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Home My WebLink About760018.tiff 03 785 ,} ? 71976 o'clock ---------'M------ Recorded at --:�.-------•�-- .174:7-053--- Mart Ann reuerstcin, Recorder Rec. No RESOLUTION WHEREAS, a public hearing was held on February 18, 1976, in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing a petition of National Oceanic & Atmospheric Administration & National Center for Atmospheric Research, Enviornmental Research Laboratories, Boulder, Colorado, requesting a change of zone from "A" Agricultural District to "S" Scientific District, Planned Unit Development, and r WHEREAS, the petitioner was present, being represented by Dr. C. Gordon Little, Director of the Administration and Laboratories, and WHEREAS, there was no opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request of petitioner and studied the recommendations of the Weld County Planning Com- mission as submitted, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com- missioners, that the petition of National Oceanic & Atmospheric Administration & National Center for Atmospheric Research, Enviornmental Research Labor- atories, Boulder, Colorado, for a change of zone from "A" Agricultural District to "S" Scientific District, Planned Unit Development, said area being more particularly described as follows: Commencing at the Southwest corner of Section 16, Township 1 North, Range 68 West, of the Sixth Principal Meridian; thence North along the West line of said Section, a distance of 30. 00 feet; thence East, parallel to the South line of said Section, a distance of 30. 00 feet to the Point of Beginning; thence North, parallel to the West line of said Section, a distance of 5203. 18 feet; thence right 89°36'50" , and parallel to the North line of the Northwest Quarter of said Section, a distance of 2624. 40 feet to a point on the North-South center- line of said Section; thence Left 0°0'13" and parallel to the North line of the Northeast Quarter of said Section, a distance of 995. 14 feet; thence right 90°39'56", a distance of 629. 88 feet; thence left 90°38'01", a distance of 332. 87 feet; thence left 89°28'19", a distance of 630. 05 feet, to a point 30. 00 feet South of the North line of the Northeast Quarter of said Section 16; thence right 89°26'24", and parallel to the North line of the Northeast Quarter of said Section 16, a distance of 331 . 71 feet; thence right 90°27'16" a distance of 630. 23 feet; thence left 90°25'21", a distance of 332. 87 feet; thence left 89°41 '00", a distance of 630. 41 feet to a point 30. 00 feet South of the North line of the Northeast Quarter of said Section 16; thence right 89°39'05" , and parallel to the North line of the Northeast Quarter of said Section 16, a distance of 331. 71 feet; thence right 90°14'36", a distance of 1291. 17 feet; thence left 90°10' 45", a distance of 304. 09 feet to a point on the East line of the Northeast Quarter of said Section 16; thence right 90°04'25", and parallel to the East line of the Northeast Quarter of said Section 16, a distance of 1321 . 50 feet to a point on the East- West centerline of said Section 16; thence right 0°05'42" and parallel to the East line of the Southeast Quarter of said Section 16, a distance of 2613. 12 feet; thence right 90°01 '08" and parallel J� t I 760018 j 785 17')7o51 to the South line of the Southeast Quarter of said Section 16, a distance of 2696. 26 feet to a point on the North-South center- line of said Section 16; thence right 0°0'06" and parallel to the South line of the Southwest Quarter of said Section 16, a distance of 2570. 38 feet to the Point of Beginning, containing 610. 8994 acres, more or less, and is hereby granted under the conditions following: 1 . That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the zoning regulations of Weld County, Colorado. 3. That said change of zone herein granted is conditional only for a period of twelve (12) months from date hereof, on condition that developer proceed with due diligence to begin development of the area rezoned and submit plans for such development for the approval of the Weld County Plan- ning Commission and subsequent recording of said plans in the office of the County Clerk and Recorder of Weld County, Colorado. Dated this 23rd day of February, A. D. , 1976, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO j i ITTEST:� <s� y -4 ' - W 1d,County Clerk and Recorder and'-Clerk to the Board ,' f By .Y a -14 _.„ *WC l di.? G.;rl Deputy County Clerk v APPR'OVD AS TQ FORM_ / c Special Legal Counsel -2- DEVELOPMENT STANDARDS 1 . The Joint Meteorological Observing Facility (JMOF) shall be a 620 acre field site owned by the Federal Government for the measurement of atmospheric science parameters, and the development, testing, demonstra- tion and calibration of new remote sensing instruments. 2. Permitted uses shall include: A. A 985' (300 m) guyed tower with meteorolocial instrumentation mounted at seven levels and lighted according to F.A.A. recommenda- tions. The tower will display continuously operating white strobe lights at three levels (X' , Y' and 7' ) on each side of the tower. An elevator and carriage will be within structural guideways, and instrument booms will project ten to twelve feet from the tower at six levels (A' , B' , C' , D' , E' , and F' ) . B. A 25,000 square foot research laboratory and office building to house 30 - 40 staff members of the National Center for Atmospheric Research. A site development plan shall be submitted for recommenda- tion by the Planning Commission and for approval by the Board of County Commissioners. Such plan shall include details of construc- tion specifications and location, traffic circulation and parking, utilities, fire protection, drainage, landscaping, etc. No development or construction shall commence until said 91an is approved by the Board and appropriate permits secured. C. Portable office - laboratory modules to be used prior to and during construction of the permanent NCAR building. Such modules shall meet all applicable standards of the Weld County Building Inspection Department, the Weld County Health Department, and the Dacono Fire Protection District. The modules shall he removed within 90 days of issuance of a Certificate of Occupancy for the NCAR structure. D. Instruments and measurement systems located on the ground and around the perimeter of the tower and mounted on vehicles; stabilized parking surfaces with tie downs and electrical connections for such vehicles . E. Weather balloon launchings and tethered balloons; occasional air- craft fly-bys for instrument calibration purposes. F. Dryland cultivation and pasture. G. Seeding of native, dryland grasses within a 1200 foot radius of the tower to obtain a uniform ground cover. H. An eight-foot high security fence surrounding the tower base to prevent unauthorized access to the tower. I . An unlighted, painted, wooden sign, six feet by four feet, installed adjacent to the access road off County Road 8 leading to the office- lab modules. Detailed plans for any other signs shall be submitted to the Planning Commission for recommendation and to the Board of County Commissioners for approval prior to erection. J. A stabilized parking area adjacent to the office-lab for approximately twelve vehicles. Additional parking area will he part of the site -development plan for the NCAR area. 3. Four or five persons will work daily at the JMCF until the NCAR structure is completed. Additional staff and guests will be on site intermittantly. 4. Building Permits shall he secured prior to construction, and all inspections required by the Building Inspection Department shall be called for. 5. Temporary and permanent structures shall have a minimum setback of 75 feet from any existing road right-of-way or from any proposed right-of-way in- cluded in the adopted Weld County Thoroughfare Plan. 6. Weed and dust control shall be practiced. 7. All county road access points shall be approved as to location and construction by the County Engineer. 8. Landscaping shall be designed and proposed as part of the NCAR site development plan in 26 above. �. Utilities shall be installed underground. A T ENDANCE R E C O h , Applicant : N0AC Time ; 2:00 P.M. Docket ;- Date : February 18, 1976 76-5 Request ;C0Z, A to S-UD NAMEi ADDRESS //e c C� G1 G�GrL •�C / /� it/OVAL/ - �/&vf= t<of:9 f/7/o/�r • e ,�,t; .ec 'C ,9� o/e,970,e/ J e(%l/C_Ccee 9( (204/,G-lo It C- G �2LJ tan /(/�� dJ F<J`e . y t. > ,Xle X' /-. 05 7 /7-v,: ✓°/et)"i9c7;/777/c/€17 /57,)8c>,e,97C,1- PoreaaMtaa. 6 �G ?��c� �%O.P�roci�J of Pursuant Colorado,ntt pub o • ° S the Office of the Bcard of ti 1 �,,, /n /{�//Q� ,s Sonars of Weld CdMry, 1 s 'J� de y (PUZ/] e Hospital Rob,Greeley.Colored°,YfiCC .tt— (/ time specified.Alf persona In any mann* 6 • Mate - intereatetl in the folk Ninp.proposed .tha t1 din Change of Zone are re tested to attend skits of 516 and may be heard. ° `1518 SE IT ALSO KNOWN that thlsteat and t ' .fifths " - at the maps so certified by the County Planning "f• �_!Mary do -following'la any manna Commission may beaaamined In the Office of Zone f^e' to attend of the Board of County Commissioners, . antl 1>el> requsatetl k attend 1516 Hospital Road,Greeley,Colorado. t, BE A(,SO. GWN that the text and -Docket No.76-5 ' yatp� y'Me CountyinmPlanning National Oceanic BoaNrdp aAay Ca mthe Oeire and Atmospheric -!137 NoepltN Greeley, Ckm Colorado. Administration and GraefeY,C^olofado. National Center for cSt No.76.5 -Atmospheric Research' N VO genic -Environmental Research Laboratories trout gn and ' Boulder,Colorado 80302 — Nptiontd Owner for Date:February 18,1978 AtmosphertcReeyrp,Time:2:00 P.M. Environmental Research ' Request:Change of Zone,A(Agricultural) Laboratories to-GUD(Scientific Unit Development) Boulder,Colorado 80302 _'Commencing atthe8outhwastcorner of Date:2.00 P.M.ary18,1878 —p :-2.00 P.M West.-Section of the Sixth Principal Incl al Mer 1 North, idie an; 'to&a Sci�aanngge ofZoOe'A ' cult al) p ( .renttfld Unit Development) thence NorthrtIongnce the line of said Section, a distance of 30.00 feet;thence Commencing ettheSoathweetoumer of East,parallel to the South line bf said Sec- AeCtion 16,Township 1 North,Range 88 Beginning; innce of 30.00 feet to the Point of — eat;of the Sixth Principal Meridian; thence North, parallel to the thence North along tha West One of said West line of said Section, a distance of Section,a distance of 30.00 feet;thence 5203.18 feet;thence right 89°38'50", and ;East dictaMahal to the South line of Sec- parallel to the North line of the Northwest lien.a ing the 0130.00let to tha Point of Quarter of said Section, a distance of 1Beginning f said North, parallel.k..the, 0 feet to a point on the North-South —Weat Imo of thence right a 6'50", o! centerline of said Section; thence Left 5203.18 feet;thence right 36'5 ",and 0°0'13"and parallel to the North!ingot the Ile to the North Ike of the Northwest Northeast Quarter of said Section,gale.- uarter of said Section,'a North-South of a distafnce.14 of f 629.88nteet;thence 516ei124'7 feet to a point on the North-South 90°38'01",a distance of 332.87 fast;thence —centerline' " cet axle titheSecti n; thence Left 1eft89°28'19",adistence of 630.05 feet;toe Ngrtheeet QuarrleratW al co NOrth lon g'the dio- point 30.00 feet South of the North line of ianceoefg85.14fat;gumceryght Wd9g,5e,,, the Northeast Quarter of said Section 16; ,a��tllstance.of 829.88 fat; thence left thence right 89°26'24",and_parallel to the 1*MI°36'01,.a distance of332:g7Teat;thence North line of the NortheastQuarter of said 89°28'f9",a distance of 630.05 feet toe -Section 18, a distance of 331.71 feet;, point 30.00 feet South of the North Ibis of thence right 90027-18",a distance of 630.23 this Northeast Quarter of said.Section 16; feet;thence left 90°25'21",a distance of thence right 89^28'24",end PparmQuarterallel the 332.87 feet; thence left 89°41'00", a dis- Noah line of(he Northeaat otof said tence of 630.41 feet to a point 30.00 feet 9ectlon 16, a kit ce of 331,71 feat; South of the North line of the NortheastQuarter of said thence right Soar t6'.adiat nncete3013; 89,39'05'and parallel to the n 16; thence Northh tineght of -3922187 feet; thehence 90025'21"eft 89'41'00", cde- the Northeast Quarter of said Section 16,a'distance tShte W 630.4♦ teat to a Point 30:00 feel 90°14'36"ta distance f 331.71 e of 12et; 91 17 nce right fp t1 ebth r fhsaid Section 1f the ncrtheast thence lee 90°10'45",a distance of 304.09 9 05',andparallel milt to th16 l orth t nghf feettoapointontheEastlineof the North- ',tMNortheeat QuterOf Said North lineal —bat Quarter of said Section 16; thence dlatance et 331.71 feet kthence right right 90°04'25",and parallel to the East line Bg°14'98", a distance of 1291.17 feet- -east the Northeast Quarter of said Section 16, thence let 90°10'45",a distancf pf 304.00 aditance of 1321.50 teat toe point on the feMtoa point on the East line otheNort - East-West centerline of said Section 16, east Quarter of said Section 18; thence thence right 0°05'42" end parallel to the ryyryryig0°8P25",and patella to the Eatllne _East line of the Southeast Quarter of said -',efete Northeast Quarttofsaid Section 18. -Section 16, a distance of 261312 feet; adisfencetl�A2,1.501eattoepoint on the thence right 9001'08"and parallel to the Wet centerline t.said ection 18; South tine of'the Southeast Quarter of said tee right 0°05'42"and parallel to.the S on theion distance th of 2696,26 feet to a S line of the Southceetuarter of said point South centerline of said option 16, a:iistance.gf 2613.12.fet, Section 16;thence right 0°0'06"and pareH -NIMCe rght 80W1'06 and parallel k Iel to the South line of the Southwest Quer- Bluth line of the Southeast Quarter of said ter of said Section 16,a distance of 2570.38. ,a distance of 2696.26 feet to e. feet to the Point of Beginning,containing point on the North-South centerline teak Section 18 610.8994 acres,more or less. Amnon 16;thence right 0°0.06^Srd parer- _ter Of saidl$dtebnceo2570.38 OME ION OF feat to the Point of Beginning,containing COUNTY COUNTY, ORADS gig gy scree;more or lees. WELD :S.LEE COLORADO 33Y:S.LEE SHEHEE,JR. COUNTY CLERK AND RECORDER THE BOARD OF AND CLERK TO THE BOARD COUNTY COMMISSIONERS --- BY:JEANNE LOU HEIMBUCK,DEPUTY - WELOCOUNIY,COLORADO BY:S.LEE SHEHEE,JR, Dated:January 14,1976 COUNTY CLERK AND RECORDER Published January 16.1976 and February 6, .sit ANDC QTHE BOARD 19]6 "!'` •ptlK,DEPUTY Published In the Greeley Journal. dlmuay 14 T� �a�ea 1 „rrlaarl'taarcl'February6, P bIS,ed in the Greeley Journal NOTICE Pursuant to the aoni-ng laws of the State of Colorado, a public thearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital -Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following aroposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Board of County Commissioners, 1516 Hospital -Road, Greeley, Colorado. Docket No. 76-5 National Oceanic and Atmospheric Administration end National Center for Atmospheric Research Date: February 18, 1976 Environmental Research Laboratories Boulder, Colorado 80302 Time: 2: 00 P.M. Request: Change of Zone, A (Agricultural) to S-UD (Scientific Unit Development) Approximately two and one--half miles -East of Erie, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE -SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK _'O "THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: January 14, 1976 Affidavit of Psjblictition STATE OF COLORADO, 1 Iss. County of Weld, 1 or ,•aatto8fsoMftg. aslaoe Ri-Qhardi. Tatman ..'“?:«.';". h I � •iiyn I, of A4'<•"° ^W1. « '7 S8'' said County of Weld, being duly sworn, say that 41 I am one of the publishers of fret. ga,I. i k Mtl and a$.11 ≥yht ,yr THE GREELEY JOURNAL 8x1 �{ slip that the same is a weekly newspaper of general cir- culation, ,448,8t p " ,, coiyn ted in the city of Greeley, in said n , 81s:901Uq ,.*]¢r;.§',. „t county and state, that the notice or advertisement, pub- ' •o. � of which the annexed is a true copy, has been pub- 4' - Qocaet No 764 t etltl Qptenl4, tWO lished in said weekly newspaper for 4..1ANibuaf Cents $„ cur"''"'" weeks; that the notice was published in C C Oil serla ? the regular and entire issue of every number of said 4 '" •irbmteengl '� newspaper during the period of time ofpublication e a n ' . of said notice, and in the newspaper proper and not Itler C oraflp . in a supplement thereof;that the first publication of Date: ebro 1e 1978 'it• - said notice was contained in the issue of said news- TUlwl.s w { eUnlit n°:A (',tall 1 6th Cemmenerieit the-Sotalialiterner of paper bearing date the day of 3 n 1¢Tpanshlp 3 Notlhclt* a!