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Home My WebLink About790466.tiff RESOLUTION RE: APPROVAL OF CONDITIONAL USE PERMIT NO. 40 :78 :9 FOR MICRO- WAVE DIO TOWER AND RELATED FACILITIES ON A PARCEL OF LAND IN THE�'NW 4 OF SECTION 21, TOWNSHIP 12 NORTH, RANGE 66 WEST, 6TH P.M. , WELD COUNTY, COLORADO - TRI-STATE GENERATION-AND TRANSMISSION ASSOCIATION, INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Chartel, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 22nd day of January, 1979 at the hour of 9 : 00 o' clock a.m. for the purpose of hearing the application of Tri-State Generation and Transmission Association, Inc. for the granting of a Conditional Use Permit fora Microwave Radio Tower and Related Facilities on the following described real estate to wit: Description of a parcel of land in the NW o of Section 21, Township 12 North, Range 66 West, 6th P.M. , Weld County, Colorado, being more particularly described as follows: (Beginning at the Northeast corner of said parcel 'of land, said corner being (1) S 81°50'55" W '2703.13 feet from Colorado-Wyoming boundary (marker No. 38, and S84°21'49" E 2602.85 feet from Colorado-Wyoming boundary marker No. 39, Thence S-72°43'14" W 295.16 ft. to a set 5/8""iron rod (2) Thence S 17°16'46" E 295.16 ft. to a set 5/8" iron rod (3) Thence N 72°43'14" E 295.16 ft. to-.a set 5/8" , iron Lod (4) ( Thence N 17°16'46" W 295.16 ft. to the Point of ' Beginning. ' The above parcel contains 2.000 acres more or less. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the grant of the Conditional Use Permit fora Microwave Radio Tower and Related Facilities,' and WHEREAS, Section 3. 3.D. of the Weld County Zoning Resolution authorizes such a use in an Agricultural District on the grant of a Conditionlal Use Permit by the Board of County Commissioners , and WHEREAS„:the];Board of County Commissioners of Weld County, Colorado heard all the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Wel County Planning Commission and all of the exhibits and - aJc P a:51/� / 790466 °i JAOC 1 • • evidence presented in this matter, and having been fully informed, is satisfied that the request for a Conditional Use Permit for a Radio Tower and Related Facilities on the hereinabove described real estate complies with all of the conditions as set out in Section 3. 3,.D. (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners lof Weld County, Colorado that the application of Tri- State Generlation and Transmission Association, Inc. , for a Con- ditional Use Permit fora Microwave Radio Tower and Related Facili- ties on the hereinabove described parcel of land be, and hereby is, granted subject to the development standards contained in the Conditionall Use Permit, and conditions as recommended by the Planning Commission and approved by the Board. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the reasons for approval contained in the Planning Commission Recommendations dated January 16, 1979 be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, AJD. , 1979 . BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO 671C ) IZO ATTEST: (vnnnTQ:( ?aniejr(a"1-2-1";14 Weld County Clerk and Recorder and Clerk to the Boat. Deputy County -rk A'P'aVED AS TO FORM: e40.1.1 telt County Attorney DATE PRESENTED: JANUARY 24 , 1979 858 - - . ----- 1:0,-. ;4, 1. 779726 %''0 :,._� "l-tG',.if`ti,,, - �;:r y„� Stale of Ccd:roJo. :n:W C_un? O,d U I: arricr I ., . . _1_ : . I : .• /7 /6 /6 /5 20 2/ ��5,/� Co Q/WYO. 6DLAEMRY M4 R NO.36 • 7. wrOM/NO, COLORADO r ROu/NOARY MARKER MOSS 20 2/ 2/ PP SB4o?, 26 28 28 26 -) ?s0e VS F' SSB o36'47. S26)!d,' //yam 2 1 / ' wrOWINO, COLORADO `l DODNOARI' WARNER Man. SET°/K'IRON R00.---.... S72°43'/4"W 1 • 295./6' \ SB/° .5035"y. `SET TA'/ROM ROO 270.3/3 2.000 ACRES 3 NOTE: GEODETIC BEARINGS u AND y t U�/.S.G.l. T �ONtt'W b .° 'DERV. !.I..3 * o tz I a h a 2 '. N IN72°43%4"E 295/6' .-----1.J \� SET J//'IRON ROO�� • SUBJECT PROPERTY SCALE:I"=100' DESCRIPTION OF A PARCEL OF LAND /N THE NW 1/4 OF SECTION 2/, TOWNSH/P /2 NORTH,RANGE 66 WEST, 61h P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL OF LAND, SAID CORNER BEING /O S81°50 55' W 2703./3 FEET FROM COLORADO-W YOMING SCU/DARY • MARKER NO. 38, AND 5.84°21'49"E 2602.85 FEET FROM COLORADO-WYOMING t BOUNDARY MARKER NO.39, THENCE S 72r4.3'/4"W 29516 FEET TO A SET 5/8"IRON ROD 2 THENCE S/7°/6'46"E 295. /6 FEET TO A SET-5i8"IRON ROD (3) • THENCE N72143'/4"E 295./6 FEET TO A SET 5/8"IRON RODE THENCE N 17°%6'46"W 295.16 FEET TO THE POINT OF BEGINNING. THE ABOVE PARCEL CONTAINS 2.000 ACRES MORE OR LESS • • THE DICERSIGNED SIGNED SURVEYOR HEREBY CER TIFFS •THAT TN/S MAP IS MADE FROM AN AC - - RVEY OF THE PROPERTY S/AOM HEREON l�IA��:•�/ REV, DATE ' REVISION ,AmtpGll . SURVEY AND MAP ARE Lm7R 'L/ir ''1 © rit�•QTE / 4.4‘ (2 -9y,"� • ppEg7' p� ,1 ��gc&Iiiik'�q�y�y P. /__� '� PRRO//°ERT70,5f rr GNAT//N/6 ASlP ISyNggLMOT IS . _. _• _ • ` NEST.FIA RS...WELD COUYTT..COLORA00 RANEE 66 1 o-` t��h +O' o, OLSicaEDor: • 'i\ � -- fll� air: SCALE: jNEX1 AOJEMRL/: !' 5-4-78 11400'/OO' aws PAW: •"••- DIN or- A AD Sr. C RN. matt ar...,m..f.c: inn-/ or STATE LINE 8:B 177972607-4 .9 c SOdL S . o.( ,rov6a ,6i'9c' ,orrie ACCESS ROAD EASEMENT '!) hN SCALE:I"=,500" „+. ` %, t w ° o< :4.. o .7DGETHER__WITH AN EASEMENT FAR AN AGL'ESS 00 0 ROAD,.SA/D EASEMENT TO BE 2500 FEET /N WIDTH AND /2.50 FEET ON EITHER SIDE OF THE 2 . FOLLOWING:::.DESCR/BED_ SURVEY LINE: so v B ° . BEG/NNING_AT::A. �T ON THE -SOUTHERLY LINE p0 495 . o OFL THE ' Ad7VE:DES R D PARCEL OF LAN, lc° 4 cif' SAID POINT BEING S.72'43"/4""W /36.00 FEET I, r-- '� .FRAY THE.. SOUTHEAST_CORNER OF SAID PAR- N n .. . CEL CF _LAND,_ :THENCE Sae45'54"E. 758./9 ..< y FEET, THENCE N49'22'215 E.`/16.89 FEET, o THENCE N39°57"3irE - 0a.010 FEET, THENCE ° . . N7B'10 00".E._3310OI FEET,. 7? CE:$63'34'*"'E 2 n1.i • .890.07 FEET, THENCE N 79°5252 E 1110.34 ti e 2 . FEET, THENCE N73'32"4/"E..745.80FEET, o ro Is THENCE S87°11437 E 640.96 FEET TO A iy W rn • PO/NT ON THE WESTERLY RIGHT-OF-WAY 4 ^r° 2 • LINE OF U.S. HIGHWAY 85, AND THE ENO CF THE ACCESS ROAD, SAID POINT CALCULATED TO BE SO6°/7/6"W//00.62 . FEET FROM THE POINT WHERE S4/D RIGHT-OP-WA YLI4t MEETS THE CYKORDO- o�. . WYOMING STATE LINE. 2 0 • 0r� t' LAST SA/D'COURSE OF ACCESS ROAD a w 42 tit •2.1t* INTENDED TOPARALLEL AND BE /2.50 `° ° 2 0.c 4 2 �t • FEET SOUTHERLY FROM THE NORTHERLY ' ± 4 0 • o 4 0,A • • PROPERTY LINE Ott LANDS PRESENTLY nit v3 c�:!e S osy OWNED BY LAZY D GRAZING ASSN. i o $t t- o8 1 NOTE: THE SIDE LINES OF SAID ACCESS 'i -t �` Q7is -�` y ALL OF SITE AND ROAD TO BE SHORTEMED OR .4 0.��°Cbs --�47 b APOWEER LIRE � EXTENDED TO MEET THE BQ/1LYJRY Z �° y e. ° 0 SECTION h, t 0 0 2 7 ge a, 447 TOMNSM ze NORTH, LINES OF ABOVE DESCRIBED A"., ti0 n4, y ro O RANGE 66►EST. ' PARCEL OF LAND, AND TO MEET 4�\a\ w bd4" �tri m� 8 THE WESTERLY RIGHT-CF-WAY LINE N Ib g' rz a 4 - OF US. HIGHWAY 85. �4 'Y SAID ACCESS ROAD EASEMENT �-- CONTAbVS2.BC8 ACRES MORE OR LESS O' lath* ' _.. .TOGETHER WITH IAN AN EASEMENT FOR A ''.s, •e•ecf k , yyt h.� .. POWER.L/NE, SAID 'EASEMENT TO. BE 2700 b'9oo4,04.