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1 doing with the bottom of that pond.
2 MR. BAXTER: Well, I think that should be
3 stated that that was -- that that's the intent.
4 MR. RAU: We'll just reverse that slope.
5 CHAIR KIRKMEYER: So that would mean that
6 that would come back in front of the board for review and
7 approval when you go through and make sure the lagoon
8 meets all the --
9 MR. BAXTER: Whether it needs to be approved
10 or not, I think it needs to be down here, his intent is
11 to change the slope and move the water to the east side.
12 Whether we have to approve it or not.
13 CHAIR KIRKMEYER: Actually maybe that's
14 covered under 2 (A) (2) , Demonstration of the wastewater
15 retention structure is constructed with a lining
16 material. Because under 2 (A) that's going to come back
17 to the board for review and approval . So that's covered
18 and the lagoon is covered?
19 MS. HARBERT: I think so.
20 CHAIR KIRKMEYER: Okay. What about a
21 comprehensive drainage plan?
22 MR. CHILSON: Can you give me a number.
23 CHAIR KIRKMEYER: Sure. Item No. 2 . It's on
24 the proposal from the opponents on the Additional
25 Conditions of Approval, Exhibit KK. And I 'll -- also in
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1 Trevor's memo, dated the 12th of December, he also had a
2 notation in there about a comprehensive drainage plan
3 being required.
4 MR. HALL: Isn't that the same as 2 (A) (1) ?
5 MR. JIRICEK: Yeah, my comments in the memo
6 were a preliminary review, which we'll take a deeper look
7 at and get more comprehensive comments. So I don't know
8 if you want to do a review of the manure and wastewater
9 management plan now, which it sort of sounds like we're
10 leading that way, or let staff do it at a later date and
11 work with the applicant to come up with a comprehensive
12 document.
13 MR. HALL: I guess I don't know what your
14 definition of now is. Between now and 5: 00 or --
15 CHAIR KIRKMEYER: I think what's going to
16 happen is that, yes, you will do a review, and you'll
17 make a recommendation to the board.
18 And it will be up to the board to make sure
19 that it was demonstrated that all manure stockpile areas,
20 et cetera -- what's under 2 . 8 . 1, that we would review
21 that and approve it. That way there would be opportunity
22 for the public to comment. Does that make sense?
23 MR. JIRICEK: Sure. Yes, definitely.
24 CHAIR KIRKMEYER: So a comprehensive drainage
25 plan, then, basically is covered under 2 (A) (1) . We don't
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1 need to add any conditions of approval? Because you had
2 that in there when you were talking about the manure.
3 MR. JIRICEK: That's not covered
4 specifically. I think the language I had in my
5 recommendation --
6 MS. HARBERT: So how would you change
7 2 (A) (1) ?
8 CHAIR KIRKMEYER: Do you think there just
9 needs to be an addition?
10 MR. HALL: I don't know. It sounds to me
11 like it's the same type of -- not to say there's as many
12 words, but I think it says the same thing.
13 MR. JIRICEK: Yeah. Well , I think we can
14 work with the applicant to come up with a comprehensive
15 drainage plan like we're looking for.
16 CHAIR KIRKMEYER: Okay. Is that acceptable
17 with the board?
18 MR. BAXTER: As long as it includes all the
19 parts of the plan.
20 MR. RAU: Which wording are you settling
21 on now?
22 CHAIR KIRKMEYER: We haven't added any
23 wording. The board feels that that one is covered. The
24 comprehensive drainage plan can be covered under the
25 other conditions of approval .
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1 MR. RAU: Okay. Thank you very much.
2 CHAIR KIRKMEYER: Okay. The other one that
3 the opponents have suggested, that I 'd like to hear a
4 comment on, is, The applicant must submit a detailed
5 irrigation system design. And that gets into, Should
6 include how all tailwater will be detained and seepage
7 prevented.
8 Is that covered anywhere under our conditions
9 or development standards?
