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Home My WebLink About20110479.tiff Weld County Referral September 27, 2010 COLORADO SEP 28 2010 !S DF The Weld County Department of Planning Services has received the following item forrev ew: Applicant Coronet Investment Company Case Number USR-1765 LLC Please Reply By li October 27, 2010 Planner Michelle Martin Project A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage (for a construction company) in the C-3 (Commercial) Zone District. Legal Lot 2, Althen Boyer Subdivision being part of the SW4 of Section 23, PIN, R68W of the 6th P.M., Weld County, Colorado. Location � East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of CR 6. Parcel Number 1467 23 000059 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: / Signature Date C ZC: Agency EXHIBIT 2011-0479 &Weld County Planning Dept. 61555 N 17!h Ave, Greeley, C I 40 6(' Wnld County olanning Department f rWELEY OFFICE firs 7 Th' RE r 3 � KitMEMORANDUM TO: Michelle Martin, Planning Services DATE: October 26, 2010 FROM: Heidi Hansen, P.E., Public Works Department S . COLORADO SUBJECT: USR-1765, Coronet Investment Company 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: Weld County Road Classification Plan (FHU): The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the 1-25 Frontage Road. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Access: 1. The applicant shall utilize the existing access to the property. 2. Pursuant to Chapter 15, Articles 1 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. Storm Water Drainage: The applicant has provided a water quality design that is acceptable to the Public Works department. 3. Please show the Water Quality Feature on the Plat and label it as "Water Quality, No Build or Storage Area" 4. 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. 5. Please add the following note to the final plat: "Weld County is not responsible for the maintenance of drainage related features." Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). 1. pc: USR-1765 Ivl:APLANNING—DEVELOPMENT REVIEW VUSR-Use by Special RcviewVUSR-1765 Coronct,Althcn Junkyard AUSR-1765.docx • (itMEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES W I Ng UREN LIGHT, HEALTH NMENTALC SUBJECT:�USR-1765 CORONETOINVESTMENT CO.LLC COLORADO DATE: OCTOBER 29, 2010 Environmental Health Services has reviewed this proposal for a commercial junkyard, offices and outdoor storage. There are two existing steel buildings on the property. Water for the business is provided by an individual well (Well permit No. 15574-F). According to the permit, the use of the well is for domestic and Industrial purposes. There are two existing septic systems on the property that were permitted under the same permit in 1976 (Permit No. G-19760079). It appears that each system could serve 17 employees based upon Freese Engineering's letter dated August 13, 2003. The applicant indicates each building will have 1 employee. • According to the tenant, draining of the majority of vehicle fluids is performed at the crusher facility and not on-site. Occasionally gasoline is siphoned out of the used vehicles and immediately used in company vehicles. Batteries and catalytic convertors are recycled. In addition, all products must be stored in compliance with manufactures recommendations. There is a floor drain in the main building however the tenant has indicated it is not utilized. A Class V Injection Well permit from the Environmental Protection Agency is required to use the floor drain if it connects to the septic system. If the applicant does not have a permit from the EPA (new permits are no longer issued) the floor drain wastes can be captured in a watertight vault and hauled off for proper disposal or the floor drain can be sealed off completely. A minimal dust abatement plan was submitted for onsite dust. The yard consists of crushed gravel and water will be used as necessary to control any dust. We have no objections to the proposal; however, we do recommend that the following condition be part of any approval: • • We recommend that the following requirement be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements or provide evidence to Weld County Department of Health and Environment that the floor drain has been sealed or drains into a separate water tight vault, not into the septic system. 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 Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. • 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Well permit No.15574-F) 10.All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 11. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 12.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 13.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Additionally, please note the following: • 1. 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. 