�� yT �\ _ . FEET.1 N_WIDTH, THE CENTERLINE OF SAID 744 �4so� __I o tiln yn? EASEMENT TO BEGIN AT THE SOUTHERLY END of THE.FIRST DESCRIBED LEG CF.THE ABOVE DESCRIBED ACCESS ROAD, THENCE 5 21° 45'54"E ' 288.0/ FEE . POWER EASEMENT CONTAINS �'T. 0.132 ACRES MORE OR.LESS. .. .. .. . 1 771E UNDERSIGNED SM'VE?VR * BY CERTIFIES THAT THIS . M4P/S MADE FROM AN KTUAL SURVfl z-TH EWOPERT Y SHOWN HEREON,AND THAT BOTH s '' •. se ARE RSV 'A4[ in NOW A raThe • coR?Eo+-mod 0Q."at..CT. ec. y'„ Er T -jS ATE • ' * : -5-F.:4-5. --- -- -- ,�LSAACC ESSSpS IfOADzO C�AWAROVT LOCATED W PROPERTY OF , t • , � . ,nit � f1*PM.WELD CC4N�TV. OOLLG1ADOA M "a `� N. slJf!'i' O . b . . , 0� el `........ic urr.• sQAce: Neer Asserwr. 3-5-78 -f=-300' Mxll 41#0.Sr a at' CAN. wrArn.�o' nxur- . a srer2 04( . STATE LINE 2 ' The Weld County Planning Commission held a scheduled meeting on _ January 16 , 1979,; at 1 : 30 p .m. in the Weld County Centennial Center County Commissioners Hearing Room, first floor, 915 10th Street , Greeley, Colorado. r Roll Call was as follows : i Chuck Carlson Present 4 Frank Suckla Present $ Ben Nix Present Irma White Present Fred Otis Present Jim Gilbert Present Jerry Kiefer Absent Percy Hiatt Absent Bette Kountz Absent Also present were : Tom Honn, Zoning Administrator Chuck Cunliffe, Assistant Zoning Administrator Vickie Traxler, Assistant Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present, the meeting proceeded as scheduled. Chairman Carlson called for a motion to approve the minutes of the January 2, 1979, meeting. Mrs. white made a motion which was seconded by Mr. Nix. A unanimous vote of "aye" was cast by all present . Motion carried for approval. APPLICANT: Leona P. Moser --t — ` j•slin`\\ CASE NUMBER: S-154 : 78 : 11 LEGAL DESCRIPTION: Lot 6 , Block 6 of the Replat of- Block 6 , Highland Hills Subdivision LOCATION: 5016 West 23rd Street (unimproved lot) SUBJECT: Replat to Vacate Utility Easement APPEARANCE: Roy Lundvall DISCUSSION: Mr . Lundvall stated that he sold Mrs . Moser this particular lot and the plat that was shown to her at the time showed only one 10 ' easement . When she received her Title Policy the plat showed two 10 ' easements on both sides of the lot . Upon investigation, it was discovered that at one time one of the easements was intended to be used as a sewer, but the sewer was put in on the other easement , so the second easement now is not needed. Chuck Cunliffe then read the staff ' s recommendation for approval. MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation . Motion by Ben Nix, seconded by Jim Gilbert . A vote of "aye" was cast by Chuck Carlson, Ben Nix, Frank Suckla, Jim Gilbert , Fred Otis , and Irma White. Motion carried. APPLICANT: Tri-State Generation and Transmission Association, Inc. CASE NUMBER: CUP-40 : 78 : 9 �p �\� ,C` �1 LEGAL DESCRIPTION: ; Pt . N{9q, Section 21, T12N, R66W LOCATION: Approximately z mile west of U.S . Highway 85 at the Colorado- Wyoming border SUBJECT: Microwave Tower Site and Related Facilities APPEARANCE: FranklNiesen, Right-of-Way Department for Tri-State DISCUSSION: Mr. Niesen stated that Tri-State is a non-profit organization owned by 25 local REA' s . In their long-range planning they • `' Planning Commission Mil es 16 Page 2 January 16 , 1979 are hoping to construct a microwave communication system running through f the three state area which presently consists of a loop of 25 micro- ave towers . These towers will gather data on availability of power sources and loader requirements through the three state area and trans- mit the information back to the dispatch room in Thornton, Colorado . This particular tower in question would receive a signal from the Bureau of Reclamation substation at Archer and transmit it to the substation at Ault . This in turn would be passed on to other microwave towers in the area to complete the loop and ultimately get back with information to Thornton . The towers will be spaced approximately 30 to 35 miles apart . Tri-State has received approval on the system from the EPA, FAA, and shortly from the FCC. No pollution or health hazards are anticipated from the system. Chairman Carlson asked how high the tower would be and if it would be on the hill . Mr . Niesen responded the tower will be 80 ' high and it will not be located on the highest point on the property, but will be approximately 1/3 to 1/2 mile west of Highway 85 . General discussion followed. Chuck Cunliffe then read the staff ' s recommendation for approval and the Development Standards . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation with the Development Standards . Motion by Irma White, seconded by Frank Suckla. A vote of "aye" was cast by Chuck Carlson, Ben Nix, Frank Suckla, Jim Gilbert , Fred Otis and Irma White . Motion carried. ( Mr. Gilbert then made a motion to remove VI-97 :78 :21 and VI-104 :78 : 28 from the agenda. The motion was seconded by Ben Nix. A vote of "aye" was cast by all present . There being no further business, the meeting was adjourned. Respectfully submitted, Shirley A. Phillips v �V Planning Commission Secretary r � BEFORE TH' ELD COUNTY, COLORADO PLANNING 4ISSION G )7✓ V } RESOLUTION OF 'RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. CUP # 40 :78 :9 Date Jan 1'R , 1979 APPLICATION OF Tri-State Generation and Transmission Association , Tnc, ADDRESS . 12076 Grant Street , Thornton, Colorado 80241 Moved by Irma White • that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for Microwave Radio Tower and-Jtelated Facilities covering the following described property in Weld County, LEGAL DESCRIPTION- • DESCRIPTION OFA PARCEL :OF LAND IN THE NW 1/4 OF SECT/ON 2/, TOWNSHIP /2 NORTH, RANGE 66 WEST, GM PM., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Oil BEGINNING AT THE NORTHEAST CORNER OF SAID / PARCEL OF LAND, SA/D CORNER BE/NG 0 S 8/°50'55"W A AO�`62703./3 FEET FROM COLORADO -WYOMING BOUNDARY MARKER • G ,aro NO. 38, AND S 84°2/'49" E 2602.85 FEET FROM COLORADO- ()) WYOMING BOUNDARY MARKER NO. 39, • ' THENCE S 72'4374 "W 295. /6 FT. TO A SET 5/8" IRON ROD THENCE S /7°/6'46"E 295. /6 FT. TO A SET 5/8" /RON ROD ® THENCE N72°43'/4" E 295./6 FT TO A SET 5/8" IRON ROD ® THENCE N17°/6'46" W 295.I6FT. TO THE POINT OF BEGINNING. THE ABOVE PARCEL CONTAINS 2.000 ARCES MORE OR LESS. Weld—County—zonrng—nesorut w.—.._.-.. ----0..a. . • Motion seconded by Frank Suckla Vote: For Passage Chuck Carlson Against Passage Ben Nix - Frank Suckla . Jim Gilbert Irma White Fred Otis The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. oi Tri-State Generation and Transmission Association, Inc. CUP-40:78 :9 PLANNING COMMISSION RECOMMENDATION January 16, 1979 "The Planning Commission and Board of County Commissioners shall consider the following in making their determination in approving or denying a Conditional Use Permit : Compatibility with the surrounding area, harmony with the character of the neighborhood and existing agri- cultural uses, need for the proposed use, its effect upon the immediate area, its effect on future development of the area and the health, safety and welfare of the inhabitants of the area and the county. " This determination is based upon the following: A. The following referral entities have reviewed this request and have set forth no objections to it : 1. Weld County Health Department 2 . Weld County Engineering Department 3 . Colorado Geological Survey 4 . West Greeley Soil Conservation District 5 . Colorado Division of Highways B. To date, our office has not received any opposition from any surrounding property owners . The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Development Standards being recommended and approved for the Conditional Use Permit . 