HomeMy WebLinkAbout860699.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A CUSTOM FEEDLOT
CONTAINMENT OPERATION (4 , 000 HEAD OF CATTLE) - DENNIS E. AND
BILLIE L. STUEHM
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 30th day of July, 1986 , at the hour of 2 : 00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of Dennis E. and Billie L. Stuehm, 18027 Weld County
Road 84 , Ault, Colorado 80610 , for a Use by Special Review for a
custom feedlot containment operation (4, 000 head of cattle) on the
following described real estate, to-wit:
Part of the SW4 , Section 6 , Township 7 North,
Range 65 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 proposal is consistent with the intent of the
Weld County Comprehensive Plan. The Comprehensive
Plan encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local
economy or environment.
/.:' / 860699
Page 2
RE: US-R - STUEHM
b. The proposed use is an agricultural activity and
site, therefore, consistent with the intent of the
agricultural district.
c. The uses permitted will be compatible with the
existing surrounding land uses and with future
development of the surrounding areas as permitted
by the Agricultural Zone District.
d. The Town of Ault ' s Planning Commission reviewed
this request and has no objections.
e . No overlay districts affect the site.
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 a
Use by Special Review for a custom feedlot containment operation
(4 , 000 head of cattle) 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 . Additional building or electrical permits shall not 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. Within thirty days of approval by the Board of County
Commissioners the applicant/operator shall submit to the
Colorado Department of -Health, Water Quality Control
Division, an engineering report demonstrating compliance
with its Guidelines for Design of Feedlot Runoff
Containment Facilities . The report shall conform to the
requirements of Section 8 . 3. 4 of the Colorado Department
of Health, Water Quality Control Commission' s Guidelines
for Design of Feedlot Runoff Containment Facilities .
The applicant/operator shall submit evidence of approval
by the Colorado Department of Health, Water Quality
Control Division, to the Department of Planning Services
within 120 days of final approval by the Board of County
Commissioners .
860699
Page 3
RE: USR - STUEHM
4. Prior to recording the plat the applicant/operator shall
submit a revised mylar plat which reflects all easements
associated with the engineered feedlot runoff system,
and all uses and buildings existing and proposed on the
site.
5. All right—of-way easements pertaining to the feedlot
runoff containment system shall be incorporated into a
deed and recorded in the office of the Weld County Clerk
and Recorder. Evidence of recording shall be submitted
to the Department of Planning Services prior to
recording the Use by Special Review Plat.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 30th day of
July, A.D. , L986 .
Q�A_ BOARD OF COUNTY COMMISSIONERS
ATTEST; 7 1/wnerry WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE 9F SIGNING - AYE
and Clerk to the Board Jacquel nt . : nso e Chairman
/ /
j O
13Y; 2 ..Y/�.-�--�c ! J G.`�.,�-.,,,.'-a S , Ste.-Tem
D puty County C ark
APPRO ED AS TO FORM: Gene R. Bran ner
EXCUSED
C.W. y /lti/grv' Cre<
County Attorney yFranc
860699
DEVELOPMENT STANDARDS
Dennis E. and Billie L. Stuehm
USR-744 : 86 : 26
1 . The Use by Special Review permit is for a livestock
containment operation for cattle 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 cattle permitted shall be four
thousand head.
2. The applicant shall be responsible for implementing and
mainta-ining the feedlot runoff containment system in
accordance with the concepts set out in option #3 O± the
engineered report as prepared by Carlson Enterprises . All
waste retention facilities shall meet and be maintained in
accordance with the State Health Department' s Guidelines for
Design of Feedlot Runoff Conta-inment Facil-ities . The
applicant shall be responsible for any additional
requirements issued by the Colorado Department of Health,
Water Quality Control Division.
3. The boundary between the feedlot and the farmland shall be
built up at least one foot or an adequate channel built, so
that irrigation and storm runoff from the cropland cannot run
into the feedlot area , as recommended by the West Greeley
Soil Conservation Service.
4 . All construction done on the property shall be in accordance
with the requirements of the Weld County Building Cone
Ordinance.
5 . 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.
7 . 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.
860699
Page 2
DEVELOPMENT STANDARDS - STUEEM
8. 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.
9 . 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.
860699
HEARING CERTIFICATION
DOCKET NO. 86-48
RE: USE BY SPECIAL REVIEW FOR A CUSTOM FEEDLOT CONTAINMENT OPERATION
(4,000 HEAD OF CATTLE) - DENNIS E. AND BILLIE L. STUEHM
A public hearing was conducted on July 30, 1986, at 2:00 P.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gordon E. Lacy, Pro-Tem
Commissioner Gene Brantner
Commissioner C.W. Kirby - Excused
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Debbie de Besche
The following business was transacted:
I hereby certify that pursuant to a notice dated July 14, 1986, and
duly published July 17, 1986, in the Johnstown Breeze, a public hearing
was conducted to consider the application of Dennis E. and Billie L.
Stuehm for a Use by Special Review for a custom feedlot containment
operation (4,000 head of cattle) . Lee Morrison, Assistant County
Attorney, made this matter of record. Debbie de Besche, representing
the Planning Department, read the favorable recommendation of the
Planning Commission -into the record. She said this recommendation is
based upon five Conditions and nine Development Standards. She also
stated that an engineering report has been submitted listing three
alternatives for compliance -with Colorado State Health Department
regulations; however, at this time, the facility is not in compliance.
Because the facility is not currently in compliance, she said the
Planning staff recommends that Conditions 3, 4 and 5 and Development
Standard 2 be amended, and she read the proposed Conditions and
Development Standard into the record. Pat McNear, of Scott Realty,
came forward to represent the applicants. Discussion centered around
the runoff containment system for the facility. Mr. McNear said the
applicant-s will probably use a modification of Alternate #3 of the
engineering report. It was the concensus of the Board that the
proposed Development Standard #2 should be amended to state, "The
applicant shall be responsible for implementing and maintaining the
feedlot runoff containment system in accordance with the concepts set
out in option #3 of the engineered report, as prepared by Carlson
Enterprises. . ." No public comment was received concerning this
request. Commissioner Lacy moved to approve the Use by Special Review
for a livestock containment operation, subject to the recommendations
of the Planning Commission, the amended Conditions recommended by the
Planning staff, and Development Standard #2 amended as discussed. The
motion was seconded by Commissioner Brantner and carried unanimously.
Page 2
RE: USA - STUEHM
This Certification was approved on the 11th day of August, 1986.
APPROVED:
0.4,,,,1/444.4.41,14,t;„
BOARD OF COUNTY COMMISSIONERS
ATTEST: Q u WELD COUNTY, COLORADO
Weld County Clerk and Recorder •
and Clerk to the Board Jacque a J. •- on rman
133"`— De uty County Clerk G. ,n P 'st
,
Gene R. Brantner
EXCUSED
C.W.the- ,
Kirby
TAPE #86-57
DOCKET #86-48
PL0063
860696
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS : JULY 30, 1986
DOCKET # 86-48 -USR-CUSTOM FEEDLOT CONTAINMENT OPERATION - DENNIS E. & BILLIE L. STUEHM
DOCKET #
DOCKET #
PLEASE write or print legibly your nam" address and the %OC 4 (as Listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
USR-744:86:27
Amended Conditions
3. Within 30 days of final approval by the Board of County Commissioners
the applicant/operator shall submit to the Colorado Department of
Health, Water Quality Control Division, an engineering report
demonstrating compliance with its Guidelines for Design of Feedlot
Runoff Containment Facilities. The report shall conform to the
requirements -of Section 8.3.4 of the Colorado Department of Health
Water Quality Control Commission's Guidelines for Design of Feedlot
Runoff Containment Facilities. The applicant/operator shall submit
evidence of approval by the Colorado Department of Health, Water
Quality Control Division, to the Department of Planning Services within
120 days of final approval by the Board of County Commissioners.
