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Home My WebLink About20200180.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR19-0058 - ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY Exhibit Submitted B A. Planning Commission Description Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 11/19/2019) C. Planning Services Greeley Irrigation Email of support with mention of discharge agreement D. Company Representative (dated 12/09/2019) Storms Lake Drainage Email of support with mention of crossing agreement E. District Representative (dated 12/10/2019) Storms Lake Drainage F. District Representative Email of concern regarding berm (dated 01/09/2020) PowerPoint Presentation G. Applicant H. Applicant I. Applicant J. Applicant Kevin Schumacher Email regarding landscaping, fence and noise (received K. Bracewell HOA President 5/5/2020) Sand and Gravel Pit Noise PowerPoint (received 03/10/20) Email confirmation of continuance to 4/22/2020 (dated 3/17/2020) Email confirmation of continuance to 5/6/2020 (dated 4/3/2020) Revocable License for Crossing (received 4/27/2020) L. M. N. O. P. Q. R. S. T. U. V. W. 2020-0180 is WELD COUNTY toe,,.t4 : 1150 ' ON• ADMIN MINISTRATION BUILDI Stroh Greeley CO n; : O 80631 r _ c 'P • •-.M-•-• sml I t'f'•=n-.•'lgripC/F}5"•idli'fvub:h. 1iI. Il cs ,J Jr.LL.rn. treas"; 411 r.r i Y? A. r.it-gb II WE! D COUNTY ArlMINIS1Rw71QN BbIL➢IFi0 /'1F11-0'surat. • r:retley,cv 11t163'1 . vnr•:•&j.r U.r It'm7 H ' >IS 1'• carli•:Itir u'i .1lraB:'rrM,.,.:; o: LZYCl.". ?'1Crfr Off :tie L r ilJete• M17a.., I;jc gl I t/ �' 11r�".!f I•� rf',gl r-;yf✓er I (ffl 1� Airet w. nun PICA s/.e li rsprvd d✓f t_' - �4yy �rx-0-fIC. taTC• :arrM'y...0" 14,0; e• -re! AlkIl ItE IHEzFL a-YP.c'.:E !At` Arpin V tamp a. r.r•c civ6rLFnt.'_r 1: -Li en ar,.a.IVAa.aelava.a*srs 'Wage 1` l.NAil.1. Y hi J Putt he9rinr'� �•• rd7nCrlri in.a !hls nrr . --. Cuts'IFy 11arye . "rrtt' will 4,1B heI,.,711t.1nreti'w e E`=l:�rtl ul tj .:r>,n,^; _31[41 *id De I1a1a M: 1150 'CI" Strnet • Greeley, ree ey, CO �.. eanllq � 3� tti�� .,Abe-Alu_.,1 Ut 1.;.11JGIltj, 2 �''nr`l'S', ��hiFjr�'1c �3 and I 1 _ :4k mil WELD CoU nn7- COUNTYADMINISTRATION BUILDING urr•�r::lun i1 U9'I) frh RLinrprt IU .V7 '�f40rtr fie• tit- ,-. BVI c r-Ir. rl ti{::it:7i . gt1=`�`4ena'Iur'aM Pypl If 1T:y FN;_,r ill'`' EI O rgt`• rr L+EFit 1,Fte �;""�-�.t..°brorinlyt,41 t v. - .7y -rte, s.�'��. fr-s.0 ✓-•• P _ i`71` { �''iti i rA rr' rF�r ,.,t.[�4▪ ' yr, r - - • -i'::• ld.. t,� G'' i'r h .rail KY. •f1 I 4;1 if • .i r r• r. a c - P'LOP.lib?n1II cc icowrinp'ry 6 rA warty *AO be 11®ard lioluti tie County ?WON Ctirntrenlon are Bowl of CrusIly C9rrm7IS t1Wfn euul 1'eartrrp w7l too reiO rat WELD COUNTY ADM1NISTRA1ION BUILDING 1150 "fl" Street • Greeley, CO 1$0.531 ettsa a et COorty Gam ;usk'Arot Nerm'i 'yen be link: on APFlcau',crzar^`�-&trt`#rle Recto /4 SI le l./' 1. f' _iT) r. ec: 2.tnel. " A .n ii :cd__l1S > CI .P PevzP.r�� FOr F 1,'RTHER IMPO(1 ATIOhi PLzASL CONTACT . ye AY f1i Wi cOl tv'Y CEPARTIAUJT CF PlA16V`MGSEA'JICESAT9r-1Tv5tf111 vu X05_ 'Fnrardawl a' Ittbn*aram 'nil 'Yes .emany n an ''cri criI ... I1irtg this. property will btu hisaTo b3tcre 'the ty Pla'n ihng Carnm ion and 8 at Uau,.,ay CQrnsrns«oners Ott+ pearingbwon on Yield at BUILDINGtattrISTRa11O14 �' Sty esti - Greeley, CO Bee 31 A� ng 'aJl 11e3 or t,� �yaT.(Sl!SStO51 �� i7 � 7l�+fY1 �'q__nil: at �-.�� Q '� ,mil be bead on Gommr(�''r yearm9 by r /L.2Sl1 at Wank_ ce- - yj_ LISt�J.(X):513 HE_Ot,rACr Holz1 FOti-A,00 'nEr tic, F© FU�i� THE_ 5b�.�.!)X nrypiannepersocg PLANICI ri1��ySti � YtOnalucen .MOH' x. y ' y. IC T ''C.O^.i�, Fpt P�ed.cUt.�..'.��, V :1''ic • r 1 • 911 ',rte' :: _ 7.1 herald �cAc s r,yy pming Ihia Qnooser Put>ti�c nr Planning commission ante Cwa"'y �uard eft County e eoit hrin4S will be held at a.3 WELD COUNTY ADMINISTRATION BUILI 11160 "O" Street - Greeley. CO 8063 Planning Comrysixn rieenng vnll oe held On: 2.1g st rZ —J2 OF qDa d of County Commissioner Hearrng will be held efie-o1etxr// 20 f el at 1(O lain., AOWicarn Ftec,,.t 0,fasigo-pa.12L0a th.f e r l„ A Th eri f' t'Rt,C1Gon c In Me 4O1;irry.m. Lac» tJunber Q- Jg a Ar.1!'r'4 ✓i Fe Acres FURTHER MFDR.MATIC,J PLEASE CCN lei NE WELD COUNTY DEPAR1 PLANNING SERVICES. AT 97045.?e6100. and 35 r Fur Acemor,a iMuimemoci, visit _ s- p ti.� 'way.," ..—,, _ Public hearings concerning this property MI be heard before the Courtly Planning Commission and Board of County Commissioners Both hearings will be held at WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, Co 80631 Planning Commission Heanng will be held on Aikvitthrh9 2011. at 1?_10cm Board of County Commissioner Hearing will be held on L1Cee inter I 1 249, at /Ucas. Applicant.. RE - oliC 90 SUC' LC J SRVst£'5 Request an caop[ri FOR FURTHER INFORMATION PLEASE CONTACT e -„_AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES. AT 970- 53-S10tt. ext 2_5_ For Addi►ional Inforrnabon artist wwn,+Vef.JeuAtntyplanning - Cs. e..; rm+..yAr.cfutru )111Ir[crArty',,rne-", rvJ LXr9' tr.ed.r'"l ly1R+' iny.Ky AV'Ia...tYIr1,P�••�•M turn ta rind1 vee wear.rlrsWmla+ttW'e. rdutr orwe-�� r-nt, sd.a'�Ft err a..ands or... a.; �i•4• i •'�� Y. -. '�ST`�"�Ma• yr. -l-Y.-- art-.-�. 4.1-1 � 3 rv.. , •,,.. �„ a - 4•.—+' •i •..7.47,..;:••••.;:-7••••.4 .•ij q { ,tr tr's y>< -r - �4 t ilk"h 11 1. ;�. Selena Baltierra From: Sent: To: Cc: Subject: Star Waring <SWaring@dietzedavis.com> Monday, December 9, 2019 6:30 PM Angela Snyder chrys@lorlegal.com; Donna Coble (ditchoffice@gicditch.com); Gabriella Stockmayer; Jared Dains <JaredDains@applegategroup.com>(JaredDains@applegategroup.com) USR19-0058 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. Angela, I represent the Greeley Irrigation District and I appeared on behalf of GIC at the Planning Commission hearing on November 16. At that time the Commissioners expressed concern with the Applicants' plan to dewater the proposed Tollgate Pit by trucking the water off -site. My client, Greeley Irrigation Company owns the adjacent Storms Lake Supply Ditch is willing to allow the use of the Storms Lake Supply Ditch for dewatering the Pit as long as a satisfactory discharge agreement can be entered into between the Applicants and the Greeley Irrigation Company. We have met with the Applicants and we believe that the parties will be able to achieve a discharge agreement. However, we have not yet been able to identify all of the terms that will be necessary. Therefore, we propose that the Weld County Commissioners at its meeting on December 11 approve the Applicants' permit subject to entering into a discharge agreement with the Greeley Irrigation Company for dewatering the Tollgate Pit. Please contact me if you have any questions. Thanks, Star Waring A S k r W«k L. ,b+ s. dip • ..Y.. �w' R Say: Star Ls Waring Dietze and Davis, I.C. 2060 Broadway, Suite 400 Boulder, CO 80302 (303) 147-1375 The information contained in this e-mail is a confidential communication and is intended only for the use of the individual addressed. This e-mail is also covered by the Electronic Communications Privacy Act. If you have received this communication in error, please notify our offices immediately at 303-447-1375, and delete this message from all media. Thank you. 1 Selena Baltierra From: Sent: To: Cc: Subject: • Lau t\.)\.c Chrys Hinze <chrys@lorlegal.com> Tuesday, December 10, 2019 11:54 AM Angela Snyder Lee Detterer; Star Waring; Jared Damns USR19-0058 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. Angela, As you know I represent the Storms Lake Drainage District, and am following up with you as of the November 19th Planning Commission Hearing. At the hearing, Storms Lake expressed its concerns about the Applicant's proposed heavy equipment use of a crossing over the District's clay drainage tile for overburden transport at the site. We have met with the Applicant and are working progressively towards finalizing a crossing agreement, which needs to be in place for the proposed transport crossing. To meet the concerns of the District , we propose that at tomorrow's hearing of this matter the Board of County Commissioners approve the Applicant's permit subject to entering into a crossing agreement with the District, prior to Applicant's use, if any, of the crossing over the tile line for heavy equipment or semi -truck traffic. Thank you, Chrys Hinze Chrysten Hinze, Esq. Lind, Ottenhoff & Root, LLP 355 Eastman Park Dr. #200 Windsor, CO 80550 Email: chrys@lorlegal.cor Tel. 970.674-9888 Fax 970.674-9535 Notice: This communication (including attachments) is covered by the Electronic Communication Privacy Act, U.S.C. Section 2510- 2521, is confidential, and contains privileged information. If you are not the intended recipient or if you believe you may have received this communication in error, you should not print, copy, retransmit, disseminate, or otherwise use this communication or any of the information contained herein. Also, you should notify the sender that you have received this communication in error and delete the copy you received. Thank you. 1 EXHIBIT Selena Baltierra From: Sent: To: Cc: Subject: Attachments: Chrys Hinze <chrys@lorlegal.com> Thursday, January 9, 2020 12:25 PM Angela Snyder leedett Tollgate Pit-USR19-0058 SYSTEM MAP 180209 FLT.pdf r;. 