2 . No building or electrical permits shall be issued on the Conditional Use Permit area until the Development Standards for the Conditional Use Permit have been placed on the Conditional Use Permit plat and said plat has been delivered to the office of the Department of Planning Services . f. l Comments : 1. The Federal Communications Commission and the Federal Aviation Administration did not respond to the referrals sent to them. However, the applicant did submit with the application "Exhibit D" which indicates that the Federal Aviation Administraition has given approval for the proposed facility . f 1 ; t Tri-State Generation and Transmission Association, Inc. - CUP DEVELOPMENT STANDARDS 1. The permitted uses on the hereon described parcel shall be the facilities as shown hereon for a microwave tower site and all uses permitted by right under Section 3 . 3 B. of the Weld County Zoning Resolution. 2. Installation of the microwave tower shall conform to Federal Aviation Administration standards and/or regulations regarding air safety and lighting and any other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 3. The Conditional Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust , and the growth of noxious weeds. 4. All phases : of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. I 5. All construction, electrical work and fabrication shall be done in accordance with the Weld County Building Code. 6 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance . 7. The Conditional Use Permit shall be limited to the plans shown hereon andlgoverned by the Development Standards stated above and all applicable Weld County Regulations . Any material deviationslfrom the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Conditional Use Permit by the Planning Commission and Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. I • r CERTIFICATION OF COPY I , Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado , adopted on January 16 , 1979 and re- corded in Book No . VI of the proceedings of the said Planning Commission . Dated the 16 day of January 19 79 \\1J��.�.w�0. •\mil\�.1.1�'� Secretary T rIION IACIORFO ATED 12O76 GRANT STREET/THORNTON,COLORADO 8O241/13O3)452-6111 A. fARON./MD TRI-STATE TF.O November 14, 1978 Mr. Tom Honn ; Zoning Administrator • Weld County Planning Department Greeley, Colorado Re: Application for Conditional Use Permit on a 2.0 acre parcel located in NW4, Sec. 21 , 1.12N, R66W - Weld County, Colorado Dear Mr. Honn: In connectionrwith the captioned conditional use permit application, Tri-State Generation and Transmission Association,Inc. hereby submits the following: 1 . An executed application form: 2. A certified boundary survey and a legal description of the property for which application is being made,(EXHIBIT A) ; 3. A soil survey and study of the property prepared by the Soil Conservation District. (EXHIBIT B) Soil borings have not been made on the property. Our construction and engineering department'has built similar structures on the type of soil found at this site. It is our experience that the soil has adequate bearing capacity for the tower and building anticipated to be built and that borings need hot be taken. In the event that unusual subsurface conditions are encountered during excavation for footers, we will have random borings taken and submit a report to your office. 4. The proposed use of the property will be for erection of an eighty foot guyed tower bearing three microwave dishes and an electonics shelter building housing radio and microwave equipment. The operation of the facility will be unmanned and automatic. The communicaition facility is part of a system extending through the states of Colorado, Wyoming and Nebraska ,and functions as the primary communication and automated switching control for the Tri-State power supply network serving twenty-five local REA's in the three state area (EXHIBIT C) . This particular facility will receive and transmit a microwave radio signal between similar facilities at the Archer Substation (East of Cheyenne, Wyoming) and the Ault,i Colorado Substation. The microwave facilities are in turn trans- mitting and receiving to other microwave facilities in the network. The transmitter output is less than one watt. Both power density and electro- magnetic field density are substantially less than recommended federal limits. The facility (will produce no air or water pollution, odor, noise, glare fire or safety hazard or traffic congestion. FAA approval has been given for this facility (EXHIBIT D) . An, application for FCC approval has been submitted and approval is.e?Cpected. Since the facility is automatic, once construction is completed, traffic into the site will be minimal'. We anticipate that our maintenance crew will visit the site about six—times every year. "AN EQUAL OPPORTUNITY EMPLOYER" 'r S o • Application for Conditional Use Permit November 14, 1978 on a 2.0 acre parcel located in NWa, Page 2 Sec. 21 , 1-12N, R66W - Weld County, Colorado 5. Since the facility is unmanned, and only visited for repair and maintenance, water and sanitary facilities are not required. There will be no well or septic tank. 6. Access td the facility will be by road as shown on Exhibit E. Since traffic will ,be minimal , the road will not be improved except for placement of gravel as needed. Access from Highway 85 will be from an existing and legal driveway. 7. Twelve sets of plans. 8. A petition form signed by adjacent property owners. There is no housing, commercial or industrial development within five hundred feet of the facility. Adjacent property is owned by the Lazy D Grazing Association, which uses the undeveloped land for grazing Of cattle. (EXHIBIT F) 9. The property owners of contiguous land to the Lazy D Property in T12N, R66W are: , (a) ( School Board - Laramie County, Wyoming: (b) ; Lazy D Grazing Association; (c) . Stephan and Patricia Caldwell ; (d) ; Jeffrey Bailey; (e) I State of Colorado. These owners appear as owners of record in the As'sessor's offices in Weld County Colorado -andlLaramie County Wyoming. ( EXHIBIT G) 10. A copy of an Easement from Lazy D Grazing Association to Tri-State Generation and Transmission Association, Inc. showing Tri_State's interest in the property. (EXHIBIT H) . Letter of authorization from Lazy D Grazing Association to file this application for a conditional use permit. (EXHIBIT I) . 