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Home My WebLink About20093475.tiff• 44/tr lURe. COLORADO August 31, 2009 JYJY LLC Go James Younger 18288 CR 12 Ft Lupton CO 80621 • DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 www.co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: SE -1154 -A Subdivision Exemption located on a parcel of land described as Lot B RE -1481; Part of the N2NW4 of Section 7, Ti N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Kim Planner 07009-8 975 .sr 7/37 { WELD COUNTY, COLORADO -'DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304.6498 1 Date: 2d ! Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE j. , 4221-ZPMH i 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. ❑ CASH ,CHECK NO. j TOTAL FEE Receipted By: DL# Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICE 91810TH STREET GREELEY, CO 80631 PHONE: 970-3534100, EXT. 3540 / FAX: 970-304-6498 Date: 20 Received From: Receipt No. i Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 1-;G - L/t , / ( , 0:5 6560 -RECORDING FEE e - Oct/ /7, (- n misc. ❑ CASH )(CHECK NO. 233 Receipted By: 2-y/ l/ DL# Exp. TOTAL FEE Wi`De COLORADO APPLICATION FLOW SHEET APPLICANT: JYJY LLC CASE #: SE -1154 REQUEST: Subdivision Exemption in conjunction with RE -4966 LEGAL: Lot B RE -1481; Part of the N2NW4 of Section 7, T1 N, R65W of the 6th P.M., Weld County Colorado. LOCATION: South of and adjacent to CR 12 and east of and adjacent to CR 37 PARCEL ID #: 1473 07 000024 ACRES: 68.13 +/- Acres Date By Application Received Application Completed 8/28/09 KO Referrals listed 8/31/09 KR Vicinity map prepared 8/31/09 assemble(NOMK- (NOMFile Kit Case logged in computer -% Letter to applicant mailed 1 Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes_ No_x_ IGA Yes_ No_x_ Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes No_x_ • • SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED (check one) ❑ Property line adjustment Used with Recorded Exemption ❑ Financing Purposes ❑ Public Utility Facility Parcel Number y '7 3-�2--��- 0 a- (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office or www.co.weld.co.usl Legal Description PT N z 1O w H Section '7 , Township I North, Range [?r West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes )( No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No_ FEE OWNER(S) OF THE PROPERTY: Name: JY TY 1. Lc Work Phone # 3 }-c l0-Sd-ri Home Phone # 3 03-1-3L-lificr Email Address Cbu•-iti ft ecl, corm (a. on I. con, Address: /j t%(' (Aic-AI}- City/State/Zip Code Fitt Lt.-Ct), ?063 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Jo_ C T YN,, ,t /- WorkPhone #zuz-sui,-ii-'-- Home Phone # 103-t1L-96rr Email Address co,4kyfiecl F4, (.)o0Lcawc Address: iRe-gr buck City/State/Zip Code Fart LYf,to oat kas,a I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this Subdivision Exemption on the above described unincorporated area of Weld County. Signature: Owner or Ai 1)-I /61 uthorited Agent Date Signature: Owner or Authorized Agent Date -4- The purpose of the subdivision exemption is to bring the property as a whole into compliance with Weld county zoning. The gentleman residing at 18284 road 12 is 79 years old and would like all as of us would to enjoy the remaining years left in his own home. My own inquiries have pretty much shown that a mobile home the age of Mr. Bicklers would not be allowed into a park. At such a time as he would depart this life or not be able to care for himself, I would like to see my daughter and her family have the lot for the purpose of building their own home. Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Subdivision Exemption No. 1154 All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system addressed as 18284 WCR 12. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. The applicant shall submit written evidence from the Colorado Division of Water Resources, indicating which individual wells are permitted for domestic use for each RE lot as well as the SE lot. Provide a drawing to the Weld County Department of Public Health & Environment, which indicates the approved well permit number and septic permit number for each residence on the property. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic systems, with dimensions and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. F. Direct access from a public road is limited to one access per parcel, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. G. The SE Lot, having an address of 18284 County Road 12 shall use the existing residential access point as no additional accesses shall be granted. For Lot B of RE -4966, the applicant shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. J. County Road 12 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 12 shall be delineated right-of-way on the plat. This road is maintained by Weld County. County Road 37 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 10 feet from the centerline of County Road 37 shall be delineated on the plat as right-of-way for the future expansion of County Road 37. This road is maintained by Weld County. L. All vehicles located on the property must be operational with current license plates, be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. The property is in violation of Chapter 23 of the Weld County Code (Violation #ZCV09-00158). The applicant shall schedule a final inspection with the Weld County Zoning Compliance Officer and submit a copy of the closure letter indicating compliance with Chapter 23 of the Weld County Code. 't.pi4eG nF The applicant shall complete and submit the appropriate zoning and building permit applications and pay the appropriate fees to the Weld County Department of Planning Services for the mobile home structure located on the Subdivision Exemption Lot. O. The Subdivision Exemption Lot shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. P. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. Q. The following notes shall be placed on the plat: a. This Subdivision Exemption was approved in conjunction with Recorded Exemption 4966 for the purpose of dividing off a second set of existing residential improvements from the parcel. b. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. c. Any future structures or uses on site must obtain the appropriate zoning and building permits. d. Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. e. Potential purchasers should be aware that the lot may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. g Potential purchasers should be aware that approval of this Subdivision Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. h. Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Subdivision Exemption number. Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the International Fire Code. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. k. The approved configuration of the Subdivision Exemption Lot does not constitute justification for further land splits. The existing accessory building located on the property shall comply with the definition of Accessory Building in Section 23-1-90 of the Weld County Code and maintain compliance with the following conditions: a) Electricity is the only utility which will be connected to the structure. b) The structure shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. m. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. n. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) o. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) p WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. This Subdivision Exemption was approved to subdivide a second set of improvements. 6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.weld.co.us. 9. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By Date: September 29, 2009 Kim Ogle [1 Planner • • Weld County Treasurer Statement of Taxes Due Account Number M0030401 Parcel 147307000024 Legal Description Sltus Address PT N2NW4 7 1 63 LOT B REC EXEMPT RE -1481 IMPS ONLY MH LAND YOUNGER JAMES 4820 37 CR e3 FORT LUPTON 80621 E & JANA L MOBILE/MODULAR SERIAL: 03561493G YEAR: 1973 MAKE: HOMETTE SIZE: 14X66 SITUS: 4820 37 CR 3 FORT LUPTON 80621 Account: M0030401 YOUNGER JAMES E & 18288 COUNTY RD 12 FORT LUPTON, CO 80621 Year 2008 2008 2008 Charges REBILLING FEE Interest Tax Billed $5.00 $0.92 $30.68 Payments $5.00 $0.92 $30.68 Balance $0.00 $0.00 $0.00 Grand Total Due as of 07/20/2009 $0.00 Tax Billed at 2008 Rates for Tax Mu 2218 - 2218 Authority WELD COUNTY SCHOOL DIST RE3J CENTRAL COLORADO WATER (CCW HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 • Credit Levy Mill Levy 16.804000* 26.196000 0.540000* 3.697000 6.323000 3.260000 Amount Values Actual Assessed $9.07 MANUFCTRD.HOUSI $6,827 $540 $14.15 NG-IMPRVMT $0.29 Total $6,827 $540 $2.00 $3.41 $1.76 56.820000 $30.68 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80832 1400 N 17th Ave, Greeley CO 80631 (970) 353.3845 ext. 3290 • • Weld County Treasurer Statement of Taxes Due Account Numbed R0338694 Parcel 147307000024 Legal Description PT N2NW4 7-1-85 LOT B REC EXEMPT RE -1481 (1.70R.16S) 4820 37 CR WELD Sltus Address 4820 37 CR WELD Account: R0338694 JYJY LLC 4820 CR 37 FORT LUPTON, CO 80621 Year 2008 2008 2008 Charges REBILLING FEE Interest Tex Billed $5.00 $44.98 $1,499.47 Payments $5.00 $44.98 $1,499.47 Balance $0.00 $0.00 $0.00 Grand Total Due as of 07/20/2009 $0.00 Tax Billed at 2008 Rates for Tax Arca2218 - 2218 Authority WELD COUNTY SCHOOL DIST RE3J CENTRAL COLORADO WATER (CCW HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 "Credit Levy MITI Levy Amount 16.804000' $443.47 26.196000 $691.30 0.540000' $14.25 3.697000 $97.56 6.323000 $166.86 3.260000 $86.03 56.820000 $1,499.47 Values AG,ALL OTHER LAND MANUFCTRD HOUSING -IMPS ALL OTHER AG IMPS Total Actual $17,714 $56,937 $57.669 Assessed $5,140 $4,530 $16,720 $132,320 $26,390 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE UENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY -AUGUST 1. Weld County Treasurer Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's a are due d tat -not delinquent Signed: �� ; Date: Name:JVJ County Towns & Cities _Attorney _Ault /`yHealth Department _Berthoud _Extension Office _Brighton _Emergency Mgt Office - Ed Herring _Dacono Sheriffs Office Eaton Public Works _Erie _Housing Authority _Evans _Airport Authority _Firestone _Building Inspection _Fort Lupton Code Compliance _N: Ann _S -Beth _Frederick Kim Ogle (Landscape Plans) _Garden City _Lin (Addressing Change of Zone) _Gilcrest Ambulance Services _Greeley Grover State _Hudson _Div. of Water Resources _Johnstown Geological Survey _Keenesburg _Department of Health _Kersey Department of Transportation _LaSalle Historical Society _Lochbuie _Water Conservation Board _Longmont _Oil & Gas Conservation Commission _Mead Milliken Division of Wildlife _New Raymer _South Hvy 66 (Loveland) _Northglenn North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams Broomfield _Little Thompson _Larimer REFERRAL LIST Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Other School District RE - Central Colo. Water Conservancy Dist RR _Ditch Company, _Art Elmquist (MUD Area) Commissioner Case #: SC— fl sV Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-1 3 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal miU KG/tiJ Pi/vaiva:im-i-10' Parcel ID #/4175 b i O(1OO24 Zone /It- Acres? (05.'/3 USDA 6/ Airport Np Geo Haz A/U FP? NO Panel # IGA? • ORD # MUD?/U (-kb, LI I Wine COLORADO • • SEP 3 S Weld County Referral August 31, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant JYJY LLC Case Number SE -1154 Please Reply By September 30, 2009 Planner Kim ogle Project Subdivision Exemption in conjunction with RE -4966 Legal Lot B RE -1481; Part of the N2NW4 of Section 7, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 12 and east of and adjacent to CR 37. For a more precise location, see legal. Parcel Number 1473 07 000024 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. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. 