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Home My WebLink About20111234.tiff Submit by Email Print Form 1861 - 2011 Weld County Referral March 9, 2011 WELD,0O0NTY The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number I USR-1778 Please Reply By April 8, 2011 I Planner Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility (water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis)in the A (Agricultural)Zone District. Legal Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 62.25; East of and adjacent to CR 25. Parcel Number 0805 31 000063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ® We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because El We have reviewed the request and find no conflicts with our interests. VSee attached letter. Comments: EXHIBIT I y Signature "Ls.` ` `v a Date ! (¢ if Agency We c k�_ •:•Weld County Planning Dept. G1555 N 171°Ave, Greeley,CO.80631 •(970)353-6100 ext.3540 ❖(970)304-6498 fax 2011-1234 RECEIVED 1861 - 20 11 MEMORANDUM APR 112011 Weld County Planning Departure GREELEY OFFICE TO: Kim Ogle, Planning Services DATE: April 5, 2011 WELD_—COU TY FROM: Heidi Hansen, P.E., Public Works Department dig SUBJECT: USR-1778, Ed Orr A Site Specific Development Plan and Use by Special Review permit for a Recreational Facility (water skiing lake and campsites for waterskiing members along with commercial hunting on a fee basis). The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: WCR 62.25 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-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. WCR 25 is under the jurisdiction of the City of Greeley. Access is via an existing access onto WCR 62.25 and will be gated. The applicant has obtained an Access Permit (AP11-00062) to utilize the existing access for the proposed use. The gate must be placed far enough back from the County roadway to allow for a truck and trailer to completely pull off of the roadway before stopping to open the gate. The applicant must show the locations of individual campsites on the site plan as well as parking areas for a minimum of 100 vehicles with trailers and any storage areas, boat ramps, and boat docks. The applicant has indicated that there will be no permanent structures associated with this use. Portions of this parcel are located within the FEMA mapped Zone A 100-Year floodplain and the floodway. Weld County Code prohibits the construction of buildings within the floodway. Any structures or grading in the floodplain would require a Flood Hazard Development Permit(FHDP). Due to the hazardous nature of the floodplain, potential for loss of life, and potential for damage to public facilities such as bridge, campsites and overnight parking cannot be located in the FEMA 100-year floodplain or the floodway. Also, no campsites will be allowed between the river and the lakes due to the fact that the river banks could be eroded during flood flows. The boundaries of the floodplain and the floodway must be shown on the site plan. Portable boat docks have to be anchored per an engineered design because the lakes are in the floodplain and, in a flood, the boat docks could move downstream and block flows (e.g. if they become entangled in a bridge). REQUIREMENTS: 1. Utilize the existing accesses to the site from WCR 62.25. No new accesses will be granted. 2. Please show on the site plan: a. Location of individual numbered campsites b. Parking areas for a minimum of 100 vehicles with trailers c. Storage areas d. Boat docks and ramps U:UReferralsVUSRVUSR-1778VPW-USR-1778 doex e. Boundaries of the FEMA-mapped 100-year floodplain and the floodway as depicted by the 2003 Army Corps of Engineers Cache La Poudre River Floodplain Study 3. The proposed gate must be far enough off outside of the County Road Right-of-Way to allow a truck and trailer to completely pull off of the roadway. 4. Please add the following development standards to the Plat: a. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year floodplain or in the floodway due to the hazardous nature of the floodplain and the potential for loss of life. b. There shall be no campsites or overnight parking located between the Cache La Poudre River and the lakes due to the potential for riverbank erosion that occurs during a flooding event. c. Portable boat docks must be anchored per an engineered design. A flood hazard development permit must be obtained prior to the installation of the boat docks. d. There shall be no parking or staging of vehicles on County roads. e. 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. f. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel # 080531000063 may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Maps #8082660-0609C dated September 28, 1982 and Map Panel #080266-1504E dated June 10, 2005, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. g. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. Future development activities located within the FEMA-mapped floodplain will have to obtain the appropriate flood hazard development permits. pc: USR-1778 U:\Referrals\l1SR\USR-1778\P W-USR-1778.docx APR-12-2011 TUE 03104 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01 l a6 l 20 1 1 MEMORAN G� ►UM TO: Kim Ogle, Planning Services DR 1'I!i; April 6, 2011 W E L ` O N T Y FROM: Donald Carroll, Engineering Adminik j r tor,Clay Kimmi, Drainage and Flood Plain Engineer,Janet Carter, Trai¶:.jEngineer. SUBJECT:AmUSR-1075, R. M. Hiner Cons r etion Company, Inc. The Weld County Public Works Department has reviewed this proposal. 1i;u s project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article I j !Division 4, Section 23. Staff comments made during this phase of the Use by Special.Review procr Iril may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: The main access to the facility is from North 2e Avenue,which Is mainta r.r id by other. b An entrance located at the northeast corner of the site accesses to a pri'tr road owned and maintained by Weld County that serves the Weld County grader training course, 1^laid County gravel pits, Weld County offices, and the County jail. Due to mining safety and jail sect i!'!i' Issues, use of this road for access to the recreational lake and Hiner pit shall be limited to emergent> itssponder access only. Use of the northeast access may be approved at the County's sole discretion a rtiler very limited circumstances with prior written notice to the County. The applicant needs to address how the proposed USR recreational a trities are compatible with the active mining and MSHA regulations. MSHA regulations require that per i)s entering a working mine site be equipped with the proper personal protective equipment such as t trp ail toed boots, safety glasses, hardhats, and safety vests. Portions of this parcel are located within the FEMA mapped Zone A 100-d t sr floodplain and the floodway. Weld County Code prohibits the construction of buildings withl 1 he floodway. Any structures or grading in the floodplain would require a Flood Hazard Development Per till I,(FHDP). Due to the hazardous nature of the floodplain,potential for loss of life,and potential r!i;damage to public facilities such as bridges, campsites and overnight parking cannot be located in tt qa FEMA 100-year floodplain or the floodway. Portable boat docks must be anchored per an engineered Rb iisign because the lakes are In the floodplain and, in a flood,the boat docks could move downstream an 1 !lock flows(e.g. if they become entangled in a bridge). REQUIREMENTS: 1. Utilize the existing accesses to the site from North 23`° Ave. r he access off of the County's privately maintained road is to be used for emergency and I I tcidentai access oniy.No new accesses will be granted. 