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HomeMy WebLinkAbout20122574.tiff .4)„,iner MEMORANDUM TO: Kim Ogle, Planning Services DATE: June 13, 2012 y FROM: Donald Carroll, Engineering Administrator O�.N21- Public Works Department SUBJECT: USR12-0031, Northeast Grains, LLC and Forrest & Judy Tappy The Weld County Public Works Department reviewed the submitted application for critical items, including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. Comments made during this stage of the review process will not be all inclusive; as revised materials are submitted, other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Weld County Functional Classification Map: (Revised Feb. 9, 2011 —Amended 10/2011) Marble Ave is a local gravel road and requires a 100-foot right-of-way at full build out. There is presently a 100-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Granite Ave. is a local gravel road and requires a 80-foot right-of-way at full build out. There is presently a 80- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Slate St. is a local gravel road and requires a 80-foot right-of-way at full build out. There is presently a 80-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Platted Alleys has 30-foot right-of-way. Platted Alley Setbacks: As the Planning Department is aware, the setback from the new scale house reflects ten feet from the platted south alley right-of-way. The survey plat provided in the application is identifying that the applicant is proposing to purchase the adjacent lots on the north side of the alley and utilize them in the proposed USR. Public Works Department would like to recommend a couple of options that might be available for the applicant to resolve any setback issues. 1. The first option would be a BOA (Board of Adjustment) hearing for setbacks. 2. A Re-Plat incorporating in the additional blocks into one parcel, eliminating the alleyway in both directions, ending up with one parcel. These are two ideas. Coordinate with our Right-of-Way Department (Leon Sievers or staff), if you decide to Re-Plat these parcels. REQUIREMENTS: Access: C:\Users\kford\AppData\Local\Temp\Low\Temporary Internet Files\Content.lE5\57O9FCBT\USR12-0031[1].docx AO/a- ds74/ The applicant has supplied an Access Permit Application identifying two existing accesses; one off of Marble Ave, the other off of Granite Ave. Show the approved access on the plat and label it with the approved access permit number(AP#). Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. A water quality capture feature (WQCF) is required on site. The area can be in an existing onsite low point that will capture the storm water and hold contaminants. Contact the Public works Department for sizing of your feature. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). CAUserstkforclAppData\LocaltTemp\lowtTemPorary Internet Files\Content.lE5\57O9F0BT\USR12-0031[1].docx '861 MEMORANDUM t Lr r ' TO: Kim Ogle, Planning Services G 0 N ? FROM: Lauren Light, Environmental Health 4 SUBJECT: USR12-0031 Northeast Grains, LLC DATE: 9/21/2012 Environmental Health Services has reviewed this proposal for commercial grain storage and wholesale and retail sales. The application indicates there will be initially 2 full time employees but may expand to 4 employees based upon the size of the septic system. The Stoneham community well provides water to the property for non-potable uses. The applicants are proposing bottled water and hand sanitizer until the community well is either registered by the State or the applicants drill a new well on their property. There is an engineer designed commercial septic system (SP-1200078) that was approved by the Board of Health on May 22, 2012. The system is for a commercial office and was sized for 4 people. As the septic system was not sized for customer use, if the number of customers does not exceed 10 per day a portable toilet is acceptable according to Environmental Health Policy 2.2.K. The waste handling plan indicates Marricks Waste and Disposal will provide trash pickup. The dust abatement plan states a water truck will be utilized if necessary. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirement be incorporated into the permit as a condition that must be met prior to the issuance of the Certificate of Occupancy for the office: 1. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and Bottled water are allowed in accordance with Environmental Health Policy 2.2.K., as attached. 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the numbers stipulated in Environmental Health Policy 2.2.K are exceeded. 10.In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). 2 11.This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 12.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 Environmental Health Policy 2.2.K Use of portable toilets and bottled water (revised 5/8/12) Purpose: To define when portable toilets and commercially bottled water are allowed. Policy: Bottled water from a commercial source is allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day and/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. employees or contractors that are on site for less than 2 consecutive hours a day Policy: Portable toilets are allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day and/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. employees or contractors that are on site for less than 2 consecutive hours a day Note: Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 4 (14 181 Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 U N (970) 353-6100 � O f' Weld County Referral Date: July 5, 2012 Applicant: Northeast Grains, LLC and Project: :A Site Specific Development Plan and Amended Use by Special Review Permit(USR-632)for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including grain and/or feed elevators, grain feed sales, commercial grain storage and drying; seed production, processing, storage and drying, seed production processing, storage, mixing, blending and sales and retail and wholesale of products and similar good associated with the agri-business and agricultural uses in the A(Agricultural)Zone District. Case Number: osR12-0031 Parcel Number: 072705000008, 072705017002, & 072705017001 After reviewing the application and documents submitted the Building Department has the following comments: A building permit will be required for any new construction or renovation of buildings associated with grain and/or feed elevators, grain feed sales, commercial grain storage and drying; seed production, processing, storage and drying, seed production processing, permit application must be completed and two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required.The structures proposed to have changes uses will require commercial building permit for change of use.A code analysis,floor plan and complete set of plans for any alteration and a structural analysis by a professional engineer will be required. An exhaust system shall be provided, maintained and operated as specifically required by this section and for all occupied areas where machines equipment and processes in such areas produce or throw off dust or particles sufficiently light to float in the air,an engineers analysis shall be provide in areas that produce dust. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) All building requirements can be found on the Weld County web-site www.co.weld.co.us/nlanninq department/building inspection/permits Frank Piacentino Plans Examiner Department of Building Inspection Page 1 of 1 From:❑OD❑❑❑❑❑❑D❑D❑❑❑❑❑09ELEU❑❑0000 Hice-Idler, Gloria [Gloria.Hice- Idler@DOT.STATE.CO.US] Sent:❑❑ODELLEDDDUDDDD❑❑ODDDDD❑❑DODO Monday, June 04, 2012 2:34 PM To:000UUUDO0000DDDO0000DDUDODUDD❑0000 Kim Ogle Subject:DDO❑00000❑❑❑0000❑❑❑❑DODO❑ FW: USR12-0031/Northeast Grains Kim, I spoke to Brad Lebsock from Northeast Grains and based upon that discussion,CDOT has no comment regarding this proposal. Gloria Hice-Idler Region 4 Permit Manager 1420 2"d Street Greeley, CO 80631 (970) 350-2148 From: Hice-Idler, Gloria Sent: Thursday, May 31, 2012 3:12 PM To: 'kogle@co.weld.co.us' Subject: USR12-0031/Northeast Grains Kim, II lye reviewed the above proposal. The applicant stated that this is an existing facility being updated, but they also mention a possible retail business in the future. CDOT has no objection to the renovations, but if the applicant should pursue the retail use,CDOT would want to re-evaluate the Marble Avenue access to SH 14. If you should have any questions, please give me a call. Gloria Hice-Idler Region 4 Permit Manager 1420 2"d Street Greeley,CO 80631 (970) 350-2148 http://10.100.10.183/DocumentService//index.cfm?Action=StartDownloadAction&Session... 9/21/2012 Kim Ogle From: Mark Thomas Sent: Thursday, July 12, 2012 8:57 AM To: Kim Ogle; Lauren Light Cc: Trevor Jiricek; Cherylyn Darnell; Camrud, Douglas J. Subject: STONEHAM WATER SUPPLY-Proposed Grain Elevator Attachments: CO0262206Stoneham.pdf All, concerning the Town of Stoneham it has been classified as a state community water system. Therefore, the proposed grain elevator with the town by Brad Lebsack would be allowed to hook into the community water supply. Although, the current quasi-municipality has a lot to work to out now to comply with the Drinking Water regulations of the state, those issues are not Mr. Lebsack's, they are the well owners responsibility to classify and augment the well correctly with the Division of Water Resources. In addition, to complying with the time lines in which CDPHE chooses to enforce compliance of state regulations of the community water system. Therefore, concerning the planning approval of the grain elevator business I would recommend allowing Mr. Lebsack to hook into the community water system with the stipulation that the community water system (Stoneham) meets the design criteria set forth by the state within 2 years. If that stipulation is not met, then a corrective action guideline would be to have Mr. Lebsack disinfect his water locally within his business only or acquire his own treated well water source. The attached report entails water testing results back to 2002 with only one positive Total Coliform during that period and no MCL violations concerning Nitrates. As such, the risk would be minimal towards the patrons or employees of the grain elevator. Remember there already 15+taps within this community already receiving untreated water with no ill effects being reported. Mark Mark Thomas Chemist Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Colorado 80631 Email: mthomas@co.weld.co.us Office#: 970-304-6415 Fax#: 970-304-6427 irce: Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Camrud, Douglas J. [mailto:Douglas.Camrud@dphe.state.co.us] Sent: Tuesday, July 03, 2012 1:44 PM To: Mark Thomas Subject: RE: STONEHAM WATER SUPPLY Mark, 1 Your review below summed up the issue well. It is Mr. Gillespie's responsibility to get the well properly permitted for its uses. The design approval for this system would have a condition