4. Prior to recording the plat the applicant/operator shall submit a
revised mylar plat which reflects all easements associated with the
engineered feedlot runoff containment system, and all uses and
buildings existing and proposed on the site.
5. All right-of-way easements pertaining to the feedlot runoff containment
system shall be incorporated into a deed and recorded in the office of
the Weld County Clerk and Recorder. Evidence of recording shall be
submitted to the Department of Planning Services prior to recording the
Use by Special Review Plat.
Amended Development Standard #2
2. The applicant shall be responsible for implementing and maintaining the
feedlot runoff containment system in accordance with the engineered
report, as prepared by Carlson Enterprises. All waste retention
facilities shall meet and be maintained in accordance with the State
Health Department's Guidelines for Deisgn of Feedlot Runoff Containment
Facilities. The applicant shall be responsible for any additional
requirements issued by the Colorado Department of Health, Water Quality
Control Division.
E - Office:303•352• 0160
-  Answering Service:
ARLSON
NTERPRISES
ERPRISES
16696 W.C.R. 70 Greeley, Colorado 80631
July 29, 1986
Mr. Dennis Stuehm 0
18027 W.C.R. 84
Ault, Colorado 80610 JJL 2J1986Li
Subject: Use by Special Review
Engineering Report Weld Co. Planning Commission
Dear Mr. Stuehm:
Enclosed herewith is the Engineering Report for your feedlot
runoff containment system. I, along with Dick Leffler, have
attempted to provide you and Weld County officials sufficient
information to meet with county approval .
We have evaluated several options available to you and have
briefly summarized three of them. Our recommendation is to
utilize the embankment berm concept.
This report has been prepared in accordance with all appli-
cable State of Colorado standards and guidelines with regard
to surface and groundwater quality protection. At such time
you are prepared to schedule construction, we will be happy
to provide all the final engineering details and designs,
along with cost estimates.
This report and any future work on this project has been and
will be prepared by a Professional Engineer registered in the
State of Colorado.
Sii/ncerely,
to C. Cielp
7.
Don Carlson, P .E. `c:)• ,Y _9F0 O`!
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ENGINEERING REPORT
RUNOFF CONTAINMENT FACILITIES
FOR
DENNIS STUEHM FEEDLOT
SECTION 1
INTRODUCTION
The purpose of this project and report is to evaluate various
options for controlling feedlot runoff from the Dennis Stuehm
Feedlot operation northeast of Ault, Colorado . This report
has been prepared in accordance withthe Colorado Department
of Health, Water Quality Control Commission "Guidelines for
the Design of Feedlot Runoff Containment Facilities, " May 1978 .
The feedlot is located approximately one mile east and one
mile north of Ault, Colorado, northeast of the intersection of
Weld County Roads 37 and 84 . (Figure 1) The farming operation
is located on the SE Quarter, Section 6, with the farmstead
and feedlot on the southeast corner of the section.
Figure 2 describes the locations of cattle pens, farmstead
area and farming operation. Also shown are elevations and
distances. The feedlot and entire farm is situated on very
flat land surface with the north-to-south slope less than
0. 4 percent and west-to-east slope less than 0 . 5 percent.
Historically, the minor amounts of feedlot runoff occurring
even from major rainfall events has flowed to the east along
County Road 84 to an irrigation tailwater return pond situated
at the lowest elevation of the farm. This tailwater is pumped
back onto irrigated crop land by means of a highly efficient
and well-engineered irrigation system. These return flows
can be utilized to irrigate over 140 acres of farm ground .
It is the intent of this project and report to design and
recommend a runoff containment and control system which can
be incorporated into the existing irrigation system and at
the same time meet all Federal, State and local requirements .
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SECTION 2
DESIGN REQUIREMENTS
The following is a brief summary of the basic preliminary
considerations involved in designing containment facilities
for feedlots:
1 . The pen areas should be graded and/or operated
in such a way to prevent storm waters from accum-
ulating .
2 . Storm water runoff from areas surrounding the
actual feedlot area should be diverted around
the pens and feed area .
3 . Containment facilities should be designed with
high priority given proper and efficient mainten-
ance .
4 . The pens should also be cleaned on a periodic
basis (once per year) .
5. Runoff containment facilities must be designed
to retain all runoff from precipitation events
less than the design storm, which is a 25-year,
24-hour event.
6 . Feedlots having an earthen base must contain
just the runoff and not the actual precipitation
volume.
7 . Containment of runoff does not require retention
ponds . Other measures can be designed, such as
dikes, terraces or other facilities .
The following criteria describe in more specific detail the
requirements for this facility:
Precipitation and Runoff :
25-year, 24-hour precipitation event = 3 . 2 inches
3 . 2 inches precipitation = 2 . 26 inches runoff
(SCS Curve 91)
Area:
Total farm area - 160 acres
Farmstead and feedlot area = 19 . 59 acres
Farmstead area = 3 . 11 acres
Cattle pen area = 16 . 48 acres
Contributing area to tailwater pond = 124 acres
Runoff Volume:
Cattle pen area = 2 . 26 inches x 16 . 48 acres
= 3 . 1 acre-feet
= 135, 198 cubic feet
Farmstead and feedlot area = 2 . 26 inches x 19 . 59 acres
= 3 . 7 acre-feet
= 160, 712 cubic feet
Contributing area to tailwater pond
(Use CN = 91 for 19. 59 acres
and CN = 80 for cropland - 104 acres)
(2 . 26 inches x 19 . 59 acres) +
(1 . 40 inches x 104 acres) = 15 . 8 acre-feet
= 689, 700 cubic feet
Sedimentation Volume:
Allow 20 percent of total runoff volume for
sediment capacity
Cattle pen area = 1 . 2 x 3 . 1 - 3 . 72 acre-feet
= 162, 043 cubic feet
Tailwater pond area = 1. 2 x 15 . 8 = 18 . 96 acre-feet
= 825 , 897 cubic feet
Embankments and Dikes :
Side slopes = 2 feet (horizontal) to 1 foot (vertical)
Top width = 8 feet minimum
Spillways should pass flows exceeding the design
storm.
Freeboard - 1 foot measured above invert of
spillway
Land Disposal:
System capable of removing runoff waters within
15 days after storm .
SECTION 3
ALTERNATIVES
There are three basic alternative solutions to contain the
feedlot runoff:
1 . Construct a single retention facility immedi-
ately east of the southeast corner of the feed-
lot area.
2 . Construct a long , narrow retention facility
originating at the southeast corner of the
feedlot area and extending eastward to the
tailwater pond.
3 . Construct an embankment or dike along the south
and east boundaries of the 160-acre farm and
collect feedlot and cropland runoff .