2. As requested at the pre-application meeting and 7-day review, I IElase revise the floodplain labels on the site plan to reference the 2003 Army Corps of Ent Veers Cache La Poudre River Floodplain Study that has been accepted by FEMA. The note ii lineating the floodplain on the site plan references FHDP-615 which is for shop located in tt !Idaho Creek floodplain located near Longmont, CO. 3. Please add the following development standards to the Plat: a. There shall be no campsites or ovemight parking locate 11.In the FEMA-mapped 100-year floodplain or in the floodway due to the hazardous inure of the floodplain and the potential for loss of life. I; Ir APR-12-2011 TUE 03:05 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02 b. There shall be no campsites or overnight parking located ti'Veen the Cache La Poudre River and the lakes due to the potential for riverbank erosl }that occurs during a flooding event. c. Portable boat docks must be anchored per an engin ;.t red design. A flood hazard development permit must be obtained prior to the installat! r!of the boat docks. d. Pursuant to Chapter 15, Articles I and II of the Weld Cour tit Code,o if noious weeds exist development, the on the property or become established as a result of t if p po applicant/landowner. shall be responsible for control'ri i the noxious weeds. All vegetation, other than grasses, needs to be maintains 1,at a maximum height of 12 inches until the area Is completely developed. e. WARNING: LOT MAY NOT BE BUILDABLE DUE TO I p:;DODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parc qI It 080531000063 may not be able to obtain building permits to construct structures. P II :onstruction or improvements occurring in the floodplain as delineated on Federal Er 1E ligency Management Agency FIRM Community Panel Maps #8082660-0628C dated yi iptember 28, 1982 and Map Panel 0080286-1529E dated June 10, 2005, shall compl! 1 iiith the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 i i :he Weld County Code and and all applicable FEMA regulations and requirements as descri s iii in 44 CFR parts 65. I f. Future development including but not limited to a b L ii plant occurring within the -di-- floodplain shall be In compliance with the floodplain cod i lin effect at that time. Future development activities located within the FEMA-mapped ':odplain will have to obtain the appropriate flood hazard development permits. g. Prior to the vacation of the mining permit by DRMS, per ,II:MA's letter dated January 13, 2011; a letter of map revision shall be approved by FE JI,p showing the Impact that the mining operation has.had on the floodplain boundaries, flf jldway boundaries, and water surface elevations. j • Ii iiI pc: AmUSR-1075 M:\PLANNING-DEVELOPMENT REVIEWIUSR-Use by Special Reviev y'r;jflUSR-10751AmUsR- 1075.docx 4 I; , l It' Y • MEMORANDUM TO: Kim Ogle, Planning Services FROM: Lauren Light, Environmental Health COLORADO SUBJECT:USR-1778 Ed Orr DATE: 4/8/2011 Environmental Health Services has reviewed this proposal for a water ski club and a commercial hunting club. There are currently 20 members of the ski club and no employees. However, the ski club may be expanded to 50 members in the future. During hunting season there are 3 to 6 people on the site once a week. The applicant indicated, in a phone conversation with staff, that there may be a month when there is no hunting. It appears that the water ski club and the hunting aspect are independent of each other and although both are seasonal uses, this application combines the two uses which triggers the use of this facility to become a year round occurrence. There is no water or sewer service on the site. The lessors will provide portable toilets for skiers at each campground. Individual camper units are self contained and there is not a dump station on the property. The application did not state what the hunters use for sanitary facilities. The following section is from Environmental Health Services, Weld County Department of Public Health & Environment, Septic Policies. Policy 2.2.K Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. As noted above, it is the policy of this department that portable toilets are allowed when a use is temporary or seasonal for a time period of six months or less. The applicant states the water ski activities will occur from April through Labor Day. There was no information provided regarding the times hunters will use the facility. Hunting could occur from September to February. As the time period exceeds 6 months in duration, the use of portable toilets cannot be supported as the facility is not a seasonal use. OD This Department will require the installation of a permanent restroom facility. The installation of the restroom will require a septic permit through this Department. As this is a commercial facility the septic system must be designed by an engineer and approved by the Board of Health. A permanent water supply is also required. The waste handling plan consists of a large dumpster at the entrance which is emptied by Gallegos Sanitation. The dust abatement plan states that all roads are road base or gravel and a speed limit of 20 MPH will be utilized. Noise will be restricted to the level allowed in the commercial zone district. 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 requirements be met prior to allowing the plat to be recorded: 1. Submit documentation, to Environmental Health Services, Weld County Department of Public Health & Environment indicating that a permanent water source is available for the facility. 2. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. Submit documentation, to Environmental Health Services, Weld County Department of Public Health & Environment indicating a septic system designed by a Colorado Registered Professional Engineer. 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. 2 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. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 7. RV units that have self-contained sewage disposal, shall dispose of sewage at an approved off-site facility. 8. Adequate drinking, handwashing and toilet facilities shall be provided for personnel using the facility. 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 10.A permanent restroom facility shall be provided for the public. 11.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). 12.This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 13.All potentially hazardous materials, such as fuel, must be stored and handled in a safe manner in accordance with product labeling. 14.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Additionally, please note the following: 1. The applicant should be made aware the lake water may not meet all water quality standards for natural swimming areas as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to periodically test the lake water. 3 1 8 6 I - 2011 DEPARTMENT OF PLANNING SERVICES 411 BUILDING INSPECTION DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WELD_ _-COUNTY 970-353-6100 EXT 3540 FAX 970-304-6498 kswanson(c�co.weld.co.us Date: April 8, 2011 Applicant: Ed Orr Project: A Site Specific Development Plan and Use by Special Review Permit for a Recreation Facility (water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis) in the Agricultural Zone District. Case Number: USR-1778 Parcel Number: 0805 31 000063 1. Applicant's statement indicates there will be no structures proposed to be built. Therefore based on the information supplied; no building permits will be required. Regards, Ken Swanson Building Official Weld County Building Department • 1861 - 2011 .