>'7AtlFga sfi detlw axtnv noip klan; January 76 1N(pprrtltlyy�ppmm�p ibe West i eeltl ,A.D. 19 and .dTe6nce'Of 30.00 once the last publication thereof in the issue of said F.1M perellettotheSbothan . Sec Don a distance of 3000 feet to. Int of Beginning; then4. North p the 6th West IMe ofsaaMidd�Sectron a ce of 520313 feet e thers•right 8 5g", end newspaper bearing date the day of parallel to the North line of ate,Natlhweet Quarter Of said Section,v Illelaece of F''ebI'U-a c centerline of said Section; Left 19 , that the said ;8011'13"and uarter tome North of the The Greeley Journal has been published continu- NorMeast Quarter of said Sgeeppy8�an,a die- ously and uninterruptedly during the--period of at tenntf995.14feet thence t; 1alPaa'56", least fifty-two r Consecutive containing weeks next pn dr to the 90 8tanee of 824.83(eetl es left first issue thereof conta ing said notice or :dver- 90°3B'01"�distance of 332.87 1ithenca' tisement above referred to; that said newspape has 1ef189°29'19"; dlstaneeoi8 IMt too point 30.00 fedt South of the thine of been admitted to the United ates mails as se•.nd- the Northeast-Quarter of sold n 16;: class matter under the pr isions of the A of thence right the N24",and ppiqnrygg to-the. March 3, 1879, or any a nom sot thereof,a•. that -- Section line of theistancast-Qu3lkrcf said said newspaper is a we y ne spaper d I Cualifietl �--- Section 16, a distance of 381„71 feet,'. for publishing leg I n• ices a d adver is w thence right 90°2718 re distanee'ol83023 i in the meaning a law rt a o ro /.J feet thence left feet to a 0 distance et //� L 1V/ 33287 feet; thence left 89°41 0 dis- tance of thence le30A1 i90°to 11' a 8000 feet South of the North line of th boast. _ :- Ouaa�Nser of aldliectbn 18 1 right' - th5NoftheT-a0Qparteroo the line a. rte of the er the Northeast Quarter oteaid /8h e- / / distance of 331171 feet;.th RI right - 477`' 90°14'36", e distance of 1 ,17 feel;. Subscribed and sworn to before me this teettonce ooeft edonthesgst Mae 04-01.Flit' feet tea cooled on the One nee right Oqa_ster , sak,gecpon lice. right 9tPBi'25",am parallel to tllne. day of -�' A.D. 19-7 of the ortheiet2150fe`Wo n18• -- a distance of 1321 50 feet to 0 gold on the th East-West right 0°else of pis n the My Commission Expires taaneeeof 0°0842 aft My commission expires -- East one 6 the-S Lance- �n. 26 1980 Section 18 a Stance-of 2 f}�et,- it thence right 90001108'1 end the -.N r� South line of the Southeast of said ✓ /y-Section 16,a distance of 2896 1 tfa a - U �,r -point on the NorM SouM ceqbesr q 10' Notary Pub Section 18;thence right 000'83i'i Crartelofsald:kithfineof the South an ter of saie'polo of stanceof .38 feet tome-Point of Beginning,remaining 810:8984 wires,more or less. OF COUNTY CO E ERS WELD COUNTY, DO ' L COUNTY CLERK AND DER AND CLERK TOT ARD BY:J€ANNE LOU HEIMBUC •DEPUTY Dated:JMuary 14,1978 ` "1' Published January 18 1976 and'aa5ruery6, 1978 Published in the Greeley Journal' Court Flling Stomp Pr-oct of Publication (General-One Publication) STATE OF COLORADO ( Paste -Advertisement Here COUNTY OF BOULDER Os. Dr..,.,1 , H Trent of lawful age, being -first duly sworn upon oath deposes and says: 1".191.Pn$6 Trm ar�r That __=he is-the _--- _ of The Boulder-Daily Camera and haspersonal knowledge of all the facts set forth in this affidavit and is -a nn competent person to certify that the facts stated herein ' The were `• s moss* C0MMIX** t ore accurate and ___he hereby c-ertifies: Ocelthe G 1. That The Boulder Daily Camera is a public fi ' t daily newspaper of general circulation as defined by chines item „ , , scientific unit ^ • law and is printed and published wholly in the City acres pergq �it.5'. of d3oulder, County of Boulder and State of Colorado. nn., al, meeting will 'a: 4, in the o9Mytr Yd'` ¢ t,r't�: 2. That The Boulder Daily Camera has been -ad- �tl ,Rt . .fc, mitted to the United States mails as second class Ow ' S•t ` � matter under the provisions of the Act of Congress of -41:131 hs .. March 3, 1-879, and amendments thereto. CtlmminiMwh;� : 2-4,,t.' Qefsbret Grit b.foret.ttc . 3. That The Boulder Doily Camera is a legal +oPfusflst " " . newspaper duly qualified to publish any and all legal miasionOENlce 4 Z ext. , Pub. Dec. 24, 975u in the Daily notices of advertisement which are-required to be pub- camera. lished in said City of Boulder and said County of Boulder or both. 4. That The Boulder Doily Camera is duly quali- oTl fied to publish the annexed_ - which is n full, -true and correct copy of the original therof, and thesame was published in The Boulder Doily -"L, .1, _De^ember Camera nn the _day of _ , 13 r Further nffiant oyeth not. ,,' 0 1 9 , /r v Subscribed and sworn to before me this _ ( �• day tf D e;mbc�r , A. D. 12_ . My co Witness myy hand and official s Notary blic�� i 1 0 1 fi Publication fee $ ,• /� >,�- ,» r / 1(' / 'c- . �. ^-1- tl MFY 'h Y %N ,q Y an 410. L y, w > y R xxLL�� j~ ri g 1 s 4:•c i -d r i! 141P2d x = tOI d •e. RECEIPT FOR CER' I •- v SEE. •o raitr:t' O m d m y B g4: 1PC OOZE m - N 5 m SENT TO 9'r^ Ca B M C' D N . 0 d NOAC 2 la to STREET AND N0. 5 e $_.o 8 yCj O # W V O 00 P.O. Box 3000 OO'< g ilia L04 F P.O., STATE AND ZIP CODE �. L) • r W A C D in M I` 1v v, W: Y 0 m 00 Rn AL VICES F QLl❑ ❑ ❑ z a a oi E i i it. m N RETURN 1. Shows to • 1�1 With de pi ei - a Y m^ b (V RECEIPT 2. Shows to w( .. SERVICES With de PS Form 3811, Ion. 1975 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL DELIVER TO ADDRESSEE ONLY 0 SPECIAL DELIVERY (extra fee rwgmear I ZPS Farm 3800 NO INSURANCE COVERAGE PROVIDED— (S.. other side) Apr, 1971 NOT FOR INTERNATIONAL MAIL a GPO 1942 O-460-749 G/ j--e -G-C..C .tf'C%Li' G�Zi �J�,C.{f L. ) C Cyr , ? i1 February 18, 1976 I hereby certify that pursuant to a notice dated January 14, 1976 , duly published January 16, 1976 and Febr- uary 6, 1976, in the Greeley Journal, a public hearing was hald on the request for a Change of Zone, A to S-UD, by National Oceanic and Atmospheric Administration and National Center for Environmental Research, at the time and place specified in said notice. A motion was made by Commissioner Moser and seconded by Commissioner Carlson to approve said request. Motion carried unanimously. CHAIRMAN t ` ,C �',,�r// BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST : . ! __.. ',., -`_"`" et- --- COUNTY CLERK AND RECORDER AND.,CLERK TO ppTHE BrA O / �-yy! uty County erk 'Tape #76-27 / / from the Office of Greeley, Colorado THE BOARD OF COUNTY JMMISSIONERS WELD COUNTY, COLORADO January 16 , 1976 Publisher : Please insert the enclosed notice in your issue the week of February 2 , 1976 one time only. Regarding payment, complete the enclosed voucher and forward it to us. When returning the voucher, please include an affidavit of publication so we may complete our files . Thank you for your cooperation. Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • BY : S . Lee Shehee, Jr . County Clerk and Recorder nd Clerk to the Board • By.� F irzn t/�J 'C, 1,G C,e / enlifv County Clerk RECEIPT FOR CERTIFIED MAIL-30(1 (plus postage) SENT TO POSTMARK Farmer & Miner OR DATE E STREET AND NO. Box 158 P.O., STATE AND ZIP CODE "'ice CO FrPd3erid-k, r0 80530 nv1 -. .� w.•+- .� 4,. OPTIONAL ERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date delivered . 156 N RECEIPT With delivery to addressee only 650 ?1, SERVICES ' R. Shows to whom,date and where delivered.. 350 ., With delivery to addressee_ only 850_ -' e DELIVER TO ADDRESSEE ONLY - 502 - •'• ^_"_---.-a+ •.onv3.Y:+^�np.rr;,p.,ay.,,.,,..y._ O - SPECIAL DELIVERY (extra fee required - — _> _.. Z PS Farm NO INSURANCE COVERAGE PROVIDED— .1dla33U r+aniaa SL6I 'Cif 'TUC w,o1 Sd -„, Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL (See other 0-143 a GPO;1993 O-480-943 A: W N - co r �m!r a s i z r2 fD SC hi to r. hj d rY/ _ e •_ -. �va lY '� Z QomQ4 fD F-' (D9 0 0 0 ,'' > - �� N o 3 \ ` r`` 0 I ° oiMorn ¢�' * g, n �' ) 4P Px iii .,,t:< Lr,.• r..te=a c m Y s rat.uw• t..) dv 'Y' il B C. $ C 9 a g, B '-.--.0„, ' ,5:$7.-----vTyo m �a'c < a m.C. y a '.�{• o w C o G v 'r° ici a O. z --G m n y a Or1 tAn Q 0 m .r air n. A .r B.:. R"`C a @ $ CO O I-i P. < .- < m 0 IF. lts 0 o, Ooo �, d 0. 0. o ne.`e m S w q i ,� * F, • 1\iP t z O o " y 'Re 6. 1'i y 1 c ' t TT6fzd� „lei `Z � o C 0a O+ W ` L q g cm M 7• w O1 CA p On s�WfpwiM � $ eN� W.3 i..."ik T to ` �k.+ '`T'‘,.._.-. .ikez�•`a a - - +.#4le r ,' L .n;:`.r ,d - .2+:m: n g lj NOTICE f Pursuant to the zoning laws of the State of Colorado, a public hearing will be held is the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 76-5 National Oceanic and Atmospheric Administration and ' National Center for Atmospheric Research Date: February 18, 1976 Environmental Research Laboratories Boulder, Colorado 80302 Time: 2 : 00 P .M. Request: Change of Zone, A (Agricultural) to S-UD (Scientific Unit Development) Commencing at the Southwest corner of Section 'l6, Township 1 North, Range 68 West, of the Sixth Principal Meridian; thence North along the West line of said Section, a distance of 30 . 00 feet; thence East, parallel to the South line of said Section, a distance of 30 . 00 feet to the Point of Beginning; thence North, parallel to the West line of said Section , a distance of 5203 : 18 feet; thence right 89°36 ' 50" , and parallel to the North line of the Northwest Quarter of said Section, a dis- - tance of 2624 . 40 feet to a point on the North-South center- line of said Section; thence Left 0°0 ' 13" and parallel to the North line of the Northeast Quarter of said Sec- tion, a distance of 995 . 14 feet; thence right 90°39 ' 56" , , a distance of 629 . 88 feet; thence left 90°38 ' 01" , a distance of 332 . 87 feet; thence left 89°28 ' 19" , a dis- tance of 630 . 05 feet, to a point 30 . 00 feet South of the North line of the Northeast Quarter of said Section 16; thence right 89°26 ' 24" , and parallel to the North line of the Northeast Quarter of said Section 16 , a distance of 331. 71 feet; thence right 90°27 ' 16" , a dis- tance of 630 . 23 feet; thence left 90°25 ' 21" , a distance of 332 . 87 feet; thence left 39°41 ' 00" , a distance of 630. 41 feet to a point 30 . 00 feet South of the North line of the Northeast Quarter of said Section 16; thence right 89°39 ' 05" , and parallel to the North line of the Northeast Quarter of said Section 16 , a distance of 331 . 71 feet; thence right 90°14 ' 36" , a distance of 1291 . 17 feet; thence left 90°10 ' 45" , a distance of 304 . 09 feet /Dc to a point on the East line of the Northeast Quarter of said Section 16; thence right 90° 04 ' 25" , and par- allel to the East line of the Northeast Quarter of said Section 16 , a distance of1321 . 50 feet to a point on the East-West centerline of said Section 16; thence right 0° 05 ' 42" and parallel to the East line of the Southeast Quarter of said Section 16, a distance of 2613 . 12 feet; thence right 90°01 ' 08" and parallel to the South line of the Southeast Quarter of said Section 16 , a distance of 2696 . 26 feet to a point on the North- South centerline of said Section 16; thence right 0°0 ' 06" and parallel to the South line of the Southwest Quartet of said Section 16 , a distance_,o€ TCF. Blfeet to the Point of Beginning, contai.ing 610 . 8994 acres, more or less . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : S . LEE SHEHEE , JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • BY: Jeanne Lou Heimbuck, Deputy Dated: January 14 , 1976 Published : January 16 , 1976 and February 6 , 1976 in the Greeley Journal conduct a stud" to evaluate th-e need for and feasibility of -accel /decel lanes at the FOF entrance on County Road 8 , If such lanes are necessary, NOAA/NCAR shall -nro4irle them ; 3 ) that any use of the Scientific - Unit Develonment other than those permitted in the Development Standards or any addition to the height of the tower (985 feet ) not be allowed until the S--'JD is sufficiently amended by change of zone procedure to allow such uses and/or additions ; and 4 ) that all requirements of the Dacono Area Fire Protection District be met . 7-269 : NOAA/NCAR Resolution January E , 1976 DATE: Jant' y 8 , 1976 TO : The Board of County Commissioi> >_r_s Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the 18th of February, 1976, 2 : 00 P.M. : • National Oceanic and Atmospheric Administration and National Center for Atmospheric Research, Change of Zone • • re OFFICE OF 'l*HE�CLERK /TO/THE BOARD •' ' '��'2r>>` '/.Y.Pio,z(;-i,';(� Peputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above : BOARD OF COUNTY CO:INISSIONERS WELD D COUNTY, COLORADO Z 1, BEFORE THE WELD COUNTY , COLORADO PlANNIN_G COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case N-c . Z-2 6S Date l8/76 National Oceanic and Atmospheric AdministratlDn and APPLICATION OF National Center for Atmospheric Research ADDRESS Environmental Research Laboratories , Boulder , CD B0302 Moved by C . Carlson that the following resolution be introsiuced for passage -by the Weld County Platning Commission : Be it Resolved by the Weld County Planning Commission that the S--UD � (aScientific covering the -following to r rezoning Un0tsteyct ) coverigultural nsdescribed property in Weld County , Colorado , t0-.wit : STATE OF COLORADOse COUNTY OF WELD see attached p I,ad with the Clerk of the Bo&d of County Commissioners JAN 1976 COUNTY CLE c m PiCOPIn �-_ Deputy be recommended (favorably ) (antamxatly4 to the Board of County Commissioners for the following reasons : The proposal complies with the overall intent of the Compre- hensive flan and does not conflict with the 1ant use policies of the Plan , The applicant has demonstrated that the tower and its suppiort FOF Cannot reasona-bly the 1-oc-ated in or adjacent to an existing municipality, That part of Erie Comprehensive Plat area that is contiguous to the proposed $tientifio.ljnit Development is classified "Open , " and the proposed JMOF will conflict with such a latd use designation , Conditions : ',)/ that the Srientifit-Unit Development be limited to the plans submitted and governed by the Development Standards proposed iiy staff and approved by NOAA/NCAR; 2 ) that the County Engineer Motion seconded by H. Ashley (continued , , . } Vote : For Passage H . Ashley Against Passage J . Graham J . Ben Nix Marge Yost Dean Severin C . Carlson The Ch-airman declared the Resolution a certified -copy be forwar-de-d with the file DT this ordered that istasetoth-e Board of County Commissioners for further proceedings . , \ • , • e ` • ' J 1 % w 4) 4) C 0 ,.. u v' a -0 0s � c a, 4- et g. v Z -0 o d rn o s� c v ..C D C a. y C 'D _O ., N 0.1 'O fl CO i "� V 0 �. ° •b _a O ♦. • ° N .� ca) WI a) 0 O 8 c c) Q .- d v,— u ..... .0. t O O ,.Rr... `O . C _ -0 -,. c. a `y '0 ZO ,) 'a — 4) �' $ v 'o 0 4) O N ,� 00 co C Z 0 ,.. ,+. N 0 ` a N ". O (`, c v 4) dZ 0vo N . ,� a aor: —° $ o ` `, _ u..c � 8 cba $ c � � ►o o cam., } c c 0 a ♦o♦0o .o ; - ♦. 4) 1 '0 C O 'V 0 d ` - ._ C r= ,_ ,,..- .. (N U ,� O di..• ♦. C O0 .0 O ..C 47 cr, a s 0 _. .- ) 4- p 0 .00 . ON Q) • �C O 0 ) . 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N 0.O- CERTIFICATION OF COPY Janna Morrper , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on January 6, 1476 , and recorded in Book No. y , Page No. , of the proceedings of said Planning Commission. Dated this 8tti. day of January , 19 75. 27, . 1.A-/- Reco ding Secretary, Weld County Planning Commission P, PC-Z-006 STAFF COMMENTS Z-269 While the Comprehensive Plan does not address itself directly to govern- mental research facilities such as the proposed Joint Meteorological Observing Facility (JMOF) of the National Oceanic and Atmospheric Admin- istration (NOAA, U.S. Department of Commerce) and the National Center for Atmospheric Research (NCAR, a private, non-profit corporation funded pri- marily by the National Science Foundation), some of the policies concerning industrial development are applicable. "Zoning for industrial use in areas outside the areas covered by the comprehensive plans of the existing municipalities shall be encouraged only for low employee concentration, agri- culturally related industries or other industries that can show they cannot reasonably be accommodated within the areas covered by the municipalities' comprehensive plans. " The NOAA/NCAR JMOF is not within a comprehensive plan area of an existing municipality. However, several of the agencies' site selection criteria and aspects of the proposal preclude a location within or adjacent to an existing municipality. For example, site selection criteria included that the site be large to buffer the 985 foot tower from surrounding land uses and vice-versa, that the site be relatively flat so that the surface be- neath the tower be uniform topographically, that the site be a sufficient distance from the Front Range so that the atmospheric effects of a location on the lee side of a major mountain chain be minimized yet be located so as not to interfere with any public airports and so as to be within reason- able travel time from Boulder and the NOAA facilities there, and that the site be preferably non-irrigated land so that irrigated cropland not be taken out of production. Because the above criteria established the desir- ability of a site in the Erie area, undermining and subsidence hazard be- came additional considerations. Those aspects of the proposed JMOF that are not conducive to a location in or near a municipality are as follows: 1 . The data collection to be done on site requires a large ground surface clear of structures and significant topographic features; and additionally, the height of the tower requires a buffer area for safety purposes. 