HomeMy WebLinkAbout20112575.tiff 1861 - 2011
• 8 Weld County Referral
1 July 8, 2011 L nn
WELID__-000NTY 1 V
u
_ LJUL 8 9011 iF
The Weld County Department of Planning Services has received the following item for revi@w:
lAirr D Cnunl FY PUBLIC 1410R'/,S DEPT
Applicant Equus Farms, Inc. Case Number USR-1786
Please Reply By August 7, 2011 I Planner Tom Parko
Project A Site Specific Development Plan and Use by Special Review Permit for a Golf
Course, Shooting Range, Guest Farm and Hunting Lodge, and one (1) Single
Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of
the Weld County Code in the A(Agricultural) Zone District.
Legal All of Section 18, T4N, R61 W; Part of the N2S2/S2NE4/SE4NW4 and Part of the E2
of Section 13, T4N, R62W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 87; Approximately 1/4 mile south of CR 44.5.
Parcel Number 1 1047 18 100003, 1047 18 300006, 1049 13 400013 & 1049 13 100014
• 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:
EXHIBIT
// 4 - 177WO
• Signature ,h(/ Date I- 5- a C((
Agency I�.vJ
2011-2575
44A/eld County Planning Dept. x1555 N 17th Ave,Greeley,CO.80631 +•(970)353-6100 ext.3540 4-(970) _ __.
RECEWED
•
661 MEMORANDUM JUL 2 / 2011
TO: Tom Parko, Planning Services- 2011
Weld GuI lay T�Ynrig ��%t201t1
FROM: Donald Carroll, Engineering Administrator W'
WEL ,CO N T Y Public Works Department
SUBJECT: USR-1786, Equus Farms Inc.
The Weld County Public Works Department reviewed the submitted application for critical items, including but
not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood
Hazard Development Permit. A detailed review of these items was not completed at this step in process.
Comments made during this stage of the review process will not be all inclusive; as revised materials are
submitted other concerns or issues may arise. All issues of concern and critical issues during further review
must be resolved with the Public Works Department.
TRAFFIC STUDY:
No traffic study was required.
ACCESS:
Access is gained through a private road to the main lodge; guest quarters, which connects to CR 87 (local
gravel road). The width of the private road allows vehicles to enter and exit CR 87 at a safe location.
PARKING AND CIRCULATION:
•Parking is provided at the lodge for residents and guests. Staff vehicles are kept to a minimum through car
pooling with seven personal ranch-owned vehicles.
STORMWATER DRAINAGE:
The applicant has supplied a narrative on the stormwater drainage management plan for the facility.
FLOOD HAZARD DEVELOPMENT STANDARDS:
This area IS in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management
Agency (FEMA).
FHDP: A Flood Hazard Development permit has been acquired for non-agricultural structures. These permits
are in place.
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.
•
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1786, Equus Farms Inc\USR-1786.docx
•
scrH,, ,tsp
MEMORANDUM
TO: TOM PARKO, PLANNING SERVICES
FROM: MARY EVETT, ENVIRONMENTAL HEALTH
SUBJECT: USR-1786 EQUUS FARMS, INC
COLORADO DATE: AUGUST 1, 2011
Environmental Health Services has reviewed this proposal for a lodge for living quarters
for the property owner and occasional overnight stay by guests, a golf course and
sporting clay shooting range for use by the property owner and guests, and a second
residence used by the caretaker and family. The caretaker and family are year round
residents; however, the property owner is not a full-time resident. The lodge will
occasionally be used for church-related socials and business-associated gatherings for
up to 60 people. There will be up to10 staff members. The number of staff members
working at the lodge varies depending on the season.
• The lodge and the caretaker's residence are served by an individual well (Permit No.
171202-A), and is permitted for two (2) single family dwellings, irrigation of not more
than 15,000 square feet of gardens and lawn, fire protection, and the watering of
domestic animals and livestock. Irrigation water for the golf course is provided by
another permitted well (Permit No. 48207-F).
The residences are served by an individual sewage disposal system. The septic system
is designed and permitted for 33 bedrooms, or 66 persons per day. Since the design
capacity of the septic system is greater than 2000 gallons per day, it is permitted
through the Water Quality Control Division of the Colorado Department of Public Health
& Environment (Colorado Discharge Permit No. COX-621050). Any increase in the
design hydraulic load will require approval by the Water Quality Control Division.
Solid waste generated at the site is removed weekly by Waste Management. The
applicant needs to provide the address and telephone number of the contracted
disposal company for approval of their waste handling plan. Dust will be controlled by
applying water to gravel-surfaced roads.
According to the application, only biodegradable clays and non-toxic shot will be used at
the sporting clay shooting range.