10 MR. RAU: I think it's covered in our plan,
11 to be honest with you.
12 CHAIR KIRKMEYER: Which plan?
13 MR. RAU: We discuss it -- our November
14 manure and wastewater management plan, there's --
15 CHAIR KIRKMEYER: Except for the tailwater
16 pond has been changed now.
17 MR. RAU: It's shown only in concept that it
18 has to be designed. It's shown, generally, the area
19 where it's intended to go. And the description of how
20 it's expected to perform is in there, also. Again, it's
21 the basis for doing a final design, which the board is
22 going to look at.
23 CHAIR KIRKMEYER: Okay. I guess that's the
24 final design, where is that in the conditions of
25 approval?
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1 MR. HALL: Well, that would have to be
2 2 (A) (3) , the way I read that. You'd have to demonstrate
3 it by showing the plan how it was going to be there.
4 CHAIR KIRKMEYER: Okay. The other thing I
5 had -- I guess I didn't see it in a condition --
6 MS. HARBERT: Well, wait a minute. Why
7 can't we add to 3 there that it includes tailwater
8 accumulation, also?
9 CHAIR KIRKMEYER: You want it to include, How
10 all tailwater will be detained and seepage prevented;
11 just add that sentence?
12 MS. HARBERT: Yeah, couldn't we add that to
13 No. 3?
14 CHAIR KIRKMEYER: I think so. I guess I'm
15 going to ask --
16 MR. CHILSON: We could certainly include
17 that. It would be part of the plan, so it's -- include
18 that if you feel more comfortable with that.
19 MS. HARBERT: I do.
20 MR. BAXTER: I think it would because it
21 basically talks about agronomic rates. And what you're
22 talking about here is -- so you're going to apply it
23 right, not too much, but it really doesn't address
24 tailwaters.
25 MR. CHILSON: That's right.
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1 MR. JIRICEK: Did you have a proposal for
2 language?
3 CHAIR KIRKMEYER: We want to add to 2 (A) (3) ,
4 the sentence, at the end there, That this should include
5 how all tailwater will be detained and seepage prevented.
6 MR. RAU: How about limited? Seepage is
7 never prevented. All the regulations to specify a
8 seepage rate in our much-loved landfill regs --
9 MS. HARBERT: That's, actually, this second
10 sentence in No. 3 there, Trevor, from the applicant's
11 suggestion. Paragraph No. 3 , it's the second sentence.
12 Okay? Except the last word should be limited instead of
13 prevented.
14 CHAIR KIRKMEYER: Okay. The opponents are
15 suggesting a detailed manure handling and disposal plan.
16 I guess I thought that was covered in our condition.
17 Planning staff, Todd or Trevor?
18 MR. JIRICEK: I think Todd addressed this a
19 few minutes ago. The part that's not specifically
20 addressed is the second sentence. It says, This plan
21 must be reviewed and approved by an independent
22 agronomist.
23 MR. HALL: I don't agree that we need that.
24 (Discussion among participants)
25 CHAIR KIRKMEYER: And I'm going through these
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1 and looking at the ones that I would consider adding on.
2 And I'm looking at No. 7 about the easement. And I
3 didn't see anything in the conditions or the development
4 standards about the applicant having to get an easement,
5 or whatever. No improvement, facility, or structure
6 shall be constructed upon or over or through any existing
7 easement unless the holder or owner of the easement
8 provides written consent.
9 MR. CHILSON: We can't accept that.
10 MR. MORRISON: That's not the law. It's a
11 matter of interference.
12 (Discussion among participants)
13 CHAIR KIRKMEYER: Okay. And No. 9 under that
14 proposal from the opponents was the odor abatement plan,
15 and we added that to 2 (D) . And also we added Development
16 Standard No. 22 .
17 MR. RAU: Madam Chairman, I do have one
18 suggestion on Mr. Chilson's idea of bringing drawings to
19 you. I'd like to bring what we fondly refer to in the
20 business as 90-percent complete plans and specs. So we
21 can incorporate any comments that the public or you have
22 before we finalize them and put them out to bid for
23 construction. Is that acceptable?
