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HomeMy WebLinkAbout20202890.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 10, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Conservation Reserve Program Reassignment (2019-4909) On December 2, 2019, the Board of County Commissioners (BOCC) approved Resolution 2019-4909 to purchase land from Christian Petersheim to accommodate a future gravel mining site for the Department of Public Works. This resolution authorized the chairperson of the BOCC to sign all necessary documents for the purchase of the property. This property was enrolled in the US Department of Agriculture Conservation Reserve Program (CRP) on the date of purchase with the following notable items: Former Owner Tract Contract period Acres Annual Contract Payment Amount New Contract Number Christian Petersheim 15734 10/1/2020 9/30/2020 126 $5,407.00 2140L As part of the purchase, the existing CRP agreement is to be conveyed to Weld County for its remaining duration which expires on September 30, 2020. Exhibit A is the US Department of Agriculture Conservation Reserve Program contract number 2140L. Buildings & Grounds is recommending executing this agreement to finalize the conveyance of this obligation. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Consent A9ie-n Oct !E;0 6* -r); 1 C88 ; us& 9 /aO lv-o5-.20 2020-2890 USDA United States Fr Department of Agriculture Farm Production and Conservation Farm Service Agency Weld County FSA 4302 W 9th Street Road Greeley, CO 80634 September 3, 2020 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY M1KE FREEMEN, CHAIR 1150 O ST GREELEY, CO80b31-9596 RE: CRP/Contract/Weld County Dear Landowner, The enclosed forms have been prepared due to the purchase of a farm with land under a CRP contract. The attached contract and conservation plan and other supporting documents must be signed, dated and returned to our office by Thursday, September 17th. We look forward to hearing from you soon and if you have any questions please do not hesitate to contact our office. Cordially, Is! n R'etemetaaden Jeff Rasmussen County Executive Director JR/sel Enclosed: -CRP-1 contract -Conservation Plan -Fsa-578 -APPENDIX USDA is an equal opportunity provider, employer, and lender. USDA United States -� . ! Department of Agriculture Farm Production and Conservation Farm Weld County FSA Service 4302 W 9th Street Road Agency Greeley, CO 80634 970-356-8097 Ext: 2 September 21, 2020 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY MIKE FREEMEN, CHAIR 1150 O ST GREELEY, CO80631-9596 Dear Producer: The Weld County Committee reviewed and approved the CRP contract listed below. CRP #: 2140L It is your responsibility to ensure that noxious and other weeds are timely and adequately controlled. Due to the change of regulations concerning sales/revisions of contracts please contact this office if you are planning on selling and/or changing any portion of this contract. Partial termination regulations have been incorporated and there are restrictive compliance determinations that MUST be met prior to all changes. Do not hesitate to contact this office if you have any questions concerning this matter. Cordially, Jeff Rasmussen County Executive Director JR/sel USDA is an equal opportunity provider, employer, and lender. Page 1 of1 CRP -1 (07-06-20) U.S. DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 1. ST. & CO. CODE & ADMIN. LOCATION 08 123 2. SIGN-UP NUMBER 39 3. CONTRACT NUMBER 4. ACRES FOR CONSERVATION RESERVE PROGRAM CONTRACT .214OL ENROLLMENT 126.00 5A. COUNTY FSA OFFICE ADDRESS (Include Zip Code) 6. TRACT NUMBER 7. CONTRACT PERIOD WELD 4302 GREELEY, COUNTY FARM SERVICE AGENCY WEST 9TH ST. RD. CO80634-1398 15734 FROM: (MM-DD-YYYY) 10-01-2010 TO: (MM-DD-YYYY) 09-30-2020 8. SIGNUP TYPE: 5B. COUNTY (Include FSA OFFICE PHONE NUMBER Area Code): (970) 356-E097 General THIS CONTRACT is entered into between the Commodity Credit Corporation (referred to as "CCC") and the undersigned owners, operators, or tenants (referred to as "the Participant") The Participant agrees to place the designated acreage into the Conservation Reserve Program ("CRP') or other use set by CCC for the stipulated contract period from the date the Contract is executed by the CCC. The Participant also agrees to implement on such designated acreage the Conservation Plan developed for such acreage and approved by the CCC and the Participant. Additionally, the Participant and CCC agree to comply with the terms and conditions contained in this Contract, including the Appendix to this Contract, entitled Appendix to CRP -1, Conservation Reserve Program Contract (referred to as "Appendix'). By signing below, the Participant acknowledges receipt of a copy of the Appendix/Appendices for the applicable contract period. The terms and conditions of this contract are contained in this Form CRP -1 and in the CRP -1 Appendix and any addendum thereto. BY SIGNING THIS CONTRACT PARTICIPANTS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS: CRP -1; CRP -1 Appendix and any addendum thereto; and, CRP -2, CRP -2C, CRP -2G, or CRP -2C30, as applicable. 9A. Rental Rate Per Acre $ 42 . 9-__ 10. Identification of CRP Land (See Page 2 for additional space) 9B. Annual Contract Payment $ 5 , 4 07 . CO A. Tract No. B. Field No. C. Practice No. D. Acres E. Total Estimated Cost -Share 9C. First Year Payment $ 15734 6 CP2 126.00 $ 12,549.0 (Item 9C is applicable only when the first year payment is prorated.) 