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Home My WebLink About20093462.tiffQ riJ 06 O to W d t- cc co N p- CO =zo O • rO PH'S 2 O W W zI woo U Q W CC VS • ww 15 vidence At SS 00 es€ =z a 7L 211 Ill !ES f°6 046 x ( I' 5 8 15 12 18 Sa -0 fa 3 6 #pig� $__ ;6;g2,1/41E S �5gfr8 =Al i 2 6 4°1-k; a `s a .146W M.9➢SI.LOS o0 �3 mR 3.taZO.ION z�E <oS ttm9 .tota los fr 'x t5!i5s5 I a a a 8 .gtag 't" $ a6° U 0 a s I I v O 4 O a a 0 0969-38 108VHN838 :00304NV L060-108VHN83B ,ON BOP DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Marie Bernhardt Estate RE -4950 Planner: C. Gathman Legal Description: SE4 of Section 12, T1 N, R65W of the 6t P.M., Weld County, CO. Parcel ID #: 147312000010 Lot A Size: +/- 3 acres Lot B Size: +1- 5 acres Lot C Size: +/- 5 acres Lot D Size: +/- 147 acres Water Source: Proposed Individual Wells Sewer System: Proposed Individual Septic Systems Yes No Criteria Checklist X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. 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. 4 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. 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 Lots A, B and C, 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 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. Prio; to recording the plat: The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. The plat shall be titled: Recorded Exemption No. 1473-12-4 RE -4950 Lot A, B and C shall use the existing access points as no additional accesses shall be granted. Lot D shall use the existing agricultural access points necessary for agricultural operations as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. County Road 10 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 road right-of-way. The applicant shall verify and delineate on the plat the existing right-of- way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. County Road 49 is designated on the Weld County Road Classification Plan as a Strategic roadway, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet from the centerline of County Road 49 shall be delineated on the plat as future County Road 49 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Wildlife, as stated in the referral response dated July 21, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 0 K L. The applicant shall address the requirements of the Colorado Division of Water Resources as stated in their referral dated July 16, 2009. The applicant shall provide copies of the well permits for Lots A and B or provide evidence that these wells have been registered with the Colorado Division of Water Resources. The applicant shall address the requirements of Weld County School District RE -3J as stated in the referral response dated July 17, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Lots A, B and C 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. Net acreage calculations should not include reserved road right-of-way. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. 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. The following notes shall be placed on the plat: 1) 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, shalt 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C 3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) 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 Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots C and/or D have an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Hudson Fire Protection District to the Weld County Building Department. . 8) Potential purchasers should be aware that Lot C 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. 9) 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. 10) Potential purchasers should be aware that approval of this Recorded 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. 11) 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 Section 15-1-40 of the Weld County Code. . 12) 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.B.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. 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 14) 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) 15) Prior to the release of building permits on Lot A, B, C and/or D, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country 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 long-standing 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 areas: 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; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. 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. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (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. 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. People 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, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 5. The applicant shall submit three (3) 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. 6. 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 may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded 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(c�co.weld.co.us. 8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. 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 Weld County Board of County Commissioners with a staff recommendation for denial. By Date September 20, 2009 Chris Gathman ❑ Planner III - AICP WELD COUNTY, COLORADO ) \._4EPARTMENT OF PLANNING SERVICES 918 10tH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: f` Received From: 20 fE Receipt No. %) ;• 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 6560 -RECORDING FEE rt 4 ,.j L MISC. ❑ CASH NCHECK NO. _ TOTAL FEE Receipted By: DL# ! ;r j Weld County Planning Department GREELEY OFFICE nF1C 1 7 7nno RECEIVED December 15, 2009 Mr. Don Carrol, P.E. Public Works Department RE: Access Requirements for RE 4950 — Marie Bernhardt Estate Dear Mr. Carrol: Thank you for meeting with me in regard to the above referenced recorded exemption. As we discussed the county is requiring that the three residential Lots A, B and C only have one access each. The owner does not have a problem with that requirement on the two vacant lots B and C. However, Lot A located