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<br />dated June 5, 1998, which evidences that the applicant is covered by commercial general liability
<br />insurance in the aggregate amount of $1 0 million through Reliance Insurance Company (authorized to
<br />conduct the business of insurance in the State of Colorado), [C,R.S, g36-20-112(l)(c)].
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<br />5, The proposed operation plan for the project submitted by the applicant meets the requirements of C,R.S,
<br />g36-20-112(l)(d),
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<br />6, Legal notice of intent to modifY weather was published in a timely manner in the official newspapers of
<br />Weld County and Morgan County, and in the official newspapers of the adjacent counties of Logan,
<br />Boulder, Larimer, Washington and Adams, [CRS, g36-20-112(l)(e)].
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<br />7, A public hearing on the application was held beginning at 1:30 p,m, on August 5,1998, and ending at
<br />p,m, in the United Power Building in Fort Lupton, Colorado, The hearing was conducted
<br />within 20 miles of the target areas and not more than one week following the completion of publication,
<br />The hearing as attended by approximately _ persons, [C,R.S, 36-20-112(2)].
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<br />8: A public hearmg on The application was held beginning at 1:00 p,m, on August 6, 1998, and ending at
<br />p,m in the Morgan County Commissioners Meeting Room. The hearing was conducted within
<br />20 miles of the target areas and not more than one week following the completion of publication, The
<br />hearing as attended by approximately _persons, [C,R.S, 36-20-112(2)].
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<br />9, Because hail cannons are intended to inhibit the fonnation of hail and/or to modifY the physical condition
<br />of hail as it is falling, they are subject to the permitting requirements under the state's Weather
<br />Modification Act.
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<br />10, The proposed project is ground-based in that it uses equipment located on the ground to generate sound
<br />waves, However, the proposed project does not fall under the definition of a "ground based winter cloud
<br />seeding' project since it will not use silver iodide or any other cloud seeding agent.
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<br />II, The proposed project is a commercial project and not a scientific or research project.
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<br />12, Matthew B. Cook, Executive Vice-President of Colorado Greenhouse, !nc" and several others testified
<br />there is a substantial risk of hail in the target areas which can result in devastating economic losses to the
<br />Applicant's tomato crop (valued at approx. $250;ooo/ac,), as well as the improvements and infrastructure
<br />installed by the Applicant (valued at approx. $250,000/ac,), A significant benefit to the Applicant would
<br />be provided if, by controlling the fonnation or physical condition of bail, the loss of its tomato crop and
<br />improvementsfmfrastructure could be reduced or alleviated, This benefit would also extend to the people
<br />who deal in the harvesting and marketing of the protected crops,
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<br />13. Testimony at the hearing showed the State of Colorado and its citizens would benefit from the project
<br />because (1) it would protect the state's reputation as a reliable producer of greenhouse tomatoes, and (2)
<br />it would serve to better ensure full employment of the persons employed by Applicant in the production,
<br />harvest, shipping and marketing of Applicant's crop, Applicant estimates that it employs 235 persons
<br />at its Fort Lupton Facility and 100 persons at its Brosh facility,
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<br />14, Michael Eggers testified that hail cannons of the type proposed in this application have been successfully
<br />used in the United States and New Zealand to control hail damages to crops and orchards inside a circle
<br />with a 440 yard radius of the hail cannon, Robert Villano of Villano Bros, Farms, !nc, of Fort Lupton,
<br />Colorado testified that a hail cannons of the type proposed in this application is currently being
<br />successfully used by Villano Bros, Farms, !nc, No testimony was offered at the hearing to contradict the
<br />testimony that the project using hail cannons is teclmically and scientifically feasible,
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<br />IS, Michael Eggers testified that hail cannons of the type proposed in this application have been successfully
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