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Home My WebLink About20181383.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17Th AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE; DATE RECEIVED: AMOUNT $ 4415 CASE # ASSIGNED: APPLICATION RECEIVED BY MH PLANNER ASSIGNED: MH Parcel Number*: 1 0 5 3- 0 4- 0- 0 0- 0 1 4 (*A 12 digit number on Tax I.D. information, obtainable at Address of site: 23655 WCR 55, Kersey, CO 80644 www .w eldnov.com). Legal Description: PT NE4 4-4-64 Section: 4 Township: 4 N Range: 64 W Zone District: Ag Acreage: 156 +/- Floodplain:OYON Geological Hazard:OYON Airport Overlay:OY ON FEE OWNER(S) OF THE PROPERTY: Name: Jerrold and Starla Brethauer Company: Phone #: Email: Street Address: 23655 WCR 55 City/State/Zip Code: _ Kersey, CO 80644 Name: Company: Phone #: Street Address: City/State/Zp Code: Name: Email: Company: Phone #: Email: Street Address: City/State/Zp Code: i4PPLICANT OR AUTHORIZED AGENT: (See below Authorization must acconpany all applicetions signed b yAuthorized Agents) Name: Kelsey Bruxvoort Company: AGPROfessionals Phone #: (970) 535-9318 Street Address: 305.0 67th Ave City/State/3p Code: G feley.. CO 80 34 PROPOSED USE: USR on an existing dairy site for 5.000 head of cattle_ Email: kbruxvoort@aros.com I (We) hereby depose and state under penalties of perjury that all statements, proposals, andior 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 mustsignthis 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 indicating thatthe signatory has to legal authority to sign for the corporation. Signatur: Owner or Authorized Agent Da e Signature: Owner or Authorized Agent Date el \(ciair7casLs Rev 412016 Print Nana Print Name r AGPROfessionals ■ DEVELOPER OF AGRICULTURE November 21, 2017 To Whom It May Concern: Jerrold and Starla Brethauer are working with AGPROfessionals for all permitting, planning, engineering and regulatory work relating to a Weld County USR_ AGPROfessionals is authorized to represent and request the release of all records necessary on behalf of Jerrold and Starla Brethauer. We respectfully request that all correspondence be directed to AGPROfessionals. Sincerely, Starla Brethauer rrold Brethauer 17 Date - - 17 Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Greeley, CO 80634 970.535.9318 / office N 970.535.9854 / fax r www.agpros.com AGPROfessionals �■ DEVELOPERS OF AGRICULTURE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE Prepared for Icon Holsteins, LLC Planning Questions: 1. Explain, in detail, the proposed use of the property. Icon Holsteins, LLC is requesting a Use By Special Review (USR) on an existing dairy site for 5,000 head of cattle located on a 156 -acre parcel. The site is located west of Weld County Road (WCR) 55 and south of WCR 50 approximately 2.5 -miles south of the Town of Kersey. Activities will include milking dairy cows; feeding, housing and raising replacement stock; storing and processing feed; storing and maintaining dairy equipment; and farming. Supporting infrastructure includes buildings and corrals for livestock husbandry, equipment storage, maintenance facilities, waste management control structures and employee housing. The expansion of the facility will include two (2) crossvent dairy barns with robotic milking machines and milk load out area. The existing open lot dairy will be used to milk non -conforming cows and as a hospital barn. The facility will be operated under applicable local, state and federal regulations. The facility will also use standard and traditional operating procedures and best management practices consistent for dairy farming. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. Sec. 22-2-20. Agriculture goals and policies. B.A. Goal 2. Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. A. Policy 2.3. Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural business end industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses. The proposed use is consistent with the Weld County Comprehensive Plan as the plan encourages development of agriculture and agriculturally related businesses. The facility is an agricultural business related to confined animal production, specifically the dairy and feedlot industry. The proposed used is necessary in Weld County to preserve the agricultural economic base historically attributed to the area. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67Th Avenue, Greeley, CO 80634 970.535.9318 /office . 970.535.9854 / fax r www.agpros.com Page 2 of 7 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. This proposal meets the intent of the Weld County Code, Chapter 23 with regards to the agricultural zone district where the site is located. A livestock confinement operation exceeding four (4) animal units per acre is permitted in the A (Agricultural) zone district as a Use -By -Special Review. This is an existing dairy and currently there are several similar uses in the area including large dairy facilities, calf facilities and agricultural support businesses. Public health, safety and welfare are protected through adherence to applicable county, state and federal regulations and requirements and conditions of this permit. Adequate provisions have been made to protect the health, safety and welfare of the inhabitants of the neighborhood and the County. Operation Standards as found in Section 23-2-260 of the Weld County Code were consulted in the preparation of this application. 4. Describe what type of land uses surround the site. Explain how the proposed use is consistent and compatible with surrounding land uses. Agricultural uses that surround the site are primarily crop farming, hay production, cattle grazing, dairies and feedlots, equine facilities and rural residential. This proposal is compatible with surrounding agricultural uses and the Weld County Comprehensive Plan. 5. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.) The facility is projected to be operational Monday -Sunday, twenty-four hours a day. 6. List the number of full time and/or part time employees proposed to work at this site. It is proposed that 15 full time employees will be employed at this site depending on business conditions. 7. If shift work is proposed include the number of employees per shift. No shift work is proposed. 8. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. It is proposed that 15 full time employees will be at this site. 9. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. 5,000 head cattle are proposed for this facility. Page 3 of 7 10. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) This site is approximately 156 acres consisting of irrigated farmland, pen areas, milk parlor, feed storage, and other appurtenances associated with the dairy operation, stormwater/wastewater pond and an existing residence. New crossvent barns housing the dairy cows and robotic milking equipment, an office and restroom facilities, additional storrnwater/wastewater ponds, improved gravel operations areas and a new employee residence will be constructed. 11. How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? Parking will be adequate for the number of employees. Specific parking spaces have not been identified since the site is agricultural in nature. 12. Explain the existing and proposed landscaping for the site. This is an existing facility; no further landscaping is proposed. 13. Describe the type of fence proposed for the site. (e.g. 6 -foot chain link with earth tone slats) Where applicable 3 or 4 strand barbed wire fencing will be used around the perimeter of the facility as is normal in similar dairy facilities. Pens will be standard pipe fence or pipe and cable fencing standard to the industry. 14. Describe the proposed screening for all parking and outdoor storage areas. If the site is located in a floodplain outdoor storage is restricted. No screening is proposed for the parking. 15. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation procedures include compliance with applicable regulations and operating within the animal numbers allowed in the A (agricultural) Zone District. Should the facility be permanently discontinued, it would be marketed under applicable county planning and zoning regulations to its greatest and best use. 16. Who will provide fire protection to the site? The Platte Valley Fire Protection District will provide fire protection to the site. 17. List all proposed on -site and off -site improvements associated with the use (e.g. landscaping, fencing, buildings, drainage, turn lanes, etc.) and a timeline of when you will have each one of the improvements completed. No off -site improvements are proposed. On -site improvements include building crossvent barns which will house the cows and robotic milking equipment, an office and restroom facilities, an additional employee residence, improved gravel operations areas and waste water ponds. The remainder of the site will remain unimproved. Page 4 of 7 On -site improvements are expected to occur upon completion and acceptance of the USR. Engineering Questions: 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) Typical vehicles accessing this site include feed and hay delivery semi-tractor/trailers, employee and owner vehicles, animal product vendors, and ag-related equipment. Operating equipment includes typical farming equipment, tractors, loaders and attachments. The following numbers are anticipated on the site. Semi -Tractor Trailers: Livestock Transportation: Rendering Trucks: Employee Vehicles: 6 per day. as needed as needed. 15 per day. 2. Describe the expected travel routes for site traffic. Traffic will travel north/south on WCR 55 and the majority of traffic is projected to use WCR 50 for east/west travel. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) 80% of the traffic is expected to travel north to WCR 50 and 20% is expected travel south. 4. Describe the time of day that you expect the highest traffic volumes from above. The highest volumes of traffic are expected to occur between 6:00 a.m. and 8:00 a.m. Monday through Sunday. 5. Describe where the access to the site is planned. Existing accesses are located on WCR 55 between WCR 50 and WCR 48. 6. Drainage Design: Detention pond summarized in a drainage report is required unless the project falls under an exception to storm water detention requirements per code section 23-12-30 F.1. A. Does your site qualify for an exception to storm water detention? If so, describe in a drainage narrative the following: 1. Which exception is being applied for and include supporting documentation. This site is a Confined Animal Feeding Operation and meets the exemption to storm water detention as noted in the Weld County Code, Section 23-12-30. F.1.a.15. The facility is designed in accordance to Colorado Regulation 81 and 61. Page 5 of 7 Section 23-12-30. Drainage policy. F. Exceptions. 1. a No stormwafer detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 15) Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and House Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements. 2. Where the water originates if it flows onto the property from an offsite source Minimal water flows onto the property from offsite sources. 3. Where it flows to as it leaves the property Although the site is relatively flat, historically the water flows from south to north to the borrow ditch. The facility is a dairy and drainage is addressed in the attached Preliminary Waste System Design. 4. The direction of flow across the property Although the site is relatively flat, historically the water flows from south to north to the borrow ditch. The facility is a dairy and drainage is addressed in the attached Preliminary Waste System Design. 5. If there have been previous drainage problems with the property There are no known drainage problems historic to the property. B. Does your site require a storm water detention pond? If so, the following applies: 1. A drainage report summarizing the detention pond design with construction drawings and maintenance plan shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. 2. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. 3. A general drainage report guidance checklist is available on the engineering website. More complete checklists are available upon request. Storm water drainage will be handled by the proposed wastewater retention structures and diversions. These components will be designed to meet all required regulations. Specific details regarding storm water management will be outlined in the Preliminary Waste System Design included with this application. Page 6 of 7 Environmental Health Questions: 1. What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the State -Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. Central Weld County Water District will provide water to the facility. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed, please state "a new septic system is proposed". Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. The existing septic system, permit no. SP -0000652 will continue to serve the existing milk parlor. Proposed septic system(s) will be designed, constructed and permitted according to applicable state and county regulations. 3. If storage or warehousing is proposed, what type of items will be stored? Storage and warehousing is not proposed to be a main activity of this request, however, feed and feed equipment, service and miscellaneous business supplies will be stored on - site to accommodate daily business operations. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. See Nuisance Management Plan for nuisance control included in the application packet. 5. If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. No fuel storage is proposed on -site. 6. If there will be washing of vehicles or equipment on site indicate how the wash water will be contained. No vehicle washing is proposed on -site. 7. If there will be floor drains indicate how the fluids will be contained. No floor drains are proposed. 8. Indicate if there will be any air emissions. (e.g. painting, oil storage, etc.) No air emissions are anticipated. Page 7 of 7 9. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.) N/A 10. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.) See Nuisance Management Plan for nuisance control. The facility will adhere to the maximum permissible noise levels allowed in the Agricultural Zone District. Sources of light will be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. Neither the direct, nor reflected, light from any light source will create a traffic hazard to operators of motor vehicles on public or private streets. No colored light will be used which may be confused with, or construed as, traffic control devices. The property owner or operator will be responsible for controlling noxious weeds on the site. Trash will be collected in a covered, confined trash dumpster and removed at least weekly by a trash removal company as described in the Nuisance Management Plan. 11. Additional information may be requested depending on type of land use requested. N/A Building Questions: 1. List the type, size (square footage), and number of existing and proposed structures. Show and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. Milk Parlor — existing Feed Building — existing Feed Storage -- existing Cow Shades — existing Residence — existing Crossvent barns — proposed Employee residence — proposed 2. Explain how the existing structures will be used for this USR? The existing structures will be utilized for this facility. 3. List the proposed use(s) of each structure. Milk Parlor — milking cows Feed Building — making feed for cows Feed Storage — storing feed for cows Cow Shades — shading cows Residence — residence Crossvent barns — housing and milking cows Employee residence — residence . AGPROfessionals U DEVELOPERS OF AGRICULTURE Traffic Weld County Use by Special Review Application Prepared for Icon Holsteins, LLC IIAGPR�fessionals DEVELOPERS OF AGRICULTURE Traffic Narrative Typical vehicles accessing this site include feed and hay delivery semi-tractor/trailers, employee and owner vehicles, animal product vendors, and ag-related equipment. Operating equipment includes typical farming equipment, tractors, loaders and attachments. The following numbers are anticipated on the site. Semi -Tractor Trailers: Livestock Transportation: Rendering Trucks: Employee Vehicles: 6 per day. as needed as needed. 15 per day. Traffic will travel north/south on WCR 55 and the majority of traffic is projected to use WCR 50 for east/west travel. 80% of the traffic is expected to travel north to WCR 50 and 20% is expected travel south. The highest volumes of traffic are expected to occur between 6:00 a.m. and 8:00 a.m. Monday through Sunday. Existing accesses are located on WCR 55 between WCR 50 and WCR 48. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Greeley, CO 80634 • 970.535.9318 /office • 970.535.9854 / fax • www.aepros.com II AGPROfessionals DEVELOPERS OF AGRICULTURE Access Weld County Use by Special Review Application Prepared for Icon Holsteins, LLC Applicant Weld County Public Works Dept. 1111 H Street P.O, Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Kelsey Bruxvoort Name Jerrold and Starla Brethauer Company AGPROfessionals Address 3050 67th Ave Address 23655 WCR 55 City Kersey State CO Zip 80644 City Greeley State CO Zip 80634 Phone - Business Phone (970) 535-9318 Fax Fax E-mail E-mail kbruxvoort@agpros.com A= Existing Access A= Proposed Access Parcel Location & Sketch The access is on WCR 55 Nearest Intersection: WCR 55 & WCR 50 WCR 50 '.++ Distance from Intersection varies _ � sfmO' Parcel Number 105304000014 Section/Township/Range 4-4-64 Is there an existing access to the property? YES NO Number of Existing Accesses Road Surface Type & Construction Information Asphalt _ Gravel _ Treated Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary (Tracking Pad Required)/ $75 ❑ Small Commercial or Oil & Gas/$75 Field (Agriculture Only)/Exempt N WCRI4B Single Residential/$75 a Large Commercial/$150 ❑ Industrial/$150 ❑ Subdivision/$150 Is this access associated with a Planning Process? o No USR o RE a PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature 1s Printed Name Ilse►lC*- Date 11�V� Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 U►GPROfessiona1s DEVELOPERS OF AGRICULTURE IGA Weld County Use by Special Review Application Prepared for Icon Holsteins, LLC Notice of Inquiry r Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 11/2/2017 Municipality with CPA or IGA Kersey CPA Name of Person Inquiring Tim Naylor - AGPROfessionals Property Owner Jerrold and Starla Brethauer Planner Michael Hall mhall@weldgov.com Legal Description NE4 of Section 4-T4N-R64W Parcel Number 105304000014 Nearest Intersection CR 50 & CR 55 Type of Inquiry USA - 5,000 HEAD DAIRY FACILITY The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Name/Title of Municipality Representative Municipality Comments - r Signature of Weld County Planner Signature of Municipality Representative Please return the signed form by Weld County Planning Department 1555 N 17th Avenue, Greeley, Co 80631 (970) 353-6100 x3540 " (970)304-6498 fax to: U AGPROfessionals DEVELOPERS OF AGRICULTURE November 16, 2017 Ms. Barb Brunk Department of Planning Services 332 3rd Street Kersey, Colorado 80644 RE: Weld County -Kersey CPA Notice of Inquiry USR Application Icon Holsteins, LLC AGPRO Project # 1430-01 Dear Ms. Brunk: AGPROfessionals is in the process of submitting a Weld County Use By Special Review permit application on behalf of Icon Holsteins, LLC for a 5,000 head robotic dairy facility on property located in a portion of the Northeast Quarter of Section 4, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. Weld County Planning Staff has advised us to notify the Town of Kersey prior to the submittal of our application. Enclosed is the pre -application request containing additional project information and the Notice of Inquiry Form. Please confirm that you've received this request and please provide comments on the attached Notice of Inquiry Form, my contact information is shown below. If you have any questions, please don't hesitate to contact me. Sincerely, Kelsey Bruxvoort Land Planning Technician AGPROfessionals (970) 535-9318 kbruxvoorl(ii ngpros.com ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Greeley, CO 80634 970,535,9318 / office 0 970.535.9854 / fax 0 ',vwvry ag pros.cam Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 07/12/2016 02:17 PM ID Number: 20161471502 Document number: 20161471502 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Icon Holsteins, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company " "ltd. liability company7, "limited liability co. " "ltd. liability co.7, 'limited " "lie. " "tic", or "ltd.". See §7-90-601., C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the limited liability company's initial principal office is Street address Mailing address (leave blank if same as street address} (Street number and name or Post Office Box in fbrmauon) 23655 Weld County Road 55 (Street number and name) Kersey CO 80644 (City) (State) (ZIP/Postal Code) United States (Province —if applicable) (Country) (City) (State) (ZIP/Postal Code) (Province —if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) De Jager Aric or (if an entity) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name) Street address 23655 Weld County Road 55 Mailing address (leave blank if same as street address} (Street number and name or Post Office Box in formation) (Street number and name) Kersey (City) CO 80644 (State) (ZIP Code) ARTORGLLC Page 1 of 3 Rev. 12/01/2012 (Last) (First) (City) (The following statement is adopted by marking the box.) n The person appointed as registered agent has consented to being so appointed. Co (State) (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) De Jager Aric or (if an entity) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Mailing address 23655 Weld County Road 55 (Street number and name or Post Office Box information) Kersey CO 80644 (City) (State) (ZIP/Postal Code) United States . (Province— if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) none or more managers. or n the members. 6. (The following statement is adopted by marking the box.) n There is at least one member of the limited liability company. 7. (lithe following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 8. (Caution: Leave blank if document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required f nmat.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/)gym) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORGLLC Page 2 of 3 Rev. 12/01/2012 (Last) (First) This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Ottenhoff George H (Last) (First) 355 Eastman Park Drive Suite 200 (Middle) (Suffix) (Street number and name or Post Office Box information) Windsor CO 80550 (City) (State) (ZIP/Postal Code) United States . (Province —if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) fl This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORGLLC Page 3 of 3 Rev. 12/01/2012 CERTIFICATION OF REVOCABLE LIVING TRUST We, ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER, the undersigned, declare: 1. That we are the current Trustees of the De Jager 2007 Living Trust dated April 3, 2007, as amended and restated (the "Trust"), made by ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER. 2. The Trust may be revoked by the Settlors at any time. 3. U.S. Treasury Regulation sections 1.671-4 and 301.6109-1(a)(2) provide that a Settlor's Social Security Number may be used in lieu of a separate taxpayer identification number for the Trust. 4. Title to assets of this Trust should be taken as: De Jager 2007 Living Trust dated April 3, 2007. 5. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained in this certification to be incorrect. 6. This certification is being signed by the acting Trustees of the Trust. 7. Attached hereto are true and correct copies of the following portions of the Trust: a. Page 1, which provides that the Declarants herein are Settlors and Trustees; b. Article III, which appoints the Successor Trustees; e. Paragraph V(B), which sets forth the right of each Declarant to act alone, when acting as Trustee, to transact trust business, including, but not limited to, banking, securities and real property transactions; d. Paragraph V(C), which sets forth the right of each Declarant to authorize any individual as his or her true and lawful attorney, in his or her name, place and stead, to make, execute and acknowledge, whether as Settlor, Trustee or otherwise, any and all documents or instruments in relation to his or her property in the Trust Estate; e. Article XI, which sets forth the powers of the acting Trustees; and f. The signature page of the Trust and notary acknowledgement thereof. r A '� � o ------- rti _ .' N A r : x., '37 r IF F.)F- .. '''..I. ei R 4843-6981-8969v1 ADEJAGER113531004 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Merced On 1 Z Zc? 18 before me, Q. 4, fr? ae°N" otary Public, personally appeared, E JAGER, whoproved to me on a basis of satisfactory evidence to be the person(s) ARTHUR LEON D Y whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature) (Seal) CARLA LYNN CLEARY Commission # 2075947 Notary Public - California Merced County M Comm. Expires Au* 23, 2018 z z b A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Merced On January 2, 2018, before me, 1 IC 1 O Akiar lr14, Notary Public, personally appeared, RENAE ANETTE DE JAGER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(}xe/ is/ subscribed to the within instrument and acknowledged to me that she/tly�i executed the same in Iiither/t capacity(ipg5", and that by l4/her/thief signature on the instrument the person(' or the entity upon behalf of which the person($' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 1Ls - -rd d official seal. _ (Seal) (Signature' # - ROCIO AVAL0S Commission # 2089489 f1.4. 