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I: \'` n (.\. 1 1-, -, '.';4— . • •,11 i• .L l -a :4 I R0 W c1 e8 z N d 1 a ni 4 3 u ns N it it i93 7. 1 N II 1 . hiiiWt2 s ' ! _ E'etc Ii •• l! at' IR ] ! : i • ip9 ze;. . z m E a E e [f 4; eq edl : ?d r a I- a ®® r^ d'5 1 8 J 5 pp L p4 i 8! 3': 4° s: . Cr iG • .M • —_ ---_—_ '9� .c.�• E•Ee v i/ t / iI 4R; \� tl3tl4 � l3nbtl'J•! a \ ' , = • /.. /./. 111 •'\. 1- // a 3I" _,--t:'1/:-:11-77/ • of It. ,' - / 1 . ' -sll I la 44 Jj! 6. h I ! Ad jy g 51 r r..avcaR�� i 5 it I - 1 NI- i • w WE. IH TO 9i SH xAo.5 OD 042 , L wo Q - r i • N4 5 E -1 88_ ' _ E 6 Y i 1 a Y g j S % 0) d J , B • t i i LL � i • • f `- J j I �i J LL ld O i 1 i I- i a E BB R 1 Y to 2/i 11 r- z i i m i �i o tg p / I . :&s I. • l p7 [i ll I I , L , H .. , � V ..,.�..,,....,,� r s ! cc m y e my \ \ \ • /lI W .i yy 0 - / / /m — i ii, .a C gg ..,.n � s i .. • RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A LIVESTOCK TRAILER WASH FACILITY IN THE AGRICULTURAL ZONE DISTRICT - B.L. VENTURES , INCORPORATED 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 21st day of February, 1990, at the hour of 10: 00 a.m. in the Chambers of the Board for the purpose of hearing the application of B.L. Ventures, Incorporated, 4101 West Service Road, Evans, Colorado 80620 , for a Site Specific Development Plan and Special Review Permit for a livestock trailer wash facility in the Agricultural Zone District on the following described real estate, to-wit: Part of the SWI of Section 1, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Ken Lind, Attorney, and WHEREAS, Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies, Environmental Quality and Natural Resource Goals and Policies, and Agricultural Goals and Policies. The Weld County Comprehensive Plan' s 7160 7g 900179 Page 2 RE: USR - B.L. VENTURES, INCORPORATED Urban Growth Boundary Goals encourage the maintenance of Urban Growth Boundary Areas that provide an official definition between future urban and agricultural land uses. The City of Greeley Planning Commission recommended no objection to this proposal in a meeting on December 12 . The vote on the motion recommending no objection was 2 for and 2 against, and the Greeley Planning Commission has indicated it is not forwarding a recommendation of denial. In addition, the agricultural policies of the Weld County Comprehensive Plan encourage the location of agricultural businesses and industries in areas that minimize the removal of prime agricultural land from production. The location of the Special Review Permit site and the attached Conditions and Development Standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the Agricultural Zone District and, as an agricultural service establishment, is provided for as a Use by Special Review. c . The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 263 (East 8th Street) , oil and gas production, Greeley-Weld County Airport, agricultural production, Highway Department offices, the Weld County Humane Society, river bottom, and natural grasses. Conditions of approval and Development Standards will ensure compatibility with these uses. d. The Special Review Permit site is located in the Airport Overlay District. A portion of the site is located in the 100 year floodplain. Special Review Permit Development Standards address the overlay district requirements. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 900179 Page 3 RE: USR - B.L. VENTURES, INCORPORATED NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a livestock trailer wash facility in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners . 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be -recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to operation of the facility: a. An Odor Abatement and Response Plan shall be -submitted to, and approved by, the Weld County Health Department. b. A Dust Abatement Plan shall be submitted to, and approved by, the Weld County Health Department. c. A Recorded Exemption application shall be submitted to, and approved by, the Department of Planning Services' staff or Board of County Commissioners. d. An access permit shall be obtained from the State of Colorado, Division of Highways. 4 . Prior to scheduling the hearing with the Board of County Commissioners: a. The applicant shall submit additional , required information regarding storm water drainage to the Weld County Engineering Department for review and approval. 3 . Prior to recording: a. The Special Review Permit plat shall be amended to show a total of 75 feet right-of-way reserved from 900179 Page 4 RE: USR - B.L. VENTURES, INCORPORATED the centerline on the south side of Highway 263 (East 8th Street) . b. The applicant shall submit to the Department of Planning Services a Landscaping Plan which has been _reviewed and accepted by the Division of Wildlife. c. The applicant shall submit evidence to the Department of Planning Services that the concerns of the Ogilvy Ditch Company have been mitigated. d . The Special Review plat shall be amended to show fencing and landscaping on the site. a. The applicant shall develop and post performance guarantees to handle closure of the livestock trailer wash. The County Engineer, 1Reld County Health Department, and Department of Planning Services shall review and approve the items listed and cost estimates. The County Attorney' s office -shall approve the form of the performance guarantees . 6 . Prior to any utility work in the Highway right-of-way, a utility permit shall be obtained from the Department of Highways. The above and foregoing Resolution waa, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D. , 1990 . //'�� C-,�{/- �, Ar) � • BOARD OF COUNTY COMMISSIONERS ATTEST: (L44 ;-Al"^"t&O WEL COUNTY, COLORADO Weld County glerk and Recorder and Clerk to the Board Gene R. rantner, Chairman BY: ' �Lll��1��_ e �� .�v' Georgdy. beputy County Clerk 42 p APPROVED AS TO FORM: Constance L. Har ert C.W. Ki by o li County Attorney L/ Gordo .z La 9O0179 DEVELOPMENT STANDARDS A.L. VENTURES USR-899 1 . The Site Specific Development Plan and Special Review Permit is for a livestock trailer wash facility in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 1?he livestock trailer wash facility operation shall not exceed an average of 20 trucks per day nor more than 60 trucks in any consecutive three day period. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 2-4, C.R.S. , as amended. 3. The applicant shall remove, handle, and stockpile manure from the holding 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. No dead animals shall be unloaded at the facility at any time. The -manure waste shall be removed from the site at least every three flays. No manure shall be stored on the site for longer than three consecutive days. Segregation of the stored solids will be maintained to ensure this storage requirement. 4 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5 . .No permanent disposal of wastes shall be permitted at this site. 6 . The septic system(s) for the proposed office shall be designed by a Colorado Registered professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 7 . Fugitive dust shall be confined on this site. 8 . The maximum permissible noise level shall not exceed the industrial limit of SO db (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 900179 Page 2 DEVELOPMENT STANDARDS - B.L. VENTURES, INCORPORATED 9 . The Odor Abatement and Response Plan, approved by the Weld County Health Department, shall be implemented at the request of the Health Department in the event that odor levels detected off site of the facility meet or exceed the residential odor limit as specified by the Colorado Revised Statutes. The plan shall also be implemented in the event that the Weld County Health Department receives a significant number of odor complaints and, in the judgment of the Director of Public Health, there exists an odor condition xequiring abatement. _In the event that the existing aeration tank system is not consistently controlling odors, the applicant shall install additional tanks to increase the capability of the facility to control odors. 10 . The facility shall have sufficient equipment on hand or available to the onsite -manager, so dust abatement can be implemented at any time that dust is raised in sufficient quantity -as to be observed leaving the property. The Dust Abatement Plan shall be maintained on the property. 11. A manager responsible for operation of the facility shall be onsite at all times that the facility is open to wash trucks. 12 . The wash bay shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. 13 . The facility shall .be used exclusively for the washing of livestock trailers. Tractors shall not be washed at the facility. 14 . Adequate auxiliary electric power shall be available to the site in the -event of a prolonged power outage. 15 . An insect and/or rodent control program shall be instituted if insect/rodent populations increase beyond background levels. 1b . All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 17 . A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc. , will be -maintained. 900179 Page 3 DEVELOPMENT STANDARDS - B.L. VENTURES, INCORPORATED 18 . The incoming BOD to the settling pond shall be monitored on a weekly basis for a one-month period following commencement of operations . The results of the weekly tests shall be submitted to the Weld County Health Department and the Colorado Department of Health. Increase in diffuser and oxygen capacity shall be implemented as necessary. 19 . All joints in the wash bays, the settling pond, and the manure pad shall be waterproofed. 20 . All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free from solids and liquids during this inspection. Repairs shall be made immediately and all repairs shall be reported to 14eld County and Colorado Health Departments. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and Colorado Health Departments for review and approval. 21 . The portions of the site not used for structures or roads shall be seeded. 22 . No process water shall enter the stormwater detention pond. The stormwater drainage plan, as approved by the Weld County Engineering Department, shall be maintained on the property. 23 . All trafficked areas within the facility shall be gravelled. No traffic will be allowed outside these areas. 24 . -The entire facility -shall be fenced and locked _luring non-operating hours. The fencing shall consist of three strands of barbed wire, as recommended by the Colorado Division of Wildlife. The design shall include: a minimum 16 inch height from the ground to the first strand to allow passage of fawns under the fence; ten inch separation between the three strands to create adequate fence height for managing cattle; a smooth top wire to allow hung up deer to free themselves with less injury; twist stays to decrease the possibility of deer becoming twisted in the top two wires and to create a rigid fence that is easier to twist out of. 23 . Upon closure of the facility, all wastes shall be removed and/or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendations of the -soil conservation service. 9D01T9 Page 4 DEVELOPMENT STANDARDS - B.L. VENTURES, INCORPORATED 26 . The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District and the Weld County Airport Overlay District requirements. 27 . The Special Review Permit activity shall be maintained in compliance with the requirement-s of the Oil and Gas Conservation Commission. 28 . The Special Review Permit activity and site shall be maintained in compliance with the requirements of the Department of the Army, Corps of Engineers. 29 . All construction on the -property shall be in accordance with the requirements of the Weld County -Building Code Ordinance. 30 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 31 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 32. Personnel from the Weld County Health Department, Colorado Department of Health, and I4eld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development _Standards stated herein and all applicable Weld County Regulations. 33. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the 3?ermit 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. 34 . 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. 900179 HEARING CERTIFICATION DOCKET NO. 90-4 RE: SITE SPECIFIC DEVELOPMENT PLAN, C-ERTIFICATE OF DESIGNATION, AND SPECIAL REVIEW PERMIT FOR A LIVESTOCK TRAILER WASH -FACILITY IN THE AGRICULTURAL ZONE DISTRICT - -B.L. VENTURES, INCORPORATED A public hearing -was conducted on _February 21, 1590, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, ChalLman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. -Lacy Also _present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. 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 ,January 31, 1990, and duly published February 8, 1990, in The New News, a public hearing was conducted to consider the request of B.L. Ventures, Incorporated for a Site Specific Development Plan, C-ertificate of Designation, and Special Review Permit for a livestock trailer wash facility in the Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, representing the Planning Department, read the favorable recommendation of the Planning Commission concerning the Special Review Permit into the record. She noted that 34 Development Standards are proposed for this operation, and that there is also a favorable recommendation from the Planning Commission concerning the Certificate of Designation. Ken Lind, Attorney, came forward to represent the applicant. He said, based upon a letter from the State Department of Health, the applicant would -request that Development Standard #1 be changed to allow an average of 20 trucks per day, with -60 in a three may period. Mr. Lind noted that the State had no objection to a 24-hour-per-day operation, but the applicant will comply with the hours stated in the application. Cecil Crowe, of Alpha Engineering, came forward to explain the design of the truck wash facility, after which Mr. Lind reviewed some of the requirements in the Development Standards and stated the applicant has no objections to the Development Standards, other than the requested amendment. Tom Templeman, of the Department of Highways, came forward to express concerns about health and traffic problems arising from the projected relocation of over 60 employees to this -area within the next live years. Commissioner Lacy noted that the Development Standards provide that this facility must meet the residential odor standard. Bill Roth, representing DPC Bird Farm, expressed objections and noted that concrete pads, etc. , will crack when placed over the gravel at this location. In closing comments, Mr. Lind noted that proposed Development Standard #20 requires quarterly monitoring of concrete for cracks. Commissioner Lacy -moved to amend Development Standard #1 to allow an average of 20 trucks -per day, and 60 trucks in any -consecutive three-day period. Commissioner Kirby seconded the motion. Ms. Curry and Wes potter, Health Department representative, said their departments would have no objection to this amendment. The motion carried unanimously. Commissioner _Lacy moved to approve the Special Review Permit, subject to the Conditions and Development Standards proposed by the Planning Commission, as amended. Commissioner Kirby seconded the motion, and it carried unanimously. (Tape change #90-10) Commissioner Lacy moved to approve a Certificate of Designation for B.L. Ventures, Incorporated, subject to the Condition recommended by the Planning Commission. The motion, seconded by Commissioner Harbert, carried unanimously. 900179 7),COi79 1, 1 Page 2 RE: USR & CERTIFICATE OF DESIGNATION - B.L. VENTURES, INC. This Certification was approved on -the 26th slay of February, 1990. APPROVED: r-talAt" BOARD F COUNTY COMMISSIONERS ATTEST: WEL NTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene . Brantne , Chairman i' By: puty County Cler eorge l.enneay, rro onstance L. HarberC � C.W. Kirby , Gor acy TAPE #90-9 & #90-10 DOCKET #90-4 PL0674 900179 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending . TODAY' S HEARINGS ARE AS FOLLOWS: -FEBRUARY 21, 1990 DOCKET # 90-4 USR-LIVESTOCK TRAILER WASH FACILITY IN THE AGRICULTURAL ZONE DISTRICT - B.L. VENTURES, INCORPORATED DOCKET # 89-59 USR-TURKEY BROODING FACILITY (150,000 TURKEYS) IN THE AGRICULTURAL ZONE DISTRICT - LONGMONT FOODS (RESCHEDULED FROM JANUARY 10, 1990) DOCKET # NAME ADDRESS HEAPING ATTENDING li_0or._ 674 /99a.. &e,2 93 ( .hat atoPe6ys m0 '-- 4 ot,)....tz dlc ,, 199'2 3 Lv C le Y i iA 5,4 /A . CG J � ..7 o,1 f -fi t.d t T c.".t ..,,L, v-u6- ---,e.nn cdc/2/ L6 Sfife de., id a n vyt ti. ��'.rz 5 al ztheu 43 ,,/1.f3 On J _Li ! 75 LPAUhu.,t4 4M,1, 2/3 4 1t Y,QC ( ,-Q r.,Te b -9-ti.22/ 06(4— v\� Y 16.�l1l(-) JG llurcc' tail ,-(;(�Jl`'/7) (fr . .2)-7c Le1 O'G14 / ��4,A IVY 41 1 o36 2'NB VVi1L��4 GY - $ I r/�jrc /-� 1 ii'9 2 L C x 4 3 - u-g � / R9 - 6-7 Sn4,1 Z 6-vv. 11"-)1 (rantic 0f, i = L0-vt( M a gq—S`; 4/ 9053 w.G e 3 q P_O u7C4 c'l -ate //7)/0 &-(N j 1u(& C.Tyti .iicf ‘ i zlid ,(1---X--1 9c0179 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on February 21, 1990, conditionally approved a Site Specific Development Plan, a Certificate of Designation and a Special Reveiw Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: B.L. Ventures, Incorporated 4101 Nest Service Road Evans, Colorado 80620 LEGAL DESCRIPTION: Part of the SW} of Section 1, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Livestock trailer wash facility in the Agricultural Zone District SIZE OF PARCEL: 8 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: March 1, 1990, in The New News th O179 Zne!CNo Cc Labial alty to ief p¢PUPP vested eorof�tgopee }hroec g$. .,as amended. �'� fiAThr"CANr. B. qq%.P vmauw. /... rest} nc«Per'a "caoradoB°`90$°` ` the ga�ttrai eaarpt�d Ni�pp,, ' 66mW.e T tha BLL P�.yMp.�'W lrfl OF ROy6TD• 71t LNtbek mmiv�e T }:PCfmk coodjliaoa� r hF u r I _. -� PrePHtY -- a the v la a forfeiture yp� BO F UNTY 900179 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 90-4 B.L. Ventures, Incorporated 4101 West Service Road Evans, Colorado 80620 DATE: February 21, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan, Certificate of Designation, and Special Review Permit - Livestock trailer wash facility in the Agricultural Zone District LEGAL DESCRIPTION: Part of the SW} of Section 1, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) between Weld County Road 47 and Weld County Road 49 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: January 31, 1990 PUBLISHED: February 8, 1990, in The New News scorn Ex lub41+-v a o .... it Ile ZVI! be • lanis el the d Comb .. _. Curb GAMY i I i ' • 9 7710th Shast 7 Ceotg time Fun and Review s - �uesud to attend Permit are appitcinta the a"wilwM b to iadi the aria he �tt ��dyarhtg the Pthe ita Clerk g wMu6 such at legal_ days BE TTBY&LLSOreiSNO i the the text Weld wh'�and �Flaemddng Ybem� �located �^ng Irmrsonem ld Canty Centennial.Center, lath Street, Third Floor, reeler C04 oat NO.90.1' - - APPLICANT: B. L. Ventures, Colorado West Service _ z5 / i l : I-«--� .... • 00A.hf A.M 21,1990 DRFOee .et 0 gi ecf •. , Dpeee�srmignation and Review ucWty kiln Agricultural wZr:Pe 1,rGAL DFJCBIFTION: _DELI . f fNhe gW1/4 of ge4Lon 1 T�tn 0 .. ... mite l We:c d the Bth _... / r wdNof the DoE G 1.0•e.�, ; 'south d rei(Fast Thai: Z 1 Windt Weld W I it CO pRa�d .. , T By COUNTY MA NN I�BSIE COUNTY ANDUN `�\ ^ 1 A:01-11..._ R6a lillER AND -T9 li. W1 BY:anSnbaeryBY81,IMF�aLY 1 to 7La Now News Fatten a, LI 900179 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Lorita Seidler of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general links � circulation and printed and published in the City of Pursued liklikelising Cowtyioningl L..►t ele �reidma bets Greeley, in said county and state; that the notice or of the Soap of Co hewed be BOW M me Chamber ymyoomm915nanorwebearsty;Dolr.aGo.w.0 advertisement, of which the annexed is a true copy, has ColoortadCentennial at the time specified.Ali pe�nsrin9any manner interested in been published in said daily newspaper for consecutive the Site Specific Development Plan and Special Review.Permit are i tWreelddo asap be hoard. (days) (9200:9E;r; that the notice was published in the Should the applicant or any interested petty desire the presence al• curt reporter to make a record of the proceed?,In addition to the regular and entire issue of every number of said taped record which will be kept during the hearing,the Clark to me newspaper during the period and time of publication of Board's Office ehµ be advised In writing of such action at lent INa days prior to the hew$la The most of engaging a court reporter shall be borne said notice, and in the newspaper proper and not in a by the requesting party. BE IT ALSO KNOWN that the ten and maps so certified by the Wald supplement thereof; that the first publication of said County Planning Commission may be examined In the office of the Clerk to the Board of County Commisslonera, located in the-weld County notice was contained in the issue of said newspaper Centennial Center,915.1ah Street,Third Floor,Greeley,Colorado. bearing date DOCKET NO.90-4 APPLICANT Ninth B.L.Ventura,Incorporated 4101 West Service-Road Evens,Colorado 80620 DATE:February 21,1990 February 90 • TIMEaod))A.M, day of A.D. 19� REQUEST: Site Specific Development Plan, Certificate of and the last publication thereof; in the issue of said Designation,and Speen Review Permit-Livatodc train wash facility in the Agricultural Zone Dlealct newspaper bearing date the LEGAL DESCRIPTION:Pan of the SW1/4 of Section 1.Tamenp 5 Ninth North,Range 65 West of the Sth P.M.,Weld County.Colorado LOCATION:Approximately.1.5 miles east of the City of Greeley; south of Highway 253(Eat eth Street)between Weld County Reed 47 y0 and Weld CounyRaod 49 day of February A.D. 19 'BOARD OF COUNTY COMMISSIONERS that said The Greeley Daily Tribune and The Greeley WELD COUNTY,-COLORADO BV:MARY ANNFEIERSTEW Republican, has been published continuously and COUNTY CLERK AND RECORDER iNDcoas THE BOARD uninterruptedly during the period of at least six The Greeley itian,. IV 0e MMs,Deputy months next prior to the first issue thereof contained February 9,Ill I, said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 9, 1990 Total Charge: $25.60 r � 2p.si dvertising Clerk Subscribed and sworn to before me this 9th day of February A.D. 1990 My commission expires 7' 2 7,4 v }")1-t- r Notazy Public 900199 DATE: January 31 , 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 21st day of February, 1990 , at 10 : 00 A.M. Docket No. 90-4 - Site Specific Development Plan, Certificate of Designation, and Special Review Permit for a livestock trailer wash facility in the Agricultural Zone District - B.L. Ventures, Incorporated OFFICE OF THE CLERK TO THE BOARD BY: aLa5_1 •. Q 01JDeputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WEL UNTY, COLORADO si,er900179 ri4411.1 oti\tr tikr _ DEPARTMENT OF PLANNING SERVICES ``.., C, PHONE(303)356-4000,EXT.4400 �"" 915 10th STREET ) � GREELEY,COLORADO 80631 wiipe COLORADO March 16, 1990 Mr. Kenneth F. Lind Attorney at Law Lind, Lawrence & Ottenhoff loll Eleventh Avenue P. 0. Box 326 Greeley, CO 80632 "Dear Mr. Lind: Thank you for your letter of March 9. The Department of Planning Services' staff has considered your proposal to operate the B.L. Ventures Livestock Trailer Wash on a 24 hour basis and has determined the extension of hours would be considered a major change from the application submitted and would require an amendment to the Special Review permit. This determination confirms our discussion of February 21, immediately prior to the Board of County Commissioners hearing on this case. The Livestock Trailer Wash Facility will be limited to the application as submitted, conditions of approval, and development standards as approved. If you have any questions, please call me. • Sincerely yours, ctia,n,44 ect/vv___ Lanell J. Curry Current Planner LJC:dn 9C0179 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE R O.BOX 326 GREELEY.COLORADO 80632 TELEPHONE GEORGE II OTTENHOFF (303)3532323 KENNETH E.LIND (303)356-9160 KIM R.LAWRENCE TELECOPIER (303)3561111 March 9, 1990 Department of Planning Services 915 Tenth Street �i5� t1iy1� ` Greeley, CO 80631 Attention: Lanell Curry 1. MAR 1 ? 