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Home My WebLink About20102751.tiff • Dn) Weld County Referral August 10, 2010 11 I C. AUG 1 3 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant I Rocky Mountain Wildlife I Case Number AmUSR-1253 Conservation Center dba The Wild Animal Sanctuary _ Please Reply By September 10, 2010 Planner Kim Ogle Project A Site Specific Development Plan and Amended Use by Special Review Permit for the keeping, raising or boarding of exotic animals (Rocky Mountain Wildlife Conservation Center-Wild Animal Sanctuary and Kennel) in the A (Agricultural) Zone District. Legal Lot A and Lot B RE-2344, Part N2NW4 of Section 28, Ti N, R64W; Lot A and Lot B Corrected AmRE-2541, Part S2SW4 of Section 28, Ti N, R64W; Lot A and Lot B • RE-4034, Part E2SE4 of Section 20, Ti N, R64W; N2SW4 of Section 21, Ti N, R64W of the 6th P.M., Weld County, Colorado. Location North and South of and adjacent to vacated CR 6; West and East of and adjacent to CR 53. Parcel Number 1475 28 000011, 1475 28 000012, 1475 21 300023, 1475 21 300024, 1475 21 000005, 1475 20 400020, & 1475 20 400021 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. EXHIBIT See attached letter. Comments: I • Signature cd `""` ct, Date 'r /o Agency -Ta6(w c (Altot- LS +Weld County Planning Dept. •:•1555 N 17th Ave, Greeley, CO. 80631 •}(970)353-6100 e#.3540 4(970)3 2010-2751 Weld County Planning Department GREELEY OFFICE SEP 13 min • Kit MEMORANDUM RECEIVED TO: Kim Ogle, Planning Services DATE: September 8, 2010 WIDCFROM: Heidi Hansen, P.E., Public Works Department -4 A II II' COLORADO SUBJECT: AmUSR-1253, The Wild Animal Sanctuary 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): WCR 53 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. Access: • The applicant shall utilize the existing access to the property east of WCR 53. 1. When expansion to the west side of WCR 53 takes place the applicant will need to obtain Access Permits from the Weld County Public Works Department for any new accesses or for a change of use to any existing accesses. 2. 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. Storm Water Drainage: The site is mainly open grassland so storm water runoff control measures are not required 3. 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. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • pc:AmUSR-1253 MAPLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1253 Wild Animal Sanctuary\AmUSR-1253.doex • (it L'H" MEMORANDUM Il1 TO: Kim Ogle, Planning Services O FROM: Lauren Light, Environmental Health " • SUBJECT: AMUSR-1253 COLORADO DATE: 9/20/2010 Environmental Health Services has reviewed this proposal for an amendment to the existing Rocky Mountain Wildlife Conservation Center dba The Wild Animal Sanctuary. The expansion will include the addition of habitat areas for the animals as well as expand the public visitation areas. A prairie dog habitat is not included with this amendment. According to our records there are four existing septic permits for the property. Permit G-19940075 corresponds with the house addressed as 1942 CR 53 and is sized for 6 people. Permit SP-9600121 is assigned to 2245 CR 53 and is sized for 10 people. Permit SP-0000445 matches the home addressed as 2020 CR 53 and is sized for 8 • people. Permit SP-9800374 is also addressed as 1942 CR 53 and is sized for 6 people and appears to have been reviewed by an engineer in 2000 who determined the system was large enough for 20 volunteers and 60 visitors per day. The application states that additional restrooms will be added in the future for public access areas. There were 4 well permits and 1 change in ownership for a well permit, received with the application. The well permits indicate use is limited to ordinary household purposes, watering of domestic animals and livestock, and irrigation of not more than 1 acre of home gardens and lawns. The use of the wells for the animal sanctuary requirements shall be verified in writing by the Division of Water Resources. A change in use for the well permits may be required. The original USR allowed the use of portable toilets for temporary events and allowed the use of commercial bottled water as an adequate source of water. The application indicates that driveways and parking lots used by the public are constructed with a gravel base and recycled asphalt for dust control. Animal pens are seeded with native grass for erosion and dust control. The waste handling plan indicates animal waste is composted and then spread on sanctuary land. A commercial disposal company provides service for other waste. We did not receive the contact information for the commercial disposal company. • • 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. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the wells are appropriately permitted for the Sanctuary use. 2. 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. 3. 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 following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). • 2) A list of the type and volume of chemicals expected to be stored on site. 3) The 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. (USR-1253) 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. (USR-1253) 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. (USR-1253) • 2 • 4. The applicant shall operate in accordance with the approved "waste handling plan". 5. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. . 