3 Submit by Email Print Form rs Weld County Referral September 27, 2010 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Coronet Investment Company Case Number USR-1765 LLC Please Reply By October 27, 2010 Planner Michelle Martin Project A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage (for a construction company) in the C-3 (Commercial)Zone District. Legal Lot 2, Althen Boyer Subdivision being part of the SW4 of Section 23, TIN, R68W of 'the 6th P.M., Weld County, Colorado. Location I East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of CR 6. Parcel Number 1467 23 000059 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. El See attached letter. Comments: Please see attached memorandum. Signature ,, S i Date 09/28/2010 Agency Z ningComplian 0ffi erll :•Weld County Planning Dept. +1555 N 171h Ave,Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax . G MEMORANDUM SID lURe COLORADO To: Michelle Martin, Planner September 28, 2010 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1765 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV10-00005)was noted. This violation was initiated due to the operation of commercial junk yard/salvage yard and other commercial activities without first submitting and completing the necessary Weld County Zoning Permits. This case was presented to the Board of County Commissioners through the Violation Hearing process on April 13, 2010. At that Violation Hearing, the Board of County Commissioners referred this case to the County Attorney's Office, but delayed legal action for 90 days (07/13/10). Since the extension granted by the Board of County Commissioners has expired, the investigation fee is required. The complaint was initially received from staff; however, an additional complaint has been made by a private citizen regarding the status of this property. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, either the property shall be completely vacant or the property shall return to the uses permitted through SPR-363 (Site Plan Review); otherwise, this violation case will proceed accordingly through the Court process. SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES 4 1555 N 17th Avenue GREELEY, COLORADO 80631 PHONE (970) 353-6100, EX. 3540 FAX (970) 304-6498 COLORADO Date: September 27, 2010 Applicant: Coronet Investment Company Project: A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, office, and outdoor storage (for a construction company0 in the C-3 (Commercial) Zone District. Case Number: USR-1756 Parcel Number: 1467 23 000059 Narrative: According to Weld County records, a change of use permit will be required for both building#1 &#2. 1. Building permits are required for structures with proposed change of use or for structures which required permits for change of use and were never obtained. 2. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 Weld County Referral S I wjmlat*�f�nala Department GREELEY OFFICE Ce Off nc �n1n COLORADO RECEIVE® The Weld County Department of Planning Services has received the following item for review: Applicant Coronet Investment Company Case Number USR-1765 LLC Please Reply By October 27, 2010 Planner Michelle Martin Project A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage (for a construction company) in the C-3 (Commercial)Zone District. Legal Lot 2, Althen Boyer Subdivision being part of the SW4 of Section 23, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of CR 6. Parcel Number 1467 23 000059 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. i' See attached letter. Comments: Signature C ° c Ci C-\ Date VD( i 1 \ n Agency `>'Y\4 Licr, s-tre\ :t +Weld County Planning Dept. 01555 N 171h Ave,Greeley,CO.80631 %.(970)353-6100 ext.3540 +(970)304-6498 fax MOUNTAIN VIEW FIRE PROTECTION DISTRICT MOUNTAIN VIEW Administrative Office: RESCUE 9119 E County Line Road • Longmont, CO 80501 Q (303) 772-0710 • FAX (303) 651-7702 ultoReno October 1,2010 Ms. Michelle Martin Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Ms. Martin: I have reviewed the submitted material pertaining to the Site Specific Development Plan and Special Review Permit for a commercial junkyard or salvage yard, offices and outdoor storage of construction materials at 2190 East 1-25 Frontage Road (Case Number: USR-1765, Case Name: Coronet Investment Company). The Fire District does not object to the storage of materials on the property or to the use of the existing buildings for offices. It does not appear that any new construction is proposed at this time. Any new buildings shall be designed and constructed in accordance with the provisions of the International Fire Code, as ratified by the Weld County Commissioners. All plans for future construction must be submitted to the Fire District for review and approval prior to the issuance of building permits. Water supply for fire protection must be provided for any new structures built on the property. Fire apparatus to the storage areas and building appears adequate as shown on the plans submitted. All apparatus access roads designed and maintained to support the imposed loads of fire apparatus(75,000 pounds),must have a surface that provides all-weather