We have no objections to the proposal; however, we do recommend that the following
• conditions be part of any approval:
f
• We recommend that the following requirements 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 large-capacity septic system (a septic system with the capacity to serve
20 or more persons per day). Alternately, the applicant can provide evidence
from the EPA that they are not subject to the EPA Class V requirements.
2. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the address
and phone number of the contracted waste handler and facility where the waste
will be disposed (including the facility name, address, and phone number).
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
Residential 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 guests of the facility, at all times.
2
• 8. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code
pertaining to Individual Sewage Disposal Systems, and the Colorado Department
of Public Health & Environment Regulation 22 (Domestic Wastewater Treatment
Works).
9. In the event the facility's water system serves more than 25 persons on a daily
basis the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the
Regulations.
10.All pesticides, fertilizer, and other 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. Any targets used shall be considered non-toxic.
12.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 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
1 861 - 2011
• 8 Weld County Referral
July 7, 2011
WEL a_C I NTY
L
The Weld County Department of Planning Services has received the following item for review:
Applicant Equus Farms, Inc. Case Number USR-1786
Please Reply By August 7, 2011 Planner Tom Parko
Project A Site Specific Development Plan and Use by Special Review Permit for a Golf
Course, Shooting Range, Guest Farm and Hunting Lodge, and one(1) Single
Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of
the Weld County Code in the A(Agricultural) Zone District.
Legal All of Section 18, T4N, R61 W; Part of the N2S2/S2NE4/SE4NW4 and Part of the E2
of Section 13, T4N, R62W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 87; Approximately 1/4 mile south of CR 44.5.
Parcel Number 1047 18 100003, 1047 18 300006, 1049 13 400013 & 1049 13 100014
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 Tracy Kosloff Date July 11, 2011
• Agency Colorado Division of Water Resources
+Weld County Planning Dept. 01555 N 17th Ave,Greeley,CO.80631 O(970)353-6100 ext.3540 O(970)304-6498 fax
•
1?t•:I'A1'I\IE•:\l UI. NATURAL. RESOURCES
•
, ,. ;O\ DIVISION OF WATER RESOURCES
Iohn W.l i ickenloopvr
j -' - t;' Governor
Mike}Cin};
lisccuti t'I)n,'t,u
Dick
L)irk'c t,,r%Staty F:n.un.,'r
July 11, 2011
Tom Parko, Planner
Weld County Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Re: Equus Farms, Inc.
Case Number: USR-1786
Section 18, T4N, R61W and the E1/2 of Section 13, T4N, R62W, 6t" P.M.
Water Division 1, Water District 1
Dear Mr. Parko:
We have reviewed the above referenced proposal. This referral does not appear to qualify
• as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State
Engineer's March 4, 2005 memorandum to county planning directors. this office will only perform a
cursory review of the referral information and provide comments, The comments do not address
the adequacy of the water supply plan for this project or the ability of the water supply plan to
satisfy any County regulations or requirements. In addition, the comments provided herein cannot
be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit. or
physical availability of water.
The applicant has requested that water for domestic purposes be provided by an existing
Laramie-Fox Hills Aquifer well with permit number 171202-A. This permit allows for the following
uses. ordinary household use inside two single family dwellings. fire protection. the watering of
poultry, domestic animals and livestock on a farm or ranch. and the irrigation of not more than
15.000 square feet of home gardens and lawns with annual withdrawal limited to 1 acre-foot. The
permit was issued to replace an existing well that was put to beneficial use prior to May 8, 1972
and the well was limited to the historical use of the original well. The well. as currently permitted. is
limited to ordinary household use inside two single family dwellings. The proposal appears to
include more than the two dwellings (main lodge, guest lodge, and caretaker residence totals
three). In addition. the main lodge and guest lodge do not appear to qualify as single family
dwelling since they will be used by guests that will be visiting the site for events. Adequate
information was not provided regarding the specific uses of the well to determine if the well will be
used to serve other commercial uses at the site. If the well will be used to serve a commercial
operation a new well permit must be obtained which allows for such use. The ability to obtain a
well permit for the proposed uses will be evaluated at the time that the well permit application is
submitted to our office. Please note that in order to obtain such a permit a court approved
augmentation plan will be required unless the well owner can qualify for a commercial exempt well
• under § 37-92-602(1)(c).
Office of the State Engineer
1313 Sherman Street,Suite SIS• l)en er, CO 80203 • Phone: 303-S66-3581 •tax: 303-S66.3589
http://tvater.state.co.us
•
DIVISION OF WATER RESOURCES
• Name. Tom Parko
Date: July 11. 2011
Page 2 of 2
The applicant has requested that water for irrigation be provided by an existing well with
permit no. 43247-F-R. This permit allows for up to 500 acre-feet per year of appropriation for
irrigation use within the Riverside Irrigation District. Use of the well is subject to the terms and
conditions of the decree granted in case no. 88CW239 in Division 1 Water Court (as Riverside Well
no. 2).
