PARK COUNTY BOARD OF COMMISSIONERS AGENDA 501 Main Street FAIRPLAY, Thursday, November 17, 2016

9:30 AM CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES

APPROVAL OF VOUCHERS

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

.I. APPROVE/DENY PARK COUNTY ATTORNEY CONTRACT

.II. APPROVE/DENY COSI SCHOLARSHIP MATCHING GRANT AGREEMENT

.III. APPROVE/DENY LAND & WATER TRUST FUND PROJECT RECOMMENDATIONS

Documents:

1 Nov. BOCC report and financials.pdf 2 meeting notes Aug2016.pdf 3 Middle Fork water testing.pdf 4 LWTFB grant Additional Funding Request 10-2016.pdf

.IV. APPROVE/DENY THE RENEWAL OF CCC INC DBA THE HAPPY CAMPER CANNABIS COMPANY, LLC FOR RETAIL MARIJUANA STORE, CULTIVATION FACILITY, AND INFUSED PRODUCTS MANUFACTURING LICENSES. ADDRESS: 80 ROSALIE RD, BAILEY CO APPLICANT: DAN SPRAGUE

Documents:

10_27_16_HappyCamper_2016_Renewal_BOCC Staff Report.pdf

PUBLIC HEARING(S)

.I. PRESENTATION AND DISCUSSION OF 2017 DRAFT BUDGET

PUBLIC COMMENTS

EXECUTIVE SESSION IN REGARD TO LEGAL & PERSONNEL MATTERS (CLOSED SESSION)

ADMINISTRATIVE SESSION (OPEN)

12:00 PM LUNCH

TIMES ARE APPROXIMATE. ITEMS MAY BE HEARD EARLIER OR LATER THAN SHOWN ABOVE. NOTE: Items May Be Added To These Agendas Up To 48 Hours Before The Scheduled Time. Items May Be Deleted Or Cancelled At Any Time. Please Check Website www.parkco.us for most Updated Agendas. If You Need Further Information, please contact the BOCC Office At (719) 836- 4201. PARK COUNTY BOARD OF COMMISSIONERS AGENDA 501 Main Street FAIRPLAY, COLORADO Thursday, November 17, 2016

9:30 AM CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES

APPROVAL OF VOUCHERS

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

.I. APPROVE/DENY PARK COUNTY ATTORNEY CONTRACT

.II. APPROVE/DENY COSI SCHOLARSHIP MATCHING GRANT AGREEMENT

.III. APPROVE/DENY LAND & WATER TRUST FUND PROJECT RECOMMENDATIONS

Documents:

1 Nov. BOCC report and financials.pdf 2 meeting notes Aug2016.pdf 3 Middle Fork water testing.pdf 4 LWTFB grant Additional Funding Request 10-2016.pdf

.IV. APPROVE/DENY THE RENEWAL OF CCC INC DBA THE HAPPY CAMPER CANNABIS COMPANY, LLC FOR RETAIL MARIJUANA STORE, CULTIVATION FACILITY, AND INFUSED PRODUCTS MANUFACTURING LICENSES. ADDRESS: 80 ROSALIE RD, BAILEY CO APPLICANT: DAN SPRAGUE

Documents:

10_27_16_HappyCamper_2016_Renewal_BOCC Staff Report.pdf

PUBLIC HEARING(S)

.I. PRESENTATION AND DISCUSSION OF 2017 DRAFT BUDGET

PUBLIC COMMENTS

EXECUTIVE SESSION IN REGARD TO LEGAL & PERSONNEL MATTERS (CLOSED SESSION)

ADMINISTRATIVE SESSION (OPEN)

12:00 PM LUNCH

TIMES ARE APPROXIMATE. ITEMS MAY BE HEARD EARLIER OR LATER THAN SHOWN ABOVE. NOTE: Items May Be Added To These Agendas Up To 48 Hours Before The Scheduled Time. Items May Be Deleted Or Cancelled At Any Time. Please Check Website www.parkco.us for most Updated Agendas. If You Need Further Information, please contact the BOCC Office At (719) 836- 4201. PARK COUNTY STAFF REPORT

TITLE OF DOCUMENT: Park County Land & Water Trust Fund Project Recommendations Attachments: Financial Data, Aug. Minutes, Funding Applications

EXPLANATION AND SUMMARY: 1. Review Financials Middle Fork Water Quality Testing Applicant requests funding for comprehensive water testing of approximately three (3) samples of Middle Fork water and seven (7) samples of groundwater. Purpose is to compare water quality above, at and below the Alma Placer Mine to know if any contamination from the mine is in the river or leaching into groundwater LWTF Funding: $15,000 Total project: $30,000 In-kind Partners: Be The Change - $5,000, Carla Johnson, PH.D., Hydrogeologist

Shawnee Water Consumers Assoc. SWCA is requesting an additional $5,975 for unanticipated survey work required by water commissioner Tom Buckley of the reservoir for an estimated a cost of $2,900; pipeline and road easement of $1,200 and additional engineering of $1,875. LWTF Additional Funding: $5,975 for total of $21,975 with $16,000 already approved Total Project Cost: $30,725 Matching In-kind & Cash Partners: State of Colorado (fencing) $3,500 and SWCA volunteers - $5,250

REQUESTED ACTION:

LWTF board members voted unanimously to recommend the BOCC approve both funding requests. Sales Tax Trust Fund Monthly Sales Tax Collection