driving capabilities. We appreciate being involved in the planning process and should you have any questions, please contact me at 303-772-0710 x 15. Sincerely, mac. LuAnn Penfold Deputy Fire Marshal LMP/Ip cc: project file Ip10.02.10 Station#1 Station#3 Station#4 Station#5 Station#6 Station#] Maintenance 9119 Cnty Line Rd. 299 Palmer Ave. 8500 Niwot Road 10911 Dobbin Run 50 Bonanza Dr. 161 Perry Lane 100 So.Forest St. Longmont CO Mead,CO Niwot.CO Lafayette,CO Erie,CO Dacono,CO Dacono,CO 80501 80542 80544 80026 80516 80514 80514 Submit by Email f Print Form Si(eTSH9:640 Weld County Referral September 27, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Coronet Investment Company Case Number USR-1765 LLC Please Reply By October 27, 2010 Planner Michelle Martin Project A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage(for a construction company)in the C-3(Commercial)Zone District. Legal Lot 2,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N, R68W of the 6th P.M.,Weld County, Colorado. % Location East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of CR 6. Parcel Number 1467 23 000059 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. Kt See attached letter. Comments: Signature Date October 14,2010 • Agency City of Dacono,Colorado +Weld County Planning Dept. +1555 N 17'"Ave,Greeley,CO.80631 O(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Department CITY OF GREELEY OFFICE Ill DACONO O OCT ? VOID 2010 COLORADO RECEIVED October 14, 2010 Weld County Planning Department Attn.: Michelle Martin 1555 N 17th Avenue Greeley, CO 80631 RE: City of Dacono Referral Response: USR-1765 Weld County Planning Department: This letter is being sent in response to Weld County referral USR-1765. The City of Dacono opposes the USR an application to operate a commercial junkyard or salvage as described in the application. The City encourages denial of the USR request. The location of the proposed salvage yard is within one mile south of the City limits. This 1-25 corridor perceived as the front door to the City of Dacono. The City of Dacono is adjacent to other salvage yards located in unincorporated Weld County- Erie Salvage and Speedway Auto Wrecking both at 1-25 and WCR 12, as well as and Elliott's Auto Salvage on WCR 13. All of these operations detract from the overall appearance of the City and have iban external obsolescence impact on the City of Dacono's adjacent land use. The City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan guiding principles stating that land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity and economic growth. As stated by the Weld County Comprehensive Plan, economic development is directly related to actual physical development; therefore, the County should foster an effective process to support development, while protecting the health, safety and welfare of citizens of the County. The continued growth of additional salvage yards in southwest Weld County, most notably surrounding the City of Dacono, suggests an overall lack of investment and economic development opportunities for new business growth and development. Long term, the reuse of this land is may be complicated by the presence or potential presence of a hazardous substances, pollutants or contaminants which will negatively impact the City of Dacono. The City of Dacono has significant concerns with environmental containment issues related to Freon recovery(a threat to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal (lead and acid could cause groundwater contamination). Over the years, the City has also witnessed the lack of County oversight and presumably illegal expansion of these operations, as wells as the growth of junk, mobile homes, campers, trash, tires, high weeds and other associated undesirable elements. Sincerely, i1 zi arles Sigman, Mayor City of Dacono 0 512 Cherry Street/PO Box 186/Dacono,CO 80514/Tel:303.833.2317/Fax:303.833.5528/www.ci.dacono.co.us Weld County Planning Department GREELEY OFFICE Pin f i 3 ?flirt .6F'CO • DEPARTMENT OF NATURAL RESOURCES 4 .` `. DIVISION OF WATER RESOURCESRECEWED #. * Bill Ritter,Jr. '1' 1876 l November 29, 2010 Governor - Mike King Ms. Michelle Martin executive-Director Weld County Planning Department Dick Wolfe,P.E. p Director/State Engineer 1555 N 17th Ave. Greeley, Co 80631 Re: USR-1765-Coronet Investment Company, LLC - A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage (for a construction company) in the C-3 (Commercial)Zone District Dear Ms. Martin: This letter is a follow-up to a previous letter written on September 28, 2010 to correct our opinion regarding the applicant's ability to use well no. 15774-F to serve the proposed facility. After we wrote our previous letter we discovered that the well is located outside of the Denver Basin, as defined in the Denver Basins Rules, and therefore the water in the Laramie-Fox Hills aquifer is presumed to be tributary. This referral does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development 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 