� Weld County Referral March 9, 2011 • WELD_ —COUNTY The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number USR-1778 Please Reply By April 8, 2011 I Planner • Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility(water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis) in the A (Agricultural)Zone District. Legal Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, T6N, R66W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to CR 62.25; East of and adjacent to CR 25. Parcel Number 0805 31 000063 The application is submitted to you for review and recommendation. Any comments or recommendation • you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because 0 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: The WSFPD has reviewed this and all we ask is that there be an adequate all weather access road to all camp sites and that this road be maintained so that we can gain access if needed. • Signature ��` / / Date 03/10/11 Agency Windsor-Severance Fire District +Weld County Planning Dept. +1555 N 17'"Ave,Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Main Street Windsor, CO 80550 WELD RE-4 SCHOOL DISTRICT Phone: 970.686.8000 re4.k12co.0 41020 FOUNDATION FOR SUCCESS•EDUCATION FOR LIFE•CITIZENS FOR THE FUTURE karen.trusler@weldre4.k12.co.us Karen Trusler, Superintendent Stephanie Watson,Asst. Superintendent March 15, 2011 Kim Ogle Weld County Planning Department 9I S 10th Street Greeley, CO 80631 RE: Recorded Exemption USR-1778 Dear Kim: The above referenced Special Review Permit is proposed for a recreational facility in the agricultural zone district north of and adjacent to Weld County Road 62.25 and east of and adjacent to Weld County Road 25. Given the stated use of the land, the District does not object to the changes for this Special Review Permit. However, the School District requests to be notified of any proposed land use • changes associated with this property. Your continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the County, the School District and our mutual constituents. Should you have questions or desire further information, please contact me at your convenience. Sincerely, jet 1U-4w R .VU a-ISO-A_ Stephanie R. Watson Assistant Superintendent of Business Services I • Mr. Kim Ogle Weld County Department of Planning 1555 N. 17th Avenue Greeley, CO 80631 RE: Letter regarding a Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility Application—USR 1778 Dear Mr. Ogle, Central Colorado Water Conservancy District was formed in 1965 to develop, manage and protect water resources in northeast Colorado. We currently provide water augmentation and decree administration for over 1100 irrigation wells within our district. District boundaries cover land from Brighton north to Greeley, and east to Fort Morgan, encompassing parts of three different counties. Irrigation allotment contract holders pay an annual assessment for the services provided by the two well Subdistricts; the Groundwater Management Subdistrict created in 1973, and the Well Augmentation Subdistrict created in 2004. Constituents owning property within the main District boundaries pay a mill levy assessment. Services provided to these taxpayers include an extensive water quality testing program, leading • edge water education outreach and active legislative efforts to protect water sources and water rights. The main District and two Subdistricts own an extensive portfolio of water rights, including ditch, river and reservoir shares. We administer dozens of water management sites, covering reservoirs to recharge ponds. Two of the larger and more well known storage lakes include JoDee/La Poudre Reservoir in Windsor and Siebring Reservoir in Greeley. Randy Ray Interim Executive Director cc: Ed On • Kim Lawrence CCWCD Board of Directors • Central Colorado Water Conservancy District(CCWCD) owns the water in all three lakes located at the site of the proposed USR 1778, known as Siebring Reservoir. Central uses these slurry wall lined reservoirs in their 2 decreed augmentation plans. Water is delivered to the lakes and released from the lakes based on river calls and augmentation plan needs. Mr. Ed On owns the land and recreational rights for these waters, but CCWCD has grave concerns in allowing a"water skiing, camping, hunting" facility to operate at this location. The risks can be summed up, but are not limited to the following categories: a. Public and staff safety concerns b. Degradation of shorelines and slurry walls c. Introduction of invasive species d. Water Quality issues e. Bald eagle and wildlife habitat impact PUBLIC AND STAFF SAFETY CONCERNS The three lakes at Siebring are interconnected through a series of inlets and outlets. (See attached map.) During times of water movement, which is frequent and year round, the inlets and outlets can present a danger to unaware boaters or persons in the water due to velocity and currents. Lake levels fluctuate through out the year as CCWCD fills and drains the lakes. Therefore depth • levels are not consistent, causing possible hazards with boats and objects below the surface. CCWCD staff has found cut wood, coolers, equipment and trash strewn across the roads. This could create a hazard to Central's vehicles and staff, and at the minimum is an inconvenience at having to stop and clear the road before proceeding. The campsites are located in areas that flood. This is dangerous to humans, but also any vehicles and possible hazardous materials and equipment that are kept there will wash into the lakes and/or river. CCWCD has to spray for weed eradication seasonally to keep our roads and structures operating. Some of these chemicals should not be used if there are people in the vicinity, which we would have no knowledge of. Mr. Roth is the authorized agent for Ed On, and in the Use by Special Review application he mentions guided hunts. CCWCD wants assurance that these hunts really are guided, and would want prior notification of when the hunts would occur. Stray bullets are a very real danger to both CCWCD staff and to the thousands of students who come to visit the Poudre Learning Center every year. • • DEGRADATION OF SHORELINE AND SLURRY WALLS In the 2 years that people have been using boats on the lakes, we have seen severe erosion of existing shorelines; erosion that would not have taken place if there weren't boat wakes. CCWCD spent over$40,000 last fall to stabilize and rebuild portions of the shoreline on the eastern edge of the pond that Mr. Roth identifies as"East Lake". This bank stabilization could be jeopardized by incessant boat wakes, as well as further damage to the integrity of all the other banks. Under the Easement Agreement and Storage Easement Agreement with Hall Irwin, dated March 13, 1991 and recorded at reception number 02244528 with the Weld County Clerk and Recorder's office, Mr. Orr's recreation and other uses cannot be "inconsistent with the Easement." Central has the obligation to maintain the Storage Easement, and it is specifically mentioned that erosion control is anticipated to be necessary. Activities that cause erosion, such as boat wakes, are inconsistent with the Easement. Boating can be allowed but it must be wakeless boating, non-motorized or small electric fishing motors. Waterskiing cannot be done without wakes, and therefore cannot be allowed. Only existing ramps should be used for launching boats. Launching boats elsewhere will cause additional erosion. All the lakes are slurry wall lined with a bentonite clay mixture developed to create a boundary for the storage reservoir and the groundwater. This slurry wall lining is directly underneath some • of the existing roadways around the area and surrounds all the lakes. Central has concerns involving the installation of boat ramps, or any other digging on site due to the presence of these slurry walls. INTRODUCTION OF INVASIVE SPECIES: Zebra mussels and Quagga mussels, along with other aquatic nuisance species, have been invading western waters in the last several years. All State and Federal recreational lakes and reservoirs have a Division of Wildlife inspector who examines every boat; bait box, trailer, engine, wheels and recreational equipment for signs of these invasive species. They spread because they are transported from one body of water to another through these means. There would be no mandatory inspection at Siebring. If even one boat brings in one of these species, their reproductive rate is astonishing. The mussels would quickly clog our pipelines, pumps and infrastructure, causing huge and costly damage to our structures. "They reduce fish populations, make lakes and rivers unusable by boaters and swimmers, dramatically increase operating costs for ditch, river and