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 January 19,009.24 28,647.67 28,415.45 27,704.34 37,064.38 23,507.10 31,114.01 33,646.61 34,635.74 February $20,128.45 22,634.21 25,917.60 33,422.73 25,259.34 25,221.08 34,354.25 28,968.15 31,177.39 32,789.84 March 34,574.13 31,188.54 32,147.96 29,208.61 31,006.85 29,427.31 31,209.03 37,847.75 35,441.45 39,936.13 April 23,254.41 28,901.23 27,454.32 27,931.75 31,571.97 26,792.89 35,858.79 32,539.29 37,985.96 36,352.81 May 25,429.58 24,846.12 32,329.45 35,745.44 35,640.37 38,440.21 32,214.94 38,154.41 43,565.94 44,547.69 June 47,023.00 40,026.81 44,637.71 56,808.11 45,125.20 48,668.60 56,048.34 55,833.27 63,268.74 64,471.58 July 37,679.84 44,184.55 47,018.36 48,418.90 50,453.66 48,580.68 51,081.91 60,375.26 58,941.05 62,743.70 August 37,823.95 41,192.99 48,690.01 47,142.15 46,317.28 50,908.55 43,708.20 56,531.05 63,128.05 61,159.81 September 27,401.23 53,636.26 48,242.83 53,103.06 44,369.50 47,628.50 58,144.87 58,498.37 63,707.71 67,854.33 October 43,998.05 31,804.64 34,684.45 38,460.90 29,860.53 44,945.02 34,479.79 40,897.21 43,710.03 48,114.95 November 22,178.01 28,131.77 30,316.09 29,801.69 32,397.77 33,151.62 38,821.52 36,682.14 30,377.02 40,099.17 December 34,717.11 29,998.29 42,951.19 42,705.36 35,592.07 34,187.34 39,406.95 40,802.40 48,895.28 45,092.71 Total $354,207.76 395,554.65 443,037.64 471,164.15 435,298.88 465,016.18 478,835.69 518,243.31 553,845.23 577,798.46

2008 2009 2010 2011 2012 2013 2014 2015 2016 January 34,236.55 32,172.26 28,659.84 33,970.27 31,058.23 31,684.95 35,301.67 41,031.08 45,608.82 February 38,538.21 29,643.03 25,899.60 28,836.79 31,597.32 31,283.01 36,631.00 39,774.68 47,618.61 March 37,683.03 33,368.94 35,125.97 35,550.04 33,159.84 35,694.15 46,095.00 48,882.29 57,177.83 April 30,132.89 32,030.18 31,088.22 30,765.87 37,060.92 38,335.55 40,626.00 42,374.33 55,449.94 May 42,070.91 38,850.09 42,389.37 35,893.07 38,113.83 40,350.48 47,365.22 49,084.64 59,831.45 June 57,112.61 59,198.05 56,809.20 51,463.57 57,376.23 58,180.06 65,074.00 73,355.34 69,195.94 July 66,554.59 52,939.47 59,474.52 58,121.50 65,243.37 65,260.51 69,694.00 72,359.53 106,687.00 August 68,965.71 51,793.18 57,480.49 56,334.59 55,185.14 65,913.21 71,947.00 80,001.07 81,757.42 September 67,049.10 55,387.58 54,890.08 57,686.56 58,123.39 64,224.23 67,653.00 78,321.02 October 47,772.07 37,618.08 39,329.22 41,433.83 40,206.11 46,945.71 55,863.00 66,790.57 November 36,618.87 29,945.74 40,203.65 35,319.84 37,456.03 40,556.68 47,661.57 48,239.13 December 42,639.59 38,360.89 38,163.61 41,286.47 40,071.82 50,504.92 60,980.34 56,999.00 Total 569,374.13 491,307.49 509,513.77 506,662.40 524,652.23 568,933.46 644,891.80 697,212.68 523,327.01

446,862.96 Park County Land Water Trust Fund 2016 Active Projects No. PROJECT Matching Funds LWTF Committed Expenditures Remaining Status 15-01 Water Resource Inventory Phase 2-2015 carry-over2015 Carry over Carry-over+ $33,411 $48,603 $0 Completed 15-02 Trout Habitat & Migration Study (CPW) 2015 Carry over 2015 Carry over $2,494 In Progress 15-03 Water Quality Compilation (CUSP/CGS) 2015 Carry over 2015 Carry over $3,524 $0 Completed 16-01 Alma Riverwalk Land Purchase $46,200 $50,000 $50,000 $0 Completed 16-02 Shawnee Engineering & Equipment Installation $8, 750 $21,975 $6,000 $15,975 In Progress 16-03 Fairplay Beach Land Purchase $275,000 $175,000 $175,000 $0 Completed 16-04 Fairplay Beach Augmentation Water Purchase $7,500 $130,000 $130,000 Approved 16-05 Stream Temperature Monitoring (EcoMetrics) $0 $7,295 $7,295 In Progress 16-06 Stream Project Effectiveness - EcoMetrics $26,396 $19,998 $19,998 In Progress 16-07 Selkirk Restoration Project – Wild Connections $53,629 $22,591 $17,099 $5,492 In Progress 16-08 Guffey Gorge Improvements – Gold Belt Tour $130,616 $54,058 $21,296 $32,762 In Progress 16-09 Groundwater Compilation Phase 2 - CUSP $29,300 $62,000 $50,323 $11,672 In Progress 16-10 Elk, Deer, & Fourmile Assessments (EcoMetrics) $0 $21,000 $21,000 In Progress 16-11 Landis Ranch Phase 1 Restoration (CUSP) $40,000 $52,000 $52,000 In Progress 16-12 Middle Fork Water Quality (Be the Change) $15,000 $15,000 $15,000 Approved 16-13 Measuring Gage on Long Pond $0 $5,800 $5,800 $0 Completed TOTAL $623,641 $670,128 $ 377,645 $313,688

11/8/2016 Land Water Trust Fund Oct. 26, 2016 ACTUAL BUDGET REVENUE 2011 2012 2013 2014 2015 2016 2017 Sales Tax 506,662.40 524,652.23 568,933.46 644,650.00 697,068.93 523,327.01 650,000 Interest 1,586.07 3,566.05 2,280.17 2,205 5,890.44 17,028.13 5,000 Other 60,323.00 0.00 73,400.00 1,043,390 93,272.78 TOTAL REVENUE 568,571.47 528,218.28 644,613.63 1,690,245 796,232.15 540,355.14 655,000

EXPENDITURES 2011 2012 2013 2014 2015 2016 2017 SPCUP Legal 37,565.16 17,585.74 21,817.73 7,381 7,789.24 0.00 0

Acquisition & Projects Appraisal/Engineering 53,052.22 31,374.24 4,500.00 1,148 6,000.00 Capital Expenditures 16,195.10 0.00 300,000.00 250,000 0 Total A & P 69,247.32 31,374.24 304,500.00 251,148.00 6,000.00 0

