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Home My WebLink About20190577.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR18-0102 - ENGLISH FEEDLOT 2, LLC, C/O RENEWTRIENT II, LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 01/15/2019) C. Planning Services PowerPoint Presentation D. Kathy Weaver Postcard of opposition (received 01/28/2019) E. Ryan Brandt Email regarding community meeting (dated 02/05/2019) F. Staff Email thread to clarify EH policy (received 02/12/2019) G. Applicant Letter sent to residents (received 02/12/2019) H. Applicant Email regarding resident meeting (received 02/12/19) Application explanation and update, and applicant I. Ryan Brandt PowerPoint (received 02/15/2019) Email thread — clarification during/about the hearing J. Staff (dated 02/13/2019) K. Applicant and Staff Email regarding 3rd party transfer (dated 03/12/19) Email, Well Permits, SUP Partial Vacation Request, L. Applicant RECX Letter, Auth Form (received 03/14/19) Further clarification regarding 3rd party transfer M. Applicant and Staff (received 03/13/2019) N. Staff Farm Nutrients lease (dated 10/02/2018) Proposed plat map RECX18-0167 (received O. Staff 03/18/2019) P. Staff Site drainage pictures (received 03/18/2019) Q. Doug English Authorization form (dated 01/22/2019) Memorandum to update status on Recorded Exemption R. Planning Services (dated 03/25/2019) Environmental Health Memorandum with referral from Environmental Health S. Services (dated 03/19/2019) T. Staff Recorded plat RECX18-0167 (recorded 03/27/2019) U. Applicant Amended lease agreement (received 04/04/2019) V. Staff Recorded Exemption application (dated 01/24/2019) Access and Utility Easement agreement (dated W. Applicant 03/21/2019) 2019-0577 EXHIBIT .1 o a C. tkSL k , - O1O a VIEW TO NORTH TOWARDS FERTILIZER PROCESSING SITE FROM CR 10 -SI VIEW TOWARDS FERTILIZER PROCESSING SITE FROM CR 10 r .- beRr Wekt Ptalmed''s, &E; I,tSKtB-ot 2. S bvuit kectrc( PouRri,t Lifter Causes a }yPe o+ bud 4*4 y)es ever`( r air taxi Li hew e- moose any bw{ T c�ori+ Wan+ InC)rer St na%Cerett at-'mt'7t� ar r. i ora .W �.- SA I S t .ri raw . \)i eld Co DaPi-or Pkn4tv%c2l (55!5 NI. Otis kite CoreeieLi , CO p re -Pr 40i0Z1 iAN 2 263'3 GI&tLL1 Ur 11111111'il'111'i111111111i") 14111111 Selena Baltierra From: Sent: To: Subject: Chris Gathman Tuesday, February 5, 2019 12:41 PM Selena Baltierra; Isabella Juanicorena; Jessica Reid FW: Item of Correspondence for USR18-0102 From: Ryan Brandt <rbrandt@nuorganics-Ilc.com> Sent: Tuesday, February 05, 2019 11:33 AM To: Chris Gathman <cgathman@weldgov.com> Subject: RNII Project 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. Chris, Just giving you a quick update. I am hosting an informational session in Hudson Colorado on Tuesday February 12 for the concerned neighbors of the RNII project. I want to maintain open communication with them and obtain their feedback. I will be showing them how the litter will be managed differently with our project (much less storage on site) than what is currently occurring. I am hopeful that they will ask questions and express concerns that we can directly discuss before the BOCC meeting. I have a conference room set up for 12-6PM so they can drop in when convenient for them. I am also going to copy you on the notice. I am sending via registered mail, overnight so they get it in plenty of time. If you have any additional feedback or concerns that you have heard from other neighbors or staff, please let me know. Otherwise, I will see you next week at the BOCC meeting. Thanks, Ryan C. Brandt Partner NuOrganics LLC 612-616-6370 1 Selena Baltierra To: Subject: Chris Gathman RE: so does the place storing the chicken manure need a usr, or is it a use by right From: Ben Frissell Sent: Wednesday, January 16, 2019 10:37 AM To: Frank Haug <fhaug@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Kim Ogle <k0gle@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michael Hall <mhall@weldgov.com>; Chris Gathman <cgathman@weldgov.com> Cc: Hayley Balzano <hbalzano@co.weld.co.us> Subject: RE: so does the place storing the chicken manure need a usr, or is it a use by right Have some information related to this. Both the CDPHE Solid Waste Division and CDPHE Ag Program do not regulated third party manure transfers as long as the ultimate destination of the manure is for land application. Additionally, the site is exempt from compost regulations. Since the facility is processing for a commercial purpose they need a USR, but the ultimate destination is still land application, meeting the agricultural waste exemption, definition and allowance of third party stockpiles. There is no requirement for third parties to use the manure on their land. And since these stockpile sites are non-USR sites they fall under Weld County's Right to Farm, which exempts nuisance conditions other than if the manure is leaving the property or getting into a waterway. To make a long story short, the manure storage, if offsite, does not fall within any departments regulations so long as the final destination is for land application. The applicant is in compliance with regulations. There is little County can do to police third party stockpile sites if complaints are received. Let me know if you have any questions. Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 so WM fit °to PHAB B — :asit r if fa it h J • I 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. 1 From: Frank Haug Sent: Tuesday, January 15, 2019 2 32 PM To: Angela Snyder <asnvder@weldgov corn>, Kim Ogle <kogle@weldgov corn>, Lauren Light <Ilight@weldgov corn>, Michael Hall <mhall@weldgov corn>, Ben Frissell <bfrissell-durlev@weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: so does the place storing the chicken manure need a usr, or is it a use by right Anybody got a line on something in the code that addresses this? 2 ReNewTrient II Date: Subject: To From: February 6, 2019 Organic Fertilizer Project Details and Neighbor Feedback Ms. Mary Lou Green, 19226 County Road 12, Hudson, Colorado 80642 Mr. Bias Chavez, 19264 County Road 12, Hudson, Colorado 80642 Ms. Martina Torres, 4207 County Road 39, Hudson, Colorado 80642 Ms. Kathy Weaver, 19764 County Road 12, Hudson Colorado 80642 Mr. Chris Gathman, Weld County Department of Planning Services 1555 North 17th Avenue Greeley CO 80631 Ryan Brandt, ReNewTrient ll, LLC Dear Residents I am reaching out to the neighbors who expressed concerns regarding the proposed organic fertilizer project located on English Farm. I have met with some of you at the Planning Commission meeting last month and I want to maintain open communication directly with you. As you may recall, ReNewTrient II, LLC is planning to construct an organic fertilizer facility located on English Feedlot 11, LLC property. The project will involve pasteurizing and pelletizing poultry litter to qualify it as an organic fertilizer. The organic fertilizer will either be hauled offsite or stored in sealed one -ton supersacks. At the meeting there was some confusion regarding the difference between ReNewTrient II and Farm Nutrients (the company that stores and sells the poultry litter on English Farm). ReNewTrient II and Farm Nutrients are separate companies and they operate independently of one another. For this project, ReNewTrient II is buying the poultry litter directly from Farm Nutrients, who holds a lease on a separate parcel from ReNewTrient II. Farm Nutrients has been storing poultry litter on the site since 2016. Through our subsequent discussions with Weld County, we understand the Farm Nutrients litter storage site does not require any additional approvals from Weld County to operate. Representatives from ReNewTrient II will be hosting an informal informational session to provide more information about the project on Tuesday February 12, 2019 at the Best Western Plus Conference Room in Hudson Colorado (301 Bison Hwy, Hudson, CO 80642). The informational session will be held from 12PM -- 6PM in the Conference Room and you may attend at any time when convenientfor you. A representative from Farm Nutrients will also be in attendance if you have questions or concerns about the litter storage operation. Our vision is to be a responsible neighbor within the Hudson community and serve the organic and regenerative farming needs of businesses in the Colorado market in a responsible manner. We look forward to working with you and would sincerely appreciate your support. If you would like to attend or would like to discuss at a separate time, please indicate by sending an email to EXHIBIT Selena Baltierra To: Subject: Chris Gathman RE: Resident Meeting - RNII From: Ryan Brandt <rbrandt@nuorganics-Ilc.com> Sent: Tuesday, February 12, 2019 2:57 PM To: Chris Gathman <cgathman@weldgov.com> Subject: Resident Meeting - RNII ilV__ lR - 0 l b �- 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. Chris, You may be getting a call from Kathy Weaver who just attended our resident meeting. We walked her through the project which was helpful. I will let her leave the message as she stated she would be happy to reach out to you and express her thoughts/support regarding the project. Ryan C. Brandt Partner NuOrganics LLC 612-616-6370 1 EXHIBIT Selena Baltierra From: Sent: To: Subject: Attachments: Chris Gathman Wednesday, February 13, 2019 10:07 AM Selena Baltierra; Jessica Reid FW: RNII Project Clarifications and Update - USR18-0102 RNII overview.pdf b -.6 D a L Here is the applicant's USR18-0102 presentation. I will have it available on -screen for today's hearing. From: Ryan Brandt <rbrandt@nuorganics-Ilc.com> Sent: Monday, February 11, 2019 2:53 PM To: Chris Gathman <cgathman@weldgov.com> Subject: RNII Project Clarifications and Update 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. Chris, I wanted to provide you with a quick update. I have invited the concerned residents to a meeting tomorrow in Hudson between 12PM and 6PM (they may come whenever it fits their schedule). I will answer any questions that they have and also show the following document to help them better the project. The main points that did not get across clearly during the Planning Commission meeting include: - That RNII and Farm Nutrients are separate, unrelated companies. - That RNII is buying poultry litter from Farm Nutrients as a third party. - That RNII chose the site since Farm Nutrients has been operating there since 2016 (Farm Nutrients and the Landowner have both confirmed they have not had any complaints registered from the neighbors regarding the Farm Nutrients operation) - That the amount of poultry litter stockpiled on the site will be reduced with the RNII project (from 15,000 tons before to under 5,000 tons with the RNII project, with the target being 1,500 tons under normal operating conditions). We hope that this information will help the neighbors be more comfortable with the project since stockpiling will be markedly less which should help mitigate insects and odor issues from the raw litter. I have also discussed the residents concerns with Farm Nutrients. Like ReNewTrient II, Farm Nutrients wants to maintain positive relations with the neighbors. We are all willing to do what we can to develop and execute the project with the minimal impact to our neighbors. Sincerely, Ryan C. Brandt Partner NuOrganics LLC 612-616-6370 1 RNII Process Flow Diagram Process Flo i g ra ll titer e e e -Far, ufrien, Manure Storage raaaa 1 1 1 1 I 10 �1 1 I ),„ Ea: Er 1 1 1 1 1 1 I 1 1 1 I 1 1 Hopper/Conveyor 1 >se 11♦ 1♦ ?fry a ai s IIIIII III.' (A rsE i i i i i i i i i i i i i i i i i i MONISM IIIMMI 4IIMMI III= 4111111 MINIM rrr Grinder Pellet Mill — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Bulk Trawler (off site removal) Sealed One Ton Supersacks 1_ J I I r Tr Dust Collector — — — — — — — — — — — — — — — — — — — — — — — — — Located inside building RNII Building Layout Cyclone/Dust Collector a aoc-au Trailer or Supersack Loading 25" Witt BL CANER FUTURE BAGGER F- i i i i i i J Reduced Area for litter Storage Site Litter Volumes With and Without RNH Project Stored TOns of Poultry Litter on Farm Nutrients Leased Property (English Feedlot) 14,000 12,000 10,000 0 8,000 O 4ten 000 O 4,000 2,000 MOP Without RNII Project FAN 11 Start Date With R X111 Project* CO CO CO CO CO +0 00 co co o co obi m m m m cn a m m m m at m lir el a el el el el el el el el ell *- II el el el a el el el el el ;l el ,� ri N (VI V' t WI N CO r 0 B. N IH l i 'i1, N CO Crl a ri r- k H rIl r ,f i *-,[due to daily processing and shipment of product offsite during normal operations and regular cleanou€ of barns. Selena Baltierra From: Sent: To: Cc: Subject: Bob Choate Wednesday, February 13, 2019 2:54 PR/ Esther Gesick; Chris Gathman; Angela Snyder Selena Baltierra; Jessica Reid; Isabella Juanicorena; Hayley Balzano; Ben Frissell RE: USR18-0102 - English Feedlot 2, LLC I think this is correct. Thanks, Esther! Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick Sent: Wednesday, February 13, 2019 11:40 AM To: Bob Choate <bchoate@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Angela Snyder <asnyder@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Selena Baltierra <sbaltierra@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Ben Frissell <bfrissell-durley@weldgov.com> Subject: USR18-0102 - English Feedlot 2, LLC So, if I understood this correctly, the following needs to happen prior to the next hearing on 3/18: - process/finalize RECX to establish correct Legal Description - applicant needs to request partial vacation of old USR to remove newly created RECX lot - staff review and update Draft Resolution to propose strikeout/amendment of appropriate Conditions and Development Standards - initiate amendment process of old USR on remainder of the original site (timing not dependent on upcoming hearing date). Did I miss anything? Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 L a -„_L 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: Bob Choate Sent: Wednesday, February 13, 2019 11:17 AM 1 To: Esther Gesick <egeslck@weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: RE Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Pretty clear that Barb doesn't think the Board can make this happen with an amended legal description today, but that's how we'll make it happen when we come back after the RE is completed Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick Sent: Wednesday, February 13, 2019 11 12 AM To: Bob Choate <bchoate(c)weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Esther E. Gesick Clerk to the Board 1150 O Street'P O Box 758 f Greeley, CO 80632 tel (970) 400-4226 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 2 Selena Baltierra From: Sent To. Cc: Subject: Chris Gathman Wednesday, February 13, 2019 1 38 PM Esther Gesick, Bob Choate, Angela Snyder Selena Baltierra, Jessica Reid, Isabella Juanicorena, Hayley Balzano, Ben Fussell RE USR18-0102 - English Feedlot 2, LLC I think so Though I thought I heard the Board mention something about modifying the USR questionnaire to reflect the USR is only on the 3 6 -acre site I will take another look at the questionnaire to see if anything else needs to be clarified We can have them submit an updated application form with the smaller acreage called out However, county assessor records will still refer to the original parcel # - until the plat is recorded — and even then it takes some time for a new parcel # to be assigned Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N 17th Avenue tel 970-400-3537 fax 970-400-4098 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• Esther Gesick Sent: Wednesday, February 13, 2019 11 40 AM To: Bob Choate <bchoate@weldgov com>, Chris Gathman <cgathman@weldgov corn>, Angela Snyder <asnyder@weldgov corn> Cc: Esther Gesick <egesick@weldgov corn>, Selena Baltierra <sbaltierra@weldgov corn>, Jessica Reid <jreid@weldgov com>, Isabella Juanicorena <ivanicorena@weldgov corn>, Hayley Balzano <hbalzano@co weld co us>, Ben Frissell <bfrissell-durley@weldgov corn> Subject. USR18-0102 - English Feedlot 2, LLC So, if I understood this correctly, the following needs to happen prior to the next hearing on 3/18 1 - process/finalize RECX to establish correct Legal Description - applicant needs to request partial vacation of old USR to remove newly created RECX lot - staff review and update Draft Resolution to propose strikeout/amendment of appropriate Conditions and Development Standards - initiate amendment process of old USR on remainder of the original site (timing not dependent on upcoming hearing date) Did I miss anything? Esther E. Gesick Clerk to the Board 1150 O Street P O Box 7581 Greeley, CO 80632 tel (970) 400-4226 c;fite Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which ails 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: Bob Choate Sent: Wednesday, February 13, 2019 11 17 AM To. Esther Gesick <egesick@weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: RE Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Pretty clear that Barb doesn't think the Board can make this happen with an amended legal description today how we'll make it happen when we come back after the RE is completed Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick Sent: Wednesday, February 13, 2019 11 12 AM To: Bob Choate <bchoate@weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Esther E. Gesick Clerk to the Board 1150 O Street'P O Box 758/Greeley, CO 80632 tel (970) 400-4226 but that's 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 2 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 3 Selena Baltierra From: Sent To: Cc Subject: All, Angela Snyder Wednesday, February 13, 2019 11 52 AM Esther Gesick, Bob Choate, Chris Gathman Selena Baltierra, Jessica Reid, Isabella Juanicorena, Hayley Balzano, Ben Frissell RE USR18-0102 - English Feedlot 2, LLC That's my understanding We can get a conditional approval of the RE out very quickly as it's been two weeks since we sent out the 4 -lot ASAP referral request update (1/28) The holdup will be the draft plat Hopefully they can get one in to review ASAP If the original USR was a SUP without a map, we could potentially get the partial vacation cleaned up very quickly by recording a staff memo if the property owner submits a letter, Correct? Best, Angela Angela Snyder, CFM Planner I 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 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: Esther Gesick Sent: Wednesday, February 13, 2019 11 40 AM To: Bob Choate <bchoate@weldgov corn>, Chris Gathman <cgathman@weldgov corn>, Angela Snyder <asnyder@weldgov corn> Cc. Esther Gesick <egesick@weldgov corn>, Selena Baltierra <sbaltierra@weldgov corn>, Jessica Reid <jreid@weldgov corn>, Isabella Juanicorena <ivanicorena@weldgov corn>, Hayley Balzano <hbalzano@co weld co us>, Ben Frissell <bfnssell-durley@weldgov corn> Subject. USR18-0102 - English Feedlot 2, LLC 1 So, if I understood this correctly, the following needs to happen prior to the next hearing on 3/18 - process/finalize RECX to establish correct Legal Description - applicant needs to request partial vacation of old USR to remove newly created RECX lot - staff review and update Draft Resolution to propose strikeout/amendment of appropriate Conditions and Development Standards - initiate amendment process of old USR on remainder of the original site (timing not dependent on upcoming hearing date) Did I miss anything? Esther E. Gesick Clerk to the Board 1150 O Street/P O Box 758/Greeley, CO 80632 tel (970) 400-4226 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: Bob Choate Sent: Wednesday, February 13, 2019 11 17 AM To: Esther Gesick <egesick@weldgov com>, Chris Gathman <cgathman@weldgov com> Subject: RE Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Pretty clear that Barb doesn't think the Board can make this happen with an amended legal description today, but that's how we'll make it happen when we come back after the RE is completed Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Esther Gesick Sent: Wednesday, February 13, 2019 11 12 AM To: Bob Choate <bchoate@weldgov corn>, Chris Gathman <cgathman@weldgov corn> Subject: Add a COA requiring partial vacation of old USR and amend Legal description to the pending RE lot? Esther E. Gesick Clerk to the Board 1150 O Street/P O Box 758IGreeley, CO 80632 tel (970) 400-4226 2 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 3 Selena Baltierra From: Sent: To: Cc: Subject: Chris Gathman Tuesday, March 12, 2019 4:27 PM Selena Baltierra Ben Frissell; Bob Choate; Esther Gesick; Isabella Juanicorena FW: Item of Correspondence for USR18-0102 From: Snapp - CDPHE, David <david.snapp@state.co.us> Sent: Tuesday, March 12, 2019 4:08 PM To: Ben Frissell <bfrissell-durley@weldgov.com> Cc: Ryan Brandt <rbrandt@nuorganics-Ilc.com>; Chris Gathman <cgathman@weldgov.com> Subject: Re: Request for a Call 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. Ben, You are correct. As long as manure that is imported to a site is destined for land application as a fertilizer or soil amendment, then the material would never become a solid waste. Thanks -David On Tue, Mar 12, 2019 at 8:58 AM Ben Frissell <bfrissell-durley@weldgov.com>wrote: All, To follow up on our conversation this morning, David, if I understood correctly, chicken litter can be imported to the site without violating the feedlots ability to act