24 CHAIR KIRKMEYER: I see them shaking their
25 heads yes.
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1 MR. RAU: I just wanted to be clear.
2 CHAIR KIRKMEYER: Okay. Does the board have
3 any other questions, comments?
4 MR. HODGES: I have a comment concerning just
5 so that we -- if you do go into this, the two development
6 standards that you're looking at would actually become 18
7 and 19. And then the rest renumbered. And that's due to
8 the existing No. 20, That the property owner or operator
9 shall be responsible for complying with all of the
10 foregoing development standards, so that the order is
11 kept in line.
12 CHAIR KIRKMEYER: You reminded me of one more
13 thing. Prior to recording the plat, do you think it's
14 necessary that we add another condition that would say,
15 That the facility shall demonstrate compliance with
16 Section 47 of the Weld County Zoning Ordinance?
17 MR. HODGES: Staff would recommend that.
18 CHAIR KIRKMEYER: So that would be 2 (E) ?
19 MR. HODGES: There's also two others that
20 came to mind. That the plat shall be amended to show the
21 approved location of the manure storage area.
22 MS . HARBERT: And where would you put that?
23 MR. HODGES: 2 (F) .
24 MR. JIRICEK: That was 2 (E) , Todd.
25 CHAIR KIRKMEYER: 2 (E) was that, Prior to
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1 recording the plat, the facility shall demonstrate
2 compliance with Section 47 of the Weld County Zoning
3 Ordinance. That would be consistent with Development
4 Standard No. 7 .
5 MR. HODGES: And then there's one other
6 that I need to ask Lee about, and that's concerning the
7 pipeline, underground or buried pipeline easement,
8 whether that should be delineated. It's not described
9 specifically, but it should be delineated on the plat.
10 Is that something that --
11 MR. MORRISON: Right. It needs to be worked
12 around.
13 MR. HODGES: Okay.
14 CHAIR KIRKMEYER: So what's that wording?
15 MR. HODGES: So that would be 2 (G) , That
16 the buried pipeline easement shall be delineated on
17 the plat.
18 MR. CHILSON: The question that I have is how
19 can we do that? Center line description? Because I
20 don't know any other way to describe an easement legally
21 when you have an unknown width.
22 MR. MORRISON: Right. Well, I think the
23 center line is appropriate.
24 CHAIR KIRKMEYER: Center line description is
25 appropriate?
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1 MR. CHILSON: Now, I guess, the question is,
2 can we? It's a pipeline. And the question is, can you
3 survey a center line description of an underground pipe?
4 MR. RAU: About all I can do is shoot a line
5 from standpipe to standpipe or assume they went in a
6 fairly straight line.
7 MR. CHILSON: The problem we have is a legal
8 one. I could not represent to you that I could say that
9 we could comply with that.
10 MR. HALL: Just put on the approximate
11 location of the center line of the pipeline.
12 MR. HODGES: Just to show that there is a
13 pipeline existing, that's the main.
14 MR. CHILSON: Per proximate location, yeah.
15 CHAIR KIRKMEYER: And that would be 2 (G) , and
16 that would be, Approximate location with center line
17 description of a buried pipeline easement.
18 MR. CHILSON: Approximate description of the
19 center line.
20 CHAIR KIRKMEYER: Okay.
21 MR. CHILSON: That's what I want to make
22 sure of.
23 CHAIR KIRKMEYER: Okay. Staff, any further
24 recommendations?
25 MR. HODGES: Not at this time.
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1 CHAIR KIRKMEYER: Mr. Chilson, did you have
2 any other comments?
3 MR. CHILSON: No.
4 CHAIR KIRKMEYER: I don't think the board has
5 any more questions for Mr. Rau and Mr. Hirsch.
6 Mr. Hellerich, did you have any comments you
7 would like to make?