Watershed Improvement/Maintentance Water Conservation 30,000.00 0.00 0.00 0 0.00 230,800.00 Quality Monitoring 121,277.00 67,013.36 108,324.49 16,152.00 0.00 50,323.00 30,000 Habitat Improvement 160,823.00 82,000.00 134,743.55 126,446.34 54,062.72 38,394.54 450,000 Project Studies 5,000.00 20,000.00 30,000.00 17,500.00 61,288.35 52,125.57 30,000 TOTAL WATERSHED 317,100.00 169,013.36 273,068.04 160,098.34 115,351.07 371,643.11 510,000

Adminstration Operating Expense 75.57 490.00 120.00 120.00 620.00 280.00 1020 Treasurer Fees 5,084.26 5,237.29 5,554.00 6,257.03 6,883.79 6,285.63 6,500 Attorney Fees 0.00 0.00 0.00 0 0 Public Notices 0 Dues & Meeting Expense CUSP Dues 3,000.00 3,000.00 $ 3,000.00 Secretary 0.00 235.00 400.00 500.00 400.00 200.00 0 Board members 140.00 210.00 385.00 490.00 595.00 665.00 600 Meals 507.28 607.44 101.51 0 0 0 0 Total Adminstration 8,807.11 9,779.73 9,560.51 7,367.03 8,498.79 7,430.63 8,120

TOTAL EXPENDITURES 432,719.59 227,753.07 769,044.62 425,994.25 131,639.10 385,073.74 518,120 Revenue minus expenditures 35,667.35 1,264,251 664,633.68 155,281.40 170,850

FUND BALANCE 1,512,473 1,812,938 1,848,605 3,113,047 3,777,681

Park County Land and Water Trust Fund (LWTF) board Meeting Minutes August 3, 2016 Shawnee Community Center, CO

1. Lynda James called the meeting to order at 1:35 PM and noted attendance of board members as follows: District 1 John Woodward (excused absence) District 2 Tom Eisenman (excused absence) District 3 Jim Fagerstrom At large Lynda James At Large Dan Drucker At Large Ramon Castro At Large Dave Wissel Guests present: Carol Ekarius - Coalition Upper South Platte (CUSP), Jessica Doran EcoMetrics, Tina Darrah Town of Fairplay, Brenda Krage Superintendent PCSD, Andy Spencer Park County 2. Everyone introduced themselves - 3. Administrative matters. a. Agenda - Dave made a motion to approve the agenda. Jim seconded and the agenda passed unanimously. b. Minutes - Dave made a motion to approve May minutes. Jim seconded and the motion passed unanimously approving the May minutes. c. Financial – The sales tax collected so far this year is higher than last year. After reviewing the financial paperwork, Ramon made a motion to accept the financials as presented. Dave seconded and the motion passed unanimously. d. Website Update - Didn’t have any security issues and was able to update some financial charts and current projects. Talked about having someone else update the overall project location map. 4. Updates and/or Decisions on Projects Guffy Gorge Improvements- The commissioners voted to fund ½ of the project or $54,000 which is more than the Trust Fund Board recommended. a. Selkirk Restoration Project- Wild Connections provided a one page report documenting current accomplishments. Members were interested in seeing an updated photo. b. Fairplay Beach Final Report – On July 28 the Town of Fairplay closed on the land purchase. The acreage increased from 15 acres to 17.14 acres. They are ready to start planning the proposed park and hoping to get a grant to help pay for the planning. They are bringing GOCO up this fall to view the site and are working with FEMA. Currently FEMA’s estimates are low so work can’t proceed until the costs are agreed upon. c. Groundwater Quality Monitoring – Update As of July 27 they have gotten 27 of 43 samples. Some wells were empty. Five sample being tested for Radon were not shipped within the allowable time frame so the testing could not be completed. Three samples were dropped and broke. It was determined it wasn’t worth the additional cost to resample. Next year they will send the samples directly to the lab testing for Radon and eliminate the middle man. They are continuing to collect samples. d. Landis Ranch Tarryall Creek Restoration Phase 1 - Landowners are obtaining matching funds and hope to start work this fall. They are afraid Tarryall Creek will relocate into a nearby diversion ditch if work isn’t complete before any future floods. They have sponsored 4 Wounded Warriors fishing trips and will have school groups out also. Carol said since there is no public access to fishing, CUSP recommended that they sponsor select groups for 5 years. The project will improve bank stability and reduce erosion. Phase 1 will cover 1500 feet. Dave made a motion to provide $52,000 for Phase 1. Jim seconded. Lynda and Dan abstained from voting. Jim, Ramon and Dave voted to pass the motion. e. Stream and Riparian Restoration assessment on Elk, Deer and Four Mile creeks- Several properties on Elk, Deer and Four Mile Creeks were selected to review possible areas to improve. There has been erosion and destruction of riparian wetlands. A detailed assessment, restoration plan and conceptual design are necessary to apply for grants, to help with restoration costs. Some properties have experienced overgrazing and destruction of habitat. EcoMetrics will be working with property owners, US Fish and Wildlife and others. Some owners are looking into putting a conservation easement on their land and other owners already have conservation easements on their land. Dave made a motion to approve $21,000 to complete the assessment. Dan seconded and the motion passed. f. Discussion of road crossing creek demonstration – Engineers are using creative ways to have roads crossing over creeks. Mark of EcoMetrics was wondering if the county would like a demonstration. This information will passed on to the new road and bridge interim director at the county. 5. Public Comment - There were no public comments. 6. Directors Comments. None The next meeting is November 2, 2016. Dave made a motion to adjourn and Jim seconded. The motion passed and the meeting adjourned at 3:25pm.

Respectively Submitted by Michelle Barry –Secretary

Moved Accepted by second and passed by vote on day , 2016.

APPLICATION FOR ASSISTANCE GRANT Park County Land and Water Trust Fund Board

1. Applicant information:

Be the Change USA c/o Phillip Doe 7140 South Depew Littleton, Colorado 80128 (303) 949-6986 (mobile) (303) 973-7774 (home) [email protected]

2. Description of project:

Be the Change USA (hereinafter “Applicant”) plans to engage in comprehensive water sampling and testing of the Middle Fork of the South and nearby groundwater sources (wells) in and around Alma and Fairplay, Colorado to identify and evaluate the effects of mine pollution by the Alma Placer and Leaching Plant.

Applicant requests funding for comprehensive water testing of approximately three (3) samples of Middle Fork water and seven (7) samples of groundwater. Applicant is working with hydrogeologist Carla Johnson, Ph.D., who has agreed to oversea water sample collection. Applicant will then have the samples tested by a laboratory. Applicant is not seeking funds for the water sampling, just the water testing. Test results will be used by the Applicant to prepare a report.

