HomeMy WebLinkAbout972632.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL
REVIEW PERMIT #961 - KOBOBEL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 8th day of December, 1997, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not
William Kobobel, 7909 Weld County Road 5, Longmont, Colorado 80501, was in compliance
with certain Conditions of Approval and Development Standards contained in Special Review
Permit #961 for an open -pit gravel mining operation in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as
part of the NE'% NE% of Section 29, part of the SE'/ of Section 20, and part of the SW% of
Section 21, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado,
and
WHEREAS, after hearing testimony from the Department of Planning Services and the
County Engineer, the Board finds that pursuant to the procedure as set forth in the Weld
County Administrative Manual that it is more probable than not that there are grounds to revoke
the permit for failure to comply with certain Conditions of Approval and Development Standards;
therefore, a show cause hearing shall be scheduled, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether
Special Review Permit #961 issued to William Kobobel, should be revoked.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be January 12, 1998, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said
Show Cause Hearing is whether or not the permit holder is in compliance with the following
Condition(s) of Approval:
4. The off -site road improvements agreement approved by the Board of County
Commissioners shall mitigate impacts generated by this mining operation on
972632
PL0859
SET SHOW CAUSE - KOBOBEL
PAGE 2
Weld County Roads 5, 18, and 7. The agreement shall include the type of road
improvements, the applicant's share of the improvements, means of financing,
and time frame for construction.
Specifically, the following five paragraphs of the signed Road Maintenance
Agreement are to be considered:
1. The County roads considered in this agreement are as follows: Weld
County Road 7, between Colorado State Highway 119 and Colorado
State Highway 52; Weld County Road 18, between Weld County Roads 7
and 5; and Weld County Road 5, between Weld County Road 18 and the
mine entrance.
2. The operator is restricted to hauling on the roads identified in paragraph 1
above.
5. The operator will complete paving Weld County Road 5 between Weld
County Road 18 and the mine entrance by July 1, 1994. The paving will
consist of three inches of hot bituminous asphalt, 24 feet wide. The
thickness of new base course will be determined by the Weld County
Engineering Department through standard testing and design procedures
to be performed immediately prior to paving. Credit for existing base course
will be applied toward the depth of new base course. A four -foot aggregate
shoulder will be constructed.
12. The operator and present and future gravel operators are required to share
in reasonable future maintenance and improvements when such
maintenance is related to their hauling impacts.
13. Upon notification by the County, all gravel operators and the County will
examine the roads and determine a plan for the maintenance and
improvements that are required. The County will have the final
determination as to what maintenance and improvements are required
based on input from gravel operators using the road.
972632
PL0859
SET SHOW CAUSE - KOBOBEL
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of December, A.D., 1997.
ATTEST:
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
APPROVED AS TO FOR
ty Attorney
BOARD OF COUNTY COMMISSIONERS
WELDgOUNTY, COLORADO
S.
George
/9
1
Baxter, Chair
nstance L. H bert, ro-Tem
Dale K. Hall
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
W. dWester
(AYE)
972632
PL0859
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DATE: December 3, 1997
VIOLATION NUMBER: VI -9700148 USR961, ZCH97-003
NAME: WILLIAM AND MARGARET KOBOBEL
ADDRESS: 7909 WELD COUNTY ROAD 5, CO 80501
LEGAL DESCRIPTION: PT 20,21,AND 29 T2N R68W.
PARCEL NUMBER
CASE SUMMARY:
February 12, 1992
April 10, 1997
April 17, 1997
August 1997
September 11, 1997
September 11, 1997
September 16, 1997
September 17, 1997
September 18,1997
September 22, 1997
September 30, 1997
October 1, 1997
1313 -20- 000055
1313 -21- 000005
1313 -29- 000061
USR 961 and Road Maintenance Agreement approved by the BOCC.
Drew Scheltinga and I spoke about a concern regarding the Kobobel Pit.
Received a letter from Drew regarding this issue.
Don Carrol delivered Road Maintenance Agreement to Mrs Kobobel. Spoke
to Mrs Kobobel about the haul route. Mr. Carroll also delivered the Road
Maintenace agreement to Western Mobile. Initial inspection of property by
the Weld County Public Works Department determined that the property is
not in compliance with Road Maintenance Agreement.
Initial complaint received and referred to Julie Chester, Zoning Compliance
Officer.
Letter sent to Mr. and Mrs. Kobobel concerning noncompliance with
development standards (USR 961) and Road Maintenance Agreement.
Left Message for Mrs. Kobobel.
I Spoke to Mrs. Kobobel. about the need to resolve this issue about the haul
route and the Maintenance Agreement. I recommended that Mrs. Kobobel
get in touch with the Town of Frederick about this issue.
Left Message for Mrs. Kobobel.
I spoke to Mrs Kobobel about the haul route and the agreement. Mrs.
Kobobel said she would be sending a letter about the haul route.
Received letter from Mrs. Kobobel concerning haul route.
Spoke to Ed Tagliente about the roads being annexed and asked if he had
been in contact with Mrs. Kobobel. He had not.
October 1, 1997 I spoke to Mrs Kobobel about speaking with Ed about the agreement. She
said she would talk to Ed. She will also follow up with her attorney.
October 13, 1997 I left a message for Mrs. Kobobel.
October 14, 1997 I spoke to Mrs. Kobobel about submitting the information concerning the
maintenance agreement.
October 16, 1997
need
Waiting to hear from Mrs. Kobobel with information. Left message that I
the information or we will go have to go to Probable Cause to resolve this
concern.
October 30, 1997 I left more messages for Mrs. Kobobel
November 17,1997 Spoke to Mrs. Kobobel about the December 8, 1997 hearing date to make
sure this will work for her. She agreed the date would work.
November 17, 1997 I spoke to Ed Tageliente about the December 8, 1997 hearing date to
ensure that he could attend. He agreed.
November 25, 1997 I sent the letter concerning probable cause date to Mrs. Kobobel with
personal copies going to County Attorney's Office, Public Works, and Ed
Tageliente.
December 2, 1997
Spoke to Mrs. Kobobel about the hearing. I also informed her that I would
be sending all information to the Town of Frederick. She requested that I
ask the town for a copy of an existing road maintenance agreement.
December 2, 1997 Fax sent to Ed Tageliente from Monica Mika with all the case information
and Mrs. Kobobel's request for information.
ro -5- le
PERMITS Id: ACTP150 Keyword: UACT User: SFRAZER 12/03/97
'':tivity Maintenance Inspection Processing Violation
Permit No: VI -9700148 Owner: KOBOBEL WILLIAM EDWARD & MARGARE
Status: COMPLNT Location: SECTIONS 20, 21 AND 29 T2N, R68W
Inspection Item: 00404 Description: TELEPHONE CAL
Inspection
Date Inspector Action Notation
09/16/97 MDM
09/17/97 MDM
09/18/97 MDM
*09/22/97 MDM
n09/30/97 MDM
10/01/97 MDM
10/13/97 MDM
n10/14/97 MDM
10/29/97 MDM
10/29/97 MDM
11/13/97 MDM
11/17/97 MDM
Enter Option:
VI
VI
VI
VI
VI
VI
VI
VI
VI
VI
VI
VI
LEFT MESSAGE
LEFT MESSAGE WORK & HOME
LEFT MESSAGE AT WORK
SPOKE TO MARGARET
LEFT MESSAGE
sPOKE TO MARGARET
left message
SPOKE TO MARGARET
LEFT MESSAGE AT WORK
LEFT MESSAGE AT WORK
LEFT MESSGE ABT HEARING
LEFT MESSGE W/ PRPB DATE
A=Add an Entry
C=Change an Entry
D=Delete an entry
Dept:
L
Times
Begin End Elpsd
:01
:02
:03
F2=Next Item
F3=Previous Item
F4=Next 12 Entries
Div:
Entry No
1
2
3
4
5
6
7
8
9
10
11
12
F5=First 12 Entries
ESC=Return to Item List
PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 12/03/97
Comments regarding an Activity Violation
Permit No: VI -9700148 Owner: KOBOBEL WILLIAM EDWARD 8 MARGARE
Status: COMPLNT Location: SECTIONS 20, 21 AND 29 T2N, R68W
Line User Id Text
1 MMIKA I SPOKE TO ED ,MAYOR OF FREDERICK AND HE HAS NOT BEEN CONTAC
2 MMIKA TED BY MARGARET. I WILL CALL MARGARET TODAY AND ASK ABOUT
3 MMIKA THIS.
4 MMIKA I called margaret on 10-13-97. She needs to submitt
5 MMIKA information concerning the road maint agreement. She
6 MMIKA said she would get right on this and would meet with her
7 MMIKA attorney. I need to obtain something from her asasp or a
8 MMIKA prob casue meeting will be set. I will try her again today
9 MMIKA 10-14-97.
10 MMIKA I HAVE BEEN TRYING TO GET IN TOUCH WITH HER. NOT LUCK.
11 MMIKA 10-30-97
12 MMIKA OVER THE COURSE OF THE PAST SEVERAL WEEKS I HAVE BEEN
Enter Option: A=Add, C=Change, D=Delete, 1=Inspect
Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit
ERMITS Id: MISC120 Keyword: UACT User: SFRAZER 12/03/97
Lomaents regarding an Activity Violation
Permit No: VI -9700148 Owner: KOBOBEL WILLIAM EDWARD 8 MARGARE
Status: COMPLNT Location: SECTIONS 20, 21 AND 29 T2N, R68W
Line User Id Text
10 MMIKA I HAVE BEEN TRYING TO GET IN TOUCH WITH HER. NOT LUCK.
11 MMIKA 10-30-97
12 MMIKA OVER THE COURSE OF THE PAST SEVERAL WEEKS I HAVE BEEN
13 MMIKA LEAVING MESSAGES FOR MARGARET, SOME OF WHICH HAVE RESULTED
14 MMIKA IN RETURNED CALLS. I HAVE PRESENTED THE ROAD MAIN. AGREEMEN
15 MMIKA T TO MARGAET SEVERAL TIMES. SHE HAS STATED THAT SHE WOULD
16 MMIKA DISCUSS THIS WITH HER ATTORNEY. SHE ALSO SAID THE PIT
17 MMIKA WAS NOT MAKING ENOUGH MONEY TO BE CONCERNED WITH THE USR
18 MMIKA STANDARD. I SUGGESTED THAT SHE SPEAK TO REPRESENATIVES
19 MMIKA FROM THE TOWN OF FREDERICK AND SHE HAS DECLINED TO DO SO. I
20 MMIKA AM GOING TO SET THIS FOR PROB CAUSE. I WILL CALL TO NOTIFY
21 MMIKA HER OF THIS DECISION.
Enter Option: A=Add, C=Change, D=Delete, I=Inspect
Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit
End of list reached.
ott
WI�Yc
COLORADO
November 25, 1997
William and Margaret Kobobel
7909 Weld County Road 5
Longmont, Colorado 80501
Subject: VI -9700148 , USR-961, ZCH-97002
Dear Mr and Mrs Kobobel:
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Notice is hereby given that on December 8. 1997, at 9:00 a.m., or as soon thereafter as the agenda of the Board of
County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the
Commissioner's Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number ZCH-97002, for compliance with the Development
Standards of USR -961, and Road Maintenance Agreement as approved by the Board of County Commissioners
on February 12, 1992, to determine if probable cause exists to hold a hearing on revocation of USR-961. The Road
Maintenance Agreement involves Weld County Road 7, between Colorado State Highway 119, and Colorado State
Highway 52; Weld County Road 18, between Weld County Roads 7 and 5; and Weld County Road 5, between Weld
County Road 18 and the mine entrance.
Inspection by representatives of the Weld County Public Works Department have identified that you are not in
compliance with the above Road Maintenance Agreement and therefore the spirit of Development Standard (4) of
USR-961 has not been met.
4. The off -site road improvements agreement approved by the Board of County Commissioners shall
mitigate impacts generated by this mining operation in Weld County Road 5, 18, and 7. The agreement
shall include type of road improvements, the applicant's share of the improvements, means of financing,
and time frame for construction.
Specifically, the following five paragraphs of the Road Maintenance Agreement (February 12, 1992) are in question:
The County roads considered in this agreement are as follows: Weld County Road 7, between Colorado
State Highway 119, and Colorado State Highway 52; Weld County Road 18, between Weld County
Roads 7 and 5; and Weld County Road 5, between Weld County Road 18 and the mine entrance.
William and Margaret Kobobel
Page 2
2. The operator is restricted to hauling on the roads identified in paragraph 1 above.
5. The operator will.complete paving Weld County Road 5 between Weld County Road 18 and the mine
entrance by July 1, 1994. The paving will consist of three inches of hot bituminous asphalt, 24 feet wide.
The thickness of new base course will be determined by the Weld County Engineering Department
through standard testing and design procedures to be performed immediately prior to paving. Credit for
existing base course will be applied toward the depth of new base course. A four foot aggregate shoulder
will be constructed.
12. The operator and present and future gravel operators are required to share in reasonable future
maintenance and improvements when such maintenance is related to their hauling impacts.