Alternate 1 - Retention Pond
Requires 3 . 1 acre-feet capacity ( 135 , 200 cubic feet)
Approximate dimensions:
50 feet wide
215 feet long
10 feet deep
Note: Any combinations of dimensions
resulting in 135, 200 cubic feet .
This alternative would require an emergency spillway
and pumping facilities. Includes 2 to 1 side slopes
and one foot freeboard .
Alternate 2 - Retention Channel
Also would require 3 . 1 acre-feet capacity or
135, 200 cubic feet.
Approximate dimensions :
1100 feet long
7 feet deep
10 feet bottom width
38 feet top width
( 2 to 1 side slopes trapizoidal )
This facility could be constructed with a manually
operated outflow structure to the existing tailwater
pond and not require pumping .
Alternate 3 - Embankment System
The required storage volume to contain runoff
from the contributing cropland and the feedlot
and farmstead area would be approximately 825 , 900
cubic feet. The containment area would be
triangular in shape with the south and east
embankment height dependent on the lengths of
each.
•
V - A (a + b + c)
3
825, 900 c . f . = X2 ( 0 + 0 + 4 feet)
2
3
X - 1113 feet
COMPARISON OF ALTERNATIVES :
Alternate 1 - Retention Pond
Volume = 135, 200 cubic feet = 5007 cubic yards
Excavation cost estimate ( $5 . 00/c.y. ) = $25, 000
Alternate 2 - Retention Channel
Same volume and excavation costs as retention
pond but utilizes existing irrigation pump-back
system.
Alternate 3 - Embankment System
Volume = 2, 679 cubic yards
Excavation cost estimate ($5 . 00 c .y . ) = $13 , 400
This option can also utilize existing irrigation
pump-back system.
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NOT I C E
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 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 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.
APPLICANT
DOCKET NO. 86-48 Dennis E. and Billie L. Stuehm
18027 Weld County Road S4
Ault, Colorado 80610
DATE: July 30, 1986
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Custom feedlot containment operation
(4,000 head of cattle)
LEGAL DESCRIPTION: Part of the SWi of Section 6, Township 7 North, Mange 65
West of the 6th P.M. , Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FFUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: July 14, 1986
PUBLISHED: July 17, 1986, in the Johnstown Breeze
4,vms,i
AFFIDAVIT OF PUBLICATION
NOTICE
Pursuant to the zoning alaw
nd
the State of Cobiago andethe of THE JOHNSTOWN BREEZE
W d County Zoning Ordinance STATE OF COLORADO 1
a Public-hearing will be held In
the Chambers of the Booed of ) s5
County Commissioners bfWela COUNTY OF WELD 1
County, Colorado, Weld Count
y Centennial Center, 915 10th I, Clyde Briggs, do solemnly swear that I
Street, Flret Floor, Greeley,
Colorado, at the time apep5led. am publisher of The Johnstown Breeze;
All persona In any ,tanner that the same is a weekly newspaper
interested in the Use bto !tacit printed, in whole or in part, and published
Review are requested tq attend
and may be hears in the County of Weld, State of Colorado,
Should the applicant or -any and has a general circulation therein; that
Interested party desire the
Presence of a court reporter to said newspaper has been published
make a record of the pro- continuously and uninterruptedly in said
record-which willMbe k the taped
the hearing, the Clerk p din,9 County of Weld for a period of more than
Boards Office.can be Contacted fifty-two consecutive weeks prior to the
for a list of court reporters lhthe first publication of the annexed legal notice
obtained,the Clerk to the Eklarortery a newspaper
Office shall be advised In wiltingOr advertisement; that said news )a has
of such action at least five-da been admitted to the United States mails as
prior to the hearing The cost of l second-class matter under the provisions of
be°baomebyt erequeststngpaarrtty. the Act of March 3, 1879, or ally
BE IT ALSO KNOWN that the amendments thereof, and that said
taM and mapawcartgled bYthe newspaper is a weekly newspaper duly
Commis-
saloon County Planning
examinetl n thin:
efflce of the Clerk to thel?loerd qualified for_publishing legal notices and
of
County Commissioners, located advertisements within the meaning of the
in the Weld Coun.ttvvr�rCentennial laws of the State of Colorado.
Center, 915 th StrfBet'.Third That theannexed legal
notice or advertise-
DOCKET NO. lift-48 meet was published in the regular and
APPLICANT entire issue of every number of said weekly
DENNIS E. AND newspaper for the period of f consecu-
18027 Weld County Ro a 8o, , five insertions; and that the first
Ault,.Colorado eoelo publication of said notice was in the issue of
DATE: July 30, 1986 said newspaper dated ?-.L2. A.D. 1914
TIME: 2:00 P.M. and that the last publication of said notice
REQUEST: Use by Special was in the issue of said newspaper dated
Review - Custom feedlot-ccon- A.D. 19
tainment
rattle operation (4,000 head
of cattle) lq,witness whereof I have hereunto set
my hand this 2Z day of ...�
LEGAL DESCRIPTION: Part of A.D. 19. .G
the SM,of Section 6 Township
7 North, Range 65 West of the
6th P.M, Weld County, Colorado
BOARD OF COUNTY ��� s
COMMISStO ¢ S /'
WELD COIF' ! Publisher
cowo0
' cow • //
BY: MARY ANN
FEUERSTEIN
. COUNTY-CLERK AND Subscribed and sworn to before me, a
RECORDER AND CLERK
TO THE BOARD Notary Public in and for the County of
BY; Mary Reiff, Deputy Weld,nn State of Colorado, this „2.n.. day of
DATED: July 14, 1986
e' A.D. 19.a:-.4.2.
PUBLISHED: July 17, T986, in T _ �
the Johnstown Breeze �. - //f/ �¢r,
--_ notary Public.
Myµfo r4TInist iEcSrurre.74o.1Sd]
2 Soeth Plcsh A,,,-..2:,
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PROOF OF PUBLICATION
The North Weld Herald NOTICE
Pummel toEaton, Colorado 80615 unit mod
b,the weld Clob 10�.r1,p1,the ule, -
c.Y,dapit1rweaiORh a a pith ib rNod OR M Y
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wld calrada..
STATE OF COLORADO, ) , Culw +9ns it Oa'dr:
County Of Weld ) SS. tprlB•i.NMar•aaYWr•tr•rYtr.a-
tdrlrh the y 8p•dtlWYw re n9a•at-
dY sated and intphatkoe -
_Should the eppYrttt er any litarerted par-
ty day,de:nessom ef t watt Alla"to
sibebssimist d.rnawdlyt.YrrUs
Y the taped retied whin Idll thin
the hada&d r Clerk i le:S V Dont•Da
/, an hecaaYeytihea Bath npRMn la
I„ f.e IL k4 r ./` t 'the area B•emit nparter a•ItWaed,the
J1 do solemnly swear that I am Lath to Seeeied's Oaks shall headvised
//tCt 1 7 , of THE NORTH WELD HERALD; that the An wrlBah of earb+ lar y loot Ito days
L ;j -peketo-the hearths. The can id cos ett
same is a weekly newspaper printed, in whole or in part, and .nml•epoter she Orebro*bribe request-
WI published in the County of Weld, State of Colorado, and has NE re Also KNOWN that ate text and
*said Casty Plan-
a general -circulation therein; and that said newspaper has ___toad isi y lokroolood to
been published continuously and uninterruptedly in said aloof the Clerk to the Dined of County
Coohe Weld
County of Weld for a period of more than fifty-two con- cestoist ew,-9111-jecated alli mine,1d
secutive weeks next prior to the first publication of the Hoer,aO°ley' "!de-pocterNo.ah+e
annexed legal-notice or advertisement; that said newspaper APPLICANT
ltesho
has been admitted to the United States mails as second- De27WalddBaaload84
loon wadd 806 Beep e6
class matter under the provision of the Act of March 3, 1879 Adr.Caob381986
OATB=240 J.M.
