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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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901227
RESOLUTION RE: DENY AMENDED SPECIAL USE PERMIT FOR EXPANSION OF COMMERCIAL CATTLE FEEDLOT (12 , 400 HEAD) - ROGGEN FEEDLOT/RICHARD HESSEE 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 12th day of December, 1990 , at the hour of 10 : 00 a.m. , in the Chambers of the Board for the purpose of hearing the application of Roggen Feedlot/Richard Hessee, 35895 Weld County Road 18 , Roggen, Colorado 80652. , for an Amended Special Use Permit for expansion of a commercial cattle feedlot (12 , 400 head) on the following described real estate, to-wit: Part of the SE} of Section 24 , and part of the NEi of Section 25 , Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS , Roggen Feedlot/Richard Hessee, said applicant was present and represented by Michael Callahan, Attorney, and WHEREAS, Section 24.4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1 . It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. -The proposal is not consistent with the Weld County Comprehensive Plan because it was too intense a use within the area proposed and allows no margin for error in operations. PL0749 9-01227 Page 2 RE: DENY AMENDED SUP - ROGGEN FEEDLOT/HESSEE b. The use which would _be permitted will not be compatible with existing surrounding land uses. In particular, the proposed use would allow for too many cattle in the feedlot to allow for effective management. c. That there is not adequate provision for the health, safety, and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Toard of -County Commissioners of Meld County, Colorado, that the application for an Amended Special -Use Permit for expansion o₹ a commercial cattle feedlot (12 ,4-00 head) on the hereinabove described parcel of land be, and hereby is , denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: Lin WEL UNTY, CO RADO� Weld County Clerk to the Board // ,I .� (AYE) Bran Gene R. Bran ner, Chairman -BY: % Lj,�� Geo ge K nne y,4144**YE) eputy Cl k to the d APPROVED TO FORM: Constance L�Haar e /f/ / (AYE) C.W. Kir• County Attorney �r . (NAY) i G. d• Z 90122'7 HEARING CERTIFICATION DOCKET NO. 90-44 RE: AMENDED SPECIAL USE PETMIT FOR EXPANSION OF COMMERCIAL CATTLE FEEDLOT (12,400 HEAD) - ROGGEN FEEDLOT/RICHARD HESSEE A public hearing was conducted on December 12, 1990, at 10:DOA.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 Also present: Acting Clerk to the Board, -Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Curry Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated September 12, 1990, and duly published September 27, 199-0, in The New News, a public hearing was conducted to consider an Amended Special Use Permit for the expansion of a commercial cattle feedlot (12,400 head) requested by Roggen Feedlot/iiichard Hessee. Lee Morrison, Assistant County Attorney made this matter of record, saying this was continued from _October 10, 1-990, and that only new information is tote heard. Chairman Brantner said that Commissioner Kirby needs to leave at 11:45 a.m. Michael Callahan, Attorney representing the applicant, made comments on the Containment Tlan submitted by Total Engineering Service, which was approved by the Health Department. Tom -Cope, Engineer from Total Engineering Service, said the average number of cattle on site daily would range from 9,000 to 10,000 head. He explained the Containment Plan and answered questions of the Board. Mr. Cope commented on the evaporation and disposal of the ponds, dust control, distribution system, results of lab tests, and the operation plan for the Troposed site. (Tape Change 490-42) Wes Potter, Health Department representative, confirmed the sufficiency of acreage for -disposal. Mr. Cope concluded by saying all criteria has been met and answered further questions of the Board. Mr. Callahan confirmed the fact that everything is in compliance and answered questions of the Board concerning the number of cattle on site. Mr. Potter commented on the flow-through water system and said a discharge permit may be required by the State Health Department. Mr. Totter answered questions of the Board concerning odor. Steve Williamson, Attorney _representing the Shoeneman 5M Ranch, stated concerns regarding the Containment Plan. He said the Plan is not -designed to handle more than average precipitation and is too big for the site. Tob Samples, retired Water Commissioner for the area, said he has concerns about the proposed -height of the dike, overflow, sprinkler system, recycling of water, disposal of manure, and the shallow water table in the area. He answered questions of the Board concerning Sand Creek and estimated three floodings in the last ten years. John Mitzel, George Sigg, Steve Benson, Lauri Klausner, Norma Taylor, Joel Shoeneman, and Linda Shoeneman, all surrounding property owners, stated their concerns regarding this request. In response to the public testimony, Mr. Callahan said overflow will not occur t,ecause the water will be recycled. He also sai-d the averages in the _Containment Plan are for a period of nineteen years. Mr. Callahan said there are surrounding property owners -who are willing to buy the waste water for fertilizer if there is an -excess, and he stated the applicant's -willingness to comply with Development Standards and Conditions of -Approval required by the Tlanning Department and the criteria of the State and County Health Departments. 901227 Page 2 RE: CERTIFICATE - ROGGEN FEEDLOT/HESSEE In response to questions of the Board, Lanell Curry, Planning Department representative, said the floodplain issue has been addressed, as well as the monitoring of groundwater. Mr. Potter commented on the cleaning of the ponds, the liners, and the removal of sediment. He also said he has not seen any negative effects from using a sprinkler system. Mr. Potter commented on the sufficiency of the level of the water table, and said an odor abatement plan will be initiated if there are any complaints. Commissioner Kennedy moved to continue this matter until 1:00 p.m. Commissioner Kirby said he could be back by 2:00 p.m. ; therefore Commissioner Kennedy amended his motion to continue until 2:00 p.m. Commissioner Harbert seconded the motion which carried unanimously. The Board reconvened at 2:00 p.m. , with all Commissioners present. Mr. Potter answered questions of the Board concerning the adequacy of the ponds and said the safety margin is sufficient as long as the required management is provided. He explained the run-off process into the ponds and said the odor is controlled by a Development Standard which maintains a 127:1 dilution threshold. Mr. Morrison questioned the difference between an evaporation system and a system for ponds which are pumped out. Mr. Potter explained the evaluation process for such systems. He also explained the difference between aerobic and anaerobic. Ms. Curry reminded the Board of the additional Development Standard and Condition of Approval. Mr. Morrison questioned the time needed for construction of the containment facilities. Ms. Curry suggested a time frame be set and said Pond A is already in compliance. Mr. Potter said the additional ponds would be needed within six months. Mr. Cope said Ponds B and C will be built immediately. Mr. Morrison read into the record the Conditions of Approval prior to recording. Ms. Curry and Mr. Potter agreed that Ponds B and C would need to be built and approved by the Health Department within six months. Ms. Curry read the additional Condition of Approval and Development Standard into the record. Commissioner Harbert moved to deny the request for expansion of a commercial cattle feedlot (12,400 head) , with Commissioner Kirby seconding the motion. Commissioners Harbert, Kirby, and Kennedy stated their reasons for denial. Commissioner Lacy said he feels the only problem is size, and he will vote against the motion. Chairman Brantner said he feels the size is a problem, as well as too narrow of a margin for error, and he will vote for the motion. On a roll call vote, the motion carried four to one, with Commissioner Lacy voting nay. This Certification was approved on the 17th day of December, 1990. Cl? OVED: BOARD OUNTY ATTEST: ,,,{',� {{ �V //' WELD F Y, COLORADO Weld County Clerk to the Board " at Gene,,R. Brantner, Chairman By: /11 ,1(07/AF-1,4,17 � ® � � Deputy Clerk to the Ge ge Kew n^dy,, Pro-Tem onstance L. Harbert C.W. Kir .z/ Gord a TAPE #90-41 DOCKET #90-44 PL0749 901227 EXHIBIT INVENTORY CONTROL SHEET Case °IQ° P" //Yn/ aDLe_®t 6.. k &awl Exhibit Submitted By Exhibit Description A. Jay,' aiiO2 Jl Siel,. Pt apt -- o PA-L /. B. ()Zak k (e AY1hoL, X l,AA-Piitiarn ) yid/n.4;14, ,Q?.Fa O! 71 / 1 % c. Lek, it C� Naha( —17Th.z Aie ) iz dcakuis T rf 111 LE It 71 ,MIiihli /1 I L!! 6i17141 L-1) g/A1 E. r/�lll n tL i ,9, /0-0 min no %/F. i_}, u'w/LL��� 77t.h12&1Z.G7v �G(/YYLI1LL�1 y J� _tu g G. 4niteani„-- --E- • Jyt.ttect .6)%4H. stag 16.n.Al ne d drib,, avativion kitu 61 ar ata-a _ /°A I. 4 OD ij il alintia Allyn-k.. (26/tiL I% J. Liip}tt thiy„„) -A_ i),),L ,z_tte,_ 10A R' alt)A4L. l_: . i .d.L.r /) IDA- L `Z`�`„-,,,, ( b ,U)niJ -7-it_l O7LtfLcte a.N. / ,t 9V-1,-- (eta_ 1i/L/y f VlifiL `l(1 /9O - w� �u� c l/ 901227 g/01,2/70 EXHIBIT INVENTORY CONTROL SHEET PAGE 2 CASE: AMENDED SUP #208 - ROGGEN FEEDLOT/HESSEE Exhibit Submitted By Exhibit Description p, Williamson 9/12/90 - Weld Health Q. Williamson 9/27/90 - State R. Shoeneman photos S. Callahan photos T. Clerk to the Board Resolution continuing hearing U. Jay J. Bartlett, Attorney Letter re: Show Cause hearing date 1,2/3 W A-7/7 x. /fur R P d iditu a- ��Iltivu atA-24. dete dial/Le eta) 12% Y. r/kPald _4//YiI,1'�. frel i 71&).4 ( ) tfcc-rcJ /rile/uia ��eE eti IL/2J Pottet , �eaim xa 7 iak BB- (01p D Pn TY Lni t6/7 67 (*Ole a/ Ind CC. DD. S ll,1-22 d Case Number Amended Submitted or Prepared After Prior P.C. to Hearing At Hearing Hearing 1. Application 29 Pages X 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter of objection from E. Bernard Keller X 12. Letter of objection from Harld L. Erker, Jr. X 13. Letter of objection from The Gertge family X 14. Letter of objection from Tim & Linda Lundquist X 15. Letter of objection from Jackie and William X Erker 16. Letter of objection from the Harold J. Erker, X Jr. , family 17. Letter of objection from Vernon & Elizabeth X Sargent 18. Letter of objection from James Sigg X 19. Letter of objection from Joel & Linda X Schoeneman 20. Letter of objection from Carl Schellenberg X 21. Letter of objection Marie Buchholz X 22. Letter of objection. from Gerald Sigg X 23. Letter of objection from James and Martha X Klausner 24. 9-12-90 referral from Southeast Weld Fire X Fire Protection District 25. 9-12-90 referral from Gene Inloes, Weld County X Extension 26. 9-9-90 referral from West Gas X 27. 9-4-90 referral from Weld County Health Dept. X 28. 8-24-90 field check from LeAnn Reid, Planning X Commission member 29. 9-7-90 referral from Weld County Engineering X 30. 9-6-90 referral from Southeast Weld Soil X Conservation District 31. Letter of objection from B.C. Buchholz X 32. Letter of objection from Joe Sigg X 9C 1.2„ Page Case Number: Amended US '.08 Submitted or Prepared Prior to Hearing At Hearing Later 33. Letter of objection from Stanley P. Buchholz X 34. Letter of obje-cti-on from Marie F. Buchholz X 35. Exhibit A - Poster with 9 pictures of run_off X overflow I hereby certify that the 35 items identified herein were submitted to the Department of Planning -Services at or pri-or to the scheduler) Planning Commission hearing. I further certify that these items wer-e forwarded to the Clerk to the Board's office on September 20, 1990. CuYrt PlanneJr LJAd— STATE OF _COLORADO ) COUNTY OF WELD ) SUBSCRIBED -AND SWORN TO -BEFORE ME THIS -Dhar- day -0f 19 90. SEAL yy ^ u LLnn tzaci N ARY PUBLIC My Commission Expires 9 - -623 ‘hip ‘. Imo MEMORAnDum winkTo Board Date September 12 , 1990 COLORADO From Clerk to the Board subject: Request for preadvertisement of Amended SUP Tom Cope, of Total Engineering Service, on behalf of Roggen Feedlot and Richard Hessee, has submitted a request that their Amended Special Use Permit application be preadvertised. This matter will be considered by the Planning Commission on September 18 , 1990 . They have requested a hearing before the Board before November 7 , 1990. The suggested date for the hearing is October 10 , 1990 . If you wish to approve their request, the date specified will allow adequate time for advertising. Thank you, 9\ 1#3( of �- cc Total Engineerift Service_ �^JpKlwG ANN.Ar� 3310 State Street Evans, CO 806 U .1;', L-, i r,c c �. • ' (303) 33921 August 31, 1990 Clerk to the Board Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Roggen Feedlot, Amendment to SUP-208 To the Clerk to the Board: The applicant for the above referenced project would like to request a preadvertisment for the public hearing to be scheduled before the County Commissioners. We would like to appear before the County Commissioners on the soonest available date after the Planning Commission Meeting scheduled on September 18, 1990. The site has been found to be out of compliance with the existing permit. The application to amend this permit will rectify this non- compliance situation. The permit is being continued in a Show Cause Hearing until the amended permit application has been resolved. It is our understanding that the County Commissioners would like to get this situation resolved as soon as possible. We would like to thank you for your time and consideration on reviewing our request. Please contact me if I can be of assistance. Sincerely, TOTAL ENGINEERING SERVICE ��'/!1 4de Tom Cope, P.E. xc: File 1190433 Mr. Richard Hessee c hob, + � -' c- _ Date: September 18, 1990 CASE NUMBER: Amended USR-208 NAME: Richard Hessee ADDRESS: 35895 Weld County Road 18, Roggen, CO 80652 REQUEST: A Site Specific Development Plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 head to 12,400 head of cattle in the Agricultural zone district LECAT DESCRIPTION: Part of the SE} of Section 24, and part of the NEi of Section 25, both in T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: North and south of Weld County Road 18, west of Weld County Road 73 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: The proposal is consistent with the Agricultural goals and policies of the Weld County Comprehensive Plan. The Agricultural goals and policies encourage development of commercial and industrial uses, such as commercial feedlots, which are directly dependent upon the agricultural industry. The goals and policies also state that the agricultural zone district is intended to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses. The proposal is consistent with the intent of the agricultural zone district and is provided for as a use by special review. The proposed use would be compatible with the existing surrounding land uses which include agricultural production, oil and gas production and processing, Weld County roads, and rural residences. The proposed use would also be compatible with the future development of the surrounding area as permitted by the agricultural zone district. Conditions of approval and development standards will ensure compatibility. 9C 1.22 Amended USR-208 Richard Hessee Page 2 A portion of the property is located in the Flood Hazard Overlay District. Special Review permit development standards address this concern. Special Review Permit 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 recording the Special Review permit plat: the plat shall be amended to show a reservation of 50 feet west of the centerline of Weld County Road 73; evidence shall be submitted to the Department of Planning Services that the existing facility is in compliance with the Colorado Department of Health Guidelines for Feedlot Runoff Containment; the applicant shall submit evidence to the Department of Planning Services that an agreement has been approved with Colorado Interstate Gas Company regarding the pipeline across this site. If the agreement requires moving the pens or _runoff ponds, such changes shall be shown on the plat. o-l. ,ova-per( 0,-3-e-,01-t-ec ,awl x-n.v Ci�W 0 l" 90122- Amended USR-208 Richard Hessee Page 3 4. Within 30 days of approval by the Board of County Commissioners: - an odor abatement plan shall be submitted to the Weld County Health Department for review and approval. A copy of the approved plan shall be submitted to the Department of Planning Services; - any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors; the existing septic system 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 can be performed. After Weld County Health Department review of the engineer's report, an ISDS evaluation shall be performed on all existing septic systems; any required NPDES permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, and/or amended if appropriate for the increased operation. If any of the above permits are not required, evidence shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commissioners, that the permits will not be required. 91.1227 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richard Hessee Amended USR-208 1. The Site Specific Development Plan and Special Review permit is for expansion of an existing livestock confinement operation from 3,600 head to 12,400 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. If horses are kept on the site, the total number of cattle and horses shall not exceed 12,400. 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. 4. The facility shall be operated in compliance with the Colorado Guidelines for Feedlot Runoff Containment. 5. The facility shall be operated in compliance with the odor abatement plan approved by the Weld County Health Department. Sufficient equipment shall be on hand at all times to implement the plan as needed. 6. Waste oil, waste paints, stains, treatment, 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. The facility shall be operated in compliance with any required Air Emissions Permit. 8. No permanent disposal of wastes shall be permitted at this site. 9. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The facility shall be operated in compliance with any required NPDES permit. it) thV 1.O-c-jAt K-t'�a..C.l /C^C 014-47-rtte" (�lc[ti' yi�t�j.A/.�. C G� zi •y, ir/�-tom I,t�, /c _�"(� 91. 1227 Development Standards Amended USR-208 Page 2 12. The property shall be operated in compliance with the agreement with Colorado Interstate Gas Company. 13. The maximum permissible odor level shall not exceed the limit of 127:1 dilution threshold, as measured according to Colorado Revised Statutes. 14. No structures shall be constructed within Western Slope Gas' Pipeline 25 foot easement as shown on the Special Review permit plat. 15. The property shall be operated in compliance with the Weld County Flood Hazard Overlay District requirements. These requirements also apply to any runoff pond within the 100-year flood plain. 16. The property shall be operated in compliance with the requirements of the Colorado Oil and Gas Conservation Commission. 17. Access to the site shall be limited to the existing accesses from Weld County Road 18. No access shall be provided from Weld County Road 73. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 21. 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. 22. 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. 9(122 ry Development Standards Amended USR-208 Page 3 23. 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. �C12'2`' ADDITIONAL COMMENTS Amended USR-208 Richard Hessee Six letters have been received from surrounding property owners. The letters deal with concerns regarding runoff containment, flies, odor, groudwater contamination, and dust. These concerns are addressed in conditions of approval and development standards. �C . DEPARTMENT OF PLANNING SERVICES n PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C� COLORADO August 22, 1990 Richard Hessee 35895 Weld County Road 18 Roggen, CO 80652 Subject: Amended USR-208 - Request for an Amended Special Review Permit on a parcel of land described as Part of the SE1 of Section 24, and part of the NEL: of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado Dear Mr. Hesse: 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, September 18, 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 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 September 4, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than September 8, 1990. 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, �i � , (-1 rI Lanell J.�uzry Current Planner ./ pc Tom Cope 3310 State Street Evans, CO 80620 ' LAND-USE APPLICATION SUMMARY SHEET Date: September 11, 1990 CASE NUMBER: Amended USR-208 NAME: Richard Hessee ADDRESS: 35895 Weld County Road 18, Roggen CO 80652 REQUEST: A Site Specific Development Plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone district LEGAL DESCRIPTION: Part of the SE} of Section 24, and part of the NE* of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: North and south of Weld County Road 18, west of Weld County Road 73 SIZE OF PARCEL: 58.7 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. USR-208 was approved in 1973 for 3,600 head of cattle. Since that time, additional pens have been added to the south end of the property. Zoning compliance hearings have been held with the Board of County Commissioners regarding the expansion of the pens. The Show Cause hearing was continued to November 7, so the application to amend the Use by Special Review could be heard by the Planning Commission and the Board of County Commissioners. The Department of Planning Services' staff has received specific recommendations from the Weld County Engineering Department, Southeast Weld Soil Conservation District, and Weld County Health Department. A representative of the Division of Water Resources has stated verbally that the amount of water permitted to be used from the existing wells on the property will be adequate for the proposed number of livestock. One verbal and four written objections have been received from surrounding property owners. C � err 9 �� .- C-7- _ 1 _ ,. 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P yr,. .� .. !�. e 4 # . fr t.6"w� # — , ° 29 Q,r ,p2 #g .'^ $iC}#SS ':N�t?.z bow`."3'. , i� .... .yy.yt . ..... ., _.' tom. 'C iCs 3 i'5 *. 1; :ay.;..»}!sR *pry ` �.. a ,t. RIIIIIIII .cax'Sv" •. wi. 3. FIELD CHECK FILING NUMBER: Amended USR-208 DATE OF INSPECTION: August 30, 1990 NAME: Richard Hessee REQUEST: A Site Specific Development Plan and a Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SEi of Section 24, and part of the NE} of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: North and south of Weld County Road 18, and west of Weld County Road 73. LAND USE: N Agricultural production and fallow ground, oil and gas production E Weld County Road 73, agricultural production, and pasture S Agricultural production, fallow ground, oil and gas production W Agricultural production, residence, oil and gas processing plant ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is possible at this time from Weld County Road 18, a gravel County local road, or Weld County Road 73, a paved County arterial. The area north of the site which is proposed as the expansion area is gravel and pasture. The row of trees as shown on the plat is in place. There are cattle and several horses in the pens south of Weld County Road 18. The office as shown includes living quarters and 4 large bays for vehicles. Residences exist to the west, northeast and southeast. A residence is also located approximately .25 miles to the east. (BY: /O ki./ C j . ttL 't. 't, lanell J./tray Current tianter /� OC,�3,N) REFERRAL LIST NAME: Hesse CASE NUMBER: Amended USR-208 REFERRALS SENT: August 22, 1990 REFERRALS TO BE RECEIVED BY: September 5, 1990 COUNTY TOWNS and CITIES f X Health Department Brighton X Extension Service / oit y.ii Hc, Dacono _Emergency Management Office _Eaton X Engineering _Evans Housing Authority Firestone _Airport Authority _Fort Lupton Building Inspection Frederick Garden City _ STATE •,lat Gilcrest X Division of Water Resources '""1V4 Greeley Grover _Geological Survey i°" t' _ Historical Society 2yo � t g 6 Keenesbur Water Conservation Board P Y Kersey X Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS _Longmont _ Ault F-1 Mead Berthoud F-2 Milliken -- --Brighton F-3 New Raymer Dacono F-19 _Nunn _Eaton F-4 _ _ 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 -11 Larimer _ _Nunn F-12 X Southeast Weld F-16 , 9 /1 AA-0 r"l ' Platteville E'-13 FEDERAL GOVERNMENT AGENCIES Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS X Brighton OTHER _Fort Collins X Colorado Interstate Gas Greeley John Newman _Longmont 2951 Chambers Road West Adams Aurora, CO 80011 COMMISSION/BOARD MEMBER X Western Slope Gas Company ✓ X LeAnn Reid Right-of-Way Agent P.O. Box 840 Denver, CO 80201 ei .$.Z:7 ii,(,/,6p MEMORAIIDUM wokTo Weld County Planning Date December 10, 1990 J iil,. /, t 0 f i) COLORADO From Wes Potter, Director, Environmental Protection Servil¢qy rig/ Roggen Feedlot Runoff Containment Plan Subject: ---- ----'-- The staff has reviewed the feedlot runoff containment and effluent disposal plan submitted by Total Engineering for Roggen Feedlot. The proposal is in compliance with the regulations and is acceptable to the Division. The staff approves of the plan as submitted. WP894/dgc „ h 2ki ,,, . ! c i._.aa 1 1990 \. _ a°(tnl�i�nr�misx ol el i .ar..-..,,q,i 9 ‘41t1PH MEMORAnDum Illik WeldLane C u Curry — Tu Weld County Planning Date September 4, (/1199990_ COLORADO From Environmental Protection Services 1 /!(ig en Case Number: Amended USR-208 Name: Hessee, Richard Subject Roggen Feedlot 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. An odor abatement plan shall be submitted to the Weld County Health Department for review and approval prior to operation of the facility. Sufficient equipment shall be on hand at all times to implement the plan as needed. 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. 6. No permanent disposal of wastes shall be permitted at this site. 7. The existing septic system is 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. 8. An I.S.D.S. Evaluation on all existing septic systems will be necessary, prior to issuing the required septic^permits_9,[L e existing systems. 911 G � `i('��7�]a r� SEP a 1990 sag Lanell J. Curry Weld County Planning Amended USR-208 Richard Hessee/Roggen Feedlot September 4, 1990 Page Two 9. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust must be controlled on this site. 11. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 12. Maximum permissible odor level shall not exceed the limit of 127:1 dilution threshold, as measured according to Colorado Revised Statutes. WP633/dgc drib ") FIELD CHECK / Filing Number: Amended USR-208 Date of Inspection: 4) - 2R 7 - i( Current Planner: Lanell J. Curry Applicant's Name: Richard Hessee Request: A Site Specific Development Plan and a Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle. Legal Description: Part of the SE'4 of Section 24 and part of the NE1 of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado, (Lot A of RE-473 and Lot A of RE-474) . Location: South of Weld County Road 18, west of Weld County Road 73. 1�^ �� 5)) �(_._ Land Use: N Ai i) Ca /C7l - (f 5/ x(i 224/ �9 !K -/C(' r SLi//�iICI& Zoning: N A (Agricultural) j L E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: —s � --= ca n. �� L�C�t'r� - �=,�.�- �� �1r�_ i t' _Z �' r�' ��' �t'r2� .7 /A (1 x I >u'I f tip i `/ta_iL, l(;/i , /CSI fi, "4',.Lxti it . 4,clI L � L fit- ss `)--1 / / rl 21 Fr J �; ( K ) Sign ture of Board mber 91122-1 .(/' MEMORAnDum wok Lanell Curry, Planning September 7, 1990 To Date Donald Carroll, Administrative Manager COLORADO From Richard Hessee, USR-208 subject: I have the following questions and comments regarding the above: Will there be a controlled access point at the new office area, or will the site be wide open for trucks turning onto and off of Weld County Road 18? Will there be thru traffic across Weld County Road 18? How many accesses will there be on Weld County Road 73? It is unclear how runoff from the site will enter the retention ponds or be discharged. Also note that Weld County Bridge 18/71A is located just to the west of the site. The bridge is posted at 24, 36, and 38 tons. li I aEP 7 1990 DC/mw:prhes #ifid Cu, CIIMvi* ,104Nna Wi cc: Commissioner Kirby Planning Referral File: Richard Hessee, USR-208 9C y ,r-:,.- ...3 ,*a" Southeast Weld Soil Conservation District TagliraitNAD DC4C- Brighton, Colorado 80601 60 S. 27th Avenue. September 6, 1990 Ms. Lanell J. Curry Weld County Colorado Departemnt of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number Amended USR-208 -Richard Hessee Dear Ms. Curry: According to the Important Farmland Map for Weld County, Colorado, this area is Prime Farmland. For building and local roads this area has low soil strength which should be considered in any design for those items. As stated in the report by Total Engineering Services, almost half of the pro- posed additionalfeedlot is within the 100 year flood plain of Sand Creek accord- ing to the Flood Insurance Map. The silage area, a runoff pond and one entire cattle pen and most of another cattle pen is within the 100 year flood plain. In checking the contour elevations, it appears that the runoff pond north of the silage area is above the cattle pens that are to the north and east. It will require extensive grading and reshaping of the land surface to get the water runoff from the cattle pens to drain into the runoff pond. Either that or relocating the runoff pond in the northwest corner which, according to the contours, is the low spot. Some grading and shaping is necessary so that drainage from all pens will drain into the runoff ponds. A berm should be built around the area to make sure that water runoff drains into runoff pond. The runoff ponds, including the existing runoff pond, should never be allowed to overflow. Water runoff from the feedlot operation should not be allowed to drain into Sand Creek or the highway right-of-way. A diversion or berm should be built to prevent water runoff and livestock waste from the cattle Bens or loading pen from flowing across the trees in the tree screen. If not prevented the livestock waste will kill the trees. --- — lj 111 ',VP 1 :, 1990 j 'Held ia I Will 41 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 4- 2f7ra l - The report by Total Engineering Services states that the manure from the cattle pens will be cleaned twice a year. The report did not indicate when the runoff ponds will be cleaned. The runoff ponds should be cleaned when- ever they are full, before they overflow. Ponds should never be filled above the designed liquid level leaving the necessary freeboard. The present pond, when checked recently, was overflowing into the highway right-of-way. Manure (animal waste) should not be spread on frozen soil or when the ground is too wet. The feedlot owner or operator should make sure that sufficient farmland is available on which to spread manure when needed. With cessation of this operation, all material removed should be disposed of in accordance with county and state regulations. The land would need to be leveled for farming. The land area would also need to be subsoiled to break up soil compaction caused by the _feedlot operations. Sincerely, / �C ;� ar Baumgartner, ecretary Board of Supervis rs, SURROUNDING PROPERTY OWNER RICHARD MESSES AMENDED USR-208 Richard Hessee 35895 Weld County Road 18 Roggen, CO 80652 Sargent Farms, Incorporated Roggen, CO 80652 Crystal Oil P.O. Box 72 Shreveport, LA 71100 Schoeneman Five M Ranch, Inc. P.O. Box 2582 Lyons, CO 80540 Marie T. Buchholz 7640 Weld County Road 73 Roggen, CO 80652 Raymond R. Kauffman Julius A. Pluss 7352 Weld County Road 65 Keenesburg, CO 80643 9C 1 ,sd APPENDIX E MINERAL OWNERS AND LESSEES 9C1?27 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of SE 4 of Section 24 and pest of NE a of Section 25, Township 2 North, Range 63 West of the 6th P.M. , Weld Co. , CO STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals 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, from an ownership update from a title or abstract com y or an attorney. Richard Hessee The foregoing instrument was subscribed and sworn to before me this 16 day of August , 19 90 , By Richard Hessee WITNESS my hand and official seal. My Commission expires: January 24, 1994 :275 VL A - 6c/din-Fee, Notary Public 9101227 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of SE a of Section 24 and part of NE a of Section 2$, Township 2 North, Range 63 West o£ the 6th P.M. , Weld Co. , •CO STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals 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, from an ownership update from a title or abstract company, or an attorney. -Richard Hessee The foregoing instrument was subscribed and sworn to before me this day of , 14 _, By WITNESS my hand and official seal. My Commission expires: Notary Public INTEREST OWNERS ANDIOR LESSEES MINERAL ANDIOR SUBSURFACE RIGHTS SUBJECTPROPERTY: Part of the SE 1/4 of Section 24 and the NE 1/4 of Section 25, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. • Richard Hessee 35895 WCR 18 Roggen, CO 80652 Sargent Farms, Inc. Roggen, CO 80652 Crystal Oil P. O. Box 72 _Shreveport, LA 9C122 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of SE v of Sec. 24 and past of NE µ of Sec. 25, T. 2 N. , R. 63 W. of the 6th P.M. , Weld County, Colorado SATE 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 500 feet of the property which is the subject of the application. This -list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. ��h240 Thomas Cope The foregoing instrument was subscribed and sworn to before me this 16th day of August , lr, 90 , by Thomas Cope WITNESS my hand and official seal. My Commission expires: January 24, 1994 Notary Public 2C122.7 AFFIDAVIT OF -INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of SE 4 0£ Sec. 24 and part of NE 4 of Sec. 25, -T. 2 N. , R. 63 W. of the 6th P.M. , Weld County, Colorado SATE OF COLORADO ) ss. COUNTY OF WELD ) TEE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. Thomas Cope The foregoing instrument was subscribed and sworn to before me this day of , 1S by WITNESS my hand and official seal. My Commission expires: Notary Public C:12,227 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE -IDENTIFICATION if Schoeneman Five M Ranch, Inc. P. O. Box 2582 5038286 Lyons, CO 80544 Marie T. Buchholz 7644 WCR 73 5043686 Roggen, CO 80652 Raymond R. Kauffman & 7352 WCR 65 5058686 Julius A. Pluss Keenesburg, CO 80643 5059586 Richard Hessee 35895 WCR 18 5058786 Roggen, CO 80652 r=e0 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 _Phone - 356-4000 - Ext. 4400 Case Number 1)ate Received -Application Checkip d by Mylar plat submitted -Application Fee ` 75O -Receipt Number /7j02A -Recording Fee Receipt Number ==e=====......