3r Notary Public - California ft Merced County r. C m. ire v 4843.6981-8969v1 ADEJAGER113531004 FIRST AMENDED AND RESTATED DE JAGER 2007 LIVING TRUST AGREEMENT This FIRST AMENDED AND RESTATED DE JAGER 2007 LIVING TRUST AGREEMENT (the "First Amended and Restated Trust Agreement"), executed this le day of April, 2016, is made by and between ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER, as Seniors and Trustees of the DeJager 2007 Living Trust Agreement dated April 3, 2007, (the "Original Trust Agreement"). WHEREAS: A. ARTHUR LEONARD DE JAGERand RENAE ANETTE DE JAGER entered into the Original Trust Agreement as Settlers and Trustees on April 3, 2007; B. Pursuant to Article V, Paragraph A of the Trust Agreement, ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER reserve the right to amend or revoke the Trust Agreement in whole or in part, during their joint lifetimes; C. ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER desire to amend and restate the Trust Agreement in its entirety. NOW, THEREFORE, ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER, as Settlers and Trustees of the Original Trust Agreement, hereby amend and restate said Original Trust Agreement in its entirety as follows: •ss THIS FIRST AMENDED AND RESTATED TRUST AGREEMENT is made by and between ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER, husband and wife, of Merced County, California, hereinafter referred to collectively as the "Settlers" or individually as the "Settler," and ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER, collectively referred to herein as the "Trustee" This First Amended and Restated Trust Agreement shall continue to be known as the "De Jager 2007 Living Trust Agreement" (the "Trust"). WITNESSETH: STATEMENT OF FAMLLY ARTHUR LEONARD DE JAGER and RENAE ANETTE DE JAGER are married. 4836-8795.83190 -1_ At]EJAGER113531004 "Trust Estate" shall mean the property held by the Trustee pursuant to this Trust Agreement, and any property, including, but not limited to, tangible personal property, that the Trustee holds or takes title to in the name of or on behalf of this Trust and any trust created hereunder. "Trust Share" shall mean the trust shares created under Article VIII. "Trustee" shall mean the Original Trustees and the Successor Trustee(s). The term "Trustee" may refer to the Trustees collectively or to each Trustee individually. III SUCCESSOR TRUSTEES (A) Successor Trustee(s7. (I) Subject to Article III, paragraph (B) below, if either Senior shall, for any reason, including Incapacity, fail to qualify or cease to act as a Trustee, the other Settlor shall act as sole Trustee. (2) If at any time both Seniors shall, for any reason, including Incapacity, fail to qualify or cease to act as Trustee, then ARTHUR J DE JAGER and ANTHONY EDWARD DE JAG ER shall act as Trustee. In the event that either ARTHUR .1 DE JAGER or ANTHONY EDWARD DE JAGER shall, for any reason, including Incapacity, fail to qualify or cease to act as a Trustee, then ALEX BERNARD DEJAGER shall act along with the other of them as Trustee. If, for nny reason, including Incapacity, only one of ARTHUR J DE JAGER, ANTHONY EDWARD DE JAGER, OR ALEX BERNARD DE JAGER is able to act, then that one of them shall act alone as Trustee. In the event that ARTHUR J DE JAGER, ANTHONY EDWARD DE JAGER, OR ALEX BERNARD DE JAGER shah, for any reason, including Incapacity fail to qualify or cease to act as Trustee, then BANK OF THE WEST shall act as Trustee. (3) Notwithstanding the foregoing, in the event a Trust Share is established hereunder fora Child or for an Issue of a Child of the Settlors, then such Child or such issue ofa Child shall act as Trustee alone of any such Trust Share that is established for him or her if he or she has attained or upon attaining the age of thirty (30) years. In addition, such Child or Issue of a Child may appoint successor Trustee(s) of his or her Trust Share on terms and conditions for succession that such Child or Issue of a Child may specify. In the event such Child or such Issue of a Child shall, for any reason, including Incapacity, fail to qualify or cease to act as Trustee of his or her Trust Share without designating a successor(s) (or upon similar failure of such successor(s)), then the Trustee for such Trust Share shall be the Successor Trustee(s) named above in Article III, paragraph (A)(2) who acts as Trustee in the event the Seniors cease to act as Trustee. 4836-8795-83t9v1 -4- ADEJAGERU353t0tO4 (4) Notwithstanding the provisions of Article VII, the Surviving Senior may add or delete any Successor Trustee(s) in Article III, paragraph (A)(2) regardless of whether or not the Trust or any trust created under the Trust Agreement is irrevocable, by a signed and notarized instrument delivered to the acting Trustee. (5) Notwithstanding any other provision in this Trust Agreement, a majority of the adult beneficiaries and the duly appointed legal guardians ofminor beneficiaries may remove and replace any corporate trustee with another corporate trustee that is qualified to act as Trustee of this Trust. In addition, notwithstanding any other provisions of this Trust to the contrary, upon the establishment of any Trust Share under Article VIII, the then -current income beneficiary ofsuch Trust Share may remove and replace any corporate trustee ofsuch Trust Share with another corporate trustee that is qualified to act as Trustee of such Trust Share. Such removal shall be done in a signed writing delivered to the then -acting Trustee and shall be effective immediately unless stated otherwise in the writing. (6) If all ofthe persons appointed as Successor Trustee(s) in Article III, paragraph (A)(2) shall, for any reason, including Incapacity, fail to qualify or cease to act as Trustee and no other appointment is made under the provisions above, then a majority of the adult beneficiaries and the duly appointed legal guardians of minor beneficiaries shall appoint one or more Successor Trustee(s). (7) If all of the persons appointed as Successor Trustee(s) in Article Ell, paragraph (A)(2) shall, for any reason, including Incapacity, fail to qualify or cease to act as Trustee and if a majority of the adult beneficiaries and the duly appointed legal guardians of minor beneficiaries fail to appoint one or more Successor Trustee(s), then one or more Successor Trustee(s) shall be appointed by a court of competent jurisdiction. (B) Trustee of Disclaimed Share Trust. Notwithstanding any other provisions in this Trust Agreement, in the event that the Surviving Senior disclaims any interest in property passing from the Deceased Senior, the Surviving Settler shall not act as Trustee for the Disclaimed Share Trust created for such disclaimed interest, and the Trustee for the Disclaimed Share Trust shall be the Successor Trustee(s) named above in Article Ill, paragraph (A) who acts as Trustee in the event both Settlors cease to act as Trustee, (C) Resignation of Trustee. Any Trustee may resign as Trustee at any time. This power can be exercised by a written instrument delivered to each person currently entitled to receive payment from any trust from which the Trustee is resigning at the address of each person last known to the Trustee. Such resignation will take effect immediately, unless otherwise stated in the resignation. 4836-8795-8319v1 -5- ADEJAGER1135310©4 (D) Bond. No Trustee named in this Trust shall be required to give any bond or security in any jurisdiction. (E) Compensation of Trustee. The Trustee shall be entitled to reasonable compensation. The Trustee shall also be entitled to reimbursement for out-of-pocket expenses for the services rendered pursuant to this Trust, including, but not limited to, accounting, tax preparation and reporting and legal fees associated with the administration, termination or revocation of the Trust. (F) Non -Responsibility of Successor Trustee(s). No Successor Trustees) need examine the acts or omissions of any predecessor Trustee, and any Successor Trustee may accept the accounts rendered and properties delivered over to it by any predecessor Trustee without liability or responsibility for any losses or damages resulting from such predecessor's acts or omissions. (0) Liability of Trustees). No Trustee designated in ibis Trust Agreement shall be liable to any beneficiary or to any heir of either Settlor for such Trustee's acts or failure to act, except for willful misconduct or gross negligence. A Trustee shall not be liable or responsible for any act, omission or default of any other Trustee, Iv TRUST PROPERTY (A) Creation of Trust Estate. The Settlors deliver and transfer to the Trustee the property described in Schedule "A", attached hereto and incorporated herein by this reference. Such property shall be included in the Trust Estate and shall be held, administered and distributed by the Trustee as hereinafter set forth. ([3) Aciditionnl Prose. Any individual may add to the Trust Estate, whether before or after the death of either Senior, by naming the Trustee beneficiary, or by transferring property to the Trustee either by deed, gift, assignment, bequest or devise. Upon receipt and acceptance of such property by the Trustee, such property shall become a part of the Trust Estate. (C) Character of Trust Estate. It is the Settlors' intention that all Community Property transferred to the Trust Estate, and the proceeds thereof; shall retain its character as Community Property during the Seniors' joint lifetimes, subject, however, to all the terms and conditions of this Trust. Similarly, it is the Settlors' intention that the Quasi -Community Property and Separate Property of the Settlors transferred to the Trust, and the proceeds thereof, shall also retain their respective character as Quasi -Community Property and Separate Property during the Settlers' joint 98364755.6319x1 -6- AOE4AGER113531004 lifetimes, subject also to all the terms and conditions of this Trust. No transmutation is intended by the Settlors by this Trust Agreement. (D) Collection of Trust Estate. Upon the death of either Settlor, the Successor Trustee(s) shall have full authority to take such action as such Trustee may deem best to collect any property or make payment or deliver proceeds of any item of which the Trustee was named beneficiary, and to pay any expense of such collection out of the Trust Estate. V RIGHTS OF ARTHUR LEONARD DE JAGER AND RENAE ANETTE DE JAGER DURING THEIR JOINT LIFETIMES During the joint lifetimes of the Seniors, the following rights and privileges are reserved to each of them as to each of their interests in the Community Property ofthe Trust Estate, and as to his or her respective Separate Property and/or Quasi -Community Property of the Trust Estate: (A) Power to Amend and Revoke. The Settlors shall have the right to amend or revoke this Trust in whole or in part at any time. Any such revocation or amendment shall be effective only if exercised by written notice delivered to the other Senior and to the Trustee. This right of amendment or revocation shall be exclusive to the Settlors and shall not be exercisable by any guardian or conservator appointed for them. In the event of such revocation, the Community Property of the Trust Estate, or the revoked portion thereof, shall revert to the Settlors as their Community Property, and the Separate Property or Quasi -Community Property of the Trust Estate shall revert as to that Senior's Separate Property or Quasi -Community Property as if this Trust had not been created. (B) Authority of Trustee to Act. Whenever and so long as both of the Settlors shall be serving together as Trustee, either of them, acting alone, may transact all Trust business. The signature of either Trustee shall be sufficient for all documentation relating to transactions in which the Trustee is authorized to engage by the terms of this Trust and shall bind the other Trustee. This authorization shall include, but shall not be limited to, all banking, securities and real property transactions. (C) Authorization of Attorney -in -Fact. Either Senior may authorize any individual as his or her true and lawful attorney, in his or her name, place and stead, to make, execute and acknowledge, whether as Senior, Trustee or otherwise, any and all documents or instruments in relation to his or her property in the Trust Estate. 