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(~ ex a PET /Lour ! )c \VSO n a'�' 1 \ Y • MORAB 9 BMORT• INC. .n Z;;•''a • / • • ' __ �—\ \ ® Eat BM AVARUA GREELEY,COLORADO x0O1 aqV trgiR•, nab 3101 r,, ,� �` "� ` \ r �1 - EA Err,a Lone USE BY SPECIAL REVIEW No —__ ;a /T �1 m•. ) , _ \t _— \\ P • nre0 Cenr.ee,e4r ..ULPICM FAFN9 INC a `T P r zoo, .curry Z,„Nor.At...a.rre.S.e CL -!-- ‘ 1111 111 _ Lxede on r"<Err,v4 W east reau Queerer Color-oar H F MS,IN RLJw .i seg.., nry _SM1e...Anea`.00.-ne. rva o n SCALD </e . woe o..rre• SITE PLAN Seer, r••rm• r .. _ Sc 22 Y)N f•""., / R c1M PROJECT q ee r r_ Owe* Ra,• 1 V N N RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT TO EXPAND A LIVESTOCK CONFINEMENT OPERATION FROM 3,500 TO 8,000 CATTLE IN THE AGRICULTURAL ZONE DISTRICT - ULRICH FARMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of April, 1990, at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ulrich Farms, Inc. , c/o Ken Ulrich, 14605 Weld County Road 21 , Platteville, Colorado 80651, for a Site Specific Development Plan and Amended Special Review Permit to expand a livestock confinement operation from 3 ,500 to 8,000 cattle in the Agricultural Zone District on the following described real estate, to-wit: Part of the NEi , Section 22, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Ken Lind, Attorney, and WHEREAS, Section 24 .4.2 of the Weld Ccunty Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of 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: - ee' r 900292 Page 2 RE: AMENDED USR - ULRICH FARMS, INC. a. This proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies. The Comprehensive Plan encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local municipality or land-use decision making body. The Town of Platteville Planning Commission recommended approval of this request at its February 20 meeting. b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include agricultural production and associated residences, oil and gas production, and an electric transmission line. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. No objections have been received from surrounding property owners. d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Amended Special Review Permit to expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 900292 Page 3 RE: AMENDED USR - ULRICH FARMS, INC. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to expansion of the facility: a. The applicant shall provide evidence to the Department of Planning Services that the Weld County Health Department has determined the operation to be in compliance with the Colorado Guidelines for Feedlot Runoff Containment. b. All existing septic systems shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required ISDS Evaluation is performed. c. A Recorded Exemption application shall be submitted to the Department of Planning Services and approved by the Board of County Commissioners to correct the subdivision violation on the property. d. The applicant shall submit a signed copy of an augmentation contract with Central Colorado Water Conservancy District. e. A totalizing flow meter shall be installed on each permitted livestock well. f. The applicant shall submit evidence that an agreement has been reached with Public Service Company regarding use of Public Service Company property for the runoff pond area. g. The applicant shall enter into a road maintenance agreement to be approved by the Board of County Commissioners. 900292 Page 4 RE: AMENDED USR - ULRICH FARMS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1990. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, CO ORADO Weld County Jerk and Recorder and Clerk to the Board e . Brantner, Chairman eorge �nnedy, Pra- D puty County Cl k APPROVED AS TO FORM: onsta a L. ar ert C C.W. Kirby 4' C unty Attorney EXCUSED Gordon E. Lacy 900292 Date: March 6, 1990 CASE NUMBER: Amended USR-127 NAME: Ulrich Farms, Inc., c/o Ken Ulrich ADDRESS: 14605 Weld County Road 21, Platteville, CO 8061 REQUEST: An amended Special Review permit and a Site Specific Development Plan to expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural zone district. LEGAL DESCRIPTION: Part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21. 4 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area goals and policies. The comprehensive plan encourages land-use development proposals with an urban growth boundary as long as they conform to the desires of the local municipality or land-use decision making body. The Town of Platteville Planning Commission recommended approval of this request at its February 20 meeting. - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include agricultural production and associated residences, oil and gas production, and an electric transmission line. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. No objections have been received from surrounding property owners. Amended USR-127 Ulrich Farms, Inc. Page 2 - No overlay districts affect the site. - 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to expansion of the facility: (a) the applicant shall provide evidence to the Department of Planning Services that the Weld County Health Department has determined the operation to be in compliance with the Colorado Guidelines for Feedlot Runoff Containment. (b) all existing septic systems shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required ISDS Evaluation is performed. (c) a Recorded Exemption application shall be submitted to the Department of Planning Services and approved by the Board of County Commissioners to correct the subdivision violation on the property. Amended USR-127 Ulrich Farms, Inc. Page 3 (d) the applicant shall submit a signed copy of an augmentation contract with Central Colorado Water Conservancy District. (e) a totalizing flow meter shall be installed on each permitted livestock well. (f) the applicant shall submit evidence that an agreement has been reached with Public Service Company regarding use of Public Service Company property for the runoff pond area. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ULRICH FARMS, INCORPORATED, C/O KEN ULRICH AMENDED USR-127 1. The Site Specific Development Plan and Special Review permit is for a livestock confinement operation (8,000 head of cattle) in the 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. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The applicant shall be required to repair damage to Weld County Road 21 caused by heavier than normal truck hauling. Repairs may include grading to maintain a reasonably smooth surface and/or the placement of gravel to repair chuckholes and ruts. The applicant shall be required to control fugitive dust caused by heavy hauling. 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 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. The facility shall be operated in compliance with the Colorado Guidelines for Feedlot Runoff Containment. 6. Runoff retention and containment facilities shall be designed by a registered professional engineer, reviewed and approved by the Weld County Health Department, and constructed in compliance with state statutes. 7. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. An air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 9. No permanent disposal of wastes shall be permitted within the special review permit area. 10. Fugitive dust shall be controlled on the site. Amended USR-127 Ulrich Farms, Inc. Page 2 11. A report of annual diversion shall be submitted to the Water Commissioner for Water District #2 during November of each year. 12. The permitted irrigation wells on the property shall not be used for the livestock. 13. The facility shall be operated in compliance with Section 47 of the Weld County Zoning Ordinance. 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 Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. DEVELOPMENT STANDARDS ULRICH FARMS, INCORPORATED, C/O KEN ULRICH AMENDED USR-127 1. The Site Specific Development Plan and Special Review Permit is for a livestock confinement operation (8,000 head of cattle) in the 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 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. 3 . 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 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. The runoff from the manure storage site shall be directed into the runoff pond area. 4. The facility shall be operated in compliance with the Colorado Guidelines for Feedlot Runoff Containment. 5. Runoff retention and containment facilities shall be designed by a registered professional engineer, reviewed and approved by the Weld County Health Department, and constructed in compliance with State statutes. 6 . Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, antifreeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7 . An air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 8 . No permanent disposal of wastes shall be permitted within the Special Review Permit area. 9 . Fugitive dust shall be controlled on the site. 900292 Page 2 DEVELOPMENT STANDARDS - ULRICH FARMS, INC. 10 . A report of annual diversion shall be submitted to the Water Commissioner for Water District #2 during November of each year. 11 . The permitted irrigation wells on the property shall not be used for the livestock. 12 . The facility shall be operated in compliance with Section 47 of the Weld County Zoning Ordinance. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14 . The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. 15 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 16 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 18 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900292 LAND-USE APPLICATION SUMMARY SHEET Date: February 27, 1990 CASE NUMBER: Amended USR-127 NAME: Ulrich Farms, Inc. , c/o Ken Ulrich ADDRESS: 14605 Weld County Road 21, Platteville, CO 80651 REQUEST: An Amended Special Review permit and a Site Specific Development Plan to expand a livestock confinement operation from 3,500 to 8,000 head of cattle in the Agricultural zone district. LEGAL DESCRIPTION: Part of the NE of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21. SIZE OF PARCEL: 37.9 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. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Weld County Engineering Department, Town of Platteville Planning Commission, Weld County Extension Service, and Platte Valley Soil Conservation District. Copies of these referral responses have been included in this summary packet. No objections have been received from surrounding property owners. 900292 6: itt 4i1-".* :.'*.% DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 El 91510th STREET O GREELEY,COLORADO 80631 COLORADO February 5, 1990 Ulrich Farms, Inc. , c/o, Ken Ulrich 14605 Weld County Road 21 , Platteville, CO 80651 Subject: Amended USR-127 - Request for a Site Specific Development Plan and a Special Review permit for expansion of a livestock confinement operation from 3,500 to 8,000 head of cattle in the Agricultural zone district on a parcel of land described as part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Ulrich: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, March 6, 1990, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question �or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Platteville Planning Commission for its review and comments. Please call Robert Thorson at 785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to February 20, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than February 24, 1990. 910292 Ulrich Farms, Inc. , c/o Ken Ulrich February 5, 1990 - Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, C72 ✓Yc.LL( &AA Lanell J. Curry Current Planner LJC:rjg pc McRae & Short, Inc. Attn: Jerry McRae 1231 8th Avenue Greeley, CO 80631 9‘,.0292 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O BOX 326 GREELEY,COLORADO 80632 GEORGE H OTTENHOFF TELEPHONE KENNETH F LIND (303)353.2323 KIM R LAWRENCE (303)356.9160 December 10, 1990 TELECOPIER (303)356.1111 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Attention: Lanell Re: Amended USR-127 (Ulrich) Dear Lanell: Enclosed is a copy of the Central Colorado Augmentation Contract as well as a copy of Decree of the Water Court which was entered on November 26 , 1990 . These two documents constitute proof of an approved plan of water supply for the Amended USR. Please file these documents with your record. I would also advise you that an agreement has been reached with Public Service Company concerning the runoff pond area. At the present time the agreement is verbal and we are in the process of finalizing the agreement in written form. The same should be submitted to you within the next few weeks . If you have any questions, please call me. Very truly your LIND, E E & TTENHOFF Kenn h F. ,ind KFL/cg Enclosure -,- ,, , , Iti,,, L,+_t, 2 . !Ui FIELD CHECK Filing Number: Amended USR-127 Date of Inspection: oaloViev Current Planner: Lanell J. Curry Applicant's Name: Ulrich Farms, Inc. , c/o Ken Ulrich Request: A Site Specific Development Plan and a Special Review permit for expansion of a livestock confinement operation (3,500 head to 8,000 head of cattle) Legal Description: Part of the NE of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado Location: Approximately 2.25 miles west of Platteville; north of State Highway 66, west of Weld County Road 1 Land Use: N FA/,,.n4In . E 1)3 s Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: I, c�,� �/J car\ Che p I� J 1r�- L / vu4 /x.` /Lei Cid //oat) see,er, ,N6HDe-) /4i eLeA,,,,) rtA4L tytez aoa :cp,ivy-vry,2 tiAte, pCqT_q"ffi_ Si nature of Boa M b r FEB 2 0 1990 :�� tju. qip,t_FT2 200292 FIELD CHECK FILING NUMBER: Amended USR-127 DATE OF INSPECTION: February 8, 1990 NAME: Ulrich Farms, Inc. REQUEST: An amended Special Review permit and a Site Specific Development Plan to expand a livestock confinement operation from 3,500 to 8,000 head of cattle LEGAL DESCRIPTION: Part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 21, approximately . 5 miles north of State Highway 66 LAND USE: N Oil and gas production, agricultural production, one residence within . 5 miles E Agricultural production, Weld County Road 21, one residence S Agricultural production, one residence, livestock W Electric transmission line, agricultural production, one residence within .5 miles ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 21, a local gravel road. The large machine shed west and a little south of the farmhouse should be shown on the plat. Two large fuel tanks are north of this building. According to Mr. Ulrich there are approximately 3,500 head of cattle on the property at this time. There are other small sheds on the property not shown on the plat. A tank battery and other gas production equipment is directly behind the north labor house. The property where the new pens will be has been in row crops. By• n11J. Cr Current Planner 900292 p NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. 90-9 Ulrich Farms, Inc. c/o Ken Ulrich 14605 Weld County Road 21 Platteville, Colorado 80651 DATE: April 4, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Amended Special Review Permit - Expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District LEGAL DESCRIPTION: Part of the NEk of Section 22, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly ID E g3,7_7 DATED: March 12, 1990 i MAR 1 2 1990 PUBLISHED: March 22, 1990, in The New News PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on April 4, 1990, conditionally approved a Site Specific Development Plan and an Amended Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Ulrich Farms, Inc. c/o Ken Ulrich 14605 Weld County Road 21 Platteville, Colorado 80651 LEGAL DESCRIPTION: Part of the NEi of Section 22, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Expansion of a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District SIZE OF PARCEL: 37.9 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: April 12, 1990, in The New News 900292 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST ,_ +_1l 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # ()Atoll -14 ()5R--- 1)-7i7 THE SIGN WAS POSTED BY: evi+ce dti irevl 19 6,G 5- wc-8 2 l plai*v (Jlrcb NAME OF PERSON POSTING SIGN v� � SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19 TO . LLL SEAL NOTARY PU IC MY COMMISSION EXPIRES g/01,1- / / LAST DAY TO POST SIGN IS: /46Ly 300292 STATE OF COLORADO ) ss . COUNTY OF WELDZ \ic '(- e (6c45)being dully sworn , says tha he/she is publisher of the New ews , a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been contin- ously and uninterruptedly published therin during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper Public Notice is a newspaper within the meaning The B +rd of County of the act of the General Assembly Commissioners of Weld County, Cu:urado, on April 4, 1990, of the State of Colorado, entitled conditionally approved a Site n Specific Development Review and "An Act t o regulate the printing for the property and described below. Copurpose dition l of legal notices and advertisements , " approval of th' plan creates a and amendments thereto that the vested property right pursuant to Article "8 of Title 24, C.R.S. as notice of which the annexed is a annii nded, for a period of three years. printed copy taken from said news- APPLICANT: Ulrich Farms Inc. C/O Ken Ulrich 14605' Weld paper , was published in said news- County Road 21, Platteville, Colorado 80651 paper , and in the regular and entire LEGAL DESCRIPTION: Part of the NE1/4 of Section 22, Township issue of every number thereof , 3 North Ran a 67 West of the 6th P.M. Meld County,Colorado TYPE AND INTENSITY OF APPROVED USE: Expansion of a once a week for successive livestock confinement operation from 3500 to 8,000 cattle m the week( s ) ; that said notice was so Agncullurai Zone District SIZE OF PARCEL: 37.9 acres, published in said newspaper proper more or less Failure to abide by the terns and and not in any supplement thereof, conditions ns`fsfofappre ovai will vesrea and that the first publication of property nghtt..OARD OF COUNTY said notice as aforsaid , was on COMMISSIONERS • WELD COUNTY COLORADO BY: MARY ANN CL FEUERSTEIN COUNTY AND the 1 0--day of RECORDER AND CLERK TO ' BY: Mary Riff,Depuuty PUBLISHED: April 12, 1990 m 19 c O , and the last of the ( D- The New News. of , 1991Q Subscribed and swo n to before me this /02 ` day of q/2 19_. My Commission p re March 15,1C92 900292 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zon.nq Ordinance,a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised m 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 exanuned in the office of the Clerk to the Board of County Coninussioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley,Colorado. DOCKET NO.90-9 applicant Ulrich Firms,Inc. c/o Ken Ulrich 14605 Weld County Road 21 Platteville,Colorado 80651 DATE April 4,1990 TIME• 10 00 A.M REQUEST Site Specific Development Plan and Amended Special Review Permit-Expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District LEGAL DESCRIPTION: Part of the NE1/4 of Section 22, Township 3 North Range 67 West of the 6th P.M %Veld County,Colorado 15, Approximately Approxtely 2.25 1-6\ �1 C�— nules west of the Town of Platteville, north of Highway 66, west of Weld County Road 21 BOARD OF COUNTY COMMISSIONERS rD WELD COUNTY COLORADO BY MARY ANN FIEUERSTEIN COUNTY CLERK AND I/J RECORDER AND CLERK TO THE BOARD BY Shelly Miller,Depeuty \ \ DATED March 12, 1990 tJ To be published in The New News March 22, 1990 940292 Affidavit of Publication , STATE OF COLORADO . County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I am publisher of PLATTEVILLE HERALD NOTICE that, the same is a weekly newspaper of general circulation was Pursuant to the zoning laws of the State of Colorado and the printed and published in the town of Weld County Zoning Ordinance a public hearing will be held in PLATTEVILLE the Chambers of the Board of County Commissioners of the Weld County,Colorado,Weld County Centennial Center,915 in said county and state that the notice of advertisement,of which 10th Street, First Floor, Greeley, Colorado, at the time the annexed is a true copy has been published in said weekly specified All persons in any manner interested in the Site Specific Development Special Review Permit are re- newspaper for r `__ , quested to atted and maybe heard /�1� ^�`�— consecutive weeks: Should the applicant or any interested party desire the that the notice was published in the regular and entire issue of every presence of a court reporter to make a record of the pro- number of said newspaper during the period and time of publication ceedings,in addition to the taped record which will be kept during the hearing,the Clerk to the Board's Office shall be ad- of said notice and in the newspaper proper and not in a supplement vised in writing of such action at least five days prior to the thereof:that the first publication of said notice was contained in the hearing.The cost of engaging a court reporter shall be borne issue of said newspaper bearing the date of by the requesting party. rw._ ` -_I A.D..199b and the last publication BE IT ALSO KNOWN that the text and maps so certified by the f,in the issue of said n date, Weld County Planning Commission may be examined in the of- tha fice of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th the -.)