The Applicant has not provided adequate information regarding the use of well 171202-A
for the State Engineer's Office to determine if the well can be operated as currently permitted. In
order to determine if the well is properly permitted the Applicant must specify the number of
dwellings that will be served by the well. whether the dwellings will be used as single-family
dwellings or whether the dwellings will be utilized in any way by golf course staff or guests that are
visiting the site for events (such as the specified church groups and corporate groups) In addition,
the applicant must clarify all other uses of the water from the well
Should you have any questions in this matter, please contact Tracy Kosloff of this office.
Sincerely.
.
Joanna Williams, P.E.
Water Resource Engineer
11
JMW/TLK
cc: Dave Nettles, Division Engineer
Brent Schantz, Water Commissioner, District 1
•
Porzak Browning & Bushong LLP
• Glenn E.Porzak Attorneys • at • Law Boulder Office!
Michael F.Browning Please direct all correspondence to the Boulder office 929 Pearl Street,Suite 300
Steven J.Bushong Boulder,CO 80302
P.Fritz Holleman 303 443-6800 Tel.
Kristin Howse Moseley 303 443-6864 Fax.
Kevin J.Kinnear
July 29, 2011 RECEIVED Vail Office:
Thomas W.Korver* 953 S.Frontage Road W.
Eli A.Feldman AUG 0 f iU 11 Suite 202
Katherine A.D.Ryan Vail,CO 81657
Karen L.Henderson Weld Comfy „apartment 970-476-5295 Tel.
*Also Admitted in Wyoming GREELEY OFFICE 970-476-5309 Fax.
Joanna Williams, P.E.
Water Resource Engineer
Division of Water Resources
1313 Sherman Street, Suite 818
Denver, CO 80203
Re: Equus Farms/Weld County Case No USR-1786/Well Permit No. 171202-A
Dear Joanna:
This is a follow-up to your letter to Weld County dated July 11, 2011, and our
subsequent phone conversation. As reflected in your July 11 letter, you were concerned
• whether the proposed use of water from the well currently having Permit No. 171202-A
would be in excess of its permitted uses. As you will recall, the current permit limits use
to that related to two single family dwellings. I indicated that the best course of action
might be to re-permit the well as a 35+acre domestic well that would allow its use in
three single dwellings.
Enclosed are the following documents for your review:
1. A well permit application to re-permit the well as an exempt domestic 35+
well that will allow its use in three single dwellings and the other exempt
uses provided for by statute for such wells.
2. An affidavit from Michael Johnson, the Assistant Ranch Manager,
confirming the proposed uses of the well, and that the well is not used for
commercial purposes.
3. Our check in the amount of$100 for the well permit application fee.
Please process the new well permit application at your earliest opportunity. If you
have any concerns, or require any additional information, please contact me.
Very tru . yours
Michael F. ro
•
• cc w/o enclosures: Tom Parko
Weld County Planner
1555 N. 17th Ave.
Greeley, CO 80631
cc via email: Michael Johnson
Richard Jones
Heath Kuntz
•
•
• AFFIDAVIT OF MICHAEL JOHNSON
I, Michael Johnson, being first duly sworn upon my oath, state and affirm as follows:
1. I am the Assistant Ranch Manager for Equus Farms, Inc. ("Equus").
2. A well currently exists on land owned by Equus located in the
NE1/4SW1/4 of Section 18, Township 4 North, Range 61 West, 6th P.M.
having permit number 171202-A (the "Subject Well").
3. The Subject Well is used to provide water for ordinary household
purposes inside three single family dwellings, consisting of a main house,
a caretaker house and a guest house, as well as the watering of domestic
animals and livestock, fire protection and the irrigation of not over one
acre of home lawns and gardens.
4. The use of the Subject Well is non-commercial, as the main house and
guest house are only used for the owner's family, friends and guests. The
caretaker home is used by the caretaker and his family. No commercial
events utilize water from the Subject Well. Although sometimes referred
to as a"lodge,"the home is simply a large family dwelling, is not open to
the public, and is not used in a commercial operation.
• Further affiant sayeth not.
Executed this 7 day of July, 2011.
ichael Jo s
STATE OF COLORADO )
cCY Aka ) ss.
COUNTY OF /JE/1VEl)2 )
Subscribed and sworn to before me this o27 —day of July, 2011 by Michael
Johnson.
Witness my hand and official seal.
Notary Pub c
• My commission expires: a3/ oZD/T
00047321
e COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-44(05/2011)
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., ROOM 821,DENVER,CO 80203
Main:(303)866-3581 Fax:(303)866-3589
RESIDENTIAL Note:Also use this form to apply for livestock watering
• Water Well Permit Application
Review form instructions prior to completing form.