or any amendments thereof, and that said newspaper is a TIME:JdO P.M.
weekly newspaper duly qualified for publishing legal REQUEST arbysr,r+•lB••1•w'a•�
-feedlotarVNn.. •pera4w tool)held d
noticesand advertisements within the meaning of the laws _oath
LEGAL oBSG7lRnoN=Prt of th.sw%of
of the State of Colorado. Satko6,Towasklp 1North,Row 65 West
oft&618 raw.,well Cooly.Colorado
BOARD OF COUNTY
That the annexed legal notice or advertisement was COMMISSIONERS
published in the regular and entire issue of everynu ber of fs MARY sr4r4 EUENSTDO
said weekly-newspaper for theperiod of sYrMABY(ANFBOBe
1 L �1 CDUNTxCLLERK10 RECORDER
AND CLERK man
consecutive insertions; and that the first publication ofsaid sx=M.ry
notice was in the i sue of said newspaper dated D -14'1
July 17, 1986 Y the Nerds ad
tml-JJ n A.D., 1-9 fkZr, •
and that the last publication of geld notice was in the issue
of said publication dated .1L- l`f A.D., 19 ,
In witness whereof I h hereunVo _g__(-;,set my hand this
N--k—, day of c--C A.D., 19 1(r
a k b.CL. ` c,�
C'`C I )<<-, 0 t.,__.
Subscribed and sworn to before me, a notary public in
and for the County of Weld, State-of Colorado, this
%lt/i day of --Tut iiA.D., 1966.
te_46aJ C 7P Yav
Notary Public
223 FIRS -E/TOA;ec.
My Commission Expires Oct. 21, 1987, r'7
DATE: July 14 , 1986
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 30th day of July, 1986 , at 2: 00 P.M.
Docket No. 86-48 - Dennis E. and Billie L. Stuehm, USR-Custom
feedlot containment operation (4 , 000 head of cattle)
OFFICE OF THE CLE TO THE BOARD
BY• `Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S Cry
AA
/ d-,72:14
exisiih/7 D
Summary of the Weld County Planning Commission Meeting
July 1, 1986
Page 2
CASE NUMBER: USR-744:86:27
APPLICANT: Dennis E. and Billie L. Stuehm (continued from June 17,
1986)
REQUEST: A Use by Special Review permit for a custom feedlot operation
(4,000 head of cattle)
LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately one mile northeast of Ault; -north of Weld County
Road 84 and east of Weld County Road 37
APPEARANCE:
Pat McNear, Scott Realty, represented the applicants. The property owners
have been engaged in a feeding operation -since 1963. They are now
requesting a Use by Special Review permit because the feedlot operation will
be on a recorded exemption. The owners will retain the feedlot and
homestead and sell the remainder of the land. Containment of the runoff
from the feedlot will be handled through a forty foot right-of-way access to
the sump and right-of-way will be recorded into the deed. Since the
Steuhm's currently own both parcels, there will be no -problem with the
right-of-way agreement.
Tape 244 - Side 1
The Chairman asked Mr. McNear if he and the applicants had reviewed the
recommendations, conditions, -and Development Standards as outlined by the
Department of Planning Services staff. He stated they have and do not have
any objections to them.
The Chairman called for discussion from the members of the audience. There
was none.
The Chairman asked that reading of the recommendations, conditions, and
Development Standards not be read into the record, and that they be filed
-with the summary as a permanent record of these proceedings.
MOTION:
Louis Rademacher moved Case Number USR-744:86:27 for Dennis E. and Billie L.
Stuehm for a Use by Special Review permit for a custom feedlot 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 Harlan Else.
k rniB,T
Summary of the Weld County Planning Commission Meeting
July 1, 1986
Page 3
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. Harlan Else - yes; Doug Graff - yes; Louis
Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried
unanimously.
CASE NUMBER: Z-428:86:3
APPLICANT: Kenneth F. Lind (Pferd Hilmmel)
REQUEST: Change of Zone from A (Agricultural) to PUD (Planned -Unit
Development)
LEGAL DESCRIPTION: Part of the $} SEi of Section '3, T6N, R67W of the 6ch
P.M. , Weld County, Colorado
LOCATION: Approximately 500 feet north of the Windsor City Limits; north of
Weld County Road 70 and west of Weld County Road 19
APPEARANCE:
Ken Lind, Attorney, represented the applicant, which is a trust. This
request is for a Planned Unit Development. About two years ago, the
corporation applied for and received a recorded exemption -dividing the
original parcel. The parcel they wish to _develop contains approximately
twenty-two acres. The owners want to divide the property into five lots.
These will be residential horse lots with bridle paths and common open
space. This property is approximately one-fourth mile from the town of
Windsor. The town of Windsor has an ordinance that does not allow any
properties within the city limits to have horses, etc. This is not an area
that can be farmed. Property boundaries and surrounding land-uses -were
reviewed. The covenants will state the ditch right-of-way cannot be used
for bridle paths. _Studies by a registered engineer have shown the land is
not -in a flood plain.
Lee Morrison stated that the recorded exemption may also need to be amended
and should appear as condition on the Planned Unit Development plat.
MOTION:
4aulette Weaver moved a new Condition 4 be added to read as follows:
4. Recorded Exemption plat #755 shall be amended to show changes
in property lines along the access easement and cul-de-sac
between Lots A and B.
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 s Re lye,},„tzy pchg,,kigic,,
County Planning Commission that the application for: m
CASE NUMBER: USR-744:86:27
0 rl 1i�
JUL 81986
NAME: Dennis E. and Billie L. Stuehm
/
ADDRESS: 18027 Weld County Road 84, Ault, CO 80610 UREEL.EY, C1ULf7.
REQUEST: Use by Special Review for a custom feedlot containment operation,
(4,000 head of cattle)
LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION Approximately one mile northeast of Ault; north of Weld County
Road 84 and east of Weld County Road 37
be recommended favorable 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 proposal is consistent with the intent of the Weld
County Comprehensive Plan. The Comprehensive Plan
encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local economy or
environment;
- The proposed use is -an agricultural activity and site,
therefore, consistent with the intent of the
agricultural district;
- The uses permitted will be compatible with the existing
surrounding land uses and with future -development of the
surrounding areas as permitted by the agricultural zone
district;
The Town of Ault's Planning Commission reviewed this
request, and has mo objections;
Exit ieir
Dennis and Billie Stuehm
July 1, 1986
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 3s 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. Additional building or electrical permit-s shall not 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 the Board of County Commissioners hearing, the
applicant/operator shall submit to the Department of Planning
Services and the Colorado State Health Department, a report
certified by a Professional Engineer, indicating that the design
of the feedlot runoff containment facility is in compliance with
the Colorado State Health Department regulations.