-711-i / day of. Street,Third Floor,Greeley,Colorado. ll.�-cam 194"6. that the said DOCKET NO.90-0 APPLICANT Ulrich Farms,Inc do Ken Ulrich PLATTEVILLE HERALD 14605 Weld County Road 21 Platteville,Colorado 80651 has been published continuously and uninterruptedly during the period of at least fifty-two consecutive weeks next prior to the first DATE*April 4,1990 issue thereof containing said notice or advertisement above referred TIME 10-00 a.m. REQUEST Site Specific Development Plan and Amended to: and that said newspaper was at the time of each of the Special Review Permit - Expand a livestock confinement publications of said notice duly qualified for that purpose within the operation from 3,500 to 8,000 cattle In the meaning of an act entitled, "An Act Concerning Legal Notices. District Agricultural Zone Advertisements and Publicati d the Fees of Printers and LEGAL DESCRIPTION: Part of the NE1 of Section 22, Publishers thereof. tO Repeal is and Parts of Acts 1n Township 3 North,Range 67 West of the 6th P.M,Weld Coun- Conflict with ' Pro ions of this Act" proved Ap 1 7, 1921.and ty.Colorado. fin en thereof- and articul ly as am ed by an act LOCATION:Approximately 2.25 miles west of the Town of d1. , 390, rid man pproved 3,1931. Platteville;north of Nlghway 66,west of Weld County Road 4{ ,t"�"` BOARD OF COUNTY COMMISSIONERS Publisher WELD COUNTY,COLORADO Subs ed and" sworn to before me this day of BY MARY ANN FEUERSTEIN I�l�� ORDER A.D. 19 /f i ��TTT COUNTYAND CLERK TO THE ERK AND BOARD 1 ) BY'Shelly Miler.Deputy DATED:March 12,1990 J Notary Public Published In the Platteville Herald March 21 1990 15 D N ER A NUE FT. LUPTON, CO 80621 My commission expires June 1992 0 1"I 9C 0292 CI,,ice_'' I'( ( 'l `tI-I_.J-1 , , '' .--,_.(1 1': ';(,,...--1-r.; ',..,1 7L __ r, ,'_ :' ' t-!'".2- ,:z(,)‘,„,-,-_ t I"1`,t- hr_. .i in' ' - .: _ 117:1- _.'i,..: ' _ ' 1,,, ✓._ • ,_ ;""_ .-1 ',' ;`tt..t,.- - ,)t=i p. tl-- 1. .i-,11 i :t` ,;i ,. 'l` _,- , / ,_ -"ic NOTICE OF PUBLIC HEARING ,t'-' , '-,4'; 1 --',..t, CI • ;.44.1r)::: •-..7,:' .Y, The Weld County Planning 1 C Commission will hold a public _ t-.1.-:. .,. ; t _t r,i. '..":,:t I .i',!_.I'I Pc}' hearing on Tuesday, March 6, 1990, al 1 30 pm for the purpose -1' i_:' t_-'' ('' ,I ',- • - - - •'r' - of considering a Site S cific {.; 7 -, _ ! _. ._ Development Plan and- an amendment to a Special Review .i; , , 1 r t _ ,-.5 ,- ::4,. 't .-`<c. - Permit for the property described below. Approval of the request ' i.;•r!J ; r r' _, __ C ' ! I + Ct,' .., may create a vested property right pursuant to Colorado Law. -. _ 1'''''" ', ,-25 I V:0,•c', -' I 0't '::.-..,-"i:."-' -,i-1:;C',, -`'a APPLICANT: Ulrich Farms,Inc., c/o Ken Ulrich ' -_ , i - LEGAL DESCRIPTION. Part of i J l :7 ; i t" '�,;`+�; -i _._ ;. the NE 1/4 of Section 22, 1"3N ( , -I !- ., ;-1 R67W of the 6th PM., Weld T, ,4-",i'''t.1 z ' +! 1,? LI'?,1C i Ci of County,Colorado '_ ' . , f ,'" (--;',11:-!_1-6: , :tit t?!. (-3;- j'I-,(. TYPE AND INTENSITY OF PROPOSED USE: Expansion of i . ': f r..'1:1 (" •,11.1'7 7.,: .1. i L t,c1 "/'';`, ;}r t (3 livestock e tconfinement 8 000 head operation f ttl ) ' , i i (_,': 5,1', I 11.: ill _tit',. I i`l t% .)f _iW c.;t ' in the A (Agricultural) zone district .,' ! d, i ,^!. ! It LOCATIONS. LOCATION Approximately 2.25 miles west of Platteville; north of r'',' ?1`11 1; ,..z._1-1i.. t.1,-,:-._I--,7,-1-..r: , -,c'-i: 1 hr: .-, i State Highway 66, west of Weld County Woad 21 +f s,: ,_ r ii i i-, r,:,,1(:,:.-, :, c+ r _I t•G;'1 SIZE: 37.9 acres,more or less The public hearing will be held in the Weld County Commissioners' C is+' ;`I-.;'D C. '_ - !p�. il Hearing Room, First Floor, Weld ,i County Centennial Center, 915 1, 'I G i;. C .- ;;_, ;°i L,t Tenth Street, Greeley, Colorado. ,._t - _ci t:i ,:-,1.- ',t-,(.1 i ;11 _ -r ?."F'_L'.:_ t� 1• Comments or objections related to the above request should be '' I-t_, ,i,i- r ' i It , r;,.: .. ^t- r , cl, ; l._s •,✓, submitted in writing to the Weld j County Department of Planning .'_ r ,/ v r_.,1 - ":.1.-- ,., 'LE, _' Services, 915 Tenth Street, Room r• ;, _ :2 % ,I:•.t ' :I -r) L{,, c._,_.G before the above date ordppres ld ' at the pubhc hearing on March 6, 1990. t;t: ; ''.t'(-,r. Pr r r-,PC:V. tt',r+ I,C t -...t-; I,!"1% Copies of the application are , e available for public inspection in " L ':I'.r....,..-r-- ,': '-..e,G, 1( the Department of Planning t : .- - Services, Room 342, Weld County =, _ _ fi t;t_ _ s 1: ' 't ,i __u_: '_C r_ '- Centennal Center 915 Tenth f t_ t (J i,,_ C r !-, Street, Greeley Colorado 80631 - Phone 356-4000,Extension 4400. Ernie Ross Chairman Weld County Planning Ciommission /� f ;!, � _�Y f Gc. !.- i. Pubhshed in The New News February 8, 1990. ,_t;,. ' h 'tti t on '1--);:_., 1-6) 0 I r,,,`,35.)-.'11,\2f) - ' FEB 1 ' 1990 ES; . fi --, Ss-0292 FLOW SHEET /� 4 n CASE # Gt l /�-//L 0,5 2 -/a 7 APPLICANT: v,Q.2.L �� l.t�v,-4J, J � cto �. .�-L -, 4 ss ,0 p 0- a 5 i. '�"2./ .2-'j0a- ,cfrv.� cy a. ...1; -e--4--- REQUEST: Cr. .r ,n o.vvvv.-, c a-14,4,>`v-. (3 500 ez & 47 000 Its e„.,ET c...- L4, ) ,e__,,,,•/_-.i�a LEGAL: yo.6 &E h' Q?a -3-C„ '1' LOCATION: p'LA C. ,„,2Z,,,,- ' ./aavi r.„. -�, I ) % /1/47, 6 DATE BY Application Received v2-S - 90 ✓"--V Application Complete o4- 5 - 90 ....6‹._) `'/ Hearing Date: 'g0A,C,k) �� i / 99c0 90 �� Utility Board Hearing Date: W A a- 5 go `�4._) PC Sign given to Applicant c - .a- qv ,4., PC Sign posted By: .dtikGz.,6 �1 /9 90 & -5 -90 Letter to Applicant Drafted c2- s -90 _.„-mac, Referrals Listed a 5 - 9,::, C Public Notice Drafted File Assembled Referrals Mailed . -2.. -c‘- 9 •--osz - l Chaindexed Letter to Applicant Mailed _ Public Notice Sent Out By: ,, � /d r /99 O -5 -90 .x. -U Prop. & Mineral Owners Notified By: . /0 /g 90 a- --S `� °�''p Maps Prepared Field Check By DPS Staff - 1e- D ___Skl Field Check-Board Member: .Al L/Iiq, Gl-y,la rdL. .. (*)- DPS Recommendation Drafte DPS Recommendation Typed Packets Xeroxed PC/BOA Hearing Action: PC/BOA Resolution BOA Resolution Sent To Applicant 3 -� 'F.‘ o ..3'‘ 'T Meeting Summary or Minutes Filed in Case Case Sent To Clerk to Board . - 8 _ 90 CC Sign Given to Applicant -e-c., CC Sign Posted By: _3--2y v 3 ,OD 0 - CC Hearing: 41- 14-07 Action: Qfn -,v-e-et CC Resolution Received 'Aj/ -- 94 a % . Plat and/or Resolution Recorded /, History Card Completed ,(,i_ /6 - 9O , ,/ Recorded on Maps and Filed USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number u 5 Q -i a 7 Date Received Application Checked by j_x_. Mylar plat submitted Application Fee Receipt Number /73/y t -c)a -go Recording Fee Receipt Number ____=================_________================================amas=s======_ 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: Pt. NE 1/4 Section 22 T 3 N, R 67 W * See Attached Legal Description* LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Pt. NE 1/4 Section 22 T 3 N, R 67 W Property Address (if available) 14605 Weld County Rd. 21 Platteville CO 80651 PRESENT ZONE Agricultural OVERLAY ZONES -- TOTAL ACREAGE 37 PROPOSED LAND USE Feedlot EXISTING LAND USE Feedlot � FFB 1990 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE viV CT iAF IEW PERMIT: Name: ULRICH FARMS. INC. C/0 KEN ULRICH Address: 14605 Weld Co. Rd. 21 City Platteville ZiP 80651 Home Telephone # 785-2314 Business Telephone # 785-2314 Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Same as above. Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Same as above. Address: City Zip Name: Address: 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 )STATE OF COLORADO ) G/ h ,.C _)-o Y rh l -r • P Signature: Owner or Authorized Agent ,Substrjibed and sworn to before me this 16th. day of January 1990 . .c.2-grog-41/3 `" NOTARY PUBLIC 1231 - 8th Avenue =.' Greeley CO 80631 'My Lcdmmission expires July 6, 1990 900292 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 900 FEET PARALLEL TO AND 150 FEET AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE EAST, 1710 FEET, PARALLEL TO AND 900 FEET AS MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH, 165 FEET, PARALLEL TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTHEASTERLY, 794 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER, WHICH LIES 2010 FEET FROM THE SOUTHWEST CORNER OF SAID NORTH- EAST QUARTER; THENCE WEST, 2010 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINS 37.9 ACRES, MORE OR LESS. 900292 _Exhibit E Detailed Description of the Proposed Operation and Use 1. We presently have a special use permit to grow and fatten 3500 head of cattle and would like to enlarge the permit to feed 8000 head of cattle. 2. With the cattle feeding industry moving from smaller to larger feedlots, we feel it is necessary to enlarge our operation to stay competitive. 3. The properties on all four sides and four joining corners are engaged in farming. Their major crops are corn, hay , potatoes, pinto beans, and onions. 4. The closest residential structures, other than our own , would be about 800 ft. to the east, 1200 ft. to the south , 1200 ft. to the west, and 3000 ft. to the north. 5. This is not a commercial feedlot, therefore the only cattle owners would be John Ulrich and Kenneth Ulrich . 6. The number of employees would be about 7, working 6 to 10 hours per day. 7. The water used for the cattle, is water that is a by-product from Coors Bio-Tech. We also have adjudicated wells that are augmented through Central Weld Water Conservancy District. 8. The access route would be Colo. Hyw.66 to Weld County Road 21, then z mile north on Weld County Road 21. 9. The feed purchased would mostly be hauled in on farm trucks from neighbors. The cattle are hauled into and out of the lot on semi-trailers. The frequency of traffic would be equivalent to 4 semi loads per day. Although there arise certain times when traffic is heavier, those being silage harvest and shelled corn harvest. 10. The waste from the lot would be spread on the surrounding land. 11. The only increase in facilities would be corrals, having almost no fire danger. 12. The maximum numbers of animals would be 8000 cattle. 13. The manure from the lot is spread directly onto farm ground, weather permitting. If unable to spread directly in to farm ground it would be stock-piled until it could be spread. 14. The existing lot for 3500 head has retention ponds to handle the runoff. We mould build a new retention pond for the expanded lot. 900292 15. Dead animals are picked up by a rendering service. Trash is picked up by a trash service. 16. There are no landscaping or erosion plans. 17 The reclamation procedure would be to remove the fences and concrete bunks leaving the land in its present state. 18. We would like to build z of the corrals in 1990 and the other z by 1992. 9O '292 Additional Information and Supporting Documents 1. Weld County is a strong agricultural county in which cattle feeding is an important part. This feedlot will provide a market for abut 3,000 acres of corn. 2. Since we are in an agricultural community, we feel that our feedlot would be consistantwith the intent of the district we are located in. 3. When we built the existing corrals, we did so on our least productive ground. Part of the corrals we built on very sandy soil, which was which was very uneconomical ground to farm. 4. We seen on danger to the surrounding inhabitants other than dust, for which we have installed sprinklers in each corral to control the dust. 5. All the properties adjacent to the proposed lot are engaged in raising crops which include livestock feed. We would provide an excellent market for the corn and hay from the neighboring properties. 6. The proposed feedlot would not be prohibitive to the growth and development of any town or subdivision since the closest one is Platteville and it is about three miles to the east. The possibility of Platteville growing to the west, toward the proposed feedlot is limited because of the South Platte River location. 7. The proposed feedlot is in some of the highest ground in the area. It is not in any flood plain, geologic hazard, and to our best of our knowledge not in a Weld County Airport overlay district. 8. The water used would be from Coors Bio-Tech, well #1, Case No.W-3356, well #3 Case No. W-304, and if necessary we would transfer the consumtive use of water from ground taken out of production. 9. The property is owned by Ulrich Farms, Inc. , Exhibit B. 10. We feel the noise report should be waived since there will be no noise problem associated with a feedlot. 11. Soils Report, Exhibit C. 12. Property owners within 500 feet, Exhibit D. 13. The mineral rights are owned by Ulrich Farms, Inc. and leased to Amoco Production Company, Exhibit E. 9CO292 REFERRAL LIST NAME: Ulrich Farms, inc. , c/o Ken Ulrich CASE NUMBER: Amended USR-127 REFERRALS SENT: February 9, 1990 REFERRALS TO BE RECEIVED BY: February 19, 1990 COUNTY TOWNS and CITIES Attorney Ault X Health Department - Brighton - X Extension Service - Dacono Emergency Management Office Eaton Sheriff's Office Erie X Engineering Evans Housing Authority - Firestone Airport Authority Fort Lupton Building Inspection Frederick Garden City STATE Gilcrest X Division of Water Resources Greeley Geological Survey Grover Department of Health Hudson Highway Department Johnstown Historical Society Keenesburg Water Conservation Board Kersey X Oil and Gas Conservation Commission La Salle ""-O et ''°"J Lochbuie FIRE DISTRICTS Longmont Ault F-1 - Mead Berthoud F-2 Milliken Brighton F-3 New Raymer Dacono F-19 Nunn Eaton F-4 i X Platteville Fort Lupton F-5 Severance Galeton F-6 Windsor Hudson F-7 Johnstown F-8 COUNTIES La Salle F-9 Adams Longmont F-10 Boulder Milliken F-11 Larimer Nunn F-12 Pawnee X Platteville F-13 - °`IV`' `�" FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS ✓ X Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. Greeley X Beeman Irrigating Ditch & Milling Co. Longmont c/o Richard Hergert West Adams 15883 Weld County Road 21 Platteville, CO 80651 COMMISSION/BOARD MEMBER / X Judy Yamaguchi X Lupton Bottom Ditch c/o Roy Miller X Don Crow 9040 Highway 66 Public Service Co. of Colorado Platteville, CO 80651 5909 East 38th Avenue Denver, CO 80207-1295 131.“ 9G292 EORRflDUm Lanell Curry, Planning February 8, 1990 WokTo Date Drew Scheltinga, County Engineer COLORADO From Ulrich Farms, Inc. , USR-127 Subject: The Colorado Department of Health and the Weld County Health Department have regulations specifically pertaining to storm water retention for feedlot facilities. Therefore, the Engineering Department will not review the drainage aspects of this application. I do not anticipate the predicted truck traffic of four tractor-trailers per day to have a significant affect on Weld County Road 21. However, during periods of heavy hauling, such as manure spreading and silage harvest, there could be substantial damage to Weld County Road 21. Therefore, I recommend the following be added to the Operations Standards: The applicant is required to repair damage to Weld County Road 21 caused by heavier than normal truck hauling. Repairs may include grading to maintain a reasonably smooth surface and/or the placement of gravel to repair chuckholes and ruts. Also, the applicant shall be required to control fugitive dust caused by heavy hauling. FEB 1990 Nelf7 ee. Nathilt ,n.:.DSS9[iu DS/mw:prulr cc: Commissioner Kirby Planning Referral File - Ulrich Farms, Inc. , USR-127 9c ce292 . • • .• ' Planning Department December 2: , 1990 Date �• Fo Environmental Protection Services COLORADO From Ulrich Amended USR- 127 Subject• Weld County Health Department Staff inspected the feedlot waste water containment pond installed by Ulrich Farms at SW4, NE4, Section 22, Township 03N, Range 67W. The pond was found to be installed according to Engineer's Design submitted. WP04/cs .Am fl� 2 P V �9sia c. mEmoRAnDum Weld County Planning February 8, 1990 To Date Environmental Protection Services W l,9 f.i6 COLORADO From Case Number: USR-127 Name: Ulrich Farms, Inc. Subject: c/o Yen U1 ri rh Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. 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 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. 2. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 3. Run-off retention and containment facilities shall be designed by a registered professional engineer, reviewed and approved by the Weld County Health Department, and constructed in compliance with state statutes. 4. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted at this site. 11. All existing septic systems are required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 15. Fugitive dust must be controlled on this site. rg-ii36975 EPS76/cs FEB 1 3 1990 1 900292 Agenda Date: March 6, 1990 Applicant's Name: Ulrich Farms, Inc. , c/o Ken Ulrich Location: Approximately 2.25 miles west of Platteville; north of State Highway 66, west of Weld County Road 21 (14605 Weld County Road 21) Legal Description: Part of the NE of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado Type of Operation: A Site Specific Development Plan and Special Review permit for expansion of a livestock confinement operation (3, 500 head to 8,000 head of cattle) in the Agricultural zone district Comments: 6' rya /121-1-1.4 did 7 77 .