in the south west corner of the farm, has all of the farm improvements including machine sheds, storage sheds and grain bins. The original home blew up this last spring in a propane explosion and it will likely be replaced in the near future by a modular home in the same location as the original home. Lot A currently has three accesses that the owner and tenant farmer have utilized for the last 70 plus years, each at various times during the year depending upon the agricultural access needs at the time. The owner is requesting that the county make a variance to their requirement of only one access for Lot A, as it will cause unnecessary safety hazards and hardships for the owner and tenant farmer by causing large machinery, tractors and trucks to all access through the residential access and driveway. Additionally, the present location of existing trees and farm buildings would also severely limit the access of large machinery through the residential driveway in certain spots. The owner is willing to abandon the furthest east of the three accesses, but would request that the two accesses furthest west, to remain "as is" and as maintained and utilized for the last 70 years for safety purposes. The owner's believe that this is a reasonable request and compromise based on common sense that will meet both the long term goals of county and the agricultural and safety needs of the owners. Your consideration of this situation is greatly appreciated. Please give me a call if you have any further questions, as we would like to resolve this matter as soon as possible. Sincerely, Wayne Howard, Agent for the Owner 970-353-0982 �l�sii 5 1 J. '5 �T14 T/"S November 23, 2009 Mr. Larry Rogstad Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Re: Marie Bernhardt Dear Mr. Rogstad: I am in receipt of your letter to the Weld County Planning Department in regard to the above referenced recorded exemption application. As agent for the Marie Bernhardt Estate in the application and completion of this recorded exemption. The Bernhardt family is in the process of splitting the ownership of this property between family members and are very aware of the need for wildlife conservation and protection in the general. It is fully their intent to continue to manage the property in a way that is "Wildlife friendly" to protect and maintain the wildlife population. We have no intentions of fencing at this time, but should that become a possibility, we will certainly call you if we have any questions. Thank you for your help and suggestions. Sincerely, Wayne Howard, Agent Marie Bernhardt Estate Nov O3 2OO9 1:36PM HP LASERJET FAX p.2 Weld County School District Re -3(J) / 98 Weet Broadway / R.Q. Box 269/ Keenesburg, CC 80643 Tel: (303) 538.20001 Pax: (303) 536-2010 November 3, 2009 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number: RE -4950 (Marie Bernhardt Estate) Dear Planning Services Representative: Weld County School District RE -33 has received a check for $2,464.00 for cash -in -lieu of land attributable to this recorded exemption (Lot C & D). Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact me at 303-536.2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE -31 cc Marie Bernhardt Estate Nov 03 2009 1:36PM HP LASERJET FAX p.3 ESTATE OF MARIE OERNHARbT 2037 JOYOE WESTERMAN PEAS REP v-244/1 TO 10469 W HWY 42 PH. eta -249-7192 ZENDA• KB 87156 Ply �o Clue -3J J $ A; 6 IDot!oret Or lieaSIP Oct 01 2109 7:52AM HP LASERJET FAX p.1 FACSIMILE TRANSMISSION SHEET Weld County School District RE -3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: _ ` 9 TIME: ' Q No. of Pages: & Including cover pegs TO: CJV,A. ,ja m7Qm FAX #: ?10- 30-to9P COMPANY: FROM: COMMENTS: MCI 0700'7 L ial J i.o al1 Qom (' 0 ,.1111 , aim] Jaw caw pillacion.91 l(a urns 0 mis, Urgent Please Acknowledge Receipt Please Call Me Please Forward To Please Notify * Confidentiality Notice • This fax transmittal is intended only for the use of the Individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege, If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mall. Thank you. Oat O1 2►09 7:52AM HP LASERJET FAX P.2 Weld County School District Re -30) !99 West Broadway / P.O. Box 285( Kaerashurg, CO d0S43 Tel; (303) sae -2000 / Fax: (3m3) 538-2010 Please contact Kerrie, at Weld County School District Re -3J, at 303-536.2005 to set up an appointment to pay Recorded Exemption Fees. September 30, 2009 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE -4950 (Marie Bernhardt Estate) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re -3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units -Rom other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students, The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re -33 respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards, the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232 per single-family housing unit (see Table 1.). Therefore you will owe $2464.00 based on having 2 lots. If approved, it is requested that this amount be paid to the school district as a cash -in -lieu of land dedication for each new unit allowed (Lot C 4c1:1). Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash -in -lieu of land of $1,232 is requested for each single-family housing unit which totals $2464.00 for 2 lots. Without such mitigation, the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re -3J STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlifestate.co.us July 21, 2009 Chris Gathman Weld County Planning Department. 