that the well be properly permitted, and we would copy the State Engineers office. Thanks Doug Camrud Senior Review Engineer Water Quality Control Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-32711 doUElas,camrud@state.co_us 24-hour Environmental Release/Incident Reporting Line: 1-877-518-5608 From: Mark Thomas [mailto:mthomas@co.weld.co.us] Sent: Monday, July 02, 2012 3:20 PM To: Lauren Light Cc: Camrud, Douglas J. Subject: FW: STONEHAM WATER SUPPLY Lauren, as you can see below I sent this off this morning for clarification but yet have a response, (Doug just may be out in the field for the day or out for the holiday) thinking it over the well source is a public water system so the grain elevator ought to be able to use the water as now the public water system must follow state regs being classified as a drinking water system. The water use issue as permitted is with the well owner, Mr. Gillespie, not users which have entered into a agreement with Mr. Gillespie for to provide them water. It is up to Mr. Gillespie to fill out the paper work to reclassify his well use appropriately. That's my take...hope it helps Mark Mark Thomas Chemist Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley,Colorado 80631 Email: mthomas@co.weld.co.us Office It:970-304-6415 Fax#:970-304-6427 one. L..7. rip Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 From: Mark Thomas Sent: Monday, July 02, 2012 8:52 AM To: 'Camrud, Douglas J.'; Catherine Heald Subject: FW: STONEHAM WATER SUPPLY Doug or Cathy, now that Stoneham has been classified as a state water system what do you make of the attached letter stating the following; The application materials suggest that the Gillespie well supplies w in Stoneham. The use of the Gillespie well as a water supply, even for lim cannot be allowed according to the State Engineer policy concerning exen April 9, 1985 (copy enclosed). In order to serve multiple residences and ci well should be permitted under the non-exempt statute, which may require augmentation plan to replace stream depletions. At the end of the day, can the grain elevator now use the well or not since it is a public water system? Thanks Mark Mark Thomas Chemist Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Colorado 80631 Email: mthomas@co.weld.co.us Office if:970-304-6415 Fax it:970-304-6427 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lauren Light Sent: Monday, July 02, 2012 8:19 AM To: Mark Thomas Subject: FW: STONEHAM WATER SUPPLY Is this letter from the state engineer correct? This says that the grain guys cant use the water supply for stoneham, can they use it? I have a hearing tomorrow and I know this will come up. Thanks for your help. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 3 1555 N. 17th Ave. Greeley, CO 80631 Ilight@co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) n,O LM, /; 'ji Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Sunday, July 01, 2012 4:04 PM To: Lauren Light Subject: STONEHAM WATER SUPPLY 4 Comprehensive Water System Report CO0262206 -STONEHAM,TOWN OF A NC GW P WELD 1/1 to 12/31 R 14 66 1/1 to 12/31 NT 2 1/1 to 12/31 T 50 AC GILLESPIE,DAVE 41783 MARBLE AVE STONEHAM CO 80754 303-235-8230 OW GILLESPIE,DAVE 41783 MARBLE AVE STONEHAM CO 80754 303-235-8230 001 WELL NO 1 WL A 6/1/1974 P GW 1/1 to 12/31 002 CHLORINATION FOR WELL TP A 6/1/1974 P GW 1/1 to 12/31 DS001 DISTRIBUTION SYSTEM DS A 6/1/1974 P GW 1/1 to 12/31 001 WL WELL NO 1 001 RW A 1/1/2002 002 TP CHLORINATION FOR WELL 002 EP A 1/1/2002 DS001 DS DISTRIBUTION SYSTEM RPDN DS REPEAT DOWNSTREAM A 6/1/1974 D5001 DS DISTRIBUTION SYSTEM RPOR DS REPEAT ORIGINAL A 6/1/1974 DS001 DS DISTRIBUTION SYSTEM RPOT DS REPEAT OTHER A 6/1/1974 