1990 1 Re: B.L. Ventures (USR-899) Iwo Cu. )I)1il l 1 ..R3)rr3a�GauP Dear Ms . Curry: On February 12 , 1990 Glen Mallory mailed a letter to you concerning the above referenced USR. That February 12 , 1990 letter indicated that the State had no objection to operations on a 24 hour , 7 day per week schedule and the State was still recommending approval of the project. The initial application for this USR indicated that the operating hours would be between 7 :00 a.m. and 6 : 00 p .m. and the applicant has determined that better utilization of the facility can be made by operating on a 24 hour basis which was the reason Mr . Lamb contacted the State Department of Health to receive approval for 24 hour operations . At the time this was considered by the Board of County Commissioners on February 21 , 1990 we did not address the hours of operation as it was determined that night operation would require lighting and the Airport Authority had not reviewed any lighting plans . Mr . Lamb recently met with Fred Yeager who is the airport manager and Mr . Yeager indicated that he had no objection to a 24 hour operation with proper lighting. Mr. Lamb is in the process of delivering to Mr . Yeager a lighting plan which will then be reviewed by the FAA and, we presume, that the lighting plan will be approved. As. I had previously indicated in this letter , the State Department of Health has approved the 24 hour operation . I note that neither the Conditions of Approval nor Development Standards have any type of restriction as to operating times . In light of the approval from the State Health Department and the approval which will be received from the FAA and Airport Authority , I would suggest that the 24 hour per day operation is a minor change and can be approved by staff . I would request that you 900179 Department of Planning Services March 9, 1990 Page 2 review this letter and request for considering the operating hours as a minor change -and view it in light of the fact that operating hours are -not part of the -DevelopmentStandards as a basis for considering th-e same as a minor change . Should you have any questions, please contact the undersigned. Very truly yours , LIND, 11ENENC OTTENHOFF Kenne h F nd KFL/cg pc: -Bill Lamb 900179 • JAI .0 • ciT1 (/) /0 4 •yam ,� \ x 0 l'•... \ -r I F il W Q Pt a> :lels �� r 44 1 fc ID at:CC ?el w. � � . • ss... Li i cu ? a W W(� =� , �rI 01 -N �)1��i 3 SLL t ��Ynn. .� •• —, ,rte a � Y`y4♦ • iL. 1 . ` .;�Q '+ W ) h; .. . • I. i ...:fff la • 1 ea .•' • ®� r• s ► • ERIC, •1' laI y /�1, 4 •\111. ,[� �! �' I O ,'t • 1) ( . . :>r�' 1" "'" y. 14 ay. STATE OF COLORADO • r r COLORADO DEPARTMENT OF HEALTH rair;g9Q (�• 4210last 11th Avenue Telefax. F (3 0 31 32 2-9 076)Main Building/Denver) k O Denver, Colorado 80220-3716 )303J 320-O529)Pte rrn igan Place/Denver) c , * Phone (303) 320-8333 +� (303)248-7198(Grand)unction Regional Office) lays Roy Romer Governor February 12, 1990 Thomas M. Vernon, M.D- Executive Director Ms. Lanell Curry 915 10th Street P.O. Box 459 Greeley, Colorado 80631 12e: Eight Street Trailer Washout, Inc. Dear Ms. Curry: Bill Lamb, owner of the proposed trailer washout facility expressed concern in a February 8, 1990 telephone conversation regarding lack of comments in a previous letter from the Division. It is my understanding that the -proposed facility may operate on a 24 hour, 7 day per week schedule. The number of employees would vary to accomodate such a schedule. The extended operation schedule and the number of employees does not change the Division's letter recommending approval of this project. If you have questions concerning this matter I may be reached at 331-4859. Sincerely, 7 enn F. Mallory Geologist Solid Waste & Incident Man ment Section Hazardous Materials & Waste Maria-gement Division GFM/jw/6121K cc: Solid waste file Bill Lamb I: FEB 2 0 1990 #eId Ca.-$aaawa xr>ic /�/ S . i \\ a W A WS-WS S -�r GREELEY/WELD February 13, 1990 The Weld County Commissioners P.D. Box 758 Greeley, CO 80632 Honorable Commissioners, This letter is in reference to the request which will be before you onfebruary2l for approval fora special use permit by William Lamb. -Mr. Lambseeks your approval for a permit-to operate a livestock trailer washout facility. Our office has been working with Mr. Lamb forsome-time and I've had an opportunity to review the plans and the proposed location for the proposed facility. In my opinion, both the proposed location and the facility are logical and well planned. There is definitely a need-for this agri-business serving truckers transporting livestock in and out of the area. Obviously,-the livestock business is a very significant part of our county's agricultural based economy, and-his type of service is needed. The design ofthe facility seems-to me to meet any reasonable standards, and the proposed location makes sense based on other nearby uses. I urge you toad favorably on the approval of Mr.lamb's request for a special use permitand allow him to proceed promptly with the development of his facility. Respectfully, Ames M. Kadlecek (,R[[i h yvn i) i“).(vw( i)NriO,, u.N N.O. Box c, 900179 vo oY:Cor>redu SUI STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Q� oa 4210 East 11th Avenue Telefax. y �,�p, Denver, Colorado 80220-3716 (303)322-9m5(Main-Building/Denver) Phone (303) 320-8333 1303)320-1529(Ptarmigan Place/Denver) t t r .a,� (303)248-7198(Grand Junction Regional Office) ♦29 76+ M • Roy Romer Governor February 1, 1990 Thomas M.Vernon, M.D. Executive Director Ms. Lanell Curry 915 10th Street P.O. J3ox 459 Creel-ey, Colorado 80631 Re: -Eighth Str-eet Trailer Washout, -Inc. Dear Ms. Curry: The Dvivision -has received information on the Eighth Street -Trailers washout dat-ed January 24, 1990 that modifys the initial -proposed as follows: a) . The facility -will serve an average of approximately 20 trailers per day as opposed to six to ten as originally proposed. b) . The facility will employ 2 to 3 rather than -2 to 5 persons. The Division recommends approved of these changes to the original application. If you -have any questions please call me at 331-4859 . Sincerely, I n r. fMallory ndustrial Hygienis Hazardous Materials Wa to Management Division GFM/cg/6041K cc: file Bill Lamb 1.1 ill FF R ' 19cn J IMO Cu- t aii7YJtl( ,ohils,.0,,,u 900179 _ Tit ;z ,- 1.. STATE OF COLORADO • DIVISION OF HIGHWAYS �EHT`O yW P.O 33ox50 Greeley, Colorado 8063?-0850 r (303) 353-1232 - - ,"„ _AS February 1, 1990 Weld Co. , SH 263 B.Z. Ventures, Inc. DOH File 45100 Mr. Keith Schuett, Planner Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: On January 25, 1990, Mr. Bill Lamb, the developer of the B.L. Ventures, Inc. , a proposed truck washout on State Highway 263, visited my office. During his visit, Mr. Lamb requested that we reevaluate the need for speed -change lanes to _serve the facility based on20 vehicle visits per day. The original review comments were based on ten vehicles per day visiting the site. Our analysis, based on 20 vehicles per day visiting the site, indicates no need for speed change lanes. Mr. Lamb requested that the results of the reevaluation be submitted to your office, with a copy to his attorney, Mr. Kenneth Lind of Lind, Lawrence & Ottenhoff. Please contact me -at 350-2163 if you have any questions. Very truly yours, DOUGLAS D. HANES DISTRICT ENGINEER O1:2 Evan A. Hooper, Jr. Development/Access Coordinator EAH:smw cc: Kenneth Lind L.D. Yost File: Hooper via Crier jp15 15L7r 111\ 4rI11 FEB2 1990 1 j /J 960179 /2 ,% ///%3, // STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH ��°F �� 4210 East 11th Avenue Telefax: ;fie Qp Denver, Colorado 80220-3716 (3031322-9076(Main Building/Denver( Phone (303) 320-8333 (303)320-1529(Ptarmigan Place/Denver) (503)248-7198(Grand Junction Regional Office) /896 ' Roy Romer Governor January 23 , 1990 Thomas M. Vernon, M-D. Executive Director Ms. Lanell J. Curry Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: B.L. Ventures Dear Ms. Curry: Your letter of January 16, 1990 references recommendations 6 and 10 on my letter concerning the B_L. Ventures Truckwazh. Please delete these paragraphs as they were carried over, in error, from the Kersey site letter. I understand that North Weld County Water District water will be used on the site and a make-up well is not required. I apologize for any confusion that -may have occurred. Sincerely, , '76r--eicr '--(-; lenn F. Mallory ' Industrial Hygienist Hazardous Materials and Waste Management Division cc: Bill Lamb B.L. Ventures IDPILP--1"; 11:101ijr 1-1 Al'i 2 6 99y10 Ntild C6. ffrtrr,unt ,elrxaf „rei 900179 / Txr//H/l Ly Summary of the Weld County Planning Commission Meeting January 23, 1990 Page 4 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - no; Jhdy Yamaguchi - no; Ann Garrison - yes; Bud Ralldorson - yes; Bud Clemons - Yes, because this is not prime agricultural lend. Senate Bill 35 was passed to prevent prime land from being taken -out of production. This should improved the area rather than detract from it. Jerry Kiefer - yes; Ernie Ross - yes. Motion carried with five voting for the motion and two voting against the motion. CASE NUMBER: USR-899 APPLICANT: B.L. Ventures, Incorporated, c/o_Ken Lind REQUEST: A Site Specific Development Plan, Certificate of Designation, and a Special Review permit for a livestock trailer wash facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW* of Section 1, T5N, R65W of the 5th P.M. , held County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East $th Street) , between Weld County Roads 47 and 49. APPEARANCE: Ken Lind, Attorney, represented the applicants. This request is for a livestock trailer washout facility. The request has been approved by the State under the Solid -Waste Disposal Regulations. Only the land north of the Ogilvey Ditch, which is the washout facility area, will be fenced. This property is a parcel of -wasteland that will be termed into a profitable venture. They have reviewed the staff recommendations and are taking exception to Development Standard 25. They would prefer following the recommendations of the soil conservation -district rather than returning the land to the original contours. Judy Schmidt, Weld County Environment Health Services, stated the applicant is required to keep a daily log of all activity. Also, the Health Department has set strict standards -for odor. Cecil Crow, Alpha Engineering, reported the capacity of -this facility is engineered for approximately ten trucks per day. This is a contained system so there is no danger of environmental contamination. Tape 367 - Side 2 Bill Lamb, applicant, stated he will be on-site from 7:00 a.m. to 6:00 p.m. each day. He will make sure that no tractors are washed at this facility. Summary of ehe Weld County Planning Commission Meeting January 23, 1990 Page 5 The Chairman called for discussion from the members of the audience. Val Center, owns property immediately south of this proposed facility. This is land which they are trying to develop into prime wildlife and hunting facilities. He is _concerned the noise form the trucks and other environmental impacts of the truck washout facility. will have a negative impact on everything from the nesting to the hunting. Bill Roth, adjacent property owner, is against this request because of the existing nature of the area. AMENDMENT: Bud Halldorson moved Development Standard #1 be amended to read as follows: 1. The Site Specific Development Plan and Special Review permit is for a livestock trailer wash facility 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. The livestock trailer wash facility operation shall not exceed an average of 10 trucks -per day nor more than 30 trucks in any consecutive three day period. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The _Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Judy Yamaguchi - yes; Ann Garrison - yes; Bud Halldorson - yes; Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. AMENDMENT: Ann Garrison moved Development Standard #25 be amended to read as follows. 25. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendations of the soil conservation service. Motion seconded by Jerry Kiefer. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 900179 Summary of the Weld County Planning Commission Meeting January 23, 1990 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Judy Yamaguchi — yes; Ann Garrison - yes; Bud Halldorson - yes; Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. Lanell Curry informed the Planning Commission that action on the Special Review Permit was deeded first. Then action would need to be taken on the Certificate of Designation. The Chairman -asked Lanell Curry to read the recommendation prepared any the Department of Planning Services' staff into the record. NOTICE: 3:12 p.m. - Bud Halldorson has left the -meeting. MOTION: Jerry Kiefer moved Case Number USR-899 for B.L. Ventures, Inc. , for a Site Specific Development Plan and a Special Review permit for a livestock trailer wash facility in the Agricultural zone district be forwarded to the Board of County Comeissioners with the Planning Commission's recommendation for approval based upon the recommendation -and conditions presented by the Department of Planning Services' staff, the Development Standards prepared by the staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Judy Yamaguchi. The Chairman called for discussion from the members of the Planning Commission. tiscussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Judy Yamaguchi - yes; Ann Garrison - No, because she does not feel that the current proposal has enough safeguards built into it for the people traveling on East 8th Street without a lane for the trucks to accelerate and decelerate. Eventually somebody is going to be hurt here. She feels the proposal is mood, the facility is -needed, but she doesn't feel the well being of the people in Weld County have been looked after. Bud _Clemons - no; Jerry Kiefer — yes; Ernie Ross - yes. Motion carried with four voting -for and two voting against the motions. NOTICE: 3:25 p.m. - Bud Clemons has left the meeting. 900179 Summary of the Weld County Planning Commission Meeting January 23, 1990 Page 7 MOTION: Jerry Kiefer moved the request of B.L. Ventures, Inc. , for a Certificate of Designation for a livestock washout facility be forwarded to the Board of County Commissioners with the -Planning Commission's recommendation for approval based upon the recommendation of the Department of _Planning Services -staff and the testimony -heard by the _Planning Commission. Motion seconded by LeAnn Reid. The Chairman _called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Judy Yamaguchi - yes; -Ann Garrison - no; Jerry Kiefer - yes; -Ernie Ross - pits. Motion carried with four voting for -and one voting against the motions. CASE NUMBER: USR-904 APPLICANT: Liquid Waste Management, Incorporated, and Marie Louise Gollner REQUEST: A site -Specific -Development _Plan, Certificate of Designation, and a Special Review permit for _land application of commercial sludge. LEGAL DESCRIPTION: Ni and NI SE} of Section 17, T411, -R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 42 and east of -and adjacent to -Weld County Road 19. The _Chairman called a -break at 3:29. Meeting -was reconvened at 3:35. APPEARANCE: Roger Bohannan, Liquid Waste Management, Inc. , stated -the sludge -will be from the industrial plant only at Coors to-Tech and will not contain any domestic sewage. He has reviewed the recommendation -0f the Department of Planning Services staff and is not _in agreement nth Development Standards #7. Because of the nature of the sludge, 3t is not possible to work it into the soil immedi-ately, but it will be worked into the soil _3 to 4 hours after surface application. The Chairman called for discussion from the members of the audience. There was none. Judy Schmidt reported the Health Department does -not -have -a problem with a four hour delay. 900119 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: NAME: B. L. Ventures, Incorporated ADDRESS: 4101 West Service Road, Evans, CO 80620 REQUEST: Certificate of Designation LEGAL DESCRIPTION: _Part of the SWI Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Roads -47 and 49. SIZE OF PARCEL: 8 acres, more or less be recommended favorably to the Board of County Commissioners for the following reasons: 1. The conditions for approval and stated standards included in USR-899 will minimize th-e impacts on the surrounding property and the area to the greatest extent possible. The conditions for approval and stated standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the livestock trailer wash facility will be convenient and accessible to the potential users. 3. The applicant has demonstrated in the application materials that there is a need for the proposed livestock trailer wash facility. 4. The applicant has demonstrated through the application materials that they have the ability to comply with the health standards and operating procedures of the Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, C.R.S. , 1973. 5. The Colorado Department of Health and the Weld County Health Department have reviewed this request and find, subject to conditions, that the proposal will comply with the standards _of the Solid Waste Disposal Sites and Facilities Act, Title 30-20-100, et seq. C.R.S. 1973, as amended and with the regulations promulgated -thereunder, 6 CCR 1007-2, known as the Regulations -Pertaining to Solid Waste Disposal Sites and Facilities. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities. 900179 ax bA:4- Certificate of Designation B. S.. Ventures, Incorporated Rage 2 The Department of Planning Commission's recommendation for approval is conditional upon the following: The property shall -be maintained in compliance with SJSR-899, all submitted application materials on file with the Department srf Planning Services, and all requirements of the Weld County Health Department and the Colorado Department of Health. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage LeAnn Reid Ann Garrison Judy Yamaguchi Bud Clemons Jerry Kiefer Ernie Ross 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 January 23, 1990, and _recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 24thh day of January, 1990. Bobbie Good Secretary 900179 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it -Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-899 NAME: B.L. Ventures, Incorporated ADDRESS: 4101 West Service Road, Evans, CO 80620 REQUEST: A Site Specific Development Plan, Certificate of Designation, and Special Review permit for a livestock trailer wash facility in the Agricultural zone district LEGAL DESCRIPTION: Part of the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) between Weld County Road 47 and Weld County Road 49. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materi-als are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies, Environmental Quality and Natural Resource Goals and Policies, and Agricultural Goals and Policies. The Weld County Comprehensive Plan Urban Growth Boundary Goals encourage the maintenance of urban growth boundary areas that provide an official definition between future urban and agricultural land uses. The City of Greeley Planning Commission recommended no objection to this proposal in a meeting on December 12. The vote on the motion recommending no objection was 2 for and 2 against and the Greeley Planning Commission has indicated it is not forwarding a recommendation of denial. In addition, the agricultural policies of the Weld County Comprehensive Plan encourage the location of agricultural businesses and industries in areas that minimize the removal of prime agricultural land from production. The location of the special review permit site and the attached conditions and development standards will ensure consistency with the goals and policies of the Weld p County Comprehensive Plan. 903 79 D i'11�7 B.L. Ventures, Incorporated USR-899 Page 2 - The proposal is consistent with the intent of the Agricultural -zone district and, as an agricultural service establishment, is provided for as a use by special review. The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 263 (East 8th Street) , oil and gas production, Greeley-Weld County Airport, agricultural production, Highway Department offices, the Weld County Humane Society, river bottom, and natural grasses. Conditions of approval and development standards will ensure compatibility with these uses. The Special Review permit site is located in the Airport Overlay District. A portion of the site is located in the 100 year floodplein. Special Review permit development standards address the overlay district requirements. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the -neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 900179 B.L. Ventures, Incorporated USR-899 Page 3 3. Prior to operatian of the facility: an odor abatement and response plan shall be submitted to and approved by the Weld County Health Department; a dust abatement plan shall be submitted to and -approved by the Weld County Health Department; - a recorded Exemption application shall be submitted to and approved by the Department of Planning Services' staff or Board o₹ County Commissioners; - an access permit shall be obtained from the State of Colorado, Division of Highways. 4. Prior to scheduling the hearing with the Board of County Commissioners: the applicant shall submit additional, required information regarding storm water drainage to the Weld County Engineering _Department for review and approval. 5. Prior to recording: the Special Review permit plat shall be amended to show a total of 75 feet right-of-way reserved from the centerline on the south side of Highway 263 (East 8th Street) ; - the applicant shall submit to the Department of Planning Services a landscaping plan which has been reviewed and accepted by the Division of Wildlife; - the applicant shall submit evidence to the Department of Planning Services that the concerns of the Ogilvy Ditch Company have been mitigated; - the Special Review plat shall be amended to show fencing and landscaping on the site; and the applicant shall develop and post performance guarantees to handle closure of the livestock trailer wash. The County Engineer, Weld County Health Department, and Department of Planning Services shall review and approve the items listed and cost estimates. The County Attorney's office shall approve the form of the performance guarantees. 900179 B.L. Ventures, Incorporated USR-899 Page 4 6. Prior to any utility work in the Highway right-of-way, a utility permit shall be obtained from the Department of Highways. Motion seconded by Judy Yamaguchi. For Passage Against Passage LeAnn Reid Ann Garrison Judy Yamaguchi Bud Clemons Jerry Kiefer Ernie Ross 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 January 23, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 24th� day of January, 1990. ' Bobbie Good \ Secretary 9C01I9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS B.L. VENTURES I1SR-899 1. The Site Specific Development Plan and Special Review permit is for a livestock trailer wash facility 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. The livestock trailer wash facility operation shall not exceed an average of 10 trucks per day nor more than 30 trucks in any consecutive three day period. 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 holding 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. No dead animals shall be unloaded at the facility at any time. The manure waste shall be removed from the site at least every three days. No manure shall be stored on the site for longer than three consecutive days. Segregation of the stored solids will be maintained to ensure this storage requirement. 4. All liquid and -solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. The septic system(s) for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 9. The odor abatement and response plan, approved by the Weld County Health Department, shall be implemented at the request of the Health Department in the event that odor levels detected off site of the facility meet or exceed the residential odor limit as specified by the Colorado Revised Statutes. The plan shall also be implemented in the event that the Weld County Health Department receives a significant number of odor complaints and, in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. In the event that the existing aeration tank system is not consistently controlling odors, the applicant shall install additional tanks to increase the capability of the facility to control odors. 