lake maintenance and operations, reduce native species, degrade ecosystems, affect human health and affect local economies of water dependent communities." (www.protectyourwaters.net). WATER QUALITY ISSUES: • Water quality concerns arise from many sources. Trash easily gets blown into, or deliberately • dumped into the water, clogging pipes and causing pollution. There will be boat engines leaking oil and fuel, on road and off road vehicles leaking oil and fuel, which will find its way directly into the lakes as well as the Poudre River. There is the potential for a serious oil or gas spill as people fill their tanks and work on their engines. There will be people who use the lakes as a bathroom causing serious health and bacteria concerns. Even the San-o-lets can leak or be knocked over during flood episodes. Boat holding tanks for human waste can also leak. The RV's are supposed to dump their wastewater and sewage at designated disposal sites off premise, but what guarantee do we have that this will always be followed? CCWCD does not accept any liability for maintaining State recreational water quality standards, as CCWCD's use of the reservoirs is purely an exercise in water rights. Therefore State recreational water quality standard testing and monitoring should be met by the party owning the recreation rights. Please be advised that any pollution and water quality concerns will most likely not only affect the reservoir water, but all users on the Poudre River since the camp area is in a lowland, wetland type area directly adjacent to the river. • BALD EAGLE AND WILDLIFE HABITAT IMPACT: Bald eagles have been nesting and hunting in this area for years. The eagle nest is right in the middle of the involved property; the current nest having been rebuilt by the eagles to replace one blown down by a storm last year. CCWCD staff has been operating our facilities this entire time without disturbing the eagles. The pollution and noise disturbance from the increased number of people could adversely affect the eagles and other valuable wildlife in the area. We would refer the Planning Commission to "Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors", published by the Colorado Division of Wildlife. Mr. Roth states that the many trees will screen the sound and view of humans from birds and animals. That will not hold true, as CCWCD will be removing many trees along the shoreline as necessary for operations. In summation, Central Colorado Water Conservancy District opposes a recreational facility be allowed to exist or expand in the area known as USR 1778, based on concerns regarding safety, water quality, degradation of shoreline and slurry wall, introduction of invasive species and loss of wildlife habitat. • ,,, r x(s ---.J___i____ ; , fiSb -"----- ii ----- • (Y %did �� IJJ -- -- lZ � r* % - - AV £8N - -_rz- c L . ... .... 5 . /11 y-I oil /'\ / • v4 Q 4 u, Cn Nj zk i 8 t...• ii 7 ' ji\\44\MIX\t‘renriaterve 4\1-1-- a r U w co I W V' CD 2 p- 2 w I 0 4 H2 ti L Iii E N o S n NMI , • a q CA I 1 ( I , �o. iri CD to I ....Er-1 w III zel—tifI I tr i a '^ 1 ( 55 immi go (A ..ks' ft"? ty IN II t IC ; LL ttle e :- - I- . .t. N.., /IA .)�"i t 13 I t IA O ¢ I---1 c, '' PA! ) ():/. / r- vi al 1 00 "r7 ' \ Illo \ ti O N" „ -\\N, 2 0 _______. ____ 7: . t. . ea. - - 1 ...,-, Dv. esa, C_ a ) 1\ -• C2 J3 ON 1) 11 LA ` N oi ,\ . W < a O D - CL __.,--""e o V• 0, \'%,, Submit by Email Print Form 1861 - 2011 Weld County Referral March 9, 2011 WELD___CO NTY The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number USR-1778 j Please Reply By !April 8, 2011 Planner Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility(water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis)in the A(Agricultural)Zone District. Legal Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 62.25; East of and adjacent to CR 25. Parcel Number 0805 31 000063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: A water tap associated with the Sharkstooth Pipeline Company exists on the property. Sharkstooth water taps are for domestic use only and commercial use is generally not allowed by the Company. If a permanent water supply is requested for this commercial facility,Board of Director approval by the Sharkstooth Pipeline Company would be required. Signature _ lifer,./ ,President Date April 25,2011 Agency Sharkstooth Pipeline C mpan *Weld County Planning Dept. 01555 N 17th Ave,Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Kim Ogle Judy Firestien [Judy.Firestien@BracewellFarm.com] t: Wednesday, April 20, 2011 4:34 PM • Kim Ogle Subject: USR-1778 Attachments: Sharkstooth Pipeline Map.pdf Dear Kim, We have become aware of a proposal for a water ski club and commercial hunting club on property owned by Ed Orr (USR -1778). We briefly reviewed the referrals on the Weld County website and would like to bring to your attention that it appears the Shark's tooth Pipeline Company has not been included in your list of referral agencies. A portion of the pipeline runs through the property being considered in this application. Please find attached a map showing the approximate location of the pipeline. We also note a statement in the memorandum from Lauren Light at Environmental Health that there is no water service on the site. We would like to make you aware that there is a water tap associated with the Shark's tooth Pipeline located on the property. However, the bylaws of the Company only allow domestic use of the water. We would like to request you forward a referral to us via email (Judy.Firestien@slbbi.com) or regular mail so that we may comment on this proposal. Thank you for your attention to this matter. Illierely, Steve Heinike President Ruth Firestien Secretary/Treasurer Shark's tooth Pipeline Company 30953 County Road 27 Greeley, CO 80631 S 1 wig OfWINDt08 RECEIVED APR 1 2 2011 COLORADO Weld Count :,,,,, g uepartment CREELLY OFFICE April 8, 2011 Mr. Kim Ogle Weld County Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 Subject: Weld County referral — Use by Special Review (USR-1778) for a Recreational Facility (water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis) Dear Kim, The Town of Windsor Planning Commission reviewed the abovementioned proposal at their regular meeting of April 7, 2011. The subject property is located outside the Town's Growth Management Area and adjacent to the City of Greeley to the east. Based upon the referral materials, the Planning Commission has the following recommendations for the County's consideration: (1) Given the location of the property in the floodplain and floodway, all applicable regulations should apply, including the possible need to appropriately anchor any temporary structures such as port-a-lets and trash containers to the ground. (2) Given the proximity to the Poudre Trail, adequate safety precautions should be taken with regard to the hunting activities and the proposal should be sent to the Poudre River Trail Board for review and comment. Thank you for the opportunity to review this proposal. Sincerely, Scott Ballstadt, AICP Chief Planner pc: Gale Schick, Chairman, Planning Commission Joseph Plummer, AICP, Director of Planning Ed Orr, applicant Jim Roth, applicant's representative 301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 •fax 970-674-2456 www.windsorgov.com Gin of ¶Iiree1evRECEIVED APR 1 3 2011 Weld County Planning Department GREELEY OFFICE April 7,2011 Kim Ogle Weld County Planning 1555 N 17th Avenue Greeley, CO 80631 Re: Review of WCR 4:11 (USR-1778) Dear Kim: Attached with this letter are review comments from City staff regarding the WCR 4:11 Review. Please address each of the review comments attached with this letter and upon resubmittal provide a written lbresponse to each of the requested revisions stating how each comment was addressed. Please call Mike Garrott at (970) 350-9784 or Rocky Keeth, (970) 336-4175 with any questions you may have. Si cerely, Derek Glosson, P.E. Engineering Development Manager cc: Mike Garrott, Planner II Attachment III Community Development-Engineering Development Review • 1100 10th Street,Ste.402,Greeley,CO 80631 • Fax(970)336-4170 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. Project Review Comments Date: 4/7/2011 Project Name: WCR 4:11 City of Location: 12351 CR 62 �reel� Reviewed By: Mike Garrott Phone: (970) 350-9784 Submittal Date 3/16/2011 Department Planning City ID# 2013 Submittal #: 1 Page O ❑ Advisory The proposed access to the site is along F Street. As such, the access will cross a portion of the Poudre Trail, if approved. The applicant and their guests are requested to utilize best management practices to minimize negative impacts to the Trail users. ❑ Advisory The site plan should be revised to illustrate the existing floodway, 100-year and 500-year floodplains. The location of the existing Poudre Trail should also be added to the site plan. ❑ Advisory The applicant should revise the narrative to remove the Greeley Fire Department and replace it with the Windsor-Severance Fire District, since the property is outside the Greeley Fire Department boundary. 