11 . Our checks in the amount of $25.00 as filing fee and $10.00 as recording fees. Respectfully submitted, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. By Aide— John E. Pope g10f112137Q Design and Construction 145 /S� Division Manager JEP:lcc `e Craie y en ty, titii • • 1 )1 ['Ali I MI N I 11 PLANNING SERVICES PHONE (3031356-0000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 p � yT , O1 COLORADO December 20 , 1978 1 • To Whom It May Concern : • You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. • The Weld County Planning Commission will review a request from Tri -State Generation and Transmission Association , Tnr I for Conditional Use Permit for a microwave radio tower and related facilities on, property described as follows : Pt NWT 'Sec 21 , T12N, PFFW • The location of the parcel of land for which this. application has • • been submitted its : a mile west of U.S .' 'Fighv%ay 85 at the • Wyoming-Colorado Border If you have any suggestions or objections, will you kindly notify us in writing before January 2 , '1979 . The meeting by the Weld County Planning Commission is scheduled for January 16 , 1979. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p .m. • If you have any questions concerning , i this matter, please contact the Department of Planning Services at 356-4000, • Ext . 404. • Utc.Cts- - 7iiistant Zoning Administrator 0 /19 /70 S Date: _ January 16 , 1979 CASE NUMBER: CUP-40 :78 : 9 NAME: Tri-State Generation and Transmission Association, Inc. REQUEST: Microwave Tower Site and Related Facilities LEGAL DESCRIPTION: Pt . NW*, Section 21 ,T1 2N, R66W LOCATION: Approximately 2 mile west of U.S . Highway at the Colorado/Wyoming Border THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS • REQUEST BE ,approved FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services staff that this, request is in agreement with the Weld County Comprehensive Plan in that the proposed use would not appear to have any adverse impacts on the agricultural interests of the county or the environment . 2. It is the' opinion of the Department of Planning Services staff that this request is in compliance with the provisions of Section 3I. 3 .D. (2) of the Weld County Zoning Resolution which states: "The Planning Commission and Board of County Commissioners shalli consider the following in making their determination in approving or denying a Conditional Use Permit : Compatibility with the surrounding area, harmony with the character of the neighborhood and existing agri- cultural uses, need for the proposed use, its effect upon the immediate area, its effect on future develop- ment of the area and the health, safety, and welfare of the inhabitants of the area and the County. " This determination is based upon the following: A. The following referral entities have reviewed this request and have set forth no objections to it : 1. Weld County Health Department 2. Weld County Engineering Department 3. Colorado Geological Survey 4. West Greeley Soil Conservation District 5. Colorado Division of Highways B. To date, our office has not received any opposition from any surrounding property owners . The Department of Planning Services staff recommendation for approval Tri-State Generation and Transmission P.ssociation, Inc. CUP-40 : 78 : 9 STAFF RECOMMENDATION January 16 , 1979 • is conditional upon the following: 1. The attached Development Standards being recommended and approved for the Conditional Use Permit . 2 . No building or electrical permits shall be issued on the Conditional Use Permit area until the Development Standards for the Conditional Use Permit have been placed on the Conditional Use Permit plat and said plat has been delivered to the office of the Department of Planning Services. II ' I i I I � j 1 Comments : 1. The Federal Communications Commission and the Federal Aviation Administration did not respond to the referrals sent to them. However, the applicant did submit with the application "Exhibit D" Which indicates that the Federal Aviation Administration has given approval for the proposed facility. it III o ,, • DEPARTMENT OF PLANNING SERVICES <{ .>' PHONE (303)3564000 EXT.404 - 915 10TH STREET GREELEY,COLORADO 80631 COLORADO December 15, 1978 Mr. Frank Niesen Tri-State Generation and Transmission Association, Inc. 12076 Grant Street Thornton, Colorado 80241 RE: Request for a Conditional Use Permit for a microwave radio tower and related facilities on a parcel of land described as Pt . NWi, Section 21, T12N, R66W of the 6th p .m. , Weld County, Colorado Dear Mr. Niesen: Your application and related materials for the request described above are complete and in order at the present time . I have scheduled a meeting with the Weld County Planning Commission for January 16, 1979, " at 1: 30 p.m. This meeting will take place in the County CommissiorieTs Hearing Room, first floor, Weld County Centennial Center, 915 10th Streets, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make your presentation on your request and to answer any questions the Planning Commission members might have with respect to your application . If you have any questions concerning this matter, please feel free to contact me . Respectfully, U11 T i�1.�-�— 1 o+F�a... ✓ { . Vickie Traxler Assistant Zoning Administrator VT:sap i • { --r- . I TSENDER:CompleteA your Items ss2in the he "RETURN TO" space on Na. 8 7 Q m everse. RECEIPT FOR CERTIFIED:.RAIL 2 1. The following service is requested(check one). ' I > ❑ Show to whom and date delivered...........— I NO INSURANCE0F0RINTERNATI0NAL MAILPR0VIDER- ❑ Show to whom,date,and address of delivery..____C NOT FOR(See Reverse MAIL ❑ RESTRICTED DELIVERY _¢ (See Reverse Show to whom and date delivered SENT TO `rp a ❑ RESTRICTED DELIVERY �Q-�$EET AND =SI.SSOC_ 9 Show to whom,date,andaddressofdelivery.g—STRa-e:ANDNO. C (CONSUpLLTT POSTMASTER FOR FEES) u.�TV�QA b,� �A TIC��e�tw� P.O., E AND ZIP CODE igaisL W �C.,,%.tw4tliC i oTAGE . � c, o ��a POSTAGE • $. n ` ��n�+C�CLIZ• . � y CERTIFIED FEE ¢ V \�� Gq -�.0 :A II u. SPECIAL DELIVERY ¢ 3. ARTICLE DESCRIPTION: I C RESTRICTED DELNERY 6 m REGISTERED NO. CERTIFIED NO. INSURED NO. W U U DATESHOWR:IWHOM NDEED D I C (n ��-� F P. P. DATE DFLIVFAEO -r a a w p (Always obtain signature of addressee or agent) ID a s AND• 0 SHOW TADDRESOF DATE' ¢ m1 o x la DELIVERY o l have received�ll the Addressee bed above. Authorized agent l 6 O W SNOW TO WHOM AND DATE Z SIGNA/TU Ej� LL a DaIVERmWHNRFS�RICTED 6tili 1 11/ o 0 E DELIVERY c \ ! Z SNDW TDWNOM,DA AND C nr • V RESTRI T D DELIVERY WITN 6 y�(+�`� cc REsrRIcrEDDEDVERY P DATE OF DELIVERY I/`// ' D �� ati r TOTAL POSTAGE AND FEES $ ZO S POSTMARK OR DATE m 5. ADDRESS(Complere only it request.•1 P. �, .� 6 .