� ` i X13\T/j eld County Extension Service {' Ev n 2 2 1990 9,,C292 STATE OF COLORADO OIL 1- ..ID GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor February 26 , 1990 Lanell J . Curry Department of Planning Services 915 10th Street Greeley, CO 80631 Re : Application for a Site Specific Development Plan and amended Special Review Permit . Livestock confinement operation expansion. Case # USR-127 Sec 22-3N-67W This letter is in regard to your request to review and comment on the Ulrich Farms, Inc . site specific plan for a livestock expansion operation, sec 22-3N-67W. I have reviewed the application and do not find any conflicts with the plans presented . I have enclosed an area well plat for your information. Future drilling in this area, should it occur , will have to comply with our safety rules , specifically : Rule 603 (a) Wells shall be located a distance of 150 feet or one and one-half times the derrick, whichever is greater, from any occupied building, public road, or major above ground utility line or railroad . Rule 604 (a) ( 3) Tanks shall be a minimum of 200 feet from the residences , normally occupied buildings , or well defined normally occupied outside area . Rule 604 ( b) (5) Fired vessel, heater treater, shall be a minimum of 200 feet from residences , occupied buildings , or well defined normally occupied outside area . If I can be of any further assistance I may be reached at 894-2100 . Yours truly, \ -:-.41,/{(A47C-- f-2A-- ?:-.'Tr\----75----T, D ff,'0 1 , Stephan Pott Sr. Engineer FEB 2 7 1990 wo Co iuii,iiFi. ,,e, ;,irsob. 900292 �OF CpCp� ROY ROMER ciii" Npl JERIS A.DANIELSON Governor * ` *% State Engineer Tm@ rvM/ \1876 �` OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 February 28, 1990 Ms. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ulrich Farms Special Review NE 1/4 Sec. 22, T3N, R67W, 6TH PM Dear Ms. Curry: We have reviewed the above referenced proposal to expand a 37.9 acre feedlot operation from 4,000 to an 8,000 cattle capacity. No information was submitted on projected water use. The applicant has two wells (Ulrich Well #1 and # 2) decreed for domestic and stock watering in a feedlot operation in Water Court Case Number W-3356. Each well has a decreed capacity of 0.067 cfs or 30 gallons per minute. With continuous pumping the two wells can produce about 86,000 gallons per day. This may be adequate to supply the water needs during normal operation, however, additional water may be required during the summer months. The applicant also has two wells decreed for irrigation in Water Court Case Number W-304. These wells cannot be used in the cattle feeding operation without a Water Court approved change in use. The application indicates that Ulrich wells #1 & #2 are currently being augmented with water from the Central Weld Water Conservancy District. We recommend approval contingent upon the applicant submitting a copy of a signed contract with the District to replace out-of-priority depletions. Additionally, the wells must be equipped with totalizing flow meters and annual diversions must be reported to the water commissioner for Water District 2. Sincerely, 9-tArrYW "AU/ James R. Hall , P.E. Supervising Water Resources Engineer JRH/JTS:cl f/8687I cc: Alan Berryman, Division Engineer L. AR 2 1990 Bruce DeBrine yp tidEY� Cb). �V M292 :-Ni»wNDLE EASTERN FIFE LINE C.FJ-- T e,5 Ka. 7th Briohtont Colorado 50601 (303) 659-5922 13-40 r• - �,t1,LS1 , ? 'z• C!c1c _ r,. alO-1 2i"tIOL,O0 J4 ari., --r_'a :t i'ai•c'slr1t'a ( 2 ' —0,75-120=-7" , tt=,-c3--1 rn di d t ',C-075-_ ti a ^ , ' E_.s 24 -'t'- rat't f.,4' 5E_ _7 . 'i 72. _ -r1 ' r,' .'1 Rey- Veld Cr^i;^t,. ,jeer r _'t -_r e„- r`J C+_' .+1 'C`__ _t c, - te t . ""`n' Cho 8 3!15 ti_' "c`4E crNare 1, a rt1L0a,; l Ca:te-n (r, „-t?1 ,?r_ a 53')--4co1 S• de rt _ht o'f !av O'. 211 r,} oe' 1^es ?nd ',r'.' e . r:'li_ cllioi c?'1V :"_' , :+Si 'O ;,atDin th2t. e ,cer 8rtaa. +J',a1 ,.ty linen. CtrC't^-.t`_ s C7 '�1l:s, _ .!r r V a 7 3 art ;ad TPt(- I 1 ar 2.,_. _ l`.E'l�.Yi� d'� �(_ _ is k_ c,t _i1Cr0 .[ ! C thr' S ..iC her eiS{ provide ' .. f1 wevs' .. that tali Ct'Oos "+'{,_ _ 1r . L 'El e il_ i_ '-' !:12dr.. C`_' e1__o1 to the the , ,.-'ac}•'_ 9Y_ :'ctC . l" ::e,, j cm tm ,vt,I2J 1., to C1 :Led e-f tS - _' 7' -Y C'_+:I �;C' 4'.. :.d} 2 'r _'r ' ' _ t _ ;t'+ [ :t c,ra r _- L 2C{ .C 1]�[1 !C•tt. ! - - O° etio ^] ur! 7r_tC tr �'_ G- 'J'''++ i!1 , to "k-RU:-i',7.'?"k-RU:-i',7.'? ,'i- i ,.11't .w1�r the , l'+1 t- U..' ( 1 1 F , _dress Chi{!;s pf , _ ?s: to vrun ',Se 11 1 ' .'i _ a-rl •r! 112r• 1 r'r=r to Cr,lr _tt_ d`=Ct ^�"r_ 1_�r. :_t Cl" ';•I-]�1 i-n1. r '1 .f.r -_- E;'c ^.w r",_ ti '- ! "ff:t be +_,'.lt 14 trt, r„r r. C 'r 11^ i.re '-h.: :n '-src0'1 or Y,-- r i „ l ,ra 'r ,2CF2/?- - '? ' ;7 0 -' 1-ry F. 6,bston ai r i.`n(n`r.tr 900292 419517 11114 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 O • CASE NUMBER Amended USR-127. COLORADO February 5, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Ulrich Farms, Inc. , c/o Ken Ulrich for a Site Specific Development Plan and an amended Special Review Permit for expansion of a livestock confinement operation (3, 500 head to 8,000 head of cattle) in the Agricultural zone district. The parcel of land is described as part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.25 miles west of Platteville; north of Highway 66, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by February 19, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 our town for the following reasons: c—Dpi-6i)g]c\-w) 3. AY We have reviewed the request and find no conflict5 wHil 24. 1990 interests. 4. A formal recommendation is under consideration an @y&a118aible, •thy=-- u�' submitted to you prior to: 5. Please refer to the enclosed letter. Agency: ,P/�l // ,.//(t6 Fire ' c- Date: 2/Ze(1910 900292 •. (191: '' dolim DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET 'r, GREELEY,COLORADO 80631 • O FEB 2 6 1950 • SE NUMBER Amended USR-127 COLORADO - - - �V�l Co, chart fic tic6sttral February 9, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Ulrich Farms, Inc. , c/o Ken Ulrich for a Site Specific Development Plan and an amended Special Review Permit for expansion of a livestock confinement operation (3, 500 head to 8,000 head of cattle) in the Agricultural zone district. The parcel of land is described as part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.25 miles west of Platteville; north of Highway 66, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by February 19, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 our town for the following reasons: 3. X We have reviewed the request anc find no conflicts with our interests. 4. A formal rec mendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. /J 13_,212j Date: _ G� U .i. ,.,,, , (:—:,//, ' -cc DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 • I 91510th STREET GREELEY,COLORADO 80631 O • CASE NUMBER Amended USR-127 , COLORADO February 5, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Ulrich Farms, Inc. , c/o Ken Ulrich for a Site Specific Development Plan and an amended Special Review Permit for expansion of a livestock confinement operation (3, 500 head to 8,000 head of cattle) in the Agricultural zone district. The parcel of land is described as part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2.25 miles west of Platteville; north of Highway 66, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by February 19, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. )( W have reviewed this request and find that it doe does not) comply with our Comprehensive Plan for the oflowing reasons. - -0, "1`� 2. We do not have a Comprehensive Plan, but we feel this request __;--)D (is/is not) compatible with the interests of our "a ,�� town for the following reasons: 11 �3. We have reviewed the request 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. �i 1 Signed: d„lt- iel, -f / Agency /G / {E )e l�lG�i7o �� ©ri+,�iS5 D�1 Date: -a 0 16 9,,C292 a _ Aa A a c s . A� . ♦ .- .- .- -- - -- A�.►y// • I a + - • ai • ■ a I ■ • • • • • • • • r ■ • • • • • T• '1 ✓ \ 1, , w 17 • If = la Ncis I L I��Z+ • 7A0�ps° 17 1• L If 1♦ v • ill ' I? ' Is • OIL 1� \ 1 • • • I MIT , • ,! i ei �_�' - .- -s• •— •— •— So S as. as0 I 4 • • / ? I li ►• a •20 i :As 21 I o li• ;) ES I • ' • , M>1dCo1 II • I 254• • • "r •� 7 • • t3 If I Zt 1 • • ti 1 2420 • • . •_ __ ,- . 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NofAP1 - • ry �vp� fin, • .Cy "YJ, f`' • n�•-2....,-‘,:a.,....4.-... r's' .. n/t:�i' .:i. _.1•_;i:...:.'61: F..,;<C �li'r�^?\ • A. •?t c. 1 • 2 4/0. 34 ( * W -- IV 1 1 N I6 - I0 - 07F 5 SEE DETAIL A , /// 1 I . . 63 ' I AMOCO - ULRICH - I - - - - 4f 7 M . 7800 A. P. C . - JOSEPH . S WEBBER TRUE # I M.S. 30548 i 7 14 - 10 - 075 - I245 - 4" \ . 22 , � 14 - 10 -075 - 124 - 3 16 - 10 - 075 - 113 - 4 "7 /.303 - / ;cp 0 f I I r A 200. 53 I . '!J AMOC 19 - 10 - 075 - 65 - 3 VyEBBEO R M.S. 7645 19 - 10 — 075 - 17-3 �= D - 4 3 AI ‘ 7 up os/ 2384. 75 ' \ N,N @DG + 7(0 - 2589.64 ' in19 - 10 - 075 - 268 - 3 " 0 I N- 16 - 10 - 075 169 - 4 " 0 MOCO- STRONG I p M.S. 8437 I AMOCO — MAYE R - I cD M.S. 8/52 1 J - 546. // ilk / I d 4 - 160/ 38 ' -13 27 .'� I N N-/- 505. 74 ' ‘ 200 ' 9 -4 " -i-\ . tz ` AMOCO - MILLER - I AMOCO - BEF • MS. 8056 - . M. S. 7847 14 - 10 --075 - 215 - 3 900292 s 375 8 red ' e I ..c 580 * \ E - ll E II 55 ' ,5 //2T. 44 ' � LAKE /697. 26 as o liJ JUL 11 1973 • _; 8004,. Recorded at /6 o'clock M., t_? 695 2617104 ANN SPOMEP, t 1 Reception No Recorder. JOHNNIE ULRICH whose address is Rt. 2, Box 35, Platteville, i County of Weld , and State of a'' Colorado , for the consideration of other valuable considerations and Ten Dollars, in hand paid, .---! hereby sell(s) and quit claim(s) to ULRICH FARMS, INC. , a Colorado corporation, %--t whose address is Rt. 2, Box 35, Platteville, :At 71 rl' County of Weld , and State of Colorado , the following real co .o property, in the County of Weld , and State of Colorado, to wit: 0 CD C.' The Northeast Quarter (NE4) of Section Twenty-two (22), Township Three (3) North, Range Sixty-seven (67) West of the Sixth P.M. , Weld County, p Colorado, together with three (3) shares of The Beeman Irrigating Ditch %---1 and Milling Company, '--I -_, - with all its appurtenances Signed this /o day of .x%(27 73 . . .. ..... ..... .. ,,,....4 nnie Ulrich STATE OF COLORADO, Iss. County of Weld The f egoing instrument was acknowledged before me this /064- day of � , 19 73 , by Johnnie Ulrich. ,I.,,'.,, ,,,,,'I,,' • ,.7 • '� y'comliirislmti`egpireaa,_. �, f ' 4. ..:., en s taand;_and officials /:-) :i,p•.Q. `� :0 . 4Z-1; p/ `4.. t... i.1 .F !/ Notary Public. hta�kck�eola�(QdDinanf.If by natural person or persona hero insert name or names: If by person actlr•s 1n representative or �� of lerayatlty or as attorney-In-fact,then insert name of person as executor.attorney'- fact or other capacity or descrip- •lyJ� pen• If by officer of corporation. then insert name of such officer or officers,as the president or other officers of such cor- laEt pAys.Ming 1t. - NO. 898. QUIT CLAIN DEED—Short form—See. 118-1-13 as amended 1961.-9-71 —Bradford Publishing Company.182.3 Stout Street,Denver.Colorado Form 840-10-0667 1 • FI THIS DEED, Made this , /y 779 , day of January,; in the year of our Lord, one thousand nine hundred and Seventy between JOHNNIE ULRICH County of Weld, State of Colorado,of the first part,and t7 PUBLIC SERVICE COMPANY OF COLORADO a corporation organized and existing under and by virtue of the laws of.the State of Colorado,of the second part: CD WITNESSETH, That the said part y of the first part,for and in consideration of the sum of Z Fourteen Thousand Three Hundred and No/100 DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged,ha$ granted,bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described Nit De parcel of land (hereinafter called the "Premises"), situate, lying and being in the County of •Weld and State.of Colorado, to-wit: ' The West 15O feet of the NE4 of Section 22, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. RESERVING, however, to the_Grantor(X) as theowner(X) of land abutting_the_Premises,_and to the Grantors__ successors in such ownership, the following; The_right and privilege to use the Premises for agricultural use and__ operation so long as such use does not interfere with any use of the Premises which the Grantee, its successors.o; assigns may attime or times desire to makeprovidedthe_Grantor(9{i his heirsexecutors,_administrators and assigns_relieve the Gr antes, its successors or assigns from any and all liability in making such agricultural_ use of the premises. The Grantee, its successors and assigns shall not be liable for damage caused to property_ (growing or otherwise). on the Premise*'he GrantorQC) his heirs,_executors,_administrators and assigns shall_at no time have_anyright to_erect_er maintain any_huildings pg other_structures,_or__to_plantanytrees,onto-_ breakany natural sod on the Premises., . TO HAVE AND TO HOLD the said Premises above bargained and described, with the appurtenances, unto the said party of the second part, its successors and assigns forever. And the said part y of the first part, for him self, his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the Premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains,sales,liens, taxes, assessments and incumbrances of whatever kind or nature soever, except general real estate taxes for the year 1969, payable in 1970, and subsequent years, and rights of way of record `?except as may be incurred to existing irrigation ditches and existing irrigation structures and crops on the adjoining property as a result of being unable to run waste water::over and across the above described property and the above bargained Premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. NOTE: THIS DEED IS RECORDED IN BOOK 622,`RECEPTION NO. 1543964, ON MARCH 1 , 1970. 900292 • !"ILL"u , - WATER COURT, WATER DIVISION NO. I, STATE OF COLORADO Case No. 90-CW-068 0 OCT2C ', ; / 7 (W-304 and 85-CW-174 ) FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE 'AiCili. COURT CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ULRICH FARMS, INC. IN WELD COUNTY. THIS CHANGE, having been filed with the Water Clerk, Water Division No. 1 on April 13 , 1990, and modifying cases W-304 filed on October 22, 1970 and 85-CW-174 filed July 31 , 1985 , and all matters contained in the application having been reviewed, and testimony and evidence having been taken as necessary, the Referee hereby enters the following Findings of Fact, Conclusions of Law and Ruling: FINDINGS OF FACT 1 . The applicant is Ulrich Farms, Inc. , c/o Ken Ulrich, 14605 Weld County Road 21 , Platteville, Colorado 80651 . 2 . All notices of this matter required by law have been fulfilled and the Court has jurisdiction over the subject matter of this application and over all persons and property affected by it, irrespective of whether or its owners have appeared. 3 . No statement of opposition to said application has been filed and the time for filing such statement has expired . 4 . Ulrich Well No. 1-0133 was originally decreed in Case No. W-304, November 3, 1971 , Water Division No. 1 , in the Northeast Quarter of Section 22, Township 3 North, Range 67 West of the 6th P.M. , Weld County, at a point approximately 2 ,600 feet south and 1,200 feet west of the Northeast Corner of Section 22 with an appropriation date of December 31, 1936 for the irrigation of 160 acres in the Northeast Quarter of Section 22 at the rate of 3 . 0 c.f.s. Ulrich Well No. 1-0133 was changed in Case No. 85-CW-174, Water Division No. 1, and Ulrich Feedlot Well No. 3-31362-F was first adjudicated in that case. Ulrich Feedlot Well No. 3-31362-F was decreed on December 15 , 1986 in the Northeast Quarter of Section 22 at a point 2,170 feet South and 1 ,000 West of the Northeast Quarter of Section 22 with an appropriation date of December 90-CW-068 Ulrich Page -2- 31 , 1936 in the amount of . 067 c.f.s. for stock watering purposes for approximately 3 ,000 head, domestic use in a single family dwelling and irrigation of 1 acre, with an annual appropriation of 30 acre-feet. The amount of irrigation allowed under Ulrich Well No. 1-0133 was reduced by 12 acres to 124 acres. 5 . An application to increase the amount of water withdrawn from Ulrich Well No. 3-31362-F was filed with the State Engineer on April 13 , 1990 . This application requested an increase to 60 gallons per minute and to 96 acre-feet. The application was denied April 20, 1990 (AD-12121 ) . 6 . Applicant proposes to change the rate of diversion from Ulrich Feedlot Well No. 3-31362-F to 0 . 133 c. f.s . ( 60 gpm) , increase the annual diversions to 61 . 45 acre-feet, increase the stock watering use to 8 ,000 head and for fire protection. Applicant proposes to remove 17 acres from irrigation to off- set the increased stock watering use from Ulrich Feedlot Well No. 3-31362-F. Irrigation by Ulrich Well No. 1-0133 , Ulrich Well No. 2-0134 and three shares of Beeman Ditch water in the Northeast Quarter of Section 22 shall be reduced to 107 acres. CONCLUSIONS OF LAW 7 . The Court his jurisdiction of the subject matter of this application and all persons affected hereby, whether they have appeared or not, pursuant to §37-92-203 (1 ) , §37-92-302 and §37-92-304 , C.R.S . 8 . This application was filed with the Water Court pursuant to §37-92-302 , C.R .S . No statements of opposition were filed and the time for filing statements of opposition has expired . 9 . Full and adequate notice of the claim adjudicated herein has been given in the manner required by law. RULING AND DECREE 10 . 11 through ¶9 , inclusive, are incorporated herein by reference and made a part of this Ruling and Decree as fully set forth. 11 . The rate of diversion for Ulrich Feedlot Well No. 3-31362-F is increased to 0 .133 c. f.s. ( 60 gpm) , and limited to 61 .45 acre-feet annually, the stock watering use is increased to 8 ,000 head and fire protection use is added . Applicant shall remove 17 acres of land previously irrigated from irrigation to off-set the increased stock watering use from Ulrich , 90-CW-068 Ulrich Page -3- -.. Feedlot Well No. 3-31362-F. Irrigation by Ulrich Well No. 1-0133 , Ulrich Well No. 2-0134 and water from three shares of Beeman Ditch in the Northeast Quarter of Section 22 shall not exceed 107 acres. 12 . This change from irrigation use to year-round feedlot use will not injure other water rights provided applicant continues to operate this well in compliance with the amended rules and regulations for the South Platte as adopted in Case No. W-7209 , et. al. , dated March 15 , 1974 . 13 . The applicant shall install and maintain such measuring devices and maintain such records as the Division Engineer may require for administration of these rights . 