HomeMy WebLinkAbout20190073HEARING CERTIFICATION
DOCKET NO. 2018-130.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0077, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (36 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT — CHEYENNE CONNECTOR,
LLC
A public hearing was conducted on May 29, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
CI I hereby certify that pursuant to a notice dated October 12, 2019, and duly published
October 17, 2019, in the Greeley Tribune, a public hearing was conducted on December 12, 2018,
to consider the request of Cheyenne Connector, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0077, for a greater than 12 -inch high pressure natural gas
pipeline (36 -inch natural gas pipeline) approximately 70 miles in length in the A (Agricultural) Zone
District, at which time the matter was continued to March 27, 2019, to allow Cheyenne Connector,
LLC, adequate time to secure additional right-of-way for the project. At said hearing, the matter
was again continued to November 20, 2019, to provide the applicant an opportunity to work with
landowners to secure rights -of -way and easements in good faith. However, the applicant
submitted a letter to the County, dated April 19, 2019, stating that they have secured
approximately 95% of easements and rights -of -way and are negotiating terms on the remaining
5%, and the Board agreed to consider their USR application on May 29, 2019. Bob Choate,
Assistant County Attorney, made this a matter of record. In response to Commissioner Conway,
Mr. Ogle confirmed statutory requirements for notification were met.
Eri Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
stated the pipeline is approximately 70 miles long and connects the Kerr-McGee Lancaster Gas
Plant to the Rockies Express Cheyenne Hub. He explained the pipeline route and connecting
facilities, and mentioned the project is also being reviewed by the Federal Energy Regulatory
Commission (FERC). He indicated the project will increase the pipeline transport capacity allow
for safer transport of natural gas in Weld County. He described the temporary construction
easement associated with the pipeline, stated, per pending approvals, the pipeline is projected to
be in service at the end of 2019, and he explained the pipeline was routed to co -locate with
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existing pipelines. He indicated Dr. Steven W. Karothers and Associates (SWCA) conducted
wetland and water body delineations, he explained the survey area, and mentioned the project
construction in waterbodies will comply with the conditions of the U.S. Army Corps of Engineers.
He reviewed the referral from the Colorado Parks and Wildlife (CPAW) and elaborated on their
concerns, and he indicated there are permits required for crossing rights -of -way and the
floodplain, prior to construction. He stated the pipeline is located within the three (3) miles referral
areas of the Towns of Ault, Eaton, Nunn, Pierce, Kersey, Gilcrest, Platteville and the Cities of
Greeley, Evans and Fort Lupton. He explained the applicant had negotiated private easements
with land owners, and stated many had agreed to grant an easement across their land. He stated
98.1 percent of private land easements had been obtained and explained there are five (5) tracts
of land waiting for agreements, and three (3) of them are owned by Weld County. He indicated
the pipeline will be compliant with the Department of Transportation (DOT) requirements, which
he reviewed for the record. Mr. Ogle described the markers which indicate the presence of a
natural gas pipeline and mentioned the safety precautions, including monitoring for emergencies.
He stated an Emergency Action and Safety Plan is required to be reviewed annually, at a
minimum, and indicated referrals were sent to 47 agencies, and five (5) responded. He reviewed
the correspondence received and entered the favorable recommendation of the Planning
Commission into the record as written.
e Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and listed the County Road and State Highway crossings. He explained
a Right -of -Way Use Permit is required for any project occupying, constructing or excavating
facilities within the rights -of -way. He reviewed the daily traffic counts, during and after
construction, and stated an Access Permit is required for temporary and permanent access
locations. He indicated the site is exempt from Drainage requirements and also a Road
Maintenance Agreement. He explained the boring depth requirements and presented the
drainage and grading requirements.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated portable toilets may be used along the construction route. She indicated an
Air Emissions Permit will be required through the state and Development Standards (DS) #15-21
address Environmental Health (EH) items.
El Dick Sears, Vice President of Right -of -Way with Tallgrass Energy, represented the applicant
and reiterated a brief overview of the project. He provided a summary of the pipeline status, which
included mitigating concerns previously voiced by the Board. He stated 52 landowners have
formally endorsed the project, and he expressed his appreciation to the Board for moving up the
hearing date.
e Shawn Bates, Senior Agent for Land and Right -of -Way with Tallgrass Energy, provided a
PowerPoint presentation, and described the history of the company, including the company's
presence in Weld County. Mr. Bates described the Cheyenne Connector project, including the
pipeline's route and reiterated the details of the remaining rights -of -way. He stated they would like
to begin construction as soon as possible, to have less impact on the crop seasons. He described
the pipeline's location in relation to other pipelines and facilities, and reviewed the benefits and
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impacts of the project. He explained the FERC process and the safety issues considered by
FERC, as well as Cheyenne's status in the FERC process.