as a Conditionally Exempt Agricultural Composting Operation since the litter will ultimately be used for a beneficial use, correct? The litter can also be imported to the site without violating other sections the Solid Waste Regulations due to the waste being ag exempt and being used in a beneficial manner, correct? However, there may be a potential issue if the litter is stored outside of the drainage area for the feedlot and to ensure that the imported litter is added to the manure management plan for the feedlot. Additionally, the storage of the litter may cause a potential change in the nutrient management plan for the feedlot as well. I can check with Chad DeVolin about this as well and provide a separate email with those answers. Thanks, Ben Frissell 1 Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov corn 970-400-2220 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: Ryan Brandt <rbrandt@nuorganics-lIc corn> Sent: Monday, March 11, 2019 10 28 AM To: Ben Frissell <bfnssell-durlev@weldgov corn> Cc: Snapp - CDPHE, David <david snapp@state co us>, Chris Gathman <cgathman@weldgov com> Subject. Re Request for a Call l' Caution This email originated,frorn outside of Weld County Government Do not click links or open attachments unless you recognize the a sender and know the content 'is safe �,, x �;' yy+y .., r , v _ l v , t! ,. t , X ' _ 2 f.ii oa r i +� J k ♦.. f .. ... „n` .n.t.. �. w d Y+i5. °,..i _ ,. ' '4Y'4 s ! ry Ben and David, My business partner (Hamsa) will be attending this call since I will not be in cell phone range tomorrow I believe Ben is going to lead the discussion on the issue the County is trying to address and Hamsa can provide input as needed 2 Lets keep the same call in - 712-770-4700 (PIN 109770#) Thanks, Ryan On Thu, Mar 7, 2019 at 9 06 AM Ben Frissell <bfrissell-durlev@weldgov corn> wrote I will be out of the office starting this afternoon through Monday I will return Tuesday morning Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissellPweldgov corn 970-400-2220 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 3 1 action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Ryan Brandt <rbrandt@nuorganics-Ilc corn> Sent: Thursday, March 07, 2019 7 04 AM To: Snapp - CDPHE, David <david snapp@state co us> Cc: Ben Frissell <bfrissell-durlev@weldgov corn>, Chris Gathman <cgathman@weldgov com> Subject. Re Request for a/Call Caution This email originated from outside of Weld County Government Do not click links or,open attachments unless you recogmze,the 0 sender and know the content is safe ` , c Thank you for the quick response Lets pencil it in Ben - does that work for you? I am copying in Chris in case he wants to join as well Ryan On Thu, Mar 7, 2019 at 7 59 AM Snapp - CDPHE, David <david snapp@state co us> wrote Mr Brandt, I am available between 1 and 2pm on Monday for a call Let me know if that works Thanks -David On Thu, Mar 7, 2019 at 6 45 AM Ryan Brandt <rbrandt@nuorganics-IIc com> wrote Mr Snapp, I am going through the permitting process in Weld County to build a poultry litter pelletizing facility in a rural agricultural zoned parcel In working with the County and Ben Frissell in particular, we determined that it may be worth a call to you to discuss the project and how DPHE views the storage of raw litter through a third party transfer 4 We would like to set up a call with you at your convenience Are you available today or on Monday for a brief call? If so, please let me know a time and I will set up a conference call for the three of us Thanks in advance! Ryan C Brandt Partner NuOrganics LLC 612-616-6370 Sent from my phone Please excuse errors and brevity Ryan C Brandt Partner NuOrganics LLC 612-616-6370 Ryan C Brandt Partner 5J NuOrganics LLC 612-616-6370 David Snapp, Unit Leader Matenals Management Unit Solid Waste and Materials Management Program COLORADO Department of Public Health & Environment P 303 692 3425 I F 303 759 5355 4300 Cherry Creek Dnve South, Denver, CO 80246 david snapp®state co.us I https //www colorado.gov/pacific/cdphe Selena Baltierra To: Subject: Chris Gathman RE: English RECX18-0167 - for USR18-0102 From: Tim Naylor <tnaylor@agpros.com> Sent: Tuesday, March 12, 2019 4:27 PM To: Chris Gathman <cgathman@weldgov.com>; Angela Snyder <asnyder@weldgov.com> Cc: Ryan Brandt <rbrandt@nuorganics-Ilc.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com>; Doug English <denglish@wigginstel.com> Subject: English RECX18-0167 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. Chris Attached is the English Feedlot RECX18-0167 Conditions of Approval response and supporting documents including the Partial Vacation request letter. We are finishing the plat map and will submit as soon as it is available. Please confirm that the conditions as noted in the Staff Report have been satisfied. Regards Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com AG PRO fessionals DEVELOPERS VE LO}'EKS Ot• AGRI(.::i 1 tut 1 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 dwrpermitsonline@state.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be computer generated, typed or in black or blue ink. 1. Applicant Information Name of applicant ReNewTrient II, LLC Office Use Only Form GWS-45 (07/2013) Mailing address 33272 Oasis Road c t/ Center City State Zip code MN 55012 Telephone # (area code & number) 612-616-6370 E-mail (online filing required) rbrandt@nuorganics-Ilc.com 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ■ Industrial Municipal Irrigation Commercial Dewatering System Geothermal (production or reinjection Other (describe): 7. Well Data (proposed) 2. Type Of Application (check applicable boxes) • Construct new well Replace existing well Change source (aquifer) COGCC Well Use existing well Change or increase use Reapplication (expired permit) Other: 15 Total depth Maximum pumping rate Annual amount to be withdrawn gpm 75 (approx). feet 0.09 Aquifer Denver acre-feet 8. Land On Which Ground Water Will Be Used 3. Refer To (if applicable) Well permit # n/a Water Court case # n/a Designated Basin Determination # n/a Well name or # n/a 4. Location Of Proposed Well County Weld NW 1/4 of the SW 1/4 Legal Description of Land (may be provided as an attachment) Sanitary use for a temporary building. See attached deed. (If used for crop irrigation, attach a scaled map that shows irrigated area.) Section 8 Township 1 Nor S DTI ❑i Range 65 E or W S Principal Mendian S Distance of well from section lines (section lines are typically not property lines) See map Ft. from Pt N l S Ft. from E NW For replacement wells only — distance and direction from old well to new well n/a feet n/a Well location address (Include City State, Zip) direction Check if well address is same as in Item 1 19226 County Road 12, Hudson CO 80642 A. # Acres 3.58 B Owner English Feedlot II, LLC C List any other wells or water rights used on this land 4 wells located outside of the recorded exemption. 9. Proposed Well Driller License #(optional ): 10. Sign or Entered Name Of Applicant(s) Or Authorized Agent Optional: GPS well location information in UTM format required settings as follows: You must check GPS unit for Format must be UTM I I Zone 12 orlrI Zone 13 Units must be Meters Datum must be NAD83 Unit must be set to true north Was GPS unit checked for above'? I1 YES Easting 526195 Northing 4435112 Remember to set Datum to NAD83 The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign or enter name(s) of person(s) submitting application Ryan C. Brandt If signing print name and title Vice President Date (mm/dd/yyyy) 01/07/2019 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment) See attached deed of the 113 ac. property and recorded exemci Office Use Only USGS map name DWR map no. Surface elev B. # acres In parcel C. Owner 3.58 (recorded exemption) English Feedlot II, LLC D. Will this be the only well on this parcel" YES. NO (if no list other wells) Four wells located on adjacent lots to recorded exemption. E. State Parcel I D# (optional) AQUAMAP WE NR CWCB TOP() MYLAR Receipt area only DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., STE 821, DENVER, CO 80203 main: (303) 866-3581 http://water.state.co.us Form GWS-57 (10/2013) Application Receipt No. Applicant's Name: COMMERCIAL DRINKING AND SANITARY WELL WORKSHEET Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Name and Type of Business: ReNewTrient II, LLC 2. Is this application for a new well? Yes No If no, is this application for a change of use for an existing well? Yes Permit Number of well (if applicable) ■ No For wells used for drinking and sanitary purposes prior to May 8. 1972. a field inspection of the well to verify historical uses may be required. See form GWS-12 Registration of Existing Well and form GWS-12A Statement of Historical Use for further information. 3. Is the parcel the well is located on (or will be located on) within the boundaries of a water service area (water district, municipality, water company, etc.) or is water available from another source (such as a well)? Yes If yesindicate what this other source is ■ No (name of water district/supplier or well permit number) 4. Proposed type of disposal system to be used: Septic tank / absorption leach field Central System (district name ) Vault (location sewage hauled to:) portable toilets to be managed by pump Other (attach copy of engineering design) ■ O ■ 5. Water Demand Calculations (for average factors for water demand see below) Employees Number Employees of X Number per Employee of Gallons per Day X Number Works of per Days Employee Year = Gallons per Year 2.5 X 15 X 261 = 9788 Customers Number Customers of per Day X Number per Customer of Gallons X is Number Open of per Days Year Business = Gallons per Year 0 X 0 X 0 = 9788 Other Uses (Note: No uses outside of the building would be permitted for this type of well.) Type of Use X Gallons per Use per Day X Days per Year = Gallons per Year X X = 9788 Total amount of water required: = Gallons per Year (A+B+C) = 29364 A B C For wells used for commercial drinking and sanitary purposes on or after May 8. 1972. the total water demand cannot exceed 108.600 gallons (1/3 of an acre-foot) per year. For wells used for commercial drinking and sanitary purposes prior to May 8. 1972, the total water demand cannot exceed 325,900 gallons (1 acre-foot) per year. General Guidelines for Water Demand in Gallons per Day Day Workers at Offices — 15 gallons/person,'day Food Service Establishments (with toilet and kitchen wastes) — 10 gallons/patron/day Churches (does not include food service) — 5 gallons/seat/day Overnight Lodging — 50 gallons/customer/day On -Site Proprietor of Overnight Lodging (i.e. on -site owner of a Bed & Breakfast) — 80 gallons/person/day Additional water demand figures may be obtained from a private water consultant or from a technical reference on this subject. CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: THE SW 1/4 OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT FOR A STRIP ALONG THE EASTERLY BOUNDARY APPROXIMATELY 704 FEET IN WIDTH. CONVEYANCES (if none appear, so state): Reception No. 2611723 Reception No. 2611722 Reception No. 2430753 Reception No. 2082016 Reception No. 1539281 Reception No. 1501688 Book Book Book 1483 Book 1139 Book 617 Book 580 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 10th day of September, 2018, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO BY: Authorized Signature r� 1446e TIMPANY oI •lo•'P.q••• Ccio'alu 1275 58th Avenue Unit C Greeley, CO 80634 970.356.3551 e at O11 `MN°. No. 2611723 05/08/1998 01:08P Weld County CO 1 of 2 R 11.00 D 0.00 JA Sukl Tsukamoto HE huhi hUh olio umi iui 111111 0111111 THIS DEED, Made this 1 5 between ENGLISH FEEDLOT, INC. QUITCLAIM DEED day of 111.Q y .19 98 a corporation duly organized and existing under and by virtue of the laws of the State of Colorado , grantor, and ENGLISH FARMS, INC. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado , grantee. whose legal address is 14111 County Road ##2, Wiggins, CO 80654 WITNESS, That the grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS. the receipt and sutficicncy of which is hereby acknowledged, has remised. released, sold and QUITCLAIMED, and by these presents does remise. release. sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the • County of Weld and State of Colorado, described as follows: See Exhibit A attached hereto and by this reference incorporated herein. aso known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee. .ts successors and assigns forever. IN WITNESS WHEREOF; The grantor has caused its corporate name to be hereunto subscribed by its corporate seal to lx hereunto affixed, attested by its Secretary. the day and year first above written. Attest: ` `,.1111 id ikVe ,`', • I *LE Di. 0 ..'• y+ • . . -. , 4, c.,vsEAciQP 0 R4T� . SE • • 4/11 .. • � i • •• •• -St 0% a - ,��', 1. 0 ��,��' STATE OF COLORADO iii,t,saslsl by County of MORGAN Secretary The foregoing instrument was a_knowledged before me this DOUGLAS E ENGLISH TANA J' ENGLISH 1 My commission expyest, 41: ...‘.1/47,99 Witness my handanti¢f ialseaL' ` T d 9_ •If in Denver, insert "City.atd" ' 4 • 6TH i 55. day of MAX as as ENGLISH FEEDLOT, INC. t c • President. and its ,19 98 President and Secretary of a corporation. Sour) Pubic Name and Address of Person Creating Newt) Created Legal Descnption (4 3X-35.106.5. C.R S ... .lc 0 ("J''' Nu. 825. Rev. 4-94. QUITCLAIM DEED (Corporation to Corporation) Bradford Publishing, 1743 Waite St.. Denver. CO 80202 - (303) 292-2500 - 4-96 EXHIBIT A Hudson Irrigated Crop: The East One -Half of Section 8, a strip approximately 704 feet in width along the easterly boundary of the Southwest Quarter of Section 8, and that part of the North One -Half and the South One -Half of Section 9 lying West of the Seep Canal, all in Township 1 North, Range 65 West of the 6th P M , County of Weld, State of Colorado DENVER 0839719 01 rniiii iilli IIIIII flit i oil 11111 fliii, III iilli Iiii liil 2611723 O'J/0B/1998 01 08P W.ld County CO 2 of 2 R 11 00 D 0 00 JA Sukl Taukamoto I tat IIIIIIIIIIIIII9ISFI1ItIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r) C).iNo 2811722 06/08/1898 01 08P kold County CO 1 of 2 R 11 00 D 0 00 JA Sukl Teukamoto QUITCLAIM DEED THIS DEED, Made this (51— day of f?lc y 1998 between ENGLISH FEEDLOT, INC. a corporation duly organized And existing under and by virtue of the laws of the State of Colorado grantor and ENGLISH FEEDLOT 2, LLC corporation duly organized and existing under and by virtue of the laws of the State of Colorado grantee, whose legal address is 14111 County Road #2, Wiggins, CO 80654 WITNFSS, That the grantor for dnd in consideration of the sum of TEN ($10.00) DOLLARS the receipt and sufficiency of which is hereby acknowledged bas remised released sold and QUITCLAIMED and by these presents dots remise release, sell and QUITCLAIM unto the grantee its successors and assigns forever all the nghl title Interest chum and demand which the grantor has in and to the real property together with improvemaits If any situate, lying and being an the • County of Weld and State of Colorado described as follows See Exhibit A attached hereto and by this reference incorporated herein. aso known by street and number as assessors schedule or parcel number, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise the,rcunto vim -taming and all the estate tight, title, interest and claim whatsoever of the grantor either in law or equity to the only proper use benefit and behoof of the grantee its successors and assigns forever IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be hereunto affixed attested by sus Secretary the day and year first above written /West /� ter,'//1fQ ✓ (/ ti gECO� it,-Cf"f �h * F' ' C • ud, i s! ffir4t�PO4A +.10:'431 '',..`°IORI+0e Mr,rrrfn,,,,,,, STATE OF COLORADO County of MORGAN Secretary The foregoing instrument was acknowledged before me this by DOUGLAS E ENGLISH TANA J ENGLISH p I Witness my h My eommessi •If in Denver i ENG1„I$H FEEDLOT. INC. By ss 6TH day of MAY as as ENGLISH FEEDLOT, INC. N f Prides 19 98 President and Secretary of a corporation Notary Madre Name and Address of Person Creaune Newly Creased Lazo) Oesenpuw (I 38 33 106 s CRS No 825 Rev 4-94 QUITCLAIM DEED (Capooteoo to Corm ando) Bradford Publubina. 1743 Waite Si Drover CO 80202 —(303)292 2500-4-96 f �N(If en. i EXHIBIT A Hudson Feedlot: The Southwest Quarter of Section 8, Township 1 North, Range 65 West, of the 6`h P M , County of Weld, State of Colorado, EXCEPT for a strip along the easterly boundary approximately 704 feet in width 1111111 IIIIIIIIIII 111111 IIII lllllllllll 11� IINI Illl IIII 2 26 of 22R 11 0010 0.00 JR SukldTaukamoto� DENVER 0839457 01 i n'r , %rt' AI A42411115..1 ij __2430753 13-1483 P-1030 03/20/95 03:02P PG 1 OF 2 Weld County CO Clerk & Recorder WARRANTY DEED THIS DEED, Made this 15 $ day of March between ANSCHUTZ LAND & LIVESTOCK CO. general partnership .19 95 corparMion duly organized and existing under and by virtue of the laws of the State of Colorado grantor. and ENGLISH FEEDLar, INC. a corporation duly organized and existing under and by virtue of the laws of the State RFC DOC 10.00 130.00 of Colorado grantee. whose legal address is 14111 County Road 2, Wiggins, Colorado 80654 WITNE.SSETH, That the grantor, for and in consideration of the sum of One Million Three Hundred Thousand DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee. its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being to the • County of Weld and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. also known by street and number as: N/A TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, in in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right, title, interest, claim and demand whatsoeverof the grantor. either in law or equity, of, in and to the above bargained premises, with the hereditaments and appunenances. TO HAVE ANI) TO HOLD the said premises above bargained and described, with theappurtenances, unto the grantee, its successors and assigns forever And the grantor fur itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, it law, in fee simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, a.sscsunents, incumbranccs and restrictions of whatever kind or nature so ever, except general taxes and assessments for 1995 and later years; reservations, easements, rights -of -way, covenants and other restrictions and matters of record; and that certain farm lease dated October 1, 1984 with Arthur D. and Patricia L. Boyd, as amended. The grantor shall .and will WARRANT AND FOREVER DEFEND the above bargained premises in toe quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its coal-tu- read.-wt4Etad by +u— secretary, the day and year first above written. Attest - Secretary STATE OF COLORADO, County of ertart toees tttcexrerratr ANS`..H U LAND & LIVESTOCK 1-S'I LJ\..K CO er Thc foregoing instrument was acknowledged before me this f Sis‘s day of March Racal C. Rraly & Susar_ A. Spindler as Pr-csidentGeneral Partners of ,,,,i,,,,,'.1, e. \\ .de 2 Jti t't1{jl �K`` ��ht 3v iris �'Li / cJ '/ i !Vitnes-SeryChicOtand• pt*i� Sal. . 4�• •....•••''' e1' Or rr,A.n •1f in Denver, insert "City and". a Colorado general partnership. La -co L a v=im Notary Public , 19 95 ,hy Anschutz Land T.-40.1►efltief,r Name and Address of Person Creating Newly Created Legs Description ti 38.35-106.5, CRS.) No. 767. Rev. 6-92. 