14 . This change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five years from the date of this decree pursuant to §37-92-304 ( 6 ) , C.R.S . DATED this 26th day of October 1990 . m d S. iesman Wat Referee Water Division No. I THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. DATED: NOV 2 8 1990 7/ / "� Rab rt A. Befirman Water Judge Water Division No. 1 • State of Colorado LIND, LAWRENCE & OTTENHOFF Al 1ORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O BOX 326 GREELEY,COLORADO 80632 GEORGE H OTTENHOFF TELEPHONE KENNETH F LIND (303)353.2323 KIM R LAWRENCE (303)356.9160 May 14, 1990 TELECOPIER (303)356.1111 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Attention: Lanell Curry Re: Amended USR-127 (Ulrich) Dear Ms. Curry: Enclosed is a copy of the Class D Augmentation Contract between Ulrich Farms and Central Colorado Water Conservancy District. This is to meet Condition 3 (d) of the USR Resolution. Very truly yours, LIND, LAWR NCE ' OTTENHOFF f 1 Kennet F. in,d KFL/cg Enclosure De16-115-FnIVO\ , CLAY 1 6 1990 (11 ', . I;Jelr� �B ,. -4/V/ Farm 11 77.22 Type h , PETITION R LASS D NON-IRRIGATION WATER ALLO' JT CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political subdivi- sion of the State of Colorado,organized and existing by virtue of C.R.S.1973,Section 37.45-101,et.seq.,for a Class D Non-Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions: 1 Name.address and telephone number of Petitioner:(also supply address of local representative,if any) Ulrich Farms, Inc. 14605 W.C.R_21 Plattville, CO Phone: 785-2314 2 Legal description of the lands where the water will be used and attached.(attach a copy of deed(s)for land and state total acreage): NW4_S22_, T3N, R6_7_W Weld County. ColOrad4 3 Ground water use. a Type of ground water use'(domestic,livestock,commercial,industrial) DOf11eStiC, Commercial_(livestock) b Short description of ground water use. Water will be used in a 3000 headte_dlo t. _ 4 Petitioner owns andlor uses on the above-described lands the following water rights.(attach a copy of decree(s)for well(s)- - Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No., Decreed of Well Section,T,R) (g p m.) Case No if any Use Feedlot well NE4_S22,T3N,__R67W__30 _85-CW-174 Ulrich Feedlot well stockwatering Ulrich #1 NE4 S22,T3N, R67W 30 W-3356 Ulrich well #1 stockwatering Ulrich #2 NE4 S22,T3N, R67W 30 W-3356 Ulrich well #2 _Qtockwater .ng a State the power source(s)used for ground water diversion(s):(electric,gasoline,diesel,natural gas) electric b.Do your wells have totalizer flow meters installed and operating? No c State whether an efficiency determination of your well(s)has been made,and if so state that efficiency for each well. No 5. Ground water diversion and return flow acre-feet by months: Ground Water Diversion Ground Water Return Flow Month Min Average Max. Min. Average Max. Jan 1.56 1.95 2.34 Feb 1.66 2.08 2._4.9 _ Mar 1 .75 2. 1_9 2,62 Apr _2.03 2.54 3_`0.4 May _2.39 2.99 3,_59 Jun_ 2_58 323 3-8.7 Jul 2.77 4.]_2 5 6-6 Aug 368 4.6.0 5-52 Sep 2,58 3-23 3-87 Oct 2,21 2.76 3.31 Nov 1.84 2.30 2_76 Dec 1,56 1 .95 2 34 Total 29.91 34.54_ 41.41 a The above quantities were determined by (state name,address,telephone number and date determined)Ken Ulrich - according to the Great Plains Beef Cattle Feeding Handbook by the Cooperative Extention Service._ b Method of determination (briefly describe and attach supplemental documents as necessary) Based On a we fight O f 1.000 plc_unc1c.s per animal. Ken Illrich=_Zhone_ 85-6223 - 6 It is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for each calendar year such as set out In Paragraph 5 7 It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown In Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION 8 The initial amount of augmentation plan replacement water allotted for this use is_34..54 ,and the Initial annual special assessment will be s_69_,08 at$_2., J per acre-foot The amount of water allotted, the Initial assessment and assessment per acre-foot will change from year to year and Applicant will be notified of a change in special assessment by a yearly bill of assessment.It is understood and agreed by Peti- tioner that the quantity of augmentation plan replacement water to be allotted is to be determined by the Board on the basis of information given in Paragraphs 2 through 6 above,In accordance with the proposed Plan for Augmentation of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,in Case No W-7904 in the District Court in and for Water Division No.1,State of Colorado,or other plans which may be in effect in order to permit well pumping in accordance with rules and regulations of the State Engineer or otherwise.The Subdistrict will take such actions as it deems necessary to promote or protect said plans. 9 it is understood and agreed that upon entry of an order granting said Petition,Petitioner shall be obligated under the terms of this Contract.Petitioner may, within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection In writing to the Board of Directors of the Subdistrict staling in particular why the Contract or bill of assessment is incorrect The Board of Directors may review the written objection and with or without hearing act upon the same and notify Petitioner 10. Because the proposed augmentation plan will be based on information provided in Paragraphs 2 through 6,Petitioner agrees. a To continue to use the water rights described In Paragraph 4 in the same manner and to the same extent as described in Paragraph 3 and 5,or b To Immediately notify the Board of Directors of the Subdistrict of any changes In the information given in Paragraphs 2 through 6 11 It is understood and agreed that failure to adhere to Paragraph 10 may result in the immediate termination of this contract by the Board of Directors If your contract is so terminated you may petition the Board of Directors to be heard on the matter of the termination. 12. It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit from the allotment shall be within the Ground Water Manage- ment Subdistrict of the Central Colorado Water Conservancy District. .J - 13. II Is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain Judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,In order to enable Petitioner to operate the well(s)described above in accordance with the rules and regulations of the State Engineer governing well pumping,and the laws of the State of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use Its best efforts to obtain an operating plan,or Plan of Augmentation,In order to assist the Petitioner in the continued use of well water and will take such actions as deemed proper by the Board of Directors to promote or protect said plans. 14 Pursuant to Section 37.45.125(2)(f),C.R S.1973,the annual assessments herein shall become a tax lien upon the lands for which such water Is petitioned and allocated Upon termination of this Contract any unpaid assessments will remain a lien upon the land. 15. The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,In the alternative,the parties may elect to begin the term Immediately upon execution in which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,if timely payment is made,unless notice In writing Is given by either party canceling the contract thirty(30)days prior to the end of the calendar year 16 it Is understood and agreed that the replacement water allotment Is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands other than those described In Paragraph 2 without the prior specific approval of the Board of Directors of said Subdistrict. Petitioner -74 ; , 11{., 1R , Petitioner j Petitioner Petitioner The foregoing Instrument was acknowledged before me by the above signed this 4th da f September 1986 WITNESS my hand and official seal. )� Cc.�J��, Notary Public My Commission Expires: 9-23—89 Street 2910 Harp Court City Greeley State CO lip 80631 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, it Is ORDERED that the above petition be granted and Is hereby made a contract and an initial allotment of acre•feet of augmentation replacement water be made to the lands therein described upon the terms,and payable In the manner,as in said petition,the Initial amount payable being an annual assessment of$ 89.08 .Failure to notify the Board of Directors of any material changes may result In the Immediate termination of this contract. �� , /91 DONE this �--S day of � GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORATER CONSERVANCY DISTRICT By f President ATTEST. (Seal) l(, V J Ca ,ft Secretary V i t Farm II 77.22 Type 6 PETITION FOR SS D NON-IRRIGATION WATER ALLOTMI CONTRACT FROM ...... GROUND WATER MANAGEMENT SUBDI ICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political subdivi- sion of the State of Colorado,organized and existing by virtue of G.R.S.1973,Section 37-45-101,et.seq.,for a Class D Non-Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions: 1. Name,address and telephone number of Petitioner:(also supply address of local representative,If any) Ulrich Farms, Inc. 14605 W.C.R. 21 Plattville, CO Phone: 785-2314 2. Legal description of the lands where the water will be used and attached.(attach a copy of deed(s)for land and state total acreage): NW4_S22_,_ T3N, R6J_W Weld County, Co19 ado 3 Ground water use. a Type of ground water use (domestic,livestock,commercial,industrial) DOmestiC. Commercial O.iv_e_s_tock) b Short description of ground water use Water will be used in a 3000 head ,f eedlat. 4 Petitioner owns andlor uses on the above-described lands the following water rights:(attach a copy of decree(s)for well(s): Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No-, Decreed of Well Section,T,R) (g p m.) Case No. If any Use Feedlot well NE4_S22_,'.C3N_,_R67W-30 85-CW-174 Ulrich Feedlot well stockwatering Ulrich #1 NE4 S22,T3N, R67W 30 W-3356 Ulrich well 41 stockwatering Ulrich #2 NE4 S22,T3N, R67W 30 W-3356 Ulrich well #2 _tockwatering a Slate the power source(s)used for ground water diversion(s)•(electric,gasoline,diesel,natural gas) electric b Do your wells have totalizer flow meters installed and operating', No c State whether an efficiency determination of your well(s)has been made,and if so state that efficiency for each well No 5. Ground water diversion and return flow acre-feet by months: Ground Water Diversion Ground Water Return Flow Month Min Average Max. Min. Average Max. Jan 1.56 1.95 2.34 Feb 1_66 2.08 2.49 Mar 1 .75 2. 19 2y62 Apr 2.03 2.54 304 May _2.39 2.99 3,59 Jun 2.5.8 3,23 3 8.7 Jul 2.77 4._7_2 5-66 Aug 3._68 4-60 5.57 Sep 2,58 3.23 3_8J Oct 2,21 2.16 3.31 Nov 1,x_4 7. 30 7-76 Dec 1-.56 1 .95 7.34 Total 29.91 34.54 41_._41 a The above quantities were determined by:(state name,address,telephone number and date determined)Ken Ulrich - according to the Great Plains Beef Cattle Feeding Handbook by the Cooperative Extention Service. b Method of determination (briefly describe and attach supplemental documents as necessary) Based on a weight of 1,000 pounds per animal. Ken U r i_eh_—o_ng_. I85-6223 6 It is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for each calendar year such as set out in Paragraph 5 7 It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown in Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION 8 The initial amount of augmentation plan replacement water allotted for this use is 34.54 ,and the initial annual special assessment will be$ 69.08 _at $._2.00 per acre-foot The amount of water allotted,the initial assessment and assessment per acre-foot will change from year to year and Applicant will be notified of a change in special assessment bye yearly bill of assessment It is understood and agreed by Peti- tioner that the quantity of augmentation plan replacement water to be allotted Is to be determined by the Board on the basis of information given in Paragraphs 2 through 6 above,In accordance with the proposed Plan for Augmentation of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,in Case No W-7904 in the District Court in and for Water Division No.1,State of Colorado,or other plans which may be in effect in order to permit well pumping in accordance with rules and regulations of the Stale Engineer or otherwise.The Subdistrict will take such actions as it deems necessary to promote or protect said plans. 9 It Is understood and agreed that upon entry of an order granting said Petition,Petitioner shall be obligated under the terms of this Contract Petitioner may, within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the Contract or bill of assessment is incorrect.The Board of Directors may review the written objection and with or without hearing act upon the same and notify Petitioner. 10 Because the proposed augmentation plan will be based on information provided in Paragraphs 2 through 6,Petitioner agrees. a To continue to use the water rights described in Paragraph 4 in the same manner and to the same extent as described in Paragraph 3 and 5,or b To immediately notify the Board of Directors of the Subdistrict of any changes In the Information given in Paragraphs 2 through 6 11 Ills understood and agreed that failure to adhere to Paragraph 10 may result in the immediate termination of this contract by the Board of Directors If your contract is so terminated you may petition the Board of Directors to be heard on the matter of the termination. It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit from the allotment shall be within the Ground Water Manage- ment Subdistrict of the Central Colorado Water Conservancy District. 1 13. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain Judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,In order to enable Petitioner to operate the well(s)described above In accordance with the rules and regulations of the Stale Engineer governing well pumping,and the laws of the State of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use Its best efforts to obtain an operating plan,or Plan of Augmentation,in order to assist the Petitioner In the continued use of well water and will take such actions as deemed proper by the Board of Directors to promote or protect said plans 14 Pursuant to Section 37.45-125(2)(f),C R S.1973,the annual assessments herein shall become a tax lien upon the lands for which such water is petitioned and allocated Upon termination of this Contract any unpaid assessments will remain a lien upon the land. 15 The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,in the alternative,the parties may elect to begin the term Immediately upon execution In which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,If timely payment is made,unless notice in writing is given by either party canceling the contract thirty(30)days prior to the end of the calendar year. 16 It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands other than those described in Paragraph�2 without the prior specific approval of the Board of Directors of said Subdistrict. e / PetitlonerA,I rj ,.'„i,•/.y t.7 7.�: ; ��.•-�c Petitioner Petitioner Petitioner The foregoing Instrument was acknowledged before me by the above signed this 4th da f September 198{7 6. WITNESS my hand and official seal. G2 E`Jt/(/��6,-..,...6,/,- ;.,Notary Public My Commission Expires- 9-23-89 Street 2910 Harp Court City Greeley State CO 71p 80631 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, it is ORDERED that the above petition be granted and is hereby made a contract and an initial allotment of acre-feet of augmentation replacement water be made to the lands therein described upon the terms,and payable in the manner,as in said petition,the initial amount payable being an annual assessment of$ 69.08 .Failure to notify the Board of Directors of any material changes may result in the immediate termination`offhithis��ccontract. /Q/� DONE this •----, day of ) / /Ll , / /O A • / GROUND WATER MANAGEMEN I SUBDISTRICT OF THE CENTRAL COLORAj2D-14(ATER CONSERVANCY DISTRICT By .Y:�l-�rt �,/ zI lz. 4/.:, President • ATTEST: 1\(Seal) ��"�r 1co, V cc.Q.. ecretary PETIT FOR CLASS D NON-IRRIGATION WATER OTMENT CONTRACT ROM THE GROUND WATER MANAGEME IUBDISTRICT Type 6 OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Farm # 491 Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political sut sion of the State of Colorado,organized and existing by virtue of C.R.S.1973,Section 37-45-101,et.seq.,for a Class D Non-Irrigation Water Allotment Contra( beneficial use of water under the following terms and conditions: 1. Name,address and telephone number of Petitioner.(also supply address of local representative,If any) Ulrich Farms, Inc. 14605 W.C.R. 21, Platteville, CO 80651 Phone: 785-2314 2. Legal description of the lands where the water will be used and attached.(attach a copy of deed(s)for land and state total acreage): NWT S22, T3N, R67W 3. Ground water use. a.Type of ground water use:(domestic,livestock,commercial,industrial) Domestic, Commerical (livestock) b.Short description of ground water use: Water will be used in a 8000 head feedlot. 4. Petitioner owns and/or uses on the above-described lands the following water rights:(attach a copy of decree(s)for well(s): v -- Location Pumping j.• (Quarter, Well Permit _ Name or Number Quarter, Capacity Adjudication or Registration No., , Decreed of Well Section,T,R) (g p. Case No. if any -/ " Us�� Feedlot well NEi S22,T3N,R67W 60 85-CW-174 Ulrich Feedlot,well stockwal Ulrich #1 NEk S22,T3N,R67W 3 W-3356 Ulrich well #1 atockwaterinj Ulrich #2 NE} S22,T3N,R67W 30 W- 356 Ulrich well #21 stockwaterin: a.State the power source(s)used for ground water diversion(s):(electric,gasoline,diesel,natural gas) electric b.Do your wells have totalizer flow meters installed and operating? No c.State whether an efficiency determination of your well(s)has been made,and if so state that efficiency for each well. No 5. Ground water diversion and return flow acre-feet by months: Ground Water Diversion Ground Water Return Flow Month Min Average Max. Min. Average Max. Jan 5.33 13.45 Feb 4.33 10.92 Mar - 4.39 11.08 Apr 3.95 9.972 May - . 6 • • `7 r-N.t _ ri Jun Jul 1II� Aug . , U , Sep , • Oct 7-46 1R-R4 Nov 6-59 16_62 Dec 6 02 15.20 Total 62.73 158_30 a.The above quantities were determined by:(state name,address,telephone number and date determined)Forrest LP a f, Wa t Pr Resnur( Engineer, C.C.W.C.D. b.Method of determination:(briefly describe and attach supplemental documents as necessary) 6. It is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for ea( calendar year such as set out in Paragraph 5. 7. It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict recoil of his power consumption for each of his ground water diversion structures shown in Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST C PROVIDING THE REQUESTED INFORMATION. 8. The initial amount of augmentation plan replacement water allotted for this use is 62.73 ,and the Initial annual special assessment w. be$ 125.46 at$ 2.00 per acre-foot.The amount of water allotted,the Initial assessment and assessment per acre-foot w change from year to year and Applicant will be notified of a change in special assessment by a yearly bill of assessment.It is understood and agreed by Pei tioner that the quantity of augmentation plan replacement water to be allotted is to be determined by the Board on the basis of information given I Paragraphs 2 through 6 above,in accordance with the proposed Plan for Augmentation of the Ground Water Management Subdistrict of the Central Colorad Water Conservancy District,in Case No.W-7904 In the District Court in and for Water Division No.1,State of Colorado,or other plans which may be in effer in order to permit well pumping in accordance with rules and regulations of the State Engineer or otherwise.The Subdistrict will take such actions as deems necessary to promote or protect said plans. 