918 10th Street Greeley, CO 80631 Re: Marie Bernhardt Estate (RE -4950) Dear Mr. Gathman: N,.',11 County Planning Department GREELEY OFFICE 'G 0 3 7009 ?ECEIVED For WiIdlife- For People Thank you for the opportunity to comment on the Bernhardt four -lot recorded exemption. DistrictWildlife Manager Chris Mettenbrink has visited the site, evaluated the impacts of the project to wildlife, and compiled comments for your review. The property is primarily used for crop production. One can expect that this site would be used by wildlife typically found using crop fields including song birds, hawks, coyotes, raccoons, deer, and a variety of other small mammals. The developer proposes to place residences on the corners of this field outside of the reach of the center pivot that irrigates the main crop standing in the center of the field. The Colorado Division of Wildlife (CDOW) recommends that a weed management plan be implemented during the development of these parcels and for five years following construction. Disturbed areas should be promptly re -vegetated using appropriate native grasses and shrub species to prevent erosion and the invasion of noxious weeds. Noxious weeds adversely impact wildlife habitat and may require costly control measures for landowners. Therefore, we recommend that -strategies to minimize opportunity for establishment and proliferation of invasive weeds be implemented. Fencing to be used in the development of this property should be designed to allow free passage of wildlife through the property. "Wildlife -friendly" fencing minimizes or avoids the use of woven wire type fences that can trap or prevent movement of wildlife. The CDOW encourages the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays between posts. This design allows young animals to pass under, as well as allows mature deer to cross over the top. For more information on wildlife friendly fences, please see our publication at http://wildlife.state.co.uslNR/rdonlyres/196BDD6A-8246-4577-8A7D- 598EB 149061C/0/fencing.pdf. Once again, we appreciate the opportunity to comment on this proposal. If you should have further questions, please contact District Wildlife Manager Chris Mettenbrink at (970) 472-4405. Thank you. Sincerely, Larry Rogstad, Area Wildlife Manager Cc: S. Yamashita, K. Green, L. Rogstad, C. Mettenbrink, file DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES July 16, 2009 Mr. Chris Gathman Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Exemption from Platting -Marie Bernhardt Estate Case No. RE -4950 SE1I4, Sec. 12, TIN, R65W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Gathman: Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director/State Engineer We have reviewed the above referenced proposal to create by exemption four lots of 3.0 acres (Lots A), 5 acres (Lot B), 5 acres (Lot C) and 147 acres (Lot D). The water supply for proposed Lots A and B are existing domestic wells and the water supply for proposed Lots C and D are proposed individual on lot wells or the existing domestic wells on Lots A and B through a shared well agreement. A single-family dwelling was historically located on each of the proposed Lots A and B, however those dwellings were removed. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. The referral information did not include the well permit numbers for the existing domestic wells located on the property and such information could not be determined from a review of the records available in the State Engineer's Office. Therefore, our office does not have adequate information available to comment on the existing wells ability to serve the proposed lots. The ability for proposed Lot C and D to obtain a well permit will be evaluated at the time that the well permit applications are submitted. Should you have any questions in this matter, please contact Joanna Williams of this office. Sincerely, a Williams, P.E. r Resource Engineer Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Jul 17 2OO9 1O:59AM HP LASERJET FAX P.3 Weld County School District R. -3(J 1 D5 West Broadway ! P.O, Box 2S5/ Kesnssburg, CO 50e43 Tel: (353) 556-20C / Fax: (303) 55e -2O10 Please contact Kerrie, at Weld County School District Re -3J, at 303-536-2005 to set up an appointment to pay Recorded Exemption Fees. July 17, 2009 Weld County Department of Planning Services 918 10ei Street Greeley, CO 80631 Case Number: RE -4950 (Marie Bernhardt Estate) Dear Planning Department Official; This project provides for a recorded exemption within the rural area of Weld. County School District Re -33. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re -3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards, the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232 per single-family housing unit (see Table 1). If approved, it is requested that this amount be paid to the school district as a cash -in -lieu of land dedication for each new unit allowed (Lot B, C & D). Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash -in -lieu of land of $1,232 is requested for each single-family housing unit, Therefore, the total due to Weld County School District RE -3J is $3,696.00 for Lot B, C & D. Without such mitigation, the district will recommend that the application be denied, Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re -3.T Jul 17 2009 10:50AM HP LASERJET FAX p.2 z o 4 q In Up to 5.5 DU/AC 2 a A tor as 41 a iL� ti 0 O o A j a�x 6 IOW Lel 1r 0 :rig COLORADO July 10, 2009 Marie Bernhardt Estate do Wayne Howard Terra West Real Estate 800 8th Av, Ste 323 Greeley CO 80631 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4950 - A Recorded Exemption located on a parcel of land described as Part of the SE4 of Section 12, T1 N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the applpcation meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorided 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 thelBoard 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. It is the policy of Weld County to refer an application of this nature to any town or municipality miles of the property in question or if the property under consideration is located within th planning area of a town or municipality. Therefore, our office has forwarded a copy of the su to the Hudson Planning Commission for their review and comments. It is recommended representative be in attendance at the Hudson Planning Commission meeting to answer Commission members may have with respect to your application. Please call Hudson at further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner lying within three e comprehensive bmitted materials that you and/or a any questions the X03-536-9311, for WIioc COLORADO APPLICATION FLOW SHEET APPLICANT: Marie Bernhardt Estate CASE #: RE -4950 REQUEST: Four -Lot Recorded Exemption LEGAL: Part of the SE4 of Section 12, T1 N, R65W of the 6th P.M