11. PARTICIPANTS (if more than three individuals are signing, see Page 3.) A(1) PARTICIPANT'S ADDRESS OF NAME AND (Include Zip Code) .r 'sst�Eof W'T.D COMITY (2) SHARE (3) SIGNATURE (By) - (4) TITLE/RELATIONSHIP INDIVIDUAL SIGNING OF THE iN THE (5) DATE (MM-OD-YYYHOARD Y) MOCOUNTY KB FREEMEN, EE C S7100.00 CHAIR GREEL?Y,06:.63:-955 % ` - REPRESENTATIVE BOCC Chair CAPACITY 09/ 17/2020 B(1) PARTICIPANT'S NAME AND ADDRESS (Include Zip Code) (2) SHARE (3) SIGNATURE (By) (4) TITLE/RELATIONSHIP OF THE INDIVIDUAL SIGNING iN THE REPRESENTATIVE CAPACITY (5) DATE (MM-DD-YYYY) CO) PARTICIPANTS ADDRESS NAME AND (Include Zip Code) (2) SHARE (3) SIGNATURE (By) (4) TITLE/RELATIONSHIP INDIVIDUAL REPRESENTATIVE OF THE SIGNING IN THE CAPACITY (5) DATE (MM-DD-YYY)9 12. CCC USE ONLY A. SIGNATURE OF CCC REPRESENTATIVE B. DATE (MM -DD -YYYY) NOTE: The following statement is made In accordance with the Privacy Act of 1974 (5 USC 552a - as amended). The authority for requesting the information is the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), the Agricultural Act of 3831 et seq), the Agricultural Imrrovement Act of 2018 (Pub. L. 115-334) and 7 CFR Part 1410. The information will be used to determine eligibility to receive benefits under the Conservation Reserve Program. The information collected on this form may be disclosed to other Federal, State, Local government Tribal agencies, and nongovernmental entities that have been authorized access to the information by statute or regulation and/or as described in applicable identified in the System of Records Notice for USDA/FSA-2, Farm Records File (Automated). Providing the requested information is voluntary. However, the requested information will resJlt in a determination of ineligibility to participate in and receive benefits under the Conservation Reserve Program. Paperwork Reduction Act (PRA) Statement: The information collection is exempted from PRA as specified in 16 U. S C. 3846(b)(1). The provisions of and civil fraud, crivat,, and other statutes may be applicable to the information provided. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA identified on this form 2014 (16 U.S.C. participate in and agencies, Routine Uses failure to furnish appropriate criminal OFFICE. In accordance ►n ien Federal cavil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies. offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program. political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident Persons with disabilities who require alternative means of communication for program information (e. g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint. complete the USDA Program Discrimination Complaint Form. AD -3027, found online at ittel/www.ascrusda.gov/coaVeint filing costhtml and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the farm. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410: (2) fax: (202) 690-7442: or (3) email • ,orograrn. intake(e usda. gov USDA is an equal opportunity provider, employer, and lender. Date Printed: 09/02/2020 This form is available electronically CRP -1 (Appendix) (05-01-03) See CRP -1 for Privacy Act and Public Burden Statements U S DEPARTMENT OF AGRICULTURE Commodity Credit Corporation APPENDIX TO FORM CRP -1, CONSERVATION RESERVE PROGRAM CONTRACT NOTE The authority for collecting the following information is Pub L 107-171 This authority allows for the collection of information without poor OMB approval mandated by the Paperwork Reduction Act of 1995 The time required to complete this information collection is estimated to average 3 minutes per response including the time for reviewing instructions searching existing data sources gathenng and maintaining the data needed and completing and reviewing the collection of information 1 DEFINITIONS The following definitions are applicable to the Conservation Reserve Program (CRP) Contract A CRP contract or CRP -1 means the program documents including form CRP -1, the applicable contract appendix, conservation plan and the terms of any required easement, if applicable, entered into between CCC and the participant Such contract shall set forth the terms and conditions for participation in the CRP and receipt of CRP payments B Current agricultural market value for offer evaluation purposes means the amount in dollars per acre as determined by CCC to be the adjusted price at which the land placed in the CRP could be rented based on the average cash rental rate, or equivalent, per acre, and which is paid for dryland cropland at the time at which this contract is signed by the participant C Vegetative cover means perennial or permanent grasses, legumes, forbs, and shrubs with a life span of 10 years or more, or trees D All other words and phrases, unless the context of subject matter otherwise requires, shall have the meanings assigned to them in the regulations governing the Conservation Reserve Program which are found at 7 CFR Part 1410 2 ELIGIBILITY REQUIREMENTS FOR CONSERVATION RESERVE PROGRAM A By signing the CRP contract, the participant, except in the case of persons qualifying solely as a tenant, certifies that such participant will control the land subject to the contract for the contract period and, if applicable, any easement period and shall, upon demand, provide evidence to CCC demonstrating that such participant will control the land for that period B Land otherwise eligible for the CRP shall not be eligible, except as agreed otherwise, in writing, by CCC, if the land is subject to a deed or other restriction prohibiting the production of agricultural commodities or where a benefit has or will be obtained from a Federal agency in return for the participant's agreement not to produce such commodities on the land during the same time as the land would be enrolled in the CRP By offering