0 Comprehensive Plan Page S Thursday,April 07,2011 Page 1 of 3 ❑ Advisory As the proposed use is within the City's Urban Growth Boundary and is immediately adjacent to the Municipal City limits, the application was elevated as it relates to the City of Greeley's 2060 Comprehensive Plan, Land Use, Section LU8A7 (River Corridor). The City requests that several goals and policies be considered by the Weld County Board of County Commissioners: "1. Any use or development should consider the sensitive and effective trail development. 2. Attention to cultural, environmental, and other natural resource management considerations." As it relates to this section, Planning encourages the applicant to contact the Colorado Division of Wildlife, in particular as it relates to hunting activities in or near the proximity of a known bald eagle nesting area on or near the subject property. Planning has concerns with the proposal as it relates to the City's Comprehensive Plan, Environment, Section EN1A2. The policy states that uses should "Maintain and enhance the Poudre River Trail and Corridor for natural resource and habitat preservation as well as for educational use and enjoyment by the public in an appropriate manner". Since the proposed uses (which include motorized boats) are located directly west of the Poudre Learning Center and adjacent to the Poudre Trail, the intensity of the uses appear to be inconsistent with the low intensity uses that surround the property. The applicant should also note that the prevailing uses along the Poudre Trail are non-motorized in nature; accordingly, motorized boating activities are not consistent uses and, further, could damage sensitive shore lines at the Poudre Learning Center property. The over-intensive use of the property as proposed is not consistent with the existing adjacent land uses at the Poudre Learning Center and should be disallowed. Proposed Conditions Page ❑ Advisory Planning suggests the following conditions to be added, if the County approves this use: 1. All camping activities shall be located outside the Cache La Poudre River Floodway. 2. The number of users on the site shall limited to twenty (25) at any given time. 3. The USR is valid for five (5) years after approval and will be re-evaluated at that time for compliance with all County Codes. The number of users shall be reconsidered at that time. 4. 30 days prior to any hunting activities, the applicant should be required to notify the Poudre Learning Center to minimize any potential impacts to the users of the center. 5. The applicant shall contact and receive approval by the Windsor-Severance Fire District prior to commencing any land use activities. a Thursday,April 07,2011 Page 2 of 3 Project Review Comments Date: 4/7/2011 Project Name: WCR 4:11 City of Location: 12351 CR 62 Greeley Reviewed By: Rocky Keeth Phone: ( ) 336-4175 Submittal Date 3/16/2011 Department Eng Development Review City ID# 2013 Submittal #: 1 Floodway Page O Advisory Ensure that all campsites are located outside the floodway. S a Thursday,April 07,2011 Page 3 of 3 • Project Review Comments Date: 4/21/2011 Project Name: WCR 6:11 Location: Reviewed By: Mike Garrott Phone: (970) 350-9784 Submittal 3/23/2011 Department: Planning City ID# 2022 Submittal #: 1 Page The applicant should revise the narrative to remove the Union Colony Fire Protection District and replace it with the Western Hills Fire District, since the property is outside the Greeley Fire Department boundary. Any proposed structures shall be constructed outside the Cache La Poudre Floodway and 100-year floodplain. 2060 Comprehensive Plan Page Advisory As the proposed use is within the City's Urban Growth Boundary and is immediately adjacent to the Municipal City limits, the application was elevated as it relates to the City of Greeley's 2060 Comprehensive Plan, Land Use, Section LU8A7 (River Corridor). The City requests that several goals and policies be considered by the Weld County Board of County Commissioners: "1. Any use or development should consider the sensitive and effective trail development. 2. Attention to cultural, environmental, and other natural resource management considerations." As it relates to this section, Planning encourages the applicant to contact the Colorado Division of Wildlife, in particular as it relates to hunting activities. Planning has concerns with the proposal as it relates to the City's Comprehensive Plan, Environment, Section EN1A2. The policy states that uses should "Maintain and enhance the Poudre River Trail and Corridor for natural resource and habitat preservation as well as for educational use and enjoyment by the public in an appropriate manner'. The applicant should note that the prevailing uses along the Poudre Trail are non- motorized in nature; accordingly, motorized boating activities are not consistent uses and, further, could damage sensitive shore lines. Proposed Conditions Page 1. Thursday,April 21,2011 Page 1 of 2 Advisory Planning suggests the following conditions to be added, if the County approves this • use: 1. All camping activities shall be located outside the Cache La Poudre River Floodway. 2. The number of users on the site shall limited to thirty-two (32) at any given time. 3. The USR is valid for five (5) years after approval and will be re-evaluated at that time for compliance with all County Codes. The number of users shall be reconsidered at that time. 4. The applicant shall contact and receive approval by the Western Hills Fire District prior to commencing any land use activities. STATE OF COLORADO otORdit John W. Hickenlooper,Governor �" DEPARTMENT OF NATURAL RESOURCES t7 �'ie • DIVISION OF WILDLIFE 3 - , AN EQUAL OPPORTUNITY EMPLOYER OF` y sfoN Thomas E. Remington, Director 6060 Broadway For Wildlife- Denver, Colorado 80216 For People Telephone: (303)297-1192 wildlife.state.co.us April 8, 2011 Kim Ogle Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 RE: USR-1778 Dear Mr. Ogle: The Colorado Division of Wildlife (CDOW)has reviewed the proposal for the site specific development plan and use by special review permit for the property located north and adjacent to WCR 62.25 and east and adjacent to WCR 25 and would like to make the following recommendations concerning this proposal. The proposal calls for the development of a camping and motor boating/water skiing area utilizing ponds that are adjacent to and south of the Cache La Poudre River near the riparian corridor. The CDOW is aware that an active IDBald Eagle nest is located on the subject property and near where the proposed camping and boating activity . would take place. For active Bald Eagle nests,the CDOW recommends no surface occupancy beyond that which historically has occurred in the area within '/<mile radius of active nests, and seasonal restrictions to human encroachment within %3 mile radius of active nests from October 15 through July 31 (see definitions section of the accompanying CDOW raptor guidelines). This