_________=====v=========_____________________________________ 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: Part of NE v 25 -LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE w Section 24 T 2 N, R 63 W -LEGAL DESCRIPTION ofp cipgguous property owned upon which Special Review _Permit is proposed: Nk4 Section 25 T 2 N, R 63 W SE , 24 Property Address (if available) 35895 Weld County Road 18 ` � PRESENT ZONE Agricultural OVERLAY ZONES FP-1 s r 'L+ TOTAL ACREAGE 58.717 + S� _PROPOSED LAND USE Agricultural � N EXISTING LAND USE Agricultural 41 :v �O .Sit SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIE EVIEEW PERMIT: - — — — — ` Name: Richard Hessee Address: 35895 WCR 18 City Toggen Zip 80652 Home Telephone 11800-628-8352 Business Telephone U 800-628-8352 Name: Address: City Zip Home Telephone A Business Telephone 11 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Same as Above Address: City Zip Home Telephone # Business Telephone 0 List the owner(s) and/or lessees of mineral rights on or _under the subject properties of record. Richard Hessee Name: Sargent Farms, Inc. Address: City Roggen, CO Zip 806 ,2 Name: Crystal Oil (Lessee) Address: P. O. Box 72 City Shreveport , LA Zip I hereby depose and state under the penalties of perjury that all statementa, 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 ) (7C-- Signature: Owner or Authorized Agent Subscribed and sworn to before me this 16th day of August 1990 . z � A NOTARY UBLIC My commission expires January 24, 1994 girl ° „ Total Engineering Service 3310 State Street Evans, CO 80620 (303) 339-5215 August 20, 1990 Mrs. Lanett Curry Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Re: Roggen Feedlot Dear Lanett: Please find enclosed twenty-five copies and the original signed application for a Use by Special Review Permit, as we have discussed. I have also enclosed a check in the amount of five hundred dollars ($500.00) to be used for the application fee. please contact me or Richard Hessee if you have any questions concerning this permit. This application should relieve Mr. Hessee from the Show Cause Hearing scheduled for the end of this month. Sincerely, TOTAL ENGINEERING SERVICE 79TM 4a€ Tom Cape, P.E. enclosures xc: File Richard (q �'�M-9—j Mr. Richard Hessee � ��"� �s' ! AUG 2 U 1990 Weld Co. Mon otoosom if"‘ ,,_Y USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of NE , 25 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE * Section 24 T 2 N, R 63 W LEGAL DESCRIPTION of, ggnb�guous property owned upon which Special Review Permit is proposed: di Section 25 T 2 N, R 63 W SE w 24 Property Address (if available) 75895 Weld County Road 18 PRESENT ZONE Agricultural OVERLAY ZONES FP-1 TOTAL ACREAGE 58.717 + PROPOSED LAND USE Agricultural EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Richard Hessee Address: 75895 WCR 18 City Roggen Zip 80652 Home Telephone 1800-628-8152 Business Telephone 0 800-628-8157, Name: Address: City Zip _ Home Telephone 1 Business Telephone 1 APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Same as Above Address: City Zip _ Home Telephone 1 Business Telephone 1 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Richard Hessee Name: Sargent Farms, Inc. Address: City Roggen, CO Zip 80652 Name: Crystal 011 (Lessee) Address: P. O. Box 72 City Shreveport , LA 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 beet of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of 19_ NOTARY PUBLIC My commission expires Ana ROGGEN FEEDLOT USE BY SPECIAL REVIEW PERMIT ROGGEN, COLORADO AUGUST, 1990 ��� s TOTAL ENGINEERING SERVICE S © 3310 State Street Evans, CO 80620 (303)339-5215 9€Sv'Zti 7 USE BY SPECIAL REVIEW ROGGEN FEEDLOT SCOPE The enclosed attachment to the Use by Special Review is being provided in accordance with Section 24 of the Weld County Zoning Ordinance dated November 21, 1989. Portions of the site were permitted as a commercial cattle feedlot by Sargent Farms, Inc. on July 11, 1973. This Special Use Permit approved by the Weld County Commissioners is enumerated as SUP- 208. The enclosed Site Plan, enclosed in Appendix F, shows the portions approved in that permit. The commercial feedlot has had several owners since the approval of that Special Use Permit. On May 15, 1990 the feedlot and land was sold to the applicant of this permit, Richard Hessee. Several days prior to the purchase of the feedlot Mr. Hessee was made aware that the feedlot as it exists is not in compliance with the approved Special Use Permit. This application is provided to rectify this situation. Mr. Hessee is requesting an amendment to SUP-208 to permit the additional cattle pens that exist in Section 25 and construct pens in Section 24, as shown on the Site Plan. The maximum number of cattle proposed on site will be 12,400 head based on 112 square feet per head. LOCATION The site is located west of Weld County Road 73 with Weld County Road 18 running through the site. The site address is 35895 WCR 18, Roggen, Colorado and more particularly know as part of the Southeast Quarter (SE 1/4) of Section 24 and part of the Northeast Quarter (NE 1/4) of Section 25, Township 2 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado. The site is located in the agricultural zone district and is anticipated to remain with the same agricultural zoning based on the use. This is consistent with the Weld County Comprehensive Plan as discussed in goal number three for the Agricultural District which states, "Promote the development of commercial and industrial uses directly dependent upon the agricultural industry (e.g. commercial feed lots, farm implement dealerships, irrigation equipment companies)." The use of the proposed amended commercial feedlot is compatible with the existing surrounding land uses. First of all the feedlot has been in existence and operation since receiving the SUP in 1973. The land use adjacent to and surrounding the property in all directions is agricultural farm ground. The area contains few residential homes. The nearest occupied residential structure is approximately five hundred feet (500') from the south property line. The use of the proposed amendment is compatible with the anticipated future development as projected by the Weld County Comprehensive Plan. This area is anticipated to remain an agricultural district and is not targeted in the urban growth area. 9C14.2 J OPERATIONS The existing commercial feedlot is permitted for a maximum of 3600 head of cattle. With the proposed expansion of the feedlot the maximum capacity would be 12,400 head of cattle. At final build out the feedlot would employee approximately 10 employees with one work shift. The hours of operation are from 6:00 a.m. to 6:00 p.m. for general operations. The facility has two wells permitted with the Colorado State Engineers Office. The permit numbers are 017306-F and 015295-RF, enclosed in Appendix A. The wells have been approved for Commercial and Irrigation/Livestock uses, respectively. The wells are sufficiently capable of providing the required water use for the proposed expansion. These wells will also serve to provide fire protection water if needed. The average vehicular traffic to the facility consists of a feed truck driving on site twice per day along the truck alleys and access roads. Cattle trucks pick up and deliver cattle to the facility approximately two times per week and have access to the site along Weld County Road 18. The only other traffic besides the employees would be a truck to pick up dead cattle on an as need basis. The existing office is served by a septic system permitted with the Weld County Department of Health. The permit was issued by the County on November 12, 1973. The expansion of the feedlot is not anticipated to overload the system or require additional sewage facilities. The manure from the cattle pens will be cleaned twice per year. This schedule coincides with the needs of the farmers to provide fertilizer to the farm lands. Cattle manure has been successfully used as a beneficial use to provide nutrients to the soils to assist in the raising of crops for years throughout the world. Roggen Feedlot will incorporate the manure on farm land owned or leased by Richard Hessee in a manner that is not anticipated to degredate the soils or groundwater. Any stock piling of the solids will be handled in an area bordered by a berm to prevent entrance into surface water. cad :' 72 Storm water retention ponds, as shown on the Site Plan, will be designed in accordance with the State Health Department's "Guidelines of Feedlot Runoff Containment Facilities" upon receiving the approval of this amendment to the Special Use Permit. The Feedlot Containment Plan will be submitted to the Weld County Health Department for approval. Any dead cattle are removed from the facility by companies specializing in such work. Presently Roggen Feedlot is using Morgan County Pet Foods to remove any dead cattle. The cattle are generally removed from the facility within two days. This practice will continue with the expansion of the feedlot. Soils information compiled from the Soil Conservation Service, "Soil Survey of Weld County, Colorado, Southern Part " are enclosed in Appendix B. Shallow slopes on the facility will be maintained to minimize the potential for erosion on site. The expansion of the feedlot is anticipated to take place over the next several years. The expansion will be conducted in phases as the financial funds are available. The cattle pens shown in Section 25 have been constructed prior to Mr. Heesee purchasing the property. The next area of expansion would be the eastern cattle pens shown in Section 24. The last area of expansion would be the western pens in Section 24. The associated runoff ponds will be constructed prior to occupancy of the pens by any cattle. The cattle pens will be removed and any remaining manure will be hauled to farm land for incorporation upon cessation of the Use by Special Review Permit. 901?2-2 PERMITS The facility is not located in a geologic hazard or Weld County Airport overlay district area. However, the northwest portion of the site is located in the 100 year flood plain as depicted by the Flood Insurance Map and shown on the Site Plan. A Flood Hazard Permit will be obtained prior to expansion of the feedlot in this area should the Weld County Department of Planning Services require it. We request the Weld County Department of Planning Services waive a noise report for this amended Use by Special Review Permit. This facility has no noise generating devices that are different from other feedlots located within the County. The applicant agrees to meet the noise standards set for other feedlots and similar commercial endeavors. A copy of the recorded deed is provided in Appendix C. A certified list of the owners within 500 feet of the property is provided in Appendix D. A certified list of the mineral owners and lessees is provided in Appendix E. CONCLUSION It is our hope that the Weld County Planning Commission and County Commissioners will look favorably on the approval of the amendment to the existing permit and allow the expansion of this commercial cattle feedlot. The applicant will provide adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood, Weld County and the State of Colorado. These provisions will be provided by meeting the criteria set in the Development Standards. 9C1.227:, APPENDIX A WELL PERMITS wRJ.5.n _ — COLORADO DIVISION OF WATER RESOURC r,CnC'I,CD .1 Columbine DIJg., 1845 Sherman 54,Deliver,Colorado BmdJ 1-2 V` PERMIT APPLICATION FORM /III APR 19'73 Application must be complete where ('AI A PERMIT TO USE GROUND WATER w+rc applicable. TYRE or IXI A PERMIT TO CONSTRUCT A WELL iZaiertae " pint in BLACK FOR: (X)A PERMIT TO INSTALL A PUMP aotu FFa , INK.No overstrikes :i + � or erasures unless I ( I REPLACEMENT FOR NO. initialed. i .. I OTHER • (1) APPLICANT•mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN'. 1 NAME SA E RCNT' E_ P lALS .1-b15s]G Receipt Nog D`1/�7�. / • • STREET I Basin �es/. Crank Dist. lion e. �... CITY tPiocoGN : COLO 80652, Is.ua Izim CONDITIONS OF APPROVAL • TELEPHONE NO.il'3 Z-4r`LGa`1 This welt shall he used in such a way as to cause no material injury to existing water rights. The.,,' (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County W Er-LE> right from seeking relief in a civil court action, NE /of me 11,1 1- %.Section ,,15. PIE ISSUANCE OF THIS PERMIT IS CONDITIONAL ON `` MEASUREMENT OF ANNUAL GROUND WATER WITHDRAWAL , Twp. Z— N,Rng._.o.?>_-_ )✓_, _Co T4 P.M. BY A METHOD AND PROCEDURE SATISFACTORY TO THE GROUND WATER COMMISSION UNDER EXISTING POLICY.4q,t4-1G'11 (3) WATER USE AND WELL DATA k ELECTRIC LOG ENTIRE; }IDLE PRIOR TO SETTING Proposed maximum pumping rate(gpml O CASING, BLANK CASING I4UST DE CERTIITED SOLID 10 PERT INTO THE FIRST IMPERVIOUS .SHALE AS Average annual amountl lucre f d(acre-feet): water �,O DETERMINED FROM THE ELECTRIC TOG. //r .G,.6..-g-'71.- to be appropriated ✓`L Number of acres to be irrigated: WO Nv Proposed total depth(feel): C ot O • Aquifer ground water is to be obtained from: _1_Q_x_L-Lt.L.L- __-- . Owner's well designation 'a / CC4(l!ZC7LC.Ll1 L , • GROUND WATER TO BC USF-_D{0R: 1 ) HOUSEHOLD USE ONLY•no ii/tendon(BI ( ' DOMESTIC. IH ( I INDUSTRIAL. (hl ' t 1 LIVESTOCK (2) ( I IRRIGATION pit (hl COMMERCIAL(4) ( )MUNICIPAL(SI . ( I OTHER WI APPLICATION APPROVED(� ) /� c PERMIT NUMBER_ 1 ` 30 f'a —/ (4) DRILLER DATE Issurn Name CrlN fr.iFl_lY DR I.L't/1dG Crt oM-a n 8 1P1 slrcct_iLD).t fiS_r51t.____20x_57% -'^•'"`/r,.;.- + " ,A City FTT_ n.ostrr!tldy. enc.O_SO 7°/ /, ( TA bNOINEE RI j-tam) ._ IiiGj Cr) '.',4 �i 69 Telephone Nn. —_w �� ..� P k ..L�_Lic.No._-7- —'— . - I- l L -, /9/(56/`.56 6O6"- 1/'),',ern/ 1" k C'# / �.sl L7j5 r 9€tzar ' WRJ•5!Rev. 76 COLORADO DIVISION OF WATER RESOURCES • RECEIVED . 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 JUN 2 4 1983 PERMIT APPLICATION FORM Application must WATER RESOURCES be complete where ( ) A PERMIT TO USE GROUND WATER Mee ENGINEER applicable. Type or ( 1 A PERMIT TO CONSTRUCT A WELL • MA print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP � INK.No overstrikes or erasures unless h4'REPLACEMENT FOR NO. Pi 13'29 s- F- initialed. ( IOTHER WATER COURT CASE N0. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN 40/ NAME LI D vd, 1 R /t a. Receipt No. 3e33y r- STREET 1UQ '2.1 Cnn .tfi—y Ft Ili Dr, Basin Dist. CITY (�j k, N C ate (/- c^O G of CONDITIONS OF APPROVAL / /' 4(State) (Z'rol TELEPHONE NO. S` I .3 IS--3 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water I right or preclude another owner of a vested water County (A7 •z d right from seeking relief in a civil court action. Ai E Z of the i\f g %, Section 9-o 1) APPROVED AS.A REPLACEMENT OF AN EXISTING Twp. 1 N PERMIT Rng. 43 Le 4 4' P.M. 2) THEEXI 9 STING WELL MUST BE PLUGGED AND tm,si Ie,wl ABANDONED ACCORDING TO THE RULES AND REGULATION (3) WATER USE AND WELL DATA FOR WATER WELL AND PUMP INSTALLATION CONTRACTOR THE ENCLOSED AFFIDAVIT FORM MUST BE SUBMITTED Proposed maximum pumping rate (gpm) 7 trD WITHIN SIXTY (60) DAYS AFTER THE CONSTRUCTION OF THE NEW WELL, AFFIRMING THAT WELL NO. Average annual amount of ground water 015295—F WAS PLUGGED AND ABANDONED. to be appropriated lacre-feet): 3°70 3) A TOTALIZING FLOW METER MUST BE INSTALLED Number of acres to be irrigated: d a ON THE WELL. ANNUAL DIVERSION RECORDS SHALL BE MAINTAINED BY THE WELL OWNER AND SUBMITTED Proposed total depth (feet): 9 Ct ' TO THE DIVISION OF WATER RESOURCES UPON REQUEST 4) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL Aquifer ground water is to be obtained from: NOT EXCEED 700 GPM. kJ LI- i `u vle1 5) THE AVERAGE ANNUAL APPROPRIATION OF THIS WELL SHALL NOT EXCEED 300 ACRE—FEET. Owner's well designation 6) APPROVAL OF THIS REPLACEMENT PERMIT SHALL NOT RESULT IN AN EXPANDED USE OF GROUND WATER GROUND WATER TO BE USED FOR: 7) THIS WELL SHALL BE CONSTRUCTED TO WITHDRAW ( ) HOUSEHOLD USE ONLY - no irrigation (0) WATER ONLY FROM THE ALLUVIUM OF LOST CREEK- ( 1 DOMESTIC (1) ( ) INDUSTRIAL 151 g) THE ISSUANCE OF THIS REPLACEMENT PERMIT IS LIVESTOCK 121 ?.4 IRRIGATION 161 DEPENDENT ON THE EXPIRATION OF A REPLACEMENT 1 1 COMMERCIAL 141 1 MUNICIPAL IB) PERMIT ISSUED OCTOBER 25, 1982 UNDER PERMIT N0. 1 I OTHER (91 Thr Ig at-I b., 1 Feed lot APPLICATION APPROVED 15295-F• /7.472 DETAIL THE USE ON BACK IN (11) PERMIT NUMBER ' S 2.9.g-p F �/Z /83 (4) DRILLER DATE ISSUED JUL 2 9 1983 Name 14 ck.11 Cr sit nt"1 1i i v._r. EXPIRATI N DATE OCT 26 1983 Street J / J a• AY 2 /, City .h1 1-P v`ity hi hi., „(STAT/E` ENGINEER) ( fate) (Zip) 7242 BY ,�2�7-.c2f LLL 2i,GL=tiG2 Telephone No. Lic. No. 'I.D. COUNTY 9It _ r1,� ,2 :'' APPENDIX B SOILS INFORMATION SHEET NO. 33 WELD COUNTY,COLORADO, SOUTHERN PART (PROSPECT VALLEY QUADRANGLE) 104°22'30" R.63 W R:62 W. r. is �., x iy, 12-4' s-�' r x ErJi` i t 40°07'30" a "� c� �g'� f 5 1 v 69 69 39 �� 46F 5 \_..c � 1. A 2 111A ',- t' * 4 ° � *` '3 a d ° 7i�[ 49 � . r „-' x 5� rc.e.I ' t _ r Subject P� Y �'ss 7 d rx s , {1 k 3 . k , a i^ • •v t lx .��� , 14 - o< r 1 1 } y �nP 5* ,'+�,.'�. sI e l't.Al*"Y M h µ...'�} � 5` f r � \ 1 'y , H-, a fir? it * T '� �` L '�! avf 6.� I� 17' 4'1A°, :iy� 3 Fk k'N rte, .'n r erv. _1044 f .alma.%-„r c �4 P r � , -", .c.,e"i�' n-As ' v"arx v3 1 eeJ^r"^- }� i .0,,,,,,,..,..,,,,,„ 1 f%J (�/�� �1 J C J.:. „, \ y > s 7A 7:27 ._ � ,'°17 ,'kt�".i'. i2rFzk -k > ci!�„ '1 e ^� Il � 'u_ '' �K 4!q [ %(), .f , ..42).* 4 1 �ya ' • 39 f-r' M 1 !...� ' S� }' � D ^r 4Lji o CANA1y -15 AL'si:il P.Ixm✓ A . p I "I " '�a"'t" •�ac ;.. J ee � p. 911 Y `� n � ]�wfi?4?; Y r'n".. /^� i VC i.Y' r [ 'Yo S J 1x 'tr '� � 1w !15 rw ,,,,.Ry i 78 ,._ �� Y i 15 !i;- / Z. .: f / y�g .y�: t{ (4 1 1 � � �'k''�4r'�4", .f •k � 1 c p y 5 mow' f Y;�1?-r nK 25 P6 'LI 7 i � 1 w �S N L at :: :4‘.: '..;,'S.,41''' uca �p r 26 O2 L.i CG<L�C' 1 lkA i/ fr '�$ p�.fb,..7w'.2 1�h 'a � p }' r M �.Y`.. jl< _ .h R� :.:1/4-:-al hiiq,�Z S yy ` �r �1 r" y 1 -.Y 7 '5r-� 79 z .. _ y,. / s. H __ —_ `15 . . __—__ — X9'3 a' ae '.cil i.,f fs 3, ? 4 1 ,::-.2.,„).,.; t 2 39 xa ° / I. '4,4,31 .-.4 r ?4,F a x , t • ..'k . 76 � 1 ��+i a'y9 x w '... I °C1C1t?i 7 ra w n # I IGI .x;, •j s xi 5 7 ' WELD COUNTY, COLORADO, SOUTHERN I..h'T 9 These are deep, poorly drained soils that formed in If summer fallowed in alternate years, this soil is well recent alluvium. No one pedon is typical. Commonly the suited to winter wheat, barley, and sorghum. Winter soils have a mottled, mildly to moderately alkaline loamy wheat is the principal crop. The predicted average yield is or clayey surface layer and underlying material that ex- 33 bushels per acre. If the crop is winterkilled, spring tends to a depth of 60 inches or more. In places they have wheat can be seeded. Generally precipitation is too low a gleyed layer in the underlying material. for beneficial use of fertilizer. Most of the acreage is subject to excessive runoff. The Stubble mulch farming, striperopping. and minimum til- water table is at or near the surface in spring and during lage are needed to control soil blowing and water erosion. the peak of the irrigation season. Terracing also may be needed to control water erosion. These soils are used for rangeland and wildlife habitat. The potential native vegetation on this range site is -Some small areas are irrigated pasture. dominated by sand bluestem, sand reedgrass, and blue -The potential native vegetation is dominated by grama. Needleandthread, switchgrass, sideoats grama, switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and western wheatgrass are also prominent. Potential -big bluestem, indiangrass, western wheatgrass, slender production ranges from 2,200 pounds per acre in favora- wheatgrass, sedge, and rush. Cattails and bullrush grow ble years to 1,800 pounds in unfavorable years. As range in the swampy spots associated with these range sites. condition deteriorates, the sand bluestem, sand reedgrass, Potential production ranges from 4,000 pounds per acre in and switchgrass decrease and blue grama, sand dropseed. favorable years to 3,000 pounds in unfavorable years. As and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. range condition deteriorates, the tall and mid grasses Management of vegetation should be based on taking decrease, production drops, and saltgrass, sedge, and rush half and leaving half of the total annual production. Seed- increase. The farming and irrigation in adjacent areas has ing is desirable if the range is in poor condition. Sand increased the amount of salts on much of the acreage. bluestem, sand reedgrass, switchgrass, sideoats grama. Management of vegetation on this soli should be based blue grama, pubescent wheatgrass, and crested wheat- on taking half and leaving half of the total annual produc- glass are suitable for seeding. The grass selected should lion. Switchgrass, big bluestem, indiangrass, western meet the seasonal requirements of livestock. It can be wheatgrass, pubescent wheatgrass, intermediate wheat- seeded into adean,-firm sorghum stubble, or it can be grass, tall wheatgrass, and tall fescue are suitable for drilled into a firm prepared seedbed. Seeding early in seeding. The plants selected should met the seasonal spring has proven most successful. requirements of livestock. For successful seeding, a firm Windbreaks and environmental plantings are generally prepared seedbed is needed. A grass drill should be used. suited to this soil. Soil blowing, the principal hazard in Seeding early in spring has proven most successful. Til- establishing trees and shrubs, can be controlled by cul- lage is needed to eliminate the undesirable vegetation. tivating only in the tree row and by leaving a strip of Wetland wildlife, especially waterfowl, utilize this unit. vegetation between the rows. Supplemental irrigation The wetland plants provide nesting and protective cover may be needed at the time of planting and during dry as well as some food. The nearby irrigated cropland, periods. Trees that are best suited and have good survival where wildlife obtain much of their food and find protec- are Rocky Mountain juniper, eastern redcedar, ponderosa tive cover, makes this unit valuable to both wetland and pine, Siberian elm, Russian-olive, and hackberry. The openland wildlife. shrubs best suited are skunkbush sumac, lilac, and Siberi- Openland wildlife, especially pheasant, use this unit for an peashrub. cover and nesting. Deer find excellent cover in some Wildlife is an important secondary use of this soil. The areas. These valuable -wildlife areas should be protected cropland areas provide favorable habitat for ring-necked from fire and fenced to prevent encroachment and pheasant and mourning dove. Many nongame species can overuse by livestock. They should not be drained. Capa- be attracted by establishing areas for nesting and escape bility subclass VIw; Aquolls in Salt Meadow range site, cover. For pheasants, undisturbed nesting cover is essen- Aquepts in Wet Meadow range site. tial and should be included in plans for habitat develop- -- >ill—Ascalon sandy loam, 1 to 3 percent slopes. This is ment. Rangeland wildlife, for example, the pronghorn an- a deep, well drained soil on uplands at elevations of 4,600 telope, can be attracted by developing livestock watering to 5,200 feet. It formed in alluvium. Included in mapping facilities, managing livestock grazing, and reseeding are small areas of rock outcrop. where needed. Typically the surface layer is brown sandy loam about Few areas of this Ascalon soil are in major growth and 10 inches thick. The subsoil is pale brown and yellowish urbanized centers. The shrink-swell potential of the sub- brown sandy clay loam about 15 inches thick. The sub- soil as it wets and dries is the most limiting soil feature stratum to a depth of 60 inches is calcareous fine sandy that must be considered in planning homesites and con- loam. strutting roads. Capability subclass IIIe nonirrigated; Permeability is moderate. Available water capacity is Sandy Plains range site. high. The effective rooting depth is 60 inches or more. 6—Ascalon sandy loam, 3 to 5 percent slopes. This is Surface runoff is slow, and the erosion hazard is low. a deep, well drained soil on uplands at elevations of 4,600 c 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reedgrass, shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grama, sand dropseed, an 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, and pubescent wheatgrass are suita- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil. a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven.most successful. rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of —j 47 Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer of this Olney soil is grayish an peashrub. - brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low, land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but_furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for top yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or a" r-f-: . ri. 124 SOIL SURVEY TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS [The symbol < means less than; > means greater than. Absence of an entry means data were not estimated) Classification Frag- Percentage passing ' Soil name and Depth USDA texture manta sieve number-- ',Liquid Plas- map symbol Unified AASHTO > 3 ` I limit ticity inches 4 10 40 200 index In Pct Pct 1 , 2 0-10 Loam CL-ML A-4 0 90-100 85-100 60-95 50-75 20-30 5-10 Altvan 10-25 Clay loam, loam CL A-6, A-7 0 95-100 95-100 85-100 70-80 35-50 15-25 25-60 Sand and gravel SP, SP-SM A-1 0 75-95 70-90 25-35 0-10 --- NP 3': Aquolls 0-48 Variable --- ___ ___ ___ ___ ___ ___ ___ --- 48-60 Sand, gravelly SP, SP-SM A-1 0-10 ,60-90 ;50-70 30-50 0-10 --- NP sand. Aquents 0-48 Variable --- ___ ___ ___ ___ ___ ___ ___ --- 48-60 Sand and gravel SP, SP-SM A-1 0-10 60-90 150-70 30-50 0-10 --- NP 4. Aquolls 0-60',Variable --- ___ Aquepts 0-601Variable 5, 6, 7 0_q ;Sandy loam SM A-2, A-4 0 195-100',90-100170-95 125-50 15-25 NP-5 Ascalon 8-18 Sandy clay loam SC, CL A-6 0 ',95-100',90-100180-100',40-55 20-40 10-20 118-60 Sandy loam, SC, A-4, A_6 0 195-100195-100;75-95 135-65 20-40 5-15 I sandy clay S4-SC, loam, fine CL Sandy loam. CL-ML . 9 0-3 Loam 1SM A-2, A-4 0 95-100190-100170-95 ;25-50 15-25 1 NP-5 Ascalon 8-18 Sandy clay loam :SC, CL A-6 0 95-100 90-100;80-100;40-55 20-40 10-20 18-60 Sandy loam, ;SC, A-4, A-6 0 95-100 95-100175-95 135-65 20-40 5-15 sandy clay ; SM-SC, loam, fine ' CL, sandy loam. ' CL-ML 17 7-4 Sandy loam 1SM A-2, A-4 0 95-100190-100,60-70 130-40 --- NP Rankara 4-60 Fine sand, sand, ;SP-SM, SM A-2, 0-5 70-100160-100',40-70 ; 5-25 --- NP gravelly sand. A_3, 1 A-1 It , 12 0-16 Sandy loam 1SM ',A-1 , A-2 0 95-100175-100',35-50 120-35 15-25 44-5 sser c-25 Sandy clay '-cam IA-2, 9 95-100175-100 50-'0 30-50 90-55 -25 A-6. A-7 25-30 .Sandy loam, !SC, S7-SC',A-2, A-1 0 90-100160-100 30-60 20-30 25-35 1 5-15 coarse sandy loam, eravelly sandy foam. 30-60 ',Loamy coarse SP-S7 ',A-2, A-1 0-5 80-100',35-85 120-50 5-10 20-30 5-10 sand, gravelly loamy sand, very gravelly loamy sand. ' ' 9-9 Sravelly sandy 7M ', A-1 , A-2 0-15 50-65 150-60 ,'15-40 110-35 --- NP .s_al^ foam. a-31 very gravelly '',GP-G•4 A-1 0-15 15-50 15-50 5-30 0-20 --- NP sandy loam ' CP. _M very gravelly loamy sand , 1 - i very gravelly and . 41-50;Very gravelly 7P, 25, A-1 0-15 110-60 10-60 1 5-30 0-10 --- '1P loamy sand . GP- very gravelly . sand, gravelly I sand. .__ `dltocte at end of table. Eg;122: 126 SOIL SURVEY TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS--Continued Classification Frag- m Percentage passing Soil name and ;Depth USDA texture ments sieve number-- ;Liquid Plas- map symbol Unified AASHTO > 3 I limit ticity ' inches 4 10 40 1 200 I index In Pct pct 36': Shingl., 0-6 Loam CL-ML A-4 0-5 75-100 75-100 70-95 55-75 25-35 5-10 6-18 Clay loam, loam CL A-6 0 75-100 75-100 65-100 50-80 ; 30-40 10-20 18 Unweathered ___ ___ --- --- --- --- --- ___ _-- bedrock. 37, 38 0-9 Fine sandy loam ML, SM A-4 0-5 75-100 75-100 70-90 45-60 I --- NP Nelson 9-30 Fine sandy loam, SM, ML A-4, A-2 0 75-100 75-100 60-85 30-55 --- NP sandy loam. 30 Weathered ___ ___ ___ ___ ___ ___ ___ ___ --- bedrock. 39, 40 0-9 Loam 'CL, SC A-6 0-5 95-100 80-95 70-95 45-75 ; 25-40 10-20 Nunn 9-29 Clay loam, clay CL, CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 1 35-60 20-35 129-60 Clay loam, loam, ,CL,CL, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 sandy loam. I CL-ML, A-6, SM-SC, A-2 SC 411 , 42 7-9 Clay loam CL, SC A-6 0-5 95-100 80-95 70-95 45-75 25-40 10-20 Nunn 9-29 Clay loam, clay CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 15-60 20-35 ;29-60 Clay loam, loam, Ci, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 ' sandy loam. CL-ML, A-6, I SM-SC, A-2 I SC . 43 0-9 !Loamy sand ;SM A-2 0-5 95-100 80-95 60-80 20-30 --- NP Munn 1 9-301C1ay loam, clay ICL, CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 35-60 20-35 •30-60 Clay loam, 1oam, ICL, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 , sandy loam. ; CL-ML, A-6, I SM-SC, A-2 ; SC 04, 45 7-10 Loamy sand ;SM A-2 0 95-100 90-100 60-90 ;15-25 --- NP Olney ; 70-20 Sandy clay loam SC, CL ,A-6 0 95-100 90-100 80-100;40-55 20-40 10-20 120-25 Sandy loam, SC, ;A-4, A-6 0 95-100 95-100 75-95 ;35-55 1 20-35 5-15 sandy clay SM-SC, loam, fine CL, ' sandy loam. CL-ML '25-60 Fine sandy loam, SM A-2 7 95-100 95-100 70-95 27-35 --- NP loamy fire sand. :-10 Fine sandy loam ISM A-2 0 95_100 90-100 77-95 27-35 5-25 NP-5 >;ney -'7-20 Sandy clay loam ;SC, CL A-6 0 95-100 90-100 80-100 35-55 ' _7-40 t0-20 27-25 Sandy loam, SC ,^,A-4, _6 35 95-100 95-100 75-95 -55 ; 90-35 5-15 sandy clay SM-SC, ' I loam, fine CL, sandy loam. 1 CL-ML 25-60 Fine sandy 1oam, ISM A-2 0 95-100;95-100 70-95 20-35 --- NP loamy fine sand. 221Sand ISM A-2 0 1^7 100 65-80 15-30 -- NP :Osgood 22-34 ',Sandy loam ;S'M ,A-2, A-4 0 1,70 100 60-80 130-40 --- � MP • 34_601Loamy sand, sand',SM ;A-2 0 100 95-100 50-75 119-25 --- NP 62, 5, , _, 53 12:Sandy loam '1SM A-2 0-1 95-100;75-100 50-80 x 5 ',20-35 --- AP ;tern '2-60:Sandy loam, f_neISM A-2, A-1 0-1 9C-100150-100 40-80 ;20-35 --- NP sandy Loam, I gravelly sandy loam. ' 1 7-20 Loam A-4 0 95-100190-170 75-95 155-75 1 -35 NP-5 ?soli -25 Fine sandy loam„S.. A-4 7 __-120180-100 60-85 135-50 I --- SP sandy _tam. • _5-60 Pine sandy loam, SM ',A-2, A-4 7 5-'70;75-100 55-85 130-50 --- NP sandy '_cam. .__ footnote at end of table. �c/a.�y V0 b,^cYllil7 I WELD COUNTY, COLORADO, SOUTHERN PART 129 TABLE 13•--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated] r T Risk of corrosion I Erosionl Wind Soil name and Depth Permea- Available Soil Salinity) Shrink- ; factorslerodi- map symbol bility water reaction swell Uncoated Concrete 1 Ibility capacity :potential steel 1 K_ T :group_ In In/hr In/in Eli Mmhos/cm; 1 , 2 0-10 0.6-2.0 0.20-0.24 6.6-7.8 --- ;Low Moderate Low ;0.24 3 5 Altvan 10-25 0.6-2.0 0.15-0.17 7.4-8,4 <2 ;Moderate Moderate Low 10.28 . 25-60 >20 0.02-0.04 7.4-9.0 <2 Low Moderate Low 10. 10 3•. Aquolls 0-48 48-60 >20 0.04-0.06 7.4-8,4 2-16 ,Low High Moderate --- Aquents 0-48 --- --- --- --- --- --- --- 48-60 >20 0.04-0.06 7.4-8.4 2-16 ;Low High Moderate --- 4*: Aquolls 0-60 Aquepts 0-60 5, 6, 7, 8, 9 0-8 0.6-6.0 0.11-0. 16 6.6-7.8 <2 :Low Low Low c. 17 5 2 Ascalon 8-18 0.6-2.0 0.13-0.15 6.6-7.8 <2 :Moderate ,Moderate Low 0.24 18-60 0.6-6.0 0. 11-0.15 7.9-8.4 <2 :Low :Moderate Low ,7.24 I I E 10 0-4 2.0-6.0 0.09-0. 