land for enrollment, the participant certifies as a condition for payment that no such restrictions apply to such land 3 RESTRICTIONS ON PAYMENTS TO FOREIGN PERSONS A Any person who enters into this CRP contract or participates in such contract at any time who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U S C 1101 et seq ) shall be ineligible to receive annual rental payments under this contract unless such person meets the requirements of 7 CFR Part 1400 which shall be applicable to this contract B Persons succeeding to a CRP contract subject to a reduction in payment under this paragraph 3 for any preceding party shall not be eligible for payments during the contract period greater than those that could have been received by such preceding party CRP -1 (Appendix) (05-01-03) Page 2 of 7 4. AGREEMENT A The participant agrees (1) That the applicable CRP -2 and CRP -1 and its addenda shall be considered an offer to enter into the Conservation Reserve Program on the terms specified on Form CRP -1 and its addenda The offer, until revoked, may be accepted by CCC provided further, that liquidated damages may apply in the case of a revocation as specified elsewhere in this Appendix, (2) To place eligible land into the CRP for a period of 10 years, or as agreed to by CCC for a longer period not to exceed 15 years, from the effective date of the CRP contract executed by CCC, (3) To comply with the terms and conditions of the Conservation Plan, (4) To establish, maintain, and replace, as specified in the CRP contract, the practices agreed to in the Conservation Plan, (5) Not to harvest or sell, nor otherwise make commercial use of, trees or forage or other cover on the CRP land including the shearing or shaping of trees for future use as Christmas trees (the participants may conduct pruning, thinning, stand improvement, or other activities consistent with customary forestry practices on land that is planted to trees), provided further, however, that CCC may, in its discretion and only in writing or by publication intended for a general allowance for CRP lands in particular States or regions, permit, in certain emergencies, certain commercial uses, as specified by CCC, which may be conditioned on a reduction in CRP payments otherwise payable under this contract, Not to undertake any action on land under the participant's control which tends to defeat the purposes of this contract, as determined by CCC, 1 To annually certify crop and land use for the farm with the CCC on the appropriate form, accurately listing all land enrolled in CRP on the farm, not later than the final reporting date determined and announced by the Farm Service Agency, or successor agency, To control on land subject to a CRP contract all weeds, insects, pests and other undesirable species to the extent necessary to ensure that the establishment and maintenance of the approved cover is adequately protected and to provide such mamtenance as necessary to avoid an adverse impact on surrounding land, taking into consideration water quality, wildlife and other factors, Not to disturb the acreage under contract during the primary nesting and brood rearing season for wildlife, except as approved by CCC, (10) To annually file required forms as requested by CCC for payment limitation determinations, (11) To file applicable forms required by CCC for Adjusted Gross Income (AGI) determinations, (12) That it is understood any payment or portion thereof due any participant will be made by CCC without regard to any question of title under State law, and without regard to any claim or lien which may be asserted by a creditor, except agencies of the U S Government Offsets for debts owed to agencies of the U S Government shall be made prior to making any payments to participants or their assignees (13) To perform certain periodic management activities described in the conservation plan to maintain the approved cover such as light discing, burning, etc (3) CRP -1 (Appendix) (05-01-03) Page 3 of 7 B CCC agrees, subject to the availability of funds (1) To share the cost with owners and operators of establishing an eligible practice, or an identified unit thereof, agreed to in the Conservation Plan as described herein, except that, in no case may the share of CCC exceed an amount equal to 50 percent of the price at which the land placed in the CRP could be sold for use as farmland at the time at which this contract is signed by the participant, unless the CCC otherwise approves such amount, provided further, that such approval must specifically reference the particular land placed in the CRP under this contract, (2) To pay the agreed -upon annual rental payment, including any incentive payment, based upon the shares to which the parties have agreed as set forth on Form CRP -1 for a period of years not in excess of the contract period, (3) To pay to the participant, to the extent required by CCC regulations, an interest penalty on cost- share payments, incentive payments, and all annual rental payments not made by the date, as determined by CCC, that the payment is due, (4) To make annual rental payments after October 1 of each year of the contract period 5 CONSERVATION PLAN A Subject to the approval of CCC, the Conservation Plan will include some or all of the following information and requirements (1) The vegetative or water cover to be established on the CRP land, (2) A tree planting plan, developed in cooperation with the Forest Service, if trees are to be established as the vegetative cover on the CRP land, A schedule of completion dates for establishment of the cover on the CRP land, (4) The level of environmental