'WARRANTY DEED (Corporation to Corporation) Bradford Publishinx 1743 Waite St., Denver. CO 80202 — (303) 292-2500 — 8.93 t C!I 2430753 B-1483 P-1030 03/20/95 03 02P PG 2 OF 2 EXHIBIT A TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M. Section 8: 51/2 and NE1/4 EXCEPTING THEREFROM a parcel of land conveyed to Robert L. Wardell and Donna S. Wardell by deed recorded March 8, 1972 in Book 663 as Reception No. 1585199. of ALSO EXCEPTING THEREFROM a parcelconveyed to Dennis R. Weaver and deed land Kathyathy J. Weaver byrecorded May to, 92 in Rook 1337 as Reception No. 2289535. Section 9: NW1/4 and that part of the SW1/4 lying West of the Beebe Canal. EXCEPTING THEREFROM parcels of land conveyed to Farmers Reservoir and Irrigation Company by instruments recorded December 11, 1914 in Book 406 at Page 282, and recorded June 24, 1915 in Book 417 at Page 254. County of Weld, State of Colorado. I �- AR206201(, B 1139 REC 02082016 12/24/86 11:21 $15.00 1/005 F 2164 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED ANSCHUTZ LAND & LIVESTOCK CO., INC., a Kansas corporation ("Grantor"), whose business address is 2400 Anaconda Tower, 555 Seventeenth Street, Denver, Colorado 80202, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, warrants, grants, transfers, assigns, and sells to ANSCHUTZ LAND & LIVESTOCK CO., a Colorado general partnership ("Grantee") whose business address is 2400 Anaconda Tower, 555 Seventeenth Street, Denver, Colorado 80202, all of Grantor's right, title and interest in and to the real property, mineral interests, water rights, grazing rights and other property described on Exhibit "A" attached hereto and by this reference made a part hereof, said property being situated in Weld County, State of Colorado. Together with: (1) all other real estate, tracts, parcels, strips, gores or other interests in real property situated in Weld County, State of Colorado, and owned by Grantor, whether or not contiguous or adjacent to the lands described on Exhibit "A" or otherwise; (2) all water and water rights, ditches and ditch rights, wells and well rights, springs and spring rights, and reservoirs and reservoir rights of any type which are appurtenant to or historically used in connection with the real property described on Exhibit "A", including, but not limited to, Grantor's right, title and interest in and to the following: (a) all appropriated, conditionally appropriated, and unappropriated water (both tributary and nontributary), contained in, flowing on or available from any portion of the surface or subsurface of said lands, and all reserved rights and other rights not derived from state law; (b) adjudicated B 1139 REC 02082016 12/24/86 11:21 $15.00 2/005 F 2165 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and unadjudicated water rights, conditionally decreed water rights, rights existing under permits or other authorization issued by the Office of the State Engineer or other state agency; rights in designated groundwater basins; rights in nontributary groundwater existing by virtue of land ownership, and rights claimed under all changes of water rights, exchanges, and plans for augmentation (whether or not currently decreed or permitted); (c) all water rights represented by shares, contracts, or allotments of water claimed or used by Grantor in mutual ditch or reservoir companies, carrier ditch companies, conservancy districts or other water distribution organizations, and all other instruments evidencing a right to use, store or carry water, and all other rights to water claimed under a contract to which Grantor is a party (including without limitation any water allotment contracts with the Central Colorado Water Conservancy District); (d) all past and pending water right applications or other applications for judicial or administrative confirmation of the right to use water involving or in any manner appertaining to any water right described herein, and all rights established or adjudicated thereunder; (e) all personal property, fixtures, pipelines, pumps, casings, tanks, reservoirs, equipment, electrical power lines and other facilities, headgates, ditches, canals, tunnels or other improvements which are either now located in, on or under said lands, or which are appurtenant to or historically used in connection with said lands or the water rights described herein, and all other appurtenances thereto; and (f) all rights -of -way, easements, conduits or other rights of access which are appurtenant to or historically used in connection with the water rights described herein to the maximum extent necessary to allow the full use and enjoyment of such rights; (3) all royalties, overriding royalty interests, minerals and mineral rights and interests of any kind and -2- B 1139 REC 02082016 12/24/86 F 2166 MARY ANN FEUERSTEIN CLE character on, in, under and that may lands described on Exhibit "A" (incl' oil, oil shale, gas and other hydroc. resources, limestone, clay, gravel, (4) appurtenances (5) livestock and United States all buildings, improve relating to the forego all rights and privile other use of the publi or of the public lands which said rights or privileges are appurtenant to the lands described o which said lands qualify under exist regulations; and (6) all easements or right thereto or providing ingress thereto all other rights or appurtenances in, such property and interests. TO HAVE AND TO HOLD the abo interests, together with all appurte Grantee and its successors and assign This deed shall also pass al acquired title in the property descri all rights and claims which Grantor m pursuant to warranties and covenants its predecessors in title with respec transferred hereby. All property tra be subject to all encumbrances, miner rights of way and easements of record IN WITNESS WHEREOF, this dee 22nd day of December, 1986. Arawi 1. Malone cs4p 4,�aJy ANSCHUTZ By: -3- 11:21 $15.00 3/005 R & RECORDER WELD CO, CO be produced from the ding, but not limited to, irbons, geothermal cranium and coal); cents, fixtures and other ng; des for the grazing by domain lands of the of the State of Colorado, used upon, attached, or Exhibit "A,5 or for ng law, rules or of way appurtenant or egress therefrom, and under or relating to ve described property and nces thereto unto forever. of Grantor's after- ed above, together with fight have by virtue of or eceived by Grantor or to any of the property sferred hereunder shall 1 reservations, and all Hugh Vic has been executed this LAND & LIVESTOCK CO., INC. Braly sident B 1139 REC 02082016 12/24/86 11:21 $15.00 4/005 F 2167 MARY ANN FEQERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 22nd day of December, 1986, by Hugh C. Braly as Vice President and Dawn M. Malone as Secretary of Anschutz Land & Livestock Co., Inc., a Kansas corporation, on behalf of such corporation. "M1' eommassion - PU`� J 4ttt,tt,tl,l, Notary Public Address: 1700 Broadway, #1800 Denver, Colorado 80290 expires: :y) Cun:w:ss:on elves Jere 21, 1988 B 1139 REC 02082016 12/24/86 F 2168 MARY ANN FEUERSTEIN CLE EXHIBIT "A" (ATTACHED TO AND MADE A PART WARRANTY DEED DATED DECEMBER 22, ANSCHUTZ LAND & LIVESTOCK CO., AND ANSCHUTZ LAND & LIVESTOCK DESCRIPTION OF THE COUNTY OF WELD STATE OF COLORADO Township 1 North, Range 65 Section 8: Section 9: S 1/2 and NE NW 1/4 and t lying west o 1:21 $15.00 5/005 & RECORDER WELD CO, CO OF THAT CERTAIN 1986 BY AND BETWEEN INC., AS GRANTOR, CO., AS GRANTEE) PROPERTY est of the 6th P.M. 1/4 at part of the SW 1/4 the Beebe Canal Sate s Ookeedo, of the word putt wmme6NI8, RLM the add peat' of the II put, fee sad la an.Idastdos of the rem of Ili Dollars am other good and valuable consideration to tbo odd party at the first put 1hi load pa d by tee add parr at the wood pert, the receipt whereof le hereby confessed end admonlsd}sd, bee gadd, bop%d, sold and coazgod, and by those psaemf, deo goner, bind; sea. amity sal emnn., oto the add pub of the mood par, its bars and saran. ravens all the toOo.des delerlhol 14e a: wads diked, slants, $tea sad Inlet la the Mealy of Bald and eats d t:elomdrr te-wlte T. 1 N.._R. d$ � 6ti Notion Hs Hgfyl� Inlig Section 9s and that part of the Sind hying vest of the Beebe Renal together with till buildings and ifproveaoate erected on said binds, all eaaessnts or rights of we; appurtenant thereto or provide ingress or egress thereto, all title of the party of the first pert in any stripe or parcels of real estate adjoining or contiguoua to said lanai, sad all teeter rights, storage rights, wall rights or intereete or stook in reaerrodr or ditch omglaniespeeeatly coed in connection with said lands or appurtenant thereto. (Subject to Ab fore to Agreement H. Ball sad Lena of oppee1� rty dated 12/1/68 by and be Pied B. sonerirta glib ell and angular the asap awb ad ,ppo.lasoma thereto helaegter, or In anywise appat blur, end the reraefoa and ear.rsoss, asdader end amealolerq amts, lase and proata thereof; and all the sataty dolt, Ma, le{orset, dui= sad d=ead wl beeper of the alit pu4y of the glut pad, either la lay or equity, of, to and to the saws thrashed paeia e, 'Oh the basdltaaata sat .ppateseeed TO HATE AND TO MOLD the geld prigkeLtamteriedaed..a iesullhai tlb the appartsn•scat onto the said pup d the meant par, its sedges forever And the Wet party of the tint put, for hap% _bin hero emwhmo, red abelacement, grant. bupin, sod to end wi h the add party et the sand pa, its saamgse that at du time of the eased - log and dollen, of theca pre rto he is sap .sled of the prangs then ean•sy.d, se at god, we. perfect, absolute end ldataslble mats of Inheritance, In kw, to tee slap%, sad be good rig;, tap parer and livid selheeity to event, Wade, all ad soavey Iba ease la ma=r sad tern se aforesaid, and that the ome eta tree .ed sloe toa all former and ether anents, bsrgts., salsa Ilan. ta=r, ewsa>mota and nembesuer of 'MUM HMI w WWI loom, esoept rights of say and mineral reeer►atione of mcord, and the thole b.rgelsd prude= to the quiet ad p.essM% pesoeudoo of Ito cold party of the second pert, its bars tad mime siolest all and tray pane or persons awfully d %hung or to delis the whole or any put thereat, the mold pull of the fret pat obeli and will WARRANT AND ?OREpMR DEPEND IN WITNESS WNBRROP, the said pup of the fad pert be Missile eat hate hand and sat the day and year first abase mitten _ _ :C v3tr , • CJ' 1-7 :ll t.s t k; y4 n'. / so Recorded at 1? __o'clock c74 tot,.. —,M eooK580 _�, _.,1i� Reception No111(1;7)!3 ... _ IITins DEan, brad. title 20th day of March as I ',omen DAVID G. GORDON, also known as jI D. C. GORDON c 1I of the Ci a, I County of Denver end SLR of Colorado, of the first part, co ,1 FRED B. ANSCHUTZ nof the City and County of Denver and Eta v—INI I Colorado, of the eeeond part' ,..,; W ' WITNESSETn, That the Bald part of the fleet pert, for and Itren nnllara and other good and valuable con , to the Bald party of the Bret part in hand paid by old early R 291967 NY. WHO . Recardor 1t hereby coofeocd and acknowledged, ha S granted, bargained, meld an grant, bargain, sell, convey and confirm, unto the Said part y of tit 67 y an of n conelderotlon of the tam of ideration x8Dlafaialx of the mood port, the receipt whereof le , conveyed, and by then promote does eewnd port, hisheln and eulgne for- ever, all the following described lots or parcel S of land, eltua •, lying and Wag to the County of Weld and Stole of Colorado, to wits T. 1 N R. 65 W 6th P M. act on an 1 Section 9: NW} and t lying wee 'together with all buildings and improvement 'fall easements or rights of way appurtenant (,ingress or egress thereto, all title of the 'Iin any strips or parcels of real estate adj Isaid lands, and all water rights, storage r lintereats or stock in reservoir or ditch co connection with said lands or appurtenant t at part of the SW4 of the Beebe Canal erected on said lands, hereto or providing party of the first part ining or contiguous to ghts, well rights or anies presently used in ereto. TOGETHER with all and e,ngutor the heredllementa end sppurto aveea thoroto balonglog, or in eoywlue appertalnlog end the reunion mad reversions, remainder and remainders rents, luter and profile thereof, and all ' the estate, right, Ude, Interest, claim and demand whoteoevcr of the sold • out y of the fleet pert, either to law or equity, of, In and to the above bargained promise, with the hereditame to and appurtenant, TO HAVE AND TO UOLD the said premlae above bargained and d earthed with the appurtenance, unto the I' cold put y of the second Part, his hairs and aaelgee forever A. d the aid may of the fleet part. II for him £, his heir,, executor,, and odminlabutan, do es c•vaaant, grant, bargain, and agree to and with the said party of the second part, his heirs and muffins, that t tho Unto of the tousling and delivery t of them proems, he is well embed of the premises above convey •, ae of good, auto, perfect, aborluto and Indnfcuibfa state of Inherltanee, In Welk ho eleoplo, end ha 9 ga. d right, full power and lewfol authority la gsaat, bargalo, Ell and convey the name In manner and form es afore, W, end that the memo are holm! Blear from all former and other grants, borgelm, ulu, Rene, farce, omen= and encumbrances of whatever kind or naturoaoeer, except the lien of real property taxes for the year 1967, payable in 1968, and rights of way and min ral reservations of record, and the above bargained premises In the quiet and peaceable possession of his helm and oeelgns against all and every person or persons ar any part thereof, the add port of the Strut pert shall and will IN WITNESS WHEREOF, the add party of the flint pert hop and oral the day and year first oboes written 41104, e wild party of the second port, II wfully claiming or to elate the whole I ARRANT AND FOREVER DEFEND I' hereunto .othis band F (SEAL) DAVYb-C. BB N;'alu o k own ae D._C. Cor.on STATE OFIIDOKIElLR, Hawaii 1 County of 'isX\ u. Jsa 1 Ulf Imtrument woe acknowledged borate coo Mom(� ��, day of March l8 11' ml'! 1AV1D C. GORDON, also known as D. C GORDON. I A. IVY •' , eaplree "Nou 13 , , It 7 • Wttne, my band and official sal r t?11�Z1r. a�dtLl��„ • I, N �+ ►tr Coocld.e , \t\ 0.1t1r7l) No. Rl . WARRANTY Darn -0.r 1'GbmeW g,,.rL—Ors Ia.rd Voll,hl., W, tile II alwl ul,.,s a Wats& / -I wNn , __ 71 mun Pull. . _ _ (SEAL) 11 (SEAL) �I I� II 11 ,I FIRAID ill A.• • n Intended Use The well will be used for the purposes of supplying domestic water for sanitary use and drinking water use There will be no showers or food preparation at the site The site where the well will be placed is located on a proposed recorded exemption, which is a newly created lot for the purposes of supporting the uses of the lot ReNewTrient II, LLC is proposing to install equipment to pelletize poultry litter by building an approximate 50' x 100' building and using the water for employee's domestic use The facility is expected to have 2 5 personnel on site for an 8-10 hour shift with transient personnel (truck drivers) Although there are four other wells owned by English Feedlot II, LLC, no wells exist within the boundaries of the newly created lot (i e recorded exemption) RENEWTRIENT II, LLC. RECORDED EXEMPTION MAP 19226 WCR 12, WELD COUNTY CO 799 ACRES OWNED BY MARYLOU GREEN PARCEL NUMBER 1147307100032 ' ROWLES CANAL ROAD OWLES CANAL 346 ACRES OWNED BY MONICA ROSE AND GUADALUPE CHAVEZ PARCEL NUMBER 147307400037 �99ACRE5 111 YMED BY MARRNA AND FRANSICO TORRES PARCEL NUMBER 147307400002 I 2 5 ACRES OWNED BY MARTINA AND FRANSICO TORRES PARCEL NUMBER 147307400001 r 80 B ACRES OWNED BY DANIEL CURTIS STEWARD PARCEL NUMBER 147307000019 799 ACRES OWNED BY MARY LOU SPINDEN PARCEL NUMBER 147306000013 808 ACRES OWNED BY BLAS AND MARY CHAVEZ PARCEL NUMBER 147308000014 ACCESS POINT FROM WCR 101 WCR1012 N891T0SE 1940 38 SRE 300 BUFFER FROM /! 358 ACRE SITE (PROPERTY NEAREST IRRIGATION WELL ! OR RECORDED EXEMPTION) 114 ACRES OWNED BY ENGLISH FEEDLOT 2 LLC PARCEL NUMBER 147308300011 S89'32 57N4 7040-- 975 ACRES OWNED BY ANRA ROSSI PARCEL NUMBER 147318000057 WCR 10 93 6 ACRES OWNED BY SUPERIOR TURF FARMS INC PARCEL NUMBER 147317000057 1892 21 WCR 10 595 ACRES OWNED BY SUPERIOR TURF FARMS PARCEL NUMBER 147317000023 360 ACCESS EASEMENT 60 0 TURN RADIUS TO ACCESS FROM WCR 41 355 ACRES OWNED BY ENGLISH FARM INC PARCEL NUMBER 147308000012 91 ACRES WNED BY WAYNE AND LARRY FLEMING PARCEL 147317000025 18.2 ACRES WNED BY WAYNE AND JOANN DUNKER 1 PARCEL 147317(00053 ...,r0 150 ACRES OWNED BY JASON AND MELISSA BELL PARCEL 147317000047 3 8 ACRES /OWNED BY GARCIA SALVADOR PARCEL 147317000038 W 500 1000 N S E 2000 3000 (IN FEET) 1 Inch = 1 000 ft LEGEND 1 FOUND SECTION CORNER PROPERTY LINE ADJACENT PROPERTY LINE EASEMENT SHEET 1 OF 1 DATE 2018.10 04 JOB NO 18-077 )\LTITUDE LAND CONSULTANTS JvulsumtAillnoinftio.Anuscilet 3461 Revelry CL Sude 125 Denver CO 80216 inlo@alot4Celandco corn AlSaldeLardCotom 1 ReNewTrient II, LLC Proposed Site Layout S0' x 100' Pellet Building (with apron) RNII Finisned Product Storage Approx. 270 feet 1 I. L. Y .-V fir. !. , . ' .a •..a} - • - M/�. ....P. •. \ l' IC' ilk. rip aR • - % c 4 - '— �• • .N_. .-s + -• ,... . - v.. a . _ - _ Y ♦ Proposed Well Location on Recorded Exemption Lot English Feedlot II, LLC (113 acres) Proposed Well Location Details (red marker on map) Zone Easting Northing 173 ;26194.6 443S 112.3 V Latitude/Longitude (WGS 84) Latitude 40.065867 Degrees Minutes Seconds Degrees Minutes Seconds 40 3 5 7. 1 -104 41 34.2 Longitude -104.692842 V Public Lands Survey System (PLSS) Q40 Q160 Section NW SW Township Range 1.0 N 65.0 W PM S VRBoundary Information Division 1 Water District 2 Designated Basin Outside Management District Outside Nov 1518, 03 19p English Feedlot 970-483-6104 From Agpros 1 970.535 9854 Thu Nov 15 14 54 31 2018 MST Page 1 of 2 p1 COLORADO DIV151ON OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERf AN ST, Rill 821, DENVER, CO 80203 Ma- n '303)865 3581 r v rp_•n JsonlinP1w trrc; c tt !s GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form The fo m must be computer generated, typed or in black or title ink 1. Applicant Information Name o fill)Irier EVGL(SH FEEDLOT 2 LLC (DOUG ENGLISH) 'd a ng aluress 1411 CR 2 c Iy N!l G G'NS 7etaprgry y .qs tone b n„mbe. ) Slate Zto code 1C0 80654 E mat[ lo'Mne it ng reg.ilredi ❑ Industrial ❑ Municipal ❑ Irngatton ® Commercial Orrice Use Only ! rum GV S-45 (07/2013) 6 Use Of Weil (check applicable boxes) Mach a detailed descrlpl on of uses applied for ❑ Oewatering System ❑ Geolliernlel (production or rein ection O Other (describe) 2 Type Of Application (check applicable ® Corstruct new well O Replace existing well �] Change source (aquifer) Q COGGC Welt 3 Refer To (if applicable) avai rrllt -- - - DCSyndl.d Baon Dal ermnatlone boxes) ❑ Use existing well ❑ Change or Increase use ❑ Reapplication (expired permit) ❑ Ogler I -Ware caw cae. 1 Weil rome or a 7 Well Data (proposed) nlan1n411 IV sent/ 15 Total deal, 125 gpm i''nnlre'anioJn.I0W ,,brrrave. 4�3 rgrrrat feet ALL UNNAMED acre feel 4 Location Of Proposed Weil couray WELD _NTana( NIA'tit el ulo SW u+ 5tc.4ai Ib.nihp ea S � Ea W-Pacpal Mardiae 8 h 1 `III '65 fl © 6TH DesianCC el yeti Rim aerJ'olt Mos (a..cllorl Wes ale lye cal, tat Dropsy iltea) Fc I rvt l NI S Ft 4orrelE ❑W Fei vplaronlmi)tc lso'ay- iwnct aed dreG<or rmnetd well 10 new well - feet direction Will locdtoa ?slam Iii hale Cr) Sta. 791 OC',ect Itwtit ar:d•a_as It saw n.,n llairI Optional GPS hall Jltr_aiun illlnlolalron In UTM format You mual check GPS ota tar Amoiree &sages as renOws Fauna mast be UT!? Vow 17uIJr]tera13 Urals n,as. be htelet& Datum muse ly N4000 that ml. et ac we runt. was GPS unit -aerMd ter above? OYES I Ea ON 525839 INodhmg 44349O4 I Remember to set Datum to NADB3 5 Parcel On Which Well Will Be Located IPLEASE ATTACH A CURRCNT DEED FOR THE SUBJECT PARCEL) A Legal 0eec•Iptrotl Irailoapiorldedaspr'arlachrerq B a -f asresin pmuC• f C Oster 10 )DOUG ENGLISH D WdllemabpDromy r.tlreYe. paceP Q+ESE] NO41naIntother wan1 E Stale Pdr.el IN 0pbbnail 8 Land On Which Ground Water Will Be Used Legal Descrtp'lon of Land (rn y he prowled as an allaclanne u) f if used for crop 1•rlgollan attach a scaled crap Thal snows I again are., A e Nun i 8 O nee 1 ai M/ at ter vela W wet" lr,nla aspl an pyjama.. 9. Proposed Welt Driller License 11(opllonal) 1461 10, Sign or Entered Name OfApphcant(s) Or Authorized Agent The making of false statements herein consldutc t, perjury rn the seco id degree which Is ' unlsheble as a class 1 misdemeanor pursuant to C R S 24 4-104 (13)(a) I have read It e statements herein know the contents thereof and slate that ibex are [rut to my krowled9P Slynnccrania name(Gl o1 putter' 1) when r ngepgmion J �V Y 1r algani pmt i 1 w p . Ilila DOUG ENGLI (OWNER) Office Use Only IiSOSnio. ne3 ' Dale treennldJ wyi 11--14-VS [TAM map lie turraeo elev Receipt area only AQUA? MP. WE wR Cwc9 roPO MYI.\Y see DN _, 'ND_ BA _ - AGPROfessionals DEVELOPERS OF AGRICULTURE March 12, 2019 Mr. Chris Gathman Weld County Planning and Building Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Partial Vacation of SUP -68 AGPRO Project #1516-10 Dear Mr. Gathman, English Feedlot 2, LLC is requesting the partial vacation of Special Use Permit SUP -68, which currently encumbers parcel no. 1473 083 00011, being part of the SW4 of Section 8, TIN, R65W of the 6th P.M. A 4 -lot recorded exemption, case no. RECX18-0167, is currently in review to divide the above described parcel into four parcels. English Feedlot 2, LLC is requesting that SUP -68 be vacated from Lots A, B and C of Recorded Exemption RECX18-0167. After the partial vacation, SUP -68 will encumber Lot D of Recorded Exemption RECX 18-0167. Please contact me at (970) 535-9318 or tnaylorkbagpros.com if you have any questions. S incerelyi Tim Naylor Director of Operations ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Suite 200 O Greeley, CO 80634 970.535.9318 /office O 970.535.9854 / fax O www.agpros.com AGPROfessionals DEVELOPERS OF AGRICULTURE March 12, 2019 Mr. Chris Gathman Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Subject: RECX18-0167 AGPRO Project # 1516-10 Dear Mr. Gathman, This letter is to verify the conditions of approval for RECX 18-0167 have been completed prior to recording the plat. The following conditions of approval have been met as shown with the submitted documentation. Please forward the information to the corresponding departments for their review. A. The Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. Septic systems will be installed in accordance with setback requirements found in the Code. B. There is a Use by Special Review Permit, SUP -68, File Location PL1221, for a feedlot in the A (Agricultural) Zone District. This USR currently encompasses proposed Lots A, B, C and D. A partial vacation of SUP -68 is required. The boundaries of the SUP after the partial vacation will only encompass Lot D. This is an unplatted SUP so a written request to partially vacate the USR will suffice. A written request to vacate a portion of SUP -68 has been submitted. C. Evidence of an adequate water service is required for each lot. For Lots A and C indicate a proposed water source in the event a permanent water source needs to be provided in the future. See attached well permit applications for Lots A and C. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67°' Avenue, Suite 200 O Greeley, CO 80634 970.535.9318 /office 0 970.535.9854 / fax 0 www.agpros.com Page 2 of 2 D The applicant shall address the concerns of the Division of Water Resources, as stated in the referral response dated January 30, 2019 The wells associated with the property will be used in accordance with described uses as requested by the DWR in referral response dated January 30, 2019 E Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way Noted F Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code Net acreage calculations should not include future road right-of-way Noted G Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include future road right-of-way Noted If you have any questions, please contact me at (970) 535-9318 Thank you, Tim Naylor Director of Operations Encl 1 Well permit applications 24 -Jan -2019 15'50 +19705359854 p.1 AGPROfession ais nt rik),rx.l;s ',GM IQ( I'111: January 22, 2019 To Whom It May Concern English Feedlots 2, LLC is working with AGPROfessionals to process work related to a Weld County Recorded Exemption AGPROfessionals is authorized to represent and request the release of all records necessary on the behalf of English Feedlots 2, LLC We respectfully request that all correspondence be directed to AGPROfessionals Sincerely, English Fe dloks)2, LLC c/o Doug nglis , registered agent Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Suite 200 ❑ Greeley, CO 80634 970 535 9318 /office 0 970 535 9854 / fax 0 www.a pros.com Selena Baltierra To: Subject: Chris Gathman RE: English Feedlot & Chicken Litter From: Ben Frissell Sent: Wednesday, March 13, 2019 9:43 AM To: Chris Gathman <cgathman@weldgov.com> Subject: FW: English Feedlot & Chicken Litter Can you add to the record. I think this satisfies potential questions related to ability to bring litter to lot D/ feedlot. Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 ,sviµ1M 10 aro PH AB ,.w 1.woac- p.. 4.�..... 4%pit(ipA00% Si tai r 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: DeVolin - CDPHE, Chad <chad.devolin@state.co.us> Sent: Wednesday, March 13, 2019 9:40 AM To: Ben Frissell <bfrissell-durley@weldgov.com> Cc: Chris Gathman <cgathman@weldgov.com>; rbrandt@nuorganics-Ilc.com Subject: Re: English Feedlot & Chicken Litter 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. Ben, Yes, I agree with your summary. The only thing I wilt add is that the facility's surface and groundwater protection requirements will change depending on how many head they have confined. Currently, with no animals on site, the Ag Program's expectation is that the facility implements Best Management Practices to limit impacts to surface and groundwater. However, if headcounts exceed medium AFO thresholds or CAFO 1 thresholds, the facility must implement the more stringent surface and groundwater protection requirements outlined in Regulation No 81 Thanks, Chad DeVolin Environmental Agriculture Program Manager COLORADO Division of Environmental Health & Sustainabilrty Department of Public Health & Environment P 303 692 3520 I F 303 782 4969 4300 Cherry Creek Drive South, DEHS-A2, Denver, CO 80246 chad.devolin@state co.us I www colorado.gov/cdphe/cafos 24 -hour Emergency Incident Reporting: 1.877.518.5608 On Wed, Mar 13, 2019 at 9 22 AM Ben Frissell <bfrissell-durlev@weldgov corn> wrote Chad, Thanks for taking the time to discuss the English Feedlot chicken litter storage project with me today To follow up with our conversation, the CDPHE's Environmental Agriculture Program does not have issue with any amount of litter being stored on the English Feedlot site as long as Best Management Practices, related to manure management, are followed Additionally, since the SUP (Special Use Permit or USR) permit will remain in place allowing for more head than what would be considered a Use By Right (UBR), even though no animals are currently being held there, the site will still need to contain contact water in a suitable fashion This is mainly due to the language for CAFO/AFO facilities indicating if the site plans to, does, or has housed animals then contact water is required to be managed appropriately This can mean that the litter sits inside an area that was designed for manure and that contact water drains to the facilities pond Does this sound correct? Is there anything I am missning? Ryan, The one item we (EH) would like to see, is how the litter is complying with the above statement including any additional items Chad may have Thank you, 2 Ben Fussell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfussell@weldgov corn 970-400-2220 ulnob/ i y k 4 caurY,=i 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 3 EXHIBIT AMENDED AND RESTATED REAL ESTATE LEASE AGREEMENT b S v1/4.5�'6-O\Oa THIS AMENDED AND RESTATED LEASE AGREEMENT ("Lease"l is made and entered into effective this 2nd day of October, 2018, by and between English Feedlot II LLC, a Colorado limited liability company ("Landlord") and Farm Nutrients, LLC, a Minnesota limited liability company ("Tenant"). 1. 2. 3. LEASE OF PREMISES 1.1. Lease of Premises. Landlord leases to Tenant, and Tenant leases from Landlord, on the terms and conditions set forth in this Lease, the premises located on Weld County Parcel No. 147308300011 near Hudson. Colorado and described on I',xhi hit A ("Premises"), TERN, 2.1. Initial I erm. The Premises are leased to Tenant commencing on the execution date of the lease ("Commencement Date") and ending 60 months ("Initial Term") after onsite construction starts on the hoop barn located on the recorded exemption parcel operated by ReNewTrient II ("Expiration Date"). Notwithstanding the foregoing, Landlord and Tenant acknowledge that the Expiration Date may change in the event the Lease is extended or terminated in accordance with the provisions of this Lease. 2.2. Renew‘ al Term. Tenant shall have the right to renew this Lease subject to negotiation for up to two (2) successive three-year terms (each a "Renewal Term" and, collectively \\ itli the Initial Term, the "Lease Term") by providing written notice to Landlord no less than 30 -days prior to the end of the Initial Term or Renewal Term (as the case may be). 23. Right of Earl Termination. At Tenant's election, and notwithstanding anything in this Lease to the contrary, Tenant may terminate this lease agreement at any time, either during the Initial Term or during any Renewal Term thereafter, upon the giving of thirty (30) days prior written notice to the Landlord, without any liability hereunder. RENT 3.1. Base Rent. Tenant shall pay to Landlord base rent for the Premises ("Base Rent") as set forth below. Base Rent shall be payable in equal monthly installments, in advance, commencing on the Commencement Date and continuing on the first (1') day of each subsequent month until the Expiration Date. In the event that the Commencement Date falls on any date other than the first (1") of the month, Base Rent for the first month shall be prorated based on the actual number of days included in such month. Base Rent shall be paid without setoff, deduction. demand or counterclaim of any nature whatsoever. Applicable Period First 12 months Lease Year 2 Lease Year 3 Lease Year 4 Lease Year 5 Annual Payment Monthly Payment $24,000 $2,000 $30 ,000 $2,500 $36,000 $3,000 $42 ,000 $3,500 $48,000 $4,000 3 2 Additional Expenses Tenant shall be responsible to pay directly all taxes related to (a) Insurance, (b) utilities and (c) any incremental improvements as set forth in this Lease Additional expenses shall be paid directly by Tenant to the applicable collecting authority or utility provider JNSURANCE 4 1 Liability and Hazard Insurance Tenant shall procure and maintain insurance, at its own cost and expense, containing such terms, coverage amounts and endorsements as are commercially reasonable Landlord shall be named as an additional insured and Tenant shall provide Landlord with evidence of such insurance upon the Commencement Date and upon request of Landlord Tenant shall be responsible for insuring all personal property owned by Tenant and used at the Premises 4 2 Other Insurance Tenant shall procure and maintain, at Tenant's expense, any and all other insurance which may be required as a result of Tenant's business operations within the Premises Such other insurance includes, but is not limited to, worker's compensation and auto insurance TAXES. ASSESSMENTS AND UTILITIES 5 1 Utilities Tenant shall be liable and agrees to pay the charges for all public or private utility services rendered or furnished to the Premises, including, but not limited to heat, water, gas, electricity, sewer and sewage treatment facilities 5 2 Taxes and Assessments Landlord agrees to pay all real property taxes and special assessments and municipal or government charges, general and special, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, imposed or assessed against the Property Tenant shall be responsible for any and all personal property taxes associated with its activities on the Premises 2 6. SUBLEASING OR ASSIGNMENT 6 1 Assignment and Subletting Tenant shall not assign, sublease, sell, transfer or mortgage its interest in this Lease without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed Notwithstanding the foregoing, Tenant shall have the right to assign or sublet any or all of the Premises to an affiliated entity with the consent of Landlord 7 ALTERATIONS. REPAIRS AND MAINTENANCE 7 1 Alterations and Improvements Tenant shall have the right, at Tenant' s sole cost and expense, to make alterations or improvements to the Premises, provided that (a) Tenant obtains any and all necessary governmental approvals and permits that may be necessary for the completion of such work, and (b) such alterations and improvements comply with all applicable regulations and laws 7 2 Duty to Repair and Maintain Tenant covenants and agrees to keep and maintain the Premises and its Personal Property in good order, condition and repair Tenant agrees to keep the Premises and Personal Property in as good condition and repair as they were as of the Commencement Date 7 3 General Maintenance Tenant shall be responsible, at its sole cost and expense, to coordinate snow removal, land scaping, maintenance and repair of the Tenants Access Road as defined in Exhibit B Tenant shall provide equipment and labor for grading, smoothing and maintaining Shared Access Roads to the leased property as reasonably required, as defined in Exhibit B 7 4 Landlord's Maintenance Responsibility Landlord shall be responsible for procuring and delivering any additional Class V or material for Shared Access Roads that reasonably impacts Tenants operation 8. LIENS 8 1 Liens not Permitted Tenant shall not do anything or cause anything to be done whereby the Premises or Personal Property may be encumbered by any mechanic's or other material liens If a lien is filed against the Premises purporting to be for labor or materials furnished or to be furnished to the Tenant, the Tenant shall remove the lien of record by the payment or by bonding with a surety company authorized to do business in the State of Colorado, within thirty (30) days from the date of the filing of said mechanic's or other lien Should the Tenant fail to take the foregoing steps within said thirty (30) day period, the n the Landlord shall have the right, among other things, to pay 3 said lien without inquiring into the validity thereof, and the Tenant shall immediately reimburse the Landlord for the total expense incurred by it in discharging said lien 8 2 Pro ect Financing For the purposes of clarity, Tenant shall be allowed to pledge the Lease as collateral for obtaining normal -course loan finance for the project, or as otherwise required by Tenant for its general financing 9 1 Permitted Use Tenant may use the Premises for the storage of raw poultry litter 9 2 Prohibitions Tenant shall not store any goods or merchandise or use the Premises for any purpose which will in any way impair or violate the requirements of any policies of insurance on the Premises 9 3 Compliance with Laws Tenant shall comply with all federal, state and local laws and regulations either now in force or which may hereafter be in force, pertaining to the Premises 9 4 Hazardous Substances Tenant warrants, represents and agrees that its use of the Premises and the operation of its business thereon, shall not violate any applicable federal state or local environmental regulations (collectively, "Environmental Regulations"). Tenant represents that it will obtain, and shall continue to maintain, all permits, licenses or similar authorizations that may be required by Environmental Regulations to conduct its business at the Premises Tenant ful lher represents that Tenant 's use of the Premises will not result in the disposal, discharge, emission or release of any hazardous substance in any quantity on or about the Premises in any quantity that will violate applicable Environmental Regulations Tenant shall indemnify, defend and hold Landlord harmless from and against any and all costs, liabilities and claims related to the release or threatened release of any hazardous substances during the Lease Term Land lord shall indemnify, defend and hold harmless Tenant for any environmental hazards that occurred prior to the start of this Lease SIGNS SUBO RDINATION: ESTOPPEL CERTIF ICATEAND OUIET ENJOYMENT 11 1 Subordination Landlord reserves the right and privilege to subject and subordinate this Lease at all times to the lien of any mortgage or mortgages now or 4 hereafter placed upon the Landlord's interest in the Premises provided that such subordination does not disturb the possession or other rights of Tenant under this Lease Tenant agrees to execute and deliver, within ten '(10) days after written request from Landlord, such further instrument or instruments as may be required by Landlord 's lender to subordinate this Lease to the lien of any such mortgage as shall be desired by Land lord so long as such subordination agreement conforms with the requirements of this section 112 Estoppel Certificates Either party to this Lease will, at any time from time to time, within ten (10) after written request from the other patty, execute, acknowledge and deliver to the requesting party a statement in writing certifying that this lease is unmodified (or modified then disclosure of such modification shall be made) and in full force and effect on the date to which the rents and other charges have been paid, and stating whether or not said party has knowledge of any default hereunder on the part of the other party in the performance of any covenant, agreement or condition contained herein and if so, specifying each such default, it being intended that any such statement delivered pursuant to this Sect ion may be relied upon by any prospective purchaser, mortgagee or holder of a deed of trust of the Premises or any assignee of any such party 11 3 Quiet Enjoyment If and so long as Tenant shall pay Base Rent required by this Lease and shall perform and observe all the covenants and conditions contained in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord, or anyone claiming by, through or under Landlord, or any mortgagee thereof RIGHT TO INSPECT 12 1 Landlord's Access The Landlord reserves the right to enter upon, inspect and examine the Premises during business hours provided that Landlord has provided Tenant twenty-four (24) hours written notice of Landlord's intent to do so Notwithstanding the foregoing, in the event of an emergency, Landlord shall have the right to access the Premises at any time without notice 122 For Rent Notices Within one hundred eighty (180) days prior to the Expiration Date, Tenant agrees to allow Landlord reasonable access to the Premises to show the premises, and to place "for rent" signs on the Premises NON-LIABiLIT Y II Non -Liability Landlord shall not be liable for damage to any property of Tenant or of others located on the Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise Without limiting the foregoing, Landlord shall 5 not be liable for any injury or damage to persons or property resulting from any natural or unnatural cause including, but not limited to, fire, explosion, gas, electricity, water, rain, snow or dampness or by any such dam age caused by occupants, other than Landlord or its employees or agents, of the Premises or adjacent property, or the public or caused by operations in construction of any private, public or quasi -public work Landlord shall not be liable for any latent defect in the Premise s M Indemnification and Hold Harmless Tenant shall indemnify and hold harmless Landlord from all claims for injuries to persons and damage to property arising from use, misuse or occupancy by Tenant, or anyone claiming through or under Tenant, of the Premises, and will pay and discharge all judgment and claims or otherwise against Landlord resulting therefrom, no loss shall be borne by Landlord, and also including all claims for injuries to person and damage to property arising from Tenant's use of any entrances, adjacent sidewalks or other portions of the property upon which the leased Premises are located , or any failure of Tenant to comply with the laws and regulations of the State, County or City wherein the Premises are located or any failure by Tenant to keep, perform and observe each and every covenant, term and condition to be performed by Tenant under this Lease Tenant will assume the burden and expense of defending all such claims and suits (with counsel reasonably acceptable to Landlord) whether brought before or after expiration of the Term TENANT'S DEFAULT 14 1 Tenant's Default The following shall be considered Events of Default by the Tenant under this Lease (a) Rent Upon 10 business days' notice by Landlord for failure to pay Base Rent within twenty (21) days of the date that such Base Rent is due, (b) Bankruptcy The adjudication of the Tenant as bankrupt or the appointment of permanent receiver or trustee in bankruptcy for the Tenant's property, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment 14 2 Landlord's Remedies In the event of any such uncured default by Tenant, after notice, if so required, and at any time thereafter, Landlord may, at its option, exercise of any other right or remedy it may have on account of such default, and without any further demand notice (a) Termination Terminate this Lease and provide written notice to Ten ant to remove all property within 60 days 6 15. LANDLORD'S DEFAULT 15 1 Landlord's Default Landlord shall be deemed to be in default under this Lease if Landlord fails to comply with any condition of this Lease within thirty (30) after Tenant provides written notice of such failed condition to Landlord, provided however, that Landlord shall have such longer period of time as may be reasonably necessary to cure the default so long as Landlord proceeds promptly to commence the cure within the said thirty (30) days and then diligently proceeds to cure 16. NOTICES 16 1 Form of Notice Except as otherwise expressly provided in this Lease, any bills, statements, notices, demands, requests, consents or other communications given or required to be given under this Lease shall be effective only if given in writing signed by the party giving the same, or its attorney, and sent by (a) certified or registered U S mail, postage prepaid, return receipt requested (b) personal delivery, or (c) a nationally recognized overnight courier service, addressed as follows if to Tenant Scott Wicks Farm Nutrients, LLC 1521 18th Street Spirit Lake, IA 51360 if to Landlord Doug English English Feedlot 11, LLC 14111 County Road 2, Wiggins, CO 80654-8703 7 16 2 Timing of Notice Any such bill, statement, notice, demand, request, consent or other communication shall be deemed to have been rendered or given on the date which is (a) three (3) days after the date mailed, (b) one (1) business day after deposit with a nationally recognized overnight courier service for overnight delivery, or (c) on the date of personal delivery, as the case may be Either party may change its address for delivery by giving notice to the other party as provided in this Article 18 MISCELLANEOUS 17 1 No Waiver The receipt of rent by Landlord with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any of the terms, covenants or conditions of this Lease No failure on the part of either the Landlord or the Tenant to enforce any term, covenant or condition of this Lease, nor any waiver of any right by Landlord or Tenant shall discharge or invalidate such term, covenant or condition, or affect the right of Landlord or Tenant to enforce the same in the event of any subsequent breach or default 17 2 Captions The Article, Section and Subsection headings in this Lease are inserted only as a matter of convenience in reference and are not to be given any effect in construing any provision of this Lease 17 3 Successors and Assigns The covenants and agreements contained in this Lease shall apply to, inure to the benefit of, and be binding upon Landlord and Tenant and upon their respective successors and permitted assigns, except as otherwise stated to the contrary in this Lease 17 4 Amendments, Modifications This Lease may not be changed, cancelled or discharged orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought All understandings and agreements between Landlord and Tenant are merged in this Lease which represents the entire agreement between the parties and which fully and completely sets forth all terms and conditions of the transactions embodied in this Lease 17 5 Severability If any term or provision of this Lease or any portion of a term or provision of this Lease or the application of any such term or condition to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law 8 17 6 Counterparts This Lease may be signed in any number of counterparts, each of which when taken together shall be deemed to be a complete document 17 7 Governing Law This Lease shall be governed by the internal laws of the State in which the Premises are located, without regard to principles of conflicts of law 9 IN WITNESS WHEREOF, the Landlord and Tenant have respectively signed this Lease as of the day and year first above written. TENANT: Farm Nutrients, LLC an Iowa limited liability company By Segaltea Name: Scott Wicks Its: VP Operations LANDLORD: English Feedlot 2, LLC a Colorado limited liability company By: :- 567022 19 393.2 EXHIBIT B Access Roads -tea a' .11,1j h_ -ILL A — 1 — 'tn1 ^ask "(gad e n $s*, tents tram iheserion a RECORDED EXEMPTION NO. 1473-08-3 RECX 18-0167 BEING THE SW 1/4 OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO WEST 1/4 CORNER SECTION 6. TOWNSHP 1 NORTH, RANCE 65 WEST OF THE 6TH P.M. FOUND A 3 1/C ALUM. CAP ON A /6 REBAR STAMPED 27269 CENTER WEST 1/16 CORNER SECTION 8. TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE 6TH P.M. FOUND A 2 1/2" ALUM, CAP ON A #6 REBAR STAMPED 71269 S 69's249' m, 1313 05' S J 5 A S RAS, 41' or l•n. •2' LOT C 10.02 ACRES srs'lt' C l464. $ 0E02 9' C. 204.0$ .4////./ /1/%:: >t •N • rLt 1111 y E III!If - f ;CAIt. \ :� /hi/ 15 EXISTING ACCESS FOR RESIDENTIAL, I / OIL AND GAS, CORAL AND AG 7�8 1 M'4YA0' W. t05 73' GAS WELL 250' SETBACK AVERAGE ROAD MOTH 23' 5 101 A 3.27 ACRE S 8933.09' L. 270.00' 4 GAS SEPERA TOR - • _ S er41'oC W. 110.40 30' ACCE4r AND UTILITY EASEMENT - FOR LOT A. 8 AND D LOT B 5 00 ACRES LOT 0 141.71 ACRES NET 139.92 ACRES GROSS GAS BAI ENT 250' SETBACK EXISTING ACCESS TOR RESIDER DAL, OR. AND GAS. COMMEROAL AND AG 4 a CENTER 1/4 CORNER SECTION 8. TOWNSHP 1 NORTH, RANGE 65 WEST OF THE 6TH P 6,4 A 3 1/C ALUM. CAP ON A 2 1/2. PIPE STAMPED 36060 SOUTHWEST SECTION CORNER SECTION 6. TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE 6TH P,14 FOUND A 2- ALUM CAP ON A /6 REBAR STAMPED 25937 GRAPHIC SCALE 200 0 100 200 400 ( IN FEET ) 1 inch - 200 It N 695rAr 1. 