6. 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". 7. 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. (USR-1253) 8. Adequate drinking, handwashing and toilet facilities shall be provided for employees, volunteers and patrons of the facility, at all times. (USR-1253) 9. In the event daily uses of the facility exceed the number of people for whom the septic systems are designed, the facility may supplement the on-site septic system with portable toilet units for temporary events. The Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum guideline. • (USR-1253) 10.The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. (USR-1253) 11. 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). Bottled water provided by a commercial source shall be considered an adequate source. (USR-1253) 12.This application is utilizing wells 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. 13.The operation shall maintain all applicable and valid permits from the United States Department of Agriculture and the Division of Wildlife. (USR-1253) • 3 • 14.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • • 4 DEPARTMENT OF PLANNING SERVICES 6 1555 N 17`" Avenue 4 GREELEY, COLORADO 80631 • PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 COLORADO August 27, 2010 Applicant: Rocky Mountain Wildlife Conservation Center dba The Wild Animal Sanctuary Project: A Site Specific Development Plan and Amended Use by Special Review Permit for the keeping, raising or boarding of exotic animals (Rocky Mountain Wildlife Conservation Center —Wild Animal Sanctuary and Kennel) in the A (Agricultural) Zone District. Case Number: AmUSR-1253 Parcel Number: 1475 28 000011, 1475 28 000012, 1475 21 300023, 1475 21 300024, 1475 21 000005, 1475 20 400020 & 1475 20 400021 1. Building permits shall be obtained prior to starting. An application and building permit is required for each structure. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each • permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. 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. 3. All building plans shall be submitted to the Hudson & Keenesburg Fire Protection District for review and approval prior to issue of Building Permits, Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 • • _ MEMORANDUM TO: DATE: Case File, 27 2010mSR-1253 August COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: AmUSR-1253 Landscape Plan Referral This proposal is for an expansion of an existing and established Wildlife Sanctuary in southeast Weld County, near Keenesburg. The application materials discuss the overall concept of the landscape plan for the facility's expansion in this amendment. In the original application that applicant was requested to amend"the plat to include the size and common and botanical names of trees used in the landscaping"[on site]. Additionally, there appears to be a natural swale through the site and the Hudson Canal bisects the property. These two site features may be conduits for non-exotic animal migration and travel across the rangeland and grassland areas associated with this area. The applicant should consider a • setback from each of these physical features so as to not restrict travel and to limit the potential interactions with the animals associated with the sanctuary. There is a proposed subdivision adjacent to the East of the existing facility. Knowing that the sanctuary is currently operating from this location, it is suggested that the applicant contact the property owner/ developer to discuss setbacks from their proposed development and that of the sanctuary. Utilizing lands for open space, conservation or buffering may be an acceptable solution in addition to posting the property with signs indicating a Wildlife Sanctuary. The applicant should consider in the development of the overall Master plan for the sanctuary, a Landscape concept plan. This plan could provide a legend and additional information regarding the existing and proposed plant material species, including the existing on-site plant material delineated with a single dot in the center of the circle and proposed additional plant material with a "+" in the middle of each circle. The application materials address the issue of the dryland seed mix to be utilized within this sanctuary. The appropriate seed mix shall be identified by manufacturer, percent of seed mix by species and rate of application, if applicable. Further, the applicant shall state whether the seed shall be drilled or broadcast at installation. In concept the proposed landscape plan and range management plan is acceptable for this amendment to USR-1253. End memorandum. • SERVICE,TEAMWORK,INTEGRIIY,QUALITY MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 • Telephone: 303.825.0416 Fax: 303.825.3202 September 3, 2010 Via e-mail and Federal Express Kim Ogle Planning and Building Department 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Rocky Mountain Wildlife Conservation Center Township 1 North, Range 64 West Sections 20, 21 and 28 (portions) Weld County, Colorado Dear Kim: Weld County has received an application for a site specific development plan and use by special review permit for the rescue and care of exotic animals, boarding, kennels, veterinary • clinics and public education buildings from Rocky Mountain Wildlife Conservation Center ("Applicant") for property in Weld County described as portions of Sections 20, 21 and 