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Home My WebLink About20153468.tiff MEMORANDUM IMt,I r, I/ Fr --I I TO: Kim Ogle, Planning Services DATE: 9/14/15 mei L , FROM: Wayne Howard, P.E., Development Engineer CO - N—Y SUBJECT: USR15-0046 Snowy River Recycling 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: The project is a tire recycling facility and two single family residences This project is east of and adjacent to CR 27 and is north of CR 104. Parcel number 045517200012. Access is from CR 27. Roads: County Road 27 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. Traffic: Latest ADT on CR 27 was taken on 9/18/14 which counted 57 vpd with 31% trucks. A traffic narrative was submitted with the application materials and indicated that there will be approximately 1 semi-truck/month and 1-2 twice/week employee trips. Access: An access permit has been approved for the accesses to the site (AP15-00218)(1 com. - 1 res.) 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: 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. Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements. Improvements and Road Maintenance Agreement: No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day or 50 round passenger vehicle trips/day. A development standard will be applied to the recorded plan indicating any impacts to the road must be mitigated by the owner. There shall be no tracking from the site onto publically maintained roads. The applicant is responsible for mitigation of any damage or offsite tracking and upgrading and/or maintaining onsite tracking control. Drainage Requirements: Since the pre-app meeting Weld County has adopted new drainage criteria. The site does not appear to fit any of the drainage exceptions shown below. Do to the location, large size of parcel, and minimal improvements to the site, I would recommend that applicant utilize the new stormwater drainage variance request shown below and submit a small drainage narrative stating rational why the site should not require a drainage report and detention pond. The applicant can contact me for more information. 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. 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. The applicant shall submit a stormwater drainage variance request or, if the site does not qualify for a variance, then a Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services-Engineer) B. The plan shall be amended to delineate the following: 1. County Road 27 is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right- of-way. This road is maintained by Weld County. (Department of Planning Services-Engineer) 2. Show and label the approved access(es) (AP15-00218), and the appropriate turning radii on the site plan. (Department of Planning Services-Engineer) Prior to Construction: A. 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) MEMORANDUM Ake ' r✓EL TO: KIM OGLE, PLANNING SERVICES FROM: HEATHER BARBARE, ENVIRONMENTAL HEALTH U�131L SUBJECT: USRI5-0046, SNOWY RIVER TIRE PROCESSING G U N DATE: AUGUST 26,2015 Environmental Health Services has reviewed this proposal for a site specific development plan and use by special review permit for any use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts (solid waste management facility), 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 and one (1) single- family dwelling unit per lot other than those permitted under section 23-3-20.a (second single family dwelling unit) in the a (agricultural) zone district. The applicant has indicated that they intend to build two residences at the site and the residences will be served by new septic systems and by a private well (well permit #297778). A well permit was provided as part of the application material. The applicant indicated that the business would have one full time employee and one part time employee, such that bottled water and portable toilets could be utilized in accordance with Environmental Health policy. Snowy River has registered with the CDPHE as a waste tire hauler and waste tire processor, in accordance with the Regulations pertaining to Solid Waste Sites and Facilities. The applicant provided documentation of financial assurance for removal of up to 100 tons of used tires and used tire products and has indicated that product may remain onsite for up to three months at a time. An Engineering Design and Operations Plan (EDOP) dated May 8, 2015 was submitted to the CDPHE and Weld County. Documentation has not been provided that the CDPHE has approved the EDOP in accordance with Section 10.6.9 of the Solid Waste Regulations. The applicant has indicated that no equipment or commercial vehicle washing will be occurring onsite and that there will be limited chemical and fuel storage. Chemical and fuel storage may consist of storage of non toxic water based acrylic latex colorant/paint, two 50 gallon diesel tanks, and one 150 gallon diesel tank. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval. Prior to Recording the Plat: 1. Used tire storage areas and product storage areas should be designated on the plat. Prior to the issuance of the Certificate of Occupancy for the new residence(s): 1. An onsite wastewater treatment system is required for the proposed residence(s) and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. Prior to Operation: 2. The facility shall provide a Fire Prevention, Training and Firefighting Plan and provide documentation that the Plan and the facility's Engineering Design and Operations Plan has been approved by the Colorado Department of Public Health and Environment. 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, Section 30-20-100.5, C.R.S., as amended) 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, Section 30- 20-100.5, C.R.S. 3. Waste materials shall be handled, stored, and disposed of 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 and fugitive particulate emissions 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. The facility at all times shall operate in accordance with the approved Engineering Design and Operations Plan. If during the operational activities of this facility information is revealed that changes the currently held concept of the site, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment may request modifications to the Engineering Design and Operations Plan. In addition, 2 regulatory changes that the Colorado Department of Public Health and Environment may implement in the future may also become binding and necessitate modifications to the Engineering Design and Operations Plan. Modifications to the Engineering Design and Operations Plan will be approved, in writing, by both the Colorado Department of Public Health and Environment and the Weld County Department of Public Health and Environment. 6. All required reports and recordkeeping information will be submitted to the WCDPHE upon request and maintained at the facility. Records will be maintained onsite indicating An annual report will be submitted to the CDPHE and the WCDPHE by April 1 of each year. 7. The facility shall comply with the waste tires section (Section 10) of the Regulation Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable. 8. The facility shall have no more than 100 tons of used tires and used tire products at the facility. If the facility has a written contract or purchase order for sale of used tire products, the tonnage specified on the written contract or purchase order will not count toward the 100 tons allowed onsite. 9. The applicant shall submit an Air Pollution Emission Notice (APEN) and Emissions Permit application to the Air Pollution Control Division (APCD) of the Colorado Department of Health and Environment, as necessary. 10.The used tires and used tire product will not be stored outside of the designated cells. Lanes between cells shall be free of tires, debris and vegetation at all times. Wastes or material other than used tires and used tire products will not be placed into designated cells. 11.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. 12.Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. If employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 13.All potentially hazardous chemicals must be handled in a safe manner, in 3 accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations. 14.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 4 flnadarkpli October 1, 2015 VIA E-MAIL Weld County Department of Planning Services Kim Ogle, Town Planner 1555 N. 17th Ave Greeley, CO 80631 kogle@weldgov.com NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P ONSHORE LLC AND OBJECTION Re: Case Number: USR15-0046 Floyd R. Cole—Property Owner or"Applicant" Township 9 North, Range 66 West Section 17: The S1/2 of the NW1/4 Weld County, Colorado Mr. Ogle: This objection and notice letter is submitted to Weld County (the "County") on behalf of Anadarko Land Corp. ("Anadarko Land") and Anadarko E&P Onshore LLC (together the "Anadarko entities") with respect to USR15-0046 that has been submitted for approval to the County by Floyd R. Cole ("Applicant") for the property referenced above in Weld County in the S1/2 of the NW1/4 of Section 17, Township 9 North, Range 66 West("Property"). The Anadarko entities together own all of the mineral interests, including the oil and gas and coal and other hard rock minerals, which underlie the Property. The following are comments in support of this Notice and Objection: 1. Ownership of the Hard Rock Mineral Interests and the Oil and Gas Interests. Anadarko Land owns the hard rock minerals, including the coal, which underlies the Property. The Anadarko entities together own all of the oil and gas that underlies the Property. 2. 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. § 30-28-133(10) 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." 3. 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. The mineral interests of the Anadarko entities have significant value and consequently they are concerned that the approval by the County of a final application for development and the subsequent build-out of the Property will impair the ability of the Anadarko entities to develop their mineral and oil and gas interests. 