21,6.05'-_»-- .... .__...... COUNTY ROAD 10 60 -FOOT RIGHT OF WAY, .30 -FOOT EACH SIDE OF SECTION LINE OCTOBER 14, 1889 CLERK AND RECORDER BOOK 86 PAGE 273 RECEPTION NUMBER 34283. LEGEND FOUND OR SET SECTION CORNER AS NOTED. coc = FOUND OR SET ONE -QUARTER CORNER AS NOTED. • = SET 18' /5 REBAR WITH YELLOW PLASTIC CAP HAMMER PLS 24307 ROW LINE EASEMENT LINE BOUNDARY LINE 17 SOUTH 1/4 CORNER SECTION 15, TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE 6TH P.M. FOUND A 3 1/4' ALUM. CAP ON A /6 REBAR STAMPED 27269 LAT c N LEE 12 IOTB /- LDT A 0 a LOT CR 10 VICINITY MAP 1" = 2000' I FGAL OrSCRIPIIoN• THE SOON HEST 1/4 Or SECTION 4 r IN, I a SSW Or THE OM Py_. COMNTT Or WELD. STATE OF COLORADO EXCEPT THE EAST 7tH 0 FEET AND ALSO THE EAST 70A 0 FEET Or SECTION 6, 1 IN RANEE. 63w or M tow P M. COUNTY or WELD. Suit OF COLORADO BENC .40RE PARTCutARLY DESCRIBED AS rOLLEMS: BASS or BEARING ASSUMING flit EAST LIE ar THE SOUTHWEST 1/• OF SECTOR 6. 1 IN. RANGE N WEST AS BEARING NORM 0700'00' WEST BETWEEN PIG; COTTER I/A CDKHEn MNAAML NT or SECTKIN e. T tic RALNCE AtW A 3 I/4• ALINNRN CAP STAMPED 36000. MC THE SOUTH 1/A °DAMPP Or SECTION S. I 111 TWICE 65w A 3 ,/4' ALIARMNM CAP STAMPED 27269. AND WITH ALL WHO. INARINGS COHHIANED HIRER RELATIVE n(REtO. CONVINCING Al nK LINTER 1/4 CORM° Or SECTOR, 8. TOANNSHIP t NORM. M.cc is RfT AND *430 114 P01Mt Or BEGINNING; THENCE ALO4 C THE NORM LIME or THE SO17MWE51 1/4 or SAO SECTION I SOUTH X41 'O4' WE51 A 06 Una M 1171.9e rw TO T1* CERTA WEST 1/10 coon or SAD %c ool it THENCE cO TWIN ALONG THE NORM 1st or THE SOUTANES? 1/A or SAID SECTION 6 SOUTH 69.42'49' mist A =sow or '313.05 rCEl ID THE sriT I/• CORNER Or SAID SECTOR 6; THENCE ALONG DE LEST VW Or THE SOMHNICS I/4 Or SRO SICTHON I SOUTH 01.OY t9- EAST A TMTANKx of 2654.03 FEET TO THE SOUTHWEST SECTOR CORNER Of SAO SEC T'09 8: THENCE ALDNC THE SOUTH LEE OF THE SOUTHMNES1 1/4 OF SAC SECTON 6 NORTH NISTAr EAST A 06TANOE OT 1544 NI FEET TD THE SOUTH 1/4 COINER Or SAO SECTION O. THENCE ALDHL THE UST LIM. Or THE SOUTHWEST 1/4 Or SAC SECTION 6 woRTH 0700'00 WEST A DISTANCE CY 2405.62 FEET TO flit PONT Or SCRWDC: CCNTAMNG A CALCUURD AREA Or 140.02 ACRES. PQpPERTT OWNFHS CERTIFICATE' L TIE UNDERSIGNED. BEING THE SOLE OWNER IN FEE Or THE ABOVE DESCRIBED PROPERTY. DO HEREBY Suer:we€ THE SAME AS SHOWN ON THE ATTACHED MAP I UNDERSTAND DIM PROPERLY 6 LOCATED N THE A (AGRICUL TURN_) ZONE DISTRICT AND IS ALSO MENDED TO PROVIDE AREAS FOR THE CONDUCT Or OTHER USES BY RIGHT, ACCESSORY USES AND USES BY SPECIAL REVIEW. DOUG ENGLISH FOR ENGLISH FEEDLOT 2 LLC STATE OF COLORADO COUNTY Of WELD ) $5. ME FOREGOOG CERT;MATION WAS ACKNOWLEDGED BEFORE ME W COMMISSION EXPIRES WITNESS W HAND AND SEAL NOTARY PUBLIC FASFNFM CFRT6)CATE THIS DAY Or .10 L TTE UNDERSIGNED. DO HEREBY DEDICATE- FOR THE BENEFIT OF THE PROPERTIES SHOWN OR DESCRIBED HEREON. EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. DOUG ENCLKH FOR ENGLISH FEEDLOT 2 LLC CEBTK)CAT£ OF APPROVAL BY THE- DEPARTMENT Q PLANNING SERVICES AILS QS?1UTN£ REYILYI. TICS PLAT 6 ACCEPTED AND APPROVED BY THE DEPARTMENT Of PLANNING SERVICES FOR FILING D6tECTOR. DEPWTMERT or PLANNING SERVICES STATE Of COLORADO ) )SS. COUNTY OF WELD TIE FOREGOING CEROnCATON WAS ACKNOWLEDGED BEFORE ME THIS _DAY or W COMMISSION EXPIRES WITNESS ire HAND AND SEAL NOTARY PUREE S3IWFYTHR'S CFRTECATE —20 I. GARY K HAMMER A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE UNDER W PERSONAL SUPERVISION, ANO THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPUES WILL AU. APPLICABLE RULES. REGULATIONS, AND LAWS or THE STATE or COLORADO. STATE BOARD OF REGISTRATION TOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS. AND WELD COUNTY BY: 74107 GARY K. HAMMER SURVEYOR'S NOTES' DATE COLORADO REGISTRATION 9 1, BASIS Or BEARING: ASSUMING THE EAST LINE OF THE SOUTHWEST 1 /4 OF SECTION 6, TOWNSHIP t NORTH, RANGE 65 WEST AS BEARING NORTH 00'00'00" WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY. AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 2. ALL DISTANCE MEASUREMENTS SHOWN ARE IN U.S. SURVEY FOOT. NOTICE - ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. EtENEAAL h9ILs EXHIBIT mammiassise I) ALL PROPOSED OR LXISINL STNUU. TURES YALE OR DO MEET 111E MTNMUM SETBACK AND OFFSET REQUIREMENTS FOR THE ZONE DISTRCT N *44CH THE PROPERTY IS LOCATED. PURSUANT TO THE DEf1141TON Or SETBACK N THE WELD COUNTY COOS. THE REQUIRED SETBACK IS MEASURED FROM THE FUTURE RIGHT -OF - WAY LINE. 'NO BUILDING OR STRUCTURE AS DEFINED AND LIMITED TO THOSE OCCUPANCIES LISTED AS GROUPS A. B. E. F, H, I, M AND R IN SECTION 302 I Of THE 2015 INTERNATIONAL BUILDING COOS. SHALL BE CONSTRUCTED WITHN A 200_FOOT RADIUS OF MY TANK BATTERY OR WITHIN A I50 -FOOT RADIUS OF ANY WELLHEAD OR WHIN A 25 -FOOT RADIUS Of ANY PLUGGED OR ABANDONED OA AND CAS WELL. ANY CONSTRICTION WITHIN A 200 -FOOT RADIUS OF ANY TANK BATTERY OR ISO -FOOT RADIUS OF ANY WELLHEAD SHALL REWIRE A VARIANCE FROM THE TERMS OF THIS CHAPTER IN ACCORDANCE WITH SUBSECTION 23-6-10.C OF THIS CODE. 2) ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS 3) LOT A. LOT 6 AND LOT C ARE NOT ELIGIBLE FOR A FUTURE LAND EXEMPTION N ACCORDANCE WITH SECTION 2a -8-20.C.3 Or THE WELD COUNTY CODE. 4) THE LARGEST LOT Or ANY RECORDED EXEMPTION MAY NOT T#. LESS THAN THIRTY - ERNE (35) ACRES NET UNLESS APPROVED BY THE WELD COUNTY BOARD Of COMMISSIONERS N ACCORDANCE WITH SECTON N -B -b p or THE WELD COUNTY CODE 5) THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR CONTROLLING NOXIOUS WEEDS ON THE SITE. PURSUANT TO CHAPTER 15. ARTICLE I AND I. Or THE WELD COUNTY CODE 6) WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN EXISTING RIGHT -Or -WAY OR PAY TO RELOCATE EXISTING UTILITIES WITHIN TH4E EXISTING COUNTY RIGHT -Or -WAY. 1) ALL ACCESS AND UTILITY EASEMENTS ARE. DEDICATED TOR THE KNEED OF ALL OWNERS Or LOTS DEPICTED ON THIS PLAT, INCLUDING OWNERS Of FUTURE LOTS CREATED THERErROM, REGARDLESS or LOT CONFIGURATION DR NUMBER Or USERS. AND 1MTCLJT UMITATTON OF THE USE OR INTENSITY DC THE uSE OF SUCH EASEMENTS. NO LOT OWNER MAY w6TALL A LATE OR OTHERWISE IMPEDE THE USE Or SUCH EASEMENTS WITHOUT THE APPROVAL OF ALL PERSONS WITH RIGHTS Or USE Or SUCH EASEMENTS 6) ACCESS ON THE SITE SHALL BE MNNTANED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUONG DAMAGES AND/OR On -SITE DUCKING. 9) PROP TD THE RELEASE OF BUILDING PERMITS. THE APPLICANT SHALL BE REQUIRED TO SUBMIT A COMPLETE ACCESS APPLICATION FOR A poELMIMAttV APPROVED' ACCESS LOCATION AS SHOWN ON TMS PLAT (DEPARTMENT Of PUBLIC WORKS) I 0) ANY WORK THAT MAY OCCUPY AND OR ENCROACH UPON ANY COUNTY RIGHTS -OF-WAY OR EASEMENT SHALL ACQUIRE AN APPROVED RIGHT -OF -WAY USE; PERMIT PRIOR TO COMMENCEMENT. II) THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WIy BE MANTNNED ON THE SITE. 12) TOPOGRAPHIC OR PHYSICAL FEATURES OF THE PROPOSED LOTS. SUCH AS RAVINES. DITDf5., STREAIAS ETC MAY OMIT THE AREA AVAILABLE FOR A NEW OR REPLACEMENT SEPTIC SYSTEM. 13) PRIOR TO THE RELEASE OF OOLONG PERMITS. THE APPLICANT SHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUILDING PERMIT IS REOUESTED WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL DESCRPTON ON SUCH DEED SHALL INCLUDE THE LOT DESIGNATION AND RECORDED EXEMPTION M7MBER- 14) PRIM TO THE RELEASE Or BUILDING PERMITS ON LOOS A, B OR C. THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT Or PLANNING SERVICES THAT LOT HAS AN ADEQUATE WATER SUPPLY OF SUFTCENT QUALITY. QUANTITY AND DEPENEMBILITY 15) POTENTIAL PURCHASERS SHOULD BE AWARE THAT LOTS A. B AND C MAY NOT BE ELGIBLE FOR A DOMESTIC WELL PERMIT WHO ALLOWS FOR OUTSIDE IRRIGATION AND/OR THE WATERING OF STOCK ANI ACS. THE STATE 0M6ON Or WATER RESOURCES ISSUES ALL WELL PERMITS. 16)POTENTIAL PURCHASERS SHOULD BE AWARE THAT GROUNDWATER MAY NOT MEET ALL DRINKING WATER STANDARDS AS DEFINED BY THE COLORADO DEPARTMENT or PUBLIC HEALTH AND ENVIRONMENT. THE WELD COUNTY DEPARTMENT Or PUBLIC HEALTH AND EHMRONMENT STRONGLY ENCOURAGES WELL USERS TO TEST THEIR OINKING WATER PRAM TO CONSUMPTION AND PERIODICALLY THEREAFTER 17)POTENTIL PURCHASERS SHOULD BE AWARE THAT APPROVAL OF THIS RECORDED EXEMPTION DOES NOT GUARANTEE TAT WELL PERMITS WILL BE ISSUED FOR THE LOTS ANY LOT MAY BC DEEMED NON -BUILDABLE el THE LOT OWNER IS UNABLE TO OBTAIN A WELL PERMIT THE STATE DMSON Of WATER RESOURCES ISSUES ALL WELL PERMITS 18)MALDWG PERMITS SHALL BE OBTAINED PRIOR TO THE CONSTRUCTION Or ANY BUIDOG. BUILDINGS THAT MEET THE DEFINITION OF AN AC EXEMPT BUILDING PER THE REQUIREMENTS or SECTOR 29-1-20 AND SECTION 29-3-20.8.13 Of THE WELD COUNTY CODE DO NOT NEED BUILDING PERMITS, HC7IYEVER, A CERTIFICATE OF COMPLIANCE MUST BE FILED WITH THE PLANNING DEPARTMENT AND AN ELECTRCAL AND/OR PLUMBING PERMIT 6 REQUIRED FOR ANY ELECTRICAL SERVICE TO THE BUILDING OR WATER FOR WATERING OR WASHING or LNESTOCK OR POULTRY 19)BUILDNG PERMITS ISSUED ON THE PROPOSED LOTS way BE REQUIRED TO ADHERE Of THE COUNTY -WOE ROAD IMPACT FEE PROGRAM. 20)BUILDING PERMITS 65UED ON THE PROPOSED LOTS. WILL BE REQUIRED TD ADHERE Of THE COUNTY FAOUTY FEE AND DRAINAGE IMPACT FEE PROGRAMS. 21)POTENTAL PURCHASERS ARE HEREBY NOTIFIED THAT A CONFINED AMMAL FEEDING OPERATION IS PERMITTED BY SUP -66 AN IS LOCATED ON PROPOSED RECORDED EXEMPTION LOT D. Orr -SITE IMPACTS THAT MAY BE ENCOUNTERED ACT UOE NOISE FROM TRUCKS, TRACTORS AND EOUPMENT; DUST FROM AMMAL PENS AND ODORS FROM ANIMA CONFINEMENT. SILAGE AND MANURE. TO THE TEE STRUCTURE TO THE FEE STRUCTURE 22)RCHT TO EXTRACT MINERAL RESOURCES STATEMENT WELD COUNTY HAS SONE OF THE MOST ABUNDANT MINERAL RESOURCES, INCLUDING. BAIT NOT LIMITED TO, SAM) AND GRAVEL OIL- NATURAL CAS, AND COAL. UNDER TITLE 34 Or THE COLORADO REVISED STATUTES. MINERALS ARE VITAL RESOURCES BCCAUSE'I(A) THE STATE'S COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO THE STATE'S ECONOMY; (B) TH1[ POPLAOU` COUNTIES OF THE STATE FACE A CRITICAL SHORTAGE Or SUCH DEPOSITS. ANO (C) SUCH DEPOSITS SHrrf.. BE EXTRACTED ACCORDING TD A RATIONAL PLAN. CALCULATED TO AVOID WASTE Or SUCH DEPOSITS CAUSE THE LEAST PRACT CART F DISRUPT ON Or THE ECOLOGY AND QUALITY OF LIFE Of THE CITIZENS OF THE POPULOUS COUNTIES OE THE STATE MINERAL RESOURCE LOCATIONS ARE WIOfSPREQ THROUGHOUT THE COUNTY ANO PERSON MOVING INTO THESE AREAS MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT. OFTEN TMES. MINERAL RESOURCE SITES ARE FIXED TO THEIR GEOGRAPHCAL AND CEOPH4VSCAL LOCATIONS. MOREOVER. THESE RESOURCES ARE PROTECTED PROPERTY RIGHTS AND MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE. 23)WELD COUNN'S RIGHT 10 FARM STATEMENT: WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES. TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY N TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS Of WELD COUNTY MAY BE OPER AND SPACIOUS. BUT THEY ARE INTENSNELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS. INCLUDING CONFLCTS WITH LONG -STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL Or SERVICES THAN IN TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL AREAS: OPEN NEWS. SPACOUSNESS, WILDLIFE. LACK of CITY RINSE AND CONGESTION, AND THE RURAL ATMOSPHERE AND WAY OF LIFE WITHOUT NEIGHBORING FARMS. THOSE FEATURES POACH ATTRACT URBAN DWELLERS TO RURAL WELD COUNTY WOULD QUICKLY 9E DONNE FOREVER. AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR TONG -ESTABLISHED AGRCUATRAL PRACTICES TO ACCOMMODATE THE NTRUSONS OF URBAN USERS INTO A RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES WILL GENERATE Oft - SITE IMPACTS. INCLUDING NOISE FROM TRACTORS AND EQUPME NT; Stow -MOVING TARN VEHICLES ON RURAL ROADS, DUST ERMA ANIMAL PENS, FIELD WON, HARVEST AND GRAVEL ROADS; 0008 FROM ANIMAL CONFINEMENT. SILAGE AND MANURE: SMOKE FROM DITCH BURNING; FLIES AND MOSQUITOES; HUNTING MC TRAPPING ACTIVITIES; SHOOTING SPORTS. LEGAL HAZNC OF NUISANCE WILDLIFE; AND THE USE OF PESTICIDES AND FERTILIZERS N THE FIELDS. INCLUDING THE USE or AERIAL SPRAYING. R (5 COMMON PRACTICE TOR AGRICULTURAL PRODUCERS TO UTILIZE AN ACCUMULATOR Or AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS. A CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY. SECTION 35-3.5-102, C.R.S., PROVIDES THAT AN AGRICULTURAL OPERATION SWUl NOT BE FOUND TO BE A PUBLIC OR PRNATE NUISANCE F THE AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRCUL TURAL PRODUCTION. WATER HAS BEEN. AND CONTINUES TO BE. THE LIFELINE TOR THE AGRICULTURAL COMMUNITY. IT 6 UNREAL SIC TO ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED "OUT Of THE WAY" Of RESIDENTIAL OEVELDPMENT, AMEN MOVING TO THE COUNTRY. PROPERTY OWNERS ANO RESOEN TS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION OITCFES, LAKES. OR OTHER STRUCTURES. UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER. WELD COUNTY COVERS A LAND AREA OF APPROXIMATELY FOUR THOUSAND (4,000) SQUARE MILES IN 'Sit (TWICE THE SIZE Of THE STATE OF DELAWARE) W11H MORE THAN THREE THOUSAND SEVEN HUNDRED (3.100) MILES OF STATE AM) COUNTY ROADS OUTSIDE Or MUNICIPALITIES THE SHEER MAGNITUDE Of THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS Or THE COUNTY. AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBUAANCE. AND FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS. NO MATTER HOW OFTEN THEY ARE BLADED, WILL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDMSIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SERI/ICES *4 RURAL AREAS. N MANY CASES. WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES. RURAL DWELLERS MUST. BY NECESSITY. BE MORE SELF-SUFFICIENT THAN URBAN DWELLERS. PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN DR SUBURBAN SETTING FARM EQUIPMENT ANC OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES. ELECTRICAL POWER FOR PUMPS MIND CENTER PIVOT OPERATIONS. HIGH SPEED TRAFFIC. SAND BURS, PUNCTURE VIES. TERRITORIAL ;ARM DOGS AND LN£5TOCK. AND OPEN BURNING PRESENT REAL THREATS. CONTROLLING CHILDREN'S ACTT/RIES 6 IMPORTANT. NOT ONLY 11$ THEIR SHITTY, BUT ALSO FOR THE PROTECTION OF THE FARMER'S LNELHHOOD. NO. DATE DESCRIPTION BY CLIENT: AGPROFESSIONALS 3050 67TH AVE. SUITE 200 GREELEY, CO 80634 HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE, SUITE 200 GREELEY, CO 80634 PH: 970-535-9318 RECORDED EXEMPTION SECTION 16, TOWNSHIP 7 NORTH, RANGE 65 WEST, 6TH P.M. SECTION 16, TOWNSHIP 7 NORTH RANGE 65 WEST, 6TH P.M. DATE: 7/23/16 JOB#1515- 08 Southeast FN Pile Site — Looking North General Site Drainage (towards southeast) Drainage Swale to Pond Drainage Swale Culvert (looking North) Drainage Swal Culvert (looking South) 24 -Jan -2019 15:50 - +19705359854 p.1 rkuPROfessionals �.•�. tip J.• `.�.-? �.�.r.�{.�.. () : �L �' a `•' �.� :\. `, �• J•\ t: January 22, 2019 To Whom It May Concern: English Feedlots 2. LLC is working with AGPROfessionals to process work related to a Weld County Recorded Exemption. AGPROfessionals is authorized to represent and request the release of all records necessary on the behalf of English Feedlots 2, LLC. We respectfully request that all correspondence be directed to AGPROfessionals. Sincerely, English Fe=• dlots ...,, LLC c/o Doug _ .nglis 1, registered agent j%_ aL/1L Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Suite 200 Greeley, CO 80634 970.535.9318 / office 0 970.535.9854 / fax 0 .,• •Y•� t �n. ; -c_.-. - trE IV�S� c o U jT Memorandum TO: FROM: CC: DATE: RE: Board of County Commissioners Tom Parko Director, Dept. of Planning Services Bruce Barker, County Attorney Dawn Andersen, Dept. of PW Ben Frissell, Dept. of EH March 25, 2019 USR18-0102 (English Feedlots) On March 18th the County Commissioners requested that County staff provide an update on the status of Recorded Exemption RECX 18-01 b7. The Department of Planning Services and the Department of Public Works have corresponded with the applicant and made necessary changes to the plat. The applicant will prepare the Mylar, route for signatures and will record the plat the week of March 25`x'. Recommendation: Staff recommends that the Commissioners continue USR 18-0102 to April Pt, or any date thereafter that is convenient for the Board, to prepare the Mylar, route for signatures and record. 1 A T RECORDED EXEMPTION NO. 1473-08-3 RECX18-016 7 BEING THE SW 1/4 OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO WEST 74 CORNER SECTION 8, TOMINSPIP I NOR! h. RANGE 65 WEST Of 'HE 6'i P FOUND A 3 I/4' ALUM CAP ON A 96 RFNAR S'AMPr') 77761 N• ER WES' 1/'6 CORNER SECTION 8.-GWNSHtP 1 NORTH, RANGE 65 WES' Of TA( 6111 P M rOUND A l 7 1/2 MUM CAP ON A /6 RERAN 1 SAMPrc 77269 111 S 61'4246- M 13I3.(/1 Future USR sale EWS IJ Well 9 • I s Sw4%N' W. Imo JY 1C RC4' -Or -RAY GRAN' RECEPTION/2835324 '5 RU4T-Or-WAY GRANT NL.A- ION /41/9'4' 1)00' 8 • f+ /` 7/77/7/ \\\\ Ifif i ('ate\li1 I \\\\\\\ Ill/ II/ i/' AAMA Lit NOAU *Ulm 16 I .1 46 tau A..CESS r 3 RESOD*IAL, O1. AN'. GAt ras WF I 150' SL ISACs( .-% 49'ACa• w, • Ni l0' L 1 WS SEPERAMR \ OLD SUP on LOT LO1 D • 41 71 ACRES NE' 39 97 ACRES CROSS 5O' NIGHT - Or -WAY GRANT Ntcts'IOA /431,4514 I AVERA(a ROAD WO'P 23' s 4•41b1- r 'JP MI WS BAITER. 4, AWN OP of IP&3B 3(1 ACCESS AND UTUTY EASEMENT FOR O A, N A/W ) 'U NILAI -LA -WA. /IAA RECEPTION 92635325 RU' l!♦ W4Ar. -\ RE CEptow PTON 14394519394545tp t K(S IRKA AGUES ION It SWt A IAN . OR AND CAS SOU' REST SLCTION CORNER SECTION 6, TOWNSHIP NOR'N. RHANCE 63 WEST OF TIC 61H PIA fOUNo A 2' A_UM CAP ON A /6 REBAq S'AMeED 25937 200 GRAPHIC SCALE 100 2C0 400 ( IN nEE- ) finch 2G3 N N 499'4Y E. ?WE eV COUNTY ROAD lU DO-' COOT R'CHT DE WAY. .30 -FOOT FACT SIDE 01 SECTION _NN( ROAD -1LE /96 SEE RDAC BCO4 2 PAIL 313 I F.EiENI) ! FOUND OR SF? SIC! OK CORNER AS NOItC JC?G • FOUND CR SET ONE QUARTER CC :NCR AS NOTFO S'T ' H- 95 RI OAR WITH Yi I :7W PLASTIC CAP HAMMER PLS 2430 • ROW LINE EASEMENT LINE BOUNDARY _INC A 30 -Foot ACCESS EASEMENT TO CR 4'. FOR 'HE BENEFIT OF -OTS A, 3 Al.) D \or RECXID-0'67 RECEPTION NO , GIN .K I/4 CORNER SECT ON 8. OWN'SHW 1 NORTH. RANGE 67 *15 31 T 1E 6Th PM OUNC A 3 1/4' ALUM. CAP ON A 2 1/2' PIPE STAMPED 36060 SOUTH '/4 CORNER SICTROH 8. TOWNSI-P 1 NGRTH, RANGE 85 WEST OF IH! 0171 N.M. 10JNU A 3 1/e ALUM. ZAP ON A %6 *BAR STAMPED 2'269 CO 12 OI A { LCI 1 $ f. ) I I tOl UN 'C. .LGAL DE,Sr•W 'ION. '4 SOUP 91ST I/4 OF SIGNOR K. 'aware IN, Ftwv01 me or M I'll P11. COUNTY Of WI J• STAR 01 1.15.04100 SNG ROM PANICULAMY OLSCQMD AS HOLLOWS MOS 0/ aaaG AS&AMK, lit EAST UN( OF TH SOJ1HRtt1 1/4 or SECTION I. IQANSnP IN. RAID( N A(S! AS TURING WO 11114 0.3 WOO' AM NAND. 11( CENTER '/4 wino or SLc• OA 6. Toms*. IN. RMµ:I NM A 3 '/4' 4LWIUS CAP STARK 3 34060. 4N0 Ott %Dull I/4 CO *I(R OF SECICN e. 'OMAHA IN. RANGE 654 A 3 '/4 ALUMINOM CAP S/ANPEO 27210. AND 11tH ALL O'4CN NANIK.S :0NTA'A(D NERCIN NtUtM-HCKE10. Z044O4.14 A' Mt 0114711 I/4 C3M.E7 OF SECTXAI 6. IDnNse 1 RONM MACE 65 ALSI 4MO 44,10 WAS -NE 0041 OF REGAINING 'MINCE KONG TM ,/OR' -4 LINE OF 'NC SOUINMLS' I/4 04 SAID SECTION 0. 5UU'•4 0t4"J4' WEST • D$IANCE OF 331.96 FIE' TO TN CENTER SCSI /4 CORttR W SAC SECTION W. ',Nat 03111 AIL Y.)11C TN ROMP LM 01 IN SCLORM ,T 1/4 0• SAL) %Cli.. 6 ;TULIP et4) 49' SIT A 7S1AAG( DI 1313.]6 Etc to 111E WEST '/4 coQMJI or SAC TALCUM 0. KILL ALONG IN, 51.51 L$h GA II4. SOJIINILSI 1/4 01 SAW ACIyN 6, SOUK 0' 02•IN' LA>I A JISIANGA 31 265433 !UT /0 TIC Ia.'