the physical availability of water. Based on the submitted materials, water is currently supplied to the facility from an existing well with permit no. 15774-F. Based on the information available in the State Engineer's Office this well is constructed to a depth of 680 feet and likely withdraws water from the Laramie-Fox Hills aquifer. At the location of the well it is presumed that ground water in the Laramie-Fox Hills aquifer is hydraulically connected (tributary) to an over-appropriated stream system and that pumping of the well will cause material injury to other water rights. As such, a court approved augmentation plan is required to offset depletions caused by pumping of the well. According to the records available in the State Engineer's Office this well is not included in a court approved augmentation plan, as recommended in previous correspondence regarding this well, dated June 11, 1992 and December 1, 1993. If the well is not included in a court approved augmentation plan this well cannot be used to provide water to the existing • or proposed facility until such time as the applicant obtains a court approved augmentation plan or substitute water supply plan that replaces the depletions from the well in time, location and amount so as to prevent injury to other water rights. Since our office does not have evidence that this well is included in a court approved augmentation plan, the Division Engineer for Water Division 1 has sent the well owner the attached Show Cause Order. • 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 Weld County Planning Department Page 2 November 29, 2010 • Should you have any questions in this matter, please contact Joanna Williams of this office. Sincerely, APLJL Joa na Williams, P.E. W er Resource Engineer Cc: Claudia Engelmann, Assistant Division Engineer, Division 1 Jonathan Hernandez, Water Resource Engineer, Division 1 • 76-1.• 6% DEPARTMENT OF NATURAL RESOURCES • Ni;��p DIVISION OF WATER RESOURCES icF Bill Ritter,Jr. .F/876 - Governor Mike King Executive Director CERTIFIED MAIL: 7006 0810 0002 6781 6293 Direec orr/StateEngineer David L.Nettles,P.E. Division Engineer KURT ALTHEN CORONET INVESTMENT COMPANY, LLC 592 FALLEN LEAF WAY INCLINE VILLAGE, NV 89451 RE: SHOW CAUSE ORDER TO: KURT ALTHEN and all agents, employees, lessees, assigns or successors of the same Based on information available to the Division of Water Resources ("Division"), you are the owner of the well ("Subject Well") listed below; Weil ID •. Permit No: Water Court Case Sec Twnshp Rnq 0205510 15774-F W-2849 23 1 N 68 W On September 28, 2010 the Office of the State Engineer provided Weld County Planning Department with a cursory review of the Subject Well in regards to USR-1765— Coronet Investment Company, LLC. It was opinioned that the Subject Well was within the Denver Basin's Laramie-Fox Hills aquifer and therefore nontributary to the South Platte River. After further review, it is evident the Subject Well is within the "complex area" of the Laramie-Fox Hills aquifer. As defined in the Denver Basin Rules, this area is outside of the Denver Basin and is thus presumed to be tributary to the South Platte River. As such, it is subject to all applicable decrees, rules, regulations and statutes governing the withdrawal and use of water in the South Platte River system, including South Platte Rules and C.R.S. §§ 37-92-101 et seq. Based on Division records, the Subject Well is not permitted as exempt per § 37-92-602, C.R.S., thus in accordance with § 37-92- 308(1)(c)(III), C.R.S., the State Engineer cannot allow the operation of the Subject Well unless it is operated under a plan for augmentation approved by a water judge or a substitute water supply plan ("SWSP"). approved by the Office of the State Engineer. Based on Division records, the Subject Well is not included in an augmentation plan or a SWSP. Pursuant to the authority vested in this office by§§ 37-92-501 & 502, C.R.S., you and your agents, employees, lessees, assigns and/or successors are hereby ORDERED TO SHOW CAUSE WHY DIVERSIONS FROM THE SUBJECT WELL SHOULD NOT BE CURTAILED. Failure to comply with this order and the notification to our office of such compliance within 30 days of receipt will result in the issuance of an order to Cease and Desist the use of the Subject Well. Actions considered sufficient to"Show Cause"would be to: 1. provide this office with evidence the Subject Well is covered by an existing plan for augmentation or substitute water supply plan (SWSP) for the intended uses, • 2. submit an application for an emergency SWSP pursuant to § 37-92-308(7), C.R.S., to the Office of the State Engineer, or Water Division 1 • Greeley 810 9th Street,Suite 200•Greeley,CO 80631.