3. Need for project:

High Mountain Mining Company, LLC (“High Mountain”) owns and operates the Alma Placer and Leaching Plant (commonly referred to as the “Alma Placer Mine”) located in Alma Colorado, along the eastern bank of the Middle Fork of the (“Middle Fork”).

Many Park County residents know and experienced the contamination spill that occurred on or about October 3 through October 4, 2014 by the Alma Placer Mine into the Middle Fork, discharging a large plume of sediment, mud, mine waste, and other materials.

There may be multiple sources of continuing contamination from this Mine, as well as other sources in the area. The sampling and testing will determine the source and impact of such contamination. This sampling and testing supplements sampling results obtained by Colorado Parks and Wildlife (CPW) directly after the 2014 spill in Alma, the Alma Placer Mine and Fairplay. Supplemental sampling and testing will assist in determining the presence and location of continuing contamination into the Middle Fork, and to further determine appropriate remediation measures.

4. How does the project fall under the LWTFB’s mission statement?

Mining operations have had a significant impact on water sources in the South Park Basin, and the Alma Placer Mine is just one of a number of sources of water contamination. This project will help preserve, protect, improve, and maintain Park County’s remaining water resources by providing valuable information needed to remediate and protect the Middle Fork and local groundwater.

5. Community support/letters of support:

Community support letters are forthcoming from Lauren Petrie of Food and Water Watch, and Gary Wockner of Save the Colorado.

6. Project partners:

Carla Johnson, Ph.D. of Earthvisionz. As described above, Applicant is working with Dr. Johnson, who will oversee the collection of water sampling for the project. The cost of the sampling is not being requested in this application.

7. Detailed budget chart/description:

Item Description Total Estimated LWTFB Requested Amount from Other Cost Amount Funders Water Sampling $10,000 none Carla Johnson, Ph.D. Water Testing $15,000 $15,000 N/A Report Preparation $5,000 none Applicant members are donating their time

Estimated Project Total: $30,000 Total LWTFB Requested Amount: $15,000

8. Area map:

A general area map is enclosed herewith. The general area for testing is Alma and Fairplay, Colorado.

9. Site specific map or project depiction:

A site specific map, showing the approximate location of the water sampling along the Middle Fork, is enclosed herewith. Water samples will be taken in three geographical categories:

1. Background samples: located upstream from Alma Placer Mine property − groundwater - 2 wells − surface water - 1 midstream sample of Middle Fork

2. Contaminated area samples: within close proximity to the Alma Placer Mine property − groundwater - 3 wells − surface water - 1 midstream sample of Middle Fork

3. Downstream samples: downstream of the Alma Placer Mine property − groundwater - 2 wells − surface water - 1 midstream sample of Middle Fork

10. Time line:

At this time, the Applicant intends to take water samples in Spring 2017, as groundwater sampling may be affected by weather conditions. After sampling is completed, water samples will be submitted for comprehensive testing, which could take up to four weeks. Once testing results are received by Applicant, Applicant estimates that a final report will be completed within 60 days.

11. Dates of mid-term project update and final report:

Because the project is of limited scope, a complete mid-term update is not feasible. Instead, applicant will notify LWTFB when sampling is completed and samples are submitted for laboratory testing, in Spring 2017. The date of the final report is dependent on the receipt of testing results; however, given the above timeline, Applicant estimates that a final report will be completed by July 2017.

Additional Funding Request October 19, 2016 Page one of five Applicant: Shawnee Water Consumer’s Association (referred to hereafter as SWCA) PO Box 163, Shawnee, CO 80475, Vincent Tolpo, 303-838-6106, [email protected] Regarding: November 4, 2015 Assistance Grant from the Park County Land and Water Trust Fund Board Why we need more funding: The local water commissioner Tim Buckley has requested a topographical survey of our Shawnee Water Supply Reservoir to verify its holding capacity and locate measuring devices. See Exhibit A1 on page four. This was not anticipated. Foothills Inc Surveying, our local survey company that has extensive Shawnee area records, has estimated a cost of $2900. We would then need to request and additional $2900. To accommodate the needs of a road and pipeline easement through land owned by Terry Peterson we need a survey of the road and Kennedy Gulch pipeline position. We would need an additional $1200. Spronk Water Engineers, Inc. has nearly depleted the $7500 budget. They have used $6,000 for the creation of our water usage reporting spreadsheet. They estimate that to complete the job of placement and locating the reporting devices they would need another 15 hours of services beyond the 12 hours that are left in the budget. At a rate of $125 per hour that comes to an additional $1875. Total additional funding: $5975.00 What we have done so far: We have accomplished part of the first phase of our project which was the engineering phase of the project. The spreadsheet was created for reporting. SWCA resources were evaluated for sale and lease. The SWAP plan process is nearly completed. However, the placement and location of proper measuring devices has yet to be done. SWCA has spent $6,000 of the total $16,000 grant amount. We will need to extend the grant period into 2017. The new project time line: November 2016 through April 2017 will be completion of the engineering phase of the project as well as the SWAP(Source Water Protection Plan). Spreadsheet reports will begin with posting current and past usage records. SWCA resources sale and lease will continue development. Proper measuring devices will be located. May 10th, 2017 the project report will be due. May through October 2017 will be the installation of the measuring devices, the access pathways to the devices, and certain repairs to ditches and culverts. The SWAP plan will be completed and various fencing installed. Other elements of the SWAP plan will be identified for future action. November 4th, 2017 will be the final report. The delays have been caused by the expected limitations of the volunteer board/labor. In addition, there were the complexities of our little water system that were absorbed by the engineers. SWCA also was confronted by legal fees of thousands of dollars and many hours of time for the negotiations of an easement for the 1971 Shawnee Water access road and pipeline. These negotiations are nearly complete. Our access road was blocked for weeks last winter causing emergency actions that resulted in the new easement. Additional Funding Request October 19, 2016 Page two of five Revised Budget Item List: Amount Funder Secured?