\\ % 6. UNABLE TO DELIVER BECAUSE: ' INITIALS p° a y D • *GPO:1977-0-249-595 a II FIELD CHECK FILING NUMBER: CUP-40: 78: 9 DATE OF INSPECTION: 1-12-79 NAME: Tri-State' Generation & Transmission Assoc. REQUEST: Microwave Radio Tower & Related Facilities LEGAL DESCRIPTION: Pt. NW* Section 21, T12N, R66W LAND USE: N ( Agricultural-Rangeland E jAgricultural-Rangeland s jAgricultural-Rangeland w Agricultural-Rangeland (To Colo. -Wyo. ZONING: N Agricultural Border) LOCATION: 1/2 mile west of U. S. E Agricultural Highway 85 at theiWyoming Colorado s Agricultural border w Agricultural COMMENTS: The actual sitelwas inaccessible. "No trespassing" signs were posted on the access roads. Site is located on rolling, hilly terrains.r.tRangeland is the dominanttuse. Nearest residence is the Caldwell residence about .7 miles away from the actual site. Tower site appears to be located on "bxoad hill. • • li w BY: \lirQt.t_ CONDITIONAL USE PERMIT a-. i • I'I,OW SIII:]tiT y. . . , AI'pI, ICAIJ'I': Trysiro e. • cA8N II C -k%'\ ,•°\ REQUEST: Mks() uiaut. Retain--CmAA2r ora relay-4,A, 7-41cilibc LEGA 4W NW 4 S oa( , TI 'ZN j% (.o (ow - LOCATION: rvu W0 ./ (fig it %s cd-fL DATE BY IN�,yw.i C'lProd0 Ae.r 1Z-14-x& cKr Application Re eivedd !Application Fee 1- Receipt # t,.0 OS • *A `Z - l`i-1& e Act St Recording Fee ,'I4F CAC) 8 % ().Ot) 1-2.--14-11i CArL Application Complete • A ( 2_- 1 4-ice c.A C P.C. Hearing Date: Tp••y\b, I6 , ken . Z l - 141%' CI\ c Letter to Applicant Drafted 11./ l ellt v'`i Referrals Listed) It- 1 4 -71- VT ‘jttJne c1 c field Check by D!.P.S . Staff -1 \A1VhiT �a_.\Sb1� I..% File Assembled Referrals Mailed: \' t��$ Q Ai Chaindexed �� •Q� Notification of Applicant �aNS�� %..5k• Surrounding Property Owners Researched 12-- I�-76 i D Airphoto/Vicinity Map Prepared 1V I`nn9-78 ICi Property Owners Notified by: erarikG•yzr3,itl \a-ao�\ •'R' • Agendas .Mailed by: -1/43a hun1 SC l g'ig I 6� i t St Legal Approved by County Attorney 1 to1q b 'Tod. i Referrals - Complete 11 10 . e,picei Preliminary D.P.S, . Staff Comments I5 j1-1 .... Staff Conference ! %% 1 9 ,/ . D.P.S . Comments lb len ailed P.C. Hearing Action : \ % j\ S) • `� �_ � Q�-C • P.C. Resolution I' \-\ 1\� Q3-J-�Q� Case Sent to Clerk to Board 1 91� CAC-ii,CI C.. , C. C. Hearing Actioh\- -- \� \ p� C Q� C.C. Resolution Received p History Card Complete Ir.--% � \ &R.' C.C. Resolution Sent to Drafting -riN-Q• \ - Drafted on Mylar 'uo �?eWIota AVMM3 3e • . 71 ia .Document Sent to Clerk and Recorder \.Q. P.C. Minutes • PVAW--- \ %- Q . ._, . 4 . CONDITIONAL USE PERMIT APPLICATIOnf Weld County Planning Commission Services Building , Greeley, Colo . I FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER : I PC HEARING DATE : SEC : 21 TWP : 12N RANGE : 66W CC HEARING DATE : LAND-COME: ----F- T : S : 1/4 : KEY : SUB/DIV CODE : SUB : BLK : LOT : KEY : REFER TO : PERMIT FEE : 4 2.5.0 O DATE : APP . CHECKED BY : C . 2) : DATE : RECEIPT NO . ►0055 34010$1°"" • 3) DATE : LEGAL DESC , APPRVL : 4) I DATE : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE RE- QUIREMENTS : Print or type only , except for necessary signatures : I , (we) the undersigned hereby request a hearing before the Weld County Planning Commission concerning a proposed Conditional Use Permit for the following described unincorporated area of Weld County : ' LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use Permit is proposed : . LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA : A parcel of land in the NW 4 of Sec. 21, T 12 N, R 66 W, Weld County Colorado, being more particularly described as follows: Beginning at the NW Corner, of said parcel of land, said corner being S81°50'55"W 2703. 13 feet from (continued over) STREET LOCATION : ZONE PROPOSED USE : telecommunication relay station consisting of tower, electronics shelter building, standby generator and related equipment REASON : Part of three state communication network carving applicant any lnral RFA's. I FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE : % Edward Boreson NAME : Lazy D Grazing Association ADDRESS :2630 64th Ave. Greeley TEL : NAME : I ADDRESS : Coln. TEL : 'NAME : I ADDRESS :" TEL : I hereby depose and state under the penalities of perjury that all state- ments , proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) Sign ur� I wner r uthorized Agent Subscribed and sworn to before me this NJ - day of Na-'-4^ , 19 -1% . ` Cn. NOTAR PUBLI SEAL myCammstoe�¢iU� � My Commission Expires : = f ', ,� �a,:;1)11 1213isti, co v- ‘stAN. 49) Pl 48,47l1,4.8 ofr,LF0 it • EASEMENT KNOW ALL MEN BY THESE PRESENTS: That LAZY D GRAZING ASSOCIATION a Colorado Corporation hereinafter called Grantor, in consideration of Ithe sum of Two Hundred Dollars ($200.00) receipt of which is hereby acknowledged,; and of the further agreements and considerations herein stated, does hereby grant arid convey unto TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. , of Adams County, Colorado (hereinafter called Grantee) , and to its successors and assigns a perpetual right-of-way for the erection, construction, reconstruction, replacement, removal„ maintenance and operation of a microwave tower consisting of wires, cables, footings, foundations, and other equipment and fixtures, with right to alter, repair and remove the same in whole or in part at any time, which right-of-way shall be over and across the following described real property in the County of Weld, State of Colorado, as follows: (EASEMENT FOR TOWER AND ACCESSORY BUILDINGS) Description of a parcel of land in the Northwest Quarter of-Section -21 -Township North, Range 66 West', 6th:P.M. , Weld County, Colorado, being more particularly described as follows:- . - Beginning at_ the- Northeast Corner of said parcel_of..land._ said corner being S--81°50'_55"W,-_" 2703.13 feet from Colorado-Wyoming boundary marker number 38, and S 84°21 '49"E;- 2602.-85 - - feet from Colorado-Wyoming boundary marker number 39, Thence S72°43'14"W, 295.16 feet to a set 5/8" iron rod Thence-S17°16'46"E, 295.16 feet to a set 5/8" iron rod Thence N72°43'14"E, 295.16 feet to a set 5/8" iron rod Thence N17°16 '46"W, 295.16- feet- to the point of beginning. - I The above parcel contains 2.000 acres more or less. (EASEMENT FOR UNDERGROUND POWER-SUPPLN .LINES) : - . • Together with an easement for a power supply line-, 'said easement to be 20.00 feet -in width, and 10.00 feet on either side of the following described survey line: Beginning at a pointlon the southerly line of the above described parcel of land, said point being N72°43' 14"E, 159.16 feet from the Southeast Corner of said parcel of land, thence 521°45'54"E, 898.17 feet to a power pole. Said easement contains 0.412 acres more or less. { (EASEMENT FOR ACCESS ROAD) • Together with an easement for an access road, said easement to be 25.00 feet in width and 12.50 feet on either side of the following described survey line: Beginning at a point' on the easterly line of the above described parcel of land, said point being N17°16'46"W, 9.96 feet from the southeast corner of said parcel of land, thence 564°16'44"E, 1772.02 feet, thence N79°52'52"E, 1069.87 feet, thence N73°32'41 "E, 745.80 feet, thence 587°11 ' 37"E, 640.96 feet to a point on the westerly right-of-way line of U.S. Highway 85, and the end of the access road, said point calculated to be 506°17'16"W, 1100.62 feet from the point where said right-of-way line meets the Colorado-Wyoming State Line. • -1- Grantor convenants and agrees for itself and its successors and assigns that: • 1 . It shall not allow any building or other structures, trees or other combustble material or property to remain or be placed near the microwave tower or fixtures in such a manner as to interfere with the safe operation or maintenance of said microwave tower or in such manner as might result in damage to the property of either party from - fire or other cause. 