buffer recommendation is more restrictive than the National Bald Eagle Management Guidelines (USFWS 2007) due to the generally open habitat used by Colorado's nesting bald eagles. Surface occupancy is defined as any physical object that is intended to remain on the landscape permanently or for a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads, tracks, etc. Human encroachment is defined as any activity that brings humans in the area. Examples include driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. On behalf of the Division of Wildlife I would like to thank you for the opportunity to review and comment on this proposal. If you or the applicants have any questions, please feel free to call Brandon Muller at 970-692- 9530. Sincerely, Mark Leslie Area Wildlife Manager Colorado Division of Wildlife • Cc: Mike Sherman, Brandon Muller; area file DEPARTMENT OF NATURAL RESOURCES,Mike King,Executive Director WILDLIFE COMMISSION,Tim Glenn,Chair•Robert Streeter,Vice Chair•Mark Smith,Secretary Members,David R.Brougham•Dennis Buechler•Dorothea Farris•Allan Jones•John Singletary•Dean Wingfield Ex Officio Members,Mike King and John Stulp `oW RApo IAN OF'1'r~ RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS FOR COLORADO RAPTORS Tolerance limits to disturbance vary among as well as within raptor species. As a general rule, Ferruginous Hawks and Golden Eagles respond to human activities at greater distances than do Ospreys and America Kestrels. Some individuals within a species also habituate and tolerate human activity at a proximity that would cause the majority of the group to abandon their nests. Other individuals become sensitized to repeated encroachment and react at greater distances. The tolerance of a particular pair may change when a mate is replaced with a less tolerant individual and this may cause the pair to react to activities that were previously ignored. Responses will also vary depending upon the reproductive stage. Although the level of stress is the same, the pair may be more secretive during egg laying and incubation and more demonstrative when the chicks hatch. The term "disturbance" is ambiguous and experts disagree on what actually constitutes a disturbance. Reactions may be as subtle as elevated pulse rate or as obvious as vigorous defense or abandonment. Impacts of disturbance may not be immediately evident. A pair of raptors may respond to human intrusion by defending the nest, but well after the disturbance has passed, the male may remain in the vicinity for protection rather than forage to feed the nestlings. Golden eagles rarely defend their nests, el but merely fly a half mile or more away and perch and watch. Chilling and over heating of eggs or chicks and starvation of nestlings can result from human activities that appeared not to have caused an immediate response. A `holistic' approach is recommended when protecting raptor habitats. While it is important for land managers to focus on protecting nest sites, equal attention should focus on defining important foraging areas that support the pair's nesting effort. Hunting habitats of many raptor species are extensive and may necessitate interagency cooperation to assure the continued nest occupancy. Unfortunately, basic knowledge of habitat use is lacking and may require documentation through telemetry investigations or intensive observation. Telemetry is expensive and may be disruptive so a more practical approach is to assume that current open space is important and should be protected. Although there are exceptions, the buffer areas and seasonal restrictions suggested here reflect an informed opinion that if implemented, should assure that the majority of individuals within a species will continue to occupy the area. Additional factors, such as intervening terrain, vegetation screens, and the cumulative impacts of activities should be considered. These guidelines were originally developed by CDOW raptor biologist Gerald R. Craig (retired) in December 2002. To provide additional clarity in guidance, incorporate new information, and update the conservation status of some species, the guidelines were revised in January 2008. Further revisions of this document may become necessary as additional information becomes available. RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS BALD EAGLE Nest Site: No surface occupancy (beyond that which historically occurred in the area; see `Definitions' below) within ''/4 mile radius of active nests (see `Definitions' below). Seasonal restriction to human encroachment(see `Definitions' below) within % mile radius of active nests from October 15 through July 31. This closure is more extensive than the National Bald Eagle Management Guidelines (USFWS 2007) due to the generally open habitat used by Colorado's nesting bald eagles. Winter Night Roost: No human encroachment from November 15 through March 15 within ''/ mile radius of an active winter night roost(see `Definitions' below) if there is no direct line of sight between the roost and the encroachment activities. No human encroachment from November 15 through March 15 within '/3 mile radius of an active winter night roost if there is a direct line of sight between the roost and the encroachment activities. If periodic visits (such as oil well maintenance work) are required within the buffer zone after development, activity should be restricted to the period between 1000 and 1400 hours from November 15 to March 15. Hunting Perch: Diurnal hunting perches (see `Definitions' below) associated with important foraging areas should also be protected from human encroachment. Preferred perches may be at varying distances from human encroachment and buffer areas will vary. Consult the Colorado Division of Wildlife for recommendations for specific hunting perches. GOLDEN EAGLE fpNest Site: No surface occupancy (beyond that which historically occurred in the area)within ''/4 mile radius of active nests. Seasonal restriction to human encroachment within 'h mile radius of active nests from December 15 through July 15. OSPREY Nest Site: No surface occupancy (beyond that which historically occurred in the area) within ''/4 mile radius of active nests. Seasonal restriction to human encroachment within ''A mile radius of active nests from April I through August 31. Some osprey populations have habituated and are tolerant to human activity in the immediate vicinity of their nests. FERRUGINOUS HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/2 mile radius of active nests. Seasonal restriction to human encroachment within '1 mile radius of active nests from February 1 through July 15. This species is especially prone to nest abandonment during incubation if disturbed. RED-TAILED HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/3 mile radius of active nests. Seasonal restriction to human encroachment within 1/3 mile radius of active nests from allFebruary 15 through July 15. Some members of this species have adapted to urbanization and may • tolerate human habitation to within 200 yards of their nest. Development that encroaches on rural sites • is likely to cause abandonment. SWAINSON'S HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 'A mile radius of active nests. Seasonal restriction to human encroachment within ''A mile radius of active nests from April 1 through July 15. Some members of this species have adapted to urbanization and may tolerate human habitation to within 100 yards of their nest. PEREGRINE FALCON Nest Site: No surface occupancy (beyond that which historically occurred in the area) within '/z mile radius of active nests. Seasonal restriction to human encroachment within 'h mile of the nest cliff(s) from March 15 to July 31. Due to propensity to relocate nest sites, sometimes up to %2 mile along cliff faces, it is more appropriate to designate 'Nesting Areas' that encompass the cliff system and a ''/z mile buffer around the cliff complex. PRAIRIE FALCON Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/2 mile radius of