12 7.4-8.4 ; <2 ;Low ;Moderate Low C. 10 5 _• Bankard 4-60 6.0-20 0.05-0.08 7.4-8.4 <2 ',Low ;Moderate :Low :0.10 11 , 12 0-16 0.6-6.0 0.11-0.13 6. 1-7.3 --- ;Low ;Low ;Low 10.10 5 - Bresser 16-25 0.6-2.0 0. 15-0. 18 6.6-7.3 --- ;Low ;Moderate ;Lou 7.. 15 I 25-30 0.6-6.0 0.10-0.13 6.6-7.3 --- :Low :Low :Low 10.10 30-60 2.0-20 0.05-0.08 6.6-7.3 --- :Low ;Low ;Low ;0. 10 13 0-9 2.0-6.0 0.07-0.09 7.4-8.4 <2 ;Low (Moderate ;Low :0. 10 5 3 Cascajo 9-31 6.0-20 0.05-0.08 7.4-8.4 <2 ',Low ;Moderate :Low :0.10 31-60 6.0-20 0.05-0.06 7.4-8.4 <2 Low ;Moderate ;Low :C. 17 14, 15, 16, 17 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low :Moderate !Low 3'! 5 Colby 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low -Moderate !Lou :0.3, 18•• Colby 0-7 0.6-2.0 0.20-0.24 5.5-8.4 <2 1'_ow Moderate !Low 57 5 -- 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 :Low moderate 1'_oa Adena 0-6 0.6-2.0 0.18-0.21 6.6-7.8 <2 'Low ,Moderate !Low 6-9 0.06-0.2 0.16-0. 18 6.6-7.8 <2 !Nigh !High !Low '.H.24 ' 9-60 0.6-2.0 0.16-0.18 7.4-8.4 <2 :Low 'High :Low 19, 20 0-14 0.6-2.0 0.14-0. 18 7.4-8.4 <2 :tow :High !Low :0.32 - Colombo 14-21 0.6-2.0 0. 14-0. 16 7.4-8.4 <2 :Moderate !High J.,ow H.n8 21-60 0.6-2.0 0.14-0.16 7.4-8.4 <2 :Low ;High :Low :7.23 21 , 22 _ 0-12 0.2-0.6 0.19-0.21 6.6-7.8 <2 ',Moderate ;Moderate !Loa ,1.24 3 I Dacono 12-21 0.2-0.6 0. 15-0.21 7.4-8.4 <2 ;High ;High 'Low '4 ' 21-27 0.2-2.0 0.13-0.18 7.4-8.4 <2 !noderate :High !Low "'. 27-60 >20 0.03-0.05 7.4-8.4 <2 :Low IHio: !Lou ' 23, 24 0-7 0.6-2.0 0. 16-0.20 6.6-7.8 2 :Low ;Moderate ;!ow _ Fort Collins 7-11 0.6-2.0 0.16-0.18 7.4-7.3 <2 !Moderate Inoderate !Low 11-60 0.6-2.0 0.16-0. 18 7.4-8.4 <2 :Low !High !Law 25, 26 0-4 0.6-2.0 0. 14-0. 18 6.6-8.4 <8 :Low !High :tow _ Haverson 4-60 0.5-2.0 0.14-0.18 7.4_8.4 <3 :Low !High. :Lod .- 27, 28 0-60 0.06-0.6 0.12_0.17 7.9-9.0 <3 '.'High !High 'Nig'. ._ Heldt See footnote at end of table. 130 SOIL SURVEY TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS--Continued ; Risk_of corrosion -rosionl'dind Soil name and Depth; Permea- Available Soil ;Salinity Shrink- factors;erodi- map symbol bility water reaction 1 swell ;Uncoated : Concrete Ibility capacity potential I steel 1 Z T Igro_u_p__ In In/hr In/in pH Mmhos/cm 29, 30 0-12 2.0-20 0.11-0.15 6.6-7.8 <2 Low ,Moderate :Low n.24 5 3 Julesburg 12-27 2.0-20 0.11-0.15 6.6-7.8 <2 Low Moderate :Low 0.24 27-60 >6.0 0.05-0.13 6.6-7.8 <2 Low Moderate ;Low 0.27 31 , 32, 33, 34 0-12 0.6-2.0 0. 16-0.18 7.9-8.4 <2 Low Moderate Low ;.32 5 4L Kim 12-60 0.6-2.0 0.15-0.17 7.9-8.4 <2 Low Moderate Low 9.32 35': Loup 0-16 6.0-20 0. 10-0.14 6.6-8.4 <2 Low High Low 9. 17 5 ! 2 16-60 6.0-20 0.06-0.08 7.4-8.4 <2 Low High Low 9.17 Boel 0-14 6.0-20 0.10-0.12 6.6-8.4 <2 Low High :Low 2.17 5 2 14-60 6.0-20 0.05-0.07 6.6-8.4 <2 Low High :Low 9. 17 36e. Midway 0-13 0.06-0.2 0.12-0.17 7.9-9.0 2-8 (High High :Low 9.43 1 4 13 --- --- Shingle 0-6 0.6-2.0 0. 16-0. 18 7.4-9.0 <2 Low High :Low - 4L 6-18 0.6-2.0 0.16-0.21 7.9-9,0 <2 :Moderate High ;Low 9..9 18 ___ ___ ___ . 37, 38 0-9 2.0-6.0 0. 13-0. 15 7.9-8.4 <2 Low High 'Low 0.201 2 _ Nelson 9-30 2.0-6.0 0.11-0.13 7.9-8.4 <2 Low High !Low -.291 30 ___ -_- ___ ___ ; 39, 40, 41 , 42 0-9 0.2-2.0 0. 15-0.20 6.6-7.8 <2 Moderate Moderate ;Low 19.241 5 5 Nunn 9-29 0.06-0.6 0.15-0.18 7.4-8.4 <2 High High :Lou 281 29-60 0.2-2.0 0. 10-0.18 7.4-8.4 <2 Moderate High :Low 12 24 ' 43 0-9 2.0-6.0 0.10-0.14 6.6-7.8 <2 Low Moderate ;Low 17. 151 5 3 Nunn 9-29 0.06-0.6 0.15-0.18 7.4-8.4 <2 High High ;Low 9.231 29-60 0.2-2.0 0.10-0. 18 7.4-8.4 <2 Moderate High :Low 1?.24 44, 45 0-10 6.0-20 0.06-0. 10 6.6-7.8 <2 Low Low !Low 9. 171 5 _ Olney 10-20 0.6-2.0 0.13-0.15 6.6-7.8 <2 Moderate High :Low 24 ' 20-25 0.6-6.0 0.11-0. 15 7.9-8.4 <2 Low (High ;Low 25-60 2.0-6.0 0.06-0.13 7.9-8.4 <2 Low ;High :Low ._ ' 46, 47, 48 0-101 0.6-6.0 0. 11-0.15 6.6-7.8 <2 ;Low ;Moderate 'Low Olney 10_20 0.6-2.0 0. 13-0. 15 6.6-7.8 <2 ',Moderate ;High 'Tow -� 20-25 0.6-6.0 0.11-0.15 7.9-8.4 <2 ;Low IHigh ''Lo'w 25-60 2.0-6.0 0.06-0. 13 7.9-8.4 <2 'Low ',9igh 'Low ._ 49 0-22 6.0-20 0.05-0.08 6.6-7.3 --- Low :Low 1'_ow - ' Osgood 22-34 2.0-6.0 0.10-0.13 6.6-7.3 --- Low ',Low '.!.ow 1 34-60 6.0-20 0.06-0.08 6.6-8.4 <2 Low :Moderate :Low .. 1C', ' 50, 51 , 52, 53 0-12 6.0-20 0.09-0. 13 7.4-8.4 <2 Low (High :Low D. 19, 5. Otero 12-60 6.0-20 0.08-0.12 7.4-8.4 <4 Low :High !Low . 1]I I 54, 55 0-20; 0.6-2.0 0.16-0.18 6.6-7.3 --- :Low :Moderate :Low -'.29 ! Paoli 20-251 >6.0 0. 14-0. 17 7.4-7.8 <2 '''_ow (High :Low 2^'. 25-601 >6.0 0.12-0.14 7.4-8.4 <2 ',Low ;High ILaw '.27 • 56, 57 0-9 1 0.2-0.6 0.17-0.21 6.6-7.8 <2 ;:Moderate High :Low 1.771 3 _ Renohill 9-32;0.06-0.2 0.14-0. 16. 6.6-8.4 <2 :High :High '.Low .32' 32 ' 58, 59 0-6 ; 0.6-2.0 0.16-0.181 7.4-9.0 <2 ,'Low ;High :Low 4?' _ cr - Shingle 6-181 0.6-2.0 0.16-0.211 7.9-9.0 <2 :Moderate (High ;Lou 9.4C I 19 ' 50k. • . Shingle 0-6 : 0.6-2.0 0. 16-0.18 7.4-9.0 <2 :Low :pig'.. I_ow ' 4L 6-18; 0.6-2.0 0.16-0.21 ', 7.9-9.0 <2 :Moderate :High '.Low See footnote at end of table. QC 1 ?27 132 SOIL SURVEY TABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." The symbol < means less than; > means greater than] Flooding High water table Bedrock Soil name and ;Hydro- Potential map symbol logic Frequency Duration Months Depth Kind Months Depth Hard- frost group mess action Ft In 1 , 2 0 None --- --- >6.0 --- --- >60 --- Moderate. Altvan 3': Aquolls D Frequent---- Brief Apr-Jun 0.5-1 .0 Apparent Apr-Jun >60 --- High. Aquents D Frequent----;Brief Apr-Jun 0.5-1 .0 Apparent Apr-Jun >60 --- High. pi Aquolls D Frequent----;Brief Apr-Jun 0.5-1.5 Apparent Apr-Jun >60 --- High. Aquepts D Frequent---- Brief Apr-Jun,0.5-1 .5 Apparent Apr-Jun, >60 --- High. , 5, 6, 7, 1, 9 B ;None --- --_ >6.0 --- --- >60 --- Moderate. Ascalon I 10- I, A ;Frequent Brief Mar-Jun >6.0 --- >60 --- Low. Bankard 11 , 12 B ;None --- ___ >6.0 --- --- >60 --- Moderate. Presser 13 A None --- --- >6.0 --- --- >60 --- Low. Cascajo 14, 15 16, 1?____'i B ;hone ___ >6.0 ___ ___ >60 ___ Lou. Colby , iColby B None ___ ___ >6.0 ___ ___ ___ , >fi0 Low. Aden a ., 'lone ___ ___ >6.0 ___ ___ >60 ; ___ Lou. 19, 20 B Rare_ --- --- >6.0 ___ ___ >60 --- Moderate. Colombo 21 , on C 'lone ___ ___ >6,p ___ ___ >60 ___ Low. 9 acno ',. �rt � ___Collins __ ___ >60 ___ Low. >6.0 ___3 t B Vane to rare' 25, 25 B Rare to Brief ;May-Sep', >6.0 --- --- >60 --- ,Low. Meyerson common. 27, 28 C Hone ___ >6.0 ___ ___ >60 ___ Low. Heldt >0 22 A None ___ ___ >5.0 ___ ___ >6> ___ Moderate. Julesbure 3' , 32, 33, 3u____; B `:one ___ ___ >6.0 • ___ ___ >60 ___ ._Low. Kim RR*: Loup D , Rare to grief ,Mar-jurl..5-1 .5 'Apparent',Nov_fegy' >63. ___ Moderate. common. eoei A ',Occasional Tier .Mar-Jun 1 .5-3.5 ' =.=parentlNov-pay >6D --- Moderate. u6*. Midway ___ 1n_ D 'lone � ___ ___ > ' 6.7 --- 2°I Rip- Low. pable See footnote at end of table. 20'1.,22, • WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 14.--SOIL AND WATER FEATURES--Continued Flooding High water table 1 Bedrock Soil name and Hydro- Potential map symbol logic Frequency Duration Months Depth I Kind IMonths IDepthlHard- frost group 1 ness action Ft In , 36•• Shingle D None --- --- >6.0 --- --- 10-20:Rip- ILow. pablel 37, 38 a None --- --- >6.0 --- --- 20-401Rip- Low. Nelson I pable 39, 40, 41 , 42, 43 C None --- --- >6.0 --- --- >60 --- Moderate. Nunn 44, 45, 46, 47, 48 B None --- --- >6.0 --- --- >60 --- Low. Olney 49 A None , --- --- >6.0 --- --- >60 --- Low. Osgood 50, 51 , 52, 53---- B None --- --- >6.0 --- --- >60 --- '_ow. Otero 54, 55 B None to rare --- --- >6.0 --- --- >60 --- :Moderate. Paoli 56, 57 C None --- --- >6.0 --- --- 120-40 Rip- :Low. Renohill pablel 58, 59 D None --- --- >6.0 --- --- 110-20 Rip- ;Low. Shingle pablel 60*• Shingle D None --- --- >6.0 --- --- 10-20 Rip- :Low. pablel Renohill C None --- --- >6.0 --- --- X120-4n ,Rip- :Low. pable! 61 D None _ --- --- >6.0 --- --- "1.0-20 ,Rip- :Low. Tassel pable: 52, 63 B None ___ --- >6.0 --- --- ITO-AO Aio- :Low. Terry pa_b1e' 54, 65 C None ___ ___ >6.0 --- --- 29-40', Ric- :Low. Thedalund pap-el 66, 67 1 C None --- --- >6.0 --- --- >50 --- LDw. Ulm 68` A None ___ --- >6.0 --- --- >50 --- Law. Ustic 7orriorthents 69, 70 A !None --- --- >6.0 --- --- >50 --- !Low. Valent 71'. Valent A :None --- --- I >6.0 --- --- >5: --- "_ow. Loup D ;Rare to ; Brief IMar-Junl..5-1.5 Apparent:Nov-may! >5J --- :moderate . I common. • 72, 73, 74, 75, 76, 77 B None ___ ___ >6.0 ___ ___ >50 --- Ow. Vona See footnote at end of table. se9BC 7, 27 APPENDIX C DEED :.. ,,., rt •a. . ' r t I l' I J1R221V106 Rcee ..B lit 2EC 02214106 05/16/90 15:55 00 1/002 .; nee. F 070„ MARY ANN FEUERSTEIN CLERK i RECOIL. WELD CO, CO J. N. Thompson Farms, Inc. r .`- State Documentary fee :.i Date....Z:4(e:: .0 x . ' a corporation duly organized and existing under and by virtue of g $ -20. 00 ,tt.( "• g +• ` the lass of the State of Colorado ,-I „ 7 + , ` „ ;i r` whose address is 15366 Road O, Fort Morgan, Colora o ',K 'x c,L r L. , "' County of Morgan ,and State of `( i ."II I y ,�. Colorado ,for the consideration of Ten Dollars MBA, ,4 3i �tar + and other valuable consideration in hand paid,hereby sell(s) and convey(s) to Richard Hessee -,�, ' fs : - '1' „ ' • + iFt jg$� : t" r� '* Is ) )+ ill ' I` whose legal address is 35895 WCR 18, Roggen, CO 80652 , County of +; I;, 1 k ir,+ Weld ,and State of Colorado ,the following real property in the I1 Nt' I• F} 1 County of Weld ,and State of Colorado, to wit: ,?'"14 Y. �II4I l' )J See Exhibit A Attached: �# r .c, 1, ll-5• I `. Including all water, water rights pertaining thereto owned by {g. grantor including specifically the wells with State Permit ' X015295-F and N017306-F; -1 Excepting unto the grantor all previous oil, gas and other �'.- - :r:" mineral reservations of record, a - §§ ,-' Cf. alsaisuernsansassengsret1entbsK T} 't 8• Mi` ii .? Y.- 4`r f• r ., with all its appurtenances,and warrant(s) the title to the same,subject to taxes of 1990 due ' and payable in 1991 ; rights of way, easements and oil and gas leases " `. of record) including but not limited to a right of way for public e � '.,``"- "''„1.1.,:-...4:1":,. highway recorded in Book 884 at page 439. x- �`" - zy. h--$,,,.F....-2'. ?," t$. X: F3�, ar; sd -;r` -Sti �' '.> 11 this 1 5 day of MaY .19 90 ��..3E �,. • s; ,h:; _\.p5. .. 4 J. N. Thompson Farms, Inc. -,,..-4,t, . A o. O t. c. X �� Sr— - `4 az N ` 'c" .�`.sIC .r -<21 V�1�a/,,/M1�/!�jf'ith,LL... By -`//..`9` •n' j/ Secretary. {� Pru:dent ..t • ' U e�, • � a 0.11.....Sr•�DF.,COLORADO, �ee• , ' -u x county. of Morgan '� 1 The foregoing instrument was acknowledged before me this 15 day as May $ v..' a i a `-, 19 90,by J. N. Thompson as President and .-‘1-.1v-c-.....--,.` Susan JSlek as Secretary of -c � - .. e . J. N. Thompson Farms, Inc. a corporation. ' c: , , J •: r Dly commission expires . ''' 0. Witneu my hand and official seal. .e � -144,--, INetaryAtblle. 1, � tn‘ ?Ifni 1r tf ' I4 Nip.mnc waauwrro —ne.lama ism rrksma e+.e.saw.«en.e.a.t..w.coen,—„mm+tm_au ® 'i g I 1 -$ •y s4i,'�.e,iCt, :f�. - 4y Y . Ed�R'_ . � .. a'a s ' B 1264 R—_ 02214106 05/16/90 11:55 510. 2 I trCitt . F 0769 NARY ANN FEUERSTEIN CLERIC 6 RECORDER WP1.0 «C . . r4t(.1.4.1$1 4. ...7 • m _^ '� ₹ 5 d ro 1 'tl' 4c. ;Y gam.: ; Y r Y } ' . wM e. w ✓ �.��''174-(70:(410(r .. .. EXHIBIT "A" - K � ' , k- .., PARCEL 1 . rtra"�� tr w 3'. . .n. '$!A a i' .,,,. �4. sc.: Let A of Recorded Exemption No. 1303-24-4-RE473, recorded January 21, ,n ,5 : 1981 in Book 925 as Reception No. 1847466, being more particularly , :•*sh ST. g c..s described as follows: • A parcel of land located in the SE4 of Section 24, Township 2 North, r Range 63 West of the 6th P.M. , being more particularly described 'z as follows: : " 0s --- BEGINNING at the Southeast corner of said Section 24 and considering ' • 4_ the East line of said section as bearing N00.00'00"E, with all other c e - bearings contained herein relative thereto; ; - a . thence N00.00'00"E, along said East line, 1366.65 feet; „y • t , thence N89.45'12"W, 951.32 feet; �_ ' thence 600.01'12'E, 567.31 feet; ' • thence 530.57'42"W, 124.71 feet; ` "`•' thence 502.36'02"E, 442.16 £eet; � ? thence 520.19'14"E, 34.42 feet; , v� thence 600.24'38"W, 218.75 feet to a point on the South line of said ., .....012,144,- Section 24; " ' thence 589.46'49"E, along said South line, 984.83 feet to the POINT b --:' -g• c'. OF BEGINNING. .K. s 3 1 9 PARCEL 2 • ' Lot A of Recorded Exemption NC. 1477-25-1-RE 474, recorded January 21, r -_' • i 1981 in Book 925 as Reception No. 1847468, being more particularly Q,• S, : I. described as follows: 4 A parcel o£ land located in the NE4 of Section 25, Township 2 North, ..F'` s 1 ,.' , t Range 63 West of the 6th P.M., being more particularly described 1-1-I; f:" as follows: i..“ ` BEGINNING at the NE4 of said Section 25 and considering the East line '- '� of said section as bearing 500'00'00"W, with all other bearings containee „` r 1 herein relative thereto: n s thence 500.00'00"W, along said East line, 1304.56 feet; 1- thence 586.34'50"W, .285.04 feet; ys thence N89.48'55"W, 636.09 .feet; ' r;. thence N00.52'24"W, 455.41 fee'.• vs .. , thence N00.08'59"E, 867.70 feet to a point on the North line of said I 1'.: Section 25s .fir thence 689.46'49"E, along said North line, 925.30 feet to the POINT 1*". : ,. 1•'0 ;' OF BEGINNING. a._ Y P =? 1 ,, 4t ••:, 3 Y a r ,. 1114:"., � ,C - x ,' ` ;w. -r p.1 r, * _ APPENDIX D PROPERTY OWNERS WITHIN FIVE HUNDRED FEET cad '�r APPENDIX F SITE PLAN 9f,.?2,y Ames C!/Giliamson, ATTORNEY AT LAW 813 MAIN STREET ALAN G.HILL P.O. BOX 850 JAY J.BARTLETT LOUISVILLE.COLORADO 80027 CHRISTOPHER L.SMITH TELEPHONE(303)666-4060 Associates TELEFAX (303) 666-4426 September 19, 1990 Lanell Curry Weld County Department of Planning Services 915 10th Street, Room 342 Greeley, CO 80631 Re: Case No. 90-31, Revocation of SUR No. 208 and Expansion Application of Richard Hessee for Roggen Feedlot Dear Ms. Curry: At the Planning Commission hearing yesterday, Richard Parker testified that the subject feedlot stood empty for six to eight years prior to purchase by Mr. Boggs. Section 24 . 1.5 of the Weld County Zoning Ordinance states: "If the Use by Special Review is discontinued for a period of three (3) consecutive years, it shall be presumed abandoned. It shall be necessary to follow the procedures and requirements of this section in order to establish any Use by Special Review which has been abandoned. " So far as I was able to determine, there was no testimony or Evidence presented which was contrary to Mr. Parker' s statements. It is quite likely that SUR 208 has been abandoned and the expan- sion request is improperly entitled and should be designated as a request for a new permit. In addition, abandonment should be added to the issues for discussion at the revocation hearing. I would appreciate it if you would let me know if your office intends to investigate the abandonment issue. Also, I would appreciate a copy of the notice setting this matter for hearing before the County Commissioners. Very truly yours, CNIJJ B rtlett e a 2 .; JJB/rla ._- cc: Martin Shoeneman _Joel Shoeneman C 1r- -- „� �zll_g7g,111[A �) � ' SEP 2 0 1990 Ma (f (7, C,, G/ I'4�af/Ck ,�UAf (1 c Id/ ��t{�7c' - Weld Cb. �18ta1sN� vustur)�iau CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Amended USR-208 for Richard Hessee in the United States Mail, postage prepaid First Class Mail by postal card as -addressed on the attached list. This 23 day of August, 1990. Ln eee� 1. 7 T0: 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, September 18, 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-208 APPLICANT: Richard Hessee REQUEST: A Site Specific Development Plan and a Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of rattle. LEGAL: Part of the SE$ of Section 24, and part -of the NEk of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado (Lot A of RE-473 and Lot A of RE-474) . LOCATION: South of Weld County Road 18, west of Weld County Road 73. 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 r.f STATE OF COLORADO ) ) s .s. COUNTY OF WELD ) David G. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein , during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the NOI7CEOF PUBLIC HEARING act of the General Assembly of the The Weil coupty manning State of Colorado, entitled "An Act 1B e y e to regulate the printing of legal 't 1 notices and advertisements, " and pSpecialoper kty�erent t t an the amendments thereto; that the notice approval of� be�eet ►. nia of which the annexed is a printed �saant0Col vested 4w t copy taken from said newspaper , was of $��{ published in said newspaper , and in ettie �w4 of ton 24 and par the 8th P.M., weld the regular and entire issue of f,Colorado PRO AND � OF every number thereof , ya Expansion of a h'm 3,600 to lc 2400 hid once a week for 1 � ox: laSouh w successive weeks; that said notice O°w'��7s kw was so published in said newspaperhbe wercz eo e1d '�8 7-beheld in proper and not in any supplement �. C.ni... Weld' thereof , and that the first it stroet iroele dotorada 5 its Cr objections related to publication of said notice as bo � P wte aforesaid , was on the 3suvlcea r l at area 'e da'�meted 30 day of P v—c , 19 9 D , er heating on a�a���w•public 'catiop in and the last on the 3 0 day of a Pleaul�w � y [� B16 Tenth4400. s • ate ffi aZ by 2tie New News r Subscribed and sworn t before me this ., c C4 day of , 19 A‘_; u � P b 1990; 1 `i;x ,�.1 9J2 My Commission�e ` h•'+ '` 9( ROGGEN FEEDLOT, INC. FEEDLOT CONTAINMENT PLAN ROGGEN, COLORADO JANUARY, 1991 TOTAL ENGINEERING SERVICE 3310 State Street Evans,CO 80620 (303)339-5215 901227 ffi Total Engineering Service 3310 State Street Evans, CO 80620 (303) 339-5215 December 10, 1990 Mr. Wes Potter Weld County Health Department Health Protection Service 1516 Hospital Road Greeley, CO 80631 Re: Feedlot Wastewater Containment Plan Roggen Feedlot, Inc., Roggen, Colorado Dear Wes: Enclosed is the Feedlot Containment Plan for the above referenced project. This plan complies with the Colorado Guidelines for Feedlot Runoff Containment. This plan also complies with paragraph 47.1.6 of the Weld County Zoning Ordinance, dated November 21, 1989. Included in this report is a plan for the construction of the detention ponds, calculations showing how the ponds will contain the twenty-five year/twenty-four hour storm event as well as the annual precipitation. Laboratory permeability test results have been provided to verify the liner material to be used will meet the minimum permeability criteria of 1 x 10-6 cm/sec as required by the State Health Department for a domestic Wastewater Treatment Plant. We have worked in close cooperation with your Department to ensure we meet the needs of the regulations and provide adequate protection to the health, safety, and welfare of the people in Weld County. This plan meets all the regulations and provides adequate protection, therefore we request this Feedlot Containment Plan be approved by your Department. Please feel free to contact me if you have any questions concerning this matter. Sincerely, uun uu p�� ` s 717,1 `� ° ';s r reoc.s ! � Tom Cop , P.E. n ^ .11 r � • xc: Richard Hessee » I. w c knoc• Mike Callahan ,` , 9O127 FEEDLOT CONTAINMENT PLAN • ROGGEN FEEDLOT, INC. ROGGEN, COLORADO • Prepared by: Total Engineering Service 3310 State Street Evans, CO 80620 January, 1991 S IZZ7 TABLE OF CONTENTS General 1 Pond Information 2 Distribution System 4 Design Criteria 4 Operation Plan 4 Construction 5 Conclusions 6 Appendices Runoff Calculations A Monthly Precipitation and Evaporation B Runoff/Evaporation Balance C Storm Event Analysis D Laboratory Analysis Results E Plan F 901227 FEEDLOT CONTAINMENT PLAN GENERAL The feedlot as proposed will consist of approximately fifty-nine (59) acres. The feedlot has been divided into four storm drainage cells in order to facilitate the natural drainage pattern and phased construction schedule. The first drainage cell is located south of County Road 18 in Section 25 and is served by Pond A. The pens shown on the enclosed Feedlot Containment Plan are already constructed. This area is presently served by an existing approved feedlot containment pond that is sufficient to contain the 25 yr/24 hr storm event. This pond will be increased to allow the operator more flexibility to use the water for beneficial use on site. The use of this water will be described later in this report. Pond A will serve approximately 28.2 acres of land. The next drainage cell is located north of County Road 18 in Section 24. This cell contains the runoff from the eastern portion of the site with storage to be provided in Pond B. Pond B is located near the middle of the approximately 11 .1 acres of land that will drain into the pond. Pond C retains the runoff water from the approximately 12.5 acres of land located in the northwestern portion of Section 24. Portions of this area will require the placement of fill to reroute the drainage flow pattern towards the pond. The remaining 7.2 acres of the site contain the office/shop, feed mill, and grain storage areas. The runoff from this area will be routed around Pond C and allowed to exit the site without containment, closely matching the historic flow pattern. 90.227 1 POND INFORMATION Three ponds have been designed to contain the runoff waters on site from a 25 yr/24 hr storm event as required by the Colorado Department of Health's Guidelines of Feedlot Runoff Containment Facilities. Using the Soil Conservation Service Method of runoff the 25 yr/24 hr storm event would require a minimum capacity of 4.66 acre-feet, 1 .83 acre-feet, and 2.02 acre-feet for Ponds A, B, and C respectively. (See Appendix A). This capacity is based on a 3.0 inch rain occurring in a 24 hour period, with the probability this storm event would occur once per every 25 years. The respective capacity for Ponds A, B, and C is 13.01 acre-feet, 4.74 acre-feet, and 8.56 acre-feet, while maintaining a one foot freeboard. These ponds were designed with the following goals: 1) Provide a means to retain the average runoff water on site. 2) Provide the capacity to handle the 25 yr/24 hr storm event on site during any month of the year. 3) Provide a means to beneficially use the water on site. Retain the average runoff water on site Achieving this goal would mean no water would be required to be exported off site during any average year. This goal could not be practically achieved for all the ponds individually. However, this goal has been achieved collectively by oversizing Pond B and Pond C to increase the evaporation effects and provide greater volume. Therefore, no water will be exported off site during an average precipitation year. Furthermore, all three ponds working in combination can retain the annual precipitation as well as the 25 yr/24 hr storm. It should be pointed out that the losses used in the sprayer evaporation and dust abatement, shown on the "area runoff/evaporation" table, are anticipated to be conservative. Consequently, we anticipate a much greater safety factor than indicated in the worksheets. 9C12,27 2 These ponds were sized by analyzing the average monthly precipitation and evaporation for the site, considering the use of evaporation sprayers and reusing the water for dust abatement on site. (Bee Appendix B). Appendix C provides a view of the dynamic affect that will occur for each pond during the first five years. Provide the capacity to retain the 25 yr/24 hr storm These ponds must have the capacity to retain a 25 yr/ 24 hr storm event in order to meet the requirements of the Guidelines of Feedlot Runoff Containment Facilities. The ponds shown on the plan can retain the 25 yr/24 hr storm at any time in the analysis period. The analysis period has reached an equilibrium water balance. Appendix D depicts the worst case scenario. All runoff waters occurring from a 25 yr/24 hr storm would be contained in the ponds, therefore meeting the requirements of the Guidelines to Feedlot Run ff Containment Facilities. The elevation of the outlet pipes into the ponds have been designed at the critical elevation. This elevation must not be exceeded to ensure the necessary capacity in each pond is available for the design storm event. This allows the operator and reviewing agency a means to verify the needed capacity is always available. Provide water for beneficial use on site This will allow the operator of the facility to use the water to assist in the daily operations of the facility. This assistance will be beneficial to the -community as well as the operator. The area runoff/evaporation tables provided in Appendix C reflects that two means of beneficial use will be applied on site. The first beneficial use is the recycling of the water in the form of evaporation sprayers. Additional air will be introduced into the ponds, therefore maintaining aerobic conditions which in turn reduces the potential for odors. The second beneficial use occurs by using the pond water for dust abatement. This also assists in the circulation of the ponds while providing a water source to combat fugitive dust. 9C12,27 3 DISTRIBUTION SYSTEM Each pond has been designed for a pump capable of delivering 50 gallons per minute with a pressure of 40 psi. The distribution lines from each pump will be tied into the sprayer system, the cattle pen sprinkler system and the other pump systems. This will allow the operator to distribute the water into the same drainage area as well as to the other ponds and/or the other drainage areas. The projected distribution provided in the appendices can be maintained even if one of the three pumps is temporarily in need of repair. DESIGN CRITERIA The detention ponds have been designed with a six inch impervious clay liner placed at ninety-five percent (950/0) of Standard Proctor and plus or minus 20/0 of optimum moisture. This liner will meet or exceed the seepage rate criteria of 1/32 inch per day or 1 x 10-6 cm/sec, set by the Colorado Department of Health for domestic wastewater treatment plants. The laboratory test results of the permeability test conducted by Empire Laboratories, Inc. indicates the materials proposed will meet this criteria. (See Appendix E). OPERATION PLAN This Feedlot Containment Plan necessitates water being contained in Ponds A, B, and C. The water levels will be controlled by both evaporative losses and to control fugitive dust. (See Appendix C). Water from Pond A will be transferred to the other ponds on a periodic basis to maintain pond equilibrium. The distribution system will permit the transfer of water between the ponds to ensure the specific pond capacities can sustain the design storm event. 4 9C 1227 CONSTRUCTION The narrative for the Use by Special Review Report explained how the construction of the feedlot facility will be built in phases. This Feedlot Containment Plan takes the phased construction into account. Pond A will be the first phase of construction. Drainage Basin B will be the second phase, with completion of the project occurring in Drainage Basin C. The cattle pens in basins B and C will not be occupied until the respective ponds have been constructed and verified by a registered Professional Engineer to ensure construction of the ponds was conducted in accordance to the plans. Three possible scenarios of construction could occur. The first is that all three phases will be constructed as explained in this report and the Use by Special Review Report. This report demonstrates that the _average annual precipitation and the required storm event will be fully controlled on site. The second and third scenarios would only occur in the event of some unforeseen circumstance occurred. We have planned this possibility • to ensure that the health, safety, and welfare of the people in Weld County are protected. The second scenario would occur if Phase A and B were completed, but Phase C was not constructed. The "area runoff/evaporation" table shows an excess amount of water being exported from Pond A into Pond B to maintain the equilibrium water balance. Under this circumstance the site would have 12.5 acres of land in drainage basin C available for application of the liquid waste as a fertilizer and soil conditioner. The liquid wastes would be applied through out the year to ensure the water levels in the ponds are capable of handling the required storm event. The last scenario would have Phase A completed and Phases B and C not constructed. The excess water to maintain the equilibrium water balance would be applied over the 23.6 acres of available land for beneficial use. This would maintain the necessary volume in Pond A for the required storm event. 5 901227 CONCLUSIONS The ponds in the feedlot have been sized sufficiently large enough not only to retain on site a 25 yr/24 hr storm event, but to maintain the average annual precipitation on site as well. This plan provides the applicant with a water source to control fugitive dust on site and aerate the ponds to minimize potential odors. This plan has demonstrated that all liquid waste will be completely controlled on site without any discharge to state waters and all the requirements of the Colorado Department of Health's Guidelines of Feedlot Runoff Containment Facilities will be met. This plan also meets the concerns of the Weld County Commissioners and the Weld County Department of Health as we understand them from our discussions with the Director of the Environmental Health. Therefore, this plan and the Amended Use by Special Review application should be granted. 901227 6 APPENDIX A RUNOFF CALCULATIONS SC1227 RUNOFF CALCULATIONS PRQJECT: ROGGEN FEEDLOT PROJECT NO.: 9 0 - 1 3 3 Use Soil Conservation Service Method to determine runoff. le = (P - la)(P -la) = 1.98 inches Effective Rainfall P - la + S S = 1000 - 10 CN = 1 .1 1 CN Assume CN = 90 Table 6-5 Soil Group B Feedlot: 75% impervious la = 0.2 S = 0.222 P= 3.00 Precipitation Map Runoff Volume = (Drainage Acreage)(le/12) SUMMARY DRAINAGE POND ACREAGE RUNOFF VOLUME A 28.22 acres 4.66 Acre-feet B 11.09 acres 1.83 Acre-feet C 12.25 acres 2.02 Acre-feet 2C a�7 0 a m o a w r, n ^0 O a _ �- — _T- � � N r ____T____-T_�_ I I e "-- a z R I - 1 I •1 ~�� o o as3 i 6. . � , 1 I b 11 z s I I 1 _. _ 1 .-. 1 I r. 1 r ^ I 1 3 d I I / .'� I l• 1 I W y 7S R 1 . = 1 r - 1 -1 I 4 10 s - • +- -----I I 1 I-_ o a . 's n I _ I 1 1 - 1 i s -o 1 _ _ 6 _ 1 L_ 1 F �x d s< 1 c ≤ I� I �� F S cc I ic _ c �1 i I - � � I-- --- - I 1-� L �-- I J jl I �'�,, / • ,^ I= �.- <�-._ I c/-� I /-� `'� < —I- I NN t f-�-�-- -1 / o _� _ - _ `,. 11 .C-' oil / �♦ �I " I -I-- - --- - ter,` �-� 1 \- 94' • I \ !:---'7-' : - (t-C.: 3 jg (7 --\\,—; I if I 4 i -,-....:7/L47--I - ,,„ na_i___:-- ���1 ,^ _ ,I �� s- i ��� ��- LA--s-.--19"7::\ C"--(7 %-7:5-!1/12; --_`: te- V ��,� � _�� r ,'r ti ✓ �J �1��- r j ✓jh ',„'/�� U�7 ~' f �� , i..\_ - �� `.\e ms\TO J II X11 j �� yla ��. � \� ��f j�� - - I ; 1 �J ti J I �,v� F I h i y I i • F g G —_ - _- ` �-1.-L I__` P r. i I 1-- ---1 901227- i_1 -r P n n APPENDIX B MONTHLY PRECIPITATION AND EVAPORATION SC1227 " 0 > d co co N O m o Y m N N O t0 O W O r O O M O N 0 y M M N O M N O M r W M N O m D O O r N r r r r O O O N U U i Y O) C L o- L- us m O O L N a DAD E W r a o [o O M O M a P m a r c 0 0 t..:V a `I-CO O r O N N r M a M N f (d d a Z N 000rrrrrD00 r ODup L O - 8O «. o Q J N y D N cc d L a O O O O N D a M O O O Z r oo0 m U NcorconroM00rnrn r N N N O M I N M M N N M N n 7 j E Q 4 O O O r N r r r r O D O r >.„- o m o O O W '0 12-4= 6 U 2 Q. I� O C0 4-' O >" T O W = >. -0 > .N c9 Q X D 015 b O 2 r a YO N M r O O I� M O a In D .L.. 0 O^ y = E N N O D O r O M O N M N O y `.- E10 .41 y d 0 O D O r N N N r r O O O N ->,.2r.,- - E E o Q r 7 c O L ... _ D O W c cC N O O o o m 4 coomcn "" Z . . . . . « . . « . . . . . . . . . o < -00c O a M O W N I� M cO .4 a N- OI O 7,34- y O >` 050 a0 O M V N r O N r M a O O N -r 4`- 011 N Mr's= Q Q co O r r a R M O T t: a N r O c D r V 6 `p 0. 4 W m 00_ ,c6-7, 2- 5 d o S '� ro '.. O T > Z Z " 8270 = 00 al ~• O D N Q W - 70-15 - a J > O .- O . 5 Trs w 0 0 0 0 0 0 0 0 0 0 o U .0 O o W Q o 0 0 0 0 0 0 0 0 0 0 0 o O D a - W O N m n M O O W O M N N O D O L O O. N li O Q V- NOV OMMN rW O MO — co 4, .. as � ; L c 6 Zn la rrMnrrrrra0ar O -.- - W > r D = 0a-6073E ' C . W 0 4 '0U -am N C7 m o o 0 2 rn a o d � ¢o a . . . . . . . . . . . . . . . . . . r N M a ^^� /``( O co � J Ca t} T .0 0A) a !L Ig c J L _ = m 9 N N r IJ,I }p� c n v - >.= Tco a O_ > O 2 MJ N 6 a m O O ] N O O N as -oLL2a -2 -,-, Q1nOZo APPENDIX C RUNOFF I EVAPORATION BALANCE 90.227 PROJECT: ROGGEN FEEDLOT POND VOLUME: POND A PROJECT NO.: 9 0 - 1 3 3 Surface Cumulative Elevation Area Volume Volume (Ft.) (SQ. Ft.) (Cu. Ft.) (Cu. Ft.) 61 .00 0 25,713 62.00 51 ,1425 -25,713 54,925 63.00 58,425 80,-638 62,025 64.00 65,625 142,663 69,325 65.00 73,025 211 ,988 7-6,825 66.00 80,62-5 258,813 54,525 67.00 88,425 373,338 -32,425 65.00 96,425 465,763 100,525 69.00 104,625 566,288 AVAILABLE VOLUME FOR 25 YR/24 HR STORM Pond Capacity 566,288 Cu. Ft. Storm Runoff 202,700 Cu. Ft. AVAILABLE VOLUME 363 , 588 Cu. Ft. ELEVATION @ CRITICAL VOLUME 66.9 Ft. -9C1.227 PROJECT: ROGGEN FEEDLOT POND VOLUME: POND B PROJECT NO.: 9D - 1 33 Surface Cumulative Elevation Area Volume Volume (Ft.) (Sq. Ft.) (Cu. Ft.) (Cu. Ft.) 59.50 0 5,063 60.00 20,250 5,063 22,238 61 .00 24,225 27,-30D 26,3-63 6-2.00 -28,500 53,663 30,788 63.00 93,075 84,450 35,51-3 64.00 37,950 119,963 4D,538 65.00 43, 125 160,500 45,863 66.00 48,800 206,363 -AVAILABLE VOLUME FOR 25 YR/24 HR STORM Pond Capacity 206,363 Cu. Ft. Storm Runoff 79,605 Cu. Ft. AVAILABLE VOLUME 12-6, 758 Cu. Ft. ELEVATION @ CRITICAL VOLUME -64 . 