2. That all towers, wires and other facilities installed on the above described lands at the Grantee's expense, shall remain on the property of the Grantee, removable at the option of the Grantee. 3. That it is the ;owner of the above described lands and that the said lands are free and clear of encumbrance of liens and whatsoever character except the following: (A) Thle easement granted herein for power supply line and for access road are subject to existing easements granted to Pine Bluffs Rural Electric Co. or existing on the premises, if any. (B) All the easements granted hereby are subject to deeds of trust (mortgages) in favor of Farmers Home Administration and to mineral reservations by prior owners. Grantee convenants aInd agrees that: 1 . The Grantor, its successor and assigns shall be entitled to the full use and enjoyment of the premises, subject only to the rights of the grantee hereby conveyed. 2. That it shall not permit any hunting upon or from the easements granted hereby. 3. That it will erect a gate or cattle guard to the grantors satisfaction at U.S. Highway 85 and keep 'and maintain the same in good repair. 4. That the gate shall be closed at all times so that Grantors cattle cannot exit therefrom. 5. That it will peHmit no other person, firm or, corporation to go upon or to use the easements hereby granted for any purpose not necessary to the use of the easements by the Grantee. 6. That it shall as practicable keep the manager of the Grantor's range advised as to the presence of a!ll persons who may go upon the easement. . Grantee shall not be required to notify Grantor or its representative of the presence of Grantees contractors during construction or Grantees employees performing repair and/or maintenance on micro- wave facilities. 7. It shall make arrangements with the Assessor of the County of Weld to assess the easements and the installations therein to it and it shall promptly pay all taxes levied and assessed to such easements and installations. 8. It shall bury thie electric power line which serves its installation. 9. That it shall promptly provide to Grantor a quit claim deed upon the abandonment or cessation of use 'of the easements or parts thereof. 10. That the total payment for rights herein granted shall be $7,000.00. The down payment of $200.00 shall be credited on the total due, and the balance of the payment provided for herein shall be paid to Grantor just prior to the commencement of construction hereunder; provided,) however, that if no construction be commenced, then Grantee shall -2- I4 • not be obligated to pay the balance of the payment provided for. If this instrument . is recorded prior to payment of the total consideration the Grantee shall pay all of Grantors costs of clearing title. IN WITNESS THEREOF, the undersigned have set their hands this % -7 day of Nr, 1978. " LAZY D GRAZING ASSOCIATION • President - Grantor ATTEST: Secretary TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. B G Y, Par— John E. Pope Design and Construction ATTEST: Division Manager . u .. •/zh- c2 5ttieto y STATE OF COLORADO ) I COUNTY OF WELD ) SS. The The foregoing instrument was acknowledged before me this day of November, 1978 by I as and I as of LAZY D GRAZING ASSOCIATION, Colorado corporation. WITNESS my ihand and notarial seal . My commission expires: Notary Public STATE OF COLORADO ) I COUNTY OF WELD ) SS. The foregoing instrument was acknowledged before me this _day of November, 1978 by I as and I as of TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. a corporation. WITNESS my hand and notarial seal . My commission expires: Notary Public -3- 4' - • _ ,EMENT AGREEMENT . . i KNOW ALL MEN BY THESE PRESENTS: That the Undersigned Patricia K and Stephen H. Caldwell , husband and wife (hereinafter called Grantor) for and in consideration of the sum of _ , in hand paid, the receipt of which is hereby acknowledged, and of turther agreements and considerations herein stated, do(es) hereby grant, bargain, sell and convey unto Tri-State Generation and Transmission Association Inc. of 12076 Grant Street, Thornton, Colorado (hereinafter called Grantee) a permanent easement, the location of which is shown on the plan annexed hereto as Exhibit "A", for purpose of constructing, reconstructing, maintaining and repairing a roadway, as deemed necessary by the Grantee, and for unrestricted ingress and egress across and over said easement, situated! in the County of Weld and State of Colorado to wit: A Twenty-four foot wide easement, leading from the driveway at Colorado Highway Station 9+50 to the existing gate to property of the Lazy D Grazing Association, as outlined in red on Exhibit A attached hereto and hereby made a part hereof. Easement isf Located in the NE6, Sec. 21 , T12N, R66W That the total payment for rights herein granted shall be $100.00. The downpayment of$100.00 above receipted for shall be credited to the total due, and the balance of the payment provided for herein shall be paid to the Grantor prior to the commencement of construction, maintenance or use as herein provided, however. if there is no construction maintenance or use, then Grantee shall not be obligated to pay the balance of the payment provided for. The Grantor convenants and warrants that he is the owner of the above described land, subject to such defects, outstanding interest, liens or encumbrances as may now appear or record. ! The Grantee shall have, and is hereby granted, all other rights and benefits nec- essary or convenient for the full enjoyment or use of the easement herein granted including, without limitation, the right of ingress and egress over and across said lands and adjacent land's of Grantor, and the use thereof reasonably necessary in connection with the construction, reconstruction, maintenance, or repair of such road- way or facilities on said easement. Grantee shall have the right to_ install , maintain and use gates in all fences which now cross or shall hereafter cross said easement. The rights herein granted may be .assigned in whole or in part. It is mutually understood and agreed that this indenture as written covers all the agreements and stipulations between the parties and that no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms hereof. so) IN WITNESS WHEREOF, Grantor has executed this instrument this '-'' day of November 1978 WITNESS: GRANTOR: Address: ( t,iZ, .Cox STATE OF COLORADO 1 ss. 041 . COUNTY OFCLEAR CREEK ) ` I hereby certify that on this -" ? day of November 1978 , before me the undersigned, a Notary Public, duly commissioned and qualified for said County, came Patricia K. Caldwall and Stephen H. Caldwell , to me known to be the identical person or persons whose name is or names are subscribed to the foregoing instrument, and acknowledged the execution thereof to be his, hers or their voluntary act and deed. Witness my hand and notarial seal the day a gar above written. - My commission e)lpires: S��,. �, "w,ti -�-� �-a.s Notary Public .r • PETITION SUPPORTING CONDITIONAL USE PERMIT Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley , Colorado 80631 Dear Commissionerls : We , the undersignied owners of property located within 500 feet of the property described in the application submited by Tri-State Generation and Transmission Assoc. , Inc. , hereby petition you to grant this request for conditional use . Signature Mailing Address Description of Property aor. 5-be, 4 EXHIBIT F Sri-+ i t1/4.,I ItLIVIVVL FHNOIIIVS Form Approved O.M.11. No 110e.R00DI DEPART/41M Of TRANSPORTATION �I 0 FAJA USSEE ONLY C libl P.AL ' �IJ ADMINIS1RA1iQN 7 i EROR( C A7�s'jkc 090. 