Colorado. LOCATION: West of and adjacent to CR 49 and approximately i/2 mile Highway 52. PARCEL ID #: 1473 12 000010 ACRES: 156 +1- Acres Date , Weld County south of State B Application Received IQ Application Completed 07/08/09 CC -1 Referrals listed 07/10/09 KR Vicinity map prepared 07/10/09 KR File assembled 10/06i W Case logged in computer Letter to applicant mailed L 2_ Referrals mailed Field check by DPS staff lizocol 62. /� Administrative Review decision: c2t9r-o 471I0a70(} qj Board of County Commissioners hearing of applicable) County Commissioners Hearing Date Date By Surrounding property owners notified Presentation prepared CC action: CC resolution received Date B Plat recorded and filed _ -05/82 } 11 , /`1 1 ~\ 1 1 Overlay Diistr cts Zoning MUD 1 GA Airport Geologic Flood Hazard Agricultural Yes Yes Yes Yes Yes No_x_ No_x_ No_x_ No_x_ No_x_ 5,h .. MP /4,rW - 1\123709 Co 45 viex 17/7 1 / 7/Vi RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 3 - l L- U- 0 C- C / G (12 digit number - found on Tax 1.0. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) Legal Description Section!Z , Township / North, Range45- 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? YesX. No, FEE OWNER(S) OF THE PROPERTY: Name: /'faux tSern(iicA-r .`t` E c Work Phone # Home Phone # Email Address Address: JO SR \&) t gip e City/State/Zip Code Z.v,Gflc_ f S 67/5.1 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Wail nt✓ JLU444 / /eKi • W e,st eee4a1 6 Work Phone #J,353-0 Home Phone # Email Address iijagn VvO 4` : x_ I Address: ra j ` �/}t/e, : JuH 323 J City/State/Zip Code &t f q / (L) 8i'o63 / 011 Lot A Smaller Parcel Lot B Lot C Lot D Water Source ;6, U Wei J6+Y►\0,4-- L CAW] PrToseettom Prerzed Wei( Type of Sewer ' 1,Stec. Sett & SrCr Proposed Use 45 k civAi;61 Acreage ,3 2 St; S- t/4 7 --' Existing Dwellings? If Yes, It address below: 51 / If Yes, list address below: ..1.371.5-- � If Yes, list address below. 9 gyqAl0 If Yes, list address below: �4,G='1 G b A° 02-+a > ° cwt© MY10A '� - * if the property is vacant or unimproved write proposed water source and proposers sewer system for each parcel in the For. example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. 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. 7/4,1 Signature Owner or Authorized Agent Dgire Signature: Owner or Authorized Agent Date -4- RECORDED EXEMPTION OUESTIONAIRE 160 Acre Sprinkler Irrigated Farm SE% Section 12, TIN, R65W 1)a) Domestic Use: Water for the proposed 4 lots will be supplied by domestic wells. Lots A and B already have domestic wells and Lots C and D are propose wells or will have share use agreements for existing wells. b) Irrigation Water: The proposed Lots A, B and C are non -irrigated corners, therefore no water supply is necessary. The Larger Parcel D, will remain irrigated with water provided by existing water rights as historically irrigated by center pivot sprinkler. 2) Sewage Requirements: Proposed Lot A is 3.0 acres and proposed Lots B and C are 5 acres each. All lots will require new septic systems by application to the Weld County Department of Public Health and Environment at such time as the lots are developed. Lot D will likely remain agricultural land only but will also be large enough to support a septic system. 3) Property Use: The property is currently being operated as a sprinkler irrigated farm. The property previously had a house on Lot A and Lot B. However while repairing the septic system, construction workers caused a leak in the propane line to the house resulting in an explosion and fire that destroyed the home on Lot A. While cleaning up that sight vandalism to the other house on proposed Lot B required that house to be raised also. Therefore both houses were torn down, cleaned up and excavated and removed from the site and the work to repair the existing septic systems as required by the county was terminated and discontinued. The houses and existing septic systems have been removed. 4) Proposed Lot Description: This farm is located at the intersection of WCR 10 and WCR 49. Because of the nature of the center pivot farm the proposed lots are requested to better utilize the non -irrigated corners and the improvement sites that previously existed. This configuration will cause the least disruption to the irrigated portion of the farm. All lots will be large enough to adequately support septic systems. 5) Unique Physical Characteristics of Site: There are no unique physical characteristics of this parcel. 6) Buildif Envelope: No building envelopes are requested for any of the lots as they will be required to meet setback requirements of the county. 7) Use by Special Review Permit: There are currently no Business or Use by Special Review permits on the property or any of the proposed new lots. LW) Weld County Treasurer Statement of Taxes Due Account Number R6380286 Parcel 147312000010 Legal Description Situs Address 10756 SE4 12 1 65 (4R) SITUS: 23571 10 CR WELD 00000 23571 10 CR WELD 00000 Account: R6380286 BERNHARDT MARIE 10459 W HWY 42 ZENDA, KS 67159-9001 Year 2008 Charges Tax Billed $2,165.77 Payments $2,165.77 Balance $0.00 Grand Total Due as of 12/11/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2214 - 2214 Authority WELD COUNTY SCHOOL DIST RE3J CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy Amount 16.804000* $626.12 26.196000 $976.05 0.540000* $20.12 1.306000 $48.67 3.697000 $137.75 6.323000 $235.59 3.260000 $121.47 58.126000 $2,165.77 Values Total Actual Assessed $0 $0 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 Pursuant to the Weld County Subdivision Ordinance, the attached Statem nt(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all roperty taxes, special assessments and prior taxes liens currently due and payable connected wi the parcel(s) identified therein have been paid in full. Date ,,`jf/-g July 1, 2009 Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption Applications To Whom It May Concern: I am writing this letter authorizing and appointing Wayne Howard, Terra West Real Estate Services to act as our agent for the Marie Bernhardt estate, Joyce Westerman personal representative, for the preparation and application of a Recorded