900179 B.L. Ventures, Incorporated USR-899 Page 2 10. The facility shall have sufficient equipment on hand or available to the onsite manager, so dust abatement can be implemented at any time that dust is raised in sufficient quantity as to be observed leaving the property. The dust abatement plan shall be maintained on the property. 11. A manager responsible for operation of the facility shall be onsite at all times that the facility is open to wash trucks. 12. The wash bay shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. 13. The facility shall be used exclusively for the washing of livestock trailers. Tractors shall not be washed at the facility. 14. Adequate auxiliary electric power shall be available to the site in the event of a prolonged power outage. 15. An insect and/or rodent control program shall be instituted if insect/rodent populations increase beyond background levels. 16. All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 17. A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc. , will be maintained. 18. The incoming BOD to the settling pond shall be monitored on a weekly basis for a one-month period following commencement of operations. The results of the weekly tests shall be submitted to the Weld County Health Department and the Colorado Department of Health. Increase in diffuser and oxygen capacity shall be implemented as necessary. 19. All joints in the wash bays, the settling pond, and the manure pad shall be waterproofed. 20. All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free from solids and liquids during this inspection. Repairs shall be made immediately and all repairs shall be reported to Weld County and Colorado Health Departments. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and Colorado Health Departments for review and approval. p sys®1 gy9 B.L. Ventures, Incorporated USR-899 Page 3 21. The portions of the site not used for structures or roads shall be seeded. 22. No process water shall enter the stormwater detention pond. The stormwater drainage plan, as approved by the Weld County Engineering Department, shall be maintained on the property. 23. All trafficked areas within the facility shall be gravelled. No traffic will be allowed outside these areas. 24. The entire facility shall be fenced and locked during non-operating hours. The fencing shall consist of three strands of barbed wire, as recommended by the Colorado Division of Wildlife. The design shall include: a minimum 16 inch height from the ground to the first strand to allow passage of fawns under the fence; ten inch separation between the three strands to create adequate fence height for managing cattle; a smooth top wire to allow hung up deer to free themselves with less injury; twist stays to decrease the possibility of deer becoming twisted in the top two wires and to create a more rigid fence that is easier to twist out of. 25. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or _disposed of, and the site shall be graded -and seeded in accordance with the recommendations of the soil conservation service. 26. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District and the Weld County Airport Overlay District requirements. 27. The Special Review permit activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 28. The Special Review permit activity and site shall be maintained in compliance with the requirements of the Department of the Army, Corps of Engineers. 29. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9001.79 B.L. Ventures, Incorporated USR-899 Page 4 32. Personnel from the Weld County Health Department, Colorado Department of Health, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 33. 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. 34. 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. 900179 INVE' RY OF ITEMS SUBMITTED FOR CONS :RATION Case Number USR-899 and Certificate of Designation B.L. Ventures, Inc. Submitted or Prepared Prior to Hearing At Hearincj 1. Application 26 Pages X 2. One Application plat(s) three 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. Application for Certificate of Designation X 12. December 26, 1989, referral from City of Greeley X 13. December 13, 1989, referral from Weld County Health Department X 14. December 18, 1989, Colorado Department of Helath X 15. December 11, 1989, referral from Greeley Soil Conservation District X 16. December 4, 1989, referral from Oil and Gas Commission X 17. November 30, 1989, referral from Western Hills Fire Protection District X 18. November 30, 1989, referral from Corps of Engineers X 19. December 1, 1989, referral from Greeley/Weld County Airport X 20. November 28, 1989, referral from Division of Highways X 21. November 27, 1989, referral from Weld County Engineering X 22. November 22, 1989, referral from the Division of Wildlife X 23. January 5, 1990, letter from Town of Kersey X 24. December 11, 1989, letter from James M. Kadlecek X 25. One page addition to application showing traffic patterns X 26. January 16, 1990, letter of objection from Highway Department X 27. January 15, 1990, letter of objection from Ogilvy Ditch Company X 28. January 16, 1990, letter to Glenn Mallory X 29. January 18, 1990, referral from Weld County Engineering X 900179 /I A- USR-899 B.L. Ventures, Inc. Page 2 I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on January 26, 1990. C:761.7\1-1-1lll////// ent P1 er STATE OF COLORADO ) COUNTY OF WELD SUBSCRIB$D AND SWORN TO BEFORE ME THIS ZS day of ACkAw"„ 19 elk© . Nga,TA R Y l r AC: : ('alo NOTARY UBLIC My�Cohmttsssion Expires m2. ttrirk,sion Exp ras Fab. 13, W93 900179 EXHIBIT INVENTORY CONTROL SHEET n , Case I LL�� (l�l>t�iL�Qf lj1 [, OL)LOSMG(tX ox� - &e d ' K . Exhibit Submitted By Exhibit Description A. at.A.Alt wit � � ��tin 1_li i " . B• 4x/11-4:11( l d37YL/9M/1690 S 4/ 7n-fitaida td;c) C• &Litt _ant-LAW:xi Etatiettti-ertj gesmaindata. t .thirfte may- E. /lt1? toUdhL� C1�4.4 e tzo� F. 8/A4 du__ &[( it not ek u,( Xa4Za 4-s_ V H. £'Lc' CC 1 /C'n /5/.114,6.r7 .G ;'✓ I. /12 V Add c://if j/ J. .ilk✓ - /e/.EMi' CCr Z K. r� tGrirrJ//dh - i Cl./!I/ riet rA X-7°Zier)ZY &)__ )1111" ill L/ ' M. N. 0. 900179 c`STAI_L OF COLORADO COLORADO DEPARTMENT OF HEALTH oe co4 oq 4210 East 11th Avenue Denver, Colorado 80220 Phone (303) 320-8333 m �w' ♦/896% Roy Romer June 28, 1989 Governor Thomas M. Vernon, M.U. Executive Director Weld County Planning Department Board of Commissioners 915 10th Street, Box 459 Greeley, Colorado 80631 RE: Kersey Livestock Trailer Wash, Inc. Facility Certificate of Designation Application Dear Commissioners: The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department of Health has completed its technical review of the Certificate of Designation application for the Kersey Livestock Trailer Wash facility as submitted in February, 1989. The site is located on Weld County Road 51 about one-eighth of a mile south of Weld County Road 54. The application was reviewed to determine if the facility could comply with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act (the Act), 30-20-100, et seq, C.R.S. 1973 as amended, and with the regulations promulgated thereunder, 6 CCR 1007-2, known as the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (the Regulations). The following major facility commitments are agreed to by the applicant, Kersey Trailer Wash, Inc. , as contained within the application: 1. The facility will be used exclusively for the washing of livestock trailers. The service area will include Greeley and approximately a 25-mile radius around the site. No dead animals will be accepted.. 2. The facility is to be constructed with four -concrete wash bays, a concrete settling pond, a manure pile concrete pad, and a water treatment system consisting of five st-eel aeration tanks in series. 3. On the average, six to ten livestock trailers will utilize the facility each day between the hours of 7 a.m. and 6 p.m. Two to five employees Mill be employed. 4. There will be a stormwater detention pond constructed at the northeast corner of the facility. A stormwater drainage plan will be submitted to Weld County. No process water will enter the stormwater detention pond. A separate septic system will be installed for employee and customer use. Weld County Commissioners June 28, 1989 Page 2 5. All trafficked areas - within the facility will be gravelled. No traffic will be allowed outside of these areas. 6. The entire facility will be fenced and locked during non-operating hours. 7. Upon closure of the facility, all wastes will be removed and/or treated, all structures will be recycled or disposed of, and the site will be graded to its original contours. It is the assessment of this Division that the proposed facility can comply with the minimum standards of the Act and with the Regulations: if the facility is constructed and operated as detailed in the submitted Certificate of Designation application, referenced correspondence and as summarized above; and if the construction and operation includes the listed recommendations of the Division. Based on this assessment, the Division recommends approval of the facility contingent upon the inclusion of the following recommendations as part of the Certificate of Designation, if issued: 1. Only livestock trailers will be washed in the bays--tractors will not be washed at the facility. 2. Provisions will be made to ensure that adequate auxiliary electric power is available if a prolonged power outage were to occur. 3. Insect and/or rodent control programs will be instituted if insect/rodent populations increase beyond background levels. 4. Manure solids will not be stored for more than three days. Segregation of the stored solids will be maintained to ensure this storage requirement. 5. All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 6. A daily log of operation conditions including number of vehicles washed, make-up water used, solids stored, solids taken out of storage, equipment inspections, etc. , will be maintained. 7. The incoming BOD to the settling pond will be monitored on a weekly basis for a one-month period following commencement of operations. Increase in diffuser and oxygen capacity will be implemented as necessary. Weld County Commissioners June 28, 1989 Page 3 8. All joints in the wash bays, the settling pond, and the manure pad will be waterproofed. 9. All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free from solids and liquids during this inspection. Repairs should be made immediately and all repairs should be reported to Weld County and the Colorado Health Department. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and the Colorado Department of Health for review and approval. 10. The make-up water supply well shall be located and constructed to preclude process water from entering the well system. The Division cannot specifically require closure and post-closure financial assurances; the inclusion of such assurances as commitments from the applicant is recommended as part of Weld County's certification. The Division respectfully requests that Weld County send a copy of the final Certificate of Designation with all conditions to the Division when and if it is issued. If you have any questions regarding this Division's conditional approval, please contact Steve Orzynski at 331-4863. Sincerely, Vert(F- � /4' PLC c Solid Waste and Incident Solid Waste and Incident Management Section Management Section Hazardous Materials and Hazardous Materials and Waste Management Division Waste Management Division SJO/mw/4728K cc: Lannell Curry, Weld County Planning Department Wes Potter, Weld County Health Department \\JUL 5 1989 Weed to.4lannm+* umtuissiou ALPHA ENGINEERING CIVIL ENGINEERING LAND DEVELOPMENT PROPERTY SURVEYS June 14 , 1990 Weld County Planning Dept. 915 10th Street Greeley, CO 80631 RE: Addition to East 8th Street Livestock Trailer Wash out USR. Dear Sir: The plant materials chart is included below. The fencing specifications are found in item 24 of the developmental standards. Sincerely Cecil R. Crowe, PE 8 LS 12330 • • LANDSCAPE CHART ABR. CNAM E N NAMEN SIZE QUAN1 PM Plum Prunus 5 gal 10 Monitor' '2O Russian Olive Elaeagnus 5 gal 13 Angustifoila 6/7 5TH sr - P. 0. BOX 392 FORT LUPTON, COLORADO 8062/ Ph: DENVER 13031573-5186 FORT LUPTON (3031 857— 2308 Date: January 23, 1990 CASE NUMBER: USR-899 NAME: B.L. Ventures, Incorporated ADDRESS: 4101 West Service Road, Evans, CO 80620 REQUEST: A Site Specific Development Plan, Certificate of Designation, and Special Review permit for a livestock trailer wash facility in the Agricultural zone district LEGAL DESCRIPTION: Part of the SW* of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) between Weld County Road 47 and Weld County Road 419. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies, Environmental Quality and Natural Resource Goals and Policies, and Agricultural Goals and Policies. The Weld County Comprehensive Plan Urban Growth Boundary Goals encourage the maintenance of urban growth boundary areas that provide an official definition between future urban and agricultural land uses. The City of Greeley Planning Commission recommended no objection to this proposal in a meeting on December 12. The vote on the motion _recommending • no objection was 2 for and 2 against and the Greeley Planning Commission has indicated it is not forwarding a recommendation of denial. In addition, the agricultural policies of the Weld County Comprehensive Plan encourage the location of agricultural businesses and industries in areas that minimize the removal of prime agricultural land from production. The location of the special review permit site and the attached conditions and development standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. The proposal is consistent with the intent of the Agricultural zone district and, as an agricultural service establishment, is provided for as a use by special review. 9C0179 B.L. Ventures, Incorporated USR-899 Page 2 - The use which would be permitted will be compatible with the existing surrounding land uses and with the future development Df the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 263 (East 8th Street) , oil and gas production, Greeley-Weld County Airport, agricultural production, Highway Department offices, the Weld County Humane Society, river bottom, and natural grasses. Conditions of approval and development standards will ensure compatibility with these uses. - The Special Review permit site is located in the Airport Overlay District. A portion of the site is located in the 100 year floodplain. Special Review permit development standards address the overlay district requirements. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application 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 operation of the facility: an odor abatement and response plan shall be submitted to and approved by the Weld Ccunty Health Department; - a dust abatement plan shall be submitted to and approved by the Weld County Health Department; �. 900179 B.L. Ventures, Incorporated USR-899 Page 3 - a recorded exemption application shall be submitted to and approved by the Department of Planning Services' staff or Board of County Commissioners; - an access permit shall be obtained from the State of Colorado, Division of Highways. 4. Prior to scheduling the hearing with the Board of County Commissioners: - the applicant shall submit additional, required information regarding storm water drainage to the Weld County Engineering Department for review and approval. 5. Prior to recording: - the Special Review permit plat shall be amended to show a total of 75 feet right-of-way reserved from the centerline on the south side of Highway 263 (East 8th Street) ; - the applicant shall submit to the Department of Planning Services a landscaping plan which has been reviewed and accepted by the Division of Wildlife; - the applicant shall submit evidence to the Department of Planning Services that the concerns of the Ogilvy Ditch Company have been mitigated; - the Special Review plat shall be amended to show fencing and landscaping on the site; and - the applicant shall develop and post performance guarantees to handle closure of the livestock trailer wash. The County Engineer, Weld County Health Department, and Department of Planning Services shall review and approve the items listed and cost estimates. The County Attorney's office shall approve the form of the performance guarantees. 6. Prior to any utility work in the Highway right-of-way, a utility permit shall be obtained from the Department o₹ Highways. 9(,0119 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS B.L. VENTURES USR-899 1. The Site Specific Development Plan and Special Review permit is for a livestock trailer wash facility in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The applicant shall remove, handle, and stockpile manure from the holding 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. No dead animals shall be unloaded at the facility at any time. The manure waste shall be removed from the site at least every three days. No manure shall be stored on the site for longer than three consecutive days. Segregation of the stored solids will be maintained to ensure this storage requirement. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. The septic system(s) for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. The odor abatement and response plan, approved by the Weld County Health Department, shall be implemented at the request of the Health Department in the event that odor levels detected off site of the facility meet or exceed the residential odor limit as specified by the Colorado Revised Statutes. The plan shall also be implemented in the event that the Weld County Health Department receives a significant number of odor complaints and, in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. In the event that the existing aeration tank system is not consistently controlling odors, the applicant shall install additional tanks to increase the capability of the facility to control odors. 9C01'79 B.L. Ventures, Incorporated USR-899 -Page 2 10. The facility shall have sufficient equipment on hand or available to the onsite manager, so dust abatement can be implemented at any time that dust is raised in sufficient quantity as to be observed leaving the property. The dust abatement plan shall be maintained on the property. - 11. A manager responsible for operation of the facility shall be onsite at all times that the facility is open to wash trucks. 12. The wash bay shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. 13. The facility shall be used exclusively for the washing of livestock trailers. Tractors shall not be washed at the facility. 14. Adequate auxiliary electric power shall be available to the site in the event of a prolonged power outage. 15. An insect and/or rodent control program shall be instituted if insect/rodent populations increase beyond background levels. 16. All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 17. A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc. , will be maintained. 18. The incoming BOD to the settling pond shall be monitored on a weekly basis for a one-month period following commencement of operations. The results of the weekly tests shall be submitted to the Weld County Health Department and the Colorado Department of Health. Increase in diffuser and oxygen capacity shall be implemented as necessary. 19. All joints in the wash bays, the settling pond, and the manure pad shall be waterproofed. 20. All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free from solids and liquids during this inspection. Repairs shall be made immediately and all repairs shall be reported to Weld County and Colorado Health Departments. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and Colorado Health Departments for review and approval. 900179 B.L. Ventures, Incorporated USR-899 Page 3 21. The portions of the site not used for structures or roads shall be seeded. 22. No process water shall enter the stormwater detention pond. The stormwater drainage plan, as approved by the Weld County Engineering Department, shall be maintained on the property. 23. All trafficked areas within the facility shall be gravelled. No traffic will be allowed outside these areas. 24. The entire facility shall be fenced and locked during non-operating hours. The fencing shall consist of three strands of barbed wire, as recommended by the Colorado Division of Wildlife. The design shall include: a minimum 16 inch height from the ground to the first strand to allow passage of fawns under the fence; ten inch separation between the three strands to create adequate fence height for managing cattle; a smooth top wire to allow hung up deer to free themselves with less injury; twist stays to decrease the possibility of deer becoming twisted in the top two wires and to create a more rigid fence that is easier to twist out of. 25. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded to its original contours. 26. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District and the Weld County Airport Overlay District requirements. 27. The Special Review permit activity shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 28. The Special Review permit activity and site shall be maintained in compliance with the requirements of the Department of the Army, Corps of Engineers. 29. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9C®1'79 B.L. Ventures, Incorporated USR-899 Page 4 32. Personnel from the Weld County Health Department, Colorado Department of Health, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 33. 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. 34. 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. 9C0179 CERTIFICATE OF DESIGNATION NAME: B. L. Ventures, Incorporated ADDRESS: 4101 West Service Road, Evans, CO 80620 REQUEST: Certificate of Designation LEGAL DESCRIPTION: Part of the SWI Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Roads 47 and 49. SIZE OF PARCEL: 8 acres, more or less The Department of Planning Services' staff recommends that this request be approved for the following reasons: 1. The conditions for approval and stated standards included in USR-899 will minimize the impacts on the surrounding property and the area to the greatest extent possible. The conditions for approval and stated standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the livestock trailer wash facility will be convenient and accessible to the potential users. 3. The applicant has demonstrated in the application materials that there is a need for the proposed livestock trailer wash facility. 4. The applicant has demonstrated through the application materials that they have the ability to comply with the health standards and operating procedures of the Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, C.R.S. , 1973. 5 . The Colorado Department of Health and the Weld County Health Department have reviewed this request and find, subject to conditions, that the proposal will comply with the standards of the Solid Waste Disposal Sites and Facilities Act, Title 30-20-100, et seq. C.R.S. 1973, as amended and with the regulations promulgated thereunder, 6 CCR 1007-2, known as the Regulations Pertaining to Solid Waste Disposal Sites and Facilities. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities. 900179 Certificate of Designation B. L. Ventures, Incorporated Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: The property shall be maintained in compliance with USR-899, all submitted application materials on file with the Department of Planning Services, and all requirements of the Weld County Health Department and the Colorado Department of Health. • 900179 STATE OF COLORADO DIVISION OF HIGHWAYS 7::P.O. Box 850Greeley, Colorado 80632-0850(303) 353-1232oP January 16, 1990 Lanell Cury Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Dear Lanell : In reference to your call concerning our recommendations of having a truck washout on adjoining properties at our new location at S.H. 263 (east 8th Street) by the airport. We are opposed to an operation of that sort that close to our new site. We have already installed a 40'x160' maintenance building on the site and propose to move our main shop, lab, and offices to this site. The lab and the maintenance building will have approximately 30 people on-site most of the time. Due to the pollution of the air and ground, it would make a very unhealthy situation to work around. Thank you for your consideration in this matter. Sincerely, DOUGLAS RAMES DISTRICT ENGINEER N/ Robert G. Sherrflff Sr. Hi-ghway Maintepance Supervisor RGS:jks cc: D. Rames S. Carlson KAROWSKY, WITWER & OLDENBURG CHARLES A.KAROWSKY SUITE 550,GREELEY NATIONAL PLAZA STOW L.WITWER,JR. NINTH AVENUE AND EIGHTH STREET R.SAM OLDENBURG GREELEY,COLORADO 80631-3994 JOHN J. BARRY (303)352-3161 MARILYN J. DAVID January 15, 1990 1-7 il' JAN 1 5 1990 Weld County Department of Planning Services L Centennial Building 915 - 10th Street Cu.