9. It is understood and agreed that upon entry of an order granting said Petition,Petitioner shall be obligated under the terms of this Contract.Petitioner may within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection In writing to the Board of Directors of the Subdistrict stalin, in particular why the Contract or bill of assessment is Incorrect.The Board of Directors may review the written objection and with or without hearing act upoi the same and notify Petitioner. ..- 10. Because the proposed augmentation plan will be based on information provided in Paragraphs 2 through 6,Petitioner agrees: a.To continue to use the water rights described in Paragraph 4 in the same manner and to the same extent as described in Paragraph 3 and 5,or b To immediately notify the Board of Directors of the Subdistrict of any changes in the information given in Paragraphs 2 through 6., 11. It is understood and agreed that failure to adhere to Paragraph 10 may result in the immediate termination of this contract by the Board of Directors.If your contract is so terminated you may petition the Board of Directors to be heard on the matter of the termination. 12 It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit from the allotment shall be within the Ground Water Manage ment Subdistrict of the Central Colorado Water Conservancy District. i • 1 j 13. It Is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain Judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,In order to enable Petitioner to operate the well(s)described above In accordance with the rules and regulations of the State Engineer governing well pumping,and the laws of the State of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use its best efforts to obtain an operating plan,or Plan of Augmentation,in order to assist the Petitioner In the continued use of well water and will take such actions as deemed proper by the Board of Directors to promote or protect said plans. 14. Pursuant to Section 37.45-125(2)(f),C.R.S.1973,the annual assessments herein shall become a tax lien upon the lands for which such water Is petitioned and allocated.Upon termination of this Contract any unpaid assessments will remain a lien upon the land. 15. The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,In the alternative,the parties may elect to begin the term immediately upon execution in which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,if timely payment is made,unless notice in writing is given by either party canceling the contract thirty(30)days prior to the end of the calendar year. 16. It is understood and agreed that the replacement water allotment Is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands other�t/han those Q described in Paragraph 2 without the prior specific approval of the Board of Directors of said Subdistrict. /� d(bL Lr.L) `VZ,9I L-4 i!:. .�C��, l,-1 rte! Petitioner // /2,L% '�' Petitioner Petitioner lC ��/// Petitioner The foregoing instrument was acknowledged before me by the above signed this 13 day of December , 1990 . WITNESS my, hand and official seal. Notary Public My Commission Expires: 9-23-93 r Street 3209 West 78th Street CltyGreel ey, stater.0 7ipJ 0631 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, it Is ORDERED that the above petition be granted and Is hereby made a contract and an initial allotment of 62.73 acre-feet of augmentation replacement water be made to the lands therein described upon the terms,and payable in the manner,as In said petition,the initial amount payable being an annual assessment of$ 1 75.46 .Failure to notify the Board of Directors of any material changes may result in the Immediate termination of this ccontract. DONE this �1—V��'i7 / day of L�1/7/ . /996 , GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO TER CONSERVANCY RV DISTRICT By _Y�j Wit- Z-/Z A-1://7i`----"--.. President ti • ' -\ \\1 , `i ).j '. -'i- r =- J.- , N. ;ATTEST: •\- (Seal) / k'StIAIWLI V C,Q,, Secretary i CERTIFICATE OF MAIL I N G I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #Amended USR-127 for Ulrich Farms, Incorporated, c/o Ken Ulrich in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 5th day of February, 1990. ja/ir)74 A TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, March 6, 1990, at 1:30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: Amended USR-127 APPLICANT: Ulrich Farms, Incorporated, c/o Ken Ulrich REQUEST: A Site Specific Development Plan and a Special Review permit for expansion of a livestock confinement operation (3, 500 head to 8,000 head of cattle) in the Agricultural zone district. LEGAL: Part of the NEk of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 9 292 SURROUNDING PROPERTY OWNERS ULRICH FARMS, INCORPORATED KEN ULRICH AMENDED USR-127 Fred & Irma N. Mayer 9434 Weld County Road 34 Platteville, CO 80651 John DiTirro, Jr. 1931 Leona Avenue Fort Lupton, CO 80621 Public Service Company of Colorado P.O. Box 840 Denver, CO 80201-0840 William J. and Madeline E. Mayer 14922 County Road 19 Platteville, CO 80651 Ulrich Farms, Incorporated 14605 Weld County Road 21 Platteville, CO 80651 Walter and Dorothy May Mayer 9704 State Highway 66 Platteville, CO 80651 Pete F. and Mary J. Palombo 13201 East 144th Avenue Brighton, CO 80601 I F G Leasing Company Randy and Glen Mayer 9873 State Highway 66 Platteville, CO 80651 900292 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of the Northeast Quarter, Section 22, T.3N, R.67W, Weld Co. 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. OWNERS: Johnnie and Minnie L. Ulrich Route 2, Box 65 Platteville CO 80651 l Fo e t%4 s fkc LESSEE: Amoco Production Company (See attached Lease. ) ` 5 ` �� r._ ULRICH FARMS C/O KENNETH ULRICH The foregoing instrument was subscribed and sworn to before me this /6 day of ��e...csy-7 , 199O. WITNESS my hand and official seal. My Commission expires: a /5190 Notary Public /_ 8r s 1/ 9CO292 Exhibit E AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the Northeast Quarter, Sec. 22, T.3N, R.67W, Weld Co. 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. (10AA �/� r.� Carrie Jean Burns The foregoing instrument was subscribed and sworn to before me this /67.1 day of , 1990. WITNESS my hand and official seal. fly Commission expires: jai G� 1990 5:z&-ra-e<-(/?:"-)06/ 4-C Notary Public / 3i---6:e5Ati`‘ 9 292 Exhe br' C ES OF OWNERS OF PROPERTY WITHI DO FEET • Please print or type NAME ADDRESS, TOWN/CITY, . ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION A MAYER, FRED & IRMA N. 9434 WELD COUNTY ROAD 34 PLATTEVILLE, CO. 80651 1209 22 00 018 DI TIRRO, JOHN, JR. 1931 LEONA AVE. FORT I MPTOII, CO. 80621 12D9 22 00 019 PUBLIC SERVICE COMPANY OF P.O. BOX 840 COLORADO DENVER, CO. 80201-0840 1209 22 00 021 • MAYER, WILLIAM J. & MADELINE E. 14922 COUNTY ROAD 19 PLATTEVILLE, CO. 80651 1209 22 00 022 ULRICH FARMS, INC. 14605 WELD COUNTY ROAD 21 1209 22 00• 037 PLATTEVILLE, CO. 80651 PLAYER, WALTER & DOROTHY MAY 9704 STATE HIGHWAY 66 PLATTEVILLE, CO. 80651 1209 22 00 042 PALOMBO, PETE F. & MARY J. 13201 E. 144th AVENUE BRIGHTON, CO. 80601 1209 2 00 001 I F G. LEASING CO. C/O 9873 STATE HIGHWAY 66 RANDY & GLEN MAYER PLATTEVILLE, CO. 80651 1209 23 00 019 • 3002 2 Exh i 6 i t D I:-i;r..e.f ;�; �.y}�� ki 7� (I — I L -0$.41,:44) )fa ¢h7i tit< -3.etif�'k •'•y`F�,_ ' u+to? ^�w� � � I , rr 7.fsti: Oy.t- i ', ).., :74� III• 15 � ��; r -1'''''• :1/40-14, • l 1, •} i- Ir tr�:l %X 1.N:'..% :7?;,-,,I,,,..,;=',1.s•r :4 K `�''`j'1t.. .t?R'tr 1is. �r:4rid' i •<≤f,�.7. T.Ci 104;4- - ;,.,.,i':,-;, .„,. ,t 0,;,,...,, .,..., ... i -..._ , :l is 1;4'41,r," .:}, ',a r I Se C1-I0� � .rr' - `; I T•3 N ' 67 w F �r ~ f • ao �,�vir�. '+i t�// Ditch __ r. 4.1.14 1;5.' r // A4 r,ii 'xX��iys tRp. st•. Q '4 O // /.:4 �� t r 'lii ; * fit F. ?,...rr :0.,� 1 \ :5.w art ,, , ilk, t.A o: If c / , 26 4 7 KEY TO MAP NATIONAL FLOOD INSURANCE PROGRAM ./ 500-Year Flood Boundary ��ffffffJJJfffJJJ - J 100 Year Flood Boundary ZONE 8 , Zone Designations• �t� .• • �� i' (7/ \ I FIRM 100 Year Flood Boundary ) ZONE B FLOOD INSURANCE RATE MAP I/ 500 Year Flood Boundary tirta 8 tia If s, . a 1•a,; Base Flood Elevation Line \ With Elevation In Feet** ZONE C WELD rr y Base Flood Elevation In Feet (ELM) �`\ - )" Where Uniform Within Zone'• I COUNTY, Elevation Reference Mark RM7X Ditch • `^\ I River Mlle •Ml 6 COLORADO \ 1 ••Referenced to the National Geodetic Vertical Datum of 1929 UNINCORPORATED AREA 33 •EXPLANATION OF ZONE DESIGNATIONS No Sole ZONE PANEL 855 OF 1075 E%PLANATION A Areas of 100 year flood,base flood elevations and (SEE MAP INDEX FOR PANELS NOT PRINTED' flood hazard factors not determined .. Drreh AO Areas of 100 year shallow flooding where depths are between one(1)and three(3)feet,average depths of Inundation are shown,but no flood hazard factors are determined • o1707)/ i —\, AH Areas of 100 year shallow flooding where depths arc between one(I)and three(3)feet,base flood elevations are shown, but no flood hazard factors are determined Al A30 Areas of 100 year flood,base flood elevations and flood hazard factors determined A99 Areas of 100 yearflood to be protected by flood l protection system under construction; base Rood elevations and flood hazard factors not determined COMMUNITY-PANEL NUMBER \ I 0 Areas between limitsof the IODyeu R Roodood flood and 500 year flood,or certain areas subject to 190 year . 080266 0855 C ing with average depths less than one(I)foot or where the contributing drainage area is less than one square mile,or areas protected by levees from the base flood MAP REVISED: (Medium shading) C Areas of minimal flooding(No shading) SEPTEMBER 28, 1982 0 Areas of undetermined,but possible,flood hazards V Areas of 100-year coastal floodsa with velocity d (ware I 900292 a real base Rood elevations and flood oci factors I not determined VI V30 Areas of 100 year coastal flood with velocity(wave federal emergency management agency action),base flood elevations and flood hazard factors determined J SOIL SURVEY OF WLLD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, in cooperation with the Colorado Agricultural Experiment Station / ' rz • , .,p. R•'F•, ; to /ter, r ?' 4 e� 'e r, 1 u�'e' r 7 a p d n U''z �- ,�� ' ) ''�'..SC r -v._ �'`ll r'�'+r C1 s1 ik4,iH A` L�sy +:1 I (.,,,,,,,,,,,,,,, , ,-,v,4%,„., , ,, !,,,,,,,JJJ ys}� y - t • > .'r sr...: •r„ ,,,, •• 1 IUD>� '• -. , ! .1* I * ; r�a'r 'Kvt� '' AlN ',R" • ,,t:4 '.i .7" . . f� i^ 3''",, �s � s nr" w U-1d .t 14 '' a + 'it":,' � A , a,,1f•: titer illi: `." ''t , •� t o cop P 21 �,'. » «t's i.. ,,, ` 'ACV ;}•4 f i , 69 r 21' ' Itlk - a ,:f* /4' it` LIY 1 • ��•76C,:.l. !��•y".ti' I ,el• 1} P '!; 4 .1 Rt'�� ,a 1. -O hJ:,t i4' ;S.. A+y3k 68 41 � '" 7 SChziSri � 'I+h I ,rt,lry,y •s ,'+, �#G �u jk�` � .' 1ai j]'S. 3:'L`�, .•'uk�i9t� 3 j e R. '•. x4t�'` iY _r ,e-'.3•'ae �*,,ttt ,�` n' t°x`' '. tt - �r-y+,- a, r 21 390 r t`A's Cii�i ;I ' +141 1i�� y� ,-. rxb1 I I 68 i•t .72 • e r 699 41 ,*$J1\' � A • , 10' '�`Qy ..f ;}' , '"44 , Ps -�'E t t , .[, � l..-N{7` f ` a k ' 21 �7 rn (; f 44 41+s Lr_ ,atet t,x "7, I t• �• � ,.;.u: t. 68 pi,,+.'..' ' t 1 • 4 •.! 3 4^ Fes r !. qy 75 o x * s • �tys ,tk r• [� � .99 �� f 7f3D N on �' fit ;' <i, 41 � "yi ;'•+ r ti w -4,1.. t r; 3�Y , 73 fl ,„ • 69 5'e C / 1 4 .. ` s ;,, ��c "�t tie:•:(` .'aj• 4" J3ti *,�,hs �, a" - - "t 72 syx 1 `''1 �' -1•jICS4' .<s_t '. :� y • a'�I J M_ `'ir,'',..,:'4.!" . •� • ,`,• pL 72 r.}� "t', 29 © j 41 .yt' `'aJ'tt,. l �i ', .,�I 'iii • ,,' ,4•,M • 0 ' ? C1 � 't` � ' �f F ( � !'� 1 �; 21 �y . • 48 c ( ( 2 . '� b -= t.l'a` w` + ,,-. ., , ', ,,-;;;• .... , i . _ ,. . , ,,) l: f 72 5` ri. , ' . 18.0'°'^ ?? „ it � 1. 21 :),',:*'''P'1,"04,,*.:,�, t t'' i$ o ..�,, • ( 7a • I •, • �:, e&,,1,1,:.04,"°1 f " `ir I I 10 „ 75 ' 40 0� f' .jj t /r • ,+ 3 51 68 y';. 1 4 70 172 bw""` b It/ 27 3 r ;k��''tN`r 69 2 • 6 2 7 5 8 �Y •F- -4. , 4 t ,-'1 '. r 1ST 1 ...» ..,. P 7 - 14 • •,';‘-...:, .`,/ 4 „n. 4. ,, A 69 ' . ;- ` ' WHEELER 35 t - 3 „,, 4- ? '� t' .72 10 f ' y ,LAKE 't.IP. LAKEWHEELER 76 )- �,r;i , a ° i.' 'I .t D� 35 •�� ' 53' Y `$'ae jl ,5,j .,1 I f: 6,,) 9(1(1)2.42 McRAE & SHORT, INC. 1231 8th Avenue Greeley. Colorado 80631 SOIL SURVEY OF WILD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, 1 in cooperation with the Colorado Agricultural Experiment Station 8—Ascalon loam, 0 to 1 percent slopes. This is a deep, - 11—Bresser sandy loam, 0 to 1 percent slopes. This is well drained soil on terraces at elevations of 4,500 to 4,900 a deep, well drained soil on terraces at elevations of 4,700 feet. It formed in alluvium deposited by the major rivers to 4,800 feet. It formed in alluvium deposited by the in the survey area. Included in mapping are small areas South Platte River. Included in mapping are small areas where sand and gravel are within a depth of 60 inches. of soils that have sand and gravelly sand in the lower Also included are small areas of soils that have a clay part of the substratum. loam subsoil. Typically the surface layer is grayish brown sandy loam Typcially the surface layer of this Ascalon soil is brown about 11 inches thick. The subsoil is brown and yellowish loam about 10 inches thick. The subsoil is brown and yel- brown sandy clay loam about 19 inches thick. The sub- lowish brown sandy clay loam about 15 inches thick. The stratum to a depth of 60 inches is loamy sand. substratum to a depth 60 inches is calcareous sandy loam. Permeability and available water capacity are Permeability is moderate. Available water capacity is moderate. The effective rooting depth is 60 inches or high. The effective rooting depth is 60 inches or more. more. Surface runoff is slow, and the erosion hazard is Surface runoff is slow, and the erosion hazard is low. low. This soil is used almost entirely for irrigated crops. It This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- is suited to all crops commonly grown in the area includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 and'onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- sugar beets, small grain, or•beans. Few conservation prac- t tices are needed to maintain top yields. ices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- rigation-is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally Windbreaks and environmental plantings are generally well suited to this soil. Cultivation to control competing suited to this soil. Soil blowing, the principal hazard in vegetation should be continued for as many years as establishing trees and shrubs, can be controlled by cul- possible following planting. Trees that are best suited and tivating only in the tree row and by leaving a strip of have good survival are Rocky Mountain juniper, eastern vegetation between the rows. Supplemental irrigation redcedar, ponderosa pine, Siberian elm, Russian-olive, and may be needed at the time of planting and during dry hackberry. The shrubs best suited are skunkbush sumac, periods. Trees that are best suited and have good survival lilac, Siberian peashrub, and American plum. are Rocky Mountain juniper, eastern redcedar, ponderosa Wildlife is an important secondary use of this soil. The pine, Siberian elm, Russian-olive, and hackberry. The cropland areas provide favorable habitat for ring-necked shrubs best suited are skunkbush sumac, lilac, and Siberi- pheasant and mourning dove. Many nongame species can an peashrub. be attracted by establishing areas for nesting and escape Wildlife is an important secondary use of this soil. • cover. For pheasants, undisturbed nesting cover is essen= Ring-necked pheasant, mourning dove, and many non- tial and should be included in plans for habitat develop- game species can be attracted by establishing areas for ment, especially in areas of intensive agriculture. a nesting and escape cover. For pheasants, undisturbed This soil has good potential for urban and recreational nesting cover is essential and should be included in plans development. Increased population growth in the survey for habitat development, especially in areas of intensive area has resulted in increased homesite construction. The agriculture. chief limiting soil features for urban development are the This soil has good potential for urban and recreational shrink-swell potential of the subsoil as it wets and dries development. Lawns, shrubs, and trees Brow well. The and the limited ability of this soil to support a load. Septic only limiting features are the rapid permeability in the tank absorption fields function properly, but community con- tamination from sewage -lagoons. Capability class I substratum and the resulting hazard of ground water ir- sewage systems should be provided if the population den- rigated. sity increases. Because of the moderately rapid permea- - - -- bility of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability class I ir- rigated. - 900292 29—Julesburg sandy loam, 0 to 1 percent slopes. This 30—Julesburg sandy loam, 1 to 3 percent slopes. This is a deep, well drained soil on terraces at elevations of is a deep, well drained soil on terraces at elevations of 4,700 to 4,800 feet. It formed in alluvium deposited by the 4,700 to 4,800 feet. It formed in alluvium deposited by the South Platte River. Included in mapping are some leveled South Platte River. Included in mapping are some leveled areas and small areas of soils that have a loamy sub- areas and small areas of soils that have a loamy sub- stratum. stratum. Typically the surface layer of this Julesburg soil is Typically the surface layer of this Julesburg soil is brown sandy loam about 12 inches thick. The subsoil is brown sandy loam about 12 inches thick. The subsoil is brown and pale brown sandy loam about 18 inches thick. brown and pale brown sandy loam about 15 inches thick. The substratum to a depth of 60 inches is loamy sand and The substratum to a depth of 60 inches is loamy sand and sand. sand. Permeability is rapid. Available water capacity is Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is more. Surface runoff is slow, and the erosion hazard is low. low. This soil is used almost entirely for irrigated crops. It This soil is used almost entirely for irrigated crops. It is suited to all crops commmonly grown in the area, in- is suited to all crops commonly grown in the area, includ- cluding corn, sugar beets, beans, alfalfa, small grain, ing corn, sugar beets, beans, alfalfa, small grain, potatoes, potatoes, and onions. An example of a suitable cropping and onions. An example of a suitable cropping system is 3 system is 3 to 4 years of alfalfa followed by corn, corn for to 4 years of alfalfa followed by corn, corn for silage, silage, sugar beets, small grain, or beans. Generally, such sugar beets, small grain, or beans. Land leveling, ditch characteristics as the rapidly permeable substratum lining, and installing pipelines may be needed for proper slightly restrict some crops. water application. All methods of irrigation are suitable, but furrow ir- All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water rigation is the most common. Barnyard manure and com- management is essential. Barnyard manure and commer- mercial fertilizer are needed for top yields. cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry may by 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 periods. Trees that are best suited and have good survival pine, Siberian elm, Russian-olive, and hackberry. The are Rocky Mountain juniper, eastern redcedar, ponderosa shrubs best suited are skunkbush sumac, lilac, and Siberi- pine, Siberian elm, Russian-olive, and hackberry. The an peashrub. shrubs best suited are skunkbush sumac, lilac, and Siberi- Wildlife is an important secondary use of this soil. The an peashrub. cropland areas provide favorable habitat for ring-necked Wildlife is an important secondary use of this soil. The pheasant and mourning dove. Many nongame species can cropland areas provide favorable habitat for ring-necked be attracted by establishing areas for nesting and escape pheasant and mourning dove. Many nongame species can cover. For pheasants, undisturbed nesting cover is essen- be attracted by establishing areas for nesting and escape tial and should be included in plans for habitat develop- cover. For pheasants, undisturbed nesting cover is essen- ment, especially in areas of intensive agriculture. tial and should be included in plans for habitat develop- This soil has good potential for urban and recreational ment, especially in areas of intensive agriculture. development. Lawns, shrubs, and trees grow well. The This soil has good potential for urban and recreational only limiting feature of this soil is the rapid permeability development. Lawns, shrubs, and trees grow well. The in the substratum, which causes a hazard of ground water only limiting feature of this soil is the rapid permeability contamination from sewage lagoons. Capability subclass in the substratum, which causes a hazard of ground water Ile irrigated. contamination from sewage lagoons. Capability subclass IIs irrigated. 