The form must be completed in black or blue Ink or typed.
1.Applicant Information
Name of applicant 6. Use Of Well (check applicable boxes)
Equus Farms,Inc. See instructions to determine use(s)for which you may qualify
0 A.Ordinary household use in one single-family dwelling
Mailing address (no outside use)
37139 Highway 34
-- ® B. Ordinary household use in 1 to 3 single-family dwellings:
city state Zip code
Kersey CO 80644 Number of dwellings: 3
Telephone# Email(optional) [XI Home gardenAawn irrigation,not to exceed one acre:
I
(970) 274.2805 Mike.Johnson@wildblue.net area irrigated 15,000 ® sq.ft.❑acre
2.Type Of Application (check applicable boxes) ® Domestic animal watering—(non-commercial)
❑Construct new well 0 Change source(aquifer) 0 C. Livestock watering(on farm/ranch/range/pasture)
❑ Replace existing well 0 Reapplication(expired permit)
®Use existing well 0 Rooftop precip.collection 7.Well Data(proposed)
I J Change or increase use 0 Other: Maximum pumping rate Annual amount to be withdrawn
15 gpm 3 acre-feet
3. Refer To (if applicable)
Total depth Aquifer
Well permit# Water Court case#
65 feet All Unnamed Aquifers
171202A
Designated Basin Determination# Well name or# 8.Water Supplier
Is this parcel within boundaries of a water service area?OYES®NO
4. Location Of Proposed Well (Important! See Instructions) If yes,provide name of supplier:
county 9.Type Of Sewage System
Weld NE 1/4 of the SW 1/4
-
Section Township N orS Range E or W Principal Meridian ® Septic tank I absorption leach field
18 4 a❑ 61 ❑E Sixth 0 Central system:District name:
Distance of well from section lines(section lines am typically not property lines) ❑ Vault:Location sewage to be hauled to:
• 2,485 Ft.from ONE S 1,787 Ft.from❑E131W
For replacement wells only-Dst feeID direction from old well to new well Other(attach copy of engineering design and report)
feet direction 10. Proposed Well Driller License#(optional):
Well location address(Include City,State,Ai) 0 Check if well address is same as in Item 1. 11. Signature Of Applicant(s)Or Authorized Agent
21855 Weld County Road 87 The making of false statements herein constitutes perjury in the second
Kersey,CO 80644 degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S.
Optional:GPs well location information in UTM format. GPs unit settings are as follows:
24-4-104(13)(a). I hay= ead the statements herein,know the contents
Form at must be UTM i thereof and state that I -y -re true to my knowledge.
❑Zone 12 or O Zone 13 Fading.
563074.9 Sign here(Must be original Mg atu Date
Units must be Meters44 7-d7- (I
Datum must be NAD83 Northing: 6251.1 -
Unit must be sotto tine north Print(�/name�t Brie t�t
L
Was GPS unit checked for above? 0 YES Remember to set Datum to NAD83 t - L( `V 1/4\t\eWaor\ DV-Airier
el
5. Parcel On Which Well Will Be Located Office Use Only 1V1
(YOU MUST ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) USGS map name DWR map no. Surface elev.
A.You must check and complete one of the following:
❑ Subdivision:Name Receipt area only
Lot Block Filing/Unit
❑ County exemption(attach copy of county approval&survey):
Name/# Lot#
❑ Parcel less than 35 acres,not in a subdivision,attach a deed with metes
and bounds description recorded prior to June 1, 1972,and a current
deed
❑ Mining claim(attach a copy of the deed or survey):Name/# -- -- - -- _ -
❑ Square 40 acre parcel as described in Item 4 AQUAMAP
❑ Parcel of 35 or more acres(attach a metes and bounds description or survey) WE
❑ Other(attach metes&bounds description or survey and supporting documents) WR
B.#or acres in parcel C.Are you the owner of this parcel?