2. The occasional aircraft flyby's associated with the JMOF can not be conducted in an urban or congested area. The 30 to 40 persons scheduled to occupy the NCAR Field Observing Facility (FOE) are a significant number for a single building, but represent a low employee concentration when the entire 611 acres of the JMOF is taken into consideration. NOAA/NCAR have stated that the FOF is primarily a tower- dependent lab and office complex to house data monitoring and processing equipment and to supply the JMOF researchers with on-site, support lab facilities. The JMOF has been conceived and is designed to combine the instrument for data collection and the reference for calibration (i .e. , the tower) with the necessary on-site, support services related to the experiments to be conducted and to the new remote sensing equipment to be developed. The second policy in the Comprehensive Plan regarding industrial develop- ment states that "highly productive, irrigated, agricultural lands shall not normally be rezoned for industrial use. " NOAA/NCAR have, in effect, used the above policy as one of several site selection criteria. The proposed 611 acre site is presently used for dryland cultivation and pas- ture. Only a small area will be taken out of cultivation to establish the open area under the tower when compared with the total acreage. The Comprehensive Plan states that the County's water resource shall be managed so that "in all land use decisions, the broad effect of transfers of water usage which may result from the proposals at hand shall be taken into account. " The NOAA/NCAR proposal involves only minimal use of water resources in that domestic water is needed for the FOF and will be sup- plied by a tap from the Left Hand Water Supply Company. Environmental impacts of the proposed JMOF have been detailed by NOAA/NCAR. As regards air space, a "Determination of No Hazard to Air Navigation" has been issued by the Federal Aviation Administration. The F.A.A. requires continuously operating strobe lights at three levels on the tower. Such strobe systems are designed to maximize warning to aircraft while minimizing the visual impact on the ground. The tower and FOF are proposed at locations that have been deemed free from undermining and subsidence hazard (see Amuedo and Ivey Study, 12-8-75, and the letter from Colorado Geologic Survey, 12- 26-75). However, the majority of remaining acreage is undermined and the proposed land uses of the Scientific-Unit Development are compatible with such a geologic constraint and, in fact, will keep such undermined areas open and clear of structures or other intensive uses. The proposed use should constitute no deterioration of water or air quality; domestic water will be supplied by a tap from the Left Hand Water Supply Company and the sewage disposal system shall meet all requirements of the Weld County Environmental Health Services. The Weld County Planning Commission staff has paid particular attention to the letter received on December 26, 1975, from the Boulder County Planning Department. The first concern of the Boulder County Planning Commission has been answered by the F. A. A. ' s "Determination of No Hazard to Air Navigation." The second concern regarding a "potential visual problem" has been addressed by the proposed lighting system which is designed to minimize visual impacts on the ground. The third concern has been answered by Elmer Reynolds, the Weld County Communication Director. The tower will not interfere with any existing regional or local communication facilities and could, in fact, potentially become a part of such facilities. The Planning Commission staff wishes to pose a question to the applicant at this point. Concerning the "Rationale for the JMOF" from C. Gordon Little and R. T. Frost, Wave Propagation Laboratory, to John W. Connally, NOAA Headquarters, dated September 22, 1975, the staff requests clari- fication of the second reason cited for a 500 meter tower in light of the fact that the requested zone change provides for only a 300 meter tower. Note that one concern of staff is the inability of the proposed site and tower location to accommodate a 500 meter tower failure. The Weld County Planning Commission staff recommends approval because the proposal complies with the overall intent of the Comprehensive Plan and • does not conflict with the land use policies of the Plan. The applicant has demonstrated that the tower and its support FOF cannot reasonably be located in or adjacent to an existing municipality. That part of the Erie Comprehensive Plan area that is contiguous to the proposed Scientific- Unit Development is classified "Open, " and the proposed JPIOF will not conflict with such a land use designation. Conditions : 1 . That the Scientific-Unit Development be limited to the plans submitted and governed by the Development Standards proposed by staff and approved by NOAA/NCAR. 2. That the County Engineer conduct a study to evaluate the need for and feasibility of accel/decel lanes at the FOF entrance on County Road 8. If such lanes are necessary, NOAH/NCAR shall provide them. 3. That any use of the Scientific-Unit Development other than those per- mitted in the Development Standards or any addition to the height of the tower (985 feet) not be allowed until the S-UD is sufficiently amended by change of zone proceudre to allow such uses and/or additions. ZONING APPLICATION Weld County Planning Depart/nu:.t Services Building, Greeley, Colo. z o PLANNING D,'i'h.i";<1'N;° USE CNiY: CASE AiL`uB':,a: PC HEARING DATE: S C: TWP RANGE: CC GEARING DATE: LAND CODE: ,... S: 1/4: KEY: SUP/DIV CODE: SUB: BLN: LOT: KEY: X_5'ER TO: -, REZONING FEE: i) ! r' i �" . . Date: V;"t'44 - ( APP. CHECKED BY: ; r//'I2) irate: ACC. NO. : 3) Date : LEGAL DESC. APPROVAL ;n I 4) Data : TO BE COMPLETED HY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQU1R ME.NTS: Print pr type only, except for necessary signatures. I (we) , the undersigned, hereby request r. hearing before the Weld County Planning Commission concerning proposed rezoning of the following described unincorporated area of Weld County: LEGAL DESCRIPTION: See part A 2 i of P. U. D. Plan for complete legal • description which may otherwise be identified as all of Section 16 TIN Roy:^; excluding those subtracts situated in the NE quarter identified as NE1, NEEA, .E3, NEB, NE 16, and NE 16A. (, , C / I it , 77 (If additional space is required, attach an additional sheet of this same size) ,STREET LOCATION:A caess to site ;Tanned i mile east of Count' R . ;r5 off of Ccui cy Rd 1rt� PRESENT ZONE Agricultur PROPOSED 'ZONE. Scientific P. S.D APPROX AREA: tf rt -PURPOSE: Atmorsaheric Scjance Research and Technology cev lonrr nt IS THIS AICA PLATTED: YES( ) NO (x ). IF PLATTED, NAME OF PLAT: SS THIS AREA TO BE PLATTED: YES ( ) NO (x ). IF ANSWER IS YES, HAS PLAT BEEN SUBMITTED: YES ( ) NO ( ). FEE OWNERS OF AREA PROPOSED FCR REZONING: NAME.:Roy H. and Beverly J. Carlson ADDRESS1164)': Oranr,Denvcr TEL: 452-7255 r':!T'" NAME:State of Colorado-State Land Board ADDBESS:1id45 Sherman St.Denver tn2sa: iir.2-5451 NAME: ADDRESS: TEA: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to • the best of my Imowlodge. COUNTY OF WELD ) '" STATE OF COLORADO ) / Signature : Owner or Authorized Agent Subscribed and sworn to before me this SEAL NOTARY PUBLIC My commission expires : r . v APPLICANT: / ( / _ REQUEST: / h /k / tiC Lli) TIME DATE INITIALS SPENT APPLICATION RECEIVED $Jib /VD FILING FEE RECORDING FEE Ci' uc.Gt- APPLICATION REVI WED 3 1 . /�� - 5 ' ') APPLICATIO INC011PLET /COMPLETE ,e-L tii 2/J // "Ct P. C. HEARING DATE 1--*---N; Sc, (C.1 -fUnc" F?]�CA X�� cI: t4 '( APPLICANT NOTIFIED /-'\,i.d4 , 12tte-) o, (4J-Lam REFERRALS LISTED J` /) - //( SENT TO EXECUTIVE SECRETARY /2_ t/ 7J /a FILE ASSEMBLED/REFERRALS MAILED ("4)e) P(//7 - Lf —Sy/Pr / PUBLICATION NOTICES /g//c G SENT TO DRAFTING DEPARTMENT 41c--16? 1 SIGN FOR P.C. MEETING PREPARED 11-7.2. M �/S 1Z1r SURROUNDING PROPERTY OWNERS 12_Z3 Z hi AIRPHOTO/VICINITY MAP 11-2A- ' ' 4 hr SENT TO COUNTY ATTORNEY to 1 I6 APPROVAL OF COUNTY ATTORNEY �- PUBLICATION BY: la, .ari - -1 / /, SIGN POSTED BY: i - Z.-( — 1S Posted: SURROUNDING PROPERTY OWNERS NOTIFIED BY: 12-2`1 -7J r -�.Cf C.%e t # � FIELD CHECK AND REPORT /`" REFERRALS: COMPLETE/INCOMPLETE COMMENTSIL': ; PRELIMINARY STAFF COMMENTS U / - STAFF CONFERENCE STAFF COMMENTS P.C. HEARING ACTION: / 7°2- P.C. RESOLUTION CASE SENT TO CLERK TO BOARD . ;;. SIGN POSTED -C.C. HEARING ACTION C.C. 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Rt . 1 , Box 1804 Suite 1620 Prudential Plaza Erie , Colorado 80515 1050 17th Street Denver , Colorado 30202 Leo Torrez Attn : E . E . Dodrill Rd . 10 , Rt . 1 Erie , Colorado 80516 Helene Reynolds , etal . Box 675 Richard Seith Longmont , Colorado 80501 Rt . 1 , Box 179 Erie , Colorado 80516 Daniel R . Horst Yeager Realty , Inc . Fred Hebb 3200 W . 72nd Avenue '.t . 1 , Box 178.A Westminister , CO 80030 Erie , Colorado 30516 Patricia S . Ackard Carl Neuber Ackard Land Company Rt . 1 , Box 178 729 E . 17th Avenue Erie , Colorado 80516 Denver , Colorado 80203 Wallace Carter Pearl Kirby 1196 S . Quebec Way 2926 15th Street Denver , Colorado 80231 Boulder , Colorado 80303 Dennis R . Murphy Farmers Res . & Irrigation Co . Rt . 1 , Box 176 Rt . 1 Eire , Colorado 895. 16 Erie , Colorado 80516 Greenacres Camp for Girls Earl Arneson & Boys , Inc . Rt . 1 3154 Columbine Street Erie , Colorado 80516 Denver , CO 39202 Public Service of Colorado? Edward Penmeyer Rt . 1 , Box 48 Erie Road Joint Venur / Ft . Lupton , CO 80621 Chicago Title 1225 W . 34th Avenue Dottie Redington Denver , Colorado 80200 2205 Dartmouth Avenue Boulder , CO 80303 Rov Carlson 11176 Pearl Street Rupert Padilla Denver , Colorado 80233 2.007 E . 15th Pl . Denver , CO 30233 Stephen Hamilton , Jr . Rt . 1 Donald Shultz / e'-T-°c Erie , Colorado 80516 995 S . Eaton Lakewood , Colorado 50215 Donald McGee 2091 Co . Rd . 10 Ralph Hall Erie , Colorado 30516 98 No . Turner #15 Fairbanks , Alaska 99791 Mailing List Continued ' Duane Eikenberg Rt . 1 . Erie , Colorado 30516 Wayne Flagerstone Rt . 1 , Box 177 Erie , Colorado 80516 Dennis Knox Rt . 1 , Box 13?A Erie , Colorado 30516 Robert D . Adams Rt . 1 Erie , Colorado 80516 Lloyd Johnson 3393 Co . Rd . #7 Erie , Colorado 80516 Marylyn Healer Richard Miller Rt . 1 Erie , Colorado 30516 Lewis Healer Russell Godwin Rt . 1 Erie , Colorado 80516 '17� � rn moR �lnDU(� . ,yam„a 4.,.... i �� -T13Glenn Billings , Chairman pate October 1, 1976 prnrd of County Crnmissioners _..'.,COLORADO From R. Russell Anson, Assistant County Attorney • " µ Subject: Requirement of Building Permits and Fees on a Federal Agency. "` QUESTION As I understand your question, it is," "Can the Weld County , Building Department require an agency of.the Federal Govern- . anent ;to a building permit and pay- the required fees?" -ew.gmasa.xe•,• 'o +n , ; ANSWER , ,;,. ,y There is no definitive law on this specific question. I .t4;- ' have been unable to find any specific statute-to cover the - v.-oar-matter,matter, and the case law is scant A r, .. t,.. r a xHearn. .. :. „,1/4„,,...„...,. .. w. „1/4-,,,..W ...-. o.:r w..y .., <ti. ttli�.+.„r w w....•.. ,e„+'A.'';' .wr K� VG��(rj�i��/y •'e YMYi W1pM a,.. - T - w. .—. ace . .A.. �n Y,r4'dAy .Y..gki4 M1:" » N -' n . •. �& '-. tea —:."../7."1, .u:r». .,u .,v >.. , u . aura ,."."'"'÷'. wMF t .. ..b">.heDISCUSSION ' LThe National-Ocean ic°'and Atmospheric 'Administration 'has w , L . ..--.14'4.7e,taken the position-that 'a building'permit and fee cannot ` ,w- �,. %„ : y '""' be required-of-'a'Federal-Governmental"Agency. -µIn-a` recent�-- a, ... ..�,' ,,,, w . „., . „. telephone conversation I'-had with N W:"'Stiewig" of :that-.4 ,---- t-. y,.• a office, rI was informed by Dili:::Stiewig',that he had-been " t 4 ,€ advised;pursuant to an opinion"by"theComptroller General, -. -. e that "an`agency ofeth Federal Government`.is not" liable for ' - ",,,, '7 rt '' .. ,..the payment of a building permit fee. "-`I ' asked Mr. Stiewig j" w; ' ..; ri_for a_, copy of that 'opinion, and I received a copy a few -------1/4 " daysa 'later The two 'separate-opinions"'involved were dated ,. „;'` .;1947 .and 1950 Nearly all `the .cases cited' in"that`opinion:.4.� ^.„" " ;were"dated:in the early -1940 ' s ^' Several'ofxthe cases in "�o-*Jr. ., svolved=the Federal''Lanham`Act 'for'• Emergency Constructioncot-too-7a`'P * ,U ,`Public Housing,` and the Act -expressly'� .-..: ,..0 P. ' where land'is acquired-under the',Act'by' contract or-other ^'"-5. :; �, z�.5 -; .. ,...a.,..„.., :" e*4, +" . tleSt z;, :04, ,.»wise,. no regard is to be, had for any -Federal,'_State-or : r' ..*--..,...- * Municipal law , ordinance rule or,,,regulation '. ;.0., ""` �.� ' a„.........Nu,* .�..•.. um Pap 4tta44.444;.:.ap a .rawµ..wnw+.,. wUme-'ro.w m ..ormr,u. - - . 4d "hilt" in attempting'`to- find;{some case-law 'specifically- covering ;, ... , ,.„ , �`".-the point of issuance' of building"permits, "I`was unable toM"` ...." - ,,, '� ''f' ind, anything substantial-:,:either"for 'or'against the°require. .A ,..„-k'ment that-a' Feder al-;agency;'obta in-a,building permit-and*pay „ . -,rd„, ;......m. thew r equired0.tee. -r'�,. •..." -,,....k.,-,,,,,,,,,,,-.00,0,0,- '."wdau.wp� s V to a tia14 .e 4} M ai... ..Fe >'.... •iy+l .m «yam '. ..: : »Ja m." :^ ` There-are- two cases .however, ^that I was-'able to find tha . } ., , seemed very` relevant."" The first case Public Housing.* 'z ^ t '�Administration v. Bristol Township 7,146'Fed.Sup ' 859 '' (E.D a ww„, - PA.:`1956). involved the-reconditioning :of�'a'Federal,HousiMng. "'C' ' -..:+.74,,,-44.'- .,wr project r ' erected under -the Lanham,Act -in„-October of;1940 4"` 01/4 ry :The Public' Housing-Administration contracted'with a"+rlocal w ,.. .a.. „......,.... ' .ry. ." 4.-,44-•4c-. electrical-contractor to provide -electrical'work on'_the° . ,.. ,,,,,:-.7:-.... ....,,,..‘,...0-0,,,, ........t.,1/4.0......-.,-, project. The electrical contractor failed -to -secure any h '� 4. astaearai.44.%.Ptii4,441`.40,44‘444,- ` 'r building-permits prior to'doingelectrical work under the '^.. ..."'.ry Y M °' ,'w" `.'�. '.0 contract.- The building---.4.--o, fficer,:,of. Bristol Township issued..,.,..,.*.,, lit'. `n,„ .a Tir'+'.. M.,...,, etr''�•.W w" 1"c ':t M,„-c.,90ww ^ir . w "4.°4.as"4dlw'uw ." ,, oro +s*'_....b�s�.ws�._ 4.j•—.�+a�` Y n 04,. t.. • `w..-wwa" - ,_fr ' %si+4- 'ww` `'44 „. y4 9$U. y' 00144,i1400'. '1.7,"°' . .-. ;... '.. .4_ .-.'. nrw» wu+.'•.r• +m+.+.a L d %. '^,Y :.w4.r "e.!.M+w..nuµwM�..✓ .N. - . yy+ v M'nsw .'.en ,„ 4 xA p'.a_,P .�' f .'..s'.'<"T• +Yfy'�-a --" OW*, n.- i .dsier- V -- !i }----.4 *- . M-,,,P`r6.0,.Rn4fWn..•,. "l+„'or - eM ...flt,.'?4'..' t .rd : ' wTt°+!.. •J' - yq M srt f 'NIMM ,t•••.• •�•i.AC.-,'.. - ,ry vc _.M++ i+.a-.+e'.n . :.a.P..�. .+i„.wJOM:.a Yeel� �. .i.S.'NrycN e.•.•.11.P,>•1,R < 'M� W Glenn Billings ' ' October 1, 1975 • b K - Page 2 5 x i >> yy w .:x x exn YM,.ary r ti a Sts ,; ,-1,y "ee-i`W} A.•' tiw �V�., •...5 x ? a ., •y Z4 .-7 •rye-"i"."4,""4",',:-. %w'r a''"-s t ,a stop work order to the-contractor. , The Public Housing-4,r,•,..- „r Administration brought this action to seek to enjoin �` ° . • t 4�"₹ ---;;;;;..$1" 11- L `- ^` Bristol Township from enforcing the stop work order. ` The z;r --- Federal District Court denied the injunction stating: �`.ii.' k .-The United States Supreme Court has con- .r � + y sistent1 held that Congress , in ;,enacting , pa a�� b' ,S � u F . legislation within 'its 'constitutional ::,:.4. „q ",`�`» r� ,s.4, q„ ,„;'authority, will not be deemed to have ' ` ..-014,.;;;“. .,.;, ;•,442..-..•,i.,•,444-44.- ":,intended to invalidate state or 'local rules YG h�Fr• 3 '4 �,` ` `."'" +"'.for'`protection of ' the:: public safety unless .,„,,,..„4„,4:4,„..1,.. d.I ,,a yt xn .'i, .•Q4-: x r . •t S{,p s purpose to do so is clearly tated. a • . , ,, K" a# Another case peKalb County, Georgia v..' Henry C.' Beck Co , �. :„ 44aw a;„w4, '382 Fed. 2d 92 ' (5th Circuit 1967) involved an action by a k Y 'y`. „ :Georgia County against a contractor engaged in construction ` -.. <4 ° ' it,:VPe' " 'of''a• governmental' hospital"4'for a building's permit` fee In q r� ` x1 igSQ x 'e r the lower court,"the"`.contractor made a motion for summary,r , qp,7. * . judgment s The -motion was granted but no"'reasons for=thea 4" 4-� ` ' " � .v granting of. .they:motionweregiven. -- Thea`.Court of 1•Appeals ,t'"� ��f a ri .indicated`that' summary'=judgments`'should--not have been`'" "" - ; ' i .