4. The Anadarko Entities Have No Agreements with the Applicant that would Protect their Valuable Assets and provide for the Joint Use of the Property for Potentially Conflicting Surface Uses. Although the current Colorado Oil and Gas Conservation Commission rules and regulations provide for the location of wells in a quarter section where the Property is located- generally in the center of each quarter quarter section, or one oil and gas operations area within each forty acres — the Anadarko entities and surface owners/developers/applicants typically try and negotiate locations that may be outside these established drilling windows. This is done to provide for the best use of the surface by the Applicant as well as allow for proper development of the minerals and oil and gas. However, at this time, no agreement concerning alternative locations has been finalized. The Anadarko entities or their lessees have rights to drill wells and locate associated drilling and production equipment on the Property and to conduct future operations on the Property that could include, drilling, re-drilling, deepening, recompleting, fracturing and re- fracturing wells and the maintenance and servicing of wells and equipment. Drilling and subsequent well operations could take place on a continuous basis over several days with the use of heavy equipment that may require the coordination of the use of portions of the Property at given times. Any future surface development plans approved by the County should 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 the owners of the mineral estate may be a compensable taking. 5. The Anadarko Entities Object to the Application in the Absence of Agreements. The Anadarko entities and their affiliated company, Kerr-McGee Oil & Gas Onshore LP, have extensive mineral and oil and gas 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 and that provides for the disposition of the hard rock minerals owned by Anadarko Land. The practice of the Anadarko entities is to meet with surface owners to reach mutually acceptable agreements. In this case, representatives for the Anadarko entities have not initiated discussions with the Applicant. Because no final agreements have been reached, and in order to protect their mineral interests and private property rights, the Anadarko entities object to the approval of a final application for development for the Property and request that the County make any approval of the applications conditioned upon agreements with the Anadarko entities. Please contact me at 720-929-6848 if you have any questions or comments about this matter. Sincerely, ANADARKO PETROLEUM CORPORATION on h tic. lf of Travis Book Sr. Landman cc: Susan Aldridge, Sr. Counsel Mark Floyd, Sr. Counsel Don Ballard Justin Shoulders Ron Olsen Mike Brotzman Floyd R. Cole—Applicant (rustye@snowyriverentetprises.com) Weld RE-9 School District - r August 25, 2015 Floyd R. Cole 2416 52' Ave. Ct. Greeley, Co. 80634 Mr. Cole, The Weld Re-9 School District has received notification from the Weld County Planning Department regarding your request for a special use permit. The USR application shows the construction of two new homes for the purpose of future residential development. Weld Re-9 has established a methodology to determine in-lieu of land payment for new residential units in order for the District to purchase land which will house future school buildings for the purpose of educating the children living in these potential residences. The total in-lieu of land payment per unit created for residential purposes is $759. Therefore, your obligation to Weld Re-9 is $1,518 for the USR #15-0046. Payment can be mailed or delivered to: Weld Re-9 School District 210 W. First Street P.O. Box 68 Ault, Colorado 80610 Please include your permit number with your payment. A receipt will be provided to the party requesting the exemption. If you have further questions, please don't hesitate to contact our administration office. InZducation, _ Robert D. Ring Jr. Superintendent From: Kristine Ranslem To: Kim Oale Subject: FW: USR15-0046 Referral Date: Friday,August 28,2015 11:22:02 AM Importance: High Please see the referral comments below. Thank you! Kristine Ranslem Planning Technician Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 (970) 353-6100 ext. 3519 kranslem@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: townofnunn@ezlink.com [mailto:townofnunn@ezlink.com] Sent: Friday, August 28, 2015 11:16 AM To: Kristine Ranslem Subject: Re: USR15-0046 Referral Kristine, The Town of Nunn has reviewed the application for the Case #USR15-0046. The review was completed on August 15th with the comments as: Please ensure that any and all contaminants(if any) are contained and not allowed to reach the creek that runs to the east of the property. Thanks, Cathy Payne Town Clerk/Treasurer Town of Nunn On 2015-08-13 14:25, Kristine Ranslem wrote: > We have received a case (USR15-0046) in which we ask that you review > the material and send a referral to us. Please click on the link > below > and select "Search Applications" under the Planning tab. Input the > record number and scroll down to Attachments. Click on the arrow next > to the Attachments and you will find all the information including > the > referral form to submit back to us. The following is a quick link to > the case search: >• https://accela-aca.co.weld.co.us/citizenaccess/ [1]. >• If you have any questions, please don't hesitate to contact me at the > number below. Thank you! > _KRISTINE RANSLEM_ > Planning Technician >• Weld County Planning Department >• 1555 N 17th Ave >• Greeley, CO 80631 > (970) 353-6100 ext. 3519 >• kranslem@co.weld.co.us [2] >• Confidentiality Notice: This electronic transmission and any attached > documents or other writings are intended only for the person or > entity > to which it is addressed and may contain information that is > privileged, confidential or otherwise protected from disclosure. If > you have received this communication in error, please immediately > notify sender by return e-mail and destroy the communication. Any > disclosure, copying, distribution or the taking of any action > concerning the contents of this communication or any attachments by > anyone other than the named recipient is strictly prohibited. > Links: > [1] https://accela-aca.co.weld.co.us/citizenaccess/ > [2] mailto:kranslem©co.weld.co.us 4 DNR COLORADO COCo Water ofv,,u noSor.r,.es 1313 Sherman Street, Room 821 Denver. CO 80203 August 17, 2015 Kim Ogle Weld County Department of Planning Services Transmission via email: kogle@co.weld.co.us Re: Floyd e Kala Cole Case No. USR15-0046 S1/2 NW'/4 Section 17, T9N, R66W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Ogle: We have reviewed the above referenced proposal for a site-specific development plan and use by special review for a tire recycling facility and one additional single-family dwelling on a parcel of 79.94 acres. The submitted material does not appear to qualify as a "subdivision" as defined in § 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The applicants intend to live on the subject property and conduct their tire recycling business on the property as well. The applicants would also like to build a second single- family residence on the property for their daughter, son-in-law, and their children. Based on the submitted information, it is the understanding of this office that the only employees of the tire recycling facility are the applicant and son-in-law, both of whom will reside on the property. The proposed water supply for the property is a new well to be constructed under well permit no. 297778. Well permit no. 297778 was issued pursuant to § 37-92-602(3)(b)(II)(A), C.R.S., as the only well on parcel of 40 acres, described as the SW '/4 of the NW I/4 of said Section 17. The permit allows the use of ground water from the well for fire protection, ordinary household purposes inside not more than three single-family dwellings, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not more than one acre of home gardens and lawns. In accordance with Policy 2011-3, for a well permitted pursuant to § 37-92- 602(3)(b)(II)(A) whose permit does not specifically allow for commercial uses, a business may be conducted on the property as long as: a. The property has a home that is the primary single-family residence for the party engaged in the business. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us i'"/a-to +� Cole Page 2 of 2 Case No. USR15-0046 August 17, 2015 b. The business has no on-site employees that use water other than the party or parties living in the single-family residence(s). c. No additional water will be diverted or consumed as a result of the business being conducted on the property; specifically, no customers will use the drinking and sanitary facilities, and the business will not create any demand on the ground water beyond those demands typically associated with the in-house use in a single family residence. So long as the above conditions are complied with, this office has no objection to the subject proposal. Please contact Sarah Brucker of this office if you or the applicant have any questions. Sincerely, ,J Tracy L. Kosloff, P.E. Water Resource Engineer Cc: Well permit file no. 297778 oF_coi 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us i" /Rib • October 2, 2015 Ms. Kristine Ranslem Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 RE: Planning Case: USR15-046 NW I/4, Section 17, T9N, R66W Dear Ms. Ranslem, In regards to the above referenced Planning Case, Western Area Power Administration (Western) offers the following comments: 1. All construction activities within Western's overhead electric transmission line easement areas, including, but not limited to, road crossings, utilities, landscaping, fencing, and site grading, must be coordinated with this office. 2 . The plat should provide for appropriate setbacks from Western's transmission line. 3. Western's transmission line easements should be shown on the plat. Note: Western maintains a 75 foot wide and an additional 100 foot wide right of way over the subject property. We are including a copy of said easements for your reference. 