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HomeMy WebLinkAbout20160350.tiff MEMORANDUM IMt,I , r, I/ Fr --I I TO: Kim Ogle, Planning Services DATE: 11/12/15 L , FROM: Jen Petrik, P.E., Development Engineer CO - N—Y SUBJECT: USR15-0065 McDonald Farm The Weld County Department of Planning Services-Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: General Project Information/Location: Oil and gas equipment storage This project is west of and adjacent to CR 35 and is south of CR 36. Parcel number 121111100001. Access is from CR 35. Traffic: Latest ADT on CR35 was taken on 7/24/13 which counted 73 vpd with 33% trucks. ADT on CR32 were taken 4/16/14 which counted 1805 vpd with 50% being trucks. The traffic information submitted with the application materials indicated there are up to 8 passenger vehicles, up to 15 tandem trucks,and up to 15 semi-trucks accessing the site. 90%of the trips are expected to be from CR32 north along CR35 to the site. Access: An access permit has been approved for the access to the site (AP15-00508 for one small commercial access off of CR35). For shared accesses, Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s)stopped to open a gate be allowed to create a safety issue for roadway users. TRACKING CONTROL: There is currently a cattle guard at the entrance to the site. By adding 300ft of recycled asphalt or road base the site will meet the minimum requirements for tracking control. Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. More than 10 round truck trips/day(tandem or semi-trucks)or more than 50 round passenger vehicles trips: Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled asphalt or road base. *Recycled concrete is not allowed in County ROW **Tracking control devices can be double cattle guards or other specialized device "" Tracking control for unmaintained public ROW is required just prior to entering publically maintained roadways. A development standard will be included on the recorded site plan. "The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking." A variance request for alternatives to the above tracking control can be submitted to the Traffic Division of Public Works for review and consideration. Improvements and Road Maintenance Agreement: The combined truck trips of tandems and semis is up to 30 which exceeds the trigger of 21. An Improvements Agreement between the Applicant and the County will be required for this project. It will detail the approved haul route(s), outline when offsite improvements will be triggered, and include a maintenance agreement for the haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: http://www.co.weld.co.us/Departments/Plan n i ngZon i ng/Land UseApplicationsAssistance/Appl icationAssist ance.html An Improvements Agreement is required for sites with required offsite improvements. Collateral is required to ensure the improvements are made. Road Maintenance is typically included as a section of the Improvements Agreement when the County feels that the site activities may impact the County roadways. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. Drainage Requirements: The applicant is not increasing the imperviousness of the site and therefore meets one of the stormwater detention requirements. No stormwater pond is required. Grading Permit A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact a Engineering representative from the Planning Department for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment,Water Quality Control Division, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. County Road 35 is a gravel road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services-Engineer) 2. Show and label the approved access (AP15-00508), and the appropriate turning radii on the site plan. (Department of Planning Services-Engineer) 3. Show and label all easements with the recorded document reception number and date on the site plan. (Planning) 4. Show and label the approved tracking control on the site plan. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on-site construction. (Department of Planning Services-Engineer) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services-Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services-Engineer) 2. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Planning and Engineering) 3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services-Engineer) `' tie-) Engineering � � 7- Day comments Please contact Jennifer Petrik, Development Review Engineering with questions. 970-353- 6100x3552 ROADS AND RIGHT OF WAY: County Road 36 and 33 are gravel roads and are designated on the Weld County Road Classification Plan as a local roads, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site map the future and existing right-of-way. All setbacks shall be measured from the edge of future right- of-way. These roads are maintained by Weld County. County Road 35 is a gravel road and is designated on the Weld County Road Classification Plan as a collector road , which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site map the future and existing right-of-way. All setbacks shall be measured from the edge of future right- of-way. This road is maintained by Weld County. TRAFFIC REQUIREMENTS: 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) 2. Describe the expected travel routes for site traffic. 