benefits which must be attained on the CRP land, (5) Any other practices required for the establishment or maintenance of the cover on the CRP land including weed, insect, pest, and other controls of undesirable species, and such maintenance as necessary to avoid an adverse impact on surrounding land as determined appropriate by CCC, taking into consideration the needs of water quality, wildlife concerns, and other factors (6) The acreage will not be disturbed during the primary nesting season for wildlife as determined by CCC (7) Management activities authorized by paragraph 6 B By signing the Conservation Plan, the participant agrees to implement the practices specified in such Conservation Plan on the CRP land even if such practices differ from those listed on Form CRP -1 6 MANAGEMENT ACTIVITIES Subject to the approval of CCC, the Conservation Plan may include managed grazing or harvesting of the cover on the CRP land, including biomass, as necessary to avoid an adverse impact on surrounding land, as determined appropriate by CCC, taking Into (consideration the needs of the vegetative cover, wildlife concerns, and other factors Managed grazing or harvesting may be conditioned on a reduction in CRP payments otherwise payable under this contract, as determined by CCC CRP -1 (Appendix) (05-01-03) Page 4 of 7 7 COST -SHARE PAYMENTS A Subject to the availability of funds, cost -share payments shall be made available upon a determination by CCC that an eligible practice, or an identifiable unit thereof, has been established in compliance with the conservation plan and with appropriate standards and specifications B CCC will not make cost -share payments in excess of 50 percent of the actual or average cost of establishing the eligible practice specified in the Conservation Plan as determined by CCC It is understood that all cost -shares from all sources must be reported to CCC and that a reduction in the CCC cost -share may be made if there are other cost -shares received Such reductions will be made to the extent required or allowed by the program regulations C Except as otherwise provided for in program regulations, cost -share assistance may be made available under the CRP only for the establishment or installation of an eligible practice In order to receive cost -share assistance, the participant, upon completion of the practice, must file Form AD -245 or similar form approved by CCC, for approval by CCC 8 PROVISIONS RELATING TO TENANTS AND LANDLORDS A Payments shall not be paid under this CRP contract if CCC determines that (1) The landlord or operator has (a) when the acreage offered is not enrolled in the CRP at the time of signup (i) not provided tenants who have an interest in the acreage being offered at the time of signup an opportunity to participate in the benefits of the program, (u) reduced the number of tenants on the farm as a result of or in anticipation of enrollment in the CRP (b) when the acreage offered is enrolled in the CRP at the time of signup, not provided tenants with an interest in the CRP contract acreage an opportunity to participate in the benefits of the program if (i) the tenants are otherwise involved in farming other acreage, as determined by CCC, on the farm at the time of signup, or (n) the tenants have an interest in the acreage being offered on the effective date of the new CRP -1 (2) The landlord or operator has deprived any tenant of any benefits to which such tenant would otherwise be entitled (3) If any such conditions as identified in (1) and (2) occur or are discovered after payments have been made, all or any part of the payments, as determined by CCC, must be refunded with interest and no further payments shall be made B After this CRP contract is approved, the operator or tenant may, with the approval of CCC, be replaced for purposes of the CRP contract and for payments to be made under the contract if such tenant or operator, as determined by CCC (1) terminates their tenancy voluntarily or for some reason other than being forced to terminate their tenancy by the landowner or operator in anticipation as, or because of, participation in the program, (2) fails to maintain tenancy, as determined by CCC, throughout the CRP contract period, (3) files for bankruptcy and the trustee or debtor in possession fails to affirm this CRP contract, (4) dies during the term of this CRP contract and the administrator of the operator or tenant's estate (or a similar person with authority to administer the affairs of the operator or tenant) falls to succeed to this contract within the time required by CCC, or (5) was removed for cause, as determined by CCC I CRP -1 (Appendix) (05-0-03) Page 5 of 7 I C The removal of an operator or tenant from the agreement shall not release the operator or tenant from liabilities for actions arising before such removal I 9 ERRONEOUS REPRESENTATION AND SCHEME AND DEVICE 'A A participant who is determined to have erroneously represented any fact affecting a determination with respect to this CRP contract and the regulations applicable to this CRP contract, adopted any scheme or device which tends to defeat the purposes of this CRP contract, or made any fraudulent representation with respect to this contract will not be entitled to payments or any other benefits made in accordance with this CRP contract and the participant must refund to CCC all payments received by such participant, plus interest and liquidated damages thereon, with respect to the CRP contract Such liquidated damages will be determined in accordance with paragraph 10 of this Appendix B Unless CCC regulations provide otherwise, refunds determined