Exemption, Southeast of Hudson on WCR 10 in Weld County. Thank you for your help in this matter. If you have any questions, please contact Mr. Howard for me. Sincerely, Zr/v,..,„,.._ , gt4. Rep Marie Bernhardt Estate By: Joyce Westerman, Personal Representative Weld County Treasurer Statement of Taxes Due Account Number R63 80286 Parcel 147312000010 Legal Description 10756 SE4 12 1 65 (4R) SITUS: 23571 10 CR WELD 00000 Situs Address 23571 10 CR WELD 00000 Account: R6380286 BERNHARDT MARIE 10459 W HWY 42 ZENDA, KS 67159-9001 Year 2008 Charges Tax Billed $2,165.77 Payments $2,165.77 Balance $0.00 Grand Total Due as of 07/07/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2214 - 2214 Authority WELD COUNTY SCHOOL DIST RE3J CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy Amount Values 16.804000* $626.12 26.196000 $976.05 0.540000` $20.12 1.306000 $48.67 3.697000 $137.75 6.323000 $235.59 3.260000 $121.47 58.126000 $2,165.77 Actual Assessed AG -FLOOD $73,719 $21,380 IRRRIGATED LAND FARM/RANCH $208,637 $16,610 RESIDENCE -IMPS OTHER BLDGS.- $3,124 $910 AGRICULTURAL Total $285,480 $38,900 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached State Due, issued by the Weld County Treasurer, are evidence that, as of this date, all special as ssments and prior taxes liens currently due and payable connected wi identified t erein have been paid in full. Signed `i1t j� 0 _� �I Date ! ent(s) of Taxes roperty taxes, h the parcel(s) 9 REFERRAL LIST Name: Marie Bernhardt Esta County Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State x Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation _Historical Society _Water Conservation Board __,Oil & Gas Conservation Commission Division of Wildlife x South Hwy 66 (Loveland) North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley x Platte Valley West Adams _Little Thompson 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 Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest Greeley Grover x Hudson Johnstown Keenesburg Kersey LaSalle Lochbuie _Longmont ,Mead _Milliken _New Raymer Northglenn _Nunn Pierce Platteville Severance Thornton Windsor Counties Adams ___ Boulder Broomfield ^Larimer Other x School District RE -3 _Central Colo. Water Cons RR Ditch Company _Art Elmquist (MUD Area) Case #: RE -4950 Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 _Frederick Galeton F-6 x Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 _Pawnee F-22 Platteville F-13 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 Commissioner ,.mcu e, h<L Name: County �Attorney X Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office Public Works Housing Authority Airport Authority Building Inspection Code Compliance _N. -Ann KS -Beth Kim Ogle (Landscape Plans) iLin (Addressing Change of Zone) Ambulance Services State i_Div. of Water Resources Geological Survey 'Department of Health Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife .South Hwy 66 (Loveland) _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _.-,Brighton/SE Weld Centennial Greeley/West Greeley Platte Valley West Adams Little Thompson 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 REFERRAL LIST Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone iFort Lupton Frederick _Garden City Glicrest _Greeley Grover Hudson Johnstown Keenesburg _Kersey LaSalle Lochbuie Longmont Mead Milliken New Raymer _ `Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other X School District RE - Central Colo. Water Conservancy Dist RR Ditch Company, Art Elmquist (MUD Area) Commissioner Case #: f2e _^ ifos-1) 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 LPlatte 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 PsELIla`/-(45 Parcel ID # 103 / C(W +D Zone 4j.- Acres? Joie' USDA IALrYtp. f . Airport /V+9 Geo Haz AU FP? NO Panel # IGA? MO ORD # MUD? On.lU 0 :rpm; Wilk COLORADO Weld County Referral JUL 14 2OO9 July 10, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Marie Bernhardt Estate Case Number RE -4950 Please Reply By August 10, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Part of the SE4 of Section 12, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location Parcel Number West of and adjacent to CR 49 and approximately 112 mile south of State Highway 52. For a more precise location, see legal. 1473 12 000010 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. 1:1 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. C] See attached letter. CI Please notify me of any public hearings regarding this request. Comments: Signature Agency `i' Ld-- L 2 - Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax COLORADO Weld County Planning / MEMORANDUIVILEYO" AUG 1 1 ? O'O TO: Chris Gathman, Planning ServiceRE FROM: Don Dunker, P.E., C.F.M., Public Work SUBJECT: RE -4950, Marie Bernhardt Estate "YI lapartment ICE 9 Department , 2009 The Weld County Public Works Department has reviewed this proposal. Staff commen s made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the rem ining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requ rements are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) WCR 49 is classified by the County is a Strategic Roadway, which requires a 140 -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 ( 3-1-90), the required setback is measured from the future right-of-way line. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 4) The most current road count for WCR 49 is 140 AADT taken in June of 2008. WCR 10 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. The most current road count for WCR 10 is 66 AADT taken in June of 2008. REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your DgricultLral operation for Lot D of RE -4950. Only the two agricultural accesses for lot D will be allowed. The applicant shall utilize the existing residential access to Lots A, B, and C of RE -4950. !Only one access per lot will be allowed. These should be labeled on the plat as residential access for the lots. The access shall be in such a location to have adequate sight distance in both directions and not below the crest of a `rill or where physical obstructions are present. Road Access Policy: (Policy Established Sec. 8-2-10) 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 a proved 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 r other counties which access County roads are subject to this policy. Pursuant to Chapter 15, Articles I and ll of the Weld County Code, if noxious weeds lexist or the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 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: RE -4950 pc: Chris Gathman, Planning Services Page 1 of 1 M:PLANNING — DEVELOPMENT REVIEVARE-Recorded Exemplion\RE-4950-doc Road File #: FIE #: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 /O 4 Other Case #: Date: 7/ 1. Applicant Name t ja%a e, hi+axdt Esfecie Phone Address /OL59 Ut1. 