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. Hi Angela - I have been in contact with the applicant about this, but also wanted to let the County know that Storms Lake Drainage District's underground drainage ditch line runs along the west side of the USR parcel until it empties into the open ditch (Greeley Irrigation Company). So there is the concern that the proposed western berm, which came up late in the December proceedings in response to the Bracewell homeowners' public comments about noise, should not be constructed so as to encroach upon the District's underground ditch or maintenance area (75 feet wide +/-). For your reference, I am attaching a sketch of District's Drainage line location (approximate). Thank you, Chrys Hinze Chrysten Hinze, Esq. Lind, Ottenhoff & Root, LLP 355 Eastman Park Dr. #200 Windsor, CO 80550 Email: chrys a,Iorlegal.com Tel. 970.674-9888 Fax 970.674-9535 Notice: This communication (including attachments) is covered by the Electronic Communication Privacy Act, U.S.C. Section 2510- 2521, is confidential, and contains privileged information. If you are not the intended recipient or if you believe you may have received this communication in error, you should not print, copy, retransmit, disseminate, or otherwise use this communication or any of the information contained herein. Also, you should notify the sender that you have received this communication in error and delete the copy you received. Thank you. 1 Behrens and Associates, Inc. Environmental Noise Control Tollgate Pit Noise Impact Presentation By Antonio King — BAENC Staff Engineer Corporate Office: Hawthorne, California Carson, California Aledo, Texas -- Napa California - Longmont, Colorado McDonald. Pennsylvania Phone 800-679-8633 Fax 310-331-1538 www.environmental-noise-control.com www.drillingnoisecontrol.com 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Behrens and Associates, Inc. Environmental Noise Control Description of Sound & dB Sca e Air pressure wave, moves at speed of sound (760 mph) Similar to ripple in pond The ear responds to air pressure variations to give us sensation of sound Change in sound pressure from reference pressure described in decibels (dB) Reference pressure is 20 microPascals Behrens and Associates, Inc. Environmental Noise Control Frequency and Weighting Scales • • • • Our sensation of pitch determined by frequency of pressure wave (Hz) Audible range for humans is 20Hz to 20kHz Sound usually composed of all different frequencies Weighting networks allow noise to be represented with different emphases on certain frequencies Relative - 209 -- Response 0 811 WelghUnc. Networks FAT! -.ii 1000 Dui) 500010:000 ,. I i 00.00 - Frequency (RE) 22.1 L. 315 Octave .Band Center Frequency, Hz 125 250 500 1K 44.2 '88.4 1 '3.54 4K BK 707 7 1414 2828 56.57 11314 OctaveBand Cutli'1 Frequency, Hz SOUND PRESSURE Jet Take -Off � r �� (25 rn distance) pi 1 00 000 000 Average Sweet Traffic I 10 000 000 Rock ) ikfr Group 1 000 000 100 000 10 000 Conversationa.I Speech `. ID ID I. ibrar 1000 Bedroom I 20 SOUND PRESSURE LEVEL 140 dB 130 1 4 41 1 1 Firetr► c ers 120 Pneumatic Chipper " 110 100i 90 14 go 70 41 14 1 4 Business Office Noisy Workplace 60 50 40 4 4 Living Row 30 20 4444 4 Wood 10 I Behrens and Associates, Inc. Environmental Noise Control Sound Level Addition • Due to the logarithmic decibel scale, sound levels can not be added arithmetically • For each doubling of sound there is a 3 dBA increase Addition and Subtraction of Decibel Levels I SOURCE 2 SOURCES 4SOUR.CES a) d R tit If mail dr • Il 53_0A. $6 dBA Attire 21 SOURCES dBA I r i I I 54. IF s ' f / ail it J I les,FIsb s G ' •1/4. aAri . - % 'A I i % of I \ 1 / 4* d I �, S i I IMP Behrens and Associates, Inc. Environmental Noise Control Sound Level Perception in the Field Generally Not Perceptible Barely Perceptible eadily Perceptible Perceived Doubling of Sound 1 2 3 � 5 6 Sound Level Increase (dBA) 10 Behrens and Associates, Inc. Environmental Noise Control Weather Effects • • • • Increasing or decreasing temperature and humidity changes air absorption characteristics. Air absorption generally only takes significant effect at higher frequencies (frequencies above 2 kHz). Optimization curve for temperature and humidity due to the differing absorption characteristics between nitrogen and oxygen in the air. However, distance propagation will have the most significant effect especially for noise that we deal with at distance. Temperature inversions can increase the distance that noise travels and can be included in modeling for specific circumstances Wind in the direction of a receptor can increase noise levels for light to moderate wind levels E 3 0 2 z O 1 2 kHz 10 20 30 RELATIVE HUMIDITY (%) 5- 20 30 40 50 TEMPERATURE CO warm air cool airt. source I body of water Behrens and Associates, Inc. Environmental Noise Control Project Overview • • • • Sand and Gravel operation located near Greeley, Colorado Sediment loading and transportation activities were modeled Acoustical mitigation efforts in the form of dirt berms, fencing and acoustical modeling U.S. DOT FHWA construction equipment sound level data used for acoustical modeling FL ,h1i n9. hL..•. I%•MI..1 roc AEIFI1 1 Ytf errieu \ nu W 1 - I L I I ':11r F' -L- 1 1 we31i 31.5r'PAIL PETEICC Lk, S1VC+4 E lam~ le la r'fs LOW 12'VOat NTE al fa la S' IlEt Ile a COUNTY ROAD 27 (83RD AVE) -- -__ - r B:�CaId4t d'�t 9eittfi E •••:. .wteas.totic -. tJ ti` MONS .Jttl 1� l r 1 I 1 1 1 P'$Kt s f ♦ti el a O v MILE LW 1.� `pE I (Cahn: Y17jle 8a ET II -I 'man VI,j U' TO air %Urlin4Y4I EFTA' Cr II IaI• ua 1. . St_ 1111 Y & ',N 4U' 'LW ELI uwLa afu 4'lai. ',NAM urul• Wl.hu t mark IT:IF MATTAro OIL CC tith a 11Ue YM far IVE04; I IN LIf seer ccnlrvL) 411M LIMY tlallefi - I l r ELT CM-10E Mud Wx:kr P P Im ae4 a tr.: PITIRDOEX771.1 25 t4 IL -mmrr srttJ' 1�•!'E06: •11871 Y111 'WAG1 tarn u WARCCI.1d 3 ' \ r J 1 ~� f -.e r -e- ara..rarrar mama r a�mam. r are. . I 1l! SI Loan -1.1 CnI tan rOTC' tn cur., :.n'+ WERI-EAA E3.":PC Sala ULL OPCPAE ek!I.aaltn NICCIUSS iirete it klrtr, 1"..e rime 1144.10.4.41 %car• w.I llrrihda 2tit: outllL• Ttlnlfl zu %T.011311 :+111x. arilIEJT I In .A►.'Iw: A:nadle IPM I 4 11,31 ro.ao I.Iran I n'a a'ailio es Fln inc n -c ct r m1. r 4rpr.wc. 5CC-d1 :Galen rrnr acr,raiYT EataPr I, nlpa arm •..S v.,14 ..r.rkd. .r I. yr..aeau . .... ...asn. P&PCEL '81/2 OF Tr1E SIP/1 1u 5X1@^ 4, TO'McHI 6 Fp.Tf. Rc4cc ou Ater Y '8 Cr TPTIVL alb rant 7.4)Jlrr Ar:i ' 4[ v I:I&IrPDA .1'Mak1P.1"LT 2 Pia5.1 . • Sl .1 II Eutexto threMN2 IT't£CS.rl r{'-raxa }6 Iv IA aunty Hal lM Md •kuwy PknW C itrrnsal ha a.-and an am talk mm trend v lit kotl t {utd. torm44cIIWs. Wt Svlr'v. Cui:row iu- lwt swUm1Xr1, app -pa m4 .A.d:'.. Il... Iw +F t.abl YLJ.a ... Ilwn nn dc..l.nl •u.m Ilm d.r .. (Ilcf. Yual GYnlp Pitchy tu-marts !PIM W. ccaiNTOPFnGgl rrrr.cF PIT is ..,.laart hat lint Odra d Coney .. un'nraSMee, nI: Coins Cicn Ala tarty punk' an Y .•:1 JTF :f..:. adee nr, rv.'MMrN 4,4...4a). N a. I..n<M• 1, Y.a .C rrra . ua . ntal. Ilitk 2wnh tk1 to i+!• NW: :"Yn. 11ut u ui-mu:en ataxic -Ism u UT: Lucas rn-.rmv atnratt arc ow, Urruckrue IH;V al* et, :Paled) C: 'veto grey 8 tie win? Lid t}' E:MdI 1i*ii Inn Wen St1ICYa CI UiaXpYl '11r.. Yea IW Or SLl. . sa.aeset S:pwttl4 MEW COUNTY USE PERMIT EXTRACTIOY PLAN INAF BUCKLE] SERVICES CLIMMAIIY TOLLGATE FIT ffi a bluar:fa k I - r 11-IG TIM F6 r "a +L1'. 