`14"'--",•,.•`; n' " ,„., granted and --reversed and remanded the case to ,-the lower «;$»n ; * 4`•' ;court to receive additional facts. - The -Court.`of Appeals''4 f • r kf t � 4, stated that there was not sufficient' information made '''^' ,rte X `„,' , - available torthe court'' in order to balance the interest's.1"�J Gt v€,tr, and'policies 'of the Federal Government with those `of.`-the' '' 'r., ' , ;..40.:...7.-';',11 "'wx c1,. Y; ,local government:»,:"Also,no'",information 'was4 presented'in `"`fi °"� � �: -'"" 'A „ ^regard to --Federal. policy as'`to' bu.ildin „'standards',";nor' any r` F' „ g .. ^, •;:;.,i-744...1,„..."4:.informationgas •to what,` if anything; the:Icourt has done . „„ ayin the casek'except try to 'collect forxthe `treasur fmoney, a.�y4m M'i; '�t .iih r xk �4 "tea .. err-45 +. .r +'' int r..s {ny „,44.444.-:1....-e4 vw `"�, ...-1,44,%.In"'summary,, ,there' does' not seem to-be any,, definitive law on : ,,` F'• • - the `exact point ` as to whether"'"or not.a'.local governmental, ` w 4 �`r rbody can requ•ire a Federal. a enc 4to " ''' " '.s -. , W,., a, gµ Y pay' a buildin { 9 permit , « , r p '.44.44,411� �. fee.F} v a`F�� >«,yw rtt' M,wat : , :a t. y„ x ' %'"� „ Since there is no 'specific-iv-lay-on this a oint "t , �"", '' P ,the presump >a ? -, x ' . xtion couldfl-„;the':).' be made that'a building;permit and`fee is re h� ' '""` ,� § {'F, xt quired 5?If the Federal agency"'refuses 'to a t i <w p y "'the fee and �� +� .cam , , ', a constructions' is„'begun 'on.the'`'project, a' stop order could ' '�� . aii--.rbe ;given to tithe • contractor'-and the `contractor`-could be"'rede ,r , � " ��* re� , F qua.red to pay the„�£ee ' Section �' " , 301 (a) o the Buildin ; 4 states _44", 4'', �S T . ;-:-,-;,..,,,-4,..;„, "'� d.w 'r 4 Y .n Y-Z %u9 .el., " y,bficy.-•�-. � ;„FUK ��.y,•. .r'�2''i7?.v7e s ." a, a ».ku No 'person', firm or corporation shall- erect„.,, (;','14"-±•,,,,"- - "" >~� ' ` ' --.11...14•114 ",ti construct ':.without;first'-obtaining' a--sep ' .. » Mme`''. iszi i s arate 'building 'permit for each«such-buildings *� ,bi, k wt �,� ",.'+ *��„��,�,� orstruc�e!£rom thekBuildingFOfficial � M"a� •-t '�^, � �i.ter �' i q itsappears•that'+this section could require either., the 4 -Pic "" ab„,1 . .rx owner ,or lessee of ,the property or the contractor /to ' w r�� • f '1 obtain the .permit ip ,,t., , ."t ` >•• w�„ ,.T" vs �3 a � ,"" "Ag ,�y g•'.4,1,4,-.41-4 :- rY �' -.1.1-4,,,0,--.,..,.....- Z \ rN.r�. --Tot-, "in.'..x ,:.4.f0,.,-,:....-.. {/ "', ...�q FS " x ,42� ....� i l '�d, t vye d �5�pp yy ,q5•J tit Fry .�a.u'b ra .#rL. ' ` '� 1 a.+ ,.w,. 'he T •,•..•.wx•4lw 35....>ex/'c.i" ,..a.,.„„.. ':3 ♦ xe e w "w ..& •o-y'y,• T rx a kA» wv s Glenn Billings �' � d � e a ' , 4 z October , 1976 4 � +z ' '"pax, ' , n,. E agQ 3 • :y M`'*..s. , y.r'ly,x, �` tw7e YC �*, .: X, " 4 ^ .Y ,, x it Aric ft' n rX i+e ` #y ani w. �. .� � t £ nn'� rr d w. a .,i e . krs.91Y+NM+�ka� f kl s aw �� F-.a+"r ° 1 Z-LaniS- R. Russell Anson, Assistant County Attorney APPROVED:, 11"/ _ County Attorney RRA: cc cc : J. E. Jarvis P '^TIoNq DE" RTMENT OF TRANSPORTATION : • • o` t Cf� Ft._.:RAL AVIATION ADMINISTRATION IN REPLY REFER TO (,{s _ n -Rocky Mountain Region AERONAUT I CAL STUDY -4� Air Traffic Division ..i �'.,:,+- N0. 75-RM-128-OE -co htI r` Park Hill Station, P. 0. Box 7213 srg or Denver, Colorado 80207 - DETERMINATION OF NO HAZARD TO AIR NAVIGATION • CONSTRUCTION LOC6'!C ; U. S. Department of Commerce PLACE NAME % National Oceanic & Atmospheric Administration Erie, Colorado 325 Broadway N Boulder, CO 80302 LATITUDE LONGITUDE 40°02'54'[ 105°00'12" ate:*; DESCRIPTION HEIGHT I! , FEE') CONSTRUCT ION - o U,, 0 M S L ^� + neve PROPOSED Guyed Meteorological Tower 985' 6165' An aeronautical study of the proposed construction described above has been completed under the provisions of Part 77 of the Federal Aviation Regulations. Based on the study it is found that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. There- __ fore, pursuant to the authority delegated to me, it is hereby determined that the construction would not be a hazard to air navi- gation provided the following conditions are met: t'''>.<r" Conditions: 1. The structure is obstruction lighted day and night with high """ intensity white obstruction lights in accordance with FAA Obstruction Marking and Lighting Advisory Circular 70/7460-1D, Chapter 6. Supplemental notice of construction is required any time the project is abandoned (use the enclosed FAA form), or ( X ) At least 48 hours before the start of construction (use the enclosed FAA form). ( x ) Within five days after the construction reaches its greatest height (use the enclosed FAA form). U"" ( ) Not required. `'•`gry(. This determination expires on July 7, 19i 7 unless: f (a) extended, revised or terminated by the issuing office; Pisa (b) the construction is subject to the licensing authority of the Federal Communications Commission end an application for a construction permit is made to the F"CC on or before the above expiration date. In such case the determination expires on the date prescribed by the FCC for completion of construction,or on the date the FCC denies the application. FThis determination is subject to review if an interest d party files a petition on or before December 28, 1975 In the1...._,...ti,„F-7.,..i.,':.;::..::::event a petition for review is filed, it should he submitted iu triplicate to the Chief,Airspace Obstruction and Airports Branch,AT-240, Federal Aviation Administration, Washington, U.C. 20590, and contain a full statement of the basis upon.which it is Emade. This determination becomes final on January 7, 1976 unless a petition for review is timely filed, in which case the determination will not become final pending disposition of the,petition. Interested parties will be notified of the,grant of any review. _ it An account of the study findings, aeronautical objections, if any, registered with the FAA during the study, and the basis for the FAA's decision in this matter will be found on the following page(s). (`'. _� If the structure is subject to the licensing authority of the FCC, a copy of this determination will be sent to that Agency. 44 7—\','` r L. R. ROBISON thief, Air Traffic Division ' SIGNED TITLE Aurora, Colorado November 28, 1975 ISSUED IN ON FAA Form 7460.9 (4-71) Page 1 of Pages GPO 910.226 /,//} i°»' 1 :y.,:;.,,,,,;;;-,c , n'.e .+.a,,i ,.yam !"-:,,,,,..s.<, m u. rr h a,ttr 6 ,.. L2,+uk,F, , rtik of r tS,.t" 7.teV$ up . :. tt br, ,,K .yam rC;+Yi«✓ a'` x t wd .;�G'v , :c'.H;:.'.E+. .FCr r `wa . `Y 5'4-.4.-: ,d»... s,AleW'e rd". 'a ;R+ ;l-N5R9. ::4. :'„, -I • On June 20, 1975, the FAA circularized a Public Notice soliciting , - -- written comments in regard to the effect of a proposed 985' AGL/6165' AMSL tower, to be located near Erie, Colorado, on the safe and effi- t. r " cient use of airspace by aircraft. ': ' In response thereto, objections were received from the Aircraft Owners and Pilots Association (AOPA) and the Jefferson County Colorado Air- Tort Manager. Basically, the AOPA and the airport manager contended that the proposed structure would have an adverse effect on visual flight rule operations and pose a hazard for air navigation. The aeronautical study disclosed, as proposed, the meterological tower would exceed the obstruction standards of the Federal Aviation Regula- tions Part 77, as follows : Section 77.23(a) (1) by 485 feet, that height above 500 feet above ground level. (AGL) Section 77.23(a) (3) in that it would raise the minimum radar vectoring altitude (MVA) from 6700 feet to 7200 feet mean sea "at level (MSL) within a three nautical mile radius of the proposed 4.;: ; structure. Try She study also disclosed: 1. That raising the minimum radar vectoring altitude from 6,700 feet to 7,200 feet (MSL) within a three nautical mile radius of the proposed structure would have no substantial adverse effect on instrument flight rule w '... (IFR) operations at the Stapleton -International or � Jef- ferson County -airports. Aircraft are normally vectored ' -no lower than 7,000 feet MSL in she vicinity of the pro- -posed site. Therefore, a change in the minimum radar vectoring altitude within a three nautical mile radius of the structure can he accomplished -without having a substantial adverse effect on IFR aeronautical opera- tions. The proposed 985' AGL/6165' .MSL meterological tower • would not require an increase in any other instrument minimum flight altitude, minimum obstacle clearance altitude, altitudes associated with g Federal over-lying Y' airways or change any instrument approach procedures at Stapleton International or Jefferson County Air- ports. 4,, 42 ,. 2. The proposed structure would be 1-ocated approximately 1-1/2 statute miles west -of Interstate 25 and would'' '' `^ k ' ' 2 penetrate airspace occasionally used by pilots conduct— ing VFR flight beneath low ceiling condition:; using Interstate 25 as a visual navigational refcreacc between ,i: '+:S: Denver, Colorado and Cheyenne, Wyoming. The installation of high intensity white obstruction lights on the proposed structure would assure its conspicuity, thus en-abling pilots to observe and avoid the structure. IBased on the foregoing, the FAA has concluded that existing procedures can be modified to accomodate a 985' AGL/6165' ANSI structure with no k .. substantial adverse effect on the safe and efficient use cf airspace. x toet.cI _ �"M15n�ti {'< ° .r. l.'' y t",r; rye ^ '.;-^T .✓ -• rr ","y+,7�, 'F.."'µ� ix-✓ vi.fir. .i1 J�, L.J+ '•M•'r- 5. , �. Qto . A3 ._N U 1-RA' i:='0RTATI0N ,` ,ERAL AVIATION AOP1INISTRATION CM IN REPLY RErLR TO -«3 -+ AERONAUTICAL STUDY �� o NO. 75-RM-128-OE /H151Ro'\\ • AERONAUTICAL STUDY OF PROPOSED CONSTRUCTION OR ALTERATION CONSTRUCTION LOCATION US Department of Commerce PLACE NAME . National Oceanic & Atmospheric Administration Erie, Colorado 325 Broadway "' Boulder, Colorado 80302 LATITUDE LONGITUDE 40°02' 54" 105°00' 12" OESCRIPTION nEIGnT 1•x F.rTl CONSTRUCTION ABOVE 0,0UND ABOVE PROPOSED Guyed Meteorological Tower 985' 6163' A notice has been filed with the Federal Aviation Administration that the above described structure is proposed for construc- tion. As proposed the structure would exceed the standards of Subpart C of Part 77 of the Federal Aviation Regulations and would be identified as an obstruction to air navigation. Accordingly, the FAA is conducting an aeronautical study of the pro- posal to determine its effect upon the safe and efficient use of the navigable airspace by aircraft and on the operation of air navigation facilities. In the study,consideration will be given to all facts relevant to the effect of the proposal on existing and planned airspace use; air navigation facilities; airports; aircraft operations, procedures and minimum flight altitudes; and the air traffic control sys- tem. However,only those plans on file with the FAA,on the date the notice concerning the above described proposed construc- tion was received, will he considered. Interested persons are invited to participate in the aeronautical study by submitting comments to the FAA office issuing this notice. To be eligible for consideration, comments must he relevant to the effect the proposed construction would have on avi- ation, provide sufficient detail to permit a clear understanding, and be received on or before July 18, 1975. • Please refer to the aeronautical study number printed in the upper right hand corner of this notice. This notice may be reproduced and recirculated by any interested person. The proposed structure would exceed the obstruction standards of Part 77 of the Federal Aviation Regulations as follows: 1. Section 77.23(a) (1) thy -485 feet. (cont'd on page 2) scm GRAN K. HAGGBL0 TITLE thief, Operations, Procedures & Airspace Sr ISSUED IN Aurora, Colorado UN June 20, 1973 FAA Form-7460-8 (4-7n AIRPORT MANAGERS-PLEASE POST Gen s 10.227 _t. FAA AC 72-7130 2 The study also disclosed that the proposed tower would not require an increase in any established minimum instrument flight altitude or minimum instrument obstacle clearance altitude. (Please see enclosed map) . The sponsor has advised they plan to install High Intensity White Obstruction lights on the tower to preclude marking the structure with orange and white paint. Enclosure Map FAA Form 111Pd1-(3!1) _ ire Ji .`1,1. AR11 p O ✓ l��!.rVp \ Z �� ♦ THE ENCLOSED MATERIAL IS FROM ✓ -mat O4. o_ --/Atil/ JAI AA C 67�f=-1 A iR %,24p 4)%v,SloN �eC-Ky /Tl euNTS/n. DEPARTMENT OF TRANSPORTATION FEDE /J_ AVIATION ADMINISTRATION -Irrx1.� .30.3—,13 - 39' 3 y„� •s, iy1SL • ( .,",., ..•O�I!ral ,U�'r1 i2lla 'll.l _Lf.ie-I !t. c ../..M •, .... �•1 •--1-` "EA.K • U. 0 . . -f .\-..'" --.7.- s� �` e i vl ICHI • '1.'t‘'• Sunset rodelb. - : ` ) ,.-' 1AL tPvil♦s. .. .. + finnys`ido, 1-0 _S . c.. Yette 05_,'120; �0 $9J ��.. i. Q LULUD ��r\1' ��_. ..49-9---1(9,.t-,. :rlgt• // f., K,��tr +a�,x --"•;:......:;- - . e 4r—`�. ..76:96,. ' 4.icuisviti.1( j .t;, .�' ._--� �•`. 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Acad'e o v 4 Back Forest i. .. •I• , '�J':i 1 , I I -7-�y .7' m 1•-�_ I 1 I I . •' 1 I .��~" Lake Georr9e637-L' 1Woo-JIand 94bo S.AP.;ACAD£,_ /s:jt i l `• �, ILA"' 10864• \. 3 I RAIyCH(f'vtl "I • .Park c ti CT-126 N' CZ en SR to 4 1 \ „e,, /i ° "4S-.. ,t • min after SS. • O 7260_ f 1P<'r /. S � 6572- 35 i Mf.AUt W Atl II r, � Florissant ` -''''l ystola 1 hsl•Ill,l 1 P p jr........./. 688 tQ 0, ��,. <. S poi .` pivideb� 1 �' . 9727•. �.� k ....di ed trtv9 ET_ ,vo ` �,` •Green tAnu! 1•n Fa:lsO\ • W60ddlen; �` '-OLIDE8 PORT �i•...;' 1 r' �,cchipita Park c805 s 7180 Stt / /( h 1•uh.tr -_- PRESENTATION BY C. G. LITTLE TO WELD COUNTY PLANNING COMMISSION TUESDAY, JANUARY 6, 1976 I AM HAPPY TO HAVE THIS OPPORTUNITY OF SPEAKING IN SUPPORT OF OUR REQUEST FOR THE REZONING OF APPROXIMATELY 611 ACRES OF LAND, LOCATED SOME 2 MILES EAST OF ERIE, FROM AGRICULTURE TO SCIENTIFIC PLANNED UNIT DEVELOPMENT. IN MY BRIEF PRESENTATION THIS AFTERNOON I WANT TO COVER SIX TOPICS. I WILL 1. INDICATE WHO THE APPLICANT AGENCIES ARE, 2. INDICATE WHY WE SELECTED THIS PARTICULAR SITE IN WELD COUNTY, 3. IDENTIFY THE NATURE OF THE FACILITIES AND USES WE PROPOSE FOR THE SITE, 4 . INDICATE THE CONTACTS WE HAVE MADE WITH LOCAL INDIVIDUALS, ORGANIZATIONS AND AUTHORITIES TO CONFIRM THAT WE WILL BE CREATING MINIMUM ADVERSE IMPACT ON THE NEIGHBORHOOD, 5. IDENTIFY THE PROS AND CONS OF THIS PROPOSAL, ESPECIALLY FROM THE POINT OF VIEW OF LOCAL INHABITANTS, AND WELD COUNTY, 6. REQUEST YOUR APPROVAL AND SUPPORT FOR THE PROPOSED REZONING. FIRST OF ALL, TWO APPLICANTS JOIN IN THIS REQUEST: THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, (NOAA) OF THE U. S . DEPARTMENT OF COMMERCE, AND THE NATIONAL CENTER FOR ATMOSPHERIC RESEARCH (NCAR) . NOAA IS THE CIVILIAN AGENCY OF THE U. S. GOVERNMENT CONCERNED WITH THE ATMOSPHERE AND THE OCEANS; AS SUCH IT INCLUDES THE NATIONAL WEATHER SERVICE, WHICH PROVIDES OUR DAILY WEATHER FORECASTS . NOAA HAS PLACED ITS RESEARCH ARM, THE ENVIRONMENTAL RESEARCH LABORATORIES, IN BOULDER; I HEAD ONE OF THE FOUR ERL ATMO- SPHERIC RESEARCH LABORATORIES LOCATED THERE. NCAR IS THE NATIONAL FOCAL POINT FOR ATMOSPHERIC RESEARCH IN THE UNIVERSITIES OF THE COUNTRY. IT IS A RESEARCH CENTER, FUNDED BY THE NATIONAL SCIENCE FOUNDATION ON FUNDS PROVIDFD BY THE U. S. CONGRESS, AND IS OPERATED BY THE NCAR STAFF ON BEHALF OF SOME 45 UNIVERSITIES ACROSS THE COUNTRY. THUS WE SEE THAT THIS AREA OF COLORADO PROVIDES THE HEADQUARTERS FOR MOST OF THE U. S . GOVERNMENT ' S RESEARCH ON THE ATMOSPHERE, AND ALSO SERVES AS FOCAL POINT FOR MUCH OF THE UNIVERSITY RESEARCH ON THE ATMOSPHERE. AS SUCH, WE,AS COLORADOANS, SHOULD FEEL PROUD OF THE DOMINANT ROLE NORTHEASTERN COLORADO PLAYS IN ATMOSPHERIC RESEARCH ACROSS THE COUNTRY. THERE IS NO EQUIVALENT CON- CENTRATION OF ATMOSPHERIC RESEARCH ANYWHERE ELSE IN THE U. S. , OR EVEN IN THE WORLD. 2 WHY DID WE SELECT THIS SITE IN WELD COUNTY? THE CRITICAL PROBLEM IN BOTH ATMOSPHERIC RESEARCH, AND IN ATMOSPHERIC SERVICES, IS HOW TO OBTAIN THE RIGHT SET OF ATMOSPHERIC OBSERVATIONS. THE -RESEARCH WE PERFORM, THE FORECASTS WE MAKE, CAN ONLY BE AS GOOD AS THE OBSERVATIONS ON WHICH THEY ARE BASED. WITH THE RIGHT SET OF OBSERVATIONS, RESEARCH CAN MAKE RAPID PROGRESS , AND FORECASTS CAN BE AC- CURATE AND TIMELY. WITHOUT THE RIGHT DATA SET, OUR RESEARCH IS -HAMSTRUNG, AND OUR SERVICES INADEQUATE . THEREFORE, FOR SEVERAL YEARS, NOAA AND NCAR HAVE DEVOTED CONSIDERABLE EFFORTS TO DEVELOPING NEW AND MUCH MORE EFFICIENT METHODS OF OBSERVING THE ATMOSPHERE. TYPICALLY, THESE METHODS INVOLVE THE USE OF RADIO, OPTICAL OR ACOUSTIC WAVES TO MEASURE THE ATMOSPHERE AT A DISTANCE -- THE SO-CALLED REMOTE SENSING METHODS. EXAMPLES INCLUDE THIS NEW ULTRA SENSITIVE RADAR (FIGURE 1) WHICH CAN MEASURE THE WIND SPEED USING ECHOES FROM CLEAR AIR, OR THIS (FIGURE 2) OPTICAL RADAR WHICH CAN MEASURE THE PARAMETERS OF CLOUDS, OR THIS ACOUSTIC ECHOSOUNDING SYSTEM, (FIGURE 3) WHICH IS BEING DEVELOPED TO MEASURE WIND SHEAR AT AIRPORTS, SUCH AS THAT WHICH CAUSED THE CONTINENTAL AIRLINE CRASH IN DENVER A FEW MONTHS AGO, OR THE EVEN MORE DISASTROUS EASTERN AIRLINES CRASH AT KENNEDY AIRPORT IN NEW YORK IN WHICH 114 PERSONS WERE KILLED. 