4. The following language should also be included on the plat: a) The United States electric transmission line easements are restricted areas and all construction activities within said easements should he coordinated with WESTERN AREA POWER ADMINISTRATION, Lands Department, P.O. Box 3700, Loveland, Colorado 80539-3003 (970- 461-7200). b)No trees or other vegetation, which will exceed 10 feet in height at full maturity, are allowed within the easement areas. c) No buildings or other structures are allowed within the transmission line easement areas. d) A minimum overhead clearance of 16 feet from the transmission line conductors must be maintained at all times. e) Induced voltages and currents may occur on the facility constructed or placed under or near high voltage transmission lines. The owner shall be responsible for the protection of personnel and equipment in their design, construction, operation and maintenance of the facility. 11) Any changes in existing topography must be coordinated and approved by Western. Excavation is not permitted within 20 feet of any transmission line structure. g.) No fences shall be installed on or across the easement area without first submitting the fence/gate plans for review and approval by Western. If you have any questions, please contact me at(970) 461-7200 or bpederson@wapa.gov. Sincerely, Brian Pederson Realty Specialist Enclosures 634 P. . 1..1522 (12.62 Recorded af_.,1. aC _( r�eleck'_._r..(,._..M.... Rec. Nv...... S5..Jr.,- 1, __.,,,---___.Ann Spomer, Recorder Cost Code: 010.864.21.501.2 5 — ✓ Contract No. 14-06-7OO-691J. UNITED STATES DEPARTMENT OF THE INFERIOR Bureau of Reclamation IN Transmission Division Colorado River Storage PROJECT Archer-Weld 230-Kv Transmission Line or Ai CONTRACT AND GRANT OF ELECTRIC TRANSMISSION LINE EASEMENT THIS CONTRACT AND GRANT OF EASEMENT, made this 4' e day of `^ Dc.7-o O es R , 1970 pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388) , and acts amendatory thereof or supple- v mentary thereto, between THE UNITED STATES OF AMERICA, hereinafter referred to as United States, represented by the officer executing 7 this instrument, his duly appointed successor, or his duly authorized representative, hereinafter called the contracting officer, and 4) Salome Steckel hereinafter collectively referred to as vendor: lTNESSETH: The following grant and mutual covenants by and between the parties: 1. For the consideration hereinafter expressed, vendor does hereby grant unto the United States, its successors and assigns, a perpetual easement to construct, operate and maintain one electric transmission line, consisting of a single row of structures supporting one or more electric power circuits of the United States, together with all poles, towers, crossarms, cables, wires, guys, supports, fixtures, and- such other structures, installations and facilities used in the construction, operation and maintenance of said transmission line, across the following described land situated in the County of Weld , State of Colorado , to wit: Description attached hereto as page la. 'netts- I :b D'>v i , . 634 1555881 : PARCEL 22-45 One strip of land containing .12.22 acres, more` or less, situated in the 1,1.7W-1,f of Section 17, Township. 9 North, Range 66 West of the Sixth Principal Meridian; said strip of land being 100 feet • in width, extending to and limited by the property boundary lines, everywhere distant 50 feet on each side of the following described centerline: Beginning at a point on the north boundary line of said Section 17, said point being situated easterly 127 feet from the northwest corner of said Section 17; thence South 0°23' West, 5,324- feet to the point of ending on the south boundary line of said Section 17, said point being situated easterly 116 feet from the • southwest corner of said Section 17. • s t • w • 43 • la. • • • . E 60.24 1555881 2 2. The grant of easement herein contained shall include the perpetual right of ingress and egress over said premises to construct, operate and maintain said transmission line, together with the present and future right to clear said right-of-way or to trim trees to the extent deemed necessary by the contracting officer to protect the rights and privileges herein granted, and to keep the same clear of brush, timber, inflammable structures and fire hazards, provided that_ fire hazards shall not be interpreted to include growing crops. All brush, timber or inflammable structures removed pursuant to the terms hereof shall become the property of the United States and may be disposed of by sale, burning, or otherwise; Provided, That said rights shall only be exercised in such a manner that no fire hazard shall be created thereby. The vendor , his successors, or assigns shall have the right to cultivate, use and occupy said premises for any purposes III6 • which will not, by the determination of the contracting officer, con- stitute a hazard to life or limb, interfere with any of the rights and privileges herein granted