483647954319v1 -7- ADFaAGER41353tC04 (0) Title to Trust Assets. As a matter of convenience, either Senior may ( I) hold title to any Trust assets as Trustee, even though such assets are held in that Senior's individual name, or in the name of a designee, or (2) execute any document relating to assets in the Trust Estate in such various capacities. Such assets shall be included in the Trust Estate and may be described on Schedule "B" of this Trust, which is attached hereto and incorporated herein by this reference. (E) Death otDeceased Senior. Upon the Deceased Senior's death, the Surviving Settlor shall, as to his or her own interest in the Community Property of the Trust Estate, and as to his or her own Separate Property andior Quasi - Community Property of the Trust Estate, retain such rights and powers over such individual's property as afforded the Surviving Senior during the Settlors' joint lifetimes. V1 DISPOSITIVE PROVISIONS DURING THE JOINT LIFETIMES OF ARTHUR LEONARD D JAGER AND RENAE ANETTE DE JAGER During the joint lifetimes of the Seniors, the Trustee shall distribute to or far the benefit of either Senior the entire net income of the Community Property of the Trust Estate in quarter -annual or more frequent installments and so much of the principal of the Community Property of the Trust Estate as either Senior shall request. The Trustee shall also distribute to or for the benefit ofeither Senior the entire net income of his or her respective Separate Property of the Trust Estate, in quarter -annual or more frequent installments and so much of the principal of the Separate Property transferred by said Senior to the Trust as said Senior shall request. For the purposes of this Article VI, Quasi - Community Property shall be treated as the Separate Property of the Settlor transferring the same to this Trust. VII DEATH OF EITHER ARTHUR LEONARD DE JAGER OR RENAE ANETTE DE JAGER Upon the death of either Senior, the Trustee shall hold, administer and distribute the remaining Trust Estate as follows: (A) Distribution ofTaneible Personal Property. The Trustee shal I distribute all ofthe Deceased Senior's interest in and to personal, household and garden effects of every kind, including, by way of illustration only and not by way of limitation, clothing, jewelry, furniture and furnishings, personal automobiles, boats, country club memberships, artwork and other tangible articles of a personal nature, not otherwise specifically disposed of in this Trust or in any other manner, together with arty and all unexpired policies of insurance thereon, if any, as the Deceased Settlor shall 483G$7958319v1 -S- ACEJAGERt13531t104 to or for the benefit of the other beneficiaries, if any, then entitled to receive payments from any Trust Share established under this Trust, in proportion to their respective interests in the Trust Estate; or if there are no other beneficiaries, then the excess income may be distributed to or for the benefit of the person or persons presumptively entitled to the next eventual interest, in proportion to their respective interest(s) in the Trust. X TAX PROVISION Upon the death of a Settlor, the Trustee may, in the Trustee's sole and absolute discretion, pay out of income or principal any estate, transfer, generation skipping transfer, succession or death tax of any nature due and imposed by reason of such death, and any expense of illness, funeral or administration, or any debts of' either Settlor. All such payments which are made shall be paid, to the extent practicable, first out of the Bypass Trust and then out of the Disclaimed Share Trust, if any, in the case of the death of the Deceased Settlor and out of the Survivor's Trust in the ease of the death of the Surviving Senior. The Trustee may rely upon the Executor of such Settlor's Last Will and Testament and any Codicils thereto as to the amount of any tax or duty allocable to the Trust Estate and may make payment either to such Executor or to the appropriate department of the taxing entity. The Trustee shall be liable to no person interested herein for payment made in either of the foregoing manners and in accordance with any computation made by such Executor. XI POWERS OF TRILSTEE In administering the Trust, the Trustee shall have, in addition to the powers conferred by law, by statute, or by any other provisions hereof, the following powers: (A) Invest and Reinvest. To invest and reinvest all or any part of the Trust Estate in such common or preferred stocks, shares of investment trusts and investment companies, bonds, tax-exempt securities, debentures, mortgages, deeds of trust, mortgage participation, notes, real estate or other property as the Trustee, in the Trustee's sole and absolute discretion, may select; and the Trustee may continue to hold in the form in which received (or the form to which changed by reorganization, split-up, stock dividend, or other like occurrence) any securities or other property the Trustee may at any time acquire under this Trust. The Trustee shall also have the power to make investments on margin. It is the Settlors' express desire and intention that the Trustee shall have full power to invest and reinvest the Trust funds 4838$785-8319v1 -22- ADEJAGE12tt3531404 without being restricted to forms of investment that the Trustee may otherwise be permitted or presumed to make by law_ The Settlors expressly establish that the investments need not be diversified. (B) Continue Holding. To continue to hold any property, including any shares of the Trustee's own stock, and to operate at the risk of the Trust Estate any business that the Trustee receives or acquires as long as the Trustee deems it advisable. This shall include, but not be limited to, the ability to convert at the Trustee's sole and absolute discretion any general partnership interest into a limited partnership interest, or vice versa. (C) Power Over Securities, To have all the rights, powers and privileges of an owner with respect to the securities held in trust, including, but not limited to, the power to vote, give proxies and pay assessments, to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, and liquidations, and incident to such participation, to deposit securities with and transfer title to any protective or other committee on such terms as the Trustee may deem advisable, and to exercise or sell stock subscription or conversion rights. (D) Register Securities. To hold securities or other property in the name of the Trustee as Trustee under this Trust, or in the Trustee's own name, or in the name of a nominee. The Trustee may also hold securities unregistered in such condition that ownership will pass by delivery. (E) Manage and Sell. To manage, control, grant options on, sell (for cash or on deferred payments), convey, exchange, partition, divide, improve, and repair Trust property. (F) Lease. To lease Trust property for terms within or beyond the term of the '!'rust for any purpose, including exploration for and removal of gas, oil, and other minerals; and, to enter into community oil leases, pooling and unitization agreements. (G) Lend. To lend money to any person, specifically including, but not limited to, the current or successor beneficiaries, the estate of either Settlor or any other trust created by either Senior, provided that any such loan shall be adequately secured and shall bear a reasonable rate of interest. (I.1) Purchase. To purchase property at its fair market value as determined by the Trustee, in the Trustee's sole and absolute discretion, from the estate of either Settlor or from any other trust created by either Senior. (I) Deal Personally With Trust. To loan or advance the Trustee's own funds to the Trust for any Trust purpose, with interest at current rates; to receive security for such loans in the form o fa mortgage, pledge, deed of trust, or other encumbrance of any assets of the Trust; to purchase assets of the Trust at their fair market value; and to sell property to the Trust at a price not in excess of its fair market value. 4835$795.8319v1 -23- A0EJAGERt13531004 (J) Release of Power. To release or to restrict the scope of any power that the Trustee may hold in connection with any trust created under this Trust, whether such power is expressly granted in this Trust Agreement or implied by law. The Trustee shall exercise this power in a written instrument executed by the Trustee specifying the powers to be released or restricted and the nature of the restriction. (K) Tax Elections. To take arty action and to make any election, in the Trustee's sole and absolute discretion, to minimize the tax liabilities of this Trust and its beneficiaries. The Trustee shall have the power to allocate the benefits from such action or election among the various beneficiaries, The Trustee shall have the power to make adjustments in the rights of any beneficiaries, or between the income and principal accounts, to compensate for the consequences of any tax election or any investment or administrative decision that the Trustee believes has had the effect of directly or indirectly preferring one beneficiary or group of beneficiaries over others. (1.) Qualified Subchapter S Trust Election. To make a Qualified Subchapter S Trust election under the Code, as amended, and to file the appropriate forms and information with the Internal Revenue Service to effect such election. (M) Amendments if Subchapter S Stock. To make such amendments to this Trust as to meet the requirements of a Qualified Subchapter S Trust or an Electing Small Business Trust. (N) Borrow. To borrow money on any terms including, but not limited to, the power and authority to borrow money pursuant to a shared appreciation loan or a convertible loan and to encumber Trust property by mortgage, deed of trust, pledge or otherwise whether as security for the obligations of other persons or entities, including, but not limited to, the obligations of other trusts created by either Senior or the estate of either Settler, or as security for any guarantee or other obligation of the Trust. (0) Litieation. To commence or defend, at the expense of the Trust, such litigation with respect to the Trust or any property of the Trust Estate as the Trustee may deem advisable, and to compromise or otherwise adjust any claims or litigation against or in favor of the Trust. (P) Insurance. To carry insurance of such kinds and in such amounts as the Trustee deems advisable, at the expense of the Trust; to insure the life of any beneficiary; and to protect the Trust Estate and the Trustee personally against any hazard. (Q) Errojs and Omissions Insurance. To purchase errors and omissions insurance for the acts of the Trustee at the expense of the Trust. 4636.795.63t9v1 -24- ADEJAGER113531004 (R) Withhold Prom Distribution. To withhold from distribution, in the Trustee's sole and absolute discretion, at the time for distribution of any property in this Trust and without the payment of interest, all or any part of the property, as long as the Trustee shall determine, in the Trustee's sole and absolute discretion, that such property may be subject to conflicting claims, to tax deficiencies, or to liabilities, contingent or otherwise, properly incurred in the administration of the Trust Estate. (S) Purchase Bonds at Premium. To purchase bonds and to pay such premiums in connection with the purchase as the Trustee, in the Trustee's sole and absolute discretion, deems advisable; provided, however, that each premium shall be repaid periodically to principal out of the interest on the bond in such reasonable manner as the Trustee shall determine and, to the extent necessary, out of the proceeds on the sale or other disposition of the bond. (T) Purchase Bonds at Discount. To purchase bonds at such discount as the Trustee, in the Trustee's sole and absolute discretion, deems advisable; provided, however, that each discount shall be accumulated periodically as interest in such reasonable manner as the Trustee shall determine and to the extent necessary paid out of the proceeds on the sale or other disposition of the bond or out of principal. (Ii) Employment of Agents. To employ any custodian, attorney, accountant, corporate fiduciary, environmental consultant or any other agent or agents to assist the Trustee in the administration of this Trust and to rely on the advice given by these agents. The Trustee shall also have the authority to appoint an investment manager or managers to manage all or any part of the assets of the Trust Estate, and to delegate to such manager or managers the right to acquire or dispose of such assets. Reasonable compensation for all services performed by these agents shall be paid from the Trust Estate out of either income or principal as the Trustee, in the Trustee's sole and absolute discretion, shall determine and shall not decrease the compensation to which the Trustee is entitled, (V) Partition. To partition, allot and distribute the Trust Estate, on any division or partial or final distribution of the Trust Estate, in undivided interests or in kind, or partly in money and partly in kind, at valuations determined by the Trustee and to sell such property as the Trustee may deem necessary to make division or distribution. In making any division or partial or final distribution of the Trust Estate, the Trustee shall be under no obligation to make a pro rata division, or to distribute the same assets to beneficiaries similarly situated; but rather, the Trustee may, in the Trustee's sole and absolute discretion, make a non -pro rata division between trust shares and non -pro rata distributions to such beneficiaries, as long as the respective assets allocated to the separate Trust Shares, or distributed to such beneficiaries, have equivalent or proportionate fair market value. 