$01d PIa(tdin G"mnrtstI w- Greeley, CO 80631 Attn: Lanell Curry Re: Case No. USR-899, Application of B. L. Ventures, Inc. Dear Ms. Curry: This office represents Ogilvy Irrigating and Land Company which operates the Ogilvy Ditch. The Ogilvy Ditch crosses the parcel of land upon which the proposed truck washout facility is planned. I have reviewed the letter dated November 13, 1989, from Kenneth F. Lind, Esq., and will assume the accuracy of all representations made therein. It is there indicated that the facility as designed "includes total perimeter fencing. ." I have also reviewed the permit map, site plan and washout details as prepared by Alpha Engineering consisting of three large pages. The concerns of Ogilvy are as follows: (a) Surface Runoff. From the site plan, it appears that elevations will be changed so that the northerly portion will be approximately 10 feet higher than the southerly portion. There is nothing shown that would prevent the newly- created runoff from entering the Ogilvy Ditch at various and undefined locations. This will create erosion, will introduce trash and other materials into the irrigation water, if running, and if not, into the ditch itself, and may well damage the northern bank of the ditch. My client has not seen any plans to protect the ditch bank from such runoff. Additionally, there is no detail for the storm runoff detention pond. It is unclear what kinds of materials will be in the detention pond and what will happen to the pond contents. (b) Interference with Maintenance. If there is a perimeter fence, it would cross the ditch and would -prevent exercise of the existing rights of Ogilvy KAROWSKY, WITWER & OLDENBURG Weld County Department of Planning Services January 15, 1990 Page 2 to maintain the ditch to the extent and in the manner that it has historically utilized its easement. Although the easement may not be well defined, Ogilvy has the right to utilize whatever property is reasonably necessary to maintain the ditch including, without limitation, weed removal and burning, excavation, removal of trash and debris, bank work, deepening, shallowing, and other related activities. According to the site plan, the detention pond may be within six or seven feet of the ditch. This is too close. This -would prevent passage along the north side, to the extent it was -necessary. This interferes with maintenance of the ditch. (c) Water Issues. There needs to be some assurance that the effluent does not reach the ditch, and that the detention pond at no time would contain effluent. Also, if the detention pond is too close to the ditch and is deep enough, it could theoretically attract water from the ditch, or involve water that supports water running in the ditch. Although my client does not have engineering expertise, a concern has been raised as to whether care should be taken to assure that none of the effluent reaches the water flowing in the Ogilvy Ditch or under- lying the Ogilvy Ditch. The design standards established by Alpha Engineering under the seal of Cecil R. Crowe represents that the facility will have no significant waste that is not contained on -a concrete pad or in metal tanks, and, therefore, there will be no adverse impact on subsurface water. It is requested that the Department of Planning satisfy itself that there will be no hydrological impact on the Ogilvy system. (d) Construction -Problems. As is acknowledged in the design plan, the soil is subject to significant wind erosion and, therefore, during construction and landscaping, there is a strong likelihood of dirt, sand, silt, and other materials blowing from the property into the Ogilvy Ditch. The potential problem involved is either (a) increased silt problem for the ditch operations, or (h) increased cleaning problems after construction is completed. Further, unless reseeding occurs, or some means of surface protection is provided, increased wind erosion and blowing sand will continue to impact the Ogilvy system. It is requested that any approval will be conditioned upon the applicant providing a satisfactory method of reducing and minimizing such problems. In summary, it is the position of the Ogilvy Irrigating and Land Company that the review process address and resolve the following concerns: (1) Surface water runoff into the Ogilvy Ditch arising from the modification of the topography. (2) Assurance that no part of the operation will physically interfere with maintenance of the ditch, including in particular, fences and location of the storm runoff detention pond. (3) Concern that the proximity of the storm runoff detention pond to KAROWSKY, WITWER & OLDENBURG Weld County Department of Planning Services January 15, 1990 Page 3 the ditch could create problems consisting of (i) construction that would intercept water underlying and supporting the ditch flow, (ii) impairing the integrity of the north bank, and (iii) resulting in overflow running into the ditch, thereby either causing bank erosion or exceeding the capacity of the ditch during periods of high water. (4) Assuring that no contaminated surface _or ground water reach the Ogilvy, or the water underlying the same; and (5) During construction and thereafter, assuring that the disturbed surface will not create windblown sand, trash and debris into the Ogilvy Ditch. The president of the Ogilvy Irrigating and Land Company is Harold Wacker, 27125 Weld County Road 58 1/2, Greeley, telephone nunber 352-9163. Any questions you have may be addressed to him or to the undersigned. Thank you for your con- sideration of this matter. Yours very truly, KAROWSKY, WITWER & OLDENBURG Stow L. Witwer, Jr. jea cc: Harold Wacker Kenneth Lind, Esq. s c �=�,,a';. DEPARTMEN i OF PLANNING SERVICES n . PHONE(303)356000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 _ 3 ..e t COLORADO January 16, 1990 Glenn F. Mallory l Industrial Hygenist i Hazardous Materials and Waste Management Division - Colorado Department of Health - 4210 East 11th Avenue Denver, CO 80220-3716 Dear Mr. Mallory: As we discussed on January 12, I had a question about 'two of the recommendations in your December 18, 1989, letter to this Department regarding the Certificate of Designation 'application for B. -L. -Ventures, Inc. Recommendations 6 and 10, on pages 2 and 3 of your letter refer to . make-up water used and a make-up water supply well. According to the applicant, these recommendations may have been relevant to his previously chosen site, but are not relevant to this application. The applicant proposes using North Weld County Water District water as the water supply on the site, and a make-up well will nct be necessary. Please call or write to confirm that these comments do not apply to this application. Sincerely yours, 0(0..7,22? d-. -dm/L __ , Lanell J. Curry i Current Planner . LJC:dn . 9C®1'79 jai//o -9d mfmoRan DI A Vi`,P Lanell Curry, Planning January 18, 1990 To Date Drew Scheltinga, County Engineer COLORADO From B.L. Ventures Truck Wash subject: I have received the drainage study dated January 12, 1990 from Cecil Crowe of Alpha Engineering. I have no objection to the material submitted. However, I would reserve final approval of the drainage plan until negotiations between the ditch company and the applicant are complete. ,' !," cif �. DS/mw:prblvent 4ENUO- PjWik iAjsbj=WW cc: Commissioner Kirby Planning Referral File - B.L. Ventures Truck Wash l • tl t'� �V baii bzi pa: 111 , 131 v'- { III 4 J � '� i,1 t J i i l,.., 3 , ...„ 4 , Ai. I I MEI mama*bag" / iiii ' / . y«n.),I) I . • / ,/ / „ ,- ,---- - --,, ' ii , c_, / J� 1 ° i III rk Sipe ti \ ', �i �� i 3 ii it \ , V3 V " ' � �r Ii { ` ova ,i 0 { 1 • :I '` 1 .1 1 . _ I gl 1 ----�// ; I 0 \ . 3 I I \I \ .\ I i r�... um U1 • a e' STATE OF COLOIADO COLORADO DEPARTMENT OF HEALTH • 94‘ 4210 Emit 11th Avenue Telefax: Denver,_Colorado 80220-3716 (303)322-9076(maln(Wilding/Denver) ,,t� Phone (303) 320.8333 (30313x0.1529(Ptarmiv)Place/Denver) * , 4 (303)248.7198(Grand Junction Regional Office) M 1874* December 1-8, 1989 Rov Roma Govi'rnar Weld County Planning Department Thnm.rs M.Vt.moil. M.U. Board of Commissioners Executive. Oir•ctOr 915 10th Street, Box 459 Greeley, Colorado 80631 RE: Eighth Street Trailer Washout, Inc. Facility Certificate of Designation Application Dear Commissioners: The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department _of Health has completed _its is technical review of the Certificate of Designation application for the Eighth Street Trailer Washout facility as submitted in November, 1989. The site is located on Highway 263 about one-half mile south of the Weld County Airport. She application -was reviewed to determine if the #acility mould comply with the minimum standards _of the Solid Wastes Disposal Sites and Facilities Act (the Act) , 30-20-a00, et seq, C.R.S. 1973 as amended, and with the regulations promulgated thereunder, 6 CCR 1007-2, known as the Regulations Pertaining to Solid Waste Disposal Sites _and Facilities (the Regulations) . The following major facility commitments are agreed to by the applicant, Eighth Street Washout, Inc., as contained within the application: The facility will be used exclusively for the washing of livestock trailers. The service -area will include Greeley and approximately a 25-mile radius around the site. No dead animals will be accepted. 2. The facility is to be constructed with four concrete wash bays, -a concrete settling -pond, a manure pile -concrete pad, and a water treatment system -consisting -of five steel aeration tanks in series. 3. On the average, sir to tea livestock trailers will utilize the facility each day between the hours of 7 a.m. and 6 p.m. Two to five employees will be employed. 4. There will be a stormwater detention pond constructed at the southeast corner of the facility. A stormwater drainage plan will be submitted to Weld County. No process water will enter Weld County Commissioners December 18, 1989 Page 2 the stormwater detention pond. A separate septic system will be installed for employee and customer use. 5. All trafficked areas within the facility will be gravelled. No traffic will be allowed outside of these areas. 6. The entire facility will be fenced and locked during non-operating hours. 7. Upon closure of the facility, all wastes will be removed and/or treated, all structures will be recycled or disposed of, and the site win. be graded to its original contours. It is the assessment of this Division that the proposed facility can comply with the minimum standards of the Act and with the Regulations: if the facility is constructed and operated as detailed in the submitted Certificate of Designation application, referenced correspondence and as summarized above; and if the construction and operation includes the listed recommendations of the Division. Based on this assessment, the Division recommends approval of the facility contingent upon the inclusion of the following recommendations as part of the Certificate of Designation, if issued: 1. Only livestock trailers will be washed in the bays--tractors will not be washed at the facility. 2. Provisions will be made to ensure that adequate auxiliary electric power is available ±f a prolonged power outage were to occur. 3. Insect and/or rodent control programs will be instituted if insect/rodent populations increase beyond background levels. 4. Manure solids will not be stored for more than three days. Segregation of the stored solids will be maintained to ensure this storage requirement. 5. All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 6. A daily log of operation conditions including number of vehicles washed, make-up water used, solids stored, solids taken out of storage, equipment inspections, etc. , will be maintained. Weld County Commissioners December 18, 1989 Page 3 7. The incoming BOD to the settling pond will be monitored on a weekly basis for a one-month period following commencement of operations. Increase in diffuser and oxygen capacity will be implemented as necessary. 8. All joints in the wash bays, the settling pond, and the manure pad will be waterproofed. 9. All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free tram solids and liquids during this inspection. Repairs should be made immediately and all repairs should be reported to Weld County and the Colorado Health Department. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and the Colorado Department of Health for review and approval. 10. The make-up water supply well shall be located and constructed to preclude process water from entering -the-well system. The Division cannot specifically require closure and post-closure financial assurances; the inclusion of such -assurances as commitments from the applicant is recommended as part of Weld County's certification. The Division respectfully requests that Weld County send a copy _of the final Certificate of Designation with all conditions to the Division when and if it is issued. If you have any questions regarding this Division's conditional -approval, please c act,Glenn Mallory at 331-4859. Sine ely, c-(ral>14/1/ x1-- Glean . Mal ory Pamela L. Harley, Sectio ief Industrial Hyge Solid Waste and Inciden Hazardous Mat ri and Management Section Waste Management Division Hazardous Materials and Waste Management Division GPM/mw/4728K cc: Lannell Curry, Weld County Planning Department Bill Lamb, B L Ventures Wes Potter, Weld County Health Department DEC 1 8 1989 Weld en.-llama[caeedssi le PLANNING COP21ISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE THE SIGN WAS POSTED BY: Mav L Lavvki-3 NAME OF PERSON POSTING SIGN I 10 SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED'• SWORN TO BEFORE ME THIS ,::\\ DAY OF 19lO:JT�RyCl P .` "A LW LIC ��(. SEAL •'• e) ,\r.)w5JL Cc`a_ Cyan c� 0pr0L09. NOTARY PUBLIC 1 MY COMMISSION EXPIRES ^`ti .ou'i.1."":r L::r„ ;; reo. 13, Lyra LAST DAY TO POST SIGN IS: 19 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # CCCCO . THE SIGN WAS POSTED BY: JJJJ 1 1\PTA fy - NAME OF PERSON POSTING SIGN .fre ./tfe G URE OF APPLICANT OP c STATE OF COLORADO ) COUNTY OF WELD re, SUBSCRIBED AND SWORN TO BEFORE ME THIS ib — DAY OF 19 Mc, • SEAL P�r 1 s �dcc - NOjc TARY PUBLIC MY COMMISSION EXPIRES My r_ommiccinn E,pir.i fob, 1$, 1993 LAST DAY TO POST SIGN IS: 19 ALPHA ENGINEERING CIVIL ENGINEERING LAND DEVELOPMENT PROPERTY SURVEYS JANUARY 12, 1990 DRAINAGE REPORT FOR EAST 8th STREET LIVESTOCK WASH OUT IN SEC. 1 , T5N, R65W, WELD COUNTY, COLORADO _/,a), 6.' r 2 , v- /2 s,Ph: DENVER 13031573-5186 0 / 86 FORT LUPTON13031 857- 2308 SITE DESCRIPTION; THE SITE IS PRESENTLY VACANT PASTURE LAND. THIS DRAINAGE REPORT ASSUMES THAT A LIVESTOCK TRAILER WASH OUT FACILITY AS SHOWN ON TILE ATTACHED PLAN WILL BE CONSTRUCTED. THE PARCEL CONSIDERED IS THAT PART THAT IS BEING DEVELOPED NORTH OF THE OGILVY DITCH CONSISTING OF 3. 65 ACRES. HISTORICAL DRAINAGE SYSTEM; THE PARCEL PRESENTLY DRAINS INTO PONDS BEHIND SMALL DIKES ALONG THE NORTH BANK OF THE OGILVY DITCH AND SEEPS AWAY INTO THE GRAVELLY SOILS. THE INTIAL STORM USED IS THE 5 YEAR STORM AND THE MAJOR STORM IS THE 100 YEAR STORM. PROPOSED DRAINAGE SYSTEM; THE PROPOSED SYSTEM WILL STORE THE 100 YEAR STORM -IN A DETENTION POND AND ALLOW IT TO SEEP AWAY INTO THE GRAVELLY SOILS. HISTORICAL RUNOFF; C= 5 YEAR 100 YEAR BANDY SOIL 0. 01 0. 20 TIME OF CONCENTRATION (RURAL) TC = 1 . 8 ( 1 . 1 - 0. 01 ) 4TRF350 ate- + 60 X 2 = 29. 52 MINUTES RATIONAL METHOD OF RUNOFF; Q = CIA Q5 = 0. 01 X 2. 1 X 3. 65 = 0. 077 CFS Q100 = 0. 20 X 4. 2 X 3. 65 = 3. 066 CFS DEVELOPED RUNOFF; 5 YEAR Landscaped 1 . 45 acres X 0. 01 = 0. 015 Buildings 0. 21 acres X 0. 85 = 0. 179 Gravel 1 . 99 acres X 0. 25 = 0. 498 . 65 acres 0. 692 100 YEAR Lanscaped 1 . 45 acres X 0. 20 = 0. 290 Buildings 0. 21 acres X 0.90 = 0. 189 Gravel 1 . 99 acres X 0. 65 = 1 . 294 3. 65 acres 1 . 773 C5 = 0. 189 C100 = 0. 486 100 YEAR PARCEL: TIME INTENSITY VOLUME IN VOLUME OUT VOL. IN - VOL. OUT . 10 7 . 00 7 , 450. 38 2 , 250. 00 5, 200. 38 20 5. 10 10, 856. 27 4 , 500. 00 6, 356. 27 30 4 . 15 13, 251 . 03 6, 750. 00 6 , 501 . 03 40 3. 45 14 , 687. 89 9 , 000. 00 5, 687. 89 50 3. 00 15, 965. 10 11 , 250. 00 4 , 715. 10 60 2 . 70 17 , 242 . 31 13 , 500. 00 3 ,742 . 31 '10 2 . 50 18 , 625. 95 15, 750. 00 2 , 875. 95 80 2. 30 19 , 583 . 86 18 , 000. 00 1 , 583. 86 90 2 . 10 20, 116. 03 20, 250. 00 ( 133. 97 ) 100 1 . 90 20, 222 . 45 22 , 500. 00 (2 , 277. 54 ) 110 1 . 70 19 , 903. 16 24 , 750. 00 (4 , 846. 84) 120 1 . 55 19 , 796. 72 27 , 000. 00 (7 , 203. 28 ) C = 0. 486 Q = 3.75 A = 3.55 STORAGE COMPUTATION; STORAGE REQUIRED IS 6, 501 CUBIC FEET. V = 1/3 H ( Al + A2 + A1XA2 ) V = 1/3 X 3. 5 ( 600 * 5400 i 1800 ) = 9, 100 CUBIC FEET USE A 30 ' X 180 ' X 3. 5' DEEP POND WITH 3 : 1 SIDE SLOPES. OUTLET DESIGN; USEING A 2 MINUTE PER INCH PERCOLATION RATE FOR THE NATURAL GRAVEL = 30 INCHES PER HOUR. 30 INCHES 60 MIN. X 60 SEC. X 12 IN. /FT. = 0. 000694 CFS/SQ. FT. 0. 000694 CFS/SQ. FT. X 5400 SQ. FT. = 3. 75 CFS PERCOLATION R i r,. II r5 .. • 1; '�u iM i iY • . • X01 • • Er pi • Ii' • I . M ----.--- _ -C . Id 4 .. , `,•f• / 2 / .... , / 1 7 I I ,„S c i 1 k, li p,:iti a\ \1::::._ ii.„...:,,,.....e: iii . • fy%I s • � r _ � '--' } I - \/ c �, 1 ;r g • \ I, 7 „' • - d� D ; ' / 4 . e ; 4.1,/,• \ it ; _ :-0 - -/ • K .•- • o � / -/ 'r - - - I • W •SA r -p - LLAA ' f 0 r �` / / / g IA c♦ / / / O I O - / o Z 1 \ E. 4. \ U in O Z a IJ / iI t LAND-USE APPLICATION SUMMARY SHEET Date: January 16, 1990 CASE NUMBER: USR-899 NAME: B. L. Ventures, Inc. , c/o Ken Lind ADDRESS: 4101 West Service Road, Evans, CO 80620 REQUEST: A Site Specific Development Plan, a Certificate of Designation, and a Special Review permit for a livestock trailer wash facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Roads 47 and 49 SIZE OF PARCEL: 8 acres, more or less PLANNING COMMISSION FUNCTION: This proposal requires two separate actions by the Planning Commission. First, a recommendation to the Board of County Commissioners consistent with the requirements listed in Section 24.3 of the Weld County Zoning Ordinance for the special review permit. Second, a recommendation to the Board of County Commissioners consistent with Section 45.4 of the Weld County Zoning Ordinance for the certificate of designation. The -Planning Commission shall be guided in its review of a certificate of designation by regulations contained in the State Statutes. A copy of the requirements for the consideration of certificate of designation are provided. Historically, the Planning Commission has listened to all the testimony required for both actions and then developed two separate recommendations. The Department of Planning Services' staff has received specific recommendations from the City of Greeley Planning Commission, Weld County Health Department, Colorado Department of Health, West Greeley Soil Conservation District, Oil and Gas Conservation Commission, Western Hills Fire Protection District, U.S. Army Corps of Engineers, Greeley-Weld County Airport, Colorado Division of Highways, Weld County Engineering Department, and Colorado Division of Wildlife. Copies of these referral responses are included in this summary packet. Also included are letters of support from the Town of Kersey and James M. Kadlecek, Greeley Weld Economic Development. No objections have been received from surrounding property owners. •19fti THE PUBLIC RECORD COF e" SUN ALL RIGHTS RESERVED 7CR9,9-84 race 1. 18 4.8. Closure Data: The engineering design and operations report shall include, as a minimum, the following closure data: 4.8.1 Provisions for the maintenance of the facility after closure, to prevent or minimize nuisance conditions. 4.8.2 Provisions for the monitoring of explosive gas and groundwater wells or surface water after closure. 4.8. 3 Plans for final closure of the facility, including planned final contours of fill surface after closure. 5.1 Issuance of certificates of designation for new facilities for solid waste disposal : Certificates of designation are issued by Boards or County Commissioners in accordance with the requirements for the consideration of applications contained in Sections 30-20-104 and 30-20-105. of the Act. 5.1 .1 Factors to be considered (1 ) In considering an application for a certificate of designation, the board of county commissioners shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in the Act and such rules and regulations as may be prescribed by the Department; (d) Recommendations by local health departments. (2) Except as provided in the Act, designation of approved solid wastes disposal sites and facilities shall be discretionary with the board of county commissioners, subject to judicial review by the district court of appropriate jurisdiction. (3) Prior to the issuance- of a certificate of designation, the board of county commissioners shall require that the report which shall be submitted by the applicant under section 30-20-103 of the Act be reviewed and a recommendation as to approval of disapproval made by the Department and shall be satisf'ed that the proposed solid waste disposal site and facility conforms to the comprehensive county land use plan, 72 C. THE CODE OF COLORADO REGULATIONS 6 CCR 1007-2 Page 1 . 19 if any. The ipplication, report of the department, comprehensive land use plan, and other pertinent information shall be presented to the board of county commissioners at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant's proposal for a solid waste disposal site and facility. The notice shall be published in -a newspaper having general circulation in the county in which the proposed solid wastes disposal site and facility is located at least ten but not more than thirty days prior to the date of the hearing. 5.1 .2 If the board of county commissioners deems that a certificate or designation should be granted to the applicant, it shall issue the certificate, and such certificate shall be displayed in a prominent place at the site and facility. The board of county -commissioner shall not issue a certificate of designation if the department has recommended disppproval pursuant to section 30-20-103 of the Act. 5.1 .3 The County Board of Commissioners shall forward a copy of the certificate of designation to the Department 6. 0 These regulations apply to waste impoundments that store, treat or dispose of liquid, semisolid or solid wastes, except as provided in 6. 0.4 for facilities in operation prior to adoption of these regulations. 6. 0.1 These regulations do not apply to wastes which; A. Are subject to a permit issued pursuant to the Colorado :-tined Land Reclamation Act , CRS 1973, 34-32-101, et sea . as amended; or 3. subject to a license issued pursuant to the Radiation C.)ntrol Act, CRS 1973, 25-11-101, et sea. as amended; or C. Are subject to a Certificate of Designation or permit issued pursuant to the Hazardous Wast-e Act, CRS 1973, 25-15-101, et sea. as amended; or D. Are industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, Las 1973, 25-S-101, et sea, as amended; or E . Are subject to : a Consent Order, Decree or Agreement; or a Written Cooperative Agreement issued pursuant to the Solid Waste Disposal Sites and Facilities Act, CRS 1973, 30-20-101, et seq. as amended, to the extent that the treatment, storage or disposal of such wastes in a waste impoundment is approved by the Department pursuant to 6 CCR 1007-2 THE CODE OF COLORADO REGULATIONS ‘Thick . w. u . . .y f - J I. qp �rr°C E oao••.3 G '. i •w. ▪ �Q. ..°. !.°° e• !! `J ii i v • 22 v 30 II AT . .. ! • 10 / 12 u • 5 i0 .. .2 7 • ! . • : • I( 1 • °• O WEE., , a flak, en 5 / i• I �S itl i, 6 '! 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I/ » I• , 14 • L Illi0SEn.LE !r� �M ..e!f� •�• n. ..N �/! _ •I; ;•• r n • e -f°4:',:•"`" • s. A Ey \ . • v yI Ix/ _` �•'� !t V ••Is • • ' . .. RERSE \\ •1 ' • •`jV 7.55.5"i• 1?ri � ' • x x! I• SG I 2! z• - •� •••3 • \ 27 • R-"- - I [ \ • • • • • • LLC •e » 34 Z• or !! »�,. f Y • /. J . • c_• •• • • Norf Lo w- \\ /_ a •• _ I __ • First .• • L:';•' •/f• `-N• ° •SALLE ih Z e• _ L•%• • —• _--__ • - o f , • 3• 217 4�k _S S.L. -_ .e. .. . ▪ `"' _- !_ I __ Ia . e I _ I • 4 split Valley, -- /otv ( \...,i/ ! 14663 • 4p Pete /Br° n /) _994• /_ MOODY _,_ROAD .(S hoof �. � � 4660 I- LI I W.lI . I ' g9 Fe • u I l'+-0P I 1h ji o 3 5 35 36 46. \_ M - 31 <3 E Y µ66 �. c— a__ y LI \____,//7/ ;14659 14653 • BLISS • '• . ROA• �� D I• n d •'�� f vo• 6hO 4649 0 46 1 '. cc]. / -__ yk i `.., �.