El Mike Hungenberg, President of the New Cache la Poudre Reservoir and Irrigation
Companies, expressed concerns with boring under irrigation canals during the irrigation season.
He explained the impacts the pipeline could have should something go wrong, and in response
to Chair Kirkmeyer, he stated the irrigation season ends in October and clarified the terms of the
easement agreement with Tallgrass. In response to Commissioner Conway, Mr. Hungenberg
explained other companies had constructed pipelines up to the ditch and waited until after
irrigation season to complete their projects.
e Rich Warner, President of Upstate Colorado Economic Development, shared the mission of
upstate and reiterated the positive referral letter comments, specifically the jobs the pipeline will
create. He emphasized the importance of being a good neighbor, mentioned the applicant's
efforts and expressed support of the project.
e Dale Trowbridge, General Manager of the Greeley No.#2 Ditch, acknowledged they and sister
companies service the area, and stated all ditch companies had included provisions in their
agreements stipulating the canal cannot be crossed until water stops flowing, which is
approximately the 1st of October. He expressed concerns with the pipeline's impact to area
agriculture, and in response to Chair Kirkmeyer, Mr. Trowbridge further explained his concerns
with the conditions of the agreement with Tallgrass, to not cross the ditches until October.
ID Dean Hirt, Farmers Reservoir and Irrigation Company (FRICO), provided a status update for
the Board and explained they have reached a preliminary agreement with Tallgrass; however, he
described the outstanding issues regarding construction criteria and stated a final agreement will
not be reached until the final engineering is reviewed. Mr. Hirt mentioned a continuance, and in
response to Chair Kirkmeyer, he explained he believed they could come to an agreement;
however, FRICO has previously had issues with Tallgrass "attempting to address" an issue
without actually resolving it. In response to Chair Kirkmeyer, Mr. Hirt explained, to his knowledge,
the places in which the pipeline crosses a FRICO ditch and indicated the proximity to adjacent
County roads. In response to Commissioner Conway, Mr. Hirt provided an approximate timeline
for the remaining concerns, and stated a continuance of a couple of weeks would be appropriate.
EI Nick Kliebenstein, Front Range Energy Alliance, expressed support of the application, citing
production growth and job opportunity, and requested approval of the application.
e Steve Kelly, Vice President of the Union Lateral, stated they have an agreement with the
applicant, which states they will not cross the ditch when water is present.
e Todd Libsack, President of Brown Lateral Company, stated they had brief contact with the
applicant; however, he explained, the applicant requested removing a clause with another ditch
company prior to making an agreement, which they were not in agreement with. He indicated
Brown Lateral Company does not have a crossing agreement with Tallgrass, gave the
approximate location of their ditch and reiterated the applicant's request to amend another
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agreement. In response to Chair Kirkmeyer, Mr. Ogle stated he was unsure why the application
was not written to require a crossing agreement with that specific ditch company.
E Vernon Cecil, surrounding property owner (SPO), explained the water resources for his farm
and expressed concern with the route of the pipeline.
El Chair Kirkmeyer temporarily closed public input and briefly recessed the hearing.
El Upon reconvening, Mr. Bates addressed the statements made by Mr. Hirt (FRICO) and
reiterated there is an agreement, in principle. He further explained the outstanding concerns of
FRICO and how they will be addressed during the technical review, and agreed the final
agreement with FRICO would be in place in the next couple of weeks. He confirmed they would
not cross the Union/New Cache ditches until water is no longer present, or without written
permission from the ditch companies. He stated there was no intention of condemnation, and in
response to Chair Kirkmeyer, there was discussion about the applicant's efforts to contact and
confirm the existence of the Brown Ditch Company. In conclusion, Chair Kirkmeyer requested the
inclusion of language in the resolution to require an agreement with the Brown and Lateral Ditch
Companies. PI Mr. Bates explained the pipeline will not have an adverse effect on existing or
future development of the surrounding area, and this was confirmed with municipalities through
the referral process. In response to Commissioner Conway, Mr. Bates stated the agreement with
the Town of Kersey will be finalized by July 9, 2019. He addressed the mitigation efforts to
prevent negative impacts on the surrounding area with co -location, and described the plans to
control soil erosion, dust and the growth of noxious weeds. He explained they will comply with the
state Stormwater Permit, stated their Stormwater Plan was approved by the Colorado Department
of Public Health and Environment (CDPHE) and the applicant intends to use a binding agent to
prevent windblown erosion. Mr. Bates indicated there will be a minimum of four (4) third -party
inspectors to ensure the permit requirements are being met, and explained there will be a monthly
inspection from FERC, and bi-weekly reports to FERC.
e In response to Chair Kirkmeyer regarding a Revegetation and Maintenance Plan, Joey
Goetting, Environmental Permitting with Tallgrass, stated erosion control will be consistent with
the FERC and CDPHE requirements, which would follow state requirements for stormwater.