4. Prior to recording the plat the applicant/operator shall submit a
revised mylar plat which reflects the -forty (40) foot
right-of-way, along Weld County Road 84 to the existing sump, and
all uses and buildings existing and proposed on the site.
5. The forty (40) foot right-of-way agreement pertaining to the sump
shall be incorporated into the deed and recorded in the office of
the Weld County Clerk and Recorder. Evidence of recording shall
be submitted to the Department of Planning Services prior to
recording the Use by Special Review Plat.
f
Dennis and Billie Stuehm
July 1, 1986
Page 3
Motion seconded by Harlan Else.
Vote:
For Passage Against Passage
Harlan Else
Doug Graff
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, 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 July 1, 1986, and recorded in Book No. X
of the proceedings of the said Planning Commission.
Dated the first day of July, 1986.
'ZJOL. QUOG�
Bobbie Good
Secretary
DEVELOPMENT STANDARDS
Dennis E. and Billie L. Stuehm
USR-744:86:26
1 . The Use by Special Review permit is for a livestock containment
operation for cattle 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 cattle permitted shall
be four thousand (4,000) head.
2. 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 Colorado
Department of Health, Water Quality Control Division.
3. The boundary between the feedlot and the farmland shall be built up at
least one (1) foot or an adequate channel built, so that irrigation and
storm runoff from the cropland cannot run into the feedlot area, as
recommended by the West Greeley Soil Conservation Service.
4. All Construction done on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
5. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
6. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.b of the Weld County Zoning
Ordinance.
7. 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.
8. 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.
9. 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.
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number u,3, 74' �R ,'�7 Submitted or Prepared
Prior
to Hearing At Hearing
1. Application (!J Pages [.---------'
2. Application plat(s) / page(s) '✓
I. DPS Referral Summary Sheet L.,/7--
4. PPS Recommendation
5. DPS Surrounding Propery Owner Mailing List i/' '-
6. DPS Mineral Owners Mailing List 1.---""7-
7. 3 DPS Maps Prepared by Planning Technician ,
8. DPS Notice of Hearing w
9. DPS Case Summary Sheet
10.. PPS Field Check v/
1l. / 71-/W-Ij elate-CI6/3/16 fl i e- �
13„}adf f rt& Lo Aft o th bowl/ay
14' -'424‹.., I Cttel 9a3V i 7 rvy; F 1.4.C; ' Cam"
15. * 1p ! Fl ,
c -c. ` `-+.. 4-t&f (.,WA. ,e1,-/e..42,O C/'- ....
16.
17.
18.
19.
20.
I hereby certify that the l ej items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further cert t t se items were orwarded to the Clerk to the
Board's office on 7,/ /, 19
Current Planner
STATE OF COLORADO )
)
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS %- DAY OF 1 19%ip ,
SEAL \\
• NO ARY PUBLIC 1
&M/D/1 AC:.__.. i��Tcs Feb.13,1931 -„
MY COMMISSION EXPIRES
A,7� / EXHIBIT INVENTORY CONTROL SHEET
Case as, /l ijy ,
Exhibit Submitted By Exhibit Description
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B. aP/IZUlt{� ��.e.e �e� �[.c 4,./vl�rimoiJr a i�c
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t:X, im
FEEDLOT RUNOFF
RETENTION FACILITIES
FOR
DENNIS STUEHM
JULY 1986
In conformance with the Colorado Department of Health,
Water Quality Control Commission "Guidelines for the
Design of Feedlot Runoff Containment Facilities, " May
1978, an engineering report is currently being finalized.
At a minimum, the report will include the following:
(a) The location and direction of all residences,
commercial developments and domestic water
supplies or sources within 1/2 mile of the
proposed facility.
(b) Results of soil studies to determine surface
and subsurface soil characteristics of the area
proposed for location of the facility.
(c) Direction of prevailing winds.
(d) Acreage of pens and appurtenant areas.
(e) Dimensions (feet) and capacities (acre-feet)
of containment structures.
(f) Design storm in inches per 24-hour period.
(g) Acreage available for disposal of liquid and
solid waste and location of the acreage.
(h) A map of the drainage area and containment
facilities drawn to a legible scale.
(i) Projected seasonal high groundwater throughout
the area of the retention facilities. This
will generally occur in the spring of the
year.
RETENTION FACILITY DESIGN
Design Criteria:
1. 25-year, 24-hour precipitation event - 3 .2 inches
2. Using SCS Curve Number 91 as per State guidelines,
3 . 2 inches rainfall - 2. 26 inches runoff
Calculate Area:
1. Total feedlot area, including building and
farmstead area - 19.59 acres
2. Buildings and farmstead area = 3.11 acres
3 . Therefore, cattle pen area = 16 .48 acres
Calculate Volume of Runoff:
1. 2. 26 inches runoff over 16.48 acres 3 .10
acre-feet or 135,199 cubic feet
2. Allow additional 20 percent for sediment volume,
or 1. 2 x 3 .10 - 3 .72 acre-feet or 162,238 cubic
feet
Summary:
Several options are available which meet State of
Colorado Guidelines and at the same time allow for
operation flexibility and incorporation into the existing
irrigation system.
These options will be designed in a preliminary fashion,
and construction costs will be determined for each.
gr^ , , .., ..
Date: July 1, 1986
CASE NUMBER: USR-744:86:27
NAME: Dennis E. and Billie L. Stuehm
ADDRESS: 18027 Weld County Road 84, Ault, CO 80610
REQUEST: Use by Special Review for a custom feedlot containment operation,
(4,000 head of cattle)
LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION Approximately one mile northeast of Ault; north of Weld County
Road
84 and east of Weld County Road 37
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 proposal is consistent with the intent of the Weld
County Comprehensive Plan. The Comprehensive Plan
encourages the development of agribusiness and
agriculturally oriented industry provided these
enterprises do not adversely affect the local economy or
environment;
- The proposed use is an agricultural activity and site,
therefore, consistent with the -intent of the
agricultural district;
- The uses permitted will be compatible with the existing
surrounding land uses and with future development of the
surrounding areas as permitted by the agricultural zone
district;
- The Town of Ault's Planning Commission reviewed this
request, and has no objections;
- 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.
Dennis and Billie Stuehm
July 1, 1986
Page 2
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. Additional building or electrical permits shall not 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 the Board of County Commissioners hearing, the
applicant/operator shall submit to the Department of Planning
Services and the Colorado State Health Department, a report
certified by a Professional Engineer, indicating that the design
of the feedlot runoff containment facility is in compliance with
the Colorado State Health Department regulations.
4. Prior to recording the plat the applicant/operator shall submit a
revised mylar plat which reflects the forty (40) foot
right-of-way, along Weld County Road 84 to the existing sump, and
all uses and buildings existing and proposed on the site.
5. The forty (40) foot right-of-way agreement pertaining to the sump
shall be incorporated into the deed and recorded in the office of
the Weld County Clerk and Recorder. Evidence of recording shall
be submitted to the Department of Planning Services prior to
recording the Use by Special Review Plat.