1-/w 4L City 2e id& State Ks Zip 671 sg 2. Address or Location of Acce's Section 12— Township / AI Range i; 5"ldrr isubdivision Block Lot Weld County Road # JO Side of Road NortA Distance from nearest intersection At W c -K to t wce kF 9 3. Is there an existing access to the property? Yes )C. No # of Accesses .5- 4. Proposed Use: C Permanent % Residential/Agricultural ❑ Industrial r Temporary 1 Subdivision ❑ Commercial 1 Other *********************************************** 5. Site Sketch Legend for Access Description: AG = Agricultural RES it Residential O&G = Oil & Gas = Ditch Road 0 = House O = Shed It = Proposed Access = Existing Access Ni *********************************************** 0 Let A teaS OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size - Length Special Conditions L: Installation Authorized Information Insufficient Reviewed By: Title: 7 Road File #: RE#: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Date: 7/6/0 9 Other Case #: 1. Applicant Name r l.-rt e. Berh iakdt E *I* Phone Address /Oq5"19 W. Hw 42- City Zamora_ State k S Zip 67/Sq 2. Address or Location of Accees Section /2.- Township Range G Stki Subdivision Block Lot Weld County Road # /0 Side of Road Of' ! t1 Distance from nearest intersection At Vic -K to t WcR. 4.9 3. Is there an existing access to the property? 4. Proposed Use: ❑ Permanent X, Residential/Agricultural ❑ Temporary - Subdivision 5. Site Sketch Legend for Access Description: AG RES O&G D.R. = Agricultural = Residential = OII & Gas Ditch Road = House = Shed A = Proposed Access A = Existing Access Ni *********************************************** OFFICE USE ONLY: Road ADT Date Road ADT Date Drainage Requirement Culvert Special Conditions Yes ( No # of Accesses 5- 1 Industrial I Commercial L Other 0 A r Installation Authorized Accidents Accidents Size Let- A Date Date Length 0 Information Insufficient Reviewed By: Title: 7 COLORADO Memorandum TO: Chris Gathman, W.C. Planning DATE: July 31, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4950 NAME: Bernhardt Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 160 acre parcel. Proposed Lots B and C will each be 5 acres in size, proposed lot A will be 3 acres in size and proposed Lot D will be 147 acres in size. There are no residences located on any of the proposed lots. Lots A, B and C are proposed for residential use and a new sewage disposal system and individual well will be installed on each lot when residences are constructed. Lot D will remain in agricultural use. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing 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. 2. 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 Division recommends that the applicants review the 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 be need to be enlarged. retttiiR Wilk COLORADO Weld County Referral July 10, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Marie Bernhardt Estate Case Number RE -4950 Please Reply By August 10, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Part of the SE4 of Section 12, T1 N, RG5W of the fith P.M., Weld County, Colorado. Location Parcel Number West of and adjacent to CR 49 and approximately 1/2 mile south of State Highway 52. For a more precise location, see legal. 1473 12 000010 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 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: k a t .3 l rc\ t t. --1\4O 6 0..riN0V clef( fly rACTI Na \ c*A-L D( . Signature Agency '?6\--Nt `7 Clinc-vJfw Date +Weld County Planning Dept. +918 10`h Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 +(970)304-6498 fax 410‘t COLORADO Weld County Referral July 10, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Marie Bernhardt Estate Case Number RE -4950 August 10, 2009 Planner Chris Gathman Four -Lot Recorded Exemption Legal Part of the SE4 of Section 12. T1 N, R65W of the 6th P.M. Colorado. , Weld County, Location West of and adjacent to CR 49 and approximately 'A mile south of State Highway 52. For a more precise location, see legal. Parcel Number 1473 12 000010 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 Coinprehensive Plan 4 We have reviewed the request and find no conflicts with our interests. © See attached letter. © Please notify me of any public hearings regarding this request. Comments: Signature Agency i'Lvlfsnn t'-� r -e_ Prfrcer. trr% �•6'Vc' CT 7- 17— Col Date +Weld County Planning Dept. +91610" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 0(970}304-6498 fax ITi 7O1 noecerc Doi A dt.n:s:n Rn 11. inr *-011 Wilk COLORADO Weld County Referral July 10, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Marie Bernhardt Estate Case Number RE -4950 Please Reply By August 10, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Part of the SE4 of Section 12, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location Parcel Number West of and adjacent to CR 49 and approximately'/ mile south of State Highway 52. For a more precise location, see legal. 1473 12 000010 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 ❑ We have reviewed the request and find no conflicts with our interests. )(See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency Date +Weld County Planning Dept. +918 10th Street Greeley, Co. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Robert Powell Plans Examiner II COLORADO DEPARTMENT OF PLANNING and BUILDING SERVICES Weld County Administrative Offices 918 10th Street Greeley CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3575 Applicant: Marie Bernhardt Estate July 29, 2009 Case Number: RE -4950 Project: Four -Lot Recorded Exemption Legal: Part of SE4 of Section 12, T1 N, R65W of the 6th P.M. Weld County, Colorado. Location: West of and adjacent to CR 49; and approximately'/ mile south of State Hwy. 52. Parcel Number: 1473 12 000010 There are numerous permits on record for this parcel. Prior to the start of construction, alterations or change of occupancy; 1 A building permit application must be completed, and two complete sets plans including engineered foundation plans, stamped and signed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter is required from the fire district to ascertain if a FPD permit is required. Service, Teamwork, Integrity, Quality DELORME Street Atlas USA® 2006 -- I I I I / I I I I I I I I / I I I I r ,• , ♦• ooe • ♦ ♦ ♦ ♦ ♦ Lot A Lot D • ♦♦ "6V -a8 AMMO 413M ji_otc / I I I I I I i i 1 I / I I / I I / c m v n 0 c -4 -c O A Lot B Data use subject to license. © 2005 DeLorme. Street Atlas USA® 2006. www.delorme.com TN MN (9.0°E) Scale 1 : 6,400 0 160 360 540 720 900 m 0 d0 80 120 160 200 1" = 533.3 ft Data Zoom 15-0 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The UNIFIED TITLE COMPANY OF NORTHERN 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: The Southeast Quarter (SE1/4) of Section 12, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. pONVEYANCES (if none appear, so state): eception No. 1476618 , Book 555 eception No. 2368622 , Book 1421 Reception No. , Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 24th day of June, 2009, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORAD By: CO) 3690 W 10th Street 2nd Floor Greeley, CO 80634 miekeee Phone 356-3551 /TLECOMPANY Fax 356-2063 Authorized Signature 4 . Reception No, 147R6118 _ � I$ Peeb, ]Gds this . 30 year of oar Lord one thousand awe hundred and sixty—five day of otd:0fner brans... *.. ; m the between J033b1 BE.EiiARDT ad :the . Candy of Denver and State of Cokeado, of the that part. end EDf(ARD BRNHABDT and MARIR tMLfl r, of the Cathay of Weld and Shea et Colorado, d the second part: WSr7:8aaETH: 'I'Aua�t the said party of the first part, for sad L, oodslderatlon of the mint of Ten Dollars and otter volcano considerations iNGITAtse, to the said party of the Erse pert In band paid by the maid perdes of the second tart the receipt whereof is hereby e°aiened end arlmeeledgod, he 5 named. tc d. mid and conveyed. and by thin presents do 03 grant bvgnia. sett cvneey sad confirm unto the said par des of the snood part to psis not fa tenancy in common bet he ideat tenancy, the survivor of them, their assigns and the heirs and assigns of such nuvhor forever, an the tot - losing dnm'hed lot or pare of land. situate, lying and being fa the Cawt7 of - . Held 1st :Nate of Colorado, to -oft: The SE; of Section 12, Township 1 North, Range 65 West of the 6th P.M., together vial a?1 water mid water rights connected therewith by reason of its inclusion in the 3ienryJyn Irrigation District. M1015 TOGETHER with an sad singular the bee eats and apparcfemaces t:» belonging. or in any wise appertaining. and the rrrnsien and reversions, remainder and reemmders, rents. irsne and profits thereof: and an the estate. right, title, tattiest claim and did whatsoever of the said perry of the fine par. either in law or equityr of. to and to the above bare:toed premiers, the , ersi r -eta and .ppurteruaaces. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenaaeea, unto the said .parties of the second part the survivor of them, their amigos, and the heirs and assigns of meta survivor for- ever. dud the said party of the first fast forbis Rif his hart executors. and adadolstrtheir, 'do es. oorenaat, grant. bargain and agree to and with the said parties of the second pact, the survivor of them. their assign and the heirs and amigos of such survivor. that at the time of the caseating and delivering of them presents, ' _ he is well seised of the p.mtiees above conveyed, as of good. sine, perfect ah.aipae and fadefeamie matte of inheritance, in taw in tee simple, and ha 3 good right tun power and lawful aethotiy to grant bargain, tell and enemy, the rinse in manner and form aewmid. and that the same are free and dear twee aft fanner and other grants. bargains, safes. Gems. taxes. -arse meneats and thou:A anon of sheterc kind or mean anew: Free and clear except subject to public roads. right -of -wavy and easements of record.: and the above bargained premises in the geiet and pnceabie pew.wien of the said paroles -of the seceod part. the sarrivor of them, their assigns and the heirs nod i*aigns of suds serriter, omf. the mud' party the against aar nelson nt Perform part on nt elated:is eg or to claim the whole or any port aed WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the Bret part has hereunto set his .hand sal the day and year first these written 5 jJ k¢ A a d� � y yv.,�..+v Iq(y , by ,Inhn Pir ehnxit ft .a.,p�� fit%'•., IIB ........ rice Or ar ' ' all:4•14V1 (SSAL) (SEAL) (SEAL) -r —cG_ foregoing indrament was admowkdged before me eh:. E daY of Notary Pehgc. f5 -.-rte AR 2368622 STATE OF COLORADO . 1421 REC 02368622 01/11/94 13:13 $5.00 1/001 F 2056 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SL451227 THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY CF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. 1. aRiNi.1T•.+•adwaw+.....wn 5ZL-48-4176 1.+°.►cti StiaIA ow. vs il07a7Vin=11.••r.•r.w..• r+...ww.rww !UMW COLON= CERTIFICATE OF DEATH ;..1't •w� s• uwi�� •w.wn...w 76 r..caajLvw.u....+.«.. Mme.+.... 1i a.amarrnamm ~amain fSaari si._ era tty..wwi� ID , ... s�. ,$/trk fn � 4 b" 1tvoiMOLINA ) STATE Fits IN,Al Ih 4. ■i. a 04tt a alai C.R.rI.. K Octcbor 3Q, 71990 > .auw.L.Gi.Lrrw ts.wn October 7. 1917 Denver, Horatio _ C¢wR.O.ttiAlh • �.«....�.yy�.yyt. .w.0y.n11 ,i b«= i. 1993 n i ,ths,, IMP ,4. ler 106 ?fra. imOrm41456 Maw Xotni• 7"1,18111, n114.1.1.111 ar'macaw faaZwa+ilr I wa.2=AI Sa is.Cwrcno«ss0" OVOID a.. 11.111.411. ...r am..os•.wu[Gw.gh ea+rmaw �� *mama IAriCMIM i0.i.gv CheZISAIMALIVOIMMAIL MIN nrw*rw.e.+., ►.w..ss.+wr. .l...rwr+ ii.MICar al. wVia .w.)