�� '-,i, WI LID COUNTY I �� o \ . � �MI1NI( IPAL AIRPORT �,�, ) __..-- \ •' 1 I - 71 mein 06/01 Y -II ��I�Ivel • 6 -) . Airport \� _ a r°� 4i3.91 N � _T� ze L.CA E CIbA = ? �S`°4e 1 J .-.see_ \;- / /ten"-a6,O�— /� a �-.... — -;Y I`—�tC l� _ i t 1 i" r � III �.. " � e if ' N \ � T h, s4 =a ' u� 46/3 )1 D. ' __ iaY4t• '. 11 _,. 12 ve YO / 5 JG d el'Ht • O H • 4609 Hg rr \\\!! 6 I ( � ii�� 4604.. �� `h O CI; 1 • 4�4/ "Pill 46/9 • ._ n 40 C62O I . :_ ,• � GN IV Pte' . / ., 4525 • -.f �_+. 4601 .../-T21--- • Y O'.y 14 .. '^' �13 18 --Rif- �g62O - _/- T - s- 4610_-' 6,50 i � I � � � it 4 41 B. t t s I 411'24,yy. Jilt 3L � d: Lys '' I w jscC ~ ' r. « tb . . ...._.. fis rie fit'itkl; .' , I , . , i i'iI 1t,.. .- p`" + ?' 4 .. -'.6n ,.seS ., 3 FIELD CHECK FILING NUMBER: USR-899 DATE OF INSPECTION: December 13, 1989 NAME: B.L. Ventures REQUEST: A Site Specific Development Plan, a Certificate of Designation, and a Special Review permit for a livestock trailer wash facility in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SWi of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: South of Highway 263, between Weld County Roads 47 and 49 LAND USE: N Highway 263 (East 8th Street) , oil and gas production, agricultural production E Highway Department offices (under construction) , Humane Society, natural grasses S River bottom, oil and gas production W Natural grass ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Highway 263 (East 8th Street) , a paved road. The terrain on this parcel is rolling. The parcel is in natural grasses. The Ogilvy Ditch borders the south boundary of this 8 acres. There are trees along the ditch. By. --0.2° c n 11 J. Cu Current Plan r REFERRAL LIST NAME: BL Ventures CASE NUMBER: USR-899 REFERRALS SENT: November 20, 1969 REFERRALS TO BE RECEIVED BY: December 4, 1989 COUNTY 2OWNS and CITIES Attorney _Ault • X Health Department _Brighton _Extension Service --- Dacono Emergency Management Office Eaton Sheriff's Office __Erie H X Engineering Evans Housing Authority ____Firestone X Airport Authority Fort Lupton Building Inspection Frederick Garden City STATE - Gilcrest Division of Water Resources X Greeley _ Geological Survey Grover X Department of Health Hudson X Highway Department - Johnstown X Division of Wildlife Keenesburg _ Water Conservation Board Kersey_.- X Oil and Gas Conservation Commission La Salle Lochbuie — � FIRE DISTRICTS Longmont Ault F-1 Mead _J 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 F-11 `Larimer Nunn F-12 Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES 'Platte Valley F-14 r X US Army Corps of Engineers �Raymer Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission Windsor/Severance F-17 ----Wiggins F-18 - X Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. -- X Greeley ----Panhandle Eastern Pipe Line Co. Longmont X Oglivy Ditch _West Adams ----Ms. Shirley Waymen, Secretary 1007 9th Avenue COMMISSION/BOARD MEMBER Greeley, CO 80631 X Ann Garrison DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 o -915 10th STREET IGREELEY,COLORADO 80631 Ige CASE NUMBER S-310 COLORADO December 20, 1969 TO WHOM IT MAY CONCERN: Enclosed is an application from Bob McComb for a Site Specific Development Plan and a Resubdivision. The parcel of land is described as Lots 1 through 9, Bird Subdivision, part of the SWi of Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of 71st Avenue, approximately .5 miles north of U.S. 34 By-Pass. 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 January 3, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request (is/is nct) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. I__. __'7)) )4, A formal recommendation is under consideration and will be submitted to you prior to: 5. `Please refer /to//thee enclosed letter. Signed: 2/441, //i%//4 //x/.74 Agency: ��G!A.- Date: )a-na7 ///,i7/� «</// Ar` COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-978O Greeley December 26, 19B9 Mr. Ernie Ross, Chairman Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Dear Mr. Ross: On December 12 , 1989 the City of Greeley Planning Commission reviewed a request from B.L. Ventures, Inc. for a livestock trailer wash facility. This property is located approximately 1. 5 miles east of the City of Greeley; south of Highway 263 , between Weld County Road 47 and Weld County Road 49 . After conducting a review of this request and having a goad deal of discussion relative to this item a motion was made to recommend no objection to this proposal . The vote was however evenly split. Although the City Planning Commission was split in regards to how the Comprehensive Plan policies apply to this specific proposal the Commission solidly supports the intent of the Comprehensive Plan to: 1. Guide high impact agricultural and industrial uses that generate significant odors to locations distant from existing or potential residential and commercial areas. 2 . Guide other industrial uses to locations allready planned for industrial development. The City Planning Commission did not evaluate the potential impact that this request may have on water quality in the Poudre or the specific design of the proposal. The City Planning Commission however requests that the County conduct such an evaluation as part of their review. ---ry 4 0 I Di 1['NM 1 1989 GREELEY p taw _ I JAN 17S� ALLAMERICACITY J ' III I � I NW Cu PlillGgl A7y ,�aiIYRlSrr u. As always, the City of Greeley Planning Commission appreciates the opportunity to comment on items forwarded to us by Weld County. Sincerely, Bruce B. White, Chairman City of Greeley Planning Commission irk mEmoRAnDum � y�� `` Z "' 1989 WineWeld County Planning December 1984 To Date r December ' __.._. Environmental Protection Services VVWV14Y!>YtY. Gq�ijll�)1C5�btr COLORADO From Case Number: Certificate of Designation - B.L. Ventures Subject: 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. No dead animals shall be unloaded at the facility at any time. The manure waste shall be removed from the site at least every three days. No manure shall be stored on site for longer then three consecutive days. 2 . All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3 . No permanent disposal of wastes shall be permitted at this site. 4. The septic system(s) for the proposed office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5 . Fugitive dust must be confined on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102 , Colorado Revised Statues. 7. The Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan will be implemented at the request of the Health Department in the event that odor levels detected off site of the facility meet or exceed the residential odor limit as specified by the Colorado Revised Statues. The plan will also be implemented in the event that the Health Department receives a significant number of odor complaints and, in the judgement of the Director of Public Health, there exists an odor condition requiring abatement. In the event that the existing aeration tank system is not consistantly controlling odors, the applicant shall install additional tanks to increase the capability of the facility to control odors. December 13, 1989 Page Two 8 . Fugitive dust shall be confined on the site at all times. The facility shall develop a dust abatement plan and shall have sufficient equipment on hand or available to the onsite manager so that the dust abatement can be implemented at any time that dust is observed to be raised in sufficient quantity as to be observed to be leaving the property. 9. A manager responsible for operation of the facility shall be onsite at all times that the facility is open to wash trucks. 10. The wash bay shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. WP349/cs STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH coz- 4210 East 11th Avenue Telefax *�a1/4 � Denver, Colorado 80220-3'16 13031 32:-90'6;Mein BuJdmg' ) l Denver r Phone (303) 320-8333 1303)3204529(Ptar rn+gan Place:Denier) ,�*, (303)248-7198(Grand Junction Regional Office) ' '''< lay December 18, 1989 Roy Romer Covemor Weld County Planning Department Mama, NI ire Board of Commissioners ror M.D. exe�m��r- Direr tor 915 10th Street, Box 459 Greeley, Colorado 80631 RE: Eighth Street Trailer Washout, Inc. Facility Certificate of Designation Application Dear Commissioners: The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department of Health has completed its technical review of She Certificate of Designation application for the Eighth Street Trailer Washout facility as submitted in November, 1989. The site is located on Highway 263 about one-half mile south of the Weld County Airport. The application was reviewed to determine if the facility could comply with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act (the Act) , 30-20-100, et seq, C.R.S. 1973 as amended, and with the regulations promulgated thereunder, 6 CCR 1007-2, known as the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (the Regulations) . The following major facility commitments are agreed to by the applicant, Eighth Street Washout, Inc. , as contained within the application: 1. The facility will be used exclusively for the washing of livestock trailers. The service area will include Greeley and approximately a 25-mile radius around the site. No dead animals will be accepted. 2. The facility is to be constructed with four concrete wash bays, a concrete settling pond, a manure pile concrete pad, and a water treatment system consisting of five steel aeration tanks in series. 3. On the average, six to ten livestock trailers will utilize the facility each day between the hours of 7 a.m. and 6 p.m. Two to five employees will be employed. 4. There will be a stormwater detention pond constructed at the southeast corner of the facility. A stormwater drainage plan will be submitted to Weld County. No process water will enter Weld County Commissioners December 18, 1989 Page 2 the stormwater detention pond. A separate septic system will be installed for employee and customer use. 5. All trafficked areas within the facility will be gravelled. No traffic will be allowed outside of these areas. 6. The entire facility will be fenced and locked during non-operating hours. 7. Upon closure of the facility, all wastes will be removed and/or treated, all structures will be recycled or disposed of, and the site will be graded to its original contours. It is the assessment of this Division that the proposed facility can comply with the minimum standards of the Act and with the Regulations: if the facility is -constructed and operated as detailed in the submitted Certificate of Designation application, referenced correspondence and as summarized above; and if the construction and operation includes the listed recommendations of the Division. Based on this assessment, the Division recommends approval of the facility contingent upon the inclusion of the following recommendations as part of the Certificate of Designation, if issued: 1. Only livestock trailers will be washed in the bays--tractors will not be washed at the facility. 2. Provisions will be made to ensure that adequate auxiliary electric power is available if a prolonged . -utage were to occur. 3. Insect and/or rodent control progr: . -11 be instituted if insect/rodent populations increase oeyond background levels. 4. Manure solids will not be stored for more than three days. Segregation of the stored solids will be maintained to ensure this storage requirement. 5. All personnel responsible for maintaining and operating the wastewater treatment system will be adequately trained prior to commencement of the system. 6. A daily log of operation conditions including number of vehicles washed, make—up water used, solids stored, solids taken out of storage, equipment inspections, etc. , will be maintained. Weld County Commissioners December 18, 1989 Page 3 7. The incoming BOD to the settling pond will be monitored on a weekly basis for a one—month period following commencement of operations. , Increase in diffuser and oxygen capacity will be implemented as necessary. 8. All joints in the wash bays, the settling pond, and the manure pad will be waterproofed. 9. All concrete and steel structures shall be inspected for leaks and cracks at least quarterly. The structure should be free from solids and liquids during this inspection. Repairs should be made immediately and all repairs should be reported to Weld County and the Colorado Health Department. At the end of the fifth year of operations, a plan to leak test all concrete and steel structures shall be submitted to Weld County and the Colorado Department of Health for review and approval. 10. The make-up water supply well shall be located and constructed to preclude process water from entering the well system. The Division cannot specifically require closure and post-closure financial assurances; the inclusion of such assurances as commitments from the applicant is recommended as part of Weld County's certification. The Division respectfully requests that Weld County send a copy of the final Certificate of Designation with all conditions to the Division when and if it is issued. If you have any questions regarding this Division's conditional approval, please c Glenn Mallory at 331-4859. Sine ely, //lam/ 'G� Oil J % /� Glenn F. Mallory Pamela L./Harley, Sectio ief Industrial Hyge ' Solid Waste and Inciden Hazardous Mat rial and Management Section Waste Management Division Hazardous Materials and Waste Management Division GFM/mw/4728K cc: Lannell Curry, Weld County Planning Department Bill Lamb, B L Ventures Wes Potter, Weld County Health Department DEC2 ? 1989 1 Weld £8. P'I11 diktk ,.l'!!l'fIJ UNITED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Conservation Service Greeley, Colorado 80634 AGRICULTURE Greeley Field Office (303) 356-6506 December 11 , 1939 Mi It orr Baumgartner , F'r-e- West Greeley So i I Conservation District 4302 W. 9th St . Rd . Greeley, CO 00634 Weld County Case Number- : USR--:399 Dear Mr . Baumgartner : I have reviewed the Weld County Planning Service referral from Bd.. Ventures , Inc . for -For a Site Specific Development Plan and a Special Review permit , and a Certificate of Designation for a livestock trailer wash facility i'n the A ( Agricultural ) zone district . The parcel of land is described as part of the SW 1/4 of Section 1 , T5N, R FAN, Weld County, Colorado . The location of the parcel of land for which this app l i cat i c'n has been submitted is approximately 1 .5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Road 47 and Weld County Road 49. The plan is to construct a 1 i vestc'ck tra i 1 er- wash fac i I i ty south of State Hwy. 263 and north of the Oq i Ivey irrigation ditch approximately 1/2 mile east of Greeley, Weld County Airport . All the associated documentation for site plans are cord~ i starrt with site c':'rid i t i c.rt and characteristics , except for the manure storage area. From the drawing , it seems a concrete pad of 30 ' x 20 ' is being planned for on site manure storage . I know in the write- up it says that weekly removal of so I ids will be made , however , I would suggest. that the stor le area be enlarged to accoftb7late 2-3 weeks`'' storage to take into at c ':'ur'rf—tAver se weather c c'rrd t i oris s,.t. would preclude weekly removal due to wet frV1d conditions ;:'r- difficulty in betting to farm ' s•i !rtge sites . Without confirming calculations in the documentation , .I. cart only estimate the present designed storage site is adequate f'::'r 1 week storage . I can see no other 1-'r ='b I "'ms with the site information as proposed . 1. would recommend approval with the abu:'ve comments . '-----7"--17) ,. -- ' i Ronald D. M i l l er i rt: District Conservationist i1' i i ' Greeley Field Office .. STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor December 4 , 1989 Weld County Colorado Department of Planning Services 915 10th Street Greeley, Co. 80631 ATTN: Lanell J. Curry, Current Planner Re: CASE NUMBER USR-899 Gentlemen: We have received and reviewed an application from BL Ventures, Inc. for a livestock trailer wash facility. The proposed site has an oil well situated adjacent to its boundary. This well is called the Gatewood #11-1, NE SW 1-5N-65W, and is operated by Sunshine Valley Petroleum. Our greatest concern is public safety. We recommend that any planned -c'onstrtdtion or operation, w ' ch `is""OY w T be' adjacent""to a `m pr o"dut ittf..Tetbe?'tr r ,ir.ed-steam. eW.,�y,..w --y a' A'Q iT" 'ts 5Y15'.�. a s- se - ��uPC "f't7 a.�� Regul� at ions of the Oil and Gas Cf mmission, State of Colorado. Specifically, Rule 603 (a) requires a distance of 1.5O feet or ohe "- and . mat'>V:a5== c .w"f Thhe e is '₹ f ei, between a wellhead and any_ occupied't11 din�j --p'utlic roactrae "' td@"`rltrite a orra�a'rrria oad`. '— Rule 604 (a) (3) requires production tanks be located a minimum of 200 feet from residences, normally occupied buildings, or well defined normally occupied outside areas. Rule 604 (b) (5) requires any fired vessel, heater treater , be a minimum of 200 feet frem residences, occupied buildings, or well defined normally occupied outside areas. ,n1 DEC 61989 'Reiff Ca. ilenmmn �mmnus�anu In addition, there may be pedestrian or vehicle traffic near the wellhead and/or production facilities. It would be appropriate to rtaPkte,Leaeiag, where needed, to prevent unauthorized access or vehicle accident to these facilities. This fencing should in no way interfere with well servicing operations. We appreciate the opportunity to provide input for this Planned Unit Development. If we may be of further assistance, please contact us. Yourspy, James Kenney, Senior Engineer cc: SP, JRS, well file Doc0306J ittif DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-899 COLORADO D d�ir, Imo;; vctilU r I ,I November 20, 1989 i, 1989 f. � .TO WHOM IT MAY CONCERN: YIS LL Ybs. i ;udBMT=se"' Enclosed is an application from BL Ventures, Inc. , for a Site Specific Development Plan, a Special Review Permit, and a Certificate of Designation for a livestock trailer wash facility in the A (Agricultural) zone district. The parcel of land is described as part of-the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado. The-location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Road 47 and Weld County Road 49:' 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 December 4, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ 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. VEST RN HILLS i_ Y . riON Di5` . Agency: 3804 Cherry Aw , G. C„ 355 ;<2,1 Date: II -3O - 8s K+`rTfifi`" DEPARTMENT OF THE ARMY jOMAHA DISTRICT, CORPS OF ENGINEERS { C:!!!!"t ROCKY MOUNTAIN AREA _ 2860 S. CIRCLE DR.. NORTH BLDG.. SUITE GL 10 COLORADO SPRINGS, COLORADO 80906-4188 �� REPLY TO ATTENTION OF November 30, 1989 Platte River Resident Office Lanell J. Curry Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Ms. Curry: The proposed livestock trailer wash facility, Case No. USR-899 on behalf of BL Ventures, Inc. which will require the filling and adverse modification of approximately .56 acres of wetland located at SW 14, Section 1, T-5-N, R-65-W, Weld County, Colorado has been reviewed by this office. Based on the information provided, this office has determined that proposed'Vbtt 'i5 authbffled' by the" .l a3Ei"m€fib"off the A₹iij; tat-tonwfde Permit fd sttd* at , �tT rat `S a�ritr Enclosed is a fact sheet which fully describes this Nationwide Permit and 1 csa,t m: est T' #t# -wbratIr- st—im--adheted Lo,frarAiiamwe dten°ride oc'I o retdatn-"selids Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal, State or Local Permits be obtained as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. 3}1sao ..,,:swa_tasys:,, E;.. evi'd"e`n`t t'rg£ eitFierdn"`"emdeegored.,,spacia.c,„. we -:v.'Ytswioc l*4ew4 4.cLturf aseittr 'wt ft 'Ste r ra`rerehles"" 0111Ce,,::.imust"te- tosedesewl, 4.etfftett:°..— The verification of this nationwide permit authorization is valid until November 30, 1991. If there are any questions concerning this matter, please feel free to contact this office or me at 303/979-4120 or 4121 and reference Nationwide Permit Number CO-89-155. Sincerely, cc: Terry McKee Permit Files Environmental Resource Specialist Omaha Permits Branch _ Colorado Department of Health 1 U.S. Fish and Wildlife 114I Environmental Protection Agency 1989 p` �� Colorado Division of Wildlife )L r,, Vic` CFR 4cctiore .7.0. C Nationwide Permits (a) Authorized Activities. (2 6) Discharges of dredged or fill material into non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters: and other non-tidal waters o1 the United states, including adjacent wetlands, that are not -part oP a surface tributary syotem to interstate waters or navigable waters cif the United States i .e. , isolated waters) , except those discharges which cause the loss or substantial adverse modification of 10 acres car more of such waters rs of the United States. For discharges which cause the loss or substantial adverse modification of 1 to 10 acres ❑f such waters, including wetlands, notification to the district engineer is required in accordance with .3 CFR Section. =0. 7. 7. (b) Conditions: Thm--Following special wher m app c.ble` must be complied with fee-the Nationwide Permit authorization to remain—valid: - 1 . That any discharge of dred•^rd or fill material will not occur in the prcimit;: of a public water supply intake. (2) That any discharge of d;-edged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by 33 CFR Part ,730.5(a) (4) . (3) That the activity will not jeo+pardi::o a threatened or endangered species as identified under the Endangered Species (pct (ESA , or destroy or adversely modify the critical habitat o•F such species. (4) That the activity shall not significantly disrupt the movement o•F those species a- aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water) . {5) That any di scharr a of dredged or fill material shall consist of suitable material free from tc:;ic pollutants (see Section 307 of the Clean,#fatte Acts) in toxic amounts. (i,) That any structure for fill authorized shall be pr epos-ly maintained. • (7) That the activity will not occur in a component of the National Wild and Scenic River System: nor in a river officially designated by Congress as a "study river" f er possible inclusion in the system, while the river is in an official study status. (U) That the activity shall not cause an unacceptable • inter ;erence with navigation. 01,,, r.,-! c.cr I f'; F' " 1989 • wrtt: (9) That , if the activity may adversely affect historic properties which the National Park Service has listed on , or determined eligible for listing on , the National Register of Historic Places , the permittee will notify the district engineer. Furthermore, that , if the pr_rmittee before or during prosecution of the work authorized , encounters a historic property that has not been listed or determined eligible for listing on the National Register , but which may be eligible for listing in 'the National Register , he shall immediately notify the district engineer. (1O) That the construction or operation of the activity will not impair reserved tribal rights , including , but not limited to, reserved water rights and treaty fishing and hunting rights. 33 CFR Section 330. 6 Management Practices • (a) In addition to the conditions smecified above, the following management practices shall be fellowed , to the maximum extent practicable, in order to minimize the adverse effect of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend , or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis pursuant -to 33 CFF: 330. 5. ( 1 ) Discharges of dredged or fill material into waters of the United States shall be avoided or minimiz ed through the use of other practical alternatives. (2) Discharges in spawning areas -during spawning seasons shall be avoided. (3) Di scharcie s, shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters) . (4) If the discharge. creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction o-; its flow shall be minimized. (5) Discharges in wetland areas shall be avoided. (6) Heavy equipment working in wetlands shall be placed on mats. (7) Discharges into breeding areas for migratory waterfowl shall be avoided. (S) All temporary fills shall be removed in their entirety. • 10± Irye, ,_ ;;L; 1 I:::pi__D JAEL'ER, MANAGER • ` M.. ;ill UNTY RI al ALITFIC:IRITY likL I:_.L_t 'r , I_.1O 81)6.''