82.63 EYES 0 NO(if no-see instructions) CWCB
• D.Will this be the only well on this parcel? OYES lal NO(if no-list other wells) TOPO
43247-F-R MYLAR
E. State Parcel lD#(optional): SB5 DIV_ WD BA MD _
• PROPERTY DESCRIPTION
A parcel of land located in Section Eighteen (18), Township Four North(T.4N.), Range Sixty-
one West(R.61 W.), and the East Half(E1/2) of Section Thirteen(13), Township Four North
(T.4N.),Range Sixty-two West(R.62W.), Sixth Principal Meridian(6thP.M.), County of Weld,
State of Colorado and being more particularly described as follows:
COMMENCING at the Northeast Corner of said Section 18 and assuming the East line of
Northeast Quarter(NE1/4)of said Section 18 as bearing South 01°10'31"East,being a Grid
Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum
1983/92, a distance of 2666.46 feet with all other bearings contained herein relative thereto:
THENCE South 01° 10' 31"East along said East line a distance of 721.30 feet to the POINT OF
BEGINNING;
THENCE continuing along said East line South 01° 10' 31"East a distance of 166.45 feet;
TI-IENCE South 74° 15'43" West a distance of 58.36 feet;
THENCE South 56° 05' 42" West a distance of 50.59 feet;
THENCE South 50° 34' 57" West a distance of 140.28 feet;
THENCE South 18° 51' 30" West a distance of 14.59 feet;
THENCE South 21° 14' 59" East a distance of 29.69 feet;
THENCE South 12° 34'45" West a distance of 48.99 feet;
THENCE South 07° 54' 56"East a distance of 100.09 feet;
• THENCE South 17° 39' 22" East a distance of 116.70 feet;
THENCE South 09° 32'28"East a distance of 55.13 feet;
THENCE South 29° 14' 29" West a distance of 54.47 feet;
THENCE South 29° 15' 30" West a distance of 77.53 feet;
THENCE South 57° 45' 00" West a distance of 83.25 feet;
THENCE South 73° 51'27" West a distance of 105.90 feet;
THENCE North 88° 52' 12" West a distance of 96.85 feet;
THENCE North 59° 20' 52" West a distance of 78.02 feet;
THENCE North 60° 31' 17" West a distance of 134.89 feet;
THENCE South 75° 20' 10" West a distance of 46.44 feet;
THENCE South 51° OW 31" West a distance of 55.61 feet;
THENCE South 42° 04' 13" West a distance of 54.84 feet;
THENCE South 46° 30'49" West a distance of 100.27 feet;
THENCE South 48° 41' 34" West a distance of 134.39 feet;
THENCE South 49° 38' 55" West a distance of 166.12 feet;
THENCE South 50° 18'20" West a distance of 141.21 feet;
THENCE South 56° 08' 05" West a distance of 127.16 feet;
THENCE South 70°43' 39" West a distance of 114.42 feet;
THENCE South 22° 16' 44" East a distance of 17.34 feet;
THENCE South 00° 38' 47" East a distance of 22.12 feet;
THENCE South 45° 43' 20" West a distance of 25.11 feet;
THENCE South 70° 27' 31" West a distance of 155.38 feet;
THENCE South 25° 55' 16"East a distance of 309.80 feet;
•
• THENCE South 46° 54' 09" West a distance of 19.17 feet;
THENCE South 53°22' 55" West a distance of 62.08 feet;
THENCE South 18° 12' 52" West a distance of 35.24 feet;
THENCE South 24° 52' 31" West a distance of 88.28 feet;
THENCE South 75° 13' 22" West a distance of 34.38 feet;
THENCE South 88° 18' 12" West a distance of 108.39 feet;
THENCE North 79° 41' 30" West a distance of 57.71 feet;
THENCE North 56° 03' 56" West a distance of 22.96 feet;
THENCE South 83° 07' 34" West a distance of 128.20 feet;
THENCE South 88°40' 15" West a distance of 36.21 feet;
THENCE North 62° 57' 18" West a distance of 46.49 feet;
THENCE North 77°08' 02" West a distance of 80.89 feet;
THENCE South 88° 33' 29" West a distance of 86.95 feet;
THENCE South 84° 12' 01" West a distance of 45.40 feet;
THENCE North 65°44' 19" West a distance of 87.99 feet;
THENCE North 87° 12' 14" West a distance of 61.23 feet;
THENCE South 79° 14' 22" West a distance of 64.64 feet;
THENCE North 88°47'06" West a distance of 45.41 feet;
THENCE North 80° 30'38" West a distance of 130.77 feet;
THENCE North 80° 39' 34" West a distance of 128.14 feet;
THENCE North 86° 53' 33" West a distance of 70.87 feet;
THENCE South 09° 37' 06" West a distance of 28.01 feet;
THENCE North 71° 02'22" West a distance of 21.24 feet;
THENCE North 12° 53' 25" West a distance of 21.96 feet;
• THENCE North 85° 12'26" West a distance of 46.39 feet;
THENCE South 00° 30' 27" West a distance of 48.54 feet;
THENCE South 03°41' 30" West a distance of 25.92 feet;
THENCE South 46° 31' 56" West a distance of 17.16 feet;
THENCE North 83°30'36" West a distance of 37.65 feet;
THENCE South 87° 12' 35" West a distance of 82.91 feet;