active nests. Seasonal restriction to human encroachment within '/z mile radius of active nests from March 15 through July 15. NORTHERN GOSHAWK No surface occupancy (beyond that which historically occurred in the area) within 'h mile radius of active nests. Seasonal restriction to human encroachment within '/s mile radius of active nests from March I through September 15. BURROWING OWL Nest Site: No human encroachment within 150 feet of the nest site from March 15 through October 31. Although Burrowing Owls may not be actively nesting during this entire period, they may be present at burrows up to a month before egg laying and several months after young have fledged. Therefore it is recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur between March 15 and October 31 when owls may be present. Because nesting Burrowing Owls may not be easily visible, it is recommended that targeted surveys be implemented to determine if burrows are occupied. More detailed recommendations are available in a document entitled "Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls" which is available from the Colorado Division of Wildlife 0 0 N w N N m D L Q O C O � � U O L a Q A H rL i c m O N Y N a tl Q CO m o y ef;,c-r 'v xw. E co m .,, Cl) 3 a o as a N 0 C `w m m a) a) m a) w m m m m m d d ,... 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To )a CC CC ICQQ a < < ; Q CC � CC Q '` QQ '0t cc) cc—) to co m 'O 'O W O 0 LL O: w a a z m DEFINITIONS Active nest—Any nest that is frequented or occupied by a raptor during the breeding season, or which has been active in any of the five previous breeding seasons. Many raptors use alternate nests in various years. Thus, a nest may be active even if it is not occupied in a given year. Active winter night roost—Areas where Bald Eagles gather and perch overnight, and sometimes during the day in the event of inclement weather. Communal roost sites are usually in large trees (live or dead) that are relatively sheltered from wind and are generally in close proximity to foraging areas. These roosts may also serve a social purpose for pair bond formation and communication among eagles. Many roost sites are used year after year. Human encroachment—Any activity that brings humans in the area. Examples include driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. Hunting perch—Any structure on which a raptor perches for the purpose of hunting for prey. Hunting perches provide a view of suitable foraging habitat. Trees are often used as hunting perches, but other structures may also be used (utility poles, buildings, etc.). Surface occupancy—Any physical object that is intended to remain on the landscape permanently or for a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads,tracks, etc. CONTACT For further information contact: David Klute Bird Conservation Coordinator Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Phone: 303-291-7320 Email: david.klutclu,state.co.us REFERENCES Bechard, M.J., and J.K. Schmutz. 1995. Ferruginous Hawk(Buteo regalis), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.corncl Ledo/bna/species/172 Buehler, D.A. 2000. Bald Eagle (Haliaeetus leucocephalus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: hap://bna.birds.cornell.edu/hna/species/506 Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338, U.S. Bureau of Land Management, Denver Service Center, Denver, CO. 69pp. Energy Research and Development Administration (ERDA). 1977. EIA for CUI Venture application for geothermal loan guarantee (Beryl and Lund, Utah). EIA/GE/77-8. Washington, D.C. 109pp. England, A.S., M.J. Bechard, and C.S. Houston. 1997. Swainson's Hawk (Buteo swainsoni), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: httu://hna.birds.cornelI.eduibna/specics/265 Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle management plan: 1995 update. Greater Yellowstone Bald Eagle Working Group, Wyoming Game & Fish Dept., Lander WY 82520. 47p Grier, J.W., F.J. Gramlich, J. Mattisson, J.E. Mathisen, J.V. Kussman, J.B. Elder, and N.F. Green. 1983. The bald eagle in the northern United States. Bird Cons. 144-66. Haug, E.A., B.A. Millsap, and M.S. Martell. 1993. Burrowing Owl (Athene cunicularia), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/hna/species/06I Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance. MS Thesis. Colo. State Univ., Fort Collins. 62pp. Holthuijzen, A.M.A., W.G. Eastland, A.R. Ansell, M.N. Kochert, R.D. Williams, and L.S. Young. 1990. Effects of blasting on behavior and productivity of nesting prairie falcons. Wildl. Soc. Bull. 18:270-281. Kochert, M. N., K. Steenhof, C. L. Mcintyre, and E. H. Craig. 2002. Golden Eagle (Aquila chrysaetos), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http:/,'bna.birds.cornell.edu/bna/specics/684 Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-456. Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan. U.S. Fish and Wildlife Service. 75pp. Olendorff, R. R., and W.D. Zeedyk. 1978. Land management for the conservation of endangered birds. Pages 419-428 in S.A. Temple, ed. Endangered birds. University of Wisconsin Press, Madison, Wisconsin. Poole, A.F., R.O. Bierregaard, and M.S. Martell. 2002. Osprey (Pandion haliaetus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna'species/68 i Preston, C.R., and R.D. Beane. 1993. Red-tailed Hawk(Buteo jamaicensis), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http:/bna.birds.cornell.edu/bna/specics/052 Reynolds, R., R.T. Graham, H.M. Reiser. 1992. Management recommendations for the northern goshawk in the southwestern United States. Gen. Tech. Rep. RM-217. Fort Collins, CO. U.S. Dept of Agri., Forest Service, Rocky Mountain Forest and Range Experiment Station. 90pp. Richardson, C.T. and C.K. Miller. 1997. Recommendations for protecting raptors from human disturbance: a review. Wildl. Soc. Bull. 25(3):634-638. Rocky Mountain/Southwest Peregrine Falcon Recovery Team. 1984. American peregrine falcon Rocky Mountain/Southwest population recovery plan. U.S. Fish and Wildlife Serv. 105pp. Squires, J.R., S.H. Anderson, and R. Oakleaf. 1993. Home range size and habitat-use patterns of nesting prairie falcons near oil developments in northeastern Wyoming. J. Field Ornithol. 64:1- 10. Steenhof, Karen. 1998. Prairie Falcon (Falco mexicanus), The Birds of North America Online Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://hna.hirds.cornelLedu/bna/species/346 Squires, J.R., and R.T. Reynolds. 1997. Northern Goshawk(Accipiter gentilis), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornelledu/bna/species/298 Suter, G.W. and J.L. Joness. 1981. Criteria for Golden Eagle, Ferruginous Hawk, and Prairie Falcon nest site protection. J. Raptor Res. 15(1):12-18. Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone National Park. J. Wildl. Manage. 43:595-601. Thomsen, L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport. Condor 73:177-192. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. http:// w.fws.tov/miuratorvbirds/issues/Baldl Lle/National HaIdt.auleMana,ementCuideline s.pdf White, C.M.,N.J. Clum, T.J. Cade, and W.G. Hunt. 2002. Peregrine Falcon (Falco peregrinus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.cdu/bna/species/660 Revised 02/2008 2011-04-08 13:31 CO ES FO 3032364005 » 970 304 6498 P 1/4 1861 - 2011 a Weld County Referral March 9, 2011 WEL- o eo N Y T The Weld County Department of Planning Services has received the following item for review Applicant Ed Orr Case Number USR-1778 Please Reply 9__y April 8, 2011 Planner . ji Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility(water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis)in the A(Agricultural)Zone District. Legal Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31,T6N, R66W of the 6th P.M.,Weld County, Colorado. _ location _ - North of and adjacent to CR 62.25: East of and adjacent to CR 26. Parcel Number 0805 31 000083 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. 