•A6Ls1 SECTION :WRAP O/ SAC SECTION S. I 11Rt N0AG lit swim 1St U Ill SON I ASI /4 W SAGO MC14JN I. MS 1 99314'' IASI A )p1•NCt or 25116 OR run tO 1w 501'•4 I/4 CORNER Or NEC SECTION S. '.MALI ALONG 114 LAS? LINT O' III( SOUtatra '/4 OF SAO FACTION IL MAIM 00'00'IA' MST A DSIANCE OF 2665 A7 FM To THE .'OW OF KFGAMING. ;UVIANIS& A CMcinA ILi) AMA W 1110.0.1 AURAS P OPERT v DstrALR'S aRTI .GATE: 1, 114 UNUrIISKiNtC, tit NG IM Sat OW* Is IN •r: ($ 119 MOIR LA SCRIM Ptj✓t11Y, W HEREBY SUB?VIDE 1)E SAME AS SHOWN ON THE A'TAC•4ED MAP. I JNDCRSTAND DNS PROPERTY IS LOCAILD 14 1•lL A 'AGNICU. UL) 10AL 06 4C AM) IS A.ANU SO INILN010 '0 PRENIDt S ION 'IC COtDU:.1 OF OTNA HER USES BY R1G H. ACCESSORY USES AND USES 3Y Sr.;AL QEMEM DNA rmottSH FOR INGLISP FEEDLOT 2 LLC STATE 0o- COLORADO ) )SS COUNTY 31 WtLU *HE rO3EGo NC CER'FIUT OR WAS AC4NOWLLDGCD °CURE MC 1t&S. _DAY O' 20 wY ICO4445510, ()WRES W 'NESS Mt NANO AN0 SEAL NUIMY PUMA FA'J aril [ENTREAT" I. lot UN;)ERSIGWLO. DO PLRES DEOCATE. (OR TPE YENLA' (Y T.4 PROPERTIES SHORAN OR DESCRIBED I CREON, EASEMENTS 'OR tic PURPOSES SAMA OR OCSCRWED (MOs 3000 FAcO's,- FOR ENGLISH FEEDLOT 2 -LC (;f31'rIcATF or APPRWA BY mil OFPANIMFAT OF PLANNING SEM1)CIS-ADMSS'RA-NE RFNFW 'HS 'AT 6 ACCEPTED MU A•PROvED M' THE DE"'ARINENI OF 'hMI14NG s.QYKES ;Q4 FANG DIRECTOR. DEPARTMENT OF PLANNNC SERVICES S'A'( OF COLORADO ) )55 COJNIY Of Wtlj 'H, FOREGOING CER'r1CAnDN WAS AC4NOW_LDGED BEFORE ME 1IS_ __JAY Of 13_ w Co6MSSeh EXPIRES .. so 'NESS MY NANO ANO SEAL NOTARY PLBLIC yNN,t(W'S (7R I MCA • GAR K tSMM:R A REGISTERED 'RO'CSSOMIL. LAND SURVEYOR IN TI( STATE OF :ALORA)0. DO -CRETIN* CERTIFY THAI THE SURVEY RE'RESENTED 3Y '•4S 'NAT WAS MADE LADE R MY PERSONA_ SUPERFISON. AND 11 AT 711,5 PLAT IS AN ACCURATE REPRESENTATION NIXES I FLR'Is"R CtilrY ThF &INF'r MO TITS P,AT COMPI IFS *11 N APP. CAR,f Rut FS, 4(C.AA'IDNS, M0 LAWS OF the STATE 31 COLORADO. STATE BOARD Or REGISIRA 'CN FOR PROFESSIONAL ESGINEERS AND PROrE5510NA1 ANO S.ANI VON%, AND Wt I I) COUNTY 3r 24S1 C RY K PAMIRR SURVEYOR'S NOTES' OATF CDI ORADD RFGISI RA' ON M 1 aASjS 31 &FARING. ASSUMING -•4F FAST IINF OF 'I(F SCUTHWFST 1/4 OF SECTION B. TOWNSHIP ' NOR -1. RAN;( 6J WES AS StA•t1NC; NJRIh' (/0'00'30' WLSI St'WILK lit. FOUND LOOM MFNTS AS SHOWN ON 115 SURVEY, AM) WITH Al I ')' MFR nrARING5 CONTANEC HEREIN RE A' VE "•HERETO 2 AL. DISTANCE MEASUREMENTS SHOWN ARE IN J S SURVc FOOT 3 FOR EASEMENTS AND RIGHTS Or WAY -JAMMER LAND SURVEYING R,_IED ON WED CGUNIY CRS WLNSIIt NOTICE: ACCORO+NO TO COLORADO .AW YOJ NUS' COMMENCE AN' I. EOM. ACTION BASED UPON A\Y DE EC' N THS SUR1'EY N TI -IN '•TREE YEARS AFTER YOJ FIRS' DISCOVERED SJC'- Ut'.CI N VC LVENI MAY ANY A:;IIJN BAASLJ U -VP. ANY Jtl ICl H. ::UMMENCLU MUNt THAN TEN YEA4t CROW TIE DATE Of CERTIF CAT ON SOWN HEREON I:F LORAL blows. •''OPOStO OR IXISIINO SIMUC'U'FLS WU OR DO Mit 1st M-NMJM St 34CIL AND OF Flt REOUREMEN'S FOR THE ZONE DISTRICT IN WNCI' THE PROPERTY S LOCATED 'uRS4.APC '0 -HE DEFINE' i,'. Of SE TWA N TX HELD COUNTY COX. Tht REPA.RC) SETSACK 6 ILASJRCC FROM n•E RGN' OF WAY LINE *NO AUK OI.G Ott SINUCIURt AS CLI1i410 MO LMIILD ID INOSt OCCUPMCItS LISIL) AS GROOPS A. E. L. F. 'I. M ANO ft A SECTION 302' OF THE 7018 'WERRA!OINA.. BUSIPNG COOL, SHAH BE CONSTRUCTED Willa A 230_5001 RAOUS Or AMY TANK BATTERY OR WITHIN A '50_5001 RADDS Of ANY WELLHEAD OR WITHIN A 25 FOO' RA)US 3F ANY PLJGGEO OR ABMOONEO 011 M0 GAS WEII ANY CONS'RJCTION UM'414 A 200 -FOOT RADIUS or MY TANK BAr(RY OR 15C -FOOT tA3iuS Of AM' wEL.I'EA:) SIY4L RtOMRC A VARA ICE FROM IP( "FRMS or THIS CHAPTER IN ACCORDANCE MOP SJIKFCTOR 73 6 '0 C Of 'HS COW 7) ANY FUTURE STRUCTURES OR USES ON $41f NUS' O81AN 1Mr APPROPRIATE ZONING AND BUN DING PERMS 3) I OT A. 1O' R AN0 101 C ARE NOT Ft ICJ81 r 104 A ']TURF MC IXaMP1O. N ACC0ROAACF 0.1K SEC [n. 24-8-20.C 3 or ON KU) COUNTY COO( 4) THE tARGES- LO- LX AM RE::3R0(0 EXCM:'TluN MAY 1401 3C ASS INN THIRTY - IN ;3S) ACRES NI UNLESS APPROVE) 3T ENE WELD COUNT BOAR) OF COMMISSIONERS IA ACCORDANCE 1411.4 SEC' ti'. 24-6-40.P OF INC WELD COUNTr CODE 5) THE PROPERTY OWNER 04 OPERATOR SHALL Al RESPONSIBLE FOR CONTROLLING 1WXOUS WEEDS ON ''•• STE. PURSuANT 10 C..) AMER 15. ARIC.E I AW I, of TI( w(_0 COUNTY COOL 6) WE -D COUNTY MA NOT REPLACE JMCRLAPPIAC CASEMENTS LOCATED WI' PN EMS' AG RIGHT -Of -WAY OR P4 TO REt OCATF FX STING Jn. airs WRhR. THE FXIS'ING Cotner RCM -OF -WAY. 7) AL ACCESS AND 1.0E 'Y FASEMINIS ARE NOCE;ED FOR t.( Brian OF AL OWNERS OF LOTS XPCtr0 ON TIES FLAT. ACtJOPNG OWNCT4 Of FU7uRt .OTS CRCA'E) TI'(RC ROM. RCGAROLESS O' W' COAICURATCN OR MUMMER or ]SIRS. AN) IIITNOUI WILTON OF 'MI USE OR INIFNSItY OF tiC USE O' 5JCt0 EASEMENTS '40 ,0' OWNER MAY Wilk_ • WE OR Ol4RIMSE IMPEDE THE _ME Or SLc,. EASEMENTS WW1NOJ1 1HL AMMONAI LP ALL PERSONS Sill' NIG•4IS W USE 01 SJCN :_ASON111S 6) ACCT SS (M Iht SAO Shout At MARIAN! 0 TO M I (IA II ANY IMPACTS 10 tilt PUNIC ROM) INCH JO µI DAMAGES MID/OR OFFSITE 'RAG KING 9; PROW TO TIE RLLLASL tN BLlow<. PERMITS. I1•( APP.CAN1 MMl_ (X REJURLD '0 51St, A .06WLL'C ACCESS APPI CATION FOR A PRELIMR.ARt.1 APPROVE)' ACCESS LOCATION AS SHORN ON TIeS PAT (DEPARTMENT OF 2u6,IC twoms; 'MANY WORK NW MAY OCCUPY AND OR CNC'WC'1 UPON ANY COLA" RtOPTS-Of-WAY OR CASE MEN' suit, ACQUIRE AN APPROVED MEAT _0' -WAY IISf PERMIT 'R+ON 10 COM1%PCfV1SI I I) T -I. •STOR1CAc ' _Ow PATTERNS *AC RAN0II AMOIATS or 1.1 BE wMNINNED ON THE SITE 12) TOPOGRAPIIIC OR '14YSJCAL I EATURES Of THE 'RO"OSED LOTS. SIX AS RAMNLS, DITCHES. STREAMS E. IL MAY L!M11 THE AREA AVNLABLE 'OR • NEW OR REPLACEMENT SCPTIC SYSTEM 13)PROR TO 'HE RE_LASC OF BUILDING PERMITS. NC APPLICANT SHALL SAS ' A At CORDED )OED )CSCRSNI THE Di LPON WHICH Ti -F RAIDING Pr RR IS RFQJFSTTD INN '•4' NIA :VC PERMIT APR CATIONS 'h• LEG_ OESCRP•IoN 0% SLCI JEER SM,L INC_.7DE THE LOT DESAMNATION Are RECORDED EXEMPT C.'. NUMBER 14)PMON ILL 114! INLIASI W BUDi)N(4 PIMA 5. Oh LUIS A, H OR 1. -It A✓at CAA SH4 SUNMII 'NOtsCt TO 14 DEPARTMENT or PLANNING SE RACES THAI .3' HAS AN 4)EOUAi( *O'ER SUPPLY IN Su1fCEN- (man , ;JUAII IT AIR) AKRO W..0Y 15)Pu1LN alt PUIC,IASLN5 S'4UXAJ tit AWANt •MI LU S A, M MU 4. MAY NOI N t.XrMlt FJN A Way:. '. NE _L PERMIT 01101 ALLOWS 'OR OU'SIDC IRRIGATION ANO/OIL -1( WAICR NG OF STOCK ANIMALS 114 S'A DVSON W *MLR NLSOUtte, SSUtS ALL *tit. PERMS t$)PQILN'IN ✓LAMPASL4S SMARM tit AWAMt IIA .4UUMMAILN MAY NU4 Mttl All UN NOG WAIL• STANDARDS AS WINED BY 'NE COLORADO 0('AR'VENT at PIAtC HEALT. AND Oa RONTREiI 14 Sit COUNT x'AW'1KNI x POO.IC CACTI, AN) Lw RONME WE S'RORGLY ENCOURAGES WEL. GSL RS 10 -E: THE R O NKIAG WATER PRIOR 10 CONSUMPLCN M0 TER 05[41/4_4 HEREAFTER 17)POTENTIAL PURCHASERS SHOULD BC AWARE 'Fall APPROVAL OF II45 RECORDED LXEMOTION 0OtS KO' GUARANTEE T146' WELL PERMITS WI_L BE ISSUED FOR 1'( LO15. ANY .OT MAY BC )(_MCC NON -BL II)AOII IF 1N: OT OWNER S ]NAB. F '0 OMAN A *Eli PERMIT 714 STATE ON -SON Or MATER RCSOIMCFS SSut, A.1 SELL PERR4'S 181B.ALDING PERMITS SrAL_ BE OBTAINED PRIOR TO THE CONS —RUC' OR/ U• ANY MLtONG &A.GPNGS tHA' Mr11 11.1 (X:1IN1.ON 01 AN AG MPI sun OING Pt W 'I9 41 QUINT Mt NIS LP St 011014 70-1-70 Aso SEC. HON 29-3-23.3.13 0' THE WELD COUNT' COX OD NOT NEED BUILDING PERMITS. HOWEVER, A CERTRO"( OF COMPLIANCE MUST BE FLED WITH THE PLANNING DEPARTMENT AND AN ELLC-R1CA AND/U4 P.A./WNW PERMIT 4 REJL.RCO 'OR ANY EL CTMCAL SLRVIC: TO 111E OUIL04NG OR WATER row MA'ERINL O' WA49NC OF INFS'OC4 OR POIA TRY 19)B.AIDING PERMITS SSIJF3 ON 114 PROPOSED 101: WII FIE RFOt.IRr0 TO AOtIRF TO THE fit SIRUCT.ERE Of 111E COUNTY -NIX ROAD IMPACT Rt PROGRAM 20)B..XLLWML P=RA TS SSuCD ON 11( PROPOSED U'S. SILL B: RLOWRLD TO A041CRE 10 14 rEE %TRUCIJM Of 1145 [MANN FAC I ITv EFT AND DRAIWOF MPALTI Fr( PROGRAMS 2')POTCN'AL 'JRC,EIASERS ARE Mt Rt BY NOTIFIED TPA' A CONFINED AMMY14 •CEDING opt RA'W4 6 PLRMIT1t., 8t Sur -es AND S LOCATED 01. PROPOSED RECORDED E X(RN ON LOT D Orr-IMPAC's THAT MAY Bt ENCOUNTERED IC.UOE NOSE /ROM TR.ti.KS. TRACTORS ANC EUUIPMCNI, Dust FROM AWIAAL PENS AM) DOORS FROM ANNA CONFIAJMF NT, CI AGE. AM) WNJRI 22)R4311 10 LA'RAC I MINERAL RESOURCES >IAILMLkl w_.: WUNIY tNS SOME O lit MOST ABL.NUAN MNEWI. RESOURCES. tNC_UONG, BUT NO1 IMITED TO, SAND AND GRAVEL. OL. NATURAL GAS. AND COAL LNOIR 'TIE 34 OF TI -F COIORAM RE%RS'0 STATUTES. MINE RAJS ARE VTN RE SOURCES BECAUSE ;A) INL S:Ait'S COLMENtAL LWIRRA_ 3L+OSIIs ANt L55LNIA, IC -It SNAIL'S ECONOMY. (ti) Iht. .UPJ.W`., COUNTIES OF 'IC STATE 'ACE A CRITICAL SIORTAGI OE SJOI )(POSITS. AM) OCPOSIIS SIOAA BE FATRACTED ACCORDING TO A RA' OWL PION. CAI CUATID TO AVOO WASTE OF SUCH OFPOS0TS ANT, CAUSE 'N* -EAST PRACTICABLE DISRtJ TON Or THE ECOLOGY AID JUM.ITY OF ttFC OF 'NE CITIZENS Of IH1 PEYUtOUS COU*E.IS O/ IN SHAH SACRAL RESOJNC: LJCATIO4s ARE WIXSPREAD THROLG OUT T•( CUU%'Y_ MO PERSON 610V1NG HID VISE AREAS NUS' RECOGNI/F M= VAROJS IMPACTS ASSOCMTFC WRh TITS ]EVf10PRETO OFTEN MF5. M9.f1M1 RESOURCE SITES ARE FIXED TO TKO GEOGRAPhr'Al MC GEOPN''LU_ LOCATIONS. 1404(060. 1 -ESL 11f SLXPIt5 ANT PROIP CIU ✓40"1 Wlv MGR IS AND IAN•RAI OMR RS SNDI./U II N`OIEOtJ 'M OPPORIJNITY TO ix ?RAC' TIE MINERPL. RESOJRCE 23)WELD COUN'YS RIG'4t TO FARA SCA'EMLNI SILO COMITY IS ONE OF THE MOST PRODUCT,* AGfCULtISN. LOUNIItS I. INC UM LU SIA LS. YPI(A.LY RJW41MI W PILL It " ILN LOUNTES N 4 COUNTRY IN TOTAL SLRCET .ALOE Or AGRICJLTURA. PROQUC'S SOLD 1st R.RAI AREAS 71 WELD CC. ANY OE OP:A AND SP'ACIQLS. 3171 U(Y ARE NILNSNELY USE) FOR AGICA. ROC PERSONS MOW NU .• RJRAL AREA MUST RECOGNIZE ANO ACCEPT THCRC ARE OWWIROCS. sICI SING :ONFLICTS LONG-STANDING AGRICULTURAL DRAG ICES AND A LOWER LEVEL OF SERVICES TIAN IN TOWN ALONG A II TNT DRAWRALKS COME THE INCFNTNFS MHl CH ATTRACT URBAN O*FI I FRS '0 NFI OGTF TO RU LA. ARIAS. OPEN MEWS. SPACIO(.SteESS. M1,DUFE. TACK or C'Y NOSE AND CONGESTION. MD THE RURAL ATMOSPHERE AND WAY 0' 111 WIIIOUI NtC k'*)4K, •AIMS. HOST 14.1.11. , Mtn Al IM, I LNNM IMM I,Ip It RURAL WELD COUNTY WOLID OIJCKiY BE GONE FORi_VER AC'JCCLLTL1RAL USERS OF 14 HAND SHOULD NOT BF EXPECTEC TO CHANGE 'HEIR LONG : STA&tSHEO AGRICLLIL/RA1 PRACTICES TO ACCOMMODATE 'HE INTRUSIONS OF URBAN USERS N'0 A RJRAL AREA INI I -RUN AGN4.U. IU4(N AI:IM III S Wit ;That MI' O•• -Ng It MPH: S. INC UOIK. WISE *MOM INN; IONS ANC EOJPLIEN', SLOW -!COMING FARM IE-CIS ON RLMAL ROADS. OUST FROM ,4144_ P(145_ FIE.D *OR4. NANVLS' ANO 34WtI ROADS, U:104 I ROM ANYAL COW Ittitsi. >IAGt MD 414.141. SM0AL F ROW LI Cn B.1RNING. '.ES AND LIOSWIITOES. PUNTING AND 'RAPING ACTIVITIES, SHOOTING SPORTS. LEGAL HAZING a NUISANCE WIJLIr:. AND tit LSE Of PE STGCE s AN) 1(RILZERS N THE FILLETS. INCLJONA. lit JSE IX AERIAL SPRAYING H IS COMMOA PRACTICE FOR AGRICULTURAL PRODUCERS TO J1ILISE AN ACCJMJ.AI.ON Of AGRICULTURAL ►MCIIIIERY AND SUPPLIES TO MSG' N TI C k ACACIA TLRAL OPEFA'ONS ♦ "ONCCA'RA'ON OF MISCIt INS Out AC.RICIATURN 1M71RWS OFTEN 1010014'5 A VISUN DISPAR It 4F1'W'FN RJRAI AND URBAN AREAS O' 1HE COUNT SECTOR 35- 3.5- 137_ C w S. PRO,/ DES THAI AN AGRDu. IURAI oP*RA' . N S'WI ROI W • O,44u O st A -'UMIC ON P14NAlr WISING, 1. 1111 AG14CLI 11.NA1 UM NAILJN Al I, GI BE A MJISAACE EMPLOYS MEDIUM OR PRACTICES 'TAT ARE COUMMU,Y OR REASO►AILY ASSOC ATE AGNK;LL IUNAL PNWUCI ON MEDIUM MILS UCLA. AN7 COAIIMLLS 10 X 'A U'CtIt row • N: AU&OCt*'URAt COMMJMTY H is IJAREALISTIC TO ASSUME T•AT DITCHES AND RESER•O RS LAY S BE MOP() 'OUT OF THE WAY' OF NtsUtAl At UtVtAtAmALNI *NIA MDVIM. 0 IPt LEA*IY. +.OPLN;Y ;)MQ.L'tS MC NtSWJt NIS MJS REA.ZE HEY CANNOT TAKE WATER FROM IRRIGATION JJCHES. LAKES. OR OTHER STRUCTURES, UNLESS 1'.i HAW: AN A3AAA A '_J KC.MI lU - '4. WARN wt-) COUNTY COVERS A LAND MLA Of APP'ROIMATELY FOUR TIQJSAND (4,000) SO.AR'_ MILLS IN alt (TWCE 'NE 5IZZ OF M STATE O' DELASSLRE) onTh MORE THAN THREE THDUSA4e SEvEN •9.ICRED (3.730) MILS Of SIAR MO COUNTY NWJS CLIMB 01 MJNICIMI 'AS 1P1 "•AIR UAMNIU.It O' Ihi ARIA 10 BE SE RvED SWITCHES AVA RESOURCES. -A* ENFORCEMENT IS BASED ON RESPONSES 10 CORONA N'S MONt !PAN 311 PATROLS 01 IHE COUNTY. AIM) Iht DISIAhCL5 W'4'CH *AI Bt IWWt_LD MAY ()LAY A EMERUENC' RESPONSES, NELJOWG LAW ENFORCES( St AMBU.AACE, AND 'RE FIRE PIOTIcION rs Le:•' PR040CD BY VOLUNIELRS MG MUST LEAK Tilt R JOBS AND MAR LS TO RESPOND 10 EMEND_ •. COUNT" GRAVE ROADS. NO MATTER NOW (MIEN lHF'Y Aftf MAIN J, S i NOT 'wn.a '•4f Mut A0, SURF ACC EXPECTED FROM A PAVED ROAD SNOW KNOW._ PRORITIES MEAN I1 A' ROADS FROM SLDUN shot, TO ARTFRN.S MAY NOT 42 WART() FOR SEVERN DAIS ATTER A MAADR SM)9%TON STEM/CIS /4 RI.RAI AREAS. IN MARY CASES. *11 NO7 3E EOUNALEWI '0 MLhCIPAI SI'FNCES. FLOOR DWELLERS MUST �. MCI %SIIY. tlr ROM SI1 • GP • CORI ItIN4 J{IM11 OM 111 45 PEOPtL ARE EXPOSE) '0 DEFERENT INZ4RD5 N TIC COUNTY 11AN N AR JRBAE OR SUBURBAN SET! N.. FARM tW ITMER! AND Ol HELD (005'4CM. 'ONO' AND MINGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND CENTER PRO' OPERA? 055. I 'CI Z.-'CR) TRAFFIC. SAND BURS. PUNCTURE VINES. !ERR/ORAL FARM JOGS ANC LVESIOCK. AN. OPEN BURRING PRESENT REAL THREATS CONIROL.RIC ZI-LOREN'`. ACT v11IES 6 AY'ORMAN'. NOT OWL" FOR TIER SAfE'Y, BUT CO FOR 14 PROIEC"CIA O' '4 FARMER'. LEVEL COO BY CLIENT: AGPROFESSIONALS 3050 67TH AVE. SUITE i ; () GREELEY, CO 80634 HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE, SUITE 200 GREELEY, CO 80634 PH: 970-535- 9318 RECORDED EXEMPTION SECTION 8, TOWNSHIP I NORTH, RANGE 65 WEST, 6TH P.M. SECTION 8, TOWNSHIP 1 NORMH RANGE 65 WEST, 6TH P.M 3/19/19 JOB#1516— 1 Le WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Ben Frissell, Environmental Health Services Date: March 19, 2019 Re: USR18-0102 English Feedlot Organic Fertilizer Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (Processing of Poultry litter) in the A (Agricultural) Zone District. The applicant is proposing up 2 full-time employees and possible 1 part time employee during peak season. Bottle and water and portable toilets are proposed which is acceptable. There will be no washing of vehicles, floor drains or chemicals stored on site. We have no objections to the proposal; however, we do recommend that the following requirements be incorporated into the permit as development standards: 1 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. or those described in the approved Composting Plan. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code and as described in the approved Composting Plan. Health Administration Vital Records Tele: 9/0-304-6410 Fax: 970-304-6412 Public Health & Clinical Services ele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Te.le: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health 4 The facility shall receive and process only those materials that are described in the submitted application materials 5 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations 6 The facility shall be operated and maintained in a manner to prevent nuisance conditions 7 Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations Additional controls shall be implemented, at the request of the Weld County Department of Public Health and Environment, in the event odor levels detected off site of the facility meet, or exceed, the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement 8 A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division, as applicable 9 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers Portable toilets shall be screened from existing adjacent residential properties 10 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C R S 11 The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining to Fertilizers and Soil Conditioners (8 CCR 1202-4) 12 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance 13 The facility shall notify the County of any revocation and/or suspension of any State issued permit 14 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code RECORDED EXEMPTION NO. 147:i-08-3 RECX 18 0167 BEING THE SW 1/4 OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6111 i'.M., WELL) COUNTY, COLORADO Rt5I I/4 CORNER SECM)N A. TONNSr R t NORTH RANGE 6!t 1e• :1 OF THE 6711 PM FOUND A / 3 T/4- ALUM. CAP ON A Of RCMP STAMTIFD 27289 Cf NIFR WE ' / 16 CORNER ;E.CTION TfWVN91IP 1 NORTH, RANCE. 65 WES1 91 THE 694 PM FOUND A ? '/i• ALUM. CAP ON A OR RfRAR STAMpM 11 7 7264 S 0'41'49' M, ' 1130S LOT C toe) ACRES y IAM'RCS ARflA% 44304 Ifi l N t)1121' r. /4} 47 tI; t• 4�- I In' moil -(M -WAY CRAW N1rE"TOON /24141:24 / 'S mad1 (V 401 :nag, Mill'TOON 041/9,4• X) 00 rrii7CTT' *WRAU ROAD 4)10 IR ' LIOctRW; MCI SS TOR nESIIWP nM. lilt. ANTI GA" 44"4:41' * 'G' TJ 0JI A •'• ►('RPS :Axed T / S N9VttH' • 1,Rrar A9'41U4' M -.''n ' • 441 err LC $ L, :1.00 Aran: a, tot D III 71 ACA" TET t'4 92 AGM'. rte. ')C 91041 -Ty -WAY (jUl41 hi PtIn4 N.A9As14 CAS *tit. •'4•' i 'Nits / AKRArt NfuO RA)t'. \ CAS flATTERT 700' SFmAtx . t1 911 W4104' 04' M •'P Y' ACLIS•i AND trltiIv 1AquLNt TOE 1 Ot A. R Awn n RIMY CIF NT AMY'PA K gLr1*'T10N/2615325 in FOCA'T Or RAY ramie IR ref n(w a4 SR4St9 XiSIwG Al:C7sS FM RR SIM NUM rat AM) GAS Alm I/4M51 SECTION CORNER SECTOR R. TOWNSHIP 1 NORTH. RAM.1 6S wrST Or THE 814 PM MIND • 2• NUM (CAF ON A /E• RERAN STAMPED 25937 Inn �RAf e•4»' '.f'µ t 0 100 100 ( IN ILL' ''n0 II •OI N A4Ar.r I nex I COUNTY ROAD 10 1fO—,00: NIGHT 01 WAr, 30- FOOT EACH SIDE OF SECTION LINE ROAD ril! /9A cif ROAD DOOR 2, PAM 313 LEGEND FfKIMI' OR SET SECTION CORNER AS MID F) = TOONF) LW SET ONF ia'IA'tllk ':OWNER AS NOWT) • .SIT IR- /S RfRAR WITH YELLOW I H DIA5TIC (ALP MAt1BAtc Ptc 7430/ ROW IINF FA5LMENI LWE 9OUNiARY LINE 3,. FOOT ACCESS WFMCNT TO CR • 1. COR THE &NEiTT Or LOTS A, R AND n or RECxe - 0.67 RCCE7'TIOFt '1() 4475373 CENTER ' I4 CORNER SECTION 6. ' :M1r:Is' 1 worm, R•N(X 0!• WEST OE THE 6TH PM ram() A Vile M I)M ' AP ON A 7 1/7' PIPE >TAMtrt) 36060 1 S7<1111H 1/4 ('CORNER t) CTION A. (WNSHP I NORTH. RANG, 65 wro• Or THE 5(11 PM IMAM A • 1 4' µ,71M CAP ON A /6 Ri IOW STAMPED 77269 LOT C issP CD t? LOT A POT / 6 - I LOT 0 I CR 10 V1CINl I MAP 1" - 2000' CLIENT: AG I'ROFESSIONAIIS 3050 67TH AVE. SUITE GREELEY, CO 80634 ttC16L LITXREIRM4- 441en4 ItaFa7/291t 44 11~7 • ) ■1.. I:) w .ol...«.,• •.... NS :DUTI *TV I/4 O %EIEN 5. TORN.9* IN. g1A10E ow .M M Ws Pit cnt4RY d NPR Start CO MOAW11 IWein a Matt4MY MW'Y7MTNn AS Mira' ROC'S 4e• WARW. ASSIAw1t IIR 10x1 PIN M lid rafitisft;• 'f. O MCIFW A. KIVORS11R' IN. WSW AS Ott' AS MASK NORtH 0V03'00' RI:,T A 941411 THE (tIIFR I/4 CM WR a :1rTWRI 4 TOWNSIW IN NA/CS 45* A ) T/r NINSRAM LAP Twat Yob- Mt, TIN SOUTH '!4 :ONO Of :%fT10N A 't*W9M' 'N. AWN We A S 1/4• AI1111MN Cal' 5IM*(n 27)49 Mt Mm, 44, ontt //INg% A(ateti. H4MRW MUIM IN14 I0 totem Wr At M creme e 'WIRY ti llClnl P. TIMb4w • .,wn. ISAAC AM1 r•.1 '1411 inn Net SOW O IGM*L. allNAL '0)1k. EXHIBIT tat CZa1O� ') µt PROPOSED OR LIf.I1Nf: `,M ma DN 'ql' ''It u1.VUV Rrt)IARFMENIS TOR 114 LONE DuNTig F.t w REACH TK PRlf pOrwitn. AR191MNII,Tn flit ( JWaTCH or cnnACL N tilt wrLD (DUSTY rOfs', nlr RtOARtn SFT'W tS Ata911RE0 roan ttR 1 UIIMI ncir' nr WAY 1Nit •ND INN nNr. OR STMICt)m( M Drown MID Lorre TTI THOU riculs•AIt,L5 Leine AS GNOIA'.' A O. r, PI. I M AM1 R W SECTW*i .1071 n Mt 2015 NITISSAI1nyM BUILDING COO(, 5)4111 IR EMSTRA-T'r' WmIM A AN" FOOT Ra(*5 Cl MIr TANK INTTlRY OR 1MOOr A 15O- TOOT ffflrs a ANT *nIKW cm wine•/ A IS -root RAORIS (V ANY P1UCGf) OR AMINDO ED X am GAS WFIL. NR Ctst1TRntTrw fan nu A 700 -roof ROMl5 Or ANY TAME BAtTT'RY OR 150 f aft NAOSLS 0A ANY Wr71 mink '4W1 RCOLAA ( valiance Haw Mt TyaAAC ea 1411! fsMPitQ M AcrotmNC't *U1. 'awnaCticw 74-A-!4 C (Sr )NS Car.: 2) AN' FUTURE STR11CTtRTI. (TR ,1SLU OM Stn. SUSI MAR/ THE ARroonm►ti AIIec Apo fa oat maw NILO? A. LOT PAM' int r ARE NOT 111(L(MF FOR a MUM, LAMA LtttMP1lnN M ACCOTIOANC( WITH !Krl' -nD 3 Ix l MlD MY,Rrca 4) T24 A11F IARGfS2T IM 1NK ANY 4SrMt(ltAiTY 0 F)EIr•110N MAY 1411 It LESS OAN nNRty-III N A(RIS NI IN S ?. MYRIOV/II ITT ITO RTCOMP"' CMWNLNT' of rotlallslf1M'N1i W M'rrwunct MYTH 7C1v4. 34-13- I• Is 'is M I (1 COUNTS mint S) THE •IMP/RTY OtRXR OR OPTW►tt'R SEMI w RFSPOMSi1RE FOR :LIMITER I Pt NOXIDI r TRIOS ON '/R n• SITE, t11R-.1110 To owns I3 salt31 NW) N or 04 NIRO cawn (;u WW1 N011C IRE NOUN %SRO III SOtJh t I /. Is SAw, i4LININ N am. 4W4.'1H' n', • Down Ct 111111 'III IO tM CWT. at, 1/ta CONIWP T UV HAWWM a. HOMO CIMlRAWC WWI 114 11lTI. tiff L1 TIN 11AUt11.151 Ill '1 5AN1 5%CHOP t MAI1. 1W42'49- WfS1 A IISIAMN1 04 111226' III' TO 94 of SI I /4 CDRN(R d IMO SL'.IS it MACE A1O*'' T4 VLSI UAW Or TIE iiMlit1NLSt '/4 U aro action t loon. ar•p2'er ran, A MIMICS 7nNO3 'II/ 'n ,.N SWIM►:' SVFICH CONKS 40 c40 YCTWM A, Dew/ 4al. 94 SHIM ma O TN , am'MSI 1/4 /9 SW SIC -TM • ciw an4rar fast a mural 7WAM% MI Yl 'K •QnW, '/A CLttR O 91r 'IT -R14 • 1A 10 Tt4TlE ALONG 114 nal Olt CI T.4 'an om" 'i Ill '1 lialfi 'A MOON II. Fenn, MM1M• WI 'a A tl.T•44-' .1 Minn TTY An M 441441 (v wIrare.r. CCWASN4C A CMCIAAN(T, WA O I•n0' 'm s ?ROMP!! OSINCR'S CCR1W'EATE L Di fain KCSN''1PU, tin; IM Sal TWO IN *II CP 714 AMP( ►WS(RNEf1 ''TlIftwry. 00 IM IR fry SIMR1ra5 1e• CAME AS Sur0(w' ON 04 AIIKJ*V VIP 111NDCRSTAA4(' 'INS PROPERTY IS LOCATED w AK A IAGRN.IA.TIRA)) IOW OQ1IeCi AND C. 11.'X1 WENDED TO PROMO( AREAS FOR Ou-CONOUCyiE gn(CN USES 0" Non. ACCESSORY tics : AND uses 8Y SPENIL SLATE Ca COLORAOC OR TEE01l0i 2 u: Tsc COUNTY K tot' TIP 1(WIf(RNNG :1 KI*CATION S. DOOMIfl(Jh WIMP to MY cosmic...0N rovers 1441 •M••• I'M An r4AM P AM) STN 'SMART FDJPt if Notary Public Stab of COlnrado Notary ID 20024031786 My ComeMBMoo Expires 0111512023 LASLMEN1 CLRteiGAIL 1 TOr(JNQ[R$ttcU+F . DO RECTIFY (Xtri ITC. FOR TfEnT HE IMf (V Trv'LTC1W'. './ear. f is HE FA .F tiotrocrs 'aeww OP t* ccHIt4 n M NI (w DOUG L rNCt ASIA C4_2 u:: Of. cCNtBPD ;mvnnw (1PARTMN7 7f ^1AAOMI. it peas Stair 1r r.ataAt1G )x'• TARRY or *inn 1 'Alt IORLOt1NG Qatar-AIr14 OAS ALXecertfoaD err Cit M IMSMPAY p'- 1d7. W' COAa t'i1J fh EXP4tE5_'JrJ�($1 APTNESS Arr time AND SEAL i DITM f. Pit 11.5. 