3 II ll'il r� RECENTLY, WE IN NOAA AND NCAR HAVE COME TO THE REALIZATION THAT THIS INSTRUMENTATION DEVELOPMENT WORK CAN BE DONE MUCH MORE EFFICIENTLY, ECONOMICALLY AND RAPIDLY IF WE JOIN OUR RESOURCES TOGETHER AND CREATE THE PROPOSED NEW JOINT METEOROLOGICAL OBSERVING FACILITY NEAR ERIE. THIS JOINTLY CREATED AND OPERATED FACILITY WILL BE USED PRIMARILY FOR THE TESTING, EVALUATION, CALIBRATION AND DEMON- STRATION OF THE NEW MEASUREMENT SYSTEMS BEING BUILT BY NOAA AND NCAR. SECONDLY, IT WILL BE USED AS A UNIQUELY INSTRUMENTED CUBIC KILOMETER OF THE ATMOSPHERE FOR THE CONDUCT OF NEW RESEARCH STUDIES OF ATMOSPHERIC PROCESSES SUCH AS CONVECTION, CLOUD FORMATION, PRECIPITATION, EVAPORATION, THE CREATION AND DISSIPATION OF TURBULENCE AND LOW LEVEL WIND SHEAR, THE TRANSPORT AND DIFFUSION OF POLLUTANTS , ETC. THE CRITERIA USED IN IDENTIFYING THIS PARTICULAR SITE ARE, OF COURSE, MANY. THE MAIN ONES WERE: A. ACCESSIBILITY OF THE SITE, ON A DAILY BASIS, TO THE MAIN ERL AND NCAR BUILDINGS. B. APPROXIMATELY ONE SQUARE MILE OF RELATIVELY FLAT, UNDEVELOPED LAND, AVAILABLE FOR LEASE OR PURCHASE, SUFFICIENTLY REMOTE FROM AIRPORTS THAT A 300 M (EVENTUALLY PERHAPS A 500 M) HIGH METEOROLOGICAL TOWER ESSENTIAL TO THE FACILITY COULD BE ERECTED THERE. 4 C. AREA SHOULD BE SUFFICIENTLY REMOTE FROM THE MOUNTAINS TO REDUCE CHINOOK WIND EFFECTS UPON THE INSTRUMENTATION, BUT CLOSE ENOUGH TO PERMIT STUDY OF MOUNTAIN LEE WAVE EFFECTS. D. MINIMUM ADVERSE IMPACT ON OTHER USES OF THE LAND OR AIRSPACE ABOVE IT, E.G. , ON AGRICULTURE , MINING, HOUSING DEVELOPMENT, AVIATION, ETC. WE HAVE SPENT APPROXIMATELY TWO YEARS AND $100 , 000 ON THE SEARCH FOR AN OPTIMUM SITE MEETING THESE AND OTHER RE- QUIREMENTS, AND BELIEVE THAT THE SITE WE HAVE SELECTED DOES, IN FACT, SUCCESSFULLY MEET THESE CRITERIA. THE NEXT FIGURE (FIGURE 4) SHOWS 15 SITES WHICH WE IDENTIFIED FROM A PRELIMINARY STUDY OF MAPS AND BY FLYING OVER THE TERRAIN. THE THREE SITES EAST OF U. S. 85 WERE RAPIDLY ELIMINATED AS TOO FAR FROM OUR BOULDER HEADQUARTERS , AND ATTENTION WAS FOCUSSED ON THE SITES IN THE GENERAL LINE LAFAYETTE TO FREDERICK. THE NEXT FIGURE (FIGURE 5) SHOWS THAT THIS AREA OVERLIES THE BOULDER-WELD COUNTY COAL FIELD -- WHICH MIGHT MEAN MAJOR PROBLEMS WITH POSSIBLE SUBSIDENCE. CLOSE EXAMINATION OF MINING MAPS FOR THE PREFERRED AREA EAST OF ERIE SHOWED MUCH MINING ACTIVITY, WITH A SIGNIFICANT UNMINED STRIP OF LAND, SOME 1500 TO 2000 FT. WIDE, RUNNING THROUGH IT (FIGURE 6) . 5 CONSULTATION WITH GEOLOGISTS INDICATED THAT THIS WAS A GEOLOGIC FEATURE WHICH MIGHT PERMIT SAFE ERECTION OF THE TOWER. AFTER CAREFUL CONSIDERATION OF ALL ALTERNATIVES, IT WAS DECIDED THAT THIS SITE OFFERED SO MANY POTENTIAL AD- VANTAGES THAT WE SHOULD EXPLORE IT FURTHER, AND THIS PAST SUMMER TEST DRILLINGS TO DEPTHS OF AS MUCH AS 358 FT WERE MADE. THESE HAVE CONFIRMED EARLIER PREDICTIONS THAT THE SITE WOULD BE SUITABLE FOR THE TOWER -- AS SHOWN IN FIGURE 7, WHICH SHOWS THE PROPOSED LOCATION OF THE TOWER AND OUT- LYING GUY ANCHOR POINTS , AND FIGURE 8 , WHICH SHOWS THE UNDERLYING GEOLOGY REVEALED BY OUR TEST BORES. THIS STUDY HAS SHOWN THEN THAT WE HAVE SUCCESSFULLY LOCATED APPROXIMATELY ONE SQUARE MILE OF LEVEL LAND, LOCATED WITHIN 17 MILES OF THE ERL HQ BUILDING IN BOULDER, AND APPROXIMATELY 12 MILES FROM THE BOULDER, LONGMONT AND JEFFERSON COUNTY AIRPORTS AND 20 MILES FROM STAPLETON. IN EFFECT, THIS LAND IS A UNIQUE GEOLOGICAL ISLAND, SURROUNDED BY MANY SQUARE MILES OF COAL MINES, THAT IS, BY AN AREA WHICH IS UNLIKELY TO UNDERGO RAPID DEVELOPMENT FOR HOUSING OR INDUSTRY. FIGURE 9 AND FIGURE 10 ARE PHOTOGRAPHS OF THE SITE FROM THE AIR AND THE GROUND, RESPECTIVELY. AS I HAVE INDICATED, THE PRIMARY USE OF THE SITE WILL BE AS A WELL-INSTRUMENTED SITE FOR THE TESTING AND EVALUATION OF THE NEW REMOTE SENSING INSTRUMENTATION SO IMPORTANT TO THE FUTURE OF ATMOSPHERIC RESEARCH AND SERVICES IN THE U.S. THE 6 KEY FACILITY AT THE SITE WILL BE THE 300 M (985 FT. ) HIGH METEOROLOGICAL TOWER WHICH WILL CARRY INSTRUMENTS AGAINST WHICH WE CAN CHECK THE PERFORMANCE OF OUR REMOTE SENSING SYSTEMS. FIGURES 11 AND 12 ARE PHOTOGRAPHS OF SUCH A TOWER, FROM THE AIR AND FROM THE GROUND. THE SECOND USE OF THIS UNIQUE FACILITY, AND ITS REMOTE SENSING INSTRUMENTATION, WILL BE AS A UNIQUE SITE FOR STUDIES OF LOWER ATMOSPHERE PROCESSES, INCLUDING EVAPORATION, PRE- CIPITATION, TURBULENCE, POLLUTION, ETC. THE THIRD MAIN USE WILL BE AS THE HQ FOR NCAR' S FIELD OBSERVING FACILITY. NCAR PLANS TO BUILD A 25 , 000 SQUARE FOOT IRESEARCH LABORATORY BUILDING ON THE SITE, WHICH WILL BE SHARED BY NOAA STAFF. IN THIS WAY WE EXPECT RAPID INTER- CHANGE OF IDEAS AND CAPABILITIES, AND MAJOR STRENGTHENING OF THE COMMUNICATIONS BETWEEN ERL, NCAR AND THE UNIVERSITIES , -WITH VERY MAJOR BENEFITS TO ALL CONCERNED, INCLUDING THE U. S. TAXPAYER. THE FOURTH USE, WHICH ERL IS JUST BEGINNING TO PLAN, IS AS THE LOCATION FOR A MAJOR NEW RESEARCH PROGRAM AIMED AT DEVELOPMENT OF NEW CAPABILITIES FOR IMPROVED FORECASTS OF LOCAL WEATHER. INITIALLY THESE WILL BE JUST FOR THE AREA ADJACENT TO THE SITE: AS RAPIDLY AS POSSIBLE WE HOPE TO -EXPAND THE RESEARCH TO COVER NEW METHODS OF FORECASTING OF 7 WEATHER FOR THE DENVER REGION, OUT TO -PERHAPS 5D DR 60 MILES FROM DENVER. A FINAL USE, WHICH IS JUST BEGINNING TO BE SUGGESTED, IS AS A CENTRAL LOCATION FOR THE STUDY OF THE PROPAGATION OF LIGHT WAVES THROUGH A WELL-INSTRUMENTED ATMO- SPHERE, FOR COMMUNICATION AND OTHER PURPOSES. SO YOU SEE THAT IT IS PLANNED THAT THIS SITE WILL BE THE FOCAL POINT OF MUCH OF THE ATMOSPHERIC RESEARCH AND DEVELOPMENT OF THE COUNTRY. IT IS ALSO DESIGNED TO FACILITATE COMMUNICATIONS AND RAPID TRANSFER OF =DEAS AND TECHNOLOGY BETWEEN NOAA, NCAR, AND THE UNIVERSITIES . ITS CREATION WILL HELP AVOID UNNECESSARY DUPLICATION OF FACILITIES OR PROGRAMS BY NOAA AND NCAR, AND WILL MARKEDLY INCREASE THE EFFICIENCY OF USE OF NOAA AND NCAR RESOURCES . CONTACTS WITH OTHER INTERESTED PARTIES WE HAVE MADE A MAJOR EFFORT TO INFORM THE PUBLIC, AND POTENTIALLY INTERESTED INDIVIDUALS AND ORGANIZATIONS, OF OUR PLANS. OUR EFFORTS IN THIS AREA ARE SUMMARIZED IN TABLES 1 THROUGH 5, WHICH SHOW RESPECTIVELY THE CONTACTS WE HAVE MADE WITH PUBLIC MEDIA, PRIVATE PERSONS, ENVIRONMENTAL AND SPECIAL INTEREST GROUPS, PUBLIC OFFICIALS, AND PUBLIC MEETINGS AND HEARINGS. OUR CONTACTS WITH THESE INDIVIDUALS AND GROUPS HAVE, IN ALMOST EVERY CASE, BEEN FAVORABLE, WITH 'THE PARTIES CONCERNED EXPRESSING APPRECIATION OF THE EFFORTS WE HAVE MADE TO CONTACT THEM, AND A NEUTRAL OR FAVORABLE ATTITUDE TO THE PROJECT. IN ONE SIGNIFICANT CASE WHERE LOCAL LANDOWNERS LODGED A REQUEST THAT WE MODIFY OUR PLANS TO MOVE THE PROPOSED LOCATION OF THE NCAR BUILDING FURTHER FROM THEIR PROPERTY, WE WERE HAPPY TO BE ABLE TO RESPOND FAVORABLY TO THEIR REQUEST. PROS AND CONS I HAVE INDICATED SOME OF THE USES AND BENEFITS WE EXPECT TO DERIVE FROM USE OF THE SITE. WHAT ARE THE PRINCIPAL NEGATIVE ASPECTS OF THE PROPOSAL? 1. AVIATION WE HAVE, OF COURSE, BEEN VERY MUCH AWARE OF THE POSSIBLE ADVERSE IMPACT OF THE HIGH TOWER ON AVIATION, ESPECIALLY AS A POSSIBLE HAZARD TO SMALL AIRCRAFT. WE HAVE SOUGHT TO MINIMIZE THIS BY THE LOCATION OF THE SITE AS FAR AS PRACTICABLE FROM LOCAL AIRPORTS (ESPECIALLY STAPLETON) AND BY PRO- VIDING THE LATEST TYPES OF LIGHTING ON THE TOWER. THE FAA _HAS RULED THAT THE TOWER DOES NOT REPRESENT A HAZARD SO AIR NAVIGATION. IT IS IMPORTANT TO NOTE THAT THE AIRCRAFT OWNERS AND PILOTS ASSOCIATION, A VERY ACTIVE ORGANIZATION VIGOROUSLY REPRESENTING THE INTERESTS OF SOME 90 , 000 PILOTS AND OWNERS ACROSS THE COUNTRY, LODGED AN INITIAL PROTEST, BUT 9 ON LEARNING OF THE PROPOSED USES OF THE SITE, INCLUDING ESPECIALLY THOSE IN SUPPORT OF AVIATION SAFETY, HAS WITHDRAWN THEIR OBJECTION. I WILL -BE GLAD TO COMMENT FURTHER ON -THIS IF YOU WISH, TUT LET ME POINT OUT THAT AT YOUR LAST MEETING, AN EX-AIRLINE PILOT, AND MEMBER OF THE JIRPARK GROUP TO BE LOCATED APPROXIMATELY 1; - 2 MILES FROM THE TOWER, STATED THAT -THESE TWO ADJACENT USES OF THE AIRSPACE WERE INDEED FULLY COMPATIBLE. 2. LIGHTING THE FAA REQUIRES THAT WE INSTALL -THE NEW HIGH INTENSITY WHITE LIGHTS ON THE TOWER. THESE WILL BE VISIBLE FOR _MANY MILES AT NIGHT, BUT RECENT DFVELOP- MENTS OF LAMPS WITH LOUVERS TO LIMIT THE AMOUNT OF LIGHT WHICH IS DIRECTED DOWNWARDS GREATLY REDUCES THEIR BRIGHTNESS AS VIEWED FROM THE GROUND. THE LATEST INFORMATION WE HAVE IS FROM A LETTER FROM THE MANUFACTURERS (AND I QUOTE) "TO OUR -KNOWLEDGE, NO COMPLAINTS OF EXCFSSIVE GROUND LIGHT LEVEL HAVE EVER BEEN RECEIVED FROM PEOPLE IN THE AREA" (CLOSE QUOTE) - EVEN WITH LIGHTS AS LOW AS 250 TT. ABOVE GROUND LEVEL IN DENSELY POPULATED URBAN AREAS . WE • LO WILL PLAN -TD REDUCE THE LIGHT LEVEL AT THE GROUND BY THE USE OF LOUVERS, AND BY TILTING THE BEAM UPWARDS TO THE MAXIMUM EXTENT ALLOWED BY THE FAA. 3. TRAFFIC THE INCREASE IN VEHICLES TO AND FROM THE SITE IS THOUGHT TO BE NEGLIGIBLE. THIS IS ESTIMATED AT 15 TO 30 VEHICLES PER DAY TO THE SITE, ONCE THE NCAR BUILDING HAS BEEN ERECTED. 4. AIRCRAFT FLIGHTS ONE USE OF THE TOWER WILL BE TO &HECK AND CALIBRATE NCAR'S INSTRUMENTED AIRCRAFT. THIS WILL INVOLVE OCCASIONAL DAYS , AN AVERAGE OF PERHAPS ONE PER MONTH, COORDINATED WITH THE FAA, WHEN AN AIRCRAFT WILL FLY REPEATEDLY EAST THE TOWER (AT TOWER TOP HEIGHTS) AT INTERVALS OF PERHAPS 15 MINUTES . WE BELIEVE THAT SUCH FLIGHTS WILL BE LIMITED TO A FEW HOURS ON A-BOUT 10 DAYS PER YEAR. IN ADDITION, DURING MAJOR ATMOSPHERIC RESEARCH EXPERIMENTS, THE AIRCRAFT MAY FLY PATTERNS WHICH INCLUDE SEVERAL PASSES BY THE TOWER ON PERHAPS 25 DAYS PER YEAR. THESE WILL INCLUDE SOME AT TOWER HEIGHTS, AND ALSO OTHERS AT GREATER HEIGHTS . SOME ADDITIONAL BENEFITS : I HAVE SPOKEN OF THE VERY IMPORTANT BENEFITS WHICH WILL ACCRUE TO ATMOSPHERIC RESEARCH AND THE U. S. -TAXPAYER AS A RESULT OF FASTER, MORE EFFECTIVE 3ESEARCH LEADING TO IMPROVEMENTS IN WEATHER MONITORING AND FORECASTING, AND AVIATION SAFETY -- BUT WHAT ARE SOME OF THE BENEFITS TO WELD COUNTY AND COLORADO? WE BELIEVE THAT WELD COUNTY AND COLORADO WILL GAIN A NUMBER OF BENEFITS IF WE ARE ALLOWED TO GO AHEAD AS PLANNED. THESE INCLUDE: SOME ADDITIONAL JOBS, ESPECIALLY DURING THE CON- STRUCTION PHASE, = STRENGTHENING OF .THE ALREADY STRONG ROLE OF COLORADO IN ATMOSPHERIC R&D, = CONTINUOUS AVAILABILITY OF REAL-TIME METEOROLOGICAL DATA FROM THE TOWER AND OTHER INSTRUMENTATION TO INTERESTED PARTIES . THIS WILL BE OF PARTICULAR INTEREST AND BENEFIT TO GENERAL AVIATION, AND TO AIR POLLUTION AUTHORITIES. = LOCATION OF RESEARCH WEATHER FORECASTING PROGRAM IN DENVER AREA, HOPEFULLY LEADING TO EASTERN COLORADO BEING FIRST WITH NEW AND IMPROVED WEATHER FORECASTS . IMPROVED TRAINING OPPORTUNITIES FOR COLORADO STUDENTS AND UNIVERSITIES 12 . - IMPROVED MANUFACTURING OPPORTUNITIES FOR COLORADO INDUSTRY -INTERESTED IN BUILDING REMOTE -SENSING INSTRUMENTATION. WE (RESPECTFULLY REQUEST YOUR SUPPORT OF THE NECESSARY REZONING Or -THE LAND. I WILL IBE GLAD TO TRY -TO ANSWER ANY QUERIES YOU MAY HAVE. 13 .um _ „ • id,a , a 3 a as a 5 r, �a q j jM d. q�: b+.4 d. - f.a �d+� s • . a. . PP .r'r ,y " 4t +.Y « M.. 8 _; • N. .gip aI . qd i w y, e �j 0 5 43 x-. ,,, +A° + ia- s a II • .mow > _ .. < .�., - - C.: 4 6 PC,o, _ •�A Q �., Z� V a.. urt ^ H ��sl/ • � • no ip Y L, ,H r ti. . s+. 8.8 f 8 le 4 ;' �'• F' ` , ^pr • b . , ti4 • 878 ' i , .-4 •„ y \ S t -44�� .. • ' L L . % ore $ _ � ��4fi �` .4 •i. �W .=l r. '.C N 4 r , 1 s -.k t 1 \ \ ' 1 r x.. :A ‘C‘ A D 1 Vf V B mt t \ '\ s-i H, \ ,.. H ; r J � �� 1 �` --tw.' 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CONTOURS A'7 100 FOOT INTERVALS ,/ 7R4P:Sv ,$ - MERCATOR P;.O:ECT;h.i Figure 4. — - N LONGMONT H cc a w 7, ,, AIRPORT Av F RESTONEi vO'� O NI{V FREDERICK 1 �P OT O _DACONO O THE SITE i 1 o C� 'S(`- E RIE AIRPORT LAPAYETTE i / n LLE LOUISVI 1,51 f O& Off, BR r/„.-1... D TG r—. I 6 y AI EP ORT I I DENVER METRO AREA Figure 5 R66W 5 f) 4 /(f /(f) RITANY IA �f \ / V / ♦ � TU1 / IjD/ 7 s AO (f) ♦♦ IMPERIAL/ , / Ely 7 v / I --/ / Diu i N. CLAYTON �� . .� �`�, /� D Zs rl: 177/1/ f //jOa 16 5� (1920-194.'_) �: .:94€ /7/ / %� / 70 �� 7 /EAGLE (0 1197 . // 1)/// // / / BOULDEVALLEY � /2/ / / 0, \V/ A 21 / r (f) If) Figure 6 Map Showing Faults and Extent of Mining in Vicinity of Site (Scale 1 :24-000) MExtent of mining in Coalbed No. 6 t///// Exten-t of mining in Coalbed No. 3 O Mine shaft ® Core hole 3sa' Depth to mining near core hole number (1970) Date of mining, near core hole R 63W 5 lI1 4 /�) .- Lc (r V_ ii, _ -17;^,,11 ', / 1 - /IF-7 /7 i ; / u / r. .�.\ ,� t,.o SRI• / ,C< i/ ,((!) 1 7/7;`�, X\ IMPERIAL j./ , /S,:;.<;: , \ ,\ /%//I • v i/v \:::( ‘K•c\_\r \i 1 /„r AN,,,,_\\..„ ,,/// �z;d , /' ,-..., I Ai nsx.-,y4 , / ngz �'IZ ,/ Ws ? 4); 7/ ///K.13777 EAGLE i /./ VO / S 4 / / . ,// /BOULDER rALLEY li / / 0 \/1,/ f I u, /1 d) l// ,_ l i ( Figure 7. • Map Showing Faults and Extent of Mining in Vicinity of Site (Scale 1 : 240DD) K. 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JMOF - ENVIRONMENTAL IMPACT STUDY PUBLIC MEETINGS AND HEARIN-GS PLAN BOULDER COUNTY - TOWN COUNCIL, ERIE, COLORADO JMOF PROGRAM PLAN - ERIE HIGH SCHOOL AIR FORCE ASSOCIATION )F - ENVIRONMENTAL IMPACT -UDY PUBLIC OFFICIALS CONTACTED • FEDERAL AVIATION ADMINISTRATION SENATOR FLOYD HIASKELL STATE REPRESENTATIVE WILLIAM HILSMEIER ED T/EPE - BOULDER COUNTY PLANNING DIRECTOR BABETTE SMITH - BOULDER CITY PLANNING OFFICE RUTH CORRELL - BOULDER CITY COUNCIL PHILLIP STERN - OFFICE OF THE DISTRICT ATTORNEY ROBERT FLEMING - ADAMS COUNTY PLANNING DIRECTOR HARLAN BROCK - MAYOR, ERIE, COLORADO VIRGIAL PURYEAR - DIRECTOR, COLORADO STATE COMMUNICATIONS DIVISION HARVEY MILLER - REGIONAL OFFICE, FISH AND WILDLIFE SERVICE DEPARTMENT OF THE INTERIOR JOSEPH FuSs - CHIEF, DACONA FIRE DISTRICT THOMAS FISHER - FARMERS RESERVOIR AND IRRIGATION COMPANY Table 4. JMOF - ENVIRONMENTAL IMPACT STUDY ENVIRONMENTAL AND SPECIAL INTEREST GROUPS CONTACTED AIRCRAFT OWNERS AND PILOTS ASSOCIATION COUNCIL ON ENVIRONMENTAL QUALITY AUDUBON CLUB PEOPLE UNITED TO RECLAIM THE ENVIRONMENT COLORADO COUNCIL FOR ENVIRONMENTAL INFORMATION SIERRA CLUB COLORADO OPEN SPACE COUNCIL ROCKY MOUNTAIN CENTER ON THE ENVIRONMENT COLORADO PUBLIC INTEREST RESEARCH GROUP Table S. JMOF - ENVIRONMENTAL IMPACT STUDY PRIVATE PERSONS CONTACTED ALL PROPERTY OWNERS WITHIN 500 FEET OF SECTION 16 T1N R68W MARTHA WEISER -- LIGHTS AND GENERAL AVIATION JAMES HUTCHINSON -- AIRPORT OPERATOR EARL BOLTON -- PILOT, BOULDER AVIATION ADVISOR TO COUNCIL OF GOVERNMENTS BEN LOWELL -- PILOT. CHAIRMAN BOULDER CHAMBER OF COMMERCE AVIATION SUBCOMMITTEE Joint Metcornlogica' Observing Facility of National Oceanic and Atmospheric Administration I ; and National Center for Atmospheric Research A3 Development Criteria The JNOF is proposed to be a 620 acre field site owned by the Federal Bovermnent for the measurement of atmospheric science parameters, and the development, testing, demonstration and calibration of new remote sensing instruments capable of measuring these parameters. A 985' (300 m) guyed tower is proposed for the site. Meteorological instru- mentation will be mounted at seven levels on the tower. The tower will -have a ten-foot cross-section, an internal man-rated elevator and an external carriage on which mounted instruments will traverse the height of the tower. PErnmEmar At the JMOF, the National Center for Atmospheric Research plans to erect a 25, 000 square foot research laboratory and office building to house 30 to 40 staff. The site for the planned JM01' was selected after a thorough survey considering fifteen alternate sections of land in Weld County. The section selected has been extensively undermined by activity of the Morrison, Clayton and Eagle mines. The tower and permanent buildings are to be sited on a natural geological. fault. Soils examination and deep geological corings in the fault zone have been accomplished at the Ills site of the tovvr. The lower site has been proved safe from ❑ny risk of subsidence. Much of the surrounding land has been classified as unsafe or subject to severe risk from subsidence for any surface use other than agriculture. These findings are contained in the study, Coal Mine Subsidence and Land Use in the Boulder--Weld Coalfield issued by Panuedo and Ivey, Consulting Geologists, for the State of Colorado, i . Boulder and Weld Counties. It is believed the JMOP represents a careful attempt to provide optimum land use for the proposed site. a. Permitted Uses Tower instruments will operate continuously to measure temperature, pressure, wind velocity and