DS001 DS DISTRIBUTION SYSTEM RPUP DS REPEAT UPSTREAM A 6/1/1974 DS001 DS DISTRIBUTION SYSTEM RTOR DS ROUTINE ORIGINAL A 6/1/1974 6/29/2012 7:46:26 AM Page 1 of 14 1• 0 N 0 CO CO a CO • a N fG • 4?. N N O N m N CO 002-CHLORINATION FOR WELL TP -A 421 HYPOCHLORINATION,POST D DISINFECTION DI DISINFECTION A 001 WL WELL NO 1 A 002 TP CHLORINATION FOR WELL A 002 TP CHLORINATION FOR WELL A DS001 DS DISTRIBUTION SYSTEM 1 DESIREE G JONES PS 9/14/2011 F 10/6/2011 This is not a proposed system. Possible other users are on this well. 10/6/11 dgj;El<waiting for a response from Dave Gallespi (direction of lady in the post office)9/14/11 dgj;Update pop pkt sent 8/6/11 dgj Activity Name Category Due Date Projected Achieved Reported Comment FOLLOW UP 3/31/2012 This is not a proposed system.Possible other users are on this well. 10/6/11 dgj;El<wailing for a response from Dave Gallespi (direction of lady in the post office)9/14/11 dgj;Update pop pkt sent 8/8/11 dgj 409 2005 03-MONITORING,ROUTINE MAJOR 002 1/1/2004-12/31/2004 2/11/2005 CNO3-NITRATE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 2/21/2005 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 2/21/2005 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 3/24/2005 Enf.Action Type- SOX 6/29/2012 7:46:26 AM Page 3 of 14 0 co • • co id r N 3184 2008 03-MONITORING,ROUTINE MAJOR 002 1/1/2007.12/31/2007 2/8/2008 CNO2-NITRITE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 2/8/2008 Enf.Action Type• SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 2/8/2008 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 7/8/2009 Enf.Action Type- SOX 4540 2009 03-MONITORING,ROUTINE MAJOR 002 1/1/2008-12/31/2008 1/29/2009 CNO2-NITRITE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 1/29/2009 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 1/29/2009 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date• 7/8/2009 Enf.Action Type- SOX 209 2009 23-MONITORING(TCR),ROUTINE MAJOR 10/1/2008-10/31/2008 12/5/2008 3100-COLIFORM(TCR) Enforcement Action• ST PUBLIC NOTIF REQUESTED Status Date- 12/5/2008 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 12/5/2008 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 4/30/2009 Enf.Action Type- SOX 211 2009 MS-STATE MONITORING DS001 4/1/2009-6/30/2009 8/14/2009 0999-CHLORINE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 8/14/2009 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 8/14/2009 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 10/2/2009 Enf.Action Type- SOX 212 2010 MS-STATE MONITORING DS001 1/1/2010-3/31/2010 5/10/2010 0999-CHLORINE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 5/10/2010 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 5/10/2010 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 8/21/2010 Enf.Action Type- SOX 6/29/2012 7:46:26 AM Page 5 of 14 0 0 co to tC Q IA 5355 2011 03-MONITORING,ROUTINE MAJOR 002 1/1/2010-12/31/2010 2/10/2011 CNO3-NITRATE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 2/10/2011 Enf.Action Type- SIE Enforcement Action• ST VIOLATION/REMINDER NOTICE Status Date- 2/10/2011 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 4/5/2011 Enf.Action Type- SOX 213 2011 MS-STATE MONITORING 10/1/2010-12/31/2010 2/3/2011 0999-CHLORINE Enforcement Action• ST PUBLIC NOTIF REQUESTED Status Date- 2/3/2011 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 2/312011 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 4/1/2012 Enf.Action Type- SOX 215 2012 MS-STATE MONITORING 7/1/2011 -9/30/2011 11/16/2011 0999-CHLORINE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 11/16/2011 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 11/16/2011 