28, Township 1 North, Range 64 West ("Property"). This law firm represents Anadarko Land Corp. and Anadarko E&P Company LP (together the "Anadarko Entities") with respect to applications for development that the Applicant files with the County that include the Property. The Anadarko Entities own all of the minerals that underlie the portions of the application lands located in Section 21. Please find enclosed a letter dated September 3, 2010 entitled "Notice of Mineral Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the Anadarko Entities as follows: • Kim Ogle September 3, 2010 Page 2 • Anadarko Petroleum Corporation Attention: Andrew Voelker 1099 18`11 Street, Suite 1800 Denver, Colorado 80202 Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, Molly Sommerville Buchanan, P.C. Molly S. Buchanan Enclosure cc: Marla Jones, Esq. • Andrew Voelker Don Ballard Joel Sauer/ Foundation Energy Management LLC Pat Craig/ for Applicant • MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 • Fax: 303.825.3202 September 3, 2010 Via e-mail and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 1555 N. 17th Avenue 1555 N. 17`h Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Rocky Mountain Wildlife Conservation Center Township 1 North, Range 64 West Sections 20, 21 and 28 (portions) Weld County, Colorado Ladies and Gentlemen: I. This notice and objection letter is submitted on behalf of Anadarko Land Corp. and Anadarko E&P Company LP (together the "Anadarko entities") with respect to the application that has been filed with Weld County ("County") by the Rocky Mountain Wildlife Conservation Center ("Applicant") for the approval of an application for a site specific development plan and use by special review permit for the rescue and care of exotic animals, boarding, kennels, veterinary clinics and public education buildings for property described as portions of Sections 20, 21 and 28, Township 1 North, Range 64 West in Weld County ("Property"). The Anadarko entities own all of the minerals that underlie the portions of the application lands located in Section 21 and hereinafter referred to as the "Anadarko Mineral Property." The Anadarko entities hereby give notice to the County of the mineral interests they own under the Property and object to the approval of a final application for development until an agreement is reached among the Anadarko entities and the Applicant with respect to their mineral interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Interests Owned by the Anadarko Entities. The Anadarko entities own all of the oil and gas that underlies the Anadarko Mineral Property. Anadarko or a predecessor or affiliate company granted an oil and gas lease for the Anadarko Mineral Property, interests in which are currently owned by Foundation Energy • Management LLC. Members of the Board of County Commissioners and Manning Commission for Weld County September 3, 2010 Page 2 • Records at the Colorado Oil and Gas Conservation Commission reflect that Foundation operates a producing well in the SE/4SW/4 of Section 21. Current rules and regulations of the Colorado Oil and Gas Conservation Commission allow for five drilling windows in a quarter section in the geographic area where the Anadarko Mineral Property is located, one in the center of the quarter section and one in the center of each quarter quarter section. 2. The Coal and Hard Rock Mineral Interests owned by Anadarko Land. Anadarko Land owns all of the hard rock mineral interests, including the coal, that underlies the Anadarko Mineral Property. Information at Anadarko Land indicates that the Anadarko Mineral Property is underlain with Laramie Formation coals that are approximately 16.3 feet thick at an average depth of approximately 756 feet. Laramie Formation coal typically has a high BTU of about 8900 to 9800 btu/lb and a low sulfur content of between .3 and .8 percent. Enclosed is a copy of the pertinent portion of the Colorado Coal Resources and Development map prepared by the Colorado Geologic Survey that documents the nature and type of coal resources that underlie the Anadarko Mineral Property. • 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals,' and case law and Colorado statutes provide that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each others rights. 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also, Gerrity Oil&Gas Corporation v. Magness,946 P.2d 913 (Colo. 1977) for the principle that the owners of both estates must exercise • their rights in a manner consistent with one another. Members of the Board of County Commissioners and Planning Commission for Weld County September 3, 2010 Page 3 • Union Pacific Railroad Company gave a deed to The Western Land Company dated August 25, 1908 and recorded October 2, 1908 in Book 233 at Page 171 in which it reserved the minerals. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book 644 at Page 23-1. Applicant had record notice at the time it acquired its interests in the Property that the minerals were severed from the surface estate and that it received less than the entire interest in the Anadarko Mineral Property. 5. The Anadarko Entities Have Entered into Many Agreements with Developers. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the mineral estates. The Anadarko entities have initiated discussion with the Applicant and are hopeful that an agreement can be reached between the parties. Because no agreement has been reached among the parties to date and in order to protect their interests, the Anadarko entities object to the application and request that the County make any approval of a final application for development for the Property conditioned upon an agreement among the Anadarko entities, the oil and gas lessee and the Applicant. • Very truly yours, Molly Sommerville Buchanan, P.C. Molly S. Buchanan Enclosure cc: Marla Jones, Esq. Andrew Voelker Don Ballard Joel Sauer/ Foundation Energy Management LLC Pat Craig/ for the Applicant • 4 , }. COLORADO GEOIJOG`ICAL SURVEY VLY Map Series 9 / 4/Or/� FCtr '% W" t Sec/rs, Z - EXPLANATION • -- " -.1_� : MUTE van - LESS mix i5� . - Fr. km. QF OY8t8riRi1 -; MUTE HIiH 150 FT. (46 H.) TO- T,0o0 FTIVISK4 OF ID rsusaintartoOS OR BiiU;ti�(0� = ' t 0F"OgEABt1RDENcom vim LESS TN�III iS0R (AG K; S (91I OF e S coL Sam ISO Fr. (481 . •TO• ( X 3~I70XFr € SITIKIZONS COAL VITH taut3,000 FT_ (910 H.) 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Remington, Director 6060 Broadway GREELEY OFFICE For Denver,Colorado 80216 For People Telephone:(303)297-1192 SEP 2..3 90111 wildlife.state.co.us RECEIVED September 3`d, 2010 Weld County Planning Department Mr. Kim Ogle 1555 N. lr Ave. Greeley, CO 80631 RE: AMUSR 1237- The Wild Animal Sanctuary Mr. Ogle: The Colorado Division of Wildlife appreciates the opportunity to comment on the proposed expansion plans of The Wild Animal Sanctuary. The Wild Animal Sanctuary is a non-profit animal rescue organization that is licensed by the Colorado Division of Wildlife (CDOW)and the United States Fish and Wildlife Service. CDOW's priorities in the licensure of this facility are public safety and the • humane treatment of the animals housed at Wild Animal Sanctuary. To ensure public safety and humane treatment of permitted animals on licensed sanctuaries,the Colorado Wildlife Commission implemented regulations specifying the design and type of fencing that can be used;the species and number of animals on the facility license;the treatment of the animals; and other items. After reviewing the application, the CDOW would like to offer suggestions regarding the expansion of the facility on the west side of Weld County Road 53. The plan details an addition of a building and 3 animal habitat (pens)in an area that is bounded on three sides by the Hudson Canal. Along the canal banks,there are wetland areas and cottonwood stands that provide valuable habitat for native Colorado wildlife. Creeks, canals and bottoms are important movement corridors for wildlife, shelter, and food sources for deer, skunks,raccoons, coyotes, waterfowl,and many other species of wildlife. Cottonwoods at this site provide valuable, potential nesting habitat for bald and golden eagles, hawks, and many species of song birds. Placing a pen and building along the Hudson Canal in this location would negatively impact native wildlife in this area through loss of habitat quality and increased human/animal disturbance. In addition, we are concerned that having animal cages in proximity to the canal may lead to potential problems including animal waste flowing into the creek and increased silt flow and soil erosion on adjacent uplands resulting in compromised water quality in this drainage. We would encourage the applicant to consider protecting the riparian corridor along the Hudson Canal by providing adequate setback for development from the riparian edge. With enhancement the riparian zone along Horse Creek could be developed into an important educational amenity providing information to customers on high plains riparian habitat and native Colorado wildlife. Should development of the canal site be unavoidable, we would encourage the applicant to implement strategies that protect the riparian corridor from increased siltation and negative impacts to water quality due to • runoff. Providing adequate setbacks, installation of vegetation filter strips or channeling runoff to containment/treatment facilities are options that should be considered. DEPARTMENT OF NATURAL RESOURCES,Mike King,Executive Director WILDLIFE COMMISSION,Tim Glenn,Chair•Robert Streeter,Vice Chair•Mark Smith,Secretary • CDOW also encourages the applicant to work with the Weld County Sherriff, local emergency response • agencies, CDOW and other appropriate parties to ensure that there is an adequate emergency response plan in place in the event that perimeter and/or paddock fencing becomes compromised or an animals escapes confinement. The details of the plan may include items such as reverse 911 to the neighboring residents notifying them of an escaped animal, establishing emergency safety perimeter, and protocols for handling animals outside the secure compound. Having a response plan in place will help ensure public safety, minimize confusion and maximally insure the proper handling of animals should escape occur. Finally,aquatic invasive species are a risk with any construction in wet areas. If heavy equipment to be used for the project has previously been used in another stream,river, lake,pond,or wetland,one of the following disinfection practices is necessary prior to construction to prevent the spread of New Zealand mud snails, zebra mussels,quagga mussels,whirling disease, and any other aquatic invasive species into this drainage. These practices are also necessary after project completion,prior to this equipment being used in another stream,river, lake,pond, or wetland: • Remove all