direction, and humidity. A variety of instruments and measurement systems will he located on the ground and around the perimeter of the tower. These instruments will operate at acoustic, optical and radio frequencies. Initially, instruments mounted on vehicles will utilize the site for measurement and calibration purposes. Eventually, a few locations for such vehicles will be prepared to include a stabilized parking surface, tie downs, electrical power connections. Standard weather balloons will be launched from the site. Tethered balloons will be floral from time to time during field experiments. Aircraft will occasionally fly-by the upper levels of the tower for instrument calibration purposes. The proposed permanent building will house offices, electronic and mechanical laboratories of NCAR's Field Observing Facility. Pending erection of the permanent building, portable office-laboratory modules will be situated near the proposed building site. Approximately 2400 square feet of space will be provided to include sanitary facilities designed to meet Weld County Health Department Standards. Until the permanent building is erected only 4 or S persons will work rte^ daily at the JMOF. They will be joined by other NOAH and NCAR research staff and _guest researchers on intermittent visits. During large field measurement experiments twelve to fifteen persons may be on site daily for one to three week periods. h. Residential Density - Not Applicable. tr c. Commercial Floor Area and uses - Not Applicable. d. Interim Land Use. Prior to land purchase NOAH proposes to lease from present owners three parcels of land. The first will be an area defined as a circle with a IMPIIMOr radius of 1200' where the center represents the tower location. This area will be seeded into native dry land grasses. The objective is to obtain a unixonm ground cover around the tower site. The second lease parcel will include .the balance of the 120 acres in the NE quarter cf Section 16 owned by Roy and Beverly Carlson. The third lease parcel will include an initial S acres to be developed for the temporary space and support facilities situated in the SE quarter _ of Section 16. Most of the 620 acres of land should continue in dry land cultivation as has been the practice. Separate agreements with the present lessee and owners pending land purchase will accommodate field experimental needs on a mutually agreed interference and cost basis. e. Site preparation. Weed and dust control will be practiced on all land controlled by NOAA-NCAR. f. Dedicated or reserved school lands - Not Applicable. g. Lighting The JMOF tower will display flashing white strobe lights at three levels on each side. These FAA preferred warning lights will operate continuously 24 hours a day. There will be emergency electrical power source available. Standard mercury vapor lights i:i-] I he installed on the tower to illuminate the immediate ground area. Similar outside lights on the office-lab modules will light the parking area and walkways to the modules. h. Street Standards - Not Applicable. i. Structures adjacent to streets. Temporary and permanent structures will have a minimum set-back of 75' from any right-of-way. j . Visual Considerations. war The tower will appear as a slender shaft of uniform cross-section for the entire height. It will be triangular in shape. The throe principal members and cross supports are tubular shapes. The elevator and carriage will operate within structural guideways. Instrument booms will project from the tower at six levels out to distances of ten to twelve feet. The booms arc to be extendable from either of two sides of the tower. Normally, all booms will be extended on the same side at a given time. Instruments mounted on the booms are small. With the exception of cup- type anemometers and the carriage there will be no continuous movements on the tower. The tower will be guyed with fifteen pre-stretched steel cables connected to six anchors :: tuaied at clistar.ces of 500' and 900' from the lower. Each concrete and steel anchor extends about four feet above ground with a large structural mass below ground. The tower will be galvanized and will appear a uniform dull grey after weathering. The strobe light fixtures are designed to screen most light from direct view from the ground out to a radius of approximately 2.2 miles from the tower. At night, within this distance on the ground, there will be an awareness that there arc lights on the tower. However, the brightness of the lights will only be slightly perceived. At distances beyond two miles the lower level of lights may begin to be seen directly. The brightness continues to be greatly diminished since the main beam of the light is still focused upward at an angle of 2° . At the _distance of approximately 16 miles and an elevation of 6800' the main beam of the middle and upper level lights intersects the ground. The light intensity has been reduced by the atmosphere to a point that will be perceived only as a bright planet Venus at two levels. t k. Non-residential uses - Not Applicable. 1. Lot standards - Not Applicable. m. Architectural and Building Standards. The design and installation of any temporary or permanent structures for human occupancy will conform to held County Building Codes. Building permits will bo obtained as appropriate. The tower has ucen designed to meet or exceed engineering standards for this type structure. All plans and specifications have been developed with the guidance of finasian Associates, consulting engineers and tall tower specialists. n. Parking. On site parking is planned for all vehicular traffic. Initially, stabilized parking for approximately twelve vehicles will be provided adjacent to the office-lab modules. Additional parking facilities will be part of the plan for the permanent FOP facility. pm.— o. Landscaping. Landscaping will be designed and proposed later as part of the permanent FOP facility. p. Signs. An initial, unlighted, painted, wooden sign 6' x 4' will be installed adjacent to the access road off County Road 8 leading to the office-lab modules. q. Common Open Space - Not Applicable. r. Utility design standards and maintenance. • Extensions of utility services to on-site meters will be accomplished by suppliers or as appropriate by NOAA in accordance with suppliers specifi- cations. All on-site distributions will conform to uniform electrical and mechanical codes. All on-site installations and maintenance down stream from meters will be the responsibility of NOAA-NCAR. t. Access limitations. Principal vehicular access to the JMOF will be off County Road No. S at 4 } poem — a point agreed to by the County. Secondary access to interior pads for the occasional use by trucks towing or mounting measurement systems will be planned at one or more safe points to be arranged with the county. An 8' high security fence will surround the tower base to prevent unautho- rized access to the tower. u. All other covenants, grants of easements or restrictions to be • imposed upon the use of land, building and structures. The Federal Aviation Administration issued on November 26 a determination that a tower height of 985' (6165' above mean sea level) . is not a hazard to aviation. This determination was made to Aeronautical Study No. 75-RM-128-OE dated June 20, 1975 for construction of a proposed 300 m (985') tall tower at the JMOF site. • The height of the JMOF tower is extremely relevant to the quantity and quality of atmospheric science research at the JW;1P. If cxperience with the 985' tall tower provides clear evidence the effectiveness of the research program is hampered due to a less than optimum tower height, NOAA-NCAR may propose at such time in the future to increase the height of the tower. it 111111 If 1 1) ) l' B. Written Material - `;upportin^, UocuracF. s. 1. The National Oceanic and Atmospheric Administtalion has Loon appointed by the following land owners to act as their attorney-in-fact in the matter of applying for rezoning for scientific planned unit development for their land situated in Section 16 TiN R68V . Pertinent documents arc attached from: -Ray H. and Beverly J. Carlson -Raymond H. Simpson for State of Colorado State Board of Land Commissioners. 2. Summary statement of application. a. Total development area. The proposed area for the JMOP is the entire Section 16, T1N R68W excluding only those subtracts in the NE quarter, specifically NE1, NE1A, NE3, and NES. The area proposed for rezoning totals 620 acres more or less. b. Total number of proposed dwelling units. None. 111 l dill l c. Total number of square feet of non-residential floor space. ii 25, 000 square feet in the permanent FOF office- laboratory building are planned. d. An initial off street parking area for twelve vehicles is planned. Additional parking is contemplated as part of the eventual permanent POP facility plan. e. Estimated total number of gallons per day of water system requirements where a distribution system is proposed. Not Applicable. f. Water Supply Source. The Left Hand Water Supply Company, Niwot, Colorado has agreed to furnish domestic water to the JMOF where points of use are in the east half of Section 16. .. g. Type of sewage disposal system. An individual sewage disposal system will be designed and installed to meet Weld County standards. A septic tank with absorption field system is contemplated for the initial 1m system serving the office-laboratory modules. The eventual system for the expanded need will be dc_i fined to meet this need. h. Not Applicable. i. Uses to be developed in the area and the proposed density of development. Principal uses include an 985' tall instrumented meteorological tower, laboratory and office space, and associated parking area. Remaining land area to continue as open space under dry land cultivation or dry land pasturage. A variety of I , meteorological measurement instruments or systems will be located around the tower on the ground and at different points on the development. j . General time schedule of expected completion dates of various j elements of the plan. • March 1976 - First leases for land in East 1/2 of Section 16. April-May 1976. - Dry land grasses seeded into tower area. 1■i111 HI II _ii March 1977 - Office-laboratory modules started, sanitary facility installed, June 1977 - Tower erection commences. August 1977 - Tower erection completed. October 1977 - Design of FOF building commemces. January 1978 - Possible land purchase. February 1978 - Weld County review of FOF plan. June 1978 - Construction of FOF building begins. December 1978 - FOF building completed. gym■ I1! 1 ► 11I� k. Explanation of how open space will be preserved and maintained. Prior to purchase, land in the vicinity of the tower and the interim office-lab modules will be planted and maintained in dry and natural grasses. The remaining land of the development will continue in existing pasture or dryland farming. After purchase and based on experience with the meteorology over the strip-cultivateu land around the tower site, a decision will be made either to continue the farming practice or to plant the remaining cultivated land in natural dry land grasses. All lands under the control of NOAA-NCAR will be maintained as free of weeds as good land management practices permit . lama- 1. Size and scope of shopping facilities, if any - Not Applicable. m. Size and scope of other community facilities - Not Applicable. n. Financial plan. All outlays will be from appropriated funds of the U. S. Government. �I111■f.. 1 1111111 I) (ft NATIONAL CENTER FOR ATMOSPHERIC IZESEARCI I ATMOSPHERIC TECHNOLOGY DIVISION P.O. 00'. 3(100 • Boulder,Colorado 80303 Telephone 1303) 494-515] • TWA': 910-940-3245 • Telex: 045 694 31 December 1975 Mrs. Ann Moore Deputy County Planner 1516 Hospital Road Greeley, Colorado 80631 Dear Mrs. Moore: It nay be helpful to place in formal context the reasons why the Field Observing Facility (FOF) of NCAR should be contiguous to the JMOF meteorological tower proposed for Section 16, just east of Erie. The reasons arise from the technical, operational and economic aspects of the situation as follows: 1. The FOF is charged with the development, modification, calibra- tion, and operation of instrumentation to gather meteorological data for research purposes. It is clear that, once operational, the JMOF tower will become a focus and integral part of nearly all FOF data acquisition and calibration activities in the local area for the forseeable future. Thus, FOF personnel and labora- tories need to be contiguous to the tower to permit ready access for maximum effectiveness. 2. A requirement exists for a control, data acquisition and recording, and preliminary data processing capability at the tower site. This will be housed in the NCAR laboratory and office building. FOF technical personnel will be active in its routine operation. During peak workloads additional FOF staff will be diverted to carry the additional responsibilities. 3. Scientists and engineers, both visiting and Boulder based, utilizing the tower will have need for electronic, instrument, and mechanical laboratories at the site in order to accomplish modifications, repair and testing in a timely fashion at the site while utilizing the tower. The NCAR facility on-site will contain its own and special JMOF laboratories for such joint usage. 4. Intragroup cooperation, team efforts and managerial control are enhanced when various elements of the same organization are in proximity. FOF personnel will be assigned to the JMOF for operations, many FOF functions,as described earlier, will tend to focus on the tower. Co-location of all participant personnel with the tower will increase operational efficiency. The National Center for Atmospheric Research is Operated by the University Corporation for Atmospheric Research under sponsorship of the National Science Foundation. �Ill�f 11111111 I Mrs. Ann Moore -2- 31 December 1975 5. Joint usage of the site by NOAA and FOF/NCAR will result in less ultimate cost to the taxpayer than if FOF were to locate and operate a separate site. I hope that the foregoing provides a useful exposition of our reasoning. Either I or Robert Serafin, the FOF Manager, will be pleased to respond to any questions you may have. Sincerely, � ( � // /7 (07 f Nelder Medrud, Jr. Field Observing Facility RI >If l 11111N 1 li (ID Date September 22, 1975 To : John W. -Connolly NOAA IiQ From C. Gordon Little, R. T. Frost l //^-`ff� Wave Propagation Laboratory / -- Subject . RATIONALE FOR THE JOINT METEOROLOGICAL OBSERVING FACILITY THE PROPOSAL: The JMOF is proposed to be a 620-acre field site for the measurement of atmospheric science parameters, and the development, testing, demonstration and calibration of new remote sensing instruments capable of measuring these parameters. The proposed site is located on Section 16, T1N R68W, situated 2 miles east of the town of Erie, Colorado, in Weld County and 1 mile west of I-2S. A 500 m (1640') guyed tower is proposed for the site; meteorological instrumentation will be mounted at 10 levels on the tower. The tower will have a 10-foot cross-section, an internal man-rated elevator and an external carriage on which mounted instruments r.^ will traverse the height of the tower. The tower will be equipped at five levels with the latest FAA preferred strobe lights. The top of the proposed S00 m (1640' ) tower will be at an elevation of 6,714' (2046 m) above sea level. The tower is situated 12 miles from the Jeffco, Longmont, and Boulder airports and 21.6 miles from Stapleton International Airport. At the JMOF, the National Center for Atmospheric Research proposes to erect a 21,000 square foot research lab and office building to house 30 ,k to 40 staff. r 4 REASONS FOR THE PROPOSED LOCATION: ,f 1. With both ERL and NCAR in Boulder, the JMOF will be used on a daily basis by the largest concentration of atmospheric researchers in the nation, to advance both atmospheric technology and atmospheric science. U. S. universities will obtain access to JMOF through NCAR; other Federal agencies will obtain access through ERL. The JMOF must be close to Boulder to obtain these benefits. It will greatly enhance the productivity of ERL's and NOAA's instrumentation programs, and will have major impact on the atmospheric research con- ducted by the two agencies. #1111t11T SI1111I ID 2. The proposed site is sufficiently distant from the foothills of the Rockies to minimize the effects of the mountains. This requirement is necessary in order to simplify the meteorology of the site. 3. The selected site is relatively smooth, horizontal and uniform, with p minimum vegetation and terrain features. K 4. Best site for land utilization. Tower and building have been sited at locations proved safe by deep geological drilling. The sites are ' surrounded by mined-out coal fields where subsidence poses a high risk . ( J to any land use other than agriculture. Ths_fact_ensures_reasonableJ/ protection of the_regiona-l--envronment -from man-made—activity—that_might ' interfere with measurements at the site in the future. Note that the loss of agricultural potential is minimal, since it is currently used only for dry land farming. S. Best availability of the land. Three-fourths of the section is owned by the Colorado State Land Board. A friendly condemnation action will permit ownership of the site at reasonable cost. The balance of the 140 acres available is owned by one person interested in a land trade now for part of his land and lease/sale of the balance. Conclusion of a land trade will provide NCAR the owned site required for the proposed building. pliewomr 6. Acceptable impact on the environment. Reception of the proposal by immediately affected property owners has been supportive or neutral. 