2 Ft. 301227 PROJECT: ROGGEN FEEDLOT POND VOLUME: POND C PROJECT NO.: 9-0 - 1 33 Surface Cumulative Elevation Area Volume Volume (Ft.) (S4 Ft.) (Cu. Ft.) (Cu. Ft.) 58.50 0 11 ,500 59.00 46,000 11 ,500 48,200 60.00 51),400 59,700 52,700 61 .01) 5-5,000 112,400 57,4-00 62.00 59,8D0 169,800 62,300 68.D0 64,800 232, 100 67,400 54.00 70,900 299,500 72,700 65.00 75,400 372,200 • AVAILABLE VOLUME FOR 25 YR/24 HR STORM Pond Capacity 372,200 Cu. Ft. Storm Runoff 87,87-0 Cu.ft. AVAILAILE VOLUME 284,330 Cu, Ft. ELIV-ATION @ -CRITICAL VOLUME 63 . 8 Ft. 9C 1.242 7 e oO 000 O e oO 000 QW WC 0 00 000 • F NY O O O O O O ZZ N N N O d d p, ^N^N4NNAOMYIM-4,- A WD0 dNOON ^N+A.-W OOMON ISM OWN N d W d A M N O ANY!A M^W O N N A N N N Y . . . .. .oNmm W .b� d ^W^M M O w 0 O w M A N N A M O M ^ N W N N N d N N O N W O A W�1I F Q%C d y D-0 O W W N ^A OTVVI W M M O A W W M 0 M M ^DT A O O N J J N d-0-0 A W A N W N d10AJ W M M O ^ W N N O O N d WA W N M O N W W ^N J�MU O e .- ^�- N N M M N N ^ ^ N N N N M N M M M N ^ ^ N N U d W d W W d d W d W W d V w d W W d -444444 -.-01.- Mar Ol^ W W ^ T d VI ^ m w^ T VI W m rW LL �N C N N O O N Y N N O 4 Yf d N N d T?SS F N N N N N N N N N N N N N N N N N N >U W YIN-0-W W N M e O N N ^A tl 0-4 A d W d N tl O O W M N A N-0 N o-W D O Oi d W ^ N tl Y ^ID tl W W -N 0 O N-M M 0 d-0 A ^N O W U ^d A O N D A N NO N}N 0 NYO W M N N W ^N m-0 A M d D A O 0 M^W N^tl— A ^M W^O^W^A N-O-c . ^W W A N N O O O 0 N N W N O 0 w d N-0 N-0 N O O W O N A W 0 OCC 0 N M O W W O F b A ^ d N N-0 W N N N A A N W^ M N N N Y ^M W M M O^ A N^ N N N 0 M LL Y Y O W Y-A M 0 A M O W W 0 O d M M O M M A N A W A W O^N N N 0 W d O .N Y W d M A t9 A N 0 W W^M W M 0 d AI N A O N M^M A MY M A ^ N O O N U ^N M Y d N N b b ^N-C1 M d d N N b ^N-M M d d Y N N ^d ^O^N^O A A N O A1O A Y b O Y N A N O^0^ A Y W 0 0 A N N M ' N A M O O A d W 0 0 N N W N O N A O O A 0 0 0^A N M W 0 O A M 0 0 0^ -N^M M M O A W M N W N A Y 0 N ^MA O N A ^O M O W O N-0 N d W M ^0 LL d O N W d M N N 0 O W 0 0 0 N M N M 0-0 d M N N W W^ ^ O N A M M N N 0 N N d 0 Y 0 N Y d M ^ ^ ^^ Y b My. d M d M ^ ^ ^ ^d N-M A d M d M ^ . 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A g moo-O t $.8zS a a W O O Y ^N M O N r N W m O O Y ^ N N O N r N m N N a ^0 r N V M r n N^r^^N r N V N NAO N^r -R-..-E LL U. .NNOOMOm^_O NmmNN00m0m^_ONMm MI On ^'^ ^N r N V V ^ ^N r N 3= M LL V S p N V M ��II M V O r m N N M^ ^^ ^M Y O rro N N N^ ^ p m N b wok p ^ XVI oop iliS O O 0 N NOW 0 N N^N O 0 0 N N O N N 0 O^N O P 0 C '£ m M r O M r N M^O m N M N r O M r N M^N O N C UW G O O D^N^^ ^^OO O O O O^N^^ ^ ^O O O V <O m1 l ¢¢ C 2.1g 3 Z a !ill F N N N N N N N N N N N N N N N N N N N N N N N N O N N N N N N N N N N N N N N N N N N N N N N N N N tt00 tw g N N N N N N N N N N N N N N N N N N N N N N N N m b, c qq\ Z t ^ N ¢ `S``K 1 =a Rz 4 N P p f. nY Y N P N 00 @ `�p4 Si P 0 A S J J l i O R Y a G t0 j 'J 'J n2-..c2n <tXoZ �LLa<244ta8Z APPENDIX D STORM EVENT ANALYSIS GN2 C2 Cn STORM EVENT SUMMARY PROJECT: ROGGEN FEEDLOT PROJECT NO.: 90 - 1 3 3 POND A POND B POND C PROJECTED VOLUME 359, 154 92,404 200,066 1st STORM EVENT 202,700 79,605 87,870 TOTAL 561 ,854 172,009 287,936 POND CAPACITY 566,288 206,363 372,200 AVAILABLE 4,434 34,354 84,264 T- e� APPENDIX E LABORATORY ANALYSIS RESULTS �p`,w� C< Empire Laboratories, Inc. CORPORATE OFFICE P.O.Box 503•301 No.Howes GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING Fort Collins,Colorado 80522 (303)484-0359 FAX No.(303)484-0454 Novamber 16, 1990 Total Engineering Service 3310 State Street Evans, Colorado 80620 ' Attention: Tom Cope, P .E. Re: Roggen Feedlot Permeabilities ELI Project No . 509-G-90 Dear Mr . Cope, Please find enclosed the results of the falling head permeabilities performed on the samples delivered to our laboratory. Also find enclosed the standard proctor curve run on the proposed import liner material . If you have any questions, please contact us at your convenience . Very truly yours, EMPIRE LABORATORIES, INC. ���// I ouglas J . Jobe, P .E. Branch Manager gmc enclosures e�R4rS &artall ORkse �AA P.O.Box 18859 P.O.Box 1135 P.O.Bax 1744 43i,%1.FJ2 A'.Box 5859 s\ (719) 9 Springs,CO 80935 Longmont,3O80502 Greeley,3O80832 Cheyenne,VJ1'82003 (718)597-2118 (303)778-3921 (303)351-0460 (307)832-9224 Y � /�r l` Member of Consulting Engineers Council FALLING HEAD PERMEABILIT. Project: ROGGEN FEEDLOT Sample ID: location: Proposed Import Liner (Re-molded Sample) density: 102.4 1b/ft3 Compaction: -34.2% Coefficient of Permeability: K= 0.017 ft/year = 1.64 x 10-8 cm/sec v+, 4 • .3 - - - - - - - _ - - - - - ro v - - - - - a 0 .2 - - - - _ — — — _ N .1 _ - - - — .- ... - — — 6.. _ •�—�- _ 40 ' 80 120 160 Time (hours) -3- 9C1'222 MOISTURE DENSITY CURVE 1DCATION OF SAMPLE: ROGGEN FEEDLOT Proposed Import Silty Clay TEST PROCEDURE: ASTM D 698-78 Method "A" MAXIMUM DRY DENSITY: 108.7 PCF OPTIMUM MOISTURE: 19.1 % CURVE NO. 1 110 LL I / v 105 / V / Ym T Z 100 / 0 o - 95 14 16 18 20 PER CENT MOISTURE -4- SC122 ' EMPIRE LABORATORIES, INC. APPENDIX F PLAN SC1227 ROGGEN FEEDLOT USE BY SPECIAL REVIEW PERMIT ROGGEN, COLORADO AUGUST, 1990 TOTAL ENGINEERING SERVICE AlL © 3310 State Street Evans, CO 80620 (303) 339-5215 i USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Hylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County,•Colotado: Part of NE * 25 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE * Section 24 T 2 N, R 63 W LEGAL DESCRIPTION oc, LQnbi.guous property owned upon which Special Review Permit is proposed: Ng_ Section 25 T 2 N, R 63 W SEE 24 Property Address (if available) 35895 Weld County Road 18 PRESENT ZONE Agricultural. OVERLAY ZONES FP-1 TOTAL ACREAGE 58.717 t PROPOSED LAND USE Agricultural EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Richard Hessee Address: 35895 NCR 18 City Roggen Zit) 80652 Home Telephone #800-628-8352 Business Telephone C 800-628-8352 Name: Address: City Zip Home Telephone 0 Business Telephone 8 APPLICANT OR AUTHORIZED AGENT (if different than above).: Name: Same as Above • Address: City Zip }tome Telephone 0 Business Telephone A List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Richard Hessee Name: Sargent Farms, Inc. Address: City Roggen, CO Zip 80652 Name: Crystal Oil (Lessee) Address: P. 0- Box 72 City Shreveport , LA Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of 19_ NOTARY PUBLIC • My commission expires USE BY SPECIAL REVIEW ROGGEN FEEDLOT SCOPE The enclosed attachment to the Use by Special Review is being provided in accordance with Section 24 of the Weld County Zoning Ordinance dated November 21, 1989. Portions of the site were permitted as a commercial cattle feedlot by Sargent Farms, Inc. on July 11, 1973. This Special Use Permit approved by the Weld County Commissioners is enumerated as SUP- 208. The enclosed Site Plan, enclosed in Appendix F, shows the portions approved in that permit. The commercial feedlot has had several owners since the approval of that Special Use Permit. On May 15, 1990 the feedlot and land was sold to the applicant of this permit, Richard Hessee. Several days prior to the purchase of the feedlot Mr. Hessee was made aware that the feedlot as it exists is not in compliance with the approved Special Use Permit. This application is provided to rectify this situation. Mr. Hessee is requesting an amendment to SUP-208 to permit the additional cattle pens that exist in Section 25 and construct pens in Section 24, as shown on the Site Plan. The maximum number of cattle proposed on site will be 12,400 head based on 112 square feet per head. , • LOCATION The site is located west of Weld County Road 73 with Weld County Road 18 running through the site. The site address is 35895 WCR 18, Roggen, Colorado and more particularly know as part of the Southeast Quarter (SE 1/4) of Section 24 and part of the Northeast Quarter (NE 1/4) of Section 25, Township 2 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado. The site is located in the agricultural zone district and is anticipated to remain with the same agricultural zoning based on the use. This is consistent with the Weld County Comprehensive Plan as discussed in goal number three for the Agricultural District which states, "Promote the development of commercial and industrial uses directly dependent upon the agricultural industry (e.g. commercial feed lots, farm implement dealerships, irrigation equipment companies)." The use of the proposed amended commercial feedlot is compatible with the existing surrounding land uses. First of all the feedlot has been in existence and operation since receiving the SUP in 1973. The land use adjacent to and surrounding the property in all directions is agricultural farm ground. The area contains few residential homes. The nearest occupied residential structure is approximately five hundred feet (500') from the south property line. The use of the proposed amendment is compatible with the anticipated future development as projected by the Weld County Comprehensive Plan. This area is anticipated to remain an agricultural district and is not targeted in the urban growth area. OPERATIONS The existing commercial feedlot is permitted for a maximum of 3600 head of cattle. With the proposed expansion of the feedlot the maximum capacity would be 12,400 head of cattle. At final build out the feedlot would employee approximately 10 employees with one work shift. The hours of operation are from 6:00 a.m. to 6:00 p.m. for general operations. • The facility has two wells permitted with the Colorado State Engineers Office. The permit numbers are 017306-F and 015295-RF, enclosed in Appendix A. The wells have been approved for Commercial and Irrigation/Livestock uses, respectively. The wells are sufficiently capable of providing the required water use for the proposed expansion. These wells will also serve to provide fire protection water if needed. The average vehicular traffic to the facility consists of a feed truck driving on site twice per day along the truck alleys and access roads. Cattle trucks pick up and deliver cattle to the facility approximately two times per week and have access to the site along Weld County Road 18. The only other traffic besides the employees would be a truck to pick up dead cattle on an as need basis. The existing office is served by a septic system permitted with the Weld County Department of Health. The permit was issued by the County on November 12, 1973. The expansion of the feedlot is not anticipated to overload the system or require additional sewage facilities. The manure from the cattle pens will be cleaned twice per year. This schedule coincides with the needs of the farmers to provide fertilizer to the farm lands. Cattle manure has been successfully used as a beneficial use to provide nutrients to the soils to assist in the raising of crops for years throughout the world. Roggen Feedlot will incorporate the manure on farm land owned or leased by Richard Hessee in a manner that is not anticipated to degredate the soils or groundwater. Any stock piling of the solids will be handled in an area bordered by a berm to prevent entrance into surface water. Storm water retention ponds, as shown on the Site Plan, will be designed in accordance with the State Health Department's "Guidelines of Feedlot Runoff Containment Facilities" upon receiving the approval of this amendment to the Special Use Permit. The Feedlot Containment Plan will be submitted to the Weld County Health Department for approval. Any dead cattle are removed from the facility by companies specializing in such work. Presently Roggen Feedlot is using Morgan County Pet Foods to remove any dead cattle. The cattle are generally removed from the facility within two days. This practice will continue with the expansion of the feedlot. Soils information compiled from the Soil Conservation Service, "Soil Survey of Weld County, Colorado, Southern Part " are enclosed in Appendix B. Shallow slopes on the facility will be maintained to minimize the potential for erosion on site. The expansion of the feedlot is anticipated to take place over the next several years. The expansion will be conducted in phases as the financial funds are available. The cattle pens shown in Section 25 have been constructed prior to Mr. Heesee purchasing the property. The next area of expansion would be the eastern cattle pens shown in Section 24. The last area of expansion would be the western pens in Section 24. The associated runoff ponds will be constructed prior to occupancy of the pens by any cattle. The cattle pens will be removed and any remaining manure will be hauled to farm land for incorporation upon cessation of the Use by Special Review Permit. 4 PERMITS The facility is not located in a geologic hazard or Weld County Airport overlay district area. However, the northwest portion of the site is located in the 100 year flood plain as depicted by the Flood Insurance Map and shown on the Site Plan. A Flood Hazard Permit will be obtained prior to expansion of the feedlot in this area should the Weld County Department of Planning Services require it. We request the Weld County Department of Planning Services waive a noise report for this amended Use by Special Review Permit. This facility has no noise generating devices that are different from other feedlots located within the County. The applicant agrees to meet the noise standards set for other feedlots and similar commercial endeavors. A copy of the recorded deed is provided in Appendix C. A certified list of the owners within 500 feet of the property is provided in Appendix D. A certified list of the mineral owners and lessees is provided in Appendix E. CONCLUSION It is our hope that the Weld County Planning Commission and County Commissioners will look favorably on the approval of the amendment to the existing permit and allow the expansion of this commercial cattle feedlot. The applicant will provide adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood, Weld County and the State of Colorado. These provisions will be provided by meeting the criteria set in the Development Standards. APPENDIX A WELL PERMITS M1' 1•tvRasaa _ COLORADO DIVISION OF WATER RESOURCES / nCC _ , 101 Columbine Bldg.,1045 Sherman SL,Denver,Colorado 110203 L—REC Jp FD : • • PERMIT APPLICATION FORM I APR 1973 . Application' must be complete where (St)A PERMIT TO USE GROUND WATER r applicable.Type or (X)A PERMIT TO CONSTRUCT A WELL siaie en°u"i r Y print in BLACK FOR: (X)A PERMIT TO INSTALL A PUMP eern EER r sr:. L'q INK.No overstrikes :i 1: tin!:,:C. w erasures unless I ( ) REPLACEMENT FOR NO. j{,'i `:`i • . initialed. `i t l IOTHER - (1)APPLICANT-mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN(': NAME.iA�f.Enr T: r. LI D`t nn /72_ \.-P�y,� , r�,f. Receipt No. STREET i• Basin A r /. Creak Dist. /inn e. cITY hPoccG4 : COLO So 652 (stare) Rim CONDITIONS OF APPROVAL • • , TELEPHONE NO.—73 2—tfil / This well shall he used in such a way as to cause,;:,'`;S- • . li no material injury to existing water rights. The'^,'1”-.. • (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County W LLIS right from seeking relief in a civil court action. t N E /of the f,/L %.Section—.2`= IDE ISSUANCE OF THIS PERMIT IS CONDITIONAL ON irif MEASUREMENT OF ANNUAL GROUND WATER WITHDRAWAL Tavp. 2— -N,Ong ��__ )J �nTlf P,M, OY A METHOD AND PROCEDURE SATISFACTORY TO THE ��/I4, ;, GROUND WATER COMMISSION UNDER EXISTING POU ,,��CY -IL'�2' ' (3) WATER USE AND WELL DATA i�"''"'''" 'l F.TErTRIC TAG ENTIRE HOLE PRIOR TO SETTING . Proposed maximum pumpitig rate(gpm) _S O enrlNc. BLANK cnslNG t4I1ST RE CELiQ'ITL� SOLID . i 10 REST INTO THE FIRST IMPERVIOUS SHALE AS Average annual amount of ljround water DETERMINED FROM THE ELECTRIC LOG, 44. ,10..72- , to be appropriated (acre-leer: c?0 ! G Number of acres to be irrigated: IVOMe • - Proposed total depth(leell: =P O Or • Aquifer ground water is to be obtained from: ! r )LL4L1.L-4 ---- 2 .. Owner's well designation 4 / CCAJ11r—C�C,/II L . ,, . GROUND WATER TO BE USED FOR: ( 1 HOUSEHOLD USE ONLY.no irrigation(01 ( I DOMESTIC(q ( ) INDUSTRIAL(S) • ( I LIVESTOCK (21 ( ) IRRIGATION WI IN COMMERCIAL(4) ( )MUNICIPAL(BI • ( I OTHER (01 APPLICATION APPROVED l r1 PERMIT NUMBER_ 0�I l'`3"y1 _C 141 DRILLER iti):± z 8 i. ) DATE" ISSUED_ c((I. 1.N CANEri ii_1_h DR'ILr_i/'f C . n s 1974 Name _�_ r _--_ E:0•I11MlON DATE: , 4 t Street_1O_11.1,e r n__li WS___0`/ ee'''',n'r/1 e"r.:,.,- s 2,r T. - • City.__L LSQ.0.g'!Lfi .t en C.O_5O7O1 ' f"TAT: ENGINEER) n.i7irr- i rat .'17)G 1 / / • Telephone Nn. $Ce7- f /° No. _ BY_.:1 :r._:d';...".—��.,.,._._ p ._.L_Lie.Nu._] ill/go Wea. c'eofnit li— 0 / 5./1 95F - , ' WRJ•5-'Rev. 76 COLORADO DIVISION OF WATER RESOURCES RECEIVED 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 • JUN 2 4 1983 PERMIT APPLICATION FORM Application must WATER RESOURCES be complete where ( ) A PERMIT TO USE GROUND WATER - STAIEe ENGINEER applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL . MI print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP et. INK.No overstrikes or erasures unless ("P4'REPLACEMENT FOR N0. ri t:5-2-95- I" initialed. ( ) OTHER WATER COURT CASE N0. (1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME I.../ O yd. / . R. rt. d- Receipt No. 383� v - STREET 1kfa '1.I Cott try 14 11EI Dr, Basin Dist. • Ins CITY 1..) �(State) (21p)) � 9%0 a/ (Stat CONDITIONS OF APPROVAL pp CI TELEPHONE NO. `.S` .3 I3-3 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water / right or preclude another owner of a vested water County (A: Q- lei right from seeking relief in a civil court action. 1\4/ E y.. of the IV E %,Section a:5- 1) APPROVED AS A REPLACEMENT OF AN EXISTING Twp.�' 6[ _, Rng. E3 w 4 # P.M. 2) THEPERMIT 9 STING 'WELL MUST BE PLUGGED AND N's( tE,WI ABANDONED ACCORDING TO THE RULES AND REGULATION. (3) WATER USE AND WELL DATA FOR WATER WELL AND PUMP INSTALLATION CONTRACTOR THE ENCLOSED AFFIDAVIT FORM MUST BE SUBMITTED Proposed maximum pumping rate (gpm) 7 CrQ WITHIN SIXTY (60) DAYS AFTER THE CONSTRUCTION OF THE NEW WELL, AFFIRMING THAT WELL NO. Average annual amount of ground water 015295—F WAS PLUGGED AND ABANDONED. to be appropriated (acre-feet): $6-0 3) A TOTALIZING FLOW METER MUST BE INSTALLED Number of acres to be irrigated: t¢O ON THE WELL. ANNUAL DIVERSION RECORDS SHALL BE MAINTAINED BY THE WELL OWNER AND SUBMITTED Proposed total depth (feet): 9 Ct ' TO THE DIVISION OF WATER RESOURCES UPON REQUEST L) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL Aquifer ground water is to be obtained from: NOT EXCEED 700 GPM. . 1 � � 1 � (,,s 5) THE AVERAGE ANNUAL APPROPRIATION OF THIS /T WELL SHALL NOT EXCth.D 300 ACRE—PEE.C. Owner's well designation 6) APPROVAL OF 1'H1S REPLACEMENT PERMIT SHALL GROUND WATER TO BE USED FOR: NOT RESULT IN AN EXPANDED USE OF GROUND WATER 7) THIS WELL SHALL BE CONSTRUCTED TO WITHDRAW ( ) HOUSEHOLD USE ONLY - no irrigation (0) WATER ONLY FROM THE ALLUVIUM OF LOST CREEK. ( 1 DOMESTIC 111 ( 1 INDUSTRIAL (5) g) THE ISSUANCE OF THIS REPLACEMENT PERMIT IS 040 LIVESTOCK (2) rent 1RRIGATION (6) DEPENDENT ON THE EXPIRATION OF A REPLACEMENT ( ) COMMERCIAL (a) ( ) MUNICIPAL (8) PERMIT ISSUED OCTOBER 25, 1982 UNDER PERMIT NO. I ( 1 OTHER (9) The. lgcch b.,. .4- Feedlot APPLICATION APPROVED 15295-F• /e, DETAIL THE USE ON BACK IN (11) PERMIT NUMBER .S 2.9., -12F S / (Z 65 (4) DRILLER DATE ISSUED JUL 2 9 1983 Name ' ,P4 a-99 a—± n r I l U 1 h.C, EXPIRATI N DATE OCT 2 6 1983 Street J / J • a. AV City Cf-e r) pp [[LL11r. ..(STATE ENGINEER) .m ,al h c 11r (Zip) BY Q a Telephone No. Lic. No. I.D. COUNTY APPENDIX B SOILS INFORMATION i r i i . SHEET NO. 33 WELD COUNTY,COLORADO, SOUTHERN PART (PROSPECT VALLEY QUADRANGLE) 104°22'30" R.63 W. I R.62 W. .f}r ..; - S-4. > > (� {'S x t d�t r ea�'..II° '1� � i :. '�! 40°07'30"G r e ra4�r�' I 39 I tb�eG� v t 1 �`fi 4 F %i r ...„,,,.?r„,...,• g,...;:„.,,,..:_„, ^� r ny .,• (/ V C H1 XI \ r sk�x '�. rr� .. 4;41(,,,r�2M]"r""� 4L�''.. • ) .- a't •II�N � Sub ect Pt,rGeI •'3_,,..:.i � r. ti n.s�� 6 k G � w~'°,}� � �7��frc-sPcr bat _ � * v ti [tr., a . - I 0.�}�A .L a � U� r � I. 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J yaL ..rev �' i0!/ 5 / {E"r� l -;.,;:#7.2.:;.�f 4 • 1" F t C/ �t "i I • i • - kA G�,�ri= t� a„17. £:,rrr1., 4 .Ffe i 1.. °.1 • 6�a,�,-7. t v��,.ai�ab tc m' � � C/'aR-e ,: -4ir ,s1 _ 25 ;C-:.- 3�K'ry .e 3Q`tt.$t- �r : A 1 j :IA 25't44q fon 1,,4, i 36 . t � r stk��� � y y Ko:A::.%,.it . �s . O''.4 26 0 �of tai JG0. 12 `�y ;.»kkii4c1 li Ya �f.V. k. 15;::: fi` GJ. , F3 s?C1?+asR�;', • .......„%.. ..,„tb ~k` Pos e*k Z. e 1 F' � , V _ 1rGz (I 79 Z Yl,� N .. �:S ,( q � 3�3 )4 l LI . c •1rt. A^5,. 2 ;� I�L ,, j39 a r w gr. 1 a T r 9 rka s ' I 3 7e•tk •)k"a`iv*.7 11:^(::;114!:11:4:4:41 arrw'�, —tui'`" t rn�.'..�xc \ .. r l.cr.� G`! ti i s� 3Ptp E"` rs. y`{S`� a' s 7¢t y_.tI 5 I o-4 fi .Peet "'^= ^ 7 WELD COUNTY, COLORADO. SOUTHERN PART 9 These are deep, poorly drained soils that formed in If summer fallowed in alternate years, this soil is well recent alluvium. No one pedon is typical. Commonly the suited to winter wheat, barley, and sorghum. Winter soils have a mottled, mildly to moderately alkaline loamy wheat is the principal crop. The predicted average yield is or clayey surface layer and underlying material that ex- 33 bushels per acre. If the crop is winterkilled, spring tends to a depth of 60 inches or more. In places they have wheat can be seeded. Generally precipitation is too low a gleyed layer in the underlying material. for beneficial use of fertilizer. Most of the acreage is subject to excessive runoff. The Stubble mulch farming, striperopping, and minimum til- water table is at or near the surface in spring and during lage are needed to control soil blowing and water erosion. the peak of the irrigation season. Terracing also may be needed to control water erosion. These soils are used for rangeland and wildlife habitat. The potential native vegetation on this range site is Some small areas are irrigated pasture. dominated by sand bluestem, sand reedgrass, and blue The potential native vegetation is dominated by grama. Needleandthread, switchgrass, sideoats grama, switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and western wheatgrass are also prominent. Potential big bluestem, indiangrass, western wheatgrass, slender production ranges from 2,200 pounds per acre in favora- wheatgrass, sedge, and rush. Cattails and bullrush grow ble years to 1,800 pounds in unfavorable years.As range condition deteriorates, the sand bluestem, sand reedgrass, in the swampy spots associated with these range sites. and switchgrass decrease and blue grama, sand dropseed, Potential production ranges from 4,000 pounds per acre in favorable years to 3,000 pounds in unfavorable years. As and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. range condition deteriorates, the tall and mid grasses Management of vegetation should be based on taking decrease, production drops, and saltgrass, sedge, and rush half and leaving half of the total annual production. Seed- increase. The farming and irrigation in adjacent areas has ing is desirable if the range is in poor condition. Sand increased the amount of salts on much of the acreage. bluestem, sand reedgrass, switchgrass, sideoats grama, Management of vegetation on this soil should be based blue grama, pubescent wheatgrass, and crested wheat- on taking half and leaving half of the total annual produc- grass are suitable for seeding. The grass selected should tion. Switchgrass, big bluestem, indiangrass, western meet the seasonal requirements of livestock. It can be wheatgrass, pubescent wheatgrass, intermediate wheat- seeded into a clean,-firm sorghum stubble, or it can be grass, tall wheatgrass, and tall fescue are suitable for drilled into a firm prepared seedbed. Seeding early in seeding. The plants selected should met the seasonal spring has proven most successful. requirements of livestock For successful seeding, a firm Windbreaks and environmental plantings are generally prepared seedbed is needed. A grass drill should be used. suited to this soil. Soil blowing, the principal hazard in Seeding early in spring has proven most successful. Til- establishing trees and shrubs, can be controlled by cul- lage is needed to eliminate the undesirable vegetation. tivating only in the tree row and by leaving a strip of Wetland wildlife, especially waterfowl, utilize this unit. vegetation between the rows. Supplemental irrigation The wetland plants provide nesting and protective cover may be needed at the time of planting and during dry as well as some food. The nearby irrigated cropland, periods. Trees that are best suited and have good survival where wildlife obtain much of their food and fmd protec- are Rocky Mountain juniper, eastern redcedar, ponderosa tive cover, makes this unit valuable to both wetland and pine, Siberian ehn, Russian-olive, and hackberry. The openland wildlife. shrubs best suited are skunkbush sumac, lilac, and Siberi- Openland wildlife, especially pheasant, use this unit for an peashrub. cover and nesting. Deer fmd excellent cover in some Wildlife is an important secondary use of this soil. The areas. These valuable wildlife areas should be protected cropland areas provide favorable habitat for ring-necked from fire and fenced to prevent encroachment and pheasant and mourning dove. Many nongame species can overuse by livestock. They should not be drained., Capa- be attracted by establishing areas for nesting and escape bility subclass VIw; Aquolls in Salt Meadow range site, cover. For pheasants, undisturbed nesting cover is essen- Aquepts in Wet Meadow range site. tial and should be included in plans for habitat develop- ->r}-Ascalon sandy loam, 1 to 3 percent slopes. This is ment. Rangeland wildlife, for example, the pronghorn an- a deep, well drained soil on uplands at elevations of 4,600 telope, can be attracted by developing livestock watering to 5,200 feet. It formed in alluvium. Included in mapping facilities, managing livestock grazing, and reseeding are small areas of rock outcrop. where needed. Typically the surface layer is brown sandy loam about Few areas of this Ascalon soil are in major growth and 10 inches thick. The subsoil is pale brown and yellowish urbanized centers. The shrink-swell potential of the sub- brown sandy clay loam about 15 inches thick. The sub- soil as it wets and dries is the most limiting soil feature stratum to a depth of 60 inches is calcareous fine sandy that must be considered in planning homesites and con- loam. structing roads. Capability subclass IIIe nonirrigated; :-- Permeability is moderate. Available water capacity is Sandy Plains range site. high. The effective rooting depth is 60 inches or more. 6—Ascalon sandy loam, 3 to 5 percent slopes. This is Surface runoff is slow, and the erosion hazard is low. a deep, well drained soil on uplands at elevations of 4,600 1 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in 'unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reedgrass, shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grama, sand dropseed, an 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, and pubescent wheatgrass are suita- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil. a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven most successful. rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class 1 irrigated. tivating only in the tree row and by leaving a strip of X- Olney fine Bandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, and Siberi- - Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and .escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low. land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for tap yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or -- 124 SOIL SURVEY . I TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS [The symbol < means less than; > means greater than. Absence of an entry means data were not estimated] I Classification Frag- Percentage passing Soil name and Depth USDA texture ments sieve number-- ; AASHTO > j , map symbol Unified , Liquid Plas- limit tic ity In inches 4 ; 10 40 1200 Pct i index Pct i X 1, 2 0-10 Loam CL-ML A-4 0 90-10085-100 60- Altvan 10-25 Clay loam, loam CL A_6, A_ 95 50-75 20-30 5-10 25-60 Sand and 7 0 95-100 70-100 85-100 70-80 35-50 15-25 gravel SP, SP-SM A-1 0 75-95 70-90 25-35 0-10 -__ NP 3•: - Aquolls 0-48 Variable ___ ___ ___ ___ --_48-60 Sand, gravelly SP, SP-SM A-1 0-10 60-90 50-70 30-50 0-10 NP sand. • Aquents 0-48 Variable ___ ___ ___ ___ ___ --- 48-60 Sand and gravel SP, SP-SM A-1 0-10 60-90 50-70 30-50 0-10 ___ NP - 4•; Aquolls 0-60 Variable ___ ___ ___ ___ 0-60 Variable A ue is - q P e 5, 6, 7 0-8 Sandy loam SM ;A-2� A-4 0 95-100 90-100 70- 15-25 _' Ascalon 8-18 Sandy clay loam SC, CL ;A-6 0 95-100 90-100 80-100 40-55 20-40 10-20 18-60 Sandy loam, SC, IA-4, A-6 0 95-100 95-100 75-95 35-65 20-40 sandy clay SM-SC, 5'15 loam, fine CL, sandy loam. CL-ML • 3, 9 0-8 Loam SM A-2, A-4 0 95-100 90-100 70-95 25-50 15-25 NP-5 Ascalon 8-18 Sandy clay loam SC, CL A-6 0 95-100 90-100 80-100 40- 18-60 Sandy loam, SC, A-4, A-6 0 55 20-40 10-20 sand clay 95-100 95-100 75-95 35-65 20-40 5_75 Y e SL, loam, tine CL, sandy loam. CL-ML 10 0-4 Sandy loam SM A-2, A-4 0 95-100 90-100 60-70 Sankard 4-60 Fine sand, sand, SP-SM, SM A-2, 0_ 30-40 ___ NP 5 70-100 60-100 40-70 5-25 --- ,1p gravelly sand. A-3, A-1 11 , 12 0-16 Sandy loam SM A-1 , A-2 0 Presser 16-25 Sandy Clay loam SC A-2 0 95-100 75-100 35-50 20-35 15-25 ;10-5 95-100 75-100 50-70 j0-50 30-55 70-25 A_6, 25-30 Sandy loam, SC, SM-SC A-2, A_1 0 90-100 60-100 30-60 20-30 25-35 S-15 coarse sandy loam, gravelly sandy loam. 30-60 Loamy coarse SP-SC A-2, A-1 0-5 80-100 35-85 20-50 5-10 0 sand, gravelly 20-3 5-10 loamy sand, very gravelly loamy sand. 1` 0-9 Gravelly sandy ;M A-1 , A-2 0-15 50-65 50-60 15-40 10-35 --- UP Cascajo loam. — 9-31 Very gravelly ;P-G'4, A-1 0-15 15-50 15-50 5-30 0-20 -__ NP sandy loam, GP, GM very gravelly loamy sand, very gravelly sand. 31-60 Very gravelly ;P, So A-1 0-15 10-60 10-60 ___ loamy sand, 1P-1v, 5-30 0-10 Np , very gravelly SP-S`!� • sand, gravelly sand. 1 Zee footnote at end of table. r- 126 SOIL SURVEY - TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS--Continued Classification Frag- Percentage passing ' Soil name and Depth USDA texture ; ' ments sieve number-- ;Liquid I Plas- map symbol Unified AASHTO > 3 I limit I ticity inches 4 10 40 200 index In Pct Pct 36•: Shingle 0-6 Loam ;CL-ML A-4 0-5 75-100 75-100 70-95 55-75 25-35 5-10 6-18 Clay loam, loam CL ,A-6 0 75-100 75-100 65-100 50-80 30-40 10-20 18 Unweathered --- --- --- --- --- --- --- --- --- bedrock. 37, 38 0-9 Fine sandy loam ML, SM ,A-4 0-5 75-100 75-100 70-90 - 45-60 --- NP Nelson 9-30 Fine sandy loam, SM, ML A-4, A-2 0 75-100 75-100 60-85 30-55 --- NP sandy loam. -- 30 Weathered --- --- --- --- --- --- --- ___ ___ bedrock. 39, 40 0-9 Loam CL, SC A-6 0-5 95-100 80-95 70-95 45-75 25-40 10-20 Nunn 9-29 Clay loam, clay ,CL, CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 35-60 20-35 29-60 Clay loam, loam, CL, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 sandy loam. CL-ML, A-6, SM-SC, A-2 SC 41 , 42 0-9 Clay loam CL, SC A-6 0-5 95-100 80-95 70-95 45-75 25-40 10-20 ' , Nunn 9-29 Clay loam, clay CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 35-60 20-35 29-60 Clay loam, loam, CL, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 sandy loam. CL-ML, A-6, SM-SC, A-2 _ SC 43 0-9 Loamy sand SM A-2 0-5 95-100 80-95 60-80 20-30 --- NP Nuns 1 9-30 Clay loam, clay CL, CH A-6, A-7 0-5 95-100 90-100 85-95 65-75 35-60 20-35 ..30-60 Clay loam, loam, CL, A-4, 0-5 80-100 80-100 60-90 25-75 15-40 5-20 sandy loam. CL-ML, A-6, SM-SC, A-2 I SC 44, 45 0-10 Loamy sand SM A-2 0 95-100 90-100 60-90 15-25 --- NP Olney ;10-20 Sandy clay loam SC, CL A-6 0 95-100 90-100 80-100 40-55 20-40 10-20 120-25 Sandy loam, SC, A-4, A-6 0 95-100 95-100 75-95 35-55 20-35 5-15 ' sandy clay SM-SC, loam, fine CL, sandy loam.. CL-ML '25-60 Fine sandy loam, SM A-2 0 95-100 95-100 70-95 20-35 --- - NP loamy fine sand. 46, 47, 48 0-10 Fine sandy loam SM A-2 0 95-100 90-100 70-95 20-35 15-25 NP-5 _ Olney .'J-20 Sandy clay loam SC, CL A-6 0 95-100 90-100 80-100 40-55 20-40 10-20 12)-25 Sandy loam, SC, A-4, A-6 0 95-100 95-100 75-95 35-55 20-35 5-15 sandy clay SM-SC, loam, fine CL, sandy loam. CL-ML ,25-60 Fine sandy loam, SM A-2 0 95-100 95-100 70-95 20-35 --- NP loamy fine sand. 49 1 :-22 Sand SM A-2 0 100 100 65-80 15-30 --- NP Osgood 22-34 Sandy loam SM A-2, A-4 0 100 100 60-80 30-40 --- NP ;34-60 Loamy sand, sand SM A-2 0 100 95-100 50-75 10-25 --- NP 50, 51 , 52, 53 1-12 Sandy loam SM A-2 0-1 95-100 75-100 50-80 20-35 --- NP Otero ''2-60 Sandy loam, fine SM A-2, A-1 0-1 90-100 50-100 40-80 20-35 --- NP sandy loam, . gravelly sandy loam. 54, 55 ' 7-20 Loam ML A-4 0 95-100 90-100 75-95 55-75 25-35 NP-5 Paoli -25 Fine sandy loam, SM A-4 0 8=-100 80-100 60-85 35-50 --- NP I - sandy loam. c5-60 Fine sandy loam, SM A-2, A-4 0 75-100 75-100 55-85 30-50 --- MP sandy loam. -, See footnote at end of table. I WELD COUNTY, COLORADO, SOUTHERN PART 129 TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS (The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated] i Risk of corrosion Erosion Wind Soil name and Depth: Permea- ;Available Soil Salinity Shrink- factors erodi- map symbol 1 bility : water reaction swell Uncoated Concrete T- bility : capacity potential steel K T group_ In 1 In/hr In/in at Mmhos/cm __T___I_- 1, 2 0-101 0.6-2.0 0.20-0.24 6.6-7.8 --- Low Moderate Low 0.24 3 5 Altvan 10-251 0.6-2.0 0.15-0.17 7.4-8.4 <2 Moderate Moderate Low 0.28 25-60: >20 0.02-0.04 7.4-9.0 <2 Low Moderate Low 0.10 : . 