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 4/1/2012 Enf.Action Type- SOX 216 2012 MS-STATE MONITORING 10/1/2011 -12/31/2011 2/15/2012 0999-CHLORINE Enforcement Action- ST PUBLIC NOTIF REQUESTED Status Date- 2/15/2012 Enf.Action Type- SIE Enforcement Action- ST VIOLATION/REMINDER NOTICE Status Date- 2/15/2012 Enf.Action Type- SIA Enforcement Action- ST COMPLIANCE ACHIEVED Status Date- 4/1/2012 Enf.Action Type- SOX 1/4/2012 ENS120101-282 RTOR RT 1O2012 0.380 3100-COLIFORM(TCR) A 10/10/2011 ENS111010-003 RTOR RT 4O2011 3100-COLIFORM(TCR) A 7/18/2011 ENS110701-273 RTOR RT 3O2011 0.000 3100-COLIFORM(TCR) A 6/29/2012 7:46:26 AM Page 7 of 14 0 Co a CO CO 0 r N m N 0 4/6/2011 ENS110401-274 RTOR RT 202011 0.050 3100-COLIFORM(TCR) A 3/15/2011 ENS110101-253 RTOR RT 102011 0.340 3100-COLIFORM(TCR) A 10/14/2010 ENS101001-254 RTOR RT 402010 3100-COLIFORM(TCR) A 7/1912010 ENS100701-252 RTOR RT 302010 0.280 3100-COLIFORM(TCR) A 4/6/2010 ENS100401-246 RTOR RT 202010 0.001 3100-COLIFORM(TCR) A 3/31/2010 ENS100101-239 RTOR RT 102010 3100-COLIFORM(TCR) A 11/18/2009 ENS091001-249 RTOR RT 402009 3100-COLIFORM(TCR) A 8/20/2009 ENS090820-005 RTOR RT 302009 0.240 3100-COLIFORM(TCR) A 5/5/2009 ENS090506-035 RTOR RT 2O2009 3100-COLIFORM(TCR) A 3/27/2009 EN3090227-002 RTOR RT 102009 3100-COLIFORM(TCR) A 1/15/2009 ENS090107-008 RTOR RT 102009 3100-COLIFORM(TCR) A 9/10/2008 ENS0B0909-020 RPOT RP 3O2008 0.020 3100-COLIFORM(TCR) A 9/10/2008 ENS080909-021 RPOT RP 3O2008 0.020 3100-COLIFORM(TCR) A 9/10/2008 ENS080909-022 RPOT RP 302008 0.020 3100-COLIFORM(TCR) A 9/10/2008 ENS080909-023 RPOT RP 302008 0.020 3100-COLIFORM(TCR) A 9/8/2008 ENS080908-017 RTOR RT 3O2008 0.030 3014-E.COLT A 3100-COLIFORM(TCR) P 4/2/2008 809500001 RTOR RT 2O2008 0.110 3100-COLIFORM(TCR) A 1/16/2008 0809211-002 RTOR RT 102008 0.350 3100-COLIFORM(TCR) A 1/16/2008 809211001 RTOR RT 102008 0.350 3100-COLIFORM(TCR) A 10/15/2007 0708856-001 RTOR RT 402007 3100-COLIFORM(TCR) A 10/15/2007 708856001 RTOR RT 4O2007 3100-COLIFORM(TCR) A 9/19/2007 0708884-001 RTOR RT 302007 3100-COLIFORM(TCR) A 4/17/2007 707965001 RTOR RT 202007 0.890 3100-COLIFORM(TCR) A 3/23/2007 707863001 RTOR RT 102007 0.250 3100-COLIFORM(TCR) A 10/11/2006 607219001 RTOR RT 4O2006 0.340 3100-COLIFORM(TCR) A 8/23/2006 606974001 RTOR RT 302006 0.030 3100-COLIFORM(TCR) A 4/6/2006 606201001 RTOR RT 202006 3100-COLIFORM(TCR) A 6/29/2012 7:46:26 AM Page 9 of 14 0 co co a co co 3/15/2008 0606111-001 RTOR RT 1O2006 0.190 3100-COLIFORM(TCR) A 3/15/2006 608111001 RTOR RT 1O2006 0.190 3100-COLIFORM(TCR) A 3/6/2006 00606048-001 RTOR RT 1O2006 0.100 3100-COLIFORM(TCR) A 10/13/2005 505462001 RTOR RT 4O2005 3100-COLIFORM(TCR) A 8/11/2005 505143001 RTOR RT 3O2005 0.620 3100-COLIFORM(TCR) A 4/7/2005 504530001 RTOR RT 2O2005 1.980 3100-COLIFORM(TCR) A 1/6/2005 504144001 RTOR RT 1O2005 0.360 3100-COLIFORM(TCR) A 10/7/2004 403783001 RTOR RT 4O2004 0.840 3100-COLIFORM(TCR) A 8/11/2004 403490001 RTOR RT 3O2004 0.190 3100-COLIFORM(TCR) A 5/7/2004 0402980-001 RTOR RT 2O2004 3100-COLIFORM(TCR) A 1/9/2004 VK11 RTOR RT 1O2004 3100-COLIFORM(TCR) A 10/2/2003 DYC6 RTOR RT 4O2003 3100-COLIFORM(TCR) A 8/7/2003 0301716-001 RTOR RT 3O2003 3100-COLIFORM(TCR) A 8/1/2003 Summary RT AUG2003 1 3100-COLIFORM(TCR) A 4/3/2003 404 RTOR RT 2O2003 0.620 3100-COLIFORM(TCR) A 1/9/2003 VK9 RTOR RT 1O2003 0.490 3100-COLIFORM(TCR) A 10/3/2002 SJM12 RTOR RT 4O2002 0.220 3100-COLIFORM(TCR) A 6/29/2012 7:46:26 AM Page 11 of 14 N 0) m ea 2 co co Collection Date /Violeta 1 ab Sample No Typo Concentration Leas than Petection I imit MPS MCL/FANI 1/4/2012 1040 NITRATE ENS120101-282 1 RT < 0.010000000 MGIL 1.000000000 MG/L 10.000000000 MG/L 3/15/2011 1040 NITRATE ENS110101-253 1 RT < 0.400000000 