee Adams, in the instrument recorded October 19, 1959, in Book 1542 at Page 561, affecting the following described property: The' NE1NWh of Section 31, ,Township -6 North, Range 65 west of the Sixth Principal :.Meridian, the approximate'Center.line of which right of way_is more particularly -described as follows: �x "3 A K 0 Z N 2 --• 0 113 -4 crn to m'o � � r N x - n co r J x� N m N L+1 n O z zo �o t+t o ✓ t7 O bo o O A 8'704'79 B 1163 REC 02106697 07/10/87 16:36 60.00 3/004 F 0204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Beginning at a point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast Quarter of the Northwest Quarter (NEI, NW}); thence in a Southerly direction, one (1) foot West o£ and parallel to the East boundary of said Northeast Quarter cf the Northwest Quarter (NE}, WWI) a distance of fifty (50) feet. 10. Easement and right of way for a water transmission or distribution line or system, as granted to the North Weld County Water District, a Statutory- District, by W. M. Stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964, in Book 505 as Reception No. 1427562, affecting the -following described property: A twenty (20) foot easement, the centerline of which is more particularly described as follows: Commencing at a point of beginning, said point being on the Westerly Right-of-way lane of the County Road, a distance of 40 feet South and distance of 30 feet West of the Northeast (NE) corner of Section 31; Township 6 North, Range 65 West of the -Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly Section line of said Section 31, a distance of 1,500 feet, more or less. 11. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc., a'Delaware Corporation and The Colton Company, dated April 18,:1979, recorded June 1, 1979, in Book 870 as Reception No. 1792317, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by B & C Colton Company, recorded November 3, 1986, in Book 1134 as Reception No. 2075692, and by Sunshine Valley Petroleum Corporation, recorded January. 20,-1987, in Book 1143 as Reception. No. 2085386 and January 27, 1987, in Book 1144 as Reception No. 2086072. 12. Easement and right-of-wayfor a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, a Colorado Partnership by Monfort Feed Lots, Inc.,- (Also known as Monfort of Colorado, Inc.), a Delaware Corporation,- in the instrument recorded; February 17,"1984, in Book 1021 as Reception t�f C A 1,e 0 'y N Z �- Z Y 0 'IJ � t9 .p 0 a+ yo pa m m� ri r Z y nc r� • Y N P:1 N 0 0 t7 tea o z p ro v 0 Ow O 0 8'704'79 B 1163 REC'02106697- 07/10/87 16:36 80.00 4/004 F 0205 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO No. 1956513, the location of which is shown in the map attached to said instrument_ (Affects NE11) 13. Easement and right-of-way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc., a DelawareCorporation by- Monfort. of Colorado, Inc., a Delaware Corporation, in the instrument recorded' February 5, 1986, in.Book 1102 as Reception No._2041858, the location of which is shown in the map ,attached to said instrument. (Affects WhNE1), M m o r N µ (.77rn IX> -4 zA ,-• 0 tNI 0rn t� g: O' HI Co' 172� H;H O Co C' J bit Y N; SfY- A' 0 6. 8'70479 • AR22106696 Recorded at o'clock M., -'-- Reception No - Recorder.. AR211074? • THISDEED, Made this day of ,1987, "!L1:W '. between:Monfort of Colorado, Inc., a Delaware corporation, • r+ o CM of the County of .Weld and state of Colorado;of the first part,andWeld County, Colorado, -a body corporate and politic of the x � State-of Colorado, p7 mt • whose legal addresses.915 Tenth Street, Greeley, Colorado 80631, yn5 Z� of the ..County of Weld and state of Colorado,of the second;part, 'V v C9 WITNESSETH,That the said party of the first part,for and in consideration of th...,am..f a GOOD AND VALUABLE CONSIDERATION --RII m too to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof I y Co is hereby confessed and acknowledge&has remised,released, sold, conveyed and QUIT CLAIMED,and by these presents does remise,release;sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, Z` successors and assigns,forever,all the right,title,interest,claim and demand which the said part y of the first part , (1 aD has in and to the following described lot or parcel of land situate,lying and being in the County I t* 'I ttl 1 of Weld and State of Colorado,to wit: 1) That part of the North One-Half(Ni) of the North One-Half (Ni) of the North- X west One-Quarter (NW}), Section 31, Township 6 North, Range 65 West of the to 6th P.M., Weld County, Colorado, lying West of the private road right-of-way, w,.1 ',' over and across a strip of land twenty (20) feet wide, as conveyed by Deed n recorded July 28, 1903) in Book 207, at Page 398. 2) Any and all rights first party may own in tail-water flowing onto any or all of the properties described in Exhibit "A." o 3) Any and all easements, which benefit any or all of the properties described z; in Exhibit "A" and which direct and/or facilitate the flow of tail-water o across properties, lying to the south of Weld County Road 64. 0 C ' no RECORDER'S MEMORANDUM - ID 4-' AT THE TIME' OF RECORDATION. THIS IN- STRUMENT-WAS FOUND 'TO BE INADEQUATE - - FOR THE BEST PHOTOGRAPHIC REPRODUCTION.. BECAUSE.OF ILLEGIBILITY, CARBON OR PHOTO COPY:.DISCOLORED PAPER. ETC. - - - � DI' 0Fa. sbtocksnormantxseamotiumotxx to 01 'Jo CO TO HAVE AND TO HOLD the same,together with,all and singular the appurtenances and privileges thereunto �. :. belonging or in anywise thereunto appertaining,and altthe estate,right,title,interest and claim whatsoever,of the: tic n Said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of by o the second part, its heirs and assii Z to gnaforever. y e.. -.. IN WITNESS WHEREOF,The said part y'.of the first part has hereunto set its hand o cn and seal the day and year first above written. > •y at . MONFORT OF COLORADO, INC.' rtto (SEAL) q a ,` Signed,Sealed and Delive in the Presence of (SEAL] to o rrf� - � —if.. $Y= I � (SEAL] o e' co e` C '. 7 • ,tl ; ISEAL) • i 1. ''r<" , Y?COLORADO, to J �o o.+• ti 13 sa. '<CY, , :•• "County of yJtLp ';!'r an0 n Q• f co g instrument:was aclmowleked before me this /0-4-'A day of ' ._�l J or b"i"`^Klu�v4sli Th WFOtT,as ths,devrt of mar e( Qobp,T 'f ,*:\ ' P3 i - ' o My commission expires OCT 2.4 ,19‘"•.Witness myhand and offictal'seal. .C 1 y r� L .J0 '.. G O • :. .:NetaryPnbi4v a. n O ►� 0_ no ' No.933.QUITCLAIM DEED—Bradford Publishing Co..1821-4 Smut Street.Denver.Colorado(573-5011)-9/71 870479 ti I0 n o. �^ c u K c wfa. es.m '� O c O O or O S ear 6 d • • r r J c� Lu o� N tia rn rn N v n 7xk Z N H �o 01 a a v Parcel 1: The Northeast i of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County,; Colorado, INCLUDING -anyand all - improvements.located.thereon and all -minerals -thereunder, with the exception of oil and -'gas. Parcel 2: The .Northwest i of Section 31, Township 6 North, Range 65 -West of . the 6th P.M., Weld -County; Colorado., EXCEPTING THEREFROM a tract of -land as conveyed by Deed recorded' July _28,. 1903; 'in Book 207 at Page 398, being more particularly:. described as` -follows: - The South 120 acres `of'the Northwest I of Section 31;.Township 6 North,: Range 65 West of"the-6th P.M. - Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across:- y o the Northwest i of Section 31, Township 6 North, Range 65 West of M the 6th P.M., being more particularly described as follows: Z \ COMMENCING at a -point on North line of South 120 acres of NWi of co said Section 31, a distance of 500 feet East from Northwest corner- s v of. said 120 acres, . thence North in a_ direct route to public 'highway on the line common .to Sections 30 .and 31 Township -6 North,Range 65 West _ f - r+ fri the6thP.M.: N W O 6 ggwo r� b �O N 0 0 ' O to so. EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927, in Book 806 at Page 541, being more particularly, described as follows: 1311m ✓ O N N SA C>07% ow t K )0 b.: 0 CON TAO O " Zo All that part of the North.} of the North } of the Northwest i of -,-.002,T Section 31,'Township 6 North, Range 65 West of the 6th P.M., lying 111-4 West of the right of way for a private road; over' and across the r, strip of land 20 feet wide described above, as conveyed by Deed m 'recorded July 28; 1903, in.Book.207 at Page 398. R' - w ma - Also EXCEPTING THEREFROM" all that part of the -Northwest i' of said Section "31 lying North of the North line of the South 120 acres of o said Northwest i,'South of the South line of the North-i of the 6 North } of said Northwest - i and .West. of the right of way for a ; - • m c private road,- over. and across the strip of. land 20 feet wide. a described above, as oonveyed by Deed recorded July 28, 1903, in o EXCEPTING THEREFROM any portion of the Northwest i-of said Section ' oh) 31'which may .lie South of 'the North 44_32 acres thereof and North... ' o of the South 120 acres thereof at> 0 t ��8'704'79 But INCLUDING any and all improvements located thereon an all minerals.' located thereunder, with the exception of oil and gasp AR21Q6(,98 - B'1163 REG 02106698 07/10/87 16:37' *0.00 ,1/005 _ �i — F 0206- MARY --ANN `Fv1JERSIFEIN ' CLERK "& —RECORDER 'WELD CO CO AR211D748 1Vani»rty Teat THIS DEED is a conveyance of the real property described below. including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ie51 named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANT EE. and the GRANTOR warrants the title to the property. except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE Olt pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) anv outstanding mineral 'interests shown of record (5) any protective covenants and restric- tions shown of record. and (6) any.adc itionalmatters shown below under "Additional Warranty Exceptions' The specific terms of this deed are: GRANTOR: Wave name(sl and plates) of reodenye. if the spouse of the ossner•gramor is pining in than Deed to •L•a • homestead nghta, identify grantors as husband and nife'): Monfort of Colorado, Inc., a Delaware ,Corporation GRANTEE: ICnw names and addresgrs) statement of address. including available road or street number. is rebuffed ) t Weld County, Colorado, a Body -Corporate and Politic of the State -of Colorado M to o t - f M rn rn w v g 0 CJ 0 St N Z CrEli rite. - M u 4 CD G3 00 �co w t-.. FORM OF CO OWNERSHIP: of rtivie ate two of more rrantees named. they svd1 be considered to take as tenants 1n common unless t..4 '< --.the words -in idtnl tenanCY' or words of the swine mearung ate added'.m ihe+pace below PROPERTY DESCRIPTION: (Include county and gate ) See the attached Exhibit "A.t' RECORDERS .MEMORANDUM AT THE: TIME: Of RECORDATION. THIS IN- STRUMENT. WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHICREPRODUCTION -BECAUSE. OF ILLEGIBILITY. CARBON OR PHOTO COPY, DISCOLORED'. PAPER. EEC. St) w N 30 n 0 txt—z • ar o tnt,o 0 N; CI a 0; 4•c O r3 O.N CONSIDERATION: IThe vatement of ddollar amount is optional_ ads -au -UP Consideranon for this deed salt firiOr sumed unless thts. c unvesance is identified as s. gift: in any case Ibis <OncesanCea absolute. final and untondit,ynal ) Good and valuable consideration. RESERVATIONS -RESTRICTIONS: (tl Ow CRAW IOR intends to resent. ans' mint•st in the property or TO con.,er Less than he owns: Or it the GRANTOR is restricting the CIONNI i othIS in the properly, make appropriate indreatlon ) All oil and gas. deposits lying thereunder,. and twenty-three (23) acre feet of; water supplied by, the Northern Colorado " j Water Conservancy District. ADDITIONAL. WARRANTY EXCEPTIONS:: unolurk montage% being aswmedand other matters nen covered above:) `pf rntn See the ,attached Exhibit "B.". I %StAtitOFCut_ORADO ) CbtnitY OF WELD ) 55. The foregoing instrument was acknowledged before me this /D`F4t d4ay o by ICEQAJETH MON•Fa¢Caes a 'tsrdent of Mort 4 Lto4+'e% WITNESS'my hand: and official seal. My commission expires. Abt.`'21, /479 STATE OF ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this WITNESS. my hand and official seal. My commission expires: M0NF0RT .OF COL BY: Craptor Notary Public Crantor { .'19i7 s Notary Public. r 1977 UPDATE LEGAL FORMS P.O. BOX 1815. GnEELEY, COLORADO AC532 8'70479 Na '°t B 1163 REV 02106698 07/10/$7 16:37 *0.00 2/005 P.0207 MARY ANN FETTERSTEIN-CLERK & RECORDER WELD COi:CO EXHIBIT "A The Northwest,} of Section 31, Township 6 North, Range 65 West of the 6th P.M., . EXCEPTING THEREFROM a tract o£ land as conveyed by Deed recorded July 28, 1903, -in Book 207 at Page 398, being more particularly described as follows The South 120 acres of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NW} of said Section 31, a distance of 500 feet. East from Northwest corner of said 120 acres, thence North -in a direct, route to public highway .on the line common to Sections 30 and 31, Township`6 North, Range. 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North } of the North } of the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the sight of -way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest I of said Section 31 lying North of the North line of the South 120 acres -of said Northwest }, South of the South line of the -North of the North } of said Northwest }and West :of the right, of way for a private road, over, and across the strip of land 20 feet wide described above, as conveyed by :Deed recorded July 28,-1903, in Book 207 at Page 398: Also EXCEPTING THEREFROM -any portion of the Northwest } of said -Section 31 which may ,lie South of the North '-4.4.32'acres thereof and -North of the South 120 acres thereof. But rumppING any_ and all improvementslocated'-thereon' and: minerals locatecL thereunder with the'excep Aon o£ oil and gas M OD or r r ON 01 a -a b� pin k b N zo CCO b rn o t-3 CO C9 e Z 0 CO N • Q, » N ' Ma t� n O 6 �a z 0 So tom+ o n O N 0 no o tO S'704'79 B 1163 REC 02106698 07/10/87 16:37 X0.00 3/005 F 02088 MARY ANN FEUERSTEIN`CLERK 6 RECORDER WELD CO, CO EXHIBIT "B" 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 correct survey and inspection of the -premises would disclose, and which are net 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: 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taring district. 6. Rights of way for county roads- 30 feet wide on each side of section and township lines, as.established by order of -the Board of County Commissioners of Weld County, recorded October 14, 1889, in Book 86 at Page 273. (Affects NW} only) 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in-U.S. Patent recorded May 25, 1892, in Book 51 at Page 171. (Affects NW*). 8. Right of way for Butler -Howard Ditches and Drainage System in Section 31, as disclosed by Map, .and Statement filed May 5, 1898, as Piling No. 67246, and Eby Agreement recorded May 7, 1898, in Book 157 at Page 311. 9. Carpenter Seepage Ditch,. and any and all rights of way therefore, asevidencedby Map and Statement filed September 17, 1901, as Filing No. 80213. 10. Easement and right of way for lines of telephone and telegraph, as granted to Mountain_ States Telephone and Telegraph Company by instrument recorded August 6, 1.918, in Book 512atPage 312, affecting"the following described property: A 10 -foot -'strip -of land adjoining the state highway on,the through the NE} of Section 31, Township 6'North, Range 65 West of the 6th P.M., 8'704'79 ,.; W C3 I-, N Y 01 01 tit -4 n +C 0 q N Z r' zo t4 a C CO w x Ln o H CO t9 ri r Z J n W tl �y x *. se N 33 a t7 0 ho vi th v' � o z o o v 0 O CO 0 Qo O to B 1163 REC 02106698 07/10/87 16:37 X0.00 4/005 F_0209 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Pt tit, 11. Easement and right of way for electric transmission, ow distribution and service lines, as granted to Home Light and Power rn rn Company by Daisy Adams and Lee Adams, in the instrument recorded O1-4 October 19, 1959, in Book 1542 at Page 561, affecting the i4 following described property: xyn, +e The NEINW} of Section 31, Township 6 North, Ds N Range 65 West of theSixthPrincipal Meridian, the approximate center line of which right of c M -4 way is more particularly described as follows: Maa M Beginning at a point thirty (30) feet and one x o (1) foot West of the Northeast corner of said ha co Northeast quarter of the Northwest Quarter w r (NE}, NW}) thence in a Southerly direction, -z � one (1) foot West of, and parallel to the East - n m boundary of said Northeast quarter of the W Northwest quarter (NE} MO) a distance of m fifty (50,) feet. I-. c - iv 12. Easement and right of way for a water transmission or PC distributionline or system, as granted to the North Weld County o Water District, a -Statutory. District, by W. M. Stockover and x Lucille P. Stockover, in the instrument recorded January 28, 1964, 0. in Book 805 as Reception No. 1427562, affecting the following X° described property: t o m o A twenty (20) foot easement, the centerline of o which is more particularly described as 0 follows: Oa Commencing at a point of beginning, said point o being on the Westerly Right -of -Way line of the O01 County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner -of Section 31, Township 6 North,, Range 65 West of the Sixth Principal Meridian; thence westerlyalong a line parallel to the Northerly section line of said Section 31, a distance of 1,500 feet, more or less. 13. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc.,:a Delaware Corporation and The Colton Company; dated April 18, 1979, recorded June 1,'1979, in -,Book 870 as Reception No. 1792317, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS, 38-42-106, by H & C Colton Company,_ recorded. November, 3, 1986, in Book 1134 as Reception No. 2075692, and by :Sunshine Valley Petroleum Corporation, recorded January 20,:.1987, in Book 1143 as Reception No. 870479 B 1163 REC 02/06698 07/10/87 16:37 X0.00 5/005 F 0210 MARX ANN FEURRSTEIN CLERK & RECORDER WELD CO, CO 2085386 and January 27, 1987,. in Book -1144 as Reception No. 2086072. Rs w o F+ w t— o, os g XI .c D;# N'.. O m t. C 0O iK. 70 , .00..(7.• . H CO - bbl Z �. nm nt 4 Y. *5 N N gA n Q 6 tz1 ya X) Cs g p . Q r C n OC o- C10- O cn 8'704'79 �ait MAY► A4 f �1PC 4 I/ FORM NO. GE000 Caorado Rnion Form 342 ALTA Owners Policy —Form 9-1970 Amended 1047-70 - 1 I4 14 4 h 1 A4 14 1 1; 4 � 41An A1n J� . J11* Y Y POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein caned the Company, insures, as of Date of Policy shown in Schedule A, against Joss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys` fees, and expenses which the Company may become obligated to pay.heraunder. sustained or incurred by the insured by reason of: t. 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 rightof accessto and from the;land; or 4. Unmarketebility of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its d* authorized officers as of Date of Policy shown in Schedule A ♦ J �� i -will^ 3. t Transamerica Title Insurance Company SecretarY -GZ12i-;;;;XiS® 8'704'79 SCHEDULE OF 'EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy_ 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant- (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date suchclaimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such injured claimant became an insured hereunder; (c) resulting in no loss :or- damage : to the -insured claimant; (d) attaching orcreatedsubse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interestinsured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION Of TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next ofkin, or corporate or fiduciary successors. (b) "insured Claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": acthal knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land does not include any property beyond the lines of the area specifically described or referred to. in Schedule A, nor any right, tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which aright of access to and: from the land is insured by this policy. (e) "mortgage": mortgage. deed of trust, trust deed, or other security Instrument (f) "public records": those records which by law impart constructive notice of matters relating to said )and. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a'purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, 'however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage'given t0 such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF . CLAIM TO BE GIVEN BY AN INSURED CLAIMANT _ (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings_ commenced against such insured, or a defense interposed against an insured in an action to enforce -a .contract for a sale of the estate or interest in said land. to the extent that such litigation isfotmded upon. an alleged. defect; lien, encumbrance, or other matter insured' .against: by this policy (b) The insured shall notify the Company promptly in writing 6) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liablebyvirtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required:.provided. however. that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudicedby such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- nriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive. anyprovision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy. the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion,. to appeal from any adverse judgment or order_ (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any ae:ion or proceeding,. the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the company all reasonable aid in any such action or proceeding,. in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred_ 4.. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the nOtices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under .this policy shall be furnished to the Company - within 90: days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30: days after .such statement shall have been furnished: Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this: policy as to such loss or damage.. : Continued on Front of Bs& Cover - v 870479 FORM NO. G5000-i - FOR U9E WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION, OWNER'S ►OL1CY-FORM 9- 1970 (AMENDED 10-17_70) SCHEDULE A Amount a Insurance S 368,, 750.00 Date of Policy August 18, 1987 " 7.0O A.M. 1. Name of Insured: Policy No. .::8025173 Order No. Sheet 1 of 5 WELD -COUNTY, COLORADO, a Body Corporate and Politic of the State'of Colorado 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE ,SIMPLE 3. The estate or interest referred to herein is at Date of Polity vested in: WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado' ;370479 FORM NO.: C-15000-2 FOR uSE:WITH COLORADO RIOION AMIRICAN LAND TITLI ASSOCIATION LOAN POLICY FOR USE WITH COLORADO RIDION AMIRICAN.LAND TITLE ASSOCIATION OWNER'S fOl1Cy. 8025173 Sheet --2 of 5 SCHEDULE A. —Continued The land referred to in this policy is situated in the State of Colorado, County of weld and is described as follows: The Northeast 4 and the Northwest , of Section 31, Township 6 North, Range 65 west of the 6th P.M. EXCEPTING THEREFROM a tract o£ land as conveyed by Deed recorded July 28, 1903 in Book 20J at Page 398, being more particularly described as follows:' The South 120 acres of the Northwest 1/2of Section 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest 4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NW4 of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West o£ the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927 in Book S06 at Page 541, being more particularly described as follows: All that part of the North 4 of the North 3 of the Northwest . of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest 4 of said Section 31 lying North of the North line of the South 120 acres of said Northwest 4, south of the South line of the North 1 of the North'1/2 of said'Northwest 4 and West of the right of -way for a private road, over:and across the strip of, land 20 feet wide described above, as conveyed'by Deed recorded July 28, 1903 in Book -207 -at -Page 398. Also EXCEPTING.THEREFROM any `portion: of the Northwest 4 of -said Section - 31 which may.lie outh of the:North 44.32 acres thereof and North' of the South 120 acres thereof., FORM NO. C-6000-36 FOR USE WITH WLORADO RUMOR AMERICAN LAND TITLE ASSOCIATION OWNER'S -POLICY -FORM S-11170 (AMENDED 10-17-70) 8025173 Sheet:3 of ,5 SCHEDULE This Policy does not insure against logs or damage by reason of the following: 1. Rights or claims of parties iu 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 cor- rect survey and inspection of the premises would disclose and which are not shown by the public words. 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 5. 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. 6. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 (Affects NWk-only) 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 25,1892 in Book 51 at Page 171. (Affects NWit) 8. Right of way for Butler -Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5, 1898 as Filing No. 67246, and by Agreement recorded may 7, 1898 in Book 157 at Page, ,311. 9. Carpenter Seepage Ditch, and any and all rights of way therefore, as .evidenced by Map and Statement filed September 17, 1901 as Filing No. 80213. 10. Easement and right of way for.lines of telephone and telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August -6, 1918 in Book 512 at Page 312, affecting the following described -property: A 10 foot "strip of'land-adjoining the state highway on the East through the NE'k of Section 31, Township 6 North, Range 65 West of the:6th P.M. 11. Easement and right of way for electric transmission, distribution and-service:lines, as granted to Home Light and Power Company by Daisy Adams and .Lee Adams, in the instrument recorded October 19, 1959 in Book 1542 at Page 561, affecting the following described property: the NE;NW1 of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center line of whit right of way is more particularly described as follows: S70479 PORM. NO. C-SOOp-3C FOR DSE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN' POLICY 1970 (AMENDED 1O -17-7O) FOR WE WITH COLORADO REGION AMERICAN LAND TITLE' ASSOCIATION OWNER'S POLICY -FORM S-1970. (AMENDED 10.17-70) 8025173 Sheet 4 of 5 SCHEDULE B —Continued Beginning at a point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast quarter of the North- west quarter (NE4, NW4); thence in a Southerly direction, one (1) foot West of and parallel to the East boundary of said Northeast quarter of the Northwest quarter (NE4, NW'4) a distance of fifty (50) feet. 12 Easement and right of way for a water transmission or distribution line or system, as granted to the North Weld County Water District, a Statutory District, by W. M. Stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964 in Book 505 as Reception No. 1427562, affecting the following described property: A twenty (20) foot easement, the centerline of which is more parti- cularly described as follows: Commencing at a point of beginning, said point being on the Westerly Right -of -Way line of the County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31, a distance of 1,500 feet, more or Tess_ 13. Oil and gas of Colorado, dated April No. 1792317, lease between Monfort Feed Lots, a Division of Monfort `-Inc., a Delaware Corporation and The Colton Company, 18, 1979, recorded June 1, 1979 in Book 870 as Reception and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by H & C Colton Company, recorded November 3, 1986 in Book 1134 as Recep- tion No. 2075692, and, by Sunshine Valley Petroleum Corpora- tion, recordedJanuary20, 1987 -in Book 1143 as Reception No. 2085386 and January 27, 1987 in Book 1144 as Reception No. 2086072. 14. Easement.and right of way for a pipeline or pipelines,.or other appurtenances, as granted to .Natural Gas Associates, a Colorado Partnership by Monfort Feed:, Lots, Inc., (Also known as Monfort of Colorado, Inc.),.a Delaware Corporation, in the instrument recorded February 17, i984`in .BookA.021. No. 1956513, the location - of which is -shown in the map attached to said -instrument.' (Affects NE4) 15. Easement and right of way -for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, IZIc.,, a .Delaware Corporation by Monfort of Colorado, Inc.,:a Delaware Corporationl in the instrument recorded February 5; 1986"in'Book 1102 as Reception So. 2041858, the location of which is shown in the map attached to said instrument. (Affects W'1NE4) X04'79 FORM NO. C-6000.36 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 <AMENDED 10.17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER's POLICY -FORM S-1970 <AMENDED 10-17-70) 8025173 Sheet 5 of 5 SCHEDULE B —Continued 16. All oil and gas deposits lying thereunder as reserved by Monfort of Colorado, Inc., a Delaware Corporation in the Deeds to Weld County, Colorado, a Body Corporate and Politic of the State of, Colorado, recorded July 10, 1987 in Book 1163 and re-recorded August 17, 1987 in`Book--1167 as Reception -No. 2110746,_and re- corded July,10, 1987 in Book as Reception No 2106698 and re recorded August 17, 1987 in Book 1167 as Reception No. 2110748. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not neces- sarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (c) Colorado Interstate Gas -Company, recorded August 31, 1984 in Book-1041.as Reception No. 1979784. (d) -Associated Natural Gas, Inc., recorded April 23, 1986 in Book 1110 as -Reception No. 2050953. 8 7f34'79,, 44.71 Or COLORADO ' ot...nco..,meos. DearReal`Estate Furchaser.'_. ', ✓ i -0nw�cs.+. fNTuaf:?eaW'... r aaccwat tee STATE orrice BUILDING • 2Oi G COLFAX AVG '.OErN[R COLORADO'.6203 [I Foliating this letter you-w11:1:'f ncY a brief= eltp tanaifon of your title ' C,.ipsuranoe-.caamTtment and-yoticy ,. 7dtla ipsurance,companties are regulated by this Division„as'are other, typesof insurance_ tonpanles.:i: This Division makes certain that cone patties issuing title insurance commitments and title -insurance pol-icies:.zre;,:i c.:. ,financially sound, and that they: operate.. In accordance withstatutes. and „..,....>..- 'ro9ulat7bns. We also have a great interest in making'cei-iain that you, as the 'consumer understand the- purposcof- title insurance" and -that you:understand yourrtghts under your-lnsurance`poi}cy. -'--- - - In :the -:avant you. -are.: dissatisfied ..with responses,given: to your goes_ -.. stens or -problems, by-tyout,:xitlaiiesurancer companyG youiarer encouraged to send,.your, Questions, concern] ng title,Lnsurance_ or any, comp lai nts that you mey.:have.,Agatnsi your =tlila instirett to Ehl S -Office_ .We, are on hand -to maker—, .:certain that -.all. your figh's and rebottles, :both under your poi icy, and under lane; are,ava1161p to;You.at II ti rCHARD BARNES, sstaier of Insurance As apurchaser-ofa home or other real estate you may receive a"CommitmentforTitle-insurance ancra"Poky of Titlefnsurancer Both cf these documents. like many others in connection withh--your purchase, are contracts creating legal rights which you sh0uidtreddcarefullyand - which you.may wistrto'have examined and explained by a lawyeror other adviser. While the fallowing' descriptiorrof thesedocuments cannot change the. precise terms of these documents, it ishoped that this Wilt help. You -to Understand their purpose and effect and answer some of yourquestionS.about them. . ..,..•- QUESTION:"WtiATISTITLE INSURANCEP" - ANSWER. Basically, it is a contract withthetitle-insurance company in which the company agrees to,defeM,and •indemnityypuagaiast iosses which you, may suffer because' ofunreported defects in,ihe.: tine to your property.aspf the :date -of the contract;lt,isi not -casualty. insurance and, therefore. does not protect_ you against acts of theft or, damage to your home by firestorm and .the, ;like. Essentially, the insurance insures that you have tire to'fhe'property subject onlyntp"certain exceptions antezclusion3listed in the Policy ofitttle insurance„ Title insurance recognIzes the possibility of toss but transfers the risk.0f le;sifforrnyoU as property owner.,to the company issuing iitepolicy.. For this reason title insurance companies are required to maintain reserves to cover losses Itarefinancin our purchase,your-lender will ordinatil ,r - you_ 9y y eGutre.that you obtaiDaseparate Lendor's Poky Coinsure thafyour:property will in Tact serve as security for its loan. r;, QUESTION:" -WHAT, DOE$:5HE'PR£MIUMPAY„FOR2" - :-- f- _ ANSWER: The one time, non -recurring premium pays for several. things, It helps to pay for the cost of collecting: mamtammg, searetiing andexamining real estate records and certain other public: teoords,which; relate,to-your property son that the title insurancecolnpany can determine the: insurability, of your: title.- For example,;he titleinsurance company will determine whether the public -records show that your seller really owns the property. what mortgages or liens to recorded "(egetclaim) may existwhether there are restrictive covenants on your CONTINUED ON REVERSE U70 179 property or easements which allow persons to cross your property or to place utilities acrosss_your-pr__operly The premium also serves to finance certain degaro`sts h ehmayaisiiii oiiiiltl"e"isrcheffenged. kaiff rially payment of the premium requires the bite insurance company to indemnify you for.anyzlosseseyou suffer as arfresult of -the :title company's failure to fulfill its contractual obtigations under your tale polity. -• QUESTION: "WHAT IS A'COMMITMENT00WI TLE INSURANCE?" - ANSWER A C,igmmeYmenttor Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps. have. been taken, such as thepayment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule 8 —Section 1. In Schedule lit —Section 2 "Exceptions: the commitment also. summarizes certain existing. limitations onthe use of - your property. the defects in your title and liens against your property. Your policy will not protect you against these -matters. You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been.. met. These other matters are usually'such things as restrictive covenants or easements for utilities and the like. You should carefullyread both the "requirements.' and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting -the -title to which you did not agree when you signed the contract to purchase your property. - - Some df the "exceptions" are standard and will not normally be covered by your title policy. The first standard exception is -any claim by parties in possession of the property which is not Shown by the public records. This means, for example, that someone may have been living on the property for a long period of time and may claim that they own the property, even though they d0 not have a recorded deed: ormay claim that they are somehow Otherwise entitled to be on the property. The title insurance company could not learn of such a claim by examining the public real estate records. You should inspect the property to make sure that anyone tivingthere will respect your ownership... Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement, even though there is no instrument ofrecord givingthatperson the authority to doso.,__ - - -. - Exception 3 of the standard commitment in essence says that the title insurancepoticy-will nratMsure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularlyyou: do not havizra survey. AgaircaYitte insurance company cannot determine whether such problems sedst on your propertybecause employees:of theethtetnsurance companywitt not inspect the -property unless they are specially requested and paid to doso. .. .. - - _ ; Exception 4 excludes liens which may be filed against your property by so neonewho may have done work on the property and whO has not been paid. The title insurance company does not have any way of determining whether such'ctaimsmay exist in the absence of some • recorded document. You may wish to verify that no such unsatisfied claims exist. The fifth standard exception., is for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies alsoexclude taxes and special assessments which. may be imposed againstyour property which are not recorded in the public records. or the amount of whichhas not yet been determined. - If you are purchasing. a:single family residence: you may wish -to'checktOsee fyou are entitled to obtain endorsement Form No.130 which remoVes several of the standard excePtions and wilt give you'inSurance forsomeof thoserhatters - You will see that the commitment'shovei the aMeant'of title `insurance to'be 'issued, togetherwittr the'amount of the premium charge. Your seller should check witti-his' broker and -with the title insurance company wing the COMmitment to make certain that he has paid the lowest premium to which tie is entitled:for there has beerfa $tte insurance pOllcy issued to yOurseiler within the last two years, he may be entitled to receive some credit for the prior premium again3fthe amount 0toremiam-which hewill now pay. QUESTION: "WHAT IS THE POLICY OF TITLE INSURANCE?" • ANSWER: The Policy of Title Insurance is a'document which will be issued to you after your purchase transaction is concluded. It too, is a standardised document, the printed portions of whichlfavebeen approved by the Commissioner of Insurance. Schedule A of your policy will set for p, emengbthermattersitheamount of insurance coverage, your name as the insured, your interest in the property, such as actual ownership or a leasehdtafinTereretearickitle.{e`gal description of the property; Your title insurance policy, as any other,insuranee has .&teeter* from coverage: These will be set forth in Schedule B. of your policy and in the Schedule of Exclusions from Coverage. Matte$ which may limit coverage will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy, you will find those items against which the title insurance company does not, or cannot, insure. Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Scheduleof-Exclusions-from-Coverageexciudesmatterssuch-anorinwordtnances-which-regutate'hoWtheproperty may be used, rights which may be possessed by a governmental body and which might be exercised against the property. and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also, excluded are defects or -.encumbrances which- may be placed upon: theproperty subsequent to the. date of the policy. You should remember that a titlepollcy is not a.promise of indemnity against _some detector claim against your title: which -maybe -created in the future. It, doesprotect you against loss or damage, existing from defects in the line, to real property existing prior to and as of the,date of the policy eJenthough they may not be discovered .until -some future date. : - -_ The language concerning Conditions and Stipulations under which the title insurance company issues its policy cent8ms an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property,or that theyown part of. it, and you cannot find that right set forth in yobr policy as an exception or an exclusion. you must notify the title insurance company in writing of the situation. The address tor this notification will normally appear in your policy. Prompt notificatdon wrlF "enable you and the. company toedeal with the matter or problem that youraise: if it Iscoveredby the policy: so that dispute may be reaolved inns timely a manneraspossrble. You'shoUld know'that if the problem i5, covered by your• title. insurance, policy, a title. Insurance company must usually bear the costs of litigation, either to defend your title jitthe event of an.adyerse claim against it,or"sometimes, to bring affirmative fegataction to cleanup tare problem: In'so doing; the htle`ins0rance company retains the righter settlmg the:cfairr, orrpursuing the matterttuOugb'thecourtiCifit believes that the rights asserted by a third party against your property are not!legelly justified. ft the' title' insurance company takes the posrfton that the matter which -you rakels. not covered by the tent of theelitle insurance policy; It must sofiotifyyou-as soon asveagonablypossible after you Present Your Claim.. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT. FOlfliTLEE f$URAtiCE OR POLICY OF TITLE INSURANCE?" ANSWER .-You should certainly ask them OYyour attorney the seller, the tender or the -title insurance'comparry:if you de mot recehre'a satisfactory answer :toyour questions, you may contact the office of the'ColoradoComm%ssionerof I nsurance: J. Richard Barnes. Commissioner. - Department ofRegulatory Agencies, 106 State Office Building, Denver, Colorado 80203. - FotFtt?u_,C-13213. - s -14� Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company, -... 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured; and all costs, attorneys' fees and: expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been. definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter_ _ 7. LIMITATIONOFLIABILITY No claim shall .arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insuredagainst hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a: reasonable time after receipt of such notice; (b) in the event of Minton until there has been a final determination by a court of com- petent jurisdiction. and disposition of .all appeals therefrom. adverse to the title. as insured, as pmvided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured. in settling any claim or suit without prior written consent of the Company. S. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such .loss or destruction shallbefurnished to the satisfaction of the Company. _ <. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any (meant the Com- pany rosy pay under policy insuring either fa) a mortgage shown or referred to. in. Schedule B hereof which is a lien on the estate or Interest covered by this polity, or (b) a mortgage - hereafter executed by an insured which is a charge or lien on the estate or Interest described or referred to hi Schedule A. and- the'rutimint so paid shall be deemed a. payment under this policy: The Company shall have theoption to apply to the pay:. ment of tiny such mortgages any amount that otherwise would be.payable hereunder to the insuredowner of the estate or interest covered by this policy the amount so paid shalt be deemed a payment under policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall becomputed. and settled on a pro rata basis as if . the amount of insurance under this policy was divided prorata asto-the value on Date of policy of each separate parcel. to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shownby an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SEiITEMENT. Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vestin the. Company unaffected by any act of the insured claimant The Company shall be subrogatod to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property do respect to such claim had this policy not been issued, and if requested by the Company, such insured. claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment - does not cover the loss of such insured claimant the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant,` such act shall not void this policy, but the Company,:. in that event shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, .lost to the Company by reason of the impairment of the right of subrogation. f2_ UABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instrmnents, if any, attached hereto by the Company is the entire policy and contract between theinsured and the Company. Any claim of loss or damage, whether or not based on. negligence, and- which arises out of the: status of the title to theestate or interest coveredhereby: orany action asserting. such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy: can be madeexcept by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the. Company. - 73. NOTICES, WHERE SENT All notices, required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title -Insurance :Company,. P. O; Box. 605, :Denver,... Colorado 80201. : . O1 S'10--79 1411.- _. _..yam.....-...:_-...__.,_. rte o...:��__air_�..4-. - T —13 w • 14 �4 �5_4 1 M 2 co �,f b $ yyy g M 1! '� —w.1-' ESN afs .-.3tV • ItIi • It1i ' IUi • ihI • IiII • tui • 1il} • IllI H a co g� PO r -.. - i ii 4.1-t gpIi si t-iTs ?:!- t", tt _ r 4 i!t Km 14 4 if . C Ai I4 um' 3 0 -- - - N _ ! I *t „ K m Ito 479_ jPil 'PROPERTY ADDRESS N/A SELLER Monfort of Colorado, i'_SETTLEMENT DATE Inc. STATEMENT OF SETTLEMENT SELLER'S U PURCHASER'S rLEGAL DESCRIP'T'ION: See the attached Exhibit the, primed bastion of this form ,ppro•ed by dx Colorado Red ENme Cpmm1„100 65-60-7-711 Weld County, Colorado, a body PURCHASER Corporate _aid Politic of the State o£ Colorado - DATE OF PRORATION July 8, 1987 r n.u'r Credit 368.750 00 1. Selling Price 2. Deposit, to paid 3. Trust Deed, payable to 4. Trust Deed, payable to g. Trust Deed, PaYoff to Loan Assumed 6. Interest on 7. Title Jns;'Pretr Paid b Seller 8. Abstract ng: Before Sale ! 9. ' After Sale 10.Title Exam. by 11. Record g: 1Varranty Deed. Exempt as per Section 30-1-103, CRS 12. Trust Deed 13. Release 14. -:: Other IS. Documentary Fee Exempt as per Section 39-13-1022 CRS J Z Due 16.: Certi(iee-te of Taxes ! 544 Year(s) Exhi bkt_"B" 17- _ Taxes fox Preceding See attached �' "C^ 563 55 18._ Taxes for Current Year See attached Exhibit 39. Tax Reserve Taxes 20. Special 21. Personal, "Property Taxes 22. Hazard Ins-Prem. Assumed —Policy No- Co. Term Expires $ ° Yr. _ Premium $ Days Unused at st per day 23: ;' Premium for New Insurance' 24.:" Hazard Reserve ins. Ins, Assumed 26.: FHA Mortgage Ins 6.S- FHA; Mortgage -Reserve 2?_ Loan Service Fee (Buyer) 26.. Loan Dittcount Fee (Seller) 2& . Interest on New Loan 30. — urvey:andlorCredit Report 31_ Appraisal Fee 32.. Water anti/or Setter 33: ; Rents =-, ,24. SecurityiDeposits 3b<_ Loan Transfer Fee . 36- Loan Payment Due 37.' Broker's Fee 368,75000 1-107 72 tub " T -Totals : Mance due toba:n:aS811eT 367 ,_642 �8 —,•r`:�.,1r•r•r.'rl1 368,750 00 _—r.—... lAR_750' 00 '17r'ArwY The above Moths do not include sales or oat taxes on personal property APPROVED and Weld County, Colorado, a Body ' Corporate and Politic Attest: Purchaser/PX--ErNiCar — trrrim�c � G°'S . ,on=e Lady C airman Board of Count ommissioners of Weld County '7C: fU-J'iC Scria— -EXHIBIT -^A` Parcel 1: The Northeast } of Section 31, Township 6 North, Range. -65 West of the 6th P.M., ,Weld County, Colorado;. INCLUDING --any- and -all improvements located thereon and.all minerals thereunder, with the exception of oil and gas. Parcel 2: The Northwest } of Section 31, Township 6 North, Range. 65 -West of the 6th P.M., Weld County, Colorado.; EXCEPTING THEREFROM.a tract of land as conveyed by heed recorded July -28; 1903, in -Book 207 at Page 398, being more particularly described as follows; The South 120 acres of the Northwest } ofSection31, Township 6 North,.Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest } of Section 31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of -NW} of said Section 31, a distance of 500 feet.East from Northwest corner of said '120 acres, ' thence..North in a direct route to- public -highway on the line common to Sections 30 and 31, .Township 6 North, Range 65 West of the 6th P.M. Also-. EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded' March 22, 1927, in Book 806 at Page $41, being more particularly described as follows: All that part of the North,} of the North i of the Northwest } of Section 31, Township 6 North, Range 65 West of the6thP.M., lying West of the right of way for -a private road, over and across the strip of land -20 feet wide described above, as conveyed by Deed recorded July 28; 1903, in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest } of said Section'31 lying North of the North line of the South 120 acres of said.Northwest i, South of the:South line of the North },of -the North .1 of said Northwest k and. West of the right of way -for a - private .road,• over and across .the strip .of land -20` feet wide described above, as<conveyed by Deed recorded July 28,.1903, in_ Book 207 at Page 398. Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie south of the North 44.:32 acres thereof and=North of the South 120 acres thereof. 