2 Behrens and Associates, Inc. Environmental Noise Control Noise Study Criteria & Methodo • • • • • • Legislative noise standards include CRS 25- 12-103 (1) Per Weld County BOCC, assessed feasibility of Residential noise limits Ambient sound level study conducted Modeled receptor locations are consistent with measured ambient locations Using commercial 3D sound propagation program SoundPLAN 8.0 for noise modeling Modeling includes local topography 0 gY Colorado Noise Related Statues 25-12-103 (1) — Maximum Permissible Noise Levels Zone Maximum Noise (dBA) pm i'vtaximlun Noise (dBA) 7:00 pin to next 7:00 am. 7:00 am to next 7:00 Residential 55 CIBA 50 c1BA Commercial 60 CIBA 55 CIBA Light Industrial 70 CIBA 65 c1B_ Industrial SO CIBA 75 c1BA Property Information (970) 400-3650 Technical Support (970) 400-4357 Surrounding USR Boundaries WeldCountyProperty Fnfcirmaticn i970) 400=3650 PROPERTY PORTAL Technical Support (970) 400-4357 plill M� gakt; a l.JSR_1125AM2 USR-i183 GAS LINE 74* r - v Y�l Li . Ip rack& NM' r� y1 tl1lt_0 M�Co,ryf Rd VEL MSG L E-TEA.M.I a._. a R"_1 '� 1 Behrens and Associates, Inc. Environmental Noise Control Ambient Sound Measurements Conducted from January 24 to January 29, 2020 Type 1 sound level meter used with microphone 4 feet above the ground per CRS code. Hourly sound level averages (Leq) were recorded Logarithmic averages were calculated for each time period and averaged across each day Figure 4-1 Ambient Sound Level Survey Monitoring Locations Location 1 Location 4 Location 2 Location 3 Weather Station Proposed Tollgate Pit Parcel Boundary Behrens and Associates, Inc. Environmental Noise Control Ambient Sound Leve Survey Results (dBA) Location 1 Location 2 Location 3 Location 4 Day Daytime Nighttime Daytime Nighttime Daytime Nighttime Daytime Nighttime 1 60.4 54.3 50.0 47.7 49.9 47.8 49.9 46.4 2 53.5 51.0 46.8 49.3 46.7 47.8 45.1 57.4 3 55.6 53.5 46.6 48.5 45.6 48.4 45.8 47.3 4 56.4 51.7 47.7 46.5 48.3 49.2 46.9 45.6 5 55.9 52.4 48.3 47.1 45.9 47.7 46.1 46.2 6 • 50.6 51.3 50.5 57.8 Overall 57.6 53.2 49.3 47.4 48.9 48.0 48.2 46.2 I i Behrens and Associates, Inc. Environmental Noise Control I i Ambient Sound Leve Survey Results (dBA) Location 1 Day Daytime Nighttime 1 60.4 54.3 2 53.5 57.4 3 55.6 53.5 4 56.4 51.7 5 55.9 52.4 6 57.8 Overall 57.6 53.2 Colorado Noise Related Statues 25-12-103 (1) — Maximum Permissible Noise Levels Zone Maximum Noise (dR A 7:00 pin Maximum Noise ORA) 7:00 am 7:00 am to next 7:00 pm to next Residential 55 dBA 50 dEA Commercial 60 CI B A 55 C BA Light Industrial 70 CIBA 65 CIBA I1idust1 ia1 SO dBA 75 C BA Behrens and Associates, Inc. Environmental Noise Control Noise Mode ing Scenario Sediment loading and transportation equipment operating nearest the Bracewell Community Water pump stationed adjacent to the silt drainage ponds 8 -foot privacy fence atop a10 -foot dirt berm between the Bracewell Community and Mining Boundary 8 -foot dirt berm between the Resident to the South and Mining Boundary Flat topography d1BA Compliance Assessment Locations Noise Modeling Results Receptor Location Description Noise Level (dBA) Location 1 25 ft. from Northwest Property Line of Weld County Parcel# 080529300009 55.2 Location 2 25 ft. from North Property Line of Weld County Parcel# 080529300009 54.0 Location 3 25 ft. from Northeast Property Line of Weld County Parcel# 080529300009 50.0 Location 4 25 ft. from Northeast Property Line of Weld County Parcel# 080529300009 54.5 Location 5 25 ft. from East Property Line of Weld County Parcel# 080529300009 48.7 Location 6 25 ft. from Southeast Property Line of Weld County Parcel# 080529300009 45.1 Location 7 25 ft. from South Property Line of Weld County Parcel# 080529300009 47.8 Location 8 25 ft. from South Property Line of Weld County Parcel# 080529300009 49.6 Location 9 25 ft. from Southwest Property Line of Weld County Parcel# 080529300009 48.3 Location 10 25 ft. from West Property Line of Weld County Parcel# 080529300009 (Bracewell) 55.2 Location 11 25 ft. from West Property Line of Weld County Parcel# 080529300009 (Bracewell) 54.3 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 From: To: Subject: Date: Daniel Clark Angela Snyder Re: Rescheduled Hearing Dates Tuesday, March 17, 2020 7:01:58 PM . =sonar, " crn:-; rm-r----rwrz-raY;4w trarc4'i . RJ2?">'i v II2 iSttX.,5 'a cwWtr.,r ;._._.n 4.-_• .. e� tzr4r4ES,:J r001CG.S'»::....es. ^'d. .Z" tl(Yfao r4. A'tr-,1148htN3. :+xrm • 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. April 22nd works for me and my crew. Thanks Angela!! --Daniel Clark -- On Mar 17, 2020, at 10:10 AM, Angela Snyder <asnyder@weldgov.com>wrote: Here is the suggested hearing date. Let me know if it works. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 <image001. j pg> 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 otherw se 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 orher than the named recipient is strictly prohibited. From: Kristine Ranslem <kranslem@weldgov.com> Sent: Tuesday, March 17, 2020 10:09 AM To: Diana Aungst <daungst@weldgov.com>; Kim Ogle <kogle@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Vaxwell Nader <mnader@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Michael Hall <mhall@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Michelle Wall <mwall@weldgov.com>; Wendi Inloes <winloes@weldgov.com> Subject: Rescheduled Hearing Dates Please see below for rescheduled hearing dates. Please contact your applicants at your earliest convenience and ask them to confirm these changes ASAP. Please send confirmation to me from the applicant and I will loop in the CTB gals. If the applicants cannot make these dates, please see me for alternate dates. If you have any 9 am hearings currently scheduled through 4/15, CTB will be contacting the planner individually to reschedule. Thank you for your help! 4/21 PC Hearing USR19-0075 (Kim) - 5/13 BOCC (no change to BOCC hearing) USR20-0006 (Kim) - 5/6 BOCC (no change to BOCC hearing) USR19-0072 (Diana) —5/13h BOCC (change from 3/17 PC and 4/1 BOCC) USR20-0004 (Diana) — 5/13h BOCC (change from 3/17 PC and 4/1 BOCC) USR20-0001 (Diana) — 5/6 BOCC (change from 4/7 PC and 4/22 BOCC) USR20-0005 (Kim) - 5/6 BOCC (change from 4/7 PC and 4/22 BOCC) Changes to BOCC Hearings scheduled through 4/15 3/18 BOCC USR20-0002 (Kim) - 4/29 BOCC USR19-0073 (Kim) -4/29 BOCC USR19-0074 (Kim) -4/29 BOCC 3/25 BOCC 2MJUSR19-08-1660 (Kim) -4/22 BOCC USR19-0058 (Angela) —4/22 BOCC USR20-0003 (Kim) - 4/29 BOCC 4/1 BOCC COZ19-0002 (Angela) — 4/22 BOCC f�!'i StGtA.e R.atent, Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem P weldgov. com <image002jpg> 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. Esther Gesick )m: sent: To: Subject: Angela Snyder Friday, April 3, 2020 2:23 PM Kristine Ranslem; CTB FW: PC/BOCC Hearing Dates Confirmation for May 6th for USR19-0058. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 EXHIBIT Cnnfidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise —pTotected 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: Daniel Clark <daniel.merritt.clark@gmail.com> Sent: Friday, April 3, 2020 2:18 PM To: Angela Snyder <asnyder@weldgov.com> Subject: Re: PC/BOCC Hearing Dates 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. Sounds good, we will plan on that timeline. Thanks Angela! --Daniel Clark-- oP; On Apr 3, 2020, at 12:01 PM, Angela Snyder <asnyder@weldgov.com>wrote: Hi All, Please note the new proposed hearing dates for upcoming cases. Please respond whether or not these work for you. 1 Note, we are looking into being able to offer 'public' meetings where the public may comment remotely, as you can see we are becoming very backlogged. Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 <image001.jpg> 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 coitain 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: Kristine Ranslem <kranslem@weldgov.com> Sent: Friday, April 3, 2020 11:18 AM To: Kim Ogle <kogle@weldgov.com>; Diana Aungst <daungst@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Chris Gathman <cgathman@weldgov.cor>; Michael Hall <mhall@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Wendi Inloes <winloes@weldgov.com>; Michelle Wall <mwall@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: PC/BOCC Hearing Dates Due to the closure of the lobbies through May 1st, Kim and I have been working with CTB to reschedule PC and BOCC land use cases. All PC cases will be continued to the May 5th PC hearing with further continuances for some cases to the May 19th PC hearing. Please see rescheduled dates below. I have attached a spreadsheet if it helps clear anything up because my calendar looks pretty messy right now LOL! Just don't pay any attention to the color — it's my own coding system As before, please forward any confirmations from the applicants of the rescheduled hearings to both me and CTB. New calendar appointments will be sent out after confirmations. Esther will be reaching out to the planners who have cases scheduled for the 9 am hearings through April 30th to reschedule. If you have any questions, please let me know. THANK YOU!! May 5th PC Hearing COZ20-0002 (D) — 5/20 BOCC (no change) COZ20-0001 (MN) — 5/20 BOCC (no ciange) COZ20-0003 (K) — 5/20 BOCC (no change) USR19-0072 (D - from 3/17 PC) — 5/27 BOCC (from 4/1 & 5/13 BOCC) USR20-0004 (D) — continue to 5/19 PC Hearing USR20-0001 (D) — continue to 5/19 PC Hearing USR19-0075 (K) — continue to 5/19 PC Hearing 2 USR20-0006 (K) — continue to 5/19 PC Hearing May 19th PC Hearing USR20-0007 (K) — 6/24 BOCC (I need to send revised spo notices) USR20-0008 (K) — 6/24 BOCC (I need to send revised spo notices) USR20-0004 (D — from 3/17 & 5/5 PC) — 6/10 BOCC (from 4/1 BOCC) USR20-0001 (D — from 4/7 & 5/5 PC) — 6/10 BOCC (from 5/6 BOCC) USR19-0075 (K — from 4/21 & 5/5 PC) — 5/27 BOCC (from 5/13 BOCC) USR20-0006 (K — 4/21 & 5/5 PC) — 6/10 BOCC (from 5/6 BOCC) 4/22 BOCC Hearin COZ19-0002 (A) continue to 5/6 BOCC 2MJUSR19-08-1660 (K) continue to 5/6 BOCC USR19-0058 (A) continue to 5/6 BOCC 4/29 BOCC Hearing USR20-0002 (K) continue to 5/13 BOCC USR19-0073 (K) continue to 5/13 BOCC USR19-0074 (K) continue to 5/13 BOCC USR20-0003 (K) continue to 5/13 BOCC KrUe asLem, Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com <image002.jpg> 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. <PC -BCC CALENDAR MAY JUNE J U LY.xlsx> 3 EXHIBIT I Li) 1,1.512 Ica — 0 D5g REVOCABLE LICENSE FOR CROSSING (Supply Ditch -Heavy Equipment Crossing for Tollgate Gravel Pit) 1. PARTIES. The Storms Lake Drainage District, a Colorado statutory drainage district, whose address is 11731 CR 66, Greeley CO 80631 ("SLDD" or "Licensor") and Bucklen Services Inc., a Colorado corporation whose address is 804 N. 25th Avenue, Greeley, CO 80631 ("Licensee"), and Orrlando, LLC, a Colorado limited liability company whose address is 1813 61St Avenue, Suite 200, Greeley, CO 80634 ("Landowner"). Licensor, Landowner and Licensee may be collectively referred to herein as the "Parties". 2. RECITALS. 2.1 SLDD is the owner and operator of a clay drainage tile line ("DITCH") which services the Storms Lake Drainage District (the "District') and its associated easements which pass through Section Twenty -Nine (29), in Township Six North (T6N), Range Sixty -Six West (R66W) of the 6th P.M., Weld County, Colorado. 2.3 Landowner owns the real property described on Exhibit "A" attached hereto which is located in Weld County, State of Colorado (referred to herein as the "Property"). Licensee has applied with Weld County for a Site Specific Development Plan and Use By Special Review Permit for Open Mining (Sand, Gravel and Stone), specifically USR19-0058. 2.4 Licensee desires to obtain the permission of SLDD to modify and expand one (1) existing crossing on and over the DITCH to provide for semi -truck and heavy equipment access across the Property ("Crossing Structure"), necessary for and in connection with establishing and conducting a gravel mining operation on the Property to be known as the Tollgate Gravel Pit ("Gravel Pit"). Licensee intends to modify the existing crossing as follows: add additional aggregate material to the crossing in order to increase its stability. The additional material will be maintained throughout the use of the crossing. The existing crossing is over a 50 - foot -long stretch of 36" clay pipe. Licensee will reinforce the area with a minimum of one foot to a maximum of three feet depth of compacted aggregate material. 3. CROSSING STRUCTURE LICENSE AREA. As further provided in and subject to the terms of this License, Licensor agrees to grant to Licensee a License for a crossing for semi truck vehicular use in connection with the establishment and operation of the Gravel Pit in the location described and depicted on Exhibit "B" ("Crossing Structure License Area"). The vehicular crossing is referred to as the "Crossing Structure." 4. GRANT OF LICENSE. 4.1 Incorporating herein the foregoing Recitals, and in consideration of the covenants and obligations contained in this License, Licensor hereby grants to Licensee a non- exclusive, revocable license for the sole purpose of constructing, maintaining and, if needed, replacing the Crossing Structure as described, located and depicted on Exhibit "B" and on Exhibit "C" ("Plans and Specifications"). Said plans and specifications shall be reviewed by Licensor and must be approved by Licensor as a condition of the License granted herein. Licensor's review of 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. the plans and specifications is solely for Licenser's own benefit and creates no rights in any Party and no obligation or liability to Licensor. The obligations and benefits of this License shall run with the lands described in Exhibit "A" for as long as the License granted herein is in effect. 4.2 Licensee shall limit the length and width of the Crossing Structure to the shortest length reasonably necessary to properly and safely install the Crossing Structure while being consistent with the purposes of the Crossing Structure as described in Paragraph 2.4, above. 4.3 The Crossing Structure shall be seventy-five feet (75') long and thirty feet (30') in width as shown in attached Exhibit "B", and constructed in substantial accordance with Exhibit "C". 4.4 Licensee's uses shall not interfere with, limit or restrict Licenser's access to the DITCH, notwithstanding that direct access to the DITCH from 83'd Avenue may be periodically restricted from time to time. Should Licensor require direct access from 83rd Avenue when the access is restricted, Licensee shall accommodate Licensor with reasonable access. The License may be assigned to Licensee's successors in interest to the Property upon both Licenser's written acceptance and approval of written notice of assignment, which acceptance and approval shall not be unreasonably withheld. 4.5 The License includes the right to maintain, repair and replace such Crossing Structure and any permitted improvements located within the Crossing Structure License Area, and replace the bank and rip rap or other embankment protection within the Crossing Structure License Area as approved by the Licensor, provided such actions do not interfere with the DITCH or the flow of water into or in the DITCH. 5. CONSTRUCTION. 5.1. Licensee shall construct and maintain at its sole expense the Crossing Structure in accordance with the plans and specifications attached as Exhibit "C". 5.2. Prior to the construction of said Crossing Structure, Licensee shall, at its own expense, obtain all necessary consents, authorizations, approvals and permits. Licensee shall perform the construction and installation in accordance with all applicable laws, rules, regulations and approved Plans and Specifications for the design, construction, repair and/or maintenance of the Crossing Structure depicted on Exhibit "C". Licensee shall indemnify Licensor for any and all costs, damages, fines and fees, including reasonable attorneys' fees, incurred by Licensor as a result of Licensee's failure to obtain such permits or approvals, or failure to comply with all applicable laws and regulations. 5.3 The Parties acknowledge that, prior to construction and as a condition of this License, Licensee must obtain Licensor's formal written approval of the Plans and Specifications and any other contemplated work related to the Crossing Structure, which approval will not be unreasonably withheld, conditioned or delayed. Work within the limits of the DITCH shall be clearly described along with a plan for allowing for continued safe operation of the DITCH and shall be submitted to Licensor for its approval. 5.4 Licensor's review and any approval of such plans, specifications and contemplated work shall not constitute an engineering review or supervision, and does not affect, release and/or limit Licensee from any obligation, responsibility or liability to conduct such work in accordance with this License, and with all applicable governmental rules and regulations, or for the design, construction, repair and/or maintenance of the Crossing Structure. Licensee and Licensor agree to cooperate in good faith to coordinate any construction, maintenance, operation and/or repair of the Crossing Structure and the Crossing Structure License Area. All construction, maintenance and repair of the Crossing Structure shall be done by Licensee, entirely without cost to Licensor. 