3•: : Aquolls 0-48 --- --- --- --- --- --- --- 48-60 >20 0.04-0.06 7.4-8.4 2-16 Low High Moderate --- Aquents 0-48i --- --- --- --- --- --- --- 48-60: >20 0.04-0.06 7.4-8.4 2-16 :Low High Moderate --- : 45: : Aquolls 0-60: --- --- --- --- : --- --- --- • Aquepts 0-60: 5, 6, 7, 8, 9 0-8 0.6-6.0 0.11-0.16 6.6-7.8 <2 Low Low Low ' :0.17 5 3 Ascalon 8-18 0.6-2.0 0.13-0.15 6.6-7.8 <2 Moderate Moderate Low :0.24 18-60 0.6-6.0 0.11-0.15 7.9-8.4 <2 Low Moderate Low :0.24 10 - 0-4 : 2.0-6.0 0.09-0.12 7.4-8.4 <2 Low Moderate Low 0.10 5 3 Bankard 4-60 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0. 10 11 , 12 0-16 0.6-6.0 0.11-0.13 6.1-7.3 --- Low Low Low 0.10 5 2 Bresser 16-25 0.6-2.0 0.15-0.18 6.6-7.3 --- Low Moderate Low 0. 15 25-30 0.6-6.0 0.10-0.13 6.6-7.3 --- Low Low Low 0.10 30-60 2.0-20 0.05-0.08 6.6-7.3 --- Low Low Low 0.10 13 0-9 2.0-6.0 0.07-0.09 7.4-8.4 <2 Low Moderate Low 0.10 5 3 Casca,jo 9-31 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0.10 31-60 6.0-20 0.05-0.06 7.4-8.4 <2 Low Moderate Low 0.10 14, 15, 16, 17 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low 0.37 5 4L Colby 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Lou ,0.37 i8•. Colby 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low :0.37 5 1L 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Low :0.37 Adena 0-6 0.6-2.0 0.18-0.21 6.6-7.8 <2 Low, Moderate Low :0.37 5 5 6-9 0.06-0.2 0.16-0.18 6.6-7.8 <2 high High Low ;0.24 9-60 0.6-2.0 0.16-0.18 7.4-8.4 <2 Low High Low :0.32 19, 20 0-14 0.6-2.0 0.14-0.18 7.4-8.4 <2 Low High Low :0.32 5 5 Colombo 14-21 0.6-2.0 0.14-0.16 7.4-8.4 <2 Moderate High Low :0.28 21-60 0.6-2.0 0.14-0.16 7.4-8.4 <2 Low High Low :0.23 21 , 22 0-12 0.2-0.6 0.19-0.21 6.6-7.8 <2 Moderate Moderate Low 0.24 3 5 Dacono 12-21 0.2-0.6 0.15-0.21 7.4-8.4 <2 High High Low 0.24 21-27 0.2-2.0 0.13-0.18 7.4-8.4 <2 Moderate High Lox 0.15 27-60 >20 0.03-0.05 7.4-8.4 <2 Low High Low 0.10 23, 24 0-7 0.6-2.0 0.16-0.20 6.6-7.8 <2 Low Moderate Low 0.20 5 Fort Collins 7-11 0.6-2.0 0.16-0.18 7.4-7.8 <2 Moderate Moderate Low 0.20 11-60 0.6-2.0 0.16-0.18 7.4-8.4 <2 Low High Low •7.20 25, 26 0-4 0.6-2.0 0.14-0. 18 6.6-8.4 <8 Low High Low 0.28 5 - Haverson 4-60 0.6-2.0 0.74-0.18 7.u-8.4 <8 '_ow Nigh Loa 0.29 - . 27, 28 0-60 0.06-0.6 0.12-0.17 7.9-9.0 <9 High High High 0.23 5 Heldt I See footnote at end of table. • • 1$0 SOIL SURVEY TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS--Continued Risk of corrosion_ Erosion;'Wind ' Soil name and ;Depth Permea- Available Soil ;Salinity Shrink- • factors;erodi- map symbol bility water reaction i swell Uncoated Concrete I Ibility capacity potential steel K T ; rou—_e- In In/hr In/in EH Mmhos/em --T� ; 29, 30 0-12 2.0-20 0.11-0.15; 6.6-7.8 <2 Low Moderate Low 0.24 5 3 Julesburg 12-27 2.0-20 0.11-0.15 6.6-7.8 <2 Low Moderate Low 0.24 27-60 >6.0 0.05-0.13 6.6-7.8 <2 Low Moderate Low 0.20 31, 32, 33, 34 0-12 0.6-2.0 0.16-0.18 7.9-8.4 <2 Low Moderate Low 0.32 5 4L Kim 12-60 0.6-2.0 0.15-0.17 7.9-8.4 <2 Low Moderate Low 0.32 35': Loup 0-16 6.0-20 0.10-0.14 6.6-8.4 <2 Low High Lbw 0.17 5 2 16-60, 6.0-20 0.06-0.08 7.4-8.4 <2 Low High Low 0.17 i Boel 0-14; 6.0-20 0.10-0.12 6.6-8.4 <2 Low High Law 0.17: 5 2 14-60: 6.0-20 0.05-0.07 6.6-8.4 <2 Low High Low 0.17: 36•: Midway 0-13 0.06-0.2 0.12-0.17 7.9-9.0 2-8 High High Law 0.43; 1 4 13 --- --- --- --- --- Shingle 0-6 0.6-2.0 0.16-0.18 7.4-9.0 <2 Low High Low 0.32; 2 4L 6-18 0.6-2.0 0.16-0.21 7.9-9.0 <2 Moderate High Low 0.49; 18 ___ ___ ___ ___ _ ; 37, 38 0-9 2.0-6.0 0.13-0.15 7.9-8.4 <2 Low High Low 0.20 2 3 Nelson 9-30 2.0-6.0 0.11-0.13 7.9-8.4 <2 Low High Low 0.20 30 --- --- --- --- --- 39, 40, 41 , 42 0-9 i 0.2-2.0 0.15-0.20 6.6-7.8 <2 Moderate Moderate Low 0.24 5 5 Nunn 9-29;0.06-0.6 0.15-0.18 7.4-8.4 <2 High High Low 0.28 29-60; 0.2-2.0 0.10-0.18 7.4-8.4 <2 Moderate High Low 0.24 43 0-9 ; 2.0-6.0 0.10-0.14 6.6-7.8 <2 Low Moderate Low 0.15 5 3 Nunn 9-29 0.06-0.6 0.15-0.18 7.4-8.4 <2 High High Low 0.28 29-60 0.2-2.0 0.10-0.18 7.4-8.4 <2 Moderate High Low 0.24 44, 45 0-10 6.0-20 0.06-0.10 6.6-7.8 <2 Low Low Low 7.17 5 2 Olney 10-20 0.6-2.0 0.13-0.15 6.6-7.8 <2 Moderate High Low 0.24 20-25 0.6-6.0 0.11-0. 15 7.9-8.4 <2 Low High Low 0,24 • 25-60 2.0-6.0. 0.06-0.13 7.9-8.4 <2 Low High Low 0.20 46, 47, 48 0-10 0.6-6.0 0.11-0.15 6.6-7.8 <2 Low Moderate Low ;.20 5 3 Olney 10-20 0.6-2.0 0.13-0.15 6.6-7.8 <2 Moderate High Low :0.24 20-25 0.6-6.0 0.11-0.15 7.9-8.4 <2 Low High Low ;0.24 25-60 2.0-6.0 0.06-0. 13 7.9-8.4 <2 Law High Low .20 49 0-22 6.0-20 0.05-0.08 6.6-7.3 --- Low Low Low 10.10 5 1 Osgood 22-34 2.0-6.0 0.10-0.13 6.6-7.3 --- Low Low Low ;0.17 34-60 6.0-20 0.06-0.08 6.6-8.4 <2 Low Moderate Low ;0.10 50, 51 , 52, 53 0-12 6.0-20 0.09-0.13 7.4-8.4 <2 Low High Low ;0.10 5 2 Otero 12-60 6.0-20 0.08-0.12 7.4-8.4 <4 Low High Low ;0.10 54, 55 0-20 0.6-2.0 0.16-0.18 6.6-7.3 --- Low Moderate Low 0.20 5 5 Paoli 20-25 >6.0 0.14-0. 17 7.4-7.8 <2 Low High Low 2.20 25-60 >6.0 0.12-0.14 7.4-8.4 <2 Low High Low ;0.20 56, 57 0-9 0.2-0.6 0.17-0.21 6.6-7.8 <2 Moderate High Low ;0.37 3 5 Renohill 9-32 0.06-0.2' 0. 14-0.16 6.6-8.4 <2 High High Low 0.32 32 --- --- --- --- I--- ' 58, 59 0-6 0.6-2.0 0.16-0.18 7.4-9.0 <2 Low High Low ;0.32 2 4L Shingle 6-18 0.6-2.0 0.16-0.21 7.9-9.0 <2 Moderate High Low ;0.49 18 ___ ___ ___ 60*: _ Shingle 0-6 0.6-2.0 0.16-0.18 7.4_9,0 <2 Low High Lou I E.32 ? 4L 6-18 0.6-2.0 0.16-0.21 7.9-9.0 <2 Moderate High Low ;0.49 18 --- --- --- --- See footnote at end of table. -- L i 132 SOIL SURVEY TABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." . The symbol K means less than; > means greater than] Flooding Nigh water table Bedrock Soil name and Hydro- Potential map symbol logic Frequency Duration Months ; Depth ' Kind Months Depth:Hard- frost group ' ness action Ft In ; 1, 2 B None --- ___ >6.0 --- --- >60 --- Moderate. Altvan 3•: Aquolls D Frequent---- Brief Apr-Jun 0.5-1.0 Apparent Apr-Jun >60 --- High. Aquents D Frequent---- Brief Apr-Jun 0.5-1.0 Ap parent pparent Apr-Jun >60 ; --- High. 4•: A uolls q D Frequent----;Brief Apr-Jun 0.5-1.S;Appar ent Apr-Jun >60 --- High. A ue is q P D Frequent----;Brief Apr-Jun 0.5-1.S;Apparent,Apr-Jun >60 ; --- High. 5, 6, 7, 8, 9 B None I Ascalon --- >6.0 1 --- --- >60 --- ;Moderate. 10 A -Frequent--- Brief Mar-Jun >6.0 --- --- >60 --- Low. Bankard q 11 , 12 B None --_ _-_ >6.0 ___ ___ >60 --- Moderate. Bresser 13 A None --- --_ >6.0 --- --- >60 --- Low. Cascajo 14, 15, 16, 17---- B None . _-_ ___ >6.0 --- --_ >60 --- Low. Colby 18•: Colby B None ___ ___ >6.0 ___ ___ >60 ___ Low. Adena C None ___ ___ >6.0 ___ ___ >60 ___ Low. 19, 20 B Rare_ --- --_ >6.0 ___ ___ >60 --- Moderate. Colombo 21, 22 C None ___ >6.0 ___ ___ >60 ___ Low. Dacono t 23, 24 B None to rare --- --_ >6.0 --- ___ --_ , Fort Collins >60 Low. 25, 25 B Rare to Brief May-Sep >6.0 --- --- >60 --- Low. Meyerson common. 27, 28 C None --- >6.0 Heldt --- --- >60 --- Low. 29, 30 A 'lone -__ ___ >6.0 __- ___ >60 ___ Moderate. Julesburg 31, 32, 33, 34---- B `done - >6.0 --- --- >60 --- Low. Kim 35': Loup D Rare to Brief Mar-Jun;4-.5-1.5 Apparent Nov-:lay >60 --- Moderate. common. Boel A Occasional ;Brief Mar-Jun; 1.5-3.5 Apparent Nov-May >6C --- Moderate. 36•: 1 i Midway D 'lone --- --- >6.0 --- --- 10-2 D;RiP- Low. '- ; pable See footnote at end of table. i WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 14.--SOIL AND WATER FEATURES--Continued "- Flooding T High water table Bedrock Soil name and Hydro- ; ; Potential map symbol logic Frequency Duration 'Months Depth Kind 'Months Depth Hard- frost group ' ness action ' Ft In 36•: Shingle D None --- --- >6.0 --- --- 10-20 Rip- Low. pable 37, 38 B None --- --- >6.0 --- --- 20-40 Rip- Low. Nelson pable i 39, 40, 41 , 42, ' 43 C ;None --- --- >6.0 --- --- >60 --- Moderate. Nunn ' 44, 45, 46, 47, 48 B None --- --- >6.0 --- --- >60 --- Low. Olney 49 A None --- --- >6.0 --- --- >60 --- Low. Osgood 50, 51 , 52, 53---- B None --- --- >6.0 --- --- >60 --- Low. Otero 54, 55 B None to rare --- --- >6.0 --- --- >60 --- Moderate. Paoli 56, 57 C None --- ; --- >6.0 --- --- 20-40 Rio- Low. Renohill pable 58, 59 D None --- --- >6.0 --- --- 10-20 Rip- Low. Shingle pable 60•: Shingle D None --- --- >6.0 --- --- 10-20 Rip- Low. pable Renohill C None --- --- >6.0 --- --- 20-40 Rip- Low. pable 61 D None _ --- --- >6.0 --- --- 10-20 Rip- a mow pa51e, 52, 63 9 None --- --- >6.0 --- --- 20-40 Rip- Low. Terry pable 64, 65 C None --- --- >6.0 --- --- 20-40 Rip- .Low. Thedalund gable; 66, 67 C None --- --- >6.0 --- --- >60 --- Low. Ulm 68° A None --- --- >6.0 --- --- >60 --- Low. Ustic Torriorthents 69, 70 A None --- --- >6.0 --- --- >60 --- Low. Valent 71i: Valent A None --- --- >6.0 -- --- >60 --- Low. - Loup D Rare to Brief Mar-Jun ..5-1.5 Apparent Nov-May >60 --- Moderate. I common. I 72, 73, 74, 75, 76, 77 B None --- --- >6.0 --- --- >60 --- Low. Vona i . See footnote at end of table. I ' I APPENDIX C DEED • s. a -J: - — i! I ,t,In AR22141,06 Reer B 12 RFC 02214106 -05/16/90 15:55 • •00 1/002 `�+ �a t{ K' .� 7 _ Rec. F 070„ MARY ANN FEUERSTEIN CLERK 6 RECORl. 'WELD CO, CO -'3 1 -1 • f ,3 1 . ----'--- r. '�1� r F _1y Y II % , �ri� � J. N. Thompson Farms, Inc. I -v-,z- State Documentary Fee ; �'}-�-h�. *' -q t-7, Date....,d.:./4-10 f a corporation duly organized and existing under and by virtue of I$ _75, 00 �,..=�y tl k''; • '4,14:,1,c1,-1t,-1 the laws of the State of Colorado F.`, id,„: I ' !` whose address is 1 5366 Road 0, Fort Morgan, Colors o 1; -C. �z n1�., County of Morgan ,and State of 3s i' �' k I. !f. Y •1',''iVY�. WI ,,, . Colorado ,for the consideration of Ten Dollars alb IKA, ,,.'�`k !• =ir; _ and other valuable consideration `•y r._ •: in hand paid,hereby sell(s) and convey(s) to Richard Hes see :Ii..--..:.:7:444.1(7,` ;•,. 1`1 i 2,•1, ' I' whose legal address is 35895 WCR 18, Roggen, CO 80652 ,County of ii ° 's tilfir Tk X ! t' 1 �f'IL-1 t , :.I;;I + 'rzi:_ ; Weld ,and State of Colorado ,the following real property in the i ' €�•1 1 i. r1 County of Weld ,and State of Colorado,to wit: 'gym �,p`'+„i�.y. ;f �� 1 �'��, , ,, u See Exhibit A Attached: r ;.--,-..-t-:4-11-1 : ' _� ,; Including all water, water rights pertaining thereto owned by • ';; � . 11 grantor including specifically the wells with State Permit a ±≤ , lx Z ,;-' X015295-F and X 1.017306-F; .r '€ : c � s Excepting unto the grantor all previous oil,. gas and other z. ��Wx�'� r�r mineral reservations of record. -a°--w4 e 1 ry:s va ele-t, ,,,� S 5 S 4 a,voisatrouszoaiXV„Y„MOt , 1 •X . T h kSs::+-.p ..•...A- with all its appurtenances,and warrant(e) the title to the some,subject to taxes of 1990 due ' x �, .�, ' and payable in 1991 ; rights of way, easements and oil and gas lease ",-,. .z4"x ��, • x��'t``. of record; including but not limited to a right of way for public •itti '`�- , {tea^ highway recorded in Book 884 at page 439. �C4f4A:. •r�� A�� S1 S� --, 'tl �`.r~si this 15 day of May .18 90 Q; d'i -a. .. -.• v.:•��si; ---(..-97...."...P,'t J. N. Thompson Farms, Inc. � ��'��� J , 4tif v �i�. '�-s y. ����j � y� y� ✓ � - El'alli.t' Goa ,tiC. -•c•._ B .fi47/e n1G�/.son..+ t�`� i� By a +l '-� n - Secretary. Pro:dent. ; '� .. a3 Cr. 7r. .• r ',r• a 'r' s . • cO L 011' OH'COLORADO r'4 •, + -,-.3,94,...,_±,)-2^......:74-,,,g...,.- 1z. 1h pe •t.,. }ea. —�.—.__.County of, Mo;gag._ 111 r ,t 4c4=• The foregoing instrument was acknowledged before me this 15 dysi May r4 .. .., K-.: 90 J. N. Thom son '14=f�. 4 _� . 19 .by P ea President and P,F, „,V•, 4n. r �� , . Susan Jilek as Becretaryot �� t—A*rt y fi -�F.. y5^ F _ _ Y -.4' J. N. Thompson Farms, Inc. • ,acorporation. r .'".* `,• crirt1K9 commleatoa expires _• D, ;- Witness my hand and official seal. Y1,- PP h:.Fy `GIs rkie . / I i 1. � r_ = °/NO•;AA'')• A2460-....94....�,1�? .� .� b ,..: • ,y. ,t, ,'.�.� N PaEBe. i z o 1 '=s ;tt Na.IMIC.OASSANTr 22set`�tn Yea(Cawatln).-Br,db,E aAY,WI.a22 W.NO A,,.,IY,.ao1,C0 OM-1101122/MW-1.0 a '`; M1_ ' _ ;. ------ - ---- ------- - -- - - ----- -- -- - -- -- :dl v • r -;� B 1264 fl-- 02214106 05/16/90 15:55 510. 2/002 -'. h • F 0769 NARY ANN FEDERSTEIN CLERK a RECORDER WELD CO, CO �'•' 1,,_1;4 . _ -x41,-;,-.., { g --5,;:- fikir.. 4 44 � t •: ,r... !-,--,4:4: } 4 t2' i EXHIBIT "A" tc ! �Y.. 44 -..r" Y`Y;23; t � «�+ ;s i : - 4.;,-.4;44-.5.4-, .. r ..1 _. F. Y0 s. { 12 X5._3 z �. PARCEL 1 7.1;--2":41•-•--,V; � ` £_- * '=,.sue' Lot A of Recorded Exemption No. 1303-24-4-RE473, recorded January 21, .',r. . :4 „&”„c-!„ 1981 in Book 925 as Reception No. 1847466, being more particularly y ' F ' -4:i.... described as follows: 1• _n ` A parcel o£ land located in the SEk e£ Section 24, Township 2 North, h Range 63 West of the 6th P.M., being more particularly described '° 3. ' a .s: as follows: i�;at he of i `�:`"it thelEastGlinetof saidheast section asrbearingdN00.00100"E,n 24 and with all otherire. -1' - > bearings contained herein relative thereto; r � f s thence NOO.00'00"E, along said East line, 1366.65 feet; s, - ; ,_,_ > thence N89.45'12"W, 951.32 feet; j14.n. thence 500.01'12"E, 567.31 feet; gr thence 530.57'42"W, 124.71 feet; . - :• r,.: thence 502.36'02"E, 442.16 feet; - r� v r' thence 520.19'14•E, 34.42 feet; _ < e '= s;; thence 800.24'38"W, 218.75 feet to a point on the South line of said .Section 24; .<t2,‘,,,.- •-. -s, ' ' thence 589.46'49"E, along said South line, 984.83 feet to the POINT '`Y F, i ` OF BEGINNING. ",. t ` .'1‘,-, f{ art: M,.. '" PARCEL 2 e., r Tz 3• - 4 > Lot A of Recorded Exemption N0. 1477-25-1-RE 474, recorded January 21, N=r ,, P24j. . +�•, ‘ 1581 in Hook 925 as Reception No. 1847468, being more particularly ' 0Y'•'-#7- -,F ± -V� described as follows: 4, 44...c - A parcel of land located in the NEh of Section 25, Township 2 North, ' : ."`,..t ft l'-k;- &:4, Range 63 West of the 6th P.M., being more particularly described kt'. as follows: :,-,---,-,..4, .1/4 BEGINNING at the NEk of said Section 25 and considering the East line ,- ;44r bfr . - 'a of said section as bearing 500.00'00"W, with all other bearings contains: -x> ar ha�.< • 4. herein relative thereto; T "'` w thence 500.00'00"W, along said East line, 1304.56 feet; . •ar3 • .`<: ' thence 586'34'50"W, 285.04 feet: s' � f r thence N89.48!55"H, .636.09 .feet; • . ';4,%--1-1.%=,-,t.-� ,( r thence N00.52'24"W, 455.41 feet,. 3 �.` 'g=�3.�: ; thence NOO.08'59"E, 867.70 feet to a point on the North line of said Y ..`.a ,,,-.??-4.,,z..-.. Section 25; ,-5 �, thence 589.46'49"E, along said North line, 925.30 feet to the POINT ,Th"}�5- �,:':;- 41.4...1%.,1, OF BEGINNING. :1;i -eir 'C C.'I J6 „<' h • 'n iip i ,y4 ? • - t ✓ •.7 DD � ea- b i f > ! y • ;44-_:.‘9.-4 , • t i,$ i.V 3s (fir. h4-.4 • 4-,s...-,,,14-r, . �} 4s. atM�. APPENDIX D PROPERTY OWNERS WITHIN FIVE HUNDRED FEET AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of SE 4 of Sec. 24 and part of NE µ of Sec. 25, T. 2 N. , R. 63 W. o£ the 6th P.M. , Weld County, Colorado SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. Thomas Cope • The foregoing instrument was subscribed and sworn to before me this day of , 1S _, by WITNESS my hand and official seal. My Commission expires: i Notary Public I_ . • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # i Schoeneman Five M Ranch, Inc. P. O. Box 2582 5038286 Lyons, CO 80540 Marie T. Buchholz 7640 WCR 73 5043686 Roggen, CO 80652 Raymond R. Kauffman &. 7352 WCR 65 5058686 Julius A. Pluss Keenesburg, CO 80643 5059586 Richard Hessee 35895 WCR 18 5058786 Roggen, CO 80652 ,f I I L I APPENDIX E MINERAL OWNERS AND LESSEES AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of SE 4 of Section 24 and pert o£ NE , of Section 25, Township 2 North, Range 63 West of the 6th P.M. , Weld Co. , CO STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals 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, from an ownership update from a title or abstract company, or an attorney. Richard Hessee The foregoing instrument was subscribed and sworn to before me this day of , 19 By • / WITNESS my hand and official seal. My Commission expires: I Notary Public INTEREST OWNERS AND/OR LESSEES MINERAL AND/OR SUBSURFACE RIGHTS SUBJECTPROPERTY: Part of the SE 1/4 of Section 24 and the NE 1/4 of Section 25, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. Richard Hessee 35895 WCR 18 Roggen, CO 80652 Sargent Farms,. Inc. Roggen, CO 80652 Crystal Oil P. O. Box 72 Shreveport, LA i APPENDIX F SITE PLAN GRANT, MCHENDRIE,1i-AINES AND GROUSE PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW MICHAEL W. CALLAHAN WILLIAM_GRANT ONE UNITED BANK CENTER LYNTM IA J. MCLEAN PETER J. GROUSE JOHN N. DAH LE 1700 LINCOLN STREET, SUITE 3000 MARK N. TSCH ETTER J. ALBERT SEBALD WILLIAM R. KELSO DENVER, COLORADO 80203-1086 JEREMY P.LOHSN DONALD M. BURKHARDT GAIL E. OPPENNEER TELEPHONE (303) 832-7200 PAMELA C. BROWN DONALD B. GENTRY TELECOPIER (303) 830-2394 OF COUNSEL KEITH TEMPEL DOUGLAS MCHENDRIE JAMES E. BROWN PATRICK A. GRANT L RAIN ES,JR. JULIA O. ROBINSON CHAR E ES S H H.. WALTER J.DOWNING MICHAEL S. RENNICH JUDITH D. JUDD DAVID S. HARMON October 5, 1990 Board of County Commissioners �C:-Th Weld County 915 10th Street �I 1990 ll Greeley, Colorado 80631 �I�' fl ,T Re: Amended USR-208--Richard Hessee Wel6 CD. PINS Gnissitw Dear Commissioners: This letter and the attached Exhibits supplement Mr. Richard -I-lessee's amended Special Review Permit Application for expansion of an existing livestock confinement operation located near Roggen, Colorado and commonly called the Roggen Feedlot. Although the application was recommended for approval by the Weld County Planning Service Staff and the Environmental Protection Service, the Planning Commission has made an unfavorable recommendation to you. -This matter is set for a hearing before you on October 10, 1990. -The Planning Commission based its recommendation upon certain findings set forth in the Summary of the Weld County Planning Commission Meeting of September 18, 1990. We would like to address these findings as well as issues raised by others. A. PLANNING COMMISSION FINDING: The proposed expansion is not compatible with the existing surrounding land uses. RESPONSE: The Planning Commission acknowledges that the surrounding land uses include agriculture and oil and gas production. Indeed, the Land Use Application Summary Sheet for Amended USR-208 dated September 11, 1990 reflects that the expansion site and the properties adjacent to the proposed expansion are in the Agricultural Zone District. Specifically, the land to the north is in agricultural production and fallow ground, oil and gas production. The property to the east is on the other side of Weld County Road -73 and is used for agricultural production and pasture. The property to the south is in agricultural production, fallow ground, oil and gas production. C t ®d ay / I L 1- Al Board of County Commissioners October 5, 1990 Page 2 The property to the west is in agricultural production and is occupied by an oil and gas processing plant and a residence. The proposed expansion is consistent with the Weld County Comprehensive Plan for the Agricultural Zone District, which provides in pertinent part under goal number three; "Promote the development of commercial and industrial uses directly dependent upon the agricultural industry (e.g. commercial feed lots, farm implement dealerships, irrigation equipment companies)." (Emphasis added) The feedlot originally received its Special Use Permit (SUP) in 1973 and has continuously been compatible with the surrounding land uses. The proposed expansion is compatible with the existing land uses and with future development projected by the Weld County Comprehensive Plan. This area is not targeted for urban growth and it is anticipated that it will remain an Agricultural Zone District. The Weld County Environmental Protection Service has recommended this proposal be approved provided the applicant complies with the following conditions, which have been agreed to by the applicant: 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 run-off. 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 Run-off Containment, prior to final approval of the proposed use. 3. An odor abatement plan shall be submitted to the Weld County Health Department for review and approval prior to the operation of the facility. Sufficient equipment shall be on hand at all times to implement the plan as needed. 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. 6. No permanent disposal of wastes shall be permitted at this site. D£ l"?'2 y Board of County Commissioners October 5, 1990 Page 3 7. The existing septic system is 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. 8. An I.S.D.S. Evaluation on all existing septic systems will be necessary, prior to issuing the required septic permits on the existing systems. 9. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust must be controlled on this site. 11. Any required NPDES permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 12. Maximum permissible odor level shall not exceed the limit of 127:1 dilution threshold, as measured according to Colorado Revised Statutes. Mr. Hessee agrees to meet the above conditions to comply with the existing law and to ensure the health, safety and well being of his neighbors. Furthermore, attached hereto as Exhibit A are 27 letters from neighbors, farmers, banks, businessmen and others requesting the expansion be approved and reflecting that the proposed expansion is compatible with existing uses and desirable for the economic stability of this region. B. PLANNING COMMISSION FINDING: There is no proposed buffer or greenbelt between the feedlot and the neighbors. RESPONSE: The applicant has not proposed to place a buffer due to the agricultural nature of all surrounding properties. The Weld County Zoning Ordinance contemplates such a buffer or greenbelt when a proposed use is different in nature from the surrounding property or poses an eyesore. The proposed expansion is not different in kind from the surrounding properties and will not create an eyesore. The individual neighbors who object to the expansion are primarily located on the opposite side (east) of Weld County Road 73 which acts as a natural buffer in itself. C. PLANNING COMMISSION FINDING: The current and proposed feedlot result in dust problems even in the presence of a sprinkling system. RESPONSE: The applicant has continuously made good faith attempts to keep the dust to a minimum. There will always be a certain amount of dust resulting from any feedlot operation. Several of the letters attached as Exhibit A are from individuals who do regular business with feedlots throughout Weld County and the region. They 34:r c)2"1 Board of County Commissioners October 5, 19911 Page 4 reflect that Mr. Hessee's operation is definitely better than most in controlling dust. Many feedlots in Weld County do not even provide sprinkling systems to abate this problem. Both the original feedlot and the proposed expansion have a sprinkler system to control and mitigate dust. Neither the Weld County Environmental Protection Service nor the Colorado Department of Health have identified Mr. Hessee's operation as being in violation of any regulation or requiring further action with respect to dust. D. PLANNING COMMISSION FINDING: The run-off ponds are overflowing and the applicant has not attempted to correct this problem. RESPONSE: Mr. Hessee has now remedied the problem run off pond to ensure no further overflowing occurs. Upon information and belief, the overflow pond was never emptied by his predecessors. Mr. Hessee respectfully regrets the overflow problems and as evidenced by Exhibit B attached hereto, he has proposed to either purchase or lease certain land from Marie T. Buchholz to alleviate any damage the overflow has caused her. She has indicated that because of her sons health problem, she does not desire to talk at present, however the applicant remains open to discuss this matter at her convenience. The water containment plan which is proposed will ensure these problems do not arise in the future, even upon the occurrence of a 100-year flood event. Mr. Hessee is now purchasing his own equipment to meet any emergency that may arise from the present or expanded operation. It should be noted that this was a continuous occurrence for Mr. Hessee's predecessors and the proposed expansion will finally remedy an ongoing problem. E. PLANNING COMMISSION FINDING: There are potential groundwater pollution problems. RESPONSE: The only evidence of ground water pollution appears to have come from an oral statement by Steve Williamson, an attorney representing Linda and Joel Shoeneman. Mr. Williamson apparently stated that two tributary wells on the Shoeneman farm, which is one mile away from the feedlot, became polluted by extremely high bacteria concentrations. There is absolutely no credible scientific evidence reflecting a causal connection between Mr. Hessee's operation and this incident and without substantial testing it would be impossible to say the feedlot contributed whatsoever to this contamination. Other potential sources of this pollution include, but are not limited to, fertilizer run-off, oil and gas production, Shoeneman's own feedlot and confinement area or Sand Creek itself. so x.227 Board of County Commissioners October 5, 1990 Page 5 The well contamination apparently occurred in approximately 1973 which is the same year the SUP was issued. Although requested by Mr. Williamson's office on behalf of his clients, neither the Weld County Environmental Protection Services nor the Colorado Department of Health have identified the feedlot as contributing to any such contamination and bald allegations of same should be ignored unless substantiated by scientific proof. F. PLANNING COMMISSION FINDING: There is an inadequate manure removal and disposal plan due to the pens only being cleaned twice a year which leads to greater odor and fly problems. The applicant has not provided the quantity and location of the land upon which he proposes to spread the manure. RESPONSE: Mr. Hessee proposes to clean the pens twice a year or as necessary to ensure all health standards are met. This is standard for the industry in Weld County to correspond with the spring and fall agricultural fertilizer application, which is the most beneficial use of manure. Manure is mounded in the middle of the pens during the summer to provide high ground for the cattle and assist in run-off control. It should be noted that the odor problems increase with manure movement and decrease when in the stockpile. The proposed expansion plan includes an impermeable manure storage area to bold manure in the event it is not all taken by local farmers. The leases attached hereto as Exhibit C reflect that Mr. Hessee may spread the manure on either property situated in Weld County, Section 18, Township 2 North, Range 62 W of 6th PM, known as the Andrews Farm or on property located in Township 2, Route 63, lots 23 and 24 containing a total of approximately 360 acres. As previously stated, the Weld County Environmental Protection Service has required the applicant to submit an odor abatement plan to the Weld County Health Department for review and approval prior to operation of the facility. Mr. Hessee has agreed to this condition. Additionally, the maximum odor level will not exceed the limit of 127:1 dilution threshold. ��, .�ey '7 Board of County Commissioners October 5, 1990 Page 6 G. PLANNING COMMISSION FINDING: There is a question of whether Colorado Interstate Gas Co. will have the ability to check for gas leaks which could impact the health and well being of the neighbors. RESPONSE: Mr. Hessee is presently in good faith negotiations with Colorado Interstate Gas Co. All interested parties and their attorneys will be meeting October 8, 1990 in an attempt to resolve this matter. If an amicable agreement for gas line relocation or protection is not resolved, the proposed expansion plan can be modified to put an alley over the gas line easement and provide for adequate leak detection and line repair. H. INDIVIDUAL. OBJECTION: The feedlot has decreased land values and will continue to do so. RESPONSE: There has been absolutely no credible evidence submitted to verify this allegation. Admittedly, a residential subdivision located adjacent to a feedlot may suffer from decreased land values. However, the highest and best use of this and the surrounding land has been determined to be agricultural. The feed lot operation provides a convenient market and many of the surrounding farmers can save substantial money in transportation costs by selling their products to the feedlot. This savings is even greater given the continuing tension in the Middle East and the resultant rise in fuel costs. I. INDIVIDUAL OBJECTION: The feedlot stood empty for six to eight years prior to purchase by Mr. Boggs and thus Section 24.1.5 presumes abandonment. RESPONSE: This statement was apparently made by Richard Parker at the Planning Commission meeting and reiterated by Stephen Williamson in a letter dated September 19, 1990. Upon information and belief, Lanell Curry, of the Weld County Planning Staff, contacted Mr.Parker via telephone after the September 19, 1990 meeting to confirm statement. i aken and hathe would have o apparently all d a e may have her back, wh which he has n t been apparently done as of October 5, 1990. The applicant has not been informed of any credible evidence supporting this allegation. In fact, letters in Exhibit A reflect that neighbors recall there being a continuous feedlot operation from at least 1975. ?nom *py Board of County Commissioners October 9, 1990 Page 7 CONCLUSION Mr. Hessee_has met the standards and conditions set forth in Sections 24.4.2, 24.5 and 24.6 of the Weld County Zoning Ordinance dated November 21, 1989. The Department of Planning Services Staff confirmed this fact and recommended approval of the application. The primary objections raised by the Planning Commission and other individuals are all addressed in the development standards. Mr.Hessee has agreed to comply with all development standards for both the existing feedlot and the proposed expansion. Mr. Hessee presently purchases approximately 600,000 bushels of grain, spends an additional $1.5 million on feed products and pays an annual salary of approximately $100,000. After the proposed expansion, Mr. Hessee will be purchasing 1.6 million bushels of grain annually, expending over $4 million on grain products annually and have an annual payroll of over $300,000. 