THENCE North 88° 20' 13" West a distance of 63.09 feet;
THENCE South 85° 52' 51" West a distance of 70.42 feet;
THENCE South 14° 44' 07" West a distance of 19.82 feet;
THENCE South 67° 48' 53" West a distance of 30.27 feet;
THENCE North 86° 06' 18" West a distance of 109.50 feet;
THENCE South 01° 07' 32"East a distance of 81.04 feet;
THENCE South 15° 53' 12" East a distance of 57.08 feet;
THENCE South 06° 03' 30" East a distance of 66.01 feet;
THENCE South 45° 43'24" West a distance of 34.62 feet;
THENCE South 28° 30' 32" West a distance of 49.29 feet;
THENCE South 29° 16' 27" West a distance of 16.27 feet;
THENCE South 34° 20' 13" West a distance of 18.35 feet;
THENCE South 04° 16' 10" West a distance of 49.28 feet;
THENCE South 63° 12' 02" West a distance of 18.70 feet;
THENCE South 08° 22' 05" West a distance of 25.88 feet;
THENCE South 08° 54'44" East a distance of 49.35 feet;
•
• THENCE South 43° 08' 01" West a distance of 59.34 feet;
THENCE South 76° 43'00" West a distance of 35.68 feet;
THENCE North 80° 56'40" West a distance of 83.81 feet;
THENCE North 64° 50' 54" West a distance of 24.11 feet;
THENCE North 60° 15'29" West a distance of 33.90 feet;
THENCE North 86° 41'47" West a distance of 41.47 feet;
THENCE North 32° 35' 07" West a distance of 33.08 feet;
THENCE North 33° 04' 56" East a distance of 40.66 feet;
THENCE North 07° 09'55" East a distance of 47.62 feet;
THENCE North 37° 25' 11" West a distance of 36.92 feet;
THENCE South 80° 37' 42" West a distance of 66.40 feet;
THENCE North 15° 04' 08" West a distance of 107.08 feet;
THENCE North 15° 31'05" West a distance of 55.97 feet;
THENCE North 00°40'03" East a distance of 45.06 feet;
THENCE North 12° 30' 10" West a distance of 53.23 feet;
THENCE North 85° 13' 12" West a distance of 38.08 feet;
THENCE South 77° 34' 36" West a distance of 74.67 feet;
THENCE South 67° 14' 23" West a distance of 46.27 feet;
THENCE South 78° 59'45" West a distance of 48.05 feet;
THENCE North 88° 20' 59" West a distance of 38.96 feet;
THENCE North 81° 57' 18" West a distance of 75.33 feet;
THENCE North 88° 03' 50" West a distance of 84.03 feet;
THENCE North 85° 50' 23" West a distance of 44.00 feet;
THENCE North 79° 32' 19" West a distance of 45.82 feet;
• THENCE North 77° 23' 56" West a distance of 137.19 feet;
THENCE South 81° 51' 19" West a distance of 81.05 feet;
THENCE South 84° 36' 32" West a distance of 115.83 feet;
THENCE South 62° 05' 19" West a distance of 162.55 feet;
THENCE South 75° 10' 39" West a distance of 137.82 feet;
THENCE South 60° 09' 36" West a distance of 276.44 feet;
THENCE South 42° 47' 35" West a distance of 182.60 feet;
THENCE North 38° 59'29" West a distance of 44.30 feet;
THENCE North 65° 09'46" West a distance of 94.99 feet;
THENCE North 41° 56'09" West a distance of 33.15 feet;
THENCE North 29° 23' 18" West a distance of 39.31 feet;
THENCE North 00°24'44" West a distance of 138.57 feet;
THENCE North 11° 15'20" West a distance of 94.17 feet;
THENCE South 77° 32'21" West a distance of 50.90 feet;
THENCE South 80° 48'49" West a distance of 90.45 feet;
THENCE North 71° 51'44" West a distance of 110.76 feet;
THENCE North 62° 44' 18" West a distance of 256.45 feet;
THENCE North 28° 42'47" East a distance of 120.77 feet;
THENCE North 27° 27'48" West a distance of 29.33 feet;
THENCE North 00° 19'48" West a distance of 28.70 feet;
THENCE North 60° 24' 55" East a distance of 72.05 feet;
THENCE South 73° 11' 39" East a distance of 81.93 feet;
•
• THENCE North 65° 58' 19"East a distance of 55.55 feet;
THENCE North 36° 36' 19"East a distance of 162.74 feet;
THENCE North 35° 36' 53"East a distance of 175.66 feet;
THENCE North 04° 39'42" West a distance of 66.60 feet to a fence line, and approximately
along said fence line the following 12 courses and distances;
THENCE North 00° 59' 32" West a distance of 633.89 feet;
THENCE South 75° 38' 00" East a distance of 665.94 feet;
THENCE South 32° 10' 41" East a distance of 252.14 feet;
THENCE South 64° 06' 19" East a distance of 681.42 feet;
THENCE South 75° 58' 06" East a distance of 317.67 feet;
THENCE North 02°46' 51" East a distance of 37.66 feet;
THENCE South 84° 16' 23" East a distance of 63.27 feet;
THENCE South 05° 55' 35" West a distance of 37.57 feet;
THENCE North 86° 52'29" East a distance of 748.34 feet;
THENCE North 80° 14'21" East a distance of 1189.38 feet;
THENCE South 24° 33' 53" East a distance of 124.85 feet
THENCE North 62° 12' 55" East a distance of 47.78 feet;