11 0 CCLOJABO YY cQI IEIIISIGN EMU MILS 7207' 9054ITIR'5 (3miICATE 1 GARY A IIAVWQ A REIlSITRDT N(tItc'ZIof4I, LAM' Sl$Mt'0R M PI %TAIT OF COLORADO. W HERESY CERTIFY THAI 114 %NWT NEPRESLNTED BY lids PLAI WAS MADE LIMBER W VtRSf1Ml SAIPIWv1SION. AND THAT 94*5 PLAI TS AN ACCURATE REPRESENTATION THEREOF I cutrOWR CERTIrY THAT PRE SURVEY MO TOPS PLAT neeaS'? is Wit Al! SPr1 KARI E RMS. REM ATMNS, aim 'ORS Of rot STAR Of C(I r.✓R A^-, -'.'r tr44t, Ct RrCIcTRATWS re* PwerstiONAL FNCINT Mrs UN) VR(1T S9n4Ai PY CARY N. 1/41:Lbus0-9111/ !rvtmR't NUJ. - 74102 COMM() PRctawalaa. / T BASIS Or B(ARENG '•' LIING THE CAST UHF OF 91E S(ITTHWE:'T 1/4 X SECTION Fit, lOWNSMFI I MOWN. HANOI 6!) WEST AS BEARING NORTH 00.0('40- N1`'1 RIIWITN Mr I REIN() MONUMLNIS AS SHOWN ON TIi1K SURVEY. AND MITI / NI 0'NE R 0EARINCS CONIAINFT) HFRFIN RFtAlNVE THERETO. 2 ALL DISTANCE MEASUREMENTS SHOWN ARE IN U.S SURVEY root S. FOR EASEMENTS AND RIGHTS OF WAY HAMMER LAND SURVEY1Nf. RELIED ON WELD COUNTY (CMS IMERSITE NOTICE, ACCORDING TO COI ORA))() IAN YOU MUST COMMENCE ANY L EGA! ACTION RACED UPON ANY tWrftt IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH Orr1C1. IN NO iVINT MAY ANY ACTION RASED UPON ANY DIFECI Ht COIEMENCFD MORE THAN TEN vrAns MOM Tilt DATE or CERTIFICATION SHOWN HEREON HAMMER LAND LN(T . INC. 3050 67TH A ': - k, i i , SOU- 21 H GREELEY. CO 80634 PH: 9/0-535-9318 i si WILD came' w4ll NOT WIN so (HERE APPMG SAsne,nS 4 'CATTD SINN freST•40 Nine' -a RAY ')R e' In Rneirsof r7nctiic um Mr. *Ma4 THE fxfiTINO clxNty 126.111 o1 .w0v '111.1 ACCESS AND 'MUTT CASEMENTS ARE BEtICATEO 'OP TM @Oen TIT Au ORNtes Or TOTS Otnell ON TIPS PLAT, 1NCUJORI' fWN(Rs or I LfTRR. Lois (MA'TO nN RI I MOM, REGARD' r:S 04 10; COMHGURATION OR NUTINCR OA USER:, AMO WInK111 IIMIAIKIN O OE USE CM NIENSITY Or OR 115E 01 SKN14 IAS/MtN15 NO tot MICR MAY INSTALL A 'AFT OR OINEMRSL UPLD1. IHI USE OF WI FASEMENTS Willful tut API'41!NM ry Al. ICR$OM1 Wit. R0HH5 Of *TM or St1CH EASEMENTS 8) ACCESS (IN 94 SPE stIN1 n MAMTANrff To AATcatT ANY earveYs Tn nw nuOuG ROAD NCLUfxap 1N1'< •Ml/OR OF%'Sltr TRACItO r. O)PQVSVMi0 nA RHEAS' Or BIIlp•4G PINUPS. II( APPLICANT SHALL BE REAMED In SIABrT A COMAS AC-^ts'S APPOCA0011 FOP A 'PRLLIMNARRv APPROVED* ACCESS I OCARM K. 5fl ON TITS PI,' (t(PAPt*N' Or 19164 IC WON(S) 'n)M4Y WYVA< IINI MAY OCCU"t' 1541 UR tNCIIOACH UPON ANY COUNTY RIGHTS -OT .WA4 nR rASrvrNT 5444, 04:71'47 MI N4'ROYED NIGHT -(r -WAY IMF PFRIAt PPI(S Tn remsET•rrMFNt 1100 HISTORIC -AI Fl Ow PAIR NN•: AMP I$ISat I MAD INT$ fit lit IWNIAINto OM 114 'ZT1 '711OPOGRAPHot OR PHYSICAL ITAO1RfS of TM PROPOrjO Eats Stet' A', RANAWt. Ottr4t. 'ionn' MAY I NW 1)41 AREA AVAlLARI F rf tt A M'S OR 4(11143a0141 111 'YPIIT: ter OEV 13)1NOOa 10 e•4 Kilts OF m.aa(. PERMTS. flit APR OK! Win. Stilts! • REWORDED OUR (1F!CPI*'- TW LOT UPON worn os Rua not. PERMIT IS RfOIFctTO wins TIE M opt ot pun Anti ° AJNS. 1' I T'CN orcometM)N ON W. O T) e t t Cl 710E fur I of rt cWafAtfl AR O ituais n H to wen '*7188'8 '9)PRIOR ID THt RILLASE of Nt*,00 t IYWINt5 ON TOTS A. 8 00 C, flit APPT (CANT %runt roman IV'OCA1 IC) 114 DEPARTMENT OF PLANNING SERVICES THAI (OT ILLS AN AN Quart WAIFS SWIM Y [y s9N)r;[1. OtW TTY, 011ANTITY *141 OR'/NIEMP.ITY 5)POWITTWAl 9URC11A!ENS SHOULD Iir AWARE 94AT LOTS A, R AM) C MAY NOT et II KJA t FOR A CXXISS I WELL PEPINT 9AMCt' ALLOWS TOR OUTSIDE IRRIGATION 040/OR T.f WAGERING O StOr'1t WWI% Hof :TAN OIVPvnN of wain RES/XOTGES IS•AXS An VFl t of Mat*. t M PU1L15T*AL PUAU4•MR5 SHOULDER Fat 0401 (RO1IROMITEtr MAT NOT MITI AtI fAMf(wG MA'., SIANFDARDS ,q OCFNED BY 94 CONORran IFPNRT14NT Of PURR •r&A. Alt (MAN' PAMM COLNfY DF PARTE4NT Or rts K ITN rP t1' Aft' afl /[NI ' Tt10NOf Y I Wurt40E'r *AI: 'P3 R!. In tt TWill OINIItNIC: WS'FR 1184* TO L•(M41i ,unfl JN AM) I'IPKX* ittY 71416 A TFR 17)POTENfW PI..RCnASLRS SHOUAO M AMR! THAT APPRfNN (If *Ha RECOAOTT ix1M''Ks. uor: WI'. C.UARANTFr THAT 401 Pt0wuTS woi Br 'SSIR'D 100 04 LOIS ANY 101 MAY NN IN.l1Nt0 126TH-HIRUMtl1 W AM POT fIWINR R 7#7081 TO ARAN A Wit PERMIT TIN SUIT DM51*N M WATER RE`:nifffl'i r"401' NI W1.1 'WWI' l '8)9*2MNO ('ERMIS ;MALL BE W WO PRIOR TO rot CONSTRUCTION or ANT &S Mit MROWR.', 'II) SIFT 1e• Ot *AlOw or AN AC FIFTIPM ERIN GONG 140 nit M OUIRIWNIt. 01 44 c l VJN .-v-1 M 4(4' SECTION 79 1 R).R.13 fW it *1112 roomy CODE (Si NOT N UE, autoiN6 N REIT5. HOaESTR. a frutwICATT or crWWtlANCt MIST BE TIED VIP '14 'Z/MnANNO 7E.POTHIENt AND Ni nrcteca NA:/Lc ItUMBfP% PCQWT K Rt1ANta TOR PMY fL.ECTUICAI WRY' TO T// meow OR SAWS RIP WATU1Lr4G I'I WA`PIOr n t.MStOrK OR poiJLTMY •91DLALDRA: "TIMFM r,SULn ON Fo ;wvwnun Inn wrl Is sc want to AO.N P4 Clr 1,1 Clllwn-SI!W INN' lMIW't rfT 084X8026 20)tultDINC PEAYRS 1551110 ON THE PROVOKED LOTS, Wait At RrOUAEO TO NPR 'a in IM rrl StW1r,tI,I,1 Of Olt r..MIMry rMN IW ITT AB) (R/MAY MAKIT rnf PN4OCJlaW. 21)POTLNIW rJRCHAstwS ARE POESY HOTPOT' THAT A c.tYnvn ANIMAL r;E01c OAN4tKTN 1% or th' eY SUP 6R IOC IS OCJATtt ON PRCPOSFn PM. ROF.D F'CFMPTOM tot n rat -Sal wa'is FR E u.. rNCOINTERFn AKA t1Dr 0,757 TR')M 1RUr'cc. ,RActr1K ARn ra.is'wto Itr.t rtlnj ARRAN W •. COWS 10(0 WNW CONAN-MNt 'AKA IMO S*ST 10 94 FR :'(MEAL,', 77)RCI1 In I XIRAr1 NIERAL At'2X ILLS SIAtL14M1 MID count.. •m4 Soutar 44 M(LST WIPM4.1. M14ERN NN SOURCES, /ICItONNG• Ott' CT 10Atrn t0, sANI mrt mown, ft 5allNIN ae; WI COM. UIIDCR IOU 34 M iN CUOMO, RMSFT StATttTTS, MNKRAIS Apr SRN IR tamps% 1*rAtrs4 (AI THr Stalls cn.aERCw, 1 ega&. DEPOSITS ARE CSSISOIAL tr` Fs! wan, r(YINOMT, Ca) he rem Di r. COMMIS a 114. STATE rACt A Cloticat STIORTACE Of SUCH IlFr'0Y.Irs: aND (C) 515tH trrnsTTs 51Kx,l l LKT1ACTLD ACCORDING TO A RA ONV PLOW, CµhAATT11 1!, aynin WASTr of 110'4 MITY.;1K ul, CAUSE flit LEAST PRACMA6u Trolo TION rr Tut( fCCsore NC Comm* :a LTt Ct 'M UII(rN5 THr •019401K Gt$141WG (It rot • Ail Haft% RESOURCr LOCATIONS AIV *WNS7RFAn DelOuG•CifT 1W ;awn AN) I't11Ster IW!*d(. woo T,4'., arms tint nrna.QF THE 401501x. .W'OCT!. ASSOCAtir WITH MC; OVLL P14Nl Or TIN IME$- Ma1RA RES'OUI'1 SITES NC TOW TO TOR GEOGRAPHCIL Alt) GEOw(YSCAL LopfatONri m0R• VTR, net, RESOURCts AIR PNOItCSEC ritioeLRTI 8005 MC +*41504 fly R•. SHOUIr e• *11fl ',FT 1.4 OPPORTUNITY TO EXTRACT THE INNFRAI RISAl1RCI. /3)My.ID COUNTY'S REM 10 at STATEMENT- PEW COUNT. rs (ONE W 144 44:'51 .NI000CfVt µRlcuLTIMAI COUNTWS M 04 (IM1ly STARS. TYPICALLY ILA141VA: 04 ONE 1(11 4(44 (01INTFs Ni T"I COUNTRY IN TOTAL WRITE VALUE 01 AGRICULTURAL Poonuc15 SOU) To KLAN ARCH( M Wrin coley. W Y BF DI'L7l A!) SPACIOUS. BUT ACT An I14TENSAf Y WI) TOR Naar n aE ToTtlt.UM; M(NINC NM ' MST* AREA MUST RLCOGIEDI A/IO ACCEPT THEM Hp (1A4AW1&cKS. W4CLUOWK: cow IA IS wi' IOW. STAMING AGRCU TURN 00AC WI s AND A WIMP LUYLL Of !awry; 'AWN M IOWNA MOW: M' IRE MIMLWK$ COW. Fo wn NAILS WINCH MIRK, MIME Ul SCRti TO ITILLMATI TO MAW ASA OPEN stirs. }7MT•RLUI$145'. walTurE. LAG( Or an NOISE A/O COSICZSip1L MO THE RIM AITAMP,t1.1 NO *01 Or Lot. MTIQIT Immere 110 TARN$, Nov rtayAr *CH Anat. , Iar1AN neF't rlr. ' R4AN4 wren COUNTY w(11n'JTIKKIv It r4MW tYMEYTR AO16C'ut ivsus USERS OT THE LAM) 'W*JI D mot Tt Fyn two TO CINNX.F TICS 14481:- I %Ia ANWAR 111811 PRACTICES IC KT.VMNMATT THE morusKONs D' umiak USERS Mtn A OLPAt *ELL ERAI ADRN\RnIRA, ACI7V111F: W11t Gr NIRAWT 7X1 !pit UR'ACIc east knit NONN I RN114 TR•. AM) FOIAPM'NI; SLOW ROHM FARM VI NCI IS FIN RIPEN ROW'S, MST IRIW ANIMAL PENS, FELL A 4LWM SI ANO ((RAWI SEWN'.. OT11R MOM ANIMAL CONnNE1KIR. SRAct AND MAK'RE. sl*14 FRTAa :7,1 RIRMNC; RA'; AND MOSOUtOES. HUNTING AM) TRAPPING A'TMI*S, SHoOT/4C from. IIC.A .KyINL; MMSA$CE spurt so THE VSt or IT51CIOES AND MI MN M 11* num. 44C)I as; n$ U5t • APPAL SPRAYING. R IS COMM PRACTICE FOR AGfbrtA ROM cn.cng ERS to I MI RI AN ACCUMULAIIWI' AGAKUL TIIEAM WORMRY Aral 915'Lt3 TO *5951 N MKq *cRr,1LTURF4. OPtRAIC NS. A LCMCIMRAfr'.', M 1l.Ct1(AR-nil'.' AAy6CjA gat SaltOtALS OFTEN PIIOMICI.S A ‘ITSUAI. orison gnus RURAL AND (WHit. AREAS 01 94' CLXUNIY SECTOR 35 35 - 102. CR.S S. "mmCS NAY AN ArANDA flaw 01'FJATWM4 $TIALL 4407 8t IOIXID TO et A PUE1l1C WE snarl mussy W THE stia:ul TURN (1'T*ATW1i x uGIL, • • M A Namur L EMPLOYS AR TACOS Mt PRACTICES THAT MI COMMA v OW Pr*505MP Y A':J noTED MI. AGQICIq TIMM F*00 LOU'T'H WAIIN HAS 141N. AM) CONMwMIE% 10 0E. 1/4 LSILMH ow nit AORCIATURN FOWAtielFr 'INNI'ALISTC TO ASSUME INA' OOests AA10 NE%awf05 MAY *API.' or wasp -non of mar w.' RLSIUfNNI DEVELOPIIEN1 *41t WNW TO THr CO19NTY PROPERTY OMORS £110) RI';IOLNT'.i u; RtALIN THEY CANNOT IAKF *ATM rows sistrawWi OtC'R'. PANE': rat mIRR •.tsA'tUMS IAdty.; IHM HAW AN NiA1w'AIYD Stilt in Ins WADS *11.0 COUNTY a44TIS A (/MU ARIA 01 APPQORMISEIr 1(1140 MOLY4JC (4,t Ei SAWN as: 0. 'co (Ire! De SIZE DF 94 sTATt Or OfLAUNt) WWI MOUE SAAR T,at 1110U$Nh SEWN '01541011) (3,701 MRCS, CO STATT Nt) Cairn Pelts arced o1 MPICPN ow% •HF 9f1'R IMMS OLTIV IF HR MIA 0r SMV/T) STRrTCWs AV*at lnmi c.ts (M FwoerfwtNt 15 IASHI ref QtsaON!its to costruNt' SIGN MAN FIN PATRRS OF 1rt ''IRAN'S. AM) 117E rvt7AN(rs W004 VITSI RI IRMVEO LD MAY DU TAY ALI EMERGENCY Ili SPOIOW5, A4n(KS( UAW I NI MOW 141 AAMII'AHCC. ARO rit71 FIRE PRO'( cIN)N IS USUALLY PRTMt1n Iv vnt UNITE RS 4140 '*151 I FAH AIM _085 AND rAM1Ur; to RLS1'ofi) (O tlapcnle,r'. CDINIY CSAVEI ROW), 140 MATTER NOW CS TEN THEY ART. BLADED, MIA NOT PR(MDF 94 SAMr KIND r S URFACE IXP(.C TLO /ROM A PAVED ROAD. SNOW RFAIOAN PRK)RITFS MEAN THAT R(a1TS rWt*I S. iWKtvriwr•, TO ARTERIALS MAY NOt Et cumin FOR WAWPL Can ant A taunt SW*sTORM SARNnS N RVRsu. AREAS, IN MANY CASES. ITNTL NOT RI rg411W TN• TO MINICR,AA 'JUVICrC RURM OMILL IRS lO ST BY NETESsWv RE 14118E Snr-sorrinfN1 THAN ARAN OOELLERS f 001.1 rat EXPOSED TO UWTtptM1 HAZARDS* THE COW. nNN N AN 'l ts* tar 'siamNMN SErnn'. IMAM rOl1M'YIN AFC CS lN(n tWW'MNo. mellls A151 Reoramen4 (5704. (tjrt11KAA w'MLR H(w AR1P'. aM7 'X191 F'Alol OPIRAIIONS, 14611 SPLIT MNAI; K SAM) OUTS, "IT#C'UNt VPky. t1SMIOQIAL TARN TOOT AIM I MSTnfw sic OPEN manic 'HR'SENI REN. TItRLAI . CON11INXLWeG f141tfotw" A:TMTE`', r *S'O*lAN'. NO, OMI rU0 +Mutt }NI 'Y WI NSO 1'011 777E POOTIr LION 011 TM! FARMER LM: LPRX)$) 1 RECORDED EXEMPTION SECTION A, TOWNSHIP I NORTH, RANGE 65 WEST. 6TH i'.M. SECTION 8. 1OWNSI(IP ' NORTH PANC:r 65 WEST, 611-I r M. 11ATr• E /In /In g�1516 - to EXHIBIT kLiL -o lob. AMENDED AM) RESTATED REAL ESTATE LEASE AGREEMENT THIS AMENDED AND RESTATED LEASE AGREEMENT ("tease") is made and entered into effective this 2nd day of October, 2018, by and between English Feedlot I1 Lt.C, a Colorado limited liability company ("Landlord") and ReNewTrient II, LLC, a Minnesota limited liability company ("Tenant"). 1. LEASE OF PREMISES 1.1. Lease of Premises. Landlord leases to Tenant. and renant leases from Landlord, on the terms and conditions set forth in this Lease, the premises located on Weld County Parcel No. 147308300011 near Hudson, Colorado and described on Exhibit A ("Premises"). 2. TERM 2.1. Initial Term. The Premises are leased to Tenant for an initial term Cinitial Term") of five (5) years commencing on the date the hoop barn initiates on -site construction ("Commencement Date") and ending 60 months after the Commencement Date ("Expiration Date"). Notwithstanding the foregoing, Landlord and Tenant acknowledge that the Expiration Date may change in the event the Lease is extended or terminated in accordance with the provisions of this Lease. 2.2. Renewal Term. Tenant shall have the right to renew this Lease subject to negotiation for up to two (2) successive three-year terms (each a "Renewal Term" and, collectively with the Initial Term, the "Lease Term") by providing written notice to Landlord no less than 30 -days prior to the end of the Initial Term or Renewal Term (as the case may he). 2.3. Earl\ Termination. At Tenant's election, Tenant may terminate this lease agreement. Tenant terminates the lease agreement prior to the end of the term, Tenant shall pay Landlord a termination fee equivalent to six months' rent. 3. RENT 3.1. Base Rent. Tenant shall pay to Landlord base rent for the Premises ("Base Rent") as set forth below. Base Rent shall be payable in equal monthly installments, in advance, commencing on the Commencement Date and continuing on the first (1St) day of each subsequent month until the l ;xpiration Date. In the event that the Commencement Date falls on any date other than the first (1 99) of the month, Base Rent for the first month shall be prorated based on the actual number of days included in such month. Base Rent shall be paid without setofff, deduction, demand or counterclaim of any nature whatsoever. Applicable Period Lease Year 1 Lease Yeai 2 Lease Year 3 Lease Year 4 Lease Yeai 5 Annual Payment Monthly Payment $21,600 $1,800 $34,560 $2,880 $51,840 $4,320 $51,840 $4,320 $56,160 $4,680 3 2 Additional Expenses Tenant shall be responsible to pay directly all taxes related to (a) insurance, (b) utilities and (c) any incremental improvements as set forth in this Lease Additional expenses shall be paid directly by Tenant to the applicable collecting authority or utility provider INSURANCE 4 1 Liability and Hazard Insurance Tenant shall procure and maintain insurance, at its own cost and expense, containing such teims, coverage amounts and endorsements as are commercially reasonable Landlord shall be named as an additional insured and Tenant shall provide Landloid with evidence of such insurance upon the Commencement Date and upon request of Landlord Tenant shall be responsible for insuring the building and all personal property owned by Tenant and used at the Premises 4 2 Other Insurance Tenant shall procure and maintain, at Tenant's expense, any and all other insurance which may be required as a result of Tenant's business operations within the Premises Such other insurance includes, but is not limited to, worker's compensation and auto insurance TAXES, ASSESSMENTS AND UTILITIES 5 1 Utilities Tenant shall be liable and agrees to pay the charges for all public or private utility services rendered or furnished to the Premises, including, but not limited to heat, water, gas, electricity, sewer and sewage treatment facilities 5 2 Taxes and Assessments Landlord agrees to pay all real property taxes and special assessments and municipal or government charges, general and special, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, imposed or assessed against the Property Tenant shall be responsible for any and all personal property taxes associated with its activities on the Premises 2 6. SUBLEASING OR ASSIGNMENT 6 1 Assignment and Subletting_ Tenant shall not assign, sublease, sell, transfer oi mortgage its interest in this Lease without the pi tor wutten consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed Notwithstanding the foregoing, Tenant shall have the right to assign or sublet any or all of the Piemises to an affiliated entity with the consent of Landlord 7. ALTERATIONS. REPAIRS AND MAINTENANCE 7 1 Alterations and Improvements Tenant shall have the tight, at Tenant's sole cost and expense, to make alterations oi improvements to the Premises, provided that (a) Tenant obtains any and all necessary governmental approvals and permits that may be necessary for the completion of such work, and (b) such alterations and improvements comply with all applicable regulations and laws Alterations and Improvements to the Premises that are not removed within 3 months of an early termination notice (i e concrete slab, electrical service) shall become the property of the Landlord upon the Expiration Date 7 2 Duty to Repair and Maintain Tenant covenants and agrees to keep and maintain the Premises and its Personal Property in good older, condition and repair Tenant agrees to keep the Piemises and Personal Pioperty in as good condition and repair as they were as of the Commencement Date 7 3 General Maintenance Tenant shall be responsible, at its sole cost and expense, to coordinate snow removal, landscaping, maintenance and repair of the Tenants Access Road as defined in Exhibit B Tenant shall provide equipment and labor for grading, smoothing and maintaining Shared Access Roads to the leased property as reasonably required, as defined in Exhibit B 7.4. Landlord's Maintenance Responsibility Landlord shall be iesponsible for procuring and delivering any additional Class V or material for Shared Access Roads that reasonably impacts Tenants operation 8. LIENS 8 1 Liens not Permitted Tenant shall not do anything oi cause anything to be done whereby the Premises or Personal Property may be encumbered by any mechanic's or other mateital liens If a lien is filed against the Premises put porting to be for labor or materials furnished or to be furnished to the Tenant, the Tenant shall remove the lien of record by the payment or by bonding with a surety company authorized to do business in 3 the State of Coloiado, within thirty (30) days from the date of the filing of said mechanic's or other lien Should the Tenant fail to take the foregoing steps within said thirty (30) day period, then the Landlord shall have the right, among othei things, to pay said lien without inquiring into the validity thereof, and the Tenant shall immediately reimburse the Landlord foi the total expense incurred by it in discharging said lien 8 2 Project Financing For the purposes of clarity, Tenant shall be allowed to pledge the Lease as collateral for obtaining normal -course loan finance for the project 9. USE 9 1 Permitted Use Tenant may use the Premises only for the operation of an animal byproduct pelletizing operation, including the storage of finished product 9 2 Prohibitions Tenant shall not store any goods or merchandise or use the Premises for any purpose which will in any way impair or violate the requirements of any policies of insurance on the Premises 9 3 Compliance with Laws Tenant shall comply with all federal, state and local laws and regulations either now in force or which may hereafter be in force, pertaining to the Premises 9 4 Hazardous Substances Tenant wan ants, tepiesents and agrees that its use of the Premises and the opetation of its business thereon, shall not violate any applicable federal state of local environmental regulations (collectively, "Environmental Regulations") Tenant represents that it will obtain, and shall continue to maintain, all permits, licenses or similar authorizations that may be required by Environmental Regulations to conduct its business at the Premises Tenant further represents that Tenant's use of the Premises will not result in the disposal, discharge, emission or release of any hazardous substance in any quantity on of about the Premises in any quantity that will violate applicable Environmental Regulations Tenant shall indemnify, defend and hold Landlord harmless from and against any and all costs, liabilities and claims related to the release or threatened release of any hazardous substances during the Lease Term Landlord shall indemnify, defend and hold harmless Tenant for any envnonmental hazards that occurred prior to the start of this Lease 10. SIGNS 10 1 Signage Permitted Tenant shall have the right to install and maintain signage or other advertising provided that such signage conforms to law including any applicable sign ordinance of the municipality within which the Premises is located 4 11. SUBORDINATION; ESTOPPEL CERTIFICATE AND QUIET ENJOYMENT 11 1 Suboidination Landlord reserves the right and piivilege to subject and subordinate this Lease at all times to the lien of any mortgage or mortgages now or hereafter placed upon the Landloid's interest in the Premises provided that such subordination does not disturb the possession or other rights of Tenant under this Lease Tenant agrees to execute and dehvei, within ten (10) days after written request from Landlord, such further instrument or instruments as may be required by Landlord's lender to suboidinate this Lease to the lien of any such mortgage as shall be desired by Landlord so long as such subordination agreement conforms with the requirements of this section 11 2 Estoppel Certificates Either party to this Lease will, at any time from time to time, within ten (10) after written request from the other party, execute, acknowledge and deliver to the requesting party a statement in writing certifying that this lease is unmodified (or modified then disclosure of such modification shall be made) and in full force and effect on the date to which the tents and other charges have been paid, and stating whether or not said party has knowledge of any default hereunder on the part of the other party in the performance of any covenant, agreement or condition contained herein and if so, specifying each such default, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser, mortgagee or holder of a deed of trust of the Premises or any assignee of any such party 11 3 Ouiet Enjoyment If and so long as Tenant shall pay Base Rent required by this Lease and shall perform and observe all the covenants and conditions contained in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord, or