4835.8795-a319v1 -25- ADEJAGER113531644 (W) Generation Skinoing Transfer Tax. To divide any Trust Share or Trust created under this Trust Agreement that is subject to the federal generation skipping transfer tax into two separate Trust Shares or Trusts of equal or unequal fractions thereof, but on the same terms and with the same beneficiaries so that the transfer or exemption under the Code may be allocated to one such Trust Share or Trust to the exclusion of the other, or disproportionately between them, (X) Dealing With Other Trusts, To buy or sell assets, to lend or to borrow (secured or unsecured) from other trust(s) created by either Settlor, on such terms and conditions as determined by the Trustee to be fair and equitable, regardless of whether or not the Trustee hereunder shall also be the trustee of such other trust(s), and to guarantee obligations of ather persons or entities, including, but not limited to, the obligations of other trusts created by either Settler by mortgaging, pledging or otherwise encumbering property of the Trust as security for such obligations, or by executing unsecured guarantees or by executing guarantees secured by property of the Trust. (Y) Tax oasis. To make any allocation, segregation or division that may be made by the Trustee without regard to or adjustment on account of differing income tax basis of the assets so allocated, segregated or divided. (Z) Dealing With Other Entities. To enter into partnerships or other legal entities with individuals, entities or other trusts. (AA) Formation of Entities, To form corporations, associations or partnerships (limited and/or general) and limited liability companies and/or limited liability partnerships, for the purpose of conducting any business venture in which the Trust may be or become a participant and pursuant thereto, file Articles of Incorporation, Articles of Organization, make application for the issuance of securities or interests, execute partnership agreements, certificates or other instruments pertinent thereto, and perform any other acts or functions as may be necessary or desirable to carry into effect the formation or modification thereof or amendments thereto; to form, or participate in partnerships, general or limited, or in the reorganization thereof, or to exchange partnership interests where the ownership interests received or obtained by the Trustee have different attributes than other partners in such partnership and which are designed to fix and/or minimize the fair market value of such partnership interests. (BB) Purchase of Annuities. To purchase commercial or noncommercial annuity contracts or enter into a "private annuity" transaction with any beneftciary(ies) named herein, and to pay for such annuities out of income, principal or both; and to sell an annuity contract and to make periodic annuity payments to the annuitant out of income, principal or both. The Trustee shall have sole and absolute discretion in exercising this power in the best interests of the 4535-8r85-89tsvt ADEJAGERII 353 tt004 -26- beneftciary(ies) named herein, even to the extent of exhausting the Trust Estate completely and thereby terminating the Trust. (CC) Investment Counsel. To retain such investment counsel as the Trustee selects for the purpose of reviewing and rendering advice and counsel in connection with Trust investments, with the Trustee having the sole and absolute discretionary power not to implement such recommendations. When the Trustee does elect to implement the recommendations of such counsel, the Trustee shall not be held liable or otherwise surcharged for losses directly attributable to investments made on the advice and recommendations of the investment counsel. (DD) Residence. To permit any beneficiary herein to reside in any dwelling house, occupy any land or have the custody and use of any chattel which are part of the Trust Estate, upon such terms, provisions and conditions as the Trustee determines. (EE) S�anna Documents. To execute any and all documents on behalf of the Trust. (FF) Operation of Farm i ne Business. To operate any farming or ranching property or interest in hired labor, tenants, sharecroppers or farm managers; to develop and pursue crop and livestock programs; to engage a professional farm management service to render technical advice regarding the supervision ofthe farming operations; to lease or rent land, equipment or livestock for cash or on shares; to sell, purchase, exchange or otherwise acquire or dispose of farm machinery, livestock, farm products, timber and supplies; to engage in soil conservation, reforestation and other practices designed to conserve, improve and maintain the fertility and productivity of the soil, and perform all ordinary and general functions necessary in, or incidental to, the operation and management of any farming or ranching property, (GG) Signing Documents Relating to Agriculture. To execute contracts, notes, chattel mortgages and other agreements relating to agriculture, with the Commodity Credit Corporation, the Secretary of Agriculture of the United States, or any other officer or agency ofthe federal or stale governments, or of any corporation organized under them; to enter into acreage reduction agreements; to make soil conservation commitments with any governmental agricultural program and participate in and receive all payments and other benefits and proceeds under any such programs. (HH) Continued Operation of Business. To continue to hold and operate, sell or liquidate, at the risk of the Trust Estate, any business, partnership interest, or capital stock of any corporation, which the Trustee receives or acquires under this Trust, participate in reorganizations or recapitalizations which involve the exchange of such capital stock for other shares of such corporation having different rights, preferences, and privileges, without liability for the conduct, mismanagement, or negligence on the part of any employee of a business, or any employee or partner of a 4835-M54319A -27- A DEJAGERt13531004 partnership, or employee, officer or director of a corporation, and, in the absence of any actual notice to the contrary, accept as correct the financial or other statements rendered by any accountant for any such business, partnership or corporation. (II) Enter Into Agreements. To enter into indemnification, cross collateralization, guarantee andlor surety agreements on behalf of the Trust, including, but not limited to, security instruments encumbering property of the Trust for the obligations of other persons or entities, executing unsecured guarantees or executing guarantees secured by property of the Trust. (.ii) Maintain Bank Accounts. To maintain bank accounts, including, but not limited to, checking accounts, savings accounts, money market accounts and certificates of deposit. (KK) Disclaim or Refuse Trust Property. To disclaim, refuse to accept or take title to or possession of, or to abandon after taking title to or possession of, any property which the Trustee, in the Trustee's sole and absolute discretion, believes may place Trust assets, Trust beneficiaries, or the Trustee at risk of civil or criminal liability arising out of allegations or the anticipation of allegations of the existence of toxic waste or hazardous substances on the property, the existence of endangered or protected species or the habitat of such species on the property, or the violation of any other state or federal law relating to protection of the environment or human health; to take whatever steps the Trustee deems reasonably necessary to ensure that all property which is a part of the Trust Estate is held in full compliance with applicable local, state and federal regulations; to take any action to prevent, abate, clean up, or remedy any such violation or alleged violation, and to defend and indemnify the Trustee against any and all claims arising out of such violations or allegations; and to decline to serve in the event the Trustee shall determine that a conflict of interest may arise between the Trustee, in his or her fiduciary capacity, or individually, from the existence, condition, maintenance or use of any Trust property. (LL) Non -Income Producing Assets, To retain or include in the Trust Estate non -income producing assets; however, the Trustee may not invest in under -productive assets without the consent of the beneficiary(ics). (MM) Reserve for Depreciation and Obsolescence. Except for the Surviving Senior's income interest in any QTIP Trust created under this Trust, to accumulate a reserve from the gross receipts collected from real estate which is part of the Trust Estate to cover the decrease in the value of the improvements thereon resulting from depreciation and obsolescence and to rehabilitate or modernize said improvements from time to time, if deemed advisable by the Trustee. The purpose of this reserve fund is to protect and preserve the improvements against depreciation and obsolescence and 4936-6795-6319vi -28- AcEJAGEi3113531004 to maintain them in good condition and repair and as modern and productive as is consistent with their location and general character, but the reserve fund shall not be used to enlarge said improvements materially or to acquire additional real property. Any expenditures for such enlargement or change in the existing character of such improvements or for the acquisition of additional real property shall be made only from principal. During each fiscal year of the Trust, the total amount of deposits made to said depreciation reserve fund, reduced by the total allowance for depreciation or amortization of the same property under this paragraph shall be charged against the net income of the Trust Estate. (NN) Acceatance of Ccr rain Trust Prop rt and Indemnification for Environmental Expenses. To decline to accept title to or act in any way as a fiduciary as to any property which the Trustee has determined is or thereafter may be in violation orally environmental law or regulation. The Trustee is authorized to conduct an appropriate environmental audit at the expense of the Trust to determine that conditions of such real property or operations conducted by such business enterprise arc in compliance with state and federal environmental laws and regulations affecting such property. The Trustee shall be held harmless from and shall be indemnified from the Trust Estate for any liability or expense, including reasonable attorneys' fees, incurred as a result of any violation, actual or alleged, of any environmental law or regulation with respect to any property which the Trustee has actually or allegedly accepted. The Trustee is expressly authorized to take such remedial action as the Trustee, in the Trustee's sole and absolute discretion, deems appropriate to prevent, abate, remove or otherwise respond to any actual, threatened or alleged violation of, or otherwise comply with, any environmental law or regulation, or federal, state or local agency or court order, affecting any such property. Ali costs and expenses incurred by the Trustee in connection with such action shall be paid by the Trust. Except for the Surviving Settlor's income interest in any QTI P Trust created under this Trust, the Trustee also may establish reasonable reserves for the payment of anticipated environmental expenses. The Trustee shall not be liable to the Seniors, any beneficiary, or any