Spronk Water Engineers, INC. $7500+$1875= $9375.00 LWTFB Applied

4 measuring flumes, 1 post gage $4000.00 LWTFB Applied

Installation of flumes and gage $5250.00* SWCA In-kind*

Accessibility vehicular pathways to devices $3000.00 LWTFB Applied

Surveying of Reservoir and Roadway $4100.00 LWTFB Applied

Fencing of Water sources $3500.00 SWAP yes

Administrative costs $1500.00 LWTFB Applied

Total In-Kind* $15 Per hour x 350 $5250.00*

Total Project cost with additional funding $30,725.00

11/4/2015 LWTFB assistance approved $16,000.00

Additional LWTFB assistance requested $ 5,975.00 New Total LWTFB assistance if approved $21,975.00

Total other cash assistance $3500.00

A narrative of the new items: The local water commissioner Tim Buckley requested a topographical survey of our Shawnee Water Supply Reservoir to verify its holding capacity and locate measuring devices. This was not anticipated. Spronk Engineers agreed that this is necessary for future planning and perhaps with a thought to enlarging reservoir capacity. Foothills Inc Surveying, our local survey company that has extensive Shawnee area records, has estimated a cost of $2900. We would then need to request and additional $2900. See the following copies of emails exhibit A and A1. Our old easement of 1964 was too vague and did not accommodate the needs of a road and pipeline easement through land now owned by Terry Peterson. We need a survey of the road and Kennedy Gulch pipeline position. Using again Flatiron Inc, we would need an additional $1200. See the following copy of email Exhibit B. Spronk Water Engineers, Inc. has nearly depleted the $7500 budget. They have used $6,000 for the creation of our water usage reporting spreadsheet. They estimate that to complete the job of placement and locating the reporting devices they would need another 15 hours of services beyond the 12 hours that are left in the budget. At a rate of $125 per hour that comes to an additional $1875. The costs were estimated during an October 18, 2016 phone call between Tolpo of SWCA and Dale Book of Spronk. See attachments of Spronk latest unpaid invoice, report and spreadsheet. Additional Funding Request October 19, 2016 Page three of five

Exhibit A: Bob Lund

To 'Vincent Tolpo' Sep 9 at 2:37 PM Vincent,

If the reservoir is empty and navigable we can provide topography for $2,900.

If it is preferable to not drain the reservoir, we can also rent a sonar unit and provide underwater topography for an additional $500.

Regards, Bob Lund Senior Project Manager

Flatirons, Inc. 3825 Iris Ave., Ste 395 Boulder, CO 80301

Office: 303-443-7001 Ext. 183 Fax: 303-443-9830

Email: [email protected] http://www.flatironsinc.com

Additional Funding Request October 19, 2016 Page four of five

Exhibit A1

Jon Mayberry To [email protected] Sep 7 at 2:28 PM Hello Mr. Tolpo, We are finishing up our summary of the SWCA augmentation plan and preparation of accounting. I received a call from Tim Buckley, the water commissioner, on Friday, September 2. He notified me that SWCA needs to have a working stage capacity curve for the Shawnee Water Supply Reservoir accounting so that SWCA would be able to quantify storage in the reservoir. Since no survey was found, this would require that either a survey be performed or that a reasonable estimate be made. These options are both outside our scope of work and would require your approval to increase the budget for such. Our current budget of $6,000 has been expended for the accounting forms and water availability review.

Ideally, if the Supply Reservoir were empty, a relatively inexpensive survey could be performed this fall. We could assist in getting SWCA estimates for a survey. Mr. Buckley suggested that if SWE could mathematically create a reasonable stage capacity relationship, the CDWR would likely sign off on it. However, it is possible that the CDWR would not find that satisfactory and subsequently require a survey.

I expect to have a summary/report to you by next week, along with a new accounting form for your use to report to the CDWR. We will await your decision on the stage capacity relationship survey or calculation. Please feel free to call if you have any questions or would prefer to discuss more,

Jon

Jon W. Mayberry, P.E. Spronk Water Engineers, Inc. 1000 Logan Street , CO 80203 303-861-9700 303-861-9799 (Fax) [email protected]

Additional Funding Request October 19, 2016 Page five of five

Exhibit B: Bob Lund

To [email protected] Aug 19 at 11:42 AM Vincent,

As we discussed we can do a description and exhibit for this road for $1200. I have reviewed the files from Sphene and June’s previous work and I can prepare the document based on them.

I will look for your go ahead on this project and will prepare a work order upon receipt.

Regards, Bob Lund Senior Project Manager

Flatirons, Inc. 3825 Iris Ave., Ste 395 Boulder, CO 80301

Office: 303-443-7001 Ext. 183 Fax: 303-443-9830

Email: [email protected] http://www.flatironsinc.com

PARK COUNTY BOARD OF COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT

BOCC Hearing Date: October 27, 2016

To: County Commissioners

Date: October 20, 2016

Prepared by: Jill Falchi, Planning Technician Sheila Cross, Director of Development Services

Subject: Happy Camper Cannabis Co, LLC Retail Marijuana License Renewal Public Hearing

Request: Renewal of Retail Marijuana Store, Infused Products Manufacturing & Cultivation Facility Licenses

License Summary:

Business: CCC Inc. DBA Happy Camper Cannabis Co., LLC Applicant: Dan Sprague Property Owner: ALS Construction Inc. Business Owner: Dan Sprague Location: 80 Rosalie Rd Bailey, CO Zone District: Commercial (C) - see Attachment 1, Zoning Map. Lot Size: 3 Acres License Type: Retail Marijuana Store, MIPS & Cultivation Facility

Background:

On September 29, 2016, the Board considered renewal of the Happy Camper Cannabis marijuana licenses. Because public comments in opposition to the renewal had been received, the BOCC elected to conduct a public hearing regarding the matter.

The Happy Camper currently has a Park County Marijuana License for a retail cultivation facility, retail store, and infused products manufacturing. The facility is located at 80 Rosalie Road in Bailey. A vicinity map is attached. The applicant is requesting renewal of the retail store, cultivation facility, and infused products manufacturing licenses.

BOCC Staff Report Happy Camper Cannabis Co., LLC Marijuana License Renewal Page 1 of 3 October 27, 2016 Hearing Licensing History

• The Retail Marijuana Store, Retail Products Manufacturing, and Retail Marijuana Cultivation Facility Licenses were originally issued on October 2, 2014 and renewed on October 1, 2015. See attached Resolutions No 2014-40 and 2015- 45. • In January of 2016 The Happy Camper filed a Minor Modification Report through Park County and the Marijuana Enforcement Division to amend the floor plan of the facility. The amendment turned one of the cultivation rooms into more space for infused products manufacturing.