to the United States, or endanger any • of its property, but said right of cultivation, use and occupancy shall not extend to or include the erection of any structure on, or the drilling of wells in, or permission to the public to use any part of said premises without advance written permission from the contracting officer. The United States shall exercise due care and diligence in the exercise of the rigilLs and privileges herein granted to it. In case of permanent abandonment of said transmission line, the easement herein granted shall end, cease, and determine and title shall revert to the i then owner and all structures owned by the United States, its successors or assigns, shall be removed. Upon permanent abandonment of the right- of-way by the United States, the vendor, his successors or assigns, • shall be given written notice of such abandonment. 3. The grant of easement herein contained is subject to all rights- of-way of any nature whatsoever of record or in use, and mineral rights outstanding in third parties of record or in use. • 4. It is a condition precedent to the payment to the vendor of the sum named herein that the title to the premises described herein shall be vested in the vendor, subject only to the interest of the United States hereunder and to the matters set out in Article 3 hereof and to such other defects, interest, or encumbrances as may be acceptable to the United States. 5. It is understood and agreed that if the United States determines that the interest described herein should be the subject of acquisition through judicial procedure, either to procure a safe title or for any other reason, then the compensation to be claimed by the vendor and • the award to be made for said interest in said proceeding shall be the consideration herein provided. , t t ,. . ' 6341555881 3 6. Vendor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial, agencies maintained by the vendor for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 7. As complete consideration for the above grant of easement, the United States agrees to pay vendor the sum of Seven Hundred and No/100 Dollars ($ 700.00 ), andthe vendor agrees that the United States may deduct $ None therefrom to purchase Internal Revenue Documentary Stamps to affix to this contract and grant of easement for and on behalf of the vendor. The United States also agrees if damage occurs to drainage tile, fences, crops, trees, vines, seedlings or other improvements within said right-of-way as a result of and during the construction, operation and maintenance of the transmission line, payment will be made by the United States to the owner or owners thereof on the basis of an appraisal approved by the Secretary of the Interior or his duly authorized representative. 8. , No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise neretrom but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first above written. THE ITED STATES OF AMER I. Regional Dire for egi on 7 Bureau of Recciama 'on Vendor AA9A ,�// Act/,e, Vendor Salome Steckel Vendor Vendor P.O. Address: 3465 Belcaro Drive Denver, Colorado 80209 i B K 634 " 1555881 ' - > .3 . ACKNOWLEDGMENT State of Colorado ) ,/� )ss. County of /u`K -a - ) On this 'H-4. day of Ocro /f ER , 1970, personally I appeared before me Salome Steckel to me known to be the individual, or individuals, described in and who executed the within and foregoing instrument, and acknowledged that • she signed the same as her free.and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •)' 4"",,,, ' '` Notary Public in and for the . ) .',';(:?- 1‘'........... r. State of - I •( AL) .,4- - " ' Residing at ' ::``\0LI ;. = My commission expires 1'J-s-e. . 2,2_, /f 7a UV' L1\ 1 fJ : . , . tl CF cot.° • • W 4t a 4 " o _ ,.".. S u t y U I __ V CO ' O o w V ie 0 �f, - ML C in _ 3 C V CJ 4% >, GPO 632476 C M in o r r y, C . . 4. i' ° !I E' . FQ, pO, a r ' ZZ0 o c. LO � 5 ti. 4 cQ. l Submit by Email Weld County Referral F i L c., -Yt t August 13, 2015 The Weld County Department of Planning Services has received the following item for review: Applicant: Floyd & Kala Cole Case Number: USR15-0046 Please Reply By: September 10, 2015 Planner: Kim Ogle Project:A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SOLID WASTE MANAGEMENT FACILITY), PROVIDED THAT THE PROPERTY IS NOTA 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 AND ONE (1) SINGLE- FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A(SECOND SINGLE FAMILY DWELLING UNIT) IN THE A(AGRICULTURAL) ZONE DISTRICT. Location:APPROXIMATELY 660 FEET SOUTH OF CR 106; EAST OF AND ADJACENT TO CR 27 Parcel Number: 045517200012-R4264206 Legal: S2 NW4 SECTION 17, T9 N, 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. 11 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. cetare4,Signature Date , /2./(Jr Agency G V I'� e 111 I 6P'Pl-e iNI..t.i'eta tut 6i-Pe i- Ihkut ljudu it-. Co0.-34Ac 'CVc 1. wr -0-4- t!..pp tit 4 o,a -f-La- 10rtepos.ed s4-e. A-tactAlta- woR c NS Sutel4- rttt-4k4 ,7 (55 JAI.S . Weld County Planning Dept 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Hello