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Home My WebLink About20240449.tiffRESOLUTION RE: ACTION OF THE BOARD AT SHOW CAUSE HEARING, PCSC22-0021, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR11-0004, FOR AN OIL AND GAS SUPPORT FACILITY (WATER HAULING) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MAINTENANCE AND FABRICATION OF NEW AND EXISTING TRUCKS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL) ZONE DISTRICT - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 21, 2024, a Show Cause Hearing was conducted to consider revocation of Use by Special Review Permit, USR11-0004, for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (maintenance and fabrication of new and existing trucks) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, issued to Donn Foster and Mary Lee Hardy, Foster Trucking, Inc., P.O. Box 513, Kersey, Colorado 80644, and WHEREAS, Donn Foster and Mary Lee Hardy, Foster Trucking, Inc., are the current owners of the facility located on property being further described as follows: Lots A and B of Recorded Exemption, RE -4573; being part of the N1/2 SW1/4 of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the Board of County Commissioners heard all of the testimony and statements of those present, reviewed the request of staff for a continuance and, having been fully informed, deemed it advisable to continue the matter to March 27, 2024, at 10:00 a.m., to allow the permittees time to finalize the engineer drawings and the Ditch Agreement, and WHEREAS, on March 27, 2024, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the permit holder, and the recommendation of Planning staff, and having been fully informed, deemed it advisable to dismiss the Show Cause hearing and refer the matter back to staff to allow the permittee adequate time to construct the improvements, in accordance with the accepted drawings. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that based on the request concerning Use by Special Review Permit, USR11-0004, issued to Donn Foster and Mary Lee Hardy, Foster Trucking, Inc., the Show Cause CC : PL (ER/t-o, /t-w/KR) GA (88), ASR(SG), APPL. 04 /1'7/2'1 2024-0449 PL0674 DISMISS SHOW CAUSE HEARING, PCSC22-0021 (USR11-0004) - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING, INC. PAGE 2 hearing is dismissed and the matter, be, and hereby is, referred back to staff to allow the permittee adequate time to construct the improvements, in accordance with the accepted drawings. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: did.,A) `r;4 Weld County Clerk to the Board Om c Deputy Clerk to the Board AP ED County Attorney 41)v Date of signature: WELD COUN LO Kevjiv-D Ross, Chajr Perry L. Bjcick, Pro-Tem 1114.;--e- Mike reeman •.•‘. •tt K. James ore Saine 2024-0449 PL0674 MEMORANDUM TO Board of County Commissioners DATE March 27, 2024 FROM Department of Planning Services, Kim Ogle, and Michael McRoberts, PE SUBJECT PCSC22-0021 - Foster Trucking Outstanding issues to be resolved per prior Site Inspections The Department of Planning Services conducted a site inspection on March 26, 2024 to verify the status of the outstanding issues to be resolved at the Foster Trucking properties prior to the March 27, 2024 Commissioners Show Cause hearing Previous issues requiring addressing by the applicant included Planning Services staff does not have written evidence that the 3000 -gallon fueling station, that was not part of the original request has been approved by state permitting agencies The current lease holder shall provide written evidence of compliance with the Department of Public Health and Environment, Department of Labor and Employment, Division of Oil and Public Safety 2 Planning Services staff does not have written evidence that the outbound stop sign is sited and constructed to known standards using the materials and dimensions specified in the accepted plans (Original CD Set) { , 3 Planning Services staff does not have written evidence that the ADA (handicap) symbol shall be installed in front of the'building utilizing the standard handicap symbol specified in the accepted plans (Original CD Set) ' The March 26, 2024 site visit determined that the outbound stop sign had been placed correctly and the height of the sign was in compliance with known standards using the materials and dimensions specified in the accepted plans Also planning staff determined the ADA symbol for a designated parking area for non - ambulatory persons was placed on -the pavement utilizing the standard handicap symbol specified in the accepted plans Photographic evidence of each condition is attached End Memorandum Accepted by Department of Planning Services Development Review 3.26.2024 w*. •4. • F • r • •B .b. t. 1 • I: •. 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Accepted by Department of Planning Services Development Review 3.26.2024 O O O MEMORANDUM TO Board of County Commissioners DATE March 27, 2024 FROM ',/' � kim Ogle and Michael McRoberts, P E , Planning Services SUBJECT PCSC22-0021 Donn and MaryLee Foster Corrected USR11-0004 Representatives for the Department of Planning Services and Ogilvy Ditch Company have reached an agreement on the site improvements required for the Foster Trucking site Planning Services staff is in receipt of electronic mail correspondence received from Doug Seely, Ogilvy Ditch Engineer acknowledgement of accepted Construction Drawings Planning Services staff is in receipt of electronic mail correspondence received from Mike McRoberts, Development Review Engineer acknowledgement of accepted Construction Drawings Planning Services staff is in receipt of electronic mail correspondence received from Whitney Coulter, Esq , Counsel for the Ogilvy Ditch with acknowledgement of accepted Construction Drawings and a pending signed agreement with Donn and MaryLee Foster Ms Coulter is prepared to provide the signed agreement at the March 27, 2024, hearing In addition to the construction of the drainage revisions and stormwater quality requirements associated with the accepted construction drawings, there are three (3) outstanding items to be addressed 1 Planning Services staff does not have written evidence that the 3000 -gallon fueling station, that was not part of the original request has been approved by state permitting agencies The current lease holder shall provide written evidence of compliance with the Department of Public Health and Environment, Department of Labor and Employment, Division of Oil and Public Safety 2 Planning Services staff does not have written evidence that the outbound stop sign is sited and constructed to known standards using the materials and dimensions specified in the accepted plans (Original CD Set) 3 Planning Services staff does not have written evidence that the ADA (handicap) symbol shall be installed in front of the building utilizing the standard handicap symbol specified in the accepted plans (Original CD Set) The Department of Planning Services is recommending this case be referred back to the Department of Planning Services to allow the applicant time to construct (between November 1, 2024, and March 31, 2025), the improvements associated with the accepted Construction Drawings dated March 22, 2024 Planning Services is requesting a date of Wednesday April 2, 2025, to schedule a follow-up hearing on PCSC22-0021 on behalf of Donn and MaryLee Foster, unless written evidence of acceptance of all site improvements has been received from the Ogilvy Ditch representatives and Weld County Planning Services From: Cameron Knapp <cknapp@drexelbarrell.com> Sent: Friday, March 22, 2024 2:59 PM To: Kim Ogle <kogle@weld.gov> Cc: Mike McRoberts <mmcroberts@weld.gov> Subject: FW: [EXTERNAL]RE: [EXTERNAL]RE: FOSTER TRUCKING DRAINAGE REVISIONS Cautior This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Just FYI - since Doug was not copied, I passed your email on to him. And per his reply (in which you were not copies), looks like he and the ditch company are good with the plans too. From: Doug Seely <doug@nocoengineering.com> Sent: Friday, March 22, 2024 2:55 PM To: Cameron Knapp <cknapp@drexelbarrell.com>; marvlee@fostertruckinc.com Subject: [EXTERNAL]RE: [EXTERNAL]RE: FOSTER TRUCKING DRAINAGE REVISIONS Thanks Cameron. Ogilvy approves the plans as well. Doug Seely noco ENGINEERING INC. DOUGLAS C. SEELY, PE 8209 W. 20th Street, Suite A Greeley, CO 80634 970-988-1459 From: Mike McRoberts <mrncroberts@weld.gov> Sent: Friday, March 22, 2024 2:52 PM To: Kim Ogle <kogle@weld.gov> Cc: Dawn Anderson <dranderson@weld.gov>; Cameron Knapp <cknapp@drexelbarrell.com> Subject: [EXTERNAL]RE: FOSTER TRUCKING DRAINAGE REVISIONS Hi Kim, I have reviewed and accepted the following items prepared by Cameron Knapp, P.E., of Drexel, BarrelI and Company: • The March 22, 2024, Proposed Drainage Compliance Letter with supporting calculations; • the Revised Drainage Plan; • the Detailed Pond Grading Sheet; and • the Pond Detail Revisions Sheet. These foregoing items were prepared by Drexel BarrelI (with the input and approval of the Ogilvy Ditch Company) to bring the Foster Trucking USR11-0004 site into compliance. It is my professional opinion that the proposed revisions were well thought out and based on sound engineering principals. It is unusual for me to see engineering documents and plans as well prepared as these. Please let me know if you have any questions. Regards, Mike McRoberts, P.E. Development Review Engineer Weld County Planning & Zoning 1555 N. 17t17 Avenue Greeley, CO 80631 (970) 400-3798 Frorn: Cameron Knapp <cknapp@drexelbarrell.com> Sent: Tuesday, March 19, 2024 11:43 AM To: Kim Ogle <kogle@weld.gov> Cc: Mike McRoberts <mmcroberts@weld.gov>; Whitney Coulter <whitneycoulter@fischerbrownlaw.com>; Doug@NOCOEngineering.com; marylee@fostertruckinc.com Subject: RE: [EXTERNALJRE: [EXTERNALJFW: FOSTER TRUCKING DRAINAGE REVISIONS Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, I got a few comments from Doug yesterday concerning the latest plans. We just talked to discuss those but just FYI, there are two things that I am going to work on revising based on the Ogilvy Ditch concerns: 1. Extend the outfall pipe further beyond the ditch slope to overhang a few feet. The pipe will discharge onto grouted riprap with this slight extension such that erosion of the pond side wilt not occur (even though the side slope will also have grouted riprap). 2. The ditch company would like to see a 15' wide flat section along the top of the berm that separates the ditch and the pond (actually for the full length along the property too). Currently I had designed it with just a 3' width. That will result in pushing the side slope on the south side of the pond much more inward so I will need to make some adjustments to the pond configuration to still get our required volume. My plan is to try and get these revisions done either by tomorrow or Thursday. Doug said that if I can do that and provide the updated drawings to him by then, he should have time to review them and hopefully provide approval before next Wednesday's hearing. I will be in touch but let me know if anyone has any questions at this time. Thanks, Cameron From: Kim Ogle <kogle@weld.gov> Sent: Monday, March 18, 2024 6:55 AM To: Cameron Knapp <cknapp@drexelbarrell.com> Cc: Mike McRoberts <mmcroberts@weld.gov>; Whitney Coulter <whitneycoulter@fischerbrownlaw.com>; Doug@NOCOEngineering.com Subject: [EXTERNAL]RE: [EXTERNALJFW: FOSTER TRUCKING DRAINAGE REVISIONS Cameron, Do you have an update on the Foster Trucking Project? Next hearing is March 27, 2024 Thanks Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle @weld.Rov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Monday, March 11, 2024 8:40 AM To: Cameron Knapp <cknapp@drexelbarrell.com> Cc: Mike McRoberts <mmcroberts@weld.gov> Subject: RE: [EXTERNAL]FW: FOSTER TRUCKING DRAINAGE REVISIONS Thanks Cameron Kim From: Cameron Knapp <cknapp@drexelbarrell.com> Sent: Monday, March 11, 2024 8:36 AM To: Kim Ogle <kogle@weld.gov> Cc: Mike McRoberts <mmcroberts@weld.gov> Subject: RE: [EXTERNAL]FW: FOSTER TRUCKING DRAINAGE REVISIONS Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, Great, thank you very much for the response. I will make that change right away. Still waiting to hear if the Oglivy Ditch company has any further comments too but I will keep on them about that so I can hopefully get this wrapped up this week. Once finalized, I will send you the revised Drainage Letter and Plans again. Thanks, Cameron From: Kim Ogle <kogIe@weld.gov> Sent: Monday, March 11, 2024 8:26 AM To: Cameron Knapp <cknapp@drexelbarrell.com> Cc: Mike McRoberts <mmcroberts@weld.gov>; Kim Ogle <kogle@weld.gov> Subject: [EXTERNAL]FW: FOSTER TRUCKING DRAINAGE REVISIONS Cameron, see Mike's comments. Thank you Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weldg;ov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Mike McRoberts <mmcroberts@weld.gov> Sent: Monday, March 11, 2024 8:18 AM To: Kim Ogle <kogle@weld.gov> Cc: Dawn Anderson <dranderson c[�weld.gov> Subject: RE: FOSTER TRUCKING DRAINAGE REVISIONS Hi Kim, Cameron Knapp's February 19, 2024, drainage letter for Foster Trucking is acceptable. The only correction I would ask Cameron to make in his letter is regarding the pavement surface and associated impervious value. The 75% impervious value for the pavement is required because Mr. Foster recently placed several inches of recycled asphalt on top of his expanded parking area. Recycled asphalt is considered 75% impervious (per Table 5-2 of the Weld County Engineering and Construction Criteria manual) as shown in screenshot below. Table 5-2 Percentage Impervious Values for Weld County Land Use or Surface Characteristics 1 Percent Impervious (%) Streets: Paved 100 Packed Cleared, Roads/Parking/Storage) Gravel Earthen (Includes Areas typically Road Base and used for Compacted, 40 Recycled Asphalt Pavement 75 Drives and Walks 90 Let me know if you have any questions. Regards, Mike McRoberts, P.E. Development Review Engineer Weld County Planning & Zoning 1555 N. 17th Avenue Greeley, CO 80631 (970) 400-3798 MEMORANDUM TO: Board of County Commissioners DATE: February 21, 2024 FROM: Kim Ogle and Michael McRoberts, P.E., Planning Services SUBJECT: PCSC22-0021 Donn and MaryLee Foster Corrected U S R 11-0004 The Department of Planning Services and Development Review are recommending a continuance of the Show Cause Hearing, PCSC22-0021, to allow the applicant time to prepare the Construction Drawings for review and acceptance by the Ogilvy Ditch and Weld County Department of Planning Services - Development Review. The property owner, Donn Foster submitted a letter dated February 19, 2024 acknowledging the required site improvements to bring the property into compliance with the Corrected USR11-0004 Map and the in development Construction Drawings associated with discharge of waters into the Ogilvy Ditch. The discharge agreement per Fischer Brown is pending. For the record, there are multiple items that require accepted Construction Documents by the Ogilvy Ditch and Weld County Planning Services - Development Review. It is Weld County's understanding that the following require addressing: First, engineered evidence that the stormwater capture/quantity has been taken into consideration and best management practices implemented as prescribed by the USR Development Standards. Second, the outlet structure with water quality orifice plate, trash rack, flared end section, and rip rap on the ditch sidewall have been constructed per the accepted Ogilvy and Development Review Construction Drawings. Third, the perimeter swales directing overland flows to the stormwater capture area shall be constructed per the 2024 accepted Ogilvy and Development Review Construction Drawings. Four, the emergency spillway, cutoff wall and rip rap on the ditch sidewall shall be constructed per the 2024 accepted Ogilvy and Development Review Construction Drawings. Five, the 3000 -gallon fueling station was not a part of the original permit and there is no evidence of compliance with permitting through local or state permitting agencies. The current lease holder shall provide written evidence of compliance with the Department of Public Health and Environment, Department of Labor and Employment, Division of Oil and Public Safety. Six, the outbound stop sign is to be sited and constructed to known standards using the materials and dimensions specified in the accepted plans. (Original CD Set) Lr Seven, the ADA (handicap) symbol shall be installed in front of the building utilizing the standard handicap symbol specified in the accepted plans. (Original CD Set) Eight, written evidence of a signed agreement between the Ogilvy Ditch Company and Donn and MaryLee Foster for discharge of overland flows into the Ogilvy Ditch. In the interim, weather permitting the installation of the outbound stop sign and the installation of the ADA (Non -Ambulatory) symbol may be placed as specified in the original CD set. We request this hearing to be scheduled to a date certain, no later than March 27, 2024, to allow the property owner, Donn and MaryLee Foster, their consulting engineer and the Ogilvy Ditch Company to accept the new Construction Drawings. This time will also allow for the preparation of a ditch agreement to be notarized and signed between Donn and MaryLee Foster and the Ogilvy Ditch Company. A copy of the signed agreement is requested by Weld County. Should there be evidence of a signed ditch agreement and the Construction documents have been accepted by Ogilvy Ditch and Weld County, this office is prepared to request the