Mr. Bates outlined the mitigation efforts to ensure the health, safety, and welfare of the
inhabitants of the County and to minimize the impacts of the pipeline. He explained the pipeline
monitoring, and in response to Commissioner Moreno, he stated the emergency shutoffs are
approximately 17 miles apart. In response to Chair Kirkmeyer, he indicated the standard
requirement is 20 miles, and he further explained the automatic and remote shut-off capabilities
in the event of an emergency. There was discussion regarding the inclusion of the Emergency
Response Plan (ERP), and in response, Chair Kirkmeyer requested the shut-off capabilities be
included in the ERP. Furthermore, Mr. Bates described his conversations with Roy Rudisill, Office
of Emergency Management, and mentioned the applicant's involvement in the Colorado Pipeline
Association, and the Local Emergency Planning Committees (LEPC).
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Mr. Bates described the environmental review process, including surveys, and the plans to
protect any significant wildlife and their habitats. He reiterated a Drainage Plan would not be
required for the project due to it not exceeding the minimum runoff threshold cubic -feet per
second.
e Mr. Bates reiterated the request for approval of the USR and additionally requested review
of Condition of Approval (COA) #7 concerning the allowance of activity prior to recording the USR
map. In response to Chair Kirkmeyer, Mr. Bates indicated 19 of 31 identified ditch crossings are
in place, not including eight (8) belonging to FRICO. He explained the remaining easements which
are not in place, and in response to Chair Kirkmeyer, Mr. Bates confirmed the intention of the
applicant was not to "strong arm" the remaining easements, but to negotiate with them in good
faith. Commissioner Conway clarified the remaining ditch owners, and Chair Kirkmeyer requested
clarification to confirm Weld County was one (1) of the three (3) remaining landowners left to
negotiate with the applicant. Mr. Choate explained, per the recommendation of County Attorney,
Bruce Barker, to not forgo the negotiations have been postponed until after the completion of the
USR. In response to Chair Kirkmeyer, Mr. Bates described the negotiations in progress with the
two (2) remaining landowners and, in response to Commissioner Conway, Mr. Bates confirmed
Tallgrass had filed condemnation against the two (2) remaining landowners, which were presently
in the court system due to unique circumstances.
El In response to Chair Kirkmeyer, Mr. Bates indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented, and reiterated his
request to discuss COA #7.
El In response to Commissioner Conway, Mr. Bates confirmed they would honor the
agreements to not bore under the ditches when water is present, unless otherwise indicated by
written consent. Chair Kirkmeyer agreed with the comments made, and additionally she
discouraged adding language to the COA or DS that might potentially contradict the agreements
the applicant and the land owners already have in place with one another.
e Commissioner James stated he was comfortable with the language in the Resolution, which
addressed the ditch boring concerns. He called attention to COA #7 to ensure the USR completion
prior to the activity occurring.
El In response to Chair Kirkmeyer, Mr. Ogle explained the deletion of the highlighted text
(specific legal descriptions concerning the wildlife habitats and nests as mentioned in the referral
from CPAW) and Chair Kirkmeyer suggested an additional Condition to address the concerns of
CPAW. Chair Kirkmeyer suggested COA #1.A -D remain under "Prior to recording the map" and
COA #1.QQ-RR also remain. Furthermore, she explained COA #1.E -PP should be moved to
"Prior to construction" and she requested discussion regarding COA #1.D (a copy of signed and
submitted lease agreements for pipeline right-of-way submitted to Planning Services). After a brief
discussion regarding COA #1.C (recorded easement for interconnection points), the Board agreed
to move it under to "Prior to Construction". The Board and staff discussed, and agreed to move
COA #1.D to "Prior to Construction," and after further discussion about the inclusion of remaining
easements, Adam Schiche, Assistant General Counsel - Tallgrass Energy, clarified two (2) of the
three (3) remaining easements will be legalized by an order from the court with immediate
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possession of the properties. Mr. Choate provided language to add to COA #6 to specify the
applicable parcels.
e In response to Chair Kirkmeyer, Mr. Ogle indicated COA #1.QQ (Flood Hazard Development
Permit) could be moved to "Prior to construction" and reiterated the aforementioned changes.