7. The site is as remote as practicable from airports (over 20 miles from Stapleton, over 10 miles from each of the three local general aviation airports) . Sites significantly further east would not be acceptable to NCAR, and would result in the breakdown of the JMOF agreement. Such sites would also significantly reduce the ease with which ERL could use the facility, and hence its usefulness to ERL. re" REASONS FOR TILE 500 M HEIGHT TOWER: i 1 . Experience over the last eight years has shown that a tall meteorological tower in close proximity to Boulder is essential if NOAA's $2.5 million per year remote sensing program is to proceed efficiently. It will greatly aid similar instrumentation programs in NCAR, and will also serve as an essential component of major future joint research experiments on the atmospheric boundary layer. 2. S00 meters is the optimum_ height of an instrumented tower for these observations, Any less height diminishes rapidly the quantity,_quality, and range of the results which will he obtained by the scientists and engineers conducting their programs at the JMOF. L, . �- I MEI 11/111/1 S I. 3. Remote sensing instruments on the ground will observe the same phenomena as the instruments on the tower. With the full profile of absolute measurements made possible from the 500 meter tower, the quantities measured by remote sensors can be verified and interpreted. As a result of this program, it is expected that ground-based remote sensing instruments will eventually replace the need for meteorological towers. 4. Measurements taken by the Colorado State Pollution Board show that 80% of the time the entire depth of the pollution layer over the Denver Metropolitan region could be observed by a S00 meter tower. This total profile would be invaluable in measuring the interaction of pollutant aerosols with meteorological parameters that increase or diminish their concentration near the earth's surface. 5. Existence of the 500 meter tower will speed the development and applied use of remote sensing devices. Such applications will be most beneficial in monitoring airport environments, including hazards such as wind shear and clear air turbulence near the ground. =El N 'r. � •,. 1 t - Zoc:Cy Mountain 1; 'pion p R NAIf(iCppL STUD Y,� j mrAir Traffic Di- ision /17 5-Ri$ °,28 Park Hill Station, P. 0. Box. 7213 Denver, Colorado 80207 •c_ Pi= i_ �! /EJ KT" •'•• •;f• an DETERMINATION OF NO HAZARD TO AIR NAVIGATION — -�Z r. f.l • CONSTRUCT IC1WtOCATION ___ PLACE NAME U. S. Department of Commerce • National Oceanic & Atmospheric Administration Erie, Colorado 325 Broadway Boulder, CO 80302 LATITUDE LONG,TOOE 40002'54" 105O00'12" oESCHIPTl0': HEIGHT t'e rrrrl C Or:'190CT IONPROVE GROUND. PROPOSED Guyed Meteorological Tower 985'6165' .. An art, aunt ir.0 -rudv of the proposed construction described above has been completed under the previsions of Part 77 of the Ved:o..l Aviation liegula'.ions. Based on the study it is found that the construction would have no substantial adverse effect nn th^ rate lord efficient of iliznt ion of the navigable airspace by aircraft at on the operation of air navigation facilities. There- fore, pursuant or the auChrrrhy delegated to me, it is hereby determined that the construction would not be a hazard to air navi- gation revidru the following ,:conditions arc met: - (dr <iiiun-: 1. The structure is obstruction lighted day and night with high • intensity white obstruction lights in accordance with FAA Obstruction 'arking and Lighting Advisory Circular 70/7460-1D, Chapter 6. v.r 4q 1, ent al notice of construction is required any time the project is abandoned (use the enclosed FAA form), or ) At Has: iii hours before the start of construction (use the enclosed FAA form). ) Wi Lin five days after the construction reaches its greatest height (use the enclosed FAA form). • Net required. this •terrain.,.Ion cvpires en July 7, 1977 unless: exteuda d revised r terminated by the issuing office; tw the can :tra c ion is subject to the licensing authority of the Federal Communications Commission and an application for a construction permit is made to the FCC on or before the above expiration date. In such case the determination expires on the date prescribed by the FCC for completion of construction,or on the date the FCC denies the application. This dee:ern:in:a ion i, subject to review if an interested party files a petition on or before December 28, 1975 In the event * petition for a view is filed, it should he submitted in triplicate to the Chief, Airspace Obstruction and Airports Branch, AT-2.10, Federal Aviation Administration, Washington, U.C. 20590, and contain a full statement of the basis upon which it is made- This determination bereeled final on January 7, 1976 unless a petition for review is timely filed, in which case the determination will cot Is•t:ome final pending disposition of the petition. Interested parties will be notified of the grant of any rar icw. An ac,-ount of tire study findings, aeronautical objections, if any, registered with the FAA during the study, and the basis for the %A's decision in this ,.totter will be found on the following page(s). If the struetu,a is subject to the licensing authority of the FCC, a copy of this determination will be sent to that Agency. ra L. R. ROBISON TITLC Chief, Air Traffic Division Aurora, Colorado November 28, -1975 ON FAA Form-7460-9 la-711 Pogo 1 of Pages GPO 910-220 • • • 1■it MIME ► On June 20, 1975, the 'AA circularized a Public Notice soliciting written comments in r"'srd to the effect of a proposed 985' AGL/6165' ANSL tower, to be located near Erie, Colorado, on the safe and effi- cient use of airspace by aircraft. In response thereto, objections were received from the Aircraft Owners and Pilots Association (AOPA) and the Jefferson County Colorado Air- port Manager. Basically, the AOPA and the airport manager contended that the proposed structure would have an adverse effect on visual flight rule operations and pose a hazard for air navigation. The aeronautical study disclosed, as proposed, the meterological tower would exceed the obstruction standards of the Federal Aviation Regula- tions Part 77, as follows : Section 77. 23(a) (1) by 485 feet, that height above 500 feet above ground level. (AGL) Section 77. 23(a) (3) in that it would raise the minimum radar vectoring altitude (MVA) from 6700 feet to 7200 feet mean sea level (MSL) within a three nautical mile radius of the proposed structure. The study also disclosed: 1. That raising the minimum radar vectoring altitude from 6,700 feet to 7,200 feet (MSL) within a three nautical mile radius of the proposed structure would have no substantial adverse effect on instrument flight rule (1FR) operations at the Stapleton International or Jef- ferson County airports. Aircraft are normally vectored no lower than 7,000 feet MSL in the vicinity of the pro- posed site. Therefore, a change in the minimum radar _ vectoring altitude within a three nautical mile radius of the structure can be accomplished without having a substantial adverse effect on IFR aeronautical opera- tions. The proposed 985' AGL/6165' ANSL meterological tower would not require an increase in any other instrument minimum flight altitude, minimum obstacle clearance altitude, altitudes associated with over-lying Federal airways or change any instrument approach procedures at Stapleton International or Jefferson County Air- ports. 2. The proposed structure would be located approximately 1-1/2 statute miles west of Interstate 25 and would swim— .1 ,11111 . . ._.-. SM7 pe.etrate airspace occasionally used by pilots conduct- in;; VFR flight beneath low ceiling conditions using Inier.state 25 as a visual navigational reference -between Denver, Colorado and Cheyenne, Wyoming. • The installation of high intensity white obstruction lights on the proposed structure would assure its conspicuity, -thus enabling pilots to observe and avoid the structure. Based on the foregoing, the FAA has concluded that existing procedures can be nodificd to accomodate a 985' AGL/6165` AMSL structure with no substantial adverse effect on the safe and efficient use of airspace. ci.°- U.S. DEPARTMENT OF COMMERCE 0 ill ��J. � National_Oceanic and Atmospheric Administration e' ENVIRONMENTAL RESEARCH LABORATORIES . -r� i Boulder. Colorado 80302 R45 December 15, 1975 Weld County Planning Office 1516 Hospital Road Greeley, Colorado ATTN: Ann Moore Greetings: The Scientific Planned Unit Development for the Joint Meteorological Observing Facility identifies a 1200' radius circle to be specially seeded into dryland native grasses. The meteorological tower will he at the center of the circle. We have contacted staff at the Agronomy Department, Colorado State University to obtain expert advice on the planting project. Dr. Robert Heil is a soils specialist. He will oversee soils testing, wpm,-- and will advise on any necessary treatment. Dr. William Berg will advise us on the planting. Best regards. Sincerely, %-�-� 1, / ) L �\, y Robert T. Frost N0AA-JMOF Spokesperson F, NDAA e o�anom e°m w ,e, �b i■■mi - Olt (1217iitkil .J.111 LuELi1 �� C A I �4.�1 Box 146 Niwvo, Colorado 80544 Phone 776-0242 Action Into August 28, 1975 • of • 1 r Mr. R. T. Frost Wave Propagation -Laboratory Commerce Laboratories Boulder, Co. 80302 Mr. Frost : Your tap request for water service en the 160 acres in Sec. 16 , T1N. R68W was approved by our Engineer, but the legal on the request doesn' t show your property bordering Weld County Road #7. In this case, we don' t have a line for this property. You listed the description as : ( a) The NW* of the SE of Sec. 16 , T1N, R68W _ (b) The SW4 of the SE* of Sec. 16, T1N, R68W which indicates to us the land is one-eighth of a mile from our main. If you can clarify or check this legal descrip- tion, which when we talked on the phone you said bordered County Rd #7, and it borders our main, water service can be made available. Thank you, /i David F. Coleson, Manager u.. LEFT HAND WATER SUPPLY COMPANY DFC:Mc • r T MIL 1� 41 i LEFT HAND WATER, SUPPLY COMPANY Box 146 Niwot. Colorado 80544 Phone 776-0242 RCCE1 ✓'Li mmp U.S. DEPARTMENT OOMMERGE National Oceanic and Atmospheric Administration r ENVIRONMENTAL RESEARCH LABORATORIES Boulder, Colorado 80302 R45 December 16, 1975 Weld County Planning Office 1516 Hospital Road Greeley, Colorado ATTN: Ann Moore Greetings: Attached are additional supporting documents relevant to our submission of the Scientific PUD for the Joint Meteorological Observing Facility. They include: wow-- 1. Extended power of attorney from Roy and Beverly Carlson. 2. Specifications for the tall Meteorological Tower. 3. Soils Analysis and Foundation Investigation. 4. Engineering Geology Investigations for tower and anchor sites. 5. Letter describing contacts with the CSU Dept. of Agronomy regarding planting of native grasses. 6. Revised PUD showing proper certification statements and the siting of the proposed NCAR facilities. ' The warning lights on the tower will be placed at heights of 100 m (328') 200 m (656' ) and 300 m (985' ) on all three sides. Relative to the modular office-laboratory units for temporary use, we have not decided whether to build or lease these units. Any units procured will meet uniform building code requirements. When we propose to proceed, construction plans and specifications will be submitted to your office for approval in advance of application for a building permit. k0i - punoN b 6 SSW " Ann Moore Page 2 Our disbursement for the filing fee will come to you from the Denver Treasury Office. I am concerned about any delay that would affect our scheduled January 6 hearing date. Please reassure me your processing will not be held up waiting for this check to arrive. Best regards. Sincerely, Robert T. Frost NOAA-JMOF Spokesperson AMit _1MES I) Referrals for NOAA/NCAR Case No. Z-269 fill <L Sent iud ikcAi{L`12-4-75 1 . Federal Aviation Administration Air Traffic Division; attn: John H. McGhee 12-4-75 2. Boulder County Planning Commission /0-/Y/ 12-4-75 3. Town of Erie Planning Commission /a/.'I$ 12-4-75 4. Dacono Fire District 'w82t-4 L 12-4-75 5. Community Ditch Akolt, Dick, and Akolt i C e-L (.CL �� • qtr '� 4i1 1510 Lincoln Center Bldg. L; X15.2 - 554.E 1660 Lincoln Street �� (4,11Denver, CO 80203 AfL 12-4-75 6. Elmer "Bud" Reynolds, County Communications, Director /V/L 12-17-75 7. Richard Straub, County Engineer 12-17-75 8. Soil Conservation Service, Longmont ,' // C 12-4-75 9. Glen Paul , Director County Environmental Health Services 12-4-75 10. Richard Shockley, Under-Sheriff 12-17-75 11 . Joseph Jarvis, Director County Building Inspection Department 'G1,tit(tl op?'7 12-17-75 12. Colorado Geologic Survey �1 wyk,LL Attn: David Shelton ///4 /2/l4//-/S 13. Mr. Graham Notes: 1 . Richard Straub sent copies of a. Solicitation of contract for construction b. Amuedo and Ivey: "Engineering Geology Investigations" c. Robert W. Thompson, Inc. : "Soils Analysis and Foundation Investigation" 2. CGS sent copy of Amuedo and Ivey study 3. Joseph Jarvis sent copies a, b, & c as in #1 above 4. SITS sent copies of Frost letter concerning vegetation and Robert W. Thompson, Inc. study ,fit wiltoligs RICHARD D. LAMM I 4.,& JOHN W. ROLD GOVERNOR . !--- ,N Director 1/4_1.-4 COLORADO GEOLOGICAL SURVEY j... DEPARTMENT OF NATURAL RESOURCES 254 COLUMBINE BUILDING - 1845 SHERMAN STREET ,. DENVER, COLORADO 80203 PHONE892-2611 ‘r',J - \1 Ii December 26, 1975 Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Gentlemen: RE: NOAA/NCAR, REZONING We have reviewed the plat and supporting documents for the proposed rezoning from agricultural to scientific PUD. The engineering geologic investigation by Amuedo and Ivey thoroughly discusses the geologic constraints which might affect this proposed tower and supporting facilities. We concur with the geologic investigation that the critical factors that could have affected the suitability of the site were 1) ground subsidence over the coal mines and 2) recent movement along the nearby faults. Both of these factors were investigated in detail by Mr. Ivey and his staff for the area in question. This included a general evaluation for the entire property as well as specific analysis of the tower location and the anchor points. The investigation included surface mapping, core logging, geophysical logging, resistivity profiling, and analysis of the data. We believe that this investigation has been adequate to demonstrate the feasibility of the proposed project. In conclusion, we believe that there is no geologic reason why this rezoning should not be approved based on the data collected and the analysis performed by Mr. Ivey and his staff. If we can be of any further assistance, please contact our office. Sincerely, i David C. Shelton Engineering Geologist cc: Amuedo and Ivey Robert W. Thompson, Inc. ],and Use Commission GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE R Sre,: 11) , t r ' 1228 MAIN STREET LONGMONT,COLORADO 80501 v'\ December 29, 1975 l ',5 - R _CEIVED ,'I Rs-Vida Cf2 my LJ@ilisslap poi `0. Mrs. Anne Moore, Assistant Zoning Administrator Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 RE: NOAA/NCAR Zone Chance Dear Mrs. Moore: We have reviewed the above mentioned application and offer the following comments: _ 1. The soils report and plans for maintaining cover appear adequate. Some provisions for enforcing L� these plans need to be made a part of any building permit however. 2. The overall terrain is relatively flat and if the agricultural use is maintained on the surrounding area, water runoff should not pose a problem. 