'The proposed expansion will provide ten new jobs and a substantial market for cattle. Mr.Hessee will address any further concerns at the October 10, 1990 hearing to assure the Board of his intent to protect the health and safety of his neighbors. The letters attached as Exhibits A(1)-(27) reflect that Mr. Hessee is a conscientious businessman, an excellent manager, runs a sound operation and clearly evidence the overwhelming benefit the proposed expansion will provide to the Roggen area. Very truly yours, GRANT�McHENDRIE, HAI S & CROUSE, P.C. Michael W. Callahan MWC:sah enclosures t X40, BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSfOah r..,? / RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS in- 70 O ... f. Moved by Jean Hoffman that the following resolution be intro d- for �2 passage by the Weld County Planning Commission. Be it resolved by County Planning Commission that the application for: CASE NUMBER: Amended USR-208 NAME: Richard Hessee ADDRESS: 35895 Weld County Road 18, Roggen, CO 80652 REQUEST: A Site Specific Development Plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 head to 12,400 head of cattle in the -Agricultural zone district LEGAL DESCRIPTION: Part of the SEI of Section 24, and part of the NEI of Section 25, both in T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: North and south of Weld County Road 18, west of Weld County Road 73 be recommended unfavorably to the Board of County Commissioners. Motion seconded by Ann Garrison: VOTE: For -Passage Abstain Against Passage Jerry Kiefer Judy Yamaguchi Jean Hoffman Ann Garrison Richard Kimmel LeAnn Reid 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 September 18, 1990, and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated `the 18th of September, 1990. �J OZv-LN-t-S-. Gb0 4 Sobbie Good 1` 2C1.22".7 2".7 Secretary < xh �Lf . REASONS FOR VOTING AMENDED USR-208 RICHARD HESSEE Ann Garrison: 1. The proposal is not compatible with the existing surrounding land uses. Although the surrounding land uses include agriculture and oil and gas production, the past record and proposed expansion creates an intensive operation with negative spill overs which will lower the health and well being of the neighbors. These negative spillovers include: a. No buffer or greenebelt between the feedlot and the neighbors. a. Dust problems, even in the presence of a sprinkling system. b. Run-off ponds that are overflowing; the applicant has not _attempted to correct this problem. -c. potential groundwater pollution. d. An inadequate manure removal and disposal plan. Cleaning the pens only twice a year leads to greater odor and fly problems. The application stated that the manure would be spread on the applicants land, but the quantity and location of this land is not stated in the application. e. The ability to check for gas leaks poses an additional hazard, which could impact the health and well being of the neighbors. t.IrT ' Planning Commission Summary September 18, 199D Page -3 MOTION: Ann Darrison moved Case Number Amended USR-477, Conoco _Pipeline Company, for a Site Specific Development Plan and an amended Special Review permit for an oil. and gas storage facility in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards presented -by the 1Department of Planning Services ' staff and the testimony heard by the Planning Commission. _Motion seconded by teAnn Reid. The Chairman called for discussion from the members o£ the Planning Commission. -Discussion followed. The Chairman asked the secretary to poll the members of the _Planning Commission for their decision. LeAnn -Reid - _yes; Judy Yamaguchi - yes; Zean Hoffman - yes; -Ann -Garrison - yes; _Richard Kimmel - yes; Bud Clemons - yes; and Jerry Kiefer - _yes. Motion carried unanimously. CASE NUMBER: Amended USR-208 APPLICANT: Richard Bessee REQUEST: A Site Specific Development Plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone district LEGAL -DESCRIPTION: Part of the SE} of Section 24, and part of the NE} of Section 25, -'2N, R63W -of the -6th -P.M. , Weld County, Colorado LOCATION: North and south of Weld County _toad 18, west of Weld County Road 73 LeAnn Reid, due to a conflict in interest, stepped down at this time. APPEARANCE: Tom Cope, Total -Engineering Service, represented this applicant. The original site tas been expanded to include additional pens on his property. The applicant is aware of being in noncompliance at this time. -Me existing permit is set up for 3,-600 head of -cattle. Their recuest is to -expand this 52,400 head of cattle and to use the property north of Weld County Road 18. Ann Garrison asked if a sprinkling system will be set up on both the existing and future pens to the keep the dust down. Richard Hessee stated the -existing pens do have over—head sprinkling systems, not only for the dust control for other people, _but also for the health of the cattle. 9C122-, Planning Commission Summary September 18, 1990 Page 4 Ann garrison asked about cleaning the tattle pens twice a year and where manure will be stored. Richard Hesse stated that the pens are cleaned in the spring and -fall. Zile run mff pond area on the 4west has a containment area xlesignated for piling for manure that would:meet health standards. Ann Oarrison asked where the hay gill be stored. Richard -Hessee stated that they ,will store the hay in two silage pits tm his property. Jerry :Kiefer wondered how many cattle are on his property at this time. Richard Hessee stated, at this time, there are 3,500 head of cattle. Tom Cope stated, that if this permit is granted, they will not expand the whole feedlot tomorrow. It is mbvious it will be sxpanded in several ysars in Aif£erent phases as it is needed. Jean Hoffman asked tow long he has been involved in the Feedlot. Richard Hessee stated that he has been in the feedlot business since 1-974. He is now operating a feedlot in Prospect that holds 3,O00 to 4,-000 head of cattle. Economics involved driving equipment and feedtrucks from this lot to the other lot is very costly. at would be-more beneficial to -him and ₹nis customers if he had the speratian in sne location. His prospect feedlot is rented on a year-to year bases. Lanell Curry stated that the applicant would not be allowed to record the plat which permits the four pens, or anything that would be north of 3+eld County Road 18, until the pond is -brought into compliance with the feedlot run mff -containment guidelines. The Department of planning Services started a zoning compliance hearing with Mr. Hessee with the County Commissioners to consider revocation of his original special use permit because the pens have been added. During that process with the County commissioners, the new application was submitted to apply to legalize those pens, as well as the expansion that he wants. The Commissioners put that process on hold until he can go through the Planning rommission, and with the Oommissioners to see if he could legalize what he does have and ghat he wants rto have in the future. The Lhairman called for :discussion from the audience. Dennis Lacen from Roggen, lives -north mf the facility, stressed his concerns regarding odor and -dust problems that already exist without adding to it. Planning Commission Summary September 18, 1990 Page 5 Steve Williamson, Attorney, representing the Shoeneman family, stated that their general con-cern that the two tributary wells that are on the family farm that were used to supply domestic and stock water for their operation became polluted by extremely ₹hi-gh ba-cteria -concentrated. They where forced to abandon those two wells and _drill another well at a high cost. Management and disposal of the manure that will _be generated and disposed _of by this _operation is of a great concern. _In summary, for the Shoeneman family, their -concerns are the surface and groundwater pollution, management _of the manure, _odor, flies, and inse-ct problem. Linda and Joel. Shoeneman, -Roggen, states that their main concern is water contamination. Joal and Zinda Shoeneman explained photographs »f ponds and its drainage _onto surrounding properties and its effect on their crops. _Other concerns are the odor, _lust, and insects. Mike S-hoeneman, L-afeyette, is -against the application due to the o3ors, and overflowing of the drainage ponds. Mika also stated the property valuation will drop. Marie -Buchholz, Roggen, stated that her land value is _cropping _due to the livestock confinement operation. Gerald Sigg, Roggen, he is opposed to this feedlot because of the odor, if the size of feedlot expands. Jackie Erker is concerned that a major _operation of that size gill change the quality of their lita due to the odor and flies. Paul Sigg, -Roggen, is concerned with the _odor and fly problem. Richard Parker, Roggen, agreeing -with other surrounding _property owners with the fly and odor problem, feels that it stems from the expansion of the feedlot. Kris Eell, _Littleton, stated her father -did object to _this proposal in 1973. Monte Price, representative from Colorado Interstate Gas Company, his concern is with the pipeline that runs across this _property. Colorado Interstate Gas -Company is _require-d to leak survey his system by air -or foot with a el-ectronics device. In this feedlot, it will not work. An agreement with the feedlot and _Color-ado Interstate -Gas Company woul-d need to be met before this application is approv_ed. Lanell Curry read the Planning Staffs' _recommendation to the Planning Commission. C19 .t . Planning Commission Summary September 18, 1990 Page 6 MOTION: Jean Hoffman moved that Case Number Amended USR-208, Richard Hessee _for a Site Specific Development plan and an amended Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone district be denied. Motion seconded by -Ann Garrison for the following reason: 1. She proposal is not compatible with the existing surrounding land uses. Although the surrounding land uses include agriculture and oil and gas production, the -past record and proposed expansion creates an intensive operation with negative spillovers which will lower the health and well being of the neighbors. These negatives spillovers include: a. No buffer or greenbelt between the feedlot and the neighbors. a. Dust problems, even in the presence of a sprinkling system. b. Run-off ponds that are overflowing; the applicant has not attempted to correct this problem. c. Potential groundwater pollution. d. An inadequate manure removal and Bisposal plan. Cleaning the pens only twice a year leads to _greater odor and fly problems. The application stated that the manure would be spread on the applicants land, but the _quantity and location of this land is not stated in the application. e. The ability to check for gas leaks poses an additional hazard, which could impact the health and well being of the neighbors. 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 T lanning Commission for their decision. Judy Yamaguchi, - yes; Jean Hoffman - yes; Ann Garrison - yes; Richard Kimmel - yes; and Jerry Kiefer - yes. Motion carried unanimously. The Planning Commission will recommend denial of this application to the Board of County Commissioners. Consider proposed amendments to Sections 9 and 12 of the Weld County Subdivision Regulations. t0 'JIM � ilkm _ 0 • W innoommimiaasanamanaNagaAdlIll , ,, • , _ i . Alwyn it I sae 7 4 • I • .. :41, i. II , I ..144k Thillitios .V ; ilk .. • ^ . r`- C %- e --- 4 F of • iii.... , iir..ii " f ' � 1 �# �a w l iiii • • i } . • i '. . 44 Lam-. 4 !ilk ti..- 4 • _ i M •-f . N .{ ' . t y 1 SC. ! ' 1 r • ill ASV }r ` •a .• .fit •fig 1 r , r I ti -"►� " ��� • ` II 1 . • y . .....6, it, 1 • t�, 1I ' t � . � 4 . , . . laR I 't • '. ilk 1 jr' eip `• ` fit It s - % 1 .i lir list • ,i •� _ 4. 1%, . 1 1..s,Ill t .11 4.. i t ... • .usit r 1 CI* 6 OFFLCE OF BOARD OF COUNTY -COMMISSIONERS PHONE(303) 366-4000,fxr. 4200 P.O. BOx 758 GREELEY, GOLDRADO 80632 'ilk couaR ADo September 19 , 1990 -Richard Hessee 351393 Weld County Road 143 Roggen, CO -8065-2 Dear Mr. Hessee: Your application for an Amended Special Use Permit has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Part of the SEi of Section 24 , and part of the NE} of Section 2-3 , Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by you, or your authorized agent, signing the bottom of this letter and returning it to this office. Regular hearing procedures will then ts followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by October. 1 , 1990 . ?f we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS �DNTY, COLORAD CHAIRMAN I wish to have a -searing on this matter trought before the Board of County Commissioners. I agree to pay for the legal advertising expense. 5ae- 7-0-ree 6-)-ficC P Authorized entL� E Alb "— 4 �� u.,„.,, -) X pF'COto ROYROMER F�� < �A. �� JERIS A.DANIELSON Governor � � P"` ; State Engineer * .+ ♦ /876 ** OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 20, 1990 Mrs. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Hessee Site Plan, USR-208 SE1/4 Sec. 24 & NE1/4 Sec. 25, T2N, R63W Dear Mrs. Curry: We have reviewed the above referenced proposal to expand a livestock confinement operation from 3,600 head to 12,400 head. The property is located in the Lost Creek Designated Ground Water Basin. The proposed water supply is two existing wells (Permit Nos. 15295-F and 17306-F) . Based upon an average water requirement of 11 gallons per head per day, it appears that these wells are permitted for sufficient water to supply this expansion. As long as the wells are operated in accordance with their permits, we can recommend approval . Sincerely, James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:3269I cc: Purushottam Dass L I �'1 {ccci1.J 1,,, of le ("r. .y' j ?likth Iia �L Greeley National Bank 7th Street&9th Avenue Post Office Box 1098 Greeley, Colorado 80632 303/3561234 September 27, 1990 Weld County Commissioners Department of Planning -.- 915 10th St. + '' Greeley, Co 80631 v1 1 19i7 RE: Roggen Feed Lots, Inc. Dear Commissioners : :rR Goa; bfSSiC� My business has been closely involved with Mr. Richard Hessee and Roggen Feed Lot since close to the time he acquired the facility one year ago. In my opinion, Roggen Feed Lot is an ideal location for expanded cattle feeding in Weld County since there are no major feed lots in the vicinity, there is an abundance of feed crops grown by farmers nearby, and that area of our county is needing good, long term, economic development. In the four or five trips I have made to Roggen Feed Lot during the past year, I have not noticed any strong odors, and would judge from my experience with other Weld County feed lots that odor and -sanitation are handled better than average. Corrals are always well scraped and not over crowded, which is good for both livestock health and the environment. Transportation costs are again on the increase which reduces the net return for feed producers . Locating feed lots closer to feed sources benefits farmers, consumers and others between. Mr. Hessee has proven to me that he is a -good businessman, and done so in a very short time. Now he intends to make a considerable investment that will take year to recover from his operation, indicating there is potential for long term economic benefits to southern Weld County. While I support the proposed expansion, I expect for myself and all Weld County residents that the project be done right. High nitrate levels in our soil and drinking water must be avoided. The planning and regulatory steps that are imposed must be followed through for the safety and health of everyone. I feel 901227 Cx hib�t �, confident that Mr. Hessee is a responsible person that will comply within the laws and requirements established. Thank you for your time. Sincerely; Kirk Schauermann Vice President Agricultural Loans KS/pb d172 9C�` MEMORAnDum Lanell Curry Wilk To Planning & Zoning October 1, 1990 Date Lynn Robbio, Environmental Protection Services c i?__' COLORADO From Roggen Feedlot - USR-208 Subject: Environmental Protection Services has reviewed the proposal received in this office on September 25, 1990, from Tom Cope of Total Engineering Services involving Roggen Feedlot USR-208. The current holding pond does not appear to have the holding capabilities that are defined in Development Standard #4. Currently the holding pond discharges to a bar ditch and goes through a culvert under the road on the adjacent property to the east. Not only is this a violation of Development Standard #4, it is a violation of the Colorado Revised Statute 25-8-501, Discharging Without a Permit. Since new ponds are going to be constructed, and since the water level in the existing pond is required to be lowered to insure a 24 hour/25 year storm capacity, the liner could:be evaluated at that time. It is the position of this division that the pond liner be evaluated, rather than monitor for ground water contamination after the failure of the pond to protect against ground water pollution. LR708/dgc ( I t OCT 3 1990 VW Ct, Nigr.0�i etilua ri'6'¢u -) 4 I.) - T ( r October 1 , 1990 -t0 i'i Weld County Board of Commissioners Attn: Gene Brantner, Chairman Re: Roggen Feeders Expansion Request Dear Gene, Over the past few months I have had the opportunity to visit the existing Roggen Feedlot facility a number of times . I have found their operation to be that of a quality cattle feeding business. I feel their attention to dust control , water run- off and general housekeeping is as good or better than compara- ble facilities in our county. I am presently involved in a search for equipment to improve affluent handling and general maintenance for the facility. This willingness on Richard Hessee' s part to make the financial commitment necessary to insure not only compliance but a "good neighbor policy" demonstrates a positive posture for the growth of Weld County businesses. I would hope your entire board will vote in the affirmative on the expansion request. Your positive attitude will insure the continued growth of what I consider to be a valuable industry in the area. Yours very truly, John C. Leone ( y /1 1 b( 7 K -s e, �� T 6 T Concrete , Inc . 3466 F Street P . O . Box 3366 Greeley , Colorado 80632 County Commissioner Greeley , Colorado Re ; Roggen Feedlots , Inc . To Whom It May Concern ; We have had twenty (20) years experience in building and construction feedlots . We are experienced in drainage of pens and storm runoffs , construction of holding ponds ,etc . If Richard Hessee wishes to , we will be happy to consult with him about what needs to be done to comply with County Ordinances . We would also be doing the majority of work on his new addition to the feedlot . I believe Richard needs to correct the run off problem he is currently having . I think we and he can accomplish this by the new ponds and pens he is planning to build . This will enable him him to comply with County Codes and enable Richard to become more productive and efficient in his business . Sinc ly , Cf! L nny Cog urn Vice President LC/11 // SC 122 l l\ � f- y �•_c . 1 va k n , 'S' 3 C•_anus�� Colorado Cattle Feeders Association ____g October 9, 1990 Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 Re: Roggen Feedlot--Amended USR-208 Dear Commissioners: The Colorado Cattle Feeders Association fully supports the expansion of the Roggen Feedlot. We strongly encourage the Board of County Commissioners to consider the undeniable benefit such expansion would have on the local and regional economy. The Colorado cattle industry, Colorado's largest single agricultural industry, supports cash receipts of cattle totalling $2.3 billion annually. Cattle feeders purchase 82 million bushels of corn annually or roughly 85% of the corn grown in Colorado. Additionally, Colorado cattle feeders purchase several million dollars worth of other feed products from Colorado agricultural producers annually. The direct economic impact of the Roggen Feedlot expansion would generate approximately $23 million in annual purchases alone. The multiplier effect reveals that for every dollar spent in salary, sales, purchases and miscellaneous expenditures, an additional $5 to $6 of business activity is generated in the farm supply, food, retail and other local and regional businesses. This equates to $115 million of economic development from the projected Roggen Feedlot expansion directly benefiting the local and regional economies. The Colorado Cattle Feeders Association encourages the Board to look favorably upon Mr. Hessee's application and balance the economic benefits in its determination. Very truly yours, �6�T COLORADO CATTLE FEEDERS ASSOCIATION E X ( r 7/7.41 Q�a..--- ,1 �` a Brad Anderson / Executive Vice President BA:sah 9C122-7 r 11990 Grant St., Suite 318, Denver, CO 80233, (303) 457-2232 _ % ■ e 5 \ ■ � id ) % % \ % \ * „_ 7 _ N N n Tt n k / * k \ [ / . © § 7 ? $ G / f wfra f k \ .r � 2 / § Ni a u J $ _ a . u � t a / ° ) $ a § CJ } 2 * \ § ° § k \ / | § o f $ ) \ $Z. \ : / § ° �\ { 3 ^ \ , , ; _ b o $ v / 2 / j : § 7 � 7 ® sz c 2 a \ f : f . ) \ ( k ) | u § \ 2 \ \ J j o % k _ _ + § § � u m c & w § f p { \ \ Fi * § b b 2 ! / GLI° [ 7 w A § cn§ \ ) § w :(7)4 ) cn § § b § I-4 4 CC . � c w � j § 2 \ k § 2 * § k \ \ u 2 • a k \ b \ � 2 § z Chi � � ) � \ § [ - n m S S / ; 3 ) ( ( $ § § $ 6 DEPARTMENT OF HEALTH 1517- 16 AVENUE COURT GREELEY, COLORADO 60631 ipe ADMINISTRATION (303)353-0566 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353-0639 COLORADO September 12, 1990 Mr. & Mrs. Joel Shoeneman 8673 WCR 73 Roggen, Colorado 80652 Dear Mr. & Mrs. Joel Shoeneman: On September 10, 1990, your water was sampled at 8540 WCR 73, Roggen, Colorado by Lynn Robbio of this department. In accordance with the Standard Methods for Drinking Water Analysis, your water was tested using a membrane filtration procedure. In this procedure, our laboratory looks for the presence of the coliform bacteria. The presence of coliform bacteria indicates the occurrence of fecal contamination in a water supply. Analysis of your water yielded the following results: TNTC OR CONFLUENT GROWTH - a result of TNTC or confluent growth (with or without coliforms) indicates an extremely heavy bacterial content in your water rendering it not fit for human consumption. Heavy bacterial growth can inhibit an accurate analysis in terms of actual fecal contamination. Disinfection of your wall is recommended with a follow-up test. If you have any further questions regarding your test results, you may contact this department at 353-0635. Sincerely, CJ 12444 p � Lyn Robbio Wes Potter, Director Environmental Protection Specialist Environmental Protection Services LR/WP656/cs Enclosure EXH�a1T11 2y o STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH ��os ccio 4210 East 11th Avenue -telefax: y' � $ Denver, Colorado 80220-3716 13031322-9076(Main Building/Denver) Phone (303) 320-8333 (303)320-1529(Ptarmigan Place/Denver) (303)248-7198(Grand Junction Regional Office) �� -* 's ... (876,, September 27, 1990 Roy Romer Governor Mr. Richard Hessee Thomas M. Vernon, M.D. Roggen Feedlot Executive Director 35895 WCR 18 Roggen, CO 80652 RE: Feedlot Compliance with "Regulations for the Control of Water Pollution from Feedlots" Dear Mr. Hessee: As we discussed on September 11, 1990, there are several areas of concern with the operations of your feedlot that need to be addressed. 1. You are required _to maintain enough capacity within your containment pond to hold runoff from the feedlot equal to the precipitation from a ten—year twenty—four—hour storm event. You must also restore the required capacity within 15 days of such an event. Your facility lacked the required capacity. You may want to evaluate the disposal of excess water from the stock watering tanks into the containment pond. 2. You are also required to operate wastewater control facilities as necessary to retain without discharge to state waters all process wastewater. It is evident that water from your containment pond has left your property. Steps need to be taken to assure that all wastewater is contained on your property and within your treatment system. A follow—up inspection will be made in the future to check your progress in addressing the above concerns. If you have questions on acceptable means of disposal of your excess stock water contact me, or the Permits and Enforcement Section (303) 331-4530. Thank you for your time and cooperation. Sincerely, FOR DIRECTOR, �WATTE 4 EX 1T R QUALITY CONTROL DIVISION � . w , ' Robert S. Gri fith Engineering Technician Field Support Section WATER QUALITY CONTROL DIVISION RSG/lc ^" 1 xc: Weld County Health Department Permits and Enforcement Section USEPA, Region VIII Jay J. Bartlett, Attorney at Law 2304(ma/0175m REC�1w eC 8 T e• 5 !1999 �r tabbies' - - 0gt m ap re -: K U r tO s tO C N m N to,q ,e72 4 . pp 4y j •.Y A •` r � 1 L. • F 'I J_. 1 i1 � P Y • • 1 � NA] • • 1 1 -- N _ it 1060040 lilt 4.Oi, arsur n rRit,m beets tit el Warta airra'i errs • .+ . ' ! 41 in lispinsi somiblensi Oa sob aillest elbt ant e Olt ask -16 • • - . ; =i • ow r,M Min ■fir Alt ♦ r U► vie ti WM is vase ewe a • I - - EXHIBIT avesSIL *29i • Pte 014" Me zzer, ff. LUigatnaon/ ATTORNEY AT LAW 813 MAIN STREET ALAN G.HILL P.O. BOX 850 JAY J.BARTLETT LOUISVILLE.COLORADO 80027 -CHRISTOPHER L.SMITH TELEPHONE(303)666-4060 Associates TELEFAX(303) 666-4426 October 15, 1990 C: --------- ? �rii - � `�', '� .\B °o Lee D. Morrison � Assistant County Attorney, �Y Weld County <L0 G�Un - E--� P. O. Box 1948 `_i v� h Greeley, Colorado 80632 Re: Docket No. 90-31, Amended USR-208 Application of Richard Hessee Dear Lee: As you know, the "show cause" portion of the above- referenced case is set to be heard on November 7 , 1990 beginning at 10: 00 a.m. However, at the close of testimony on October 10, 1990 with respect to the expansion application, the County Commissioners seemed to indicate that they would vacate the November 7th hearing and reschedule it for December 12th so that the two cases could be heard together. I would appreciate it if you would let me know whether the Commissioners plan to proceed in that manner so that my clients and I will not have to make an extra trip to Greeley. Thank you for your help. Very t rulyyours, JJB/sb cc: Martin Shoeneman Joel Shoeneman t.'-v�'I r , 9 i 33245 W.C.R. 16 Keenesburg, CO 80643 October 7, 1990 Mr. Gene Brantner Weld County Commissioner 915 10th Greeley, CO 80631 Bear mr. Brantner, We are writing regarding the expansion o£ the Hesse feedlot on W.C.R. 73 south of Roggen. We are asking that you and your fellow commissioners vote no on this issue. We live west of the existing operation and too many of our lovely Colorado days are spoiled by the odor from the cattle already there. If it is this bad with the present number of cattle, it would be intolerable to live near 12, 400 rattle, Our greatest concern at this time is our quality of life here for ourselves and our neighbors. We moved to this area five years ago after years of looking for the right spot, and we believe we found it . However, any increase in the feedlot operation will have a significant negative impact on our environment. We have not lived here for several generations as many of the families in this valley have, but chose to build our future here, and want to make it a nice place to live for ourselves, our children and grandchildren. Thank you in advance for the consideration you and your fellow commissioners may show us. Please vote as though you and your family lived out here. Sincerely, I S *W' A-P t, C"4 Steve Jeanie and 7.ach Benson St Weblf V .' _!-.:\ TV l ',--- .. - . ... 3224b3 . IS brace a: -1n eea _. TO V C:_ cL:r cynoese about C.._ Hesse feedlot operation south of Roggen. As far as a casual observer can tell there has been no i. ornvement in the operation. We called rdr. Kennedy on the eveni.rd __ Cot. 21 to inform hip, of the intense odor. !ds we un Gersten(' the 4 cattle : ens on the south tilde of the int are illegally there and c' oulr' not be used. However, on ,3 i. a✓ while _ , pia_ . . that __. , are full of cattle. As was states: several times at the hearing on ..ct. 10, I believe anyone is interec,t2.G in running the ,_uses out of the area or discouragiug a family operation, but we are acrainst any expansion of the operation. Please enccurace the Messes to clean au the operation that they nevi have. Please vote `IC" on any expansion. Sincerely, 74.1.tX dCjC!.0 Lusen----" Steve & Jeanie Denson 1_32''5 ;d....... _3 _ enesbura, _.. 06—:3 r._erce_ i , _ Gene ?rantner ^veld County Commissioners Dear srantner, Cricen -,. _ age ::ritinu to voice our concern 1 ..._t tce Hesse feedlot operation: south of Roy,-_n. Asfar as a casual observer can tell there has been no imoroveaent in the operation. We called F[r. Kennedy on the evening of Oct. 31 to inform of the intense odor. as ,.,e understand the .. cattle _nens on the south side of the lot are illegally _. d should not he used. :;owever, _ there and on anc ,iven. eay ere .. _ by, cnyone can plainly see that theY are full `. cattle. As was stated several times at the hearing on Oct. 10, I don't believe anyone is interested in running the Hesses out of the area or discouraging a :family operation, but -..a are against any expansion of the operation. Please encourage the tresses to clean up the operation that they nod have. Please vote "al" on any expansion. Sincerely, Steve & Jeanie Eenson ec .4 , 1990 weld County Commisioners ,x15 10th St . "reeley , Co . 80631 Commisicners of 'n'elu County: a+e are writing in regaros to the expantion of the leeu lot cterateu ey , i:r. nessey aua , r'amily . i+e are the e\pansicn on account cif the health h asard it causes for -11 the folks tnat are only a :ivarter of a Tile or witu in a nalf mile fc the teed lot . I cancinuerstano wny it has to oe in such close quarters . Sang creek ooruers on the .pest ano north :, ice of tt:e : ro_ csec . 72 new fee3 lot ana county roau 7d porters the east side . fnere icee they &Unit have euocroh room for the Site of feeu lot they 'are _;ri dtsein_ . lncerly C 'XI Gerald alto 4- (1./. ���.82' c/� ` ulcerta J . Si66 7224 1s .C .de .77 J rio6 ;en, Cc . 80b52 5 332 }5 w.c.'. 16 neenesburg, CO 80643 December 6, 1990 Mr. C.7;. Kirby, Weld County Commissioners 915 1Cth Greeley, Colorado 80631 Dear Mr. Kirby, as your know, December 12 is the hearing on the exnansion of the Roggen feedlot. We would like to voice our concern one more time. The first and foremost consideration in this matter should he the freedom from pollution of our ground water and croplands. Our water is our most precious commodity. Most of the residential and irrigation surface wells are 60-80 feet deep and therefore very susceptible to pollution. The nearest neighbor to this feedlot is Mrs. [Marie Buchholtz. The effluent overflow from this feedlot has ruined several acres of her farm for production or grazing. We feel that the present operation should be cleaned up and mechanical provisions be made to eliminate the ground pollution and smell. We ask that there is curtailment of any further plans for expansion. She is only one lady against corporate money and 12,400 cattle. It is our understanding that the Hesse operation is also utilizing the Kauffman feedlot west of Prospect Valley on State Hwy 52. We would ask that ,you have an indepth study done there as to what anti pollution standards are being met by this operator. The feedlot was started on a small basis and was well maintained for years as a family business without complaint. The past year under new ownership it has been poorly maintained, and to consider any expansion is distressing. The stench makes it very unpleasant to work or spend any time outside. We've read cosies of letters to the commissioners and find that the majority of the corrospondence in favor of the feedlot is not from local people. The Greeley National Bank, Kula Grain, Marquardt Erker, etc. are not our neighbors. They are only financial concerns that say this could he a viable endeavor. Their interest is purely financial. If it succeeds they don't care. If it doesn't succeed they will continue to prosper. They don't care. They are not a part of our neighborhood. We can't honestly believe anyone wants to live next door to a cesspool. Sincerely, SAC( }CI Steve & Jeanie Benson EPOS/ T AP • • • `'�" 1 " :,'; December 7 , 1?Q0 CLEC;; D0.7.11 Dear County Commissioners , As a land owner in the 5M Ranch Corporation . I have a great deal of concern about the Heffi proposed Expansion. It seems to me with all the promise of proposed profit and gain to the local farmers , we are loosing track of the real issues here . 1 . The South pens are already in building violation. 2 . Overflow of the ponds still continue at times . The overflow and the manure from the pens are contaminating the land near by and the underground water supply. 3 . The density of cattle in that small of an area is polutina the air in the community . If air was not so important , why did Denver put through a 10 year plan to clean it up for it ' s residents . If water were not so important, why are there Federal Laws to try to protect it from contamination . They are our most valuable resources . We dare not violate them ! Mr. Heffi and his Attorney seem to feel that all of Weld County stacks up at Weld County Road 73 and 18 . This places the feed lot directly over the underwater Aquafer for Roggen and Fort Morgan water supplies . I can assure you that Weld County has several hundred square miles of land outside that point . The original pens were just as large as the environment and the community could tolerate. The new South pens and the intended expansion will overpower the environment and community in the area, not enhancing it but , beginning the slow process of deterioration, distroying 2 to 3 generations of hard work and dreams . It seems strange to ne that one business should be given the chance to expand at the expense of the farms and rant-hes that have been in place for over 40 years , many of whom are 2nd and 3rd generation farms . We ask you , the Commissioners , and Mr . Heffi to locate a more suitable site . Sincerily, 4-22 Michelle Miller P . O. Box 797 Lyons , CO 80540 c^. °�" -1 a.: _:.;•;h4.0 ' \4,, ANNAjnAi•deARt kAVV\VITC ,k)\.A� Ck/N.r\ Nr9 h%tiv1 eti e, NM At Ova YX .94 M�r� Loka z1/4.4..N,ANc\c\AA LL cc_ ,,,cv,,, , nva •-k6't\A ‘ CiNg\X\ kr/\a<Writy_ vutAn- ,5,\,:m, NcioNet 0,04 ,L4y Qw.i) w\/\A •TI:\_ ; W R \93,` 9C 122 ' Pi n.. .,. UTI 1 °,EP 17 1990 t:2J WY;16 I:�. ��Cei�oant ctli�o�XF+u, uJoze co fe-a. 6, a z � 2 e-n0 73 cr.+-ek. /S', O c.ateeitenv ccco Gedet., n-•••41 ter . ed-)-ea dte flier 4.7.4-, nik..teh µ„ms. . �1 v] t.° &C./ea re/LI etila•€2 -) Y-Zet c� X22 40-aelei 1e• 79 b2d'"rt.,2 6, X063 L 4�j � I 1 E P r 9 1990 f WEIR Cu. Otainaae �:AigrYsi,'u.� war° _ J -- = - lw-nteo. D �¢ 6 � att-m ace - � na� _ - e - _ ., .eziace _. t O --2 gr de-ziro 2, .arm • cer � 4r,K ,0 • adaetryt _ azint. el? enzet '6C-e?'241, 2 771--dfr- azoe 6957APAEJIGG WCR 77 ROGGEid,CO 80652 r9 s' 6, Li, L„. .././ K) eL 901227 : ..ti N , • • . • • .. r • w • ` '..%• • 5 �~ ,t • r , • t • • • 1 .. - 1 • .. 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(.<991144-n-Ce- r - ,f-' yl ck- Jun/it (Oad tett ,1227 w ZAL-2 X,eclow-kw— • \' - L 12 iy e-2-,,y4'---7 D /9- 6 et:*---ee_-0-4 .4---0-22._/---A-2-z-c-ceaze-nci-r-7:2) 911, /c :23_ -� Zit C2-.C.C-0 sir A,d-) 1 , *-2"--71---1 C137 I: .,-t...-1-/L-49) .---e-: ' /Li7�'7;^2� .mss-" _...2-'4../) - ---ar- 1 EI�J Cry"��'CY- /�- v Atel—g-t-,L __-/ , r -�- !� -�� _.-.7271-2" .