0 See attached letter. Comments: Signature Agency +Weld County Planning Dept. 4.918 10th Street, Greeley, CO. 80631 x(970) 353-6100 ext.3540 (•(970)304-6498 fax atig Ilk COLORADO Weld County anning Department GREEEY OFFICE MEMORANDUM SEP 187009 RECEIVED TO: Kim Ogle, Planning Services DATE: September 17, 2009 FROM: Heidi Hansen, P.E., Public Works Department \\ p"\ SUBJECT: SE -1154, JYJY, LLC The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 12 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. WCR 37 is a collector road and requires an 80 -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. The most current road count for WCR 37 is 1716 AADT taken in February of 2008. Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. REQUIREMENTS: The applicant shall utilize the existing residential access to 18284 WCR 12 and ensure that this access is within the newly created SE lot. For Lot B, the applicant shall utilize the existing agricultural, oil and gas, and ditch roads necessary for your operation. 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. 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: SE -1154 Page I of I M:\PLANNING — DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1154.docx WIiDc. COLORADO DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: JYJY, LLC Case Number: SE 1154 Request: Subdivision Exemption in Conjunction with Recorded Exemption No. 4966 Legal Description: Lot B of RE -1481; part N2NW4 Section 7, Township 1 North, Range 65 West of the 6th P.M. Parcel Number: 1473-07-0-00-024 Parcel size: 68.13+/- acres Planner: Ogle Criteria Checklist Meets Criteria Yes No NA X X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24-8-40 of the Weld County Code have been met. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. The Applicant has proposed a well as the source of adequate water for the Subdivision Exemption lot. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County J Y 0Ft- r 4-.1 ^i aver c.ys,<a wcll)— Nat "Paid GC 'Pr tarty Lino wca37 3 Acrej R E letq INon, t Rt Lot B b7 Ades }Pro& R.d, we usI !vet Prot, l prod S E Lot 3 Acres Irapy wcRis. ICJ I t).pgt.icRIa F6q L J Y 0 0 C j 'UC237 3 ,Icreg E ! otq RE Lot (3 127 Ac►eS "PvC4.• ProLl ri] Pvotk grope✓ ty 17.4'1 wct:i: L • • Road File #: RE #: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Date: Other Case #: 1. Applicant Name ; i. Phone Address • f t City i i . State Zip 2. Address or Location of Access • r Section 7 Township Range Subdivision Block Lot Weld County Road #: 7 Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes <: No # of Accesses , 4. Proposed Use: J Permanent J Residential/Agricultural J Industrial 0 Temporary J Subdivision J Commercial J Other ***************************tt*t vet t*ttt:t*ttt*tt 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access • = Existing Access NT OFFICE USE ONLY; J Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Reviewed By Installation Authorized Information Insufficient Title: -7- P CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES PREMIER TITLE AGENCY OF COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972 and the most recent deed recorded prior to August 30, 1972, LEGAL DESCRIPTION: LOT B, RECORDED EXEMPTION PLAT NO. 1473 -07 -2 -RE -1481, RECORDED JULY 27, 1993 IN BOOK 1394 AT RECEPTION NO. 234936, BEING A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONVEYANCES: ✓Quit Claim Deed recorded 3/3/2006 at Reception No. 3367719. t -Warranty Deed recorded 8/20/1998 at Reception No. 2634824 t -Quit Claim Deed recorded 2/23/1993 at Reception No. 2322807 vSpecial Warranty Deed recorded 3/5/1992 at Reception No. 02280181 `Special Warranty Deed recorded 12/19/1990 at Reception No. 02236351 fr.