8 MR. HELLERICH: Yes, I would. I wasn't clear
9 on the odor abatement plan. What exactly happened to
10 that? Is it all encompassed or just broken down into two
11 different places?
12 CHAIR KIRKMEYER: Okay. Your No. 9 , the
13 first two sentences would be a condition of approval ,
14 2 (D) . The rest of that, starting with, The odor
15 abatement plan shall be implemented, would be a
16 Development Standard No. 19 .
17 MR. HELLERICH: I guess I will restrict my
18 comments as to the procedure that, I guess, they're
19 trying to set up here. And again, I would point out 24 . 6
20 and 20-27 and 24 . 6 . 1, what we're supposed to be doing.
21 This is in the zoning ordinances for the county, and it
22 says, That the applicant shall in the application set
23 forth to the extent that the standards affect location,
24 layout, and design, and that there is compliance.
25 And I've heard them talk about, Well, we
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1 can't design it now. We can't do all that stuff. That's
2 exactly what's supposed to have been done at this point
3 so that you know what the plans are.
4 MR. HALL: Are we talking about the new
5 issues? I guess I don't understand why --
6 MR. HELLERICH: Yes, it is a new issue. If I
7 understand correctly, what you're going to do here is set
8 up a process where this can be approved conditionally but
9 everything is going to come back to the county for
10 approval of all these various plans, the odor abatement
11 plan, the manure plan, all of that.
12 I have some series questions, is that going
13 to be a public hearing? Are we going to have a hearing
14 on each one of those or is it a consolidated hearing?
15 Will we have input to that? Are we going to receive
16 notice? Is everybody supposed to come back six different
17 times for six different hearings.
18 CHAIR KIRKMEYER: Mr. Morrison will answer
19 that question.
20 MR. MORRISON: Let me spell out what I
21 understand we're doing. And that is there's not a final
22 decision on the permit, as opposed to being conditionally
23 approved, which would be a final decision.
24 That the board is being asked to basically
25 separate the issues and, essentially, make at a separate
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1 hearing, or continuance of this hearing, a determination
2 that the health, safety, and welfare are adequately met
3 by the terms and conditions of the permit.
4 The permit is not yet -- if this tact is
5 followed, the permit would not be approved today. And so
6 it would be -- it's, essentially, a continuation of this
7 special use hearing.
8 What the board is being asked to do is make a
9 determination that it is possible to have a use that is
10 compatible.
11 But the final decision on whether that has
12 been accomplished by all these various plans would be
13 made at a later hearing. So there would be full
14 opportunity, notice, a public file for your review and
15 further comment on the appropriateness of each of those
16 plans that the board's discussed.
17 MR. HELLERICH: Is that at one hearing?
18 MR. MORRISON: Well , I hope so.
19 CHAIR KIRKMEYER: We can't guarantee that.
20 MR. MORRISON: That would be the process that
21 the board would do is, basically, continue this hearing
22 for the apportion of the issues that they have on a
23 special use permit.
24 And those are, essentially, the health,
25 safety, and welfare issues and a finding that they're
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1 sufficient terms and conditions to protect the public
2 health, safety, and welfare.
3 MR. CHILSON: Mr. Morrison, may I add
4 something to that, so that I can see if we're all on the
5 same page.
6 Specifically, we're asking you to make
7 findings under 24 . 4 . 2 . 1 through 24 . 4 . 2 . 7 in favor of the
8 permit. Subject to the applicant establishing the design
9 standards for use by special review in this situation are
10 such that the intent of the zoning resolution is met.
11 The design standards. Okay?
12 And that's what all of this deals with.
13 Designing this thing so that these impacts that we've
14 discussed have been properly designed and provided for.
15 Now, that is my intent in suggesting this
16 subsequent public hearing. But if you do not find that
17 any one of these is met -- any of 24 . 4 . 2 . 1 through 7, if
18 you cannot make a finding that those are met at this
19 time, turn us down -- because we can't afford to go
20 forward without those findings.