.1. DEPARTMENT OF PLANNING SEHVIUES PHONE(303)356-4000,EXT.4400 L L ifr'1 S°1 (�VP� 15 10th STREET ): F_^ ( \ GREELEY,COLORADO 80631 C. r 1 9969 I! CASE NUMBER USR-899 COLORADO vivo cr. 01,f$I;,;L :,=Obi 10 November 20, 1989 it WHOM IT MAY CONCERN: Enclosed is an application from BL Ventures, Inc. , for a Site Specific Development Plan, a Special Review Permit, and a Certificate of Designation for a livestock trailer wash facility in the A (Agricultural) zone district. The parcel of land is described as part of the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles -cast of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Road 47 and Weld County Road 49. 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 December 4, 1989, so that we may give dull consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it _does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: _ 3. V 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.— — e se refer to the enclosed letter. Signed: Agency: s 7- bZ� /�// 4/gla Date: /7/79/k9 / STATE OF COLORADO DIVISION-OF HIGHWAYS ,.-�^•^• ti�NT os yxn Selass P.-C. Box 850 "gg Greeley, Colorado 80632-0850 (303) 353-1232A�1rz' �Wx on,CO`s November 28, 1989 Weld Co. , S.H. 263 BL Ventures, Inc. Site -Specific Development Lanell J. Curry, Planner Plan A Special Review Permit Weld County Planning Department 915 Tenth Street DOH File 45100 Greeley, Colorado 80631 Dear Ms. Curry: We have reviewed the BL Ventures, Inc. Site Specific -Development Plan, and we have the following comments: 1. Projected traffic on State Highway 263 indicates the need for a 150-foot total right of way, 75 feet each -side of the highway center- line. Since the existing width -along this property is 400 feet south of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by Bounty regulations. 2. The information presented indicates that no -speed change lanes -would be required for the indicated level of use of the proposed development. The access to the parcel would require an access -permit. The 35-foot access with 50-foot radii as shown on the Site Plan, would meet the requirements of the permit. Our comments on state highway access are based on the information _presented for this property only. If the property owner has any interests or ownership in adjacent property along the highway, this information should be provided since it may affect our comments. 3. The Site Plan indicates that a new utility line or connection is _proposed within the state highway right of way. -Prior to any such utility work, Mr. Henry -Rangel of this office should be -contacted at 350-2111 regarding the need for a Utility Permit. Thank you for the opportunity to review this Site Specific Development plan. Please contact me at 350-2163 if you have any questions. p hi 0)g,41T\ry) Very truly yours, J ( „ igVg j DOUGLAS D. _RAMPS ` 4V 3 " f DIS'1'HICT ENGINEER WeldOo- Phothne wImnuS.eru,- -Evan A. Hooper, Jr. EAH:smw cc: L.D. Yost Development/Access Coordinator Area Foreman File: Hooper via Crier 111EMORW1DUM WI lanell Curry, Planning November 27, 1989 To Date Drew Scheltinga, County Engineer COLORADO From BL Ventures, Inc. , USR-899 Subject: Access onto this site mill be made from State Highway 263. Therefore, the Weld County Engineering Department will not address access. The State Health Department has specific regulations regarding drainage and storm water retention for this type of facility. Those regulations differ somewhat from the Weld County Subdivision Regulations. Therefore, I recommend differing drainage and storm water retention to Health IDepartment Regulations. However, a should note the submittal narrative briefly discusses storm water, but no calculations have been supplied. Also, the site plan does not reflect how storm water drainage is to be handled. t . 4_ DLS/mw:prblvent cc: Commissioner Lacy Planning Referral File - BL Ventures, Inc. , USR-999 (;:f D_EPARTMENT OF PLAN NIN-G_SERVICES 4 L, aJ f (1 ,1�'t) ' � !r,., ,-1 PHONE(303)356-4000,EXT.4400 r. I - - ! - � I � 91510th STREET f��9 �� GREELEY,COLORADO 80631 milc -Weld Cu_ F1apuo6 a1,01b4 ,, LASE NUMBER USR-899 COLORADO November 20, 1189 TO WHOM IT MAY CONCERN: Enclosed is an application from BL Ventures, Inc. , for a Site Specific i Development plan, -a Special Review Permit, and -a Certificate of _Designation for a livestock trailer wash facility in the A (Agricultural) zone district. The parcel of land is _described as part -of the SW} cof -Section 1, 'f5N, R65W of the 6th P.M. , Weld County, Color-ado. The location of the parcel of land for which this application -has been submitted is approximately 1 .3 miles east -of the City of Greeley; south of Highway 163 (East 8th Street) , between Welt County Road 47 and Weld County Road 49. This application 3s 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 December 4, 1989, so that we may give full consideration to your recommendation. Please -call Lanell ,T. Curry, Current Planner, if you have any questions about the application. Check the -appropriate boxes below end return to our address listed above. 1. We have reviewed this request and find that it dues/toes not) comply with our Comprehensive Plan for the following reasons. 2. We do tot have a Comprehensive Plan, fiat we feel this request (is/is -not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and fiat -no conflicts with our interests. 4. A formal recommendation -is under consideration and will be 1 submitted to you prior to: 5. ✓ ('\P1-ease refer to the enclosed letter. Signed: CJ v\G f l G S G,d Agency: w I Id Ii Date: !lilt 1`r STATE OF COLORADO Roy Romer, Governor REFER TO DEPARTMENT OF NATURAL RESOURCES OAD, DIVISION OF WILDLIFE AN-EOUAL OPPORTUNITY EMPLOYER Perry D.Dlson, Director Jam'' ft' 6060 Broadway Denver,Colorado 80216 Telephone:(303)297-1192 Larry Rogstad, District Wildlife Manager November 22, 1989 1528 28th avenue court Greeley, Colorado 350631 Lanell J. Curry, Current Planner Weld County Department of Planning Services 915 10th street Greeley, Color-ado Pear Lanell Re: Case Number USR*899 The Division of Wildlife has reviewed the application for a truck wash, and made an on site inspection of the property. We would like to suggest the following: The area proposed for this development is adjacent to -the Cache La Poudre river. Consequently, there are -a great many wildlife species that may be found through- out the year, in the bottom land and the associated pasture -and irrigated fi-elds. The entire stretch along -Highway 263 between the -airport and Webster feed lot is a major use area for mule and white-tail deer. Furbearers including: racoon, lox, coyote, and skunks are also commonly -found in this area. A variety of rodents and other small mammals sin be found in the small bluffs southof the highway. Raptors that rely on the small mammals are frequently found perching in trees in this area. The deer in -this area tend to have large-scale seasonal movements between -the river bottom and the irrigated fields north of the highway. This is evidenced by increased roadkills in late spring and early fall. However, deer can be found wandering through the area at any time. Consequently, any development in this area south of highway 263 could have a negative impact on deer movements. The application mentions -plans for a total perimeter fence around the development. Installation of the wrong type of -fencing _could very significantly _change the move- ment patterns of the deer herd and other mammals using this habitat. The fence may act -as -a 'funnel", increasing roadkills for deer and other wildlife. It could trap deer in the fence itself. Deer and other -animals could become trapped within the compound. The fence could also trap tumbleweeds and other blowing trash. That would increase maint-enance and the threat of _fire. For these reasons, careful consideration -should be given to the choice for fencing the perimeter. The best choice of fencing, from a wildlife standpoint, would be a -three strand, barbed wire fence. This fence would exclude livestock, delineate boundries, and allow -the free passage of wildlife including deer. 1 have included a design ek-etch for such a fence, -taken from the Wildlife -Techniques Manual, of The Wildlife Society. In several -studies ,this design has proved-functional for excluding range cattle while allowing deer movement. The keys to the design include: a minimum 16 inch height from the ground -to the first strand to allow passage of fawns under the fence. A DEPARTMENT OF NATURAL-RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L. Freidenberger, Vice Chairman-. William R.+iegberg,Secretary Eldon W. Cooper, Member • Rebeccal. Frank Member • Dennisluttrell, Member • Gene B. Peterson, Member • Larry M. Wright, Member ten inch separation between the three -strands to create adequate fence height for managing cattle. A smooth top wire will allow hung up deer to free themselves with less -injury. Twist stay-s will decrease the possibility of deer becoming twisted in the -top two wires, and will create a rigid fence that is easier to twist out of. If chain link, woven wire or wire mesh fencing is necessary it -should be a minimum of night feet in height. Ideally, the mesh should extend the full height of the fence. If economy is necessary, two or more strands of nine or ten guage -smooth wire can be stretched at four to six inch spacings bove the mesh. Six by -six inch mesh will allow samll mammals to pass through. Chain link or finer mesh fences should be installed with a four inch gap between the ground and the bot- tom of the fence to allow the free passage of small animals. Large depre-s-sions between -posts should be filled or fenced with barb wire. Deer will crawl under fences with 12 inch gaps, and become trapped in the compound. As an extra pre- caution, the fence could be installed with at least one one-way deer gate to al- low -trapped deer -to get out. Finally, it should -be mentioned that mesh fences trap -tumbleweeds and trash. The plans for the truck wash-indicate that the development will be -north of the Ogilvy Ditch. If this i-s the case, it may make sense to fence only the compound. The south fence -would be installed along -the north bank of the ditch. By fencing only -the work -area the developers could save money, avoid the problems found-in trying to fence an irrigation ditch and the access road, and it would maintain the continuity of the _river bottom area. The Division would make the following suggestions with regard to plantings and vegetation manipulation: Trees removed during construction be replaced in kind on a minimum of one for one basis. The applicant consider a -combination of Russian Olive, and Wild Plum in their landscaping. Other species can be considered in the design. The use of Wild Plum will increase the available food for wildlife and -people. The applicant -should consider installing the trees using h mil plastic or weed barrier with -a mulch ground cover. This method increases survivability of young_plants in poor soil and reduces plant maintenance and care. The applicant should consult a nurseryman or -the S.C.S. prior to planting to find out what _soil enhancement is necessary to insure the survival of _plantings in the poor -soil found on _site. Grass seeding should be considered in -areas with low traffic. This might -decrease blowing dust in -the area. -The S.C.S. can recommend suitable mixtures. The Division can supply plans for one-way gates, -and instructions on low maintenance planting methods, on request. We would also be happy to discuss any questions the applicant or the Planning Department staff may have. Sincerely yours, Larry Ro stad Enc. '.-,/,, f Ei t W 1 n e 9ti fir. ,,.. y Ea- k 4m! :1{ °t tt 5+ �i 15• : 'w i 5 Cis- ,' 1 x e ;-r c�• ,f <I *. l'44 da } G n...r 41 .r s n +d 4 't "rt tie''e x ha•'.'RA�i5} e�4 r^r.^.�+ikKF'f 1 • r 4 fF .:; a,” Y, '� �F" �, � f, 5trr- _ .__ , �.eL'v_•. Dc' . .. .nab-.�'a.n' _......:?ap .- .y __- _ - - i 394 n ' -_- TWIST-ED WIRE -STAY r( —.N. Fi WIRE 36° I:: _° rd vo RI t r t t RI 1 r Li r •r Pi u lii Fig. 20.71. Recommended specifications lur construction el bathed wire fence lilt cattle control allowtutr doer access. against larger deer (Fig. 20.-12). (leer mutually will not around thereby allowing legs, the stays make a more rigid wiggle jump a 1.&m Fence for foul,hut if pressed they call jump +It out oft eti the animal a hotter chance to wiggle a 2.4-mil fence on level ground. When fences are located '`� out of the fence. ground, it may he necessar% to build them 3 on sloping t r l nr or 3.3 an highgum(' cgai ist deer junmping from t Managers should recognize that these fence s tecifics- s to lions are adequate to_control livestock for open range above. Woven mesh wire is preferable for the lull height of uvucent fi lds of lush, prefkerred icedconc boU de around water i- the fence; if ctounun is lit ccssary 2 or more strands of adjalolls will fields of lush, and n t Iowa ice these spechow- Cons be minimal and not always adequate; how- 9- or IElguage smooth woe can lie stretched at 10.2- to li 15,2-ti +patinas abuse a I,.rum li h wile. is no there most range fences do not lace applied ore clad es advantage in using b.irht d vet n• for this purpose,and it is therefore the causer (leer can be merplicd in more cases unit costly. Welded mesh were is less ospensiv e than than not. Because deer charactutaicnlly jump over i woccn, but it is loo geld to coulotiii readily to tr- a smooth and lice would decrease e entangled Ice in the lop wire, mound snrince and is most useful on .t smooth wire mould physical injuries. e en ni in the g gauge is not we- ll I e%c n ground. Afire lighter than 121/2 S• 4 . i 'fwo fences were tested with these s xulicatrnns in ,,iono ucttticel. A t rtic,tl stays should not be over l i.2 to Nevada for the past 6 years. In each case, the rote 20.3 emn apart .uul law wires not n%er 10.2 to 15.2 cm {' adequately controlled livestock and decreased the into deuce of deer entrapment. Based upon info)'nation :gruT. Because doer will crawl under a fence vvhur pos- ' t^ sable, mesh wire should lie serrate and kept close to ail gained from this field toc management study, other fences ground level. :Au oslru strand ul barbed wire stretched pptp: with these specificationslgavit control livestock on inspu) monad will milli pa•scut them from crawling j . ,d taut deer ranges h.rve been eni nt niclt d an western ',don{( the }. fF rangelands by the C.S. Bureau of Land Management. under. In ;lily depit'5sutns between u punts, wire smutJ(- be staked firmly to the ground or de ptcssiuus should bt If FENCES FOR CONTROLLING DEER filled with materials winch will not deteriorate or sl t t yi`. Properly constructed fences can provide good proh•c- away. A 0.9- 1.2-m piece of angle-iron post makes a :� tion against deer depredations to various agricultural ranges, and areas of good permanent slake to hold wire close to the ground. crops, Woode timber rte mrilductionh r(Longhurst ation let al. 1962). Although pending ion ias steel posts and costs.e s V\'oodene Ipo is :a It f reproduction usually somewhat cheaper,with sawed ones being toot oice de the initial cost of installation of fencing for depredation conr,cit-i 212.7 cm across If tenet necessary, is often highnse and ill ny ca maintenance is expensive Ih;ul split posts.Their dimensions at the cue. necess;u�, the expense can, many cases,be justified. should not be less than lQ� to Fences car pro%ide economic .rtoteceou against dam- ate to be noised loam time to tine ,steel posts tire preie able because tit tin lnititer case vs ill, w lath tat v caul ,toe that deer lso being tc histr %aloe coops. Deer eoulro1 installed and rentsv ed. Steel posh tan lie porch veil it Icncgn .lie deer 1 being constructed hinge for the purpose of N pis:T-shiupcd. l nun i 1,.sill:uislt .The'I t pea is nu j rotating use of forage in hinge pastilles on untied I n nil and is petbaps prcicrahlc- vvilh cLanncl nest .r. winter oat s in G.stances t theC prigh t and Aoat noel ha. .tingle last in ender ill stow natic, prices ids() dt crease F'�� Under most circumstances upright style of fence has 7 r ;Kt:. proven most satisfactory,but under some conditions the that order Posts staged pu.cndly be set about 3 to 3. slanting fence is cheaper to constrict and is advauta- apart,but extra posts inati. be 1t cc sway to hold the w 5 ',; genus because of its lower height. Speeilieatiuns lilt to the eoulonr of run vt n ,round When building tic both fence types are presented here as adapted from steel posts it is ohon ,tdssable to intersperse them n • Luughursl e1 Al (1962). Thew"' 'd electrical Is uccs has wooden posts in older to slot il thou the fence-• twill is hi �i nl I punle' is the uppri �ti li J .vi oil en Ili l' I Loin a Wild icclniitlnt• nsid In .1 litn'ucd d i _/� v , hues i i import Indic tali i- Hopei i rl bat(-n iq'.de alone le nri I' habitat control. In give ...nth, nail .I,.,neIh. Wood( n tuna r post, shit _._..I i tt I.,_,t i . Ill -e'urss WC grail' Oil an' prifi'r,ibl TOWN OF KERSEY 332 THIRD STREET TELEPHONE POST OFFICE BOX 67 03031 353-1681 KERSEY, COLORADO 80644 January 5, 1-990 Lanell Curry Current Planner Weld County Department of Planning Services 915 10th Street, Room 342 Greeley, Colorado 80-631 Dear Ms. Curry: The Kersey Planning Commission recently discussed Bill Lamb's proposal for a trailer wash nut facility on Highway 263. Although this facility will be outside of Kersey' s future land use planning area, the Planning Commission would like to relate their -position of "no opposition" to this proposal . Sincerely, I T77 A fnC.k_'�_ 4 :; y D. Holder CMC Town Clerk 11-11151,[61::%'11-(1:705-1—if di k, field co. Plurnrrpa! &auras:lu. Cnkmulds I+aVffi OPPOilunihi • a flair A Illraara War:: - 'I CEC 1 2 1989 CREEL Weld Co. Planning CmnmiS510U December 11, 1989 Re: Bill Lamb Trailer Washout Facility East of Greeley To Whom it may concern: I have had an opportunity -to review the plans and proposed location for the above captioned -facility on property located east of -the Weld County airport. Both the proposed location ant the facility are in my opinion, logical and well planned. There is definitely a-need for -this agri-business, serving truckers transporting livestock in and out of the area. Obviously, the live- stock business is a very significant part of our -County's agri-cul-turally based economy. . . and this type of service is needed. The design of the facility meets any reasonable standards, and -the proposed location makes sense based An other nearby uses (or probable future user) . I urge the appropriate local authorities to recommend and approve Mr. Lamb's plans and anew him to proceed promptly with the development of his facility. n 1 1 �.1\,1=v,... 1,d h441, it James M. Katlecek CREEL EY/WELD ECONOMIC DEVEI.0PMENI E4U7-Atli An'mu lii C-i'l .tu<'-'0_t C reulcy,Colorado 80631 303[352-4566 :8,1-..', PLANNING COMMISSION SUMMARY SHEET ITEM: Weld County Referral — Use by Special Review PROJECT: Truck Washout APPLICANT: BL Ventures, Inc. LOCATION: 1. 5 miles east of the City of Greeley, south of East 8th Street, between Weld -County "toad 47 and 49 EKIBTING COUNTY ZONE: Agricultural BLANNIVG COMMISSION SEARING DATE: December 12, 1989 PLANNING COMMISSION FUNCTION: To recommend to the Weld County Planning Commission on development conformance with the City of Greeley's Comprehensive Plan. PROJECT OVERVIEW: * Overlay Zone Airport Overlay District (Runway Critical Area) * Existing Use None * Parcel size Approximately 8 acres * Operating Hours 7 : 00 a.m. to 6 p.m. * Number of trucks per day 10 - 20 * Number of employees 2 — 3 * Water provider N Weld County Water District LAND -USE OF ADJOINING PROPERTY North -- Agricultural, Residence 2 , 000 Feet South -- Vacant, Agricultural , -Residence 2 ,300 Feet East --- Industrial, Residence 2 ,700 Feet West --- Airport and Industrial BACKGROUND: The petitioner tat a contract to purchase land approximately a and 1/2 miles east of the Greeley City limits o h- of East 8th Street. a �l 'r' n,IC LIM ' t DEC 131989 Weld Co. Maine awl* The proposed use is a livestock trailer washout facility. Currently there is -only one commercial trailer washout facility located inside the City limits. According to the applicant, the lack iof adequate facilities, particularly in light of the proposed agricultural facilities near Kersey, creates a significant demand for this service. The truck wash uses a water recycling process which begins with the effluent going to a holding tank where the solids will be removed and piled. Once a week the pile will be removed and spread -on nearby faxnib or pastures as fertilizer and soil nutrient. She water then goes to a settling pond which is aerated for odor control. The water is then pumped into further aeration tanks for additional odor control. The water is eventually drawn off and recycled in the truck wash. \ Weld County Environmental Protection Services (EPS) does not have a scale for measuring odors; however, Wes Potter the EPS I Director, indicates that the facility as proposed, if it is properly operated, will produce dramatically less odor than ) truck washouts using conventional methods. The projected starting date is March, 1990 . PLANNING REVIEW COMMENTS: 1. Sewage disposal for the office will be handled by a septic system. The septic system will handle only the office. 2 . The property is located outside ofthe City's long Range Expected growth Area and the Mid-Range Expected Service Area. 3 . -The site is vacant and has not been used for farming due to its size and location. According to the Greeley Comprehensive Plan of 1986 the property borders prime (irrigated) and high potential dry cropland (if the land becomes irrigated) . 4 . Specific design issues are not addressed since the proposal is outside the City's long Range Expected Growth Area. It is the practice of the City -of Greeley Planning Commission to review a Weld County request principally for its conformance with the City's Comprehensive Plan policies. The applicable Comprehensive Plan policies are as follows: Comprehensive Plan Policy 3 .1 _Industrial development is encouraged to be located in areas where conflicts with other land uses are minimal and which have rail access and/or close proximity to expressways. Staff Comments: • The applicant contends that this facility will have very little adverse impact. a truck wash out facility using a less sophisticated system has recently been permitted in the City south of 8th Street and east of ash avenue. The proposed site would -have access from Colorado State Highway 263 . although it is not in close proximity to the expressways (U.S. 34 and -U.S . 85) . The truck washout will be serving a 25 mile radius of the Greeley area. Comprehensive _Plan Policy 3 .3 .2 Industrial development tha s n�high_ impact-agri-cu-lt ral nature that generates significant negative external impacts is encouraged to, were practical, . . .be located loutsideiat _the_C-ity's Long Mange Expected Growth Area or w1 the City's planned industrial area. (Planning -Staff Note: These policies should be reviewed in proper context which includes a review of associated goals, objectives and issues. Rleaz e s ttached gages- -III 8-22 and--I-II--B-23 from the City's _.1-986 Comprehensive -Plan. Staff Comments: A truck washout is normally associated with high impact agricultural uses. Since the proposed recycling system is the first of its kind for truck washes, the -exact level of impact is_nct_ciear. If, due to its odor control , the use as proposed will net_be -of a high impact nature, then the project_should be located_ within the_City's planned industrial area, rather than in an agricultural zone outside of the City's Long Range Expected Growth Area. the use wfl -be_-o€--a_high impact _nature, Staff recommends that e use be further distanced__from_the City's Iona Range Expected Growth_Areai-n ord to minimize conflicts with existing and ,. otheL potential--uses. Comprehensive flan _Policy 4.2 All development is -encouraged to enhance the visual appeal of the City with a special emphasis on the City's principal thoroughfar-es, -entryways, and activity areas. Staff Comments: As Colorado Highway 263 is a principal -entryway into the City, measures should be taken to screen and landscape the frontage of the property as per the Weld County Landscape Guidelines. r7 Comprehensive Plan Policy 5.3 . 