-Warranty Deed recorded 8/18/1969 at Reception No. 1535473. This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of PREMIER TITLE AGENCY OF COLORADO, is hereby limited to the fee paid for this certificate. In Witness Whereof, PREMIER TITLE AGENCY OF COLORADO has caused this certificate to be signed by its proper officer this 19th day of August, 2009. PREMIER TITLE AGENCY OF COLORADO By: Jacqueline Bartlett, Title Examiner I11111111111111111111111 iun uiii iiiiiii 1111111111 niii Nii ill • 719 3367719 03/03/2006 03:OOP Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder QUITCLAIM DEED THIS DEED, dated January2G , 2006 between James E. Younger and Jana L. Younger, of the County of Weld and State of Colorado, grantor, and JYJY, LLC, a Colorado limited liability company, having a legal address of. 4820 Weld County Road 37, Fort Lupton, Colorado 80621 WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise. release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the water rights, together with improvements, if any, situate, lying and being in the County of Weld, and State of Colorado, described as follows: Lot B, recorded Exemption No. 1473 -07 -2 -RE -1481, recorded July 27, 1993 in Book 1394 at Reception No. 2342936, being a part of the North '/r of the Northwest '/4 of Section 7, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anyway thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Jana L l.� oun 8er STATE OF COLORADO } }ss Pthpii reen 44-In5 Ft • rdifire_fsregorbgeliaSument was acknowledged before me this .26 f'" day of January, 2006 by James L. r /AIWA e4 } Routh. Younger. z} Wigashlyisclo ial seal. My'cormrd ices: 25 ZO07 YI,Y 111111 If IIIII uu1111111 III ullul III u111 liii liii • 26J4624 -0t/70/1866 -11:348 -Maid. County -CO 1 of 1 R 6.00 0 26.00 JA SAL Tsukemoto WARRANTY DEED THIS DEED, Made this day of August 17, 1998, between SAMUEL *SCHEER of the County of WELDandState- of COLORADO, grantor, and JAMES E. YOUNGER AND JANA L. YOUNGER whose legal address is 4820 WELD COUNTY ROAD #37, FORT LUPTON, COLORADO 80621 of the County of WELD and State of COLORADO, grantees: HITEESSETH, that the grantor, for and in consideration of the sum of $280,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, hes granted, bargained, sold and conveyed, end by these. presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of CD and State of Colorado, described as follows: LOT B, RECORDED EEEEPTION NO. 1473 -07 -2 -RE -1481, BEING A PART OF THE NORTH 1/2 OF TEE NW 1/4 OP SECTION 7, TOWNSHIP 1 NORTH, RANGE 65 WEST Or THE 6TH' rat., WELD- COUNTY`, COLORADO; PER IMP- RECORDED- JULY 27., 199-} IN BOOK 1394 AS RECEPTION NO. 2342936. also known by street and number as 4820 WELD COUNTY ROAD #37, FORT LUPTON, COLORADO 80 TOfEYIIR with all and singular the hereditasents and appurtenance. thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditmente and appurtenances. TO NAY& MD TO NOW the said prisiaeg above bargained and described, with the appurtenances, unto the said grantees, their heirs and assigns forever. And the grantor, for himself, hie heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the sane are free and clear frost all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature saver, EXCEPT FOR TAXES FOR TIN CURRENT YEAR, A LIEN 80T NO? YET DOS CR PAYABLE, EASLWNTS, RESTRICTIONS, COMMITS AND RIGHTS -01-0Y M RECORD, IP MY, The grantor shall and will WARRANT MD FOREVER DEPEND the above -bargained premises in the Quiet and peaceable pa ion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gender.. IN WIDNES NIEREOF the grantor has executed this deed on the date set forth above. STATE Of COLORADO Os,. COMTE Cf ADAM M1DEL BI�R The foregoing instrument was acknowledged before me this day of August 17, 199E by SMWEL BICN&R Ey Cosaission expires; NOy9SER 30, 2000 Witness my hand and official seal. 921A Rev 3-85 IBRRAMY DEED (to Joint Tenants) DEBORA WOOD 1 NOTARY PUBLIC STATE OF COLORADO H My Comnis,ign F+:;::run I /30/2000 Fa53ic: DEBORA WOOD CASEY 2483411 DOC FEE S 28.00 III371 REC 02322807 02/23/93 12:16 $5.00 1/001 AE23&M3? 