other party for any action or inaction relating to any environmental law or regulation, or any loss or diminution in the value of the "Trust resulting from any actual, threatened or alleged violation of any environmental law or regulation affecting any such property or for the payment of any expense of remediation thereof unless the Trustee contributed thereto by its willful or reckless misconduct or gross negligence. (00) Termination, Bifurcation or Modification of Trust Due to Environmental Liability. In addition to other powers conferred on the Trustee, to take one or more of the following actions if the Trustee, in the Trustee's sole and absolute discretion, determines that such action is in the best interests of the Trust and its beneficiaries because of an 41636-8795.8319v1 -29- ADEJAGER113531004 actual or threatened violation of any environmental law or regulation involving one or more assets held in the Trust Estate: (1) The Trustee may modify Trust provisions to grant the Trustee such additional powers as are required to protect the Trust and its beneficiaries from liability or damage under any environmental law or regulation; (2) The Trustee may bifurcate the Trust; and (3) The Trustee may abandon such property or business. (PP) Payments for Minors and Other Beneficiaries. if at any time any Trust beneficiary is a minor, or it appears to the Trustee, in the Trustee's sole and absolute discretion, that any Trust beneficiary is, for any other reason, not able to receive payments or make intelligent or responsible use of the payments, then the Trustee, in lieu of making direct payments to such Trust beneficiary, shall have the power to make payments to such beneficiary's conservator or guardian; to such beneficiary's custodian under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of any state; to such beneficiary's custodian under the California Uniform Transfers to Minors Act until such beneficiary reaches the age of twenty-five (25); to one or more suitable persons as the Trustee deems proper, such as a relative or a person residing with such beneficiary, to be used for such beneficiary's benefit; to any person, firm or agency for services rendered or to be rendered for such beneficiary's assistance or benefit; or to accounts in such beneficiary's name with financial institutions. If there is no custodian then serving or nominated to serve by the 5ettlors for a beneficiary, then, in order -to facilitate payments pursuant to this paragraph, the personal representative or Trustee, as the case may be, shall designate a custodian for such beneficiary. (QQ) Safe Deposit Boxes. To access any Settlor's safe deposit box, with all rights, powers and authority that such Settlor has or had, to remove any or all of the contents thereof and to renew or close any such box. (RR) Digital Assets, Property, and Content. To access and obtain all digital or electronic assets, property, content and data. XII CONTINUED EXERCISE OF POWERS All powers granted to the Trustee shall be exercisable by the Trustee, or Trustees for the time being acting, and by any successor or substitute, and shall remain exercisable until final distribution of the Trust Estate. 483647'3543190 -30- ACF:JAGERtt3531004 unless such beneficiary delivers a written objection to the Trustee within 180 days after receipt of the accounting or report by such beneficiary. If the beneficiary is a minor or is not reasonably capable of understanding the accounting or report, then receipt by a parent who has no conflict of interest with the beneficiary, or appointed legal representative, respectively, shall be sufficient, IN WITNESS WHEREOF, the parties hereto have executed this Trust Agreement on the date first written above. SE ART RL'- 'ARULDEd1..,;R i 9 RENAE ANETTE DE JAGER TRUSTEI : Fl;c FilL7t Nt RD DE JAL;ER • Rp\A ANL 1 i L. Di fi 4836-8795.8319v1 -35- ADEJAGER113531004 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Merced On April 18, 2016, before me, CARLA LYNN CLEARY, Notary Public, personally appeared ARTHUR LEONARD DE JAGER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) . `a ignir ur. 1 CARLA LYNN CLEARY Commission * 2075947 z Notary Public - California z Merced County Comm. Expires Auk 23 2018 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Merced On April 18, 2016, before me, CARLA LYNN CLEARY, Notary Public, personally appeared RENAE ANETTE DE JAGER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / �C •y ( Ef�� rt.r'7 --r' I (Seal) 4 `. ignatilrc ) CARLA LYNN CLEARY Commission # 2075947 Notary Public • California 2, Z ` Merced County _ ' NF • Comm. Exir�s A 232018 4836-8755-8319v1 ADEJAGER113531O64 Drainage Narrative For Icon Holsteins, LLC Use by Special Review Part of the Northeast 1/4 of Section 4, T4N, R64W of the 6th P.M., Weld County, CO I. AGDEVELOPROfessionals AGPROfessionals 3050 67th Avenue Greeley, CO 80634 (970) 535-9318 11/29/2017 Icon Dairy Drainage Narrative The proposed USR site is located on property that is currently an existing dairy facility. The applicant is proposing to use the existing dairy along with new cross vent dairy barns with robotic milking machine for the new dairy operation. The site is a Concentrated Animal Feeding Operation regulated under Colorado CAFO Regulation 61 and 81 and therefore, it is exempt from stormwater detention per Article XII, Storm Drainage Criteria, Section 23-12-30 Drainage Policy. F. Exceptions. 1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property and shall be limited to the following: a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 15. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements. Icon Holsteins, LLC Manazement Plan, For Nuisance Control For Icon Holsteins, LLC 23655 County Road 55 Kersey, CO 80644 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By AGPROfessionals mm DEVELOPERS OF AGRICULTURE AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 November 2017 Icon Holsteins, LLC AGPROfessionals Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods that Icon Holsteins will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Confined Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. Icon Holsteins will use these management and control practices, to their best and practical extent. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Icon Holsteins, LLC 23655 CR 55 Kersey, CO 80644 Office: (970) 815-7499 The individual(s) at this facility who is (are) responsible for developing the implementation, maintenance and revision of this supplemental plan are listed below. Aric DeJager (Name) (Name) Manager Legal Description The confined animal feeding facility described in this NMP is located at: Part of the Northeast 1/4 of Section 4, Township 4 North, Range 64 West of the 6th P.M. 2 Icon Holsteins, LLC AGPROfessionals Air Quality Air Quality at and around confined animal feeding operations is affected primarily from the relationship of soil/manure and available moisture. The two primary air quality concerns at dairies are dust and odor. However, the management practices for dust or odor control are not inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two paragraphs below outline the best management practices for the control of dust and odors that Icon Holsteins will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Dust Dust from pen surfaces is usually controlled by intensive management of the pen surface by routine cleaning and harrowing of the pen surface. The purpose of intensive surface management is twofold: to keep cattle clean and to reduce pest habitat. The best management systems for dust control involve moisture management. Management methods Icon Holsteins shall use to control dust are: I. Pen density Moisture will be managed by varying stocking rates and pen densities. The animal's wet manure and urine keep the surface moist and control dust emissions. Stocking rates will be managed to minimize dust. 2. Regular manure removal Icon Holsteins will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 3. Water Trucks Should nuisance dust conditions arise, water tanker trucks or portable sprinkling systems may be used for moisture control on pens and roadways to minimize nuisance dust conditions. Odor Odors result from the natural decomposition processes that start as soon as the manure is excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Icon Holsteins will use the methods and management practices listed below for odor control: I. Establish good pen drainage Dry manure is less odorous than moist manure. The Dairy will conduct routine pen cleaning and surface harrowing to reduce standing water and dry or remove wet manure. 3 Icon Holsteins, LLC AGPROfessionals 2. Regular manure removal Reduce the overall quantity of odor producing sources. The Dairy will conduct routine pen cleaning and harrowing several times per month. 3. Composting Reduces volume, nutrients and minimizes odor and pests. 4. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the dairy to reduce standing water. The stormwater ponds will he dcwatercd regularly !n accordance with the Manure and Wastewater Management � lodoo�orrot oHolsteins. lanned Research to date indicatespoor chemical additives or treatm ents of the stormwater ponds efficacy, if any, of these products. if it is determined that nuisance dust and odor conditions persist, [car: Nolsieins may increase the frequency of the respective management practices previously outline such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, Icon Holsteins rll install physical or mechanical means such as living windbreaks and/or solid_fences to .further minimize nuisance conditions from dust and odors. Pest Control Insects and Rodents 1. Regular manure removal and composting Manure management removes both food sources and habitat 2. Reduce standing water Standing water is a primary breeding ground for insects 3. Minimize fly habitat Standing water, weeds and grass, manure stockpiles, etc., are all prime habitat for reproduction and protection. Reduce or eliminate these areas where practical. 4. Weeds and grass management Keep weeds and grassy areas to a minimum. These provide both protection and breeding areas. 5. Minimize stockpiles or storage of manure Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to a minimum. 4 Icon Holsteins, LLC AGPROfessionals 6. Biological treatments Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. 7. Baits and chemical treatments Due to environmental and worker's safety concerns, chemical treatments are a last line of defense for insect control. gaits and treatments must be applied routinely. However, they are very effective. Rodent control at Icon Holsteins is best achieved cleaning, s tegrading and by minimizing spillage e11nd the operation. Good housekeeping practices and regular feed bunk maintenance arc used to reduce feed sources. Rodent traps and chemical treatments are effective control methods and will be used as necessary. Insects and rodents inhabit areas that 1) have an adequate to goad food supply and 2) foster habitat prime for breeding and living. Key practices Icon Holsteins will use to manage insects and rodents are to first eliminate possible habitat and then reduce the available food supply. In the event it is determined nuisance conditions from pest kee�i g flies �nad rodents persist, e�c�vn Holsteins will initially increase the frequency ,f Icon Holsteins will increase use r�/•chc�nic•r�i outlined previously. If further action irs ays, ba necessary, Icon roderacli'crde for pest control. controls and treatments, such as fly sp Mortality Management Icon Holsteins will maintain the timely removal and disposal of mortalities to a rendering company. Records of disposal will be maintained and will be available for review upon request. 5 Icon Holsteins, LLC Weld County, CO Preliminary Waste System Design Prepared by: RI AGPROfessionals ■■ DEVELOPERS OF AGRICULTURE 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 December 2017 Summary This analysis covers the preliminary design recommendations for a waste management system for Icon Holsteins, LLC in Weld County, Colorado. The proposed facility will be a dairy facility and is considered a Concentrated Animal Feeding Operation (CAFO). Therefore, the facility is subject to the Colorado Department of Public Health and Environment (CDPH&E) regulations. This preliminary design meets the requirements set forth in those regulations. Project Description The site is located in Weld County approximately 2.5 miles south of the Town of Kersey, CO. The facility is located in the Part of the Northeast 1/4 of Section 4, Township 4 North, Range 64 West of the Oh Principle Meridian. The facility will have a total capacity of approximately 5,000 head. The site, which is approximately 156 acres of production area, will include approximately 46 acres of runoff containment area. The 46 acres is being considered as one (1) drainage basin with two (2) sub -basins, Sub - basin 1 and Sub -basin 2. Design Objectives The waste management plan for Icon Holsteins will consist of constructing two catch basins for the sub -basin 1 drainage area and upgrading an existing pond within the associated sub -basin 2 drainage areas. The ponds will be constructed to contain runoff from the barn roof area and associated roads (sub -basin 1), the commodity storage area and existing open lot areas (sub -basin 2) within each pond's drainage boundaries. The ponds will be dewatered to adjacent farm fields as needed. Water will be applied to cropped fields at agronomic rates as a fertilizer according to a Nutrient Management Plan that will meet State requirements. Hydrology and Hydraulics The catch basin management systems for each drainage basin are designed to contain the 10 -year, 10 -day storm event as determined from the NRCS weather data. The required capacities were determined using the spreadsheet 313Pond.XLS "RECTANGULAR WASTE STORAGE POND DESIGN COMPUTATIONS" developed by John Andrews, NRCS State Conservation Engineer for Colorado. The spreadsheet uses a monthly balance approach accounting for precipitation inputs, as well as evaporation and pumped draw -downs during the summer irrigation season for the outputs. AGPROfessionals Page 2 of 4 Icon Holsteins, LLC Stormwater water generated from Sub -basin 1 will be fresh water storm runoff, and will be generated from the freestall barn roof area and associated roads. All precipitation that does not fall directly on this area will be diverted away from the containment area and flow into natural depressions. For Sub -basin 1, the design storm is a 10 -year, 10 -day storm event which corresponds to an amount of 4.21 inches of rainfall at the Greeley, CO weather station. The drainage area of 22.8 acres will produce a storm runoff volume of 7.77 acre feet. Waste water in Sub -basin 2 will be generated from the existing lot area, and the feed and commodity area. All precipitation that does not fall directly on this area will be diverted away from the containment area and will flow into the natural depressions. For Sub -basin 2, the design storm is a 10 -year, 10 -day storm event which corresponds to an amount of 4.21 inches of rainfall at the Greeley, CO weather station. The drainage area of 22.9 acres will produce a storm runoff volume of 5.95 acre feet. Storage Pond The two (2) ponds for Sub -basin 1 will total approximately 12.2 acre-feet available storage and do not require pond liner due to being fresh water. An emergency spillway may be installed on each pond to comply with the requirements of 5 CCR 1002- 61.17(5)(c)(ix)(C). Spill protection will be installed in the pond inlets to ensure that the flow of water into the ponds does not erode or compromise the integrity of the ponds. This system is designed to be de -watered frequently during the summer of each year and dewatered as low as possible prior to each winter. The ponds have been designed to handle the normal runoff and still maintain capacity for the design storm. In Pond 2 (Sub -basin 1) the water level must be kept below the working depth marked on the staff gauge to ensure adequate storage capacity for runoff from the design storm. Combined, these ponds have over 6 months of storage capacity which prevents the need to land apply wastewater during the winter months. The existing pond in Sub -basin 2 will be expanded to approximately 12.1 acre-feet in size. The pond will be lined with a liner to meet the requirements of 5 CCR 1002-81. An emergency spillway may be installed to comply with Regulation 5 CCR 1002- 61.17(5)(c)(ix)(C). Spill protection will be installed in pond inlets to ensure that the flow of water into the pond does not erode and compromise the integrity of the pond liner. The system is designed to be dewatered frequently during the summer of each year and dewatered as low as possible prior to each winter. The pond has been designed to handle the normal runoff and process water and still maintain capacity for the design storm. The water level must be kept below the working depth marked on the staff gauge to ensure adequate storage capacity for runoff from the design storm. The facility has over 6 months of storage which prevents the need to land apply wastewater during the winter months. AGPROfessionals Page 3 of 4 Icon Holsteins, LLC Diversions and Conveyances All diversions will be sized and constructed to handle flows from the design storm event. All conveyance structures will be sized to handle the projected flows. Geotechnical Recommendations The NRCS soil survey indicated that the site is underlain predominantly by sandy soils including Olney fine sandy loam, Otero sandy loam, and Agolls and Aquepts, in the area where the proposed ponds will be located. Subsurface explorations have been conducted. The subsurface exploration indicated that the soils in the proposed pond area consisted of soils that are not suitable as a compacted clay liner. Liner material will be imported for liner construction. The groundwater levels will continue to be monitored over time and the ponds will be in compliance with Regulation 5 CCR 1002-81. Land Application The proposed waste storage pond will be dewatered to the forty-five acres of irrigated farm land south of the pen area. All wastewater will be applied at agronomic rates as defined in the facility's Nutrient Management Plan. Using estimates generated from the spreadsheet 313Pond.XLS "RECTANGULAR WASTE STORAGE POND DESIGN COMPUTATIONS", 26.5 acre-feet of wastewater will be generated for land application in an average year. The amount of alfalfa or corn silage needed to utilize this wastewater in a conservative manner is 80 or 134 acres of sprinkler irrigated ground, respectively. In order to utilize the approximately 13.7 acre-feet of runoff generated in a 10 -year, 10 -day storm event, 41 or 69 acres of sprinkler irrigated alfalfa or corn silage, respectively, is needed. Wastewater will be dewatered to adjacent land via 3rd party transfer as needed. Approximately 30,500 tons (32% DM as applied) of manure will be generated annually. This manure will be provided to local farmers for use in their cropping operations. Attachments • Pond Sizing Spreadsheet • Proposed Drawing • Soils Report • Land application requirements AGPROfessionals Page 4 of 4 Icon Holsteins, LLC RECTANGULAR WASTE STORAGE POND DESIGN COMPUTATIONS Project Name: Location: Icon Holsteins, LLC Weld County, Colorado - Basin 2 jon dl Climate Station: Greeley t1NC, ave. year Computed By: Date: AGPROs 12/6/2017 Checked By: Date: Reviewer Initials RECTANGULAR STORAGE POND DESIGN DIMENSIONS POND DESIGN VOLUME BASIC DATA Bottom Width: 364 Bottom Length: 340 ft Design Depth: 4.0 ft Freeboard: 0.5 ft. Inside Slope: 3 I Evaporation Area; Seepage Rate. 0,000 incheslday Seepage Area: 126415_1 ft. Inside Top Width: 391 ft. Inside Top Length: 367 ft. Total Depth: 4.5 ft. Design Surface Area: 143,337 sq. ft. H:1V Available Storage Volume: 12.14 Acre -ft sq.ft. Freeboard Volume: 1.63 Acre -ft Total Volume: 13.73 Acre -ft .ft. Max Working Storage: 6.14 Acre -ft Design Storm Runoff: 6.00 Acre -ft Solids & Slurry Inflow : 0 cu. ft. /day Other Liquid Waste Inflow: 10000 gal. /day Contributing Roof Area: 52,906 sq. ft. Contributing Paved Lot Area: I 000 sq ft,, CN = 97 Contributing Earth Lot Area: 19 Acres, CN = 90 25yr-24hr Precipitation Depth: 3.40 inches 10yr-10day Precipitation Depth: 4.21 inches Annual FWS Evaporation: 45 inches Design Requirement: 12.14 Acre -ft Available Storage: 100% of design Storage Safety Factor: 1.1 {wi freeboard) Month Iota) Inflow (Acte-11 Jan. Feb. Mar. Apr, May June July Aug. Sea, Oct. Nov. Dec. Totals: 0.53 0.38 1.16 1.81 2.55 1.80 1.42 1.18 1.19 0.89 084 0.46 14.23 0.!00 0.02 0.09 0.35 0.77 0.35 0.18 0.10 0,10 0.03 0.02 0.00 200 0.00 0.03 0.14 0..55 1.21 0.54 0,28 0.15 0.15 0.04 0.03 0.01 3,13 000293 0.0120 0.35 0,21 0,1375 0.2740 0.4408 O95 1.59 222 0.2718 0.1904 _ 011414 1.58 1.20 0.1434 0.0864 0.1'78 0.0229 1.83 0.97 0.98 0.68 064 0.30 11.75 0,0349 0,0214 0.0958 01605 0.2349 0.1595 0.1216 0.0978 0..0988 0,0693 0.0644 0.01303 1.19 0.1453 01042 0.3161 0.4963 0,6992 0.4935 0.0000 0-0ooQ 0.0000 0.0000 0.0000 0.0000 0.3894 0-0000 0.3236 0.0000 0.3263 00000 0.2441 0.0000 0.2303 0.0000 0.1316_ 0.000 390 0.00 0.9501 0.9195 0.9501 0,9195 0.9501 0.9195 0.9501_ 0.9501 0.9195 0.9501 0-9195 0.9501 11.25 116 1.08 1.E4 2440 3.53 2.39 1.93 1.66 1.64 1.39 1.32 1-14 1.35 1.58 0.0000 0.0000 0.0000 0.0000 2.48 4.05 5.40 0.0000 0.0000 0.0000 0,0000 0.0000. 6.53 6.75 0.0000 a.00OD 0.0000 D.0000 0.00 0.00 0.00 2.00 2.00 3.00 0.0000 6.08 4.50 0.0000 0.0000 315 1,80 1,35 21.30 45.00 RAINFALL AND RUNOFF ESTIMATION FOR WASTE STORAGE POND DESIGN Earth Areas Paved Areas Roofed Areas Pond Surface' 25yr-24hr Mann Event 1 day Curve Numbers: • 90 97 ,' 100 100 % 25yr-24hr Rainfall,: 3.40 inches 3.40 inches 3.40 inches 3.40 inches 25yr-24hr Runoff.. 2.35 inches 3.06 inches 3.40 inches 3.40 Inches Runoff Vol umei' 3.68 Acre -(t 075 Acre -ft 0.34 Acre -ft 013 Acre -ft Total 24hr-25yr Event Runoff Volume: 520 Acre -ft Comic storm (w day event) 10 day Curve Numbers: 81 94 100 1 100 % 10yr-10day RaFrrfall: 4 2 inches 42 inches 4.2 inches 4.21 inches l0yr-10day Runoff: 2.28 inches 3.54 inches 4.21 inches 4.21 inches Runoff Volume:.3.56 Acre -ft 0.87 Acre -it 0,43 Acre -ft 1.1.5 - Acre -f1 Total 10yrirladay Event Ruoff Volume: 6.00 Acre- !I Average monthiRunoff Contribution to Working Storage 30 day Curve Numbers: 77 92 i 88 100 °%41 Monthly Runoff; (see computations in monthly_mass_baalannce table above Average Annual Rainfall: 14.2 inches 14/ inches ! 14/ inches 14.2 inches _ Avera a Annual Runoff0 2.00 inches 7.46 inches 11.75 inches 14.2.3 inches Runoff as of Rainfall: 14% 52% 83% 100.0% 0.0000 x.0000 0.0000 0.00 0.0000 0.0000 3.00 2.00 2.00 0.0 0.0000 0.0000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 2.01 3,00 1.16 1.08 114 0.40 1.53 -0.61 0.00 1.08 2.73 3.13 4.66 4.05 3.00 2.00 2.00 0.00 • 1.07 - 0.34 - 0.36 2.98 2.64 2.20 1.39 3.67 0.00 14.00 0.00 14.00 1.32 1.14 4.99 6.14 16.000 14.000 12.000 2 10.000 6 8.000 6.000 4.000 2.000 0.000 0.000 4.000 1.000 Pond Volume v._Denth 2.000 3.000 Depth, feet Freeboard 5.000 c03l3porHda jea 1 1 RECTANGULAR WASTE STORAGE POND DESIGN COMPUTATIONS Project Name: Icon Holsteins, LLC Location: Weld County Colorado - Basin 1 ponds 2 .3 ClimateStation: Greerey UNC, ave. year BASIC DATA Solids & Slurry Inflow : Other Liquid Waste Inflow: Contributing Roof Area. Contributing Paved Lot Area: Contributing Earth Lot Area: 25ytr-24hr Precipitation Depth: 1Oyr-1Odayr Precipitation Depth: Annual F' S Evaporation_ a 7000 554,152 0 10 3.40 421 45 cu. ft: /day gal. (day sq.ft sq. ft., N = Acres, CH inches inches ink 49 90 Month P recip. inches 'Earth Lot Runoff POND DESIGN VOLUME Max Working Storage: Design Storm Runoff: Design Requirement: Available Storage: Storage Safety Factor: t 1. rteto4' 3.45 7.77 Acre -ft Acre -ft 11.22 Acre -ft 104% cf design 1.7 Computed By: AGPrcr Dom: 12/8/2017 Checked By: Date: RECTA1.G.LIL A STORAGE. POND DESIGN DIMENSIONS VOLUMES ovestw a I 'I SN WITH DESIGN FOR NORTH POND AND SOUTH POND Freeboard: Inside Slope: Evaporation Area: Seepage Rate: Seel Sc Area. 0.0 ft. Design Surface Area: 4H:1V Available Storage Volume: 117,200 sq.ft Freeboard Volume: 0.000 inchesidayt Total Volume: 11196 .It. "173,056 sq. ft. 12 Acre -ft 8 Acre -ft 19 Acre -ft ANNUAL MASS BALANCE FOR ESTIMATING MAXIMUM WORKING STORAGE REQUIREME NTS AVERAGE MONTHLY pm OUTFLOW MONTHLY POND INFLOW Mon iq, Contribution to Workin Etc e frt Frei'ltatlon Roof Runoff set Jeri.� Feb. Mar. A!t- May __ June July Sep._ Oct. Nov, Dec.. Totals: 033 0. 116 1.81 235 1.80 t42 118 1..19 0.89 014 0.48 a.aa 0,102 0.09 0.35 0.77 0.35 0.18 0.10 0.10 0.03 0.02 coo 14.23 fAverfl) 0.00 0.01 0.06 0:33 0.65 Paged Lot Runall Aoravft (Acre -ft On Pond ()\ ft 2.00 0.29 0.15 0.0 0.00 0.02 0.02 0.00 0.,46 0.52 0.23 0.09 isa 0,01 0,09 0.16_ 0.23 0.22 0.32 0 3 4.48 0.0000 0.0000 0.0000 0.0000 -0.0000 0.0000 0.0000 0.0000 0.0000 0.68 0,0000 0.64 OMB 0.30 0.35 021 0.95 1.59 1.58 0.00 120_ 097 11.75 0.3659 02245 1.0035 1.6616 2.461}0 1.6711 1.2737 1:0242 1.0346 02258 0.6749 0.31'3 12.46 0.1755 01258 0.3840 tt.5_ 0..8442 0.5959 0.4701 01.3907 0.3940 0,2947 0,2761 01589 Waste Inflowr Solids Acre -ft 0.0000 0„0000 0:D0W 0,0000 0.0000 0.0000 0,0000 0.0000 O.OOM4 0.000 _0. 