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. ) 4. Describe the time of day that you expect the highest traffic volumes from above. DRAINAGE REQUIREMENTS: The draft drainage code is available on the planning-engineering website. http://www.co.weld .co.us/Departments/PlanninqZoninq/Engineerinq . html . Please contact Department of Planning Services/Development Review Engineering for questions or assistance 970-353-6100. Detention pond summarized in a drainage report is required unless the project falls under an exception to stormwater detention requirements per code section 23-12-30 F. 1 (see below). 1. Detention pond requirements: A drainage report and detention pond design shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. A general drainage report guidance checklist is available on the engineering website. More complete checklists are available upon request. 2. Drainage narrative requirements with exception from detention pond. The drainage narrative must describe at the minimum : 1 . Which exception is being applied for and include supporting documentation . 2. Where the water originates if it flows onto the property from an offsite source 3. Where it flows to as it leaves the property 4. The direction of flow across the property 5. If there have been previous drainage problems with the property DRAINAGE CODE REQUIREMENTS (informational only): Section 23-12-30. Drainage Policy. F. Exceptions to storm water detention shall not jeopardize the public health, safety, and welfare of public and private property. 1. Exceptions. A. No stormwater detention will be required for sites that meet any of the following conditions: 1. Use by right or accessory use in the A (agricultural) Zone District. 2. Zoning permits in the A (agricultural) Zone District. 3. A second dwelling permit in the A (agricultural) Zone District. 4. Towers including, but not limited to, cell, wind, and telecommunication towers. 5. Pipelines or transmission lines. 6. Gravel pits if the stormwater drains into the gravel pit. 7. Residential developments where all the following conditions exist: A. Nine (9) lots or fewer. B. The average lot size is equal to, or greater than, three (3) acres per lot. C. Downstream roadway criteria are not exceeded. D. The total post-development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. 8. Development of sites where the change of use does not increase the imperviousness of the site. 9. Urbanizing areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet per second (cfs) for the 1-hour, 100-year, storm event. 10. Non-urbanizing areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1-hour, 100-year, storm event. 11. Parcels with total area less than, or equal to, a 1.0 gross acre. 12. Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. 13. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a 1,000 sq ft building or equivalent imperviousness. 14. A parcel greater than 5 gross acres in size is allowed a onetime exception for a 2,000 sq ft building or equivalent imperviousness. 15. Approved by a variance (DRAFT Weld County Code Section 23-12-150) Section 23-12-150. Stormwater Drainage Criteria Variances. The following variance procedures are intended to allow additional exceptions to the code explicitly listed in Section 23-12-30 provided certain requirements are met. Subsection A below is intended to be a lower cost option which allows anyone to apply for a variance with or without stamped engineering documentation. Subsection B below is intended to be used when more detailed analysis and engineering support is required. A. An applicant may request a variance for their site when conditions do not meet the drainage exemptions described previously and impacts to the site and offsite properties are insignificant. Requests will be reviewed by the Planning Director or his/her designee. No variance will be considered if it may jeopardize the public health, safety, welfare and public and private property. In order to be granted, the variance request must: 1. Demonstrate that granting of the variance will still adequately protect public health, safety, and general welfare. 2. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights of way and/or offsite properties as a result of the project. Any engineer's supporting documentation or analysis has to be signed and stamped by a licensed PE in the state of Colorado. if the applicant's variance request is denied for not satisfying the above criteria and in the sole discretion of the planning director or his or her designee, the applicant has the option to follow the variance request in Subsection B below or appeal the denial to the Board of Adjustment. B. The applicant's engineer may request a variance. The variance request shall be stamped and signed by a professional civil engineer licensed to practice in the State of Colorado. Requests will be reviewed by the Planning Director or his/her designee. In order to be granted, the variance request must: 1. Describe the design criteria of the Weld County Code of which a variance is being requested. 