�-0 2i Sae;---",.. i °� � ,� 4 I . i � Cl-C;cze-- ec---)--z_.-a) ._.-e.2ce.- ._�L"-<2-tt-t6/ A) (//� /ALA., /!�e �f /�A ��// is iHr:7 --C/Ct-172-J2-u--/ -6" --7 .-e-'?'@-----7-Li ....,.-L� -ei i �1 n- V--'�L .._G�`-- __ �/; - --Ae-=/!fit ------- n--a-' C- "�-?Z c� �.--����% c-,re-1�-er--eL fi 7 / 9912 7 .� 7,7 , , 4,2a / �t�5 6:2‘r 02Cl c_net ��,. facie _St% or527._fi___AH l1/7-7q-7 � GREAT PLAINS CHEMICAL" COLORADO a division of LEXTRON, INC October 4, 1990 Weld County Commissioners 915 - 10th Street Greeley, CO 80631 I am writing in regards to the question in favor of the proposed expansion of Roggen Feedlot. The fly control at Ttoggen Feedlot is excellent and better than most in Weld County. They use a combination of spray and bait, and also -control the -amount of manure _piled around the feedlot. Dust is held to a minimum by using automatic sprayers in the _pens and by spray- ing eround the alleys. The only dust problem I 've noticet is from the Bounty Road that runs through the middle of the feedlot. Today the small feeder has two options if he wants to compete with the larger operations - he can -either expand or stay small and starve. In this county that depends on agriculture so much, I can't believe that this feedlot could be turned down on the -expansion question. This feedlot is an integral _part of Raggen, Colorado's -economy and -a larger feedlot can only -expand the local economy. In conclusion, ty expanding this feedlot Mr. Hesse will -not only help himself, but help the local and regional economies. These very great positives more than outweigh -any minor objectives. Sincerely Yo�s f Chip e •^rritt Sales Representative Great Heins Chemical*Colorado Ste 1-EL, �7 P.O. BOX-BB • Greeley, Colorado 80632 • (303) 353-6044 wAriii Greeley National Bank 7th Street 8 9th Avenue Post Office Box 1098 Greeley. Cdarado 808.'12 JIXy388.1234 September 27, 1990 Weld County Commissioners Department of Planning 915 10th St. Greeley, _Co 80631 RE: Roggen Feed Lots, Inc . Dear Commissioners : My business has been closely involved with Mr. Richard Hessee and Roggen Feed Mot since close to the time he acquired the facility one year ago. In my opinion, Roggen Feed Lot is an ideal location for expanded cattle feeding in Weld County since there are no major _feed lots in the vicinity, there is an abundance of feed crops grown by farmers nearby, and -that area of our county is needing good, long term, economic development. In the _four yr -five trips I have made to Roggen Feed Lot during the past year, I have not noticed Any strong odors, and would judge from my experience with other Weld County feed lots that odor and Sanitation are landled better than average. Corrale are always well scraped and not over crowded, which is stood _for both livestock health and the environment. Transportation costs are again on the increase which reduces the net return for Feed producers. Locating feed lots closer to feed sources benefits farmers, consumers and othere tetween. Mr. _lessee has proven to me that he is a goon businessman, and done so in a very short time. Now he intends to make a considerable investment that will take years to recover from his operation, indicating there is potential for long term economic benefits to southern Weld County. While I support the proposed expansion, I expect _for myself and all Weld County residents that the project lee done right. High nitrate levels in our soil and Axinking water must be avoided. The planning and regulatory steps that are imposed must _7e followed through for the safety and health of everyone. I feel 901227 confident that Mr. Hessee is a responsible person that will comply within the laws and requirements established. Thank you for your time. Sincerely; .��auBlly Kirk Schauermann Vice President Agricultural Loans KS/pb d172 9C 2 ,r27/./ /F17 /e_a41-at% - QA.-c2 ace at--idalee-L-e<zyt} c a„ •/799 G� 12.29C7 `€14, e/ tr./ 9° 6 O .2 %)-'I 71 tek ate, 27°-<-e. rr �- lice -�_e-437 s72 jzend j c/l2-e-de->-t. -62_,00_,A Len /-14-7A 4wy S2 elbs0cc/ ey 901.227 1-76 Motel & Cafe P.O. Box 28 Roggen, CO 80652 (303) 849-5367 (j- /) / 990 V-Chil Cn-l--vrio l� 0,, „ - �— L/ �' efrio , j, }76,72,- � �� ; 6„79,47 � o CA_ -16;71—egilL cti l 04/6- -b6A_At a- O� /� �D�Cg—, 9 4e ,,,T v' MARQUARDT-ERKER GRAIN COMPANY �� 16442 COUNTY ROAD 18.5 867-3371 )4)I k FORT MORGAN, COLORADO 80701 October 2, 1990 Weld County Commissi.Dners 915 10th Greeley, Colorado 8031 To The Board: I would like to expr_ess my concerns with the expansion of the Roggen Feed Lot. Our business requires the establishment of alternative markets for the consumption of feed grains. We feel that the expansion of the Roggen Feed Lot would help us to better market the commodities we receive from area farming interests. I would also like to bring up the point that we seek to increase economic markets by bringing into the area beef packing houses. These firms employ families in this area which would greatly profit from the expansion of this feedlot. In view that this expansion has the potential of effecting not only the Roggen area but surrounding areas, I would strongly support the proposed expansion of the Roggen Feed Lot. Sincerely, , M ' hael G. Erke arquardt-Erker Grain Company TirsTier Bank, N.A. Agricultural Lending Office 323 South College Avenue,S. .a 2 Fort Collins,Colorado 80524 (303)484-3400 j Firelier6ank October 2 , 1990 Weld County Commissioners 915 10th Street Greeley, CO 80631 Dear Weld County Commissioners: FirsTier Bank, N.A. , Omaha has had a banking relationship with Richard and Frances Hessee dba Roggen Feed Lot for approximately one year. As of 7-1-90, they have incorporated under the name of Roggen Feed Lot, Inc. The operation has been very successful in establishing and maintaining a strong customer base. Because of this demand, there is a need to expand the feed yard facility. FirsTier Bank is supportive of this plan, as the corporation and its managementare very capable of taking on this expansion. Roggen Feed Lot, Inc. will continue to generate tax revenues for the county and state, along -with establishing a strong employee base. The feed lot also serves as a buyer of local commodities and also provides support for the packing industry in the county and state. Roggen Feed Lot continues to be a great asset for the community, county, and state. Therefore, FirsTier Bank highly recommends the approval of Roggen Feed Lot's expansion request. Sincerely, R BANK, N.A. , O A ohn D. Norwood Assistant Vice President :gr 6.1,4. a,a tr: Weld County Commisssoners 915 9th Greeley, Colorado Re : Expansion of the Roggen Feed Lot To the Board: As an employee of the Roggen Feed Lot , I would like to express my concerns regarding the expan-si_on of the lot . I feel that this would -be good for the local farmers in regards to selling their- feed grains to the lot . It is difficult to find an alternate market for graims in the rural areas . I also _feel that this would increase employment opportunities in the rural areas where jobs are at a premium. I would like you to consider favorably this expansion, not only in view that I like my job but I feel that others should have the opportunities offered to me . S . ncerely, 47-11:t4 Jerry Machin • WELD COUN Y L:ONr")J:i:;S.i. ;1kE_PS 10/1/1990 c•1. 15 T i HAS B""tN E='}ROL.'.C:HT TO OUR ATTENTION THAT THE E;:OGGE:::N FEED LOT r. HAS APPLIED FOR A PERMIT TO EXPF'iNT loE WOULD LIKE TO ENDORSE THIS E::XF'r'l!',SIO AS IT A VITAL MARKET FOR OUR PRODUCTS. WE ARE AT PRESENT NT SELL J:NL 'f HE01cC1E=N. T.!'vi:E";'ELY, lr//q/7 /0 7 / /?/) 7(4;2, .! �/ ) C qd j_ 76q� /O - -yG a -O __ G0.rcl Co- Cune.n-. ; owe rs_ 1 k-,-)cc.), 1d- -ham --Cur - - - c� `� 4-c3 4ur ewe lan �ii_ �, _ wer �1 c..z ' 1 �. e✓ Zr;Plea/et/9 Scizzy q(t7. : Lc_ j .&-ct-4: , ft, (ILL ggc9t7L) a v u (U CC(i2c21/J Uz .° ttitce7 /6( AIL , 6/ Lk.9 ze-A; -( Act.) �( i / 1 dh&eh.) -oitz 'l& a Liz cdO /Lief, L/ CCiueld aot KL:ik27c, d/241in_i, Lk /7677t- -17Ci eOcciLz2 ec,' `C7/ /O (12), ii ce , • Co unty LJI..Ii"1tV Commissioners r�fY'IfS12s5i.1.CaCler". 917 10th Gree1Ems'\ Colorado E30731 To the Commissioners: in the matter of the expansion of the Fe,rigrg's•n Feed Lot, I would like to express my thoughts in regard to the matter. As an area resident 1 appreciate t'.t'le availability of a secondary market for 1l1k• commodities.. I feel that this helps Lo promote the continued growth of our agricultural community :in the face of the market stresses, 1 am hopeful that you will grant the expansion request so tlthat6'wemaymayI hav e C:oE11:.i.nt.Aei:l growth in r'E'r;;} ?.r'ds 't.C'i i::iirir commodity markets at, the :local level . Sincerely yours (// F=red HUhtic.. Sri 9, ;"r`eld County Board of Ccm:.: is ioners Co.LV '..'%do Lear Boar N., mbers , I am writing thin letter in support of the expansion of the Roggen Feed Lot. I am a 1 Lve toc:k producer and believe that the expansion will help -tne livestock uraducer, the feed grain producer and a number of ather area businessmen. With expansion of the feedlot operation, it creates better markets for the aow/calf operator and the local feed grain and hay operators. I do not live in immediate area of the expansion but have done custom, work for -the Roggen Feed Lot. There are various concerns that must be addressed , but if proper management is used these concerns can be handled in the proper manner to everybody's benefit. I fully support the expansion of the feedlot which in turn will enlarge the markets for the procurers in the area. Thank You, /c/7-,( (7e--6 3C .r->7•• i wFlor i' '. . . . Tr--; 2, ENT 0) , t7 Cor_- rrc r.7. As r "'into^ o _at,-�, •, t_aT,� ., =: � h � =,d wi .at,_._ orn _ -yr e t 'or 30 Lot, T t.I!2 :L pans' - r`• c ]•.-..ai t0 f O"" C; ]..fl=?P -' or -of ' i �1d ro _- t= rorc lrpn'ta �c_re t _ c •lvF motor_ _- , r , nor•in L, Leon — so 7.?_ , .:O 4 % CT 'c cr 18300 W. Hwy . 72 , Golden , CO 80403 (303) 467-9225 September 28 , 1-990 T0 : WELD COUNTY COMMISSIONERS : I have known Richard and Frances Hessee/Roggen Feedlot for approximately one year , and have found Richard and Fran to be honest and fair in their business dealings . They are responsible peoTle who -have created many new jobs and generated a new business for the Roggen area . The feedlot expansion which they propose will be a benefit to the surrounding community , and I know that they will manage it with the care and concern for their neighbors foremost in their minds . I strongly recommend that they be allowed to expand Roggen Feedlot . Sincerely , Ryan Clam c� Vice President RC/caa 91,,., .A.• 1 Weld County Commissioner 915 9th Greeley. Colorado 80643 Re: Expansion of the Roggen Fed Lot To the Board: I feel that the expansion of the Roggen Feedlot is of extreme importance to the area . I feel that the possibility of new employment is of great worth to the area. I feel that this is a needed project in the area, please consider the application favorably. Sincerely, Dean Chest itc-c Co ?c;>�5 7-- /e2/. / 9CI:;2 M & S DOZER SERVICE P. O. BOX 66 KEENESBURG, COLORADO 80643 303-732-4842 Weld County_ Commissioners 915 10th Greeley, Colorado 80631 Re : Roggen Feed Lot Expansion To the Commissioners : We have done business with the Roggen Feed Lot this year in the regards to silage packing. We appreciate the opening of a new market for our heavy equipment when the traditional ones such oilf-field are slowing up. The opening of new markets are vital to our industry and with the expansion of the feedlot we would be able to increase the time we would spend on this job allowing our business to prosper. We would like to have you _consider favorably this permit . Sincerely , 9Av2- .)44216M/L''' Jess Simpson M & S Dozer Service 9C1.,,.427 Kula GRAIN COMPANY Telephones: Day: 867-8241; Night: 8G7-6289 P. O. Box 668 Grain FORT MORGAN, Colorado 80701 T Feed BOUGHT • SOLD Weld County Commissioners 915 10th 5reeley, Colorado 80\^-31 To the Commissioners It has been brought to may attention that application has been made by the Roc s.t__n Feed Lot for a permit to expand. I t-tave been doing business with the Roggen Feed Lot also Richard and Fran I-i-:.-:_:>__:_ for some time. We have done partnerships on grass cattle and also feed lot cattle. Our company Kula Grain has _:,7.so sold feed to they firm. Our business deals; have been very satisfactory. I believe we need this, sort of enterprise in the county to utilize feed grain crops produced in the immediate area. It has to be an •"7::'i::'::•:t to the farms close to this consumer of feed grain produce. Please consider this application favorably Sincerely yr,t...trs, ger &u1 -1 Kula Drain Compan, 901227 404 NORTH INK LANE t , WATERFORD CORPORATION L POST OFFICE OX 1513 FORT COLLINS, CO 80522 U.S.A. (303) 482-0911 October 2, 1990 To: Weld County Commissioners I am writing on behalf of Richard Hessee, the manager of Roggen Feedlot in Roggen, Colorado. It was brought to my attention they are applying for a permit to expand their present facilities. After visiting their operation I feel it would be a welcomed expansion for Weld County. Waterford Corporation is a manufacturer of fence for agriculture. Due to the nature of our business we have the opportunity to visit many farms, feedlots, dairies and ranches. The feedlot is run very well by Richard Hessee, who has both his customers and the concern of being a good neighbor to the community in mind. Needless to say the economic returns to Weld county in the state of Colorado are quite significant. With the expansion they will employ ten full time employees plus seasonal help with a projected payroll of 4300,000 annually. Another benefit is this is a custom operation bringing investor dollars in from outside Weld County and provides a market for local crops. It would be hard for me to believe the Commissioners in Weld County would not look favorably on such an expansion because of the long term positive impact to the county and community of Roggen. Sincerely, i 7)EZA /,_Szt.7 e j.„ Bill Bryner Waterford Corporation TACTICS® fencing for agriculture — THE60. N eartj STATE-BANK A rtr 3µ'.. ffi �, -�. I it� ,.'zN4 ;"'44:44: ROBA PIPPIN ' l'-1(EENESBORG, COLORADO 80643 VICE PRESIDENT oE�. r a zzz-aa>v September 17, 1990 Weld County Department of Planning and Zoning 915 10th St. Greeley, Co. 80631 Re: Roggen Feed Lot To Whom It May Concern: Our Bank is aware of the fact that Roggen Feed Lot is trying to expand. As they have been a customer of our Bank, in good Standing, for one year and also an asset to our area we feel expansion, on their part, would benefit not only the farmers with an added market for their commodities, but also create more jobs in our area. Considering the above facts, we hope you will look upon their expan- sion favorably. Sincerely, Rob A. Pip in RAP/dd County Commissioners: I would like to pass on my thoughts concerning your granting an expansion permit to the Roggen Feed Lot. First, their present facilities are kept neat and clean, and to my knowledge very little disease problems. Second, this expansion is a very vital concern to this areas economic develop- ment, both from the additional labor force it will provide and a good source for the farmers grain in the area. With the depressed European grain markets, we have to look for other alternatives to lower our reserve. Third, a recent study conducted by United Power, Inc. in conjunction with the State of Colorado on an ethanol plant, indicates that a plant of this nature would be suitable in the Southern part of Weld County. What better location than where Roggen Feed Lot is situated. there is a large gas plant next to them as a heating source, and just to the North is the Roggen Farmers Elevator to be used for the grain supplies. This plant would serve no purpose unless an adequate size feed lot was there to handle the by-product. With the addition to Roggen Feed Lot, I believe this would serve this facility adequately. Please take these items under consideration in making your decision, and think of the future rather than what might happen tomorrow. A Concerned Citizen, Gary r octobe_r 3, 1990 Weld County Commissioners Centennial Building Greeley, Colorado 80631 Re : Proposed Expansion of the Roggen Feed Lot To the Board : I would like to state my views on the proposed expansion of the. Roggen Feed Lot . I am living in the northeast corner of Section 25 approximately three-quarters of one mile (to the vest) of the Feed Lot . I have lived here since 19"75, being neighbors to the builders and to the subsequent owners of the existing feed lot . My family has been ranching and farming in this area for over one hundred years . During the past fifteen years I have never had any great problems with smell or with the insects that are generally associated with this type of business . I feel, because of the feed lot, this area has an alternative market for livestock and feed grains . This is advantageous due to reduced transportation costs to livestock markets such as Brush, or Greeley. Grain markets even if sold in Roggen or Keenesburg always have a cost of transportation deducted from the Denver or Kansas City price to the farmer . The feed lot is offering a trus market that reduces or eliminates these transpor- tation costs . The feed lot contributes to the local economy for parts, supplies and services needed to run their operation. The local area will also gain valuable employment opportunities if the feedlot is expanded . I also feel that the current owners will be an asset to the community and that they will be diligent in the management of the feedlot in matters of smell and insect abatement . In summary, we think the feed lot is an asset to the economy in this area, we would like to have the expansion allowed . Sincerely, ‘,7-4gie, yredta R . Cuykenda 9C 1. 2 d • lark Kauffman 8616 ►vr•ii 6a keeneburg, Co 8°61 :i 303-732-4878 Ot•r.t•ber 4 , : iay0 To Whom It lay r ory:ern : f finvi. A .=hop . n sect : oh :3 ; ", t_S;ik' . i also 'arm in 8eci iron 26 , and 36 of b3W . tiogen feedlot is in section _5 2N 63W . Yon can see I than l 1 /" miles C rom the f r:rod i o t. as the crow tiles. . have not had anv problems from the ff.!e d tot. either with odor or t• l I e ] his i 111 agr !cu tura . area arlr: I. feel liog,z.en F•o riIot I_ 1 i riven permits to C'..`.r�and . il4; � •;1.1.1. provide. o .;1I .r l..l. TA' � market for crops 6,'r•own. Also t alt'1 .' p `. co 1 .t. will boost local economy . i am Sure t hero are t tl '1 tiel i ne they 1*.i .l. l have t o t•o i low --onc rrrni n.g rur,r:•1'f . 1 ton ,.onf teem that the Ij4.s!,- s wi l 1 11)rlko v er y effort. to C'i:)nt r':II 1 anv problem:'. that t her•:• w.,v ! runoff rrr.4? sir:,•,- , . 1v ;r,��/I :� , ,la r i. A kau f f rra:. • Weld County Commissioners 915 10th Greeley, Colorado 80531 To the Commissioners: I am in favor of the expansion of the Roqgen Feed Lot . I farm immediately beside the Feed Lot, and I have not noticed any bad smells or an increase in the fly population this year . I also am in favor of the establishment of another market for farm commodities in the area. I would like for you to look favorably upon the expansion, for we do live in an agricultural area and the feed lot is a part of agricultural . Sincerely , `1%Z--e-a-1 1a i Forrest Bell 30015 Weld County Road Keenesburg, Colorado 80643 September .;B, 1990 Weld County Commissioners 915 10th Greeley, Colorado 8031 To The Bc:rar••d� 1 would like to present my intere=,t in the expansion of the Roggen Feed Lot.. I rtlfl_._. cattle buyer i:car Excel a beef packing currently a _ interest located with plants in Colorado. I have in my rounds as a cattle buyer seen all types and sizes of feed lutes, and I feel that the lot at Ruggen is one of the neater and cleaner lots that I have seen. I feel that the Roggen feedlot has very adequate du+rt control and more than adequate fly control . This control factor is vital so that the cattle do not stt;.:.y-..er from respi.tor_.y ailments brought can by dust, or are aggravated by flies as this effects t•t're final product. I feel t.hat in the expansion o+ the feed lot that this quality of env i r. nomental. control will not faul.ter but with tFie-_ ef=fort: shown so far by the Rorfgen Feed Lots, and the Hes:see' s quite possibly mi.ght. improve. Sincerely, �) / J `—// ?C G37 Nick McDougall October 1 , 1990 Weld County Board of Commissioners Attn: Gene Brantner , Chairman Re: Roggen Feeders Expansion Request Dear Gene, Over the past few months I have had the opportunity to visit the existing Roggen Feedlot facility a number of times . I have found their operation to be that of a quality cattle feeding business . I feel their attention to dust control, water run- off and general housekeeping is as good or better than compara- ble facilities in our county. I am presently involved in a search for equipment to improve affluent handling and general maintenance for the facility. This willingness on Richard Hessee' s part to make the financial commitment necessary to insure not only compliance but a "good neighbor policy" demonstrates a positive posture for the growth of Weld County businesses . I would hope your entire board will vote in the affirmative on the expansion request. Your positive attitude will insure the continued growth of what I consider to be a valuable industry in the area. Yours very truly , fJv t C�eo eQ�' 2a - i:,12'7 GRANT, McHENDRIE, HAINES AND CROUSE PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW MICHAEL W. CALLAHAN WILLIAM GRANT ONE UNITED BANK CENTER PETER J. CROUSE CYNTHIA J. MCLEAN JOHN N. DAMLE IJ00 LINCOLN STREET, SUITE 3000 MARK N. TSCMETTER J. ALBERT SEBALD WILLIAM R. KELSO DONALD M. BURKHARDT DENVER, COLORADO 80203-1086 JEREMY P. COHEN GAIL E. OPPENNEER TELEPHONE (303) 832-7200 PAMELA C. BROWN DONALD B. GENTRY TELECOPIER (303) S30-2394 Or COUNSCL KEITH TEMPEL DOUGLAS MCHENDRIE JAMES E. BROWN PATRICK A. GRANT CHARLES H. HAINES.JR. JULIA O. ROBINSON (1811-1888) WALTER J. DOWNING MICHAEL S. RENNICH JUDITH D. JUDD October 5, 1990 OAVID S. HARMON Mrs. Marie T. Buchholz 7640 Weld County Road 73 Roggen, Colorado 80652 Re: Roggen Feedlot • Dear Mrs. Buchholz: This letter confirms your discussions with Clyde Edgar, on behalf of the Roggen Feedlot, to lease or purchase property owned by you which in the past has been affected by runoff from the feedlot holding pond. .We understand that because of a most unfortunate illness in your family, you do not desire to consider Mr. Edgar's offer at this time. Please consider Mr. Edgar's good faith offer as ongoing. You previously raised a concern regarding property values. The feedlot is formally offering to purchase or lease the subject property at either the 1973 or 1990 values. This offer is made in order to alleviate any loss in property value that may have occurred as a result of Mr. Hessee's predecessors building the feedlot. While Mr. Hessee has only been in the area for approximately one year, he wants to become an integral part of the community and be a good neighbor. Again, we are very sorry to hear about your son. Mr. Hessee sincerely regrets the feedlot runoff and requests you consider the above offer at your convenience. Please do not hesitate to contact me, Mr. Hessee or Mr. Edgar if you have any questions or if we can be of any further assistance. Very truly yours, GRANT, McHE DRIE, HAINES & CROUSE, P.C. Michael W. Callahan MWC:sah cc: Mr. Richard Hessee (303) 849-5574 Mr. Clyde Edgar (619) 344-5021 9C1 :72-) EXHIBIT B . ,,,„,.. ,,..„.„..,„„....1,, s k -.,t . 7. L . FARM LEASE y- • .nr-,' i THIS LEASE.6...ac and emered into by.a between RICHARD E. ANDREW S 19852 K.78th Place. Arvada, Colo.80005 1 • PRONE 424—c087 — — _ _ — _ _ _ _ — _ _ — .the Loam,and ) n Frye SF n1nS5'Rar1RFRATOR nF Rnnl'FN FFFrn fIT RO 1:FV GOLD ,the te.yee. i I w ITNESSETH that the Lessor has Min day k d the Lenee he following described premisessituated n the County b YELL tw�ee"A'd il, ands, d nnl.nR R➢n N/1 n{ G V/4 Ana SE/4 SV/4 and 7/2 NV/4 and lot l I :�ft�d,,'4i :4- vIaminw 1A my)) 2 NOPTF SANS?.. (T2 V nP Atli RN rrnVN AS m147 AFT1P7MS FARM. II "kF ''' 11 VTTPS SnPmR nv Rn..^.n FN my VRST [TM' OW W.C,R 73._r-at-9524 i • ' ,/ :i • Y�f�rc�I.M4'� - ,1 The too grain bins are included in this lease. Other buildings are retained ;i 04:'• ' • " by owner. Items stored on farm by owner will continue storage and security. y>t�,ly➢r r ; R d1 1 I together with al buildings and improvements on the same leear,✓hosen kw mentioned I for term of Tfi naa ye or III �t l commencing tripe day of April .1990—.andenengonthe 1Aat (3L) earn t_ lift,..,.' : < nare^ltpr •t9_9t__ the Crop stars rent of One third to lessor Ij • 1 a;' ' two third, to lessee of silace corn, whe=t.onts beans. II / e i, The said d tent to paid or delvered to ease may be.as lMlows and to le 4cor in h pale At h➢.rvest of each CT OD•'! '•�y E'! ;, Stlapf to he lywrvented and delivered. th Ropeen FeeAl tit At cif! per inn at ]e,aeele 'f ��Af5-l;- I' pSTIanAe whnAt all➢eP is lnrllldad with papa ai7nep in thin arnvmant II g 'r If And the Lessor makes Ow rot nvng reservation.10.w.. Tr-16pttoy save— onsta w111 lbs. aharne aruyally wish ,` �,-a _r T.aaeor rNrins h1. s,1•➢pet at harv➢af n nen all sago -r 5Yr ₹ ,g I l the Leslie agrees at few... a SY 1� In.Tollamughly plow.cline and farm in a farmlike manner all lands upon uE premisam in ome or wild Fns.or member of tteit‘tH2nd.To 'dP man f e] .,..-1 .1 t...el ..t^•uImtYu nto _ _ _ and for no I- I: other Iw po h ,and especially will 1 b prtm nr Krm he same to be used any 'I I business r purpose whatsoever. 3d.Ha sell.assign. M1k LQ "h dr i without the writtenconsent of the lessor under heK penalty of aforfeitureof all the rights of the lessee �I icti.�.t I under or by v hurt of t Lc the k of he Le �_ -Ti UM1 To guard said pro K YbuiW 6 gates.fences,vines.shrubbery and orchard from all damage keep the buildings.glass.gams and fences in as good I (.� ; ro I repair as the same w are may be at anyl placed by the leant.to dot m wt whereby r buildingsybe- t'a d' rem ove not Mraw -�e any tone person sae r id p r d,tefences.buildings,trees.shrubbery. any of the improvements or any kid n y r sh.Ton I all the remises. he summer and fall,and dace it he Lessor desire..N f that l be t cause ditches to wwsh I � w a premises.uidk firm hawing .cm ter of a Lessor.T k our maintain m gore rip dui nF he operation of MP{Lease.all ditches belonging or I appertatning to on above described land • Fg K y rah To well aid v+swubly put nn and teMQ sad crops:to have,,,small Fhen threshed by reasonable dens and care roE90 nb Ypm<ced l0 dowdmr on 1101 lucked nd c;bbeL by of each rear and tf not threshed or<i bhed d R[lsuor ma Ill don take to the leuee.aM uleemrFM1 or the is t 1 par eaMnse of ouch Fnlrnng or horns g Ih li 8 hap the came orrilO Frau is to be well 1. ]4 '�E harmed and taken cart of;that no young or grouting ti be is to be cm or used which is now gro:rig on said premises:hat no mils boards or posts are to be used or Ii .; _ appropriated m fuel or other parlous. ;v -3 T- 7th.To accept the knees upon said keyed premises as they nen arc — w .G.' }Y S--fit,: _ _ _ _ _ _ _ _ _ _ ]d. asap xth.That at the expinton of tatlease.or upon a breach by the Luxe of any a the covenant,hereineononned.vthout further nonce d any kind.to laud and II y`. •erV it' render Ihe posse andteccupancy of said p as good condition <artful use and natural we and decay thereof will permit. I I ti y.- eK 9th.That all pods and intending hattels.or any other property used ork v d premises.shall be held for the rrnl or damages under the lent whether memo from +r_ Tf cuh nom can ng or nted ng hereby give he Lessor veld and first lice upon any and all goods and chattels.crops and other property belonging to the I _w.; lesser o . [yam. sire rf:-. Lessee will .Provide and woread the feedtotts annnre nn the fnvm l" •`;} i y„ ,also l 'a furtherJ. "; >"�( �,, land and lenaor w111_pay 57.00_per nrre for twenty tone per Acre_ nr nne dollar I, �` • tai?--�- .�r.' ner tan for leannr netohnte per Arra rT ".'• First rinan sled nnellt will he )land ➢tie Aim'',led leaaoe ' `L-t,c i_. YY + •"� I, All l-nhnr yead_rnr t rol and horhlrldna nacre And sornl1od by lowaee II 'i � w Nn nnrl tole woods, a-e to he oallnape to mPHIT.. aster' avrhpe rnrl-lehn-n n^ nemrdooka .r i1 Trrl Cot n hap tool tine una"t 1st t nrirlon cnilvf for II i4 , A i a 'hall k f y c n sr ern*, pr v a„f St➢lk nnrt,_s -tie nfhA- nril—o 0-n11 ba ^rnrad aanally b, l•ssae/ lassnm -li .c III Maximum crop use of the ]and by lessee _is expected and desired, Toed spaces are I'1 fir=4. �,. to be minicumized. •tt��, d 'b?'R i5 !• .j Hth That al payments from the Usu.'hall becoe due and payable upon forfeimrt a said Lease or abandoning said premises.and in becomei Eocene ry for s kf 1. the,assort brine anion n law to recover ponnion.damage m rent the lessee agrees to soy aluwnable Amrrgk lm therefor and all coats attending the same. eo3 ,i. I�� r 3 II i1 ' 12th II is further agreed that in case the land described herein is told or rented to archer kssec for 1999 ,said lessee or buyer shall have the Sky tctl II right to go on said lad matt rep;..fall plow, Ma en the 611 of 19-92— iat$ah. IJth.It is further undentod and agreed that case the lessee scat the property described lertin before the in at 44day of 'i _• z 'h` ri I 11 December — — .1992 ..4 wens may declare ma ktEfilltfa9F,ER n,tbP,,I,leori..YAlPm+icea said sale beet �'y j • II 'herrnp h,rvent-de-ne ay.�--n.+p•.i.p<r.tana s r�:.�mtauplamawlaer �'1 � I' ennannenn,eb.l.M.t- And lenne rnrtinneeinn .n},ler n new Oseno T.w . ' f _ gL ,I iii!!;:' PL. When used herein Mc M the shall include ural d and the use my gender shall be app,cable to ell'modem.ri,ffe`t' 11'f This lease it executed tms nr PI . a? day of II 7O rit Tom, :' /����.�.C,'/1 G e..:,."----4—.1-7 ' 1�� Lt... �... r, µ acwZ-".,- _ A+. J_n No.262.Rm.]-B]. PAR hl LEASE O Brdfad Nd-0mg SE3>s CN An..lye«.ad CO RRn—UUJI J1A9LG ?F1 �>k��. • EXHIBIT C e . - _. _ FARM LEASE • . THIS LEASE , is made and entered into by and betmeen Joe Starr , Landowner , +`-.1rLandlord , and the Lessor , and Roggen Feedlot , Tenant , and the lessee . :,"—YX• Witnesseth that the Lessor has this day leased unto the Lessee , the ▪ ,,. }' following described premises situated in the County of Weld and State of `' "i'; Colorado , to wit : SWZ lot 24 Township 2 Route 63 , and Eli SE% lot 23 t= ':,.Township 2 Route 63 . , together with all buildings and improvements on the e . - ' same (except as hereinafter mentioned) for the _term of 3 years commencing ;:-' on the 20th day of March , 1990 , and ending on the 20th day of March , 1993 , ., -'.'. at the rent of 1 /3 the Corn crop harvested to the Landlord , 2/3 the Corn; • ;`:: crop harvested to the tenant . 1/3 the Sedan Grass harvested to the Landlord, 2/3 the Sedan Grass harvested to the Tenant . ▪ li The said rent to be paid or delivered , as the case may be , as follows : ;.;`After the crop is delivet4dand paid for by the buyer , the total payment for=: ' the delivered crop will be divided , 1/3 Landlord , 2/3 Tenant . Landlord will`" ; pay 'i electricity for well , Tenant will pay 1 electricity for well . Landlord will pay 1/3 of all insecticide , Tenant will pat 2 /3 of all insecticide . Any bills that were to be shared will be paid in full at time of delivery- -'H v ant ,and payment H t„ The Lessee agrees as follows : flr.a.: 1 . To thoroughly plow, cultivate , and farm in a farm-like manner , all „lands upon said premises not in tame or wild grass , or in timber . ` 2 . To use said premises as a farm, and . temporary storage (if storage is ,needed) , and for no other purpose whatsoever , and especially will not let ',said premises or permit the same to be used for any unlawful business or purpose whatsoever . 3 . Not to sell , assign , sublet , or relinquish said premises without the ....) r₹?written consent of the Lessor , under the pen lty of orfeiture of all - t4-,11. s, "�nthe rights of the Lessee under or by virtu thi L a e at the election" .'ggLL gof the Lessor . � 2 ,: < ,1 �0. 4 . To guard said propery , b _ - i_o_ , ga fenc Ines , shrubbery, and orchard from all damages ; to keep the h„ t t ' 0 -6 ase-, Agates and r a :. t:N ..efences in as good repair as the same now are , or ma be at any time placed ft.c 4seeirt4in by the Lessor ; to do no act whereby any insurance on builJlugn may be ?til,a3T-invalidated ; not to remove nor allow any other person to remove from said ttt,Aflpremises any of the fences , buildings , trees , shrubbery , or any of the 2.e4mprovements of any kind . , .,` .. 5 . That at the expiration of this Lease , or upon a breach by the lessee "- of any of the covenants herein contained , without further notice of any 5 ,;kind , to quit and surrender the possession and occupancy of said premises "'-Y1:1;4=ifin good condition as careful use and natural wear and decay thereof will '1, .4! "1?.permit . ' 6 . That all payments from the Lessee shall become due and payable upon ;..: forfeiture of said Lease , or abandoning said premises , and if it becomes .necessary for the Lessor to bring action at law to recover possession, '` or rent the Lessee agrees to: -.1•.,-; damageg pay a resonable attorney ' s fee - <L therefor , and all costs attending the same .This lease is executed this r-cO' cr day o t��/�� , 19 7O ;) ssor Lessee 'J EXHIBIT C (p. 2 of 2 ) (�c '�C^: ^a, • --*o<a.wct"! a ,--� %3_,J c � �/ inan czAt uA .