0000 471 0.00 0,E651 0.8436 0..6651 (Am.?! Total Gnttcwr (Acre -ft ) 121 1.01 2.13, 01438 9 ,29 0.6651 4.62 0.6436 3.20 0.6651 2.56 0.6651 2,16 0.5436 0:6651_ 0.6436 0,6651 7.87 RAINFALL AND RUNOFF ESTIMATION FOR WASTE STORAGE PONt) DESIGN i f Pond Surface 1 da. • Cure Numbers: Reinl'atl: Atria Volume - 9 d: Curve Numbers Month) Runoil Avern re ►Annua�ll Rainfall A7era Anr�Ruunol1 Runoff as % of Rainfall: Earth Areas 3.40 indicts 2.35 inches 1.98 Acre -ft 4.2 inches 2 28 Inches Paved Areas 25 -24hr Storm Event 49 3,40 inches 0.15 'Inches 0.01 Acre -it Roofed Areas 3.40 inches 3,40 tnelies 3.60 Akre -ft 3.40inches, Total 24h.r-25 Event Runoff Volume„ 671 Chronic Moon 10 i e even,? 1,91 Acre -ft 141 inches- 2.00 arches 4.2 inches 0.11 inches Total 1 ! -1 OdaE. 3.15 inches 4.2_irtr;hes 4.21 inches 142 Inches 11.75 inches 4.21 inches 4.21 Inches 129 Acre=1l 14,2 inches S'urleoe Eva ' ration ACre•ft: 1.15 1.35 1,58 2.48 4,05 SAO 6.53 6.75 6.08 4.50 3.15 1.60 ' 1.35 26.73 0.3027_ 0.3531 0,.5549 0,9081 1.2107 1.4613+0 1.5134_ 11521 45.00 1.0090 _171 0.4036 0,3027 Seepage Loss (Acre -ft 0.41 0,0000 Planned Drawdown (Acre-tt ) 0,0900 0_0000 0.00 Q.1 oo0 _ mop_ o 0006 0'0 p.000ci aka 10.09 0.0000 0100 Total Out l cw Acre -ft ' O-RKING STORAGE Monthly lyr In - Out Acre -ft) Accumulate Storage Acre -ft) 000 9.00 2, 2.00 3.00 -3.00 1.156- 0.30 0.55 3.41 321 4.46 0.91 0.65 1.57 -0.19 1,41 -1:26 4.51 216 1.00_ _ 2.01 V 00 0.71 040 0.30 0.00 0.00 1230 22,59 -1.95 -0.20 0.15 0.00 0.65 2.,23 2.114 3.45 2.19 1.00 1.21 0.84 0,23 0.03 0.18 1.18 2,39 3,23 c0313pond.7 je 8/31120M 414 DRAINAGE BASIN EXHIBIT wen COINAGE SUB -BASIN -1 B ACRES TOTAL i5•et twi K ALINE !LI co ACRESLO.AMA DRAINAGE BASIN BOUNDARY 45 T ACRES TOTAL idiatraniteacrat r DRAINAGE SUB -BASIN- 2 2290 ACRES TOTAL .906 al sq (1 ROOF AREA 128 000,sq It SILAGE PAD 18 75 ACRES LOT AREA rr¢ ntCI:10 e y 1ommEND gee r —sit., 15 s I 4115 3cM.A. 1• -d 15 I !ti e it 441.4 T IP to" Cal c i Q II CD Q 5 U 9 SHEET DB USDA United States Department of Agriculture \RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United, States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part October 18, 2017 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nres/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http:/lwww.nres.usda.gov/wpslportal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 4 Aquolls and Aquepts, flooded 13 47 —Olney fine sandy loam, 1 to 3 percent slopes 14 51 —Otero sandy loam, 1 to 3 percent slopes 16 References 18 4 How Soil surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity, Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 Custom Soil Resource Report MAP LEGEND Area of Interest (AOl) Area of Interest (AO1) Soils Soil Map Unit Polygons ,ry Soil Map Unit Lines Soil Map Unit Points Special Point Features V Blowout x 0 0 ft 0 0 OF N Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot 0 Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation 1-4-F Rails oh / Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your ADI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 15, Sep 22, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 17, 2015 —Sep 22, 2016 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI 4 AquaHs and Aquepts, flooded 47 51 Totals for Area of Interest Olney fine sandy loam, 1 to 3 percent slopes Otero sandy loam, 1 to 3 percent slopes Map Unit Descriptions 15.0 8.0% 82.8 44.2% 89.6 47.8% 187.4 100.0% The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The 11 Custom Soil Resource Report delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 4—Aquolls and Aquepts, flooded Map Unit Setting National map unit symbol. 3621 Elevation: 3,600 to 4,700 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 50 to 55 degrees F Frost -free period: 100 to 165 days Farmland classification: Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Aquolls and similar soils: 55 percent Aquepts, flooded, and similar soils: 25 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Depressions, drainageways, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile Hi - 0 to 8 inches: variable H2 - 8 to 60 inches: stratified sandy loam to clay Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 6.00 in/hr) Depth to water table: About 6 to 36 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 5.0 Available water storage in profile: Low (about 4.7 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: Salt Meadow (R067BY035CO) Hydric soil rating: Yes 13 Custom Soil Resource Report Description of Aquepts, Flooded Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 8 inches: variable H2 - 8 to 60 inches: stratified sandy loam to clay Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 6.00 in/hr) Depth to water table: About 6 to 36 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 5.0 Available water storage in profile: Low (about 4.7 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: Wet Meadow (R067BY038CQ) Hydric soil rating: Yes Minor Components Haverson Percent of map unit: 10 percent Hydric soil rating: No Thedalund Percent of map unit: 10 percent Hydric soil rating: No 47 —Olney fine sandy loam, 'I to 3 percent slopes Map Unit Setting National map unit symbol: 362v Elevation: 4,600 to 5,200 feet 14 Custom Soil Resource Report Mean annual precipitation: 11 to 15 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 175 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Olney and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Olney Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed deposit outwash Typical profile H1 - 0 to 10 inches: fine sandy loam H2 - 10 to 20 inches: sandy clay loam H3 - 20 to 25 inches: sandy clay loam H4 - 25 to 60 inches: fine sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: Sandy Plains (R067BY024CO) Hydric soil rating: No Minor Components Zigweid Percent of map unit: 10 percent Hydric soil rating: No Vona Percent of map unit: 5 percent Hydric soil rating: No Custom Soil Resource Report 51 —Otero sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 3630 Elevation: 4,700 to 5,250 feet Mean annual precipitation: 12 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 130 to 180 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Otero and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Otero Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits and/or mixed outwash Typical profile H1 - 0 to 12 inches: sandy loam H2 - 12 to 60 inches: fine sandy loam Properties and qualities Slope. 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4,0 mmhos/cm) Available water storage in profile: Moderate (about 7.7 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirnigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Hydric soil rating: No 16 Custom Soil Resource Report Minor Components Kim Percent of map unit: 10 percent Hydnc soil rating: No Vona Percent of map unit: 5 percent Hydric soil rating: No References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda.gov/wps/porta l/n res/deta i l/n ationa l/so i ls/?cid=n res142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 18 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-V1. http:Ifwww nres usda.gov/wps/portal! nresfdetailfsoils/scientistsf?cid=nres142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. ht-tp://www.nrcs.usda.goviwpsiporlal/nrcs/detaii/national(soitsi? cid=n res I42 p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification, U.S Department of Agriculture Handbook 210. http:11 wow nres.usda gav/InternetirSE_DOCUMENTS/nres142p2_052290.pdf 19 land A hcation R unarnents for t0 rear, 10 da Storm Even! Ill -year. 10 Jay al -arm volwnie! 13,7 A r I,.ia6gna 4.463.855 Total Nitrogen contained in liquid, lbs Ammonium -Nitrogen contained in liquid, lbs Organic -N irngen contained in liquid. lbs Ammonium-Nilragen available after iniga60n, labs. Organic -Nitrogen available 3rd year. lbs. Morgan available to plants (PANJ atlisL r . b5. Soil Organic Matter, % Irrigation Water NO3 content, porn 17esldval soil NO3 f2 al. ppm Ea0ected ?laid tgraie, Btu/are - silage tons?ac e} N rag- wr Wed 0 M , soil N.& br. Water NO.. lb /acrel Acres req. 7 effluent applied via sprinkler irrigation "MWPS-18 Semi?. r " Folren iron 1 211'n Meier'', No 568A .4zsf M�rr�nC,mer: rx+ecos lirr A Land Applteatigfl. Requirements for Average Years' Stormwater & Process Water S rrirrkfnr A , Had Mama -turn pumping raquuemanl Total Ndrogon c2nlarhe1 to lbs. Amrnonlum.N rlydgen canlarrr of in liquid, Ibs Organic -Nitro An,mane4m-Nitrogen available after ,nlgatlan lbs Organlc•Nrtrugen available 3rd guar, IG$ Nitrogen available to orenls„PAN) yr after yr lbs Sail Organic Matter. % Irrigation Water NO3 content, ppm Residual soil NO3 (2 ft), ppm Expected Yield (grain, Bulacre; silage. Ipnslacrgf N req w! listed 0 M , soil N, & Irr. Water NO3, (lb /acre) Acres req if effluent aoolied via sprinkler irrigation •MMWP5•ff5eUiorr r "Token from 081..'s BuNslin No %Pe !last 7.iaer vyni r -r, cr-rc lY er, yru fJ+r1 faLon Land Application Reanlruments for Avora0e Years' Stormwater & Process Waler • Ftond Applied Ma„imum pgmpingi ragvireplent 4 A. F }. gallons Total Nitrogen contained rn Mould, lbs "Total -N = 4 0 lbs /1,000 gal AlnmeniermN+lragencvnlalnadinliquid .lb5 "NH3-N- 20 lbs /1,050 gal Organic -Nitrogen contained in liquid. lbs. Organic -N = 2 0 lbs !1.000 gal Ammnnium.Nrlrogsn avail50le egg Irrigal�M, tbs 22 0% Flood-Inigation bss" Organic -Nitrogen available 3rd year, lbs. - 47% Equilibrium mineralization rate for organic -N" Nitrogen available to plants (PAN) yr after yr. lbs Soil Organic Matter, % Irrigation Water NO3 content, ppm Regrdu31 soil NO, {2111. ppm 20 0 f Alfalfa Expected Yield main. Bulacre: silage or dress tonnlacrel av ran wl rusted O M soil N. & IR Water NO1. (IbJadrel Acreg req a affluent applied via flood irrigation `MWPS-16 Svr6pn • 'farm,Redrr'Irr No 568A 17,855 8.928 8 928 4.910 4.108 9.106 1.0 5.0 140 "Total -N = "NH3-N Organic -N 4 0 lbs !1,003 gal 2 0 lbs /1,030 gal 2 0 lbs /1,000 gal 45 0% Sprinkler-Inigetiun loss" 47% Equilibrium mineralization rate For organic -N" Alfalfa Corn Silage 6 220 41 26 132 69 Based on CSU Extension Bulletin #538 & #3 565 26 5 A.F ). gallons 8,634 463 en contained in liquid Ibs 10 50 14.0 Based on CSU Extension Bulletin #530 a a3 565 Nitrogen peoduced en nueily, Nitrogen loss during -storage & handling, lbs 492,750 Total Nrlrogen rn manure before application, lbs 739 125 Ammonium•Htrogen conlaln00 In manure, lbs 284.563 Organic•Nitregen nnetainedIn manure, Ibs- 454 562 NH,•N available after spreading 1n4 incorparehon}. lbs 220,536 Oigarlc-ri rrpgen avallable 3rd year lbs. 250,009 Nitrogen available to plants (PAM yr after yr , bs 470 545 Sail Organic Matter_ % Irrigation Water NO3 content, Pm Residual soil NO3 (2 fl), ppm Expected Yield (tonal N req wl listed O.M_ 3 residual sail N lb (acre AV'S.; req. `Taken from Ch•U a Bulrcrrrn No }8.6A 17r_sr Monogo grunt (yp{'.cifs for M4,rrr.o /H /lbrrllorr Land Application Requirements - Comp oat Nitrogen oroduced annually 100% usedrest gear 1 231 875 Nitrogen loss during slorage & handling lbs 492750 Total Nilra en in manure before core astir' . ibs 739,125 Total Nitrogen in compost after composting lbs 517,388 Ammonium -Nitrogen contained in manure, lbs Organic -Nitrogen contained in manure- lbs 517.388 NH, -N available after spreading (no Incarkorah❑nt. lbs - Organic -Nitrogen available 4rd year. lbs. 217 303 Nlir-open available to planes PAN) yr. alter .1 yr., fps 217.303 Soil Organic Matter, % Imaabon Water NO, content prim Residual soil NO3 (2 ft1, porn Expected Yield (tons) N req. wl listed O M & residual soil N, lb (acre Acres rep 'Taken from CSU's 8uilelfn No 566.4 Bnf±R7aiiawe/pour Prarre-AR rru tarrrrnrg g55&i5z-2J3a-foul-7 7/J 10 50 34,538 17 269 17,269 9 498 8.116 17,614 "Total -N "NH3-N Organic -N = 4 0 lbs /1,000 gal 2 0 lbs /1,000 gal 2 0 Ibs !1,003 gal 45 0% Sprinkler-Irrigslion ruse" 47% Equilibrium mineralization rate for organic -N" Alfalfa Corn Silage 6 26 220 132 60 134 Corn Silage B 198 25 101 Based on CSU Extension Bulletin 1!530 & #0 565 IM.srrr*tr,i Pi ..-y r• rr fe r a,r rr Land A r IEcatlon Re, uiremants - Solid Manure 100% used. rust T4 '3 1.231_875 10 50 140 Corn Silage 26 132 3,574 40% lost as ammonia `NHQ-N = 36 5% of tow N in solid manure 'Organic -N= 61 5% of total N in solid manure 'N/ -h -N loss- 22 5% within 4 days of application 55% Equilibrium mineralization rate IororganicN' Based on CSU Extension Bulletin #535 1.0 50 20 0 Corn Silage 25 101 2 152 40% lost as ammonia 30% total N lost during composting 'NH4-N = 0 0% of total N in solid manure 'Organic -N= 100 0% of total N in solid manure `.1111-N loss= 0 0% within 4 days of application 42% Equlllhdum rr,ineralizalicn rate for organic -N' Based on CSU Extension Bulletin #535 AGPROfessionals, LLC Hello