1 When developing in the vicinity of the Weld County Airport, industrial and low intensity recreational uses may be permitted in this area if safety and noise issues are fully addressed. Staff _Comments: The proposal is located in the _Runway Critical Area. None of the proposed structures have been identified as-an obstruction by the FerQral Aviation--Administration and would not be a hazard to air navigation. Additionally, in discussions with the Airport Administrator it appears there is toob-j-e_ction to this_use--giYen._the_1ow density of_ people per acre. ADMINISTRATIVE REVIEW TEAM COMMENTS: The only additional Staff comment was the recommendation by the Fire Department for a fire hydrant capable of providing a minimum of 1,500 gallons per minute. (Note: There are no water lines near the proposed site that can deliver near that level of fireflow. ) ,LT PLANNING STAFF RECOMMENDATION: " ci Recommend denial. The recommendation is based on the Greeley Compr hen 've Plan's intent to have industrial uses locate within th City. s planned industrial area and neat_the expressways. -It i the Plan's intent as well, that '-tdustrial use>�cate n-Par similar _or compatible uses rather than allowing potential industrial strip development on agricultural progerty outside of the City's Long Range Expected -Growth Area. If, in the alternative, an industrial use is not appropriate within the City limits, it should be_located_ far_enough_ away^from_the City's _ Long-7R-ange Expected Growth Area to minimizes conflicts. wi₹&&xisting_and other potential uses within the Long _Fange -Expected Growth Area. 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O 01 i- to-O #)-a1 m A a1" a) m r4 Was 4) C 0) 4.i U ' O O1 C Cat >..0 . +4 .0041I1) 00 L 3. L C 0 U4 +/ a W 04 01 C 43 01 0! C' 07 V S.. W W >4 3 O C O 3b) O > 'O L 'O 07 ri ) C CO C O. C r1 e W 07 W W "4 W 00O1M r.1 e - 0) rl CW A, W -C O C 10�r1 W M C CO- L A -,4 -L. W m e —4 W as • . W y Cb O .C .0-ra m ttLJJI .0 4) 700O rl 4) O y 0 0 1 a .. 4..i ..i W Y0 sI �t C W a1 0 a s H Le W .r .i C W 03 ..1 \0 H 4.4 ri ,-4l W W T -1 U L e •i c 47 W W .1 Wa121 O c CO .ra L�C 01 co .>i W 'O h 0080.3 ", 4 0 r W 7 a lam 7 y 07O N D� HH C . DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 I 915 10th STREET GREELEV,ICOLORADO 80631 CASE NUMBER USR-899 COLORADO November 20, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from BL Ventures, Inc. , for a Site Specific Development Plan, a Special. Review Permit, and s Certificate of Designation for a livestock trailer wash facility in the A (Agricultural) zone district. The parcel of land is described as part of the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 .5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Road 47 and Weld County Road 49. 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 December 4, 1989, ao 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 snd 'return to our address listed above. 1. We have reviewed this request and find that it _ does/does -not) comply with our Comprehensive Plan for the following -reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. 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:_ Agency: Date: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 WliDc. COLORADO NOTICE -OF PUBLIC BARING The Weld County Planning Commission will hold a public hearing on Tuesday, January 23, 1990, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan, Certificate of Designation, and a Special Review Permit for the property described below. Approval of the request may create a vested property -right pursuant to Colorado Law. APPLICANT: B L Ventures, Inc. LEGAL DESCRIPTION: Part of the SWi of Section 1, T5N, R65W of the 6th P.M. , Weld County, Color-ado TYPE AND -INTENSITY OF PROPOSED USE: Livestock Trailer Wash Facility in the A (Agri-cultural) _zone district LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County -Roads 47 and 49 SIZE: 8 acres, more -0r less The -public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, _Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above -date or presented at the public hearing on January 23, 1990. Copies of the application are available for public inspection in the Department of Planning -Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Color-ado 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by January 11, 1990 Received by: j t _(),,c_ Date: �Lrt 62 O 900179 S..1..;',;.TE OF COLORADO COUNTY OF WELD 1, DavidB. Reynoldts, being duly sworn , says that he is publisher of the New News , a weekly newspaper published in Kee nesburg in said County and State; that said newspaper has a general circulation in said County and h a s. been continuously a n d uninterruptedly published therein, during a period of at least fifty—two consecutive weeks prior to the first publication of the annexed NOTICE OF PUBLIC HEARING notice; that said d newspaper is a The Weld Counmission will t Plan newspaper within the meaning of the pC°'�in , January ss, 19Y0, ai 1%3 p.m. & thePpur�plooeeee act of the General. Assembly of the of a Site Speciftir State of Colorado, entitled "An t=act:. enniDesk�p `�a'S� a ieN to regulate the printing of legal. � vdesc� advertisements, ".� c•..`.•r.;•S"'-•C v aa& creAattepa'oav veatedhe QCOperty notices a n d «d a e r t i s c�me n t s , 11 and ri • to Colorado La I. amendments thereto; that. the notice LEGAL D rs as the SW1/4 Section 1,-111 W of which t h e annexed i.s a printed of the 6th P.M., Weld County, Colorado copy taken from said newspaper, was TYPE ARID INTENSITY OF PROPOSED USE: Livestock published in said newspaper, and in Trailer�l pWscaas1h Facility in the A the regular and issue of IACATI )torteroxi entire't:i r'1_� ON: Approximately 1.5 every number miles east of the-City of Greeley thereof ,e r to o f , once cl r'` earth , Meg !83 (East �y o't.13;Fr week for / weeks; that said befaeen Weld County Street), Roads 47 and 49 i acres,more less notice w a s so published in said bearNg Nth`he held m the Weld Casty Commissioners' newspaper proper and not in any Heating Roam, first Floor, Weld County Centennial Carder, 915 supplement thereof , and that the Tenth Street, Greeley, Colorado. Comments or objections related to first publication of said notice as to=tuts! e t weid aforesaid, was on the County Departme7 a Planning ySe�rvices,915yTenth , Room before Gthe#boys presented day C:i f _ .7,44_(, U.::.._.. ........._.__..._s 1.9'�t->, at the public heating on Januar 23,1990. and the last othe l Copies of the application are available for public inspection in the Department of Planning / .cv_, ,c Services Room 342, Wild County day f 1 r-cam 1 Cr' ;, Center 915 Tenth Colorado 60&il - Phoa Extension 4409.(1 ba one ) time C -.. ._.. vf amity 4,nit The New News 0. Subscribed arrc:i sw;.3 Ti to before - 1.... e.._eZ C.: j _ e�z�S.c ME this r�_ day of .. _ .. 19817'. Not .y Public y ---- N'y 'commiss i.on a� pire s --. 2-9C) U I� 'L.n ii f--.•', - , I � i 1` JAS! 1 1 19 L !I ,'_tip _ L CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #USR-899 for BL Ventures, Inc. , in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 19th day of December, 1989. �..\,�.. . . o®A1 TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, January 23, 1990, at 1:30 p.m. in the County Commis- sioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-899 APPLICANT: BL Ventures, inc. REQUEST: A Site Specific Development Plan, Certificate of Designation, and a Special Review permit for a livestock trailer wash facility in the A (Agricultural) zone district LEGAL: Part of the SW} of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of the City of Greeley; south of Highway 263 (East 8th Street) , between Weld County Roads 47 and 49 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 9v MAILING LIST BL Ventures, Inc. USR-899 Noffsinger Manufacturing Co. , Inc. P.O. Box 488 Greeley, CO 80632 PG Bird Farm, Inc. 12150 East Briarwood Suite 200 Englewood, CO 80111 Newport Exploration, Inc. 44 Inverness Drive East Englewood, CO 80110 Coors Energy Company 14062 Denver West Parkway Golden, CO 80401 3/ta,ict, Q;f D B , ,z /Y lid-O /2t,c- O a [ (0 O 7( 7 EXHIBIT "A" AFFIDAVIT OF INTEREST OWNERS NINFRALS AND/OR SUBSURFACE Application No. Subject Property Part of the SW;, Section 1, Township 5 North, Range 65 West, Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names 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. Ken eth F. Lin #7 92 The foregoing instrument was subscribed and sworn to before me this 13th day of November , 19 89 , By Kenneth F. Lind WITNESS my hand and official seal. My Commission expires: O,242/91 Notary Pu lic OWNERS OF MINERALS Noffsinger Manufacturing Co . , Inc . 500 6th Avenue Greeley, CO 80631 LESSEE Newport Exploration , Inc . 44 Inverness Drive East Englewood , CO 80110 Coors Energy Company 14062 Denver West Pkwy. Golden , CO 80401 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the SW1a, Section 1, Township 5 North, Range 65 West, 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 applic submi ate. e eth F. ind 7792 The foregoing instrument was subscribed and sworn to before me this 13th day November , 19 89 , by Kenneth F. Lind WITNESS my hand and official seal. My Commission expires: 8122/4/ (%^� und i /off• &-e n1 4, Notary Pubi ic 7 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY ASSESSOR'S NAME STATE & ZIP CODE PARCEL I .D. # Noffsinger Manufacturing P.O. Box 488 96101000115 Co. , Inc . Greeley, CO 80632 Noffsinger Manufacturing P.O. Box 488 96101000083 Co. , Inc . Greeley, CO 80632 Weld County 915 Tenth Street 96101000089 Greeley, CO 80631 PG Bird Farm, Inc . 12. 150 East Briarwood 96101000117 Suite 200 Englewood , CO 80111 (11141 P DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 in Il �i COLORADO November 29, 1989 Mr. Glen Mallory Solid Waste and Incident Management Section Hazardous Materials and Waste Management Division Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Re: Certificate of Designation application by B.L. Ventures for a livestock trailer wash located in part of the SW} of Section 1, T5N, R65W, of the 6th P. M. , Weld County, Colorado. Dear Mr. Mallory: The application for a Certificate of Designation by B.L. Ventures has been presented to your office in advance of setting a Planning Commission hearing date to allow an adequate time for review. Please forward a recommendation to the Department of Planning Services' staff on the Certificate of Designation application by B.L. Ventures. Please call if you have any questions. Sincerely yours, Lanell J. Curry Current Planner LJC:rjg 960179 Ati\ic DEPARTMENT OF PLANNING SERVICES ' PHONE(303)356.4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 COLORADO November 20, 1989 BL Ventures, Inc. Attn: Bill Lamb 4101 West Service Road Evans, CO 80620 Subject: USR-899 - Request for a Site Specific Development, Special Review Permit, and a Certification of Designation for a livestock trailer mash facility in the A (Agricultural) zone district on a parcel of land described as part of the SW} of Section 1, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Lamb: Your application for the Certificate of Designation, Site Specific Development Plan and Special Review Permit are in order at the present time. I will schedule a meeting with the Weld County Planning Commission after the Certificate of Designation has been reviewed by the Colorado Department of Health. • It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for its review and comments. Please call Greg Fleebe at 350-9782 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. 900179 BL Ventures, Inc. November 20, 1989 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, tffullly Lanell J. Curry Current Planner LJC:rjg pc Ken Lind Lind, Lawrence and Ottenhoff 1011 Eleventh Avenue Greeley, CO 80631 900179 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND 1303)353.2323 KIM R.LAWRENCE (303)356.9160 TELECOPIER (303)3561111 November 13 , 1989 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Use by Special Review Gentlemen: Attached with this letter are the following: application fee of $450 . 00 , plat maps , geotechnical evaluation , copy of certificate of designation application , US-R application form and attachments and an explanation of the use of the property by means of this letter which should be construed as an integral part of the application. The proposed use is a trailer washout facility; the purpose of which is to wash out livestock trailers which deliver and remove livestock in Greeley and surrounding areas . At this time there is only one commercial trailer washout facility in the Greeley area and there is a significant demand for this service due to the large number of livestock hauled into and out of the Greeley and surrounding areas . Livestock truckers need this type of facility to clean out the trailers in a controlled location rather than having cleanouts take place throughout the County in uncontrolled places which can be harmful to the environment and surrounding properties . At this time the subject property is surrounded by agricultural , airport and light commercial use . The airport is the Weld County Airport ; commercial uses include the Humane Society and a proposed office facility for the Colorado Highway Department ; agricultural uses include rangeland , farmland and a deserted gravel pit . Specifically , to the North is farmland ; to the West is wasteland , rangeland and the Weld County Airport ; to the South is rangeland and to the East is a deserted gravel pit and some pasture . Inhabited residential structures are located 3 , 000 feet to the North, 2, 800 feet to the South , 2 , 700 feet to the East and the airport to the West . Weld County Department of Planning Services November 13 , 1989 Page 2 It is estimated that there will be between ten to twenty trailers using the washout facility on a daily basis . It is contemplated that there will be not less than two nor more than three employees working one shift between 7: 00 a.m. and 6 : 00 p .m. Water for the operation shall be provided by the North Weld County Water District . A letter from said District indicating that water service is available has been attached to the application . Basically the system operates with manure and water being washed from trailers with the effluent then going to a holding area which has a 13, 000 gallon capacity . In the holding area the manure settles and water floats to the top . Manure solids are removed with a front-end loader and used for farm purposes as indicated hereinafter . The water at the surface of the holding area then flows into a settling pond and in this pond the effluent is aerated to control odor . From this area the water is pumped into consecutive aeration tanks which have 16 , 800 gallon capacities and which are aerated to reduce the biochemical oxygen demand level which is a further odor control mechanism . Water is then drawn from aeration tank by means of pumps to individual hoses at the wash bays to wash trailers . As this water is pumped to wash out the trailers the manure and water again washes into the holding area and the whole system recycles as indicated herein . Access to the facility will be to and from Colorado State Highway 263 . As in most instances the trailers using this facility would have been traveling the State highway in any event , there will be an insignificant increase in traffic upon the State highway system. There will be an on-site office and manager and the only sewage facilities will be a septic tank and leech field system for the in-office restroom. There will be no need for fire protection measures at the facility and neither will there be any animals concentrated at the facility. As the truck washout removes manures , straw and wood shavings from livestock trailers , all such manure , straw and wood chips will be removed and hauled to adjoining farms on a weekly basis or more often as needed and this is accomplished by use of a front-end loader which removes the manure from the holding area. During fall , winter and spring the manure will be directly spread upon fields as fertilizer and soil nutrient . During crop Weld County Department of Planning Services November 13 , 1989 Page 3 growing months the manure will be spread upon adjoining pasture or dryland fields , or stored at farm sites . Thus , there will be no permanent storage of manure on the site . No other type of debris , junk or other wastes are associated with this use. The facility is designed to have a detention pond constructed at the Southeast corner of the facility which will retain all storm water runoff. As to the wash facility ponds , the same will be lined , thus resulting in no pollution or harm to groundwater . Landscaping will be installed South of State Highway 63 and along the North edge of the property . The applicant will install two rows of Russian Olive trees two feet in height at planting time and eight feet on center . The landscaping will not only provide screening but will also help provide wind and erosion control . The applicant proposes to commence construction immediately after approval of this application by the County Commissioners which is estimated to be January of 1990 . Construction should take approximately two months , therefore operations will commence in March of 1990. The USR application is consistent with the Weld County Comprehensive Plan as the use is considered as an allowed agricultural use in an agricultural zoned area . The proposed use is directly connected with agricultural uses and interests in Weld County and as such are allowed to site in agricultural zoned areas . The subject site is located upon property construed as wasteland . The property , due to the location and size of the parcel , is not being used for farming operations and could not be used for farming operations in the future . Thus , this facility does not remove productive agricultural land from production . Due to the design of the facility which includes total perimeter fencing, screening and a detention pond there will be no adverse affects to the health , safety and welfare of the inhabitants of the neighborhood and county . In fact , as the need for this facility is significant and the use is necessary for trucking of the livestock industry in Weld County , the facility will provide a safe and controlled area for washout of livestock trailers. The proposed use is compatible with existing surrounding land uses as those uses consist of marginal rangeland and pasture , crop production , livestock feeding, grazing and airport use. As to future development of the surrounding property , the Weld County Department of Planning Services November 13 , 1989 Page 4 Weld County Comprehensive Plan indicates that the surrounding uses are contemplated to be and remain as agricultural , including airport use , some commercial and agricultural accessory uses. The proposed facility is not located within a flood plan . The property is located within the conical zone of the Weld County Airport overlay district and is on the fringe of the approach zone . This use does not result in any electrical interference for navigational signals or radio communication and does not create any need for lights or other structures which would cause a problem for pilots to distinguish airport lights , does not create glare , does not impair visibility , does not create bird strike hazards will not otherwise endanger or interfere with landings , takeoffs or maneuvering as this facility does not require the need for any height . The required water supply is adequate and a letter has been attached from the North Weld County Water District indicating the availability of a water supply. The applicant has an interest in the property pursuant to a contract for purchase of the real estate which has been attached to the application . The operation should not cause any noise and the applicant can easily meet all existing State noise limitations . As part of the application , a copy of the Soil Conservation Service soil type is attached . There are no severe soil limitations which would restrict this use , the only item to note is the fact that the subject soil is considered very poor for agricultural production. It is requested that this Use by Special Review be approved . Very truly your , LIN , RE OTTENHOFF Kerrne h F. ;Lind KFL/cg Enclosure USE BY SPECIAL REVIEW APPLICATION ! NOV ,5989 Department of Planning Services, 915 Tenth Street, Greeley, olorado 80631 Phone - 356-4000 - Ext. 4400 WEld Cu. Plans Comess1ut Case Number Date Received Application Checked by Mylar plat submitted Application Fee 45o Receipt Number L1'Z2p 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 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: sw' Section 1 T 5 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 8w1 ° Section 1 T 5 N, R 65 W Property Address (if available) n/a PRESENT ZONE Ag OVERLAY ZONES Weld County Airport TOTAL ACREAGE 8 acres PROPOSED LAND USE Livestock trailer wash facility EXISTING LAND USE Waste SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — Name: Noffsinger Manufacturing Co., Inc. Address: 500 6th Avenue City Greeley Zip 80631 Home Telephone # Business Telephone # 352-0463 APPLICANT Name: EL Ventures, Inc. Address: 4101 West Service Road City Evans Zip 80620 Home Telephone # 339-5129 Business Telephone # 353-4121 ARRR2$AidxRA AUTHORIZED AGENT (if different than above) : Name: Lind, Lawrence & Ottenhoff Address: 1011 Eleventh Avenue City Greeley Zip 80631 Home Telephone # Business Telephone 1/ 353-2323 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. (See Exhibit "A" attached hereto) Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) f Signa ure: xxtc Authorized Agent Kenneth F. Lind #7792 Subscribed and sworn to before me this 13th day of Novemb 19 89 . (2..t/J� 9!✓I7 Ci NOTARY PU&IGIC My commission expires 8/2.2/9/ BOAR %ERNESTDTXi(7ES ECTORS « ,•� reat- NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH �� ROBERT ALKIRE ',, GARY SIMPSON HIGHWAY 85 LUCERNE,COLORADO 80646 LYLE NELSON,MGR. W.M.WKAV -•� � r ti'l .7 L- _- P.O.BOX 56 - PHONE 356.3020 October 27, 1989 - RE: Water Service — East 8th Sta Livestock Trailer Washout ( Bill Lamb) Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property: Pt of SWq Seca 1-5-65 1 . Water service is presently being provided to the above described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall . become null and void. • Additional comments: Sincerely, NORTH WELD COUNTY WATER DISTRICT Ly D. elson , Manager DN/wb 4I Nunn clay loam, 0 to I percent slopes. 'pis is a dee, ;ell drained soil on terraces and smooth ains at elevations of 4,550 to 5,150 feet. It formed in mixed allu- vium and eolian deposits. Included in mapping are small, long and narrow areas of sand and gravel deposits and small areas of soils that are subject to occasional flooding. Some small leveled areas are also included. Typically the surface layer of this Nunn soil is grayish brown clay loam about 9 inches thick. The subsoil is light brownish gray clay loam about 14 inches thick. The upper part of the substratum is clay loam. The lower part to a depth of GO inches is sandy loam. Permeability is moderately slow. Available water capacity is high. The effective rooting depth is GO inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern • redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. This soil has fair to poor potential for urban develop- ment. It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction. 'those areas that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas of this soil are adjacent to streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and • picnic areas and playgrounds. Capability class I irrigated. 