8'704'79 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas. 8710473 REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES THIS AGREEMENT is made and entered into as of the 10th day of July, 1987y by and between MONFORT OF COLORADO, INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weid County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of the real property and improvements which are described in the attached Exhibit "A," which real property and improvements are hereinafter referred- to - as "Parcels 1 and 2." Purchaser has received the sum of $544.17, which is payment for certain real property ,taxes for the Parcels 1 and 2, figured as follows: Second half -of 1986 -real property taxes for Parcel 1 which is still'due payable: $'328.12 See the attached -Tax Certificate from the Weld County Treasurer for Parcel 1. Second. half of 1986 real property taxes :for -Parcel 2 which is -still due and payable: $216:05 See the attached Tax Certificate from the Weld County Treasurer for Parcel 2," TOTAL DUE FROM .SELLER FOR 19.86 REAL PROPERTY TAXES WHICH ARE STILL DUE AND PAYABLE $544.17 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTESTr Q.uf'6Lt4waZ Weld CoUMty Clerk -and Recorder and Clerk to ahrd By: _ Deputy/Coiuityerk PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO �� Page 1 of 2 Pages 870479 MONFORT OF COLORADO, Delaware -corporation STATE OF COLORADO S. S. COUNTY OF WELD CERTIFICATE OF TAXES DUE 1, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, ai appears of record in the office, on the following described property, to wit R NO. ARCEL E ; NDOR 1281386 62080331000008 P MONFORT 4F COLORADO INC BRUCE BARKER 1'i/7'07 zcerr: • *1986 TAXES` $432.'0 13831 :N44..32A NId4 31 6 %1 648r fl ST'J. i 65 E OF PRIVATE fib (2R2 •1986 RE1-111 ESTATE: TAXES :7'1p PAL_ TF+X_S DU -• •NORTH _RN CO EuATEFi rONS ERVANCY ':-(62020:53-100000.3:400) 1sT HA�:F TAx�s r-n;:x; - 21wE ,rAL 'AXi i "DUE �2:6,05 si 7,.25 Si 0TAL A1IGUS A C;EL IS s272,2430:. : This :does not include. landor improvements assessed separately or. special District assea8mente unless specifically requested. 1ST HALF 1983 TAXES F;AIr1 $216.05x Sy JULY 02, 1987 FRANCIS M. LOUSTALET r TREASUZEER OF WELD COUNTY /! , gar -•.> 79v R NO. /1RCEL XCEPT STATE OF COLORADO S. S COUNTY OF WELD CERTIFICATE OF TAXES DUE I, the undersigned, County Treasurer In and for said County, do hereby certify that there are no unpaid taxer, or unredeemed taorsal's. as appears of record in the office,: on the following described proDatty. taunt i281786 620803310040'32 — Ts MONFORT OF COLORADO INC BRUCE BARKER M,(708 *S986 TAXES $656;24 TOTAL Flifl'.L(N DUE FOR THIS PARCEL. IS $328.12 This does not Include land or. Improvements assessedseparately or special District assessments unless specifica0y requested SST HALF 1986 TAXES PAID $328.12* By JULY 02, S 987 8'704'79 FRANCIS M. LOUSTALET T41teck' F WELD COVN/T`y 2 1. EXHIBIT "C" REAL PROPERTY TAX AGREEMENT -FOR 1987 TAXES TO DATE OF CLOSING THIS AGREEMENT is made and entered into as o£ the .10th day of July, 1987, by and between MONFORT OP COLORADO., INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the . Board of County Commissioners of. Weld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser,.' of the real property and improvements which are described in the attached Exhibit 'A,' which real property and improvements are hereinafter referred to as "Parcels 1 and 2." Purchaser has received the sum of $563.55, which is payment for certain :real property taxes for Parcels 1 and 2 for the year 1987, proportioned to the date of closing, figured as. follows: 1. Seller's portion of the 1987 real property taxes -for Parcel 1, as proportioned to July 8, 1987, for the sale - and purchase of Parcel 1. Using the 1986 ,taxes as an estimate for 1987 taxes: 1986 taxes for this property = $656.24 189 days up to and including July 8, 1987 $656.24 x 189/365 =' $ 339.81 2.. Seller's: portion of the 1987 real property .taxes ,for Parcel 2, as.proportioned :to July 8, 1987, for the sale and <purchase of Parcel 2. Using the :1986 taxes as a1 estimate for 1987 taxes: 1986 taxes for this property = $432.10 189 days up to and including July 8, 1987 $432.10 x 189/365'= $ 223.74 TOTAL DUE FROM SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS 1 AND 2 UP TO THE DATE OF CLOSING $:%563.55 870473 Page 1 of 2 Pages IN WITNESS WHEREOF, the parties have executed this.Agreement day and year first above written'. Weld Copnty`C1erk and Recorder and_Clerk tO tej$oard PURCHASER: WELD COUNTY,COLORADO, a body, corporate and politic of the State of Colorado, by -and through the BOARD --OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO MONFORT OF COLORADO, Delaware corporation Ih/ 1."+a.A :•.leap a,-th4 11.94, avynaky'4,'l 2ulor.e:• 14.41 !.till "twins..,' Issad•h}ti stATl;an;::,. +,1 : f..P1i,P;mENr SI':1.Lh:1C:1 ix t': PROPERTY AUURESR M f -SELLER Monfort of Colorado, Inc. ;SETTLEMENT DAZE LEGAL DESCRIPTION: See the attached Weld County, Colorado, a body i'iIRCHASER ` Corporate and Politic of the State of Colorado I :'."lls OF PRORATION- Jul`, th 1987 r Exhibit " A." Debit Credit 1. SellingPrloe 368,750 00 Depmit; to ;'2:; paid - 3. Trust Deed, to payable 4. Trust Deed, to payable Trust Deed, to ,6.: payoff "6.Interest on Loan Assumed r 7. Title Ins. Premium' Paid by Seller 8.' Abstracts g: Belore Sale 9. - . Alter Sale Is; 30. '[title Exam. by I 11. Itecordin : Warrarrtyl)eeti Exempt as per Section 30-I-103, CRS 2_ 7 Trust Deed 13. ' Releaw 14. I- Other 15.'' I)ecurnentaryFee: Exempt as per Section 39-13-102, CRS 16. Certificate of Taxes Due 544 17 17. Tcuces,for 'rrecedingYear(s) See attached C "B" .E•thibi 563 55 18. Taxes forpurrent Year See attached 'Exhihit _ 9. Tax Reserve 20.'Special Taxes . Personal Erroperty-`I?axea .: _ .. -, ;. hazard Ins.Prem. Assumed -Policy No. Co . $ Yr. Terns Expires Premium $ bays Unused at 0 Per day Premium for New Insurance . 4.. Hazard Ina.'Reserve IAA DfoSage Ins. Assumed ----- ------- 8. FHA Mortgage Ins. Reserve 4: Servjee Fee (Buyer) _ :Loan 8. `Loan Discount Feet(Seller) , on New Loan . •Interest _ ."Surveyy gnat Tor Credit Reporter — 1. Appraisal Fee 2,. ;WaterraporSewer Rents - _ . 4. Security Deposits 'Loan Tra fer Fee` Loan Payment Due 7: Broker's Pee ub-Totals s 1,107 72' 368,750' 00 - a ance W) from Buyer 367,642 28 368,750 00 368,750 00 OTALS above flytatis do not Include sales or use tuxes ou personal prop.+I y APPIW Mb an;l ACCEPTED Seller Monfort of Colorrt4o. Inc_._ . C l' Ktnkcr 8'704'79 11y EXHIBIT Parcel 1: The-Sortheabst .1.:,of;: certionz:;31... h p:Z 14orth .Raage,:65:.:West: o£ the 6th P.M.,_ Weld County, Colorado, INCLUDING any, and all improvements located thereon and all minerals thereunder, with the exception of oil and gas. Parcel 2: The Northwest i of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld .County, Colorado, EXCEPTING THEREFROM'a tract of:land as conveyed by Deed recorded July 28, 1903, in Book 207 at Page 398, being more particularly - described as follows: The South 120 acres of the Northwest } of Section 31, Township 6 North, Range 6.5 West of the 6th "P.M. Also, EXCEPTING THEREFROM a strip o£ land 20 feet wide over and across the Northwest i of Section 31, Township 6 North, Range 65 West o£ the 6th P.M., being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of-NWi of said Section 31, a -distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line commonto Sections 30 and 31, Township 6 North, Range 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded, March 22, 1927, in Book 806 at Page 541, being more particularly described as follows: All that part of the North f of the North } of the Northwest i of Section 31, Township 6 North, Range 65 West of the 6th P.M., lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in Book ,207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest i of said Section 31 lying North of .the' -North line of the South 120 acres of Said Northwest i , South of the South line of the North i of the North i of said Northwest i and West of the` right -of way forr-a private road, over and across- the strip of.land 20 --feet wide described above, as'conveyed by Deed recorded July 28,;1903, In - Book 207 at Page 3982 - Also EXCEPTING THEREFROM any portion of the Northwest i of said Section 31 which may lie South of the North 44:32 acres thereof and :North; of the South 120 acres ;thereof. 8'70'4'79 But INCLUDING any and all improvements located thereon an allmineralslocated thereunder with the exception, of oil and gas:. REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES THIS AGREEMENT is made and entered into as of the 10th day of July, 19$7:, by:and ,•between, MNEORT :OF -:COLORADO., ..1111C., .a%Belaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County CommissionersofWeld County, 915 Tenth Street, Greeley, Colorado 80631, as "Purchaser," of. the real property and improvements which are described- in the attached Exhibit "A," which real property and improvements are hereinafterreferred to as "Parcels 1 and 2." Purchaser has received the sum o£ $544.17, which is payment for certain real property taxes for the Parcels 1 and 2, figured as follows 1. Second half of 1986 real property taxes for Parcel 1 which is still due and payable: $ 328.12 See the attached Tax Certificate from the Weld County Treasurer for Parcel 1. A 2. Second half of 1986 real property taxes for Parcel 2 which is still due and payable: $216.05 See the attached Tax Certificate from the Weld County Treasurer for Parcel 2. TOTAL DUE FROM SELLER FOR 1986 REAL PROPERTY TAXES WHICH ARE STILL DUE"AND PAYABLE $544,17 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST Weld County Clerk and Recorder and Clerk to,thBp¢rd By: _ Deputyerk PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of thee State of Colorado, by and through the BOARD OF COUNTY -COMMISSIONERS, WELD COUNTY, COLORADO , Page 1 of 2 Pages 8740479 SELLER- MONFORT OF COLORADO, Delaware corporation STATE OF COLORADO S. S. COUNTY OF WELD CERTI FICATE OF TAXES DUE 1, the undenlgned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, et appears of record In the office, on the following described property, to -wit: TR NO. ARCEL NAME VENDOR EXCEPT — 1281386 62080331000008 - ; MONFORT OF :COLORADO INC BRUCE BARKER: M1707 *5986 TAXES - $432.50 53835 N44.32A NW4 31 6 65 E OF PRIVATE ,—{':> (2R? %4643-0 STl. 6 READ_•c=.STATE•TAXES 2 :0 He:4LI SPX_. .Di :.. -- 1 St , —,,_F. TABFIA ID — :4D TAXES .._.._ .0 This does not include land Or. ItnprovementS_ assessed separately Or special District assessments unlessspecifically requested. i S i HALT= 1986 TAXES PAID $2'i 6.05* JULY 02, 5537 FRANCIS M. LOUSTALET TREASURER or wEIA COUNTY //IL, ?�i • STATE OF COLORADO S.& COUNTY OF WELD CERTIFICATE OF TAXES DUE J, the undersigned, _ t gn County Treasurer in and. for said County, hereby. terrify that there are no unpaid taxes, or unredeemed faxsales, as appears of record in the office, on the following described property, to -wit: la NO. 'PARCEL NAME ViNDOSI 1rO. EXCEPT 4- 1281786 62080331000032 - P MONFORT OF COLORADO INC BRUCE BARKER M/708 ..TOTAL AMWON ,_E • it- IS• nCEI. This Eves not Include land or Improvements assessed separately or special Districtassessments. unless specifically requested_ JET HALF 1936 TAXES PAID $328,42* JULY 02, 1987 FRANCIS M. LOUSTALET TREASyF WELD tounT`t, EXHIBIT "C" REAL PROPERTY TAX AGREEMENT FOR 1987 TAXES .TO DATE OF CLOSING THIS AGREEMENT is made and entered into as o£ the 10th day of July, 1987, by and between MONFORT OF COLORADO, INC., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631, as "Seller," and WELD COUNTY, COLORADO,_a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth street, Greeley, Colorado 80`631, as "Purchaser," of the real property and improvementswhich are described in the attached Exhibit "A," which real property and improvements are hereinafter- referred to as "Parcels 1 and 2." Purchaser has received the sum for certain real property taxes for 1987, proportioned to the date of 1. Seller's portion' Of the Parcel 1, as proportioned and purchase of Parcel -1. estimate for 1987 taxes: of $563.55, which is payment Parcels 1 and 2 for the year closing, figured as follows: 1987 real property taxes for to July 8, 198/, for the sale using the 1986 taxes as an 1986 taxes for this property = $656.24 189 days up to and including July 8; 1987 $656.24 x 189/365 = $ 339.81 2. Seller's portion of the 1987 real property tares for Parcel 2, as proportioned to July 8, 19$7, for`the -sale and purchase of Parcel 2. Using the 1986 taxes as an estimate for 1987 taxes: 1986 tares for this property = $432.10 189 days up to and'inclvding July 8, 1987 $432.10 x 189/365 =- TOTAL DUE ,FROM ;SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS_1 AND 2 UP TO THE DATE OF CLOSING. Page 1 of 2 Pages 8'704'79 IN WITNESS WHEREOF, the parties have exe.cuted_this Agreement "the day -and year Tirst^aboverwrittem. ATTEST: Weld Countyerk and Recorder and Clerk to theoard By: PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO SELLER. MONFORT OF COLORADO, INC., Delaware corporation Page 2 of 2 Pages 8'704'79 NORTHERN COLORADOWATERCONSERVANCY DISTRICT APPLICATION FOR. CHANGE OF CLASS D ALLOTMENT CONTRACT ARTICLE I — FOR RELEASE. OF EXISTING CONTRACT - Section 1: The records of - - Weld County,. Colorado. show 'at Book 1045 ,•Page - 164 or eilm Reception : , the description of lands to which a District allotment of 23 acre-feet of water was ordered by the Board of Directors of Northern Colorado Water Conservancy District.. Said,aands are described in Section. 2 -of. this Article. Section 2: FIRST DESCRIBED. LANDS • - See. Tap. Rge: That portion of N. 44.32 ac_ of WI lying E. of Luras Road 31 APRIL,t967 6M 6SW Session 3: The -undersigned -owners end Ilenholden of all-portions'of the above "First Described Lands" hereby loin In applying for the release o£ the allotment and accomPanYing tax lien from said "Fast. Described Lands" and the disposition thereof as indicated in Articles ll end/ or tli of this ApPirsation, SIGNATURES. OF ALL RECORD OWNERS AND LIENHOLDERS FIRST DESCRIBED LANDS - Signatures - - Address Weld County, a body politic and corporate of the 915 Tenth St.LaeL, Greeley, Colorado F0531 State of alorado, by and for the Board of County -C oners / s / By Gordon Lacy . 7 2 (Signatures must be agedinspace provided on back of this form). ARTIOLE Il FOR ALLOTMENT: OF.. WATER TO LANDS - Section 1 : The undersigned owners and lienhotders of the hereinbelow "Second Described Lands" hereby join in this application for the purpose of assigning the benefits of the allotment contract and attaching the accompanyingtax lien t0 the "Second Described Lards" in the amount and to the extent shown in Section 2 of this Article. - - Section 2: SECOND DESCRIBED LANDS - (Include r0 -description of "First Described. Lands' if a portion of the allotment is to be reassigned thereto. Also, enter description of any other lard to which water is to be transferred.) Carrier Acre Names of Owners Ditch Land Descriptiort Sec- Twp. Rae- Feet Monfort of Colorado, Tnc- New CarhP All of Ser-c Fxc_ riNE4- E.xc all Exist. R!W & PRSP FIN _6SW f Section 3: Applicants agree that the following terms and coed tions shall apply to any water allotment contract which results from an Order of the Board baud upon this application: (1 ) Applicants shall pay for the amount of water contracted and allotted hereunder by. the Board of Directors of Northern Colorado Water Conservancy District t a rare to be fixed annuslly by said Board for each acre-foot so contracted. (2) The allotment contract shall be for beneficial use of water as a supplemental irrigation supply upon the hereinabove "Second Described Lands," and the annual cherges therefor shall be a tax lien upon said lands. However. the use of the water shall not be limited solely to the described lands. 131 An acre-foot of wateras referredto hereinis defined as boing. onedhree-hundred-ten_thousandth.r I/310,000) of the quantityof water.annually declared by the Board of Directors Of the District to be available for delivery freer. the water supplies of the District. The water delivery Obligatien of the District shall terminate at any delivery point from which water is released from the works of the District. Further, on November 1 of each year, any water un- delivered from the annual quantity made available t0 the Applicant shall revert roihe.water supplies of the District. tot Applicants, successors, and assigns shall be bound by the Water Conservancy Act of Colorado: by the Rules and Regulatiorss:of The -Board of Dire -Cars of the District; and by the repayment -contract of Iuly S. 1938, between said- District and the United States and all amendments thereof and supplements thereto, SIGNATURES .OF ALL RECORD OWNERS AND. LIENHOLDERS SECOND DESCRIBED LANDS Signatures _.Address Monfort of Colorado, Inca P.O. Box Ct Creeley: Colorado Al1637-Mci) b Monfo L L • delft (Signatures must be acknowledged in space provided on back of this form) ARTICLE III — FOR IDENTIFYING THE MUNICIPALITIES, DISTRICTS. CORPORATIONS, ENTITIES OR PERSONS WITH WHOM OTHER TYPES OF CONTRACTS ARE TO BE MADE FOR ALL OR PART OF THE ALLOTMENT DESCRIBED 1N ARTICLE L SeeHon 1= Names of entities or. persons Intending. to . apply for a contract covering any portion of the allotment. described in Article 1 which is not assigned to lands in Article II. Names ORDER ON APPLICATION All parties interested in the District allotment described in Article I hereof having made application for the release and reallocation or transfer of acre-feet of water and for the appropriate alteration of Theexisting tax lion: and, after a Hearing by the Board of Directors. it is hereby Ordered that: lt) The allotment of acre-feet is hereby removed from the lands described in Article I hereof• end the accompanying tax lien is hereby. released from said lands. (2) Disposition of the acre-feet involved in this. application shall te as follows- - a: An allotment contract- for beneficial use Of acre-feet is hereby madeand a tax nen therefor shaft hereafter attach to: lands. described In Article II In the ,amount, to the extent. and under .the terms set forth in said Article. - - - b. As an Integral part of this Order, the President and Secretary of the District are hereby authorized and directed to execute the appropriate allotment cnntracta. with ,ih o entities . or persons. named in ArNcle.'lli foci the. beneficial use of acre-feetof water, NORTHERN, COLORADO WATER CONSERVANCY DISTRICT , Addresses Acre Feet President 7 hereby BertifY that the. tihoye (Misr was enterer iw the. Bkector§ of Northern G91Brkdo Water CIMPTYSACY Distrin ell the 20: fo O, x'704'79 :.STATE OF COLORADO )ss County of - The foregoing instrument was. acknowledgedbefore me this XII.19'. \Ymraa my hand and Seal. _ My commission expires: - ... Notary Public. ' STATE OF. COLORADO - ) - )ss County of ) The foregoing ins mmeat was acknowledged before me this day of - A_D. 19 Witness'.. hand -and Seal. SPATE OF COLORADO County of .... .;My commission=puts: Notary Public' The .foregoing instrument was acknowledged before me this dry of - -. :. A D.19 Witness my hard and Sal. -.-..My commission =puts: - - - Notary: Public 1/4:704'79 From• Board of -County Commissioners Weld County 915 -Tenth Street Greeley; Colorado 80631 - OWNERSHIP AND ENCUMBRANCE REPORT for NORTHERN COLORADO WATER CONSERVANCY DISTRICT February 1979 To be attached to all applications for change of Class "D" Allotment Contracts. It must be executed by a practicing attorney or bonded abstract company. Date: July 15 19 87 . I. LAND DESCRIBED IN ARTICLE'I`OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT." (1) Description of property to which allotment is presently attached is as set forth in Article I, Section 2,'of the attached application, and is located, as described therein, -in Section(s) 31 T. 6 N., R. 65W. of 6th P.M. (Complete re -description not required herein) (2) As of the above date, record title is vested in the following: (The purpose of this Opinion is to determine the owners, lienholders, and others having an interest of record in said property, and whether all or any portion of the tract to which the original allotment was made has been conveyed or divided in ownership. It is imperative, therefore, that the status of the title to ALL of the land described in Paragraph (1) above be shown in this Paragraph (2). If land has been divided, attach separate sheet if necessary to reflect ;descrip- tions and ownership of each respective parcel.) Weld County, a Cody corporate and politic of the State of_Colorado (3) The property described in Paragraph (1) above is subject to the following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) -- DO NOT INCLUDE FINANCING STATE- MENTS FOR PERSONAL PROPERTY SUCH AS LIVESTOCK, CROPS, AND EQUIPMENT, ETC.: None 070479 II. LAND DESCRIBED IN ARTICLE II OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT." (Omit this Section II if no water is to be attached to lands on the accompanying application.) (1) Description of property to which allotment is to be reallocated or transferred as shown in Article II, Section 2, of application is hereby' certified as correct. (If not correct, attach correct description on separate sheet.) (2) As of the above date, record title to the land, or tracts of land,. described in Article II, Paragraph (1) above is vested in the followings (I,dentify`separate tracts) (3) The following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) are of record against the property or properties described in Paragraph (1): (Identify separate tracts) DO NOT INCLUDE 'FINANCING STATEMENTS FOR PERSONAL PROPERTY, SUCH AS LIVESTOCK, CROPS AND EQUIPMENT, ETC.: III. CERTIFICATE. The undersigned (an Attorney licensed to practice law in the State of Colorado or a bonded Abstract Company) hereby represents that the foregoing statements are true and accurate to the best of (his) (its) knowledge and belief, and hereby acknowledges full and, complete under- standing that this opinion is an integral part of an application for transfer or reallocation of the herein -described Allotment, and that the Northern Colorado Water Conservancy District will be acting in reliance thereon in the granting or denying of said Application. SIGNED this 15th day of July _ , 19 87 . Attorney -at -Law - 8'704'79 September 15, 1987 The following items were mailed to Monfort of Colorado concerning the purchase of property by Weld County located in 65-6-30: 1. One copy of the Purchaser's Statement of Settlement 2. One purported copy of the Agreement for Sale and Purchase of Real Estate Including Land and All Improvements 3. One copy of the Resolution ref Addendum to Agreement for Sale and Purchase of Real Estate 4. One purported copy of the Warranty Deed w/attached Exhibit A 5. One purported copy of the Quit Claim Deed 6. One purported copy of the Warranty Deed excluding Oil and Gas 7. One copy of the Seller's Statement of Settlement a Na t O Ctti� ~ W it' 4 !up 3E'vPr. a y!� alP4d >a w a )zco m C H d OE OA h Z 6 --• c7 y u) d _ a x N ,i' ' 3 g > O $ g . 0 {q- 'd2 :E Eg gr OZ .C 0. p =7.E. `sm_ N b N a Rj 0. U N g clo ec o a 9881 amp `808E. w,o3 Sd �? hf iZeonQ25 1iW6E/t+ Coningte Items 1 end 2 addltloael farvtaaa are baatract and complete items 3 iVLYwI�ftlN� M the'llRETUNN TO" SOWS On the skit- failure to rlo thla will prevent this ant hwn tr(i Mt"DirMgLL4lto �Yf�r. teyp 1 1 1CIC veiny - Mnf t Ala q� pfr".#ar'tit�fnNnN�fo�`bolr'"t��,er�.+'�d�elW) .N afC�C.,M f�OEuewrrtl�lyO_..lwk�i'.,..,nliaLlw Co�ruh: 1._:b Sheet m-wMom4a a liddiaNalddr a SCI agetarMdb.tw:ry s.: aeofdfAdasorllm�.�� , ._y_ Monfort of Colorado, Inc. ATTN: KEN MONFORT 1918 AA Street rGreeley, CO 80631 v: Ad. "'7_O,x, twat.f1 8/C479 RESOLUTION RE: APPROVE RELEASE OF COMPLIANCE SECURITY -- SUNSHINE VALLEY PETROLEUM -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, Development Standard #11 of an Amended Use by Special Review for Sunshine Valley Petroleum Corporation, approved March 4, 1987, on property described as the NEk, Ek NW1, W SEk of Section 33, Township 6 North, Range 65 West and the N1 NW;t of Section 4, Township -5 North, Range 65 West of the 6th P.M., Weld County, Colorado, provides that security in the amount of $5,000 per well is to be retained Huntil .each -well is capable of production, after which a single $5,000 bond, or security shall be held on the entire -area, and WHEREAS, the Department of Planning Services has recommended that the Board release the $30,000 security on the six wells currently on this parcel of ground and require that the applicant place $5,000 into a bond or security to be held on the entire area until all wells on the Use by Special Review site are capped in accordance with the State regulations, and WHEREAS, after. review, the Board deems it appropriate to accept the recommendation of the Department of Planning Services in total. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the $30,000 security on the wells located on the`hereinabove mentionedpropertybe, and hereby is, released, Conditional upon the applicant planing $5,000 into a`bond or security to be held on the entire area until all wells on the .Use by Special Review site are capped in accordance with the State regulations.: Page 2 RE: RELEASE COMPLIANCE SECURITY - SUNSHINE VALLEY PETROLEUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1987. ATTEST: Weld County Clerk and Recorder and Clerk to.the Board APPROVED A$ TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUN Gor C.W Ja ne R. Pro- em B' transit _heI1O^" que one Jo on EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi 870481 ` � 6 '/:-cam_ -e: ., _ _, tit ila a Ft COLORADO Suns 15, 1987 DEPARTMENT OF PLANNING SERVICES PHONE 003) 3564000 EKL 4400 915 IMII STREET GREELM COLORADO WW1 Board of County Commissioners 915 Tenth Street Greeley, CO 80631 Re: Release of compliance security for Sunshine Valley Petroleum Corporation. Dear Commissioners: Attached is a copy of a letter from Mr. William C. Crews, requesting that $25,000 of the $30,000 security being held to ensure compliance with the requirements of Amended DSR-717:85:64 be released. This security in to be retained only until the oil wells are capable of production, and, then a single $5;000 bond or security shall be held on the entire area of the Use by Special Review'.area until -all wells are capped. The property has been inspected by the Planning Department and the Building Inspection. Department. The Planning Department has determined that the applicant 1a complying with the approved Development Standards for the Use by Special Review permit. The BuildingInspection Department has approved final inspections for the' buildin -permits on the following sir wells: 1) Hoshiko #1-33 (NE}'NE} of Section 33, County, -Colorado.) Hoehiko #2-33 (NW}, NE} -of Section 33, County, Colorado.) 3) Hoahiko #3-33.(NE} NW} -of Section 33, County,Colorado) 4) Huagenberg #7-33 - (SW} NEi of Section Weld -County, Colorado.) 5) Bliss #15-33 (SW} SE} of Section 33, County, Colorado.) 6) Noffsinger #2-4 (NW} NE₹ of Section 4, County, Colorado.) T6N, R65W of the- T6N, R65W of the T6N, R65W of the 33, T6N, R65W of T6N,- 265W of the T5N, •R65W of the 6th P.M., Weld 6th P.M.., Weld 6th P.M., Weld the 6th P.M., 6th P.M., Weld - 6th Weld 71_ 00,20 870481 Board o£ County, Commissioners June 15 1987 Page 2' The Department of Planning Services recommends that the Board of County Commissioners .release the $30,000 security on the foregoing wells and require that the applicant place $5,000 into a bond or security to be held on the entire) area until all wellsen the Zee by Special Review Site are capped in accordance with the State Regulations. 870481 WILLIAM G. CREWS OU and Gas 122128TH AVENUE. SUITE 2 GREELEY, COLORADO 80631 June 3, 1987 s:.Mr.;&edrh:Crhmort ,, Weld County Planning Department Weld County Centennial Building 915 10th Street Greeley, CO 80631 Per our conversation, I.enclose a letter which, when executed by the Chairman o£ the Board of County Commissioners with an attached Resolution, will release $25,000 of the $30,000 Sunshine Valley Petroleum Corporation has -on deposit at Union Colony Bank in connection with Amended U.S.R.-717:85:64. The Hoshiko #I-33 account will be kept open and the $5,000 in that account will cover all of the wells drilled under the U.S.R. `(303):351-0733 (GREELEY) (303)659-7710. (DENVER) Your, prompt submission of this matter to the Board of County Commissioners will be sincerely appreciated. When. the Board has executed the enclosed letter, please: call Cynthia Zeren -at- my office'to notify her it is ready to be picked up and taken to Union Colony -Bank. If you have any questions, please give me a call. Cordially, y �— William:G, Crews Attorney -in -Fact for Sunshine Valley Petroleum Corporation WGC:ric enclosure cc:Mazuma Turnkey Contractors, Inc. Sunshine Valley Petroleum Corporation Weld Co. Plamuoe L'ommia:on RE: APPROVE AMENDMENT OF CERTAIN USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM 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, the Board of County Commissioners held a public hearing on the 4th day of March, 1987, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Sunshine Valley Petroleum Corporation, 930 Stafford, Casper, Wyoming 82609, to amend Use by Special Review Development Standards 2a, 2b, 5, 8, 9, and 11 on the following described real estate,, to -wit: NEh, Eh NW1/4, W SEh of Section 33, Township 6 North, Range 65 West and the Nh NWh of Section 4,.Township 5 North, Range 65.West of the 6th P.M.„ Weld County, Colorado WHEREAS, said applicant was represented by -Michael Morgan, Attorney, and 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 Planning Commission and all of the exhibits and evidence presented in this matter, and, WHEREAS, having been fully informed, the Board `:Inds that the request to amend Development Standards #2a _and #5 shall be denied and -those Development Standards remain as they exist at the present time, for the following reasons: 1. These Development Standards relate to .ensuring adequate protection of she health, safety, and welfare of the ' inhabitants of the neighborhood and the County. - 8704; "PL 00,2D 870159 Page 2 RE: AMEND USR — SUNSHINE VALLEY PETROLEUM CORPORATION 2. Deleting or amending these standards would either eliminate the requirement or delegate the administration of the requirements to a State agency. The County would prefer to have local control and guarantees that .the requirements of the Development Standards are complied with. WHEREAS, -having been fully informed, the Board finds that the following Development Standards shall be amended to - read as follows: 2. b. In the event that a residential subdivision developmentshould occur within 1,000 feet of a well, the applicant shall be required -to install a six foot chain link fence with three strand barbed wire top to enclose that tank battery cluster. 8. If, and. when, low density residential development takes place within 300 feet' of any well drilled hereunder, operator shall muffle any `gas -powered motors used in conjunction with spumping units to a noise -level no greater than the level of --an. electric motor, and. non -hydraulic pumps .-shall 'be replaced- by hydraulic pumps. 9 Setbacks and offsets for oil and gas1 production facilities shall be in compliance with the Weld County Zoning Ordinance. 11. The applicant shall obtain a performance bond, irrevocable letter of credit, certificate or other security satisfactory to the Board of County Commissioners of $5,000.00 for each well, to ensure compliance with the requirements of this permit and other applicable Weld County Regulations. Such security shall be retained only until the well is capable of production, and -then a single $5,000.00 bond or security shall.be .on the entire area, of this Use by Special Review. -In event of default, it would be made payable to the Weld County .Board of Commissioners for the purpose of bringing the well into compliance. When the ▪ wells are capped in'accordanceiwith State regulations, the. remaining ;$5,00!0.00 bond or security shall be ecurit ▪ refundedto the: applicant. 870481. 870159 Gentlemen: WILLIAM G. CREWS GO and Gas 1223 NTH AVENUE. SUITE 2. GREELEY. COLORADO 80631 June 3, 1987 Union Colony Bank 1701 23rd Avenue "°Gree3ey=-CO"$0533 (303) 351-0733 (GREELEY) (303) 659-7710 (DENVER) This letter, when executed by the Board of Weld County Commissioners, will constitute a request of. Sunshine Valley Petroleum Corporation and the Weld County Board of Commissioners that you close the following five IIA accounts and prepare a cashier's check for the principal and interest ..therein made' payable to the order of Mazuma Turnkey Contractors, Inc., 11990 Grant Street, Suite 218, Northglenn, Colorado 80233: 30-23689 (Weld County/Sunshine Valley SVP-Hoshiko #2-33) 30-22897 (Weld County/Sunshine Valley SVP-Hoshiko #3-33) 30-23697, (Weld County/Sunshine Valley SVP-Hungenberg #7-33) 30-23435 (Weld County/Sunshine Valley SVP-Bliss #15-33) 30-23494 (Weld County/Sunshine Valley SVP-Noffsinger-#2-4) Please note that account #30-22918 (Weld County/Sunshine Valley SVP-Hoshiko #1-33) shall not be affected by this request. When the cashier's check is ready for delivery, please Contact Cynthia A. E. Zeren at my office to notify her in order that she may personally accept_ delivery. If you have any questions, please give me a call. Very truly.; yours, SUNSHINE VALLEY PETROLEUM CORPORATION William G. Crews, Attorney —in --Fact WGC:ric cc:Sunshine Valley, Petroleum Corporation- Mazuma Turnkey Contractors, Inc. THE ABOVE REQUEST IS APPROVED THIS 15TBIAY OF JUNE, 1987 (RESOLUTIONATTACHED); BOARD OF WELD COUNTY COMMISSIONERS a�uvl 11717 By: Gordon E. Lacy, Chairman • �� y - e/ , 8'7®481 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3.2$ BEER LICENSE ISSUED TO EUGENE RUSSELL, D/B/A THE LITTLE STORE, GREELEY, COLORADO - EXPIRES JULY 6, 1988 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, 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 Licensefor the sale of fermented malt beverages, containing not more than 3.28 of alcohol by weight, for consumption off the premises only, and WHEREAS, pursuant to Weld County. Ordinance No. 6, Section 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 only, 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 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 87-13 to said applicant to sell 3.2% fermented malt beverages 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 July 6,`19$8, providing that said place where the licensee is authorized"to sell 3.28 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.' Lf0oai e62.. �-�actli -SJ �iLac - 870465 The above and foregoing .Resolution was, on motion duly made and seconded, .adopted by the following vote on the 1st day of June, A.D., 1987. ATTEST: [/ at (? 41 -.//-- �Z t�. �..�n, �f�.f;�4/tlbr�J Weld County -Clerk. and Recorder and Clerk to the -:,Board EXCUSED EXCUSED DATE. OF SIGNING Frank Yamaguchi_ DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE CAPITOL ANNEX 1375 SHERMAN STREET. DENVER, COLORADO 80261 LITTLE SiCA'€ --,:, �" i Sr" "r . `RrcL_Y ��r THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE S7ATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONSO TITLE 12, ARTICLE 46, CRS 1973, AS AMENDED. THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR CENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN '10 DAYS, IN WRITING TOTHE .DEPARTMENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION,STATE CAPITOL ANNEX, 1375 SHERMAN STkr_kr, DENVER, COLORADO 80281. IN TESTIMow WHEREOF, SHAVE HEREUNTO SET MY HAND AHD uNlo195 DEPUTY DIRECTOR EXECUTIVE DIRECTOR G C" .e MI r m :co ico O z a 0O W q rg� y iu cc tr x cc i b O p o A.H .`o m it; < LAI CL U ` tu 2 0 m W o • A �0 c0 H yN N U W i N 1 1 0 r> 38 Ea 0 a m p ?_ G (Ta V ti 5 p 30 i a V + n _ r ? - o i. +1, � c oo aig GO c ,n u c. c.O,‘ �F a .6' c C\ Y o I. i.S l¢ ix C? 1 ''8 ¢c ) O n Seel aunt'°oat w.oj Sd: 870465 DATE: June 1, 1987 SHERIFF'S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL'' REQUESTS' APPLICANT: Eugene Russell dba The Little Store 4821 Yellowstone Drive Greeley, CO 80631 TYPE OF LICENSE:3.2% Beer License for consumption OFF the premises SHERIFF'S REPORT: 870465 IF n 870465 310 901 COS ",./ --- r C010. Dept. of Revenue °;-Fr:-_Li9uar_ tvisirn- Scare 'capitol Annzt 1375 -Sheri o .Denver, -.60___80203 F--- Eugene Rusell, dba The Little Store tfi tD STATE OreO�O�ADO I PAit,T EAIK;OF aEaIENuE •RENEWALAP►LIGTIOM;:fORklOts ..z�,-'- '-';--�ootwxwatntNSltaarACE FERMENTEOUALT BEVERAGE LICENSES T kPpROVAt OELOCAL LICERSIMSI AOTRORtTY FIRST?.� , , STATE LICENSING AUTNORITtA,RpVAt LOCAL'ticoSING' AUTHORWY • '',JriQWAI„1WLICATraira9Ra rn r!aemater A MALT ecyaRAQS LiSikSE FOR TMe L1COatINp FCRIOOSNOING.--- v ...`t 'ru�..v�sfw.e.w�r.Wu}r Oalr • T" 2_ nv: r.03 ZQW '14E'3 irrai$3 , *FEIN.'. I CERTIFY THAT THERE ARE NOCHANGES TO MY: LAST ANNUAL APPLICATION - WITHER E ISA CHANGEDtTNOTItthTHUlifOR&CIUSErAN:ORIGINAL APPLICATION. RA�iE�1�7i'K�'Eu-,.,,.v.rr..: �.. "tmY a -r. BUSINES&LOCATIOhtADAi�E�5 Y._� I_1 - - State : 4 `. Zip Code MANAtilR'S :'''' - - .. IF APPLICANT9b AOQAPORATION:FILLIN REVERSE SIDE . - -.-r `� -.'NAti1EkND DESCRIPTION OF LICENSE ,•-i- a ,FEE - .j':.: 3:2 PER g,ENT SEER teat L LICENSE: . � � 33 trti _ ;£QUNt_Y=a5-i/ERCE6tT QAP fE . " ' MAKE CHECK OR MONEY ORDERRAY.ABLETO THE TOTAL"FEECS)•:1F'6 {.51r - COLORADO DEPARTMENT Of REVENUE .-. • _...r..._._ Do you hwa apenosseselon(Attiepremisaforwhich tlurapplicetion.for licemakis r-'i . .arodf7—y ----•-.--. --,.-.. Are the premhes owrrd or rerltedr -7 -_ `—'_ s If emad, etfactiw &spakfiion detaof IIr_ -rr rrr .. ir41-aai6.�±�ec1111WiliCanStaglii"leWirt emdN,uRuadsarcaeAmsck.T --�i'orrNtjeert aliii,Y�-.atl IridiMS :-.1. a :;t ' rk1 spec ''''Vtt ttii'ieMporaa7ow7 l.r. • �§-1 a, aemplaytaolariY,..anh„andar�tha'eYeote7-7'Yi! _,.-- r..: Yes .. -No�-- :, X Hriheapplie nt-.0i:Ftyofttiepartners,army oft illenoersatockholders or d(ratisot ta.Orioneani'(if=.it-i.awrpolstlonrattoiern.. vitt', o(s-trime7o ill', Stm.ad Colando 4:?!Nnwlwa? If so..state foN deans - �� Nr env PeceeR, aiaPPliotti!Kintr.offitar,:dhlCtoiFitockhal+ter or attlptoyerseen; r. (akWen.denteQ'lBowCamratli^Ifit (kNorlawp�^_ _-... •�- : Business� -- elf Feder Employers Identification Number (FEIN) is pre-printed in the above specs, please check your records to see if you hs4e the same number {t you Klee differentnumber, correct the one above so that it sOrrinpbndewith your recorde if nO number appears in the above space, please tilt in w•ith the FEIN you haw on your records. ,: SEE REVERSE S1DE,� - 870465 No List ihe l '''till businesses in weithanef yr pswontio theiRrevs-cluestion are mare:tea. ,„..iy.,„,,i : r` � ' if THE APPLICANT IS A CORPORAT10N, (a1, 4b)v (a), Id ,(i,) and�;(f) y ,p, �.r. i Or9nMXsdultdK the laW of thO $HL!-0f,.r •^ _ -w-.w.--./4.. ,. .. - •. __.......W., of %(b).PrinciWlbu.inassaconductedet. A _—,.-;---� ?—'-ty--- .. .....Caonll(�(:- Slats ic)'Daa of fit'ug teaanrnrl oerporate report to -the Secreary: of R '^'•'--'-- Home Adder w Dna of Birth ti)•me r _ - City' Month, DeY: Year 7r- , (d) President. .. -, • Treasurer. _ .. DIRECTORS: ust all Directors tat MMr3 ar• rsauind by taw) _ NAME HOME STREET NO. & CITY - DATE OF BIRTH List all stockholders owning of controlling any of the capital nook of the corporation. (Include actual owner or pledgee.) Use separate sheet if desired. PERCENT OF OF ATE NAME HOME STREET. NO..&CITY . _ STOCK OWNED _.. (The following affidavit To be signed and acknowledged by individuals and each, manber of partnerships and by Corporatiot.)- STATE OF COLORADO a County of and _ _. _..,- -: ,being•byme fiat(NW ewdrn,it; trimsen,.daposes mndsWG that tie is the applicant above named: Or that he.ia- ------- ._ _- .,______.of the above named corporation, that he has reed the foregoing aPPlicatiogand that he fern the contents thereof, and that all matters and things therein sat forth ar•:true of his own knowledge and he agrees to conform to ate rules snd regulations- promulgated by the Slate Department of Revenua in connection therewith. Subscribed and sworn to before ma. ftttsch San .__.day of..... Sign h of CorPdrattan (CORPORATE SEAL) (Corporate Nam el ��.. g11-1 f.U_J- Presidantor Sacrataryl REPORT AND PiPPROVAI--Or .00ALUCENSING AUTHORITY _(Manufacturors..Wbolesalet inetortera�end Public Transportation Systemsdisregard thiesecuon) The foregoing application has :been examinedand the Piamitn.:buNttesa coidoc1oe 00e cheracter,'(sf•the applksnt ia_sstisfi07- i�r dtwo report that such license;df, grented,:willer e•tt/e reOSDMblereWiramlenls otthe rMighborhpodyndthe rferkes of thsh$Ibitanta,and applies with the provision of Article 16, Title 12, C.R.S. 1973, es aruended. THEREFORE THIS APPLICATION IS HERE6Y.APD.ROVED-, ._ ,,,... - DATED AT• ;___ Greeleyy_ THIS 1st__ DAY OF June sr�D -ng cz87 _" (NAME OF TOWN, CITY OR COUNTY) Weld_C-O.- (MAYOR' ATTEST (CLERK OR SECRETARY Orr OTH ROFFICER.HAYINGTHE OFF UtL"SEAL OF litRORt7n.1_. (tttlie premises are tecitadwishirri toe'+n`or eity'thaabove approestehoeM ba'aipited 1yf thei aYor srib dark. if )o a� the chairman of. 'the board of -county commissioners anditha.clerkof;tbebOardetf;iryardiMncoorrotheO+akkiticcalligmsingautheritY agoras lheroffkWeTheo. • such approval should be given by such official.) NOTICE JERK OR OTHERTT&Of AIC£NSINOAUTHORlTY.). 3,70465 TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT THAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING,1375 SHERMAN STREET, DENVER,. NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EXPIRAT1T,•EAeOFt.YOUR LICENSE. THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUlNaR7. WgICLEAST FORTY-FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE. RECEIVED OF TREASURER'S OFFICE, WELD CO NTY T� Grgeleye Colorado 11tn0M4 8448 FOR `CREDIT V ,i:Ol1My General Fund 101 0000 i1 1 Xtm SC) Mei.'rat lz- 1. en.12 4 -57 Sit Human Resources 121 0000 Social Services. 112 0000 Housing Authority -... Road & Bridge Fund 11 10000 Airport 177'0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 SohoolDistrict- _. Gen Fund School District C R F - ,-. School District Bond --Fund '870465 FRANCIS M.LOUSTALET -�l CierK TOTAL AMOUNT Leg 5 0 County Treasurer C� e'�- Y - a p t Y a r r CO 3 n W m in a Y y r a O = 8 a "1 -F 3 O 10 �� -CO PO O er K 0 °_o ., .:.c+: m O El c 5 r c. 7 m O r n F � C O 1-• • o a R g ° P `t c. Ca 0 0 3 do Waal 411410([ olmxoTo3 Ca O R c ° L k 3 9 30. �. O `C r R 'auaTnaur Topoc r p �- ia F r. tea 15" .<aR C 4° L a _ 25 P C m O of P c er � N A r o 0 0 P C L O O P n n • 1 • 1- a H C e 0 a 'a w g >r np (D h in i aRc� v - 3 m • O Y 3 E.: 0 3 3 y 7 m 3 0 O ti 0 O M M ..a yn ti R r O O z CO O O O �c 0 g g ° r.c£K 44` Hr �4-43 + s•C .7 c. a L a n I e = n R n Y O — m m R y r O a InrE•m O 03 0. P Y= O rO el p0 re F ▪ 6 O I 2 ).....c L P a.s et m m 0 E Ca wC.z o tI-•L` • 4 mC O .O c$4,4 (1 N -C =„7.,.. R K al O O - ° r ._ n� _£ D_ .v C -c 0 . 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O 000'0 Al ! co CD - O 1"'1 O la CO 0 iv N tD. en OD ..= - < . 0 r. ` O N a 4iJTA11013 C{IV1ISft'rU atint)D �LIH)1:111 A`lI1LGOW (MI V.ill .1V C{IVII3VelA 0 fC A G V Try a_ = 0 o < I. D 0 O CO n "'1 3 on 3 0 0 e~r n C G 3 `f D n c I. P r e cc r. e n Po a or me ,awsz E ..- 3 o O . E G o C -... Wig_ Ft r O F I.9 e e n Crr- a L 3 O D = L C's .4 e salM o V a o r q v.. ac- a4 o r F+ w. a F 0 c 0 ti C O w O 0. � n n rr cv n - O Q O •S C. oCI CI ;-• r to a O L Aw C0 1-4 0 r_'w� Y 3 7 r a. 0 • I _ C Y S'R _ r;• N r C F . O C A c 4n A 4.v O f11+ c o v ic! O A O O P b F c ti r z *- S I= r cp p J SSG 7 n 9 ta D0 n •r � a Q - o r I— �\ 0 ran o _ O •Pt 7 C ce J O o C o p y cE G = II •C nn C. A x *� $ si t-- c 3 D a r c 0 O O n xt a a a r O a 5 n n c 4 C n c M o of O � C. Q C r- r sc..5 4 W P C N G' O O '!M as n4 c. I - a i O 0 J O n O_ t n rP ti K r < F" h n - K 5 c. r v c. P. a r C n - y w �. < c. Y P R la a er0 CS G 7 0 r ? E o o r 10 e< r 3 C. o e P r - n O p n p O R pa D L -0 — - L a " n < R� o CO s ctiS. r n = n a p L p re^ O K c = K r c h :.O O.O a O L 4 c _or a C a n C. �. n aal_ n 0 a a &: O — r� er a.- c CZ C. 0 D "] O. C .r. ph =�.:P r o _ D a i+ e- n C 0. O r = -CI 0 • .. 'a h I- n < O r 9 0 n v n c es 7 O J a n Y L fJcr = O ti 4 a C- < n —00 O r er D 1-0 a C= n IO A r= '3. }. h r er r +.r- ' r 0 "J RP o v, e- 0 _} r w P r r O n P 't O a A poor= r 0 .0 r l l..* w •-•-, N N 1 l c O n • C•C o n 'F.. a c n -7. r 7. r; 7 P G O n O r c C. = a O r O P r v O — n O n" O. .--• — r-. A — y v n _ O P -1.r "- n �>.. n _' --2 C PP I-' %+ n n Ycs a - E- r a _ r O g N C` r VI VI 1...t N +110 N 4\ U. 1-+ I- GNAW ch -,1 1. n N r N A N O. N I-1 -_ O n Y r cc c I.... N oe r O = M _ O a —.C r •e ti 0 c AA _ P . R• r G F O ) G 3 c a c 1.4 z 3 a E C n a v �:H� — 8 = n 0. 5.a _ O = - L= c I.- 0 C.. 3... o .7 c r - 4 �. r c- n 7. a < n n 7-. .7 CI =. O _ i..: VI V1 VI r CII 7. T :3 G L yH t' -. to W co as A In Y r r r v. O' O+ k CO CO • 0 0 -. +1 W co v N 0 0 a. co r f' O VI 0 0000000 r CO .P In 0 r Cr r N- N 0 Oa co Ox 2-., Nom- 0 N 0- CO. lO- 0. N N co a% W O N la'.' VI.. V F O O X — E - P r c 1 1� F 5 C1 C Ci C r1 T )— •c< G A r+-. C� r, -c Cs t 7 N G` n n RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3_2% BEER LICENSE ISSUEDTO JOHN E. MARTINEZ, D/B/A GILL RECREATION CENTER, GILL, COLORADO - EXPIRES AUGUST 16, 1988 WHEREAS, the Board of County Commissioners of weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter„ is vested with theauthorityof administering the affairs of Weld County, Colorado, and WHEREAS, John E. Martinez, d/b/a Gill Recreation Center, 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 3.28 of alcohol by weight, for consumption on and off the premises, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section C., said applicant has paid the sum of $57.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of 3.28 fermented malt -beverages for consumption on and off the premises, outside the corporate limits of any town or city in the County of Weld at the location described as follows:. 5h, Lots 11 8 12, Block 6, Gill, Colorado 80624 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 87-14 to said applicant to sell 3_2% fermented malt beverages for consumption on and off the premises, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until August 16, 1988-, providing that said place where the licensee is authorized to sell 3.28 fermented malt beverages shall be conducted in strict conformity -to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the -Board of County -Commissioners of Weld County, -Colorado, and any violations thereof shall -be cause for revocation of the license. �cooc2y ec o0-so�� 870466 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day o£ June, A.D., 1987. aapfir 6.e, ?. �� o O mm o,T ,n j •Nc � -. � LTA. eT o & Fa d 2 m yD hn 4 60y_ �O7. O N.o m3 n _. u p a e = o m ¢ n a. T R. a F OF \`) c ,pu d ° au m a £s 4 P h F i ._ . i,...rq q -/ -? 4'•iIT,�T •n" r i �• pTL ,,pa 36N$ fA e a /A ei }+lC1Fn 1A t, s`�` A �41.,'�.Jr'��£:y;� aJk.�4Y;j3 4QyiCrie "C".-B5Ja}: A * .�tt ._ Flit. s /\/ �� .. "� �� _ DEPARTMENT. OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE CAP?TOL ANNEX 1375 SHERMAN STREET DENVER,_COLORADO 80261: .+ I 1 HARTINEZ JOHN E GILL RECREATION { CENTER 5 1/2 LOT 11 12 SLX6 Cit.?. CO Qv524 - :r 3.2% BEER LICENSE UCENSE EXPIRES TI v![ i � M FORwuMM1m, asOwtAipN ^4 ALL 14LFT.RIENCE COrY air' em05T. Tree Lakin'OATC 1�_ _ �'9a75 0.3 353 1019. 1 :'aT ,- ,vv ..tk%7' `i:.. ". NAME AND DESCRIPTION OF LICENSE -- - _ FEE. __ _ _ • COU:iTY 35PERC'E%T OAP. FEE 3 42.Sc S' 67.50 ' TOTAL FEE(S) THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OFJITLE 12, ARTICLE 46, CRS 1373, AS AMENDED. THIS LICENSE IS NON TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE • INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPARTMENT OF REVENUE, UOUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, 1315 SHERMAN STREET, DENVER, COLORADO 80281.. -. W TESTIMONY WHEREOF, 1-. HAVE HEREUNTO SET MY NAND AND JUN 1213 . g r "" ,# - SEAL � v h l_.�1.:..x 4;1 _ DEPUTY DIRECTOR EXECUTIVE DIRECTOR - 8%0�6 1, 4 -1/4 a'eAl �1 v^ �TF � i'R-\d�,'r�.i� a�� inittC\v��'TA� �y)�\ 1!(* -4 _y' w �.. i-.\, es.�e ...:✓llh ;,34..C.'i'..�J�T.a//h, A:J3. \OY.� .cti.pt.Mv.\ ._ �'i'.�'.�� kc,,,,`.�(/''V ,. $ J ;��.Y . 401,S (Rev. 5/31 DATE: June 3, 1987 SHERIFF`S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: John E. Martinez dba Gill Recreation Center' 51 Lots 11 & 12, Block 6 Gill, CO 80624 TYPE OF LICENSE: 3.2% Beer License for consumption Lt. Steve McGuirk hasi been notified. :RENESAL APPLICATtBN FOR t2% .ES MENTEDIAIALT BEVERAGE:LICEMINS- c }OIT AP`PROYAL OF LOCAL LICEAISING.IIOTHORITY FIRST} _wse•nxn. - YrMVIA 1 y.. �yyv hey •IY�FO"�> i A T.euAy e—ttkCr-E`4imFeny STATE LICENSIN&ALITMORITY AmsROYAL '' LOCAL LICENSING AUTHORITY COPY ;It[frawAt:.APPLitomoN FOR SttY PCRM[NTeOmALT aeY[RAOa tic -04 t FOR ent3a4S4hO PEA•00 aNDIN6 Int I user in 7 311��Yi S13 • • b414 t"j Q$17t4 .` -.:SDc Sec: No.t ;.:: No.2 - • I:CERTIFY THAT THERE -ARE NO7.CHANGES TOMY LAST ANNUAL APPLICATION. ". "- FF.'[I RE IS'A�CHAN(iF-FSff'�erst f7fec TiacccpRM;TEISEAM:ORIGINAL APPLICATION..; NEWTRADE NAME `•� z• r ,y r' :'L1rn�P SIGNATiiit • BUSINESS LOCATIONAODRfa85 '1l2fi-tir 11 12 $1;.".-�G'IL.L CO _ ��.. City • M{AAIAGER'S NAME _ :: - IF APPLICAPA1STACORPOR'AMO tftE47N REVERSE SIDE_ : : •fVPE '"NAME_ANO ESC_RtIiT CENSE - F.tc L_J .1.2 ..ER ttNT BEER- RES11' .4.1LEN%E� ,`.'..,r. �`.'-.�` 5;t11 :-'/cauliiit. #ERCE-PiT 130 -,FEET.- 's�42-0 11$: MAKE'.CitEck OR MONEY ORDER PAYABLE: TO THE - TOTAL FEE(G) -_ -2."61:34'. . ,:COL(SRADO DEPARTMENT;OF'REVENUE. • , _. DO Ya�MveleYelPOerWon•itthOormlienfd ,per-..-thleapptlwtan-forlicmw r.nade:._.__�lt-t!1l .--- Are the prerrritn owned or anted? _(¢{,C:. _ ... _4:4 If fmtedsaffeciWe &expiration dete.of tease_ . � _ _ _ .. .. , "`. *0624 zo Code :j oars, P3,-10 it ietri ufw dmfibiketiockmsisl.ofs united .. !t iticith Aialii*idwf7"of r id appticmi /frii k<'tW'poTatale rep ••.