Operational Comments

The Park County Sheriff, MED and the Division of Water Resources have confirmed there have been no violations regarding this facility. Tim Buckley, Water Commissioner visited the facility on September 27, 2016 and reported the license holder was in compliance with their Well Permit No. 239796. Although Platte Canyon Fire did not report any violations they did cite a small fire that occurred within the MIPS room. The fire was minor and was extinguished before the fire department arrived. There have been no known violations of the Land Use Regulations.

On September 7, 2016 representatives from the Park County Building, Environmental and Code Compliance, Planning, and Public Health Departments conducted the facility for a routine renewal inspection. Listed below are specific Items that were investigated.

1. Functionality of the facility’s sanitation system. The Park County Environmental Health Specialist reported that while the facility’s leach field was operating properly, a minor repair of a broken valve box would be required. 2. Compliance with Building Permit requirements. A final inspection of the facility was conducted on September 8, 2016 and was approved contingent on an inspection by Platte Canyon Fire, which was conducted and approved on September 9, 2016. 3. Compliance with Industrial Hygiene Certification. In addition to confirmation from the Industrial Hygienist, the license holder also provided employee training records and procedures at the time of inspection. See Attachment 4, Industrial Hygiene Certification report. 4. Details regarding the fire in the MIPS room. The license holder explained a paper towel caught fire and was immediately extinguished. Platte Canyon FD was still notified and reported that the fire had been put out with a fire extinguisher prior to their arrival. Platte Canyon FD conducted an inspection on September 9, 2016 and reported no violations.

In response to a public comment regarding additional signage on Highway 285, staff contacted CDOT who explained the blue business signs along Hwy 285 are contracted through Colorado Logos Inc. Business owners must apply and pay for these signs to be put up and maintained. The licensee did not obtain approval through the BOCC prior to contracting these signs and in doing so violated a condition of their license.

BOCC Staff Report Happy Camper Cannabis Co., LLC Marijuana License Renewal Page 2 of 3 October 27, 2016 Hearing See Attachment 5 for public comments received as of report preparation.

Conditions

The conditions of the current licenses, as issued are as follows:

1. No odors attributable to the retail marijuana establishment shall be detectable at any boundary of the licensed premises. 2. No signage identifying the business shall be installed except at the existing gate and no signage shall obstruct the signage of the Church near the licensed premises. Signage shall only be lit during hours of operation. No modification of the existing signage shall occur without the advance approval of the Board of County Commissioners

In staff’s opinion, these conditions remain applicable and are recommended for the license renewal. The following additional condition is also recommended in the interest of safety.

3. The infused products manufacturing activities shall not be collocated with any other operations.

BOCC Action:

A public hearing is not required for license renewal. The BOCC’s options are to: • approve the license renewal with the previously stipulated conditions and the newly recommended condition (above), • approve the license renewal with revised conditions, or • deny the license renewal.

BOCC Staff Report Happy Camper Cannabis Co., LLC Marijuana License Renewal Page 3 of 3 October 27, 2016 Hearing Attachment 1: Zoning Map

Residential

Agricultural 85 2 AY W GH HI

Ros Commercial alie Rd C R

4 3 A d R ia ad rc A

C restview Ln Commercial

Subject Property

Residential

Legend Subject Property

Date: 9/14/2016 Parcel data should not be considered survey quality. 0 0.025 0.05 0.1 Miles Park County will not be held liable for misuse or O misinterpretation of this data. © Park County GIS 2014

Document Path: S:\Planning\MJ Apps\Happy Camper Cannabis Co\Maps\44487_zoning.mxd Attachment 2: Vicinity Map

Bu C ll D R og ge 4 CR r R 3 43A d ir C

t 85 s 2 e Y r A c W e GH R in I r H o P s D a l t i i e R m d m Dr u ood S w Del Subject Property C ro w G u l

C d R R dom n 7 Ra 2 d r R Overlook Dr D e D le J t ee irc aco ta r C b D S T r ld Q H rl O ua o d m ki e R e s W te s a i ay d u R M d

o a A b L Dr s ackbird l Bl d e p a G o L e

R n te n a a i t l L S L ld n O n on Rd B Pin a i B l B t e

e y u n C e L a Tre r -yum D l m v Yu w a

d r e o n r r B R d r lu eb T ird a D y D r r Ye p e w l Ln l r l S a V

Jesse Ln w o r Conifer Dr S C w w

i ie f t v P k C r i

Y t a n ellow P e Pine Dr B H lu o e l b l i o rd w M o Ln u R n t Bu d B ddy Rd ail r d ey e D R D in b l r l um i ol y C H l

V Cedar D r w

o g r n R i C r i d r p g e e S w R

o d Q L u

n i L n

e

e

V l r i r d gi G

n d ia u R a l d c

S h

R Ma d CR 64 in St

C R

Legend 6 8 Subject Property

Date: 9/15/2016 Parcel data should not be considered survey quality. 0 0.2 0.4 0.8 Miles Park County will not be held liable for misuse or O misinterpretation of this data. © Park County GIS 2014

Document Path: S:\Planning\MJ Apps\Happy Camper Cannabis Co\Maps\44487_vicinity.mxd Attachment 3: Resolutions

ComponentOne C1Pdf (Evaluation Version) ComponentOne C1Pdf (Evaluation Version) ComponentOne C1Pdf (Evaluation Version) ComponentOne C1Pdf (Evaluation Version) IVPIT /ON IS To· f?.AGe·, •. .,, 1:/.IIAC ·. Al+J NIJ- · p g.{l.'N 1 J) IZ.; ...... 1,,. r.;,tA-r,oN.- · ·. JPA. · Attachment 4: Industrial Hygienist Certification . · · . . . � . ., . , . · '' . . · .... JeffPo:t4a:sf&: Asso.c./. Ii,.c. Certifiedi 114µst�ialllyg�e11ist . · 13595 W, E.,jpositfo�Dr. . · (qI ·. Lake�ood. CO 80228 H) . . . · 303.i78. .4f{OO. ,p];loQe ·· ·. ..303�9i�t'1s9s '··•· : . · ."· : ··' . n1obhe. :. .. . ;' · " . · :3oii1:s.44f9i��· · · . [email protected]'oiit . : www�feffp6th��t.com .•' . · Powered.by �olar h�atjng/cool.ihgelect:dcity & . ·. . ·. � . • .\. · . . . . : February 11,2016 ...... · Oan Spragµe . .· · · · · ·. . · · The I;I{ippyCamper CattirabrsCompa11y ...... 80 RosaJie Rdt •. . ··.:Bailey; CQ 8.0421

. . . . . :· . .··: . : . '. : . . _· , . · . . . . ·_ : ... . ' . . . . · :_ -. · · · .· Re: Indgstri�l llygieri�. Qertifi�ado� for l'tieHappy. Camp�r,Ca�nabis. . .Compa;riy, . . · . 80 Ro.salie�d., Bailey,CO 804Zl Can.nabi$E#tactio.� $rstem. · ... _ · . . : .