12 SOIL SURVEY 'S soil has good potential for urban and recreat' Wildlife is an important secondary use of this soil. The develo nt. Increased population growth in t rvey cropland areas provide favorable habitat for ring-necked area has re ed in increased homesite co ction. The pheasant and mourning dove. Many nongame species can chief limiting so eatures for urban d opment are the be attracted by establishing areas for nesting and escape shrink-swell potent of the subs ' as it wets and dries cover. For pheasants, undisturbed nesting cover is essen- and the limited ability his to support a load. Septic tial and should be included in plans for habitat develop- tank absorption fields properly, but community ment, especially in areas of intensive agriculture. Range- sewage systems sh be prod if the population den- land wildlife, for example, deer and antelope, can be at- sity increases. cause of the mode _ rapid permea- tracted by managing livestock grazing and reseeding bility oft substratum, sewage lagoons in be sealed. where needed. Law rubs, and trees grow well. Capability class This soil is not suited to urban or recreational develop- . Irrigated. ment because of the flood hazard. Capability subclass 10—liankard sandy loam, 0 to 3 percent slopes. This 1Vw irrigated, VIw nonirrigated; Sandy Bottom land is a deep, somewhat excessively drained soil on flood range site. plains at elevations of 4,450 to 5,000 feet. It formed in stratified recent alluvium along streams and rivers. In- cluded in mapping are numerous sand and gravel bars and small areas of noncalcareous soils. Typically the surface layer of this Bankard soil is 9 brown sandy loam about 4 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous - ----------- - ---. ._. __—_. sand stratified with thin lenses of sandy loam, loam, and 68—Ustic Torriorthents, moderately steep. These are fine gravel. deep, excessively drained soils on terrace breaks and escarpments at elevations of 4,450 to 5,100 feet. They Permeability is moderately rapid. Available water capacity is low. The effective rooting depth is 60 inches or formed in gravelly alluvium and have slopes of 9 to 25 percent. Included in mapping are small areas of soils that more. Surface runoff is slow, and the erosion hazard is low. have pockets of sandy loam and loam in the underlying This soil is suited to limited cropping. It is sandy and material. subject to flooding. Pasture is the best use. Tall wheat- Typically the surface layer is pale brown gravelly sand grass, tall fescue, and annual sweetclover are some of the about 10 inches thick. The underlying material to a depth most suitable crops. Light, frequent irrigation by furrows of 60 inches is pale brown gravelly sand. and flooding is best. Commercial fertilizer improves the Permeability is rapid. Available water capacity is low. amount and value of forage produced. The effective rooting depth is 60 inches or more. Surface The potential native vegetation is dominated by runoff is medium, and the erosion hazard is moderate. switchgrass, indiangrass, sand bluestem, sand reedgrass, The potential native vegetation is dominated by little sideoats grama, needleandthread, and blue grama. Much bluestem, sideoats grama, sand reedgrass, blue grama, of this range site includes other soils and vegetation in hairy grama, switchgrass, and needleandthread. Potential such a complex pattern that it is difficult to map them production ranges from 700 pounds per acre in favorable separately. Potential production ranges from 2,500 pounds years to 200 pounds in unfavorable years. As range condi- per acre in favorable years to 1,500 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blue years. As range condition deteriorates, the tall and mid grama and hairy grama increase, and forage production grasses decrease; blue grama, sand dropseed, and forbs drops. increase; and forage production drops. Undesirable weeds Management of vegetation should be based on taking and annuals invade the site as range condition becomes half or less of the total annual production. Deferred graz- poorer. ing is practical in improving range condition. Seeding and Management of vegetation should be based on taking mechanical treatment are impractical. half and leaving half of the total annual production. Seed- Windbreaks and environmental plantings generally are ing is desirable only in areas large enough to interseed or not suited to these soils. Onsite investigation is needed to to prepare a seedbed. Switchgrass, sand bluestem, sand determine if plantings are feasible. reedgrass, sideoats grama, little bluestem, blue grama, pu- Wildlife populations are limited because the necessary bescent wheatgrass, and intermediate wheatgrass are habitat elements are lacking. Because most of the acreage suitable for seeding. This soil can be seeded by using an is rangeland, only rangeland wildlife, for example scaled interseeder or a firm, clean sorghum stubble. A grass drill quail and antelope, are typical. Extreme care is needed in is required. Seeding early in spring has proven most sue- grazing managing livestock in order to provide suitable cessful. b g habitat on these soils. This soil is generally not suited to the establishment and growth of trees and shrubs. Onsite investigation is Potential This poor infog urban and recreational develop- and ment. 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'41.:&);744 Y,c d� tit( '. 11 A hum , } Will .. _._._ R«the ,., a C M P CPmty a 1 t ' % 4 P pc,Tir': I r `d H ten vauab le > s r— ttMddeiet�«,.t .. . .. r t I ant h �, v ° '. �} WT;-... tv grit' I ^' CC. ji Rohm:p.ld,h..'br.d4)mM.an.Fy()t " MAh AC 'L .I.`:^ C7 IA A a t5 ' in bi .. -r.._._.._.._ n II CC..Cr,,. . 'APCI Arlon, s.. bhi t zrettae.mint ... II the n c t a fU Property kwina real Propty'a antY of the C 1- es , o~ h .. .4 ., o.. d 4 nfG.a.do, ;.. o ",w,, The Northwest Quarter (rd 1,r ) ":d tre Perin I t ii_ of I I r 1 .k .( u o the 1 74 { the Southwest Quarter (SW 1/4) of Section One (I). Township Five `) SY1S 4..), SS, ? ar North Range Sixty—flue (65) West c .th P 1 0G:,J wit? !core t t the teen (14) shares of the capital stock The G w ache la Pout, •R . 's �* }2 11 +y " j` Irrigating Company, twenty (20) shares of the capital stock o - It 3 t 4i sea " , . I Cache la Poudre Reservoir Company, tw (2 ) s ..es of the Ca al stock yt� (i{` any p,sijv;,i, ' I of The Union Lateral Irrigating Compa 'r and ..e (1) Prefer cc? -peer i c' , h. h. e I right from the Fossil Creek Reservoir f The North Foua e Irrigation �f x b .c Company, and together with any and all lateral ditch rights, rigors of P'x •r k d' way and other Irrigation privileges thereunto belonging CE INI' i� n {,� wy w .i 1 THEREFROM that portion thereof heretofore conveyed to the Department t k e t a I of Highways of the State of Colorado by deed recorded in Book 1450, c,,,. _ Y - u ggryr e Page 134, Weld County Records. RESEW/ERR c tc. 7an rs, as joint }44 ; 4 m p (b` tenants and not as tenants in carrion, undivided one-half (1/2) ' "t`* 9 ` t The pppkyR.�^� ,,, - Il interest in and to all oil, gas and other minerals underlying said III 'taA- tiara . ° Qua It P'4g11 land, with the right of ingress and egress to prospect for and remove I '4 tT Y"` Y.4'08,k six vzl1/4,O,y Ilthe sane, ' ;I-di. 4' car la K. with all Its appurtenances and warrant the title to the same, subject ` - tit' 'e sea c i , to provisions of United States Patent; to seepage, percolating and 1# ' yY, rH and vk t waste water agreement recorded in Book 306, Page 328, Weld County i ep n rsey Ire rig Records; to right of way described in Instrument recorded in Book 78. zd a -' '' rig w,Vi: ( Page Cu, Weld County Records; to right of way recorded in Book 1003, t [ fi ict � 1-.- Page 599, Weld County Records; to right of way recorded in Book 1068, 1 - S v rzn: ��NCe sLtMm�Otleufunt xa Page 310, Weld County I i Ps plY 7n ; Reco ds• to eaeenont described Sn agr.eemeenttrrecorded un er Re cos ii Yd° � ?'�. S - No. 14 4405, Sn Book 5002 Weid County Records to r1Qht of way for .( ir}' r p�q a county roads ditches and utility linen affecting the-nbov - acrlbed- ` e ,.,r� , � prglertyl .and to taxes for the year 1070, payable in 1971 s .•a."y'F f kt soineY .. x-x r y _/ 'S, 4tn'rYF44 sipedtia - 2Lt- y..ef. November A.D. y`lvti Mkt� .r A D.39_70 . - !:!**4.! i 4 In the Prense } y . AlSt' sa J y_:"c�rw},_ _./4. ... 14`4 _re L__..... 9 ;Y {t -I L�chLc,y l`//JM-.� . .__ V l k .S l av - . .._..._ . . a tt� 11(4 ,1 a 44,80`.'9 Y1$ 1$'�7: STATUTORY ACRNOWLRDOXINT '1 a., .+ a State Dccumenrary Fee STAYS O7 , ARIZONA ' 4 Dole .DEC -1.1970_ anal PIMA r- , i; . ` t � s \5-w._ _ 'she Rar.pa4' '-. k ate. ctm*kdod mac m r ,,y, a e : -- —JIM' .,. yam' llt• Qrbee_Xlghk..Cate._ en4 Joseph S. atewz , n x}, 4N . ... '"r i,. Sitar mr hand end *„I- dI teeh of them. "^k.Tyt t` Y`F'"s My dam epx thvl71— _ : a 4. a. 1e F ,�,,{1r" snooksrr.r........du....rw.Moon�..r r..n..seamy 244: ��.r`. ' !Ct a +Y' f y', - t I Yv rh J4 ° 1 1 a.4 _ 11 t R 1i4 I b ' ty 1y „4' j ;33 S-CU!• 1 REALTY CO.1 12128th AVENUE -GREELEY, COLORADO 80631 I It TELEPHONE (303) 352-1212 DENVER METRO 573-1672 The printed portions of this form approved by the I REALTOR'" Colorado Real Estate Commission(SC 27-2.81). THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) October 8 , 19139_ 1. The-undersigned agent hereby acknowledges having received from William L. Lamb the sum of$ 500.00 , in the form of check held by Scott Realty CO. , to be , broker, in broker's escrow or trustee account,as earnest money and part payment for the following described real estate in the -County of Weld ,Colorado, to wit. 8 acres, more or less, as per attached Exhibit "A". Seller shall provide a more accurate legal description by a survey to the subject property at Seller's expense. In the event survey is needed prior to closing by Purchaser, the Purchaser may provide said survey and be reimbursed by Seller for cost at time of closing; excepting and reserving any and -all mineral rights. together with all easements and rights of way appurtenant thereto, and all improvements thereon and all fixtures of a permanent nature currently -on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and -hereinafter called the Property. 2. The undersigned person(s) B. L. Ventures, Inc. (as joint tenants/tenants in common), hereinafter called Pulrchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter-called Seller, hereby agrees to sell the Property upon terms and conditions stated herein. 3. The purchase price shall be U.S. $ 14,000.00 , payable as follows: $ 500.00 hereby receipted for; $13,500.00 in certified funds upon delivery of deed. 4. Price to include: UrnimproVed land and the following water rights: None 3. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a) apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and (c) pay the customary costs of obtaining such loan. Then if such loan is not approved on or before November 20 19 89 ,or if soapproved but is not available at time of closing, this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. f a note and trust deed or mortgage is to be assumed,Purchaser agrees toapply for a loan assumption if required aocLagreer to pay (1)-a loan trans xeeed$ and (2) an interest rate n % per annum. If the loan to be assumed has proves ed equit erest rates or variable payments,this contract is conditioned upon Purchaser reviewing and co uc provisions. consent to a loan assumption is required,this contract is condi ' taming such consent without change in the terms and conditions -previdpd, xcept as herein 7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not beassignable by Purchaser without written consent of Seller. 8. Cost of anyappraisal for loan purposes to be obtained after this date shall be paid by -Purchaser 9. current commitment ¢ insur to the purchase price, at Seller's option and expense, shall be furnished to Purchaser urcha eron or before December nber in an amount equal 19 -89 , If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance ppolcy,to Purchaser after closing and pay the premium thereon. with tn�estantlarci 10. The date of closing shall be the_date for delivery of deed as provided in paragraph 11. The hour and place of cetions d closing shall be as designated by Purchaser and Scott Realty Co. 11.Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and Provisions hereof,Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on January 30 , 19 9p or, by mutual agreement, at an earlier date, conveying the Property free and clear ofall taxes,except the general taxes for the year of closing,and except ;free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances except.. -a right of reverter: those acceptable to Purchaser except the following restrictive covenants which do not contain and/or apparent easements: those acceptable to Purchaser and u except the following and zoning fic ulaorded and subject to building and regulations. 12. Except as stated in paragra, 1 and 13, if title is not merchantable and w t notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's ,.gent on or before date of closing, Seller shall _..,e reasonable effort to correci. said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may b paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of r7 , if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if nny, =ter+ shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on del i Very of_deed subject to the following leases or tenancies: None 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys'fees. 18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker, broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys' fees. 19. Additional provisions: A. This contract is expressly contingent upon the Purchaser obtaining all state, local and federal approvals and permits for the construction and operation of a truck wash facility per Purchaser's specifications. B. This contract is expressly contingent upon Seller's delivery to Purchaser copies of all closing documents at least 24 hours prior to closing. C. This contract is expressly contingent on the property having North Weld County Water District water available for Purchaser to tap and use. D. This contract is expressly conditioned upon Purchaser obtaining a new loan for the property and equipment from a financial institution of Purchaser's choice, which loan shall be in the principal amount of no less than $85,500.00 and shall bear interest at a variable rate not to exceed 2 3/4% above Prime Rate per year, payable in monthly installments over at least 9 years, which loan may require Purchaser to pay 1/12th of the estimated annual taxes and insurance for the property, and shall require Purchaser to pay a loan origination or service fee to the financial institution making the loan not in excess of 2% of the loan amount. 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before , 19 , this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7. urc a r Ira Broker Scott Realty� Co. Purchaser Date By. r`" `l+' 1� Patrick L. McNear Purchaser's Address (The following section to be completed by Seller and Listing Agent) C- 21. Seller accepts the above proposal this -µday of ₹t1 commission of , 198 and agrees pay a it % of the purchase price for services in this transaction, and agrees that, in the event of forfeit feitit ure of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, an h balance to Seller. g PKfnlrE k' f�tF6 Cc aNc o \ �ti c� �t . ler Seller's Address *21 Listing Broker's Name and Address V 1 • '` 'l : / • S O /suid' 1v3 • 1g1,�pYc^�n .S - L/,IJ,,-1, , t= t - .JiJ �', iv"S 'dUf- ;S03 - r - uvam/a9;.16 rH�—'k � ,l? _✓6S Ai it/,ec 1/400s —�• ..4__Th_...—Till (life.pi l ` ° I + I2b '_/ _ , I I n'n I I I I O 1 I 4i 1 1 ( . I I T V 3 ti OO 1 z I N4 C I SY. • _ Q a LLI • ;n • t.-)J =' o 9 • m o �, c)1 -Cr) le • 1 Irn v �� co ni f� •-5:14. a C i -I r l e 4 I I . • 1i GO { I. • 1 q 'UIGi i co r7 i: • NIN �t `NT Z 1 , i., j ( i Crm s I r \ \`n d. C)1�-'� c--) N9.C i IQ cO � c of 1 c Cr)N9 • I 0. a L 9 ALPHA ENG/NEER/NG CIVIL ENG/NEER/NG LAND DEVELOPMENT PROPERTY SURVEYS SUBSURFACE INVESTIGATION -FOR PROPOSED TRAILER WASH OUT EAST OF GREELEY, COLORADO A"nmmmmMgi moo`" ``��'�n 12330 143 ci_ iceio e 8 Y ```\: coLo ,;Mniti„‘„, 6/7 5Tf/ sr - P 0. BOX 392 FORT LUPTON, COLORADO 8062/ Ph: DENVER (503)575-5/86 FORT LUPTON (303) 857-2308 SCOPE This report presents the results of profile test borings prepared _for a proposed trailer wash facility located east of Greeley, Colorado. The objectives of this study were to document the subsoils of the site and observe ground water conditions encountered at the site. SITE EXPLORATION The field exploration, carried out on October 17, 19339 consisted of drilling and logging the test holes. SOIL AND GROUND WATER CONDITIONS No ground water was encountered in any of the test holes. The soils are as shown on the attached soil profiles. Generally the soils consist of a thin mantle of topsoil (ML) underlain by gravel (SP) . r VC 1-4 _ , . I . f a / . . . i / • • / I / • Z el h ' • , z • 1 i//14.. . --., -4 4a ft. _ /r/ • ' i _i I/ • i - . •I w -�tn.I ; ; 7.y. ' Z -r . i -......1-___ -0-i 0 I 1 t_ I : • - i I !-" •••r" .--1; • L-4-- . . . ..• •• 1 I 1 I • i • . . ! . :ill I I --r • . IlL .: t- 7 •,.. . ' ` i t. MI i rat , i 4 --- , JCL ' I :. ''. I I I I 2 ''.. ! HiI IA-- 1 ' • -- ! : I I ' — — ----_ 4. • i-4.IJ .rte . _ 1_ .1_ ..'. •_ ._ 1 - �.._ .—�. I I I _. —._+._ I .._ _ f i i �, • `I 1 ,k- _ .d. . .. i ° 1( + i t f, , I 11. ._ a _--i--_ , '-- « 1 t . _._�._. i `-- _ i2l-. t. • .. . • t i , I i , i i_ _� -- I 1— _i- _ 1 410 i. 1. I I . ' 1 .I i, — '1 HL + • ' i -- - - i ! ;. ... I :-.1 .O/4114 .-.5:. ...' . . I 1 - • ^4 . . .;:"Ii , . . I I ; ' 1 1- � • • 1 , • - • 1 Application For Certification of Designation East 8th Street Livestock Trailer Wash Out Site Information: Located in part of the N1/2 SW1/4 of Section 1 , Township 5 North, Range 65 West of the 6th P. M. , Weld County, Colorado. Owner and Operator: Bill Lamb 41D1 West Service Road Evans, Colorado 80620 The proposed use for the site, Pursuant to Section 6, Regulations Pretaining to Solid Waste Disposal Sites and Facilities, is to wash out livestock trailers, dispose of the manure and recycle the wash water. The manure will be spread on farmland and the wash water will be purified and reused. Site Standards: The facility is to be constructed with 4 concrete wash bays, a concrete solid separation tank, a solid storage pad, and water purification system. A detention pond is provided on the site to prevent more than historical flows from leaving the site. The site does not lie in the 100 year flood plain according to the National Flood Insurance Program, Flood Insurance Rate Map, Community-Panel Number 080266 0645 C, Map revised; September 28, 19B2. No significant aquifer recharge areas lie near the site. The facility has no sinificant waste that isn' t on a concrete pad or in metal tanks and the waste is livestock manure. This facility should not adversely effect subsurface water. The facility is in an agricultural setting being located one-half mile west of a large feedlot. Geological conditions are favorable except for the wind erosion potential of the soils. This exception will be alleviated -by existing trees along the west, gravelling the parking areas and seeding grass on none use areas. None of the wastes brought to this facility will be disposed of on the site except the oxidation of the residue in the wash water. The wastes when on the site will be contained. Engineering Design Standards: The wastes handled at this facility are placed on concrete pads or in metal tanks when on the site. Ground water should not be effected by this facility. The surface water runoff detention pond will continue to function after closure to limit runoff to historical flows. The only 'geologic hazard is wind erosion. The proposed trees along the west boundary will reduce the erosion potential. All areas not in gravelled parking areas and roads will be seeded to grass. There are no monitoring wells planned asthe waste, livestock manure is non-toxic. General Data: The mailing address of the facility mill be: Bill Lamb 4101 West Service Road Evans, Colorado 8_0620 The legal description of the property is Location: The site is located in a part of the SW 1/4 of Section 1 , Township 5 North, -Range -65 West of the sixth princpal meridian, Weld County, Colorado. Acreage: - The site has an area of 9. 00 acres more or less. Facility Services: The facility will be used exclusively for the wash-out of livestock trailers delivering livestock to the area. The service area will include Greeley and approximately a 25 mile radius around the site. Access to the site gill be Colorado State Highway 263. Soil Characteristics and Geological Data: See attached report from Alpha Engineering Co. discussing subsurface soils at the site. Geologic Summary: The geologic formations at the site are predominately late cretaceous sedimentary units. The Laramie formation lies at the surface with a sequence of layers horizontally grading into the Foxhills Formation. The surface is dominated by sandstone and siltstone. The sandstone layer is more or less consistent across the site at varying depths from 20 to 50 feet. Composed of a very fine to medium grained sandstone with interstitial silt and clay layers. The Laramie-Foxhills transition is a gradation from the siltstone/sandstone layers to the more or less consistent layers of _dune to light gray colored siltstone of the -Foxhills Formation. The siltstone and sandstone of the Foxhills are friable to very hard, depending upon iron cements formed from the frequently occuring non-sulfide minerals in the formation. The Foxhills Formation yields a ground water table of variable quantity and quality, depending upon the occurance of iron-sulfide and sodium concentrations. Wells yield from 3 gpm to 15 gpm in the general area. Most of the Homes in the area are on a community water system. The Laramie-Foxhills Formation is underlain thy the Pierre shale of Cretaceous age. This unit is considered to be the base or bedrock Formation of the basin and is consistently 3000 to 4000 feet in thickness with minimum permeability due to the -consistent shale layers which characterize the Pierre shale. Hydrological Data: The Ogilvy irrigation ditch lies along the southern boundary of the site. The Cache La Poudre river lies approximately 1000 feet south of the site. There are no other lakes, streams, ditches, springs or bogs on site or within a two mile radius of the site. -No ground water was encountered when drilling this site. Domestic water for the homes in -the area is from a community water system. -There are 5 domestic wells within a one mile -radius. The wells are shallow 28 to B2 feet deep and yield 10 to 60 gallons per -minute. Data on domestic wells whithin a one mile radius are as follows: SEC TWP RANGE QUADRANT WELL DEPTH YIELD • 36 5N b5W SW-SE 50 10 36 6N -65W :W-SW 41 20 2 5N 65W NE-SW 47 20 11 5N 65W -NW-SE 28 b0 11 5N -65W BE--NE 82 20 The trailer wash-out facility should have no impact on the existing surface water and ground water quality. -The ground water beneath the site is of questionable quantity and quality. The domestic water for the homes in the area is provided by a community water system. _Engineering Data: She data required in section 4.6 doesn't apply to a trailer wash-out -facility so the following data is supplied. East 8th Street Livestock Trailer Wash-Out The operation of the facility is based on the following design assumptions and calculations. 1 . 10 trailers per day will be washed out. 2. 2000 gallons of water will be used for each trailer. 3. BOD5 of effluent will be 4-00 ppm. A. Air pump rated at 21B CFM at 5 psi will deliver 20-0 CFM to the 40 - 5 CFM diffusers. 20,000 gal. /day X 8. 33 lbs. /gal. X 400mBOD5 X 1 . 3 = 86. 6 1 ,D00,000 lbs. 02 / day. required. 1 liter of air contains 273 mg of oxygen. 1 cubic foot contains 2-8.132 liters. 200 CFM X 28. 32 1 / cu. ft. X 0. 273 gm/l —3. 41 lbs 02 /min. 454 3.41 lbs 02 / min. X 60 min/hr X 24 hrs/day = 4904 lbs /xiaY 5-to 15% of oxygen is -effectively used. 4804 lbs 02 /day X D.D5 -ef₹. use = 245 lbs 02 / day available The diffusers will be placed as follows; 5 in settling pond 10 in each of the first two tanks 7 in tank It 3 5 in tank # A 3 in tank -# 5 The manure and water resulting from the wash-out of the livestock trailers is settl-ed in the concrete areas o₹ the wash racks, [ approx. _6700 gal. each 1 . -The solid portions are removed to the concrete manure pile pads. The effluent is drawn off from the top these areas into a settling pond. Air is introduced here to start the digestion process and keep the pond from becoming septic. The effluent is drawn from the top of the settling pond 1 b,b00 gal. ] and pumped into digestion tank #1 . The main digestion will be accomplished in the first two tanks. Total time in these tanks is 2 X 16800 gal. X 24 hrs divided by 20, 000 gal. / day 0. 5 X2245 lbs. 02s/ daywill availab122.5 lbs 02le in/ day,hese two requiredtanks, air for total digestion is B6. 63 lbs 132 / day. -The effluent BOD5 becomes less as it moves through the tanks so less air is supplied _in each tank. Total time the digestion gal. divided by 20, 000gal. day4.2 tanks is days or 10D. hours.5 X 16, 000 oppore standing tanks probably have r tunity timeandcould have better than the 5% -effective 02 use. Operational Data: The operation will be managed by: Bill Lamb 4101 West service road Evans, CO 80620 The facility will be open as needed to meet the public demand. It is expected that 6 to til trailers will be washed out each day. Two to three people will be employed at one time depending on the work load. Closure data: The site closure will consist of removal of the concrete structures, tanks and grading the site to its original contours. Hello