•'^'"-<- ofamploYeseofsnYsuch ungM..ihreP of'ehhrerfYpts?•_. (' Yn� ..•N. - Has she apptialii or alry'ofd»periners, orany of thercifficera, Stockholders or directoeoTiddappliCm[:(If'it5ra eorpastbnF averbNn wn�" vieted Of s rime in ths.Stete to Colorado cralnRdsereT --• ::r?: :: _ _ Ye hip , If so, tier full debark -"?. "'j.� .. Has. anyf'rfpo napptiwit,pirtner,offrar, direcmcr Rackbo/derAr empioyae �(el/seen denlada,ikehnunWrrttne liquor isw) y\mot r, ~1=1). • (bland enefaoholicbmrage, _ If LM atawer`bYie'i>tpleinfWll"Iettaelr nparaM shae4!ff OMdR'r) -r." � h L',. � Dsisaotgaji4iiii* k.lplglWlMtrave a.Nronckl.lr�{pNt alljEpDed siYDet.W,0Oms•uc4ouitrarehhtin nqueined> it ilri hmir i�s'Yh Ytete irsiriei'and add r61 C;r9 her'. mlL.ifeielrann i; rypn'and alrllwM±ot such flrYnc6i'iMer'eR )(Pr 9644 either, in dolfrs ix Qlflr ttamtinf value,- " ailaIS it lay. �fWrliif/re Pl(turmarMaqui)fni; _ - _, -.:_r ..�___• "Yee = = aakList the niiiikofall businesses in whit:hay onIspriont. theprev(oys Question are interested. nave *If Federal Employee Idmtificalbr nNumb4FEiP1w .I -.is eyrimsD ad in the abovs[ce, Taken* clack your nicprtls tone:fy0uOu nave the same number. If you hate eldiffrentnumbr, correct the one above so that it correnoridcwith, your records. If no numbs-aQpps1rys in die above space. Pisan fill in with the FEINyou_ht ave on Yourrecord:-.. �«o�„ �,,;��.. -. - 7` :1, F THE APPLICANT iS A CORPORATIONS answer (a) fiskc) (ds;(a) and @) - '{a) Organized Under the law of the State iirc, . ' — flat•'., - -.._..._______--y--•-•-/-. ). Principal businessis conducted at _ -:x--- �r�— -�-w Sall* -.20.-- Sa+-Of — ---- ,Stets of, (c) Clatrof fillne}nSecretary teemial corporate report to the Secreta. of Stec =+:.. - Noma Home Atldrase ' CM Data of Birth __Month, Day, Year "(d) .President: -,V ice Pres. 'Treasurer: - Secretary - ...Manager DiRECTOR5: -to •11 Dkactors (at lea 3 are rpuind by Law) le) NAME HOME STREET NO. & CITY DATE OF BIRTH ,(f). -List all stockholders owning or controlling any of the capital stock of the corporation_ (Include =fuel comer or Pledgee,) Use separate sheet if desired, . PERCENT OF DATE - NAME - isomE.STREEt NO.&CITY. stock OWNED -I OF BIRTH (The following affidavit to be signed and acknowledged by individualsand each member of partnerships and by Corporation.) STATE OF COLORADO ) ,. County of and— f(rrtStutiev'lo, rn,if;for tnnnaaif;dgoiaandays:that_heis the Millicent above maned::.. or that he is of 1M above named corporation; that he has read the foregoing application and that he known: the contentsthereof, and that all mettersand thingsthertin set forth are true of his own knowledge and he agrees to conform to all rules and nputstiOns . Promulgated by the State Department of Revenue in concoction therewith_ - - Subscribed and sworn to before rave .lnndividueln and�aalimelnb�ers of partnership thli -� �/ e - —day of tl((� ty�� e'"r Ignatuns Public). Attach Seat - My Commission exPlrea----_ii+/" g.- Officer of Corporation (CORPORATE SEAL Sign Mfr. (Corporate Noma) BY - (President or Sersetarv) REPORT AND APPROVAL'O-LOCAL LICENS1Nt3AUTRORJTY , _:.(Manufacturers,.WhoNiplers,--Importers Bnd.Puhyp TransDoStaR1a23Y5teNs isregard this section) Theforegoing topneatlon has been examined and the premisa.businon conducted acrd dmracter of the aippbcanillsatistaitory, and we doggy. report that such license, Itgranted, .will,Qteet,the rYaocable requirementsof to neighborchood.and the desires of the inhabitants,endcomplfas with the provWon of Article -48, Title 12, C:RS: 19]3,. adaiiendid: .. .:.. - .. - `.THEREFORE 7f}ISAPPL.ICA7ION.IS+IEREBY APPROVED DATfD AT'- GreeleyTHIS , 3rd_.,:DAY OF'__.... JIIdiC.Y-_� (NAME OF TOWN, CITY OR COUNTY) WeJ.d__C IIL /. CO • tad p�� ate /MAY •�•t' . •_A• • O MISSIONERSOROTHEITTIT - LICENSINGAtAHORJTY.) TTESiF) k.s . OirSECRETARY OR OTHFA OFF VING THEW; 1,MAL- SEAL OF iti pVYHORa7Y.} - Of Thepremises an located :whign a-town0F „the above approvelphooknae signed by the of and Cleri rf "in a comb's then by Me charmun of'. the board ,of_county-commialonert and she,cierko14.1ei road /f_bypShcnance oretberysim„the toast licensing authority' is some other official, then_ such epprava( should be given by-such"off$te1J •••.'. ,. •_ NOTICE s'70466 TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT THAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY (30) DAYS PRIOR TO TH P AARON DATE OF YOUR LICENSE. THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LIC J1,1150RITY AT LEAST FORTY-FIVE (65) DAYSPRIOR TO THE EXPIRATION OF THE LICENSE. a�ai ei y L I-4 pa MM W Og— w d -f Ll CS it T H W H r O te a . i p. •Co L 4 V1 0 OS .., -U • t H :CO xtt=G P4 P4 Off.(/) nay Y oq w P4 co a4 ¢ Vic'' cl LIQUOR ENFORCEMENT DIVISION COLORADO DEPT. OF REVENUE 1375 SHERMAN STREET DENVER, CO 80216 TREASURER'S OFFICE, WELD CO,tyNTY !� Greeley. Colorado .. RECEIVED OF. 8449 $5%,50 FOR .....-"CREDIT County General Fund 1010000 tAil,Q/�'l� S'J So h -Department :119.0000 r Human Resources 121.0000 Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 1770000, County Clark Cash Escrow 81O0803 Fee Fund 900 0912 School District Gen Fund School District C R F 811.466 School District Bond Fund FRANCES M. LOUSTALET I rk I TOTAL AMOUNT r ] ."i ( /�_ j� 0 County Treasurer 093i0L8 ree CD rt 0�p di m O•m 0 W a N' CO e mm am m 004-3 01 P. � O �+3 N � co r trs rt o w PI OW 4 2 2 .a m - m r o o R a rt a n �-000 Pg THIS AGREEMENT, made this ,-l7th'day of June ,.1987, by and between THE BOARD OF WELD COUNTY -COMMISSIONERS, and BEST -WAY PAWING CO doing business as BEST -WAY PAVING CO. hereinafter called "Contractor NITNESSETH: -j That for and' in consideration o£ the -payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the phased construction of 1987 Pavement Rehabilitation - SECOND CONTRACT (Phase 1, Phase 2, Alternate No. I) 2. The Contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The Contractor shall commence the work required by the Contract documents in accordance with the date stated in the Spacial Conditions and '.shall complete the work within the time stated in the,Special Conditions unless -the period for completion is extended otherwise by the Contract documents. 4. The Contractor agrees to perform all of the work described in the Contract documents and comply with the terms of therein fot the sum of Six hundred fifty-seven thousand four hundred forty and 08/100 Dollars --=--------------=-------------- ($ 657,440'.08-----) for the project The term "Contract Dor+*+ts" means and includes the following: (A) Advertisement (11) information for Bidders . (C) 'Bid (DI Bid .'Bond -E-g o0 0 ca Qv' Pape 114Se G 870517 Agreement Supplemental General Conditions Payment Bond Performance Bond Notice. of Award Notice to Proceed Change Order Drawings prepared by Weld County Engineering Department, numbered (N) (O) Addendum No. , dated , 1987 No. , dated , 1987 No. ,,dated ,:1987' (P) Notice of`Contractor's-Settlement (Q)- Final Receipt and Guarantee (R)Other 6. The Owner will pay the Contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contract Documents.. 7 This Agreement shall be binding -upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF,-the.parties heretohave executed, or caused to be executed by their duly -authorized officials, this Agreement, each of which shall be deemed an original on.the date first written above. THE BOARD OF WELD COUNTY COMMISSIONERS By, ama Gordon`E.:Lac Please Type Title < Chairman Herman Altergott 5 (Please Type) vice,President 870517 Address P. O. Box 3189 Greeley, CO 80633` (SEAL) ATTEST: "nititilLtZtanotse.i. Name N�dry Ann Pfy rstei n (Please Type Title Courity Cleric & Recotder , ® '. eputy:' aunty C rve it. Green (Please Type) Title Treasurer 870517 d aitbgiliY saty ' ems' ;nal x typTE o • t Nelc ' esents the a vzgl d be sbal nB b v the YYeci`n'deYt catty -0i , d1 a a i a� y�,d i£ alt. elts le said 605 eSeeta �' Suretan,Y tall; e a�ifY t - O h `� it O d }aste�nestte� i oti e tl be sbalt SY,altf iv. ll Bes ,4 uss a'd Yc Itte o yor i a aril o va ix -boat. b, wont act-, tea Sba�o tYb � j be the Ca�tY�tea \ ex ��tY �e to d�e vbis ob B 1eve o 5 one Yea As ypeu� ess the of tali- al 9ua a �, eti a e0 -se sav--goonll o y sets,- toxoe d sot es Cono ooA tvAl tbg kiYiB s sg/9aJS� `seQal n ma a to VCIC otbe�is void; 1987 PAVEMENT REHABILITATION - SECOND CONTRACT PERFORMANCE -BOND KNOW ALL MEN BY THESE PRESENTS:. That BEST -WAY PAVING COMPANY Name of Contractor P.O. BOX 3189, GREELEY, CO. 80633 Bond #996067 Address of Contractor _. a CORPORATION , hereinafter called Principal, and -Corporation, Partnership, or Individual UNIVERSAL SURETY COMPANY Name of Surety 1301 9TH STREET,,GREELEY, CO. 80631 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10TH Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of SIX HUNDRED FIFTY-SEVEN THOUSAND FOUR HANDRED. ,FORTY AND 08/1O0 Dollars (j 657,440,08----- )in lawful money of.the United'States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE .CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a'certain Contract with the County, dated the 17thday of June , 1987, a copy of which is attached and made apart hereof for the construction of: (PHASE 1, PHSE 2, ALTERNATE NO. 1) NOW, THEREFORE, if the Principal shall well, truly and faithfully perfoxm.its duties, all the undertaking, covenants, terms, conditions,and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the, County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the County from all costs and damages which it `may suffer by -reason -of failure to do so, and shallreimburseand repay the County all outlay and expense which the County may incur in'naking,good any,default, then this obligation'sball be _ void; otherwise to remain in --full force and effect. Page 18 870517 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or -the -specifications accompanying the same shall is any ways affect its obligation on this bond, and it does hereby waive notice of any -such change, extension of time, alteration or addition to the terms of the Contract of the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the County and -the -Contractor shall abridgetheright of any beneficiary hereunder, whosesclaim may be unsatisfied 2N WITNE,SS WHEREOF, this iAstrument is executed in -of. June 19 87 .. 22nd day ATTES -BEST-WAY. PAVING COMPANY Principal aerli ts) ipal..ecretary (SEAL) `- Witness as to Principal ' :'. `Address ATTEST: Surety Secretary P.O. BOX 31.89, GRBER,EY, CO. 80633 Address 5` J UNIVERSAL SURETY COMPANY eIlLnel."SIi3:ness a t et At ey-in-Fact -P :g-JROX B, GREELEY, CO. 80632" 1301 9th St„ Greeley, Co. 80631 Address Address _;;NOTE: Date of bond mustnot be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Page 19 870517 PAWW NT BONG KNOW ALL !Sill BY THESE PRESENTS: That BEST -WAY PAVING COMPANY Bond #996067 Name of Contractor P.O. BOX 3189, GREELEY,-CO. 80633 - Address of Contractor a CORPORATION - hereinafter called Principal,and Corporation, Partnership or Individual UNIVERSAL: SURETY COMPANY Name of Surety 130E 9TH STREET, GREELEY,- CO, 80631 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, P. O. Box 758, Greeley, Colorado 80632, hereinafter called County, in the penal sum of SIX HUNDRED FIFTY-SEVEN THOUSAND FOUR HUNDRED FORTY AND 08/100 Dollars ($ 657,440,08--------- ) in a;lawful money of the United States, for the payment of which sum well and truly to be made, we. ,bind ourselves, successors, and assigns, jointly and _severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract withi he County, dated the 17th day of Jame , 1987, a copy of which is hereto attached and made a part hereof for the construction of: 1987 PAVEMENT REHABILITATION - SECOND CONTRACT (PHASE 1, PHASE 2, ALTERNATE NO. 1) NOW, THEREFORE, if the Principal shall during the entire length of said Contract and any extension thereof promptly make payment to all persons, firms, subconstructors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed .or used in connection with the construction of such work, and .all insurance premiums on said work, and -for all labor, performed in such work whether sub subcontractor or otherwise, thon this obligation shall be void; otherwise to remain full force and affect. PROVIDED, FURTHER, that the said -Surety, for value received hereby stipulates and agrees that no change, extension of.time, alteration or addition to the terms of .the Contractor to the work to -be performed thereunder or -the specificationsaccompanying- the same shall in sny 870517 way affect its obligation on time, alteration or .addition to the terms of the -Contract or to the work -or-to the specifications. PROVIDED, FURTHER, that an -final settlement between the County and the Contractor shall abridge the right of :any beneficiary hereunder, whose claim>may bo vnsatisfied_ IN WITEMSS;WHEREOF, this instrument.is executed in 1 counterparts, each one of which -shall be deemed an original, this the 22nd day of -June: .1987.. ATTEST Tr icipax Secretary,. Witness as to Principal Address ATTEST: Surety Secretary t$yfe Wfthess,as to ty _ PLO: �HOYF B_ , -Address - -GREELEY, CO. 80632 ' (number) HEST -WAY PAVING COMPANY. By Principal (S) P.O. BOX 3189 Address GREELEY, CO. 80633 UNIVERSAL:SURETY COMPANY' Surety By �~t U Att ey-in-Fact 1301 9TH ST. Address GREELEY, CO 80631 IN TEz Date of -bond must not be prior to date of Contract. I£ Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing Treasury Department's most amended) and beautborised State Where the project is bonds must appear on the current list (circular 570.as to transact business in the located. 870517 UNIVERSAL SURETY COMPANY LINCOLN, NEBRASKA POWER OF ATTORNEY Enna, ....All Sinn pi, (Zl)rse rrrsrttts: That the UNIVERSAL Suaery COh1IANV, a corporation of the State of Nebraska, having its principal office in the City of Lincoln. Nebraska, pursuant to the following By-law, which was adopted by the Board of Directors of the said Company on July 23. 1961, to -wit: ' 'Article V -Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACE The President or any Vice -President, acting with any Secretary or Assatarrt Secretary. shad have the authority to appoint Resident Vice -Presidents and Attorneys -In -Fact with the power and authority to sign, execute. acknowledge and detive• on its behalf. as Surety. Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Mce-President acting wain any Secretary or Assistant Secretary; shag also have the authority t0 remove and revoke the authority of any such appointee: at any: time.' does hereby make, constitute and appoint . - Norman D. Noe or Gladys L. Conrady or Lawrence E. Lutgen, Greeley, Colorado its tore and lawful.Attorney(g)-In-Fact. to make. execute. seal and deliver tor and on its behalf. as Surety. Arry and all underralungs otsuretyship And the execution of such bonds or undertakings in pursuance of these poresents, shah be as binding upon said Company, as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the reguWdy elected officers of the Company at its offices in Lincoln, Nebraska, in their own mons. The following Resolution was adopted at the Regular Meeting of the (bard of Directors of the Universal Surety Company, held on July 23, 1981: "RESOLVED. That the signatures of officers of the Company and the Seal of the Company may be affixed by facsimile to any Povwet of Attorney executed in accordance with Article V -Section 6 of the Company By -Laws: and that any such Power of Attorney bearing Such facsimile signatures, mduding the facsimile. signature of a certifying AssiEtant Secretary and facsimile seal shag be valid and binding upon the Company with respect to any bond. undertaking or contract of suretyship to which it is attached," - - - All authority hereby corderred shall remain in full force and effect until terminated by the Company, IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has Caused these presents to be. signed by its Mce-President and its corporate sealto be herento affixed this 1st day of June 14 87 Secretary State ot Nebraska )) ) ss. County of Lancaster) On this 1st day of June 15 87 . before mepersonalty cane Robert L. Privett to me Imown, who being by me dulysworn, did depose and say that (s)Ile resides in the County of Lancaster. State of Nebraska; that (spit is the Mce-President of the UNIVERSAL SURETY COMPANY, the corporation described in and which execued-the above instrument; that (s)he knows the seal of the said =potation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board o1 Directors of said corporation; that (s)be signed (hisl (her) name by Ike order, and that By -Law. ArticleV-SeWon 6, adopted 6y the Board of O6ectors of said Company. referred to inure preceding instrument. snot; it force My Commission Expires S-22-89 & .ado Notary Public LI 4•ri:w04Ax:Ar. �TJ it ay RfirANA I. Thomas A. Tallman Assistant Secretary of UNIVERSAL SURETY COMPANY. do hereby certify thetas above and foregoing is a true and correct copy of a Power of Attorney axes led by said'. UNIVERSAL SURETY. COMPANY, which is still in fun force and effect: Signed and seated at the calot Lincoln, Nebraska this 22nd day of 31me to _87 " �� a As 7S., Secretary 010 PRODUCER TIFICSTE OF INSURANCE ISSUE DATE (MM/CaYr 6-22-87 Bartels & Noe Agency P.O. Box B ''Greeley, CO. 80632 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW, INSURED Bestway Paving Co. P.O. Box 3189 Greeley, CO. 80633 COVERAGES COMPANIES AFFORDING COVERAGE COMPANY A LETTER' American States Insurance Co. LETTER Y_ B COMPANY LETTER C. COMPANY D LEVER COMPANY E LETTER TIFY NOTWITHSTANDING TµY REOU1�R© ENINSURANCE T FOR CONDITION Cf BELOWCONTRACT BEEN UOR OTTHERR DOCUMENT O THE INSURED NAMED REESSPECFOR T WHICH THIHIS �F�.TTEE RAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES. DESCRIBED MEREJN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS, AND CONDI- TIONB.OF SUCH POLICIES. _ LR TYPE OF INSURANCE POLICY NUMBER rtprrnveUA6ILITY.UMfTS. � paNCOPY) OUC+ EXPIRATbR DATE !fin W THOUSANDS ! ONCE AGGREGATE - _.. '. ;'. - GENERAL Z UABIIJYY. COMPREHENSIVE FORM PS/OPFAATION5 UNDERGROUND EGALOSFIONISCOLLAPSERAZARD ETEDOPERATIONS CONTRACTUAL. n+oEPE�+oENT IXINiRAC Opg BROAD Rost'pROPFRIy murk PERSONAL INJURY - 01 CC 031516 - - 3-1-87 . 3-]-88 vpy ,... OCC $. �... . X PROPERTY $ $ x $ 1,000 $1,000 X X X X : - PERSONAL INJURY.. $1 6000 A AUTOMOBILE LIABILITY AU_ OWNED AUTOS (PRPt PASS:) ALL OWMLI M )S k/P� ) HIRED AUTOS , NOMOWNED AUTOS GARAGE Matt/ BA 000 083 ..... 3-1.87 -. 3-1=88 - FOXY < X X BAY mfrirtein $ .. T - x X PROPERTY ON••LC $ Es s PD ODMBINEp $-1,000 A EXCESS UMNUTY uMaREw FORM OTHER THAN UMBRELLA FORM. renewal of .M1412831 _ 3-1-87 3-1-88 o,*sma, $ 1,000 ^ $ 1,000 31 WOHIffjIS' COMPENSATION AND EMPLOYERS' LIABILITY,`$500 OTHER WC 262 468 3-1-87 3-1-88 - STAMCAY . , ... ',>k EE r ) $500 (EACH FOMENT) cosELSEPOLILY?A1T):'.. $500 - (DISEASE-EACm RADLOYEEI , DESCRIPTION OF OPERATIONS/LOCATIONSNFHICI FRtPPFr`mi ,TF..e JOB: 1987 Pavement Rehabilitation - second contract (phasel, phase2, & alternate # Board of Weld County Commissioners 915 10th Street Greeley, CO. 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF. CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OSUGATION OR ;LABILITY OF _ ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. r.c 870517 .aco+::ssvaG`c5+77.-, it4ari. (; DATE: June 3, 1987 PROTECT: CHANGE ORDER NO- #1 1987 PROSPECT VALLEY GRAVEL HAULING TO (CONTRACTOR): TED KITZMAN & SONS JUSTIFICATION: Additional mileage, hauling and spreading Adjustment for final payment for'compt;e ion -_of the project. You are directed to make the following changes in the work. All other terms and conditions of the Contract not expressly modified hereby, shall remain in full force and effect. ITEM N0. DESCRIPTION EST. QTY. UNIT UNIT COST AMOUNT Hauling Spreading 1,531.23 Ton 13.56 I 16.451.18 ot 172,446.40 The original Contract sum was $ Net change by previous Change orders $ 0 172,446.40 The Contract sum prior to this Change Order was $ IOCKAGGAIX Te Coptract sum will be (increased) WarWs(zith or /(Aiiii iii by this Change Order $ 5,451.18 The Contract sum including this Change Order will be. $ 177,897.58 The new Contract time will be .(mod/}/ 0a/e/u4iGgie0/,l/ or (unchanged) by 0 ( ) days. The date of Completion as of -the date of this Change therefore June 3 , 1987 . ACCEPTED BY: Ted Kitzypan & Sons Contractor 5534 County Road 6 Address Wiggins, CO80654 E-G0D01,0 tGDERED BY: THE BOARD OF WELD COUNTY COMMISSIONERS Address: P. O. Box 758 80632 /f /J Depujty�/ County Clerk Page 870485 V.O. WARRANT N0. 902148. 'STATE OF COLORADO COUNTY OF WELD )j P.O. N0. 1763528 SS WELD COUNTY, COLORADO General FUND CLAIMS PAGE 1 of 1 VENDOR AMOUNT COLORADO STATE SHERIFF'S POSSE 35-00 TOTALS 35-00 This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages l through 1 and dated June 17th 19 87 and that payments should be made to the respective vendors in the amounts set opposite thiir names with the total amount $ 1S,nn DATED THIS 17th DAY OF June , 19 87 SUBSCRIBED:AND SWORN TO BEFORE ME THIS 1,7rh -DAY OF- June . MY.COMM ISSIOTt_�EXPIRES:mycommission FjPlnisIuneg.1990 STATE OF COLORADO COUNTY OF WELD ) ss 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 $`35 -on :ATTEST: County rk & Recorder] Member WARRANT NO. 12952 OL5309 _ UNITED BANK OF GREELEY It •J 1,329-74 WANG CHECKS {69 checks} 9,926-19 TOTAL 5 114255 T3 V.D. P.O. NO. WELD COUNTY, COLORADO PAYROLL FUND CLAIMS vrr�nno PAGE STATE OF COLORADO COUNTY OF SELL ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages l through T 1 and dated JUNE 17th , 19 87 and that payments should be made to the respectwe vei then nom' Ames with the total amount S 11,255.93 DATED THIS 17th DAY OF JUNE SUBSCRIBED AND SWORN TO BEFORE ME THIS 17th DAY OF MY COMMISSION EXPIRES: Mr commission evemsJum,e, tepo STATE OF COLORA� ` 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 to ' _11,255-93 19 87 ..=_-zer WARRANT NUMBER 12935 12936 12 937 12938 12939 129 1 12942 12944 ` 12946 12947 12948 129.49: . 12950 - 12951 SEMI-MONTE.Y PAYROLL HANDWRITE APPROVAL FORM PAYEE - MICHELLE L MARTINEZ -TENA M. SCHMER TAMMY GUSTIN MANULITO GAUNA` PEARL SENA DONNA LUCERO REBECCA ZAMORA ABIGAIL RAMIREZ RENAE JOHNSON NORMA COLUNGA MARKZAMOlik SHERRI ERICKSON TERESA SANCHEZ GEORGE PPARCE SHEILA K. PUNCCHKF` TINA SIMS' COLLEEN LITTLE ' NUMBER` OP WARRANTS , ` 17' ARRANT AMOUNT 171-81 - 168.12 123.00 162.00 148-511 48.01 70.50_ 7133, S0` 117.0a 138.011' ]L5.[>a 7112.111 12f1.f13 -,a0.nn 12° 112 11.66 4S al. THE AMOUNT OF THESE: HANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL. TOTAL ON JUNE 17th 19 87 . STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON 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 ADC ADC -U' IV -D OAP AND IRA AB GA 18 'M D. TRANS. ADM SERVICES CHILD WELFARE PAC OAP SS 18 DC` SUBTOTAL SUBTOTAL GRAND TOTAL DATED THIS 17th DAY OF AMOUNT 1,475.80 OAP _ss 1,475.80 1,475.80 June 1987 , DI SUBSCRIBED AND SWORN TO BEFORE ME THIS 17th DAY OF MY'COtMISS10N EKt-R$Sit* ssiarExpires irtie� STATE i C i c } SS COUNTY OF WELD '" ) ‘IMINISTRATION June , 1987. TART PUBLIC •4fa-t .i%rixy WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFO'' ARE HEREBY DRAWN UPON THE SOCIAL SERVICES FUNDS AND CHARGEABLE AS STATED: ATTEST: l;tvwl WELD COUNTY CLERK ANDIRECORDER AND CLERK TO- TILE_BOARD,... - 10i/7/87 i DATE PRESENTED: a • s • • • • • • • • • • ♦ • • • • • • D Y A V 0l r _•2 1`3 N +21 N 02 tro O O at O CO M N N tit O` O O r r 1 1 M r N N r aW W WW r r r is N x n x N M N N r CO m NOD 121 #2 N t4 N'• NM • • •• a 20 p. 0 O. - n Off ' ._T O N H A f, 7 a 0 9HIOlifia ANON033 O tV W.W va W W u1141)21 W W W W W a rr rr•+Yr r Yp. rY r a 2.1+4rMy040200.0•.10.0• +1 aWmootta OAWW WNN 61 O:N N T JO` m r r `0 fw a M +1 :C NC. ®wN T W afli I+1N mm+1+1-4 m-1 N..1v Mm YM r M m 1 1 1$ 1 1 1 1 1 log W W W W W W W W W W W W 412 541557?174774 a AA AAaaa 42 a .a211 4,4aaaaaaaaa VIVI a ut VI.V1:a a a a VI' a s N 1 r- a 1 it i it 1 8 N 1 r ! n N 1 N • r-1 a N 1 r . .1. 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O _} (,7.+ .. w r « r �-+1•/ ::fi t i 7c'�: ja w In 1� .nA 2- p Z}- -OONJ1►D.D < "= 1Cr+ :-Inb 70.71. tr mz Zts mz C a rZn•_ 2 or .r ao .ZY W P en, m to rzSr a�••� y H2-i C'�D .Pi.r w .ro - � ++ A 'Jr "' - ..m am r.y .-. z o 2 •:-.•a < 77 p „moo .. n, �s .` o • F m oa � f F l cX. an "` > �+ m 2. H %.51k Pos s 4v. r= r..rr N 0 m:N r r a warn0 'D:.lal-r W7Y ' i • L 4'4- • a ♦ i . • vicPa-.O_myp..p000�+ rN wm ". Vtr.1,+1GWGPY�y4:(WNCO .W MO -0eT ph.r. —1N •dO +1 w--NP¢WN: OW 9 r N N ..,. ' 1nN WPW. 1.2 7 Y 40 .p. o of a�1 a• es r orbit W � N.N N m • • • • • • • • • • • • • `�°s • • • s • s • • St: s'n MEMORAnDUM Gordon a Lacy. Chairman To Weld County Commissioners Date June 17, 1987 11 - COLORADO From Walter J. Speckman,`Executive Director, Human Resources Subject' Migrant Head Start Expansion Grant The Migrant Head Start Program is applying for expansion funds in the amount of $300,174.00 to increase services for Migrant; Head Start children in Weld, Boulder, Adams, and Larimer counties. The Migrant Head Start Program will -sign -cooperative agreements with the Lamar and-Alamosa BOCES'to provide services to migrant children 'in -those two areas. These funds will Start children. N Roo No 873493 provide services for an additional 271 Migrant Head BUDGET FIGURES FOR NHS' expansions of 1987 WELD COUNTY 1987 Migrant Head Start /Day Care PA 23 Budget expansion' Personnel Salaries, Staff Salaries, Transportation Total Personnel Fringe; Benefits Workers Compensation Health and Life Insurance FICA Travel Supplies - Other. Total Fringe Benef Mileage (-20 per mile) Out -of -Town Expense Meals Total Travel Food Office Supplies Janitorial Supplies Classroom Supplies Medical DentalSupplies Kitchen Supplies Total supplies 82135 16000 98136 572 2958 6399 9928 60 15 150 225' 15500 15000 1800 2300 3400 4200 1839 29039 -15000 R&M Supplies 1560 Gas & Oil 9000 Postage 120 Printing- 840 Subscriptions 30 Memberships & Dues 60 Utilities 5580 Telephone 900,,, Storage 420 Medical '& Dental Services 4248' Audit Fees 720 Other Proffesional Services 15400 R:& M Vehicles 7000 R & M Equipment` 1000 Staff .&' Local ; Travel 5000 Meeting Expense 300 Books' 120 Supportive Services 180 Insurance 180 Building & Equipment Rent 4000 Machinery & equipment Rent 1020 Total Other 57673 0 8'70493 Program Expenditures 195000 -15000 BUDGET FIGURES FOR HMS expansion' of 1987 ' SAN LUIS PS 23 1987 Migrant .Head Start /Day Care PA 23; Budget expansion CCFP Salaries, Administration Salaries, Staff Salaries, Transportation Total Personnel Fringe Benefits Workers Compensation Health and Life Insurance FICA Travel Supplies Other =Total Fringe Benef Mileage (.20 per mile) Out -of -Town Expense Meals Total Travel Food Office Supplies Janitorial Supplies Classroom Supplies Medical Dental Supplies Kitchen Supplies Total supplies 4000 15000 2000 21000 173 894 1933 3000 1500 5 47 1552 6000 -4500 563 - 563 750 1313 188 9375 -4500 R&M Supplies 488 Gas & Oil 1875 Postage 38' Printing 263 Subscriptions 9 Memberships '& Dues 19 Utilities 1744 Telephone 281, Storage131 Medical '& Dental Services 1013 Audit "Fees 225 Other Proffesional Services 4500' R & M.. Vehicles 1744' R & M, Equipment 263 Staff & Local`; Travel 656' Meeting Expense 94" Books 38 Supportive Services 56 Insurance 56 Building & Equipment Rent 938 Machinery & equipment Rent 319 Total Other 14748 8"70493 Program Expenditures 49674 -4500 BUDGET FIGURES FOR HES expansion of 1987 LAMAR 1967' Migrant Head Start /Day Care PA 23 Budget expansion CCFP Personnel Salaries', Administration Salaries, Staff Salaries, Transportation Total Personnel Fringe Benefits Workers Compensation- Health and Life Insurance FICA Total Fringe Benef Travel Supplies Other' Mileage (;20 per mile) Out -of -Town Expense Meals Total Travel Food Office Supplies Janitorial Supplies Clasaroom Supplies Medical Dental Supplies KitchenSupplies Total supplies R&M Supplies Gas & Oil Postage Printing Subscriptions Memberships &=Dues Utilities Telephone Storage: Medical & Dental Services Audit Fees Other Proffesional Services R` & M vehicles' ' R & M Equipment Staff & Local Travel Meeting' Expense Books. supportive Services Insurance Building & Equipment Rent Machinery & equipment Rent Total Other 4610 39479 -2500 3719 47807 -2500 305 -24 1579 -122 3415 -264 5299 -409 25 6` 64 96 4090 -4000.00 764 764 1019' 1783 255 8674 -4000 662 2547' 51 357 13 25 2369 382' 178 1377 306 6113' 2369 357 891 127 51,, 76 76 1274 433. 20033 Program Expenditures 81909 -6909 Anticipated CCFP Reimbursement -6909 8'70493 A. Need for Assistance For the remainder of this decade and well into the next, it is anticipated that rural agricultural communities in twenty-three of Colorado's sixty-three counties will continue to experience an influx of migratory agricultural workers. Approximately five to six thousand (5,000 - 6,000) interstate migrants come to Colorado from Texas, New Mexico, Arizona, California, and other areas of the Southwest. A small number come from Missouri, Washington, and Iowa. These families move into Colorado in order to prepare the soil, plant, irrigate, weed, thin, harvest, grade, sort, and package Colorado's produce. Others work in packing sheds and potato cellars. Approximately ninety-five percent (95%) of migrant farmworkers in Colorado are Hispanic. Of these, nearly sixty percent (60%) are mono -lingual (Spanish only). Of the remaining five percent (5%), four percent (4%) are Anglos and one percent (1%) are Native Americans and Blacks. Migrant farmworkers are among the very poorest of the working poor in America today. Nationally, the average income for individual farmworkers is estimated at $27 per day for an average of 96 working days, or $2,592 per year. In Colorado, the average annual income for a family of six is currently estimated to be between $4,200 and $5,500. Aggravating the farmworkers very low income is the factor of inflation which has a devastating affect on the ability to obtain even the bare essentials of life. The lifestyle of migrant farmworkers in Colorado is characterized by underemployment, low wages, Job insecurity, substandard (although expensive) housing, inadequate nutrition, cultural isolation and community discrimination. Children of migrant farmworkers represent the principal "high risk" population in Colorado. Not only do children of migrant fanuworkers face typical diseases andhealthproblems associated with childhood, but also they confront numerous health problems -and risks associated with their migratory lifestyle and the environmental hazards faced by an agricultural worker --the third most hazardous occupation in the United States. Infants and, preschool age children are regularly at field worksites. Those not in the field areoften cared for in conditions that are far below the accepted standards of care for children. Both sets of conditions may be considered by legal definition to constitute child neglect. In 1984, Colorado had thirteen migrant day care/Head Start centers for infants and preschool_age_children of migrant agricultural workers; and this number of centers did not meet the full demand. These centers provided services to approximately six hundred (600) children throughout the state. In 1986, there were only three (3) migrant day care/Head Start centers operating in Colorado serving three hundred (300) migrant children. The Weld County Migrant Head Start, provides services to two hundred (200) children'in Weld, Adams, and Boulder counties. Otero Community College provides services to one hundred (100) children in Otero County. 8'70493 The number of preschool migrant children in the State of Colorado has been determined through data collected from the following sources: State Department of Education, Title I Migrant Education, Weld Board of Cooperative Educational Services (BOCES), and historical data compiled through the Migrant Day Care/Head Start program operated by Weld County in 1986. The Colorado Migrant and Rural Coalition did participate in a needs assessment process also. The coalition is formed by statewide agencies, local community organizations, and advocates of migrant farmworkers. The coalition meets throughout the year to plan delivery of services, to assess resources available, and to identify other migrant worker needs. The data is broken down by month (the months shown are those with the greatestimpact of migrant families -in the area) and by children's age. Chart 1 Adams and Boulder Counties The Weld County Migrant.Head Start is presently funded to serve one hundred (100) children for a period of fifteen (15) weeks in -these two counties. The dates of actual services"during the summer of 1986 were July 7, 1986 to October 16, 1986. Month Age (years), May 0 - 2' 3 5 June 0 - 2 3-5 July 0 - 2 3-5 August 0 - 2' 3 _`5 October 0 - 2` 3-5 September 0 - 2 - Number of migrant children in counties Number of migrant children unserved by Migrant HeadStart 39 89 8'70493 Chart 2 Weld County The Weld County Migrant Head Start Program is presently funded to serve 100 children in the Weld County area for a period of 15 weeks. The dates of actual services during the summer of 1986 were July 7, 1986 to October 16, 1986. Month Age -(years May 0 - -2 3-5 June 0 - 2 3_5 July 0 - 2 3-5 August0 - 2 ' 3-5 September 0 - 2 3';- 5 October 0 - 2 3-5 Number of migrant children in counties 165 108 111 162 106 162 " 85 150 64 123 50 112 Number of migrant children unserved by migrant Head Start 165 " 108 111 162 61 106 31 73 31. 70 4 50 The counties chosen to receive services represent the predominant agricultural areas in the state of Colorado. The influx of migrant families into these counties is also greater than anywhere else in the state. The families who will receive services must be migrant farmworkers, as defined by the Administration for Children Youth and Families (ACYF) Migrant Head Start; meet the family income guidelines; and be presently working in the fields. Families meeting the criteria are some of the most vulnerable in at risk populations. Although farmworkers are of major economic importance to many of Colorado's rural communities, they are virtually invisible to local decision makers because they have novoting ,power, do not own property, and are culturally and linguistically differentfrom the local power bases. They are not anyone's natural constituency. Most communities are neither awareof,-nor willing to respond to, the needs of Colorado's migrantagriculturaT tabor force. Tfie Weld County Migrant Head':Start is preparing of children enrolled in the following areas: Weld County by 60 children 10 infants -0- 20} 'toddlers 1} 3 30 Head Start 3 - 4 870493 Adams County by 30 10 infants 10 toddlers 10 Head Start Boulder'County ,by 10 infants 10 toddlers 10 Head Start children 0 1f If -3 3 - 4 30 children 0 - 11 if -3 3 - 4 These counties do not count at the present time with other service providers ,(public schools or preschool comprehensive developmental services):who could serve migrant<farmworker's children.; 870493 B. Results or Benefits Expected The Weld County Migrant Head Start will provide a comprehensive center based day care/Head'Start program which will address critical developmental, educational, and health services to 0 to 4.year old migrant children and their families. Education The program will implement the Bilingual Multicultural Curriculum "Nuevas Fronteras de Aprendizaje" for children 3 and 4 years old. The philosophy of Language Development behind the curriculum stresses learning concepts in the child's dominant language and familiarizes the child with a second language. The program's goals are designed to develop both languages through small group and large group activities with regard to child -development the children experience a full and rich program which promotes their development in psychomotor, socio-emotional, and conceptual areas. The curriculum to be implemented with the 1 to 3 year old children will beadaptedfrom ,the portage guide to Early Education. In this guide, five basic areas of development 'canbe taught. These are socialization, language, cognitive, self-help, and motor skills. The.progress'of these skills are recorded on a check list,based the sequence of normal child -development. The'steps in implementing the portage guide are as follows: 2. Have a defined goal,'that is specific and requires "a response from the -child. Select;a specific objective to be taught (for example, buttoning). 3. Select materials. 4. Have a routine time and place. 5 Use short and simple explanations and be sure to model the correct response. Reward frequently at the beginning and then gradually fade the rewards. 7. Provide many opportunities for the child to use and practice their new skills. The curriculum to be implemented with the 0 to 1 year old children will be adapted from "Teach Your Baby. In this guide there are five areas of sensory experiences. These are spatial relationships, self awareness, cause -and effect, and imitation and speech. The progress of these skills are -recorded -on a check list based on -the -sequence of development. Health The Weld County Migrant Head Start will implement a comprehensive health program which will address the unique needs of migrant families. The health program will be integrated into the educational component to 8'70493 promotehealthful life styles and health practices as.essential elements of each child's growth and development. The educational program will be linked in a systematic -way -to a broad variety of healthcare providers in each community, -accessing -services to migrant families. 1. Services to be provided Screening ,and physical assessment vision hearing :height and weight blood pressure hematocrit icoliosic Referral for diagnosis confirmation/treatment All migrant children for -whom abnormalities are discovered during, the screening/physical assessment process will be offered treatment as indicated. c. Case management/follow-up Each child for whom a medical problem is identified in a screening will receive follow-up services, including parent contact to: (1) assure.compliance with prescribed regimen and medications (2) assure that necessary return visits are appropriately scheduled and adhered to (3) assure that parents are adequatelyinformed of their child's diagnosis and ongoing needs for treatment d. Dental services Nationally, dental disease has been identified as the number one chronic health problem in children. Dental diseases frequently cause stomach aches, ear aches, and other painful conditions in children that are not always identified as dental in origin. Significantly, dental disease will not correct itself. Untreated, it will lead to serious dental diseases and eventually-to.loss of teeth. It is additionally significant that dental diseases are, for.the most part, preventable. Specific dental services will include the following; (1) Identification of needs Children enrolled ₹n the, migrant summer program will receive dental screening.,- Caries, periodontal disease, malocclusion,:speech defects and adverse oral habits will be identified rfrom this screening information and individual specific`dental plans will be -developed. f370493 (2) Treatment of identified needs All children needing emergency dental treatment will be referred for immediate care. Other children needing care will be prioritized and referred for treatment. (3) Prevention All children of appropriate age will receive classroom dental health education and, individual instruction, dental prophylaxis (cleaning) and topical fluoride application at the school'. Fluoride combines with the teeth, making them stronger and less susceptible to dental decay. Diet counseiing, as it relates to dental health, will be provided" incoordination with the migrant nutritionist. (4) Nutrition services Over the past several years, medical literature has suggested that migrantchildren have significantly more nutritional problems and deficiencies than non -migrant children. Data from the 1986 Colorado Migrant Schools report seems to be consistent with this statement. Symptoms of a nutrition deficiency, such as anemia, are fatigue, frequent illness, poor appetite and short attention span. Consequence of prolonged anemia may result in decreased growth and development potental and increased susceptibility to infection. Other nutrition problems such as growth failure, overweight, and failure to thrive have equally devastating results in terms of the child's learning potential. The primary focus of the migrant nutrition program is to provide direct counseling to children and families where nutritional deficiences are found. As ;part of the nutrition management of these problems, it is important to assess dietary intake, to determine parent/child motivation for changing eating behavior and to provide individual dietary counseling and follow-up. Other services that will be provided in the school setting include: inservice training to teaching and food service _staff, assistance for teachers in using nutrition classroom curriculum plans, and nutrition education at parent/family nights and during home visits. (5) Health education services In 1979, the U.S. DepartmentofHealth, Education, and Welfare released the Surgeon General's Report on Health Promotion and Disease Prevention, °Healthy. People.' The central theme of the report is that the health of this nation's citizens can be significantly improved through 870493 actions that individuals can take themselves. Not only do these personal decisions influence the length of people's lives and their capacity to enjoy it, but also, they have a major impact on the long term overall cost of health care services. In addition to the obvious potential for a positive impact on the health status of a population as a direct outgrowth of education and preventive efforts directed toward dental and nutrition issues as described above, there are a number of other educational health promotion topics which are of importance to this special population. The Weld County Migrant Head Start will direct -major health education efforts towards migrant families. Systematic dissemination of information and educational materials will take place during home visits and parent/family nights Handicap/Special Needs The Weld County Migrant Head Start Program.will actively recruit for and make available no less than 10 percent of its total number of funded slots to handicappecichildren'and will provide services -to them in a main stream setting. Instructional Services The program will provide migrant handicapped children with special opportunities to improve their communication skills; will prepare handicapped children to function successfully, by providing them with preschool experiences that are geared to their psychological and physiological characteristics; will provide specially designed activities which will increase handicapped children social growth, positive self-concept, and group interactions skills; will implement programs utilizing every available and appropriate federal, state, and local resources through coordinated funding that will improve mutual understanding and appreciation of differences among children. Supportive Services The Weld County Migrant Head Start will make every effort to establish an intra-state and inter -state communication program for exchange of student records, methods, concepts and materials to assure that sequence and continuity will be an inherent part of migrant handicapped children's total educational program. Communication will be developed and established among the Head Start programs, the community and -its agencies, -and the target groups to ,ensure •coordination of.all available resources for the benefit of migrant handicapped children. The physical and mental ;well-being of migrant handicapped children will be;:promoted by including!dentai,.medical nutritional, and psychological services.' 8'!0493 Lines of communication will be established between Head Start staff and migrant families. The communication will lead to parental reinforcement of the handicapped effort. Pre -service and in-service workshops will be conducted to increase staff's self-awareness of their personal biases andpossibleprejudices regarding handicapped persons, and to upgrade their skills for teaching migrant handicapped children. Social Services The Weld County Migrant Head Start Program has established and maintains an outreach and recruitment process which systematically ensures enrollment of eligible children. Recruitment activities include networking with the community agencies, advertisements in newspaper and radio stations in both,english and Spanish, visiting migrant labor camps and placing posters in migrant health centers, food stamp offices, job services office, etc. A family needs assessment is conducted for every family participating in the program. The needs assessment identify the interests, desires, goals, needs, and strengths of the family. The Family Services component provides direct services and advocates for migrant -Head Start families by networking with local social service agencies, community organizations, volunteer organizations, etc. However, the main goal is to determine how Head Start can help the families to attain self-sufficiency. Direct Services to migrant families include: free child care, in order for family members to attend GED glasses and workshops; transportation to Head Start, in order for parents to volunteer in the classroom, attend_meetings, etc.; clothing for Head Start family members; emergency loans; fee for'classes;.and food vouchers. These and other direct services are provided in part -or -all by fundraising efforts and donations from local businesses. Families are also referred to other agencies in an effort to- Meet their needs. Parent Involvement The importance of, parent involvement in Head Start is unquestionable. For the -past -twenty years, the success of Head Start as a comprehensive early childhood program has been in great part due to the extensive parentinvolvement effort. When we talk about helping children, we cannot discount parents as a main influence in their childrens' lives. Creating real change means to affect -the family environment, unemployment, lack of educational opportunities, single parenting frustration, substance abuse, etc., create the conditions for child abuse and neglect; create the conditions under which young children will grow up without the basic ability --physical, emotional, intellectual, social'skiTTs--to succeed. Weld County Migrant Head Start is totally committed to the -principle that parents with`'adoluate support tan -provide -the home environment that 87'0493 will protect and stimulate children to be successful at whatever they try. This can be achieved by providing opportunities and encouragement to parents to participate in the Head Start experience_ Parent participation includes: o Parents or decision makers o Parents as paid staff, volunteer and observers in the classroom o Parents working at home with their own children in cooperation with Head Start staff to support the child's expenses o Parents participating in the development of a Parent Education Plan Parents who will participate in the Head Start Program will continue to provide their children with. opportunities to grow and learn. They will know whereto.go,for assistance within the. community and how to work within the community;system to effect the changes they need._ 870493 C. Approach The Weld 'County 'Migrant Head: Start is proposing to provide services to migrant children through-the.implementation of the'Standard model -full day. option: Standard Model '- Full Ddy #''of children 120 # of hours/day 9 # of days/week 5 #'of days/year 100 # of home visits/year 2 (minimum) average time of home visit 1 hour # of classes 8 The standard model -full day option will best serve the needs of the migrant families in the area. The families move constantly within the county seeking work. On many occasions it can be 30 to 50 miles away from their labor camp or house. The distance and the work needed to be completed, most of the times on a deadline, keeps the families away from home since very early in the morning until late afternoon. The program will provide services from 7;00 a.m. to 4:00 p.m. five days per week. Services will be provided through two migrant day care/Head Start centers. One will be located in the town of Frederick, Colorado (see attached map). This center will serve the southern part of Weld County, and Adams and Boulder counties. The center is licensed by the State Department of Social Services and can accommodate the increase in enrollment. Weld County chose this area because it is centrally located. Children will be transported from the towns of Hudson, Prospect Valley, Brighton, Fort Lupton, Longmont, Erie, and Henderson. The second center will be located in Greeley, Colorado. The Greeley center houses the regular Head Start Program during the fall and winter months. It is licensed by the State Department of Social Services, and has a capacity to house over 200 children. Children will be transported to and from the center. The following towns willbeserved: Pierce, Ault, Platteville, Gilcrest, LaSalle, Evans, and Eaton. Transportation is provided through the Weld County Transportation Department, which utilizes maxi -vans equipped with seat -belts, radios, and car seats for infants. The Parent Policy Council has been involved in the development of this application. One of the recommendations from the parents was to extend the lengthoftime that children receive services from the program. At the present the program provides direct services for a period of fifteen (15) weeks. However, families arrive in the area as early as late April and do not leave until late September. The program is applying for expansion monies to serve 120 additional children for a period of 20 weeks from the middle of May to late September. Attached please find letter -of;support from.locai community agencies and organizations, as well as other, service providers and community members. - 8'70493 PEpor- 5 J 1 * - � or� r� unicafions une / 15•Or' • COLORADO MEMORWIDum Clerk to the Board Date June 15,-1987 George Goodell. Director of Road and Bridge -4Q Board Agenda item Road Opening Weld' !County 'Road 64, "0" Street, `between -US Hwy 85 and 1st Avenue was opened to traffic on June 12, 1987. The road had been closed for .repair of. Bridge 64/39A. Weld County Dispatch and Sheriff's Office were notified. fetvo' IIlipit lt COLORADO MEMORMIDUM ro Clerk to the Board From subjecr Date George Goodell, Director of Road a June 15, 19E7 ; nd Bridge � Board Agenda item -.Road Opening Weld County Road 84 between Weld County Roads 43 and 45 was opened to traffic on June. 15, 1987. The road had been closed for repair of Bridge 45/84A. Weld County Dispatch and Sheriff's office were notified. GG%bf xc: Communications •ea! `ay 6-1'I-77 15-DPT-EX FORM 905 DETERMINATION STATE OF COLORADO DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 623 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 IN THE MATTER OF THE APPLICATION OF: FIRST _UNITED METHODISTCHURCH 917.10TH AVE. GREELEY, CO. 80631 APPLICATION NO. ,FILE N0. COUNTY: PARCEL NO. 52787 TELEPHONE (303) 866-2371 86-365 62-01-028 WELD 0961-05-3-30-006 FOR EXEMPTION FROM GENERAL TAXATION OF- PROPERTY -CLAIMED TO BE OWNED _EXCLUSIVELY FOR RELIGIOUS WORSHIP. F DESCRIPTION OF PROPERTY: LOTS 19 - 20, BLOCK 66. �f r AL,...UN SW 6hi a�cm. 401.0), THE ADMINISTRATOR, HAVING REVIEWED THE APPLICATION AS PROVIDED IN 1973 COLORADO REVISED STATUTES, TITLE 39, ARTICLE 2, SECTION 117, HAS DETERMINED THAT ;SUCH EXEMPTION IS IN PART JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE LAW, AND EXEMPTION IS HEREBY GRANTED IN PART*. THE SAME TO BE EFFECTIVE JANUARY 1, I986. *EXEMPTION IS GRANTED TO THAT POR LOT 19 DESC AS BEG AT NW COR, TH S 50 FT, TH E 29 FT M/L, TH N 10 FT, TH E 28.5 FT M/L, TH N 40 FT TH W 57.5 FT TO POB_ ;EXEMPTION IS DENIED TO THE REMAINDER AS LEASED AND NOT USED FOR RELIGIOUS WORSHIP. DATED AT DENVER; COLORADO THIS 29th DAY Of May 19 87 . 914.4.41 MARY PNNEW UREN .___ MARY ANNE MAURER PROPERTY TAX ADMINISTRATOR (SEE ATTACHED FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, ?REASURER AND. Tr) /709' ♦> rV I V.' 15-DPT-EX FORM 905 DETERMINATION STATE OF COLORADO DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 623 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 5187 TELEPHONE (303) 866-2371 APPLICATION NO.: 86-126 FILE NO.- 62-01-044 COUNTY _ WELD' PARCEL N0. IN THE MATTER OF THE APPLICATION OF INTERNATIONAL CHURCH -OF THE FOURSQUARE GOSPEL GREELEY FOURSQUARE CHURCH 803 TENTH AVE_ GREELEY, CO 80644 FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO BE OWNED AND USED SOLELY AND EXCLUSIVELY FOR RELIGIOUS WORSHIP. DESCRIPTION OF PROPERTY: GR 4940 L1 TO 6 BLK 55_ PERSONAL PROPERTY IS INCLUDED THE ADMINISTRATOR, HAVING REVIEWED THE APPLICATION AS PROVIDED IN 1973 COLORADO REVISED STATUTES, TITLE 39, ARTICLE 2, SECTION -117, HAS DETERMINED THAT SUCH EXEMPTION Ia JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE LAW, AND'EXEMPTION HEREBY:GRANTED AND GRANTED IN PART AS FOLLOWS: EFFECTIVE. JANUARY 1, 1986, EXEMPTION IS GRANTED TO THE PERSONAL PROPERTY ONLY AND DENIED TO THE ,REAL PROPERTY. -EFFECTIVE NOVEMBER 5, 1986, EXEMPTION IS GRANTED IN FULL TO THE REAL -AND -PERSONAL PROPERTY -AS DESCRIBED ABOVE. DATED, AT DENVER,-COLORADO'THIS 19th OAY OF -May /j , 19 87 MARY ANNEMAURER PROPE (SEE ATTACHED FOR AP• RI"GHTS); (COPIES 10 OWNER, ASSESSOR, TREASURER BOARD OF COUNTY COMMISSI 15 -OPT -EX FORM 905 DETERMINATION STATE OF COLORADO DIVISION OF PROPERTYTAXATION DEPARTMENT OF LOCAL'AFFAIRS" `623 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 52987 TELEPHONE (303) 866-2371 APPLICATION N0. 86-187 FILE NO:: 62-01-4I9 COUNTY.: wau. PARCEL NO_ 0961=05-2-04-015"& 016 IN THE MATTER OF THE APPLICATION OF _ ' GOOD SHEPHERD APOSTOLIC CHURCH OF JESUS CHRIST 925 B. ST. GREELEY, CO 80631 FOR EXEMPTION FROM; GENERAL" TAXATION OF PROPERTY ,;CLAIMED :TO.BE OWNED .AND 'USED SOLELY AND EXCLUSIVELY -FOR' RELIGIOUS WORSHIP. DESCRIPTION OF PROPERTY:,. . ALL LOTS 34 & 35, BLOCK 32, CLAYTON PARK,, A SUB THE CITY OF GREELEY_ THE ADMINISTRATOR, HAVING' REVIEWED THE APPLICATION AS PROVIDED IN 1973 COLORADO REVISED STATUTES, TITLE .39, -ARTICLE 2 SECTION 117, HAS DETERMINED THAT SUCH EXEMPTION IS IN PART JUSTIFIED -AND "IN ACCORDANCE WITH THE "INTENT 'Or THE LAW,. AND EXEMPTION IS. HEREBY GRANTED IN PART*, THE SAME TO BE EFFECTIVE JANUARY 1, 1986- *EXEMPTION IS. GRANTED TO LOT 34,- AND 'TH W"5 FT LOT 35,- BLOCK _32, CLAYTON PARK, AND DENIED TO THE REMAINDER AS NOT :: USED AS AN 'INTEGRAL PART OF A CHURCH.. " DATED AT DENVER, COLORADO THIS -2nd DAY OF JUne 19 87 _ J LQ MARY ANNE`MAURER' . PROPERTY TAX ADMINISTRATOR (SEE ATTACHED FOR APPEAL,:<RaIGHTS) r: a"(COPIES:,TO OWNER, ASSESSOR„ :TREASURER AND'AflRNDC .SSipmeitS� NOTICE -OF RANTS AND RESPONSIBILITIES - RIGHT 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 located, or by any owner of taxable property in such county, or by the ownerofthe property for which exemption is claimed if exemption has been denied or revoked in full or in part. Any such appeal shall be taken -to the :Board of Assessment Appeals, and shall be taken no rater than thirty days following, • the decision of the Property Tax Administrator." Forms and instructions for making such appeal may be obtained from the Board of Assessment Appeals, Department of Local Affairs,..420 State Centennial.. Building, 1313`Sherman.Street; Deriver, CO 80203. Telephone 1303).865-5880.. RESPONSIBILITIES OF THE EXEMPT PROPERTY OWNER Owners of property granted exemption by this office must do the following to maintain their property's exemption from taxation: Notify this office within thirty days of any change of mailing address, or status or usage of the exempted property land has been sold and/or vacated, and is• no longer used). Property -transferred by deed will be returned to the tax rolls by the county assessor_ Each year fallowing the year in which exemption is granted, owners of such exempt property must file an -annual Exempt -Property Report on or before April 15. These reports are supplied by the Division of Property Taxation early each year. The Division of Property Taxation takes no responsibility for reports not filed in a timely manner for any reason. It is the responsibility of the exempt property owner to see that these reports are received; completed and returned -to the Division of Property Taxation annually:by 15; -and with the appropriate filing fees. Contact this office if your reports are not received in time for completion by the. April 15 deadline each year.: On all future correspondence regarding.Chis property, the owner should refer to the file number shown on the attached determination. 15 -OPT -EX FORM 906 NOTICE OF REVOCATION OF EXEMPTION IN THE SATTER'OF: COLORADO CONFERENCE PENTECOSTAL HOLINESS CHURCH P.O. BOX 1382 ENGLEWOOD, CO80150 STATE OF COLORADO ,DIVISION_ OF. _PROPERTY, TAXATION DEPARTMENT OF LOCAL AFFAIRS 623 STATE CENTENNIAL BUILDING DENVER, _CO__80203 6187 TELEPHONE (303) 866-2371 NOTICE., NO. _ 87-22 FILE NO. • 62-01=241 COUNTY WELD PARCEL NO.= 146718326001 --'' CONCERNING THE EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY_`'' LOTS .17 & 18, .BLOCK 2, :ERIE. A REVIEW .OF THIS PROPERTY PURSUANT T0'1972 COLORAOD'-REVISED STATUTES; TITLE "39, ARTICLE 2, SECTION 117'(3) HAS REVEALED THAT "THE:DESCRIBED' PROPERTY DOES NOT QUALIFY FOR CONTINUED EXEMPTION FROM GENERAL TAXATION. THE LISTED OWNER AND THE ASSESSOR, .TREASURER AND BOARD OF COUNTY COMMISSIONERS -OF THE NAMED COUNTY -ARE HEREBY "NOTIFIED , THAT SUCH PROPERTY MUST BE PLACED ON THE'ASSESSMENT ROLL -AS EFFECTIVE 'JUNE 1, 1986. PROPERTY IS NOT BEING USED. DATED AT DENVER; COLORADO THIS 3rd OAY,0F June' ,"I9 87 f MARY NE MAUgER I- ROPERTY'TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) COPIES TO OWNER, ASSESSOR,_: MEASURER AN IO,NERC .c NOTICE 9F'RIGNTS'AND RESPONSIBILITIES RIGHT 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 located, or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption has been denied or revoked in full 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 Tax Administrator." Forms and instructions for making such, appeal may be obtained from the Board of Assessment;Appeals,-Department of Local .Affairs, 420 State -Centennial - Building, 1311 Sherman`Street, Denver, CO 80203. Telephone (303) 866-5380_ RESPONSIBILITIES OF THE EXEMPT PROPERTY OWNER Owners of property granted exemption by this office must do the following to maintain their_property's exemption from taxation: Notify this office within thirty days of any -change -of- mailing address, or_status_or usage of the exempted property (i".e., land has-been sold and/or vacated and is no 'anger used)_ Property -transferred by deed will be returned to the -tax rolls by the county assessor. II. Each year following the year in which exemption is -granted, owners of such exempt property must file an annual Exempt Property - Report on or beforeApril15. -These reports are supplied by the Division of Property Taxation early each year. The Oivision of Property Taxation takes no responsibility for reports not filed in a timely manner for any reason. It is the responsibility of the exempt property owner to see that these reports are received, completed and returned to the Division of Property Taxation annually by April.15„ and with the appropriate filing fees_ Contactthis office ifyour reports are not received in time for completion by -the April 15 deadline each year. On al l future correspondence,regarding.'.this_ property,. the owner; should .refer to the .file number shown on this determination: FORM 906 VOTICE OF REVOCATION OF EXEMPTION IN THE MATTER OF: CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS 50 E NORTH TEMPLE SALT LAKE CITY, UT 84150 STATE OF COLORADO DIVISION OF PROPERTY TAXATION DEPARTMENT OF -LOCAL AFFAIRS 623 STATE CENTENNIAL BUILDING DENVER'; CO 80203' NOTICE NO. 87-23' FILE N0. 62.01-34I COUNTY WEE Q PARCEL NO 010619000048 CONCERNING THE EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY': 6187 TELEPHONE 15-DPT-EX (303) 866-2371 PT NE 1/4 SEC 19-4-68, BEG AT ;NE COR_NE 1/4 S 208.5 FT, E.208.5 FT TO BEG CONT 1.0 A. A/K/A 20975: W. HWY 56, BERTHOUD A REVIEW OF THIS PROPERTY PURSUANT T0.1972 COLORADO REVISED STATUTES, TITLE 39, ARTICLE 2, SECTION 1,1,7"(3) HAS REVEALED THAT."THE DESCRIBED PROPERTY GOES NOT_WALIFY FOR CONTINUED EXEMPTION FROM GENERAL"TAXATION. THE iISTED'OWNER'AND'THE"ASSESSOR, TREASURER AND.BOARD OF COUNTY COMMISSIONERS.OF:THE..NAMED-COUNTY ARE.HEREBY.NOTIFIED THAT SUCH PROPERTY MUST BE PLACED ON THE ASSESSMENT ROLL'AS TAXABLE -EFFECTIVE NOVEMBER'15, 1486_ PROPERTY IS NOT BEING USED AND, .IS UP FOR SALE. DATED AT DENVER, COLORADO THIS 3rd DAY 4F v Lin 1��, C l / MARY ANNEEMAURER - PROPERTY.TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) COPIES TO OWNER, ASSESSOR, TREASURER AND ZEi' F E leNEgs- NOTICE OF RIGHTS AND RESPONSIBILITIES RIGHT 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 located, or by any owner of taxable property in such county, or by the owner: of the property for which exemption is claimed if exemption has been denied or revoked in: full 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 Tax Administrator." forms and instructions for-making"such appeal may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 420 State Centennial Building, 1313 Sherman Street, Denver, CO 80203. Telephone (303) 866-5880. RESPONSIBILITIES OF -THE EXEMPT PROPERTY OWNER Owners of property -granted exemption by -this office must -do the following to maintain their property's exemption from taxation: I. Notify this office within thirty days of any change of mailing address, or status or usage of the exempted property land has- been sold and/or vacated and is no longer used)_ Property ;transferreerby deed will.be.returned to the tax. rolls by the county assessor. II. Each year following.the year in which exemption is granted, owners of such exempt property must"file an annual Exempt Property Report on or before April 15. These reports are supplied by the Division of Property Taxation early each year. The Division of Property Taxation takes no responsibility for reports not filed in a timely manner for any reason. It is the responsibility of the exempt property owner to see that these reports are received, completed and returned to the Division of Property Taxation annually by April 15, and with the appropriate filing fees. Contact this office if your reports are not received in time for completion by the April 15_ -deadline each year. ;On all future correspondence regarding this,property, the owner should refer to the file number shown on this determination_ 15-DPT-EX FORM 906 NOTICE OF REVOCATION`: OF EXEMPTION IN THE MATTER 0F: CHURCH OF JESUS CHRIST:OF _ LATTER-DAY SAINTS BOULDER STAKE 'RE: `508-7732 50 E. NORTH TEMPLE SALT LAKE CITY, UT. 84150 STATE OF COLORADO DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 623 STATE CENTENNIAL BUILDING DENVER, -00 80203 NOTICE NO_ 87-24:, . FILE NO. 62-01-342 COUNTY_ WELD PARCEL NO 120724000013 CONCERNING THE EXEMPTION FROM GENERAL TAXATION -OF THE FOLLOWING PROPERTY: 6187 TELEPHONE (303) 866-2371 SE 1/4 SEC '24.3N 68W, ESC THAT"POR DEED BK 602, REC r1523516 & EXC ROW AS CONVYD BY DEED REC BK ;1492 P 620; TOG,W 40% ALL MINERAL GAS & OIL RIGHTS, WHI'INC 40% EXISTING LANDLORD ROYALTIES, &<EXC.LEASED AREA.,_OF_APPROX 2 AC "& IMPROVEMENTS' THEREON: A REVIEW OF THIS PROPERTY PURSUANT TO 1972 COLORADO REVISED"STATUTES,-TITLE 39, ARTICLE 2, SECTION 117 (3) HAS REVEALED THAT THE DESCRIBED PROPERTY DOES NOT_QUALIFY FOR CONTINUED EXEMPTION FROM GENERAL TAXATION-",THE'LISTED<OWNER'AND THE`'ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS OF THE NAMED ,COUNTY.ARE.HEREBY NCTIFIED-THAT SUCK PROPERTY -MUST BE PLACED ON THE ASSESSMENT ROLL AS TAXABLE EFFECTIVE DECEMBER 1, 1986: PROPERTY IS-6EING„LEASED. DATED AT:DENVER,'COLORADO THIS 3rd DAY OF June , 19 _87 MARY "ANNE :MAURER PROPERTY TAX` ADMINISTRATOR JSEE_RECERSE-FOR_APPEAL RIGHTS) COPIES TO OWNER, ASSESSOR, TREASURER ANDS; -DIF: , +4r;[.% RS NOTICE -Of RIGHTS AND RESPONSIBILITIES RIGHT 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 located, or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption has been denied or revoked in full 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 Tax Administrator"_" Forms and instructions for making such appeal may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 420 State Centennial Bciiding, 1313 Sherman Street, Denver, CO 80203. Telephone (303) 866-5880. RESPONSIBILITIES'OF THE EXEMPT PROPERTY OWNER Owners of prcperty granted exemption by this office must do the following to' maintain their property's exemption from taxation: I. Notify this office within thirty daYs of any, change of mailing' address, or:status or usage of the exempted property' (iee.,,land'has been..sold and/Or'Vacated and is-na longer used). Property transferred by deed will -be returned -to the tax rollsby the county assessor. II_ Each year following the year. in which exemption is granted, owners of such exempt property must file an annual Exempt Property _Report on or before April 15. These reports are supplied by the Division of Property Taxation early each year. The Division of -Property Taxation takes no responsibility for reports not filed in a,timely manner for any reason. It is the responsibility of the exempt property owner to see that these reports are received, 'completed and returned to the Division of Property Taxation annually:by April 15, and with the appropriate filing fees. Contact this office if your -reports are not -received -in compietion by the April 15deadline each year. On ail' futurecorrespondence regarding this property, the owner should refer to the file number shown on this determination. MIT Mir nem mt. . Thomas C:.David s � n I ! County -Attorney; Weld County; Colorado ,�' 9-00(,,,; . P. O. Box 1948 --- --mil Greeley, CO _80632. -hoard'sof �-Coutity `Commissioners Of Weld County,, Colorado: tit's. Jackie Johnson, Mr. Gene Brantner, Mr _Gordon'Lacy, Mr. Bill Kirby and lira Frank Yamaguchi' P. O. Box 758 Greeley, CO 80632" :Please take notice that the claimants, Bobby;J. Akers and Betty A. Akers, by and through their attorneys, Flanders, Wood, Sonnesyn & Steinkamp, hereby give notice of their claim, pursuant to Section Z4 -1O-109; 10`C.R.S.-(19731, as follows; 1. "The claimants' names -are Bobby J. Akers end"Betty_A. Akers: Their -address is--2509-Lanyon Drive, Longmont, Colorado 2._ The name af.the attorneys -for the claimants is-. Flanders, -Wood, Sonnesyri & eteinkampr The -attorneys' address is 401 Main -Street, Longmont, Colorado °80501,.,(303) 776-5380, Metror..440-0638. 3. The factual basis for the claim is as follows: On January 21st, 1987, at approximately 1:15 P.M., claimant Bobby J. Akers was driving his 1974 Delta 88 Oldsmobile with his grandson, Ryan Eberhardt, northbound on Weld County Road 13. At the same time, -E. John O'Donoghue was driving his automobile eastbound on Weld County Road 34 through the intersection of County Road 34 and County Road 13. Just as the claimant Bobby J. Akers arrived at this same intersection, Mr. O'Donoghue rammed claimant.Bobby'J.=Akers`` automobile broadside. As a result of the impact; -claimant -Bobby J Akers automobile crashed sideways into a guardrail on the east side of County Road 13, just to the north of -where County Road 34 intersects. The claimant Bobby J. Akers had the right of way since County Road 13 was protected by a stop sign at this intersection. This guardrail, due to its shape, protruded in a manner which caused it to spear through the passenger door of the claimant's automobile and into the passenger compartment where it crushed and cut through Bobby J. Akers legs_ It is not clear when this gaurdrail was installed; but, apparently,.it hadbeen in piece fora substantial period of time, perhaps even several years. The acts and omissions complained of include Weld County's apparent negligence in the use, design, installation, mn,„ ��. d.. 13d o rg maintenance and signage of this guardrail on Weld County Highway 13 which claimant's automobile crashed into on January 21st, 1987, after being rammed by E. John O'Donog}zue's.. automobile. The claimants believe that the guardrail was a dangerous condition, designed, installed, used, signed and maintained in violation of the rules, regulations and -standards applicable to highway design, construction and maintenance, and resented en-unreasonable.risk,:mf-denger, tu: motorista_,tr-avelling on County"Road 13 Therefore, Weld_pounty: is:claimed.to be a potential co-tortfeasor.. 4. The name and address of the public employee -involved is not known. It is believed, however, that this public employee was an employee of the County of Weld. See also, the attached Notice of Co-Tortfeasor Involvement -which Mr. E John:OrDonoghue recently served upon the claimants' .counsel. 5. The nature and extent of the injuries claimed to have been suffered as a result of this collision include extensive orthopedic, nerve, vascular .and muscular injuries to both of Bobby J. Akers' legs. As.a result of -these injuries, one .of claimant Bobby J. Akers' legs was amputated and the other is permanently damaged and disfigured and may also require amputation. This injury -has resulted in_permanent disfigurement, 16$s.Of past and..future income,- permanent loss ofearning:-.. capacity, past and future pain -and suffering, medical and re abilitation expenses:, mental anguish and a loss.of.consortium on the part of Mks. ,Betty A. Akers. Claimants' damages will exceed $1,000,000.00, and therefore,;theyare requesting at least that ,sum as"total`damages. FLANDE,WOOD, SONNESYN & STEINKAMP es R.-Christoph;: eg;::No. 12207 f�401 Main St._, Longmont, ;CO 80501 :775-5380, Metro:::629-0530 «.Attorneys for -Claimants; c ;II 7 U Utif DISTRICT COURT, COUNTY OF BOULDER, STATE OF COLORADO Case No. NOTICE: OF CO-TORTFEASOR INVOLVEMENT :.BEI B3C:• .e niGFBS and BETTY A. AK'ERS, Plaintiffs, E. JOHN O'DONOGHUE'and PUBLIC SERVICE COMPANY OF COLORADO, a, Colorado corporation,: Defendants. COMES: NOW the Defendant E. John O'Donoghue, by and • :through -counsel HALL 6,EVANS, and notifies the Plaintiffs' as"follows: 1. Plaintiffs' Complaint appears to have been -filed April 17, 1987. 2. Defendant, within 90 days of filing the Complaint by the Plaintiffs, hereby notifies Plaintiffs of potential co-tortfeasors pursuant to C.R.S. S 13-21-111.5. 3. Defendant notifies Plaintiffs of the apparent negligence of the County of weld, State of Colorado in the maintenance, use, design, and signage of County Highway 34 at the point of the ;accident involved in this case, speci- fically the design 'and maintenance of the guardrail into which Plaintiffs' vehicle crashed on January 21., 1987. 4. The guardrail was ar.dangerous condition, designed, installed and maintained in violation of the rules and regu- lations appiicable'to hghway'8esign'and ,construction and presented an unreasonable r5.sk'"_of"danger to motorists travelling on County Road 34. R P ctfully,submitted, DUNCAN W. CAMERON,; 116 of ,. HAIL . S. EVANS 1.200 'Seventeenth Street Suite 1700 Denver, Colorado 80202-5817 Telephone: (303) 628-3300 CERTIFICATE OP MAILING I HEREBY CERTIFY that 1 have this 9 S day,;of June, 1987, placed a'true and correct copyof the foregoing' NOTICE OF'CO-TORTFEASOR INVOLVEMENT, by depositing same, in the United States mails, postage prepaid, correctly addressed to the following: Bill Duffy, Esq- Kelly, Stanfield b O'Donnell 550 - 15th .Street/Suite 900 Denver,, Colorado 80202 James R. Christoph, Esq. Flanders, Wood, Sonnesyn 8 Steinkamp 401 Main Street" Longmont; Colored •] 0SQ1 .2 = L _ 5 EVAN& PfF72 retire �.y.,.5 S1..91"1M/1/2Ft Y Q Cn NORTHERN COLORADO YATER'CONSERVANCi DISTRICT CARRY OVER gATER'DELIVERY REPORT -= MONTH OF RAY 1937 ` JNi5 ' GR£441: Coto. - FEATURE 8ALANCE TRANSFERSDELIVERIES ......... BALANCE 4-30-87. DUOTA "`DEBIT ----CREDIT PREVIOUS 11AY- TOTAL _--5-31=8 .. POUDRE PIHER HANSEN SUPPLY CAN DIXON FEEDER 'CANAL TOTAL `NORSETOOTN RESERVOIR 20;957.4 0.0 : 13.6 13.0 4:105.8 4:976.4 9.082.2 15:981.5 :10101 AIME FLATIRON 737.4 0.6 0.6 4.6 39.5 25.9 65.4 711.5 -810 THOMPSON RIVER 5.990.4 0.0 405.4 ' 0.0 16.614.3 2:354.0 18.963.8' "3:231.4 .LOVER PLATTE RIVER 4.393.8 0.0 0.6 0:0 7.958.4 265.2 6.243:6 1 ISSA `NANSER'.FEEDER CAR 598.4 0.0 0.0 405.0 339.7 812.5 1.152.2 191:9 TOTfA. NAHSEH F£EDER'o11NAL 7.982.6 0:0 405.4 405.0 24:912.9 3.451.7 28.34.6 -4.530.9 11:222.5 0.0 0.0 13.6 2.166:2 1.522.6 -5.682.2 7.713.5 31.4.5 0.6 13.0 0.0 a.0 11.6. ":11.6 ?94.9 8.915.9 0.6 4.6 0.4 . 1:945.6 1:442.5' 3:388,4 7.473.1 LITTLE INORP50I'R1 ST VRAIN SUP CANAL ST RAIN RIV'ER`, . 80UCDER FEEDER CAN 1=1:DER CR SUP CAN BOULDER CREEK TDTAI CARTER LAKE' . 2.640.6 - 0.0 0.0 0.0 0.0 744.8 749.8' 1.890.2 2.830.0 a.4 0.0 4.4 789.7 382.7 1.172.4 2.447.3 4.648.9 0.0 4.6 0.6 128.6 0.1 928.6 4.640.9 3.560.7 a.0 0.0 227.9 .437.3 227.9 665.2 3.160,.7 398.6 0.6 8.0 ad' ' 27.5 184.6 212.-1 213:8' 8.388.0 0.0 227.9 a.8 8.Q 0.4 0.0 8:!69.1 22.466.2 4.4 227.9 ` 227.9 2.183.1 1.545.2 3.728.3 21:921.8 " •LLELSL22E=====.C"___-------JER3=L_--__-_-_-_--_--EEEEEEE=-LTLLS_-==Z- TOTAL - DUOTA ;LATER 52.144.1 1.0 645.9 645.9 31.241.3 9.994.2 41.244.5 42.144.9 TOTAL - REPI PATER 6.0 0.0 0.4 0.8 1.6 6.0 0.0 8.1 g cz¢tZtaCLLL L EE L E E L L iii i 1 CSL- -- ^^-LEEELLCLLLLCLa2aLL ==LCL-- C��--- iEL -TOTAL COI PATER PREVIOUS COQ ISSUED COV ISSUED Y -S-0 52.144.1 co 645:9 645.9 31.241.3- ` 9.999.2 41.244.5 42.144.9 83.385.4 EE===_-SSL 83.385.4: mtl to -/7-S? DI103,4HD . -DELIVERY POINT . NORTHERN COLORADO WATER CONSEROANCY DISTRICT CARRY OVER WATER DELIVER; PEPORT; — HOHTH of HAY 1437 --- • . BALANCE. TRANSFERS: DELIDERRIES ..... BALANCE 430-87: PUBIA DEBIT CREDIT PREVIOUS NAP TOTAL 5-31-87 Arthur .. .. _ 3,..7 _ 35.7 Box Elder . 35.8 35.0 Graves/PULL to 13.1 " 26.2 13.4 39,2 0.6 ureat-llestern Solar Co 226.e 226.8 Jackson .. 21.7 21:7 " Lake: Canal ;- `558, 3 558.0 .. - .558.0 . 4.3 tariter B Weld 57'5.2 1.828.6 575.6 2.463.0 1.2 twiner County 12 .. 601.8 611.8 Lt1 Cache la -Rotor, = 116,9 116.4 New Cache tordudre 1.583.1 686A 600.0 583.1 Hew;Nmer 742.6 -742.6' North Foudre• 50.8 50.0 50.8 e.f Pat 6rIffin Co _ = 22.4 224 Pleasant.Nal.8 take 0.1 "306.8 306.8 0.1 Slater ;Sup ft Stor6.652.9 1.726.8 1,726.0 - 4.926.9 TOTAL POUNCE RIVER .. 1,1,222.5 8.6 8.5 13.6 2.160.2 3:522.1 5.682.2. 7,713.5 Brewster D N eastiun Kodak ;Co erive'i/POLS8 id &reeiw. City of 11AHSEN:StIPPL7 -CAN 29.7 11,4 11.6 18.1 657.6 . 157.8 131.3 13.8 - 118.5 6,5 1.5 819.5 0.6 -;13.1 6.6 :6.6 11.6 11.e 794.9 CtN " _ tiA9 1987 ;+ITCH AHD ' ; BAL#3CE ' '.. TRANSFERS DELIVERIES DANCE DRIVEN" POINT - '4-30-87 ' -YOUOTA DEBIT 'CREDIT PREVIOUS NM TOTAL 541-87 ---- - --- ------ -- -- - - --- -- -- _ D Xon 'Reservoir Co. 15.5 .. 15:5 Ft, Coll ins. Cite of 3.845.3 1.221.7 870.0 2.49L7 2.375.8 Ft Col tins-LmVriand VD- ' 1.198.5 - 1,198;5 La, Sal ie. Torn -of 26.6 -26:6 Maiwll S G 7.9 - ` 7,9, Miller Trust 8 -Hiller 10.5 3.0 8.6 11.0 - 2,5 Fierce loin of.:, . 50.4 51,0 ' yoi4ier 2anvoa,Filter Plant 2:440.6 .705.4 552.2 1.257.6 2:388.4 State Board_of"Aoric ' '574.5 r 15.5 12.6 " 28.1 561:9 Vest Ft Collins AD 246.8 248.4 TOTAL - DIXON FEEDER CANAL 2,915.9 4.0 0,0 0.3 1.945.6 1.442.8 3.333.4 '7:473:1 TOTAL 718R3ET0OIll RESERVOIR 20.957.9 4.0 13.4 13.0 4.105.8 4.976.4 9.082.2 15:981.5 Bileikauntarn,Y ter Assn . a.E B.I , 4.1 q.24, f' CriitaT Yatir`yoaoarn " ,`18•.7 ' '3.2 3.7 ' 11.9 184:0 Estes Park.,Torn of - 288.4 26.6 14.9 41.5. ,`273.5 Wes Valley Rec 8 Park - " 41,1 2.4 5.8 3.2 ` 35.3. 6oi tkero R E . 42.6 ' ` 42L0 Nerlett Packar4`Coaflmv 107.1 _"I07.1 HireTl-YarrmdCllater Assn _ S.i � " 4.6 0.e 1.2 S.l PariE.$chool D{st R 3 21,0 . :21.9 Prospect Mta'Viitr Co. Trtc 6.6 "1.6 0.& 2.4 5.2 Thunder Mountain Pater 17.5 17.5 Radii& Reunites Inc 2.1 2:1 ' 1'MCA of the Rockies .14.0 '14.11 - TOTAL MOVE FLATIRON` "737.4 0.0 4.0 4.0 39.5 25.4 ' `n5.4 ^ 711:5 HaS.1987 DITCH; 480 BALANCE .... TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30.87 :.-:.888TA DEBIT - CREDIT PREVIOUS 11A9 TOTAL 5-31-17 --- - - --- -- --- --------- - ------ --------------- ------- ------ Berthoud. Town of 368.5 368.5 dig 7!B Platte. S.i 0:1 Big,I`Dttch 8 hfo 53.0 62.4 52.8 8.2 Estes'Park`Realty Venture 7.0 7.4 Famers 380.1 380.2 380.2 "4.1 Oeorge Rost. 12.6 12;5 &nett,. City of 11.461.2 11.461.2 1.8 uretlev-Lovelsod 2:882.8 2.882.0 d./ Mande " 1.548.2 -959.6 594:4 1.558.6 .'937.8 Alin Brush— "'18.9 18.8 "18.8 _ "8.1 Hillsboro . _ 183.6 183.E 183-6 4.4 Hou_3Vooly 1,.601.1 , $82.8 918.2 1.800.2 -.< 682:9 .Louden... 717.5_ - . _ _ 430.4 - ..'288.0- - ' 630.0 517.9 Loveland. City of. 1-043.3 405.0 638.3 Vindcliff Rater Assn Inc 45.5 45.5 TOTAL - 816;THONPSON RIVER 5.990.4 8.6 405.0 0.0 -16.614.8 2.354.& " 18.168.8 33.231.4 Central C010 ID 1.2285.1 960.0 235.2 1,245.8 993:9 Loiitr Lathaa 108.5 104.5 Public Service Co of Colo 6.997.8 6.597.8 0.4 Riverside 8G5f 0.< 1.2 TOTAL - LOVER PLATTE RIVER 1.393.6 0.0 0.4 D.& ' 7.958.4 285.2 8.243.6 1.148.6 duckhern Mater Users 516.3 28.9 443.1 .432.8 412.4 8u0eros 4.4 4.L Loveland. City of 465.8 _ 304.4. _.405.4 789.4 3./ _..-_. Spring Canven-,Mater Assn 56.5 6.8 5.6 10.4 52.9 i'eiek B H (Cottonwood) 21.8 21.8 TOTAL - - --- — HANSEN FEEDER CAR 598.4 8.0 0.0 405.8 339.7 312.5 1.152.2 190.9 TOTAL -- ----- HAHSEN FEEDER CANAL 7.982.6 0.0 405.0 403.0 24.312.9 3.451.7 28.364.0 4.530.5 co; 4 MP 1987 DITCH AND BALANCE .. TRANSFERS .. ... DEI.WERIES 841;IICE' DELIVERY POINT 4 -3A -PO `'QUOTA DEBIT CREDIT PREvIONS NAY TOTAL J-31-87 Hlorer 67.5 67:3 Boulder 1 Lanier 318.9 318:8 Culoar 156.9 166.4 Eagle 86.4 70.0 78.9 16.4 Hiner 6 London 58.5 58:5 Ner Ish -1.745.1 679.3 679.8 1.865.3 Rockwell 197.5 147.8 . TOTAL LITTLE THOMPSON RI 2.640.0 6.6 0.0 0.0 0.6 749.9 749.8. 1:891.2 Bromrood/ReeE/Adaes/Naliett 16.9 16.9 Callihan T t 7.7 "' 7.7 Cathay C N 3.5 3.5 Central 11e1d Co VP 10.9 11;8 Edds'0 C: 7.0 7.0 Evans. City of 28.6 28.9 fellows C C , 6.8 6.6 Firestone. Tom of 196.8 191.8 Ideal Basic 'Ind "(Loukenon) 2.8 2.3 knew. Torn of 92.6 Ii . Lauchli N A 3.3 0.1 0.1 3.3 Lonpaont. Cltv`of 324.6 324.4 1.8 CM Thompson YD (Inc N Canter) 2.104.3 462.1 382.3 344.4 1.722.6 Parrish ,1 314 31 fi Platteville Torn of 78.4 78.4 Polowchak U N ,. __. 8.6 _ 2.5 6.3 2.9.. "8:3 otieg R - walladher L 2.8 LS Supplv 209.6 209.6 Meese/Orostclose 7.0 0.1 0.1 0.2 ii.9 Vilson O S - 18.9 " 18.9 TOTAL - _ ST_'URA1N SUP CANAL 2.830.0 6.6 0.6 6.6 789.7 382.7 1.172.4 2.447.3 COU - 5 - NAY 4987 DITCH AND BALANCE TRANSFERS ..... .......... DELIVERIES NLANCE DELIVERY POINT 4-30.-87 OUBTA DEBIT ; CREDIT -PREVIOUS NAY TOTAL 5-31-87 Chaperon -Mc Caslin Clough Private Clavier Basin' Davis 8 Dornoa Denis i Tavlor Nimht and James Lamont. Supply. Lonpwnt. Cjty of Ions:Tom of Nirot 8lioarchv Palserton Peck Public Service'Co:of Colo Rauch 8 Ready South Ledoe rout 3T URAIN RIVER Boulder. Cit4 of - 227.5 437.3 227.9 665.2 0.4 Colorado Cement Enterprises' 38.5 38.5 Lefthano Ditch Co. 3.403.2 3.403.2 Star 119.0 119:0 TOTAL- ------ -- ---------- --------------------- --------------- __ BOULDER FEEDER CAN 3.560.7 0.0 0.0 227.9 437.3 227.9 - 665.2 3.568.7 17.5 1.4' 28.0 103.4 38.6 3.208.8 _ 196.1 38.5 0.1 219.1 35.0 495.9 25.9 154.4 0.1 0.1 50.0 229.5 17:5 1.4 28.4 183.1 38.6 3.208.8 181. I 35.8 485..4 25.9 154.4 0.1 4.3 SI. B 229.6 4.548.9' 8.8 0.8 0.0 928.6 0.4 928.6 4.548.9 Bouldtr i Lefthend 238.2 174.6 174.0 64.2 8oulder.4 8hiterocx 31.8 31.0 Boulder_Couotrv_Club._..._.:. 188.5 _ 27.5 10.8 38.5 89.7 Ditgonsl YateT-0 5anit,Dist' 6 8 . 8.8 Stontoatt Associates 20.9 21.1 TOTAL -- -- --- -------- MULDER CR SUP CAN 390.6 0.8 6.6 A.O 27.5 184.8 212.3 213.8 COU - 6 - NAY 1987 DITCH AND DELIVERY POINT BALANCE. TRANSFERS DELIVERIES BALANCE 4-30-07 QUOTA DEBIT CREDIT PREVIOUS NAY TOTAL 5-31-37: Boulder 4 veld . 258.2 Boulder. City of 3:576.8 s Coal Ridge 140.0 Dailey 6 Plumb 35.0 Loner Boulder154.6 North Bldr Farmers 26.2 Platte Valley Irrigation Co 4.089.0 Silver lake 68.2 TOTAL BOULDER CREEK 8.388.0 6.0 227.9 0.0 4.0 8.0 0.0 B.i68.1 TOTAL ------- CARTER LAKE 22.466.2 0.0 227.9 227.9 2.183.1 1.545.2 3:728.3 20.921.0 Yz3anY,=335222222a33_-.�sz_-a23az_z--------- 322a 3-3-S. = x__m_axq=-..-Y--_2r_2s TOTAL - AUOTA WATER 52.144.1 0.0 645.9 645.9 31.241.3 9.999.2 41.240.5 42.144.9 PREVIOUS QUOTA CERT. 83.385.4 QUOTA CERT. 7-T-6 227:9 254.1 3.348.9 144.0 35.0 194.5 26.2 4.184.0 68.2 TOTAL - REPL WATER PRFUIOUS REPL ISSUED` REPL ISSUED V7T-D 833.385.4 REPLACEMENT WATER SF= Z'62CCZCi6i3===fl3r2Z2=7C2=Ipm C5-..____—__Z—ZZZZZSiZZ=============c;z1= 0.0 0.0 0.0 0.0 0.0 0.1 - 0.8 1.0 _ 0A EY Y 3s 0.0 tSf----- =CZ=ZCZCY4gaz3 ZCZZiliZCCiC Clams i R.ra ZCSCYCS--3_YtracznyFCSZL==== ZCt_ES TOTAL C0V WATER:; 2.444.1 0.4 643.9 645.9 31,241.33 9.999.2 41:244.5 42.144.S PREVIOUS COU.ISSUED , 21-21/141114147= 83.385.4 COV'ISSUED-H-D 81:385.4 E:1_11•'11•1.4F! 1•'11'•6 e4 F= 1' NORTNERN COLOR,ADO`OATEB CONSERVANCY DISTRICT NON-CNABfE eATER-DELTVERY"PEPORT =? IIONTN-BF NAY 1937 FEATURE BALANCE : TRANSFERS DELIVERIES 4-38-87- QUOTA DEBIT CREDIT PREUIDOS KAY TOTAL 88L11NCE `a-31-87: PBUURE RIVER:. 0.0 8.0 4.6 0.0 0.6 18.105.2 18.165.2 ' 9.9 AMEN SUPPLY CAN" ;A 0.0 d.4 d.0 0.0 432.3 432.3 " d.0 DIXON FEEDER CANAL 0.0 8.0 9.6 6.9 0.0 878.8 878,8 0.0 TOTAL NORSET00TN RESERVOIR 0.6 0.0 0.6 0.4 0.6 19,416.3 19,426.5 0.0 TOTAL . ABOVE FLATIRON B.0 0.0 0.6 0.0 0.6 27-b 27.8 ` 4.0 BI0 THONPSON-RIVER 0.0 4.4 0.0 0.0 0.0 8.800.0 6.000.8 4.8 LOVER.PLATTE RIVER 0.0 8.0 0.9 0.0 0.6 6.0 8-6 0.9 ;01NSEN FEEDER CAN 4.0 0.0 d.9 d.8 0.0 297.4 297.4 d.0 TOTAL NANSEN FEEDER CANAL d.0 CD 0.0 0.9 4.4 6.297.4 6.297.4 0.0 LITTLE THDNPSON RI 0.6 0.6 6.6 0.0 4.4 0.6 0.0 0,0 ST VRAIN SUP. CANAL d.0 0.0 4.0 0.0 d.0 424.7 424.7 1.1 ST.VRAI34 RIVER 0.6 0.6 4.6 0.6 0.6 0.6' 0.8 ILO BOULDER FEEDER CAN 0.0 d.A O.0 co d.0 89.1 39.1 4.0. BOULDER CR SIJECAN D.0 0.6 4.6 0.0 0.6 56.5 56.5 0.0 BOULDER CREEK 4.4 0.0 0.0 -0.0 0.0 8.0 4.10 0.8 TOTAL -8110Th PATER 0.6 0.4 0.6 0.0 4.6 26.311.8 26.311.8 0.0 ======at Y i4 S S C atccz44:zFz C TOTAL NCN WATER 9.6 0.6 0.6 0.6 A.b 26.311.8 26.311.6' 0 0- -PREVIOUS NDI TSSUED d:0 r==. -a tE 4C8,ISSVED Y -T -D 0,8 iiORTHERH COLORADO RATER CORSEP.VAHCV DISTRICT HD11-CHARGE WATER DELIVER? REPORT -- NONTH OF NAY NS] I+ISLAilit „ BALANCE TRANSEEBS DELIVERIES_ ilLAR E DELIVER,' POINT 4-30-87 QUOTA, MIT CREDIT PREVIOUS NIP TOTfu. S-31-2 Paudrr_River RunLut Block 18.105 2 18.185.2 0.0 TOTAL ROUDRE RIVER' " ' 6.6 n.6 8.8 6.8 6.6 18.105.2 16.185.2 0.0 Br!vsttr D If 21.8 21.8 11.8 6rttliv. City of>; 350.5 390.5 0.8 Resstqu,t 20.0 20.8 4.4 TOTAL - HAM ER SUPPLV CAN 8.0 4.4 O.0 4.4 0.0 432.3 032.3 i;11C4tAHD BALANCE. TRANSFERS DELIVERIES BAtAHCE DELIVERY POINT L." 4-30-87 ' '4U0Ift DEBIT CREDIT PREVIOUS NAV TONI 5-3147 FtCollins. tot,/ 14 •Soldfer Canyon eticer Plant State Board of Burk TOTAL OI80M FEEOER CANAL TOT& HORSETOOTH RESERVOIR Bald Mountain Dater Asia Crystal tater Eoapany - -Estes ₹ark. ioYn of fates Valley. Rec S Park T(<tiiiT Yarnock water' 'Assn Prospect 11t0 Rater Co Ins 507.2 567.2 0:U 258.9 258.9 0:0 112;7 112.7 1.0 A.6 0.0 0.6 0.6 13.116.'3. 14.416.3 t.0 a.a 3.4 "' 3.4 ='" t, t' 12.4 _ 12.0 - 4.0 11.2 = 11.2 f: A -0.4 . _ .. , ti 4 V.t 0.7 0.7. ! t 0 6.A a.0 6.6 A.A 27.8 27.5 LS OCH _ s r net 1987 D1TCH:AND BALANCE :..... TRANSFERS .... .......... DELIVERIES BALANCE DELIVERY POINT 4-39:-87 DUOTA DEBIT CREDIT PREVIOUS MA? TOTAL rr-31-87 Big ThoaDsan Runout Block 6.000,6 6,496.6 0.6 TOTAL - 816'THOMPSON R1vER 4.9 4.6 0.0 0.6 0.6 6.060,6 6.000,6 8.6 TOTAL' LOVER PLATTE RIVER 0.0 d.9 9.6 0.6 0.4 6,6 0.0 9 Bockhorn Hater Users 2633.7 263.7 2.8 Loveland. Citv'of (via HFc) 38,6 34,6 '.1.4 coring £arnon. Hater Assn3.7 3.7 - 8.4 Irk- --- --- ---------------- ------ ---_4c w ---- --- - - --- — NaHSEH fEEDER.CAH. 3.8 0.4 4.4 D.9 4.0 297.4 297.4 d.8 TOTAL --- ---- ---- --- ----- HAHSEN fEEOER CANAL 4.0 4.0 0.0 4.0 0.0 6:297.4 0,297.4 4.8 NCH NAY 1987 DITCH,AND „ BALANCE ..::.;'TRANSFERS..... DELIVERIES MANCE DELIVERY POINT. 4=30-87 ` QUOTA DEBIT CREDIT PREVIOUS RAV TOTAL �-31-87 TOTAL - .. LITTLE MONPSON RI 0.0 e.0 d.0 8.8 0.0 0.8 Lf.t. a:8 ICtal Basic Ind cloukenoni 48.6 48.6 4.1 _.._ Longuont. City of (via Sus) 207.4 207.8 4.0 Ltl Thoapson VD (Inc N'Carter 169.1 169:1 0.0 Polowchak-U M 0.2 4.2 8.4 litese/6roseclose 0.4 n;4 0.4 TOTAL --- - -- ST DRAIN SUP ;CANAL 0.0 0.0 0.6 0.0 0.6 424.7 424.7 4.4 _.- . DI AHD BALANCE TRANSFERS, ,..... DELIVERIES BALARM DELIVERY POl&T 4-30-B7 QUOTA ;_ DEBIT CREDIT PREVIOUS NAY TOTAL 5-3147 TOTAL ST VRAllr RIVER. Boulder Filtgr,FIant. TOTAL. BOULDER FEEDER.. CAR Boulder Count v Club Dry Creek TOTAL BOULDER CR Suf CAN HCM ib1Y 19$7 DITCH AND BALANCE : TRAHSPERS ..... DELIVERIES BALANLI DELIVERY POINT 4-30-87 QUOTA DEBIT UtEDIT PREVIOUS MAY TOTAL `s-3]-87 TOTAL - BOULDER CREEK TOTAL CARTER LAKE 4.0 0.0 4.0 4.0 0.0 0.0 0.0 0.0 TOTAL IUOTA RATER PREVIOUS RUUTA CERT.- QUOTA CERT. 7-T D 4.0 0.0 4.0 4.0 0.0 578.3 574.3 4.8 5ltca5aa2,ae2,5e=5sea:altsss5555555=alta2,2,x25.:=====ltelt5Yaalta5e:asz:xssaaaas:=zsx__sea--ez= 4.4 4.0 4.0 .0 0.0 26,311:8 261111.8 0.0 8.8 0.0 ps5=seaasltac2,a2,2, 5ecca2,az--5-5elte5a=c5as;ars====e===s:s========= =asst.-cceca55e===================== TOTAL NCH WATER 0.0 0.0 0.D 0.0 0.8 26.311.4 26:311.8 0.0 PREVIOUS eCF1 ISSUED 4.0 L=a2,St NCH, ISSUED $-T-D 8A r'+L_Yrrl1-1AFty NORTHERN COLORADO WATER CONSERVANCY DISTRICT COLITRADO-$16 TNONPSON YAIED DELl0ERY REPORT -- NONTN op NA? 1987 BALANCE •TP.ANSFERS - DELIVERIES BALANCE FEA7DRE - 4-30-87 DUDTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-87 POUDRE RP1ER .: 62.198.6 756.8- 8.389.8 .-7.'81.1 0:6 671.6 n73A fi1.666,3 HARSEN SUPPLY CAN 17,336.9 0.6 2;486.0 • 1,385.0 0;4 0.8 0.0- 27,235.3 DIXDN FEEDER CALL 17,568.5 0.0 4.587.0 ' 5,250.7 4,841,5 8.0 4,841.4 17,9224,2 TOTAL NBRSETOOTR RE3ERVOIk TOTAL ABM FLATIRON' 810 TnellpSOtt RWER LONER PLATTE FIVER HANSEH FEEDER CAN - TOTAL NANSEN.FEEDER:CANAL 97,087.4 756.6 14,762.8 14,416.8 4,841.9 671,6 5,512.9 96,826.4 979.5 0.4 6.0 0.6 53.7 0.6 53.7 979.5 26,595.0 . 0.8 239.6 `,061.7 0.0 753.2 7:235.0 0;0. ..-._.0.0. 173.1 0.0 753.2 0,0 0.0 732:4 LITTLE THONPS N RI 34.891.7 d.8 992.8 0.0 8.0 26,528.5 0.0 0.0 5061.7 3.6 736.0 3,231:4 926,3 732.4 3.6 730,8 34,821.6 7012.6 , 0.6 0,8 289.5 0.0 0.6 0.0 . 7;401.5 ST DRAIN SUP'CANAL 3,082.2 • 0.8 1,417.9 1,465.5 '1:671.4 516.2 2,187.q _8;613.6 ST VRAIN•RIVER 27,537,9 . 10.5 618.9 ' _469.8 '0.6 4.0 05 7'27;394.3 BOULDER fEEDER'CAN 3.888.5 0.0 0.0 ' 0.0 0:0 0.8 4.4 3;888.5 80ULDER CR SUP CAN 2,700.0 0.6 0.0 -24,5 ' 0:6 542.4 542.4 2;182.7 BOULDER CREEK _ • 25.626.3 0.8 666.0 866.0 8.fl O.O 0.6 25,826.3 75.947.5 14:5 2,702.3 3,115.3 1,671.4+ 1.058,6 2,730.0 75,311.9 TOTAL CARTER LAKE TOTAL - 4UOTA`MATER TOTAL REPL PATER 012--innalliza: 1------Laiaa===2=-..- _====2.=== ==== -====F`,4-s2= === 208.906.1 - ' 766.5 18,458.4 18,458.4 -7,299.4 1,733.2 9;832.6'-207,939.4 3.902.3 0.0 0.0 0.0 233.4 76.4 303.8 3,831.9 ==c=t=cnct::2ss=assaszsa==czaazasgaaasa== cu=es--===c-----zzsazzzr__2r-_ ======r_xa-_----_z._._=..s=-= 11111(.CBT PATER 212.808.4 766.5 -18,458.4 18.456.4 7.532.8 - 1;803.6 9,336.4 211,772.3 PREVIOUS C8T ISSUED 228,341.2 CRT ISSUED Y -T -D =aiFvat222. 221;107.7 NORTHERN COLORADO WATER CONSERVANCY DISTRICT .COLORADO -BIG THORSON PERCENTAGE OF QUOTA DELI{yERED AT: END OF mAY 1987 FEATURE TOTAL MET _ -. DELIVERIES .....,... :.BALANCE I/. OF MIA _. QUOTA TRANSFERS PREVIOUS NAY TOTAL 5-31-87 DELIVERED PGUDRERIVER HANSEN. SUPPLY CA11 DIXON FEEDER CANAL TOTAL' NORSET00TN RESERVOIR . TOTAL ABOVE.fLATIRON 1,033.2 . , _ .0.6._ 53.7. __ . 4.4_. 53.7 479.5. .. 5,2 816 THONPSOH RIVER 23,723.0 66.5 0.0 0.6 0.0 26,523.5 0.0 LONER PLATTE; RIVER 5,061.7 0.0 8.6 8.6 8.8 5.D61.7 1.1 HNNKR FEEDER CAN 3.312.4 8.4 732.4 3.6 736.il3.231.4 22.2' TOTAL' HANSEN FEEDER CANAL 37.612.1 66.5- - 732.4 3.6 : 736.0 34,821.6 1.9 53.154,7 608.7- 8.6 671.8 571.8 ,.61,566.5 _ 1.6 16.951.2 IVI_0- 0.0 0,0 0.0 I7,235.9 4.0 19,145.7 3633.7 4,841.5 0.8 4,841.9 17,924.2 99,251.6 346.6 4,841.5, 6,71.6 5,512.9 %,826.4 5:5 LITTLE THOMPSON RI ST. DRAIN SUP CANAL ST DRAIN RIVER BOULDER. FEEDER CAN BOULDER CR Std CAN BOULDER_ CREEK..- TONI -CARTER-LAKE- --- TOTAL.-,QUOTA<WATER TOTAL - IREPL,WATER 7.098.6 289.5 4.6 0.6 0.6 7.481.5 t.6 11464.3 47.6 1,671.4 516.2 2.137.6 15,613.6 19.5 29,167.4 149.1- 8.6 8.4 0.6 27,399.3 /.6 3,888.5 11.6 4.0 0.0 4.6 3,888.5 4.0 < 2,700.6 24.5 0.6 542.4 542.4 2,182.7 21.1 25,626.3 200.0 0,0 0.4 0.4 25,826.3 0.0 79,585.1 412.5 1,671.4 1,458.6 2,730.0.. 75.311.9 _ 3.4 asa--saazaszzvazaa- za----- St= ___-------- ______a—__�__�_ 216,972.0 . 8.1 ---:7,199.4 :- 14733.2 ,_3,032.6 207,939.4 4.1 4,135.7 '; 4.6 233.4 70.4 303:8 3,831.9 7.3 r_azzaazz--szasaaaxzaazazara--zzzasucasszsaaassa:sz ---azazxsaszasatr--_---zazarsaa-zzaaza-zzar a—=azaaca TOTAL COT WATER n1 167 7..._..;0.8 7.532 B .1 .813,6, 9,336.4. 211.771.3 _:,4.2 KORMAN'COLORADO WIER CONSER1ANCY DISTRICT COLORADO -8I6 THOMPSON 1ATER'DEL16ERY REPORT -- H0IITH OF MAY '1937 _ DITCH AND DEC16E02 MANCE ' 4=3U-87' QUOTADEBIT CREDIT' -PREVIOUS' MAY TOTAL 5-3147 • ... TRANSFERS • '•' ... DELIOERIES, %LAKE. 0rthur 224.6 224.6 Box Eider 35.8 '- .35.4 - Box Elder Cfamiel 1'41.4 15.8 15.6 1'25.0 Canvdn Canal 35.8 , ; 35.1' Ideal Basic Ind Inc 612.5 459.2 133.3 Jackson 21.7 21.7" Lake Canal 2.225.8 258.6 2,475.3' Lartiaet 2 Veld 15,325.8 362.9 3,117.5 17,488:4 Larinir` County 12 629.3 39.2 28.6 69.1"LtT;cache la PciaiVe ITfi.9 114.9 Miiaadre lo Pouch 7,642.6 , 6,088.6 73.6 r,T13 G Her Mercer 962.5 ;85,8 1,367:5 .Nortih Poudrt":' 28;888.6 " 987.6 " 3;818.6 656.6 6`6.1 291437.0 Pat' riff'in Di"• 22.4 22.4 'Plta3ad£ Oil a take" " 471.f _ . -. 471.1 Pater 368 8'9fdr ' 5,270- 9 •.'756.8 121.5 1;815.6 6T921.1 Yhiiney 455.8 • 455.8 TOTAL - POUDRE RIMER'' 62,'198.9 ' 756.8 8,389_6 7,781.1 8.6 671.8 ' 671.1 51,666.3 Breiister D ii 280.0 284.0 Eastman Kodak Co 3.211.6 1,462.6 Y,744.fi uiwes/WLIC Co 315.8 '315.1 6roilev. CiYv:of 13:33G.'s 24.9 1,3.6 - ""14;891:3 `tOiAL '- '-=----- --4-----...- -- -_____ --- --------------------=- - — 1 N SUPPLY.CAH 171336.9 0.8 1,486.8 1,315.6 8.9 9.6 '/,4 '17,235.4 CAT DITOI AHD DELIVERY POINT . -.2 - MAY 1W BALANCE. TRANSFERS ,..... 4ELIU£RIES BALANCE 4-30-87 QUOTA . DEBIT CREDIT PRE91005 MAY TOTAL 5-3i-97 Ault, Town of _ _...4.7 4.7 Dixon Reservoir Cu 45.5 45.5 East Lanier Co liD 573.4 52.6 625.4, Ft Collins, City of -3,456.3 7'.9.4 612.4 2,444.2 2,M4.2 . 3,289.3 Ft Collins -Lapland YD 4,641.4 3,644.6 25.6 1,066..4 La Salle; Town of 26.6 26.6 Mtiler Trust i Miller 84.5 84.5 Minatta a 42.4 _ 42.0 Noel:. if A 64.5 66.5 North Weld Co ND 698.5 391.7 1.390.2 - Soldier Canyon Filter Plant 1,098.33 3,604.4 2,401.7 2,46L7 4,698.3 State ,Board of Arm 1,654.9 1,854.9 nest ft Collins DD 777.4 548.4 69.3 338.3 TOTAL. —. ------ -- ---'--- — ------ ----- ----- -- — DIXON .FEEDER 'CANAL 17,560.5 6.6 4,887.6 5,254.7 4,841.9 6.4 4,841.9 17,9242 L MA, _ _ NDRSETOOTR RESERVOIR 97,087.4 7`6.8 I4S762.8 14,416.8 4,941,9 b71.II 5,512.9 96,826.4 8sid Mountain Aster Assn" -- 13.4 - 3.0 1.1 13.1 Crystal pater, *any. ,247.6 42.8 42.8, 247.8 Estes 4olf'i Country Club 126.4 "126.4 Estes Park. Town of 315.8 315.4 EstesOalley Rec i Park 53.9 53.9 8ottber9 R E - 42.6 42.4 1lerCett ?ackard:Coipeny I07.1 I17.1 Na41:191rn ock tlittanAug _..6.5. .. 2.6 2.6 4A Park 3ehool,Aist R-3 21.0. .21.4 Prospect Mtn Dater Co, Inc16.5 7.3 7.3 "16.5 Thunder Mountain Dater 17.5 /7.S ':MCA of the Rockies 14.4 I4,t TOTAL------7•••••••---- --- ---- --- --------1.----- ------ _ -- -------- ----- - 480K FLATIRON 474.5 0.4 0.4 0-6 53.7 4.1 53.7 979.5 CBI 3 NAY 1%7 DITCH AHD BALANCE TRANSFERS. ..... ....:..... DELIVERIES BALANCE DELIVERY POINT4-38-07 -'PUOTA DEBIT CREDIT PREVTOUS NAY TOTAL 5-3187 Berthoud. Tom of 368.5 48:5 ` Big Y Platte' 45.5. - 45.5 Big T Ditch i Mfg 56.0 56.6 Estes Park Realty Venture 7.8 7.6 fareers 475.22 15.6 498,3 George P.ist 47.6 47.6 Greeley -Loveland 7,363.3 158.0 17.5 7,231.8 H609 4;933.2 47.6 44.6 4:929.5 Hill $ Brush 18.9 18.9 Hillsboro 523.6 , 523.6 Nou`Sup919 5.175.1 42.0 74.6 5;207:1 Louden 2,212.6 2,812.6 Loveland, City of 4,248.6 12.6 4,261.2 South Side - 466.9 18.0 476.9 Oi.ndciiff Proven' Omers Assn 52.5 . 52.5 TOTAL - BIB THBNPSON RIVER 26,595.6 6.0 =239.6 173.1 4.8 8.4 8.8 26,528.5 Bijou 753.2 753.2 8.4 Loser Lather 108.5 148:5 Riverside GASP 753.2 753.2 Riverside Irrigation Dist 4,280.0 4,221.4 TOTAL - --- - --- ---- - - �._. lBYER PLATTE.RIUER 5.66I.7 8.6 75'2.2 753.2 0.0 8.0 0.8 5,261.7 Buekhorn Hater Users 2,492.5 45.8 3.6 48.6 :2,485.9 Buderus 5.6 5:6 Lowland, City of 655.0 - 655.8 0.0 Serin4 Canyon Hater Assn 60.7 32.4 32.4 " 61.7 Nest -ern Sugar Cospany 655.2 655.2 4Hek B N'(Cottorwood) 21.8 21;0 TOTAL - -HANSEN FEEDER CAH 3,235.6 4.6 0.6 0.0 732.4 3.6 736.6: 3,231.4 _TOTAL - ----- 'WISER FEEDER CANAL 34,851. 8.0 992.5 926.3 : 7322.4 3.6 736.5 _34,821.4 CBI 4 - MAV 1937 -DITCH AHD DELIVERY POINT BALANCE TRANSFERS DELIUERIES BALANCE 4-34-87 QUOTA DEBIT CREDIT PREUIOUS HAV TOTAL 5-31-87 Blower . - 34.'s 34.3 Boulder 0 Lather 555.0 6.0 561.0 Culver 163.5 110.5 224.4 Eagle 239.4 53.8 252.4 lde,6 Strhird 581.5 501.9' .Hiner 4 Longan 234.5 : 234.5 * Ish 5,002.2 _ 160.6 5,16L2 Osborn i Cavrood 147.0 147.8 Rockwell233.8 233.8 TOTAL - ----- --- - LITTLE THORSON RI 7,112.6 4.6 0.8 289.5 :0.6 0.6 8.0 ' 7.481.5 Brormood/Ret.d/Adns/Nallett 26.6 26:6 Gallahan'T L 7.7 7:7 Cathay C N 5.0 : 5.0 Central field -Co YD 254.0 706.7 956.7 Dacono, City of 435.4 363.9 65.5 bids 8 C 7.8 7.0 Eyanr. City of 56.0 56.0 fellows C C 10.5 11.5 firestone, Torn of 200.8 150.0 54.8 Ideal :Basic Ind (Loukenon) 24.6 24:1 Kersey, ._Torn _of' _. 235.9 152.6 33.9 Lauchit H A L6 7.6 Longaont, City of 516.22 46.0 516.2 562.2 0.8 kit Thapson YD (Inc H Carter) 4,800.2 476.4 127.2 1,625.4 1,625.4 4,451-4 Hiliken, Torn of 142.8 184.8 42.0 04 north Cartertake hater Dist 25.2 25.'2 1:8 Prrlsh J' : _ 56.8 56-0 Platteville, Torn of 95.5 95.5 folorchak U N 11.2 11.2 Stitt) R-- Gallagher L. 2.8 2.8 Supply 2,676.8 64.0 44.4 2,661.2 ileese/Broseclose . _ .15.5 _ 15.5 iliison'D S 18.9 , 18.9 TOTAL - - ----------- - -� ST BRAIN SLIP CANAL 9,482.2 t1.4 1.417.9 1,465.5 -1,571.4 516.2 2,181.6 - 8,4313.6 CST ATM AND DELIVERY PDINT,:_;., BALANCE .. TRANSFERS .......... DELIVERIES BALANa 4-36-87 RUOTA DEBIT CREDIT PREVIOUS MAY TOTAL S-31-87 Chadian -11c Cali in 17.5 17:5 Clough Private 1.4 1.4 Clovar Basin 28.4 21:1 Davis 1 Donning X13.8 313.1 Denlo i Taylor , 44.8 41:5 Ntybland 16.628.9 ; 10.5 ' 53.9. 440.0 10,425:5 Janes 281.7 281, 7 longeont Supply 38.5 38:5 tongaont, City of 5,768.5 515.2 9.8 5.281..1 Lyons. Tom oP 247.1 15.1 •232.1 Nirot 35.8 '!35.1 Oligerchy 449.4. 9.3 439.6 Pa artor, .25.9.. �. -25.9' Peck , 358 4 358.4 _ _.. Public.Service.-Ca of Colo. fi 997.9 . 8,997.9' Rough 1 Ready 1,788.5 20.6 , 1:818:5 South ledge_ ,. net ._ 24.6 . 44_i Swede ._ . . -. '1,659.8 1.059:8 TOTAL - _ .. ST DRAIN RIVER 27,537.9 10.5 Y 818.3 469 .8' - 8.0 ^ - 4.0 0.1 27,399.3 Btnnttt Y P 46.2'. Colorado Cetent Enterprises 38.5 Leethand Ditch Co. 3.691.8' star' 112.6 TOTAL-- 80Ul0ER FEEDER CAN Boulder 1 Lefthand SoulQer $ U$rterock . Boulder. Country Cluj) ' Diigoriai Yateri Sanit Dist Stontgate Associates TOTAL -, BOULDER CR SUP CAN 48.2 38.5 2.691.8 112.11 3888.5 0.0 0.0 0A 6.0 0:a' 0.6' '3,818:5; 367.5 2,051.0 265.1 "58.0 21.6 -- 24.5 . 387.5 542.4 . 542.4 I.533.1 285.1 584 21.4 2,760.8 0.1 6.4 "24.5 0.6 542.4 542.4 2,182.7 CBT -b- 111W 1987 DI1N AND BALANCE TRANSFERS'..... DELIVERItS WAKE DELIVERY POINT: 4-38-87 QUOTA ' : DEBIT' :.:CREDIT PP.E9I01S MAI TOTAL 5-31-87 Boulder 8 Weld uoulder, City of Carr i Toler Cott Ridge Dailey 8 Plush 4000104. Leggett. Lacer Baulder North,Bidr faraers Plisse Valley Irrigation Co .Silver Lake Stith O Easons TOTAL - BOULDER CREEK TOTAL CARTER"LAKE TOTAL QUOTA WATER PRE0100$ 1ULTA_sERT.• ark' CERT. i'-T-D 322.7 14,549.5 35.6 574.0 35.6 227,5 1.097.4 1,336.3 46.2 7.224.0 666.0 322.7 13.383.5 .335.6 50.6 -624.0 35.8 227.5; 1.947.4 150.0 1,486.3 46.2 7.224;0 666.6 666.0 178.5 ,178.5 25.626.3 0.0 666.0 866.0 0.4 0.0 0.0 25,826.3 75,947.5 18.5! 2,702,8 3.115.3 1,671.4 1,058.0 2,738.0 .75;311.9 zzzzzs----a;=ii=zszsasr-zssazuazzzcaasaz--_--3--zzxza ==zc-.scaazn====sxzsszauzaz 208,906,1 766.5 18;458.4 18,450.4 7,299.4 1,733.2 9,032.6" 287,'939.4 216,265.5 6aczazzzm - 216,972.6 r REPLACEMENT WATER lasso. Reservoir Co (Rep') 469.6 469_8 ,Drv.Crtek _(Repl) _ ;: _- 1,448.2 ___ _.44.8 70.4 115.2 1:369-3 Estes Part, Tom of (Rep) 377.1 122.9 122.9 377.1 Bertha (Handy) Repl) 165.8 165:0 lefthand.Ditch Co. (Rep')1.114.7 1,116.7 State Board of Agric (Rep)). 334.3 65.7 65.7 334.3 . zzss-aszxisazxzarar-sa-_sssas-- ssr___-s__ --__s-s=-_ ==k=ziars7.2S61 aaa- T0T9L - REPL WATER 3,902.3 8.0 0.0 0.0 233.4 70.4 •303.8 3.831:9 PREV10U5 REP( ISSUED 4;135.7 azsR:aazza. PEAL ISSUED 1=T -D 4;135.7 zasaaaasazsa===se zzazazzisazcasaszzzzrzzmtannaana =ssata =sna[asrra===aszssa_-ezrszszzsasszzszaazszas ing. TOTAL CBT WATER'- 212,888.4 766.5 18;458.4 18,456.4 7,532.8 1,883.6 -9,336,1 211,771.3 PREVIOUS COT ISSUED 229,341.2 raanarimaa CBT ISSUED 7 -T -D ,221,107.7 June 12, 1987 1987 PRECIPITATION WITHIN NCWCD (Inches) Station' Ft. Collins Greeley Longmont Ft. Morgan Sterling 1986 Average 1957-1986 Ave. Year to (*) April M�y June July Aug. Sept. Oct. Date Totals 66 3.15 1.11 3.85 1.09 2.08 .59 6.46 39 6.44 .77 4.40 1.63 2.79 9.43 9.54 8.11 8.96 10:93 9.39 6:92 1987 % of Average47% - 157% 136%` ........... ........... ....._...... ................. ... Loveland Station .62 3.57 8.25 (*) Includes Winter Precipitation (November thru March) STORAGE COMPARISON (ACRE-FEET) Max. Active Capacity Granby Reservoir......._.... ... ..... 465,568 Horsetooth;Reservoir................ 139,713 Carter Lake......................... 108,924 Boulder Reservoir........ .:........ 8",660 Total Project................... 722,865 Percent of Active Capacity.......... Percent of Average Cache la Poudre Reservoirs.........: 219,821 Big & Little Thompson Reservoirs121,730 St.°vrain & Lefthand Reservoirs58,825 Boulder Creek Reservoirs_,32,691 Total Tributaries Percent of, Active Capacity.: Percent of Average..........`` Total Combined" Storage (Project ,+ Local)! Percent of Total Active Capacity Percent of Average 433,067 1,155,932' Active Storage 5-1-87 6-1-87 337,951 378,248 133,881 126,455 106,939 107,531 - 8,068 8,237 586,839 620,471 81% 86% 127% 127% 153,282; 186,374 88,268 109,347 <52,899 54,719 22,519 27,957 316,968 378,397 73% 87% 118% 127% 903,807 998,868 78% 86% 124% 127% June 12 1987. CBT INFLOW AND DELIVERY COMPARISONS (ACRE-FEET) Adams Tunnel Diversions Month 1986 1987 Nov. 17,056 16,316 Dec. 24,500 30,409 Jan. 23,847 23,960 Feb_ 21,794 16,342 Mar. 26,283 11,846 April 32,518 .31,315 May 32,714 24,365 June 19,416 July - -32,899 _ Aug. 16,556 - Sept. 12,662 Oct. 12,357 Total Thru May 178,712 154,553 11,594 11,259 Year < Total 272,602 ` 35,297 GRANBY RESERVOIR Releases to Colo. River 1986 1987 1,198 1,200 1,242 1,240 1,240 1,240 1,120 1,120 1,240 1,240 1;231 1,198 4,323 4,021 4,671 14,499 2,652: 640 1,241 Year Net Change In Storage 1986 1987 - 10,715 21,893 - 22,180 - 17,967 • 22,464 - -13,965 + 36,049 +118,748 + 10,153 - 7,641 - 4,661 5,640 - 73,135 + 37,824 Conserved Inflow 1986 1987 - 10,492 + 6,341 + 5,824. - 29,332 + 2,607 + 1,077 - 24,163 + 1,667 203 - 17,310 + 3,827 - 968 - - 11,574_ + 3,819 + 272 - 12,823 + 18,553 + 18,492 + 40,297 + 68,763 +-64,662'' +138,164 + 43,052 + 8,915 + 8,001 + 6,717 - 65,397 _ +105,577 + 89,156 +310,426 1987 - Includes 19,640'A.F. Pumped from Willow Creek Reservoir and 3,700 A.F. pumped from Windy Gap 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 TOT -1986 Average (Percent) April (1) 4,154 5,571 4,491 4,185 6,381 7,301 9,093 5,568' 7,382- 51,120(2) 33,711(2)) 38,743(3) 5,827 (3%) MaY 7,759 37,573 2,054 2,262 2,177 6,464 9,679 2,140 4,330 21,390(2) 58,54112) 38,115 4 12,997 (6%) DELIVERIES QUOTA + REPLACEMENT June 40,473 67,523 4,293 3,418 8,577 26,674 6,182 2,924 10,920(2) 67;539(2) 7,433 July August Sept. Oct. Total 88,420 76,167 43,810 50,517 50,473 88,730 33,598 31,671(2) 9I,413(2) 51,692 72,820(2) 80,788 50,542 22,850 297,969 60,244 40,813 21,586 309,477 74,236 32,164 23,879 184,926 44,166 24,060 16,251 144,859 69,610 32,833 33,231 203,281 82,864 40,351 37,643 290,027 40,320 29,816 31,394 160,082 62,706(2) 38,687 17,299 160,995- 44,548 26,077 14,381 199,329 70,214 25,437 3,531 290,923 67,279 23,745 5,161 268,690 13,770 56,996 73,207 (6%) (26%),' '(33%) Includes winter water; use Includes Non -charge water Includes Carry -Over Includes Carry -Over and Non -charge' 38,320 _ 20,900 222,018 (17%); (9%)' (100%) ofiCEOw WY \ 1 3 UNITED STATES NUCLEAR'REGULATORY COMMISSION WASI WIGTON, D- C. 2055.5 June 3, 1987 DOCKET';NO(S)." 50-267 Mr.. R.O. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado' P.D. Box 840 Denver, Colorado 80201-0840 SUBJECT:, FORT ST. 'VRAIN"NUCLEAR GENERATING STATION The followingdocuments concerning our review of your information. Notice of Receipt of Application, dated ['Draft/Final Environmental Statement, dated Notice of Availability of Draft/Final Environmental Statement, dated Safety Evaluation Report, or Supplement No. dated [] Environmental Assessment and Finding of No Significant Impact, dated f] Notice of Consideration of Issuance of Facility Operating License or Amendment to Facility Operating License, dated 1:181 -Weekly Notice; Applications and Amendments to perating-Licenses-Involving No Significant Hazards Considerations, dated 5/2W$� [see *vas,)] 18995 O Exemption, dated ❑ Construction Permit No. CPPR Facility Operating License No. Order Extending Construction Completion [] Monthly Operating Report -for transmitted (] Annual/Semi-Annual Report - sancta,. co the subject facility are transmitted for EnclesureS: As stated cc:w/enclosure See: next page dated dated , Amendment No. Amendment No. Date, dated by letter dated transmitted by letter dated Office of Nuclear Reactor Regulation fn t5d -t b'7 Mr. R. O. Williams Public Service Company of Colorado cc: Mr. D. W. Warembourg, Manager Nuclear Engineering Division Public -Service Company, of Colorado P. O. Box 840 Denver,Colorado 80201 Mr. David Alberstein, 14/159A GA Technologies, Inc. Post Office Box 85608 San Diego, California` 92138 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Public Service:CompaeY of Colorado P. O. Box 840 Denver,' Colorado 80201' Senior Resident Inspector U.S. Nuciear 'Regulatory,Cowl ssion P. 0.8ox 840 Platteville, Colorado 80651 Kelley, :Stansfield & O'Donnell Public Service Company Building Room 900- 550 15th Street Denver, Colorado 80202 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 Fort St. Vrain Albert a_ Haile, Director Radiation Control. Division Department of Health. 4210 East llth Avenue Denver, Colorado 80220 Mr. R. 0. Willi ams,,Acting Manager Nuclear Production Division Public Service Company of Colorado 16805 Weld County; Road 19-1/2 Platteville, Colorado ,80651 Mr. P. F_ Tomlinson, Manager Quality Assurance: Di vision Public Service Company of Colorado 16805 Weld County Road 19-1/2 , Platteville, Colorado 80651 Mr. R. F. Walker Public Service Company, of Colorado Post Office Box 840 Denver, Colorado 80201-0840 " Commitment Control Program Coordinator Public Service Company of Colorado, 2420 W: 26th Ave. Suite 100-D Denver,' Colorado 80211''. 28970 Federal Register / YoL 62,: No. 97 / Wednesday. May 20, 1887:/ Notices 81-Weeidy NoNa<ADPYnflons and Amendments to Operating Maness Involving Ho Significant Hazard: Considerations I• Sackgamd Pursuant to Pithily Law (RI -127-415. theNnclearRe8alat Commission (the Commission) is publishing this regular bi-weekly notice. PaL 97.415 revised .section 189 ofdte Atomic Energy Act of .1954. as aniended (the;Act)< to require the Cammissiat.to fish notice of any amendments isfta or proposed to be issued.. under a nevi provision of section 189 of the.Act- This protision grants the Cmnmiufon the authority to issue aocl make immediately effective any amendment 16 as operating_ license upon . a determination by the Commission that such amendmentinvolves nosignificant hazards consideration, notwithstanding the pendency before the Commission of a: request for beartng_frD1a any penon- This bi-weekly notice includes sa. amendments issued or proposed to be issued. since the date of publication of the lastbi-weekly notice wbich was published on Stay 4.1987 (52FR through 14ay 8.11187 NOTICRDP CONSIDERATION OF ISSUANCEOFAMENDMENTTO FACILITY OPERATING LICENSE AND PROPO81SDNO SIGND7GANT HAZA1tDB CONSIDERATION DETERMINATION; AND OPPORTUNlTFFOR HEARING Tbe.Commission hat made a. proposed determination that..ttie,following .. . amendment:requests involve no - sigmficant'hezardsconsideration. Under the innnissions,regulationsin70LTR 5092,,. this means that operation of the . - facility in acoordance w itb theproposed amendments wanld`not (1) involvea signiHcsntivaease in the probability or consequences of eaaccident previously. - - evaluated: or(2)create the possibilAyof a new 0z:different of accident from . any accident previously: evaluated; or (3) involve a significant seduction in a margin ofssfety The basis for this proposed; determination for each amendment request is shown, below. The Commission is.seeking ,public - comments on this Proposed - determination: Any comments received wlihia 90 days after' the date of Publicationoftbismtice will be: considered ;:iimaking any final -. determination. The Commission will not mrmally make a fins) determination lintels it reeeives.a ragoest for a hearlrit. '; Written oommentsmay be submitted ;by tail tothaRules ind Procedures Branch:Division of Rule! and Records. 'ad rn,ri i2-rz-s7 Federal Register / Vol 52. No. 97 / Wednesday. May 28, 1987 / Notices 18971 Office of Administration. U.S. Nuclear Regulatory Commission. Washington. DC 20555, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered to Room 4000. Maryland National Bank Building, 7735 Old Georgetown Road. Bethesda. Maryland from 8:15 a.m. to 5:00 p.m. Copies of written comments received may be examined at the NRC Public Document Room. 1717 H Street, NW.. Washington, DC. The filing of requests for hearing and petitions for leave to intervene is discussed below. By June 19.1987. the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest maybe affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene: Requests for a hearing' and petitions for leave to intervene shall be flied in accordance with the Commissions "Rules of Practice for Domestic Licensing Proceedings. in 10 CFR Part 21f a request for a hearing or petition for leave to intervene is filed by the above date. the Commission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Seaetary or the designated Atomic Safety and Licensing Board will Issue a notice of hearing or an appropriate order. As required by 10 CFR 2714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding. and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (I) the nature of the petitioners right under the Act to be made a party to the proceeding: (2) the nature and extent of the petitioners property.. financial, or other interest In the proceeding: and (3) the possible effect of any order which may be entered in the proceeding on the petitioners interest The petition should also identify the specific aspect(s) of the subject matter of the proceeding as to which petitioner. wishes to intervene. Any person who has filed a petition for leave to intervene or who has been admitted asaparty may atnendthe .petition without. requesting. leave of the Board aapp to fifteen (151 days Prior to the firsfprehearingnonterencescheduled In the proceeding. but such att : minded' petition must satisfy the specificity requirements described above. Not later than fifteen (15) days prior to the first preheating conference scheduled in the proceeding. a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which ate sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the, proceeding, subject to any limitations in the order granting leave to intervene. and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held If the final determination is that the amendment request involves no significant hazards consideration. the Commission may issue the amendment and make it Immediately effective. notwithstanding the request for a hearing Any hearing held would take place after issuance of the amendment If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment Normally.. the Commission will not issue the amendment until the expiration of the 30 -day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in detecting or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30 -day notice period provided that its final determination is that the amendmentinvolves no significant hazards consideration. The final determination will consider all public and State comments received before action is taken.. Should the Commission take this action. It will .publish anotice of issuance and ptovida for: opportunity for a hearing after, issuance. The Commission expects that dittoed to take this action will occur' very infrequently. A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission. U.S. Nuclear Regulatory Commission. Washington. DC 7nsC, Attention Docketing and Service Branch, or may be delivered to the Commission's Public Document Room. 1717 H Street NW.. Washington, DC, by the above date. Where petitions are filed during the last ten (10) days of the notice period it is requested that the petitioner promptly so inform the CommiSsielt by a toll -free telephone call to Western Union at (800) 325.8000 (in Missouri (800) 3428700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to (Project Director): petitioners name and telephone numbee date petition was mailed plant name: and publication date and page number of this Federal Register notice. A copy of the petition should also be sent to the Office of the General Counsel -Bethesda. U.S. Nuclear Regulatory Commission, Washington. DC 20555, and to the attomey for the licensee. Nontimely filings of petitions for leave to intervene, amended petitions. supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission. the presiding officer or the presiding Atomic Safety and Licensing Board thatthe petition and/or request should be granted based upon a balancing of factors specified in 10 CFR 2714(a)(1)(0 -(v) and 2714(d). For further details with respect to this action. see the application for amendment which is available for public inspection at the Commissions Public Document Room. 1717 H Street NW_ Washington. DC. and at the local public document room for the particular facility involved Alabama Power Company, Docket No. 50.348, Joseph M. Farley Nuclear Plant. Unit No. 1, Houston County, Alabama Dote of amendment request October 25, 1985.. supplemented September 29. 1988. Description of amendment request The amendment would modify the Technical Specifications to change Figures 3.4-2 and 3.4-3 based on the results of analysis of Capsule "U' Reactor Vessel Material Radiation Surveillance Program in response to the Commission's letter dated May Z. 1985. Analysis results are detailed in WCAP- 10934 wovided to the. Commissionby licensee letter dated October 25.1985. By letter dated September 2111988 -the Bceas= submitted'a. revision to W.CAP-. 18972 Federal Register / Vol. 52. No. 97 / Wednesday, May 20. 1987 / Notices 10934 and Figures 3.42 and 34-3 as the result of NRC staff concerns expressed in our letter dated June 18,1888. The revised Figures 3.4-2 and 3A-3 are different from those previously noticed on December 4.1985 (50 FR 49780). Therefore, we have determined that the changes to the heatnp/cooldown awes require renotiting. Boris for proposed no significant hazards consideration Bete rninationt The Commission has provided standards for determining whether a significant hazards determination exists as stated in 10 CFR 50.92(x}. A proposed amendment to an operating license involves no significant hazards considerations if operation of the facility in accordance with the proposed amendment could not: (1) involve a significant increase ion the probability er consequences of am accident previously evaluated: or (2) create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety. The licensee's analyses contained in the October 75.1985, letter. as well as the September 29. 2988. letter conclude that the revised heamp/ cooldown curves comply with Commission guidance of Regulatory Guide 1.99 Revision 2 and 10 CFR Part 50, Appendix G, and. therefore. do not involve a significant hazards consideration. The staff has reviewed the licensee's analyses provided by letter dated October 25. 1985. as supplemented September 29. 1988, and conclude that the amendment satisfies the three criteria listedin10 CFR 50.92. Based on that conclusion the staff proposes to make no significant hazards consideration determination. Local Public Document Room location: George S. Houston Memorial Library. 212 W. Bardesbew Street Dothan. Alabama 38303 Attorney for b'censee: Ernest L Blake. Jr.. Esquire. 2300N Street, NW. Washington. DC 20037 NRC Project Director. Elinor G. Adensam Arkansas Power &.Light Company, Docket No. 50-368. Arkansas Nuclear One, Unit 2, Pope County. Arkansas Date of amendment request- November 17.1988 - Descrlploa of amendment request - The proposed amendment wouldrevise the technical specifications to reflsd the revised requirements of W CFR 5072 and the new requirements of10 50.73. The revised. Section 50.72 modifies the immediate :notification requirements for operating nuclear power reactors and the new Section 50.73 provides for a revised Licensee Event Report System. Basis for proposed no significant hazards consideration determinotion: The Commission has provided guidance concerning the application of the standards for determining whether a significant hazards consideration exists by providing certain examples (51 FR 7751}. One of the examples (vii) of actions not likely to involve a significant hazards consideration relates to a change to make a license conform to changes in regulations, where the license change results In very mioor changes to facility operations clearly in keeping with regulations. The proposed amendment is similar to the example in that the changes were requested by the NRC staff in Generic Letter 83-43 to assure compliance with the revised Section 50.72 and the new Section 50.73. In addition, the proposed amendment would only revise the reporting. requirements in accordance with the regulations and would not change any current limitations related to the operation of the plant Therefore.since the application for amendment involves a proposed change that is similar to an example of actions that are considered not likely to involve significant harAtxda considerations, the Commission has made aproposed determination that the application for amendment involves no significant: hazards considerations. ,Local Public Document Room location: Tomlinson Library, Arkansas Tech. University, Russellville, Arkansas 72801 Attorney for licensee: Nicholas S. Reynolds. Esq.. Bishop. Liberman, Cook, Purcell and'Reynolds.1200 Seventeenth Street NW., Washington. DC 20038 NEC Project Director. Jose A. Calvo Arkansas Powerrf Light Company, Docket. No. 50-368, Arkansas. Nuclear One, Unit 2, Pope County. Arkansas Dote of amendment request December 12.1988 Description of amendment request - The proposed amendment would delete license condition 2.c.(3)(g) of Facility Operating License No. NPF3 relating to CESEC code verification. CESEC is a simplified thermal -hydraulic transient computerprogram developed for analyzing transient and accident events. The license condition requires that the licensee shall complete tests to verify the use of the CESEC code during the initial startupand:power ascension testing program and submit the'resnits for Commission review and approvaL By letters !dated March 8.1980, June 0.1980. March 27.1981 and December 27.:1983, the licensee submitted test results for Commisson review_ By letter dated March 20.1984, the NRC staff provided Commission approval and the associated safety evaluation stating that the licensee has fulfilled all of the requirements regarding the verification of the CESEC code. This change is one of several changes requested in the application. The remaining issues will be addressed in separate notices. Basis for proposed no significant hazards consideration determiaarion: The Commission has provided standards for determining whether a significant hazards consideration exists as stated in 10 CFR 5092 A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendments would not: (I) Involve a significant increase in the probability or consequences of an accident previously evaluated: or (2) Create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) Involve a significant reduction in a margin of safety. A discussion of these standards as they relate to the proposed change follows: (1) Consideration. of Probability and Consequences of Accident CESEC is a thermal -hydraulic transient computer program developedfor analyzing transient and accident analyses. The NRC staff has reviewed and found the. CESEC code acceptable for use in licensing applications for calculating FSAR Chapter 15 events for ANO-2 Accordingly the deletion of the license condition requiring the code verification would not affect previously analyzed events- The proposed change.. therefore. would not involve a significant increase in the probability or consequences of an accident previously evaluated. (2) Consideration of Possibility of a New or Different Kind of Accident: The proposed deletion of a license condition which hes been fulfilled by the licensee would not involve any new safety information or affect any plant operating condition or parameter: Therefore, the proposed. change would not create the possibility. of a new or different kind of accident from any accident previously evaluated. (3) Consideration of a Reduction. in a Margin of Safety. The proposed change would not involve a change in safety limits. limiting conditions for operation. surveillance .requirements, or the design. bases for the plant. equipment Therefore, the proposed change involves nosignificant hazards considerations. Based on the above considerations: the Commission proposes to determine Federal Register / Vol 52. No. 97 / Wednesday, May 20. 19137 / Notices 18973 that the proposed change inv Dives no significant hazards considerations. Local Public Document Room location: Tomlinson Library. Arkansas Tech University, Russellville. Arkansas 72801 Attorney to- licensee: Nicholas S. Reynolds. Esq.. Bishop, Liberman. Cook. Purcell and Reynolds. 1200 Seventeenth Street. NW.. Washington, DC 20036 NRC Project Director. Jose A. Calvo Arkansas Power 3 Light Company, Docket No. 50-368, Arkansas Nuclear One, Unit 2, Pope County. Arkansas Dote of amendment request: December 121966 Description of amendment request: The proposed amendment would revise the technical specifications to change the reporting requirements for primary coolant iodine spikes from a short -tern report (Seecial Report) town item to be included to the Annual Report in accordance with the staffs guidance provided in General Letter No. 85-19. The proposed amendment would also delete the requirement to shut down the reactor. if coolantiodine activity limits are exceeded for 800 hours in a 12 - month period in accordance with the staffs guidance provided in the generic letter. The requirement to shut down the reactor after primary coolant activity exceeds 1.0 microcurie per gram Dose Equivalent 1-131 for greater than 48 hours and the requirement to shut down the reactor if primary coolant activity exceeds the allowable limit of Figure 3.41 would still be retained. The remaining issues in the amendment request will be addressed in separate notices. Basis for proposed no significant hazards consideration determination: The Commission has provided guidance concerning the application of the standards for determining whether a significant hazardsconsideration exists by providing certain examples (51 FR 7751). One of the examples (i) of actions not likely to involve a significant hazards consideration relates to a purely administrative change to technical specifications: for example. a change to achieve consistency throughout technical specifications. correction of an error, or change in nomenclature. Another example (vii) of actions not likely to involve a significant -hazards considerations relates to change to make a license conform to changes In regulations: where the license change results in very minor charges to facility operations clearly in keeping with regulations. ! The first -change appears to be similar to example (i) in that it purely administrative. In addition: it meets the staffs guidance provided in Generic Letter No. 85-19. The second change involving deletion of the 800 -hour shutdown requirement was previously evaluated on a generic basis by the staff and the results were stated in Generic Letter No. 85-19. The staff determined that the 800 -hour limit was no longer. necessary because the improved quality of nuclear fuel coupled with existing reporting requirements should preclude licensees ever approaching the limit Short term shutdown requirements for iodine coolant activity limits remain unaffected by the proposed specifications. The generic letter also incorporated the above change into the standard technical specifications. Therefore, this change appears to be similar to example (vii) in that the change would bring the technical specifications in conformance with the standard technical specifications. Therefore, since the application for amendment involves proposed changes that are similar to examples of actions that are considered not likely to involve significant hazards considerations, the Commission has made a proposed determination that the application for amendment involves no significant hazards considerations. Local Public Document Room. location: Tomlinson Library. Arkansas Tech University. Russellville. Arkansas 72801 Attorney for licensee Nicholas S. Reynolds, Esq., Bishop, Liberman. Cook. Purcell and.Reynolds,1200 Seventeenth Street, NW- Washington. DC 20038 NRC Project Director. Jose A. Calvo Carolina Power tit Light Company, Dockets Nos. 5032.5 anti 50424, Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County. North - Carolina Date of application for amendments: March 27,1987 Description of amendment request: The proposed amendment would change the Technical Specifications (T8) for Brunswick Steam Electric Plant Units 1 and Z to include operability requirements for the pressurised nitrogen system that has been installed as a backup to the plant instrument air system. The new operability requirements would be incorporated into TS Section 3.6.42 Suppression Pool -Reactor Building Vacuum Breakers. By letter dated May 13. 1984. the NRC issued Generic. Letter 84-09, "Recombiner Capability Requirements of 10CFR50.44 (c)(3)(iir to clarify the conditions that wouldpreclude the need for a hydrogen- recombines capability at some reactor plants Criteria were provided in the GeneriaLetterto ensure that the amount of oxygen that could be present in a Mark f boiling water reactor containment after a postulated accident would be limited to safe values. In response to Generic Letter 8409, the licensee has proposed a modification to the Brunswick instrument air system that would isolate the air supply to pneumatic valves inside containment after a postulated loss -of -coolant accident (LOCA). The only pneumatic valves inside containment required to operate after a LOCA are the automatic depressurization system (ADS) valves. The ADS valves would be supplied by a backup pressurized nitrogen supply upon isolation of the instrument air system. m ad,?:'ion, the nitrogen backup system would eiso supply the operators for the suppression pool to reactor buildingvacuumbreaker valves. The vacuum breakers are located in the reactor building and are required to have a safety -grade source of pneumatic pressure after a postulated accident The switchover to the backup nitrogen supply occurs automatically on receipt of a reactor vessel low level 3 or high drywell pressure signal which would occur during a LOCA- By letter dated October 3a 1986. the NRC issued a Safety Evaluation relating to the acceptability of the nitrogen backup system modifications to the instrument air system. The staff provided additional criteria to be applied to the nitrogen backup system to assure that only nitrogen would be introduced intothe containment after a postulated LOCA. Two of the criteria that would have to be met to assure compliance with Generic Letter 84.09 involve the addition of TS to control the operability of the nitrogen backup system. That is, thelicensee was requested toprovide: a. Testing and surveillance TS for the essential nitrogen backup system. and b. TS for the essential nitrogen backup system that limit operation of the plant on loss of redundancy and loss of the system. The licensee's application of March 27,1987, responds to the NRCs request for nitrogen backup system TS. The licensee has proposed to add operability and surveillance TS for the nitrogen backup system in TS Section 3-6-42. SuppressioaPool-Reactor nilding Vacuum Breakers. This TS section was chosen as an appropriate administrative location for incorporatingtherequested additions to the Technical Specifications. Basis forproposed no significant - hazards consideration determination The Commssion has provided standards for determining whether no ..turn: Federal Register / Vol. 52, No. 97 / Wednesday. May 20, 1907 / Notices significant hazards consideration exists as stated in 10 CFR 5022(cl. A proposed amendment to an operating license involves no significant hazards considerations if operation of the facility in accordance with the proposed amendment wouldnot:-(1) involve a significant increase in theprobability or consequences of an accident previously evaluated: or (2) create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety.. The licensee has evaluated the proposed amendment against the standards in 10 CFR 50.92 and has determined the following: 1- The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. These changes reflect additional restrictions on plant operation_Tilechanges will effectively assure operability of the essential nitrogen supply system in the event of a loss -of -coolant accident (LOCH), thereby reducing the potential for oxygen to enter the dryweli should a postulated LOCA occur concurrent with a rupture of the instrument air line. 2. The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated- The surveillance requirements assure apost. accident supply of oxygen -free working fluid for the required pneumatically operated. systems inside the primary containment. 3. The proposed amendment does not involve a significant reduction in the margin of safety. The proposed revisions incorporate additional more restrictive requirementsto ensure that oxygen does not get into the containment due to a rupture of an instrument air line concurrent with a loss -of -coolant accident. Based on the above reasoning. the licensee has determined that the proposed amendment does not involve a significant hazards consideration - The NRC staff has reviewed the licensee's no significant hazards consideration determination and agrees with the licensee's analysis. Based on this review. the staff therefore proposes. to determine that the requested. amendment does not Involve a significant: hazards. consideration. L000l PttbliC Document Room location University of North Carolina at Wilmington. William Madison Randall library. 601 S. College Road. Wilmington. North Carolina 78903-3297. Attorney for licensee: Thomas A Baxter. Esquire. Shaw. Pittman. Potts and Trowbridge. 7300 N Street. NW.. Washington. DC 20037 NRC Project Director. Elinor G. Adensam Commonwealth Edison Company. Docket Nos. b0-237/249, Dresden Nuclear Power Station, Unit Nos.2 and 3. Grundy County, Illinois Date of amendment request: August 21.1986 Description of amendment request. This amendment requestincludes proposed Technical Specification changes to Section 0 (Administrative Controls) of the Dresden Unita 2 and 3 Technical Specifications. These changes are a result of recent Commonwealth Edison Corporate and Station organizational changes. Additional changes include referencing 10 CFR 50.73 in the reporting requirements, and revising Section 6.1.G regarding the review and investigative function and revising tht audit function to reflect organizational and responsibility changes and to allow delegation of these functions. Lastly. Special Report Table 6-6:1 has been revised to delete reporting requirements for Unit 1 as ft is no longer in operation: Basis for proposed no significant hazards consideration determination: The Commission has provided standards for determining whether a significant hazards determination exists as stated in 10 CFR 50.92(4 10 CFR 50.91 requires at the time a licensee requests an amendment, it must provide to the Commission its analyses, using standards in 5092. about the issue of no significant hazards consideration. Therefore, in accordance with 10 CFR 50.91 and 10 CFR 50.92, the licensee has performed and provided the following analysis: - Commonwealth Edison has evaluated the proposed Technical. Specification amendment and determined that ft does not represent a significant hazards consideration. Based on the criteria for defining a significant hazards consideration established in 10 CFR 50-92(4 operation of Dresden Station Units 2 and 3 to accordance with the proposedamendment will not (1) involve a significant increase in the probability or consequences of an accident previously evaluatedbecause: the proposed changes involve - administrative changes in the managementotganirational structural and do not affect any plant equipment or operational procedures which could impact: the probability or consequences of an acciden• t.- (2) create the possibility of a new or different: kind of accident from tiny accident previously'evaluated -for :the same reason as 1) above: No new equipment or operating Practices are being introduced. (3) involve a significant reduction in the margin of safety since the amendment does not affect any operating practices or limits nor any equipment or system important to safety. The staff has reviewed the licensee's no significant hazards consideration determinationonthe proposed changes to Section 8, Administrative Controls. and agrees with the licensee's analysis. In addition the Commission has provided guidance concerning the application of the standards for determining whether a significant hazards consideration exists by providing certain examples (March 6. _ 1986 5: FR 7751). Examples of actions involving no significant hazards consideration include purely administrative changes or changes to conform a license to changes in the regulations. where the license change results in very minor changes to facility operations clearly in keeping with the regulations (Le, examples (i) and (vii)). Thechanges proposed in the application for amendment are encompassed by these examples in that the proposed changes reflect recent organization changes, deletion of references to Dresden Unit 1 and review of reportable events as defined by 10 CFR 50-73. Therefore. the staff proposes to determine that the application for amendment involves no significant hazards consideration. Local Public Document Room location: Morris Public Library. 804 Liberty Street. Morris. Illinois 60950. Attorney for licensee.• Mr. Michael I. Miller. Isham..Lincoln and Beale. Three First National Plaza. Suite 5200. Chicago. lllinois 6080'. NRC Project Director. Daniel R. Muller Commonwealth Edison Company. Docket Nos. 50-295 and 50-30t Zion Nuclear Power Station, Unit Nos.1 and 2. Lake County, Illinois Dote of application for amendments: April 8.1987. Description of amendments request. These amendment would revise the specimen capsule withdrawal schedule to incorporate the removal of two additional specimen capsules at fluences in excess of those expected at End of Life. This is with the requirements of 10 CFR Part 50. Appendix H. Bass for proposednosigntficent hazards constderotiondetermination TheGommfssionherprovided Fedora* Register / Vol: 52. No. 97 ). Wednesday: May 20. 1967 f Nbtttes 18975 standard* for determining whethern significant hazards consideration exists - (10 Chit 50.92(c)). A proposed amendment to an operating license for e facility involves no significant hazards consideration if operation of the facility in accordance with the. proposed amendment would not (1) Involve a significant increase in the probabilityor consequences of an accident previously evaluated (2) ante the possibility of a new or different kind of accident from any accident previously evaluated w{3) involve a significant reduction in a margin of safety. The licensee provided the [dowiag discussion regarding the above three criteria: Criterion 1 This change only affects the withdrawal schedule for the specimen capsules installed inside or Zions reactor vessels. This schedule is not a factor in any of the previously analysed accidents. Thus, the change does not alter the probability or consequences of any accident previously evaluated. Criterion 2 As discussed above. this. change only addresses the innate of capsule withdrawal. The withdrawal of specimen capsules was comodered in Zion's design and has previously taken place on numerous occasions. In addition, the withdrawal schedule has no efface on the pe, formance of airy of Zion's systems or structures_ Based upon this lack of system interaction, the proposed change will not affect any of the pre-existing accident sequences contained in Zion's FSAR Thus. this change does not create the possibility for a new or different kind of- accident Criterion 3 While Zion's margin of safety is insensitive to changes in capsule withdrawal schedules this change will allow for a more. meaningful reactor vessel surveillance program. Thus. the future properties of Zion s vessels cart be moreaccuuately predicted. providing a slight increase in the margin of safety. Note that this change will bring Zioa Station into compliance with the 1983 revision to 10 CFR 50, Appendix K Thus, example vii is applicable in this situation. Example vii reads as follows: (vii) A ciennte trrmake a license conform to changes in the regulations. wherethelicense change results in very minor changes to facility operations clearly in keeping with the regulations. Therefore, since the application for amendmentaatisfierdre c iteris specified in 10 CFII 50.92 and is similar to examples for which no nstit{caat hazards consideration exists. Commonwealth-F.disort.Company has made a determination that the application involves no significant hazards consideration The staff has reviewed the licensee's no significant hazards consideration determination and agrees with the. licensee's analysis.. Amolara.atr..the Commission proposes to determine that the proposed changes to the Technical Specification involve no significant hazards consideration. Local Public Document Room. location: Waukegan Public Library. 126 N. County Street. Waukegan, illtnois 80085. Attorney to licensee: P. Steptoe,Esq.. (sham. Lincoln and Beale. Counselors at Law, Three First National Plaza, slat Floor. Chicago. Illinois 80802 NRC Project Director. Daniel R Molk!a'- Commonwealth Edison Compaay, Docket Nos. 50.295 and M-304. Zion Nuclear Power Station. Unit Nos.1 and 2. Lake Cooney. Blinds Date of application for amendments April 0, 1987 Description of amendments request These: amendments expend the. contentment isolation valve list correct minor errors, and incorporate the guidance of 1VliRf -mast Rev. 4. as. follows Pegs hi. viii, m. x. irk These paged. update the Table of Contents and List of Tables. Purges St992 t99b These pages update the existing guidance of the Zion Technical: Specifications regarding containment isolation vaives_ The proposed gtddance is consistent with that contained in the Standard Technical Specification NUREG1M64. Rev. 4_ -. Page 200: This page updates guidance regarding rasinsteam isolation valves with guidance consistent with the Standard Technical Specifications as discussed above. Page 201:This page capitalizes the defined term, containment intercity. as discussed in Section 1.0 of the Technical Specifications. In addition, this page deletes the guidance that was previously contained in Section 3.9.4.0. This settfo e provided for the option of 3 -loop operation following the failure of an latSIar. Seetton 2C.4 of the Zion Composite License prohibits operation wilt less: than 4 reactor coolant loops above P-7 (approximately 10 percent teectorpower} Thus: the guidance - .previously contained in Section 3.9.4.C conflicted with this license requirement Page 20t Ilds page is blank doe to Poge Z t Thia page involves a correction of a aainor error and incorporates a revised format Pages 205, 205a.200. 207. 207a. 7a 207c, 208: These pages contain revised and expanded lists of Zion Station's containment isolation valves_ These tabled are divided into Phase A. B: manually operated and "other" containment isolation valves. Page 20& This table explicitly defames the main steam isolation valves and their bypasses. Pages 202 2ta 271• These pages provide the revised bases for the proposed naps discussed above. Basis for proposed no significant hazards consideration determine:do r The Commission has provided standards for determining whether a significant hazar s consideration exists (10 CFR SOA(c)). A proposed amendment to an operating license for a facility involves no significant hazards coesideratioa if operation of the facility in accordance with the proposed amendment would not (1) Involve a significant increase in the probability or consequences of a accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously evaluate& or (3) involve a significant reduction in a - margin of safety. The licensee provided the following discussion regst&ag the above three criteria Criterion t An amendment to the Zion Facility Operating license is proposed to update the listing of the containment isolation valves forZion Station, and to correct minor errors within Sections 3.9 and 4.9_ This proposed change does not affect the operation of Zon Station's containment isolation systems The expansion and updating of the containment isolation valve list for Zion Station will allow for better administrative control over this system. The incorporation of the guidance contained in the Standard Technical Specification NURP.C#52, Rev. 4. provides needed clarification and guidance to Sections 3.9 and 4.9 of the Zion Technical Specifications_ The formalization of the prescribed actions and allotted time periods constitute revised and clarifledconstraints on the operation of Zion Station - Since the improvement in the Zion Technical Specifications described above hats no effect on the physical operation of the containment isolation system, tins proposed amendment has no effececa any accident that has been previously evaluated:In addition: this proposed Change hatno effect on any I$ 7E Federal Register J Vol 5Z,.No: 97 / Wednesday, May 20. 1987 J Notice* other Zion system or structure. Mel gore this proposed amendment does not involve a significant increase in the probability of or consequences of any accident previously evaluated Criterion The clarification of the requirements of Sections 3.9 and 49, the incorporation of the guidance contained in NUREG 0452. Rev. 4: and the expansion of the containment isolation valve list has no effect on any of Zion's systems or structures. Them will be no change in the normal operation of Zion's containment isolation systems. Thus. there can be no potential for any previously unanalyzed malfunction or component failure. The containment isolation system is intended to contain any postulated release of radioactively from the reactor coolant system within the containment structure. Thus. the containment isolation systems performance is essential during any postulated accident sequence that may involve the release of radioactive material to the containment environs. The analyses for these accidents contained in Zion's FSAR have been reviewed. Based on the lack of system interaction discussed above. the proposed amendment of the Zion Technical Specifications will not affect any of these pre-existing accident vee„ences- Thua this proposed amendment does not create the possibility of a new or different kind of accident from those previously evaluated. Criterion 3 The incorporation of the guidance cm:minedin NUREG0452. Rev. 4, and the expansion of the containment isolation valve list will not affect the safety function of the containment isolation system. The containment isolation system will remain continuously available to perform the intended safety function. Since thecontainment isolation systems ability to effectively contain any postulated release of radioactivity inside of the Zion containment structure will be unaltered by- this proposed change. there willbe no change in the margin of safety. This proposed change involves the expansion of the containment isolation valve list, the expansion and clarification of the prescribed actions. the correction of minor errors. and the deletion of conflicting requirements. Thus. examples (i)and (ill are applicable in this: instance. Examples (I) and (fi) read as follows: (i) A purelyadministrative change. to Technical..Specificationtfor example, a change to achieve consistency throughout the Technical Specification.._. correction of aneror, or a change in nomenclature.. (ii) A change that constitutes an additional limitation restriction. or control not presently included in the Technical Specification for example. a more stringent surveillance requirement. Therefore, since the application for amendment satisfies the criteria specified in lOCFR 50.92 and is similar to examples for which no significant hazards consideration exists, Commonwealth Edison Company has made a determination that the application involves no significant hazards consideration. The staff has reviewed the licensee's no significant hazards consideration determination and agrees with the Licensee's analysis. Accordingly, the Commission proposes to determinethat the proposed changes to the Technical Specification involve no significant hazards. consideration. Loco] Public Document Room location; Waukegan Public Library. 128 N. County Street, Waukegan, lllinoia 90085. - Attorney to licensee: P. Steptoe; Esq., 'sham. Lincoln Beale, Counselors at - Law, Three First National Plaza: Slat Floor. Chicago, Illinois806n.. NRC Project Director. Daniel R. Muller Detroit Edison Company,Docket No. SO - 341, Fermi -2, Monroe County. Michigan Pateofamendai request• Ap '127 1997 (VP -NO -87-0035) -... Description of amendment request: The proposed amendment would revise the Fermi -2 Operating License No. NPF- 43 Plant Technical Specification: 3/4.6.1.7 to change the &rya average air temperature limit from 135°F to 1457 to ensure continuous plant operation during the summer months without the need to deride plant operations.. Basis for proposed no significant hazards consideration determination: The Commission has provided standardsfor determining whether no significant hazards consideration exists as stated in t0 CFR 50.92(c). A proposed amendment to an operating licensefor a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not: (1) involve a significant increase in the possibility or consequences of an accident previously evaluated; or{2) create the possibility of a new or different kind of accident from an accidentpreviously evaluated: or (3), involve a significant:reductioaia a margin of safety. The ficensee,has determined hat I. The proposed increase in the drywell average air temperature limit does not involve a physical modification to the plant or change in operating practices. It does, however. involve a change in the limiting conditions for operation.which has been evaluated for. (1) impact on equipment environmental qualification requirements: (2) drywell concrete (structur9l) design requirements: (3) piping and piping support design requirements: and (4) the balance of safety -Milted mechanical equipment in the drywell. A reanalysis of the design basis loss of coolant accident (LOCA) indicates that the dynamic loads and contaimnent response during a LOCA are bounded by the accident analysis documented in .the Final Safety Analysis Report. and that peak drywell and wetwell pressures and the ,drywell pressurization rate. due to the higher temperature limit, actually decrease. Although operation at the higher temperature limit of 1457 could potentially accelerate aging of certain system components such as seals. solenoid valves and pressure switches. which may require earlier replacement. these components are periodically monitored by the Environmental Qualification Preventive.Maintenance Program to ensure that any accelerated aging of those components will be detected and not inhibit their intended. safety functions. In view-o:T these determinations. the proposed change would not involve a significant increase m the possibility or consequences of an accident previously evaluated. - Z The. proposed change to increase the drywell average air temperature to 145°F does not create the possibility of a new or different kind of accident from. any accident previously evaluated. The increase in drywell average air temperature has been analyzed to be within the bounds of the results' established in the Final Safety Analysis Report for the: design basis LOCA. Thus. the change would not impact plant performance and would not provide an opportunity for the plant to enter into a condition not previously evaluated. 3. The proposed change to increase the drywell. average air temperature to 145E doesnot involve a significant reduction in safety. margin. Reanalysis of the design basis LOCA at the higher temperature indicates that (here is no significant impaa on the dynamic loads or the containment responseduring a LOCAL The design basis LOCA reanalysis. also indicates that the peak. drywall and wetwall pressures, and drywell pressuraatioa: rote. actually.. '..:dectease with the proposed increase in _ Federal Register / VoL 52. No. 97 / Wednesday, May 20, 1907 / Notices 18977 the drywell average air temperature. thus enhancing the safety margin. TheCommission'agrees with the licensees determination and proposes to determine that the change requested to Technical Specification 3/4.8.1.7, as described above. does not involves significant hazards consideration. Local Public Document Room location: Monroe County Public Library System. 3700 South Custer Road, Monroe. Michigan 48181. Attorney for licensee: John Flynn, Esq.. The Detroit Edison Company. 2000 Second Avenue. Detroit, Michigan 48228. NRC Project Director. Martin J. Virgilio, Acting - Duke Power Company, Docket Nos. 50- 369 and 80.370, McGuire Nuclear Station, Units 1 and 2, Mecklenburg County, North Carolina Dote of amendment request- April 9, 1987 Description of amendment request: The proposed amendments would change the Technical Specifications (TSs) to reflect the third refueling of Unit 2 and its fourth fuel cycle. (The refueling for Unit 2 Cycle 4 would continue the transition to use of optimizedfuel assemblies (OFAs) initiated during the first refueling and would replace an additional 64 standard fuel assemblies with OPAL thus,184 of the total 193 fuel assemblies in Cycle 4 would be OFAs.) The existing TS figures for axial flux differencelimits as a function of rated thermal power would be relabeled such that the existing figure for Unit 1 only (Figure 3.24a) would apply to both Units 1 and 2 and the existing figure for Unit 2 only (Figure 3.2-1b) would be deleted. The TS Index would be updated consistent with these changes. The proposed amendments would also increase the limit specified for heat flux hot channel factor (Fq) for both Unit 1 and Unit 2 from the present value of 228 to 2.32 This change would be reflected in each of several TSs presently specifying 228, including TSs 3.2.2. 42.2-Zc. 4.2.2.2f. 4.2.2.3, 4.22,4c. 4.224f.2 and Bases 3/4-2.1. A corresponding change would be made to TS Figure 3.2- 2 which shows normalized Fq as a function of core height (i.e-, the revised normalized figure would be based upon a total Fq of 2.32 rather than 22&) The title of TS &9.1.9, "Radial Peaking Factor Limit Reporrtwould be changed - to "Peaking Factor Limit Report." This change would also be reflected in the TS Index:The schedule In TS 6.9.1.9 for providing the peaking factor limit report to the NRC would be changed from eo daysbefore Cycle initial criticality (or 80 dayttbefore W(Z) functions end the value for'APLaa would become effective) to 30 days after implementation. The change would"also update the NRC addressee specified in TS 8.9.1.9 for receipt of the peaking factor limit report (i.e. the NRC's Core Performance Branch would be changed to the NRC Document Control Desk, with copies also specified to be provided to the Regional Administrator and the Resident Inspector) based upon changes in the Commissions regulations (51 FR 40303). TS 8.9.1.9 would also be supplemented to specify that the methodology used to generate the W(2) functions for Relaxed Axial Offset Control (RAOC) and base load operation and the value for APLMe shall be those previously reviewed and approved by the NRC (ire., from W CAP - 10218 "Relaxation of Constant Axial Offset Control-Fq Surveillance Technical Specifications"). If changes to these methods are deemed necessary. the revised TS &9.1.9 would specify that such changes are to be evaluated in accordance with 10 CFR 50.59 and submitted to the. NRC for review and approval prior to their use if the change is determined to involve an unreviewed. safety question or if such a change would require amendments of previously submitted documentation. Basis for proposed no significant hazards consideration determination: On April 20.1984, the Commission issued Amendment No. 32 to Facility Operating License NPF' 9 to change the Technical Specifications to permit changes in operating limits related to the transition to the use of optimized fuel assemblies in McGuire Unit 1. A similar amendment for Unit 2 (Amendment 23) was issued March 22 1995. Accordingly. beginning with their fast refueling* for Cycle 2 Unit 1 and Unit 2 operated with the first stage of a transition core consisting of approximately 1/3 Westinghouse 17x17 Optimized Fuel Assemblies (OFAs) and 2/3 Westinghouse 17x17 low -parasitic fuel assemblies (STDs). During Cycle 3, each unit contained about 2/3 OFAs and 1/3 STDs- Unit 1 is currently operating in Cycle 4 and Unit 2 will achieve Cycle 4 by its next refueling In Cycle 4,184 of the total 193 fuel assemblies are OFAs. The major differences between STDs and OFAs are the use of Zircalay grids for the OFAs versus Inconel grids for sm. and a reduction in fuel rod diameter. The OFA fuel has similar design featurescomparedto the STD fuel. wtdchltes had substantial operating experience In a number of nuclear plants: Major advantages for utilizing the OFAs are: (1)Increased efficiency of, the core by reducing; the amount of parasitic materiel and (2) reduced fuel cycle costs due to an optimization of water to uranium ratio. The proposed amendments would provide for plant operation consistent with the design and safety evaluation conclusions in the licensee's McGuire Unit 2 Cycle 4 Reload Safety Evaluation (RSE). The changes to the Technical Specifications would reflect adjustments in the limiting conditions and surveillance requirements for (1) axial flux difference and (2) heat flux hot channel factor, consistent with the parameters used in the RSE The Commission proposes to determine that the amendment request involves no significant hazards consideration_ Under the Commission's regulations in 10 CFR 50.92. this means that operation oLthe facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated: or (2) create the possibility of a new or different kind of accident from any accident previously evaluated or (3) involve a significant reduction in a margin of safety. The McGuire Unit 2/Cycle 4 RSE accompanying the licensees amendment request of April 9.1987. describes all of the accidents comprising the licensing bases which could potentially be affected by the fuel reload for the Unit 2 Cycle 4 design. The results of the analysis conclude that: a. The Westinghouse OFA reload fuel assemblies for McGuire 1 and 2 are mechanically compatible with the STD design, control rods. and reactor internals interfaces. Both fuel assemblies satisfy the current design bases for the McGuire units. b. Changes in the nuclear characteristics due to the transition from STD to OFA fuel will be within the range normally seen from cycle to cycle due to fuel management effects. a The reload OFAs are hydraulically compatible with the current SID design_ d The accident analyses for the OFA transition core were shown to provide acceptable results by meeting the applicable criteria, such as. minimum. DNBR peek pressure. and peak dad temperature. as required The previously reviewed and licensed safety limits are met e. Plant operating limitations given in the Technical Specifications will be satisfied with the proposed changes. Fromtheseevaluations; itis concluded that the Unit 2 Cycle 4 design does not cause the previously acceptable: safety limits to be exceeded. The CommissIMI has provided ' examples of amendments likely to 18978 Federal Register / VoL 52, No. 97 / Wednesday. May 20. 1987 / Notices involve no significant hazards considerations (51 FR. 7744). One example of this type is (vg, "A change which either may result in some increase to the probability or consequences of a previously analyzed accident or may reduce In some way a safety margin, but where results of the changeare clearly within all acceptable criteria with respect to the system or component specified to the standard review plan: For example. a change resulting from the application of a small refinement of a previously used calculational model or design method". Because the evaluations previously discussed show that all of the accidents comprising the licensing bases which could potentially be affected by the fuel reload were reviewed for the Unit 2 Cycle 4 design and conclude that the reload design does not cause the previously acceptable safety limits to be exceeded the above example can be applied to this situation. Accordingly. the Commission proposes to determine that these changes for the Unit 2 Cycle 4 reload, including the changes ten axial flux difference, and heat flux hot channel factor, do not involve a significant hazards consideration. By previous Amendments 32 (Unit 1)/ 13(Unit 2) and Amendments 42 (Unit 1)/ 23 (Unit 2). McGuire changed to a type of Fq function for which the title "Radial Peaking Factor Limit" was no longer appropriate. The previous amendments failed to correct the title of TS 8.9.1.9. The proposed amendment would correct the title by deleting "Radial". Also, during its licensing review of another nuclear plant (Vogue Nuclear Station). the Commission determined that the safety of a plant would not be affected if the peaking factor limit report required by TS 89.19 were submitted 30 days after implementation rather than eO days before criticality, provided the methodology used was previously reviewed and approved by the NRC and changes to this methodology are subject to the requirements of 10 CFR 5058. The proposed change in the McGuire schedule would includethese conditions in the revised TS MUSE Another example of actions not likely t0 involve a significanthazards consideration, example (i), relates to a purely administrative change to technical specifications to achieve consistency throughout the technical specifications, correction of an error. or a change In nomenelature,;The Commissionproposes to find. that the changes to the'TS index: the title and submittal schedule and NRC addreasee in TS 8.11.ft and changes to: Unit 1 specifications which do notthange the • content for Unit 1 but whim eliminate the distinctions between units within the common document (as is the case for Figure 3.2-1) ere administrative and involve no significant hazards consideration. Local Public Document Room location: Atkins Library, University of North Carolina, Charlotte (MCC) Station. North Carolina 28223 Attorney for licensee: Mr_ Albert Carr, Duke Power Company. 422 South Church Street Charlotte. North Carolina 28242 NEC Project Director. B_ f. Youngblood Duke Power Company, Docket Nos.50- 289,10-270 and 50-287, Oconee Nuclear Station, Units 1, 2. and 3, Oconee County, South Carolina Date of amendment regent April 10. 1987 Description of amendment request The proposed amendments would revise the Stations common Technical Specifications (TSs) to revise TS 8.1.14 and allow the Superintendent of Operations to hold or have held either a senior reactor operator (SRO) license or SRO certification- The current TSs require that an SRO license is required to be held or have been held for this position. The licensee propose to include the option of SRO certification. Basis for proposed no significont hazards consideration determination: The proposed amendment revises the requirements for holding the Superintendent of Operations position at Oconee. The requirements are specified in Section 81.14 in the Administrative Controls/Organization Section. Presently the Superintendent of Operations must hold or have held an SRO license. This proposed amendment includes an option to the requirement so an SRO certification will also qualify s candidate for the Superintendent position To ensure the quality of operations through qualified management the licensee has developed an SRO certification program to provide a course of study and experiences similar to that of an SRO during normal and abnormal conditions_ The licensee SRO certification program was designed for non-licensedmanagement personnel who are required to have an understanding of plant operations. The certification program training is equivalent to the SRO license training and is administered through completion of an NRC format audit exam which certifies technical competence of trainees. This audit exam consists of a written exam,' simulator operation and plant walkthrough examination. Candidates for.. certification do not take the NRC license exam since their positions do not require actual operating of the plant The licensee states that the SRO certification program was based on ANSI 3.1 Standards, previous commitments and the NRC approved Cold License Certification program. The SRO license Preparatory program is an. INPO accredited program and is approved by the NRC. The licensee has defined this progrem and the SRO Certification Program in the Employee Training and Qualification Manual The licensee determined that the SRO Certification Program meets or exceeds ANSI 3.1 Standards thus providing adequate technical knowledge to qualify management personnel to assume the responsibilities of the Superintendent of Operations. The Commission has provided standards (10. CFR 5092(c)) for determining whether a significant hazards consideration exists. A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not: (1) involve asignificant increase in the probability or consequences of an -accident previously evaluated: or (2) create the possibility of a new or different kind of accident from any accident previously evaluated or (3) involve a significant reduction in a margin of safety. The proposed amendment would not involve a significant increase in the probability or consequencea of an accident previously evaluated. The details of position requirements are included in the Administrative Controls section of the TSs and have no impact on the probability or consequences of any accident analysis. The proposed amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated because the change offers an option to qualify for Superintendent of Operations. The proposedamendment would not involve a significant reduction in a margin of safety. Inclusion of the SRO certification may prove to be an acceptable experience alternative and may not lower the quality standards that the license maintains in nuclear station personnel.:. Therefore, the proposed action would not:. (I) involve a significant increase in the probability -or consequences of an accident previously evaltmted: or (2) create the possibility of a new or different kind of accident from any _ Federal Register / Vol. 52, No. 97 / Wednesday, May 20, 1982 / Notices 18979 accident previously evaluated: or (31 involve a significant reduction in a - margin of safety. On this basis the Commission proposes to determine: that the application involves no significant hazards consideration Local Public Document Room location: Oconee County Library. 501 West Southbroad Street. Walhalla, South Carolina 29591 Attorney for licensee: J. Michael McGarry. III. Bishop. Liberman Cook, Purcell and Reynolds, 129017th Street. NW_ Washington DC 20038 NRC Protect Director. 8. j. Youngblood Florida Power and Light Company, Docket No. 50.335, SL Lucie Plant- Unit No. 1, St. Lucie County, Florida Date of amendment request: March 17. 1987 Description of amendment request: The licensee proposes to make administrative changes to the technical specifications to remove outdated material, make minor text changes. and correct typographical errors. The changes are grouped into five categories. Category 1 changes deal with changing the units of reactivity. The licensee proposes changing "% delta k/ k" to "pent" wherever "% delta k/k" is used in the technical specifications- One "% delta kik" equals 10" pcm. Category 2 changes deal with removal of requirements that are currently outdated. These requirements were either effective for a period of time that is now past, or they have become redundant to requirements in another. section of the technical specifications. The changes dealing with the former are: (1) modified. incore detector system operability requirements which were temporarily in effect until October 1. 1981 (TS 3.3.3.2): (2) modified power operated relief valve block valve action statement which wastemporarilyin effect until October 1,1981(TS 3.4.12): and (3)Commission approval of offsite dose calculation manual (TS 8.14:1) and. process control program (TS 6.13.1). The change dealing with the latter is removal of specific technical specifications dealing with seconda-ry water chemistry. which were never fully defined (TS 3/ 4.1.8), The valid secondary water chemistry technical specifications are contained in the administrative controls part of the technical specifications (TS.. 4.8:4:0). Category 3 changes represent typographical errors. Category 4 changes correct the titles of the Company Nuclear Review Board: Category 5 changes ensure that the required 10 CFR Part 50 reports are sent to the Document Control Desk; Washington. DC 20555. Basis for proposed no significant hazards consideration determination: The Commission has provided guidance for the application of standards for determining if a no significant hazards consideration exists by providing examples of amendments that are considered not likely to involve significant hazards consideration (51 FR 7751). One of these examples.. (i), is a purely administrative change to technical specifications: for example, a change to achieve consistency throughout the technical specifications. correction of as error, or a change in nomenclature. The proposed changes come under this example. Category 1 changes only the reactivity units: the correct reactivity will still be in effect as far as the technical specification is concerned. Category 2 changes' requirements that are either outdated and no longer in effect or are more appropriately specified in another part of the technical specifications. Category 3 corrects typographical errors, an example of an administrative change given in 51 FR 7751. Category 4 provides the correct make-up of the CNRB with correct titles: Category Schanges ensure that the required 3O CFR Part 50 reports are forwardedtothe Document Control Desk in Washington DG Based upon the above. the staff proposes to determine that the proposed amendment involves no significant hazards consideration. Local Public Document Room location: Indian River Junior College Library. 3709 Virginia Avenue: Ft. Pierce, Florida 33450. Attorney for licensee: Harold F. Refs. Esquire.. Newman and Holtzinger.1815 L Street. NW., Washington, DC 20038 NRC Project Director. Lester S. - Rubenstein Florida Power and Light Company, Docket No. 50-335, St. Lucie Plant: Unit No: 1, St. Lucie County. Florida Dote of amendment request April 1, 1987 Descriptforrof amendment request: The Unit No. l technical specifications currently contain tables which identify safety -related hydraulicsnubbers and safety-relatedmechanical snubbers. The snubbers ensure that the structural integrity of thereactoecoolant system and: all other safety -related systems is maintained during and followiaga seismic event or other events initiating. dynamic loads. ' The Commission issued Centric Lettet 84-13: entitled —Technical Specifications:.. for Snubbers' on May 3.1984- The Generic Letter stated that the staff reassessed they inclusion of snubber listings within the technical e specifications and concluded that such listings are not necessary provided the snubber technical specification is modified tospecify which snubbers are required to be operable. In response to the Generic Letter, the licensee proposed to: (1) delete Table 3.7-2a which identifies safety -related hydraulic snubbers and Table 3:7-2b which identifies safety -related mechanical snubbers. (2) modify the technical specification wording in various locations to state safety -related snubbers versus snubbers; (3)maintain the actual listings in a document: and (4) implement any changes in snubber quantities, types, or locations as a change to the facility as controlled under the Commission's regulation 10 CFR50.59: In addition to the above changes. the licensee also proposed to remove snubber -related requirements that are outdated_ This consists of the first inservice visual inspection requirements which have already been fulfilled and the deletion of a footnote concerning the waiving o£ mechanical snubber functional teat requirements until startup following the fifth refueling outage. which has already occurred. Lastly, the licensee proposed to correct an error in a reference contained in the snubber service life monitoring specification (TS 4.7.10.f). The current reference is -Specification 8.102.m." The correct reference should be 'Specification 8_10_2_1. - Basis for proposed no significant hazards consideration determination The Commission has standards for determining whether a significant hazards considerations exists as stated in 10 CFR 50.92(c). Aproposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated: or (2) Create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) Involve a significant reduction in a margin of safety. _ The licensee addressed the above three -standards inthe amendment application. In regard to the first . standard: the licensee provided the following analysis: .. the changes being proposed by FPL are administrative: they do, not affect _ easumptionecontained in plant safety 18980 Federal Register / Vol. 52. No. 97 / Wednesday. May 20. 1987 / Notices analyses. nor do they affect Technical Specifications that do preserve safety analysis assumptions. Safety related snubbers will continue to be controlled and surveilled *wording to Technical Specifications. Changes in snubber quantities. types, orlocations would be s change to the facility and would be adequatelycontrolled par the provisions of 10 CFR 50.54. Therefore. the proposed changes do not affect the probability or consequences of accidents previously analyzed. In connection with the second standard, the licensee states that: ... the changes bdug proposed by Fin. are administrative they will not lead to physical modifications. These changes do not add to. or delete from, the total number of plant snubbers available to provide dynamic load support during and following a seismic event or other initiating dynamic bads. Therefore. the proposed changes do not create the possibility of s new or different kind of accident. Regarding the thud standard. the licensee slates that: the changes being proposed by FPL are adminisrattvc they do not modify the safety margins defined b and msintabned by the Technical Spedficatbas. nit NRC has concluded that snobber listings are not necessary provided the snubberTecimical Specification specifies which snubbers are required to be OPERABLE. The snubber LCO has been clarified to show that all safety related snubbers must be OPERABLY- This change does not involve a significant reduction in a margin of safety since: t) the L.CO dearly specifies which snubbers are required to be OPERABLE. and R) the snubber listing will be maintained via controlled doamrents. The staff has reviewed the licensees no significant hazards consideration determination analysis. Based on this review, it appears that the proposed amendment does not involve an increase in the probability or consequences of events previously evaluated and that the propoeed amendment will not create the possibility or a new or different kind of accident from any previously evaluated. Likewise, it does not appear that the margin of safety is reduced- The snubber listings will be moved to another document and controlled under 10 CFR 50.59. The proposed technical specifications make it dear that safety related snubbers are enveloped. The removal of outdated. requirements is administrative in. nature. as well as the correction to a specification reference Based upon the above discussion, the staff proposes to determine that the proposed changes do not involve a: significant hazards consideration. LocoiPublic Document Room location: Indian Riverjunior Library.3209 Virginia Avenue. Fort Pierce. Florida 33450 Auomey for licensee: Harold F. Reis. Esquire. Newman and. lioltzinger..1615 L Street. NW., Washington. DC 29036 NRC Project Director. Lester S. Rubenstein Florida Power and Light Company. et al.. Docket No. 50489. St Luce Plant, Unit No. 2. SL Lucie County. Florida Dote of amendment request: March 31. 1987 Description of amendment request: The licsnsee proposes to make administrative changes to the technical specifications to remove outdated material, make minor text changes, and correct typographical errors. The changes are grouped into five categories. Category 1 changes deal with changing the units of reactivity. The licensee proposes changing "K delta k/ k" to "pcm" wherever "% delta k/k" is used in the technical specifications.One "% delta k/k" equals W3 pan. Category 2 changes deal with the removal of mquireinents that are currently outdated. These requirements were in effect for a period of time that is now past and included such items required before initial criticality, prior to initial 5% power, and the like. Category 3 changes represent typographical errors. Category 4 changes will correct the titles of the Company Nuclear Review Hoard (CN''RB). Category 5 changes ensure that the required Part 50 reports are sent to the Document Control Desk, Washington. DC 205%5. Basis for proposed no significant hazards consideration determination. - The Commission has provided guidance for the application of standards for determining if a no significant hazards consideration exists by providing examples of amendments that are considered not likely to involve significant hazards consideration (51 FR 7751). One of these examples. M. is a purely administrative change to technical specifications'. for example, a change to achieve consistency throughout the technical specifications. correction of an error, or a change in nomenclature. The proposed changes come under this example. Category 1 changes the reactivity units: the correct reactivity will still be in effect as far as the technical specification is concerned. Category T changes requirements that are outdated and nolonger in effect but which havebeen met. Category 3 are. typographical' 'mutt Category 4 . provides the correct titles of the OMR Category s changes ensures that the required. Part. 50 reports n forwarded to the Document Control Desk in Washington. DC. Based upon the above. the staff proposes to determine that the application for amendment involves no significant hazards consideration Local Public Document Room location: Indian River Junior College Library. 3209 Virginia Avenue. Fort Pierce. Florida 33450 Attorney for licensee Harold F. Reis. Esquire. Newtdan and Holtzinger..1815 L Street, NW., Washington. DC 20038 NRC Project Director. Lester S. Rubenstein GPU Nuclear Corporation. Docket Nn. 50-219, Oyster Crack Nuclear Generating Station, Ocean County, New Jersey Date of amendment request Match 17. 1987 (TSGR 158) Description of amendment request: The proposed amendment would revise Section 33. Reactor Coolant of the Appendix A Technical Specifications (TS) regarding the requirements of Generic fetter 8441. %pacifically. the licensee is proposing to increase the current requirements in TS 33.D.1.m The proposed amendment is to have the reactor coolant system leakage limited to a 2 gpm increase in unidentified leakage rate within any 24 hourperiod while operating at steady state power. The current TS requires this within any 4-bour period Basil for proposed v,,,,�,,,r no significant hazards consideration determination: in response to astaff request dated September 5,1988, conceming Generic Letter 84.11, the licensee has proposed Technical Specification Change Request No. 158. The licensee's proposed change inpeabea the requirements on reactor coolant unidentified leakage in the TS. The licensee has evaluated its proposed change against the standards in 10 CFR 5092 The insults are as follows-. By a kner dated September 51/4 7986. the NRC requested CPL) Nuclear (GPUM the licensee for the Oyster (reek Nuclear Generating Station (OCNCS) to justify its Tecbniu; Specification f1S) requirements (T53.3D.1.c) for onidentifed leakage against the requirements of Generic Letter IGL) Bt -11. attachment 1. item Ile Briefly, 00.ICS TS33Da.c states that reactor coolant system leakage shall be limited to a Z gam increase in =identified leakage rate within any 4 -hour period while operating at weedy state power. GL 84-11 states that a maximum increase in unidentified leakage rote within any Zs-anur period while operating would be sufficiently restrictive to ensure timely investigation of potential through -wall cracks in austennic ataalest weelpipiug.. GPUN agrees that the OCNCS T535Da.c for the unidentified leakage is not as restrictive as the semare ents of GLat•11 and is proposing this amendment to rep :se the time interval from:4 hours to Z4 hours. Federal Regfater / VoL 52, No. 97 /Wednesday. May 20. 1987 / Notices 18981 Since this proposed amendment increases tha time interval for the same flow rata (total. this change place* a more restrictive requirement on the maximumallowable rata of increase for the unidentified reactor coolant system leakage. This proposed change would increase the margin of safety through more restrictive limiting conditions of operation for the unidentified reactor coolant system leakage. Likewise. the mart restrictive limiting conditions of operation would provide for the timely detection of potential cracks. and would decrease the probability of a design basis loss -of -coolant accident Based upon the kereinbefare dismission. we (the licensee( have evlaated that this change request bivalves no significant hazards considerations. In suntunary, we have determined that the proposed amendment world not: a. Involve a significant Merest in this probability or oessegeences of an saddest previously evaluated: This proposed change wtw)d plain a mare restrictive limiting conditions of operation for the unidentified reactor coolant system leakage which provides for tie timely detection of potential through -wall cracks is austenitic stainless steel piping. By this timely detection the probability of a design basis loss -of -coolant accident would not have any effect on the consequences of the design basis accidents previously evaluated. b. Create the possibility of a new or different kind of accident from any accident previously evaluated: This proposed change only places more restrictive limiting conditions of operation for theunidentified reactor coolant system leakage. so thin proposed change does not crew ie the possibility of a new or different kind of accident. c. Involve a significant seduction is • martin of safety: This proposed change would increase the margin of safety by the initiation of timely actions for the detection of potential through - wall credit' in austenitie stainless steel piping, and thereby reduces the probability of a design basis loss -of -coolant accident. The staff has reviewed the licensee's no significant hazards consideration determination and agree, with the licensee's analysis. Therefore, the staff proposes to determine that the application for amendment involves no significant hazardtcomideretiar. Local Public Document Room location: Ocean County Library, 101 Washington $tteet toms River: New Jersey 08753.:: Attorney for licensee: -Ernest L Blake. It: Shaw: PU.0Mo, Potts. and Trowbridse,.2300 N Street NW., Wasbulgtert DC *37. _ MAC Anoject Director Joint P. Stela Georgia Power Company. Oglethorpe Power Corporation, Musddpd Electric Authority of Georgia. City of Oaken, Georgia. Docket No. Se -C24, Vogt'. Electric Comrades Plant, Unit 1, Burke Comity. Georgia Dots of oseendment mount March 30. 1987 Description of o nepdment request The proposed amendment would increase the shutdown matgin requirements shown in Technical Specification (TS) Figure 31-2 and change the title of Fists, 3.1-2 The proposed title change would avoid confusion with TS Figure 3.1-1 and be consistent with TS 3.4.1:3. Technical Specification 3.1.12 specifies. the minimum shutdown requirement during operation in bfodes 3.4. and 3. Currently. TS Figure 3.1-2 shows the required shutdown margin for Mode 4 when no reactor coolant pumps (and at least one residual heat removal pump) are in operation and for Mode 5 at all times. Based upon its review of the Diablo Canyon natural circulation test results. the staff concluded that under low flit►, natural circulation conditions. the water in the reactor vessel upper heed could become stew:ant and not actively mix with the remainder of the reactor coolant Therefore, berated water in the tipper head would not be able to contribute to the mitigation of a boron dilution event Because of the revised NRC staff position. Westinghouse reanalyzed the Vogue boron dilution accident for Modes 4 and S wi'dt no reactor coolant pumps operating while not taking credit for the berated water contained in the reactor vessel upper heed Thfa tower assumed water volume results in e reduction of the time available to the operator (a minimum of 15 minutes from the time of the high flux at shutdown alarm to the total lose of shutdown me m). Therefore, the reanalysis resulted in a slightly greater boron requirement which increases the time available to the operator so that the safety design bases continue to be met The revised TS Figure 3.I-2 is consistent with the Westinghouse reanalysis of the boron dilution event in Modes 4 and 5 with no reactor coolant pumps fn' operation. Additionally. the title change removes the overlap regarding pump .. operation which currently exist* between TS Tables 3.1-1 and 212 Basisfor proposed easignificant hazards -consideration determination: The Commission has provided standards for determining whether a significant hazards oinsideration exists• at stated la 10 CFR 3092. A proposed amendment to an operating dome for a facility involves no significant hazard, consideratioas if operation of the facility in accordance with a proposed amendment would Wt. (1) involve* significant increase in the probability or consequences al an accident previously evaluated: or (21 create the possibility of a new or different hind of accident from any accident previously evaluated; or (3) invah e a significant redaction in a margin of safety. The staff has reviewed the licensee's request and has determined that should this request be implemented it would not el) involve a significant increase in the probability or consequences of an accident previously evaluated The only effect of the proposed change is to increase the required shutdown margin during low reactor coolant Row conditions in order to counterbalance the decrease in the assumed available mixing volume for mitigation of boron dilution events. Also. the licensee's proposed changes would not (2) create the possibility of a new or different kind of accident from any accident previously evaluated because no new ornovel features wovfd be added to plant design. Finally. the licensee's proposed changes would not (3) involve a significant redaction in it margin of safety because the increased boron requirement axmterbaiaoces the reduced available water volume se that the previous safety design bases continue to be met. One of the Commission's maniples £a 51 FR 7744 of actions likely to involve no significant hazards oonsideradom is Lilt "a purely administrative change to technical specifications: for example, a change to Ratites, consistency throughout the technical specifications, correction of an error, or change in nomenclature." The proposed change to modify the title of TS Figure 3.1-2 represents a change that meets the guidance provided by this example bereese the change corrects ate error in the title. Accordingly. the Commission proposes to determine that the proposed changes involve no significant hazards consideration.. Local Public Document location: Burke County Public f.ixery. 4th Street. Waynesboro, Georgia 30630 Attorney for licensee Mr. Arthur FL Domtee Troutman. Sanders. 'Ackerman and Ashmore. Candler Building. Suite 1400. 1Z, Peachtree Street: NE, Atlanta, Georggie 30043 YNRC c Project ritic H. J. 189(3'2 Federal Register / Vol. 52, No. 97 / Wednesday. May 20. 1987 / Notices Iowa Electric Light and Power Company. Docket No. 50.931. Rune Arnold Energy Center, Linn County, Iowa Date of amendment request- September15,1986 Description of amendment request. The proposed license amendment would - revise Duane Arnold Energy Center Technical Specification Sections 3.8.E and 4-6.E and the associated bases to reflect the latest General Electric guidance on jet pump operability and surveillance requirements. Basis for proposed no significant hazards consideration determination: The: Commission hasprovided standards (10 CFR 5092(cj) for determining whether significant hazards consideration mdsts: A proposed amendment to anoperating. license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase In the probability or consequences of an accident previously evaluated: (2) create the possibility of a new or differentkind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety. The licensee has provided an analysis ofeacb of- the 'above criteria for the amendment request as follows: In reviewing this proposed request for Technical Specification change sve have concluded that this amendment= (1) doer not involve a significant increase in the probability or consequences of an accident previously evaluated. These changes are based upon Ges recommendations (SR. 0) and are derived from evaluation of actual in -plant data from facilities where failures of jet pump hold-down beams have occurred The NRC has approved the same Technical Specification changes for facilities similar to the DAEC. The jet pump flow and WP signals are inherently noisy at low pump speed/core flow. Thia is because the natural circulation effects dominate the flow through the core. As the pump speed increases, the forced circulation overcomes the natural circulation and the process stabilizes, allowing more reliable readings of jet pump performance to be obtained. The present Technical Specifications require an Immediate plant shutdown if the present surveillance requirements are not met, even at the low speeds where the readings are often anomalous. Since.. the actual beam failure mode is s slow, progressively degrading process which can betrended the requirement to perfona daily evaluations at low pump speeds (less than &A)will ensure that true degradation isnbserved and will allow for anomalous data to be discounted without. forcing an unnecessary plant shutdown. as -with the present,Techncial; Specifications. Therefore, these changes to the Technical Specification requirements will have no impact en either tile -probability or axinsegaencea of i let pump failure from those previously analyzed they will improve our ability to detect true degradation in jet pump performancebefore hold-down beam failure actually occurs. (21 does not create thepossibility of a new or different kind of accident. These surveillances do not require any. plant equipment to be manipulated only that data be recorded from existing control room instrumentation: therefore. the possibility of an accident different from those previously analyzed is not created. (3) does not involve a significant reduction in a margin of safety because the purpose for the present Tectmical Specification is the detection of a let pump failure which could cause the -plant to operate outside of its analyzed condition These changes will improve our ability to detect tree degradation in jet pump performance before such failures can occur. Therefore. the margin of safety is not reduced. : - Based on an evaluation of the above licensee analysis, the Commission's staff has made a proposed determination that the proposed .amendment involves nonsignificant hazards consideration. Local Public Document Room location: Cedar Rapids Public Library, 500 First Street S. E, Cedar Rapids, lowa52401.- Attorney for licensee: Jack Newman. Esquire. Kathleen H. Shea. Esquire. Newman and Holtzinger.1815 L Street, NW.. Washington. DC 20036. ARC Project Director. Martin Virgilio, Acting. Maine Yankee Atomic Power Company. Docket No. 50-309, Maine Yankee Atomic. Power: Station. Lincoln County. Maine Date of amendment request Match 13. 1985 as amplified January 15.1986 and January 13. 1987. Description of amendment request: The proposed Technical Specification (TS) change would bring Maine Yankees TS intoconformance with the requirements set forth in'I)SNRC Generic Letter 83-37 pertaining to the Reactor Coolant System (RCS) Vent System. Generic letter 83-37 requires at least one RCS vent path to be operable and closed at all times. For Maine Yankee, which uses a pressure operated relief valve (P0RV) as aRCS vent the block valve is not required to be closed if the PORV is operable- Basis for proposed nonsignificant hazardsconsiderationdetermination: The Commission has provided' - standards fordetermining whether 8 significant hazard mdsts as stated in 10 CFR 50.92(c). 10 CFR 50.91 requires that at the time a'licensee requests an amendment it must provide to the Commission its analysis using the standards In'10 CFR3092 about the issue of no -significant hazards consideration. The licensee has performed that analysis and we have performed an evaluation in accordance with 10 CFR 50.91(a)(i) todetermine whether this proposed change involves a significant hazards consideration as defined by 10 CFR 50.92. A -summary of our evaluation follows. This propose( change does not increase the -probability or consequence of a previously analyzed accident because the change simply requires four valves to be shut and to be operable with power removed from their actuators at or above Condition 4 (w -hen the reactor is subcritical and its temperature is between 210`F and 500T). Additionally. even if the valves were to be inadvertently opened at power and left that way despite alarms and other indications to the operator. the system was designed such that flow through the lines would be within the capacity of normal charging. The proposed change does not create the possibility of a new or different kind of accident from any previously analyzed accident because potential accidents were assessed by the Corm ssion when considering the requirement for reactor coolant system vents. The proposed change does not. significantly decrease. any margin of safety because an operable reactor coolant ventsystem makes possible better mitigation of postulated accidents in which non -condensible gases might accumulate in the pressurizer or in the reactor vessel Based on our evaluation. the staff proposes to determine that the application for amendment involves no significant hazards consideration. Local Public Document Room location. Wiscasset Public Library. High Street, P. O. Box 367, Wiscasset Maine 04578. Attorney for licensee: J. A. Ritscher. Esq.. Ropes and Cray: 225 Franklin Street. Boston: Massachusetts 02210. NRCProjeol Director V- Nerses Northern States Power Company, Docket Nos. 50-282 and 58.906. Prairie Island Nuclear Generating PLant. Unit Nos.1 and 2. Goodhue County, Minnesota Date of amendments request April 13. 1987. Description of amendments request The technicalspecifications have single limits' for each ofthe nuclear hot channel factors designated as Fe and Lea a. Specifically. these hot channel . factorscurrently must meetthc following limits: . Federal Register / Vol. 52 No. 97 / Wednesday. Nray 20. 1987 { Notices 18983 Fo x 1.03 x 1.05 less than or equal to 2.30 )(Kw; and Finis e x 1.04 less than or equal to 1.80 x (1+0.3(1 -Pi) where Kat is the axial dependence function at core height locations and P is: the fraction of radial power at which the core is operating. The amendment request proposes a change allowing variable function for both Fo and Fps. P with respect to each other. The proposed functions expressed as Fo (Fa.s. a) and. Fse,o a (Fu) allow operational flexibility by taking advantage of the typical peaks and valleys of Fe and Fsesa a throughout the fuel cycles. Therefore, the proposed change will allow the limits to. be varied so that additional Fa margin can be obtained by decreasing the Fonts a limits or conversely, more Fs,,,a • margin can be obtained at the expense of the Fo Margin. Basis for proposed no significant hazards consideration determination: The Commission has provided guidance concerning the application of the standards for making a no significant hazards consideration determinaton by providing certain examples (51 FR 7751). One of the. examples. (vl), of actions not likely to involve a significant hazards consideration involves a change which either may result in some increase to the probability or consequences of a previously analyzed accident or may reduce to some way a safety margin, but where the results of the change are clearly within all acceptable criteria with respect to the system or component specified in the Standard Review Plan. The licensee has performed analyses that when applying the locus of points for the proposed hot channel factors (i.e.. Fa/Feet. a) in the transient analyses (i.e., small and large break LOCA's). the peak clad temperature of 2200'7 is not exceeded and thus meets the criteria in the Standard Review Plan, Section 12 In this case. the consequences of a previously analyzed accident (i.e., LOCH) have resulted in a slight reduction in the safety margin in that the maximum peak dad temperature has increased from neee to 219TF but is clearly below the maximum allowable temperature of 2200'7. The results of the transient analyseastemming from the proposed changes ire clearly within the acceptance criteria and meet the requirements of 10 CfR 50.48 and 10 CFR Part 50. Appendix K. On this basis. the staff believes that the proposed change is enveloped by example (vi) and, therefore, the staff proposes to determine that it does not involve �s asignificanthazards Local Public Document Roos location: Environmental Conservation Library. Minneapolis Public Library. 300 Nicollet Mall, Mirmeapolis. Minnesota Attorney for licensee: jay Sil berg. Esq.. Shaw, Pittman. Potts. and Trowbridge. 2300 N. StreM. NW Washington, DC 20037. NRC Project Director. David I.. Wigginton. Acting. Pennsylvania Power and Light Company. Docket Nos. 50.367 and 56- 388 Susquehanna Steam Electric. Station, Units 1 and 2, Luzeroe.Camty, Pennsylvania Date of amendment request- August 5. 1988 Description of amendment request: The proposed amendment would revise the Susquehanna Steam Electric Station (SSES) Unit 1 and Unit 2 Technical Specifications to correct some errors. achieve consistency in the Techlirol Specifications, change nomenclature. and delete soma dated requirements which have already been completed. Specifically, the Pennsylvania Power and Light Company (licensee),has proposed the folfowingchanges: (1) for Unit No. 1. the licensee proposes to correct 17 errors, make 29 changes to achieve consistency in the Technical Specification& make two changes to reflect a change in nomenclature, and to deletes dated requirement which -has-been completed and (2) for Unit No. 2 the licensee proposes to correct 12 errors make to changes to achieve consistency throughout the Technical Specifications. delete five dated requirements which have alreadybeen completed, and make two changers updating the site drawings to show new construction. Basis for proposed no significant hazards consideration determinerian The Commission has provided standards for determining whether a significant hazards consideration exists (IPCFR 50.92(c)). A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not (1) involve • sig if' twnt increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously -evaluate& or (3) involve a significant reduction in a margin of safety. The staff has reviewed the licensee's request and concurs with the basis provided by the Peens6a in ita August S. 1986 submittal for a conclusion that the . proposed:wriest for dirge involves significant hazards: ratlonin ao addition the .Commiesioni as provided guidance: concerning the application of. standards for determining.whethera significant hazards consideration exists by providing examples (51 FR 7744) of amendments that are considered not likely to involve significant hazards considerations. Example (i)relatea to. "A purely administrative change to technical specifications for example, a change to achieve consistency throughout the technical specifications. correction of an error, or a change in nomenclature.- Because the above described changes proposed by the licensee are encompassed by the Commission's example (i). the staff proposes to determine that the requested action does not involve a significant hazards consideration. Local Public Dom:neat Room location: Osterhout Free Library. Reference Department. n South Franklin Street. Wilkes-Barre. Pennsylvania Iwin Attorney for licensee: jay Silbert, Esquire, Shaw. Pittman; ports and Trowbridge. 2300 N Street NW, Washington. DC 20037 NRC Project Director. Walter R Butler Pennsylvania Power and Light Company. Docket Nos.50-367 and SO - 38t S i gtiebanna Steams Electric Station, Units 1 and 2, Luzern County, Pennsylvania Date of amendment request February 11.1987 Description of amendment request The proposed amendment would revise the Susquehanna Stearn Electric Station (SSES) Unit 1 and Unit 2 Technical Specifications Ms) to change the action statement regarding automatic operating bypass of the reactor protection system (RPS) instrumentation and end -of -cycle recirculation pump trip (EOC-RIM instrumentation on a turbine stop valve closure or turbine control valve fast closure signal from the condition of thermal power below 30% Specifically. the Pennsylvania Power & Light Company (PM) proposes to change: (a) Table 33.1-1 Action Statement Na. 8 to clearly specify that the operators should reduce the power to below 30% of the rated power if RPS scram function bypass fails to -lift when the rated thermal power is greater than 30%. The present action statement is unclear and could be interpreted to permit full power operation with RPS frailest bypasses* (b) Table 311-1 Note (f) to be consistent with the Action Statement No. 6 and to change the format of the note to ampbesiir that the real safety :significance of the bypass la that it must 18984 Federal Register / Vol. 52. No. 97 / Wednesday. May 20, 1997 / Notices lift when required to allow the RPS to perform its intended function: (c) Table 3:3.421 Note (b) to make EOC-RPT automatic bypass consistent with RPS trip function bypass, since both (RPS and ECG-RF T) bypasses are controlled by the same instrumentation. setpoints. and administrative controls: and (d) Bases Section related to "Reactor Protection System instrumentation Setpoints." Basis for proposed no significant hazards consideration determination: The Commission has provided standards for determining whether a significant hazards consideration exists (10 CFR 50.92(c)). A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of,the facility in accordance with the. proposed. amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated: [2) create the possibility of a new of different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety. The licensee'has provided the following: basis for its conclusion that the proposed changes involve no significant hazards consideration: (1) The proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated because: (a) the proposed clarification of the Action Statement provides better assurance of the availability of the anticipatory trip function than available now: (b) revision to Table -3.3.1-1 Note (0 does not affect the design, operation. or administrative control of the RFS: (c) recision to Table 3.3.42-1 Note (b) does not affect the design, operation, or administrative controls of EOC-RPT: and (d) changes to the Bases do not affect the probability or consequences of any accidents. (2) The proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated because changes (a), (b). (c), and (d) do not affect the design or operation of the RPS and F.00-RPT operation or alter instrumentation calibration practices. {3) The proposed changes do not involve a significant reduction in a margin of safety because: (a) revised Table 3.3.1-1 Action Statement No.6 will increase assurance that the margin of safety provided by the RPS is maintained: (b) Table 3.9.1-2 Note (1) will not change operation or setpoints for the RPS: (c) Table 3:3.4.23 Note (b) wlll notcbanye operation or setpoints for EOC-RPT. and [d) changes to the Bases section do not affect any margins of safety. The staff concurs with the above licensees findings. The proposed changes. therefore, meet the Commissions standards for a determination that the changes involve no significant hazards consideration. Based on the above considerations. the Commission proposes to determine that the proposed changes do not Involve a significant hazards consideration. Local Public Document Room location: Osterhout Free Library. Reference Department 71 South Franklin Street Wilkes-Barre, Pennsylvania 18701. Attorney for licensee: Jay Silber& Esquire, Shaw, Pittman. Potts and Trowbridge. 2300N Street NW., Washington. DC 20037 NRC Project Director: Walter R. Butler Pennsylvania Power and Light Company, Docket Nos. 50-987 and 50- 388 Susquehanna. Steam Fia-t+ie Station. Units 1 and 2, Litigate County, Pennsylvania Dote of amendment request April & 1987. Description of amendment request The proposed amendment would revise the Susquehanna Steam Electric Station (SSES) Unit 1 and Unit 2 Technical Specifications with regard to the Sodium Pentaborate concentration in the Standby Liquid Control (SLC) system. The proposed change would permit an increase inthemaximum allowable concentration of Sodium Pentaborate in the SLC system from the present value of 13.8% to proposed the value of 15.8%. The minimum boron concentration of 080 ppm. which assures adequate shutdown margin, will remain unchanged increasing the maximum Sodium Pentaborate concentration from 13.8% to 15.8% would increase the saturation temperature from 597 to 70'F. Since the liquid temperature must he maintained above the saturation temperature to prevent precipitation (crystallization) of Sodium Pentaborate, the licensee proposes to maintain the liquid at 907 (10T above the present 80T) to maintain the margin above the saturation temperature. and will provide an alarm in the main control room to wam the operators if theliquid temperature drops below 90'F. Basis for proposed no significant hazards consideration determination The Commission has provided.:. standards for determining whether • significant hazards consideration exists (IO.CFlt5092(e)).:A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the fatality in accordance with the proposed amendment would not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated: (2) create the possibility of a new or different kind of accident from any accident previously evaluated:. or (3) involve a significant redaction in a margin of safety. The staff has revi2wed the licensee's request and made the following determination. (1) The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated because the accident evaluation is based on the minimum SLC system boron concentration which is =changed_ (2) The proposed change does not create a possibility of a new or different kind of accident because increasing the maximum Sodium Pentaborate concentration in the SLC system does not affect the safety function of the system (3) The proposed change does not involve a significant reduction in the margin of safety because an increase in the boron solution saturation temperature will be offset by increasing the minimum liquid temperature from 80°F to 907 and providing an alarm to warn the operators in the main control room if the temperature drops below 90°F. Based on the above considerations. the Commission proposes to determine that the proposed changes. do not involve a significant hazards consideration. Local Public Document Room location: Osterbout Free Library. Reference Department 71 South Franklin Street Wilkes-Barre, Pennsylvania 18701. Attorney for licensee: Jay Silberg. Esquire. Shaw, Pittman. Potts and Trowbridge. 2300 N Street NW.. Washington. DC 20037 NRC Project Director: Walter R. Butler Pennsylvania Power and Light Company, Docket Nos- 50.387 and 30- 388 Susquehanna Steam Electric Station. Units 1 and 2. Luzeine Cotmty. Pennsylvania Date of amendment request April l& 1987. • Description of amendment request The proposed amendment: would revise the Susquehanna Steam Electric Station (SSES)-Unitl and 2Techniraf Specifications to change the requirement Federal Register / Vol. 52, No. 97 / Wednesday, May 20. 1987 / Notices 18985 that. the scram discharge volume (SDV) vent and drain valves be demonstrated operable during control rod scram test with control rod density less than or equal to 50%. The proposed change woulddelete the requirement that the controlrod density be less than or equal to 50%. The revision is being proposed with the purpose of allowing the licensee to do the surveillance test typically during a refueling outage which coincides with theta month SDV vent and drain valve surveillance frequency specified in the Technical Specifications. The licensee states that the present 18 month vent and drain valve operability requirement has caused a plant scram to be taken specifically for the purpose of testing. Since testing in the shutdown mode can provide the necessary operability check. the present requirement is imposing unnecessary scrams on the plant Basis for proposed no significant hazards consideration determination: The Commission has provided standards for determining whether a significant hazards consideration eifsts (10 CFR 50.92(c)). A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility In accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of air accident previously evaluated: (2) create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety. The staff has reviewed the licensee's request and made the following determination. (1) The proposed change would not involve a significant increase in the probability or consequences of an accident previously evaluated, because the SDV vent and drain valve operability will continue to be demonstrated at the current testing frequency. (2) The proposed change would not create the possibility of a new or. different kind of accident because there would be no change in the plant operation: and the reliability of the SDV vent and drain val.%will not change. (3) The. proposed change does not involve a significant reduction in a margin of safety because the proposed surveillance of the sov vent and drain valve wlll most likely reduce unnecessary reactor scrams without changing the confidence in the valve operability demonstration Based:on above considerations.. -. the Commission proposes to determine that tbe.ptoposed changes do not involve a significant hazards consideration. Local Pablic Document Room location: Oaterhout Free Library Reference Department, 71 South Franklin Street. Wilkes-Barre. Pennsylvania 18701 Attorney far licensee: Jay Silbert Esquire, Shaw, Pittman, Potts and Trowbridge. 2300 N Street NW., Washington. DC 20037 NRC Project Director. Walter R. Butler Philadelphia Electric Company. Pubtic Service Electric and Gas Company, Delmarva Power and Light Company. and Atlantic City Electric Company, Docket Nos. 60-277 and 50-274 Peach Bottom Atomic Power Station Unit Nos. 2 and 3, York County, Pennsylvania Dote of application for amendments: January 11.1987. Description of amendment request The proposed amendments revise the Peach Bottom Atomic Power Station, Units 2 and 3. Technical Specifications (TS) relating to (I) reactor core thermal hydraulic stability and (U) operation with jet pump flow indication failures and Jet pump operability surveillance requirements. A0 operating restriction concerning a limiting Safety System Setting on Unit 2 is also proposed to be removed since it is no longer necessary. On January 23.1988, NRC issued generic letter 88-02, "Technical Resolution of Generic Issue B -19 - Thermal Hydraulic Stability", to licensees of operating BWRs. The generic letter concluded that therewas potential uncertainty in the approved methods for calculation of core stability decay ratio in predicting the onset of limit cycle oscillations. The generic letterstated that "licensees should examine each core reload to assure it is typical of previously evaluated cores which have acceptable stability margin. For cores which do not meet the analytical criteria. we have concluded that operating limitations which provide for the detection and suppression of flux oscillations in operating regions of potential instability consistent with the recommendations of General Electric SIL-380 are acceptable." The generic letter further stated that "all BWR owners should review the need for technical specifications (which enforce CE SIL-380 recommendations for operation of their plants) in light of the approved stability criteria and the status of core stability design calculations for specific plants -Licensees are advised that the approved stability a terfaa= applicable to all operating reactors. and should.. be fttctuded)a4utuce-safety evaluations::igsupport In CFR50S9 . determinations for all core reloads and design or operating modifications which relate to core thermal -hydraulic stability." Philadelphia £Iectr9cCompany {PECo} submitted a reload amendment for Peach Bottom Unit 2 by letter dated January A 1987. The subject application for amendments is in response to generic letter 86-02. The proposed revisions to the Technical Specifications would add monitoring and operability requirements to the Unit 2 Technical Specifications to avoid the possibility for thermal hydraulic instability. The new, additional requirements would- (1) Add a limiting Condition for Operation (LCO) to establish thermal power and core flow -operating limits to avoid thermal hydraulic instability. (2) Add a LCO to prohibit continued single recirculation loop operation below 39% of ratedcore flow and power above the 80% rod line. (3) Add a LCO to require APF-M and LPRM noise level monitoring when operating in theregions of potential instability (low flow/high power} (4) Revise an existing LCO to reduce the time limit for having the requirements applicable to single loop operation in effect from 24 hours to 6 hours. (5) Remove a specification which prohibits operation In the natural circulation mode and replace it with an action to -be -taken requirement: namely. an immediate reduction of thermal power followed by a reactor shutdown within 8 hours if the mode switch is is Startup or Run with no recirculation loops in operation. (6) Remove a restriction on operatioa at a'maximum of 50% thermal power in the single loop mode since stability is assured by other restrictions. On December 3. 1984, the Commission issued Amendment 107 for Peach Bottom Unit 3 permitting increased core flow. Although generic letter ae.o2 had not been developed et the time. the staff was developing some proposed Technical Specification provisions to preclude possible thermal -hydraulic instability. At the NRC staffs request, the licensee incorporated the provisions (which reflected the staffs position at the time) into the increased core flow application which was approved by Amendment 107 issued December 3, 1984 andinto the Peach Bottom Unit 2 Cycle 7:reload application which was approved by Amendment 106 issued March 19,1983. Now that the Nftc requirements on thermelhydraulic stability have been established (generic letter 86-02) some of the staff's previousiyptoposed restrfctionaare no 189116 Federal Register / ito1. 52. No. 87 /.Wednesday. May 20. 1987 / Notices letterer needed or applicable. Accordingly.. the proposed awendtweens would revise the Unit 3 Technical Specifications to (1) remove APR1Aand LPRM noise level monitoring requirements 1n operating millions 2. i and 4: (2) decrease the allowable time for taking appropriate action Wham entering single loop operstion from 24 to 6 hours (31 increase the frequency for monitoring APRM and iPRM noise levels at low flows front Z4 hoarsto once every • hours: fai redeye the tipper core flow limit for Region 1 tram -a% to 39% of rated now and (s) decrease the cut-off criterion from Destron flax raise levels from 596 In 4%. There would also be some tewording aad reformatting of the Technical Specification requirements on recirculation pump operation to make the the essi-hydraulic stability requirements easier b ant:!: -stand. Boris for proposed neaten/0 mnl hazards consideration tiefarranoliom: The Commission has provided standards 110 CFR 50.92) for determining whether a significant hazards consideration exists. A proposed amendment to an operating license for a fad lity involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not (I) Involvea significant increase In die probabilhy or consequences DT an accident preiiously eval:autect it) create the posst7t lity of a new or different kind of accident from any accident previously evaluated: or 13) involve a significant reduction In a margin of safety. The licensee has provided an analysis of each of the above criteria for the amendment request as follows L 7::crmolJlydrcwlic Stohility A has been determined.._. that operation of Peach Bottom Atomic Power Station Units 2 twit S. in varo deuce with these proposed revisions m the Teohaidat SiedBortbas. sacs aot iaveire It significant hazards mnadenati t a fa the foliuraiag tenons: fi) liar promised revsionsdo not involve• significant increase in the probability tar Consequem es of an act:ident previously evaluated because the revisions are consistent with the Nit apperred stabtaly criteria and the monitoring regtrinenents are saitf+drnt so prevent thermal hydraulic instal iliry. tiaaMbry aronitonng provision dit rt-rse the pruiminaty of feel damage by evoadira Lan cycle neutron Ram oadharbus. The more eesiricks.e action *W yments decease the possibility for instability. fillThe proposed finish= trot create the possibility oft new or d:fferentlrind of accident from any accident previously. evaluated hocause Ae wmnerrog requirements and retired seatmislaastems do nut amuse reactor opecatltis props(ases Cr deniterietics. Tay 'nerdy We! to prevent operatien:in isgwnsoi:yotamlaf (ail The plaposed stwisitra►ttrot iovmlat a significant reduction in a me:gin ofaafety because abase aoaikpiag regairvweota will ensure that lin cycle =aeon ins oscilhrlions are avoided, thereby reducing lire potential for a reactor power transient /L let Pump Plow indication Pollutes and let Pump Operability It has been determined._. g atoperation of Peach Bottum Atonic tloverstatwa (wits 2 and 3. in accardmrce with base laepeeed revisions to the Technical Specifications does not armoire a significant beards consideration for the following reasons: (t1 Tate proposed lvisions do not irtvthe a significant increase In tie instability= eonsegweiansof aa accident lravtoudy evabtatad.Tbe =sage to Lib p imann6 Condition for Operatentl 36.E3 dots om change 1be intent of the Sp cifacation it slmpty makes it more understandable. which increases the probability of conformer= to the lin Therevisionstotheanvsillence requirements aendy provide clarification by addressing single bop operationand two - loop operation specifically:The addition of LCO ae.s prevents continued operation m the reactor in an reanalyzed condition. therebydecreasing the probabdhyof an accident. -without affecting the oonsemiences Ora amidst Tbeseekairteape, th rfora conservation j p 118 provision do net usta the posdbanyota new or different kind of accident from any accident previoudy eralasted because The revisions do not adversely change allowable reactor oper atiens. la effect, the remidrsns of LLT1 SSE -1 end revisions to the ameNBeltce requirements (beet dangle reactor operation:4s addition al LCO 3.dEA does not create arty per mode of operanoat-rathnr at prohibits an trmwtyaed operatics which the Tetbakal Spedficatinas prewioasty did not address. liii) The proposed revisions do net :evolve a significant reduction in a margin of safety because the revisions dartfy the specifications end reduce the poasibdity of reactor operation in an t tram iy ed condition which t3wly Savages the MarginOr safety. The Plant Operating Review Corollas and die Nadeau Review Board have reviewed these proposed changes Jo the Technical Specifications and have concluded that they do not involve unreviewed safety question or a significant hazards consideration and will not endanger the best* and eatetyaf the public The staff has reviewed the Ucensee s no ahgnhftcant hazards consideration determination and agrees with the licensee's analysis. Therefore. the staff has made a proposed determination that the proposed amendments involve no significant hazards consideration. Local Public Document Room lacatforrGovemmeht Publications Sectfon.Stste Library of Pennsylvania Education Building. Commonwealth and Walnut 9Kaetr. fiani sburg. Petmsylvanta 17128 :.nitlforneyfor.LiimnseerTroycB. Conner. k 1717 Fetmsylvanba.Aventta,KIN.. Waahington.DC 20006 ARC &OitaDirector. Walter it_ Sutler Portlaad General Electric Cotepany, et al.. Docket No- 50344, Trojan Nuclear Plant. Colombia Cotmty. Oregon Date of amendment request February I ft 1987: Description of gqmmeera+& neat tequest: The proposed anrFitdment would revise Technical Specification fTs) Section 31 4,4.2. Reactor Cadent System Safety Valves -Shutdown, TS Section 314.4.3. Reactor Coolant System Safety and Relief Valves-Operafing, and TS Section 3/4.7.1. Turbine Cycle Safely Valves. to reflect a change in the pressurizer and main steam safety valves setpoinl tolerance from plus or minus 1 percent to plus or mints 2 percent Basis forproposed no sisnifcant hazards censiderat:on determination: 10 CFR 50.92 states that a proposed amendment will not involve a significant hazards consideration If the proposed amendment does not fil involve a significant increase ie the probability or consequences CI an accident previously evaluated: or fir) amine the possibility of a sew or different kind of accident from any accident previously evaluated: or (iii) involve a significant reduction in a margin of safety. The r,..mn.iQaion has also provided guidance concerning the application of these standards by providing certainexampies (March A 1806,51 FR 7:51). An example of an emends ent that tr considered not likely to involve a significaai hazards consideration is Example(vi) a change which either may result in some increase to the probability or consequences of a previously analysed accident or may reduce in some way a safety margin. but where the results of the change are dearly within all acceptance criteria with respect to the systemor component specified in the Standard Review Plan_ The licensee has analyzed the effects of the proposed changes withrespect to the overpressuization accident analyses relating to the Reactor Coolant System (Raj and the main steam system. The pressuritr and main steam safety valves are designed to mitigate transients by preventing overpresswization of the RCSand main steam system, respectively The' proposed change does not alter this design basis. The increase in setpofnt tolerance does increase the range of _ pressures at which the safety valor may lift and ,subsequently dose. This can remain greatersystem pressures prior to valve liftIngand increased bkowdevat prior to valve seating.This Federal Register / Vol. 52, No. 97 / Wechtesday, May 20. 1987 / Notices 18987 does alter the consequences of an accident from the standpoint that the safety valves may respond differently as far as when the valves open and dose. The licensee has performed an analysis to determine system effects utilizing assumed setpoint tolerances of plus 4 percent end minus 3 percent for both the pressurizer and main steam safety valves. Since neither the design nor the operation of the plant was modified results of the analysis indicated that any pressurizer safety valve lifting at the extremes of the proposed tolerance will not result in a low lift setpoint that is less than the pressurizer high-pressure reactor trip. nor a high lift setpoint that allows RCS overpresaurization, and that any main steam safety valve. lifting at the extremes of the proposed tolerance will not result in a low lift setpoint that is less than the normal no-load system pressure, nor a high lift setpoint that allows main steam system overpressurization. The pressurizer safety valves are designed to prevent RCS pressure from exceeding 110 percent of design pressure in accordance with the ASME Code. The RCS design pressure is 2500 psia. which corresponds to a Code and TS safety limit of 2750 psia. The analysis indicates that, for a plus 4 percent tolerance and 3. percent accumulation. the peak RCS pressure is 2899 psla. which is within the Code limit of 2750 psis_ Themain steam safety valves are designed to prevent the main steam system pressure from exceeding 110 percent of design pressure in accordance with the ASbIE Code- The main steam system design pressure is 1200 psia, which corresponds to a Code limit of 1320 psia. The analysis indicates that the peak main steam system pressure with a plus 4 percent tolerance on the main steam safety valves with 3 percent accumulation Is 1283 psia. which - is within the ASME Code limit of 1320 psia. - While the revised safety analysis demonstrated the acceptability of a lift tolerance of plus 4 percents and minus 3 percent the TS are being revised to increase the tolerance only to plus or minus 2 percent. Section XI of the ASME Code allows a tolerance of only plus or minus 2 percent. which includes se allowance for wevair t'dnit. Since the pressurizer and main steam safety - valves are Code valves whichare tested:. to meet ASME Section Xf per TS 4.0.5, the more resirictive;Coderequirements:: Thus, the results of analyses utilizing:. the proposed setpoint tolerances ere .. encompassed by:,theee cite revised • analysis. As such, the proposed change may result in some increase to the probability or consequences of s previously analyzed accident, or may reduce In some way a safety margin, but the results are clearly within the acceptance criteria regarding overpressure protection. as specified in Standard Review Plan Sections 522 and 10.3. The stall has reviewed the licensee's no significant hazards analysis and concurs with their conclusions. We also conclude that the proposed change is within the scope of the Commission's cited example. Thus. the staff proposes to determine that the requested change does not involve a significant hazards consideration. Local Public Document Room location: Multnomah County Library. 801 S. W.10th Avenue, Portland. Oregon 9'7205 Attorney for licensee•). W. Durham Senior Vice President Portland General Electric Company. 121 S. W. Salmon Street. Portland. Oregon 97204 - NRC Project Director. George W. Knighton Power Authority of The State of New York, Docket. No. 50-333..lames A. FitzPatrkk Nuclear Power Plant, Gewego County, New York. Dote of amendment request- March 18. 1987. Description of amendment request The proposed amendment would change the Technical Specifications (TS). to include revised limits that rertrlct operating pressures and temperatures to assure that brittle fracture of the reactor vessel cannot occur and that vessel integrity is maintained These revised limits went developed for three reactor conditions. hydrostatic pressure testing, non-nucler_r heatup and ceoldowm, and core critical operation. The new limits are valid up to 16 effective full power - years and ars based on evaluation of a surveillance specimen removed from the FitzPatrick reactor vessel. in accordance with the requirements of 10 CFR Part 50. - Appendix H. The proposedamendment also revises :the withdrawal schedule for remaining surveillance ..specimens and. in addition. includes several editorial .changes. Basis for proposed no significant hazards consideration determination In accordance with the Commission's Regulations in 10 CFR 5092. the Commission has made st determination that theproposed amendment involves nosigniioanthasardeconsiderations. To make this determination the staff must establish that operation ht accordeaee With the proposed amendment would not: (I) involve a significant increase in the probability or consequences of an accident previously evaluated. or (2) create the possibility or a new or different kind of accident from any accident previously evaluated, or (3) involve a. significant reduction in a margin of safety. Transient and accident analyses are based on the assumption that reactor vessel integrity is maintained. When these analyses were originally performed operating limits were established to ensure that temperature and pressure were kept within a safe range such that reactor vessel integrity The would be maintained. proposed changes establish new, more conservative Limits based on new calculations and on the results of evaluation of surveillance specimens. These limits were established according to the methods described ₹n Regulatory Guide 1.99 and 10 CFR Part 50 Appendix G. andincorporate the safety margins included in Appendix G. Previous accident analyses are unaffected Therefore. the proposed amendment does not involve a significant increase in the probability -or consequences of an accident previously evaluated. Similarly, because the proposed amendment would only establish new operating pressure -temperature limitsthatwould prevent operation in the brittle fracture range. the possibility of a new type of accident would not be created Because the proposed changes establish more conservative limits on operating pressure and temperature, and incorporate safety margins as described in 10 CFR Part 50 Appendix G. the effect of these changes will be an overall improvement in plant safety. Therefore. the proposedamendment does not involve a significant reduction in the margin of safety - Since the application for amendment involves proposed changes that are encompassed by the criteria for which no significant hazards consideration exists. the staff has made a proposed determination that the application involves no significant hazards consideration.. Luca! Public Document Room location: Penfield Library, Stan t University College of Oswego,.Owsego. New York. _ Attontey far licensee Mt Charles M. Pratt, 10 Columbus Circle.: New York. New York 10019' NRCProjeaDirector:Robert A._ - Capra, Acting Director' 18988 Federal Register / Vol. 52 No. 97 / Wednesday. May 20, 1987 / Notices Tennessee Valley Authotity. Docket Nos. 50-259.150.260 and to -295, Browns Ferry Nudger Plant Units L 2 and 3, Limestone County. Alabama Date of amendment requests: February 9,1987 (TS 228) Description of amendment requests: The proposed amendments would change the technical specifications (TS) of Browns Ferry Nuclear Plant (BFN) Units 1.2 and 3 by making one substantive and two administrative changes to TS table 3.1A. The substantive change to Table 3.IA deletes alternative action LB when the average power range monitor (APRM) High Flux or Inoperative trip function minimum number of operable instrument channels per trip system is not satisfied The administrative changes involve changes in wording to improve the clarity and consistency of table 3.LA. requirements. Basis for proposed no significant hazards consideration determination The Commission has provided standards for determining whether a significant hazards determination exists as stated in 10 CFR 50.92(410 CFR 50.91 requires at the time a licensee requests an amendment it must provide the Commission its analysis. using standards in 50.92 about the issue of no significant hazards consideration, Therefore, in accordance with 10 CFR 50.91 and 50.92, the licensee has performed the following analysis of these standards as they related to the proposed change to table 3.1.A. to delete action 1.8 for inoperability of APRM High Flux and Inoperative trip function instrumentation channels. 1. This change removes an alternative action which is not appropriate for the APRM High Flint and Inoperative nip functions. These two trip functions are required to be operable in both the Run and Startup/Hot Standby Modes or reactor operation. However. the mode to which action I.B directs the plant to be taken when either of these two trip functions is inoperable is the Startup/ Hot Standby Mode. While deletion of this alternative action 1.8 would have no effect on the probability of a previously evaluated accident. this change would result in a decrease in the consequences of an accident since it will further restrict operational conditions allowed with these trip functions inoperable. 2. This change removes an alternative action which is not appropriate for the operator to take when the APRM High Flux and Inoperative trip functions are Inoperable. The printery action and alternate action IA remain available to the operator when these: specified APRM trip function channels are inoperable. Therefore, no new accident possibilities are created. 3. The margin of safety will be increased because an inappropriate alternative action will be deleted and only the correct actions will be specified. A discussion of the above standards ea they relate to the proposed administrative changes follows: 1. These administrative changes provide additional consistency and clarification of table3.1A requirements and notes without altering the intent of the requirements or information provided. Therefore, no accident probabilities or consequences are affected 2. The possibility of a new kind of accident is not created since these administrative changes will not eliminate or modify any protective function nor. permit any new operational conditions. 3. These administrative changes will not result in any change to the requirements of intent of table 3.1A and, therefore. will not result in any reduction of the margin of safety. Since the application for amendment Involves propose changes that are encompassed by the criteria for which no significant hazards consideration exists. TVA has made a proposed determination that the application involves no significant hazards consideration. The staff has reviewed the licensee's no significant hazards consideration determination and agrees with the licensee's analysis. Therefore, the staff proposes to determine that the application for amendments involves no significant hazards consideration. Local Public Document Room location: Athens Public. Library. South Street, Athens, Alabama 35811. Attorney for licensee: General Counsel. Tennessee Valley Authority, 400 Commerce Avenue. E 11B 33C. Knoxville, Tennessee 37902. NRCAssistant Director. John A. Zwolinald Toledo Edison Company and The Clevelaadllecnic Illuminating Company. Docket No. 50.946. Davis - Besse Nuclear Power Station Unit Na 1, Ottawa County, Ohio Date of application February 18.1987 Description of proposed amendment This amendment would add new section to the Technical Specifications. and would impose new Limiting Conditions for Operstion (LCO) and Surveillance Requirements (SR) for the Motor -Driven Fesdpump System. The proposed ISs are similar to theexisting Auxiliary Feedwater TSs and are a requirement imposed by the Commission in its evaluation of the restart of the Davis -Besse facility following the June 9,1985 loss of feedwater event Basis for proposed no significant hazards consideration determination: The Commissioa has provided guidance concerning the application of the criteria for determining whether a significant hazards consideration is involved. by providing certain examples, 51 FR 7750. One of the examples (ii) of an attica which does not involve a significant hazards consideration relates to amendments which impose additional limitations, restrictions. or controls not presently included in the TSs. The Commission has already approved the operation of the motor -driven feedwater system (cf. NUREG-1177) and has made the addition to the license of LCO and SR a requirement The proposed amendment matches the Commission's example, and on this basis, a proposed determination of no significant hazards consideration is made. Local Public Document Room location University of Toledo Library, Documents Department 2801 Bancroft Avenue. Toledo, Ohio 43606. Attorney for licensee:Gerald Charnoff. Esquire. Shaw, Pittman. Potts and Trowbridge, 2300 N Street NI/V.. Washington, DC 20037. NRC Project Director. Martin). Virgil". Acting Toledo Edison Company and The Cleveland Electric Illuminating Company. Docket No. 50.348, Davis - Besse Nuclear Power Station Unit Na 1. Ottawa County, Ohio Date of amendment request Mardi 17, 1987 Description of amendment request: This amendment would substitute the reporting requirements for occurrences of lodine-131 dose equivalent specific activity in the reactor coolant greater than 1 microcurie per gram (but still within the maximum allowable) with the requirement to report similar data on an annual basis in the Annual Operating Report Additionally, the requirement to shut down the reactor in the event the cumulative operating time above 1 miaocurie per gram exceeds 1096 of the operating time would be deleted by this amendment The amendment would revise Technical Specification ITS) Sections 3/4.4.8 and 6.9.13, and Basis Section 3/4A-8. The licensee has proposed these changes to the TSs in response tote Commission's Generic Letter 8519 which provided guidance on TS revisions necessaryas result. of the Federal Register / Vol. 52. No. 97 / Wednesday, May 20. 1987 / Notices 18989 revisions to 10 CFR 50.72 and implementation of 10 CFR 50.73. Bosis for proposed no significant hazards consideration determination: The Commission has made a proposed determination that the amendment involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92. this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of.an accident previously evaluated: or (2) create the possibility of a new or different kind of accident from any previously evaluated: or (3) involve a significant reduction in a margin of safety. The Commission has evaluated the proposed changes to the TSs with respect to the three criteria above as follows: 1. No accident conditions or assumptions are affected by the changes to the reporting requirements and the deletion of the shutdown requirement•, therefore. these changes do not involve a significant increase In the probability or consequences of an accident previously evaluated (10 CFR 50.92(c)(1)). 2. No equipment. system. or test is modified by the changes; therefore, the changes do not create the possibility of a new or different kind of accident (10 CFR 50.92(c)(2))_ 3. The reduction in the frequency of reporting does not involve a significant reduction in a margin of safety since the licensee is still required to collect and analyze data on a timely basis. The deletion of the shutdown requirement does not significantly reduce the margin for safety since shut down will still be required if the level is exceeded for more than 48 hours in one continuous time interval (10 CFR 50.92(c)(3)). Based on the above. the Commission proposes to determine that the amendment request involves no significant hazards consideration. Local Public Document Room location: University of Toledo Library. Documents Department 2801 Bancroft Avenue. Toledo. Ohio 43806. Attorney for /icenaee:Gerald Chamoff, Esquire. Shaw. Pittman, Potts and Trowbridge:2300 N Street NW., Washington, DC 20037. . NRC Project. Director. Martin J. Virgilio, Acting: Union Electric Company, Docket No. sa sat Callaway Plat, Unit 1 Callaway County. Miesourl. Dote of amendment request: March 30. Description of amendment request The proposed amendment would revise the requirements for reporting iodine spiking from a short-term report to an item which is to be included in the Annual Report. and eliminate the requirement to shut down the plant after 800 hours of operation with a dose equivalent I-131 value of 1 microatrie/ gm or greater. Basis for proposed no significant hazards consideration determination: On September 29.1985. the NRC issued Generic Letter (CL) 85 -19.. -Reporting Requirements on Primary Coolant Iodine Spikes." The purpose of GL 81-19 was to propose that licensees be relieved of certain unnecessary requirements associated with primary system activity. as follows: As pan of our continung program to delete unnecessary reporting requirements, we have reviewed the reporting requirements related to primary coolant specific activity levels. specifically primary coolant iodine spikes. We have determined that the reporting requirements for iodine spiking can be reduced from a short-term report (Special Report or Licensee Evert Report) to an Item which is to be included in the Annual Report. The information to be included in the Annual Report is similar to that previously required in the Licensee Event Report but bss been changed to more clearly designate the mutts to be included from the specific activity analysis and to delete the information regarding fuel burnup by core region. In our effort to eliminate unnecessary Technical Specification requirements, we have also determined that the existing requirements to shut down a plant if coolant iodine activity limits are exceeded for 800 hours in ■ 12 -month period can be eliminated The quality of nuclear fuel has beam greatly improved over the past decade with the result that normal coolant iodine activity (Le_ in the absence of iodine spiking) is well below the limit. Appropriate actions would be initiated long before accumulating am hours above the iodine activity. limit In addition, 20 CPA 50.72(b)(1)(iii) mquirea theNRC to be immediately notified of fuel cladding failures that exceed expected values or that are caused by unexpected factors Therefore. this Technical Specification limit is no longer considered necessary on the basis that proper fuel management by licensee* and existing repocmng,requirementc should preclude ever approaching the Omit. Licensees are expected to continue to monitor iodine activity in'the primary coolant and take responsible actions to maintain it at a reasonably tow level (Le., accumulated time with highiodineactivity should not approach soo hours). The licensee's application dated March 30,1987 was submitted in. response. to GL 85-19.:• Theproposed changes to the TS do not involve a:significant increase ht the probabil(ty:or consequences;of an accident previo rely avaltated As indicated in GL 85-19. the improved quality of fuel and the exiatence of adequate reporting requirements precludes the operation of the facility with primary system activity that is excessive. Excessive primary system activity would be of concern in the - event of an accident involving release of reactor coolant. Finally, the proposed changes to the TS do not involve the creation of a new or different type of accident or a significant reduction in a safety margin since no changes in plant equipment, operating modes or safety analyses are involved. Based upon the above, the staff proposes to determine that the proposed changes to the TS do not involve significant hazards considerations. Local Public Document Room location: Callaway County Public Library. 710 Court Street. Fulton. Missouri 85251 anti the John M. Olin Library, Washington University. Skinker and Lindell Boulevards.St. Louis, Missouri 53130. Attorney for licensee: Gerald Cbarnoff. Esq. Shaw, Pittman. Potts & Trowbridge. 2300 N Street, NW., Washington. DC 20037 NRC Project Director: David L Wigginton. Acting Virginia Electric and Power Company, Docket Nos. 50338 and 50339. North Anna Power Station, Units No. 2 and No. 2. Louisa County, Virginia. Dote of amendment request January 30. 1987, as supplemented April 6.1987_ Description of amendment request The purpose of the proposed amendments is to revise the North Amta Power Station. Units. No.1 and 2 (NA - 1&2) Reactor Trip System (RTS) Instrumentation Technical Specifications based on the NRC stairs previous review and approval of Westinghouse topical report WCAP- 10271-and its Supplement 1. The proposed revisions are summarized as follows: 1.Increase the surveillance interval for RTS analog channel operational tests from once per month to once per quarter, 2. Increase the time during which an inoperable RTS. analog channel may be maintained in an untripped condition from one hour to six hours. and 3: Increasethetime an inoperable RTS analog channel may be bypassed to allow testing of another channel in the same function from two hours to four hours. - These changes are threeof the four changes proposed by WCAP-10571 end Supplement 1 and.approved as part of .. the NRCs Safety Evaluation Repoli , dated February 21.198. A fourth 18990 Federal Register / Vol. SZ. No. 97 / Wednesday, May 20, 1987 / Notices change discussed in WCAP-10271 and the February 21. 1985. NRC SFR would allow testing of RTS analog channels in a bypassed condition instead of a tripped condition. The NA -162 design does not currently include the capability for bypass testing. Therefore. the portion of WCAP-10271 and its Supplement 1 which concerns bypass testing is not applicable to this amendment request. Basis for proposed no significant hazards consideration determination: The Commission has provided standards for determining whether a significant hazards consideration exists as stated in 10 CFR Part 5092(c). A proposed amendment to an operating license for a facility involves no significant hazards consideration if operation of the facility in accordance with the proposed amendment would not: (1) involve a significant increase in the probability or consequences of an accident previously evaluatector (2) create the possibility of a new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety. The bases for these criteria follows: Criterion 3 Operation of NA -162 in accordance with the proposed license amendments would not involve a significantincrease in the probability or consequences of an accident previously evaluated The proposed changes affect the Reactor Trip System (RTS), the system which monitors reactor system conditions and scrams the reactor when those conditions reachor are outside a predetermined allowable ;envelope. Scramming the reactor stops the fission process by rapidly inserting control rods. Failure of the RTS system can lead to a transient or accident without a scram. While such events are not a design basis accident the probability and consequences of such a situation have been analyzed The accident sequences which describe such situations are referred to as Anticipated Transients Without Swam (ATWS). For design basis accidents, the RTS will successfully scram the reactor because the system meets the single failure criteria. The proposed changes do not affect the wey in which the system meets the single failure criteria The proposed changes would not change the analyzed consequences of an ATWS aim the consequences are based on an assumed failure of the RTS to stop the fission process. The proposed changes would not thrums this assumed failure. The proposed changes do not significantly inmate thaprobabBity of a RTS fellur s. WCAP-181271: and Supplement i evaluated the increases in ATWS probability for the four changes proposed by WCAP-10271 on a generic basis. Sensitivity analyses were used to examine the effects of each of the four changes. WCAP-10271 concluded that the changes in probability were very small. For NA -162, only three of the four changes addressed in WCAP-10271 are being requested -those related to surveillance interval. maintenance time, and test time. The change related to testing b bypass is not being proposed for NA -162. In the February 21.1955. Safety Evaluation Report addressing WCAP- 10271, the NRC concluded that the increase in probability of RTS failure due to the four proposed changes was very small and not significant The sensitivity analyses demonstrate that some increased probability is associated with each of the changes. However. the overall probability for all four of the changes proposed by WCAP- 10271 was judgedby the NRC to not be significant The proposed NA -162 subset of only three of those changes would result in an even smaller increased probability than all four of the NRC approved WCAP-10271 changes. Therefore. the increased probability associated with the three changes proposed for NA -162 would also not be significant Criterion 2 The proposed license amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. The four changes proposed in WCAP- 10271 affect only the amount of time during which individual RTS channels may be unavailable and the frequency of testing of the RTS channels. The Technical Specifications presently allow the unavailability of individual channels for shortperiods of time. Changes in the allowed unavailability times end test intervals do not create a new failure mechanism: they only affect the probability, of that failure as discussed under Criterion 1 above. As explained under Criterion I. failures of the RTS have been analyzed. Since none of the changes proposed by WCAP-10271 create new failure mechanisms. the changes proposed for NA -162 (which are a subset of the WCAP-10271 changes) would also not create new failure mechanisms. Criterion J 1Le proposed license amendment does not Involve a significant reduction in • margin of safety - The proposed antes do not alter arty safety &gin or limiting safety system null gs. nor de the can es: reduce the requirements for the number of operable RTS channels. As explained above under Criteria 1 and 2 above, the changes proposed by WCAP-10271 only affect the test intervals and allowed unavailable times for the RTS @annel* and the increase in the probability of RTS failure due to the proposed changes is not significant In the February 21.1955. SER the NRC concluded that the resultant increase in the overall plant risk to core damage was not significant Since the changes proposed for NA - 162 an a subset of the W CAP -10271 proposal, the resultant increase in overall plant core damage risk would be even smaller than the increase for the four NRC approved WCAP-10271 changes. Therefore, the overall reduction in the plant margin of safety is not significant for the three changes proposed for NA -162 Accordingly, the Commission proposes to determine that these changes do not involve a significant hazards consideration. Local Public Document Room location Board of Supervisors Office. Louisa County Courthouse. Louisa. Virginia 23093 and the Alderman Library. Manuscripts Department University of Virginia. Charlottesville. Virginia 22901. Attorney for license& Michael W. Manpin, Esq.. Hunton. Williams. Gay and Gibson. P.O. Box 1535. Richmond. Virginia 23212 NRCProject Director. Lester S. Rubenstein Wisconsin Public Service Corporation. Docket No.50-305, Kewatmea Nuclear Power Plant. Kewaunee County. Wivnnchl . . Date of amendment requests January 13.1987 (revising in its entirety the submittal of April 18. 