to be due and owing to CCC in accordance with this CRP contract will bear interest at the rate which CCC was required to pay for its borrowings from the United States Treasury on the date of the disbursement by CCC of the monies to be refunded Interest will accrue from the date of such disbursement by CCC C The remedies provided under paragraph 9A of this Appendix shall be applicable in addition to any remedies under criminal and civil fraud statutes, including 18 U S C 268, 287, 371, 641, 1001, 15 U S C 714m, and 31 U S C 3729, or any other remedy available under law 10 LIQUIDATED DAMAGES 11 It is mutually agreed that in the event the CRP contract is breached by the participant, the CCC will suffer substantial damages which may not be possible to quantify with certainty Therefore, in addition to the refund of payments received plus interest due, for breach of contract prescribed in this contract, the participant agrees to pay an amount equal to the product obtained by multiplying (1) 25 percent of the rental payment rate per acre on Form CRP -1 by, (2) the number of acres that are the subject of the CRP contract Such amount shall be due as liquidated damages in addition to such other damages or amounts as may be due, and not as a penalty NOTIFICATION OF CHANGES TO TERMS AND CONDITIONS OF THE CONTRACT CCC agrees that, if any changes of any terms and conditions of this CRP contract, including changes necessary to reconcile the practices listed on the CRP -1 to those specified in the conservation plan, become necessary prior to the date that this contract is approved on behalf of CCC, CCC will notify the persons signing the CRP -1 of such change and such person will be given 10 days from the date of notification in which to agree to the revised terms and conditions or to withdraw from the offer The participant agrees to notify the CCC of an intention to withdraw from the offer within 10 days from the date of the issuance of such notice and further agrees that failure to notify the CCC will constitute agreement to the revised terms and conditions 12 CORRECTIONS CCC reserves the right to correct all errors arising from entering data or computations in the contract 13 TERMINATION OF CONTRACT, JOINT LIABILITY If a participant fails to carry out the terms and conditions of this CRP contract but CCC determines that such failure does not warrant termination of this CRP contract, CCC may require such participant to refund, with interest, payments received under this CRP contract, or require the participant to accept such adjustments in the subsequent payment as are determined to be appropriate by CCC Participants that sign the CRP -1 with zero percent interest in the annual rental payment shall not be held responsible for contract compliance CRP -1 (Appendix) (05-01-03) Page 6 of 7 14 CONTRACT MODIFICATIONS A CCC may modify this contract to add, or substitute certain practices when (1) The installed practice failed to adequately control erosion through no fault of the participants, (2) The installed measure has deteriorated because of conditions beyond the control of the participants, or (3) Another practice will achieve at least the same level of environmental benefits B Concurrence of NRCS and the conservation district may be obtained by CCC when modifications to this contract involve a technical aspect of a participant's Conservation Plan 15 EFFECTIVE DATE AND CHANGES TO CONTRACT A The CRP contract is effective when, as determined by CCC, it has been signed by the participants and an authorized representative of CCC Except as otherwise determined by CCC, as permitted by regulations or other law, the CRP contract may not be revoked or revised unless by mutual agreement between the parties If, after the effective date of this contract, CCC determines that the offered acreage was erroneously enrolled or otherwise ineligible for enrollment, CCC may terminate the contract Such termination shall not effect payments already made to the participants as of the time of termination Within the dates established by CCC, the CRP contract must be signed by all required participants B In the event that a statute is enacted during the period of this CRP contract which would materially change the terms and conditions of this CRP contract, the CCC may require the participants to elect between acceptance of modifications in this CRP contract consistent with the provisions of such statute or termination of this CRP contract 16 TRANSFER OF LAND A If a new owner or operator purchases or obtains the right and interest in, or right to occupancy of, the land subject to this contract such new owner or operator, upon the approval of CCC, may become a participant to a new CRP contract under the same terms and conditions with CCC covering such transferred land, B With respect to the transferred land, if the new owner or operator becomes a successor to the existing CRP contract, the new owner or operator shall assume all obligations under such contract of the previous participant, C If the new owner or operator becomes a successor to a CRP contract with CCC (1) Cost -share payments shall be made to the participant who established the practice, and (2) Annual rental payments to be paid during the fiscal year when the land was transferred shall be divided in an equitable manner, as determined by CCC CRP -1 (Appendix) (05-01-03) Page 7 of 7 D. A new owner or operator will not be eligible to succeed to the CRP contract or receive payments under the contract if a previous participant in the contract maintains or acquires any interest of any kind in the property including, but not limited to, present, future, or conditional interests, or reversionary interests, or any option with respect to the property. In addition, unless otherwise approved in writing by CCC for the particular contract, a new owner or operator will not be eligible to succeed to the CRP contract, if a lender has or will obtain an option to purchase the property, any other right of occupancy, or share in the equity in the property which is not conditional on a foreclosure or other remedy for nonpayment of debt or on a voluntary transfer by the person seeking to succeed to the CRP contract. E. The participant certifies that no person has, or will, obtain an interest in the property that would render the new owner or operator to be ineligible to succeed to the CRP contract under the provisions of this paragraph. The existence or acquisition of such an interest by another person shall be considered a breach of the contract for which the CCC may terminate the contract and enforce the remedies provided in this Appendix. F. If a participant transfers all or part of the right and interest in, or right to occupancy of, the CRP land and the new owner or operator does not become a successor to such contract within 60 days, or such other time as determined appropriate by CCC, of such transfer, such contract will be terminated with respect to the affected portion of such land and the original participant must: (1) Forfeit all rights to any future payments with respect to such acreage; (2) Refund all or part of the payments made with respect to such contract plus interest thereon, as determined by CCC; and (3) Pay liquidated damages to CCC as specified in paragraph 10 of this Appendix. 17. REGULATIONS TO PREVAIL The regulations in 7 CFR Pan 1410 for the CRP are incorporated herein. In the event of a conflict between these regulations and the terms of this Appendix, the provisions of the regulations will prevail. Received: Mike Freeman, Chair, Board of Weld County Commissioners O9/17/2O2O The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720- 6382 (TDD). USDA is an equal opportunity provider and employer. PAGE 1 OF 3 tU.S..DEPARTMENT OF AGRICULTURE NATURAL EES0UR.C.ES"G0NSERVATIPN SERVICE PARTICIPANT Weld County Board of County Commissioners Contract leer i. CONSERVATION PLAN OR SCHEDULE OF OPERATIONS CP2 COUNTY AND STATE WELD, COLORADO LAND UNITS OR LEGAL DESCRIPTION Tract: 15734 Co op (34d) PROGRAM AND CONTRACT NUMBER 2140L WATERSHED ACRES 126 NRCS-CPA-1155 FUND CODE CRP 39 EXPIRATION DATE 9/30/2020 Establish a temporary cover of milo, millet, sudangrass or sorghum to facilitate the establishment of permanent conservation cover when existing residue cover is insufficient. Refer to the Cover Crop (340) Statement of Work and Conservation Practice Job Sheet for specific planning requirements. If existing crop residue is sufficient and approved by NRCS, the cover will be maintained free of weeds prior to planting permanent cover. Tract: 15734 Contract Item PLANNED CONSERVATION TREATMENT Planned Amount Unit Cost Cost Share Rate/ Method Completion Schedule and Estimated Cost Share or Payment by Year 2011 $ 2012 $ 2013 $ 2014 $ 2015 $ 2016 $ 2017 $ 2018 $ 2019 $ 2020 $ 1 Cover Crop (340) $3,969 la Seedbed Prep - Chemical (S10) Seedbed 126.0 ac $6.50/Ac FR 819 0 0 0 0 0 0 0 0 0 lb 1c Prep - Mechanical (S10D) Seedbed 126.0 ac $4.50/Ac FR 567 0 0 0 0 0 0 0 0 0 1d Prep - Mechanical (S10D) Seedbed Prep 126.0 ac $4.50/Ac FR 567 0 0 0 0 0 0 0 0 0 - Mechanical (S10D) Seedbed 126.0 ac $4.50/Ac FR 567 0 0 0 0 0 0 0 0 0 le Prep - Mechanical (S10D) Seed 126.0 ac $4.50/Ac FR 567 0 0 0 0 0 0 0 0 0 1f & Seeding - Cover crop (S05) 126.0 ac $7.00/Ac 50% AM 882 0 0 0 0 0 0 0 0 0 C 2 ervetion Cover(827). Establish permanent vegetative cover on land retired from agricultural production. Seed mixes will be selected from the applicable CRP Seeding Matrix and will meet CRP policy for the identified CP practice. Refer to CO-ECS-5 for species mix guidelines. Tract: 15734 Contract Item PLANNED CONSERVATION TREATMENT Planned Amount Unit Cost Cost Share Rate/ Method Completion Schedule and Estimated Cost Share or Payment by Year 2011 $ 2012 $ 2013 $ 2014 $ 2015 $ 2016 $ 2017 $ 2018 $ 2019 $ 2020 $ 2 2a 2b Conservation Cover (327) Seedbed Prep - Chemical (S10) Seed & Seeding (S03) 126.0 ac 126.0 ac $6.50/Ac $45.50/Ac $6,552 FR 50% AM 0 0 819 5,733 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cpntralct Item a ferbaceotts e ontroi 1315) Manage infestations of weeds that may adversely impact desired vegetation. All methods of pest management must comply with federal, state and local regulations. Refer to Herbaceous Weed Control (315) Standard and Specification for specific planning requirements. Cost share available for 12 months after grass planting. Tract: 15734 Contract Item PLANNED CONSERVATION TREATMENT Planned Amount Unit Cost Cost Share Rate/ Method Completion Schedule and Estimated Cost Share or Payment by Year 2011 $ 2012 $ 2013 $ 2014 $ 2015 $ 2016 $ 2017 $ 2018 $ 2019 $ 2020 $ 3 3a 3b Herbaceous Weed Control (315) Weed Control - Cover Crop - Prior to grass planting (W01A) Weed Control - Mechancial or Chemical - After grass planting (W02) 126.0 ac 126.0 ac $4.50/Ac $5.00/Ac $1,197 FR FR 0 0 567 630 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Weld Coun SERVATfi jATi`G)N) E(C 4,a' % PARTICIPANT COUNTY AND STATE Board of County Commissioners WELD, COLORADO LAND UNITS OR LEGAL DESCRIPTION Tract: 15734 4. DU PROGRAM AND CONTRACT NUMBER 2140L WATERSHED ACRES 126 FUND CODE CRP 39 EXPIRATION DATE 9/30/2018 All haying and livestock grazing will be excluded from the designated area for the life of the CRP contract, unless authorized by the FSA County Committee for Emergency or Managed Grazing or Managed Haying. Refer to Access Control (472) Job Sheet for more specifications. Tract: 15734 Contract Item PLANNED CONSERVATION TREATMENT 4 Access Control (472) t�! Planned Amount 126.0 ac 126.0 ac Unit Cost NC Cost Share Rate/ Method $0 NC 2011 $ 126.0 ac :;' A , .