. . .

ti.ear Spragu.e:. . Mr. , · . . . ·. This letter• r�presenis my swmnaiyreview and in,dmitrfall1ygie1'e related p(;)rtifi.�aHcmof . a · · , Ca:nnabfoFlanunableSolvent E:x.tractidn Sys..te:µ1and $Jiecif.ic.ailytwo.q) Emo '.fek• ... · Systems fofThe Happy Cariipe:rCartrtabis Comparty whicli ·ispp�:rationaiwithin your . · . 1ocation,at 80 RqsaiieRdi; Bailey, C6;so42L. As oft:lJ.is4at� theJ�b9ratory. withiii'.th� . . . facilityhas beerico111pleted: · . . Certificatiqnhing�s upqn compliance with the lp.duS1:ria1Hygiene �pe¢ifiq con9erns . . relt,vantto thepepap:nientof;Revenue, MapJri�a Erifofoerneit D}visio� fqi:·al{et�iL .• . . . Mariju�aPrciµucts ·ManufactUFing11adlity, Aiso qci:mp1iancewith.the hichistr�al l;Iy gietie. Evahmtforiof aFJaintn�hleG:as/Solvent Botffiitcal Extractf onSystem ·. whi�h.. was. .... •.. . .addressed. : to you on,:Octobei' 1$,2015'is �ttach�d.. . . . · ...... ·.. . • · · . • .;l''. of>..RQOf/No,,, ·� . Smcerely;· · ·· . . · . ..· �.;:...'9 . • , •.. ,,, , , vlS'h "'• ·.\ · . · .···. · •"·!:.1�·,.:'·°doRP5'.R1f•,.. �·.ir.� .· .• . . · . . �-"/J. . ·. �·.• . ,�-· ' ·,. �() .. ,-. .• · ·��· •·�. . ��>n. ·-·...:.. . •§�/:· ., .

7 7

Attachment 5: Public Comments

From: krismas ellis To: Jill Falchi Cc: Dick Hodges; Mike Brazell; Mark Dowaliby; Tom Eisenman Subject: License renewal for the Happy Camper- Signage violations Date: Wednesday, September 28, 2016 8:02:11 PM

I cannot attend tomorrow's hearing and understand there is no public comment on renewals. I just want to ask why a company that is in clear violation of the conditions of their licensing would qualify for renewal? Page 2 of the staff report lists the conditions of the license and the two blue signs on the side of 285 north and south bound clearly violate condition #2 regarding signage. The owner obviously has no regard for this condition of his license and the violation is out in plain sight. Those signs have been up for months with no enforcement from Park County. Why are you listing conditions for licensings and not enforcing them? It is hard to believe the violations stop there. Please take the time to think about and investigate the allegations in the letter attached to the staff report before making your decision on this renewal. Please enforce the conditions you place in resolutions so that they actually mean something. Thank you, Kris Ellis -- Just when the caterpillar Thought the world was over, She became a butterfly~ Krisellis

From: Taylor Rosean To: Sheila Cross; Jill Falchi Subject: For the Review of the Park County Commissioners - Concerning The Happy Camper Renewal Date: Tuesday, October 18, 2016 4:37:22 PM

Commissioners of Park County;

I am a former employee of CCC inc, better known as The Happy Camper, and of Dan Sprague. This statement is written completely of my own free will and with no other intention other then clearing the air. It has recently come to my attention that many false statements were made recently about The Happy Camper, the facility, it's owner, and the goings on there.

The facility is top of the line and ran at the highest level of compliance. During my time we passed many inspections with flying colors the first time. Inspectors and visiting industry representatives complimented the cleanliness, detailed compliance of the law, and well cared for equipment. I worked at CCC during all seasons and never experience any extraordinary issues with the building, equipment or property, it is all incredibly well taken care of.

My experience at The Happy Camper was nothing but positive, enriching, fruitful and enjoyable. Dan took a chance on me when I was at a very low and dark point in my life, I was between jobs and down trodden. He took me in at a very reasonable pay and for my 6 months there, him and his staff were very pleasant to me and compliant of the law.

During my employment the company invested in my training and development, paying for me to acquire a higher level of operational license and an advanced compliance class. Which resulted in a substantial raise and promotion. The company brought the entire staff to a music festival it sponsored, with free camping, drinks and food, and even paid us. Also it's worth mentioning that the staff has free access to pantry sized stash of food that Dan replenishes all the time. The company has given paid sick days to employees with families, paid for employees gas in hard times, and taken the staff out bowling, eating (locally), for drinks (locally), and many more activities.

I truly believe that not only does The Happy Camper have a positive influence on their staff and their families, but the surrounding area. While I worked with CCC I had the pleasure of working the sales floor and speaking with a wide variety of customers. And a large portion of the tourist traffic say they alter their route to include Bailey so they can stop at The Happy Camper (one of the highest rated dispensaries in the county) and often they head into town for a meal before or after. The local patrons appreciate the fair price and excellent service. Many locals come in for ointment, lotions, edibles or patches which they use for a wide variety of medical purposes such as: treat bodily pain, easing terminal disease symptoms, and managing mental health conditions; to name a few.

The Happy Camper staff may largely live all around the surrounding area but they are loyal patrons of all the surrounding businesses. Many businesses even offer a "Happy Camper Discount" and I felt proud to say I work there when out and about in town. I think it's worth mentioning the The Happy Camper recently contributed a pretty high value basket to the Aspen Peak Cellars benefit and has actively participated in the community.