21 I just wanted to -- not from what you said,
22 Ms. Harbert, but from what Mr. Morrison said, I didn't
23 quite connect with it.
24 MS. HARBERT: That we approve this specific
25 development plan and special review permit for the
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1 2000-head dairy with the conditions -- the standards
2 and the conditions that we have set before.
3 Now just because we're going to approve those
4 plans doesn't mean that we haven't approved it. I mean,
5 we still have the conditions that we approve on the side
6 of all of this, like we do any other one. We do it with
7 every permit we have; we have standards and conditions
8 that we approve after we permit the special use.
9 MR. HELLERICH: As I understand, you're not
10 going to approve the permit?
11 MS. HARBERT: Yes.
12 MR. HELLERICH: You are or you're not?
13 MR. MORRISON: Well , I think the
14 distinction -- I asked Mr. Chilson if there would be a
15 recorded plat. Without the recorded plat, there's no
16 approved permit to act upon. So I'm not quite clear what
17 your intent was then.
18 I envisioned that you would be making a
19 decision through 24 . 4 . 2 . 6. And that 24 . 2 . 7 , which is
20 adequate protection for health, safety, and welfare,
21 would be one that would be reserved for a later hearing.
22 CHAIR KIRKMEYER: Mr. Chilson, you're shaking
23 your head.
24 MR. CHILSON: Well, yes. I see what
25 Mr. Morrison is saying. I look at it in terms of the
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1 adequate provision for protection of health, safety, and
2 welfare, be in compliance with the design standards, CAFO
3 and that. I think we're on the same page.
4 I guess I'm thinking more structurally in
5 terms of what exactly were coming back to you on. But
6 yes. Yes. To get it set, yes, I will agree with
7 Mr. Morrison.
8 CHAIR KIRKMEYER: Okay.
9 MR. MORRISON: Well, that is significant.
10 (Discussion among participants)
11 CHAIR KIRKMEYER: So, Mr. Hellerich, any more
12 comments?
13 MR. HELLERICH: I got the hint. Yeah, I
14 guess I don't know how you are going to be able to do
15 this because under 2 . 3 you're going to say that it is
16 compatible with existing surroundings, and yet you're
17 saying, We don't know if there's adequate protection.
18 I don't know how you can bifurcate it, I
19 guess is what I'm really saying.
20 MS. HARBERT: I guess it is compatible with
21 surrounding uses. We have a cattle feeding operation on
22 one side, a sheep feeding operation on the other, and a
23 dairy in the middle; they're all very large agricultural
24 uses. You know, I think because this is being increased
25 in size, we just want to make sure that it falls together
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1 the way that we intended it to fall together.
2 And, you know, I don't know that we have to
3 do this in a public hearing. The health department
4 usually -- or the planning department, whoever's
5 responsibility it is, usually approves these on any
6 other one.
7 I guess if this is going to cause a big
8 problem, I'll withdraw this and just say the health
9 department and the planning department can approve it,
10 to heck with the commissioners.
11 But I just felt that we have enough
12 controversy about it, that I would like to see what's
13 happening out there. But if it's going to be a big legal
14 problem with you, then I'll withdraw that.
15 MR. HALL: Well, you may be able to, but
16 I won't.
17 CHAIR KIRKMEYER: We haven't made any
18 motions yet.
19 MR. HELLERICH: But that's the point.
20 MR. HALL: The whole point is, essentially --
21 and I agree with Commissioner Harbert is that it is a
22 compatible use. I mean, I don't know anybody -- the way
23 I see it, I don't know how you could make it any
24 different.
25 But I do think there are some concerns with
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1 the health, safety, and welfare of the neighbors in the
2 area, and I do want to see those concerns taken care of.
3 So that's where I'm coming from.
4 CHAIR KIRKMEYER: And I would just add to
5 that, I would agree with both these commissioners.
6 And if they do meet all of these regulations
7 and meet all these conditions of approval that we're now
8 going to get to look at and review before we can say they
9 meet them, then I think that would provide adequate
10 provision for the protection of health, safety, and
11 welfare of the neighborhood.
12 MR. HALL: And I think we should do it in a
13 public hearing. And that's what we're trying to do is
14 insert that into the process as a convenience to the
15 neighbors, not as a -- some special process that we're
16 trying to create a super approval situation, you know.
17 MR. HELLERICH: We will be given notice and
18 opportunity to participate.
19 MR. HALL: Right.
20 MR. BAXTER: I think that's the concession
21 that we're thinking of making we don't normally make.
22 MR. HELLERICH: Okay. I have no other
23 comments on that.
24 CHAIR KIRKMEYER: Any other comments,
25 Mr. Chilson? Okay.
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1 MS. HARBERT: I think I wrote everything
2 down, so I'll take a stab at it.
3 I'm going to move that we approve the site
4 specific development plan and special review permit for a
5 2000-head dairy operation in the A (Agricultural) Zone
6 District for the Hirsch Dairy operation and with the
7 following changes in the development standards.
8 No. 1, we change 15 days to 30 days.
9 Under 2 (A) (3) , we include the sentence on
10 tailwater.
11 We include -- we add 2 (D) , which would be for
12 the odor abatement plan.
13 2 (E) , which would be the Section 47 --
14 compliance with Section 47 of Weld County Building
15 Permit.
16 2 (F) , show on the plat the relocation of the
17 manure facility.
18 2 (G) , to show on the plat the approved -- the
19 approximate description of the center line of the
20 easement.
21 And then go to the development standards
22 where we added No. 18 , no waste in the ditch.
23 No. 19, the odor abatement plan. And change
24 the numbering of the last three, 18 , 19 , and 20 .
25 And then add No. 21, which was given to us in
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1 written form.
2 (Discussion among participants)
3 MS. HARBERT: That was a renumbering, I'm
4 sorry.
5 CHAIR KIRKMEYER: The only other thing we
6 need to add to your motion is that where it says,
7 Approval by the County Health Department, needs to be
8 approval by the Board of County Commissioners.
9 MS. HARBERT: Right.
10 CHAIR KIRKMEYER: I have a motion by Connie
11 and seconded by Dale to approve with the amended
12 conditions of approval and development standards.
13 MR. MORRISON: Are you going to make that
14 subject to a final determination upon a review of those
15 plans as to the adequate provision for the protection,
16 health, safety, and welfare of the inhabitants of the
17 neighborhood and the county?
18 CHAIR KIRKMEYER: Do we need to?
19 MR. MORRISON: That makes your decision final
20 after review of those plans, rather than now.
21 CHAIR KIRKMEYER: Okay. We're going to amend
22 that in. Any further discussion on the motion? All
23 those in favor, please say aye.
24 (Ayes)
25 CHAIR KIRKMEYER: Opposed. Motion carries.
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1 Thank you everyone for coming.
2 (The hearing concluded at 5: 16 p.m. ,
3 December 16, 1996)
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1 STATE OF COLORADO)
2 ) ss. REPORTER'S CERTIFICATE
3 COUNTY OF WELD )
4 I , Linda M. Koenig, do hereby certify that
5 I am a Registered Professional Reporter and Notary
6 Public within the State of Colorado
7 I further certify that these proceedings were
8 taken in shorthand by me at the time and place herein
9 set forth and was thereafter reduced to typewritten
10 form, and that the foregoing constitutes a true and
11 correct transcript.
12 I further certify that I am not related to,
13 employed by, nor of counsel for any of the parties or
14 attorneys herein, nor otherwise interested in the
15 result of the within action.
16 In witness whereof, I have affixed my
17 signature and seal this 10th day of January, 1997 .
18 My commission expires April 26 , 1997 .
19
OPM. KO ►Y // 4\'G , n" 5
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v1� C Linda M. Koenig, RPR
21 NOW 710 - 11th Avenue, Suite 106
w Greeley, Colorado 80631
22 `a P C eeC 8
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