5.5 Licensee shall not open cut the DITCH. 5.6 The time period for constructing and installing the Crossing Structure is referred to herein as the "Construction Phase". Licensee shall provide a written construction schedule for review and approval by the Licensor at least thirty (30) days prior to the planned start of construction. Licensor may at any time require the adjustment of such schedule, should Licensor determine that the construction is interfering or will imminently interfere with Licensor's use or operation of the DITCH. 5.7 Licensee agrees that the Construction Phase shall proceed expeditiously and with reasonable diligence from the initiation of such construction to its completion. The Construction Phase shall be started on or after March 10, 2020 and completed no later than May 30, 2020, which date may be extended to accommodate weather delays or other conditions or delays outside of Licensee's control. Should Licensee fail to complete construction by the approved deadline or mutually stipulated extension thereof, this License and the License granted by this License shall terminate and have no force or effect, Licensee shall restore the existing crossing to its pre -construction condition, and Licensor shall retain all moneys paid by Licensee under this License. 5.8. Because water may run into and through the DITCH at any time of year, the Construction Phase and any subsequent repair, maintenance, modification, use or replacement of the Crossing Structure shall be entirely without disturbance of the flow of water into and through the DITCH. Licensee acknowledges that Licensee shall be responsible for ensuring the uninterrupted carriage of the DITCH flows, including drainage water, across land if such is needed, during the Construction Phase. If the Licensee's construction, and any subsequent repair, maintenance, use, modification and/or replacement interrupts the flows prior express written authorization from Licensor that Licensee may disturb the flow, the Parties agree and acknowledge that the Licensee shall be liable for all harm, injury and damages, including but not limited to actual, compensatory and consequential damages, caused as a result. 5.9 Licensee shall not install a fence, plant trees, brush or shrub or construct any building or structure within the DITCH or Crossing Structure License Area except upon written authorization of Licensor. 5.10 If at any time the Crossing Structure or any work by Licensee results in actual damage to the Crossing Structure License Area or any portion of the DITCH, ditch embankments and related roads thereon, Licensee will be responsible for all repairs, as set forth in Paragraph 9.3 below. 5.11 All portions of the DITCH and all affected portions of Licensor's easement which are disturbed by Licensee's installation work shall be promptly reasonably restored to their pre -construction condition so the flow of the water in the DITCH runs at the original amount and velocity. Disturbed areas shall also be revegetated, riprapped and/or otherwise stabilized to Licensor's satisfaction to protect the DITCH from erosion and weed growth. 5.12 Licensee shall not spill any dirt, debris or other foreign material into the DITCH. In the event that dirt, debris or other foreign material is spilled into the DITCH, Licensee agrees to completely clean the affected portions of the DITCH and compact loosened or disturbed soils to Licensor's satisfaction. 5.13 The Licensee agrees to deliver to the Licensor stamped record drawings of the constructed Crossing Structure ("As-builts") within sixty (60) days of the date construction is completed ("As-builts Deadline"), unless the As-builts Deadline is extended upon written approval by Licensor of Licensee's written request for a single extension of the As-builts Deadline, which approval shall not be unreasonably withheld. Should Licensee fail to deliver the As-builts to Licensor within thirty (30) days after the As-builts Deadline, Licensee shall owe Licensor a penalty in the amount of One Hundred Dollars ($100.00) per day for each day after the As-builts Deadline until such As-builts are delivered to the Licensor. 6. CONSIDERATION. 6.1 The Licensee shall pay to SLDD a non-refundable license fee of Two Thousand, Five Hundred Dollars ($2,500.00). The license fee shall be paid upon execution of this License prior to the commencement of the Licensee's construction activities. This license fee shall be in addition to any other costs for which the Licensee is responsible pursuant to this License. 6.2 Landowner hereby grants in favor of SLDD a restrictive covenant running with the Property, prohibiting all future livestock grazing upon the Property. Under no circumstances shall Landowner cause or permit livestock access to the DITCH and its associated maintenance easements. Landowner shall be solely liable for all damage incurred to the DITCH and its associated maintenance easements caused by livestock access and/or grazing. 7. INSPECTION. 7.1 The License is conditioned upon Licensor's written acceptance of the installation. The Licensee shall notify the Licensor at least five (5) days prior to commencement of the installation work or replacement or repair of the Crossing Structure permitted by this License, except for emergency repairs which are provided for in Section 9 of this License. Licensor is permitted to inspect the installation work or replacements and repairs during construction. Upon completion of the installation work, Licensee shall promptly notify the Licensor, and the Parties shall jointly inspect the DITCH at the Crossing Structure License Area. At their discretion, Licensor may test the DITCH by running water through it, or by such other means deemed necessary. If there are any deficiencies in the work of Licensee, or any material variation from the plans, Licensee shall forthwith remedy the same. In doing so, Licensee shall meet all reasonable requirements of the Licensor for the protection of the DITCH comparable to conditions prior to the construction of the installation. Upon Licensee's completion of the installation work and addressing all requirements or deficiencies, if any, to Licensor's reasonable satisfaction, Licensor shall accept the Crossing Structure, except that no acceptance shall be provided until and unless Licensee has paid Licensor all moneys owed to Licensee under Paragraph 8, below. 7.2 The Licensor's right to inspect the Licensee's installation work or replacement of the Crossing Structure in no way relieves the Licensee of its liability for improper installation. Licensor's inspection is solely for the benefit of the Licensor and creates no obligation to the Licensee. 8. REIMBURSEMENT OF EXPENSES. 8.1. In addition to the license fee described in Paragraph 6, above, the Licensee agrees to pay all of the reasonable engineering costs, legal costs, administrative costs and other costs reasonably incurred by the Licensor in reviewing, revising and approving the plans and specifications and entering into this License and inspecting the construction. 8.2 A statement for the costs chargeable to Licensee hereunder will be provided to Licensee, and the same shall be paid to each of the Licensor owed within thirty (30) days after the billing date. If payment has not been received by Licensor(s) within thirty (30) days, Licensee shall have breached this License and the unpaid Licensor may institute legal proceedings to collect the amount due and owing and terminate the License. In such proceeding, Licensor shall be entitled to its respective costs and reasonable attorneys' fees from Licensee. 9. MAINTENANCE. 9.1 Licensee shall own the Crossing Structure. Licensee specifically agrees and pledges to maintain, repair and replace the Crossing Structure at its sole cost and expense in accordance with Exhibit "C" so as not to require the Licensor to maintain, repair or replace it. Such maintenance shall additionally include keeping the culvert free of silt, weeds and debris, and other acts to accommodate ditch use, operation and maintenance. If Licensee fails to properly maintain, repair or replace any portion of the Crossing Structure within ten (10) days after notice of the need for same, Licensor may, at its own option, conduct its own maintenance, repair or replacement, and Licensee shall reimburse the Licensor for its costs of such work within thirty (30) days of notice of the expense. In the event Licensee fails to maintain, repair or replace the Crossing Structure, Licensee shall be liable for any loss, damage or injury to Licensor. If Licensor conducts its own maintenance, repair or replacement, it does not waive the right to hold Licensee liable for damages caused by Licensee's failure to maintain, repair or replace or the rights of Licensor to unilaterally revoke the License granted herein, restore the crossing, and recover all related costs and expenses for the same any restoration of the DITCH from the Licensee. 