0 L NOTICE O PROPOSILJJNSTRUCTION OR ALTERATION 1/ �..� 1, `1 / ��ff U, 1. NATURE OF STRUCI UPi I Grinptrtt Loth .1 and 1: below i FAA will either return this larm or A.(Check one) issue a separate acknowledgement. ® NEW CONSTRUCTION li MIL RATION A. The proposed structure: B.(Check one) (State length jDoes not require a notice to FAA. ® PERMANENT ❑ TEMPORARY of time) Alas.. t,L'LWould not exceed any obstruction 2. NAME AND ADDRESS OF INDIVIDUAL, COMPANY, CORPORATION,ETC. PROPOSING standard of Part 77 and would not THE CONSTRUCTION OR ALTERATION (Number,Street,City. Stale and Zip Code) be a hazard to air navigation. I— - nShould be obstruction n marked n lighted per FAA Advisory Circular To Tri-State Generation and Transmission 70/7460-1,Chapter(s) . Association, Inc. ZClbstruction marking and lighting 12076 Grant Street are not necessary. Thornton, Colorado 80241 fl Requires supplemental notice. Use FAA form enclosed. ILTHIS DETERMINATION EXPIRES _ 4g y_ 7 9 _ I B. FCC was tg was not n advised. 1 UNLESS APPLICATION IS MADE TO THE FCC FOR A REMARKS: ( CCON(1S�T{RUCTION PERMIT BEFJrE THAT DATE. OR IT 3. TYPE AND COMPLETE u;�Arsirtro�U'3 ramEREVICED OR TZININATED. PLEASE ADVISE DATE OF APPLICATION TO THE FCC Steel guyed tower 80 ft. in height e.,,NG o ICE: ,�„� /eeryt�I DATE c 1',3ti/7S- Statel Stateline I 4. LOCATION OF STRUCTURE A. COORDINATES (2$nearest second) . B. NEAREST CITY OR TOWN,AND STATE LATITUDE I LONGITUDE Cheyenne, Wyoming 0 (1) DISTANCE FROM 48 (2) DIRECTION FROM 4B 40 59 53 104 47 18 7 MILES South C. NAME OF NEAREST AIRPORT,HELIPORT,OR SEAPLANE BASE (1) DISTANCE FROM NEAREST POINT OF (2) DIRECTION NEAREST Cheyenne RUNWAY FROM 1? m, C AIRPORT A South D.OESCRIPT70N OF LOCATION OF SITE WITH RESPECT TO HIGHWAYS, STREETS, AIRPORTS,PROMINENT TERRAIN FEATURES, EX- ISTING STRUCTURES, ETC. (Attach a highway, street, or any other appropriate snap nr scaled drawing showing the relationship of construction site fo nearest airport(s). IIf more apace is required, continue on a separate sheet of paper and attach to this notice.) See attached map copy of Carr East Quadrangle 5. HEIGHT AND ELEVATION (Complete A,B and C to ihr nearest foot) 6. WORK SCHEDULE DATES A. WILL START , A. ELEVATION OF SITE ABOVE MEAN SEA LEVEL 6294 ft. HEIGHT OF STRUCTURE INCLUDING APPURTENANCES AND LIGHTING September 30, 1978 B (if any) ABOVE GROUND,OR WATER IF SO SITUATED 80 ft. B. WILL COMPLETE C. OVERALL HEIGHT ABOVE MEAN SEA LEVEL (4+R) 6374 ft. April 30, 1979 7. OBSTRUCTION MARKED AND/OR YES NO LIGHTED IN ACCORDANCE WITH A. MARKED X CURRENT FAA ADVISORY CIRCULAR B. AVIATION RED OBSTRUCTION LIGHTS X 70/7460-1, OBSTRUCTION MARK- C. HIGH INTENSITY WHITE OBSTRUCTION LIGHTS X ING AND LIGHTING D. DUAL LIGHTING SYSTEM X I HEREBY CERTIFY thAt all of the above statements made by me are true. e, a d rr c to t est of my knowledge. 8. NAME AND TITLE OF PERSON FILING THIS NOTICE (Type or Print) 9. SIGN RE (In in- :J // ' Robert J. Van Horn �E ONE NO. Manager, Telecommunications & SCADA 10. DATE OF SIGNATURE 11. TELEPHONE NO. (Precede mitt,area rode) Department - 8/7/78 (303) 45?-6111 Persons who knowingly and willfully fail to comply with the provisions of the Federal Aviation Regulations Part 77 are liable to a fine of $500 for the first offense,(with increased Penalties thereafter as provided by Section 90lfal of the Federal Aviation Act of 1958 as amended. FAA Form 7460.7 (11-72)SUPERSEDES PREVIOUS EDITION DO NOT REMOVEj°CARBONS EXHIBIT D AUG 16 1976 1r . et t REFERRAL LIST APPLICANT Tri-State Generation and Transmission Association, Inc. CASE # CUP-40 : 78 :9 REFERRALS SENT OUT ON: December 15, 1978 REFERRALS RECEIVED DEC 2 0 1978 County Attorney JAN 3 1979 County Health DEC 21 1978 County Engineer Soil Conservation Services DEC 29 1978 4302 West 9th Street Road Greeley, Colorado 80631 IrmJAN 1 G 1979 Box a343ite Ault , Colorado 80610 DEC 2 21978 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Geological Survey JAN 21979 Dave Shelton 1313 Sherman Street Room 703 Denver, Colorado 80203 Federal Aviation Administration Attention : David Laschinger Air Traffic Division 10455 East 25th Avenue Aurora, Colorado 80010 Federal Communications Commission 1405 Curtis Street Denver, Colorado 80202 4 mEmoRAnDurli - lefty To Planning Commission Date December 21, 1978 COLORADO F„m Gilman E: Olson, Utility/Subdivsion Administrator Subject: Tri-State Generation & Transmission Association, Inc. (C.U.P.) There are no engineering problems anticipated by this request. No on-site inspection was made on this C.U.P. Gi an .. Olson Utility/Subdivsion Administrator 1�� 2p2 22c?, GEO:sar 4 DEC 1978 ro RECEIVED C Weld COnnty w cc> PlannlnC Commissloe /U� C% 99111 p� BOARD OF HEALTH Weld County Health Department DAVID WERKING, DDS. Greeley FRANKLIN D. YODER, MD, MPH WILLIAM BUCK, Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ, JR.. J.D., Greeley (303)3530540 ANNETTE M. LOPEZ. Greeley FRANK MYERS. M.P.H., Windsor HERSCHEL PHELPS. JR.. M.D., Greeley KATHLEEN SHAUGHNESSY. PiN, Ault ARTHUR G.WATSON,Salleyllle December 29, 1978 • Gary Fortner, Director Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Conditional Use Permit requested by Tri-State Generation and Transmission Association for a radio tower has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Noise leviels shall comply with those standards listed in 25-12-103 C.R.S. 1973. Sincerely, Ronald K. Stow, Supervisor Environmental Health Services RKS:dr cP 12344.