� µ'Y 1-1 (-�`f/ 77 7// ,. ;i/.t(LF,- ,, „e„,‘,/ r "t'/.�„. , i`/-' ! f/.,,G:%...<—.7.0, r ......A A,i :i ,I-si"f fls/7 • 7 >; �1 ' /rr `��7Z✓ fir.? 4 .1r. I- JIt" `4:r•..�,/ „,..,--• r i. `' / *:.‘..j.!,( ` '<C PI: t r{ ., qr .4.4,.-X.,-;...-1 4 -,2:)1l.,- �;f/ /jr /',.LrAZ:f� l<--;:/ml`' .1-11.1--- . "� {/ / /F-7- • - c .. ^.""jf! r � �,> � .('-,:.`�''.�^: (. ( 7 t-;� J - ,7. .C ,(-•-• y'_'L'.s-tf f' ."� ;�✓' Cc'1,-�'. �y (211-`1-L Y�.L /"/ Z. Ci.r /- " .-'_/ .. /2-1 4,2c+: -- - Tkel :74 al-e ‘-'77-Z---/.� u- t`4.4 -2:5" -tl,e1-- - • r. sr �L' 1 -••"r 17 t.'K."-, ?L.772---",••r. ?` 4111.-'�'C:7,;:e-.?4 / .. r["1.Gi%6- G -I-14:'-✓ ,-.Z! l- . -f r? � C d "�+" 2 �L �, - ,1. Cft ', yt( -.. ..Zi'/A t. 7,C ,y L" C . _.fry � _ -� , ,f t;� i1 G/ • Z)e- Cs-y1 /%✓,%,;f/f > ii--- _ s ��/' r c �� . FirP Krj:LI F.,'cr-,H7(775j-ii r ill CEP 1 7 1990 !, Lti, ? 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Please cons\c9.c -Ate pee/yoke wiA,o Lau e ke lux next ±D cL.V1 beecb.-V o SULCIA v.s 415 be-loco 'Nerderty, a c�ec �s � S ,A,Ncetel.y, lie garold price( Jr far':); �{7i "jr[-� [�,I 4 � \ r. '. 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'-iCzx '7'7 i r, et, SJOd�✓� 4D NlU?,Ir IT\-`/7F�' I: SEP 1 9 1990 1 WTI$ en sladi gnu ,amrnii g-0,. i'.� 9C riP519, TM. t SFP 1 8 1990 EJ `� _ _. .-- --- WM-Co. V1nof ommissio .• 1990 l'le l d County P. af' n i.w d C+::r"imi f'i9.. ..°::!?i 6rtlely , CG P.:71 TI...Ia;'•tI•:: you foir. ,,:oz.{r attention to this serious matter. We are very upset and t...t• 17. 1 ...4_.-..i P '-i 'Y :"'i':} life style','� � i� i. _ ... .. .. .. ;.:I..l<'�' .i. :' 'i .- o •i .(:' rlf�Yi.. that i-i� Dui.� f��i::�''E.i.i,j.. l:, threatened d by the . .... _,. i't lot that wF.'.• built from the ground iit?•. Up until '':.i!{•:il .I.a..:t 't':.!,,,.? {':.'•`Jne. s> it t':i3.:: well run and i t..; to , our. ... i. .t t. a i"i...�+i":e::' he proud l,..t...r I..:c:l k:: have 3`;Y', i.i 1 '_t community. Then , f._.Y r...17 e i_. I::•w;l:.r Mr ... !:f•::+{gc,..; built , w i ...I"tr'u t'. permits , a. ::ai:?t . j: lots to the e 1_ : : original :..,!i�{t. i :,_;;' the t r. corrals, without It..F:i;t c1!"'{_i to drainage, etc. He also neglected to keep in repair the waterers Ln til(:i original pens , and i1.:., t,:II o nage ;j.I.'i. !r '•h,.... $'7.I•..•>t t:i.mt._, was allowed to l..tp to the i::3{.!t: ;e'F pipe ;-'.1'1{:t remain that way. Now, ... the current 1 i 1•.11_I(r.+, 'I,1 r.., : :{J;'�'�I,•. t�:i...: Hesse, iNf":{:? i"iea.��> (":i�?'.... :i.17Yi' ''i'�vr:?11 't: 'iC:?r_;p-.a !: i:.:I7t.i.I Lt!ht?: :::1.. the feedlot . 'iI'l{::.e i71. t'_;C'i1•: :a'Vb:r... ;Mcli..its i' {:') fc."•;pi1f.1d the .1.. R -, .1.. 1.1'11.. '°'i.:t.' t.. I.IY;i.:'t.:::• ti:ri., ... Yet , t.j;:.: :i:!t,`i':? i{:' .'¢:'tct�Cll'1 (:;j believe t::h, 'h'. l:Ir,._. he brings in an eI l...t.l. ,r..r i '.ii;�•y it will be 6 s::. F::- i-}-1----t(" lot that ; 1 1 fikke it ,....:1. if h cannot manade this s lot'.. in basic care and maintenance, it Et-_E{Y:.::, .: --.:i^, ;I e i is`'i;..h -+ f f:'}.}. l m' ••' ;..:.1 give.i. �;(::.' him 1 t i. r.:'s I-:_s'_:' to .-?x t_'t:l i f{:.i at all , or ms: : ntain the i:npermtted 't ::a i' ...f.i..i:i f:.)'' the 1,^.} lot. 'r... ti.,.. ... iverflow .. lieing full of efirquent (over 7 :. 1 .4:.i• � i.:+:' :�'.`. 'h::l i+'1::''•:: :.. 1 ��:.i.a .:�{: s..:.�. i. times, ) I;+:_.. ._.!i:.�t='i'..•-�.:. iia ':t"jr•'� . i i::" i i t J "'lY :. F-I ii..-....aC`l::t has 7.i::l that'i i:;l... .. deliberately 1 cl t:;; r_:..' I.. h!fe: causes to _•.... 1'l].t.. waterer�a :..:V:.'i : i .. that ;.I :-. .C:!i. I•:. {:'I.".`'J' have e fresh water at all times . is.r. r is a I' i:': :::ir '..cll:a.l.e : ,:•i.p.c•1 ei'i .. The tfls::it:..:{"er ... are, :i. �i'� h•`e :lt .._...'1 ii ::ll"i;., I+i:::a.t.:1i.,:,.i..14•::'d Fyl'-{..?i..•:.'i'.i.v :, ii.t l C! capable of de ..'{_aj"':{. I"Iri ;rcs,:i(F water al ] i ••e__ .... sum., of them are no longer • r _1 a able .,......i. t..!• :_ii::. , t,Yt:':v shoud .:F;.:: rep.i,irod or replaced. • ::. _. •.i..l l.. :, tYi:..,. ;i- <- �. .. .;. I t ;.. ;fit• i........:...:.':j is:_ .1 ...u':= }.:rl1 CAM"etCj{:'1 y for anyone i..i.! maintain the?., 'facilities in tl manner :ir.•': willfully 4ML...:t..e'::.. -,-4a't..: r , .'_; .,;:;.t,.....' :1.I' E'..i:..:t::,t..IC:Y:"Y'_i:{.1::? i {'?•! and , ::it.::: `:`i7u h::i`jow, ci ::i.i..lc-i.t. l r T w i'tt-.;:_agoesa_I.:::`.. . fI?• ': t::it. ..1;.:.., water .a.w,. ...a ;,_;d .additional t..i o1"ta1. responsibility:s" bi 1. i 'h { r-? , r. :'. witlful waste •.:. the FA'. I'i;:t l:. the 1 well Elupplyng t;..,._..";(72 {r2 1^•'t::.a t... i :s:, pulling :i. I•_'.'e p_t..:t c al.,l e {,:l a't':e'_ from .t..i...i e deep F7•.7.-:•..H:I. .I. .t -x:_'e:': .'ia ':':li"f{::I -:houl. d he .I t i 1. !. 'r:+d {..', .I'1 itt'i. r e f y ,: r iI i -41(1) %C2� QiL�I � �c,lAeCC�, J2 /c i21,/c/l÷ �C rbz Ch?", 7 r ;? c ;,4' J r y n uzz'"1 —f SHOEN EMA0 l CHARGLA! S ,4; — I / /' •,4-,,,, 8672 Weld County Road 73 I ��� 1►' Roggen, Colorado 80652 ,, (303} 849-5259 tif _Wt, Z7„.,..!.j.'..f/ODear Weld County Planning Commission , We are writing to register our opposition to the Special Review Permit' currently being requested by Richard Hesse . We live approximately 1/2 mile north of the current feed lot El 1!d _6 lii..i; e,7 i�.imu v.'.,..,, , iiv ha!7- iIC?t -rh{J vv n gvCv -qtr'.+!•:ardchip of the existing operation . 1 . THE ODOR that comes from the present feed lot is extremely offensive , Mrs . Shoeneman cannot hang laundry out to dry because it absorbs the odor . The odor permeates our home furnishings when the windows are left open in the summer . In fact , during the summer months it is not usually possible to leave the south windows open to enjoy the evening breezes because of the stench . 2 . THE DUST that is stirred up by the cattle when the weather is dry causes a severe dust problem . This dust also ends up at our home when the breeze is from the south . 3 . THE FLY POPULATION has also increased substantially mince the construction of additional corrals by the previous owner . Enjoying a meal outside on our patio is seldom possible . We kno,,a that this problem does not stem from our own cattle as they are out in the pasture during the summer months . The high concentration of flies also means an increase in the possibility of transferring disease from incoming feedlot cattle to our cattle . 4 . CONTAMINATION--Mr . Hesse 's containment pond has been overflowing all summer into the field east of the pond . i�.cithai he no i.:; einptu'/e. s have made any ef. ort to c;...) tri.>i this problem . We had no significant moisture from March until the 10th of July and the overflow was seen by us beginning around the first. of June . If the feedlot is expanded it will be very close to the Sand Creek which carries water through our ranch all summer . We do not want sludge and ammonia water from the corrals running in this creek . Mr . Hesse claims to have made provisions for this 1-77 -7::: - L.. I I t eili b. Aatrcutp .Atslits:S l. problem but has no hown , to us , that he can intain his current problems . 5. PRESERVATION OF THE NEIGHBORHOOD- as stated in your guidelines , Section 24 .3 . 1 .7 , there must be adequate provision for "the health , safety , and welfare of the inhabitants of the NEIGHBORHOOD" . It is our concern that these provisions may appear- on paper but not actually be carried out in a responsible manner . Also the " neighborhood " is zoned agricultural but the expansion of the feedlot is going to destroy the QUALITY OF LIFE that we had before the extra pens were added to the feedlot by Mr . Boggs( previous owner ) . 6 . PROPERTY VALUES of our ranch stand to decrease substantially if the feedlot is expanded because no one wants to live near an odorous operation . We have a lovely home and should we decide to sell for any reason , we could not hope to get much for the house as people do not want to move into an area inundated by smell , flies , and dust . In closing we feel that you should deny the request for Special Use Permit . Our "neighborhood" does not want the feedlot expanded and it is our contention that even if Mr . Hesse meets your requirements , He has not demonstrated the capability to run and manage the existing operation . Because the "neighborhood" does not want the expansion should be reason enough for denial . The RIGHTS OF THE NEIGHBORHOOD should not be overlooked . • T' r" / L-1'i• fI 3 C :' , t-� Joel Shoeneman Linda A . Shoeneman may,^'`,' l����+ \' DEPARTMENT OF PLANNIN_G SERVICES ^\. , Lf I I PHONE(303)356-0000,EXT.-O400 91510th STREET � � 1990 I J� GREELEY,COLORADO 80631 a:1mNifop CASE NUMBER Amended USIt-208 COLORADO . August 22, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard Hessee for a Site Specific Development Plan and a Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone _district. The parcel of land is described as part of the SE1 of Section 24 and part of the NE4 of Section 25, T2N, R63W of the 6th P.M. , Weld County, Colorado, (Lot A - RE-473 and Lot A - RE-474) . She location of the -parcel of land for which this application has been submitted is south of weld County Road 18, west of Weld _County Road 73. 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 September 5, 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 xeturn 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 hays a Comprehensive -Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. k 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. Signed: y Agency: pvf)rith qs.1 (A 2e 4d �! Y- e Date: A ogre oemr9C1 27 Agenda Date: September 18, 1990 Applicant's Name: Richard Hessee Location: South of Weld County Road 18, west of Weld County Road 73 Legal Description: Part of the SE1 of Section 24 and part of the NE4 of Section 25 all in T2N, R63W of the 6th P.M. , Weld County, Colorado (Lot A RE-473 - Lot A RE-474) Type of Operation: A Site Specific Development Plan and a Special Review permit for expansion of an existing livestock confinement operation from 3,600 to 12,400 head of cattle in the Agricultural zone district Comments: Ne-.) GAO �!/'� � vvv��_ s� --14,(i14-) 1G�-�1racd�J, ,st � fr t - n L]L' tsi eld County Extension ervice WECd CD. 'Iasrxr% 4,0091 770 - ?o ay, S A.A.0 er, 1 . ,40 A.,,,,,,Ltbas,,,,,, _dh,t---, icr, _ ao � �ert ,n-ta- oi timA /4;ti «ry,o-a4 co-...a ;(4.,. _um; ca,,40€4 _ ifevA,4 7O4, YS& � ?Ic/��� ii> 4i-Y.0 %d o-2 S ` , - S"302 11 r 5 4.- J�'r) it '- .EP 1 ,j 1990 1, .C. (1(i ,. : Western Gas WestVi l s° Supply Supply Compan y 500 Prudential Plaza 105017th Street Denver,C080265-0501 (3031534-1261 Sept. 9, 1990 Weld County Dept. of Planning Services 915 10th St. Greeley, CO 80631 ATTN: Lanell J. Curry Dear Lanell; I have reviewed the USE BY SPECIAL REVIEW SITE PLAN for the ROGGEN FEEDLOT. I would like to inform you that the existing Western Gas Supply Company pipeline, is covered by a 25 foot wide easement. This easement is recorded in the offical records of Weld County, in Book 934, with Reception Number 1855851 , on April 23, 1981 . Western Gas Supply Company will not allow any structures within this easement. Sincerely yours, - 7— ) tet/, Peggy Fitzgerald Asso. Roght of Way Agent 9C,122-1) _i 7 , � Qtr -r Ye1ti i;„. „ ,,,;,,,. _.._ 1 L + :` C , December 1990 Weld County Commissioners Greeley, Colorado Dear Commissioner, As a landowner I 'm concerned about the feed lot expansion south of Roggen. I am against further development AT THIS LOCATION for the following reasons : -Reminding you of what Mr. Hesse ' s attorney said at the last hearing - we have a sort of "knob effect" here. (Because of the topography of the feed lot, pollution drains away on every side. ) To the EAST, Mrs. Buchholz -landowner, has 5 acres already polluted and rendered usless. To the NORTH, the head water and flow of Sand Creek that brings storm run off several times a year directly through the feed lot property thus pollution downstream. To the WEST, gas company lines which must be checked for leaks and cannot be if the expansion of the feedlot goes through. To the SOUTH -immediate neighbors, (Shoeneman 5 M Ranch) who will receive the pollution within 1/2 mile downstream from lot. -The area is already very condensed. A rural neighborhood with several families within 1 mile of current lot. Expansion will increase truck and service traffic by over 3 fold thus safety of children and others becomes an issue The current operation includes 2 illegal pens already. -The Hesse owned land -is not sufficient to take care of anticipated pollution and refuse from an expanded feed lot. -Mr. Hesse ' s inefficient management of the existing feed lot since Nov. ' 89 has resulted in: -pollution of neighbors crop ground -downstream pollution of family well water -poor fly and dirt control -capturing and illegally holding Mr. Shoeneman' s cattle with a $5, 000 ransom even against the direct order of the sheriff to release them. -lack of immediate correction of pollution runoff . -examples of an insincere effort to conform with state statutes from the water department as presented at • last hearing. /t SCy2027 Not as a supply business in Ft. Collins or Boulder or a contracted employee but as a concerned 5M Corporation landowner in the immediate area, I implore you to consider the above information in making a determination on Mr. Hesse ' s permit. There are locations in the area more suited to his intentions that could give him what he wants and will not make a rural getto out of this already very condensed area. Thank you for your time and effort on this matter. Kindest Regards, l (c „z„---76' {_ 1E Christine K. Bell , Landowner 5M Corporation 9C1227 d .8% ;; � � Strand Nordstrom Staifeg.Parker, Inc: j Insurance —Bonding December 1990 Weld County Commissioners Greeley, CO Dear Commissioners, I am opposed to the proposed expansion of the feedlot owned by Mr. Hesse. He has not shown good faith in complying with the Health Department requirements to clean up his operation. His owned land is not capable of absorbing the increased cattle volume let alone the pollution problems. Mr. Hesse ' s attitude toward compliance with law and order is suspect when he refused to obey a sheriffs deputy in releasing cattle to their rightful owner. He attempted unsuccessfully to to charge an exorbitant fee for these cattle. This man does not seem to have: 1. Respect for law and order. 2. Consideration for his neighbors 3. The land that would accommodate this expanded project. 4. An environmental plan to accommodate animal waste and other pollution incident to a feed lot ' s operation. Let him expand in other locations that would hams appropriate area to accept an operation of his size away from south Roggen. Sincerely, 00A;(432 � �Q David E. Bell , Landowner 5M Corporation 9c •a2 1780 South Bellaire Street •Suite 333 • Denver, Colorado 80222 (303)759-2796 • IA/1"(303)759-2960 r� ieze , tia,t. 75// we e G 9 i.� ecy, 6 , /D, /9.70 ditvG pp Ate- /_eta _. rye. �L¢J2 Z tz% ea.-eth >1-67. te. “ o-dc z.41- 1-Q74-c. ter, Lt-c,;eaci-vz `d ` /74_ oo el,-ice/u .--/ - -XL :te 1 a- . Ztv-a 1-4 Aemcat evyL,e,/ coke/L-ti-eckeCiti_t .71-4 ,% t�� Q � , 961227 0 r,' 2 /,. -Lc. L 4.---0-c.,. cti7� ._.-C�-t-D.Ln_n'L-C'iZ.LG rZi 24 l i ___ � 11 (*1. .?"'per d- --GG4/1^-C_ � "1"r c--f6-..-tr: ' :TA; �--�-�-e' .,�_, /,�"` / .{.� �- l- <c'2�o_i2cf c,-Z`-. 71/6 1� `,F- 7,3 -�-t" ,� / / `�-�`�'" � / 1 Ci-t. Cc_ �;,}c?/J/Jti .�r h -�lG 'a_."-<'. �"� Gt.ppi .rH�. 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G/...tr, ,r..Z tit pz A-at ittae;yug afeugeitll A- ._...it-c:~4,2r, 4- (2>71-9 .LD _.-rie2 CL?ee w <A^' r.eZ/WA (2 CIU.C/YY Al- Le/Sciel --(-7- c. artsfrael0 �.� e- 66�712116-r2.2, «ham 7, � r-e-tet , _eve uu-C;e2 C�az,(.7e� 4 1.-,�z-, Via, tr-,.ale Qe (�2-e€,,ne „zsi--- «-,n,aia)121 . SCIZZ 7/1- yz7-`12 . In 14 - J 1V Martin Shoeneman South Star Route Lyons , CO 80540 December 4 , 1990 Dear Commissioners: I own property one half mile North of the proposed feedlot expansion , requested by Richard Hesse . The hearing will be on Dec . 12 , 1990 . 1 . It would be too congested for the area he has . 2 . It immediately borders Sand Creek on the West and a major county road an the East . 3 . There are high water periods with water running bank level at least once a year and usually more than that . There were 7 of these occurrences in 1989 alone . 4 . The washing away of the already existing residue has caused a stream of green slimy algae to run down the ditch through our farm , showing severe contamination . This has to be present both above and below the ground . This surface contamination is a definite hazard to our livestock . 5 .according to "Ground Water Resources of the Lost Creek Drainage Basin" , by Nelson , Hayley and Peters and Quirk-- THE DRAINAGE OF SAND CREEK IS DIRECTLY TOWARD ROGGEN . Eventually this contaminated water will hit town properties . 6 . If feedlots are "a major source of business revenue " for Weld County--as stated by Hesse `s Attorney , then let 's deal with this situation in a business like manner . This means abiding by the rules and regulations of the county . 7 . The government and society presently demand stricter performance regulations . This means we should shoulder our responsibilities and do our part- not compound the problem . 8 . There are alternatives--areas away from population and water pollution where he can expand to any size . 10 . Hesse ` s past record of operation practices right here in the community shows continued disregard for health concerns and county regulations . L/>/ /// ' - /k411-eoe-.2"-- 9 .1227 , • Joel Shoeneman December 8 , 1990 8672 WCR 73 Roggen , CO . 80652 RE : Roggen Feedlot Dear Commissioners : I am a property owner South of Roggen and my position concerning the expansion is unchanged . We cannot facilitate a feedlot this size in the proposed area of expansion . Also , we cannot trust an individual who in only one year has VIOLATED COUNTY HEALTH REGULATIONS 3 TIMES . To date there are twice as many cattle in the feedlot than originally permitted for . The pond is again filling up and about to run over . I have to wonder what will happen if the expansion occurs . Sand Creek borders the proposed expansion on the West and North . This water runs for at least 6 months of the year . With this man' s management practices , water carried diseases are a very real problem . He imports cattle form all over with various diseases and the threat of our cattle and cattle down stream contracting these diseases is very real . To date , he has shown that he is not capable of handling his sludge problems and this will only compound with the expansion . Mr . Hesse has demonstrated: 1 . No concern about the community surrounding his feedlot 2 . Is impervious to the County Health Regulations It is my belief that his engineering plans look good on paper but a poor track record of operation illustrates otherwise . His inadequate animal waste program will only be the tip of the iceberg to continuing problems of this • feedlot . There are other locations , better suited for a lot this size . Sincerely , cc : Wes Potter George Kennedy 9C1227 7 RICHARD PARKER • 36296 WCR 18 ROGGEN. COLORADO 80652 (303) 849-5328 t v I i December 9 , 1990 Weld County Commissioners 915 10th Street Greeley, CO 80632 Dear Ladies and Gentlemen, I am unable to take yet another day off from work to attend this week ' s hearing regarding Richard Hesse and the Roggen Feedlot . However , my position remains unchanged and I urge you to vote against the proposed expansion. You have heard and will hear more promises that all will be well if expansion is approved but based on past performance there is no indication that this is correct . Remember that their solution to the overflowing pond was to pump the waste water into areas that the pond was supposed to protect in the first place . If the feedlot is expanded we will simply have that attitude multiplied with little or no recourse for correcting the damage . Sometimes decisions must be based on performance rather than promises . What good are all the rules and regulations that pertain to these matters if they are ignored in practice? I bear no animosity towards Mr . Hesse or his pursuits . However, this feedlot expansion is a bad idea in the wrong place. Now is the time to vote against and disapprove the Roggen Feedlot expansion proposal . Sincerely, /1-tde— pen en lice, i Dec . 4 , 1990 Jim Jakel 36716 WCR 22 ROGGEN , CO 80652 Commissioners= There are not many situations of county growth I am opposed to but to allow a feedlot of this size in the cramped area proposed , would in my estimation , be a mistake . I am opposed to this expansion because I have noticed a lack of concern for surrounding neighbors and what seems to be poor operating and management practices . I am also concerned about water contamination because Sand Creek runs through our place . We have several varieties of animals and I do not, want water born diseases to contaminate my livestock . I hope you will not allow the proposed expansion . Sincerely , 14- - 4.,-)-74-4-2 (:4; *---' ytive,",,,,(36(.(9e-4. 9012,27 i 1 December 10, 1990 !' 19 ri .t f ry7o Dear County Commissioners : TO THE BOARD I am writing to express my opposition to the proposed expansion to the Roggen feedlot. I have recently moved into a house located on the Shoeneman Ranch. This house is located only 300-400 yards northeast of the north boundry of the proposed expansion. Already, even in cool, "window-shut" , weather we experience plenty of odor. We would not wish to live here were this expansion allowed. All the time we have lived here Mr. Hessee has been allowed to run roughshod over the building codes of this county in continual use of the south pens of his feedlot. I personally know they have been in full use since June. If these codes cannot be enforced and properly regulated by your administration on 3,500 head, how can you claim to be able to keep Mr. Hessee within any type of guidlines on 12,000 head? Respectfully, Dennis Lacen 8540 WCR 73 Roggen, CO 80652 849-5616 9O:227 -, ' 7 Lauri Klausner 7501 WCR 77 Roggen, CO 80652 , . . .. _ Attn: `Meld County Commissioners: Res Proposed expansion of the Roggen Feedlot It has been documentedthwt Mr. Richard Hessey has diverted augmented water. Hessey has knowingly kept two unpermitted pens in operation during his two years of management and, in that time, hasn't attempted to bring them into compliance. He has allowed his containment pond to over-flow in violation of an imposed flood plan--no fines were levied against him. Hessey wants an expansion permit, then, he says he'll 'do anything you ask.' If he is denied this permit, will he be compelled to bring his present operation up-to-code? You (i.e. commissioners) simply side-tracked this issue. How many times will Hessey be able to procure an expansion permit? And if not him, the next owner or, the next? I ask you and Mr. Hessey when is big, big enough? It is hard to believe that the original intent of this 'family-owned' feedlot could become an engulfing enterprise, nutting a stranglehold on the neighborhood that I know. A registered voter and property owner, Xatai Lauri Klausner 901227 December 6, 1990 County Commissioners ' Office 915 10th Street Greeley, Colorado 80631 ATTENTION: Hesse Feedlot To the Board: As a party who has a business interest in property lying adjacent to the proposed Hesse Feedlot, I feel it necessary to express my opinion and concern over this project. As this Board is a representative of the people, I consider it your duty to weigh the consequences of allowing the proposed feedlot to become a reality. We are not only looking at the neighbors that live in close proximity of this project but also the future generations who will live on the land as well as the numbers that either now or will be receiving the benefits of this land, one of which is water from the aquifer that currently flows beneath this proposed feedlot. Mr. Hesse has lived in the community for a little over a year which is enough time for him to prove his stewardship conduct, i.e. , concern for neighbors rights and health, environmental and property upkeep and protection. To date, he has not shown a conscious effort to make the commumity a better place to live and grow. We live in a time in which we must be concerned with the natural _resources we have remaining. Mr. Hesse doesn' t seem to be too concerned with the resources he has available as is shown by his careless use of fresh water (overrunning stock tanks at the rate of 20 gallons per minute per stock tank as stated by Mr. Hesse) and the avoidance of treating a health hazard in the raw sewage that was allowed to flow freely all summer long onto a neighbor ' s property rendering it totally useless for farming. To pollute not only a neighbor' s property but also the aquifer which is the water source for many hundreds of people and animals alike is unaccept- able as is the possible pollution of Sand Creek which runs along the proposed feedlot. 90,;1227 County Commissioners December 6, 1990 Page two How can it be said that he will complete a site that will comply with all the necessary standards when he hasn't even met the standards on the small lot he has now and has had over a year to bring it into compliance. What certainty can you provide that he will maintain proper waste disposal--he hasn' t been effective so far. What are you going to do to preserve natural resources that remain and provide pollution controls for the future? I believe we must begin now if we hope to have a future and that means setting up regulations for ample space for an operation the size Mr. Hesse has proposed with appropriate sewage and waste facilities with NO possible chance of contamination. As your position is one that has the ability of determining future controls and benefits, please consider the outcome of your decision for years down the road and generations to come. Move this feedlot elsewhere where there is no threat of contamination and it can be serviced in a proper manner with appropriate room to grow. Thank you for your time and consideration. Very truly yours, Renee ' Crumb 1625 West 24th Avenue Lakewood, Colorado 80215 /rc e = 15 • De,u4 r c 1-6,„ 7, 161`70 Leonard Keller Keenesburg , CO 80643 Dear Commisssioners: I am writing this letter to let you know of my objection to the expansion of the Roggen Feedlot . The present operator has more cattle than he is supposed to have and a pollution problem is existing because of his poor management in the last year . He has operated on what I would term "poor housekeeping " methods and Z don 't think he will operate an expansion any better . e Ai. J --\ ti ,���� �Gib � C ' `,;.,\I\ I'I V 901227 Martin Shoeneman South Star Route Lyons , CO 80540 December 4 . 1990 Dear Commissioners : I own property one half mile North of the proposed feedlot expansion , re-quested by Richard Hesse . The hearing will be on Dec . 12 , 1990 . 1 . It would be too congested for the area he has . 2 . It immediately borders Sand Creek on the West and a major county road an the East . 3 . There are high water periods with water running bank level at least once a year and usually more than that . There were 7 of these occurrences in 1989 alone . 4 . The washing away of the already existing residue has caused a stream of green slimy algae to run down the ditch through our farm , showing severe contamination . This has to be present both above and below the ground . This surface contamination is a definite hazard to our livestock . 5 .according to "Ground Water Resources of the Lost Creek Drainage Basin" , by Nelson , Hayley and Peters and .Quirk-- THE DRAINAGE OF SAND CREEK IS DIRECTLY TOWARD ROGGEN . Eventually this contaminated water will hit town properties . 6 . If feedlots are "a major source of business revenue " for Weld County--as stated by Hesse `s Attorney , then let 's deal with this situation in a business like manner . This means abiding by the rules and regulations of the county . 7 . The government and society presently demand stricter performance regulations . This means we should shoulder our responsibilities and do our part-not compound the problem . 8 . There are alternatives--areas away from population and water pollution where he can expand to any size . 10 . Hesse`s past record of operation practices right here in the community, shows continued disregard for health concerns and county regulations . • 1 / �J Q.r f�r� ),i //r) 7raS:L.r '/ W C ..i Total Engineering Service N NM 3310 State Street Evans, CO 80620 (303) 339-5215 December 4, 1990 Ms. Lanell Curry Weld County Dept. of Planning -Services 1950 �915 10th StreetI]) Greeley, CO 80631 Weld Co. PIiIDlllifl elll7(IDlyiaIIU Re: Roggen Feedlot Dear Lanell: In our November 28, 1990 meeting we discussed the changes made to the layout plan for the above referenced project. The only changes made to the site plan related to the increased size and location of the containment ponds, as I showed you. The increased pond sizes will allow the applicant to fully contain and control the annual precipitation and twenty-five year storm event as required by the Guidelines of Feedlot Runoff Containment Facilities. The changes shown are intended to meet the County Commissioner's concerns which were raised in the hearing conducted on October 10, 1990. In our telephone conversation of November 30, 1990 I understood the following: you have met with your supervisor, Chuck Cunliff, to discuss these changes and the Weld County Planning Staff has determined the changes are not considered a major change to the Amended Use by Special Review permit as submitted by this office. Therefore, Mr. Hessee may proceed with the application underway. Please do not hesitate to contact me if you have any concerns on this matter. Sincerely, TOTAL ENGINEERING SERVICE (b/lt Tom Cope, P.E. enclosures xc: File #90-133 Mr. Richard Hessee Mike Callahan " e4((944 • GRANT, MCHENDRIE, HAINES AND GROUSE PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW WILLIAM GRANT PETER J. cRousc ONE UNITED BANK CENTER MICHAEL W. CALLAHAN CYNTHIA J. MCLEAN JOHN N. DAHLE WOO LINCOLN STREET, SUITE 3000 MARK N.TSCHETTER J. ALBERT WILLIAM R. KELSO Donwlo M. suwK„AROr DENVER, COLORADO 80203-1086 JEREMY P. COVEN GAIL E.OPPENNEER TELEPHONE (303) 832-7200 PAMELA C. BROWN DONALD B. GENTRY TELECOPIER (303) 830-2394 or COUNBEL KEITH TEMPEL 'BROWN MCHENORIE PATRICK A. GRANT JULIA O. ROBINSON H. RAIN[B.JR. WALTER J. DOWNING (IDI♦-IDDB) MICHAEL S. RENNICM JUDITH D. JUDD DAVID S. HARMON December 10, 1990 Wes Potter, Director Environmental Protection Services Weld County Department of Health 1517 16th Avenue Court Greeley, Colorado 80631 Re: Roggen Feedlot Legal Action No. 90-079 Dear Mr. Potter This letter is to confirm and follow up on your recent telephone conversation with Mike Gurley and our meeting with you in your office regarding this matter. As you know, we represent Richard Hessee and the Roggen Feedlot in this matter. In regard to the discharge notice that was sent to our client, as Mike indicated to you, it is our understanding that there have been no discharges which would constitute a violation of any law or statute as described in the notice Moreover, it is our understanding that no such discharges have taken place since the date of the receipt of the notice letter. Upon your statements that what your office was really seeking from our client by sending this notice letter was a plan of containment for the feedlot, we have so advised • our client and he has formally submitted a Feedlot Containment Plan. This is basically the same plan which we discussed with you in your office on November 16, 1990. in addition, it is my understanding that Tom Cope, of Total Engineering Service, has been in frequent contact with you regarding this matter. It is our understanding that you have granted verbal approval of the Feedlot Containment Plan which has been submitted by our client to you and that you will be confirming your approval in writing before the December 12, 1990 hearing. • 901227 Wes Potter, Director December 10, 1990 Page 2 Because you have given your verbal approval of this Feedlot Containment Plan, I know of no reason that this matter should proceed any further. Nevertheless, to protect the interests of our client, I am sending this letter to you to indicate my understanding of this matter. If you desire any additional information or if I am mistaken as to any facts or conclusions, please contact me. Otherwise I shall assume this matter is concluded. Very truly yours, GRANT, MCHENDRIE,TIAINES & CROUSE, Professional Corporation n Michael W. Callahan MWC:sah cc: Mr. Richard Hessee Tom Cope, P.E. 9C1227 I ; Se-ay( 94-0, zegr 7 �� 94 ?so( 44-to ,Zirea=1-2/Ckhe, ,Wrr/e fr-djz7 � ,a7)7a7`#ua 4221 fi_ew (cited) _co 4--6 .-Q .71 ,,tea& /7L2 G017--idida/1767d 6,0 d 7/-"na>4 _Ai � 274 meet)--- pe""(-.;. � fr Gce-ec-6( xed raj?' - � �� /D le n /O1-2O ,&a)--Le , 90122 60 deA- /life,a-ce �. /21 Z�e� 4,-('m a' ,2G ,�,-c Y �1; �: 5 ) Cic med- Y v - cre . e7 yorte 7z/& c-7E -)7 7 Z�r go&. W3 ,1 - / j I �y TO TIE LC ___.-0-) Q t __ liL_ Q 62_,0 ��- Lti t__-- �r `/-2 uQ .QQ. 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