9.2 In the event of an emergency, either Licensor or the Licensee may conduct maintenance or repair immediately, giving notice to each other as soon as possible as provided herein. If Licensor conducts emergency work, it shall be reimbursed for the cost of the work from Licensee as per Paragraph 9.1, above. Under no circumstances shall the Licensor be responsible or held liable for damages to the Crossing Structure resulting from such maintenance or repair, except as to such damages resulting directly from the Licensor's gross negligence or wanton and willful misconduct. Determination of whether an emergency exists shall be at the sole discretion of the Licensor. 9.3 In the event that it is necessary for Licensor to make repairs and maintenance to the DITCH, either now or any future time, the Licensor shall be wholly without liability for damage to or interference with the Crossing Structure as the result of making such maintenance and repairs. In the event that repair or maintenance of the DITCH is required or advisable due to the existence, construction, installation, surveying, inspection, operation, maintenance, repair or replacement of the Crossing Structure, at Licensor's election, Licensee will promptly repair and maintain the DITCH to the reasonable satisfaction of the Licensor, or alternatively, a Licensor may perform or cause to be performed such repair and maintenance, and Licensee shall promptly reimburse such Licensor for the costs and expenses of such repair and maintenance. Determination of whether repair or maintenance to the DITCH is necessary or advisable, and the nature and extent of such repair or maintenance, shall be in the Licensor's sole discretion. 9.4 The Licensor shall continue to have full authority to operate, maintain, alter, enlarge, relocate, clean and manage the DITCH ("Ditch Operations") in the same manner as if this License had not been made, and any expense and/or damages caused thereby to Licensee shall not be chargeable to the Licensor. In the event, however, that any planned Ditch Operations could reasonably be expected to affect the Crossing Structure, except in the event of emergency repairs, the Licensor shall give prior notice to Licensee, and shall reasonably cooperate with Licensee to avoid injuries or damages to the Crossing Structure. 9.5 Under no circumstances shall Licensor be responsible or held liable for damages to the Crossing Structure resulting from maintenance or repair to the DITCH. 10. WATER LOSS. 10.1 Licensee agrees that the Crossing Structure will not increase carriage or transit loss in the DITCH over the loss which has occurred historically. Licensee agrees to compact earth materials in a manner acceptable to Licensor, so that such additional water losses will not occur. If the Crossing Structure increases carriage or transit loss in the DITCH, Licensee agrees to repair and restore the DITCH to prevent such additional loss. 10.2 Licensee warrants that it will do nothing to materially and adversely affect the water quality which is being carried in the DITCH as it exists as of the commencement of the installation of the Crossing Structure. In the event the Licensee breaches this warranty, Licensee shall take all timely actions necessary to satisfy the requirements of all water quality laws and regulations as relative to the Licensee's discharge into the DITCH. To the extent permitted by law, Licensee shall indemnify and hold Licensor harmless for all costs, damages, fines and fees, including reasonable attorney's fees, which are incurred as a result of any material, adverse changes to water quality caused by Licensee which result in the water failing to meet water quality laws and regulations. 11. LIABILITY AND INDEMNIFICATION. 11.1 By virtue of entering into this License, Licensor assumes no liability, responsibility or obligation for Licensee's use, operation or existence of Licensee's Crossing Structure or of Licensee's future or additional activities in the Crossing Structure License Area. 11.2 Licensor makes no representation or warranties as to whether Licensee has obtained or needs to obtain consent from owners of lands surrounding or servient to the DITCH, or the owners of any existing pipelines, utility lines or other structures on, over, across or under the Crossing Structure License Area or Temporary Construction License Area prior to commencing construction of the Crossing Structure. 11.3 Licensee shall indemnify and hold Licensor, its respective officers, directors, employees, shareholders and/or successors and assigns harmless from any and all liability, claims, loss, losses, damages and expenses, including attorneys' fees, arising in connection with the exercise by Licensee of its rights pursuant to this License, including, but not limited to, any personal injuries, deaths, property damage, mechanic's liens or other claims and causes of action of any kind arising out of the use of the Crossing Structure License Area by Licensee and/or its employees and/or invitees, and by other third parties, except to the extent caused by gross negligence or wanton and willful misconduct of Licensor or its shareholders, employees, agents, contractors and/or subcontractors. 11.4 Licensee shall provide Licensor with a certificate of general liability insurance naming Licensor as additional insureds or certificate holders for claims, demands, damages or causes of action arising out of the Licensee's use or occupancy of or activities within the Crossing Structure License Area pursuant to this License, unless caused by the gross negligence or intentionally wrongful acts of any other Party. 11.5 Licensee and its contractors, subcontractors, agents and employees shall carry workers compensation insurance and shall carry comprehensive general liability insurance with standard waiver of subrogation endorsement to insure the risks undertaken as a part of this License with minimum coverage limits of One Million Dollars ($1,000,000.00) for injury or death for any one occurrence and One Million Dollars ($1,000,000.00) for property damage per occurrence. Licensor and its agents, employees, contractors and engineers shall be listed as additional insureds or certificate holders under such policy. Licensee shall provide Licensor with certificates evidencing such insurance at the time of initial construction and the same shall be applicable until completion of the project. 11.6 Before this License is executed, the Licensee shall provide to Licensor a Performance and Payment Bond guaranteed by a licensed surety authorized to do business in the State of Colorado, guaranteeing full and faithful performance by Licensee of Licensee's obligations under this License. The amount of said Bond shall be sufficient to cover the cost of the Crossing Structure, valued at Five Thousand Dollars ($5,000.00) Nothing herein is intended to prevent Licensor from recovering additional damages in addition to the amount of the Bond. The Performance and Payment Bond shall remain in full force and effect for a period of two (2) years after date of completion, unless Licensor consents to the substitution of a Warranty Bond. 11.7 Licensee shall guarantee the quality of workmanship and materials for the Crossing Structure and shall be liable for any damage caused by the Crossing Structure. Licensee warrants and guarantees that the Crossing Structure shall, upon completion, be free from all defects due to faulty materials or workmanship, and Licensee shall be responsible for and shall promptly make such corrections as may be necessary by reason of any defects, including the repair of any damages to the DITCH resulting from such defects. Should Licensee fail to promptly make such repairs, adjustments or other work made necessary by such defects, Licensor may do so at Licensee's sole cost and expense. 