900292 14—Olney loamy sand, 1 to 3 percent slopes. This is a Wildlife is an important secondary use of this soil. The deep, well drained soil on smooth plains at elevations of cropland areas provide favorable habitat for ring-necked 4,600 to 5,200 feet. It formed in mixed outwash deposits. pheasant and mourning dove. Many nongame species can Included in mapping are some small leveled areas. be attracted by establishing areas for nesting and escape Typically the surface layer is grayish brown loamy sand cover. For pheasants, undisturbed nesting cover is essen- about 9 inches thick. The subsoil is yellowish brown and tial and should be included in plans for habitat develop- very pale brown sandy clay loam about 15 inches thick. ment, especially in areas of intensive agriculture..Range- The substratum to a depth of 60 inches is very pale land wildlife, for example, the pronghorn antelope, can be brown, calcareous fine sandy loam. attracted by developing livestock watering facilities, Permeability and available water capacity are managing livestock grazing and reseeding where needed. moderate. The effective rooting depth is 60 inches or This soil has good potential for urban development. The more. Surface runoff is slow, and the erosion hazard is only limiting feature is the moderately rapid permeability low. in the substratum, which causes a hazard of ground water In irrigated areas this soil is suited to the crops corn- contamination from sewage lagoons. The loamy sand sur- monly grown in the area. Perennial grasses and alfalfa or face layer is a limitation for recreational development. close grown crops should be grown at least 50 percent of Once established, the lawns, shrubs, and trees grow well. the time. Contour ditches and corrugations can be used in Capability subclass IIIe irrigated, IVe nonirrigated; irrigating crops and pasture. Furrows, contour furrows, Sandy Plains range site. and cross slope furrows are suitable for row crops. Sprin- kler irrigation is also desirable. Keeping tillage to a 69—Valent sand, 0 to 3 percent slopes. This is a deep, minimum and utilizing crop residue help to control ero- excessively drained soil on plains at elevations of 4,650 to sion. Maintaining fertility is important. Crops respond to 5,100 feet. It formed in eolian deposits. Included in applications of phosphorus and nitrogen. mapping are small areas of soils that have lime within a In nonirrigated areas this soil is suited to winter wheat, depth of 40 inches. barley, and sorghum. Most of the the acreage is planted Typically the surface layer is brown sand about 8 to winter wheat. The predicted average yield is 20 inches thick. The underlying material to a depth of 60 bushels per acre. The soil is usually summer fallowed in inches is brown sand. alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Permeability is rapid. Available water capacity is Stubble mulch farming, striperopping, and minimum til moderate. The effective rooting depth is 60 inches or lage are needed to control soil blowing and water erosion. more. Surface runoff is slow, and the erosion hazard is Terracing also may be needed to control water erosion. low. The potential native vegetation on this range site is This soil is suited to limited cropping. Intensive dominated by hand bluestem, sand reedgrass, and blue cropping is hazardous because of erosion. The cropping grama. Needleandthread, switchgrass, sideoats grama, system should be limited to such close grown crops as al- and western wheatgrass are also prominent. Potential falfa, wheat, and barley. The soil also is suited to ir- production ranges from 2,200 pounds per acre in favors- rigated pasture. A suitable cropping system is 3 to 4 ble years to 1,800 pounds in unfavorable years. As range years of alfalfa followed by 2 years of corn and small condition deteriorates, the sand bluestem, sand reedgrass, grain and alfalfa seeded with a nurse crop. and switchgrass decrease and blue grama, sand dropseed, Closely spaced contour ditches or sprinkers can be used and sand sage increase. Annual weeds and grasses invade in irrigating close grown crops. Contour furrows or sprin the site as range condition becomes poorer. klers should be used for new crops. Applications of bar- Management of vegetation on this soil should be based nyard manure and commercial fertilizer help to maintain on taking half and leaving half of the total annual produc- good production. tion. Seeding is desirable if the range is in poor condition. The potential vegetation is dominated by sand Sand bluestem, sand reedgrass, switchgrass, sideoats bluestem, sand reedgrass, switchgrass, sideoats grama, grama, blue grama, pubescent wheatgrass, and crested needleandthread, little bluestem, and blue grama. Poten wheatgrass are suitable for seeding. The grass selected tial production ranges from 2,500 pounds per acre in should meet the seasonal requirements of livestock. It can favorable years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, be seeded into a clean, firm sorghum stubble, or it can be switchgrass, sand reedgrass, sideoats grama, and little drilled into a firm prepared seedbed. Seeding early in bluestem decrease, forage production drops, and sand spring has proven most successful. sage increases. Undesirable weeds and annuals invade Windbreaks and environmental plantings are generally and "blowout" conditions can occur as range condition suited to this soil. Soil blowing, the principal hazard in becomes poorer. establishing trees and shrubs, can be controlled by cul- Management of vegetation on this soil should be based tivating only in the tree row and by leaving a strip of on taking half and leaving half of the total annual produc- vegetation between the rows. Supplemental irrigation tion. Seeding is desirable if the range is in poor condition. may be needed at the time of planting and during dry Sand bluestem, sand reedgrass, indiangrass, switchgrass, periods. Trees that are best suited and have good survival sideoats grama, little bluestem, and blue grama are suita- are Rocky Mountain juniper, eastern redcedar, ponderosa ble for seeding. Because this soil is susceptible to soil pine, Siberian elm, Russian-olive, and hackberry. The blowing, it should be seeded using an interseeder, or the shrubs best suited are skunkbush sumac, lilac, and Siberi- seed should be drilled into a firm, clean sorghum stubble. an peashrub. Seeding early in spring has proven most successful. Brush - 900292 management also can help in improving deteriorated Stubble mulch farming, striperopping, and minimum til- range. lage are needed'to control soil blowing and water erosion. Windbreaks and environmental plantings are fairly well Terracing also may be needed to control water erosion. suited to this soil. Blowing sand and the moderate availa- The potential native vegetation on this range site is ble water capacity are the principal hazards in establish- dominated by sand bluestem, sand reedgrass, and blue ing trees and shrubs. The soil is so loose that trees should grama. Needleandthread, switchgrass, sideoats grama, be planted in shallow furrows, maintaining vegetation and western wheatgrass are also prominent. Potential between the rows. Supplemental irrigation is needed to production ranges from 2,200 pounds per acre in favora- insure survival. Trees that are best suited and have good ble years to 1,800 pounds in unfavorable years. As range survival are Rocky Mountain juniper, eastern redcedar, condition deteriorates, the sand bluestem, sand reedgrass, ponderosa pine, and Siberian elm. The shrubs best suited and switchgrass decrease and blue grama, sand dropseed, are skunkbush sumac, lilac, and Siberian peashrub. and sand sage increase. Annual weeds and grasses invade Wildlife is an important secondary use of this soil. The the site as range condition becomes poorer. cropland areas,provide favorable habitat for ring-necked Management of vegetation on this soil should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual produc- be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition. cover. For pheasants, undisturbed nesting cover is essen- Sand bluestem, sand reedgrass, switchgrass, sideoats tial and should be included in plans for habitat develop- grama, blue grama, pubescent wheatgrass, and crested ment, especially in areas of intensive agriculture. Range- wheatgrass are suitable for seeding. The grass selected land wildlife, for example, the pronghorn antelope, can be should meet the seasonal requirements of livestock. It attracted by developing livestock watering facilities, should be drilled into a clean, firm sorghum stubble or a managing livestock grazing, and reseeding where needed. prepared seedbed. Seeding early in spring has proven This soil has fair potential for urban development. The most successful. primary limiting soil features are the rapid permeability Windbreaks and environmental plantings are fairly well and the susceptibility to soil blowing. Septic tank absorp- suited to this soil. Blowing sand and low available water tion fields function properly, but in places the sandy sub- capacity are the principal hazards in establishing trees stratum_does not properly filter the leachate. Sewage and shrubs. The soil is so loose that trees should be lagoons must be sealed. Once established, the lawns, planted in shallow furrows and vegetation maintained shrubs, and trees grow well. Capability subclass IVe ir- between the rows. Supplemental irrigation is needed to rigated, Vie nonirrigated; Deep Sand range site. insure survival. Trees that are best suited and have good survival are Rocky'Mountain juniper, eastern redcedar, 72—Vona loamy sand, 0 to 3 percent slopes. This is a ponderosa pine, and Siberian elm. The shrubs best suited are skunkbush sumac, lilac, and Siberian peashrub./ deep, somewhat excessively drained soil on plains and Wildlife is an important secondary use of this soil. The high terraces at elevations of 4,600 to 5,200 feet. It cropland areas provide favorable habitat for ring-necked formed in eolian or alluvial deposits. Included in mapping pheasant and mourning dove. Many nongame species can are some leveled areas. Also included are small areas of be attracted by establishing areas for nesting and escape soils that have a loamy substratum and some areas of cover. For pheasants, undisturbed nesting cover is essen- soils that are noncalcareous to a depth of 60 inches. tial and should be included in plans for habitat develop- Typically the surface layer of this Vona soil is grayish ment, especially in areas of intensive agriculture. Range- brown. The upper 6 inches is loamy sand and the lower 6 land wildlife, for example, the pronghorn antelope, can be inches is fine sandy loam. The subsoil is brown and light attracted by developing livestock watering facilities, yellowish brown fine sandy loam about 16 inches thick. managing livestock grazing, and reseeding where needed. The substratum to a depth of 60 inches is sandy loam. This soil has good potential for urban and recreational Permeability is moderately rapid. Available water development. Once established, the lawns, shrubs, and capacity is moderate. The effective rooting depth is 60 trees grow well. The chief limiting soil feature is the inches or more. Surface runoff is slow, and the erosion rapid permeability in the substratum, which causes a hazard is low. hazard of ground water contamination from sewage In irrigated areas this soil is suited to the crops corn- lagoons. In places recreational development is limited by monly grown in the area. Perennial grasses and alfalfa or the susceptibility to soil blowing. Capability subclass IIIe close grown crops should be grown at least 50 percent of irrigated, IVe nonirrigated; Sandy Plains range site. the time. Contour ditches and corrugations can be used in irrigating close grown crops and pasture. Furrows, con- tour furrows, and cross slope furrows are suitable for row crops. 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, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 20 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. 900292 �ry of .JAN 25 19Th CY BcDFC Recorded efaCt, rim• + ..68$ 9,606082 Producers 88(272)5.63—.Colorado • S�''N°Ann Spomor,RxordeI OIL, GAS AND MINERAL LEASE =2- THIS AGREEMENT made this --..-.-.....1 0th.......... ....day of -.January . 1973...,between 4 Johnnie Ulrich and wife Minnie L. Ulrich Route 2, Box 35............ .. Platteville.,,. Colorado,- 80651 , IS Lessor (whether one or more),and..... ......0 ProductionCompany Lessee.WITNESSETH: (\j 1. Lessor in consideration of „- --Ten and More-- Dollars ..-......ore -.- . . - -. • W fe 1 u.uu & More ) in hand paid.of the royalties herein provided, and of the agreement of Lessee herein contained,hereby grants,leases and lets 1J exclusively unto I. siee for the purpose of investigating, exploring. prospecting,drilling and mining for and producing oil,gas.other hydrocarbons and. ".0 without restriction to such enumerated minerals, all other minerals whether similar or dissimilar to those particularly specified herein. laying pipe lines. building tanks, power stations. telephone lines and other structures thereon to produce.save,take care of.treat, transport and own said products, and `D grousing its employees, the following described land in. _. WP]d.. .County,Colorado.to-wit: 0I enI Northeast Quarter (NE•}-), Except the West 150' thereof Hr r- 0 a ;r of Section . 22. . . .Township - 3. North...-.. _ Range...67 West , . . . . .. • V1 In addition to the land above described. Lessor hereby grants, leases and lets exclusively unto Lessee to the same extent as If specifically described herein all lands owned or claimed by Lessor which are adjacent, contiguous to or form a part of the lands above particularly described, in f'" eluding all oil,gas,other hydrocarbons a,ad all other minerals underlying lakes, rivers, streams, roads, easements and rj z-of- hich traverse o adjoin any of said lands.For rental payment purposes, the land included within this lease shall be deemed to contain..' 1b1". ... acre. whether it actually comprises more or less. Three n 2. Subject to the other provisions herein contained, this lease shall be for a term of)0 years from this date (called"primary term") and as lo % vim thereafter as oil, gas, other hydrocarbons, or other mineral is produced from said land hereunder, or drilling or reworking operations are conducts thereon. 3. The royalties to be paid by Lessee are: (a) on oil,one-eighth of that produced and saved from said land, the same to be delivered at the wells.or to the credit of Lessor into the pipe line to which the wells may be connected: Lessee may from time to time purchase any royalty oil in Its possession,paying the market price therefor prevailing for the field where produced on the date of purchase; (b) on gas, including casinghead gas or other hydrocarbon substance, produced from said land and sold or used off the premises or In the manufacture of gasoline or other products therefrom. the market value at the well of one-eighth of the gas so sold or used,provided that on gas sold at the wells the royalty shall be one-eighth of the amount realized from such sale; (c) on all other minerals mined and marketed,one-tenth either in kind or value at the well or mine.at Lessee's election,except that on sulfur the royalty shall be fifty cents (50C) per long ton.Lessee shall have free use of oil, gas, coal, wood and water from said land. except water from Lessor's wells, for all operations hereunder, and the royalty on oil and gas shall be computed after deducting any so used. If a well capable of producing gas in paying quantities Is completed on the above described land and is shut in. this lease shall continue in effect for a period of one year from the date such well is shut In. Lessee or any assignee may thereafter. In the manner provided herein for the payment or tender of delay rentals,pay or tender to Lessor as royalty,on or before one year from the date such well is shut in,the sum of$100.00 per well,and, if such payment or tender is made, this lease shall continue In effect for a further period of one year.In like manner and upon like payments or tenders annually,mode on or before each anniversary of the shut-in date of such well, this lease shall continue in effect for successive periods of twelve (12) months each. 4. If operations for drilling are not commenced on said land as hereinafter provided,on or before one year from this date, the lease shall then terminate as to both parties,unless on or before such anniversary date Lessee shall pay or tender to Lessor or to the credit of Lessor In si The Greeley National Bank of Greeley, Colorado . - (which bank and its successors are Lessor's agent ✓y and shall continue as the depository for all rentals payable h--sunder regardless of changes In ownership of said land or the rentals either by conveyance U. OrtE..Nundl-ed F:.f +- 0 t :,940-1-00.