13. Upon notification by the County, all gravel operators and the County will examine the roads and
determine a plan for the maintenance and improvements that are required. The County will have the final
determination as to what maintenance and improvements are required based on input from gravel
operators using the road.
If it is determined at the public hearing that there is probable cause that you are not in compliance with the
Development Standards and the signed Road Maintenance Agreement, the Board of County Commissioners will
schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. If you have any
questions regarding this matter, please give me a call at the above telephone number and we can discuss this matter
further.
Sincerely,
O
Monica -Daniels -Mika, AICP
Director
pc: VI -9700, USR-961, ZCH97002
Drew Scheltinga
Lee Morrison
Attachment: Road Maintenance Agreement (February 12, 1992).
m:probable
SERVICE, TEAMWORK, INTEGRITY, QUALITY
From: LEE MORRISON
To: mmika
Date: 11/19/97 4:55pm
Subject: kobobel
Reply requested when convenient
suggest you specifically cite violations of paragraphs 1, 2,5,12 , 13 -not following haul road, not paving,not
contributing to maintenance
It sounds as if they may be meeting 12 and 13 by paying another operator but we can sort that out at the hearing
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September O, 1997
Department of Planniny Services
weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
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Dear Monica:
This letter is regarding the letter we received dated September
11, 1997 regarding alleged non-compliance with the Development
Standards for USR-961 regarding the haul route of trucks hauling
from our gravel pit, Idaho Creek Gravel Company.
Per our telepheee conversation, we discussed that Idaho Creek
Gravel Company teems one truck which we are certain abides to the
haul route regulations. we do have several vendors that do
business with our company and they are informed of the
regulations constantly. We will continue to remind our vendors
on a day to day basis of the correct haul routes.
Thank you for your assistance.
Sincerely,
i11 aM& Margaret $obobel
Idaho 4zjeek Gravel company
Weld County Planning Dept.
SEP 3 0 1997
September 26, 1997
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Dear Monica:
This letter is regarding the letter we received dated September
11, 1997 regarding alleged non-compliance with the Development
Standards for USR-961 regarding the haul route of trucks hauling
from our gravel pit, Idaho Creek Gravel Company.
Per our telephone conversation, we discussed that Idaho Creek
Gravel Company owns one truck which we are certain abides to the
haul route regulations. We do have several vendors that do
business with our company and they are informed of the
regulations constantly. We will continue to remind our vendors
on a day to day basis of the correct haul routes.
Thank you for your assistance.
cerely,
Illiam & Margaret Ifobobel
Idaho Creek Gravel Company
atAlt
IIk.
COLORADO
September 11, 1997
William and Margaret Kobobel
7909 WCR 5
Longmont, CO 80501
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: VI -9700148, Violations of Development Standards for USR-961
Dear Mr. and Mrs. Kobobel:
It has come to the attention of the Department of Planning Services that you may not be in compliance with
the Development Standards for USR-961, approved by the Board of County Commissioners on February 12,
1992. The noncompliance is with Development Standards 3, 4, 13, 14, 16 and 17. The approved haul route
as described in Development Standard #3 is not being adhered to, and you have not followed through with
the Long -Term Road Maintenance and Improvements Agreement signed by you on February 12, 1992. A
copy of these items from the approved resolution are enclosed.
The Use by Special Review area must be brought into compliance with the Development Standards within
five days of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before
the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant
further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review
Permit.
Please call me or Monica Daniels -Mika, Director, Department of Planning Services within five working days
of the date of this letter (by September 18, 1997) to review the Planning Department's concerns. If you have
any further information that may clear up this matter, please call or write. Thank you for your cooperation.
Sincerely,
Julie Chester
Zoning Compliance Officer
pc: VI -9700096, USR-820
Monica Daniels -Mika, Director, Department of Planning Services
Drew Scheltinga, County Engineer
Bill Webster, County Commissioner
SERVICE, TEAMWORK, INTEGRITY, QUALITY
fotz
COLORADO
mEmoRAnDum
To
From
Subject:
Monica Mika Daniels, Director of Pla9 jng April 16, 1997
Drew Scheltinga, County Engineer ca
Idaho Creek Resources Road Agreement
In February of 1992, William and Margaret Kobobel (dba Idaho Oreek Resources) signed a Road
Maintenance and Improvements Agreement as required by a use by special review permit for an
open pit gravel mining operation. The pit is located on the west side of WCR 5 approximately 1/4
mile south of WCR 18.