el Chair Kirkmeyer recommended changing the last sentence of the new COA #1.C.5, 8, and
10 to state: "These roads are maintained by Weld County." In response to Chair Kirkmeyer,
Mr. Pinkham explained the applicant will be boring at a 15 -foot depth indicated in the right-of-way
permit. Mr. Ogle provided language for a new COA #2 to address the referral from CPAW.
e Mr. Choate suggested additional language to COA #6 to read, "Prior to Construction at each
parcel or other relevant location:" After discussion regarding the structure of the Conditions of
Approval, Chair Kirkmeyer requested staff print out the modified Resolution for purposes of
discussion. In response to Chair Kirkmeyer, the Board and staff agreed to add additional
conditions to ensure copies of the signed crossing agreements for Union Lateral Irrigating
Company and Brown Lateral Irrigating Company are submitted to the Department of Planning
Services.
la In response to Chair Kirkmeyer, Mr. Bates explained the requirements of COA #6.D (Decreed
water rights or Hydrostatic testing proof), and requested inserting a new COA #6.B to address the
decreed water rights. Chair Kirkmeyer also requested to add language into COA #6.A (Emergency
Action and Safety Plan) to incorporate the applicant's emergency procedures for remote
monitoring and valve shutoff. In response to Commissioner Conway, Mr. Bates stated there would
be a narrative to indicate there is an emergency shutoff, and Chair Kirkmeyer added the purpose
for the narrative to inform the fire district(s), if necessary. The Board clarified for Commissioner
Conway the addition to address the Brown Ditch Company.
OD In response to Mr. Ogle regarding the Town of Kersey's approval of the Conditional Use
Permit for pipeline alignment, the Board agreed to add the requirement as COA #5.LL.
e Chair Kirkmeyer recessed the hearing, as requested by Commissioner Conway.
e After discussion regarding the definition of "onsite" and/or "on the site" in various
Development Standards, the Board agreed to change DS #4 (noxious weeds) to read, "the
pipeline right-of-way" rather than "on the site." Chair Kirkmeyer suggested modifying DS #16 to
replace "at this site", with "at any location along the pipeline right-of-way," and the Board agreed
to delete the second sentence of DS #18 (fugitive dust). There was discussion regarding DS #19
(portable toilets), and the applicant explained there will be two (2) portable toilets places at every
mile, for 70 miles, during the construction period. After lengthy discussion, the Board agreed to
add language to DS #19 to require screening from residences within a half -mile corridor and
high -volume roads. Furthermore, the Department of Public Works will work with the applicant to
define high -volume roads.
e Chair Kirkmeyer recessed the hearing to allow the applicant and staff to review the
Resolution with the aforementioned changes.
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El Chair Kirkmeyer reconvened the hearing and referenced the markup version of the
Resolution that included the changes made during the hearing, marked Exhibit BH.
IE In response to Mr. Bates, Mr. Choate explained the easement reception numbers did not
have to be entirely obtained prior to recording the map; however, they would need to be acquired
prior to recording the plat. There was additional discussion regarding when the applicant could
begin construction, and Chair Kirkmeyer stated the applicant would need to obtain an early
release agreement and the applicant agreed. In response to Mr. Schiche, Chair Kirkmeyer
clarified the individual conditions for each easement, and the clarity it provides the applicant and
the public of the easement requirements.
IE In response to Chair Kirkmeyer, Mr. Bates indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
e No further public testimony was offered regarding the changes to the Conditions of Approval
and Development Standards.
EI Commissioner Conway moved to approve the request of Cheyenne Connector, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0077, for a greater
than 12 -inch high pressure natural gas pipeline (36 -inch natural gas pipeline) approximately 70
miles in length in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as entered into the record. The motion was seconded by Commissioner Freeman. Commissioner
Conway thanked the staff, applicant, and public for their participation and reflected on the
concerns addressed during the hearing. Commissioner James commented on the progress the
applicant had made since the last hearing, with no surrounding property owner testimony at the
present hearing. Chair Kirkmeyer concurred and thanked the public for their involvement in all the
hearings. She additionally thanked the staff, reiterated the thanks for the applicant in the progress
they had made during the past 60 days, and stressed the importance of being a good neighbor.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 5:17 p.m.
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This Certification was approved on the 3rd day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dad
Weld County Clerk to the B
BY:
EXCUSED DATE OF APPROVAL
arbara Kirkmeyer, Chair
e Freeman, Pro -Tern
eputy Clerk to the Board XCU,SED DATE OF APPROVAL
AS
RM:
Sean/p. Conway
. James
�rtty�ey.
Steve Moreno
Date of signature: (37/,30/19
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