12. EASEMENT RIGHTS. The License granted to Licensee herein in no way restricts Licensor's right to the use of the DITCH and easement to construct, operate or maintain all existing structures and facilities of the DITCH including roads so long as such activities do not impede or restrict the use of the Crossing Structure for its intended purposes. 13. TERM. This License shall be in place unless and until terminated by the terms of this License agreement or by other mutual agreement of the Parties or by failure of the Licensee to comply with the terms of this License or unless modified by Court order or as otherwise provided in this License. Licensee may, however, discontinue use of the Crossing Structure, at its sole option at any time, in which event Licensee shall restore the Crossing to its original conditions unless Licensor agrees in writing to allow the Crossing Structure to remain in place. 14. NOTICES. All notices required or permitted by this License shall be in writing and shall be deemed to have been sufficiently given for all purposes (i) on the date and at the time of delivery if delivered personally to the Party to whom notice is given at the address specified below; or (ii) on the date and at the time shown on the facsimile or electronic mail if sent by electronic transmission at the facsimile numbers or email addresses set forth below, with written receipt or evidence of delivery of such telecopy or of opening such electronic mail by the recipient thereof; or (iii) on the date and at the time of delivery or refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier service to the Party to whom notice is given at the address specified below; or (iv) on the date of delivery or attempted delivery shown on the return receipt if mailed to the Party to whom notice is to be given by first-class mail, sent by certified or registered mail, return receipt requested, postage and fees prepaid and properly addressed to the Party to whom such notice is intended to be given at the address set forth below, or at such other electronic transmission numbers or addresses as have been previously furnished in writing to the other Party or Parties: LICENSOR: STORMS LAKE DRAINAGE DISTRICT: Storms Lake Drainage District c/o Lee Detterer 11731 County Road 66 Greeley, CO 80631 Email: leedettC 1pbroadband.net With a Copy to: Storms Lake Drainage District c/o LIND, OTTENHOFF & ROOT, LLP 355 Eastman Park Drive, Ste. 200 Windsor, CO 80550 Fax: (970) 674-9535 Email: chrys@lorleEal.us LICENSEE: Buclden Services, Inc. 804 N. 25th Avenue Greeley, CO 80631 Email: Daniel.merritt.clark@gmail.com LANDOWNER: Orrlando LLC 1813 618t Avenue, Suite 200 Greeley, CO 80634 Email: ryanna woodlandhomecompany.com 15. DEFAULT AND REMEDIES. 15.1 Time is of the essence, and if any payment or any other condition, obligation, or duty is not timely made, tendered or performed by any Party, the non -defaulting Party shall have the right to an action for specific performance, or damages, or both. In the event that either Licensee or Licensor shall be in default in any of their covenants herein, so as to require the Party not in default to retain counsel to attempt to enforce said covenants and to commence legal or equitable action against the defaulting Party, upon a determination by the Court of default, the defaulting Party shall be liable for all reasonable expenses of such legal action incurred by the enforcing Party, including, but not limited to, filing fees, discovery and reasonable attorney fees. 15.2 In addition to any other remedies that the Licensor may have under applicable law, the Licensor shall be entitled to injunctive relief in the event of a breach of this License by Licensee, including but not limited to the termination and removal of the Crossing Structure. 16. TITLE. This License, and any grant pursuant to this License by Licensor, is subject to all restrictions, reservations, rights -of -way, easements, documents or agreements existing or of record in the Clerk and Recorder's office in Weld County, Colorado, at the time this License is recorded. Licensor make absolutely no representations or warranties (including, without limitation, warranties of title) in or by this License or any grant herein. 17. PARTIES BOUND. This License is for the sole benefit of the Parties hereto and no third parties are intended to be or shall be benefitted by this License. However, this License, and an the terms and conditions thereof, shall be binding upon and operate for the benefit of the successors and assigns of the Parties. 18. ATTORNEY'S FEES. If any Party breaches this License, the Party found to be in default shall pay the non -defaulting Party's reasonable attorney's fees, expert witness fees and expenses, and costs incurred in enforcing this License, whether or not legal proceedings are instituted. 19. COUNTERPARTS. This License may be executed separately by each Party and counterparts or copies, and when each Party has executed a copy thereof, such copies taken together shall be deemed to the full and complete contract between the Parties. 20. WAIVER OF BREACH. The waiver by any Party to this License, or a breach of any term or provision of this License, shall not operate or be construed as a waiver of any subsequent breach by any Party. 21. RECORDATION. This License shall be recorded at the cost of Licensee, and shall be binding on any successors of the Parties. Failure to record Exhibit "C" because of size shall have no effect on this License. Licensee shall furnish evidence of such recording to Licensor. 22. EXHIBITS. All exhibits referred to in this License are, by reference, incorporated in this License for all purposes. 23. PARAGRAPH CAPTIONS AND CONSTRUCTION OF TERMS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit or describe the scope or intent of this License. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. 24. ADDITIONAL DOCUMENTS OR ACTIONS. The Parties agree to execute any additional documents and to take any additional action necessary to carry out this License. 25. INTEGRATION AND AMENDMENT. This License represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This License may be amended only by an instrument in writing signed by the Parties. 26. SEVERABILITY. The provisions of this License shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision. 27. JURISDICTION AND VENUE. This License shall be construed and enforced in accordance with the laws of the State of Colorado, except to the extent necessary to comply with federal laws, rules and regulations. Venue for any action shall be in Weld County, Colorado. 28. CONDITIONED UPON APPROVAL. This License is expressly contingent upon, and shall not take effect until the Weld County Board of County Commissioners' formal approval of USR 19-0058 and Licensor's review and written approval of the final plans and specifications for the Crossing Structure, which approval shall be evidenced by signature on the final plans and specifications. Subsequent amendments to such approved plans and specifications shall not be made or implemented without the prior review and written approval of Licensor. 29. TERMINATION OF LICENSE AND REMOVAL OF CROSSING STRUCTURE. At such time as the Crossing Structure is no longer needed or used by Licensee for the purposes stated in this License, unless Licensor provides otherwise in writing, the Crossing License Area shall be promptly restored to its pre -construction condition at Licensee's sole expense and all access granted to Licensee under the terms of the License shall terminate. Among other circumstances, the earliest occurrence of the following shall satisfy the condition that the Crossing Structure is no longer needed: a) Licensee's written notification to Licensor that the Crossing Structure is no longer needed; b) Licensee's failure to use the Crossing Structure for twelve (12) consecutive months for the purposes stated in this License, c) the cessation of mining the Gravel Pit for a period of six consecutive months, or d) the expiration of twelve (12) years from the date of this Agreement. LICENSOR: STORMS LAKE DRAINAGE DISTRICT By: /-71 W. Lee Detterer, President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this `day of NW c.11 , 2020, by W. Lee Detterer as President of Storms Lake Drainage District. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: gi STEPHANIE J ROE Notary Public State of Colorado Notary ID # 20124083203 My Commission Expires 09-28-2020 Notary Public LICENSEE: Bucklen Services, Inc. By: STATE OF COLORADO COUNTY OF WELD Randall Bucklen, President The foregoing instrument was acknowledged before me this 1 D day off rThc�a ..2020, by Randall Bucklen as President of Bucklen Services, Inc. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: \ c�---/..--- Z ROBIN KVINING NOTARY PUBLIC STATE OF COLORADO NOTARY 1O 20024040651 MY COMMISSION EXPIRES DECEMBER 15, 2Q22 No ry Public No ary Public LANDOWNER: Orrlando, LLC, a Colorado limited liability company. STATE OF COLORADO ) ss. COUNTY OF WELD By: By: Ryan Dean Woodland, Manager Sarah S4eWoodland, Manager The foregoing instrument was acknowledged before me this `d y of NAV IA-, 2020, by Ryan Dean Woodland as Manager of Orrlando, LLC. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: STATE OF COLORADO ) ss. COUNTY OF WELD JESSICA LUTZ NOTARY PUBUC STATE OF COLORADO NOTARY 10 200114026752 ‘5, DOIIIICCOMMISSION EXPIRES 15, 2020 K. Notary Public The foregoing instrument was acknowledged before me this \� day of jAlt, 2020, by Sarah Sue Woodland as Manager of Orrlando, LLC. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary JESSICA LUTZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2 ' 026752 MMISSION EX ' R G 15, 2020 EXHIBIT "A" PARCEL 1: LOT A OF RECORDED EXEMPTION RE -4516, LOT B OF RECORDED EXEMPTION RE - 4516, LOT A OF RECRODED EXEMPTION RE -4517, LOT B RECORDED EXEMPTION RE -4517. THE WEST %s OF THE SOUTHWEST'/ OF SETION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE IE SIXTI I PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THERFROM THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5,1881 IN BOOK 31 AT PAGE 324. ALSO, EXCEP'T'ING TI IA'I' PARCEL OF LAND CONVEYED IN DEED RECORDED AGUST 2, 1972 AT RECEPTION NO. 1594788. Date Seed 3/5/2029 4.9296 PM Pads N 1,16110 DarkDRMS PermlCle \Drawiiz1GI0 G15 M . ' , kne nod I. • GroupGroup, , Inc. Water Resource Advisors for the West 1490 West ]21st Ave, Ste 100 Phone (303] 452.6611 Deaver, CO 60234-272B Foe (303) 452-2759 v..w.APPlePteGroup.com n maf: info@appkErtzgrouRcam TOLLGATE PIT Storms Lake Drainage Ditch Crossing License Area Date: 05 Mar 2020 Job #: 18-110 Drawn By: ABJ ADDITIONAL COMPACTED AGGREGATE MATERIAL FOR REINFORCEMENT OF CROSSING NOT LESS THEN 3' EXISTING BACKFILL STORMS LAKE DRAINAGE DITCH PIPELINE 36" PROPOSED DITCH CROSSING IMPROVEMENTS BUCKLEN SERVICES, INC. EXHIBIT C Applegate Group, 4.e. wafer Racine Admix: fame Wea larwearmeA.as.-m �i0ij4 3401 Ae 4L !!¢ aaa� waii.w.rsp® EXHIBIT From: To: Cc: Subject: Date: Kevin Schumacher Angela Snyder Kim Lawrence; Kevin Schumacher; GAIL W COLEMAN; LRHolladay Re: Tollgate Pit-Bucklen USR19-0058 Tuesday, May 5, 2020 4:57:09 PM .0 S 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. Angela, If you can share the following statement with the BOCC - Bracewell HOA would like confirmation that the applicant will be installing a berm along the west side of the subject property with a minimum height of 10' and a 8' privacy fence on top of berm. Additionally confirming the berm will be landscaped with either a native grass or some kind of trees or plants and that the applicant will be responsible for maintaining that. Based on the noise study presented by applicant it appears their noise compliance would fall in the range of residential to commercial. Bracewell HOA understands the variables and accepts the proposed range, net exceeding 60 dBA. Thanks, Kevin Schumacher Bracewell HOA president On Tue, May 5, 2020 at 1:56 PM Angela Snyder <asnydergweldgov.com> wrote: Kevin, eta . The BOCC usually defaults to staff to ensure that a landscape and screening plan meets their intentions, if it is to be created after the hearing, as is often the case. However, in this case, in order to meet the agreed upon noise limits, certain landscaping and screening has been identified. The Board will expect staff to ensure that the final site plan and any future permitting reflect the study requirements. The County will inspect the site to ensure it complies with the site plan upon completion of construction. The County only tests noise levels on a complaint basis, so there will not be regular testing. However, if you feel that the noise levels have changed or you feel that the applicant isn't meeting their Development Standards, please contact us to investigate. Failure to comply with an approved permit results in a hearing before the BOCC which may result in fines or termination of the permit. I hope this is helpful I wasn't sure what of the preceding emails you intended to be placed into the case file as an exhibit Would you mind sending your comments that you would like the BOCC to consider in a separate email directly to the Clerk to the Board and CC me on the email9 egesick@weldgov corn I'm glad the applicant was able to mitigate the impact to your neighborhood Kind Regards, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov corn PHONE (970) 400-3525 FAX (970) 304-6498 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 contam 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 commumcation or any attachments by anyone other than the named recipient is strictly prohibited From: Kevin Schumacher <kevm@kevinsellsco corn> Sent: Tuesday, May 5, 2020 1 04 PM To: Angela Snyder <asnyder@weldgov corn Cc: Kim Lawrence <kimlaw2626@gmail corn>, Kevin Schumacher <kevin@kevinsellsnoco corn>, GAIL W COLEMAN <GAILWCOLEMAN@msn corn>, LRHolladay <lrholladay@gmail corn> Subject: Re Tollgate Pit-Bucklen USR19-0058 C, 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 1 _ - Hi Angela, I appreciate you sending over the slide deck for us to review Can you confirm that the approval will identify the exact location and height of the berm as well as the height and material of fencing used? Based on our review of the report it appears to be acceptable, but with this not being in our line of expertise we can only trust the accuracy of the report and those who conducted it We also request that the approval have the requirements/descriptions of what ground cover such as grass or plantings will be used and the maintenance of that to avoid any potential eyesores The report indicated they used "receptors" to record and measure the sound levels I would also assume the county will require routine sound testing to make sure the applicant is in compliance with reporting, and request we have access to or are provided those results regularly Obviously the make, model, and age of machinery used can alter the results of any proposed or simulated testing As previously stated it is unlikely that we will have a representative there for our HOA, so if you can confirm our concerns will be shared with the commissioners and ask that they consider putting these clarifications m the approval along with getting access to the noise testing results while the operations are in order We appreciate your help! On Tue, May 5, 2020 at 10 32 AM Angela Snyder <asnyder@weldgov corn> wrote Kim, et al, Yes, they have submitted a noise study and mitigation plan I've attached their presentation for the hearing tomorrow It looks like their mitigation plan will work If you have comments for the BOCC and cannot attend because of COVID-19, please submit your comments via email to the Clerk to the Board, Esther Gesick, prior to the hearing, preferably today egesick@weldgov corn Best Regards, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov corn PHONE (970) 400-3525 FAX (970) 304-6498 �a� t r`tit oUh- 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 Lawrence <kimlaw2626@gmail corn> Sent: Tuesday, May 5, 2020 10 02 AM To: Angela Snyder <asnyder@weldgov corn>, Kevin Schumacher <kevin@kevinsellsnoco corn>, GAIL W COLEMAN <GAILWCOLEMAN@msn corn> Subject: Tollgate Pit-Bucklen USR19-0058 r , , y _ 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 Angela I am one of the homeowners at Bracewell HOA, 12702 Shiloh Rd We have not heard anything from the Bucklen's about the required "sound impact" report Has applicant submitted a sound mitigation proposal? It is not likely any of the homeowners can or feel safe attending the hearing in person, but our President, Kevm Schumacher has reiterated to the applicant that there must be a sound mitigation plan Kim Lawrence Kevin Schumacher CEO/Founder The Kevin Schumacher Team @ eXp Realty Cell: (970) 396-7248 Team: (720) 230-3030 Kevin@KevinSellsCo.com www KevinSellsCo corn Kevin Schumacher CEO/Founder The Kevin Schumacher Team @ eXp Realty Cell (970) 396-7248 Team (720) 230-3030 Kevin@KevinSellsCo corn www.KevinSellsCo corn 0 LI El El 0 El Hello