THENCE North 71°48' 12" East a distance of 116.81 feet;
THENCE North 68°41'44" East a distance of 56.52 feet;
THENCE North 69°20'44" East a distance of 20.51 feet;
THENCE North 24° 16'23" West a distance of 49.64 feet;
THENCE North 59°45' 58" East a distance of 42.69 feet;
THENCE South 62° 06' 33" East a distance of 76.37 feet;
THENCE North 56° 13'48" East a distance of 108.87 feet;
• THENCE North 49° 19' 38" East a distance of 162.57 feet;
THENCE North 47° 28'28" East a distance of 207.01 feet;
THENCE North 41°42'46" East a distance of 179.78 feet;
THENCE North 02° 51' 17" East a distance of 50.64 feet;
THENCE North 02° 22'02" East a distance of 68.13 feet;
THENCE North 22° 38'24" West a distance of 197.34 feet;
THENCE North 36° 08'40" East a distance of 53.27 feet;
THENCE North 72° 55'49" East a distance of 109.94 feet;
THENCE North 38° 24'48" East a distance of 69.04 feet;
THENCE South 78° 53' 16" East a distance of 26.95 feet;
THENCE South 10° 52' 06" East a distance of 20.30 feet;
THENCE North 83° 03'03" East a distance of 170.30 feet;
THENCE North 79°20'36" East a distance of 156.77 feet;
THENCE South 45° 05' 35" East a distance of 41.82 feet;
THENCE North 59° 14'00" East a distance of 47.43 feet;
THENCE North 63° 56' 53" East a distance of 54.54 feet;
THENCE North 50° 05'42" East a distance of 83.29 feet;
THENCE North 53° 08'21" East a distance of 78.07 feet;
THENCE North 46° 43' 19" East a distance of 186.49 feet to the POINT OF BEGINNING;
•
• Said parcel contains 82.63 acres or 3,599,347sq. ft. more or less(±), and is subject to any rights-
of-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Lawrence S.Pepek, a Colorado Registered Professional Land Surveyor do hereby state that
this Property Description was prepared under my personal supervision and checking, and that it
is true and correct to the best of my knowledge and belief.
Lawrence S.Pepek
Colorado Registered Professional
Land Surveyor#33642
•
•
DEPARTMENT OF NA'IURAI. RESOURCES
:i �..
/
lo, DIVISION OF WATER RESOURCES
John W.I hckcnlooper
CIo,ornor
\hk'King
I'No:t Vt•[)irtctor
Dick 11 of .l'.F:
t)irrt-torStatc Enginva'r
August 5, 2011
Tom Parko. Planner
Weld County Department of Planning Services
1555 N 17th Ave.
Greeley, CO 80631
Re: Equus Farms, Inc., Revised Referral Comments
Case Number: USR-1786
Section 18, T4N, R61 W and the E112 of Section 13, T4N, R62W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Parka
We have reviewed the above referenced proposal and additional information received in
• our office on August 1. 2011. This referral does not appear to qualify as a "subdivision' as defined
in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4. 2005
memorandum to county planning directors, this office will only perform a cursory review of the
referral information and provide comments. The comments do not address the adequacy of the
water supply plan for this project or the ability of the water supply plan to satisfy any County
regulations or requirements. In addition, the comments provided herein cannot be used to
guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical
availability of water.
The applicant has requested that water for domestic purposes be provided by an existing
Laramie-Fox Hills Aquifer well with permit number 171202-A. This permit allows for the following
uses: ordinary household use inside two single family dwellings, fire protection, the watering of
poultry. domestic animals and livestock on a farm or ranch, and the irrigation of not more than
15.000 square feet of home gardens and lawns with annual withdrawal limited to 1 acre-foot. The
permit was issued to replace an existing well that was put to beneficial use prior to May 8, 1972
and the well was limited to the historical use of the original well. The well, as currently permitted, is
limited to ordinary household use inside two single family dwellings. Based on additional
information provided, the proposal includes three single family dwellings. but does not include any
commercial use. The applicant can likely re-permit the well as an exempt well pursuant to Section
37-92-602(3)(b) as the only exempt well on a parcel of more than 35 acres supplying domestic
uses within three (3) single family dwellings, the irrigation of not more than one (1) acre of home
gardens and lawns, and the watering of domestic animals. Such a permit application was received
in our office on August 1 and it will be evaluated based on the applicable statutes.