•Phone:970-352-8712•Fax:970-392-1816 www.waterstate.co.us SHOW CAUSE ORDER CERTIFIED MAIL:7006 9810 0002 6781 6293 Page 2 3. Provide this office with evidence sufficient for the State Engineer to make a determination of non-tributary ground water pursuant to § 37-90-137(4), C.R.S. Should an emergency SWSP be approved by the State Engineer, please note that the conditions of approval will restrict the Subject Wells to be used for drinking, sanitation and fire protection purposes only. The emergency SWSP is a temporary plan and will have timelines incorporated requiring a permanent solution that will require an application be filed in Division One Water Court for a permanent plan for augmentation or have an alternative water supply (e.g., municipal water tap) brought to the businesses currently relying on the Subject Well. In addition, subsequent to filing an application with the water court, application must be made to the Office of the State Engineer for the approval of a SWSP in accordance with C.R.S. § 37-92-308(4). For background information regarding a SWSP, please access the following website: http://water.state.co.us/groundwater/GWAdmin/Pages/SWSPIans.aspx. For background information regarding an augmentation plan, please access the following website: http://water.state.co.us/groundwater/GWAdmin/Pages/Aug Plans.aspx. For information concerning petitions to the State Engineer to make determinations of non-tributary ground water see Policy 2010-4(enclosed). You may also contact Joanna Williams with the State Engineer's Office at (303) 866-3581 if you have specific questions concerning the SWSP or Augmentation Plan process. Our records show the well owner to be the original well applicant's Fred Althen & John Boyer. Per your phone conversation with Jonathan Hemandez, you indicated that you are now the owner. Please fill out Form No. GWS-11 (enclosed) and mail or fax the completed form to the address or fax number indicated on the form with current ownership information for our records. If this information is not correct, if you are not the legal owner or representative for the Subject Well, or if you have any questions about this order, please contact Jonathan Hernandez, immediately, at the telephone number at the bottom of the first page. 729 Dated this u-/ day of November 2010. sG -/Z 91.e.---At , David L. Nettles, P.E. Division 1 Engineer cc: B&J Auto Parts,do Bruce Richard(Reg.Agent) 11580 Holly St Thornton, CO 80233 CERTIFIED MAIL: 7006 0810 0002 6781 6316 ec: Scott Edgar, District 2 Water Commissioner Jonathan Hernandez, P.E.,Water Resource Engineer WDID file(0205510) Weld County Planning Services Enclosures(2) ti 6F �o�. DEPARTMENT OF NATURAL RESOURCES il;fib �`� $� DIVISION OF WATER RESOURCES * ^ p *f ''.if. a *, Weld County Planning Department Bill Ritter, Governor September 28, 201OREELEY OFFICE Mike King Executive Director Ms. Michelle Martin OCT (179 '21fl Dick Wolfe,P.E. Weld County Planning Department Director/State Engineer 1555 N 17th Ave. RECEVED Greeley, Co 80631 Re: USR-1765—Coronet Investment Company, LLC — A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor storage (for a construction company) in the C-3 (Commercial) Zone District Dear Ms. Martin: This referral does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development 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 the physical availability of water. According to the submitted information, potable water will be supplied by an existing well, permit • no.15774-F. Our records indicate that the original permit no. 15774-F was constructed on April 13, 1956 to a depth of 680 feet. On August 19, 1971 a replacement permit was approved under the temporary replacement permit no. RF-1014. The replacement permit was constructed on November 5, 1971 to a depth of 680 feet. According to the well construction report well permit no. 15774-F was constructed to withdraw water solely from the Laramie-Fox Hills aquifer. Well permit no. 15774-F was also decreed by the Division 1 Water Court as Well No. 1-15774-F for domestic and industrial use for 12 gallons per minute (0.026 cubic feet per second). In 1973, Senate Bill 213 was enacted providing new standards for evaluation applications for non- tributary ground water. The provisions of SB-73-213 specified that in determining whether to grant permits for these non-tributary wells, only the quantity of water underling land owned by the applicant or land owned by others with their consent could be considered to be available for withdraw. In addition, a minimum useful aquifer life of one hundred years, assuming no recharge, was specified, as was a requirement for protection of the wells in what are non-tributary aquifers that were approved or initiated prior to the enactment of SB- 73-213, effective July 6, 1973. Thus pre 213 wells are not subject to land ownership and the other standards • of evaluation as are new wells under the provision of CRS 37-90-137(4). Therefore, well permit no. 15774-F can be used to serve the proposed salvage yard as long as the well is operated in accordance with the terms and conditions of the well permit. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, ii3dtakoL, Joann Williams, P.E. 41111 Resource Engineer JMW/IDC 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 Hello