3. We see no real conflict with our interests in the Soil and Water Conservation movement, except that it probably will remove the land from the tax roles. Sincerely, Irving Nelson President IN:R CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT li Weld ( ((�A!'i p �l {vN�(' BOARD OF HEALTH R N Cld County LLC4'�t� De l rtm enb CATHERINE PERSON. AULT 1516 HOSPITAL ROAD PALED PAS GREELEY FRANKLIN D. YODER.TO MD. MPH wit LIAM e'LICN. ROGGEN DIRECTOR GREELEY. COLORADO 80631 CLAREN CG SITZMAV, GREELEY (3031 353-0540 DAVID WEARING. DOS. GREELEY December 15, 1975 TO: Gary Fortner, Director of Planning-Weld County Planning Commission FROM: Glen E. Paul , Director - Environmental Health Services SUBJECT: NOAA/NCAR Zone Change We recommend approval of NOAA/NCAR Zone change. A permit for the individual sewage disposal system is required for installation and designed to meet the Weld County Health Department requirements. GEP/hv la �� ItoRtInDurt" ri To Tom Hy nn December 15, 1975 COLORADO From : Application from N0AA/NCAR for Zone Change from A to Subject ScielTtil'c P.U.U. We have reviewed the above application and have the following comments to make. 1 . The tower should be designed to withstand heavy wind pressure. 2. The tower should be located in a position that if failure would occur the traveling public on the county road would not be affected by the falling tower, Richard L. Straub RLS/mm �I�I III -�I�III hi c' i% r� A .'d D U Thomas Bonn SAM: Dec. 4, 1975 TO: FROM: Bud Reynolds, Communications Department SUBJECT: Zone Change Applig tion.fsom_IQMJMCAR, I have reviewed the above mentioned zone change application. I wish to reserve comment until a future date. If I may, I would like to attend the zoning hearing at which this application will ' be discussed and if possible ask a few questions of the applicants at that time. If you have any questions or if my attendance at the hearing is not possible please contact me. Bud Reynolds 1/4 ` RE:CENE� �r 'F k � S C e n 1.1 kip • T • i` 11126p C Rio Mj cY !i � 3 i T� ;" r�,' ,.� 0. 4, t 1 �, i ?' „(. , DACQFIQ , COLORAE) A 8 Q 1 el O 9 + r�, `t ill; c n n o Area ' id e '„flret 3sctr F,1 ,4,. d 5 Pr I `-'�, s, r h I. Mr-1:n:- -_. H- - nTh . -7 C'.•' ---,.. J� /'C 1-1 . 4.---7),../4.---7),../ C C� \�-. l :1 PACOt1O , COLORADO 80514 -MME MI _"_---. i I 31 December 1975 Mr. Joseph W. Fuss, sire Chief Box 151 Dacona, Colorado 30514 Tear Mr. Fuss,. In confirmation of our conversation this morning, let me reiterate that Mr. Frost and I will seek to meet with you during the coning week to discuss fire safety and service requirements for the JOAA/ ;CAR Joint Meteorological Facility proposed for Section 16, just east of Erie. I'm very sorry to have had to cancel our meeting this norniu% but the roads were so treacherous with the heavy, new-fallen snow that we were hesitant to !_ravel. I also appreciate your courtesy in offering to call at our office when business takes you to Boulder. Please be assured that we will try to copperate in every way to see that fire protection at the site is adequate and that your own problems of arrangement are minimized. I will again phone you to arrange a meeting. In the meantime should it be useful to you to contact me, I can be reached at 494-3151, ext. 754 . Sincerely, 47, fk4ktf-Y _elder Medrud, Jr. C _ 3 v � M "`f •; I f Ili '1 n� K ' r 12 Stk. 1�sN`y0 ;e t n x� I rh �nd F �u r t„uldoq oio ©u3OP a7 ro0 gg Ct, �� `Y�QVy1'ra,'Y f" • fry 4SIa.A ;. ,,SSt 45 December 23 , 1975 edwy,d o teoe Weld County Planning Commission 1516 Hospital Road Greeley , Colorado 80631 ATTN : Mr . -Thomas E . Hann Zoning Administrator RE : Request : Zoning change from Agricultural tc Scientific PUD Applicants : National Oceanic and Atmospheric Administration (NOAA) National Center for Atmospheric Research (NCAR) Location : Approximately 620 acres located two miles east of the Town of Erie in Section 16 , TIN, R68W Purpose: To -accommodate a joint meteorological observatory facility (JMOF) for NCAR and NOAA . The facility will consist of a 985 foot guyed tower and a 25 , 000 square foot res-earch laboratory and office building to house a staff of 30- 40 persons Dear Mr. Hann: The purpose of this correspondence is to inform you of those concerns which were expressed by the Boulder County Planning Commission at their regular meeting on Wednesday, December 17 , 1975 as a general discussion topic , not by a public hearing . The Boulder County Planning Commission expressed opposition to the location of the request based on information which was received through the referral process without the benefit of a full presentation by representatives of NCAR or NOAA. Their concerns are as follows : 1. The proposed height of the tower at the specific location raises the question of the facility constituting a serious hazard for aircraft traffic in the area. 2 . Although the proposed tower will not be located in Boulder County , the height and the lighting of the facility will make it visible from many parts of the plains of Boulder County . It is our under- standing that the tower will be lighted in three places on three sides and could be a potential visual problem. 3 . The question was raised as to whether or not the facility would interfere with any existing regional or local communication facilities . =Mr �_� Mr . Thomas E . Mann 4 December 23 , 1975 Page - 2- After the Planning Commission considered this referral , the Boulder County Planning Department met with representatives of NOAA and NCAR and would like to make the record clear that the Planning Commission did not question the value of this project to the people , but they were concerned with the specific location of the facility . Hopefully the public hearing process before the Weld County Planning Commission will bring forth testimony to answer the concerns expressed by the Boulder County Planning Commission . If , however , you do not Feel that the answers have been given and would like further information from the Boulder County Planning Commission , we would be glad to hold a public hearing concerning this application and allow further testimony to be submitted for reconsideration by the Boulder County Planning Commission. Thank you for the opportunity to review this request . If you have any questions concerning this letter please feel free to contact me at the Planning Office , 442- 1100 . Ve y trul yours , -Ed T epe Planning Director ET: fec xc : Mr. Medrude , N . C .A.R. Mr . Frost , N .O .A.A. TIM - - ----1_II • dl 1-eir'-ir rate p . box 1.th and SpruCe St boulder, cola. 60302 44e 1100 $ G o ® -" edward a. tepe planning director October 8, 1975 Board of County Commissioners Weld County 1516 Hospital Road Greeley, Colorado 80631 Dear Board Members: It is our understanding that a communication facility in the form of a tower is proposed for construction in Weld County. The facility is to be located near Erie and will be visible from a large portion of Boulder County. The purpose of this letter is to formally request that you send Boulder County a referral on the request in order to determine the impact on Boulder County. Our review of the request can then be returned to you for your review prior to making the final decision on the request. Very y yo s, .d pe Planning Director ET:fee xc: Board of County Commissioners, Boulder County ll MIE R45 October 29, 1975 Mr. Ed Ticpc Boulder County Planner County Courthouse Annex Boulder, Colorado 30302 Dear Ed: You may be aware from earlier correspon:encc that NOAA and SCAR are planning the creation. of Ti Joiat I:ieteorologieal Observing F.ci li t;✓ (.ThOF) at a site east of ;:rte. For a Th riod of time we were considering an alternate site near Platteville, but that site is 110 longer under deliberation. I called Ann Moore at the Weld County Planning Office late last week to advise her of our continued interest in the i'.Tie site. Ann indicated your office had requested a re7erral of cur application for rezoning. nom. At this time, I anticipate we will be submitting our rezoning applica- tion to Weld County the first week of January. Reiresenaatives of ::OAA/PCAR will be most happy to meet with representatives of the Mulder County Planning Office and/or the Planning Commission for discussion ea the proposed .T fOF. Although the proposed site is in Weld County, we fully appreciate the unique impact this planned research facility (in- cluding its tall tower) will have on atmospheric science research and technology based in boulder, and to the residents of eastern Boulder County. Please let me know when we can moot with you and others in your office rho would like to know more about the Sta. It is important to learn in advance of possible problems or situations that might affect our ongoing planning. Sincerely, Robert T. Frost HOAA J':OF Spokesperson bcc: Little Medrud Hall 1iii' 1I1 December 27 , 1975 fit. U �r Fr i geld County Plannin5 Commission Atten: Hr. Tuomas E . ??onn Zoning Admiuie trator We are protesting the requested zone change from Aricultural to Scientific Unit Development on property described as follows : Pt. Sec . 16 T1Y4 i-?68`„`. We recievcd a letter on December 27 , 1375 on the requestea zone chanje for December 7u , 1975 and feel re Savb not nas enoubh time to aueuately study the requested zone ciLanpe. Until now we have been totaly unaware of any zone change as it has not been posted. Our main objection is the feet that we are a farming community aria would like to continue raisin; our animals arra keep our country atmosphere and we do not understand what a Scientific Unit Development zone is or what it would ao to us as property owners . Also please fine ericlosee_ letters from "r. Aobert T 'crest dated Se_ptember 12, 1975 , a letter and map from all property owners in section 16 , dated September 22, 1975 and a cony of a letter recieved from Senator 'Taskell' s office dated October 5 , 1975 , for your consideration. Since some of our ne.idhbors are away on holiday aria will not be aware of this requested zone change we would also lire to have an extention of time. _liiu,iia you. / ( U- t_. ill IM 71.Eiii • 'Q I eI L' \ U.s OFPARTNitli OF COMMERCE rJational Oceani nd Atmospheric Administration f bJV fiO hJ FAE NI Al RESEARCH LAC3UfgAlOHIES Boulder. Colorado 80302 R45 October 5, 1975 FCCEiVFR 0 . 91J 5 Honorable Floyd K. Haskell United States Senator Denver Federal Building 1961 Stout Street Denver, Colorado 80202 ATTN: Fay Strauss Dear Senator Haskell : We appreciate receiving from you the statement of protest from the residents whose property joins the proposed site for a Joint Meteo- rological Observing Facility near Erie, Colorado. The public meeting held at Erie, on September 18, was intended to inform people (including the persons signing the protest sent to your office) in advance of any commitments, of plans that would affect their environment. This was done in order that any objections could be made known and means of accommodations sought, where at all possible. As you are aware, land on which permanent building construction is to be undertaken by the government must be owned by the government. From this standpoint, Site A for the proposed NCAR building has been given first preference in our planning because Mr. Roy Carlson, the land owner, has expressed interest in an early land trade through GSA. Such a trade would provide the required "owned" site for the NCAR facility in advance of the specific appropriation to erect the building. We have expected to acquire the remaining 3/4 section through lease from the State of Colorado prior to its purchase. In light of the concern expressed by the adjacent property owners, we will immediately shift our emphasis to Site B. We will now determine if the State Land Board will negotiate for a similar trade. If so, it is very possible the concerns expressed by the nearby residents can be resolved. We look forward to working out a satisfactory solution to the problem. Sincerely,• " Y Wil t N. Hess, Director Environmental Research Laboratories • e4��4 • cc 3 +' C MEW- �II I i Mb ICI� "'f3 as ;,1ro,, rty owners with to ,aroter-t the joint venture of the 7,'eteurolos;ic:il Observinzr ' )..cility (.rres') the Nfltionial Oceanic and Atoospheric Administration ('4OAA) and the National Center for At:aoea>heric Research (Kck ). The pro;sozcet site for thin research and eu ineerieaw facility in on section Riazte*en of which we are )roi,erty owners. uur objection its only to their office and reecarcb building iaa their Yro,;ose;d rite A, located o,. tint north east corner adjacent to our ;;,ru,jcrties. We etrurawl;;' feel that a buildii). with a parkin; lot to €accomodate forty )ereenal and. their atnoaab"t ric research c ui :ent which are s%obilev and -.canted on ocIlltrailern need such, would seriously durInze our. )ra)Crty value ;,::'..`. scenic country & iokiy;ber. :i1co with the added tr1.tflc would be 4 traffic ta.azardd to our children. 4..o .:o; hi,d 7 ,.?, ul;c have an .alternative rite .. of 'uaiC::. :+:e mould in,,ve .-o objection to. One t.f tapir coain.:.t selection fuctart war '?ravel ti:sc fron ;erulder". rite B would be three :nailce a c:cy, closer. Their objection to rate n was the added el:r,cnte of runnisi , w;.ter a;4 t;;:.r lines L ro.Ci tstly aLs extra half nttc. t.lso it is our underztaaair4,s that they are not able to obtain a pro,ferty deed fron the rt:.;e of Color;a, o for rite '. "'c were told by °r. Frost that they would eventually purchtwrao all of thin rcctioa can(; therefore we do not esiaderstand why they cannot obt:ac es need. 'le, the yrciycrty owner, 'Seel that the added expenses to .' or, YO AA .and ;tc:s would be a:o."siaaal chile .red to our looses to pro tarty value and euyiror...:aeut. se feel that €o'nethir:i; should be worked out to be a recci.)ble to eve r or.e coueerea.ed. / i I o r 7.?„, '.;„ , t (\_//,-/• L,-,-Li/ 0 �7 . -l� 7. ,-C 'Ill Is - Illy • 41 .'li "c U.S. DEPARTME1I ILW COMMERCE National Oceanic and Atmospheric Administration �'�'.�''- ' ENVIRONMENTAL RESEARCH LABORATORIES CV Boulder. Colorado 80302 R45 September 12, 19-5 !//f —,5/5 ( , .7a4g411. Goodwin Etc 1 NI r. Erie, co 80510 S74- ¢yy —/ C ' c' GREETINGS: / d b I discussed with you by phone, plans for a Joint Meteorological Observing facility (JMOF1 to he developed by the National Oceanic and Atmospheric Administration (NOAA) and the National Center for Atmospheric Research (NCAR) . The proposed site for this research and engineering facility is 2 miles east of the town of Erie on a section of land owned by the State of Colorado, and others . The purpose of this proposed facility is to serve as an engineering, calibration and test center for new remote sensing instruments . Remote sensing instruments utilizing optical, radio, and acoustic techniques are capable of measuring meteorological characteristics and properties of the atmosphere. Increased use of remote sensing techniques is expected to improve NOAA's forecast and prediction services. The facility will also support atmospheric science research conducted by NOAA, NCAR and other Federal and University research interests with a wide range of objectives. NOAH and NCAR propose to construct two principal facilities. NOAA will erect a tall meteorological research tower on which instruments will be mounted at several levels to measure temperature, wind speed and direction, humidity, and other atmospheric parameters. The height of the tower is proposed for 300 meters (987') , but will he designed to he extendable to an ultimate height of S00 m 11646'1 . Other instruments will he located on the ground around the tower. On occasion, aircraft will fly by near the upper levels of the tower to calibrate meteorological instruments . NCAR proposes to erect on the site a permanent structure of approximately 21 ,000 square feet . This facility will house electronics and mechanical laboratories , a computerised operations center, and offices . Even- tually, 50 to 40 persons hIll work at the site once permanent facilities are constructed. NOAA' V S ‘4,W ob r..fi. MIN The proposed site has been selected after an intensive site survey. These selection factors were dominant. -- Meteorology over the site and minimum distance of 15 miles from the Continental Divide. -- Travel time from Boulder. -- Best land use and cost. -- Acceptable impact on the environment. -- Acceptable impact on air space. Most of the proposed section is now utilized in dry land wheat farming. Dry land grasses arc planned for the area surrounding the tower. Most of the site is undermined. Much of the land has been classified by a State study on coal mine subsidence as high risk for uses other than agriculture. JMOF facilities would be located on areas never mined. Geological studies have been conducted over recent weeks to verify the absence of mining at the proposed sites. A public meeting is scheduled for 7:30 p.m. on Thursday, September 18, at the Erie High School . Representatives of NOAA and NCAR will discuss the proposed facility and program and answer your questions. You are cordially invited to attend. Sincerely, r / i' Robert. T. 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