0 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because We have reviewed the request and find no conflicts with our interests. See attached letter, Comments: Signature �--- rr Date tt fre/ Agency 4.S G`.� . •.4." '•O,_<,fal +Weld County Planning Dept. +1555 N 17"Ave,Greeley,CO.80631 0(970)3534100 ext.3540 0(970)304-6498 lax SMQNT •yFT 2��2 United States Department of the Interior • e I FISH AND WILDLIFE SERVICE � °� Ecological Services RECEIVED Colorado Field Office P.O. Box 25486, DFC (65412) Denver, Colorado 80225-0486 APR 1 1 2011 IN REPLY REFER TO: Weld County Planning Department ES/CO: BGEPA GREELEY OFFICE TAILS-65412-2011-TA-0422/CPA-0115 APR 7 211111 Kim Ogle Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Ogle: The U.S. Fish and Wildlife Service has reviewed a Weld County referral regarding Case Number USR-1778, a site specific development plan and "use by special review" permit application submitted by Ed Orr for a recreational facility (water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis). The proposed development is on a property that encompasses three lakes along the Cache la Poudre River alp in Weld County, Colorado (Section 31, Township 6 North, Range 66 West). The following comments have been prepared based on the authority conferred to the Service by the Migratory Bird Treaty Act of 1918 (MBTA), as amended (16 U.S.C. 703 et. seq.) and Bald and Golden Eagle Protection Act (BGEPA), as amended (16 U.S.C. 668). The property supports an existing bald eagle nest that has been active for several years and again, in 2011, is being used by nesting eagles. Bald eagles are protected under the MBTA and BGEPA. Under the MBTA, it is illegal to pursue, hunt, take, capture, kill, possess, sell, barter, purchase, export, or import migratory birds, their parts, nests or eggs, except as permitted by regulation. "Take" is defined under the MBTA as "pursue, hunt, shoot, wound, kill, trap, capture, possess, or collect." Prohibitions regarding bald eagles under the BGEPA are broader. The BGEPA prohibits the take, possession, sale, purchase, barter, offer to sell, purchase, or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. "Take" is defined as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb" a bald or golden eagle. The term "disturb" under the BGEPA was defined via a final rule published in the Federal Register on June 5, 2007 (72 FR 31332). "Disturb" means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. In addition to immediate impacts, this definition also covers impacts that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment. A violation of the BGEPA can result in a fine of$100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony. Our concern is that human activity on the site, including that which may occur if the proposed project is implemented, may result in a violation of the MBTA or BGEPA. We recommend adherence to the Colorado Division of Wildlife's (CDOW's) 2008 "Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors" to avoid and minimize the likelihood of violating the MBTA or BGEPA (copy enclosed). These recommendations include seasonal limitation to human encroachment within '/2 mile of an active nest from October 15 through July 31 of each year. They also include no surface occupancy (i.e., houses, other structures, roads, etc.), beyond that which has historically occurred, within 1/2 mile radius of an active nest. Eagle pairs may vary widely in their susceptibility to human disturbance in the area of their nests. In some cases we have concurred that specified activities that are inconsistent with the CDOW's recommended buffer zones and seasonal restriction are not likely to result in the take of bald eagles. This bald eagle pair appears somewhat adapted to human activities; however, this does not guarantee how they would react to the proposed recreational facility. The Service can not provide assurance that the proposed recreational facility will not impact the eagles and result in a violation of the MBTA or BGEPA. In reaching this conclusion we have coordinated with and considered the recommendations of CDOW. We suggest that the applicant first reassess the proposed recreational facility and associated human activities and develop setbacks to conform as closely as possible to the CDOW recommendations and employ other measures as necessary to assure protection of the nesting eagles. We are willing to review any such modifications to project plans and, in coordination with CDOW, help the applicant pursue a course of action that would safeguard the nesting eagles and avoid violating the MBTA or BGEPA. If the Service can be of further assistance, contact Peter Plage of this office at (303) 236- 4750. Sincerely, Susan C. Lipner Colorado Field Supervisor enclosure • pc: CDOW, Fort Collins (B. Muller) CDOW, Denver CO (D. Klute) LE/FWS, Littleton, CO (C. Graves) Plage Pplage:BGEPA\2011.02:040711 Submit by Email r Print Form 1 8 6 1 2 I Weld County Referral March 9, 2011 WELD. --COUNTY u The Weld County Department of Planning Services has received the following item for review: Applicant Ed Orr Case Number USR-1778 Please Reply By April 8, 2011 Planner Kim Ogle Project A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility (water skiing lake and campsite for water skiing members along with commercial hunting on a fee basis) in the A(Agricultural) Zone District. Legal Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 62.25; East of and adjacent to CR 25. Parcel Number 0805 31 000063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Portions of the project site are located within an identified Special Flood Hazard Area(1%annual chance floodplain)on the Weld County Flood Insurance Rate Map No.0802660608D. As a participant in the National Flood Insurance Program,Weld County has adopted local floodplain management regulations which require a permit for development proposed within the floodplain,including the placement of recreational vehicles. Signature Michael K.Gease,CFM Date 04/01/2011 Agency FEMA Region VIII,Mitigation Division +Weld County Planning Dept. 01555 N 17th Ave,Greeley,CO.80631 O(970)353-6100 ext.3540 O(970)304-6498 fax Kim Ogle euom: Kristine Ranslem t: Wednesday, March 09, 2011 3:41 PM • Kim Ogle bject: FW: USR-1778 Referral (UNCLASSIFIED) FYI - see comments below. Thanks! Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 Original Message From: McKee, Terry A NWO Jmailto:Terrv.A.McKee( usace.armv.mill Sent: Wednesday, March 09, 2011 3:05 PM To: Kristine Ranslem Subject: RE: USR-1778 Referral (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Kristine, is project has been reviewed by my office in accordance with Section 404 of Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. Based on the information provided, a Department of the Army (DA) Permit will not be required for this project. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. If there are any questions call Mr. Terry McKee at (303) 979-4120. Terry Original Message From: Kristine Ranslem Jmailto:kranslemaco.weld.co.usl Sent: Wednesday, March 09, 2011 11:53 AM To: Ken Poncelow; Bethany Salzman; Dave Bressler; Billings, Sandra; brandon.muller(cstate.co.us; Joyce Wallace; McKee, Terry A NWO; barbara.fitzpatrickadhs.gov; Brandon Gossard; Scott Ballstadt; ptremellinqawindsorgov.corn; stephanie.watsonaweldre4.k12.co.us; Mike Davis Subject: USR-1778 Referral We have just received a case (USR-1778) in which we ask that you review the Oiterial and send a referral to us by April 8, 2011. The following is a ck link to the case in question: 1 http://www.co.weld.co.us/Departments/PlanningZonino/PlanningDepartment/index. html#1778 •cu have any questions, please don't hesitate to contact me at the number below. Thank you! Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 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, nfidential or otherwise protected from disclosure. If you have received communication in error, please immediately notify sender by return ail 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. Classification: UNCLASSIFIED Caveats: NONE I Hello