361 NAM: ANN FEUERSTEIN CLERK 6 RE RDER WELD CO, CO QUIT CLAIM DEED SAMUEL BICKLBR whose address le 18024 Weld County Road 12, Fort Lupton, CO 80621 County of Weld , and State of Colorado , for the consideration of ( $10.00) Ten and no/100 -Dollars, in hand paid, hereby sell(s)and quit clalm(s)to Samuel Bickler whose address Is 18024 Weld County Road 12, Fort Lupton, CO 80621 County of Weld , and State of Colorado , the following real property, in the County of Weld , and State of Colorado, to wit: The N1/2 NW 1/4 Section 7, Township 1 North, Range 65 West of the 6th PM. also known as street and number 18024 Weld County Road 12, Fort Lupton, Colorado 80621 with all its appurtenances. Signed this R a tlay of February STATE OP COLORADO. County of Weld The (tiring Instrument was ncknorl,deedWore methis a a'S. (NyeFebruary Is 93 , 'UEapuel Bickler. wI(jceomaMto{'ijproa 10-2h199S �� ifaifrata W1'Pt(p$! piPl,lin• d ina omeAl seal.'K.ddcBurl an skirk My Comonsion 1090FISS0 ken FL ails 80521�s ,19 93. 2c•. 1 Samuel Bickler St ✓; Li eCttf 1^ de, Ne394 Eby. US. QUIT CLAIM 115101 ion mono ntlrr,l NSPMnp. 11,2 "ism A. 14„0. ('n 11201 O0.41rtO04 AM 28 AEC 02280181 03/05/92 15:13 •.00 1/001 112260]6] - 196 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SPECIAL WARRANTY DEED THIS DEED, Mede this 4th day of March 1992 . betimes Denver Feed Company, a Colorado Co ration, debtor -in -possession, *r •�*� of the County of I't fete e.‘,JE . Slate of Colorado. grantmfsl. and Samuel Sickles whose legal addles is 11936 High Scr^et Northglenn, Colorado 80233 Doc Fee of the $12.00 County of 1\ eir.wsl . Stew or Colorado. pranmeal: WTINESSETH. Thai le granlonsk for and in eetsidendon of the sum of One Hunised Twenty Thousand and No/100ths -- — -..----- .------- ___ DOLLARS. l therecelpanwf&lemy Mwbich is beretuackwaledged. has Erased.bargainer. odd andconselrd.and by Moe presets does gram. ': Spin. set convey anleuofmt. limo dm granleelsl. his heirs and micas faesee. all the teal property, together with impiousness. — ' Rely. situate. lying and being in the County of Weld . State of Colorado. descried asfollows: The NW1/4 of Section 7, Township 1 North, Range 65 West of the 6th P.M.; EXCEPT that part of the SW1/4 of the NW1/4 of said Section 7 covered by the waters of that certain reservoir known and called the "Dougan Reservoir" up to the high water line thereof, said high water line being more particularly shown on that certain map attached to and made a part of that certain agreement dated August 25, 1905 and recorded July 24, 1908 in Book 281,. page 406; as conveyed to D. N. Dougan and P. V. Carlin by Deed recorded in Book 278 at page 517. TOGETHER WITH two domestic wells under permit numbers 22035 and 19161. also known by sleet and number as: 11024 Weld County Road 12, Fort Lupton, Colorado 80621 TEINtridruitli all and singular the Iwreditoments and appnnenances thereto belonging. or in anywise appertaining. and the reunion and I. iesdsioneemillaiond remainders. mos. issues and profits thereof: and all the estate, right. title, Interco. claim and demand whosoever of the h(neorest either fn'{ry4oi equhy, of. in and to the above bewared red premises. with the homdhamems and appurtenances: 'trIA€ANDTOIOLD the said premises above bargained and described with the appurtenances. umo tegrateef.k his heirs and .1t usTpteMeii.Thej tmfsk for it elf its heirs and personal epmentatfsea orwcceston.du es covenant and epee that ••.,{L- • dellghdditl WARRANT AND FOREVER DEFEND the ahmebepined penises in the quiet and peaceable possessionofue stomata). %did assigns. opine all :edee7case, or resorts claiming the whole or any pan Newf. by. through or under drcgrama:Is; ;IN \ltlW&{SWHEREOF. the granensl ha s executed this deed en the date set forth abets. Bye Gfoldman, Secretary STATE OF COIDRADO Denver Feed Company, a Colorado Corpora on debtor -in -possession, By: Norbert G. Goldman, President County of The foregoing imtmment was acknowledged before me this 4th duo( March • I9 92 • by Norbert. G. Goldman, President*of Denver Feed Company, a Colorado Corporation, debtor -in -possession, .*pn4 .by.Betty. Goldman, Secretary Witness my hard end official seal. My commission expires ''..11.!& gem,. deal 'City and.' _—J No. 16.Rn. 315. SPECIAL WARRANTY oafs Bedford IsbhAter. 170 wise Si .Owes. CO10201-1W111a{-]mh—ben B 1285 REC 02236351 12/19/90 09:48 a 5.00 1/001 AR22363S1 F 1034 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SPECIAL pARRANTY DEED Siete //(j/... S... Warren Farms, Inc., a Colorado corporation, with an address of 6151 Brighton Boulevard, Commerce City, Colorado 80022 ("Grantor"), for Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Denver Feed( Company, a Colorado corporation, with an address of 6151 Brighton Boulevard, Commerce City, Colorado 80022, real property located in the County of Weld, State of ,Colorado and more particularly described as follows: The NW quarter (NW i) of Section 7, Township 1 North, Range 65 West of the Sixth P.M., Weld County, Colorado, with all its appurtenances, and warrants the title to the same against all persons claiming under Grantor, subject to reservations, easements and restrictions of record and subject to the lien of taxes for the year 1990 and subsequent years. EXECUTED as of this /ray of December, 1990. WARREN FARMS, INC., a Colorado corporation 4g� :✓ 7c� __ By: k Go dman, Secretary 9 rn4#1 Betty G ;' • an, Pres dent fi rdei c 4F1'E'.Cf r COLORADO 040o..''11 )ss. CITY -AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this I'� day of December, 1990 by Betty Goldman as President and Norbert G. Goldman as Secretary of Warren Farms, Inc., a Colorado corporation. Witness my hand and official seal. My Commission Expires: 2 ..... PP. Notary Public 679P.0MmIWIak -4 •43 u 'au; ct; IttX1t fie o- v4'Sbg ;i4fPPstr+_`a * Samwa 15 tar WIttpstit *ea Art; C'. kbt Oat: a 41,O1fr'- n Va'l'e : ,' 4, FINDINGS OF THE STATE ENGINEER IN THE MATTER OF AN APPLICATION FOR A PERMIT TO USE AN EXISTING WELL IN WATER DIVISION NO. 1, WELD COUNTY, COLORADO APPLICANT : JAMES E. YOUNGER DBA JYJY LLC AQUIFER: LARAMIE-FOX HILLS PERMIT NO.: 68811-F In compliance with C.R.S. 37-90-137(1) and the Statewide Nontributary Ground Water Rules, James E. Younger DBA JYJY LLC, (hereinafter "applicant") submitted an application for a permit to use an existing well. Based on information provided by the applicant and records of the Division of Water Resources, the State Engineer finds as follows: 1. The application was received complete by the State Engineer on November 20, 2009. 2. The applicant proposes to use a well that was constructed in the NW1/4 of the NW1/4 of Section 7, Township 1 North, Range 65 West, 6th Principal Meridian under permit no. 22035. 3. The existing well is located outside the boundaries of a designated ground water basin. 4. The applicant proposes to apply the water withdrawn from the well to the following beneficial uses: Commercial, Irrigation, and domestic. 5. The proposed maximum pumping rate of the well is 15 gallons per minute, and the requested average annual amount of ground water to be withdrawn is the maximum amount allowable. 6. The applicant is the owner of the land on which the well exists. 7. The existing well would withdraw ground water from the Laramie -Fox Hills Aquifer (hereinafter "aquifer"), which, according to the Denver Basin Rules, is located 735 feet to 1,020 feet below land surface at the location of the proposed well. 8. The location of the existing well is more than 600 feet from any existing well completed in the aquifer. 9. According to a sworn statement, the applicant owns, or has consent to withdraw ground water underlying 70 acres of land as further described in said statement, which is attached hereto as Exhibit A. 10. Withdrawal of ground water from the aquifer underlying the land claimed by the applicant will not, within one hundred years, deplete the flow of a natural stream at an annual rate greater Applicant: James E. Younger DBA JYJY LLC Aquifer: Laramie -Fox Hills Permit no.: 68811-F Page 2 than one -tenth of one percent of the annual rate of withdrawal and therefore the ground water is nontributary ground water as defined in C.R.S. 37-90-103(10.5). 11. In considering whether the requested permit shall be approved the provisions of C.R.S. 37-90-137(4) and the Denver Basin Rules shall apply. Withdrawals shall be allowed on the basis of an aquifer's life of 100 years, C.R.S. 37-90-137(4)(b)(l). 