2. Describe the proposed alternative with engineering rationale which supports the intent of the Weld County Code. 3. Meet the design intent of the Weld County Code. 4. Demonstrate that granting of the variance will still adequately protect public health, safety. and general welfare. 5. Demonstrate there are no adverse impacts, from storm water runoff, to the public rights of way and/or offsite properties as a result of the project. An applicant can appeal to the Board of Adjustments the Director of Planning Services decision regarding the variance per Article VI of this chapter. C. Variance requests, if accepted, are not precedent setting and are based upon specific site constraints. A Site Plan will be required identifying the following (if applicable): o Show and label location of existing road Right-of-Way, future road Right-of-Way, and Easements o Show and label location of drainage related features i.e. detention pond(s), ditches, etc. . . Detention ponds shall be labeled as "No Build/Storage Area" and include design volume o Show and label the drainage flow arrows showing how the stormwater flows across the property o Show and label location of the access(es) and label with access permit number o Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property o Show and label the access turning radii (25 feet for passenger vehicles/60 feet for trucks) o Show and label the approved tracking control Abe MEMORANDUM 1 ,EL �� TO: KIM OGLE,PLANNING SERVICES vac t l FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH G_0_�.N— SUBJECT: USR15-0065 DATE: OCTOBER 28, 2015 Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (parking and maintenance of exploration, production or workover equipment; equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors; parking and maintenance for tank and water service companies; storage and rental yards for pipe and production equipment, field offices used by production-related records and maintenance personnel), and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. The application indicates there will be 2 employees on site. A portable toilet and bottled water will be provided which is acceptable. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code. 6. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 7. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 8. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 9. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 10.The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 11.Septage requirements for SS-1500005 shall be adhered to, as applicable. 12.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 2 MEMORANDUM 1ti ` ' ; C.= To: Kim Ogle, Planner October 13, 2015 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR15-0065 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV15-00103)was noted. This violation was initiated due to the operation of a commercial oil &gas storage without first completing the necessary Weld County Zoning Permits. This case has not been presented to the Weld County Court Magistrate through the Violation Hearing process. Since this application was submitted prior to an actual court date being scheduled, NO investigation fee is required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. This violation was initiated on August 4, 2015. If this application is approved by the Board of County Commissioners, it will correct this outstanding violation. If this application is denied, all commercial storage shall be removed within 30 (thirty)days of denial or the violation will proceed in court accordingly. SERVICE TEAMWORK,INTEGRITY,QUALITY Submit by Email Weld County Referral • co„--, _.i October 12,2015 The Weld County Department of Planning Services has received the following item for review: Applicant: National Western Holdings, LLC Case Number: USR15-0065 Please Reply By: November 9, 2015 Planner: Kim Ogle Project: A Site Specific Development Plan and Use by Special Use Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (parking and maintenance of exploration, production or workover equipment; equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors; parking and maintenance for tank and water service companies; storage and rental yards for pipe and production equipment, field offices used by production-related records and maintenance personnel), and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Location: 360 FEET SOUTH OF CR 36,WEST OF AND ADJACENT TO CR 35 Parcel Number: 121111000003-R4851986 Legal: PART N2 NE4 SECTION 11,T3N, R66W OF THe 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: R We have reviewed the request and find no conflicts with our interests. See attached letter. Jake Billadeau 11/9/15 Signature Date Agency Anadarko Weld County Planning Dept 1555 N 17th Ave,Greeley,CO 80631 (970)353-6100 ext 3540 (970)304-6498 fax ANADARKO PETROLEUM CORPORATION A4 niC ;720) 929-611(]0 1095 18 STR=.-'. S . rF '009 • OENVER Co_0_Au0 00202 flnadat P!=troleurr Corporation November 11, 2015 VIA E-MAIL Kim Ogle, Planner Weld County—Department of Planning 1555 N 17th Ave Greeley, CO 80631 kogle@weIdgov.com NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P COMPANY LP AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION Re: USR15-0065 National Western Holdings, LLC -Property Owner or"Applicant" Township 3 North, Range 66 West Section 11: part of the N/2NE/4 ("Property") Weld County, Colorado Mr. Ogle: This objection and notice letter is submitted to Weld County ("County") on behalf of Anadarko Land Corp. ("Anadarko Land"), Anadarko E&P Company LP ("Anadarko E&P"), and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to the application for a Site Specific Development Plan and USR Permit that has been filed with the County by National Western Holdings, LLC ("Applicant") that includes property in the N/2NE/4 of Section 11, Township 3 North, Range 66 West in Weld County. Anadarko Land and Anadarko E&P (the "Anadarko entities") together own the minerals that underlie the property located in Section 11 ("Property"). Kerr-McGee owns oil and gas leasehold interests in the Property. The Anadarko entities and Kerr-McGee wish to give notice to the County of the mineral interests and oil and gas leasehold interests they own under the Property and make the County aware that the approval of a final application may significantly impact the prospective development of the minerals and oil and gas interests that underlie the Property. The Anadarko Entities and Kerr-McGee object to the approval of a final application for development until agreements on surface use are reached among the Anadarko entities, Kerr- McGee and the Applicant covering the Property. The following are comments in support of this Notice and Objection: 1. The Mineral Resources Owned by Anadarko Land Corp. Anadarko Land owns all of the hard rock minerals, including the coal, that underlies the Property. A Landman for Anadarko Land has reviewed the Property for coal resource potential and determined that the Property is underlain with Laramie Formation coals that are approximately 4.3 feet thick and lie at a depth starting at approximately 150 feet. Laramie Formation coals have a high BTU of approximately 8,900 to 9,800 btu/lb and a low sulfur content of between .3 and .8 percent. The Landman estimates that there may be over 4.79 million tons of Laramie Formation coal in Section 11. 2. The Oil and Gas Resources Owned by the Anadarko Entities. The Anadarko entities together own all of the oil and gas that underlies the Property, and Kerr-McGee owns oil and gas leasehold interests for the Property. Colorado Oil and Gas Conservation Commission ("COGCC") reports reflect that there are currently thirty-two producing wells in Section 11. Current COGCC rules and regulation provide for five drilling windows in a quarter section where the Property is located, one in the center of the quarter section and one in the center of each quarter quarter section. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133O0) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. Colorado law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. 5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The mineral assets have significant value and consequently the Anadarko entities and Kerr-McGee are concerned that the approval by the County of an application for development of the Property and the subsequent build-out of the Property may impair their ability to develop their minerals and oil and gas interests. Any future surface development plans approved by the County should incorporate and designate lands to be set aside for oil and gas development and expressly provide protection for future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Approval of any surface development plan that forecloses the rights of mineral and leasehold owners may be a compensable taking. The Anadarko entities and Kerr-McGee have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface estate and the oil and gas estate or some other disposition of the minerals. The practice of the Anadarko entities and Kerr-McGee is to meet with surface owners to reach a mutually acceptable agreement, including the disposition of the hard rock mineral interests. To date, the Anadarko entities and Kerr-McGee have not had any discussions with the Applicant on this matter. Because no agreement has been reached between the parties that covers the Property, and in order to protect their mineral and oil and gas interests and private property rights, the Anadarko entities and Kerr-McGee object to the application and request that the County make any approval of a final application for development of the Property conditioned upon an agreement among the Anadarko entities, Kerr-McGee and the Applicant. Please contact me at 970-515-1186 if you have any questions or comments about this matter. The Anadarko entities and Kerr-McGee hope to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the Town to accomplish its land use planning goals. Sincerely, ANADARKO PETROLEUM CORPORATION Paul Ratliff Landman cc: Susan Aldridge, Sr. Counsel Mark Floyd, Sr. Counsel Don Ballard Travis Book Don Jobe Ron Olsen Mike Brotzman Mark McDonald—National Western Holdings, LLC (mcfarms4mark@aol.com) Hello