` . » >;; Upload lNiltlHteiNa) ita Management (645) =. Completion Schedule and Estimated Cost Share or Payment by Year 2012 2013 2014 2015 2016 2017 2018 $ $ $ $ $ $ $ 126.0 ac 126.0 ac 126.0 ac 126.0 ac 126.0 ac 126.0 ac 2019 $ 126.0 ac 0.0 ac 2020 $ Land enrolled in CRP will be managed to maintain or improve desired habitat values for grassland birds and other identified wildlife species. No maintenance practices shall be applied after vegetation establishment during the nesting period of March 15th — July 15th. Refer to Upland Wildlife Habitat Management (646) Standard and job sheet for additional guidelines on wildlife habitat quality criteria and assessment. Tract: 15734 PLANNED CONSERVATION TREATMENT Upland Wildlife Habitat Management (645) Planned Amount 126.0 ac 126.0 ac Unit Cost NC Cost Share Rate/ Method $0 NC 2011 126.0 ac Completion Schedule and Estimated Cost Share or Payment by Year 2012 2013 2014 2015 2016 $ $ $ 126.0 ac c1YSuccessional Habitat Developrnent/Manaernent (647):1 126.0 ac 126.0 ac 126.0 ac 2017 $ 126.0 ac 126.0 ac 2018 126.0 ac 2019 0.0 ac 2020 0.0 ac All CRP contracts in sign-up 26 and later are required to perform a min'mum of one mid -contract management activity during years 4-6 of the contract to ensure plant diversity and wildlife benefits. Mid -contract management activities include: disking, interseeding, prescribed burning, managed grazing and managed haying. Refer to Early Successional Wildlife Habitat Management (647) Mid -Contract Management Job sheet or Worksheet for practice planning documentation. Tract: 15734 Contract Item PLANNED CONSERVATION TREATMENT 6 6a 6b 6c 6d 6e Early Successional Habitat Development Mid -contract Management - Routine Grazing Mid -contract Management - Managed Harvesting Mid -contract Management - Interseeding (507) Mid -contract Management - Prescribed Burning (M01) Mid -contract Management - Light Tillage (M02) Planned Amount 126.0 ac 126.0 ac 126.0 ac 126.0 ac 126,0 ac 126.0 ac Unit Cost Cost Share Rate/ Method $10,080 NC NC 0% AM NC NC $45.50/Ac $30.00/Ac $4.50/Ac Completion Schedule and Estimated Cost 012 2013 2014 2015 $ $ $ $ 0 126.0 ac 0 126.0 ac 0 5,733 0 3,780 2016 Sha or Pa ment b Year 2018 0.0 ac 2020 $ PAGE 2 OF 3 O N AN STATE Weld Count Board of Coun Commissioners WELD, COLORADO LAND -ti JT IR L DES RIP 1eN Tract: 15734 P' OGRAM AND C I N' • • CT NUMBER 2140L WA ERSI-tED N r CODE CRP 39 EXPIRATION AT 9/30/2018 ii �ftas s "k - t .# 4* •sip " 6 Year 20 f 1: as ti' 20'i 9 2r a < 4" . v e i t 619w. 19w . •'_ .. Amount($) 3,989 7749 0 r 10,080 0 0 0 0 0 21, :. NOTES: A. All items numbers on form NRCS,-CPA-1155 must be carried out as part of this contract to prevent violation. B, When established, the conservation practices identified by the numbered items must be maintained by the participant at no cost to the government. C. All cost share rates are based on average cost (AC) with the following exceptions: AA = Actual costs not to exceed average cost FR = Flat rate. PR = Payment rate. NC = Non cost -shared. AM = Actual cost not to exceed the specified maximum, D. By signing, the participant acknowledges receipt of his conservation plan including this form NRCS-CPA-1155 and agrees to comply with the terms and conditions here of, �J i+ 6Rl li.yLak .acJ.idw � cd s". * Cyw 2, yiiii,, h Y `Y a .. a a %#.k' 'lutgn,S1i k ' x'u dl 6'�y h '„z:a� a `_ TAtune Weld County Bo iy'Zommrs oars Signature Chair is Da a' 09 /17/2020 Signature 0 "i; ., ,9+ .WL.In c°h ,,G4 L.q ta•.,' rate 6Fud' 0 Date Signature 0 Date CS . �,ti: roving cal Signature Date 9/iii/X.' Approved by Conservation L. stncr Representabv3 Signature re Dale V PUBLIC BURDEN STATEMENT According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person Is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collections is 0578-0013. The time required to complete this information collection is estimated to average 45/0.75.minutes per response, Including the time for reviewing instructions, searching existing data sources, gathering end maintaining the data needed, and completing and reviewing the collection Information. PRIVACY ACT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S,C 522a), .Furnishing this Information is voluntary; however failure to furnish correct, complete Information will result In the withholding or withdrawal of such technical or financial assistance, The Information maybe furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other state or federal law enforcement agencies, or in response to orders of a court, magigtrate, or administrative tribunal. USDA NON-DISCRIMINATION STATEMENT "The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, family status, parental status, religion, sexual orientation, genetic Information, political beliefs, reprisal, or because ail or a partof an individual's Income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720.2800 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington. DC 20250-9410 or call (800) 795.3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer? PACE 3 OF 3 Weld, Colorado FSA - 578 (09-13-16) Farm Number: 14642 Operator Name and Address BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1150O ST GREELEY, CO 80631-9596 REPORT OF COMMODITIES FARM AND TRACT DETAIL LISTING PROGRAM YEAR 2020 DATE 09/08/2020 PAGE 1 