12. The quantity of water in the aquifer, exclusive of artificial recharge, underlying the 70 acres of land described in Exhibit A is 1,628 acre-feet. This determination was based on the following as specified in the Denver Basin Rules: a. The average specific yield of the saturated aquifer materials underlying the land under consideration is 15 percent. b. The average thickness of the saturated aquifer materials underlying the land under consideration is 155 feet. 13. A review of the records in the State Engineer's office has not disclosed that there are any existing wells or other water rights claiming or diverting ground water from the aquifer underlying the land claimed by the applicant. Based on the above, the State Engineer finds that there is water available for withdrawal by the existing well and no material injury to vested water rights would result from the issuance of the requested permit subject to the following conditions: a. The allowed average annual amount of water to be withdrawn from the aquifer by the well shall not exceed 16.3 acre-feet (the quantity of water which is considered available divided by the 100 year aquifer life). b. The well shall be located no more than 200 feet from the location specified on the permit application. c. The applicant shall submit geophysical and lithologic logs after the construction of the well. The geophysical logs shall be obtained from the hole before the casings are installed. d. The maximum pumping rate of the well shall not exceed 15 gallons per minute. e. A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. f. Production is limited to the Laramie -Fox Hills Aquifer. The well must be constructed with plain, non -perforated casing properly grouted so as to prevent intermingling of water between aquifers. g. Pursuant to C.R.S. 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water withdrawn annually shall be consumed and the applicant Applicant: James E. Younger DBA JYJY LLC Aquifer: Laramie -Fox Hills Permit no.: 68811-F Page 3 shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water withdrawn will be consumed. h. The owner shall mark the well in a conspicuous place with appropriate well permit numbers, name of the aquifer, and court case numbers. He shall take necessary means and precautions to preserve these markings. Dated thisEgIN day of Ujecemlo0 Prepared by: JLM Form:0546(o) By: oann- Williams Water -esource Engineer ,2009 . Director/State Engineer Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 68811 -F DIV. 1 WD2 DES. BASIN MD JAMES E YOUNGER DBA JYJY LLC 18288 WELD COUNTY ROAD 12 FORT LUPTON, CO 80621-8506 (303) 506-9252 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION WELD COUNTY NW 1/4 NW 1/4 Section 7 Township 1 N Range 65 W Sixth P.M. DISTANCES FROM SECTION LINES 1011 Ft. from North Section Line 1288 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved for the use of an existing well constructed under permit no. 22035. 4) Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated December 8, 2009. 5) The use of ground water from this well is limited to commercial, irrigation, and domestic. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 16 acre-feet. 8) Production is limited to the Laramie Fox Hills aquifer. 9) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to installing casing. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 12) This welt shall be located at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 13) This well shall be located no more than 200 feet from the location specified on this permit. 14) Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water withdrawn annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water withdrawn will be consumed.; 15) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. 16) The issuance of this permit hereby cancels permit no. 22035. NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE: To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. APPROVED JLV State Engineer Receipt No. 3643126 DATE ISSUED 12-08-2009 By X ' I RATI O DATE E' 08-2010 Hello