- or by the death or Incapacity of Lessor) the sum of. -r,f (te• ) (1 '�-+• - ... Dolls (S )00010 151.90), (herein called rental), which shall cover the privilege of deferring commencement of operations for drilling for a period o twelve (12) months.In like manner and upon like payments or tenders annually the commencement of operations for drilling may be further deterred for success::periods of twelve (12) months each during the primary term.The payment or tender of rental herein referred to may be made in currency.— .. , draft or check at the option of the Lessee, and the depositing of such currency,draft or check in any post office,properly addressed to the Lessor,or said bank,on or before the rental paying date,shall be deemed payment as herein provided. If such bank (or any successor bank) should fall, liquidate or be succeeded by another bank,or for any reason fall or refuse to accept rental.Lessee shall not be held In default for failure to make such payment or tender of rental until thirty (30) da•.s,after Lessor shall deliver to Lessee a proper recordable instrument, naming another bank as agent to receive such pay- ments or tenders The down cash payment is consideration for this lease according to its terms and shall not be allocated as mere rental for a period. Lessee may at ally time execute and deliver to Lessor or to the depository above named or place of record a release or releases covering any portion or portions of the above described premises and thereby surrender thi., lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered,and thereafter the rentals payable hereunder shall be reduced In the proportion that the acreage covered hereby is reduced by said release or releases. If Lessee shall, on or before any rental date, make a bona fide attempt to pay or deposit rental to a Lessor entitled thereto under thls lease according to Less-e's records or to a Lessor who,prior to such attempted payment or deposit, has given Lessee notice, In accordance with the terms of this lease hereinafter set forth, of his right to receive rental,and If such payment or deposit shall be erroneous In any regard (whether deposited in the wrong depositorryy paid to persons other than the parties entitled thereto as shown by Lessee's records. In an incorrect amount, or otherwise). Lessee shall be unconditionally obligated to pay to such Lessor the rental properly payable for the rental period involved,but this lease shall be maintained In the same manner as If such erroneous rental payment or deposit had been properly made,provided that the erroneous rental payment or deposit be cor- rected within 30 days after receipt by Lessee of written notice from such Lessor of such error accompanied by any documents and other evidence neces- sary to enable Lessee to make proper payment. 5. Should any well drilled on the above described land during the primary term before production Is obtained be a dry hole,or should production be obtained during the primary term and thereafter cease. then and in either event if operations for drilling an additional well are not commenced or operations for reworking an old well are not pursued on said land on or before the first rental paying date next succeeding the cessation of production or drilling or reworking on said well or wells, then this lease shall terminate unless Lessee,on or before said'date,shall resume the payment of rentals. Upon resumption of the payment of rentals. Section 4 governing the payment of rentals.shall continue in force just as though there had been no inter- ruption in the rental payments. If during the last year of the primary term and prior to the discovery of oil, gas. or other hydrocarbons on said land Lessee should drill a dry hole thereon, or if after discovery of oil, gas, or other hydrocarbons before or during the last year of the primary term the production thereof should cease during the last year of said term from any cause, no rental payment or operations are necessary In order to keep the lease in force during the remainder of the primary term If. at the expiration of the primary term, Lessee Is conducting operations for drilling a new well or reworking an old well, this lease nevertheless shall continue in force as long as such drilling or reworking operations continue, or if. after the expiration of the primary tern, production on this lease shall cease- this lease nevertheless shall continue in force If drilling or reworking operations are commenced within sixty IGO) days after such cessation of production, If production is restored or additional production is discovered as a result of any such drilling or reworking operations, conducted without cessation of more than sixty 160) days. this lease shall continue as long thereafter as oil. gas,other hydrocarbons or other mineral is produced and as long as additional drilling or reworking operations are had without cessation of such drill- ing or reworking operations for more titan sixty (60) consecutive days. G. Lessee,at its option,Is hereby given the right and power to pool or combine the land covered by this lease. or any portion thereof, as to oil and gas,or either of(Item, with any other land, lease or leases when in Lessee's judgment it is necessary or advisable to do so In order to properly develop and operate said premises,such pooling to be Into a well unit or units not exceeding forty (40) acres. plus an acreage tolerance of ten per cent 110•,•) of forty 1401 acres,for oil,and not exceeding six hundred and forty (640) acres, plus an acreage tolerance of ten per cent (10•,I of six hundred and forty (640I acres,for gas.except that larger units may be created to conform to any spacing or well unit pattern that may be prescribed by govern- mental authorities having jurisdiction Lessee may pool or combine acreage covered by this lease.or any portion thereof,as above provided.as to oil or gas in any one or more strata.and units so formed need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units.The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other units Lessee shall execute in writing and place of record an instrument or instru- ments identifying and describing the pooled acreage.The entire acreage so pooled into a unit shall be treated for all purposes, except the payment of royalties.as if it were Included its this(case.and drilling or reworking operations thereon or production of oil or gas therefrom,or the completion thereon of a well as a shut-in gas well.shall be considered for all purposes, except the payment of royalties. as If such operations were on or such production were(coin or such completion were on the land covered by this lease. whhether or not the well or wells be located on the premises covered by this lease. In lieu of the royalties elsewhere herein specified, Lessor shall receive from a unit so formed. only such portion of the royalty stipulated herein as the amount of his acreage placed in the unit or his royalty interest therein bears to the total acreage so pooled in the particular unit involved.Should any unit as originally created hereunder contain less than the maximum number of acres hereinabove specified,then Lessee may at any time thereafter,whether be- fore or after production Is obtained on the unit, enlarge such unit by adding additional acreage thereto, but the enlarged unit shall in no event exceed the acreage content hereinabove specified In the event an existing unit is so enlarged.Lessee shall execute and place of record a supplemental declara- tion of unitization Identifying and describing the land added to the existing unit, provided, that if such supplemental declaration of unitization is not filed until after production is obtained on the unit as er)ginaily created. then and in such event the supplemental declaration of unitization shall not become effective until the first day of the calendar month nest following the filing thereof In the absence of production Lessee may terminate any unitized area by filing of record notice of termination 7 Lessee also shall have the right to unitize,pool,or combine all or any part of the above described lands with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time. with like approval. to modify,change or terminate any such plan or agreement and.In such event. the terms.conditions,and provisions of this lease shall be deemed modified to conform to the terms. conditions. and provisions of such approved cooperative or unit plan of development or operation and. par- ticularly, all drilling and development requirements of Ills lease, express or implied.shalt be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during the life of such plan or agreement in the event that said above described lands or any part thereof. shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan.then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor. be regarded as haying been produced from the particular tract of land to which it is allocated and not to any other tract of land, and the royalty payments to be made hereunder to Lessor shall tie based upon production only as so allocated Lessor shall formally express Lessor's consent to any cooperative or unit plain of development or operation adopted by lessee and approved by any governmental agency by executing the same spas request at Lessee 8 Lessee shall have the right at any time without Lessor's consent to surrender all or any portion of the leased premises and be relieved of all obligation as to the acreage surrendered. Lessee shall have the right at any time during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land. including the right to draw and remove all casing When required by Lessor. Lessee will bury all pipe lines below ordinary -low depth,and no well shall be drilled within two hundred (2001 feet of any residence or barn now on said land without Lessor's consent The Lessee agrees to promptly pay to the owner thereof any damages to crops, or improvements, caused by or resulting from any operations of Lessee L D731 - tr, I a 5— 'BO°K 684 1606082 e.2-a 9.Trui rights of either party hereunder may be assigned. in whole or In part,and the provisions hereof shall extend to the heirs.successors and assigns of the parties hereto,but no change or division in ownership of the land.rentals,or royalties,however accomplished.shall operate to enlarge the obligations or diminish the rights of Lessee.No change in the ownership of the land,or any Interest therein,shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded instruments.all court proceedings and all other necessary evidence of any transfer,iinpheritance.or sale tof said he several leaseholdnowne of se assignment of ratably according is lease as to a to the surface area of each and of in rental payment rentals payable one shallunder not affecctt be the rights of other lease- holdortionable owners hereunder.In case Lessee assigns this lease,in whole or In part.Lessee shall be relieved of all obligations with respect to the assigned por- tion or portions arising subsequent to the date of assignment. In All express or Implied covenants of this lease shall be subject to all Federal and State Laws. Executive Orders.Rules or Regulations, and this lease shall not be terminated,In whole or In part,nor Lessee held liable in damages.for failure to comply therewith.If compliance is prevented by,or if such failure is the result of,any such Law.Order,Rule or Regulation,or If prevented by an act of God,of the public enemy.labor disputes.Inability to obtain material, failure of transportation, or other cause beyond the control of Lessee. It,during the term of this lease.oil or gas or other hydrocarbons or other mineral Is discovered upon the leased premises.but Lessee is prevented from producing the same by reason of any of the causes set out In this Section,this lease shall nevertheless be considered as producing and shall continue in full force and effect until Lessee is permitted to produce the oil,gas,other hydrocarbons.or other mineral and as long thereafter as such production continues In paying quantities or drilling or reworking operations are continued as elsewhere herein provided. 11.Lessor hereby warrants and agrees to defend the title to said land and agrees that Lessee at Its option may discharge any tax, mortgage t. other lien upon said land,either In whole or in part,and in event Lessee does so.It shall be subrogated to such lien with the right to enforce same and apply rentals and royaltis accruing hereunder toward satisfying same. without impai meat of Lessee's rights under the warranty In event of failure of title,it is agreed that if Leaaor owns an interest in said land less than the entire ice simple estate.then tFie royalties and rentals to be paid Lessor shall be reduced proportionately. All of the provisions of this teams shall inure to the benefit of and be binding upon the parties hereto. their heirs, administrators. successors and assigns. This agreement shall be binding on each of the above named parties who sign the same, regardless of whether It is signed by any of the other parties. IN WITNESS WHEREOF,this instrument is executed on the date first above 75itten. 4 WITNESSES: .... .l.-re"f.. !u? 4,111..e71-1•-t.., ......... ._............._... .. a nnie Ulrich _.._....._.................. _. t.c tr. ...__ _ _...._.._.................. ....... _.Mi nie L. Ulrich STATE OF COLORADO, weld } Ss. Colorado Acknowledgment County of Theforegoing instrument was acknowledged before me this............................_.L� __....__._......_.._.._.................._........._............day of January„_.,•__,W AD., 19_73.. by Johnnie Ulrich and Minnie L Ulrich��. • ,0,•,1......11f/1 Wih1%11118 ihand an. Trf ial feat: . My colaitiitsthnfexp.tt......-. fission expires Jan.7. 1977• y� /�� . U 0=t l �,• s: _ Notary Public. A-.•:',1,,.. ,• • mfr;S :1,:i .P,::r•Li:....•'�••t 1,.:4 STATE OF COLORADO, l • } SS. Colorado Acknowledgment County of 11) The foregoing instrument was acknowledged before me this_....._.........._..---..._.._____........._._.._..._............_ ... -- day of ......_._........_....__. ......................._ _..... A.D., 19..._....... by..._......_____..... • Witness my hand and official seal: i My commission expires Notary Public. o - -E ' : i W o o t i= i • Q i a 3 P *Ti lv I a W „ E• S y o a m r—� v t. >v i a S G u =_ i oei a� 1i1 i ' , i ? _ CD I I I 4"� .,., • 4 O o. 4,: r. fir\' as ° ' 4 CD 0rt Z .$ �I M v o l" � � G�2i � ' V� z ti 1 w i •o I; ,Q ay . .1i a g C • Q ,h �L Iii do a0:1• •O`a` i . J t ii 1 !• - • ' i MAILED COPY OF NOTICE FIRST CLASS — 3/14/90 ;' _ _ _ b• o a � � � QQQU v _ a3� 0 CO C!: 1 x ~ N v 1 I CT1 H CT7 t—rri r z rTi r7 J, • O > co iy O • • • • • 90G292 NE 9 EXHIBIT INVENTORY CONTROL SHEET Case dr o ld g5/?-- LUJI.GCt, „14A/IZ�1, J, Exhibit Submitted By Exhibit Description A. l.�X�/1�/,w ,�,z1a.,C1m1[.(.dGc Ag414:titl, 1,t2h241 &mimedlie B. n',_- C. P6ULA ( I� .�GJ�LLl1/CJ \/ D. C&1Lk &aAdl ?dO/111_ /04/t aa/6/0A-117)74 ' 0 0 E. /A. � 7 1 )dadi2-6r2t F. G. H. I. J. K. L. M. N. 0. 900292 r INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant Ulrich Farms, Inc. , c/o Ken Ulrich Case Number Amended USR-127 Submitted or Prepared Prior to Hearing At Hearing 1. Application 17 Pages X 2. One Application plat, one page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. February 28, 1990, referral from Division of X Water Resources 12. February 26, 1990, referral from Platteville X Fire District 13. February 26, 1990, referral from Oil and Gas X Conservation Commission 14. March 2, 1990, referral from Panhandle Eastern X Pipe Line Company 15. February 8, 1990, referral from Weld County X Engineering 16. February 8, 1990, referral from Weld County X Health Department 17. February 18, 1990, field check from Judy X Yamaguchi 18. February 20, 1990, referral from Platte Valley X Soil Conservation District 19. February 22, 1990, referral from Gene Inloes, X Weld County Extension Agent 20. February 26, 1990, referral from Lupton Meadows X Ditch Company 21. February 20, 1990, referral from Platteville X Planning Commission I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on March 8, 1990. PC)./Qita.�l.� .� C nt Planner 900292 Fk1lI '� ; ft Ulrich Farms, Inc. Amended USR-127 Page 2 STATE OF COLORADO ) COUNTY OF WELD ) BSUBSPLIVD AND SWORN TO BEFORE ME THIS day of rn ,," 19,116 . �WARyv°.. ,. (Q' NOTM PUBLIC nn� My Co�'ission Expires My Coa aesairrian Expiros Fob. 13, 1993 900292 r BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION Ant} RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY-COMMISSIONERS I v Moved by Bud Halldorson 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: Amended USR-127 NAME: Ulrich Farms, Inc. , c/o Ken Ulrich ADDRESS: 14605 Weld County Road 21, Platteville, CO 80651 REQUEST: An amended Special Review permit and a Site Specific Development Plan to expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural zone district. LEGAL DESCRIPTION: Part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21. 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 County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area goals and policies. The comprehensive plan encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local municipality or land-use decision making body. The Town of Platteville Planning Commission recommended approval of this request at its February 20 meeting. - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include agricultural production and associated residences, oil and gas production, and an electric transmission line. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. No objections have been received from surrounding property owners. 900292 Amended USR-127 Ulrich Farms, Inc. Page 2 - No overlay districts affect the site. - 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to expansion of the facility: (a) the applicant shall provide evidence to the Department of Planning Services that the Weld County Health Department has determined the operation to be in compliance with the Colorado Guidelines for Feedlot Runoff Containment. (b) all existing septic systems shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required ISDS Evaluation is performed. (c) a Recorded Exemption application shall be submitted to the Department of Planning Services and approved by the Board of County Commissioners to correct the subdivision violation on the property. (d) the applicant shall submit a signed copy of an augmentation contract with Central Colorado Water Conservancy District. 900292 Amended USR-127 Ulrich Farms, Inc. Page 3 (e) a totalizing flow meter shall be installed on each permitted livestock well. (f) the applicant shall submit evidence that an agreement has been reached with Public Service Company regarding use of Public Service Company property for the runoff pond area. (g) the applicant shall enter into a road maintenance agreement to be approved by the Board of County Commissioners. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage LeAnn Reid Ann Garrison Bud Clemons Bud Halldorson Jerry Kiefer 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 March 6, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th of March, 1990. Bobbie Good Secretary 900292 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ULRICH FARMS, INCORPORATED, C/O KEN ULRICH AMENDED USR-127 1. The Site Specific Development Plan and Special Review permit is for a livestock confinement operation (8,000 head of cattle) in the 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. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. 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 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. The runoff from the manure storage site shall be directed into the runoff pond area. 4. The facility shall be operated in compliance with the Colorado Guidelines for Feedlot Runoff Containment. 5. Runoff retention and containment facilities shall be designed by a registered professional engineer, reviewed and approved by the Weld County Health Department, and constructed in compliance with state statutes. 6. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. An air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted within the special review permit area. 9. Fugitive dust shall be controlled on the site. 10. A report of annual diversion shall be submitted to the Water Commissioner for Water District #2 during November of each year. 9G0292 Amended USR-127 Ulrich Farms, Inc. Page 2 11. The permitted irrigation wells on the property shall not be used for the livestock. 12. The facility shall be operated in compliance with Section 47 of the Weld County Zoning Ordinance. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 960292 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 6, 1990 A regular meeting of the Weld County Planning Commission was held on March 6, 1990, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ernie Ross, at 1:33 p.m. Tape 369 - Side 1 Bud Halldorson Present Ann Garrison Present Jerry Burnett Absent LeAnn Reid Present Rick Iverson Absent Judy Yamaguchi Absent Bud Clemons Present Jerry Kiefer Present Ernie Ross Absent A quorum was present. Also present: Lanell Curry, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on February 6, 1990, was approved as distributed. CASE NUMBER: Amended USR-127 APPLICANT: Ulrich Farms, Inc. , c/o Ken Ulrich REQUEST: A Site Specific Development Plan and a Special Review permit for expansion of a livestock confinement operation from 3,500 to 8,000 head of cattle in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NEi of Section 22, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Colorado Highway 66, west of Weld County Road 21 APPEARANCE: Ken Lind, Attorney, represented the applicant. This is the third expansion of this feedlot since its inception. Approval of the request would increase the number of cattle in the feedlot from 3,500 to 8,000. The applicant has reviewed the recommendation of the Department of Planning Services' staff and has no objections. Present use of the surrounding area is agricultural. Some of the area farmers sell their feed to the feedlot. The feedlot and the proposed enlargement does not take away prime farmland. According to the soil conservation service, the land used by the feedlot is very sandy marginal farmland. o 0.292 f i Summary of the Weld County Planning Commission Meeting March 6, 1990 Page 2 Ken Ulrich, applicant, stated this is a feedlot operation. Cattle are fed twice a day, and they feed only their own cattle. The Chairman called for discussion from the members of the audience. Pete Palombo, surrounding property owner, stated he owns the property across the road to the east and rents out the improvements. He is worried about seepage of manure into the domestic well. William Mayer, surrounding property owner, does not object to the present size of the feedlot operation, but he is afraid an expansion may allow nitrates from feedlot runoff to contaminate the vegetables he grows to sell commercially. Tape 269 - Side 2 AMENDMENT: Ann Garrison moved a new sentence be added to the end of Development Standard #4. Development Standard #4 would be amended to read as follows: 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 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. The runoff from the manure storage site shall be directed into the runoff pond area. 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; Ann Garrison - yes; Bud Clemons - yes; Bud Halldorson - yes; Jerry Kiefer - yes. Motion carried unanimously. Lanell Curry reported the Panhandle Eastern Pipe Line Company has distributed copies of their concerns prior to the beginning of the meeting. She suggested a new Development Standard #14 be added to convey the concerns of Panhandle Eastern Pipe Line Company to read as follows, and that following standards be renumbered consecutively. 9 3 2E2 Summary of the Weld County Planning Commission Meeting March 6, 1990 Page 3 14. The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. AMENDMENT: Bud Halldorson moved Development Standard 4#3 be repealed and the remaining standards be renumbered consecutively, and a new condition 3. g. be added to read as follows: (g) The applicant shall enter into a road maintenance agreement to be approved by the Board of County Commissioners. Motion seconded by Bud Clemons. The Chairman called for discussion from the members of the Planning Commission. The Planning Commission members felt Development Standard #3 is too vague and inconsistent. There appear to be no concrete facts for comparisons of usage, and similar agricultural operations have not been required to enter into road maintenance agreements such as the one asked for here. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Ann Garrison - yes; Bud Clemons - yes; Bud Halldorson - yes; Jerry Kiefer - yes. Motion carried unanimously. MOTION: Bud Halldorson moved Case Number Amended USR-127 for Ulrich Farms, Inc. , for a Site Specific Development Plan and a Special Reivew permit for expansion of a livestock confinement operation from 3,500 to 8,000 head of cattle in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff and the amendments incorporated by the Planning Commission. Motion seconded by Bud Clemons. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Ann Garrison - yes; Bud Clemons - yes; Bud Halldorson - yes; Jerry Kiefer - yes. Motion carried unanimously. fr 2 Summary of the Weld County Planning Commission Meeting March 6, 1990 Page 4 The meeting was adjourned at 2:20 p.m. Respectfully submitted, Bobbie Good • Secretary DATE: March 12, 1990 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 4th day of April, 1990, at 10: 00 A.M. Docket No. 90-9 - Amended Special Review Permit and Site Specific Development Plan to expand a livestock confinement operation from 3,500 to 8, 000 cattle in the Agricultural Zone District - Ulrich Fams, Inc. OFFICE OF THE CLERK TO THE BOARD a BY: a � Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOAR OF COUNTY COMMISSIONERS WEL OUNTY, CO ORADO • 900292 ,EX/i1 I% • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. 90-9 Ulrich Farms, Inc. c/o Ken Ulrich 14605 Weld County Road 21 Platteville, Colorado 80651 DATE: April 4, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Amended Special Review Permit - Expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District LEGAL DESCRIPTION: Part of the NEi of Section 22, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles west of the Town of Platteville; north of Highway 66, west of Weld County Road 21 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: March 12, 1990 PUBLISHED: March 22, 1990, in The New News 900292 HEARING CERTIFICATION DOCKET NO. 90-9 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT TO EXPAND A LIVESTOCK CONFINEMENT OPERATION FROM 3,500 TO 8,000 CATTLE IN THE AGRICULTURAL ZONE DISTRICT - ULRICH FARMS, INC. A public hearing was conducted on April 4, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated March 12, 1990, and duly published March 22, 1990, in The New News, a public hearing was conducted to consider the request of Ulrich Farms, Inc., for a Site Specific Development Plan and Amended Special Review Permit to expand a livestock confinement operation from 3,500 to 8,000 cattle in the Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department ti representative, entered the favorable recommendation of the Planning Commission into the record. She said this recommendation is based upon 19 Development Standards. Ken Lind, Attorney, came forward to represent the applicant. He said this is the second amendment for this operation, which has been in effect for a number of years. Mr. Lind said the applicant has no objection to the recommended Conditions and Development Standards. Ken Ulrich, of Ulrich Farms, Inc., came forward to explain the operation. No public comment was offered concerning this request. Commissioner Kirby moved to approve the request of Ulrich Farms, Inc. , for a Site Specific Development Plan and Amended Special Review Permit, subject to the Conditions and Development Standards recommended by the Planning Commission. Commissioner Harbert seconded the motion, and it carried unanimously. This Certification was approved on the 9th day of April, 1990. APPROVED: "mamd, ;-'1 BOARD COUNTY COMMISSIONERS ATTEST: WELD C' NTY, COLORADO Weld County Clerk and Recorder `-" / ' leya„.,,A, 0 and Clerk to the Boa Gene R. Brantner, Chairman(:---B--1) )/5-"YX_I t..ems/ _,(.....iC_JtJ e� , Deputy County k eo ge K=nnedy, Pro-Tem onstance Harbert TAPE #90-20 C.W. Kirby DOCKET #90-9 EXCUSED PL0039 Gordon E. Lacy , 900292 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: APRIL 4, 1990 DOCKET # 90-9 AMENDED USR - EXPAND A LIVESTOCK CONFINEMENT OPERATION FROM 3,500 TO 8,000 CATTLE - ULRICH FARMS, INC. DOCKET # DOCKET # NAME ADDRESS HEARING ATTENDING 411 ttilJ 'Oil II 4A Ave 6ree / 70- 7 /^_e v, w i ! e l, 1L)97-5- UJ L° h 1, -1 ) O/(,bl.0 a/ Pz e7s it 71 I UI R/C ti /456C ` 1,9(d frd < / /71, y-iie f///(o 900292 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. i-d i—, 0 Put your address in the"RETURN TO" Space on the reverse side Failure to do this will prevent this card u: L� -s"' k H from being returned to you The return receipt fee will provide you the name of the person delivered to and H O H the date of delivery For additional fees the following services are available Consult postmaster for fees CD u a -1 H In x and check box(es)for additional service(s) requested 1 Show to whom delivered, date, and addressee's address 2 [3 Restricted Delivery m Cl m H W O (Extra charge) (Extra charge) 3 Article Addressed to o m r r a n E 4 ArUcle� Number Z CD H U x z_ In KEN ULRICH i t-/L/11 �, o. ,n'd 0 Ln Type of Service. O ULRICH FARMS, INCORPORATED ❑ Registered ❑ Insured 0H Z ZH m�33 ,0 _!] 14605 WELD COUNTY ROAD 21 -Certified ❑ COD (] a AM a' PLATTEVILLE, CO 80651 ❑ Express Mail ❑ Return Receipt 0 71 i z n gi> r1.1for Merchandise ON 0 rd n rn o Always obtain signature of addressee I b '-1O9 n_≤ Fri or agent and DATE DELIVERED n N H r o 5 Sigr$2ture — Addressee 8 Addressee's Address (ONLY if i—, H 5 X L.,..::,-/-(1_ y- ),-i_,..\41; fl ' ,,t ti? ` requested and fee paid) C7 F 6. Signature — Agent 1' 7 Date of Delivery `7-,/L7 Y-(, PS Form 3811, Apr 1989 DOMESTIC RETURN RECEIPT • SENDER. Complete items 1 and 2 when additional services are desired, and complete items U. H O H 3 and 4 in n -o H tri Put your address in the"RETURN TO" Space on the reverse side Failure to do this will prevent this card m M.0 0 tx7 Cl) from being returned to you The return receipt fee will provide you the name of the person delivered to and o . w7 2 C H M the date of delivery For additional fees the following services are available Consult postmaster for fees m a C H H Z C) and check boxles)for additional servicelsl requested (IL:, m r H d - in - ' 1. ❑ Show to whom delivered, date, and addressee's address 2 ❑ Restricted Deliverym tri o T3 (Extra charge) (Extra charge) m '. H C7 E z H 3. Article Addressed to• 4. Articcll f Number `% m n 0 7d 09 o Lri / S, / ° 0 0 H zn Q' WALTER AND DOROTHY MAY MAYER Type of Service: o ,C� n m in ❑ Registered ❑ Insured O o> -1 rU 9704 STATE HIGHWAY 66 °' cS G >m '� O—Certified ❑ COD I-7, m PLATTEVILLE, CO 80651 ❑ Express Mad ❑ Return Receipt D M for Merchandise n r ® LLI Always obtain signature of addressee o —D or agent and DATE DELIVERED H XP Pd F 5 Signature — Addressee 8. Addressee's Address (ONLY if requested and fee paid) 6 Signature — Agent X VIII- i( t' 7 Date of Deliveryto r/ 111 L7 -Ay1— E! pd LA) t,1 PS Form 381 1, Apr 1989. / ' / �[ 1DOMESTIC RETURN RECEIPT u H NJ thl H / ZL(i`l- l�/� �,�. i i�i �__j�� H r y -0 m o H �J the date of delivery For additional fees the following services are available Consult postmaster for fees a) ? T- 0 O H and check box(es)for additional service(s) requested I ' m (O m 1. ❑ Show to whom delivered, date, and addressee's address 2. [1 Restricted Delivery I o m m .. H M (Extra charge) (Extra charge) I < co C) t7 E 3. Article Addressed to: 4 Article Number CD 0 I—' E_ ' Ln (1 c.51 - /7.5S 2 s coH � O fr Type of Service o Z 1-C ,m C) PETE F. AND MARY J. PALOMBO ❑ Registered ❑ insured I N.) > D r., m Etti 13201 EAST 144TH AVENUE VLrertified ❑ COD ~ HHH z� 1 ru ❑ Express Mail ❑ Return Receipt H BRIGHTON, CO 80601 for Merchandise 0 r ;9 5i t=I r D≤ PM Always obtain signature of addressee 0 F o /� or agent and DATE DELIVERED r W o E LLI03 5.1Signature — Address t 8. Addressee's Address (ONLY if O �_ requested and fee paid) X —77(---4--ftom .{ 162 f /--1'. --..-__ i 6 Signature — lj nt i X 7 Date of Delivery PS Form 381 1, Apr 1989 ."11 iJ��' � DOMESTIC RETURN RECEIPT H u r H W I-11 and check boxles)for additional servicels)requested 1 ❑ Show to whom delivered, date, and addressee's address. 2 ❑ Restricted Delivery -o CD o H C 0 Hu) (Extra charge) (Extra charge) a, ,o H > ZZ tit 3 Article Addressed to• 4 Article Number / o a c' t H ty a 0 -o 72 — /_I r! ° H OH '0 Li-i o I F G LEASING COMPANY Type of Service: H t-' Z o E H In T H td 0 '0=3 m Er RANDY AND GLEN MAYER ❑❑ Registered R ❑ Insured O 0 Z n [51-Certified ❑ COD O m m 9873 STATE HIGHWAY 66 03 ❑ Express Mail ❑ Return Receipt O PLATTEVILLE, CO 80651 for Merchandise ' o � ' o D m RI Always obtain signature of addressee rn rn 7d Z _,. or agent and DATE DELIVERED - 1-1 5 Signature — Addressee 8 Addressee's Address (ONLY if F o Fir W X I I requested and fee paid) "' o D - "t -7 I �' , 1 Z L.. E 6. Signature - Agen P X : (-.;:-i:`j 7. Date of Delivery ,? �f / - PS Form 3811, p 1989 1//,//�� s� L �� DOMESTIC RETURN RECEIPT /L 900292 • rl SENDER: Complete items 1 and 2 when additional services are desire �c��c?fi% ete items.� 3 and 4 UU+\ Put your address in the"RETURN TO" Space on the reverse side Failure to do i vtiharlgyeNt,his card b rrl from being returned to you The return receipt fee will provide you the name of t erson d liv r d to and , u. r -- qy the date of delivery For additional fees the following services are available Co It Dpi ryas r for fees _' a w t=i and check box(es)for additional service(s) requested V' I t �� 2 - H '� d 1 L Show to whom delivered, date, and addressee's address 2 Re ri ed li ery Cli M (Extra charge) ( F I m o° C ELI Z m H3 Article Addressed to. 4 Arti�1e Number I t-. d d z m -13 iS_/) /-N t=i c-3H oz FRED AND IRMA N. MAYER Type of Service: I g TI 9434 WELD COUNTY ROAD 34 0 in ❑ Registered ❑ Insured 0 z -r 0— ertified ❑ COD O ,H< . ri m PLATTEVILLE, CO 80651 Express Mail u Return Receippt n<En _1 for Merchandise co 7d o m Q, Always obtain signature of addressee a\ O ,..C "5.r. H f1J In or agent and DATE DELIVERED H7y 7c1 n_2M -.15. Signature — Addressee 8 Addressee s Address (ONLY if (n t r o f f /j reced and Jet ) E = X ,/2,7t CL f� / 4. J_t (��/^� ,,k, 'c\ \ 6 Signature — Agent ( ` ` 'A P t X ' - il '.•�,} t ;!I 7 Date of Delivery 'ti .p e/� • SENDER: Complete items 1 and 2 when additional services are desired, and complete items -- 3 and 4 Put your address in the"RETURN TO" Space on the reverse side Failure to do this will prevent this card rr1 ,— c_, from being returned to you The return receipt fee will provide you the name of the person delivered to and -,U.i O .0 O the date of delivery For additional fees the following services are available Consult postmaster for fees H H ' and check boxles)for additional service(s) requested a N M 1. ❑ Show to whom delivered, date, and addressee's address 2. ❑ Restricted Delivery _ i rl r t7 (Extra charge) (Extra charge) a co triH 0 3. Article Addressed to: 4. Article Number �� ) m d O H o- 6/ c' 2 - /13 z � H � � En JOHN DITIRRO, JR. Type of Service: 1 " C 0 In �D 1931 LEONA AVENUE ❑ Registered ❑ Insured 0 CrJ y m Z-Certd,ed ❑ COD O zi 9 o C) -0 FORT LUPTON, CO 80621 i ❑ Express Mail ❑ Return Receipt tri • D m m N for Merchandise 00 n 11 Always obtain signature of addressee cs r-- or agent and DATE DELIVERED NJ 7, _2 m 5. Signature — Addressee 8. Addressee's Address (ONLY if `^ r o W X requested and fee paid) E 6 Signature — Agent f= 0 1.: ? X 2 L(I-,, ,Q �6,.(�'," ) 7. Date of Delivery 70 PS Form—F811, Apr 198 4/ L ( t DOMESTIC RETURN RECEIPT Put your address in the"RETURN TO" Space on the reverse side Failure to do this will prevent this card from being returned to you The return receipt fee will provide you the name of the person delivered to and u id the date of delivery For additional fees the following services are cvailable Consult postmaster for fees Z • a00 eri and check boxles)for additional service(s) requestedo C • C] t-' 1. ❑ Show to whom delivered, date, and addressee's address 2 ❑ Restricted Delivery 4 P. tri O H II (Extra charge) (Extra charge) m m 7d ed t-' 0 mi 3. Article Addressed to: 4 Article Number a co s• O O 0 iJ�i_.t t'1 m G ( J`T 'i m c, co H ozLI In -P- 0C Elo -. En PUBLIC SERVICE COMPANY OF Type of Service. 0 H o F, 'n COLORADO ❑ Registered ❑ Insured o H -6 33 Certified ❑ COD 33< D.P.O. BOX 840 Return Rece,pt 0 C3 ❑ Express Mail ❑ d r-' O `n,, m for Merchan ise I Z o n 35 ru DENVER, CO 80201-0840 Always obtain signature of addressee 0 9 n m or agent and DATE DELIVERED I Co r''''' 11 ncrn - 5 Signature — Addressee 8 Addressee's Address (ONLY tf Ii rn O r o 0 ru X requested and fee paid) 0 fti 6. Signa re — Agent r X _ 7 Da every -) /1-5 -tl ,, PS Form 3811, Apr 1989 f � � t DOMESTIC RETURN RECEIPT p �/�,,j, t-,,,_/./,_/)-59 from being returned to you The return receipt fee will provide you the name of the person delivered to and the date of delivery For additional fees the following services are available Consult postmaster for fees 'd H and check boxles)for additional services) requested ' 1. U Show to whom delivered, date, and addressee's address. 2 L, Restricted Delivery n H N r (Extra charge) (Extra charge) a o `H N C H 3. Article Addressed to 4 Articl Number m C p C7 tai m VS Q - "7�/ a H 0 7 En Type of Service: m r' Z • , -O Ln o WILLIAM J. AND MADELINE E. tT1 a H —1 4n MAYER ❑ Registered ❑ Insured i-C T o 14922 COUNTY ROAD 19 �' Certified ❑ CCODrn Receipt O O 0 z- ❑ Express Mail E for Merchandise 90 XI "0 PLATTEVILLE, CO 80651 ba o. Always obtain sopetvrp_of addressee pp LI m m RJ or agent arV ttAI DELI'E,RED 0 tHH n 33, / `j r H r.sm vl 5 Si nature — Addressee 8. Adds to s Addie5 NLY if z D' m - IA' {,//��tfA r L f req,eat(d and feel yald)',J,,; H RD X it�� !i L� , 93' i', Cl : , tri s 6. Signature — Agent o (,,,-,^1,�' if 20 X H�N ,.�. ___///,any,. 7. Date of Delivery -=:-/' !_\, PS Form 3811, Apr 1989 DOMESTIC RETURN RECEIPT Hello