...A..r..t++r II 14.11.11.161•11911144111/111ft MAW* nw« %X eXtil$01:4fict7,74514*677 '144C• tir r. NNW,* 144 110w. /•r+s DATE ISSUED JCSEPr1 D. CARNEY November 9, 1993 STATE RE LS7RRR Do not accept unless prepared an security paper with engraved border displaying the Colorado state 21 and signature of the Registrar. PENALTY BY LAW, Section 25-2-11g. Colorado Revised Statutes, 1982, if any per.oa alters. uses, attempts to use or furnishes to another for deceptive we any vital statists record. NOT VALID IF PHOTOCOPIED. .2/25/2010 13:10 FAX 620 298 237' CUNNINGHAM GRADE SCHOOL Ij002 Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORAD0DIVISI0NOF WATER�atRESOURCES (303) 866-3f81 JOYCE WESTERMAN P.R. MARIE BERNHARDT ESTATE 10459 W HIGHWAY 42 ZENDA, KS 67159- LR WELL PERMIT NUMBER 282568 DIV. 1 WD 2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SE 1/4 SE 1/4 Section 12 Township 1 N Range 65 W Sixth P,M, DISTANCES FROM SECTION LINES 220 Ft from South Section Line 100 Ft. from East Section Line UTM COORDINATESjMeters.Zone:13.NAD83) (620) 243-7192 Easting: Northing: REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CnuD1TrnNS OF APPROVAL This welt 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. Construction details for this existing well have not been provided to this office: therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2, The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 3) This well is recorded and permit approved in accordance with CRS 37-92-902(5) for historical use as indicated herein eInside and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes 1 single family dwelling(s), fire protection, the watering of domestic animals and poultry and livestock on a farm or ranch, and the irrigation of riot more than 1 acre of home gardens and lawns. The date of first beneficial use, as claimed by the applicant, is August 29, 1920. NOTE: The uses identified in condition #3 above are based on the Applicant's written claim regarding the historical use of this well prior to May B, 1972. These uses have not been verified or confirmed by field inspection from oD R tai Any expanded use of this well occurring on or after May 8. 1972, or any use that had been abandoned by 10 r more consecutive years of non-use, shall not be covered by this permit NOTICE: This permit has been approved for a location other than applied for. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the dale of issuance. pursuant to the - State Administrative Procedures Act. (See Section 24-4-104 through 106, C,R. .) Fa' lD ) APPROVED JLV State Engineer C)ATE ISSUED 02-03-2010 Receipt No. 36435636 02/25/2010 13:10 FAX 620 298 23'" CUNNINGHAM GRADE SCHOOL t43 003 Form No. GWS-25 APPLICANT OFFICE Of THE STATE ENGINEER COLORADO 3DIVISION OF�WA TERQRESOURCES 1303) e66-3581 JOYCE WESTERMAN P.R. MARIE BERNHARDT ESTATE 10459 W HIGHWAY 42 ZENDA, KS 67159- (620) 243.7192 REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROyaL 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) Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules. 2 CCR 402-2, The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. This well is recorded and permit approved in accordance with CRS 37-92-602(5) for historical use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside 1 single family dwelling(s), fire protection, the watering of domestic animals and poultry and livestock on a farm or ranch, and the irrigation of not more than 1 acre of home gardens and lawns. The date of first beneficial use, as claimed by the applicant, is July 20, 1915. NOTE; The uses identified in condition #3 above are based on the Applicant's written claim regarding the historical use of this well prior to May 5, 1972. These uses have not been verified or confirmed by field inspection from DWR staff. Any expanded use of this well occurring on or after May 8, 1972, or any use that had been abandoned by 10 or more consecutive years of non-use, shall not be covered by this permit. NOTICE: This permit has been approved for a location other than applied for. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) LR WELL PERMIT NUMBER - 282568 DIV. 1 WD 2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 SE 1/4 Section 12 Township 1 N Range 65 W Sixth P.M. DISTANCES FROM SECTION LINES 200 Ft. from South Section Line 2240 Ft. From East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: } ) APPROVED JLV State Engineer ,Receipt No. 3643563A DATE ISSUED 02-03-2010 J1� 11/06/2009 15:20 FAX 620 298 2320 CUNNINGHAM GRADE SCHOOL I,41 002 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 JOYCE WESTERMAN PR MARIE BERNHARDT ESTATE 10459 W HIGHWAY 42 ZENDA, KS 67159- (620) 243-7192 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 281787 DIV. 1 W02 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NE 1/4 SE 1/4 Section 12 Township 1 N Range 65 W Sixth P.M. DISTANCES PROM SECTION LINES 2600 Ft from South Section Line 250 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 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. 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. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NE 114 of the SE 1/4, Sec. 12, Twp_ 1 N, Rng. 65 W, Sixth P.M., Weld County. The use of ground water from this well is limited to 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. The total depth of the well shall not exceed 390 feet, which corresponds to the base of the Lower Arapahoe aquifer. At a minimum, plain casing shall be installed and grouted through all unconsolidated materials and shall extend a minimum of ten feet into the bedrock formation to prevent production from other zones. The pumping rate of this well shall not exceed 15 GPM. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. • This well shall be constructed not more than 200 feet from the location specified on this permit. ' NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and Test Report (GWS-31) must be submitted to the Division of Water Resources to verify the well has been constructed. An extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: http://www.water.state.co.us/pubsiforms.asp 4145'°'i APPROVED JLV ,Receipt No. 3641744 State EnginF - By DATE ISSUED 09-23-2009 XPIRAT N OAT 3-2011 IO L- L t Hello