While overall the company is very much so filled with good eggs, there are unfortunately a few bad ones. And in the time I spent there, I witnessed a few of those, like you would at any other work place. The unfortunate matter concerning the bad eggs that passed through The Happy Camper is that many of them would gain financially if CCC dissolves. This is almost completely due to ongoing legal cases in which these "bad eggs" are the defendant. And those that aren't legally tied up with Dan are potential future competitors who have interest in getting a piece of the large pie The Happy Camper has accrued.

The real reason I wrote this letter, is I would like to Park County Commissioning body to not loose sight of the economic and qualitative value The Hamper Camper has the to area. Also I would like those that have read the previously published remarks, to consider the factors that influence and inspired the individual to speak out. Furthermore I would like the reader to consider how little of the day to day goings on the author of the previous statement experienced.

In conclusion, as a previous employee I can confirm Daniel Sprague is an outstanding individual of great character, The Happy Camper is ran in a safe and legally compliant manner and that any other published opinion pieces about The Happy Camper should be read with a grain of salt. Sincerely,

Taylor Rosean 720 630 9655 [email protected]

PS. For full disclosure I resigned from The Happy Camper on my own accord to pursue a fantastic opportunity I would not be qualified for if it wasn't for the investments Dan put into me professionally.

PPS. Also for full disclosure The Happy Camper is a current customer of my new place of employment.

PPPS. It is my full intent that this letter is published in it's entirety as widely as any other statement concerning this case.

From: Gina Lappe To: Sheila Cross Cc: Jill Falchi Subject: FW: Online Form Submittal: Contact Administration Department Date: Thursday, October 20, 2016 10:50:22 AM

Have not given to Commissioners yet

Gina Lappe BOCC Administrative Assistant PARK COUNTY GOVERNMENT P. O. Box 1373 501 Main Street Fairplay, CO 80440 719-836-4201 719-836-3273 fax

Business hours are Monday-Thursday, 7:00am – 6:00 pm Closed Fridays

From: [email protected] [mailto:[email protected]] Sent: Thursday, October 20, 2016 10:45 AM To: Park County Administration Subject: Online Form Submittal: Contact Administration Department

Contact Administration Department

If you have a question or concern you would like us to address, please submit this form. We will try to address your request in a timely manner.

(Section Break)

Personal Information

First Name Jaydon Last Name Williams

Phone Number Field not completed.

Email Address [email protected]

(Section Break)

Questions & Concerns

What is your question or Dear Commissioners of Park County, My name is Jaydon concern? Williams and I am the Lab Manager for CCC, INC., also known as The Happy Camper Cannabis Company, which is owned by Dan Sprague. I have worked at CCC, INC. for 4 ½ months now, and I need to tell you how thankful I am to be employed by Mr. Sprague and his company. From the moment I started with them I have been treated fairly, justly, and I don’t think I have worked for an organization that I have felt more respected and valued. This is the third company I have worked for in the legal marijuana industry here in Colorado. At both my previous jobs, I was asked to perform multiple tasks that would be considered gray areas within the guidelines of the law (many I refused to perform, hence my not being employed there anymore), many of them designed to give their company some kind of unfair advantage against their customers and other competitors. Never once have I been asked to perform any task that was remotely gray here at The Happy Camper, and beyond that, Mr. Sprague and the management are actively working on being as transparent and compliant as possible. They are working to set the bar within our industry for ethics and moral values within a business and to lead by example. These are the types of qualities I have been looking for in an employer, within and without the cannabis industry, for many years. Mr. Sprague is one of the most generous bosses I have ever worked for. I have seen on multiple occasions his desire to make his employees feel comfortable, respected and feel taken care of. From the huge snack cart that is always stocked for free, to the supplying of lunch at least once a week, to paid lunches, to helping an employee when life gets to be too much for them. He has a very genuine and caring approach to running his business, and quite frankly, it is refreshing. To feel valued and appreciated and safe is one of the biggest rewards an employer can impart to their employees. I enjoy working at The Happy Camper so much, that when the opportunity for my wife to join the industry and work at CCC, INC. became available, I asked her to jump on it. I would have never asked her to join either of the previous jobs in the cannabis industry that I worked for. But being that I value my employment with CCC, INC. so much, we have decided to put our entire family job security squarely on the back of The Happy Camper. My wife, Liz, has been the Packaging Manager for CCC, INC. for about 2 months now. I would not take this kind of chance if I truly didn’t believe in Mr. Sprague and the company that he/we are building. In addition, being that both my wife and I have good, stable jobs that we both enjoy, we have decide to move closer to The Happy Camper. We currently commute from Lakewood up to Bailey, but we are presently under contract to buy a house in Burland Ranch in Bailey, CO. Without the opportunities provided by The Happy Camper and Mr. Sprague, we would never have been able to have the opportunity to move to such a wonderful community like Bailey and own a house. In summary, The Happy Camper Cannabis Company and Mr. Sprague have provided my family with work, comfort and a quality of life that far exceeds what I thought would be possible within the time I have been employed by him. Having worked there only 4 ½ months and my wife only being employed for 2 months, we would never make these kind of commitments to Mr. Sprague or The Happy Camper if it wasn’t a great place to work, or if we didn’t feel like we are employed by a kind, generous, honest and caring owner. Please consider the type of business owners you would like in our community, and do the right thing by supporting the positive, caring ones and by putting the spiteful, hateful, and dishonest ones in their place. Thank you for your time, Jaydon Williams

Upload Document Here: Field not completed.

Email not displaying correctly? View it in your browser.

From: dollie sprague To: Sheila Cross; Jill Falchi Subject: Dan Sprague/The Happy Camper Reference Letter Date: Thursday, October 20, 2016 12:04:50 PM

Dear Park County Commissioners:

I am writing this email in response to the slanderous letter regarding Dan Sprague and The Happy Camper, written by Mr. Sandoval

Dan Sprague is an intelligent, hard working professional business owner. He cares about his co-workers and community. Dan is a perfectionist and takes pride in his work.

On a personal note, I have known Dan Sprague for over twenty years. Dan is a thoughtful and successful business owner, provider and caring father, not the person at all described in the letter from Mr. Sandoval.

Please feel free to contact me if you have any further questions.

Sincerely, Dollie Sprague [email protected] 303-895-4077

Sent from iCloud