, '1% ThriTh
DEVELOPMENT STANDARDS
Dennis E. and Billie L. Stuehm
USR-744:86:26
1. The Use by Special Review permit is for a livestock containment
operation for cattle 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 cattle permitted shall
be four thousand (4,000) head.
2. 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 Colorado
Department of Health, Water Quality Control Division.
3. The boundary between the feedlot and the farmland shall be built up at
least one (1) foot or an adequate channel built, so that irrigation and
storm runoff from the cropland cannot run into the feedlot area, as
recommended by the West Greeley Soil Conservation Service.
4. All Construction done on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
5. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
6. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
7. 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.
8. 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.
9. 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.
LAND-USE APPLICATION
SUMMARY SHEET
Date: June 24, 1986
CASE NUMBER: USR-744.:86:27
NAME: Dennis E. and Billie L. Stuehm
ADDRESS: 18027 Weld County Road 84
REQUEST: Use by Special Review Permit for a custom feedlot operation (4,000
head of cattle) .
LEGAL DESCRIPTION: Part SWi of Section 6, T7N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1 mile northeast of Ault, north of Weld County Road
84, and east of Weld County Road 37.
SIZE OF PARCEL: 19 acres
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.
This request was continued to the July 1, 1986 Planning Commission meeting
to allow the applicant time to submit additional information to respond to
and resolve the concerns of referral agencies.
The Department of Planning Services has received responses from the State
Engineer, Division of Water Resources, and the West Greeley Soil
Conservation. Copies have been included in this Land-Use Summary.
RICHARD D_ LA MM i... T,F'r �
Governor iO) JERIS A. DANIELSON
* State Engineer
/876
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
June 17, 1986
Ms. Debbie DeBesche
Weld County Department of
Planning Services
915 10th Street
Greeley, CO 80631
RE; Stuehm USR-744:86:27
SWt, Sec. 6, T7N, R65W
Dear Ms. DeBesche:
We have reviewed the above referenced proposal to divide 19 acres from a
640 acre parcel. The 19 acre tract will be used as a residence and a feeding
operation for 4000 head of cattle. A letter of commitment for water service
by North Weld County Water District was enclosed. As long as no tributary
wells are being used to supply the commercial operation, and no new wells are
being sought we have no objection to this proposal.
Sincerely,
/LP has-
Hal D. Simpson
Deputy State Engineer
HDS/JCM:cic
cc: Alan Berryman, Division Engineer
Steve Lautenschlager
i 'lr c 115'-' �1
P(s!d ^n. PIsm,^,em
r
_''• ITED STATES Soil
:;ZPA{t' tTi'A=NT OF Conservation 4302 W. 3tl-, t .
�1'i TUi�F .
•i�l 1.� _ _ Sla►•t/ il? Greeley , CC.CC. :LFr J"1�n^
_ _ it".a;Itj�,�1:::-- .,7 �l
I! '!;.! L. ... 1Qzoc- ---.)
/
_ =r Coll '_ _e r „a t i o n n, a t r ` 'lEl� Lt rt3$Ii+ii✓ t;,;,zirr ,
' eld -c'1;9ty Case .:umber : .;- z ', . 0_ . ,'
Mr . Ss.. '•c3r trier .
tt ie..1r•-1 '
i reviewed L "? Weld County referral 7Yo'::i ;:a„ei5 7 . - =r't - l - i ;,
_ . :.IE'�1T�1 _ u L .
St _ custom feedlot operation r _ - i
•j . .1t '_ReYJti _ � part v.? iI'3 , S-'1=till^ 77N ,
5S7',i � y '. 7-his location ion is appro',r3tel ir.i le northeast r_.
�� .. i kult , n'-'Y * '-{ 1-f
Weld _:cunt `{L 3'? 94 . and east of e .d County ,1='c '{1 _ J
1
he . po l icat i on ` 5 to eer.1erate l q acvec. of .' es ide_nce and f:.rl l .- fro,-,! • nr:l
1_r ec o fcropland� whichj p?' lng 7!.t'' -h-
c - 'e to 7 e?se the 145farmland i es of and continue .t
o operate the
e el_ 1 _.t at the re . ence area , However , fro?•. the field revie . , t
evident ems need-Isa7 sP\/er.� i Items Pte• to b= corrected to allow each caY+__ l to be
'7Perata ac, SePerat5 artit ; ac .
The roadway along the northeast aide of the feedlot ho d he
built_ Up a : ' east 1 foot or 1n adeeauate channel nu l•. . t -.
'vPacia _t _o 3 . it r i ' ?t•icri enc storm runoff car ' t un " _ t '.i
feedlot area from thee ao jac3nt cropland e ' .
. �7
2 A run=runof containment facility :,,- i l need to be cc .lr . :.j 7o
tns southesst _or-ner Y.+ the feedSot area ad ; acent the :c:_:l* `'
roadway t = ?rodent storm ! ater runoff from the 7edlot tr =.
enterina Count1'' road borrow area and into a
the adjacent t, o''^,:PF+1•'11" ,
Fr .5? 't runoff f; on the feedlot enters the county ' .:.G 'tir •?'y
it :h . flows eastward into an .' 1' 3atior t.eil ,_1- -i'13ter rtrpr i••p ' i
here it is pumped .o the head of the i eld for tr - igtln u7 ,
Without r- i s 1 r r i c at 1 o?n 1.a1:4t er reef c i inn system he i •.a = part o .
the pr r '_ !J f one can ' t count on the .>np n . ii ho y
to
accept the feedlot runoff ,
t f e _ _nt3 : nment facility is installed ' n the feedlot area ,
then there will have to be some arranaei'ier, made .whereby
collected .'i3ter 131 cal be pumped or Sc'r • way '_i=°-'t'1 r !' lscraroec_
on adjecert lands under 3 mutual agreement or easement a .- ho aF, e
to e'mot1' the Pit between storm periods .
1/'"'''', .-..
•
—h ntor concern n with th , s requPst i .. z n9� - r cr 7rcl i7
s e _ • .B . ..d to :o 7b1 - t _ f{. n c t . o n l `1 o N r e I d 1!t . 1 -..D1. : .
3C . _ n n ano in _ a event t�.lt Mr . Stu.?n,;t doesn ' t .Jr won ' t - - - _ .
the oper3tc•r .th fnr„t13nd portion _
- recommend ire Ci ..trirt .address thi - ra nY en ; ionf
3r:rvu ^,-'r rant_ . . . _
ice.. .
or.1 d 0. Mi ? l.?r
District C.u^=erv•Stirnist
ire i _ r - ; a . :1 LOT ; r._
•
•
% •,."r7
Date: _Tune 17, 1986
CASE NUMBER: -USR-744:86:27
NAME: Dennis E. and Bi17ie L. Stuchm
ADDRESS: 18027 Weld County Road 84, Ault, Colorado 80610
REQUEST: A Use by Special Review permit for a custom feedlot (4,000 head of
cattle) .
LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. ,
Weld County, Colorado
LOCATION: _Approximately 1 mile northeast of Ault, north of Weld County Road
84, and east of Weld County Road 37.
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
CONTINUED FOR THE FOLLOWING REASONS:
To allow the applicant time to submit additional information to respond
to and resolve the concerns of the following referral agencies:
- Weld County -Health Department
- West Greeley Soil Conservation District
The applicant and staff request that this application be continued to
the July 1, 1986, Planning Commission Meeting.
LAND-USE APPLICATION
SUMMARY SHEET
Date: June 10, 1986
CASE NUMBER: USR-744,:86:27
NAME: Dennis E. and Billie L. Stuehm
ADDRESS: 18027 Weld County Road 84
REQUEST: Use by Special Review Permit for a custom feedlot operation (4,000
head of cattle) .
LEGAL DESCRIPTION: Part SW-} of Section 6, T7N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1 mile northeast of Ault, north of Weld County Road
84, and east of Weld County Road 37.
SIZE OF PARCEL: 19 acres
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.
The applicant wishes to sell 145 acres of their farm, and retain 19 acres on
which the feedlot operation is existing.
The applicant is required to obtain a approval of a Use by Special Review
Permit to continue the feedlot operation on 19 acres of land. Nineteen
acres allows for 19 animal units or 76 head of cattle. The applicant is
requesting 4,0130 head of cattle.
A Recorded Exemption application has not been submitted at this time.
The Department of Planning Services Staff has received a specific
recommendation from the Weld County Health Department. • A copy has teen
included in this land use summary.
The Department of Planning Services has not received referrals from the
following
- State Engineer Division of Water Resources
- Ault Fire District
- West Greeley Soil Conservation
- Spring Creek c/o Water Supply and Storage
The staff has not received any objections to this proposal.
FIELD CHECK
FILING NUMBER: USR-744:86:27 DATE OF INSPECTION: June 5, 1986
NAME: Dennis E. Stuehm
REQUEST: A Use by Special Review permit for a custom feedlot
LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately one mile northeast of Ault; north of Weld County
Road 84 and east of Weld County Road 37
LAND USE: N Cultivated farmland
E Cultivated farmland
S Weld County Road 84, cultivated f-armland
W Weld County Road 37, cultivated farmland, residence
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access to the property is from Weld County Road 84 which is a gravel
surfaced road. There are 2 residences within one-fourth mile of the site.
There are cattle in about half of the corrals.
BY: £44 .
Debbie deBesche
Current Planner
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REFERRAL LIST
APPLICANT: Billie L. and Dennis E. Stuehm CASE NUMBER: USR-744:86:27
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 9, 1986
NO SR NR NO SR NR
County Attorney
X Weld County Health Dept.
VX Engineering Department
X County Extension Agent
Office of Emergency Mngmt
X State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
X Town of Ault
Betty Lohen
201 1st Street
Ault, CO 80610
X Lydia Dunbar
Planning Commission Member
Box 8, Road 89
Grover, CO 80729
X Ault Fire District
Larry C. Clary
Box 36
Ault, CO 80610
X West Greeley Soil Conservation
4302 9th Street Road
Greeley, CO 80634
X Spring Creek
c/o Water Supply and Storage
2319 East Mulberry
P.O. Box 1584
Fort Collins, CO 80521
NO=No Objection
SR=Specific Recommendations
NR=No Response
'%
" (r . E� , h
RA
To Planning Date June 3, 1986
COLORADO From Wes Potter, Health Protection Services —t1
Subject: Case Number: USR 744:86:27
Applicant shall demonstrate that the facility is in compliance with
the Guidlines for design of feedlot runoff containment facilities
as per 25-8-205 (1)(b)&(c).
By Direction of:
Ralph R. Wooley, M.D.
Director
WP/cs
L r‘I, r.i :,i i72
1986
__Ads
Weld Co. Plannine rnnmissiai
„,.., ._/ . _%/. /L./i _,, ._,__
rj
DEPAR 1ENT OF PLANNING SERVICES
PHONE(303)356-4003 EXT.4400
_ 915 10th STREET
t AtIal
-
GREELEY, COLORADO 90631
,.. ..L-,-: 1 .
,, , 7
® O
•
COLORADO
CASE NUMBER USR-744:86:27
May 21, 1986
TO WHOM IT MAY CONCERN:
Enclosed is an application from Dennis E. Stuehm and Billie L. Stuehm for a
Custom Feedlot Operation. The parcel of land is described as Part SW} ,
Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is
approximately 1 mile northeast of Ault, north of Weld County Road 84, and
east of Weld County road 37.
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.
If a response from your office is not received within fourteen (14) days of
mailing from our office, it may be interpreted to mean approval by your
office. If you are unable to respond within the fourteen (14) days (but
wish to do so at a later date) please notify our office to that effect.
Check the appropriate boxes below and return to our address listed above.
Please reply by June 9, 1986, so that we may give full consideration to your
recommendation. Thank you very much for your help and cooperation in this
matter.
1. / We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration and will be
ubmitted prior to
3. Please refer to the enclosed 1 tter.
•
Signed. ency / i4Ire J)ate: S —Z9'—SG
•
De bieDe bie deBesche fl
C71Current Planner •
"���. i y`,y J
I\ I !' 1986
weld Co. Plapninq Commission
y` • U
DEPAR' ENT OF PLANNING SERVICES
srir %1 �- PHONE(303)356.4000 EXT.4400
915 10th STREET
P t air). GREELEY,COLORADO 80631
3 C
�1
•
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on June
17, - 1986, at 1:30 p.m. to review a request for approval of a Use by Special
Review permit for a custom feedlot operation from Billie L. and Deniis E.
Striehm on a parcel of land described as Part SW} , Section 6, T7N, R65W of
the_6th P.M. , :Weld County, Colorado, containing 19 -acres, more or less. The
property is located approximately 1 mile- northeast of Ault, north of Weld
County-Road -84,. and east of Weld County 37. -.
The .public 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 June 17, 1986= . .
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, Chairmatr
Weld County Planning Commission
To be published -in the Johnstown Breeze
To be published one (1)._tiwe-by May 29, _1986_
Received by:Q(7
Date: v 7,7/n
� l
MAILING LIST
Dennis E. and Billie L. Stuehm
USR-744:86:27
Wolf Farms
Route 1 Box 189
Ault, Colorado 80610
Stark
165 Adriel Drive
Fort Collins, Colorado 80524
Widmaier
P.O. Box 475
Ault, Colorado 80610
C
MINERAL OWNERS
Dennis E. and Billie L. Stuehm
USR-744:86:27
Anders W. and Frances J. Anderson
313 Governors Blvd
Billings, Montana 59005
USE BY SP-ECIAL REVIEW APPLICATION
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
Case Number Date Received
Application Checked by Mylar plat submitted
Application Fee Receipt Number
Recording Fee _ Receipt Number
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: SW COrner Section 6
T 7 N, R 65 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review
Permit is proposed: CW y, Section 6 T 7 N, R 65 W
Property Address (if available) 18027 t- R 84. Ault CO
PRESENT ZONE Agriniltin _ OVERLAY ZONES hilt
TOTAL ACREAGE _ 19 arras
PROPOSED LAND USE fiistnn Faailnt n0aratinn
EXISTING LAND USE Custom Faailnt niPration
SURFACE FEE (PROPERTY OWNERS) 01 AREA PROPOSED FOR THE USE BY SPECIAL REVIEW
PERMIT:
Name: -Dennis E. Stuehm & Billie L. Stuetm
Address: 18027 WCR 84 City Ault Zip80610
Home Telephone # 834-2388 Business Telephone 1I Sane
Name:
Address: City Zip
Home Telephone II Business Telephone 11
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name:
Address : City Zip
Home Telephone II Business Telephone II
List the owner(s) and/or lessees of mineral rights on or under the subject
properties of record.
Name: Dennis E. Stnehm & Rillia I Stinhn
Address: 18027 WCR 84 City 4ilt Zip P11(iin
Name: Alders W. Anderson & Frances 3 Axlercnn
Address: 313 Governors Blvd City Billings MontAna Zip Sponc
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 ) 1 - rp-{
� yL4.L' f
( Signature: Owner or Authorized Agent
Subscribed and sworn to before me this leo— day of p,,, 197, .
r
NOTARY PUBLIC
r, a
My commission expires
May 5, 1986
Weld County Department of Planning Services
915 —10th Street
Greeley, CO 80631
Gentlemen:
We currently own the Southwest Quarter of Section 6, Township 7 North, Range
65 West. Also we reside and operate a 4000 head commercial cattle feeding
operation, as well as produce crops on the irrigated farmland there. -We have
contracted to sell the farmland portion of this parcel, approximately 145
acres which we will lease back and continue crop production.
At this time we wish to sever this parcel to create the 145 acre farmland
parcel and 19 acres more or less which we will operate as our residence and a
feeding operation, no differently from the manner in which we operated in the
past. As stated, we will be leasing the farmland, so there should be no
change in our overall farming operation.
The surrounding properties are all used for agricultural crop production. The
nearest residential structure is at least 1200 feet to the 'west. All other
directions are a half mile or more. This proposal is consistent with:
1) the comprehensive plan of the County
2) the intent of the District in which it is located
3) the existing surrounding land uses
and it allows us to be more diversified in our operation and still allow a
local market for crops raised in the area. The subject property is not
located in a flood plain, and to the best of our knowledge, only the Ault
Overlay district.
Sincerely,
Dennis E. Stuehm
.S. ����
Billie L. Stuehm
.�'� �.(r
.p:"'" —(7:..... ';
BOARD OF ERN EST DIRECTORS ;y„ NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE /IM M`
GARY SIMPSON 2 i i � HIGHWAY 85 LUCERNE,COLORADO 80648
W.M.McKAY 1',y�r!�1 LYLE NELSON,MGR.
-may P.O.BOX 56 - PHONE 356.3020
•
May 5 , 1986
2E: Water Service - Dennis
S,.tuhem
,Dear Sirs,
This letter -is in response to your inquiry regarding water service
to the following described property :
•
SW+ Sec 6-7-65
X
1• Water service is presently being provided to the above
described property.
X
2. Water service c-an be made available to the above
described property provided all requirements of the
District are satisfied .
If contracts have not been consumated with North Weld County Water
District within on-e year from date of this letter , this letter shall
become null and void.
Additional comments:
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
l= �ti-' ,
7L le D. Nelson , Manager
LDN/wb
for:
.
•
-
a.e.ra.d .. ^ =.-.'d.a_.1-.ter. ------._AUG 722
1—.1..'. feign
grow An Mt(BT Tarn Prawns, ms a
,';l
ANDERS N ANDERSON & PRANCES J. ANDERSON - 14 4
of tie County d WELD .W Stab d Cdrde, •''\�i='
ter the ee .ideratie♦ d l a '
Ten Dollars and other valuable consid Lion 7.
- , b had?aid herby sell and eaaw/b 1:�h4 i ��,�1
`' I DENNIS E. S l'l3E141 .t _ —
d the Cowand
J LOGAN ,d Stab at Colorado, the :: . w re.
property,situate S the Cooney of WELD sad Sub of Colara!o. to-wt.
„; Lots 6 and 7 and the ES SW of Section 6, Township 7 North, Range
.- N 65 West of the 6th P. M., also known as the Swh of Section 6,
in Township 7 North, Range 65 West of the 6th P. M. , EXCEPT right
of way as granted by Permit, recorded in Book 1485 at page 27 of
the Weld County, Colorado, records,
. 1 1
TOGETHER with 21 shares of Water Supply and Storage Company,
...
�' ( together with all other water and water rights appertaining
thereto or used in connection with said land and all pumping plants,
motors, pump houses, or equipment used in producing water
from underground strata on this property,
EXC₹PTING and reserving unto the Grantors, an undivided one-half
interest in all oil, gas and other minerals which the Grantors now
own, in and under said land, together with the right of ingress
1 and egress therein and thereto. �==1
t.r v1. a`O �I 144'
Y
: ;li ' l
with d m apwrsen.xw and warrant the title b the seas,.abject-te Deed of Trust in favor l
of The Prudential Insurance Company, dated January 12, 1956,
recorded January 13, 1956, in Book 1439 at page 536,
s I
&n.d and d.a,..d tali 26th bel July% ,L D.1s 62 a
b .- pe .---- d _ C���'1t (C/f: :s .ti'asfc)t_(ink) tom'
1I1 ��`ders W. And rsah fir,
[ _YddflCLa: oeCc.w.- ._(SW)
Prances . Anderson
_ORAL.)
o
..- 0
rrATS 01 CO[A-----
1 N
Cone. J WeldIa N
The fortieth;bvoxct ft scv..'.^izd before-we this 26th JAY of July
1►62 . M Anders W. Anderson 6 Prances J. Anderson.
Miami q bad ad ducal seal
- �`..a.hsdw s. Jan. 14, 1955. CD
-��y, c.',. - /
/ _ / 1
, :. wk.." lJua 1.
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NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
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NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Wolf Farms Rt 1 Box 189 Au Lt, CU 80610 070201nnnn14
Stark 80524
165 Adriel Or. Ft. Collins cu 0707.12000017
Widmaier _ Box 475 Ault, CO 80610 070907000015
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AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Stiteijnwl I Roali u) C'. l 74 1 ' 7000
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.
CT-6,1;1e n . JC f_G a
The foregoing instrument was subscribed and sworn to before me this
of
day ----/LL f , 19
WITNESS my hand and official seal. v(^
My Commission expires:
Notary Public
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property S -i--cLothfr n I �� � � ) Q �� nfl e, ,,, Be1Jn
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners -and 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 /
day of 7 Z, �/
, I9c
WITNESS my hand and official seal.
My Commission expires: s
/i47d7
Notary Public
ADDITIONAL INFORMATION STUEHM USR
1) The current number of patrons employing Stuehm feedlot are four, and have
been for several years.
2) The number of employees is none; this is a family-run operation.
3) The access route used for shipping and receiving cattle is WC1; 37 from
Hwy. 14 and enter property from the south off WCR 84.
4) Vehicular traffic associated with the operation are cattle trailers with
diesel tractors, 75,000 lbs. gross weight, 48,000 lbs. net weight. The
frequency is 50 loads in during the months of October and November and 100
loads out March through May.
5) The drainage facility is a 75,000 cubic foot sump pit with pumping unit to
lift effluent onto farmland.
6) The manure is stockpiled in pens and seasonally hauled onto farmland.
7) Located in the Ault fire district.
8) The original feedlot has existed on this site since the 1920's, which was
owned and operated by Sam Spencer. This operation has been in existance and
has been operated since 1962 with no changes to effect the health, safety, and
welfare of the inhabitants of the county, and we will continue in that manner.
,,.
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