Michael Johnson, the Assistant Ranch Manager for Equus Farms, Inc. submitted the
attached affidavit dated July 27, 2011 stating that the use of the subject well is non-commercial
• and that the main house and guest house are only used for the owner's family, friends and guests.
Based on that information, the well, once re-permitted to allow for use in three single family
Office of the State Engineer
1313 Sherman Sure L Suite:It S•Denver,CO*02(13• Phone: 3[13-S$(-35S I • lax 3U.1 866-3-SS9
http:' \\'ater.'-taty co.u'
DIVISION OF WATER RESOURCES
Name' Tom Parko
•
Date August 5. 2011
Page 2 of 2
dwellings, can be used to serve the property in accordance with the terms and conditions of the
well permit. Should the use of the property at any time be changed to a commercial operation a
commercial well permit will be required.
The applicant has requested that water for irrigation be provided by an existing well with
permit no 43247-F-R. This permit allows for up to 500 acre-feet per year of appropriation for
irrigation use within the Riverside Irrigation District. Use of the well is subject to the terms and
conditions of the decree granted in case no. 88CW239 in Division 1 Water Court (as Riverside Well
no 2).
Should you have any questions in this matter, please contact Tracy Kosloff of this office.
Sincerely,
•
Joanna Williams, P.E.
Water Resource Engineer
• JMW/TLK
cc: Dave Nettles, Division Engineer
Brent Schantz, Water Commissioner, District 1
•
. . •
A 3 0 I ;::!1.1JAFFIDAVIT OF MICHAEL JOHNSON
... t•7,`i••.1\fir i.t•
I, Michael Johnson. being first duly sworn upon my oath, state and affirm as follows:
1. I am the Assistant Ranch Manager for Equus Farms. inc. ("Equus").
2. A well currently exists on land owned by Equus located in the
NEI/4SWl/4 of Section 18,Township 4 North. Range 61 West. 6th P.M.
having permit number 171202-A (the "Subject Well").
3. The Subject Well is used to provide water for ordinary household
purposes inside three single family dwellings, consisting of a main house.
a caretaker house and a guest house. as well as the watering of domestic
animals and livestock, fire protection and the irrigation of not over one
acre of home lawns and gardens.
4. The use of the Subject Well is non-commercial,as the main house and
guest house arc only used for the owner's family, friends and guests. The
caretaker home is used by the caretaker and his family. No commercial
events utilize water from the Subject Well. Although sometimes referred
to as a"lodge," the home is simply a large family dwelling, is not open to
the public, and is not used in a commercial operation.
• Further affiant sayeth not.
Executed this day of July. 2011. C:\\
Johyisaq
t.
STATE OF COLORADO ) `\ �I
ss.
COUNTY OF
Subscribed and sworn to before nee this . :day of July. 2011 by Michael
Johnson.
Witness my hand and official seal.
•
Notary Public
My commission expires:
•
00047321
RECEIVED
duL 1 3 2011
DEPARTMENT OF THE ARMY
• CORPS OF ENGINEERS,OMAHA DISTRICT
DENVER REGULATORY Weld County Planning Department
OFFICE,9307 SOUTH WADSWORTH BOULEVARD GREEL.EY OFFICE
• LITTLETON,COLORADO 80128-6901
`r,rrs w"
July 8,2011
Ms. Kristine Ranslem
Planning Technician
Weld County Planning Services
1555 N 17th Ave
Greeley CO 80631
RE: USR-1786,Equus Farms
Corps File No. 199681151
Dear Ms. Ranslem:
Reference is made to the above mention project located in Section 18, T4N, R61 W, Weld
County, Colorado.
If any work requires the discharge of dredged or fill material, and any excavation associated with
a dredged or fill project, either temporary or permanent, in an aquatic site,which may include ephemeral
• and perennial streams, wetlands, lakes,ponds, drainage ditches and irrigation ditches,this office should
be notified by a proponent of the project for Department of the Army permits, changes in permit
requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act.
Work in an aquatic site should be identified by the proponent of the project and be shown on a
map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal
Degrees(datum NAD 83)and the dimensions of work in each aquatic site. Any loss of an aquatic site
may require mitigation. Mitigation requirements will be determined during the Department of the Army
permitting review.
If there are any questions call Mr.Terry McKee of my office at 303-979-4120 and refer to
Corps File No. 199681151.
Sincerely,
'V
Tim thy T. rey
Chi= Deny: R _ulato •ffice
tm
•
Hello