MG/L 1.000000000 MG/L 10.000000000 MG/L 5/5/2009 1041 NITRITE ENS090506-035A RT < 0.004000000 MG/L 0.050000000 MG/L 1.000000000 MG/L 2/27/2009 1040 NITRATE ENS090227-001 RT 0.500000000 MG/L No 1.000000000 MG/L 10.000000000 MG/L 1/18/2008 1040 NITRATE 0809211-002 NIT RT < 1.000000000 MG/L 1.000000000 MG/L 10.000000000 MG/L 4/17/2007 1040 NITRATE 0707965-002 NIT RT < 0.010000000 MGIL 1.000000000 MG/L 10.000000000 MG/L 3/23/2007 1040 NITRATE 0707863-002 RT < 1.000000000 MGIL 1.000000000 MG/L 10.000000000 MG/L 3/15/2006 1040 NITRATE 0606111-002 RT < 1.000000000 MGIL 1.000000000 MG/L 10.000000000 MG/L 3/24/2005 1040 NITRATE 0504476-001 RT 0.500000000 MG/L No 1.000000000 MG/L 10.000000000 MG/L 4/3/2003 1040 NITRATE NT0947 RT 0.500000000 MG/L No 1.000000000 MG/L 10.000000000 MG/L 4/11/2002 1040 NITRATE NT0841 RT < 0.010000000 MG/L 1.000000000 MG/L 10.000000000 MG/L 6/29/2012 7:46:26 AM Page 13 of 14 Tr 0 m a lV O N DEPARTMENTOF NATURAL RESOURCES 'CC ) OF WATER RESOURCES 'f John W.Hlckenlooper * /876 Governor MlkeKing Executive Director June 22, 2012 Dick Wolfe,P.E. Director Kim Ogle Weld County Planning Services Transmission via email: kogle@co.weld.co.us RE: Northeast Grains Case No. USR12-31 SW 1/4 of NE1/4 Section 5, T7N, R56W, of the 6th P.M. Water Division 1 , Water District 64 Dear Mr. Ogle: This referral does not appear to qualify as a "subdivision"as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11 , 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The application seeks a site specific development plan and amended use by special review permit for an agricultural service establishment. The site has an existing grain storage business. The applicant proposes to construct a new scale house and office next to the existing grain elevator. The facility is expected to have two full time employees. The proposed water supply is as follows: - Non-potable uses such as toilet flushing-water tap per agreement with David M. Gillespie.The application notes that this well is not currently registered and is located on a neighboring parcel at 41783 Marble. As it is not a registered system or well, the applicants do not propose to use the well for potable use unless it is registered. - Potable uses —bottled water. - The option of obtaining a well permit in the future is also mentioned in the application. The application materials suggest that the Gillespie well supplies water to more than one parcel in Stoneham. The use of the Gillespie well as a water supply, even for limited non-potable uses, cannot be allowed according to the State Engineer policy concerning exempt commercial uses, dated April 9, 1985 (copy enclosed). In order to serve multiple residences and commercial uses, the Gillespie well should be permitted under the non-exempt statute, which may require a court-approved augmentation plan to replace stream depletions. This business would likely qualify for an exempt commercial well permit. This would allow for one well on the parcel to serve drinking and sanitation facilities, but no outside uses. Exempt commercial well permits are issued for annual water use not to exceed 1/3 acre-foot per year. Office of the State Engineer 1313 Sherman Street. Suite 818 •Denver. CO 80203 •Phone. 303-866-3581 •Fax.303-866-3589 www.water.state.co.us Northeast Grains, USR 12-0031 Page 2 of 2 June 22, 2012 This office does not object to the proposal as long as the applicant is able to obtain a commercial well permit for water supply. If there are any questions, feel free to contact Tracy Kosioff of this office. Sincerely Joam a Williams, P.E. Water Resource Engineer cc: Jean Lever and Brent Schantz, Water Commissioners, Water Division 1 Hello