Original SL Revision SL Cropland 126 78 Farmland 126 78 Tract CLU/ Crop/ Var/ Int Act Irr Org Nat C/C Rpt Rpt Det Crop Field Official/ Planting Planting End Number Field Commodity Type Use Use Pr Stat Sod Stat Unit Qty Qty Land ID Measured Date Period Date 15863 1 CRP 002 N C N I A 39 38 Yes N - 01 - Producer BOARD OF COUNTY COMMISSIONERS Share 100 00 FSA Physical Location Weld, Colorado OF WELD COUNTY 3 CRP 002 N C N I A 87 40 Yes Producer BOARD OF COUNTY COMMISSIONERS Share 100 00 FSA Physical Location Weld, Colorado OF WELD COUNTY Tract 15863 Summary NAP Unit 7887 Signature Date N 01 NAP Unit 7887 Signature Date 2023 PP Cr/Co Var/Type Int Use Irr Pr Rpt Unit Rpt Qty PP Cr/Co Var/Type Int Use Irr Pr Rpt Unit Rpt Qty PP Cr/Co Var/Type Int Use Irr Pr Rpt Unit Rpt Qty - 01 CRP 002 N A 126 78 Photo Number/Legal Description PT E2 11-10-67 Cropland 126 78 Reported on Cropland 126 78 Difference 0 00 Reported on Non -Cropland 0 00 Weld, Colorado FSA - 578 (09-13-16) Farm Number: 14451 Operator Name and Address BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1150O ST GREELEY, CO 80631-9596 REPORT OF COMMODITIES FARM SUMMARY PROGRAM YEAR: 2020 DATE: 09/02/2020 PAGE: 2 Original: SL Revision: Cropland: 126.00 Farmland: 136.30 NOTE: The following statement is made in accordance with the Privacy Act of 1974 (5 USC 552a -- as amended). The authority for requesting the information identified on this form is 7 CFR Part 718, the Farm security and Rural Investment Act of 2002 (Pub L. 107-171), and the Agricultural Act of 2014 (Pub. L. 113-79). The information will be used to collect producer certification of the report of acreage of crops/commodities and land use data which is needed in order to determine producer eligibility to participate in and receive benefits under FSA programs. The information collected on the form may be disclosed to other Federal, State, Local government agencies, Tribal agencies, and nongovernmental entities that have been authorized access to the information by statute or regulation and/or as described in applicable Routine Uses identified in the System of Records Notice for USDA/FSA-2, Farm Records File (Automated) and USDA/FSA-14, Applicant/Borrower. Providing the requested information is voluntary. However, f tilt.ire to furnish the requested information may result in a denial of the producer's request to participate in and receive henefite s inner FA re rgm r 0 According to rhP Pnr?rvnr>r Rodurtion Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0560-0175. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of criminal and civil fraud, privacy, and other statutes may be applicable to the information provided. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFICE. BOARD OF COUNTY COMMISSIONERS Crop/ Variety! Share Commodity Type CRP 002 100.00 Crop/ Variety/ Share Commodity Type Planting Crop/ Variety/ Intended Irrigation Reporting Reported Determined Period Commodity 'type Use Practice Unit Quantity Quantity 01 CRP 002 N A 126.00 Crop! Variety/ Share Commodity Type Crop/ Variety/ Share Commodity Type Planting Crop/ Variety/ Intended Irrigation Reporting Reported Determined Period Commodity Type Use Practice Unit Quantity Quantity CERTIFICATION: I certify to the best of my knowledge and belief that the acreage of crops/commodities and land uses listed herein are true and correct and that all required crops/commodities and land uses have been reported for the farm as applicable. Absent any different or contrary prior subsequent certification filed by any producer for any crop for which NAP coverage has been purchased, I certify that the applicable crop, type, practice, and intended use is not planted if it is not included on the Report of Commodities for this crop year. The signing of this form gives FSA representatives authorization to enter and inspect crops/commodities and land uses on the above identified land. A signature date ithe date the : roducer signs the FSA-578) will also be captured. Operator's Signaturty_(By) Mike Freeman, BOCC Chair Date O9/17/2O2O In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA. its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin. religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all } rams ro . p g Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD -3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDAisanequalopportunityprovider, employer, and lender. USDA United States Department of Agriculture /-/ Weld County, Colorado s,2 wGgco All producer shares 100% unless otherwise indicated Common Land Unit CRP Non -Cropland )Tract Boundary Cropland RPLSS Wetland Determination Identifiers • Restricted Use V Limited Restrictions Exempt from Conservation • Compliance Provisions Tract Cropland Total: 126.00 acres Feet 2020 Program Year Map Created April 01, 2020 F&m 1445i Tract 15734 United States Department of Agriculture (USDA) Farm Service Agency (FSA) maps are for FSA Program administration only. This map does not represent a legal survey or reflect actual ownership, rather it depicts the information provided directly from the producer and/or National Agricultural Imagery Program (NAIP) imagery. The producer accepts the data 'as is' and assumes all risks associated with its use. USDA-FSA assumes no responsibility for actual or consequential damage incurred as a result of any .user's reliance on this data outside FSA Programs. Wetland identifiers do not represent the size, shape, or specific determination of the area. Refer to your original determination (CPA -026 and attached maps) for exact boundaries and determinations or contact USDA Natural Resources Conservation Service (NRCS). Hello