mud and debris from equipment(tracks,turrets,buckets, drags,teeth,etc.)and spray/soak equipment a 1:15 solution of Sparquat institutional cleaner and water. Keep equipment moist for at least 10 minutes OR • Remove all mud and debris from equipment(tracks,turrets,buckets,drags,teeth,etc.)and spray/soak equipment with water greater than 140 degrees F for at least 10 minutes. Clean hand tools,boots,and any other equipment that will be used in the water with one of the above options as well. The Colorado Division of Wildlife appreciates the opportunity to comment on this project. By • necessity, state and federal regulations for these facilities are detailed and complex. If you have questions regarding our regulations or in other matters concerning this proposal, please feel free to contact District Wildlife Manager Chris Mettenbrink at 970-472-4405. Thank you. Sincerely, Larry Rogstad Area Wildlife Manager Cc: Steve Yamashita, Kathi Green, Larry Rogstad, Chris Mettenbrink, file. • OF C DEPARTMENT OF NATURAL RESOURCES • q = " DIVISION OF WATER RESOURCES t * August pRldath1Rty Planning Department Bill Ritter,Jr. .20. ec 1876 GREELEY OFFICE Governor Mike King 5 ��1n Executive rector AUGl7 Dick Wolfe,P.E. Kim Ogle Director/SateEngineer Weld County Planning Department RECEIVED 918 10th Street Greeley, CO 80631 Re: AmUSR-1253-Rocky Mountain Wildlife Conservation Center dba The Wild Animal Sanctuary —A Site Specific Development Plan and an Amended Use by Special Review Permit for keeping, raising or boarding of exotic animals (Rocky Mountain Wildlife Conservation Center-Wild Animal Sanctuary and Kennel) in A (Agricultural) Zone District Dear Mr. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 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 the physical availability of water. According to the submitted information, water for the Rocky Mountain Wildlife Conservation Center is currently supplied by existing well permit nos. 184140, 198288, 213693, 227168 and 282682. Well permit no. 184140, was issued on December 21, 1994 pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NW1/4 of the NW1/4, Section 28, Township 1 North, Range 64 West of the 6th P.M. The use of the ground water from this well is limited fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and the irrigation of not more than one (1) acre of home gardens and lawns. Our records show that well no. 184140 was constructed to a depth of 500 feet and it produces water from the non-tributary Lower Arapahoe aquifer. Well permit no. 198288, was issued on September 19, 1996 pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NE1/4 of the SE1/4, Section 20, Township 1 North, Range 64 West of the 6th P.M. The use of the ground water from this well is limited fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Our records show that well no. 198288 was constructed to a depth of 520 feet and it produces water from the non-tributary Lower Arapahoe aquifer. • Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.atate.co.us Rocky Mountain Wildlife Conservation Center Page 2 August 16, 2010 • Well permit no. 213693, was issued on November 6, 1998 pursuant to C.R.S. 37-92- 602(3)(b)(l). The use of the ground water from this well is limited to ordinary household purposes inside one single family dwelling, the watering of domestic animals and the irrigation of not more than one (1) acre of home gardens and lawns. Our records show that well no. 213693 was constructed on June 2, 1999 to a depth of 500 feet and it produces water from the non-tributary Lower Arapahoe aquifer. Well permit no. 227168, was issued on July 12, 2000 pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the S1/2 of the S1/2 of the SW1/4, Section 21, Township 1 North, Range 64 West of the 6th P.M. The use of the ground water from this well is limited fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. A Well Construction Report for this well was not received, however the Pump Installation Report submitted for this well on October 24, 2000 shows that this well was constructed to a depth of 630 feet and it produces water from the non-tributary Lower Arapahoe aquifer. Well permit no. 282682, was issued on February 18, 2010 pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the N1/2 of the S1/2 of the SW1/4, Section 21, Township 1 North, Range 64 West of the 6th P.M. The use of the ground water from this well is limited fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Our records show that well no. 282682 was constructed on March 9, 2010 to a depth of 500 feet and it produces water from the non-tributary Lower Arapahoe aquifer. • As permitted the above wells are limited specifically to the uses stated on the permits and cannot provide water to Wildlife Sanctuary, since the operation includes various commercial uses that do not qualify under the statutory exempt provision and are not allow under the current permits. Therefore, the Applicant will need to apply to the State Engineer's Office to change the status of these permit(s) from exempt domestic and livestock uses to non-exempt commercial use, for the well(s) that will be used to supply this development. In addition to the commercial use the non- exempt permits should include all uses of water on the property such as domestic, irrigation, animal watering, etc. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sinc-rely, Alazutia. Joan a Williams, P.E Wat= Resource Engineer JMW/IDC • Hello