case be referred back to Planning to allow the property owner time to construct the site and ditch improvements per the accepted plans after November 1, 2024 and before April 1, 2025 when irrigation water returns to the Ogilvy Ditch. thr MEMORANDUM TO: Board of County Commissioners DATE: February 21, 2024 FROM: Kim Ogle and Michael McRoberts, P.E., Planning Services SUBJECT: PCSC22-0021 for USR11-0004 Case Summary Case Number: USR11-0004 Name: Donn Foster and Mary Lee Hardy, do Foster Trucking Inc. Situs: 23436 County Road 60.5, Greeley, Colorado 80631 Legal Description: Lots A and B of Recorded Exemption #4573; being part of the N 1 f2SW1 /4 of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Total Acreage: 8.23 acres (Lot A 4.07 acres, Lot B 4.16 acres) Location: South of and adjacent to County Road 60.5, approximately 1900 -feet east of Weld County Parkway (CR 47) Timeline September 21, 2022 First Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrel) Construction Plans dated January 2012. Little to no change in property compliance status. October 27, 2022 Second Site Inspection to determine compliance with Corrected USR11- 0004 map and associated improvements referenced in the Drexel Barrel) Construction Plans dated January 2012. Little to no change in property compliance status PCSC22-0021 for USR1 1-0004 Foster Trucking Page 1 December 22, 2022 December 23, 2022 December 26, 2022 December 27, 2022 December 27, 2022 December 28, 2022 January 10, 2023 Donn Foster telephoned the County to discuss the letter dated December 20, 2022 re: Non-compliance with the site plan for USR11-0004 and Correct USRI1-0004 recorded on February 8, 2012, under reception #3823865. The Corrected USR11-0004 Map was recorded April 18, 2012, under reception # 3839853. Donn Foster telephoned the County to discuss the letter dated December 20, 2022 Donn Foster telephoned the County to discuss the letter dated December 20, 2022 Donn Foster telephoned the County to discuss the letter dated December 20, 2022. Mr. Foster indicated that the asphalt was present albeit under a layer of millings south of the single row of cattle guards. Mr. Foster inquired on how to permit the fueling station. A letter from the Eaton Fire District and State Agency were required for compliance at a minimum. Mr. Ogle provided the USR11-0004 recorded on February 8, 2012, under reception #3823865 and the Corrected USRI 1-0004 Map was recorded April 18, 2012, under reception # 3839853 via email with a .pdf of each drawing attached for reference. Planning Services received a letter from Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys for the Ogilvy Ditch in follow-up to memorialize in writing that Ogilvy is unaware of any agreement, verbal or otherwise, authorizing the drainage of surface flows directly into the Ogilvy Ditch on the Foster/Hardy parcel Mr. Ogle provided a follow-up letter memorizing the December 27, 2022 telephone conversation with Donn Foster. As an attachment to the email, Mr. Ogle provided the Brown, Bartlett, Larsen & Irby, P.C letter received December 27, 2022 Mr. Ogle received a letter from Donn Foster and Mary Lee Hardy in response to the to the December 22, 2022 letter providing Notice of non- compliance with USR11-0004 (Oil and Gas Support Facility (water hauling) and any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), recorded on February 8, 2012, under reception #3823865. The Corrected USRI 1-0004 Map was recorded April 18, 2012, under reception # 3839853 PCSC22-0021 for USR11-0004 Foster Trucking Page 2 tar January 25, 2023 February 1, 2023 June 28, 2023 July 11, 2023 July 12, 2023 December 7, 2023 January 4, 2024 January 4, 2024 January 9, 2024 January 12, 2024 Third Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrell Construction Plans dated January 2012. Little to no change in property compliance status, Probable Cause Hearing, PCSC22-0021 concerning Special Use Permit USR11-0004 for Donn Foster and Mary Lee Hardy, do Foster Trucking Inc. The Board heard the testimony and statements and continued the case to July 12, 2023 to allow the permittees adequate time to bring the site into compliance. Fourth Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrelf Construction Plans dated January 2012. A substantial attempt to bring the property into compliance. Electronic mail correspondence from Daniel K. Brown of Fischer, Brown, Bartlett, Larsen & Irby, P.C., Probable Cause Hearing, PCSC22-0021 concerning Special Use Permit USR11-0004 for Donn Foster and Mary Lee Hardy, do Foster Trucking Inc. Case continued until January 10, 2023 to allow Donn Foster and Mary Lee Hardy, c/o Foster Trucking Inc time to obtain a Ditch Agreement and complete construction of site Fifth Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrel! Construction Plans dated January 2012. A substantial attempt to bring the property into compliance. Electronic mail sent to Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys of record for the Ogilvy Ditch without return response as of Monday January 8, 2024 Sixth Site Inspection to verify if new work completed prior to January 10, 2024 hearing before the Board of County Commissioners. Planning Services received electronic mail correspondence from Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys for the Ogilvy Ditch stating there is a tentative agreement pending. Planning Services, Development Review, County Attorney's office, Fischer, Brown, Bartlett, Larsen & Irby, Pt. attorneys of record for the Ogilvy Ditch, Donn and Mary Lee Foster, Ogilvy Ditch Company Secretary Scott Cockroft, and Doug Seely with NOCO Engineering and Ogilvy Ditch Company PCSC22-0021 for USR11-0004 Foster Trucking Page 3 engineer to discuss the steps moving forward to bring the property into compliance with the County and the Ogilvy ditch company. Discussion centered on the Design Details per the accepted plans prepared by Cameron Knapp with Drexel Barrell & Company. Ditch Company is requesting updated plans that do not have a concrete run down panel or concrete floor plate. If constructed as drawn would create maintenance difficulties based on the equipment utilized for maintenance. Donn Foster agreed to contact Drexel Barrell and working in conjunction with Noco Engineering develop a set of plans that would be acceptable to the ditch company and address Weld County's concerns. January 29, 2024 Cameron Knapp, Drexel Barrell & Company contacted county staff to discuss the current drawing set based on conversation with Donn Foster. February 15, 2024 Planning staff reached out to Donn and Mary Lee Foster for an update on progress made to date. February 16, 2024 Whitney Coulter, Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys of record for the Ogilvy Ditch states: "At this point, Mr. Seely (NOCO Engineering) and Engineer consultant to the Ogilvy Ditch has spoken with their engineer (Drexel & Barrell} about Ogilvy's requested changes to their initial drawings but he has not seen revised drawings." We (Fischer, Brown, Bartlett, Larsen & Irby, P.C.) have a draft agreement and are working to finalize that. Cameron Knapp, Drexel, Barrel! & Company, engineer consultant states: "Just so you know, I am working right now on revising the plans to address the ditches concerns and also the County's comments in regard to the onsite drainage. We are still in need of verifying some existing inverts/grades by our surveyor (not expected to get out to the property until sometime next week), but based on past design grades, measures I took from recent site visits, and a current aerial overlay; I have proceeded with redesigning the stormwater pond given the added gravel areas. This has resulted in a much larger volume for the pond and I am working on trying to gain the volume by raising the surrounding berms up to a new Freeboard height so as to minimize the actual existing footprint area of the pond. My revised design will try to incorporate what I can to keep the newly constructed elements (pipe/outlet works/overflow weir/pond area) in place with just some modifications rather than tearing out and rebuilding everything. PCSC22-0021 for USR11-0004 Foster Trucking Page 4 L February 19, 2024 February 20, 2024 Background October 26, 2011 February 12, 2012 March 21, 2012 April 18, 2012 !should be able to provide revised plans and drainage report to everyone by end of day (EOD) on Monday. There may be some tweaking to that based on the survey info 1 plan on getting but that should be fairly minor adjustments need, if any, from that point." Mary Lee Foster, on behalf of Foster Trucking in an email states: "At this point we are waiting for the survey to be done so we can install stop sign, we have everything together for the handicap sign but we are waiting for the weather to warm up so we can install it. We have been in touch with Drexel & Barrel! and we are still waiting for his new plans so we can continue." Mr. Ogle received correspondence from Donn Foster, Foster Trucking Inc. stating "1 will do everything with these requirements that are asked of me? Cameron Knapp, Drexel, Barrel! & Company, engineer consultant provided by electronic mail received in this office a letter outlining the proposed drainage revision to bring the Foster Trucking site into compliance with Drainage and Storm Water Quality requirements for the current land use permit Corrected USR11-0004. This letter is attached. The complete analysis is attached as a separate document. Board of County Commissioners approval of Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. USR11-0004 map recorded under reception #3823865. Board of County Commissioners accepted an Irrevocable Letter of Credit No. STB12200004 from First National Bank of Omaha, in the amount of thirty-seven thousand nine hundred seventeen (37,917.00) dollars. Corrected USRI 1-0004 Map recorded, under reception # 3839853 (New shop building sited 95 -feet south of CR 60.5 C/L instead of 75 -feet) PCSC22-0021 for USR11-0004 Foster Trucking Page 5 Summary Based on the four site inspections, September 21, 2021, October 27, 2022 and January 25, 2023, and December 7, 2023 County staff finds the site improvements are not in compliance with the Corrected USR11-0004 map accepted by Planning Services and recorded. County staff finds the following site improvements are still not in compliance: • The site's access does not have the required 60 -foot radii. • The site's permanent tracking control has not been constructed to include the required 100 - foot asphalt pavement and back-to-back double cattle guards. • The access culvert has addressed to allow for positive drainage. • The stop sign had been installed, not in the correct location and not to the standardized height • The haul route signs have not been installed at the site's exit point. • The pipe rail fence running parallel to CR 60.5 still encroaches into the County's right-of- way • The western and southern gravel truck parking areas, stall delineations, and bollards have not been constructed per the USR map. • The breach of the water quality pond bank has not been properly repaired. • Vegetation in the water quality pond still exceeds the maximum height of 12 inches specified in the Development Standards. • The parking stall stripes and ADA (handicap) symbol have not be installed on the concrete pavement next to the building. • The trash dumpster has not been screened. • Off-street parking spaces had not been graded to prevent drainage problems. • The new breach of the Ogilvy Ditch has not been repaired. • Stormwater capture/quantity has not taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • The 3,000 gallon above ground diesel fuel tank has not been removed. The June 28, 2023 site investigation determined that there was a substantial effort put forward in an attempt to address the previously cited non -compliant improvements. Of the non - complaint issues, Planning Services is accepting of the following: • The site's access does not have the required 60 -foot radii. • The site's permanent tracking control has been constructed to include the back-to- back double cattle guards. • The access culvert has been addressed to allow for positive drainage. • The stop sign is not in the specified location. • The western and southern gravel truck parking areas, stall delineations, and bollards have been constructed per the recorded Corrected USR11-0004 Map. • The breach of the water quality pond bank has not been properly repaired. PCSC22-0021 for USR 11-0004 Foster Trucking Page 6 • The parking stall striping has been installed. • The ADA (handicap) symbol is not present on the concrete pavement next to the building. • Off-street parking spaces has been graded to prevent drainage problems. • The new breach of the Ogilvy Ditch has been repaired. • Stormwater capture/quantity has not taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • The 3,000 gallon above ground diesel fuel tank has not been removed or evidence submitted of CDPHE and Greeley Fire Department approvals. The December 7, 2023 and January 4, 2024 site investigations determined that there was a substantial effort put forward in an attempt to address the previously cited non -compliant improvements. Of the non -complaint issues, Planning Services is accepting of the following: • Culverts at entry onto the property accepted. • Drainage pattern adjacent to ditch — erosion, appears to have been corrected. Outstanding items: • Stop sign is not in the specified location and has not been installed using the materials and dimensions specified in the accepted plans. • Western and southern gravel truck parking areas, stall delineations, and bollards have not been constructed per the recorded Corrected USR11-0004 Map. • The site's access does not have the required 60 -foot and 80 -foot radii specified in the plans, however apron is paved to match public road. • ADA (handicap) symbol installed in front of the building is not the standard handicap symbol specified in the accepted plans. • Ogilvy Ditch wall has been reconstructed, no evidence of acceptance by Ditch Company representatives. • Stormwater capture/quantity has not been taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • Outlet structure (with water quality orifice plate), trash rack, flared -end section, and concrete rundown apron have not been constructed per the accepted plans. • Emergency spillway, cutoff wall, and concrete rundown apron have not been constructed per the accepted plans. • Ditch Company Agreement has not been provided to Weld County Planning. • Discharge Agreement with Ogilvy Ditch Company has not been submitted to Weld County Planning. • Ditch Company sign -off on CDs has not been provided to Weld County Planning. • 3,000 gallon above ground diesel fuel tank has not been removed or evidence submitted of CDPHE and Greeley Fire Department approvals to Weld County Planning. Based on the December 7, 2023 site inspection and follow-up site inspection on January 4, 2024, the Department of Planning Services and Development Review have determined the property is not in compliance with the following USR11-0004 Development Standards: PCSC22-0021 for USR11-0004 Foster Trucking Page 7 fai Development Standard No. 1 The Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or industrial Zone District (maintenance and fabrication of new and existing trucks), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon Development Standard No. 3 All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination Development Standard No. 11 All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. Development Standard No. 16 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. Development Standard No. 18 Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of twelve (12) inches until the area is completely developed. Development Standard No. 20. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. Development Standard No. 21 The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. Development Standard No. 22 Weld County will not maintain on -site drainage related areas or medians. This must be addressed by the owner. PCSC22-0021 for USRI 1-0004 Foster Trucking Page 8 Development Standard No, 24 The applicant is required to comply with all Colorado Department of Public Health and Environment, Water Quality Control Division, regulations regarding stormwater quality, permitting and protection, and construction of stormwater discharges. Development Standard No. 35 Weld County shall not be responsible for the maintenance of on -site drainage related facilities. Development Standard No. 43 The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. Development Standard No. 44 The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code, Development Standard No. 46 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial 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 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. Development Standard No. 47 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. PCSC22-0021 for USR11-0004 11-0004 Foster Trucking Page 9 Case Summary Case Number: Name: Sites: Legal Description: Total Acreage: Location: MEMORANDUM TO: Board of County Commissioners DATE: January 10, 2024 FROM: Kim Ogle and Michael McRoberts, P.E., Planning Services SUBJECT: PCSC22-0021 for USR11-0004 USR11-0004 Donn Foster and Mary Lee Hardy, c/o Foster Trucking Inc. 23436 County Road 60.5: Greeley, Colorado 80631 Lots A and B of Recorded Exemption #4573; being part of the N1/2SW1/4 /2SW1 /4 of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado 8.23 acres (Lot A 4.07 acres, Lot B 4.16 acres) South of and adjacent to County Road 60.5, approximately 1900 -feet east of Weld County Parkway (CR 47) Timeline September 21, 2022 October 27, 2022 December 22, 2022 First Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrell Construction Plans dated January 2012. Little to no change in property compliance status. Second Site Inspection to determine compliance with Corrected USR11- 0004 map and associated improvements referenced in the Drexel Barrell Construction Plans dated January 2012. Little to no change in property compliance status Donn Foster telephoned the County to discuss the letter dated December 20, 2022 re: Non-compliance with the site plan for USR11-0004 and Correct USR11-0004 recorded on February 8, 2012, under reception #3823865. The Corrected USR11-0004 Map was recorded April 18, 2012, under reception # 3839853. December 23, 2022 Donn Foster telephoned the County to discuss the letter dated December 20, 2022 December 26, 2022 Donn Foster telephoned the County to discuss the letter dated December 20, 2022 December 27, 2022 Donn Foster telephoned the County to discuss the letter dated December 20, 2022. Mr. Foster indicated that the asphalt was present albeit under a layer of millings south of the single row of cattle guards Mr. Foster inquired on how to permit the fueling station. A letter from the Eaton Fire District and State Agency were required for compliance at a minimum. Mr. Ogle provided the USR11-0004 recorded on February 8, 2012, under reception #3823865 and the Corrected USR11-0004 Map was recorded April 18, 2012, under reception # 3839853 via email with a .pdf of each drawing attached for reference. December 27, 2022 Planning Services received a letter from Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys for the Ogilvy Ditch in follow-up to memorialize in writing that Ogilvy is unaware of any agreement, verbal or otherwise, authorizing the drainage of surface flows directly into the Ogilvy Ditch on the Foster/Hardy parcel December 28, 2022 Mr. Ogle provided a follow-up letter memorizing the December 27, 2022 telephone conversation with Donn Foster. As an attachment to the email, Mr. Ogle provided the Brown, Bartlett, Larsen & Irby. P.C letter received December 27, 2022 January 10, 2023 Mr. Ogle received a letter from Donn Foster and Mary Lee Hardy in response to the to the December 22, 2022 letter providing Notice of non- compliance with USR11-0004 (Oil and Gas Support Facility (water hauling) and any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), recorded on February 8, 2012, under reception #3823865. The Corrected USR11-0004 Map was recorded April 18, 2012, under reception # 3839853 January 25, 2023 February 1, 2023 Third Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel Barrell Construction Plans dated January 2012. Little to no change in property compliance status, Probable Cause Hearing, PCSC22-0021 concerning Special Use Permit USR11-0004 for Donn Foster and Mary Lee Hardy, c/o Foster Trucking Inc. The Board heard the testimony and statements and continued the case to July 12, 2023 to allow the permittees adequate time to bring the site into compliance. June 28, 2023 July 11, 2023 July 12, 2023 December 7, 2023 January 4, 2024 January 4, 2024 Background October 26, 2011 February 12, 2012 March 21, 2012 April 18, 2012 Fourth Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel BarrelI Construction Plans dated January 2012. A substantial attempt to bring the property into compliance. Electronic mail correspondence from Daniel K. Brown of Fischer, Brown, Bartlett, Larsen & Irby. P.C., Probable Cause Hearing, PCSC22-0021 concerning Special Use Permit U SR11-0004 for Donn Foster and Mary Lee Hardy, c/o Foster Trucking Inc. Case continued until January 10, 2023 to allow Donn Foster and Mary Lee Hardy, c/o Foster Trucking Inc time to obtain a Ditch Agreement and complete construction of site Fifth Site Inspection to determine compliance with Corrected USR11-0004 map and associated improvements referenced in the Drexel BarrelI Construction Plans dated January 2012. A substantial attempt to bring the property into compliance. Electronic mail sent to Fischer, Brown, Bartlett, Larsen & Irby, P.C. attorneys of record for the Ogilvy Ditch without return response as of Monday January 8, 2024 Sixth Site Inspection to verify if new work completed prior to January 10, 2024 hearing before the Board of County Commissioners. Board of County Commissioners approval of Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. U SR11-0004 map recorded under reception #3823865. Board of County Commissioners accepted an Irrevocable Letter of Credit N o. STB12200O04 from First National Bank of Omaha, in the amount of thirty-seven thousand nine hundred seventeen (37,917.00) dollars. Corrected USR11-0004 Map recorded, under reception # 3839853 (New shop building sited 95 -feet south of CR 60.5 C/L instead of 75 -feet) Summary Based on the four site inspections, September 21, 2021, October 27, 2022 and January 25, 2023, and December 7, 2023 County staff finds the site improvements are not in compliance with the Corrected USR11-0004 map accepted by Planning Services and recorded. County staff finds the following site improvements are still not in compliance: • The site's access does not have the required 60 -foot radii. • The site's permanent tracking control has not been constructed to include the required 100 -foot asphalt pavement and back-to-back double cattle guards. • The access culvert has addressed to allow for positive drainage. • The stop sign had been installed, not in the correct location and not to the standardized height • The haul route signs have not been installed at the site's exit point. • The pipe rail fence running parallel to CR 60.5 still encroaches into the County's right-of-way. • The western and southern gravel truck parking areas, stall delineations, and bollards have not been constructed per the USR map. • The breach of the water quality pond bank has not been properly repaired. • Vegetation in the water quality pond still exceeds the maximum height of 12 inches specified in the Development Standards. • The parking stall stripes and ADA (handicap) symbol have not be installed on the concrete pavement next to the building. • The trash dumpster has not been screened. • Off-street parking spaces had not been graded to prevent drainage problems. • The new breach of the Ogilvy Ditch has not been repaired. • Stormwater capture/quantity has not taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • The 3,000 gallon above ground diesel fuel tank has not been removed. The June 28, 2023 site investigation determined that there was a substantial effort put forward in an attempt to address the previously cited non -compliant improvements. Of the non - complaint issues, Planning Services is accepting of the following: • The site's access does not have the required 60 -foot radii. • The site's permanent tracking control has been constructed to include the back-to- back double cattle guards. • The access culvert has been addressed to allow for positive drainage. • The stop sign is not in the specified location. • The western and southern gravel truck parking areas, stall delineations, and bollards have been constructed per the recorded Corrected USR11-0004 Flap_ • The breach of the water quality pond bank has not been properly repaired. • The parking stall striping has been installed. • The ADA (handicap) symbol is not present on the concrete pavement next to the building. • Off-street parking spaces has been graded to prevent drainage problems. • The new breach of the Ogilvy Ditch has been repaired. • Stormwater capture/quantity has not taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • The 3,000 gallon above ground diesel fuel tank has not been removed or evidence submitted of CDPHE and Greeley Fire Department approvals_ The December 7, 2023 and January 4, 2024 site investigations determined that there was a substantial effort put forward in an attempt to address the previously cited non -compliant improvements. Of the non -complaint issues, Planning Services is accepting of the following: • Culverts at entry onto the property accepted. • Drainage pattern adjacent to ditch — erosion, appears to have been corrected. Outstanding items: • Stop sign is not in the specified location and has not been installed using the materials and dimensions specified in the accepted plans. • Western and southern gravel truck parking areas, stall delineations, and bollards have not been constructed per the recorded Corrected USR11-0004 Map. • The site's access does not have the required 60 -foot and 80 -foot radii specified in the plans, however apron is paved to match public road. • ADA (handicap) symbol installed in front of the building is not the standard handicap symbol specified in the accepted plans. • Ogilvy Ditch wall has been reconstructed, no evidence of acceptance by Ditch Company representatives. • Stormwater capture/quantity has not been taken into consideration nor had best management practices been provided as prescribed by the Development Standards. • Outlet structure (with water quality orifice plate), trash rack, flared -end section, and concrete rundown apron have not been constructed per the accepted plans. • Emergency spillway, cutoff wall, and concrete rundown apron have not been constructed per the accepted plans. • Ditch Company Agreement has not been provided to Weld County Planning. • Discharge Agreement with Ogilvy Ditch Company has not been submitted to Weld County Planning. • Ditch Company sign -off on CDs has not been provided to Weld County Planning. • 3,000 gallon above ground diesel fuel tank has not been removed or evidence submitted of CDPHE and Greeley Fire Department approvals to Weld County Planning. Based on the December 7, 2023 site inspection and follow-up site inspection on January 4, 2024, the Department of Planning Services and Development Review have determined the property is not in compliance with the following USR11-0004 Development Standards: Development Standard No. 1 The Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon Development Standard No. 3 All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination Development Standard No. 11 All potentially hazardous chemicals must be handled in a safe manner. in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. Development Standard No. 16 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. Development Standard No. 18 Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of twelve (12) inches until the area is completely developed. Development Standard No. 20. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. Development Standard No. 21 The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. Development Standard No. 22 Weld County will not maintain on -site drainage related areas or medians. This must be addressed by the owner. Development Standard No. 24 The applicant is required to comply with all Colorado Department of Public Health and Environment, Water Quality Control Division, regulations regarding stormwater quality, permitting and protection, and construction of stormwater discharges. Development Standard No. 35 Weld County shall not be responsible for the maintenance of on -site drainage related facilities. Development Standard No. 43 The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. Development Standard No. 44 The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. Development Standard No. 46 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial 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 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. Development Standard No. 47 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. The 3000 -gallon fueling station was not a part of the original permit and there is no evidence of compliance with permitting through local or state permitting agencies Further there is no evidence of compliance with Greeley Fire District standards. The Department of Planning Services and Development Review are recommending a Show Cause Hearing, PCSC22-0021, be set to address the non-compliance issues associated with USR11-0004. PCSC22-0021 — Foster Trucking, Inc. Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), provided that the _ property not lot 1 1 1 _ _I 1_ I _ _ _' _ ' � ._ `he property is a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District CORRECTED USR 11-0004 LOCATED IN THE N1/2 OF THE SW1/4 OF SECTION 1, T5N, R6SW or THE 6TH PM., COUNTY OF WELD, STATE or COLORADO AREA = 9.022 ACRES. MORE OR LESS 50 20 0 r0 100 SCALE: 1'a•be o (AC'.4APIlf4 . • IM1f W hf ars AA 4 (eat 464 1V6( fl8) 1'{ £$?4LAVY LL7.IIAY MOS An* t rev: f r...owar err NIMI,PICP rt.nt n.wpo.a. antsG&Ir (7B AN& iA'DG WA* • !'Mkt *VMS 014W) In tamer 61t Dormiet f iMI7-00561) 8.431' J A AW<Tyk awe A 231151'. U AJh•AC 1 1 - STOP N ♦ ca1ny0 nIIS opkIIIM, WARM C11{CRE1E -'- lent roll, P -. ARIA ILEM ilalcOGRP11011 FQC — rr ,DAM Att n amt.,w D}AM 4(13 try. -w�-....-emu � v..�--- .arc-"::, f% ZWERIS ao Naar g�'i�{n•"�' S.AA'n'jnn it &ALA .D #a A.G(N I;OK*?Air ,ratM?4wirf MM S161013rE r 67.72! • ', \ '• •Larp .x010 r408.0T'04"W 08et 05 g Property Location: 23436 County Road 60.5, Greeley Legal Description: Lot A and Lot B RE -4573 being part of the N2SW4 of Section 1, Township 5 North Range 65 West of the 6th P.M., Weld County Lot A PIN: 0961-01-3-00-003 Lot B PIN: 0961-01-3-00-004 USR 11-nnn4 Map recorded under reception no. 3823865 Corrected USR11-0004 Map Recorded under reception no. 3839853 to reflect new shop building sited 20 -feet south of future CR 60.5 right-of-way June 28, 2023 Site Inspection Concrete neadwaii, steel outlet pipe, and pond/swage grading do not conform to the Drexei Barren plans. Plans require an outlet structure with 21" CMP. No concrete overflow spillway with 10' wide concrete apron was found. Per plans swage flowline elevation should be 2' higher than pond invert elevation at edge of pond. • 1861 LD December 7, 2023 Site Inspection COUNTY, CO Concrete headwall, steel outlet pipe, and pond/swale grading do not conform to the Drexel BarreII plans. Plans require an outlet structure with 21" CMP and a perforated steel orifice plate Drexel Barrell Construction Details Foster Trucking Inc. • 4679 • ♦,r♦ INDICAI£s.EXTENT OF t> 4 ♦ F♦ FiE O.A D 41+4427 25 ♦••�ti.`• �ZEZZ ♦ • 27,02 fob- ''\PROPOSED DRAINAGE EASEMENT .. N. INDICATESfTENT OF r \,�,.` a�` NOi Y WSL 62975 -r------- ``• ``.�•.t� .Z, c .+ ` •` • • - ___ • c: INN•=623.63 `-- __---- •-........--„,‘,..•c„,:.:4::,.." 1 ==a•I • t \\ a - - - . I I t S. ♦ ♦♦ I , ,' I I \\♦ \ \ N.• \♦ ♦ i r r I \ . �. •,yoI. `t. \ 1 1 ; �, - ♦,- ♦^mac≥♦ ♦, role - "pis'_% :71---. -- _La`7n-� - -- - __ - \ li R.♦ e `♦ • J _ • i..• • r S. ` ♦ •__ ♦ ♦ .♦ • • • PROPOSED CUTOFF WALL FOR FLARET>,END SEC1tON 4k - 01JCRETE RUNDOWN APPON-- r - • • + ♦• ... 4626 = 7 --4627 - I 462fi .. 4627, PROPOSED W""- URE Sit t� _� QUALITY OUTLET STRUCTURE .. .PROPOSED CONCRETE cuTa'F-- WALL dr OVERFLOW SPILLWAY • j • -flip ------_�l•_ ^�_ -_ -_ �• ______. 40 —26.49 00 • --------` •.- ------ - - - ♦ • --a \ •`, PROPOSED 12 LF- OF 21" CMPO'1.0a -"AI/TRASH RAC} S. . ♦♦ \ • -ttSLLU RLLLkW I.. wf.I •••• 'IV SO •ni.wn lER 114.0 HG. NC _RRR�I�1CCfp1 .RR(D��YS�I CJ g A F:2t a K o m e::u. LA. Fr. tC•D•d IIT _R111_ 04 K •aon nr r I• . M1M4 /. w..r•r DETAILS CF w, :.,.s, nratr: W 8 9€I8 (W 8 Drexel Barrell Construction Details Foster Trucking Inc. 3f9` •'.L�M11UN OR HOT DIP CALVANI2EC PLATE 1 COLUMN OF 6 RCVS WITH 7/76• DIA. OPENINGS 1" 0£.. INQCV PERFORATED ORIFICE CONTROL PLATE NO SCALE AFFIX PLATE TO CONCRETE WALL — t.- 3. _ W/(4) — !/e' DIAMET.R X X" STANLESS STEEL—� TAMPER PROOF DOLTS oRFCE CONTROL HATE (SEE DETAIL) TRASH RAO< FROM WELDM 5..3 iERAR w/a' 50. INNINGS a 4623.75 A. ,- PROP05E0 2'' 01A. /1 CNP Ol;'ILE1 PIPE , . i r LaJ•�' t 9y r.�•L'sastfJ._ Lrt a 16. .�J FRONT VIEW 2. tl 4 REL•.z- 09' #4 RE.9nR w3' 7th. RZA♦ C 1 DEW SE R�ACk T- _ 6.J a' SECTON a -E - LA". VIEW 04 STRAP WTI" UIN CI FAIIARFF 44 REDAR AFlx PLATE TO CONCPE'6 WILL U —BLOT OI. at - W71H (4) — 3/a- DIAbETER FOR TRei X 3" STAINLESS STEEL RACK FENCE IAMI'F1, rFtt=v,F t1.& a' DICK CONCRETE WUCwAL1 (EACH SCE OF OUtIET STRUCTo ) 6' CUT OFF NAI SECTION A —A 1 TRASH RACK 6" FRak+ WfaOClJ #S HF_iAH W/4" 50 OPENINGS ( I OUTLET STRUCTURE DETAIL NOT TC SCALE C..,.�e ;f PROPOSED 21" DIA CMP OU1i,ETPIPE woCV CR wicr COIFIRa- PL,A1E Har DIPPED CALVAN97EA (SEE DETAIL) 6' p1 REBA1 riff VIN. CLEARANCE wccv ocIrKc cortex. PLATE MDT DIPPED CAL VANI ZED (SEE DETAIL) JN,StL,LLWWJ4tW .'7W -a^nq.n C.tedIwntrYtteits ,I�� T. m uNn.T .w1111 go mu Galaee ago wr owmActScr: F0StER 11LCSNS. NC k n$MI CitInstlpj�Y�Y'ma'.. .mania 74. I. zevm —et_ on.« m T. O4-1.2:1 en p{ 'tit -titter -rata; mAIVI0 «un•u y. DETAILS (% Zit' 7) van 1 10 :.. _n. nmer.e eo 8 SEEP 8 Or 8 Water Quality Pond outfaii was unrestricted. January 25, 2023 and June 28, 2023 Site Inspection Water Quality Pond outfaii pipe does not conform to Drexel Barrell plans. No 21" CMP, FES, concrete cutoff wall, or 10' wide concrete rundown apron were found. • 18 11 LD December 7, 2023 Site Inspection COUNTY, CO r ' `'"• . ,.. r . Water Quality Pond outfall was unrestricted. Water Quality Pond outfall pipe does not conform to Drexel Barrell plans. No 21" CMP, FES, concrete cutoff wall, or 0wide concrete rundown apron were found. January 4, 2023 Site Inspection Water Quality Pond does not conform to Drexel Barrel) plans. No 21" CMP with perforated orifice control plate Drexel Barrell Construction Details Foster Trucking Inc. HIG:1 WATER .DURING OVERFLOW. -4626.26 1' CRCCBQARO = AIOCV WSL=4625.75 TOP OF BERM I- AE27.25 SEC'RON VIEW HIGH WATER DURING CrcHFLOW-406.25 5' 6• . r. PLACE 6" CF TOP&DL ON UIN. 24' DEEP TYPE 'It RIPRAP ON CEO"EX-I E FABRIC (MIRAFI FW 300 OR EQUAL) 1D' WIDE APRON CENTERED ` CN SPILLWAY CUT-OFF WALL - - OVERFLOW 'Ct OY DITCH ELEV. WtJR ovcnFLOW SPILLWAY 6.5' OG LP* RRICATION DRCH 4" KICK - CONCRE't APRON 'GOMGD SUBCRADE I. EXIS'ING BANN I Of CI -CH I C I i- roe of DITCH BEY. 2' WIN. -1'-0" MINIMUM FREE BOARD 6' 5' 3' eta-' / N.a- 14 NIUJM IHICKNESS 2 - (15 BARS- (gE Nom) NOTE; -lintel FOR WEIR OUTLET STRUCTURE LSING RA'1VE GROUND AS FORM WORK. CONSTRUCT WEIR B' MINIMUM THICKNESS UPON CCNPI:FTON CF TW=NCHING PLACE TEMPERATURE STEEL ANTI CONCRETE IMMEDIATELY, FORM TOP 4". 9OVERFLOW SPILLWAY DETAIL NOT TO £GALE ANsaa,I,ww4tW .vr.n.mr+.rr..., cwrAR.[LT11Kar. m1.wn .w" 'I. as F0StER 111LLSNG. NC CS MI w.io owi iw.. :::L' i V IX WAMM lot, .rcun•.0 y. .yrrx DETAILS t; Zit' [WILT 141 1711.1_p n1Nr.: eo 8 9EEF 8 Or 8 Drexel Barrell Construction Details Foster Trucking Inc. FLARED END SECTION W/TRASH RACK 21" ;M P 8" MIN. THICKNESS CONCRETE CUTOFF WALL #4 REBAR 012' O.C. #1 REBAR W/3. r MIN. CLEARANCE SECTION VIEW TOE OF-, FLARED END SECTION W/ ASH RACK #4 REBAR 012" O.C. FRONT VIFW DITCH ELEV. I O' 10' AWE APRON CENTERED ON SPILLWAY CUT-OFF WALL OGILVY IRRIGATION DITCH 4" THICK CONCRETE APRON =1 I=ii a - EXISTING / CF DITCH 2' MIN TOE OF DITCH ELEV COMPACTED SUBGRADE *4 REBAR W/3" MIN. CLEARANCE MN. CONCRETE CUTOFF WALL CONCRETE CUTOFF WALL DETAIL NOT TO SCALE rN*eK, 11J.3M. k lil Mtn. .V•Jm noiobrlfl t w...�.i4.m� I.rc.. "WWnle•roe.a MO 0000/1:EVEOPEPI FOSTER "FUC!cn0. N1C. ter a,... ,"... (mm M -m. m.•J]Il' Dam nneu II WIT -IT VAN NYC Mit 4 =WC m. ON ISO, 1r -JI DEMI? Nit ni.roed iminn itecrilgSlat Pait,'.4 wn AMA., V/A DETAILS (2 Of 2) 2 to -CL 8 SHEET; B CF 3 S • 1861 LD December 7, 2023, Site Inspection COUNTY, CO No emergency spillway, cutoff wall, and 10' wide concrete rundown apron were found. Water Quality Pond outfall pipe does not conform to Drexel Barrel' plans. No 21" CMP, Flared End Section, concrete cutoff wall, or 10' wide concrete rundown apron ere found January 4, 2023 Site Inspection No emergency spillway, cutoff wail, and 10' wide concrete rundown apron were found. Erosion at sidewall to stormwater pond S LD COUNTY, CO Drexel Barrell Construction Details Foster Trucking Inc. 3" 3" 28" BLUE * WHITE 3" STROKE WIDTH HANDICAP PAVEMENT n MARKING unr m crni c tinT Tn creel r "C'ht nil vivo an sat rs .a c banal gM•^fAhN MO oam/aetmoa! FOSTER 'FUC'LNC. INC. : „a.- (ea s, -m. m+ MIT IT 1•431 cONS1 JC1loN Docutzsrs roF, FOSTER TRUCK NG, [NC. _oTs A i B OF RECORDED t%tMPINA1 *1. USW =J 124313 VC.D CDJNIY, =CRAG° MIK CATE -laroo n _ R _ DPSIts .Cw __u AL - ( m *TS( ktecchistat AMA., II/A DETAILS (2 OF 2) 71110-at tata SHEET- 8 CF a January 4, 2024 Site Inspection CORRECTED USR 11-0004 LOCATED IN THE N1 /2 OF THE SW1 /4 OF SECTION 1, T 5Pi, R6 5W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AREA = 9.022 ACRES, MORE OR LESS 5 ti X Merit WAY CUKA Rorer `Asn4QrNT 02 PIA T) O • 1 •., .154' t..5!. ASPHALT S TV hler.-110e4 747:y Law �X ASPI9F STOP SION a.a n,.R.ein is •r 1K • # PAWN* MAWS al Pal" 2'7%00 '1 E ti- _ HANDICAP #AGE - 24' viDe CONOltelt A,P'ROri S 18(0 ELD December 7, 2023 Site Inspection - Findings COUNTY, CO The December 7, 2023 site investigation determined that there was a substantial effort put forward in an attempt to address the previously cited non -compliant improvements. Of the non -complaint issues, Planning Services is accepting of the following: • Culverts at entry onto the property accepted. • Drainage pattern adjacent to ditch — erosion, appears to have been corrected. 18(0 ELD December 7, 2023 Site Inspection COUNTY, CO i Outstanding items: • Stop sign is not in the specified location and has not been installed using the materials and dimensions specified in the accepted plans. • Western and southern gravel truck parking areas, stall delineations, and bollards have not been constructed per the recorded Corrected USR11-0004 Map. • ADA (handicap) symbol installed in front of the building is not the standard handicap symbol specified in the accepte_ip ans. • Ogilvy Ditch wall has been reconstructed, no evidence of acceptance by Ditch Company representatives. • Stormwater capture/quantity has not been taken into consideration nor have best management practices been provided as prescribed by the Development Standards. • Outlet structure (with water quality orifice plate), trash rack, flared -end section, and concrete rundown apron have not been constructed per the accepted plans. S 18(0 ELD December 7, 2023 Site Inspection COUNTY, CO Outstanding items continued: • Emergency spillway, cutoff wall, and concrete rundown apron have not been constructed per the accepted plans. • Ditch Company Agreement has not been provided to Weld County Planning. • Discharge Agreement with Ogilvy Ditch Company has not been submitted to Weld County Planning. • Ditch Company sign -off on CDs has not been provided to Weld County Planning. • 3,000 gallon above ground diesel fuel tank has not been removed or evidence submitted of CDPHE and Greeley Fire Department approvals to Weld County Planning. Continue Probable Cause to a future hearing date to allow the applicant to bring the property into compliance Set a Show Cause hearing date to consider revocation of the Use by Special Review permit, USR11-0004 End PCSC22-0021 -- Foster Trucking Inc. Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers_ of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley, Colorado 80631, at the time specified ti M1 If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing The cost of engaging a court reporter shall be borne by the requesting party in accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing The complete case file may be examined in the office of ithe Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 Email messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Docket #. 2023-10 Hearing Date: February 21, 2024 Hearing Time 10 00 a m Applicant: Donn Foster and Mary Lee Hardy Foster Trucking, Inc PO Box513 Kersey, Colorado 80644 ti Lt Request: Show Cause Hearing, PCSC22-0021, to determine whether or not the permittee is in compliance with certain Development Standards for a Use by Special Review Permit, USR11-0004, for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (maintenance and fabrication of new and existing trucks) in the A (Agricultural) Zone District Legal Description: Lots A and B of Recorded Exemption, RE -4573, being part of the N1/2 SW1 /4 of Section 1, Township 5 North, Range 65 West of the 6th P M , Weld County, Colorado 1 Development Standards: 1 The Site Specific Development Plan and Use by Special Review Permit, USR11-0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existingrtrucks), trucks), provided the property is not a lot in an approved or recorded subdivision plat, or part of a map or plan, filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon 11 All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling and in a manner that minimizes the release of Hazardous Air Pollutants (HAP's) and Volatile Organic Compounds (VOC's) All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations 20 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage generally attributed to runoff rate and velocity increases, diversions, concentration, =and/or unplanned ponding of storm runoff 21 The applicant must take into consideration stormwater capture/quantity and provide accordingly ;for Best Management Practices - 22 Weld County will not maintain on -site drainage related areas or medians This must be addressed by the owner 24J The applicant is required to comply with all Colorado Department of Public Health and Environment, Water Quality Control Division, regulations regarding stormwater quality, permitting and protection, and construction of stormwater discharges r 4.4 35 Weld County shall not be responsible for the maintenance of on -site drainage related facilities r 46 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Development Standards and all applicable Weld County regulations Substantial 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 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 47 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 - y C Board of County Commissioners Weld County, -Colorado r Dated: February 7, 2024 Published: February 9, 2024, in the Greeley Tribune Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colora- do, Weld County Administration Building, 1150 O Street, Assem- bly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email corre- spondence into the case file, please send a copy to egesick? weld.gov. Docket #: 2023-10 Hearing Date: February 21, 2024 Hearing Time: 10:00 a.m. Applicant Donn Foster and Mary Lee Hardy Foster Trucking. Inc. P.O. Box 513 Kersey, Colorado 80644 Request: Show Cause Hearing, PCSC22-0021, to determine whether or not the permittee is in compliance with certain De- velopment Standards for a Use by Special Review Permit, USR11 0004 for an Oil and Gas Support Facility (water hauling) and any Use 'Permitted as a Use by Right. Accessory Use. or Use by Spe- cial Review in the Commerciaror Industrial Zone Districts (main- tenance and fabrication of new and existing trucks) in the A (Ag- ricultural) Zone District Legal Description: Lots A and B of Recorded Exemption, RE -4573; being part of the N1/2 SW 1/4 of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Development Standards: 1. The Site Specific Development Plan and Use by Special Review Permit, USR11 0004, is for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (maintenance and fabrication of new and existing trucks), provded the property is not a lot in an approved or recorded subdivision plat, or part of a map or plan, filed prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 11. All potentiallyhazardous chemicals must be handled in a safe manner, in accordance with product labeling and in a manner that minimizes the release of Hazardous Air Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be stored secure, on an impervious surface. and in accordance with manufacturer's recommendations. 20. The historical flow patterns and runoff amounts wil be maintained on the site in such a manner that it wil reasonably preserve the natural character of the area and prevent property damage generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 21. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 22. Weld County will not maintain on -site drainage related areas or medians. This must be addressed by the owner. 24. The applicant is required to comply with all Colorado Department of Public Health and Environment, Water Quality Control Division, regulations regarding stormwater quality, permitting and protection, and construction of stormwater discharges. 35. Weld County shall not be responsible for the maintenance of on -site drainage related facilities. 46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Development Standards and all applicable Weld County regulations. Substantial 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 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. 47. 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. Board of County Commissioners Weld County, Colorado Dated: February 7, 2024 Published: February 9, 2024, in the Greeley Tribune - 2033855 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Agent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of ncnaral rirriulatinn that bac haan nuhlichart continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Feb 912024 Subscribed and sworn to me before me this Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2033855 $49.00 14 SURROUNDING PROPERTY OWNERS PCSC22-0021 Owner MARCY DEWEY AND DOROTHY STATE DEPARTMENT OF HWY LWM WASHOUT LLC CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS C/O LDS CHURCH TAX DIVISION FOSTER TRUCKING INC DPG FARMS LLC Mail Address 1 24576 COUNTY ROAD 64 4670 HOLLY ST STE A 3050 67TH AVE STE 100 Mail City GREELEY DENVER GREELEY State Mail Zip Code CO 80631-9697 CO 80216-6408 CO 80634-9604 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-3620 PO BOX 513 KERSEY CO 80644-0513 3300 S PARKER RD STE 300 AURORA CO 80014-3521 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice in accordance with the notification requirements of Weld County for Case Number PUDF23-0004 in the United States Mail, postage prepaid First Class Mail as addressed on this 9th day of February, 2024. Jess Reid Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/11/2024 3:33:30 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature \ —\\- aL\ Property Owners Within 500 Feet of Parcel # 096101300004 Date Account Parcel Owner Mailing Address R8282699 096101000002 MARCY DOROTHY JANE R8282699 096101000002 MARCY DEWEY R 24576 GREELEY, COUNTY CO 806319697 ROAD 64 R2754186 096101000089 STATE DEPARTMENT OF HWY 4670 DENVER, HOLLY ST CO 802166408 STE A R3355705 096101100123 LWM WASHOUT LLC 3050 GREELEY, 67TH AVE STE CO 806349604 100 R3355805 096101100124 f i CORPORATION BISHOP OF OF THE PRESIDING CIO 50 SALT E LDS NORTH LAKE CHURCH CITY, TEMPLE UT TAX FL 841503620 DIVISION 22 R8952417 096101200009 CORPORATION BISHOP OF THE OF CHURCH THE PRESIDING OF JESUS 50 0/O SALT E NORTH LDS LAKE CHURCH TEMPLE CITY. UT TAX FL 841503620 DIV 22 R4725707 096101300003 FOSTER TRUCKING INC PO KERSEY, BOX 513 CO 806440513 R4725807 096101300004 FOSTER TRUCKING INC PO KERSEY, BOX 513 CO 806440513 R8944447 096101300016 DPG FARMS LLC 3300 AURORA, S PARKER CO RD 800143521 STE 300 Parcels: 8 Owner Records: 9 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/11/2024 3:33:30 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 096101300004 Date nature Parcels: 8 Owner Records: 9 Page 2 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/11/2024 3:35:15 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Date Signature Property Owners Within 500 Feet of Parcel # 096101300003 Account Parcel Owner Mailing Address R8282699 096101000002 MARCY DOROTHY JANE R8282699 096101000002 MARCY DEWEY R 24576 GREELEY, COUNTY CO ROAD 806319697 64 R2754186 096101000089 STATE DEPARTMENT OF HWY 4670 DENVER, HOLLY ST STE CO 802166408 A R3355805 096101100124 CORPORATION BISHOP OF OF THE PRESIDING C/O 50 SALT E LDS NORTH LAKE CHURCH CITY. TEMPLE UT TAX FL 841503620 DIVISION 22 R8952417 096101200009 CORPORATION BISHOP OF THE OF CHURCH THE PRESIDING OF JESUS 50 C/O SALT E LDS NORTH LAKE CHURCH CITY. TEMPLE UT TAX 841503620 FL DIV 22 R4725707 096101300003 FOSTER TRUCKING INC PO BOX KERSEY, 513 CO 806440513 R4725807 096101300004 FOSTER TRUCKING INC PO BOX 513 KERSEY, CO 806440513 R8944447 096101300016 DPG FARMS LLC 3300 S AURORA. PARKER CO 800143521 RD STE 300 Parcels: 7 Owner Records: 8 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE V11/2024 3:35:15 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. �+]sisacJc Property Owners Within 500 Feet of Parcel # 096101300003 Si: ature Date Parcels: 7 Owner Records: 8 Page 2 of 2 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `. V Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) S Ei Return Receipt (electronic) • Certified Mai' Restricted Delivery ❑ Adult Signature Required S S S ❑ Adult Signature Restricted Delivery S Postage W Total Postage and Fees a -9 - 34 Postmark Here Sent tc.„ voscon S Sfre t and Apt11fo., oO Box No LLC rty; State, ZIP+4 ' V‘4c-a ca C• Soo I- 35 al va4 Sit eS �Q PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address en the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DEG Ycx•t- r -,s L Lc 330 S Pc¼cV.st‘Zcs) , 3� Auroca,co Boa114-3Sa� IIIIIIIII IIII IIIIIIII IIIIIIIIIIIIIIINIIIIIhI 9590 9402 7686 2122 8609 21 COMPLETE THIS SECTION ON DELIVERY A. Signature x B. Received by (Printed Name) tSco, \\w ❑ Agent ❑ Addressee C. D.te of 'el ev ry z I 2- D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery 2. Article Number❑ Collect on Delivery (Transfer from service labels Li Collect on Delivery Restricted Delivery ?01r? 1459 0900 9674 D Insured Mail 6100 7.1 r=sured Mail Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 - (over $500) ❑ Priority Mail Express® D Registered Mail TM O Registered Mail Restricted Delivery O Signature ConfirmationTM D Signature Confirmation Restricted Delivery Domestic Return Receipt r- 0 0 0 rR O f U.S. Postal ServjceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.cone. p CCertified Mail Fee $ Extra Services & Fees (check box, add fee as appmopriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ _ Certified Mall Restricted Delivery $ E Adult Signature Required $ fin Adult Signature Restricted Delivery $ I Postage Total Postage and Fees c Tic v.c : Y, 1 et and, C" . No., or PO Boxdo. I State, ZIP+4 s Postmark Here Co eo to tg q PS Form 3000, April 2015 PSN 7530.02.000-9047 -0513 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Vosk -cc p.p. c-304)4 S �3 Vs_,csQy, Ca BoLokt-k osv3 lIIIIIII NII IIIIIIN 11INIINNIIII 1111111 III 9590 9402 7686 2122 8609 14 ,) Ar+inlo MI 'minor rrrangfnr from service label) ?0L? 11450 0000 9674 6094 COMPLETE THIS SECTION ON DELIVERY A. Si ature eceived 6\1 (t I- L ❑ Agent D Addressee C. Date of Delivery deliv D. Is ry address different from item 1? If YES, enter delivery address below: ❑ Yes ❑ No 3. Service Type ❑ Adult Signature El Adult Signature Restricted Delivery ,.Certified Mail® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered Mail"" ❑ Registered Mall Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confimiation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt N to so ii Ln Li I] ii 0 r9 rel U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & =ees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required [] Adult Signature Restricted Delivery S Postage Total Postage and Fees ent To Street and pt. No. or PQ Box N Nin City, State, ZIP+4 ' a am Postmark Here LDS C.stc1 0i cal sS c 0c CX xc.,, do DO1Sov a - b v 3(4)a) PS Form 3800, April 2D15 PSN 7530-02.000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. gi ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CAc tO t&'s\a s Oc "Ic\rsL ctc5\dtan "cS vS d a LAS CANL .c c>r, Tc c ic3vNitSpel COMPLETE THIS SECTION ON DELIVERY A. Signatyle Received Efinted Name) 1-rsyd fl 1/(07 L y D. Is delivery address different from item 1 If YES, enter delivery address below: so a N Qc\-‘n -Vcsr 9\c c k 'ark Sa\'t Lc s CAN', Lk SR`SOSao _ - _ ui i u i i i 9590 9402 7686 2122 8609 07 2 Article Number (Transfer from service label) 7017 1450 0000 9674 6087 went ❑ Addressee to of elivery 24 El ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery M Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationT"' ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only wi a Certified Mail Fee Extra Services & Fees (check box, add fee ea appropnate) ❑ Return Receipt (hardcopy) $ • Return Receipt (electronic) ❑ Certified Mail Restricted Delivery fl Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees s S s 4 ael-;4 Postmark Here enW `I'V" WaSW3v-fir LL.C� St eta d A t. No City State, mP \` I, r PO Box Oil SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Lu T'r\ LLC 005 6 p\N t 1 S - \C3 O ta___ `ty C o ac . - RQ00`-1 i i i 9590 9402 7686 2122 8608 91 2 Article Number (Transfer from service label) r017 1450 0000 96?4 6070 COMPLETE THIS SECTION ON DELIVERY A. Signature X e' B. Received by (Printed Name) ❑ Agent ❑ Addressee . Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ ❑ Adult Signature ❑ ❑ Adult Signature Restricted Delivery O QCertified Mail® ❑ Certified Mail Restricted Delivery ❑ ❑ Collect on Delivery ❑ ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) Priority Mail Express® Registered MailTM Registered Mail Restricted Delivery Signature Confirmation?M Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt O CZI N 0 r- U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'm-. C I A Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees S S ntTo «y Street and Apt. No., or P a icm � C ` t e, 1P+4t V i'tlt. PS Form 3800, April 2015 PSN 7530-02-000-9047 S a -9 -ay Postmark Here toco flvj c_c 8oce>t -9L0T) See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PAcxrcy t ct,a t j 4 to c o k -'y a.451CS-, c'k 1 1 1 1 1 1 I I I I 1 1 1 1 1 iii i 111111111 III 9590 9402 7686 2122 8608 77 COMPLETE THIS SECTION ON DELIVERY A. Signature X lia/C1/ ❑ Addressee B. Received by'(1rinted Name) / C. Date of Delivery /i& D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: O No 2 Artic:ie Number (Transfer from service label) 7017 11450 0000 9674 6056 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery % Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailT"' o Registered Mail Restricted Delivery ❑ Signature Confirmationrm U Signature Confirmation Restricted Delivery Domestic Return Receipt m 0 P- Cr O a C a r -R 0 N U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com %. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ [] Adult Signature Restricted Delivery S Postage $ Total Postage and Fees Postmark Here Stt-.4tac Street and Apt. No., o dacf \L)3 y O Box No ity, State, ZIP+4 ba ad; or 1.to PS Form 3800, April 2015 PSN 7530-02-000.9047 • • See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SCe.rt oVcwy Hlo-1O ‘AcA\N \-rc be)rwtx , co 8a a\1/4O- Lyog 111111111 III! 1111111/ IIIIIIIIIIIII IIIIIIIIIIII esso eao2 �sss zizz asoa as 2 Article Number (Transfer from service label) 701? 1450 0000 9674 6063 PS Form 3811, July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signature X I B. Reived by (Printe• * ame) ..aStv‘ Agent O Addressee C. Date of Delivery D. Is delivery address different from item 1 If YES, enter delivery address below: 3. Service Type ❑ Adult Signature G ❑ Adult Signature Restricted Delivery 0 jKCertified Mail® Cl Certified Mail Restricted Delivery 0 ❑ Collect on Delivery 0 o Collect on Delivery Restricted Delivery D Insured Mail ❑ Insured Mail Restricted Delivery over $500) Yes ❑ No Priority Mall Express® Registered MalITM Registered Mail Restricted Delivery Signature ConfirmationTM Signature Confirmation Restricted Delivery Domestic Return Receipt EXHIBIT INVENTORY CONTROL SHEET CASE PCSC22-0021 - DONN FOSTER AND MARY LEE HARDY, C/O FOSTER TRUCKING, INC. Tyler Exhibit Submitted By Page # Description Dan Brown, Fisher, Brown, Bartlett, Larsen and A. Irby, P.C. Cameron Knapp, B. Drexel, BarrelI & Co. C. Planning Services D. Planning Services E. Planning Services F. Planning Services G. Planning Services H. I. J. K. L. M. N. O. P. Q. T. U. V. Letter of Correspondence (received 7/11/2023) Letter of Correspondence with attachments (received 7/12/2023) Email Correspondence between Planning Services and Fischer, Brown, Bartlett, Larsen & Irby, P.C. (received 1/10/2024) Prepared statement read by staff at the 1/10/2024 Board meeting (received 1/10/2024) Letter of Intent from Foster Trucking, Inc., and drawings from Drexel, BarreII and Co. (dated 2/19/2024) Drawings from Drexel, BarrelI and Co. (dated 3/22/2024) Stormwater Discharge Agreement (received 3/27/2024) 2024-0094 From: Dan Brown <danbrown@fischerbrownlaw.com> Sent: Tuesday, July 11, 2023 1:46 PM To: Kim Ogle <kogle@weld.gov>; Whitney Coulter <whitneycoulter@fischerbrownlaw.com> Cc: Mike McRoberts <mmcroberts@weld.gov>; Scott Cockroft <srcockroft@gmail.com>; switwer@wobjlaw.com Subject: RE: Foster Trucking Company and impacts to Ogilvy Ditch - East Greeley caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Kim. I have shared this email with Ogilvy, but in view of the short time frame before, I don't expect I will be able to get feedback to provide detailed comments. I will supplement this email later this afternoon if I am able to connect with Ogilvy to there are additional issues. In view of the fact that you indicate no response will be construed as Ogilvy having no issues, did not want to wait to provide at least these concerns: (1) Foster Trucking does not have an agreement with Ogilvy to accept stormwater, and absent such agreement Foster Trucking has no right to discharge stormwater flows to the canal. (2) From a cursory review of just the photos provided in your PowerPoint sent this morning, it is evident that the new headwall is inadequate/unfinished. At a minimum there needs to be wingwalls and additional dirt/grading and compacting, to channel stormwater flows into the pipe. Additionally, in larger events that overtop this structure through the notch, there needs to be a concrete channel behind that will deliver the water to the ditch, as well as additional protection to prevent damage to the ditch from such overtopping flows. I presume this is not the completed structure, but wanted to raise the issue to be sure. (3) We have not had opportunity to review the plans and what has been done and what remains to be done to meaningfully comment further. We ask that Ogilvy's lack of involvement and knowledge not be construed as consent. Typically, a landowner looking to run storm flow in an irrigation ditch, approach the ditch company to obtain a stormwater agreement, and through this process (of negotiating the storm water agreement) the ditch company is able to get it concerns addressed and have input on the engineering design of structures, etc. This has not happened in this situation as we do not have an agreement to accept such flow and as such we have not had input on the adequacy of the design of the structures or the protective structures necessary to ensure the integrity of the ditch. All of which is to say Ogilvy does not wish its silence to represent that the designed or constructed structures are adequate to protect the Ogilvy Ditch from damage. Ogilvy requests that the Commissioners be made aware of these concerns at the hearing as part of your presentation. Please give me a call if you wish to discuss this further. Regards, Daniel K. Brown Fischer, Brown, Bartlett, Larsen & Irby, P.C. 1319 East Prospect Road Fort Collins; CO 80525 (970)407-9000, ext. 212 (direct) (970)407-1055 (fax) Danbrown@fbgpc.com Website: fbbglaw.com 11111 A-=rnit\bries. The information contained in this email may be confidential and/or legally privileged It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this Lommunicdtion. or any of 'Ls contents, rs strictly prohibited. If you have received this communication in error, please contact the sencer by reply email and destroy all copies of the original message. Thank you. EXHIBIT b Jessica Reid From: Sent: To: Subject: Attachments: Cameron Knapp <cknapp@drexelbarrell.com> Thursday, December 15, 2022 12:27 PM Kim Ogle FOSTER TRUCKING USR11-0004 Drainage Report Memo 1-18-12.pdf; Rhasting transmittal 3-12-12.cloc; 1 COVER.pdf; 2 - UTILITY.pdf; 3 - GRADING.pdf; 4 - DRAINAGE.pdf: 5 - SITE.pdf; 6 - SWMP.pdf; 7- DETAILS.pdf; 8 - DETAILS.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, I have attached some items in our files that you might find helpful. In our folder that was called FINAL ACCEPTED PLANS 1-27-2012, were the construction plan sheets 1-8 which I've attached. Also attached is a Drainage memo from Clay that had some comments that was dated 1-18-2012 so I figure that our plans were probably revised right after that to come up with the final dated ones from 1-27-2012. And then I found a transmittal letter to Rich Hastings (attached) in which I had provided stamped and signed CDs to him on 3-12-2012. Since I don't have any other drawings dated at that time, I would assume that the ones from 1-27-2012 were the same one that were provided as hard copies. Thanks, Cameron =_ Drexel, Barrell & Co. Engineers • Surveyors /\ Cameron W. Knapp, PE, LEED® AP Sr. Associate I Sr. Civil Engineer Lafayette • Colorado Springs www.drexei barrell corn 1376 Miners Drive, Suite 107. Lafayette. CO 80026 Ph: 3034142.4338 cknappC drexelbarrell corn 1 MEMORANDUM TO: Kim Ogle, Planning Services DATE January 18, 2012 FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: USR11-0004 Foster Trucking Drainage Report Comments made during this stage of the review process will not be all inclusive; as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: The applicant's engineer, Drexel, Barrell, and Co. submitted a drainage report and construction drawings for review on January 11, 2012. The report was stamped, signed, and dated by Cameron Knapp, P.E. # 38898. The construction drawings were not stamped, signed, and dated. As indicated in the August 15, 2011 memo to the Planning Department, the water quality calculations are acceptable to Public Works. It appears that the drainage report was compiled to address the concerns of the Ogilvy Ditch Company and not Weld County. Please address the following comments regarding the construction drawings: 1. Please add a detail to the DMPS detail sheet for the concrete washout area. 2. Please provide two complete sets (1-24x36 and 1-11x17) of the construction drawings that have been stamped, signed, and dated by a registered professional engineer licensed in the State of Colorado. Since more than one acre is to be disturbed, please submit a grading permit prior to the start of any grading activity on the site. The grading permit application packet must include the grading permit application, deed, vicinity map, construction drawings that have been stamped, signed, and dated by a registered professional engineer licensed in Colorado, and a copy of the Colorado Department of Public Health & Environment Construction Stormwater Permit approval letter. The grading permit application can be downloaded from http://www. co. weld. co. us/assets/7D38A442b9CbAA4985cC. pdf Please note that this memo only addresses the drainage and grading permit requirements. The August 15, 2011 memo may contain other outstanding items that need to be addressed prior to the release of the grading permit. M:IPLANNING - DEVELOPMENT REV tbM-2U11 Manning Heterrals\USR11\USR11-0004 Soto -Foster TruckinglUSR11-0004 Drairage Report Memo 1-18-12.docx 1i d'3, ZLt KIIVISWth's `f' 7 W4I CinardaMEI arxtfv=rn. t..,) rig. n YJSeitutLW& Ilir 1E= istoi 07 T '9 DREXEL BARBELL Co Engineers - Surveyors 1800 38th Street Boulder, Colorado 80301 (303) 442-4338 (303) 442-4373 FAX LETTER OF TRANSMITTAL To: Attn.: Project No.: Project Name: Weld County Public Works Department 1111 H Street Greeley, CO 80632-0758 RICH HASTINGS 20310-00 Foster Trucking, Inc WE ARE SENDING YOU ENCLOSED N Prints [ Sepias Original Report Other Letter DATE: 1/12/12_ r _ ' SUBMITTED VIA CARRIER MAIL FEDERAL EXPRESS Tel _ FAX - # OTHER - Pick up by client THESE ARE TRANSMITTED FOR YOUR INFORMATION YOUR APPROVAL AS REQUESTED i'r�y YOUR PROCESSING OTHER No. Copies Of Drawing No. Description 1 Set of stamped & signed Construction Plans (11" x 17" " 2 Sets of stamped & signed Construction Plans (24" x 3E') REMARKS. cc Rich, Let me know if there is anything else you need Thanks? 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P E FOSTER TRUCKING, INC MTV CCLOOAW 110144 (/?D) 316-91M camels DOWN FtSW/ JARS tEC I WNW Suet Lis'. Tdalo :nevi *4.44 t Rich RL. 1 m'KA ?CET _ J L Itll tsAM A Wit/L'Ml PUN L WORM 6AMMMR.O LM I at l RC:BPONML won Ran 1 OTOIIIAMAiii MMIIMW&'lr ruts T-3 l £1T.tl%9TS13 awn In G' AVRIan- s't t u Am' C yk Rare' Ir MAW:, 5r sr MOM& CAST tar 4I IR Y uac .2 tan NOCK Le as 0, hare TJL tr NMtwtl .osaP wets WINK art ROtnat a'MLLT abloom nsifla1 VW. MRMt• t a Sit lit nt'm fa it MOT Napa MktIKt IMr.10, rowan •v tv.,R RCICWO 'Ca CURIA Kama sofa v.0 Afar rat • DPI NAC D zawfterAn to at LT .9 n. CIdw..-�.., .lnY,yyt1 V1. 1. SI Dt IP: flan. TTLI VP M War 10414 C nu l w l w,. 'li7IYiV ». ter W: non imdenr III:.* me •AaaJ Layste'O TAe v era. Sat a,( .%L mop 6w nn 6... 0- 9V CPA O CALL MT( mnftefloti C0M Of CCLORPOCI 1-800,-�922py-E1_387 WEE OUI1FF�ICAATF' NpteEk UTILITIES DREXEL DORELL* OD LaW na.11151-IMlal •PtIMA CC+JawayT {arra • air •1$ ia\ r I RMI.IaJR OMIT Warn •al LAP ass CMITVfDEYCLOtVII FOSTER WUCKUto Inc rn IS'Ja CP'd CI]�nb n CCM= n II OE SUE DA1C R>:'EI R It I (1/ Omen or TK pi7RS RC. 0$ IRS Raj OtWUM ULTIMO •m•P n.tJt➢IO2 IVA iN T1.4. JJA COVER SHEET I'RU1_E4 ND LU31U-uI DRNMNC NO SHELT 1 OF a PRIMED Ih• L=253 Oa en I "Wra t Ll Or 4 DVWin)t DO • D1sal .I at anted AP et• M�£ioV7Y R0,1� CE 5 i — tbi w/•4C Me alias �(.y�'�E _ `.L� Pfr xa•aMy f...— — /asnIa iae r Dt.at 1 thf4,is +D"M'47Psat ATM tiR nt amain N1-.- % � a ti ALi ` - y a -\.) N.,.. .1_ P LOT A I 4) ACRES .t It; a a am. 'a 0.h. UTIUTv 14011PdMAI1OM Od.lt* Dl Catt11ADa 1-800-922-1987 CALL 2-81.5111ES10Axi w AMR= SUCRE nc ssa li° or t ML wi 1r118ER mires .a ,40,5,113 Arse a• rrsvc ADVgr Mi ntw aaTII SM, NOleara Y trillL�T EEOGIr!00 turning pWILI r �waallD M,t4Pr DMDK I 1 1 1 calla cutot nrtin 5•�� ` van. a l Dawt , If I I CUM , �aro a® flMt Pia; rx lair;Mtn 1 Y • t LOT um. R=3860 eO A= 34x31 Clr—Fu411 d7 E r� 7S5 F4 pacfrriffilt Toed aarta Is. 021117 l{W•4t aRt M /-1ft? Pdafi Aar To Et .141Thre 'mar n n,r tlA AA•ta .i seta Afas air 03,1.1M91 IMO /IWtlai Ift +Anil Y[t ,ne ro X1100 P to air Zemin ark' sew 'tl op PP raSSWIRSEI t Ta set in roD[ iM ra \.III IUY its. Inner S7$ 40 35't 5172 la la to a $0 —I SCALE I -u AMEND APMWli/6 a aavau W,{• ant a CO at OL IM V WJTh a a arse — a rota rats a taunt n• -ca) ay.Ten low . nr1atie nn SWIG) Lit Pin° 921 re sem,.•'!>EaIal rem= *MICR*. Wot now® aMST Cat, CNA was Mem I COCCI DC .& I SST YE®: p <G it a testa, * r 4,791. I{ ttl afN O trn •ra ttg,Jr`*anu ntitALSEP a e lntlta SOS _ tl.' 1i PA(RTO AOf Y allaihriStitt Tara7LWttt(t taL I;ii�lbt 20FIX = 1Ol 4. DarrlNna• D• m Unit Lit fID rill �ppp INC V;lm� •µgtfrNt2 It St hag, ]1W 141 ttt yt i!rAiril A' la,GI ret}tttu'Matr tp.lra na dew= 11.Cdi A .Frawuce & la co #0 D Ds et teKOW ct * fIICC t I. a& vas .a,tt, was -t rMP) /a Ua ER ., PARBR•' &CD Egg., tam In VNLtad stW1 ruty.pl)A• (WW1 rrntmrlti,., rey. sum Mika 4attal ueStifle amIrR DEVELWER_ FOSTER TPIJCNINC P PatIW a R�RY�YntlN, (t • gg.nl la Waif ISS E "IF ICLOCc ti nrwtrul ratan trAR.. 1.• Ia L1aT/L I/a CitL a 11111177 PL* PRCJCCT PO 20)12-00 DRAeo y0 i 2 SHEE' 2 OF 8 PacPAREO Bt - li Mtn L � At ante Pfd Nadir e 1 OW a' w. - KEW MINTY 605 TY RO a r •• _ .W 7.4-19 \ AO •J \ e ul n11it°eex& st: tArJb T Ty1E1Lh sacCr. ma 1 Aga; C .LL n`,r.�w-apiTJ �- _ sera a ai P �19SL rinctin In Q 7LIEI. t II:f +3 teal aet.yt(.)MT Ia WAS a.'- ^r W .. - co 1 LOT A IC MCC a . �\ 'Ir •- 4 44p G who . sr~ at t. I' kW JAW Of Rani nornsu AIM 1 Sat: SOW thOOL ~ - "..1_ movasi ZM muscat E&SOrnt noun Vill14 war ildc on } 41t, •-0 % J. .7 9.F, 'r Ai • 1,04 •qi ♦ .{• 12V9 .1 • 3,11 oYN11E ttlb 1pI0Y 0 T• 4• wi 1/2 a0CeetAtf A. ttiaLi .mLt,, AYE + j/s is is_ ....^-- Let Ite -•L Mr isuoTQ / r�' ar r{hslw erre .a1G L'y a as .L.tiynS. 71:2: a.m. v.wc a nrgoEe MI6 . Cj PPDt .Los SSOE Matti Cill*PqInuit E MOW t. sa rr"aoan4' �ri•$ac,Lv�fL♦qy�,1CIS TIMID n LIARPhm a(Rl% ELat J • • LOTa .101 KLED '1r to ao 10 0 I0 w ECALE. I • O 'Tln nr ypaI POSYm urcraw at WaalaE OTCW O= MVO" VC mem ?Amur S IPan1(L DTP* -Ut flt W *e/hRA M70tOr.w COMA PYO•llID NOd C/AN10L. .rP..ake Jo .tt.at 1,072312 SIMI OOP PIVOTS AY§pt1 _ -- MIA &IM41m a Id OM. _ rams® a rgr.m {IMlCC wait. 1100 MOD N W OUT vlwmm� I AO era L ACT WOOL S S4' Y.Y. in sl1P{ tto.a.a P! ✓'44w .SAP if 1Yalrpv v ON Cal OGAIL F CO.OFADb 1-800-922-1987 CALL 2aRUVMESS OAY5 N AMIwQE GtSO Y0U 0M0 CMCC OR EItCAVAIG FRO THE C Cr U RGROLINO SEWER ITOTTOb& CROW ItAREELtd CO SLTtna1*1UP)n.yWir tVUS%EM I LMn/a.' tW1111P\6 P1 IIYDPLIa aW11$ CletICA JIEVELOPtA r OSIER TRUCKIIID INC rY■i40 a MOW IMOIT a at A X.5oone Gala reac 5 J{tco EeRVco J.RQwW ObLE OAR mom tr YM_4 Dr oa>QS ear nW Yldt, MD'Owl GRADING PLAN _mai ct try :vs•tr4O O 01010 3 SHEET 3 OF 8 *rt. di. tRLL URRITY A9TPcA'1011 DUMP Cr C1 LbiAo0 IiWeala l• On ama. arrow n•iu)l® tJn 2rnlet • ITA1464 Mika ---.• RnMLa' a wire: .r.,r- !, QUI`S.% blew - a` —isti aryI)'A'�'4R sak y LOT A 4 *1 YXi.S •a 4 Am/ AA,r Des r r In vdGn1.,2•2N .P.Acorn. v,. rw,...%•r (mrxvu.xav new - 8OO-922-' 98? OA(I. 2-Eat•fr..'3 4At IH AGV&3:C iFTE 1 L Alo N" Cfi RCf4AIE fitF T114 U Inc. JFF Jl(nFFinlidJun LELuna a tjit$ I ) I 4 u nr +att.?T eM,nt ;r^ 1F mini And \. 0y 4W N. wp, � We N 4 4 1 =25O 94 Rc: fetj IESA_<ytew,1 l- 3.jTh 11:10401OS, —CII=MBA 1147 W µ7 . •••••-•45a-..:r I/ } NOV FM ONZ r S50 PC cwlna nvxvr `� lr IA cr 1 h J :in.: I '` l _ x>:--�Ig4e+--rte e'°— G 1 `.- (°nuotgo unfit 'Y atlLlf L101C1Ka •124.-r'i �}' W} riav j ' �sfbk7 zlr . FtsaYn .., � i + 2 - F.tain_ O' fW014 Oi/N+GL Wit iitb/ WC - - rvarWry PITT tv LOr H Itit Mt: I M. S7S 1O38'E — G 772 at IAn 40 21 0 10 10 ;DALE I -•ID J.ECIVND A ffitA2Ait<cwa3Y — (t AQI OmrcY _ _ _ an IptIL'S aIStmWIlr _ _ L-1:1113 6 atII7 mUar a:p IA IV.91RT ar.-«.tq .' ' •aa row 'Olt* G1160)11 nor MI u -eat want lilt I•I_ IKir to La, 444_4. (.,,4 r C-3 12.1117 avm 1MT*nr_ O rl/k 4'C' GIVF.Gaft a X isRAR e.mJ'E IR nl.o4,(• 41154 .ar-a• 4I0Xnein urvru utLtswn uwm< ,Me.b 0004.44 4 C'I './4I 4- it XMr W w 414 Wit PRCPOS 1101, dI1'II imams* .Ovu,l nod, mamma fir Pap 'xv rAvrv= tawt ifirraa =VC II v *A -DAN aP V% iL-%(J " I RUNOFF SUMMARY TAELE ii„v HALT Iraq" ?dr W 19- nr ;DHSS _ {111-1').r•1 :-r4 t•f>i (_1') cW— `2I HJII ,13 71: to 1C4 SII 0ri I.6 11_512 L., n 1i l a. 2 4t a it 1p D.74 0 C Clan 0.11 ILO f 4A1 4C'1 09: I 0 CAS J Form SUNNPRY TABLE woav tL jcltl j,t'Im 'set) x.SO) YOOV D Eir14E0 IcY_ti-_niII a"•57_ •.DI:Y.JI\T at7.1! Qr.Trat preo an 03a III UTq f,Arraiac •' 4n1,224_j1/41D30.110tT1.1LE 7011 VflL 4112 f,.1• PFr:PARCD CBY DAM!. lial. X t) Ir. n:It S4i.HIGI lwwnt:u .Yule. ,ttLH+W L1'I Wr/W FIIIIIMA\•: I 9pL4fJGttISFILK FOSTER Il4J.X1NG (NC b1t'11ot 11) tact Na14t,'all rt/ItAirt Caro Pain 1. W5, In Vo.. CCTJSTRUCT1QN DOCUMENTS FUN a1 41/4 4.4) W C] a cc ci g telC t) 1 O a I 3 ao X 1 u D 3 -J jJ x �33VE ( DiiE 111➢1J6) ti wall at occr'J ar 114E VN-I S oicl tg41ln am,, 1WLgi)L Il'A '/.TI112.1. •f/l PFQPOEED vg/iJNACE PLAN DIOAa lrelaUlCflQi D0+' HG AO SHat CIF 8 PIM ' OW! SiIMi Aar.1013 _ f _ — _ COUNTY RI049 E05 OM OP tae -_ter x. f/ a 6100 aanaf aa1 . M+rllanxotD atq L r N801 0'E 314 00 M3 /�� d. 601 f ft:Ina Wit eats ¢Mrw vMns+ ma v Okla - LOT A 442 m to 13 om 04. NwR A��ryry��l��1ryy L.T13a'C avri - 69 • LOCOS ISIS name Pi 0•3 •All•PIT oat awe earin ( tlIDICTiS 1F R(MberiSr feW 13 •2 381.402, %Weld ter 'i. ILIn 01 x14 `kZAI I71l11 anti =OP WTI CD•ak OOP) Ott° ODD H 'S el ton fa CAM. CMS It J q.c 1 ICL MIlt=MS(MI Pyrune M&M.Y 4 ffl 1 *4I bMiler OA Mee tau 101141 O1LiL anulur i inane &PRIM tett _ WON LOT 3 I LI ACWLI 2 Ls150 98 R=7000 23 r3'+3 31 >I.NN411 R7 E 1301st Ilileltell tATIVIID F3011114111 V 5754030 C 0772 t ID 99 ID 9 r DO • SCALE I -2D IMEND AfObIYa[ MIRED SfIt a Millar r allot MS -11 ?UMW *If14J P/b JNYe 7AZTTI WThI Icfls I MRitI FR>_MM Iry awlb MN= 17a1nLS KM A ler MAIM Ie' If N enamor OMlM.Af a IWO& Adatp MYMMfl �o x'M NS UM new halt mu 14.—.11f la..444a7f i</'L'1I /n (IP.0819K'! ora swan I tra m a114K T......A M.M.l, 16*tali M O 6 as m V r_ l9e':RM06fiefiditiOn PI PAT -' Ceti Of trtO N COLORADO —�800-922-198 �p�y��ryy� B'CR&t4� C R .RiONO OF Nd1WOE.NpC/LV% FCA ID AMER unenrs 7 MCPAREE at ERRS t R13RE1L S (0 I r;ernitre l.11l+fllwu .WPAC .1WiMI,V1 'AUSU Meath l�,M 114•fil�, ounuml Jd irr's C4rait/Dt%aO3(A '031ES TRucrwo IOC PO IM M tnTTr CO w mrrra I i r, '- 4 r- 6 � ,(_1 r .5 5 i i o rdet+_g Kza am IS$DU j D.UE stain OT MLA1ai1)e Qt�ZD lDt' SW— ftl vrcui LEOPILSINE Maa.01TFL IIh 1QTC1 WA sae & HORIZONTAL CONTROL PLAN PAM= NO `ONO -01 ORAYO.S l 19 � f L yr 1 t Ifl w 'I SHEET 'J 0r 9 . 01 - nett A! M r1C'Jw44 PAC 'J• Ara. ARca 1Q cot r YtPD1[]t: CYP FLX.M�C DRY41v' xua.Yer fa o.e f f>'fIv_.R4x1e• _ qua1A1CILRAI �Tilltl Y! veia-i rn T' 1 171.91 3 MRAm _sv - JJYr -aat frlr$ Idnpa 404 t •ice CEJJ'Ir. t0rrt.'i,n . � ear -..n e'._=JrEbti—T.-.� ac'ty �- k.. t'�? 4itl•a {b)t as,`^Qr e▪ n BL. 411 LOT A • r: AL11:b P y`a w n 5ICCATalwc • v a . •- •••••041! )1 4 I S 4-4 140 1 x<P art.. Car)f a P-went.Y- Ira q Awes art 4Y..'Y114r mN.tr ..va .n .klr taw.. c).R1:] rP•?v Jlarblw.Lr •3 '�'� ev-o-na! Ni • 0' i iY 37 1. t L _ , 5}f :' I ( • i I A :oYs,, 11 - ♦t 1r N tA+':51C .1 t11I' MACS�y.. ra xa1A 1 • t o t 414404,444bIN1-+� 6 444 w.run'•�-. 4 '�-- a4s� tnFnwn mat aanw arm 04410‘.44 FOY 4542 new 44444.4.laklase • at f d al I1--ma.•y SY--: SR:CENT FOE INS ��TyyAyyLL'I1 & RFEI0AL O OUP S Viii age vans vans :al meta. f.Qt 440.1 goo ..T (LOs any. www tf.Ra lx w?' MV."1iC t.ar au sr QA4n n.raq «ACC ataa-fl wJifol n':r•n • • 'UVLLC P Pa>?WFO SVW'L(. G14L — kV/ icay/gy A_ n Lpi c F 4 a aW1t' - Mj A1.414110 Rif l *OiO ' S V tea v OL NJ04 ?1Ve5n d Yn]7[tFju yAl BB .RR It IS eDf.?ft1010 al>y 'env.; rNCC .^0."0 04 9RQ I P. CJ :I IN. a 54art.0 WMS tit au:t.ALV v' a VJtiRI1:1K J.2J µr4 I(a11 in ISs NW ID( RQTtyci. C ;15ti-4aaWs.IX 1W 1NLr )INCn&AV vi 4144a -NT vt' luta J. Roe-oYtl4 .�aMLm. L sat. -]wan t. rIIIMPOCA NRa 1£ns a N%AO Vn tlgnlLl4 _.1:4,44 (V'�RIA�JR55l1Jl.: fq( �{�.�16.., � 'W:ti to pI ti] ILINWY eclat SIt QR5 IW ( OT�I[U1 • i.'TmtLT.i 7iW]nG r0 WL 1C.I.i ff:C7 •� AYD IQI:INCfi}I IR191 NIi{SRCl U DTI441 0 Mira WI ''4 laI R MI] :SWAM RAMC w I4 11 0 517 {d I 40 :0 G YO SCALE 1 .47 CALL LITtirr NJ?CDCAl1WN C,[NTiR C'. COLOR11D0 1 -BUG-922-108 / CALL 2-ausrr5i DAYS M A041YD-'E uHCAL YOU DK: WtAUF cRq [YCAVA1E CDR 111E LIIP(MC CB 10N10CR:niil Lfll3IR ui1u163. rr>' AI cvnae r(C1t± VICINii`( MAP °LY SCALE I .ea7u !1161Tt / IffsrAil tt Mbitf4JT L1arr0R_ - a .ontatiVor - - Clint! LOU 01VIASY :Y41AZLJi-S'. A WIC lir _ r:Z(n). Very:. r.IMlrc OF allmit ar nr(M Inl.w ..ro(ww PR:MI D u91mur ?tnt im b:a1,31 me( WI111V1 lVG4C1 W n Cr L f ol. vtmi¢ *Yon A5a1LVJ 441:A MIMIC ey 1tf11 grON nvW=. Ie- cit 114741,44 SW- 1411 WA! CJIIS4. t... 31.T MCC ta+SHtrt WOW anP1 n'l PI . c7=7, p5-- I�T 1 I 114 6wp,.A .-.a* T% i ?061(N43(1W OI CNNG A 4VIM( f(cW Avt.t Al ILA 1 M 011.1140 N.'G cct Yl NC GdOMmtw[ Cf -(M Man* AQ11rrUI VCR /NY BATH 05nn/Aaer TKO at 011Q1 N[ trraVans.'Ml'NW rIWt( 'Oft CrYYM A tart ton r.PGT TV ffl&VADA 11(4O111/CoimK0!(1KN Pm Nir 111 TfYJIIdNW.l011 it P!Yw1al( Val in n'le aUvbu(( web 1.1 Vaal �ZWISIA�_�170J SCrS 7 afl9R 006RA'U Joe (6041 Cana. 065 b viTI1 Wi bi[wc t I 11MIJ ratain(11��69(Ity yCT C4,i'i CY( AE FEASCI(.1IC rflU LC 't Oat OR Y[LVUl1 Clara] Ft a :d,reuttt1 9(atL b MSSI) H e A/IM,1 x I.UT LIRA OCtD/J: WOMB,. 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PIN r Vt?4 h OVERFLOW SPIIIWAY DFTAH • -IURE CONCRETE CUTOFF WALL DEIAIL SIRUC DETAIL QIJJILLI a 0 01 10 1111E 8 Not -a :CAI r SHEET B OF 8 From: Whitney Coulter <whitneycoulter@fischerbrownlaw.com> Sent: Tuesday, January 9, 2024 6:10 PM To: Kim Ogle <kogle@weld.gov>; Dan Brown <danbrown@fischerbrownlaw.com> Cc: Mike McRoberts <mmcroberts@weld.gov>; Scott Cockroft <srcockroft@gmail.com>; switwer@wobjlaw.com Subject: RE: Foster Trucking Company & Ogilvy Ditch Agreement Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. lli, Kim, Thank you for checking on in this with us, and I apologize for not providing an update earlier. It is my understanding that Ogilvy has reached an agreement in principle with Mr. Foster re:the stormwater drainage and improvements, though we do not yet have an executed agreement. It is also my understanding that Mr. Cockroft met with Mr. Foster on -site today to examine the state ofthe ditch and the stormwater improvements and to determine what needs to be done to protect to the ditch to Ogilvy's satisfaction. Based on that meeting, Mr. Cockroft made clear that the concrete apron originally proposed as part ofthe stormwater drawings for this project is not acceptable to the company, and Ogilvy will work with Mr. Foster to develop a more suitable outfall structure for the ditch, which likely will include placement of rip -rap solely on the outfall side ofthe ditch and not at the bottom ofthe ditch or on the opposite bank. The agreement between Mr. Foster and Ogilvy is intended to allow them to work out the particulars on that outfall structure, which Ogilvy will approve in its discretion. [ will attend the meeting tomorrow to provide the same update to the Commissioners. Please call my cell phone if you would like to coordinate before the 9 a.m. meeting: 970-218-7944. Best, Whitney Whitney Phillips Coulter, Esq. Frsclrr, Brown, Barnett. Larsen S. Iri j P.C. 1319 E Prospect Drive in Fort Collins, CO, S0525 Office. 970-407-9000 air Direct 970-44$4719 The information contained in or attached to this message is intended only fnrthe CONFIDEN11Al.. use ofthe individuall.s ) named above. If you are not the named recipient or an agent responsible fo.rdelivering a to the named recipient, you are hereby notified that you have received this e-mail message and any attachments in error and that review, dissemination, distribution or copying of this e-mail message and any attachments is prohibited. Erroneous transmittal of this communication does not constitute waiver of any applicable pnvtlege. If you have received this e-mail message and any attachments in error, please notil the sender immedia to lv by telephone or e-mail and then delete the e-mail message and any attachments trim your corn puterand!or network. Thank you. From: Kim Ogle <kogle@weld.gov> Sent: Tuesday, January 9, 2024 5.10 PM To; Dan Brown <danbrown@fischerbrownlaw.com>; Whitney Coulter cwhitnevcoulter@fischerbrownlaw.com> Cc: Mike McRoberts <mmcroberts@weld.gov>; Scott Cockroft csrcockroft@grnail.com>; switwer@wobjlaw.com; Kim Ogle <kogle@weld.gov> Subject: RE: Foster Trucking Company & Ogilvy Ditch Agreement Hello Dan and Whitney, Planning Services is reaching out again for an update on a ditch agreement for both acceptance of storm flow into the Ogilvy irrigation ditch from the Foster Trucking property and encroachment into the irrigation easement for construction of the required improvements associated with the stormwater flows for discharge into the ditch. Mr. Foster has placed a 12 -inch diameter pipe into the easement for unrestricted flaws into the ditch. The end of the pipe drops onto the sidewall of the ditch. There is no flared end pipe section, trash rack, concrete rundown apron present that would assist in allowing flows to occur without creating harm to the ditch sidewall. Any comments on either of these topics would be most appreciated. Thank you Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld_gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Thursday, January 4, 2024 7:21 AM To: Dan Brown <danbrown@fischerbrownlaw.com>; Whitney Coulter <whitneycou lte r@f ischerbrown l a w. coma Cc: Mike McRoberts <mmcroberts@weld.gov>; Scott Cockroft <srcockroft@gmail.com>; switwer@wobjlaw,com; Kim Ogle <kogle@weld.gov> Subject: Foster Trucking Company & Ogilvy Ditch Agreement Good morning and Happy New Year 2024, Planning Services is contacting your office for an update on the Foster Trucking Property located south of County Road 60.5, east of Greeley. At the last hearing on July 12, 2023, the Board heard all of the testimony and statements of those present and, having been fully informed, finds the matter should be continued to January 10, 2024, at 9:00 a.m., to allow the permittees additional time to get an agreement in place with the Ogilvy Ditch Company and bring the site into compliance. Planning Services visited the site on December 7, 2023 and determined that the site is not in compliance with the accepted Drexel Barrel drawings for the application specific to the stormwater drainage feature and associated improvements to allow discharge into the Ogilvy Ditch. • Emergency spillway, cutoff wall, and concrete rundown apron have not been constructed per the accepted plans. • Ditch Company Agreement has not been provided to Weld County Planning. • Discharge Agreement with Ogilvy Ditch Company has not been submitted to Weld County Planning. • Ditch Company sign -off on CDs has not been provided to Weld County Planning Planning staff has requested a copy of the agreement between Ogilvy and Donn Foster for the site improvements associated with this land use case, and as of this morning have not received a copy. Will one be available for inclusion in our case file for presentation as an exhibit before the Board of County Commissioners? Thank you for your assistance and update on the status of this agreement. Kind regards, Kim Kim Oge Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogFpweld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dan Brown danbrown@fischerbrowniaw.com Sent: Tuesday, July 11, 2023 1:46 PM To: Kim Ogle kogle@weid.gov; Whitney Coulter whitneycoulter@fischerbrownlaw.com Cc: Mike McRoberts mmcroberts@weld.gov; Scott Cockroft srcockroft@grnail.com; switwer a7wobjlaw.com Subject: RE: Foster Trucking Company and impacts to Ogilvy Ditch - East Greeley Ia snail :grigingt d fr.. + Outs1de' 0f e1d:county Government:. recogn ire the :sender .a nd kh c W tKe bor tent is'eaf e. ct►ck IIrt s, 0. ^:np!n ttachrn • Good afternoon Kim. I have shared this email with Ogilvy, but in view of the short time frame before, I don't expect I will be able to get feedback to provide detailed comments. I will supplement this email later this afternoon if I am able to connect with Ogilvy to there are additional issues. In view of the fact that you indicate no response will be construed as Ogilvy having no issues, did not wart to wait to provide at least these concerns: (1) Foster Trucking does not have an agreement with Ogilvy to accept stormwater, and absent such agreement Foster Trucking has no right to discharge stormwater flows to the canal. (2) From a cursory review of just the photos provided in your PowerPoint sent this morning, it is evident that the new headwall is inadequate/unfinished. At a minimum there needs to be wingwalls and additional dirt/grading and compacting, to channel stormwater flows into the pipe. Additionally, in larger events that overtop this structure through the notch, there needs to be a concrete channel behind that will deliver the water to the ditch, as well as additional protection to prevent damage to the ditch from such overtopping flows. I presume this is not the completed structure, but wanted to raise the issue to be sure. (3) We have not had opportunity to review the plans and what has been done and what remains to be done to meaningfully comment further. We ask that Ogilvy's lack of involvement and knowledge not be construed as consent. Typically, a landowner looking to run storm flow in an irrigation ditch, approach the ditch company to obtain a stormwater agreement, and through this process (of negotiating the stormwater agreement) the ditch company is able to get it concerns addressed and have input on the engineering design of structures, etc. This has not happened in this situation as we do not have an agreement to accept such flow and as such we have not had input on the adequacy of the design of the structures or the protective structures necessary to ensure the integrity of the ditch. All of which is to say Ogilvy does not wish its silence to represent that the designed or constructed structures are adequate to protect the Ogilvy Ditch from damage. Ogilvy requests that the Commissioners be made aware of these concerns at the hearing as part of your presentation. Please give me a call if you wish to discuss this further. Regards, Daniel K. Brown Fischer, Brown, Bartlett, Larsen & Irby, P.C. 1319 East Prospect Road Fort Collins, CO 80525 (970)407-9000, ext. 212 (direct) (970)407-1055 (fax) Danbrown@fbgpc.com Website: fbbglaw.com The information contained in this email may be confidential and/or legally privileged. Ithas been sent for the sole use of the intended recipient(s). lithe reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you. Eoster Tnic rig Ina 0o,013 Ong CO 80644 970-396-4869 nittoi footertnic 1114C0111 Dods # 2023-10 (Board vCounty COMISSisMISTS Menial, 11, 2024 I am writing a Letter cifIntent to alien all the issues that an t of concern on our �roperiYN on 23436 Co ti 60 1/5, greasy CO, 80631. flufir as the concerns about water run off, the stormater capturebilianity and ir4ir:age, that uri!!'6a taken camper the 1u -traction of the engineer in We are scxiitr'ng, fir` the su err so that we can p/�cv the stop sr%,n in the rig& pan as soon a the weather is batty we wilx'get the handicap sign put on concrete. At this time we are waiting„tfie r tizrevised" plans on the prpeny and the r phas with the Ogr`fvy MI:gating and Land CO. I have made it dear to tfie (eason of our property that theart toProw ?i'aEmat regulations concerning pryer containment on pain I' unlXpte to do eveorthing with these requirements that are a.skfelof me. Sin Donn Toner DBC Drexel, Barrel) & Co. Traditional _Services, Innovative Solutions Since 1949 February 19, 2024 Kim Ogle — Principal Planner Weld County Planning Services 1402 N. 17th Avenue P.O. Box 758 Greeley, Colorado 80632 1376 Miners Drive, Suite 107 • Lafayette, CO 80026 •303.442.4338 •303.442,4373 fax 3 Soutlj 7th St. • Colorado S wino& CO 80905 •719-240-0887 • 719-26Q-8352 fax RE: Proposed Drainage Compliance Foster Trucking, Weld County Colorado Dear Mr. Ogle, This letter is provided to describe the proposed linage revisions proposed to bring the Foster Trucking site into Compliance with Drainage and Storm Water Quality requirements for the current improvements as pursuant to Weld County Docket 11 202340. Site improvement variances from approved Special Use Permit U R11-oo4 that effezi the Approved Drainage Report Dated January 2012: 1. The area used as gravel parking has increased from 81,514 sf to 154,965 sf. 2. The gravel parking was constructed using Class 6 Aggregate Base course (road base). The county has requested that an imperviousness of 75% be used for the Class 6 ABC rather than 40% for the gravel in the original Report since the compacted road base seems to result in greater runoff. 3. The outlet and overflow weir were not constructed according to the approved Constmction Drawings. Drainage Items to be Addressed/Revised: 1. Overall site imperviousness has increased. 2. Water Quality Capture Volume in the onsite stormwater quality pond has been according to the increased area and imperviousness. 3. The emergency overflow weir and freeboard have been modified accordingly. 4. Drainage %wales have been res'check given the higher imperviousness and subsequent runoff rates. 5. The Ogilvy Ditch Company has stated that they do not want the cones spillways extending from the pond into the bottom of the ditch for maintenance purposes. Grouted riprap has been requested instead and to only extend to the toe of the ditch slope — not into the flat bottom. Civil, Transportation, & Water Resources Engineering Land Surveying • G e o m a t i c s • Mapping www. drexelbarrell. corn Revised Drainage Calculations: Description, Site area Grave) area Site imperviousness Required WQCV 100 -year peak runoff 2012 Design 4.13 Acres 81,514sf. 25.94% 2,069 cf 9.17 cfs Current 3.88 Acres 145,860 sf. 74.0% 4,143 of 17.03 cfs A Drainage Plan showing current site layout, grading and proposed pond grading is attached in the Appendix. Drainage revisions recommended to address the Site improvement variances: 1. The WQCV overflow elevation will be at the existing constructed overflow weir elevation of 4626.45. (4625.75 was the elevation listed in the original design.) a. The existing layout/configuration of the onsite storrnwater quality pond will remain the same and is adequate to provide the necessary re -calculated water quality volume once the surrounding berms are elevated. 2. A 12" PVC discharge pipe was installed instead of a 21" pipe. a. The pipe size is not a limiting factor -the 12" can be used. b. The original 21" pipe was utilized due to the outlet orifice holes being spaced vertically that high; however, the outlet control has been redesigned in order to make the existing 12" pipe sufficient 3. The WQCV orifice plate was never installed. a. An orifice plate installed inside the existing 12" discharge shall be installed at the headwall location. b. The orifices in the plate design based on the 12" available height was calculated and a detail is provided on the Detail Sheet in the Appendix. 4. The existing headwall was constructed with the overflow weir integral to the headwall. a. In this application the 12 -foot long headwall/overflow weir is acceptable but needs to be modified. i. The overflow weir as constructed is undersized. It is recommended that the overflow weir be widened to 8' with 1:1 side slope. ii. The calculated flowrate for the 100 -yea peak runoff (17.03 cfs) for the current site results in a 0.75 -foot depth, (4626.45+ 0.7'5=4627'.20 WSL) and an increased overflow water surface level. iii. The top of the headwall should be increased to 4628.20 to provide a 1 -foot freeboard. 5. Site grading. a. As noted, the pond volume is sufficient with current grading. i. Accumulated silt shall be removed from the bottom of the pond and the base grading shall be restored to a 2% slope. Drainage Letter Page 2 2/19/2024 H. The pond volume shall be verified with an as -build survey at the completion of grading operations and certified by the engineer of record. b. The berm between the pond and the Ogilvy Irrigation Ditch needs to be increased to 4628.20 elevation. I. The existing bean appears to be less than the design elevation of 4627.25. ii. It is recommended that the berm be raised at a 3:1 side slope which may require some fill into the pond. (his fill was included in our volume estimate.) c. Onsite stormwater swales i. Revised swale hydraulics indicate that a flow depth of approximately 0.70' will be required for the 100 -year storm. With a berm height of 4628.20 a 1 - foot freeboard will be provided. ii. See typical grading shown on the Detail Sheet in the Appendix. iii. The fill on top of the been shall extend east and west of the pond until it matches where the berm is already at that elevation. 6. Emergency Spillway a. A routed riprap emergency spillway shall be installed (Type L Riprap). i. The riprap shall extend from the headwall to the toe of the slope at the bottom of'the Ogilvy Ditch. H. Sides of the riprapped lined spillway will slope up the top of the berm. iii. The ripmp will also cover the outlet of the 12" discharge pipe. iv. See the Spillway Detail in the Appendix. 7. Riprap Rundown a. There has been excessive erosion occurring at the west end of the pond where the drainage swale slopes down into the pond. b. A &foot wide (Type L grouted tiprap) rundown shall be installed at the sloped area. It should extend 3 -feet past top of slope grade and toe of slope grade breaks. Please feel free to reach out to myself for any additional information or questions. It is understood that a final asibu It drainage certification for the pond (and the site as a whole) will be required and shall be performed with a field survey for verification. Respectfully, Cameron Knapp Senior Associate DREXEL, BARREL & CO. Drainage Letter Page 3 2/19/2024 "I hereby certify that this remised drainage design of Foster Trucking was prepared by me (or under my direct supervision) in accordance with the provisions of the Weld, County storm drainage criteria for the owners thereof" Sincerely, • S. Cameron W. Knapp, PE Registemd Pr afessional Engineer State of Colorado No. 38898 Drainage Letter O2/1 c1/2024 Page 4 2/19/2024 IMMO ISLIP 4=EMMI ..IANIS a Mr aNiai Drexel. Burell & Co. Basin Characteristics Run-off Analysis Proposed Conditions BASIN 'A' Project: Foster Trucking, Inc. Pro No: 20310-002 Data: 02119124 Calculated Soil Classification: A Area [acres] us 3.88 Description: Basin 'A° is comprised of Sub -Basins 'A l', ' -2', that represents the proposed conditions of the site area that is located on the north side of the Ogilvy Irrigation Ditch, Catchment Com Won: Surma Characteristic Subarea ' rani I BM i* Ce C Cie Cum Roof Area 10,000 90 0,69 0.71 0,73 0,79 Concrete Drives and Walks 2,400 90 0.69 0.71 0.73 / 0.79 L.a ndscate 0 0 0 0 0.05 02 Streets _ 4,360 100 0188 0.9 0.92 0.88 Undeveloped 6400 2 0 0 0.07 0.22 Gravel _ 145,880 78 0.58 0.6 0.61 0.69 Total 188,020 Weighted Percent imperviousness(i]: 7318 Weighted Runoff Coefficients: Time of Concentration: See TC Worksheet toimin]■ 14.60 Peak Run-off Rates: le* = 2.39 = 3.43 0.57 0.59 0.61 0..69 1W = 4.05 Mica'"` = 8.39 a* [ct9ej = 5.33 Cle[cfsj a 7.88 go [Al - 8.82 QIN (CM Urban Storm Drainage Criteria Manual, Volume 1, Tables RO-3 & RO-5 n Urban Storm Drainage Criteria Manual, Volume 1, Erin. RA -3 & NOAA Alias Volume Ill. 17.03 NM S isikei wemmis or alma 'ME P dal, taNsrabi Drexel, Barren B Co Basin Characteristics Run-off Analysis Proposed Conditions SUB -BASIN 'A-1' Project Foster Trucking, Inc. Pro act : 20310-02 Date: 02/19/24 Calculated Soil Classification: A Area [acres] a 122 Description: This sub -basin represents the proposed ditons within the northeast portion of the property that drains to the proposed drainage swells leading to the stormwater quality pi Catchment Com Won: Surface Characteristic Bub -Area ` Ir. , . PI r Cat s Cie Ciot Roof Area 5,000 90 0.69 0.71 0►.73 0.79 „oncrete Drives and Walks 0 T 90 0.69 0.71 0.73 0.79 Landscape 0 0 _ 0 0 OM 0.2 0 100 0.89 0.9 0.82 0.86 Streets Undevelo ed 0 2 0 0 0.07 0.22 ,Gravel 48,087 75 0.58 _ 0.6 0.61 0.69 Total 53,091 Weighted Percent Imperviousness 76.41 Weighted Runoff Coefficients: Time of Concentration: See IC Worksheet to [mIn]= 11.60 Peak Run-off Rates: 12"=2.65 I$..=3.79 Q3Ids] za 1.81 Cisids] so 2.82 ►0.59► 061 �w 0.62 0.70 lion = 4.48 Cho Icts] _ 3.36 Noon = 7.08 Qum [f.] • 6.04 * Urban Stoma Drainage Criteria Manual, Volume 1, Tables RO-3 & RO-5 1'" Urban Storm Drainage Criteria Manual, Volume el, Egn. RA -3 & NOM Atlas Volume ill. ANSI iir ma r Drexel, Barrell & co. Basin Characteristics Run-off Analysis Pr posed Conditions SUB -BASIN 'A-2' Project: Foster Trucking, inc. Pro No: 20310-02 Soil Classification: Area [aces] - A 2.68 Date: 02/19/24 Calculated : MAB Description: This sub -basin represents the proposed conditions whin the northwest portion of the property that drains directly into the sto►rmwater quality pond. Catchment Composition: Subarea MI Ilaill Surface Characteristic Cie*Cue* Roof Area 5 000 90 0.59 0.71 0.73 0.79 Concrete Drives and Walks 2 400 90 0.69 0.71 0.73 00.79 Landsca' e 0 0 0 0 _ 0,05 02 Streets 4 360 100 0,89 0.9 0.92 0.96 Undevelo s ed 6,400 2 0 0 0.07 0.22 Gravel 97 763 75 0.55 0.5 0,51 0.89 Total 115,923 Weighted Percent imperviousness [°J6j: 72.87 Weighted Runoff Coefficients: Time of Concentration: See it Worksheet te (min] = 14.44 Peak Run-off Rates: 12n= 2.40 it = 3.44 02 (cfe] s 3.62 Qs ECM = 5.36 'Cie 11 C _0. 57 x.50 0,60 0 68 lion = 4.07 5.42 Clio [cfej• 6.49 QINMa] 11.64 * Urban Storm Drainage Criteria Manual, Volume '1, Tables RO-3 & RO-5 n Urban Storm Drainage Criteria Manual, Volume 11 Eqn. R43 & NOM Atlas Volume ill f r i SEWS ..•S ,.1IMM S i- 1. r DILE:XEL, BARRELL&CO CIVIL ENGINEERS/LAND SURVEYORS TABLE 4-2 TIME OF CONCENTRATION RATIONAL METHOD PROJECT: FOSTER TRUCKING CALC. BY: MAB DATE: 02/19/2024 SUB -BASIN INITIAL I OVERLAND TRAWL TIME FINAL REMARKS DATA TIME (Ti) a 0,305(1.1-C gL1my(So21) (Tt) a postern where V • C, es Te DESIGN 1 Pt COEFF. CS I AREA (Ac) LENGTH I A ELEV. (Ft) I (It) I SLOPE (iUf) I 11 (Min.) LENGTH A ELEV. I (Ft) (11) SLOPE ( Conveyance HISTORIC Coefficient (Fpe) Tt (Min.) , (Min.) CONTRIBUTING BASINS DEVELOPED BASINS 1 0.56 tee 290 5.4 0.016 13.2 160 B 0.031 10 , 1.9 1.4 14.6 1e 0.61 1/2 25 115 0.034 4 r '8.0 155 1.5 0010 10 0496 l.6 11.6 'A-1' lb 0.56 3.60 , 290 _- 5.4 0.016 13.1 160 6 _ 0.036 _ 10 1S4 1.4 14.4 _ 't Pro aimimmin 'nee sr ma mow ar Ana • Drexel. Banell & Co Project est No: Basin Characteristics Water Quality Capture Volume Analysis Foster Trucking, Inc. 20310-02 Proposed Conditions BASIN 'AA' Date: 02119/24 Calculated : MAS REQUIRED WATER QUALITY CAPTURE VOLUME: 1. Basin Storage Volume A) Tributary Area's imperviousness Ratio {i - I,, S 100) B) Contributing Watershed Area (Area) C) Water Quality Capture Volume (WQCV) (W V=1.0''(O.S1 *1-1.19*P+0.70*l)) O) Design Volume: Vol = QCV 112) * Area li = 73.E °!I'r I• Area ■ 0.74 3.88 acres 'WOCV OS watershed inches Vol • Vol = 0.0951 acre-feet cubic feet 3. Trash Rack A) Needed Open Area: At, = 0,5* (Figures 7 Value) * Aot At 33 square Inches B) Type of Outlet Opening (Check One) _ X _ r Diameter ,mod C) For 2 f or &nailer., itgpnd pq (Ref.: Figure Ba): I) Width of Trash Rack and Concrete Opening ONamj from Table Sari 'wpm = 9 inches Ay Height of Trash Rack S (Hm) I = 21 inches III) Type of Sin (Based on Depth H), Describe if 'Otht X Sit, 093 'SEE Wire (US Aker) iv) Screen Opening Slot Dimension, Describe If "Other" X 0.139- (US Fitter') v) Spacing of Support Rod .C.) 075 inches Type and Size of Support Rod (Ref.: Table' fin VEE vi) Type end Size of Holding Fmme (Ref.: Table 6a-2) 3M Ind x'1.0 in. flat bar =mesa= EMPF a. E S DREXEL, BARRELL tt Co. CIVIL ENGINEERS / LAND SURVEYORS Project: FOSTERMUCKING ING Job # 20310-02 Client ■ Oster Truckin W+QCV ORIFICE PLATE RELEASE: Pond update ned MMM Date: V1812024 where: -WQCV Orifice Control Plate is designed to provide WQCV release from pond in 40 hours Orifice Flow Equation: Q =CdA(2gh)112 '4 - Cd= Invert= -, i� II- Rows Spacing 4400 in A Orifice 4,217 volume ft3 0.097 acre feet 0.0293 cfs 0.65 4623.75 4626.42 2.40 32.2 4 0.15 0443 112 elevation elevation ft ftiseca Ina inch Ctia inch dia Total flow of all orifices Orifice Coefficient Row I elevation Total Head gravity Area in sq. in. per row SAMMat smempplarn ANS MIS DREXEL, BARRELL Sz CO. CIVIL ENGINEERS I LAND SURVEYORS P ° FOSTER TRUCKING REVISED) Client Foster Tr 1n EM R _ ENCY OVERFL4 SPILL AY: Job # 20310-02 Date: 02119/20,24 BumWidth_ sir Side Slope Weir I'av - for Weir Crest Cue a tor Rectangular Weir Cod. for Tra * ezoidati Weir La Sim Cita • Y Al )0 Horizontal to I Vertical 4626,45 elevation 31 Water Surface Elevation (ft) Water incremental Depth ( Weir Incremental width (ft) 'f Rectangular Weir Rewrote Qr ( ) Weir Triangular Flowrate 2''i't (cis) I Trapezoidal Flow Welt cf19 rate 4626.4 0.00 t 6.00 0.00 a 0.00 0.00 _ ` 0,01 0.79 4626.55 I 0.1 i 8.20 0.78 0.02 1.46 1.44 4626.60 0.15 830 4626,65 _ I 0.20 I 8.40 004 2i26_ 2.22 3.10. 0.08 3.18 4626.70 0.25 r 6.50 0.12 4.20 4.08 I 4626.75 0,30_ 6.60 1 5.14 OA 6 i 5.31 4626.80 0.35 8.70 - 6.27 0.25 6.52 4626.55 0.40 I 8.80 7.48 0.34 7.82 4626.90 0.45 8.90 0.44 9.21 4626.95 0.50 6.00 8.77 _ 4627.00 0.55 9.10 0.56 10.47 l 10.'12 11.53 0.69 12. 4627.05 0060 9.20 - _ - _ 13.00 0.84 13.84 4627.10 0.65 9.30 1.02 i 15.54 14.E 4627.15 0.70 9.40 II 161' 4627.20 0.75 9.50 1.21 J 17,32 17.75 1.42 19417 462725 0.80 6.60 _ 462820 j 1.75 1 11.50 i 57.41 ; 10.05 67.46 SPILLWAY ELEV. 100XXR PEAK FREEBOARD NOTE: **r flowrate bid an Trapaaidal Weir Ewen. from WSW Chapter 12. Rectaracubr Broad -crud Weir; Eqvatlem U4 Sloping (trisap1sr) Broadanted Wei ri gqadon 1209 apoories ats f DREXEL BARRELL 8z CO. Project: Foster Trucking, Inc. Project No: 20310-02 STORAGE VOLUME PROVIDED IN WATER QUALM POND CIVIL ENGINEERS/LAND SURVEYORS Date: 2119/2024 Calculated By: MAB CONTOUR SURFACE AREA (0) INCREMENTAL"CUMULATIVE VOLUME _ te) VOLUME CUIPAULIWIVE VOLUME SURFACE AREA (A) ft)cam► DEPTH EN ELEVATION CONTOUR'S 4623.75 0 0 0 0 0.00 4624.00 111 0 0.25 9 9 0.000 4824.25 401 111 _ 0.25 _ � 60 70 0.002 4624.50 707 401 0.25 137 206 0.005 4824.75 1,048 707 0.25 218 424 0.010 4625,00 1,423 1.0413 0,25 307 732 0.017 4625.25 1,888 1 423 0.25 412 1,144 0.026 1 4625.50 2,463 1 886 0.25 542 tees 0.039 4625.75 Z790 2,483 0.25 656 2,342 0.054 4625.00 ► 3,011 2,790 0.25 725 3 057 0.070 4025.25 3,180 3,011 0.25 774 3,541 0.088 4828.50 3,339 3,180 0.25 815 4658 0.107 4028.75 3,501 3,339 0.25 855 5,511 0.127 4627.00 3 676 - 3 501 0.25 897 6 4.08 0.147 4827.25 4 078 3 678 0.25 909 7,377 0.189 VOLUME = (1 J*11A +B ) - POND INVERT WO VVOVNFLOW Channel Report Hydraext Express Extension br Autodeske AutoCAD. Civil 3t by Autodesk, tomt %` BASIN A-1 SWALE 10-YR Triangular Side Slopes (z:1) Total Depth (It) Invert Elev {ft} Slope (%) N -Value Calculations Compute by: Known Q (cis) Elev (ft) •8.OO 4627.50 4627.00 4626.60 4626.00 4.00, 3.00 110 4626.00 = 1800 0.020 Known Q 3.39 Section 0 2 4 6 a 10 12 14 18 Highlighted Depth (ft) Q(cls) Area (sqft) Velocity (Il/s) Wetted Perim (ft) Crit Depth, YC (ft) Top Width (It) EGL (ft) Monday, Feb 19 2024 0.56 3.390 e 1.10 3.09 4.08 0.57 sat 3.92 0.71 Depth (ft) 2.00 150 1.00 0.50 0.00 -0.50 Reach (ft) Channel Report Hydraflow Express Extension lion AutodaakS Auto [® Civil 3D® by Aubdesk, Inc. BASIN A•1 SWALE 100-YR Triangular Side Slopes (x:1) Total Depth (ft) Invert Elev (ft) Slope (%) N -Value Calculations Compute by: Known Q (cis) Elev (ft) V8400 4827.80 4827.00 4826.50 4626.00 5.50 a 4.00, 3.00 a 1.70 = 4626.00 1.00 = 0.020 Known CI =6.00 Section Highlighted Depth (ft) Q(cfs) Area (sqft) Velocity (ftls) Wetted Perim (ft) Grit Depth, Yc ({t) Top Width (ft) EGL (ft) Monday Feb 19 2024 _ 0.70 = 6.000 � S 3.50 = 5.10 = 0672 r 4.90 =0.89 Depth (ft) 0 2 4 8 8 10 12 14 16 Z00 1.50 too 0.50 0.00 -0.50 Reach (ft) Channel Report Hydrala w Else Extension for Aidociesie AutoADS Civil 305 by Auk, Inc. BASIN A-2 SWALE 10-YR Triangular Side Slopes (z:1 ) Total Depth (ft) Invert Elev (ft) Slope (96) N -Value Calculations Compute by: Known Q (cfs) Elev (ft) V8.00 4627.50 4627.00 466.50 4626.00 I25.543 = 20.00, 3.00 _ 'I.60 4626.00 = 1.00 = 0.020 Known CI = 8.50 Section 0 5 10 15 20 25 30 35 40 Highlighted Depth (ft) CI (cfsj Area (sqft) Velocity (ft/s) Wethed Perim (ft) Cdt Depth, Yc (ft) Top Width (ft) EGL (ft) Mondays Feb 19 2024 0.46 = 6.5€ 0 243 = 2.87 _ 10.67 - 0.46 10.58 0.57 45 Depth (ft) 2.00 1.50 1.00 0.50 0.00 ' -050 50 Reach (ft) Channel Report Hydra** awns Extension for Autodesk. AutoCAND CM 3C10 by Aulodasks Inc. %Apt BASIN A-2 SWALE 100-YR Triangular Side Slopes (ii) Total Depth (ft) Invert Elev (if) Slope ('°,6) N -Value Calculations Compute by: Known Q (cis) Bev (ft) (11,8.00 4627.50 7.00 4626.50 4626.00 41125.50 = 20.00, 3.00 - 1,60 = 4626.00 = 1.00 0.00► Known Q = 11.60 Section Highlighted Depth (ft) Q(cfs) Area (sqft) Velocity (ft/s) Wetted Perim (ft) Crit Depth, Yc (ft) Top Wide (ft) EGL (ft) 0 5 10 15 20 25 30 35 40 Monday, Feb 19 2024 _ VII 57 = 11.60 _ 3.74 _ 3.'1} = 1322 = 0.58 = 13.11 = 0.72 Depth (ft) 45 2.00 1.50 too 0.50 0.00 -0.50 50 Reach (ft) dam w Aasr S .. r n '----s-may seellagirsmtz --ik. viiii '+.B tt ASK LOT A Ntsift �utl "Illan bait laa ND MSS SW' e r -'474 250.94' vast w.r • 4tat \F S a aIIIMMISaaai Itl Q111,-- MSI r alai Matt she • - ■ U. !WIC raffia 45 W. ?n9 9 L tiAISaP R asI IS al�a�al Milt animal.*ISSN S a -a Airrr MS ■aaaal a.... # la/►s'aSSP. a MINI IMO S ISM Oat= - nas awa �pn IOWA ....aim "Wa-as oat I,19 M F_�rJ - .• a r - 1X 4S— M I EIMEEI araE- a'NJ 'En) am }x ■ 7sF•asr;as3 as' as' OM Mist' illIntallEVEIWit"ME1111-11 P00 SAWN VOA rwit, 1__ aarf-I "ail 1 =I NNW MEM IN Wal NflL -- tSI =Me CIS can paean name \ tit ©TYrnCALJrLFl)ON a. Mn RSV IP a•aa. -4 w. - 1� 'a -n a a► a� Thimel 46, ang noea OMR Bab cfyrtrICALNILIALE SECIION a` nor! as n a* au Mil•. PIP Irma'. SALE NOTION w wicr. niat le tan — lirs ds V fit Inginkamoliknelleal Pin Mg gas 22t annum& a wain • Mar IOW �' 'e' 1!!W! a!l!rim PEP R r NS -' DETAIL MOT TO Kai OWKLOW ILLWAY RIMSIf l DETAIL JO MINOS mow+ a�a� ar _. tr al MIMI tra s aattea! Of It tr Me r� SEXPIEffCtRATED ORIFICE ►.•. i. •. aQ aa<r CTtdw lb. Mil NM maftwortcy OVERFLOW RI lAP AGREEMENT TO ALLOW DISCHARGE OF STORM WATER INTO OGILVY LVY DITCH THIS AGREEMENT is made this 25TH day of March, 2024 (the "Effective Date") between Foster Trucking, Inc. ("Foster Trucking"), whose address is 23989 County Road 58, Greeley, CO 80631, and the Ogilvy Irrigating and Land Company ("Ogilvy"), a Colorado mutual ditch and irrigation company whose address is 822 7th Street, Suite 760, Greeley, CO 80631. Foster Trucking and Ogilvy may be referred to herein collectively as the "Parties" or individually as "Party." RECITALS WHEREAS, Foster Trucking owns two parcels of land located in the N V2 of the SW 'A of Section 1, Township 5 North, Range 65 West of the 6th P.M., more specifically described as Lots A and B of Recorded Exemption 0961 -1 -3 -RE -4573 ("Foster Trucking Property"); and WHEREAS, Ogilvy owns and operates the Ogilvy Ditch, which diverts water from the Cache la Poudre River east of Greeley for delivery to stockholders and which runs in relevant part generally easterly along 8th Street in the N %2 of the SW '/4 of Section 1, Township 5 North, Range 65 West of the 6th P.M., including across the Foster Trucking Property; and WHEREAS, Ogilvy has a prescriptive right-of-way and easement for the Ditch and sufficient lands on each side of the Ditch to allow the Ogilvy to fully enjoy and utilize the easement and right of way (the "Ditch Easement"); and WHEREAS, the Foster Trucking Property is subject to USR11-0004, as corrected, which allows certain industrial and oil -and -gas -related operations to occur on said parcels; and WHEREAS, the operations on the Foster Trucking Property have caused an alteration in the historical stormwater drainage that is intercepted by the Ogilvy Ditch; and WHEREAS, Foster Trucking is therefore required by law to obtain an agreement with Ogilvy to allow such alterations in historical stormwater drainage ("Stormwater"), as those alterations impact the Ogilvy Ditch; and WHEREAS, in accordance with USR 11-0004, as corrected (attached hereto and hereby incorporated herein as Exhibit A), and the related Stormwater Management Plan provided by Drexel Barell & Co., dated January 2012 ("Stormwater Management Plan") (attached hereto and hereby incorporated herein as Exhibit B), Foster Trucking is required to install certain structures, including a stormwater detention pond ("Stormwater Improvements") on the Foster Trucking Property, as shown on the maps and construction details ("Plans and Specifications")(attached hereto and hereby incorporated herein as Exhibit C; and 1 WHEREAS, Ogilvy is willing to accept Stormwater discharged from the Foster Trucking Property through the Stormwater Improvements into the Ogilvy Ditch in accordance with requirements set forth in USR11-0004, the Stormwater Management Plan, and the Plans and Specifications as modified by agreement with the Company, and in accordance with the terms and conditions set forth below AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged by the Parties, the Parties mutually agree as follows 1) Recitals The above recitals are hereby incorporated herein by reference as if fully set forth 2) Ownership and Authority Foster Trucking represents and warrants that it currently owns the Foster Trucking Property and that there are no liens or encumbrances that would prevent Foster Trucking from fulfilling all obligations under this Agreement Each Party hereby represents and warrants, on behalf of itself and its successors and assigns in interest, that it has full legal authority to enter into and be bound by this Agreement 3) Agreement to Accept Stormwater For and inconsideration of a one-time payment of $5,000 00, Ogilvy agrees to allow Foster Trucking to discharge Stormwater originating on the Foster Trucking Property into the Ogilvy Ditch at rates not to exceed the 5 -year discharge rate and in accordance with the terms and conditions set forth in the Stormwater Management Plan 4) Construction Foster Trucking covenants that it shall construct and maintain all the Improvements required by the Stormwater Report in order to assure the discharge of Stormwater is consistent with the Stormwater Report and not in excess of the 5 -year rate set out in the Stormwater Report Foster Trucking further warrants that the Improvements do or will conform to federal, state, and local drainage water requirements 5) Ogilvy's Approval The Improvements include the construction of structures necessary to protect the Ogilvy Ditch The Plans and Specifications originally approved by Weld County depict a concrete apron within the Ditch Such a structure is not acceptable to Ogilvy, and Ogilvy will work with Foster Trucking to design an outfall structure from a pipeline into the Ditch that will protect the integrity of the ditch bank, which may include installation of rip - rap on the outfall side of the ditch bank and the toe of the Ditch but not in the bottom of the Ditch or on the opposite ditch bank The outfall pipeline must extend, from the bank of the Ditch to a point where drainage water will be discharged directly into water flowing in the ditch The outfall pipe should also be placed with the invert elevation above the normal water surface elevation in the ditch Ogilvy will review revised plans and specifications for the work and Improvements within the Ditch Easement and Ditch No construction of said Improvements will be permitted until Ogilvy has approved those revised plans Foster Trucking will submit the Plans and Specifications, as revised related to the Improvements in the Ditch Easement and Ditch, to Weld County for approval All other aspects of the 2 Stormwater Management Plans and Plans and Specifications shall remain unchanged. If modifications to other aspects of such plans are proposed, and such alterations impact stormwater drainage into the Ditch, Foster Trucking must receive written approval of the same from Ogilvy. 6) Compliance with Approved Plans and Specifications. This Agreement presumes that Foster Trucking will bring the Property into full compliance with the Plans and Specifications, as they are modified consistent with paragraph 5 above, and will install the Improvements consistent with the approved Stormwater Plan and Plans and Specifications. Ogilvy may terminate this Agreement or refuse to accept stormwater from the Property if Foster Trucking fails to bring Improvements related to discharge of stormwater into the Ditch into compliance with plans approved by Ogilvy and Weld County. 7) Notice to Ogilvy. Foster Trucking shall notify Ogilvy at least 48 hours prior to the start of construction of, modifications or repairs to said Improvements, so that Ogilvy may supervise and inspect the work as they deem necessary, unless otherwise agreed to by Ogilvy. In the event Ogilvy deems it necessary to retain an engineer for supervision of any work on the Improvements, Foster Trucking shall be responsible for the reasonable fees and costs of such engineer, unless otherwise agreed to in writing by the Company. 8) Costs. Foster Trucking shall be solely responsible for all costs associated with the construction, maintenance, repair, and replacement of the Improvements. 9) Professional Fees and Costs. Foster Trucking shall be responsible for reasonable professional fees and costs related to this Agreement and shall pay any invoice for such fees and costs within ten (10) business days after the receipt thereof, unless otherwise agreed to in writing by the Company. 10) No Disturbance of Flow. In carrying out its rights and duties under this Agreement, Foster Trucking will use all reasonable means to prevent any disturbance of the flow of water in the Ogilvy Ditch, unless permission in writing is first received from Ogilvy for such disturbance. Foster Trucking shall be responsible for any damages resulting from the unauthorized disturbance of flow of water through the Ogilvy Ditch caused by Foster Trucking. 11) Ogilvy Ditch Maintenance. Ogilvy reserves full power to operate, maintain, alter, enlarge, relocate, clean and manage the Ogilvy Ditch and installations, but in so doing, shall use all reasonable means not to interfere with Foster Trucking's use via the Improvements. In the event, however, that any such action on the part of Ogilvy could reasonably be expected to affect Foster Trucking and its use of the Ogilvy Ditch and Improvements, except in the event of emergency repairs, Ogilvy agrees to give prior notice to Foster Trucking and to reasonably cooperate with Foster Trucking to avoid injuries or damages to the Improvements. In the event that Ogilvy finds it necessary to perform emergency repairs to the Ogilvy Ditch, either now or at any future time, Ogilvy shall be solely responsible for the costs of such repairs, unless such repairs are necessary as a result of the Improvements and installation or maintenance thereof, and shall be wholly without liability for damages to the Foster Trucking Property or Improvements as the result of the performance of said repairs, except to the 3 extent such damages are caused by the negligence or misconduct of Ogilvy, its contractors, agents or employees. Determination of whether an emergency exists shall be at the sole discretion of Ogilvy. 12) Maintenance of Improvements. Stormwater from the Foster Trucking Property will be collected and released in a manner consistent with the Stormwater Report only. Foster Trucking agrees that it will maintain the capacity and functionality of the Improvements, and that no water or waters other than Stormwater from the Foster Trucking Property will be stored or allowed to collect in the Improvements. In the event Foster Trucking fails to comply, Ogilvy may restore the capacity and functionality of the Improvements and shall invoice Foster Trucking for the cost and expense of such work, which Foster Trucking shall pay within thirty (30) days. If the Improvements cease to function, Ogilvy may also, in its sole discretion, refuse to continue to accept discharge Stormwater originating on the Foster Trucking Property. 13) Stormwater Quality. Foster Trucking shall ensure that appropriate and effective permanent water cleansing practices, techniques, and apparatuses are installed, designed, and utilized to effectively clean any waters to be drained into the Ogilvy Ditch. At a minimum, any water discharged to the Ogilvy Ditch shall meet the then -current local, state, and federal water - quality standards for discharges into a public waterway in which the waters ultimately may be discharged under the then -applicable public waterways classification at such point of discharge. In the event that the Stormwater discharged violates said water -quality standards, Ogilvy may immediately terminate this Agreement, and all discharges to the Ogilvy Ditch shall cease. Foster Trucking shall be liable for any damages resulting from said violation. 14) Requisite Permits. In the event that a local, state or federal governmental agency or authority or any court of competent jurisdiction requires Ogilvy to obtain, or asserts that Ogilvy must obtain or was required to obtain, any permit, authorization, or similar approval to allow Ogilvy to receive and/or discharge the Stormwater received pursuant to this Agreement, Foster Trucking shall obtain such permit, authorization or similar approval on behalf of Ogilvy at Foster Trucking's expense. Ogilvy shall not be responsible for obtaining any such permit, authorization or similar approval; however, Ogilvy shall fully cooperate with Foster Trucking in such process. In the event that any administrative, judicial or similar proceeding is brought against Ogilvy, its officers, directors or employees due to the existence or nonexistence of any such permit, approval or similar authorization, Foster Trucking shall indemnify Ogilvy, its officers, directors, employees and shareholders from any liability or damages, and shall pay Ogilvy's reasonable attorney fees and costs incurred in connection with any such proceeding. 15) No other encumbrances. Foster Trucking shall not install a fence, nor construct any building or structure, nor plant trees or shrubbery in or in the vicinity of the Ogilvy Ditch without Ogilvy first having given written authorization. 16) Restoration. Upon completion of the Improvements or other work performed by Foster Trucking in the Ogilvy Ditch or vicinity pursuant to this Agreement, Foster Trucking shall, to the extent practicable, restore the Ogilvy Ditch and adjacent area to its original state, as 4 nearly as is reasonably possible, to at least equal to the condition it was in immediately prior to the date of this Agreement, except as necessarily modified to accommodate the Improvements. 17) No Damage. Foster Trucking's discharge of stormwater into the Ogilvy Ditch shall not proximately cause damage to the Ogilvy Ditch or any structures, headgates, weirs, culverts, or other infrastructure owned by Ogilvy and associated with the Ogilvy Ditch. If the discharge of Foster Trucking's stormwater does cause damage to the Ogilvy Ditch or above - described structures or infrastructure, Foster Trucking shall promptly repair said damage at its sole cost and expense and under Ogilvy's direction, and in the event Foster Trucking fails to promptly do so, Ogilvy may do so and shall invoice Foster Trucking for the cost and expense of said repairs, which Foster Trucking shall pay within thirty (30) days. 18) Indemnification. Foster Trucking shall indemnify Ogilvy, its officers, directors and employees, and forever hold them harmless from liability for damage or injury to Ogilvy, its shareholders, and third persons resulting from this Agreement, its existence, or any construction, repair, use or operation in connection therewith, except to the extent caused by the gross negligence of Ogilvy, its shareholders, officers, directors, contractors and employees. 19) Notice. Any notice required or permitted hereunder shall be written and delivered by hand or a nationally recognized service with signature required upon receipt, and shall be deemed effective upon such signature, and addressed to the party to whom notice is to be given as noted below, which may be updated by following this procedure: If to Ogilvy: If to Foster Trucking, Inc.: The Ogilvy Irrigating and Land Company 8209 W. 20th Street, Suit A Greeley, CO 80634 Foster Trucking, Inc. 23989 County Road 58, Greeley, CO 80631 In the event a different person or entity than the person or entity listed above shall be given notice, the other party shall be notified of this change in writing pursuant to this paragraph. 20) No Waiver. Failure by either Party to enforce any or all provisions of this Agreement at any time does not and shall not operate as a waiver or estoppel. 21) Subject to Existing Encumbrances. This Agreement, and any authorization by Ogilvy, is subject to all restrictions, reservations, rights -of -way, easements, documents or agreements existing or of record in the Weld County Clerk and Recorder's Office at the time this Agreement is recorded. Ogilvy makes absolutely no warranties, including warranties of title, in or by this Agreement or any grant herein. 5 22) Not assignable. This Agreement and all the terms and conditions herein shall not be assigned by Foster Trucking unless written authorization is first obtained from Ogilvy. 23) One Agreement. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same document. 24) Duration. The term of this Agreement shall not exceed 25 years and shall immediately expire if/when Foster Trucking or its successors and assigns permanently cease to operate the Foster Trucking Property for the purposes allowed under USR11-0004. 25) Recording. This Agreement shall be recorded in the real property records of Weld County, Colorado. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be duly executed by the proper officer and have affixed their seals hereto on the day and year first above written. [SIGNATURES TO FOLLOW] 6 OGI Y IRRIGATING AND LAND COMPANY , as /..d STATE OF COLORADO )ss. COUNTY OF WELD) The foregoing instrument w acknowledged before me this day of ��V\ , 2024, by i/e- ,akin as �� of the Ogilvy Irrigating and Land Company, a Colorado nonprofit corporation, on behalf of the corporation. Witness my hand and official seal. Anastasia Taylor NOTARY PUBLIC STATE OF COLORADO NOTARY ID* 20214050123 MY COMMISSION EXPIRES 12/30/2025 Notary Public T My Commission expires: Id) 3o/, C,)c- 7 Foster Trucking, Inc. STATE OF COLORADO COUNTY OF Lire1� )ss. By: The foregoing instrument was acknowledged before me this QI day of V.c.,,b 2024, by 1V0 _ v . ,(a,,r , as .c.r _ _ of Foster Trucking, Inc., a Co1oado corporation. Witness my hand and official seal. DEANNA RAINBOLT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224021567 MY COMMISSION EXPIRES JUNE 3, 2026 • kta15i Public My Commission c: pires: Hello