The Agreement required Idaho Creek Resources to pave WCR 5 from the mine entrance north to
WCR 18 by July 1, 1994. That work has not been completed. I have had numerous discussions with
Mr. Kobobel and urged him to take some action. He indicated that Idaho Creek Resources was
financially unable to perform the paving. I recommended to him that rather than do nothing, he
should approach the Commissioners with an amended agreement. Nothing has been submitted as
of this date.
Subsequently, the Town of Frederick annexed the portion of WCR 5 that Idaho Creek Resources was
to pave. Mr. Kobobel told me he was no longer responsible to Weld County because of the Town's
annexation. I checked with Lee Morrison, who told me that Idaho Creek Resources was, in deed,
still responsible to make the improvements whether the Town has annexed this portion of road or
not. Also, I spoke to Ed Tagliente, Mayor of Frederick. He informed me that the Town of Frederick
has not relieved Idaho Creek Resources of any responsibility, and he requested Weld County pursue
the paving of WCR 5 with Mr. Kobobel.
I spoke to Mr. Kobobel twice since my discussion with Mr. Morrison and Mr. Tagliente, and Mr.
Kobobel indicated that he would respond. He has not.
I request that the Planning Department take the lead in initiating the appropriate action in resolving
this problem.
cc: Commissioner Harbert
Lee Morrison, Assistant County Attorney
Don Carroll, Public Works
c:wpfiles\drew\idaho
Weld County Planning Dept.
APR 1 71997
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.Complete Items 1 and/or 2 for additional swims.
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card to you.
• Attach this form to the front of the mailpiece, or on the beck if space does not
permit.
• Wdte'Return Receipt Requested' on the mailpiece below the article number.
. The Return Receipt will show to whom the article was delivered and the date
delivered.
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Kobobel
eld County Road 5
tit, CO 80501
I 5. Received By: (Print Name)
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permit.
I•Write'Retum Receipt Requested' on the mailpiece below the article number.
. The Return Receipt will show to whom the article was delivered and the date
c delivered.
Gene and Carolyn Bulthaup
620 Highway 52
Erie, CO 80516
5. Received By: (Print Name)
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permit.
• • W me'Retum Receipt Requested' on the mailpiece below the article meter.
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Leonard and Charles Rassmussen
B. Famuer
8120 Weld County Road 1
Longmont, CO 80504
5. Received By: (Print Name)
I also wish to receive the
following services (for an
• extra fee):
1. 0 Addressee's Address
2. ❑ Restricted Delivery Consult postmaster for fee. I
4a. grticie Number
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'i •Complete hems 1 and/or 2 for additional apices.
• Complete items S, 4a, and 4b.
I•Pant your name and address an the reverse of this form so that we can return this
card to you.
. Attach this form to the front of the mallplece, or on the back if space does not
I•W 'Realm Receipt Requested' on the mailpiece below the article number.
• The Return Receipt will show to whom the article was delivered and the date
8 delivered.
3
I
1
a
S
Stromquist Farms
12189 Oxford Road, Rt. 2
Longmont, CO 80501
5. Received By: (Print Name)
:�'h 41....yiY)Yt yr
6. Signature: (Addressee or Age t)
X
PS Form 3811, December 1994 kairbe, OW43-0179
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Arthle Number
3%7 47a a a
4b. Service Type
❑ Registered
certifled
❑ Express Mail 0 Insured .
•
❑ Return Receipt for Merchandse 0 COD 2
7. Date of Delivery
I2 -a -C--4
8. Addressee's Address (Only if requested
and fee is paid)
Domestic Return Receipt
c- SENDER:
3 uCor pieta Items 1 and/or 2 for additional services.
• .Complete hems 3, 4a, and 4b.
• Prim your name and address on the reverse of this form so that we can return this
card to you.
• Attach this form to the front of the malpiece, or on the back if space does not
permit.
M ' • WRefum Receipt Requested' on the mailpiece below the article number.
' The Return Receipt will show to whom the article wee delivered and the date
delivered.
Virginia Shaw
1435 Weld County Road 16-1/2
Longmont, CO 80504
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
P ' '? OD Dam
4b. Service Type 1,,4
❑ Registered fa -certified
❑ Express Mail 0 Insured
❑ Return Receipt for Merchandse 0 COD
7. Date of Delivery
5. Received By: (Print Name)
6. Signatur Add or t)
X
PS Form 3811, December 1994 7b (,J
8. Addressee's Address (Only if requested
and fee is paid)
P
Ip2595-97-B-0179 Domestic Return Receipt
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