1988. as modified June 24.1955). Description of amendment request This application revised in its entirety the application dated April 18.1988 which was noticed in the Federal Register on May 21.1985 (51 FR 187699). The NRC Generic Letter 05-09 dated May 23.1985. requested licensees to submit Technical Specifications (TS) to explicitly require independent testing of the reactor trip breaker undervoltage and shut trip attachments during power operation and independent testing of the control room manual reactor trip switch contacts during each refueling outage. Basis for proposed no significant hazards consideration determination: The proposed changes to the Technical Specifications (TS) were submitted by the licensesin response to Generic- Federal Register / Vol. 52,No. 97 / Wednesday, May 20, 1987 (_Notices 28991 Letter (GL) 85-09. In GL 85-09. the - Commission notes its conclusion that- Technical Specification changes should be proposed. by licensees to explicitly require independent testing of the undervolUaa and shunt trip attachments during power operation and independent testing of the control room manual switch contacts during each refueling outage. The Commission also concluded that these tests are necessary to ensure reliable reactor trip breaker operation. The CommiaSi0n has provided guidance concerning the application of its standards set forth in 10 CFR 50.92 by providing certain examples (51 FR7751)- One of the examples. (ill, of an amendment likely to involve no significant hazards consideration retates to "A change that constitutes an - additional limitation restriction, or control not presently included in the technical specifications, e.g., a more stringent surveillance requirement." The proposed amendment to the TS matches the example because it would impose additional limitations for operation and additional surveillance requirements for the reactor trip break undervoltage and shunt trip attachments not presently included in the TS. Therefore, the Commissionproposes to determine that the proposed amendment involves no - significant hazards consideration. Loco, Public Document.. Room location: University of Wisconsin Library Leaming Center, 2420 Ninolet Drive. Green Bay, Wisconsin 54301. Attorney for licensee: David Baker. Esq.. Foley and Lardner, P. O. Box 2193 Orlando. Florida 31082 NRC Project Director. David L. Wigginton Acting Wolf Creek Nuclear Operating Corporation, Kansas Gas and Electric Company, Kansas City Power 8 Light Company, Kansas Electric Power Cooperative, hie., Docket No. 50-482, Wolf Creek Generating Station. Coffey County, Kansas Dote. of amendment request May 7, 1987. Description of amendment request The proposed amendment request revises Wolf Creek Generating Station (W CGS) Technical Specification Table 3.3-5, Engineered Safety Features (ESE) Response Times for items 2.a. (Containment Pressure -high -1. Safety Injection), 3.a. (Pressurizer Pressure - Lew. Safety Injection). and,4.a. {Steam Line Pressure -Low. Safety Injection). These changes are being made to more accurately reflect the time required to change charging maim suction front the Volume Control. Tank (VC!`) to, the Refuel Water StorageTank (RWST)- Bes/rf or proposectrto significant., dorm ds consideration determination: In egatdanie With theregoirements of 10 CFR 5092 the licensee has submitted: the following no significant. hazards. determination: This license amendment request proposes revising Technical Specification Table 3.35 and its associated Bases to change the Engineered Safety Features (ESF) response times for items 2a. (Containment Pressure- aligh-t Safety Injection), 3.a: (Pressurizer Pressure -Low, Safety Injection), and 4.a. (Steam Line Pressare-Low, Safety Injection). These changes are being made to more accurately reflect the time required to change charging pump suaion front the Volume Control Tankto the Refueling Water Storage Tank 1. The proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated increasing the acceptance criterion for the ESF response times is acceptable since evaluation of the impact of the increased response tines on the steam line break event demonstrated that the Departure from Nucleate Boiling design basis is still met- The conclusions in the Updated Safety Analysis Report (USAR) remain valid. These changes do.not involve a change in the operational limits or physical design of the involved systems. Z The proposed changes do not create the 'possibility of a new or different kind of accident from any accident previously evaluated There are no new failure modes - associated with the proposed change. as no design changes have been made. These changes do not involve a change can the operational limits or physical design of the involved systems. Existing plant equipment will bevtilized as before the proposed - change, Therefore. an increase in the ESF response times for Containment Pressure - High -1. Pressurizer Pressure -Low, and Steam Line Presaure•Low does not create the possiblity of an accident or malfunction of a different type than any evaluated previously in the safety analysis report. 3. The proposed changes do not involve a significant reduction In amargin of safety. The proposed changes are intended to bring the technical specification surveillance requirements intoagreement with the Bases for the technical apeclficatlon Since there is no impact on the conclusions presented in the. USAR all existing safety !traits are still valid Based on the above distxusions it has been determined that the requested Technical Specification revisions do net involve a significant increase in the probabtlityof consequences of anraccidert or other adverse condition over previous evaluations; orcreate the possibility of a new or different kind of accident orcondition over previous evaluations or involve a significant reduction - in a margin of safety. Therefore. the requested license amendment does ms involve a signficant hazards consideration.. Based on the previous discussion the licensee concluded that the proposed amendment request dries not involve a significant increase in the probability or consequences of an accident previously evaluatedriler create the posafbility ofri new or different Jcind of accident from any accident previcuelyevelaatednor involve a Significant reduction in the required margin. of The SRC staff has reviewed the licensee's no significant hazards considerations determination and agrees with the licensees analysis. The staff has, therefore. made a proposed determination that the licensees reque.sr does not involve a significant hazards consideration Local Public Document Room location: Emporia State University, William Allen White Library, 1200 Commercial Street, Emporia Kansas 138801 and Washburn University School of Law Library, Topeka Kansas Attorney for licensee: Jay Sr.berg. Esq., Shaw, Pittman. Potts and Trowbridge, 2300 N Street, NW_ Washington DC20037 NRC Protect Director. Jose A. Calve Wolf Creek Nuclear Operating Corporation, Kansas Gas and Electric Company: Kansas City Power 5 light Company, Kansas Electric Power Cooperative. Inc-. Docket No. 50482, Wolf Creek Generating Station. Coffey County, Kansas Date of amendment request Islay 7. 1987 Description of amendment request: The proposed amendment request revises Wolf Creek Generating Station (WGGS) Technical Specification 3/4.1.3, Movable Control Assemblies. and its associated Bases to allow continued operation for 72 hours for diagnosis and repair, with one or more control rod assemblies inoperable due to a rod control urgent failure alarm or other electrical problem in the rod control system provided all affected control rods remain trippable. Basis for proposed no significant hazards consideration determination: In accordance with the requirements of 10 CFR 50.92, the licensee has submitted. the followingnosignificant hazards determinationt This amendment request revised Wolf Creek Generating Station (WCCS) Technical Specification 3/4.1.3. Movable Control Assemblies,. and its associated Bases to-rHaw confirmed operation for 72 hour for diagnosis and repair, with one or more control rod assemblies inoperable due to a rod control urgent failure alarm or other electrical problem in the rod control system provided all affected contrail rods remain trippable. 1-11w proposed changes do not involve a significant increase in the probability or consequences of an accident previously evahutecL111maising the allowed sutag; time associated with electronic/electrical malfunctions of the-Contml Rod -Drive System fCRDb7 is acceptable slate the safety_ function of the lIte (reactorariyl.ramairra. unaffected -The conclusions: la the undated 18992 federal Register f VOL 52, No. Tfl f Wednesday. May 20, 1%7 f Notices Seim" Analysis Report fUSAit)remain valid. The proposed change dues not effect the al,ilit} of the CRDS to perform its intuhh-d safety function, reactor trip. by putting the reactor in a subcritical condition when a safety triter] robin is approached.The design of the CRDS assures lactation of essentialelements of the CRDS (those required na insure reactor trip) from nonessential ponies of the CRDS. L The proposed' changes do not crane the poesibaity of a new or different kind of accident from any accident previously evaluated. There are no new failure modes or mechanisms associated with the proposed dmrain Thischange does ad theatre any. modification in the operational limas or physii:el design of the involved systetna.11w change merely allows an extended time period for the diagnosis and repair of ponies of the CRDS. thee reducing the probability of a plant transient because of insufficient time for proper eorretHve action or a tanned dingoosia._ , . 3. The proposed changtra'do not involve a significant rededica e a margin of safety. This change does pot affect any Technical - Specification.margfa or safety. This change allows appropriate AC'AONStwmmensmahr with the significance of the CRDS malfenciiort,n4tile not negaiting plant transientsen teapots to malfunctions thin de not affect the capability of th CRDS to perform its safety function. Based on the above discussion it bas been determined that the requested Technical Specification revision do net involve a significant increase it the probability tar cnnsequeems of an accident or other aiveae condition over previous evaluation: or crease the poasiblity of a new or different hied of accident or condtion over previous evaltnttionc or involve a significant reduction in a margin of safety. Therefore, the requested license ameadrnsat does aot involve a significant hazards oonskie attoa Based on the previoes discussion. the licensee concluded that the proposed amendment request does not involve a significant increase in the probability or consequences of en accident previously evaluated: nor create the possibility of a new or different kind of accident from any accident previously evaluated: nor involve a significant reduction in the required margin of safety. The NRC staff hits reviewed the licensees no significant hazards considerations determination and agrees with the licensees analysis_The staff has, therefore. made s proposed - determination that the licensees request does notinvolve a significant hazards consideratioo. - Local Public Dammam Raaai lotatian:: Emporia State University. Wi1Ham Alien White Library. 1200 Commendal Street. Emporia. Kansas .08601 and W ashbrant University School of Law. Library- Topeka. Atiotneyforlicarrgee jnfifbery. Esq.. Shaw. Pittman. Poitsasd Trowbsit1/4.230(111&t:renW.� NRC Project Director. lose A.-Calvo PREVIOUSLY PUBLISHED NOTICES OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The following notices were previously published as separate individual notices. The notice content was the same as above. They were published as individual notices because time did not allow the. Commission to wait for this bi- weekly notice: They are repeated here because the bi-weekly notice lists a)1 amendments proposed to be issued involving no significant hazards consideration. For details. see the individual notice in the Federal Register on the day and page cited. This notice does trot extend the notice period of the original notice. Commonwealth Edison Company. Docket Nos.50 454 and 88-455, Byron Station. Unit Nos.1 cod H. Ogle County. Minis Date of application for amendments: March 241967 Description of amendments request The amendments would revise the provisions of the Technical Specifications to allow plant operation with theessential service water pump discharge temperature greater then 80T, but less than eat with no cooling tower farts running Operation in this condition would be allowed during Ultimate Heat Sink cooling tower performance testing. Dote of pubGoatioa of individual notice in Federal Register: April 9.1987 (52 FR 11575) Expiration dote of indiriduaf notice: May11.1967 Local Public Document Room location: Rockford Public Library. 21$ N. Wyman Street Rockford Illinois etto3. Wisconsin Electric Power Compitay. Docket Nom 50-266 and 50,301, Point Beach Nuclear Pleats. thgt Nos. l and 2. Town of Two Creeks, Manitowoc Comity, Wisconsin Dote of amendments requests: March 12 and Aprll 10. ]967 Description of amendments requests: The an wattiments would modify Technical Specification 15.51lo remove certain limitations on the repair of leakiesi's! sods so Jong as the amain - prorated during a given outage can be itaiifledhY a cyclespectficreload aasbile. Date ofpubRo.Noaef /ndivld0/al wooer Inireked_itegtr er.. Apr8.27.1l87 onlitiOaas). Expiration date of indiriduol notice. May 27. 1987. Local Public Dorbment Room location: Joseph P. Mann library. I516 Sixteenth Sweet. Two Rivers. Wisconsin. NOTICE OF ISSUANCE OF AMENDMEtTTO FACILITY OPERAT1NGLla NSE Daring the period since publication of the lest hi -weekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Ad of 1954, as amended idle Act), and the Commission's rules and regulations- The Commission has made appropriate findings as required by the Act and the Commission's rules and tegulations in10 CFR aapter L which are set forth in the license amendment Notice of Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration Determination and Opportunity for hearing in connection with these actions was published in the Federal Register as indicated No request fora hearing or petition for leave to intervene was filed following this notice. Unless otherwise indicated. the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFA 5172 Therefore.. pursuant to 10 CFR 5122(b), no environmental impect statement or environmental assessment need be prepared for these amendments. If the. Commission has prepared an environmental assessment under the special circumstances. provision -in to CFR 51-12(b) and has made a determination based on that assessment it is so indicated For farther details with respect to the action see (t)tbe applications for amendments: (2) the attaandments, and (3) the Cornmissioti s related letters. Safety Evaluationsand(or Environmental Assessments as indicated. All of these items are available for public inspection at the Commission's Public Document Room 17171IStreet.NW., Vlreahiogton. DC. andel thelocal publicdotmnent roams for the parecalar facilities imvolved A spy of Ilea i(2) and (3) may be obtained upon request addressed to the US: Neet ieritegufatoeyComtatseion. Weshfatott DC70555.1attemtiost DI ecter.Dieistoneflfceeshrg. Federal Register / Vol 52, No. fr / Wednesday, May 91 1987 j Notices - 18993 Baltimore Gas & Electric Company. Docket No. 58.318 Calvert Cliffs Nuclear Power Plant. Unit No. 1 Calvert Coomty, Maryland Dote of application for amendment July 31.1988 response as supplemented January 21, 1987. Brief description of amerebnent The amendment changed the fall closure time for main steam isolation valve (MSIV) operability to "less than 5.2 seconds" as an integral pert of MSiV modifications at Calvert Cliffs. Date of issuance: April 29.1987 Effective data April 29..1987 Amendment Nod 107 Facility Operating License No. DPI?, 6¢ Amendment revised the Technical Specif3cetioas. Date of initial notice in Federal Register. December 17.1988 (51 FR 45191 at 451931 The Commission's related evaluation - of the amendment is contained in a Safety Evaluation dated April 21, 1987. No significant hazards conaideeatioa comma:us received: No Loral Public Document Roots location: Calvert County Library, Prince Frederick Maryland. Baltimore Gas k Electric Company. Docket No. 58316. Calvert Cliffs Nuclear Power Plant. Unit No 2. Calvert County. Maryland Date of application foe (mendment . February 8. umr, as supplemented March 17. March 25. Mud* 27. April7. and Apd117.1987. Brief description of omendau mt• the amendment changes the Unit 2 Technical Specifications (TS1 to reflect analyses performed in support of Unit 2 Cycle 8 operation by providing more restrictive limits for the Acceptable Operation Region of peripheral axial shape Index versus rated thermal power and for shutdown margin while also raising the moderator temperature coefficient limit for operation above 706 power. The supplements to the February e. 1967 submittal did not affect the proposed TS changes noticed in the Federal Register on March 25, lie and did not affect the staffs proposed no significant hazards determination. And ofissuarta May 4,1937 Effective dote: May L 1997 Amendment No_ -108 7 Eaadltyoperuting License No. DM eit Amendment revised theTedtafaae Ante ofMil aInotice In:Retard 4dstet Match 75,1987 (52 FR asec9 1bv Commintoa s related evaluation dlhamendreentisaoat nedbsa Sat? Evaluation datedMitt 91pC No significant hazards consideration comments received: No Local PublicDorsrnent Room location: Calvert County Library, Prince- Frederidk. Maryland. Boston Edison Company, Docket No. 50- 298. Pilgrim Nuclear Power Station. Plymouth County, Massachusetts Date of application for amendment October 2.1980 Brief description of amendment The amendment revises the Technical Specifications by adding Figure 3.11-7 to provide the maximum averageplanar linear heat generation rate (MAPLHGR) versus planar average exposure curves for fuel type BP8DRH300. This will allow the licensee to use fuel type BP8ORB308 in addition to the fuel types currently reflectedin curves in. Figure 3.11-6 through 3:11$ Date of issuance: April 9.1987 Effective date: 3o days after the dote of issuance. Amendment Na: tot Facility Operating License Nat DPR- .7 - Amendment revised the. Technical Specifications. Date of initial notice in Federal Register. November 19.1986 (51FR 416481 The. Commission's related evaluation of the amendment is contained ht a Safety Evaluation dated April 9. 1987. No significant hazards consideration continents received No Local Public Document Room location: Plymouth Public Library, 11 North Street, Plymouth. Massachusetts 02380. Commonwealth Edtssta Gorupany. Docket NooSTN 56484 and STN SO - 455. Byron Station, Units No.1 and; Ogle Canty. Illinois. Dale of application for amendment: January 8. 1987. supplemented March 4. 1987 and Meet 23.1987. Bnef description of amendment - These amendments revise Design Features Section 5.3.1 on page 54 to allow for the reconstitution of feet assemblies by Msettion of filler rods fabricated from Zircaloy4 or stainless steel or by leaving vacancies. The licensee's submittals dated March 4 and March 23.1987 were made as a result of NRC staff request to clarify the language of the original submittal and do not contain sehstandve changes. Pate of issuance. May 11987 Effective date: May 1. 1987 Amendment No.:7 Facility.Operetting License Nos- re 37 and NPF-at hmeadment revised the "'ethnical. Specifications. Dontaf tnitioineOc►ta Fedatat Reeser Pabmary11.19E?(12F114490 The Commissieri s related evaluation of the amendment ts contained in a Safety Evaluation dated May 1.1987 No significant hazards consideration comments received: No Local Public Document Room location: Rockford Public Library. 215 N. Wyman Street Rockford. Illinois mica Commonwealth Edison Company. Docket Not 50373 and 58374, La Salle County Station. Unite 1 and 2. La Sall* County. Illinois Dates of amendment netmeeter October 23.1908. as supplemented by letters dated November 5.1988. and March 8,1987 Berefdesaiption ofamendmentsThe amendment to Operating License No. NPP-11 and Operating License No: NPR DI revise the La Salle Units 1'and 2 Technical Specifications to change the GrouylMain Steam hthation Valves dome signal from Reactor Preawre Vessel Level 2 to Level 1. Changes to related systems are also effected. Date of issuance May 41967 EffectivednterMay Mar Amendment Noe.: 50 and 33 Facility Operating License Nos NPF- rt and NPF 18.' Amendments revise the Tedmical Specifications - Date of initial notice is Federal Register Novemberia. 1986(51 FR 41647) The Commisstou s related evaluation of the amendment is contained in a Safety Evaluation dated May 8.1987 No significant hazards consideration comments received No Local Public Document Room location Public Library of Minds Valley Community College, Rural Route No. 1. Oglesby. Mtnois 81348. Duke Power Company, Docket Noe. 55- 388 and Sf►37q D1cGuira Nuclear Station. Units 1 and 2, Mecklenburg County. North Carolina Date of application foramendmentt fury lanes, as revised April 13,1986 and supplemented October 30. and November 21.1986 Brief description of amendment= The amendarmts change Technical Specifications regarding emergency diesel generator testing and surveillance. Date of issuoncrMay & 1987 Effective dote May 8. 1987 Amrendatent aeu?rand52 Theta, rOp License Not NPR& andNPF-nr Ateendments revised the Technical SpedRpttoas. . Date of braid eia lhderal R*yMsr. l4mint7L 1988 (81 FR.3068t1 Federal Register { VoL W. No. 97 { Wednesday. May 20, 1967 [Notices The Commissions related evaluation of the amendments is contained in a Safety Evaluation dated May 5,1987 No significant hazards consideration comments received: Nc Local Public Document swam location: Atkins Library. University of North Carolina, Charlotte (UNCC Station). North Carolina 28223. Duke Power Company. Docket Nos. 50- 269.50.270 and 50-287, Oconee Nuclear Station. Units 1, 2. and 3, Oconee County, South Carolina Date of application for amendments August 15. 7964, as revised on July 5. 1985 Brief description of amendments The amendments revise TS &6-3 to reflect a new Limiting Condition for Operation (LCO) on the reactor building (RE) purge system. The RB purge system is required 10 be Isolated whenever the• eactor coolant system temperature is above 7.50T and the pressure is above 350 prim The LCO allows one isolation valve to open on each penetration at or below hot shutdown for testing or maintenance. TS 4.4.4 is added to reflect the RB purge system surveillance requirements and the purge valve seal inspection. Do:e of Issuance: April 30. 1987 Effective date: April 30.1987 Amendment Nos.: 157.157. and 154 Facility Operating Licenses Nos DFR-3B. DPR-47, and DPR-SS: Amendments revised the Technical Specifications. Date of initial notice in Federal Register. November 20, 1985 (50 FR 47800) The Commissions related evaluation of the amendments is contained in a Safety Evaluation dated April 30.1957 No significant hazards consideration comments received: No Local Public Document Room location: Oconee County Library, 501 West Southbroad Street, Walhalla, South Carolina 29891. Duke Power Company, Docket Nos. 50- 269. 50-270 and 50-297, Oconee Nuclear Station. linnet 2. end & Oconee County. South Carolina: Dale of application for amendments: February 12,199& as revised on October 10 and supplemented on October 20. 1996 Brief description of amendments: These amendments revise the Station's common Technical Specifications to describe.ihenperationand maintenance of the containmmthydrogenrrecombiner *Yeti= which -will serve aslbaprintery method for maintaiuinghydrogen .. concentration in the lrostIsnalent atmosphere below the deflig ition limit. The Hydrogen Purge Syetem.whicb presently contributes.to-bydrogen control will be available as a backup system, if needed Dote of Issuance: April30.19677 Effective doter Apr1130,1987 Amendment Nos: 156,158, and 155 Facility Operating Licenses Nos. DPR DPR47, and DPR-55: Amendments revised the Technical Specifications. Dote of initial notice in Federal Register. February 26„1987 [52 FR 5853) The Commission's related evaluation of the amendments is contained in Safety Evaluation dated April 30, 1987 No significant hazards consideration comments received: No Loca Public Document Room Iocatiom Oconee Comity library:501 West SouthbroadStreet. Walhalla. South Carolina 29891. Iowa Electric Light and Power Company, Docket No. 56331, Dian Arnold Energy Center. Lion Cotmty,iowa Date of application for amendment October 31,1986. as clarified March 20 1987 Brief description of amendment The amendment revised the Technical Specifications to support the reload and restart for Cycle 9 operation. The Technical Specification changes updated the fuel thermal limits. revised the Limiting Conditions for Operation and Surveillance Requirements for the Rod Sequence Control System and Rod Worth Minimizer, and modified the description of the control blades. Date of issuance: May 7.1987 .Effective date May 7.1987 Amendment No_ 142 Facility Operating License No. DPR- 49: Amendment revised the Technical Specifications. Axle of initial notice in Federal Register March 25, 2987 (52 FR 9572) The March 20.1987, submittal provided clarifying information and did not change the finding of the initial notice- The Commissions related evaluation of the amendment is contained in a Safety Evaluation dated May 7.1987. _. No significant hazards consideration comments received No Local Public Document Room location: Cedar Rapids Public Library. 500 First Street S.E. Cedar Rapids. Iowa 5240L Northeast Nuclear Energy emptily Docket No. 50425, M[Ilstooe'.Nurlem Power !Radon Unit No. It. New Logsdon County. Connecticut Date ofopplicohon for amendment September 5.3968 Brief description Ofoniendment The amendment revises. the Technical Specification Sections 4.6.&1.4.7.7. and 4.79 and 4.9.11 by replecing the 31 day requirement to verify the fan curves based on observed flow rates and presaur drops. Date of issuance: April 7, 1987 Effective dote: April 7.1987 Amendment 2 Facility Operating License No. NPF 49: Amendment revised the Technical Specifications Date of in idol notice in Federal Register: October 8.1986 (51 FR 36100) The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated April 7, 1987 No significant hazards consideration comments received: No. Loral Pabfic DacUment Room location:Waterford Public Library 49 Rope Ferry Road, Waterford Connecticut 08385. Omaha Public Power. District. Docket No. 50.285, Fort Calhoun Station. Unit Na.1, Wseid tgtoas County. Nebraska Dote of amendment request July 17 1988 Description of amendment request The amendment incorporates revised Limiting Conditions for Operation and Surveillance requirements for the steam generator isolation signet Date of issuance: April 28,1987 Effective date: 30 days from the date of issuance Amendment Ncz 108 Facilityeperoting License No. DPR 4?. Amendment revised the Technical Specifications Date of initial notice in Federal Register. August 13.1986 (51 FR 29007) The Coaunission'erelated evaluation of the amendment is contained in a Safety Evaluation dated April 28.1987. Local Public Document Room location: W. Dale Clark Library. 215 South 15th Street Omaha. Nebraska 88102 Omaha Public Power District, Docket No. 60.255, FortCalhowa Station, Unit No. 1. Washington County, Nebraska Date ofapplrcntion far amendment January 22 3987. as supplemented February 13 and 24.1987 Brief description of amendment The amendment modifies the Technical Specifications to reflect changes which are necessary to support Cycle 11 operation Date of issuance May 4.1987 Effeective date May 4.1987 Amendment No:109 Federal Register / Vol. 52. No. 97 / Wednesday, May 20. 1987 / Notices 18995 Facility Operating License No.. DPR- 40: Amendment revised the Technical Specifications. Date of initial notice M Federal Register. March 12, 1987 (52 FR 7875 at 7889). The licensees February 24.1987 submittal provided clarifying information regarding the analysis of Exxon fuel and a commitment to provide a report on Batches K and L fuel prior to reaching a peak assembly burnup of 43.000 MWD/MTU. This submittal did not alter the NRC staffs conclusion regarding a no significant hazards consideration determination. The Commissions related evaluation of the amendment is contained in a Safety Evaluation dated May 4.19e7. No significant hazards consideration comments received: No. Loco! Public Document Room location: W. Dale Clark Library. 215 South 15th Street Omaha. Nebraska 88102 Public Service Company of Colorado, Docket No. 50487, Fort SR Vra1n Nuclear Generating Station, Platteville, Colorado Date of application for amendment December 19.1988 Brief description of amendment The amendment changed. Technical Specification Section 4.10.7, Table 4.10-7 to properly reflect the actual location of Fire Hose Station No. TH12-G4 as elevation 4904 Date of issuance: May 5, 1987 Effective date: May 5, 1987 Amendment No.:69 Facility Operating. License No. DPR- 34: Amendment revised the Technical Specifications. Date of initial notice In Federal Register. March 25.1987 (52 FR 9581) The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated May 5, 1987. Nosignificant hazards consideration comments received: No. Local Public Document Room location: Greeley Public Library. City - Complex Building, Greeley, Colorado. Public Service Electric and. Gas Company. Docket Nos. 54272 and 50- 311, Salem Nuclear Generating Station Unit Nos.1 and 2, Salem County. New Jersey Dote of application fa amendments: February 0 1988 Brief description of amendments: The amendmentsmodify the Technical Specifications to dente the capacities of the manipulator crane and the fuel ' handling area Crane. DateofIssuance: March 31,1987 Effective date:March 1987 Amendment Nos 77 and Si Facility Operating License Noe. DPR- 70 and 7S Amendments revised the- TechnicalSpecificationw Date of initial notice in Federal Register: August 31, 1988 (51 FR 29013) The Commissions related evaluation of the amendments is contained in a Safety Evaluation dated March 31.1987. No significant hazards consideration comments received: No.. Local Public Document Room location Salem Free Library. 112 West Broadway. Salem, New Jersey 08079. Public Service Electric and Gas Company. Docket Nos. 50-272 and 50- 311. Salem Nuclear Generating Station Unit Nos.1 and 2. Salem Camty, New Jersey Date of application foramendamat October 25.1985 and supplemented by letter dated July 31,1988. and October 24,198& Brief description of amendments: The amendments delete the Technical Specifications relating to the high boron concentration in the boron injection tank and the associated heat tracing required to maintain the high boron concentration solution. The licensee's supplementary submittals of July 31, and October 24, 198& were made as a result of an NRC staff request to Clarify the language of the original submittal; dated October Z5. 1985, and do not contain substantive D� of issuance: April 7.1987 Effective date: April 7,1987 Amendment Nos78 and 52 Facility Operating License Nos. DPR- 70 and 75: Amendments revised the Technical Specifications. Data of initial notice in Federal Register. March 121988 (51 FR 8801) The Commission s related evaluation of the amendments is contained in a Safety Evaluation dated April 7.1987 No significant hazards consideration - comments received: No. Local Public Document Room location: Salem Free Library, 112 West Broadway, Salem. New Jersey 08079. Public Service Electric and Gas Company, Jwket No. 54272 and 50.511, Salem Nuclear Generating Station Unit Nos. 1. and; Salem County. New Jersey Date of application for amendment September 21. 1984 and supplemented August 8.1988. Brief description of amendment The amendments revise theterhnteal specifications, Appendix A. sections `re_ga..rd_inggl`ccidentt.)M�.onittoryi-ng_'._ - Instrumentation alW Radiation. Monitoring: histrumenhtlon.. The licensees submittal of August & 1988, was made as a mull of NRC staff request to clarify the language of the original submittal dated September 21. 1984. and does not contain substantive changes. Date of issuance: April 10.1987 Effective date- Apri110. 1987 Amendment Nos 79 a 53 Facility. Operating License Nos. DPR- 70 and 7S Amendment revised the Technical Specifications. Date of Initial notice in Federal Register. February 27.1985 (50 FR 8002) The Commissions related evaluation of the amendment is contained in a Safety Evaluation dated April 10. 1987. No significant hazards consideration comments received: No. Local PublicDacument Room location: Salem Free Library. = West Broadway. Salem. New Jersey 08079. South Carolina Electric h Gas Company, South Carolina Public Service Authority. Docket No. 50-395, Vigil C. Summer Nuclear Station. Unit No.1, Fairfield Cmmty. South Carolina Date of application for amendment - December 10.198& as supplemented March 17 and April 3.1987 Brief description of amendment Decreases the meadmum allowable I lzat Flux Hot Channel Factor in support of increased steam generator tube Planing - Date of issuance:..Apri128,1987 Effective date: April 28, 1987 Amendment No. 66 Facility Operating License No. NPF- 12 Amendment revised the Technical Specifications Date of initial notice in Federal Register .Marcia 12.1987 (52 FR 7898) The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated April 28.1987 No significant hazards consideration comments received: No Local Public Document Room location: Fairfield County Library. Garden and Washington Streets. Winnsboro. South Carolina 29180. Union Electric Company, Docket No. Se - 483, Callaway,Plant. Unit 1. Callaway County, Missouri (tote of application for amendment September 29.1984 as supplemented February 18.1981. IOW description of amendment The amendment changes the Technical Specifications to increase overall emergency diesel generator reliability and to prevent undue stress and weer on the diesel generator engines.::. Date ofissuancr May 1. 1987 : Eflactivezk tx-May 1: wet 18996 Federal Register / Vol. 52, No. 97 f Wednesday. May 20, 1987 J Notices Amendment No: 21 Facility Operating License Na NPF 30: Amendment revised the Technical Specifications. ' Date of initial Aotipriu Federal Register. December 3,1906 (51 FR 43665) The February 18, 1987 submittal contained only minor changes to. and clarification of, the original application. It was consistent withthestaffs original findings. The Commissions related evaluation of the ameorimeul is contained in a Safety Evaluation dated May 1.1987. No significant hazards consideration comments received: No Local Public Document Room location: Callaway County Public Library. 710 Court Street. Fulton, Missouri 65251 and the john M. Olin Library, Washington University. Stingier and Lindell Boulevards. SL Louie. Missouri 63130. Wisconsin Public Service Corporation, Docket No. 50.365, Kewaunee Nuclear Power Plant Kewaunee County. Wisconsin Dote of applicotion for amendment - October 23,1985 and as amended January 30. 1987. Brief description of amendment This amendment allows steam generator tube repairs as well es plugging in order to isolate unacceptable tube degradation. Date of issuance April 1,1987 Effective date: April 1.1987 Amendment No.:73 Facility Operating License No. DPR- 43: Amendment revised the Technical Specifications. ' Dote of initio/ notice in Federal Register. December 304 19&5 (50 FR 53236) The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated April 1,1967. No significant hazards consideration comments received: No. Local Public Document Room location: University of Wisconsin Library Learning Center, 2420 Nicolet Drive. Green Bay. Wisconsin 54301. NOTICE OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND FINAL DETERMINATION OF NO SIGNIFICANT HAZARDS CONSIDERATION AND OPPORTUNITY FOR HEARING (EXIGENT OR EMERGENCY CIRCUMSTANCES) During the period since pub(katkm of the lest bi-weekly notice. the Commission bet issued the following amendments. The r cenmission has determined for each of these amendments that the application for the amendment complies with the standards and requirements of the Atomic Energy Act of WM. as amended (the Act), and the Commission's roles and regulations. The Commission has made appropriate findings as required by the Act and the Commissions rules and regulations in 10 CFR Chapter L which are set forth in the license amendment Because of exigent or emergency circumstances associated with the dale the amendment was needed, there was not time for the Commission to publish. for public comment before issuance, its usual 30 -day Notice of Consideration of Issuance of Amendment and Proposed No Significant Hazards Consideration Determination and Opportunity for Hearing. For exigent circumstances. the Commission has either issued a Federal Register notice providing opportunity for public comment or has used loan) media to provide notice to the public in the area surrounding a licensee's facilityof the licensee's application and of the Commissions proposed determination of no significant hazards consideratian. The Commission hae provided a - reasonable opportunity for the public to comment, using its best efforts to make available to the public means of communication for the public to respond quickly. and in the case of telephone comments, the comments have been recorded or transcribed as appropriate and the licensee has been informed of the public comments. In circumstances where failure to act in a timely way would have resulted, for example. in deriding or shutdown of a nuclear power. plant or in prevention of eitherresumption of operation or of increase in power output zp to the plant's licensed power level the Commission may not have had an opportunity to provide for public comment on its no significant hazards determination. In such case, the license amendment has been Issued without opportunity for comment if there has been some time for public comment but less than 30 days. the Commission may provide an opportunity for public comment.'" comments have been requested. it is so stated. In either event, the State has been consulted by telephone whenever possible Under its regulations. the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before ft of a regaest for a hearbm fromany perste-1n advance of the bolding and completion of any required hearing: where it has determined that no significant hazards considerationisbrvolved. The Commia(an bat applied the standards of 1O CM 3092 and has made a final determination that the amendment involves no significant hazards consideration. The basis for this determination is contained in the documents related to this action_ Accordingly. the amendments have been issued and made effective as indicated. Unless otherwise indicated. the Commission has determined that these amendments s tisfy the criteria for categorical exausion in accordance with 10 CFR 5122 Therefore, pursuant to 10 CFR 5122,()), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared as environmental aswsment under the special circumstances provision in 10 CFR 51.12(b) and has made a determination based on that assessment, it is so indicated_ For further details with respect to the action eee (1) the application for amendment, (2) the amendment to Facility Operating License. and (3) the Commission's related letter, Safety Evaluation and/or Environmental Assessment as Indicated. All of these items areavailable for public inspection at the Commissions Public Document Room, 1717 H Street NW_ Washington. DC, and at the local public document room for the particular facility involved. A copy of items (2) and (3) may be obtained upon request addressed to the U. S. Nuclear Regulatory Commission, Washington. DC 70e55 Attention: Director, Division of Licensing. The Commission is also offering an opportunity for ahearing with respect to the issuance of the amendments. By June 19,196!, the licensee may file a request for a heating with respect to issuance of the amendment to the subject facility operating license end any person whose interest may be affected by this proceeding and who wishes to participate as a parry in the proceeding must file a written petition for leave to intervene. Requests for a beanM3 and petitions for leave to intervene shall be filed in accordance with the Commission's 'Mules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.1f a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board. designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel. will rule on the request and/or petition and the Secretary or the designated Atomic Safety and .f icensingBoard will issue a notioe of bearing or an appropriate order. .. As requited by 10 CFR 2-714.a petition forleevetointerveaesbaAset . forth with particularity the interest of Federal Register / VoL 52. No. 97 / Wednesday. May 20. 1987 / Notices 18997 the petitioner in the proceeding and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature or the petitioners right under the Act to be made a party to the proceeding: (2) the nature and extent of the petitioner's property, financial. or other interest in the proceeding .and (3) the possible effect of any order which may be entered in the proceeding on the petitioners interest The petition should also identify the specific aspect(s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to Fifteen (15) days prior to the first prehekaring conference scheduled in the proceeding. but such an amended petition must satisfy the specificity requirements described above. Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding. a petitioner shall tile supplement to the petition to intervene which must include a list of the contentions which are soughtto be litigated in the matter. and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to [natters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding. subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. :Including -the opportunity to present evidence and cross-examine witnesses. Since the Commission has made a final determination that the amendment involves no significant hazards consideration, if a hearing is requested it will not stay the effectiveness of the amendment Any hearing held would take place whiletheimendmemt is in effect A request for a heating or a petition for leave to intervene must be filed with the Secretary of the Commission. ILLS. Nuclear_ Regulatory.. Commission.:.. Washington. DC 20555. Attention: Docketing and Service Branch, or may.. be delivered to the Commission's Public Document Room.1717 H Street NW_ Washington. DC, bythe above date. Where petitions are filed during the last ten (10) days of the notice period it is requested that the petitioner promptly so inform the Commission by a toll -free telephone call to Western Union at (800) 325-8000 (in Missouri (800) 342-6700). The Ih'estern Union operator should be given Datagram Identification Number 3737 and the following message addressed to (Project Director): petitioners name and telephone number, date petition was mailed plant name: and publication date and page number of this Federal Register notice. A copy of the petition should also be sent to the Office of the General Counsel -Bethesda, US. Nuclear Regulatory Commission. Washington. DC 20555, and to the attorney for the licensee. Nontimely filings of petitions for leave to intervene. amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission. the presiding officer or the Atomic Safety and Licensing Board, that the petition and/or request should be ranted based upon a balancing of the factors specified in 10 CFR 2.714(e)(1)(i)- (v) and 2214(d). Northeast Nuclear Energy Company, Docket No. 50473 Millstone Nuclear Pt;wesStation Unit 3, New London County. Connecticut Date of application for amendment April 8.1987 Brief description of amendment The amendment would increase the engineered safety features (ESP) response time for Low Steamlina Pressure in Technical Specification Table 3.3-5, Item t.a by 15 seconds. to 77 seconds with offsite power and 37 seconds without offsite power. Date of issuance:'April 9.1987 Effective date: Aprit9.1987 Amendment No: 3 - Facility Operating License No. NPF 41? Amendment revised the Technical Specifications. Public comments requested as to proposed no significant hazards consideration: No The Commissions related evaluation of the amendment and final no. significant hazards considerations determination arc contained in a Safety Evaluation dated Rpri19.1987..Mr. IC McCathy of the State of Connecticut was consulted concerning the. proposed emergency technical specification. change on April 7.1987. After discussion of the: proposed change. Mr. McCarthy indicated that all his comments have beenresolved . L Attorney forlicansee: GeraldOarfield Esquire: Day. Berry andHoward Counselors at Law. Gty Place, Hartford Connecticut 08103-3499. Local Public Document Boom location: Waterford Public Library. 49 Rope Ferry Road. Waterford. Connecticut 1VRC Project Director: Victor Neves, Acting Director Union Electric Company. Docket No. 50- 483. Callaway. Pleat, Unit 1, Callaway County, Missouri Dote of application for amendment: April 18.1987 Brief description of amendment The amendment revises Table 3.3.5 of the Technical Specifications to increase the Engineered Safety Features (F$F) response times by fifteen seconds for Items: 2.a. (Containment Pressure -High - 1, Safety Injection): 3:a. (Pressurizer Pressure -Low, Safety Injection): and 4.a. (Steam Line Pressure -Low. Safety Injecton).. Date of issuance: May 4.1987 Effective date: May 4.1987 Amendment No.: 22 Facility Operating License No. NPF- 311 Amendment revised the Technical Specifications. Public comments requested as to proposed no significant hazards consideration: Yes. 52 FR 13367. April 721987. Comments received:. No The Commissions related evaluation of the amendment is contained in a Safety Evaluation dated May 4.1987 Attorney for licensee: Gerald Charnoft Eaq_ Shaw. Pittman. Potts & Trowbridge, 2300 N Street NW_ Washington. DC 20037. Local Public Document Room location: Callaway County Public Library, 710CourtStreet Fulton. Missouri 455251 and the John M- Olin library. Washington: University. Skenher and Lindell Boulevards, St Louie, Missouri 83130... NRC Project Dinsctor David L WDated a Maryland this 14th day of May. mar. For the Nuclear Regulatory Commission Bruce A. Boger, Acting Director Division of Reoctor Proje ca I/17 (FR Doc. n.7-11406 Fried 5-1947: M45 en] IRWIN cas[ tws4t-s NATURAL ENERGY RESOURCES COMPANY June 10, Mr. Richard Gorton EIS Director Department of: the Army ` ,Omaha District, Corps of Engineers 1612 U.S. Post Office and Courthouse Omaha;, NE 68102-4978 Subject: Union Park Alternative - Metro Denver Water, Supply EIS Dear Mr. Gorton: _ This -letter -with attachments -is -Natural -Energy's (nECO)-formal-.sesponse.to your May 21, 1987 letter regarding the Corps' current evaluation of the site -specific Union Park Water Supply Project. To briefly summarize, Union Park is a highly efficient, environmentally sound water supply system specifically designed to benefit Colorado's four largest river basins while satisfying the future population growth along the Front Range. The concept involves accumulation and storage of surplus Upper Gunnison flood waters in a high altitude 900,000 acre feet Union Park Reservoir for later gravity release to the South Platte, Arkansas, and Gunnison. Rivers during critical. drought perioda when water is needed and the river ecosystems are endangered. This system also benefits the Upper Colorado River Basin because (contrary to Two Forks and its related expansion plans) it eliminates the need to further "dewater" this important area vhere river - environments are already overburdened with nine major water diversion tunnels to the East Slope. The upper Gunnison is one of Colorado'swettest areas, has never been tapped for transmountain diversion, and unfortunately, was not considered as an alternative eater source in the Metro Denver EIS. The attached answers to your: specific questions show why UnionPark -is clearly superior to the other transmountain alternatives, including Two Forks, Nomestake II, and their future expansion projects. Since. Union Park and several other ongoing alternatives were not considered in the Draft EIS as required by the National Environmental -Policy Act (NEPA), we wholeheartedly concur. with EPA's April 23,-1987 rejection and recommendation that a Supplemental Draft EIS be completed as soon as possible for public -review. We also request the Denver Water Department's secret Two Forks hydrology data be made available for -public review and analysis to comply with the open intent of the EIS process. We are; looking forward to meeting with you `in"Omaha at your earliest convenience to 'assist In your system vide evaluation of the Union; Park alternative. sincerely _ cc: DWD and others Incl: Answers and Comments with Attachments Allen D. (Dave) Hiller President !e 56 - RU. (Mx 567 • Palmer Lake, Colorado 80133 - (303) 481-2003 3d Mrco _0_,-1-S1 Hello