anyone claiming by, through or under Landloid, or any mortgagee thereof 12. RIGHT TO INSPECT 12 1 Landloid's Access The Landlord reserves the right to enter upon, inspect and examine the Premises during business hours provided that Landloid has provided Tenant twentyfour (24) hours written notice of Landlord's intent to do so Notwithstanding the foregoing, in the event of an emergency, Landlord shall have the right to access the Premises at any time without notice 12 2 For Rent Notices Within one hundred eighty (180) days prior to the Expiration Date, Tenant agrees to allow Landlord reasonable access to the Premises to show the premises, and to place "for rent" signs on the Premises 5 13. NON -LIABILITY 13 1 Non -Liability Landlord shall not be liable for damage to any property of Tenant or of others located on the Piemises, noi for the loss of or damage to any property of Tenant or of others by theft or otherwise Without limiting the foregoing, Landlord shall not be liable for any injury or damage to persons oz property iesulting from any natural or unnatural cause including, but not limited to, fire, explosion, gas, electricity, water, rain, snow or dampness or by any such damage caused by occupants, other than Landlord or its employees or agents, of the Premises or adjacent property, or the public or caused by opezatrons in construction of any private, public or quasi -public work Landlord shall not be liable for any latent defect in the Premises 13 2 Indemnification and Hold Harmless Tenant shall indemnify and hold harmless Landlord from all claims for injuries to persons and damage to property arising from use, misuse or occupancy by Tenant, or anyone claiming through oz under Tenant, of the Premises, and will pay and discharge all judgment and claims or otherwise against Landlord iesulting therefrom, no loss shall be borne by Landlord, and also including all claims for mimes to person and damage to property arising from Tenant's use of any entrances, adjacent sidewalks or other portions of the property upon which the leased Premises are located, or any failure of Tenant to comply with the laws and regulations of the State, County or City wherein the Piemises are located or any failure by Tenant to keep, perform and observe each and every covenant, term and condition to be performed by Tenant under this Lease Tenant will assume the burden and expense of defending all such claims and suits (with counsel reasonably acceptable to Landlord) whether brought before or after expiration of the Term 14. TENANT'S DEFAULT 14 1 Tenant's Default The following shall be considered Events of Default by the Tenant under this Lease (a) Rent Upon 10 business days' notice by Landlord for failure to pay Base Rent within twenty (21) days of the date that such Base Rent is due, (b) Bankruptcy The adjudication of the Tenant as bankrupt or the appointment of permanent receiver or trustee rn banlu uptcy for the Tenant's property, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment 6 14 2 Landlord's Remedies In the event of any such uncured default by Tenant, after notice, if so requned, and at any time thereafter, Landlord may, at its option, exercise of any other right or remedy it may have on account of such default, and without any further demand notice (a) Termination Terminate this Lease and provide wiitten notice to Tenant to remove all property within 60 days LANDLORD'S DEFAULT 15 1 Landlord's Default Landlord shall be deemed to be in default under this Lease if Landlord fails to comply with any condition of this Lease within thirty (30) after Tenant provides written notice of such failed condition to Landlord, provided however, that Landlord shall have such longer period of time as may be reasonably necessary to cure the default so long as Landlord proceeds promptly to commence the cure within the said thirty (30) days and then diligently proceeds to cute NOTICES 16 1 Form of Notice Except as otherwise expressly piovided in this Lease, any bills, statements, notices, demands, requests, consents or other communications given or required to be given undei this Lease shall be effective only if given in writing signed by the party giving the same, or its attorney, and sent by (a) certified or iegistered U S mail, postage prepaid, return receipt requested, (b) personal dehveiy, or (c) a nationally recognized overnight courier service, addressed as follows if to Tenant Ryan C Brandt ReNewTrient II, LLC 33272 Oasis Road Center City, MN 55012 7 if to Landlord Doug English English Feedlot II, LLC 14111 County Road 2, Wiggins, CO 80654-8703 16 2 Timing of Notice Any such bill, statement, notice, demand, request, consent or other communication shall be deemed to have been rendered or given on the date which is (a) three (3) days after the date mailed, (b) one (1) business day after deposit with a nationally recognized overnight courier service for overnight delivery, or (c) on the date of personal delivery, as the case may be Either party may change its address for delivery by giving notice to the other party as provided in this Article 18 MISCELLANEOUS 17 1 No Waives The receipt of rent by Landlord with knowledge of any bleach of this Lease by Tenant or of any default on the pact of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any of the terms, covenants oi conditions of this Lease No failure on the part of either the Landlord oi the Tenant to enforce any term, covenant or condition of this Lease, nor any waives of any light by Landlord oi Tenant shall discharge or invalidate such term, covenant or condition, or affect the right of Landlord oi Tenant to enforce the same in the event of any subsequent breach or default 17 2 Captions The Article, Section and Subsection headings in this Lease are inserted only as a matter of convenience in reference and aie not to be given any effect in constiumg any piovision of this Lease 17 3 Successors and Assigns The covenants and agreements contained in this Lease shall apply to, inure to the benefit of, and be binding upon Landlord and Tenant and upon their respective successors and permitted assigns, except as otherwise stated to the contrary in this Lease 17 4 Amendments, Modifications This Lease may not be changed, cancelled or discharged orally, but only by an agreement in writing and signed by the party against whom enforcement of any waive', change, modification or discharge is sought All 8 understandings and agreements between Landlord and Tenant ate merged in this Lease which tepresents the entire agreement between the patties and which fully and completely sets forth all terms and conditions of the transactions embodied in this Lease 17 5 Severability If any term or provision of this Lease or any portion of a term or provision of this Lease or the application of any such term or condition to any person or circumstance shall, to any extent, be invalid of unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law 17 6 Counterparts This Lease may be signed in any number of counterparts, each of which when taken together shall be deemed to be a complete document 17 7 Governing Law This Lease shall be governed by the internal laws of the State in which the Premises are located, without regard to principles of conflicts of law 9 IN WITNESS WHEREOF, the Landlord and Tenant have respectively signed this Lease as of the day and year first above written TENANT 14856702vI 19393 2 1 ReNewTrient II LLC a Minnesota limited liability company By Name Ryan C Brandt Its VP Operations LANDLORD English Feedlot 2, LLC a Colorado limited liability company By EXHIBIT A Parcel Description )ff ice Trailer --ID, f mployr►e Parking 50' x 100' Pellet Building (with a:Pt a. I irntihed Product Storage Appi ox 300 feet I EXHIBIT B Access Roads RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17'F' AVENUE * GREELEY, CO 80631 www.weldqov.com ' 970-400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ 600 + the $1000 pd with original submission APPLICATION RECEIVED BY: AS DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: 1/24/2019 RECX18-0167 Chris Gathman • Parcel Number 1 4 7 3. 0 8. 3 _ 0 0. 0 1 1 & 1473-08-0-00-012 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's map found at wvwv.weldgov.com) Legal Description SW4 8-1-65 , Section 8 , Township 1 North, Range 65 West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES Is the property located in a floodplain? YES n NO Unknown rt Is the property located in a geohazard area? YES ri NO FEE OWNER(S) OF THE PROPERTY: Name: Doug English Company: English Feedlot 2, LLC Phone #: Address : 14111 County Road 2 Email: Unknown II Non City/State/Zip Code: Wiggins, CO 80654 FEE OWNER (cont.) or APPLICANT: Name: Ryan C. Brandt (ReNewTrient II, LLC) and Zach Neal (Expedition Water Services) Company: ReNewTrient II, LLC and Expedition Water Services Phone #: Address : City/State/Zip Code: Email: rbrandt@nuorganics-Ilc.corn & zneal@expedition-water.com AUTHORIZED AGENT*: Name: Shannon Toomey (AGPRO) Company: AGPROfessionals Phone #: (970) 535-9318 Address : 3050 67th Avenue Email: stoomey@agpros.com City/State/Zip Code: Greeley, CO 80634 *Authorization Form must accompany all applications signed by an Authorized Agent smallest Lot A lot Lot B Lot C Lot D Proposed Use (i.e. Ag or Res) USR18-0102 Res USR19-0002 Ag Proposed Acreage 5 +/- 5 +1- 10 +/- 140 +/- Address not assigned not assigned not assigned not assigned I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. ) ___-------e--'--/ j i tit t t ta ut 'A j S S gnature: Owner or Aut /42 ? Agent ate Signature: Owner or Authorized Agent Date t_?O‘ ivy" ;4 Print: Owner dr Author ed Agent Print: Owner or Authorized Agent if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Page 16 4475323 Pages: 1 of 4 03/22/2019 08:46 AM R Fee:$28.00 Carly Koppes Clerk and Recorder, Weld County, CO III NritrikkliO1/4:1101 L �iWcWiLI, 11111 SHARED ACCESS AND UTILITY EASEMENT This Shared Access and Utility Easement Agreement, made and entered into as of the day of Ogr , , a , tt$ , by and between English Farms, Inc., located at 14111 County Road 2, Wiggins, CO 80654 hereinafter called "Grantor" (whether grammatically singular or plural), and English Feedlot 2, L1LC, located at 14111 County Road 2, Wiggins, CO 80654 hereinafter called "Grantee." The parties agree as follows: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants and conveys to Grantee, their successors and assigns, a perpetual, non-exclusive, private access and utility easement (Easement) for the benefit of Lots A, B, and D of recorded exemption RECX 18-0167 in, under, upon, about, over and through that property owned by Grantor situate in the County of Weld, State of Colorado, being described as follows: A 60.00 feet wide perpetual, non-exclusive, private access and utility easement on, over and across a portion Section 8, Township 1 North, Range 65 West of the 6"' Principal Meridian, County of Weld, State of Colorado, more particularly described on the attached Exhibit A, hereto and incorporated herein by reference ("Property"). GRANTOR FURTHER GRANTS TO GRANTEE: (a) The right of ingress to and egress over and across the Property by means of roads and lanes thereon, if such exists; (b) The right of using such roads on and across the lands as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (c) The right to construct, maintain and use the roads and lanes which now cross or shall hereafter cross the Property; (d) The right to install, maintain and use underground utilities which now cross or shall hereafter cross the Property; (e) The right to mark the location of the Easement by suitable markers set in the ground, provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement; (0 The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Property; (g) All other rights necessary and incident to the full and complete use and enjoyment of the Easement for the purpose herein granted. GRANTOR HEREBY CONVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on, across, or over the Easement which would impede or interfere with the Grantee's use of the Easement, and Grantee shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. Grantor shall consult with Grantee prior to the installation of any of the above described improvements on or across the Easement and the improvements shall be mutually agreed upon in writing; (b) Grantor shall not grant any other easement, right-of-way, or license upon, under or over said Property without the written consent of the Grantee; (c) Grantor shall not interfere with the Grantees construction, installation, reinstallation and maintenance of such permanent road or underground utilities within the Easement. (d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said lands are free and clear, and clear of encumbrances and liens of whatsoever character, except the following: Those of Public Record. Page 1 of 3 4475323 Pages. 2 of 4 03/22/2019 08 46 PM R Fee:$28 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®II! IVIARM'IE,'IKI MI IV.l'Mlk'ii iiiirilA Ulitvil 111111 GRANTEE HEREBY COVENANTS AND AGREES (a) All utilities shall be placed underground to a minimum depth of three (3) feet (b) That all trenches and excavations made in the laying or repairing of such underground utilities shall be properly backfilled and as much of the original surface soil as possible shall be placed on top All large gravel, stones and clods will be removed from the finished backfill Grantee will finish the backfill after normal settling of the soil so that the use and enjoyment of said Property by Grantor shall be suitable for the purpose now used Grantee will maintain the trench area and buried utilities during installation, reinstallation and maintenance of said utilities (c) All installed underground utilities shall have cover sufficient to protect them from damage, with a minimum cover of three (3) feet (d) In the event that the above -described lands are being used for grazing purposes, Grantee agrees that during the period of construction of roads, or utilities hereunder, or any subsequent altering, removing or replacing of said roads or utilities, it will leave or arrange for reasonable crossing over said Easement for the cattle and livestock of Grantor and its tenants and lessees Further, whenever it becomes necessary for Grantee, its agents or contractors to cut a fence on the above -described lands, Grantee agrees, at is option, either to keep the gap closed or guard it in such a manner so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual locks and to furnish Grantor with one set of keys thereto Before any such fence is cut by Grantee, the same shall be braced in order to prevent slackening of the wires along with fence in each direction from Grantee's temporary gap (e) In the event the above -described lands are being used for the growing of a crop which requires irrigation at the time the roads or utilities are constructed, altered, removed, or replaced, Grantee agrees, unless otherwise provided for, to install and operate flumes or appropriate crossing devices across the Easement at all times during such construction or maintenance operations Grantee further agrees, unless otherwise provided for not to block, dam or obstruct in any manner an irrigation canal, drainage ditches, creeks located on said land, and also agrees to replace or repair any levees or banks disturbed or damaged by Grantee's operations on said Property (1) Grantee shall restore the surface of the Easement, as nearly as reasonably practicable and permissible, to its prior condition following any disturbance occasioned by construction of use of the Easement by the Grantee, its contractors, or agents (g) Grantee shall be liable to the extent allowed by law for loss and damage which shall be caused by wrongful exercise of the rights of ingress and egress or by wrongful negligent act or omission of or of its agents or employees in the course of their employment. (h) Grantee shall not erect or place any permanent building, structure, improvement, fence or tree on the Easement unless mutually agreed upon in writing, and Grantor shall not be liable for their removal if they are so place, and Grantee agrees, at Grantee's sole expense to so remove such items Grantee shall consult with Grantor prior to the installation of any of the above described improvements on or across the Easement and the improvements shall be mutually agreed upon in writing IT IS MUTUALLY AGREED BY THE PARTIES (a) Grantor reserves all oil, gas and other minerals in, on and under the Property, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the right and privileges herein granted to Grantee (b) No act or failure to act on the part of Grantee or the holder of any interest in the Easement shall be deemed to constitute an abandonment, surrender or termination thereof, except upon recordation by such holder of a quitclaim deed or release specifically conveying the Easement back to Grantor Nonuse of the Easement shall not prevent the future use of the entire scope therefor in the event the same is needed Use of or improvement to any portion of the Property by Page 2 of 3 4475323 Pages: 3 of 4 03/22/2019 08:46 AM R Fee:$28.00 Carly Koppes, Clerk and Recorder, Weld County, CO III Yelil ilk; 11 III Grantee or its successors or assigns pursuant to the Easement shall not separately or in the aggregate, constitute an overburdening of the Easement. (c) This Easement and any amendment hereto shall be recorded by the Grantee. The Grantee shall provide Grantor with a copy showing the recording information as soon as practicable thereafter. (d) Each and every one of the benefits and burdens of this Easement shall run with the Property and be binding upon Grantor and Grantee and any assignee, and their respective heirs, transferees, successors and assigns, and all persons claiming under them. (e) This Easement shall be governed by and interpreted in accordance with the laws of the State of Colorado. (0 Grantor and Grantee hereby agree that should Grantor or any unrelated third party request a crossing agreement or encroachment agreement in connection with the crossing over, under, on or encroaching over, under, or onto the Easement (any such document is referred to herein as a "Crossing Agreement"), then Grantor and any unrelated third party shall coordinate with Grantee, such Crossing Agreement; such Crossing Agreement must maintain a minimum of three (3) feet of cover and must not interfere with Grantee's rights under this Agreement. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this chi day of filo Y• , 20 11. GR _ TOR: EnlisFarms, Inc. 4 Douglas . :nglish STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this vV 20 /9 by las C. Fre iteSlit My Commission expires: /1,5---A3 day of 11ia/i.C G�( tgest, Notary Public Page 3 of 3 r as Grantor. Jodi L. Reed Notary Public State of Colorado Notary 10 20024037286 My Commission Expires 01/15/2023 4475323 Pages 4 of 4 03/22/2019 08 46 RM R Fee $28 00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT A ®IIIPALI n 111 ACCESS EASEMENT CENTER 1/4 CORNER SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P M FOUND A 3 1/4" ALUM CAP ON A 2 1/2" PIPE STAMPED 36060 rS 78'17'11" W, 151 59' N 89 42'02" E, 2603 81' (BASIS OF BEARING) S 89 42'02" W, 2425 38' rn 0 WCR 41 60ROW N 00 00'31" E, 30 00' 7817'11" E, 158 04' S 00 00'00" E, 61 28' LEGAL DESCRIPTION N 89 42'02" E, 2418 98' N 00 09'02" E, 30 00' S 89 42'02" W, 30 00' EAST 1/4 CORNER SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P M FOUND A 3 1/4" ALUM CAP ON A #6 REBAR STAMPED 22098 PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS BASIS OF BEARING ASSUMING THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECT10N 8, TOWNSHIP 1 NORTH, RANGE 65 WEST AS BEARING NORTH 89'42'02" EAST BETWEEN A FOUND 3 1/4' ALUM CAP PLS 36060 ON THE WEST END AND A 3 1/4 ALUM CAP PLS 22098 ON THE EAST END, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO, COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 8, THENCE SOUTH 8'9 42'02" WEST FOR A DISTANCE OF 30 00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 41 AND ALSO THE POINT OF BEGINNING THENCE ALONG THE WEST RIGHT-OF-WAY UNE OF COUNTY ROAD 41 NORTH 00 00'31" EAST FOR A DISTANCE OF 30 00 FEET, THENCE DEPARTING SAID RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 41 SOUTH 89 42'02" WEST FOR A DISTANCE OF 2425 38 FEET, THENCE SOUTH 78 17 11" WEST FOR A DISTANCE OF 151 59 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 8, THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8 SOUTH 00 00'00" EAST FOR A DISTANCE OF 61 28 FEET, THENCE DEPARTING SAID EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8 NORTH 78 17'11" EAST FOR A DISTANCE OF 15804 FEET, THENCE NORTH 89 42'02" EAST FOR A DISTANCE OF 2418 98 FEET TO A POINT ON THE THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 41, THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 41 NORTH 00'09'02" EAST FOR A DISTANCE OF 30 00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 3 59 ACRES HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE, SUITE 200 GREELEY, COLORADO 80634 970-535-9318 CLIENT: EXPEDITION WATER SOLUTIONS - ENGLISH FEEDLOT 1" = 500' Hs: "`999 Z — 3 o 191 v.``�� 1tf1IHI1'ttV SECTION 8, TOWNSHIP 1 NORTH, RANGE 65 WEST, 6TH P M COUNTY OF WELD STATE OF COLORADO ' DATE 3/15/2019 PROJECT 1516-10 Hello