� AN Isis 'J RECEIVED ms Wang mm ski $ i.e0 �� Bl g��tio� =xti. l:oa \ • West Greeley Soil Conservation District • 0 i .0 CONSERVATION e DISTRICTS s AMEIICA P. O. Box 86 • Greeley, Colorado 80631 `^��•' December 29, 1978 Gary Z. Fortner, Director • - Weld County Planning Commission Weld County Centennial Center - 915 10th Street Greeley, Colorado 80631 • This is to ac nowledge your request to review a Conditional Use Permit for a Microwave Radio Tower to be constructed by Tri-State Generation and Transmission Association, Inc., on a portion of the NW; of Section 21, Twp. 12N, IRange 66W, 1/2 mile west of U.S. Highway 85 at the Wyoming- Colorado border, Weld County. Soil information for the site in question was provided to Tri-State on November 1, 1978. That information indicated no anticipated problems. We have no further comments regarding the granting of the Conditional Use Permit. Sincerely, . • /3 ....a _, Milton Baumgartner, President West Greeley Soil Conservation MB:jb -4 1s+ .J`, Ar . %baFO O oe6I911196S\et. �. . JT-- X90 RICHARD D. LAMM * *" JOHN W. BOLD GOVERNOR it ♦ Director * 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING—1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 December 28, 1978 Weld County Planning Department 915 10th Street Greeley, CO 80631 Department Members: RE: CASE NO. CUP-40:78:9, CONDITIONAL USE PERMIT FOR MICROWAVE RADIO TOWER AND RELATED FACILITIES We have reviewed the plot plan and supporting documents for the above facilities. No geologic hazards, nor significant constraints are known to exist in this area, and we do not anticipate any unusual problems with the proposed tower foundation. Sincerely, Fgal James N. Price Engineering Geologist JNP/ba cc: Land Use Commission cl�rL %-)P31co j 3QSo' ti fit AN 1 U79 co N F/�FD N Rang. Com�k oa ��r C-��6191a915�t GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE STATE DEPARTMENT OF HIGHWAYS Weld County SH 85 JACK KINSTLINGER X'°'--N. EXECUTIVE DIRECTOR Tri-State Gen. & OW*, Trans. DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE _ DWIGHT M. BOWER CHIEF ENGINEER NI('i1HE nor E DISTRICT ENGINEER STATE OF COLORADO 1 ,1001 S. of Wyo. P.O. BOX 850-1420 - 2ND ST. • GREELEY, COLORADO 80831 • (303) 353-1232 Line on W. Side of SH 85 December 21 , 1978 DOH FILE 45100 Mr. Chuck Cunliffe Departmentiof Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application by Tri-State Generation and Transmission for a Conditional Use Permit. We were contacted by Mr. Frank Niesen of Tri-State in October of 1978 regarding potential access to U.S. Highway 85. Following our discussions with Mr. Niesen, it was hisl feeling that an access easement would be the most suitable way to obtain access to the project site. Our review of the material submitted with this referral finds that this easement has been obtained. We find that no conflicts with our interests should result from this project. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Cm Albert Cacs Assistant District Engineer AC: da cc: D. M. Bower D. N. Fraser (2) D�3212„ Filer Crier-Jacobson via Rames-Finch-Graham %w/encl • BEg78, • � N CJ late la 8L9ell • `i • • • 16 15 • A B a • C • • • 20 21 U E • E U 29 B 28 D • Hwy 85 OWNERS Township 21 North, Range 66 West A School Board B _Lazy U Grazing Association C Stephan and Patricia Caldwell U Jeffrey .Bailey E State of Colorado EXHIBIT G • 3^ a+ .;1 I . • . / ... .. - 4 , r: • .r f rH +.,•'tn. ^s3 1 J't 1 t y ' ?-!• it- 7t`t , s .f' .� i Y +: .•'rT 4 Ha 1 • t - .t..t J 1".:H ... — 54 24 . 54D Oilre • ,'" .t...-71;•.?Itz ',jl.%'r yS yy H 79' • z9 S • '• S , . • • zo PP zi • • T; • ' /9 . _ • „ it r'.jF- >�•'u : r t > • l9 yn 35p •, ra,_ .,, gam\ )1 �, ��•J J lit-1 ♦ .a-_- ;� u j .t •��SD -_• r 1 4 ,.1'�M4-•.. - V °' 5 28 (• Th ao ti•-s W J• ..!1.-3.,rr PrQ' - Z Y 54 I: • ,L JJY .^I li.y —_. • -t . zq N8c r ( a; . • �s k it.I> ��! • i ;:?:;.,, .f.--_. 5 P 7 \ as , J • 7 •;, •c'=" • • 63\t: 5" • °o • 3I 79 0°0' L , •5 �. 65 tin 0 32". l 1 �. �' 15D 1 \\ 33 '� t _ ry t P.f '4ec . 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W r h . 966+091+-nls .,SAI . re9+�--Ns ro-a7 0} - zol+l �Od - ---- r� A .o 1u. - •3NVl-1s113 'I • O o iD 1 y, a Y -,, • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME MAILING ADDRESS Lazy D Grazing Association % Edward Boreson 2630 64th Avenue Greeley, Co. \J ii:F. i /2 fli,esser sandy loam, 1 to 3 prrcent slope C....."J E This is a deep, well drained soil on terraces at elevations of 4700 to 4800 feet. It formed in alluvium deposited by the South Platte River. IiiiI Included in this unit are some areas with sand and gravebly sand in i` F.: the lower part of the substratum. 4 if Typically the surface layer is grayish brown sandy loam about 11 inches !I thick. The subsoil is brown to yellowish brown sandy clay loam about !ie':.'=:DA 13 inches thick. The substratum, to a depth of 60 inches is loamy sand. P ';;: ii Permeability is ;Toderate: Available water .capacity:is moderate. .Effective.= ;-.'.i rooting depth is 60 inches or more. Surface .runoff is -medium and erosion .z-. hazard is low. iime Loci:::H{ 2i: is This soil is used. almost entirely for irrigation and is suited to all " i crops adapted to this area, including corn, sugar beets , beans , alfalfa, small grains, potatoes and onions'. An example of a 'suitable cropping :. , •,' . . 1E:i:!o- system is alfal a 3 to 4 years followed by corn; _corn for silage , sugar ', I.-p: ::: beets , small rain ' beans and back to 'alfalfa. '' Some conservation , . �`~"'' practices such Lis land leveling, ditch lining and pipelines may be y needed for proper water application. II II All methods of irrigation are suitable with furrow irrigation the most .. • common type used. Barnyard and commercial fertilizers are needed for top i 1 ...„: . • .:•:• „ ,‘,..."., ' I. ' l yields along with n ttiiiiil;ilning good organic matter content . Windbreaks and environmental plantings are generally suited to this soil. . Soil blowing is the principle hazard to establishing trees and ' .att. shrubs. This hazard can .be overcome by cultivating only in the tree row and by ]caving a strip of vegetation between the rows. Supplemental irrigation may be necessary at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mt. juniper, eastern redcedar, ponderosa pine , Siberian elm, Russian • olive and hackberry. Shrubs best suited are skunkbush sumac , lilac and Siberian peashrub. . Wildlife is an important secondary use, with these soils best suited .- - .. for openland wildlife. Habitat favorable for ring-necked pheasants , pp " • mourning dovLs and many non-game species can be developed by establishing • wildlife area for nesting and escape cove. For pheasants , the inclusion of undisturb=d nesting cover is vital 'and should be- included ' in 'plans .. .- • .... for hirbitat development. This is especially true in areas of intensive agriculture. Hpf?E: This Dresser soil has a good potential for urban and recreational develop- ment. Lawns,, shrubs and trees will do well. Its only limiting feature is the rapid peTmability in the substratum and the hazard of contamination . of the ground water from sewage lagoons. Capability subclass IIe irrigated. *.em • Y t TRI-STATE CUP 40: 78 :9 SURROUNDING PROPERTY OWNERS December 20, 1978 State of Colorado State Board of Land Commissioners 8th and 8th Bldg. Greeley, CO 80631 Jeffrey Bailey & Jennifer Mueller 609 E. Prosser; Rd. #13 Cheyenne, Wyoming 82001 Stephen & Patricia=Caldwell Box 65 C Campstool Rt. Cheyenne, Wyoming 82001 4' II Ii c-TONI zv � f ii sl wzp— is;TE r3 • �1 y Se_cT_inn i --- 1±Z7 -79; /7/20_69 LSD Jud. x-00 I • Z/ - OOH a -- /%5 - 14_, l L/Co�9�s b l �d I JL-G_, XO2 �d p_I�J X77,� (iNlz/Z - CO`k7 - a i O67 i 3 - I-1 -` -77 797 /7/3893 tu7) 824 40,E Camp.Z2Lozil Pt Za _ u- 870o • h. I it r ■ FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello