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Home My WebLink About20081936.tiff Name: Sherry Lawley • REFERRAL LIST • Case# PF-1043 County Towns &Cities Fire Districts _Attorney-Covenants _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 $$$ iiiExtension Office _Brighton _ _ Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 z Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans z Galeton F-6 _Airport Authority _Firestone _Hudson F-7 ✓ z Building Inspection _Fort Lupton _Johnstown F-8 / z CodeCompliance_S.-Ann N-Beth _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 z Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _ _ Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 J z Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont _Wiggins F-18 _ _Oil&Gas Conservation Commission _Mead Windsor/Severance_ F-17 _Milliken Division of Wildlife _New Raymer 0 _South Hwy 66 (Loveland) _Northglenn z North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance _Big Thompson/FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties z Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs ;/ z School District RE-2 USDA-APHIS Vet Service _ _ Central Colo. Water Conservancy _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub / z Nazarenous Lateral Airport _Art Elmquist(MUD Area)- Info Only _Federal Communications Comm • 2008-1936 a ASK& 11 M e m o ra n d E L Y 10FFICFpartment i JUL 3 1 2006 TO: Brad Mueller, W.C. Planning O DATE: July 25, 2006 RECEIVED COLORADO FROM: Pam Smith, W.C. Department o lic Health and Environment CASE NO.: PF--1043 NAME: Sherry Lawley/Lawley Estates The Weld County Health Department has reviewed this Final Plan application and offers the following comments: 1. The plat notes are adequate; 2. The minimum lot size is 2.95 acres (Lot 1) excluding the detention pond area (Tract B), and 3.8 acres if the detention pond area is included. This is down from the Change of Zone application of 4.04 acre minimum lot size; 3. The Department has questions regarding the ownership, maintenance and access to the detention pond (Tract B); 4. Section 2.4 of the Draft Covenants states that the maximum number of lots the declarant reserves the right to create is 35; this development is currently for 8 lots. • O:\PAM\Planning\Final Plat\PF-1043 Lawley.RTF • • 1 Q U e�� • tfc 4 3s, oe-eNsivoi eQa� :isr'< :::,� ttcj41el d County Referral lil COLORADO June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD t Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 72; west of and adjacent to CR 55 Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) ❑ 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. Cnmmpntcr Signature i pat_ O V% ✓G Agency L_if ca C` ou/v75- 5aK/'r%;/-S �• /.f • ❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Sheriffs Office • M e mo To: Brad Mueller Front Ken Poncelow Date: July 27, 2006 Re: PF-1043 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. • 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. Street name is approved. 9. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. • 1 The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this • proposal. • • • Page 2 Wdii Ouunty Planning Department ',Ake jr>46MEMORANDUNM,��`2 OFFICE wilge TO: Brad Mueller, Dept. of Planning Services DATE: July24, 2006 FROM: Drew Scheltinga, P. E., Public Works Department COLORADO SUBJECT: PF-1043 Lawley Estates PUD (Final Plat) The Weld County Public Works Department has reviewed the final plat application materials. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be submitted and other concerns or issues will arise during further review. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: The title on the plat shall be shown as Lawley Estates PUD PF-1043. Lawley lane will not be maintained by Weld County because it will not be paved; however, the right-of-way must be dedicated to the public. Dedication of rights-of-way and easement language shall be contained in the plat certificates. Tract A is not dimensioned and does not match the geometry of the construction plans. The • final plat and construction plans shall be coordinated and Tract A dimensioned. The 200' radius oil/gas well easements shall be located by dimension. There are a 120' and 170' easements shown for the Nazarenus Lateral. If either or both easements are existing, the documentation creating the easements shall be shown on the record plat. If they are to be established by the recording of this plat, dedication language shall be contained in the plat certificates. A School Loading Area (Pedestrian Shelter) is called for in the construction plans and shown in the right-of-way. The shelter shall be located outside the right-of-way on an out lot tract. The tract shall be shown and dimensioned on the record plat. Additional drainage easements shall be provided on WCR 72 and Lawley Lane in conjunction with ditches shown in the construction plans. Drainage: A Final Drainage Report has been submitted by Team Engineering, dated June 12, 2006. Attached is a review memorandum from Brian Varrella, P. E., of the Weld County Public Works Department, dated July 24, 2006. A revised drainage report and construction plans addressing all of Mr. Varrella's comments is required. • • Page 1 of 3 M:\PLANNING—DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)\PF-1043 Lawley EstaleslLawley Estates Final Plat Review 7-24-06 DOG Construction Plans: A vertical control bench mark shall be shown on the plans. • Geometry for the landscape median shall be coordinated with the record plat. A pedestrian shelter is shown within the right-of-way. The space between the edge of pavement and the right-of-way line is 8' which does not provide enough room to construct a shelter and provide a safe space for children to congregate. The bus shelter shall be located outside the right-of-way on and outlot tract to provide access by the homeowners association for the purpose of maintenance. The Statement of Compliance, dated June 1, 2006, indicates there is an agreement with the Eaton School District. A copy of the agreement shall be provided to Public Works. The final configuration of the School Loading Area (Pedestrian Shelter) shall be approved by the School District. Erosion control measures and construction details are not shown in the plans and must be provided. The following note shall be added to the plans: Unlined drainage facilities and all areas disturbed during construction shall be actively revegetated. Seed mixes should be selected to match the conditions where they will be used. Recommended seed mixes may be obtained from the Weld County Public Works Pest and Weed Supervisor. At approximately station 44+00 two 18" culverts are called out. It appears from the roadway profile the cover over the pipes is approximately 6"which is not adequate. A cross section of the pipes shall be shown on the plans and adequate cover provided based on the manufactures • specifications. The type and class of pipe shall be indicated. Plastic pipe is not allowed. The typical street section calls for a 2' ditch but the contours on west side of Lawley Lane indicate a 1' ditch. The ditch shall be sized based on the drainage report and the contours shown to reflect the designed ditch size. The ditch on the north side of WCR 72 is shown to be graded into a new ditch on the west side of Lawley Lane. There is not adequate room for grading within the rights-of-way. Additional drainage easement shall be shown on the record plat and on the plans to provided adequate room to grade and maintain the ditches. A street and stop sign shall be shown on the construction plans and the following note added: The street identification and stop sign are to be manufactured and installed in accordance with the Manual on Uniform Traffic Control Devices. Irrigation Ditches: Sections 4. A. and 4. G. of the Board of County Commissioners zone change resolution required the applicant to provide an agreement with the Nazarenus Ditch Company. A copy of the agreement has not been provided. A copy of the agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. • Page 2 of 3 M\PLANNING-DEVELOPMENT REVIEW\\3-Final Plat(PE,MF,MJF)\PF-1043 Lawley Estates\Cawley Estates Final Plat Review 7-24-06.DOC Improvements Agreements: • Section 4. C. of the Board of County Commissioners zone change resolution required the applicant to enter into an agreement with the County to proportionally share in the paving of WCR 55 between WCR 74 and SH 392 and to submit a proposed agreement. An off-site agreement has been submitted for stabilization of WCR 72 but nothing addressing WCR 55. WCR 55 is presently on Weld County's 2006 dust management program. The County has taken three traffic counts on WCR 55 between WCR 74 and SH 392 as follows: 2005 — 188 ADT and 287 ADT 2006 — 349 ADT The average of the three counts is 275 ADT. Lawley Estates is expected to generate 76 ADT and if half the vehicles go each direction at WCR 55, Lawley Estates will add 38 vehicles to the existing counts. The proportional share to pave WCR 55 would be 38 / 275 = 14%. The cost to pave WCR 55 with 4" of asphalt will be approximately $350,000. The proportional cost sharing for Lawley Estates would then be $49,000 or $6,125 per lot. The applicant should amend their proposed agreement to meet the Commissioners zone change resolution using these proportions and costs outlined above. The applicant has submitted an on-site improvements agreement for private road maintenance which is appropriate. The agreement cost estimates in Exhibit "A" shall be revised to meet the changes required in this review. Also, in a telephone conversation with the applicant's engineer, Jeff Couch, some of the quantities are expected to change. Unit costs for the following items shall be increased as follows: Site grading $3.00 • Street grading $3.00 Street base $25.00 Survey boxes $500.00 Street names $800.00 Electric $35,000.00 Engineering and Supervision Costs shall be 15% of sub-total. Street and Drainage Facilities Maintenance: In the submitted Declaration of Covenants, Article 1, Section 1.12, "Common Elements" are defined. Storm water drainage facilities and streets shall be specifically called out as common elements. Article 7, Section 7.2, "Maintenance by Association" shall specifically call out storm water drainage facilities. Attachment: Drainage Review by Brian Varrella, P. E., dated July 24, 2006 PC: PF-1043 Lawley Estates PUD Email & Original: Brad Mueller, Dept. of Planning Services PC by Post Applicant & Engineer: Jeff Couch P. E., Team Engineering • Page 3 of 3 M\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)\PF-1043 Lawley Estates\Lawley Estates Final Plat Review 7-24-06.DOC • • ‘11Sts.4 MEMORANDUM TO: Drew Scheltinga P. .,Public Works Dept. DATE: 24-July-2006 O FROM: nan K. Varrella,P.E.,Public Works Dept. COLORADO SUBJECT: PF-1043 Lawley Estates PUD (Final Plan) Weld County Public Works Department has reviewed this Final Plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments o Public Works received a Final Drainage Report for Lawley Estates PUD (PF-1043) on June 26, 2006. The report was submitted by Jeffrey W. Couch, P.E.#16584, of TEAM Engineering, and is dated June 12, 2006 o The Final Drainage Report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. o All construction plan sheets included as attachments to the Final Drainage Report must be wet- stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. Drainage Comments: • The Final Drainage Report is incomplete, contains numerical errors, and does not comply with Weld County Code criteria. This report and drainage design cannot be reviewed at this time, and shall be returned to the applicant for correction and completion. o The applicant has proposed the construction of a pipe under WCR 55, and is required to submit offsite improvements agreements to Weld County prior to scheduling the final hearing with the Board of County Commissioners. o The applicant has proposed the construction of a pipe under the Nazarenus Ditch without documentation of agreements with the owners/operators of the ditch. The applicant shall obtain an agreement from the ditch company to construct proposed facilities adjacent to or under the ditch, and shall obtain written approval of all proposed designs from the ditch company or its representatives. o Effective drainage of the project site may not be possible until all areas are shown to effectively drain to acceptable locations east of the Nazarenus Ditch. Cooperation with the Ditch company is required, or the applicant shall provide an alternative drainage design to comply with Weld County storm drainage criteria. o The runoff and detention calculations are incorrect in the Final Drainage Report, and do meet Weld County standards. o The Final Drainage Report proposes only partial detention of onsite developed flows. Detention must be provided for the entire site, including undeveloped areas. o Stormwater detention facilities shall be sized to detain flows from the 100-year storm falling on the fully-developed subdivision, and release at a rate not to exceed the 5-year storm falling on the undeveloped (historic) site, as per Weld County Code 24-7-130(D). o All proposed swales and culverts must be supported with engineering calculations and details in construction plan sheets. • o Please add the following note to the text of the Final Drainage Report and Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." Page 1 of 2 ❑ Please address all redline comments in the drainage report and on the construction plan drawing contained therein. • o Please address all items included in the drainage review checklist attached to this memorandum. Recommendations o This project should not be scheduled for hearing until significant conflicts have been resolved with the owners/operators of the Nazarenus Ditch. o The Final Drainage Report dated June 12, 2006 will not be fully reviewed until it has been revised to comply with Weld County storm drainage criteria and sound engineering practice. All errors and omissions identified during this stage of the review process must be resolved before further review by Public Works staff. s � �S "• ,{ ��4,�.�i� a h i t ri �' �ii } 1Y� Ik I t� .3�. -' vet +2 � ai i: i Jr, i a M�� .r � {ids ye, u • • Page 2 of 2 • Ortf\11\' Weld County Referral IlliC. COLORADO June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 72; west of and adjacent to CR 55 Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) ❑ 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. Of See attached letter. Cnmmpntc• Signature 2./�C,r�,� Date 7 -�� td Agency '(Jl// roil/r],SAcT/ a.r/ • •:•Weld County Planning Dept. ❖918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax • rs DEPARTMENT OF BUILDING INSPECTION l Weld County Administrative Offices 111 918 10th Street, Greeley, CO 80631 C WEBS www.co.weld.co.us Phone (970970) 353-6100, Ext. 35 3540 Fax(970) 304-6498 COLORADO July 5, 2006 Sherry Lawley Final Plat approval for 8 lots in the Lawley Estates PUD. PZ-1043 v 1. A separate building permit shall be obtained prior to the construction of any building. r 2. A plan review is required for each building. Building plans may be require the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International • Building Code; 2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 7. Provide a letter of approval from Galeton Fire Protection District prior to new residential construction. Please contact me for any further information regarding this project. Since ely, • o rV' it (1 Building Official • ‘17 as-)an n lit Weld County Referral "ilC. COLORADO June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. t Location North of and adjacent to CR 72; west of and adjacent to CR 55 I Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) U U, ,.'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. U See attached letter. N.0 L,l r. Signature Li-Ll1 v L‘6 Date is -91-0(( .. Agency ti)e- t ^ fln npf ieut J • ❖Weld County Planning De�gt. +918�treet, Greeley, CO.80631 4x(970)353-6100 ext.3540 t(970)304-6498 fax STATE OF COLORADO *FFICE OF THE STATE ENGINEER o4o vision of Water Resources - Department of Natural Resources yTw� �1313 Sherman Street,Room 818 July 17, 2006 \ j Phone(303)866-3581 Denver,Colorado 80203 1876• Weld County Planning Department ` FAX(303)866-3589 CREELEY OFFICE Bill Owens www.water.state.co.us Governor JUL 2 1 2006 Russell George Brad Mueller Executive Director Weld County Planning Department RECEIVED Hal D.Simpson,P.E. 918 10th Street State Engineer Greeley, Co 80631 Re: Lawley Estates PUD Case No. PF-1043 Sec. 4, T6N, R64W, 6th P.M. Water Division 1, Water District 3 Dear Mr. Mueller: We have reviewed the above referenced proposal to subdivide a 114.29-acre parcel into eight single-family residential lots. Our records show that the State Engineer's Office previously commented on this subdivision proposal by our letters dated July 2, 2003 and February 14, 2005. • Information from this submittal indicates that this is the Final Plat for this subdivision. The proposed water supply is still listed as the North Weld County Water District (District). The District has agreed to serve the proposed site and information from a previous referral indicates that water requirements are conditionally met. Based on current records on file in this office, the District currently has an adequate uncommitted water supply to provide the water associated with this project. Since no changes in the water supply for this project were identified in this new submittal, the comments from our letters, particularly the one dated February 14, 2005, still apply. if you have any questions in this matter, please contact Megan Sullivan of this office. Sincerely, 65) Dick Wolfe, P.E. Assistant State Engineer cc: Jim Hall, Division Engineer Water Supply Branch • Subdivision File DW/MAS/Lawley Estates PUD FP (Weld) Weld County Planning uepartmenT GREELEY OFFICE • JUL 2 ': 7006 RECEIVED • Weld County Referral C. COLORADO June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 72; west of and adjacent to CR 55 Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) ❑ 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. Cr,mmants• Signature 1� 1 Rcs,s- �V Date 7k1/0 Agency ! I� v tl `� lal��1,�c 0 • ❖Weld County Planning Dept. 4.918 10'Street, Greeley, CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax STATE OF COLORADO O10%O Bill Owens, Governor 'F DEPARTMENT OF NATURAL RESOURCES Cr , a DIVISION OF WILDLIFE 1; Alta AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director For Wildlife- 6060 Broadway For People Denver,Colorado 80216 Telephone: (303)297-1192 Dave Clarkson,Area Wildlife Manager July 24,2006 317 West Prospect Fort Collins,Colorado 80526 Brad Mueller, Planner Weld County Planning Department 918 10th Street Greeley, Colorado 80631 Re: PF 1043 Lawley Estates Final Plat Dear Brad: Enclosed, you will find the most recent copy of Colorado Division of Wildlife (CDOW) recommendations concerning protection for nest sites used by Burrowing Owls, a listed threatened species. In recent months, the Lawleys have implemented an eradication program for Black-tailed Prairie dogs on the above • referenced property. However there are still many open holes on this property suitable for use by nesting Burrowing Owls. Since this is a listed species it is imperative that the developer adhere to the guidelines during development of the property to minimize risk to Burrowing Owls and civil/criminal exposure for incidental take of this protected species. Please feel free to contact Larry Rogstad at 970-302-7394 should you have questions. Sincerely, *04--Q Dave Clarkson, Area Wildlife Manager Enc. CC Larry Rogstad file • DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Claire O'Neal, Secretary STATE OF COLORADO OT O Bill Owens,Governor ti ►` ip DEPARTMENT OF RESOURCES • DIVISION tj NATOF WILDLIFE pke AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey,Director For Wildlife- 8060 Broadway For People Denver,Colorado 80216 Telephone:(303)297-1192 RECOMMENDED SURVEY PROTOCOL AND VLS ACTIONS TO PROTECT NESTING BURROWING OWestern Burrowing Owls(dthene cunicularia hypugaea)are commonly found in prairie dog towns throughout Colorado. Burrowing Owls require prairie dog or other suitable burrows(e.g.badger)for nesting and roosting. Burrowing Owls are migratory,breeding throughout the western United States,southern Canada,and northern Mexico and wintering in the southern United States and throughout Mexico. Federal and state laws prohibit the harming or killing of Burrowing Owls and the destruction of active nests. It is quite possible to inadvertently kill Burrowing Owls during prairie dog poisoning projects,removal of prairie dogs,or during earth moving for construction. Because Burrowing Owls often hide in burrows when alarmed,it is not practical to haze the birds away from prairie dog towns prior to prairie dog poisoninghemoval or construction activity. Became of this,the Colorado Division of Wildlife recommends surveying prairie dog towns for Burrowing Owl presence before potentially harmful activities are initiated. The following guidelines are intended as advice on how determine if Burrowing Owls are present in a prairie dog town,and what to do if Burrowing Owls are detected. These guidelines do not guarantee that Burrowing Owls will be detected if they are present However,adherence to these guidelines will greatly increase the likelihood of • detecting Burrowing Owls Seasonal Timing Burrowing Owls typically arrive on breeding grounds in Colorado in late March or early April,with nesting beginning a few weeks later. Active nesting and fledging has been recorded and may be expected from late March through early August Adults and young may remain at prairie dog towns until migrating to wintering grounds in late summer or early autumn. Surveys should be conducted during times when Burrowing Owls may be present on prairie dog towns. Surveys should be conducted for any activities occurring between 15 March and 31 October. No Burrowing Owls are expected to be present between 1 November and 14 March. Daily Timing Burrowing Owls are active throughout the day;however,peaks in activity in the morning and evening make these the best times for conducting surveys(Conway and Simon 2003). Surveys should be conducted in the early morning(0.5 hours before sunrise until 2 hours after sunrise)and early evening(2 hours before sunset until 0.5 hours after sunset) DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director • VNLDLIFE COMMISSION,Jeffrey Crawford,Chafr•Tom Blake,Vice Chair.Claire O'Neal, Secretary Members,Robert&ay•Rick Enstrom•Philip James•Richard Ray•Robert Shoemaker•Ken Tones Ex Oflcio Members,Russel George and Don Anent Number and locations of survey points • Burrowing Owls are most frequently located visually,thus obtaining a clear view of the entire prairie dog town is necessary. For small prairie dog towns that can be adequately viewed in their entirety from a single location,only one survey point is necessary. The survey point should be selected to provide unobstructed views(with binoculars if necessary)of the entire prairie dog town(burrow mounds and open areas between)and all nearby structures that may provide perches(e.g.,fences,utility poles,etc.) For prairie dog towns that can not be entirely viewed from a single location because of terrain or size,enough survey points should be established to provide unobstructed views of the entire prairie dog town and nearby structures that may provide perches. Survey locations should be separated by approximately 800 m(0.5 mi),or as necessary to provide adequate visual coverage of the entire prairie dog town. Number of surveys to conduct Detection of Burrowing Owls can be highly variable and multiple visits to each site should be conducted to maximize the likelihood of detecting owls if they are present. At least three surveys should be conducted at each survey point. Surveys should be separated by approximately one week. Conducting the survey Weather Considerations Because poor weather conditions may impact the ability to detect Burrowing Owls,surveys should only be conducted on days with little or no wind and no precipitation. Passive surveys Most Burrowing Owls are detected visually. At each survey location,the observer should visually scan the area to detect any owls that are present. Some Burrowing Owls may be detected by their call,so observers should also . listen for Burrowing Owl while conducting the survey. Burrowing Owls are frequently detected soon after initiating a survey (Conway and Simon 2003). However, some Burrowing Owls may not be detected immediately because they are inconspicuous,are inside of burrows,or are not present on the site when the survey is initiated. We recommend that surveys be conducted for 10 minutes at each survey location. Call-broadcast surveys To increase the likelihood of detecting Burrowing Owls,if present,we recommend incorporating call-broadcast methods into Burrowing Owl surveys. Conway and Simon(2003)detected 22%more Burrowing Owls at point- count locations by broadcasting the primary male(coo-coo)and alarm(quick-quick-quick)calls during surveys. Although call-broadcast may increase the probability of detecting Burrowing Owls,most owls will still be detected visually. We recommend the following 10-minute timeline for incorporating call-broadcast methods(Conway and Simon 2003,C.Conway pers.commun.). The observer should scan the area for Burrowing Owls during the entire survey period • • 3 minutes of silence • • 30 seconds call-broadcast of primary call(coo-coo) • 30 seconds silence • 30 seconds call-broadcast of primary call(coo-coo) • 30 seconds silence • 30 seconds call-broadcast of alarm call(quick-quick-quick) • 30 seconds silence • 4 minutes of silence Calls can be broadcast from a"boom box" or a portable CD or cassette player attached to amplified speakers. Calls should be broadcast loudly but without distortion. Compact discs recordings of this survey sequence are available free of charge by contacting: David Klute All-bird Conservation Coordinator Colorado Division of Wildlife 6060 Broadway Denver,CO 80216 Phone: 303-291-7320 Email: David.Klute@state.co.us Identification Adult Burrowing Owls are small,approximately 9-11 inches. They are brown with white spotting and white barring on the chest. They have long legs in comparison to other owls and are frequently seen perching on prairie dog mounds or other suitable perches(e.g.,fence posts,utility poles)near prairie dog towns. Juvenile Burrowing Owls are similar to adults but smaller,with a white/buff colored chest that lacks barring. • General information about Burrowing Owls is available from the Colorado Division of Wildlife website: htto://wildlife.state.co.us/WildlifeSnecies/Profiles/BirdsBun owingOwl.htm Additional identification tips and information are available from the U.S. Geological Survey Patuxent Wildlife Research Center website: http://wwwrobr-own.uses.gov/id/frandst/i3780id.html gov/id/fiamist/i3780id.html What to do if Burrowing Owls are present If Burrowing Owls are confirmed to be present in a prairie dog town,there are two options before proceeding with planned activities: 1. Wait to initiate activities until after November 1 or until it can be confirmed that the owls have left the prairie dog town. 2. Carefully monitor the activities of the owls,noting and marking which burrows they are using. The owls may use several burrows in a prairie dog town. This is not easy to accomplish and will require considerable time. When all active Burrowing Owl burrows have been located and marked,activity can proceed in areas greater than 150 feet from Burrowing Owl burrows with little danger to the owls. Activity closer than 150 feet may endanger the owls. Reference Conway,C.J.and J.C. Simon. 2003. Comparison of detection probability associated with Burrowing Owl survey methods. Journal of Wildlife Management 67:501-511. • -NM4W o liiill Weld Cauo�;• (1°- P!annin t, ;illFF,wear/ County Referral Illik zaos COLORADO RECD EQ June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 72;west of and adjacent to CR 55 Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) ❑ 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. II See attached letter. Cnmmpntr Signature Date Lc. 0(4 Agency \ed V L D • •)Neld County Planning Dept. ❖918 10'h Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax • Applicant : Sherry Lawley • Planner : Brad Mueller Case : PF- 1043 . \ -\ .) \ _____7- Ir- / Sr \\(.2 , ) _ ) i -\_,N. ,7 .,) . . . .r,N • c_______________ _ ...._ ....,, e__I------N \ I. - -\ r . \ O L___, ______c _Th _./ 73 ) . , v, . a,. L l f . O . i N_______„,__ _ 76, _,... , 65 -- \ ) 48 la IN 47 : ..( j..\ _ laSIT _. 7r-. 56 (-----'-- ----1) • ( t 7 148 47 1 61 \ P _ _ F ) ii. tk . a% : ' �I ' ? / - \ . _ .'uc \' . ir- ' --Th \ 0.4 0 0.4 0.8 Miles e 1 Viewl N Highways / V Streams Majroads4. Lakes \ / / Y Locroads alp Floodplain W \ E Rail field boundary • S • ` a fn g C 0 e E � J E , . E il o ® o 4) 0) T-1 E 2 k . 4) % E o % irn u- v2 % 2 2 D o >, Z. c � . \ k22Z >- � \ § c § § / oo f 2 > C k ' / 2a) § a) 2 § 2 ■ g� � .29) ( $ f � � g @ � 7 ET) mm@Fl) � ■ 2 a c to. ■ = k 3 2 k L o . 0 5 / % k � - - w R 16 CD 0 CD � k � •00 0) 2 C � k / % t ■ a)� 0 ; 2 O) § 6-- w � � ci / m 7 � � ■ _ a Ca o :k 0 - 0 k tie To k • u) �_� � � mid . / co ® 03 # ..r, /mg k � k D 5 > C \ • 2 E >. o U 7 5 / § a . - O >. ■ e! (I) a) _ = ccc o 0 0 f 2o _j = 0 § >. E To O V' 1— V 0 O A § § § k 0 k N— 1- -0 al u) n � � w ■ c 2 co c § k co 2 CO . it Li. 0 it -IU) R R _ © E V ® -c $ CO co _ § W k > - __Eli 73 - 03 e c .0 • ■ ■ ° e ■ o y 2 E e & § f § o © ° O OOftf- w > § Z .- c o. $ 2 G 2 / : 0 / 0_ (5 � 2 >, f co k O Q a- m . ego JUN 2 9 2006 Weld County Referral C. COLORADO June 26, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Sherry Lawley Case Number PF-1043 Please Reply By July 24, 2006 Planner Brad Mueller Project Final Plat approval for 8 lots in the Lawley Estates PUD Legal Lot B of RE-3581; Pt Section 4, T6N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 72;west of and adjacent to CR 55 Parcel Number 0801 04 00004 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. Weld County Utility Board Hearing (if applicable) U 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. ja See attached letter. Cnmmpntc' Signature mo t/\ A .-tgrn S.rSSruc:tNut,j.Date 1\%\O6 Agency boa St{tpcy At d ❖Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353.6100 ext.3540 •x(970)304-6498 fax • r EATON SCHOOL DISTRICT RE-2 , Dr. Randy Miller 200 Park Avenue uperintendent Eaton. Colorado 80615 70)454-3402 70)454-5193 Fax July 3, 2006 Brad Mueller Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Sherry Lawley(Lawley Estates) - PF-1043 Brad Mueller: The District has previously met with Jeff Couch, P.E. of Team Engineering two times in anticipation of the final plat for the above referenced applicant and responded with letters to Weld County dated July 31, 2003, October 12, 2004, and June 3, 2005. The Eaton School District has a process in place addressing growth within the District. The District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of$8,344 for this 8-Lot application. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Payment will be required prior to final plat approval by Weld County. • Based on information we have received, the dimensions of the entry way into the development will meet our bus tumaround needs. The developer also states that a covered bus shelter will be provided (similar to what is found at city bus stops)that blocks the wind on three sides with a roof to protect students while they are waiting for the bus. The final plans appear to have met those requirements. Siz1/47, , 1 f,\ , Timothy Unrein Business Services Director Eaton School District RE-2 Enc. • Date Paid Amount Check # Received By I c,u ..uut,ty - ,...,,,tats, anti1v111iUle Page 1 of 9 <�T.: til�efu7me to ,rto ' Weld County Colorado "c Home I, Services I Departments I About Weld •Property Information I' Contact Us Clerk to the Board > Meetings& Minutes > Board Calendar > Social Services Board Minutes RESOLUTION RE: GRANT CHANGE OF ZONE, PZ # 1043, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - SHERRY LAWLEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and dilHEREAS, a public hearing was held on the 23rd day of March , 2005, at 10:00 a.m. the purpose of hearing the application of Sherry Lawley, 26658 Weld County Road 74, Eaton, Colorado 80615 , requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for eight (8) lots with E (Estate) Zone uses, for a parcel of land located on the following described real estate, to-wit: Lot B of Recorded Exemption #3581; being part of the SE1/4 of Section 4, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Jeff Couch, TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins, Colorado 80528-7002, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-5-30 of the Weld County Code. 2. The request is in conformance with Section 27-6-120.D as follows: ection 27-6-120.D.5.a - The proposal is consistent with any Intergovernmental reement in effect influencing the PUD and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 http://www co.wel d.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 / eta t ounry -rvieeungs and Minutes Page 2 of 9. • • / (Subdivision), and Chapter 26 (Mixed Use Development) of the Weld County Code. The Wroposed site is not within the three-mile referral area of any municipality. The oposal is consistent with the aforementioned documents as follows: 1) Section 22-3-50.B.1 (P.Goal 2) states, "Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the North Weld County Water District and individual sewage disposal systems will handle the effluent flow. In a referral, dated November 2, 2004, the Weld County Department of Public Health and Environment indicated that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. b. Section 27-6-120.D.5.b -- The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II, of the Weld County Code. Section 27-2-20, Access standards - "All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Public Works for residential PUD's of nine (9) lots or less, located in nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other PUD's, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD." In a referral dated November 9, 2004, the Department of Public Works indicated that it has accepted the applicant's proposal to utilize a gravel interior road. Section 27-2-40, Bulk requirements - The application indicated that all the lots shall adhere to the Bulk Requirements of the E (Estate) Zone District. Lot 5, which is posed to be 78.81 acres, will vary from the maximum twenty (20) acre lot size lowed in the E (Estate) Zone District. The applicant has met the remaining Performance Standards as delineated in Section 27-2-10 of the Weld County Code. The Conditions of Approval ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. c. Section 27-6-120.D.5.c -- The uses which will be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or Master Plans of affected municipalities. The proposed site is not within the three-mile referral area for any municipality. d. Section 27-6-120.D.5.d -- The proposed PUD will be serviced by the North Weld County Water District and individual sewage disposal systems will handle the effluent flow. In a referral dated November 2, 2004, Weld County Department of Public Health and Environment indicated that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. e. Section 27-6-120.D.5.e -- Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. In a referral dated November 1, 2004, the Weld County Department of Public Works indicated this development will introduce additional vehicle trips to the roadway system. This increased level of traffic on unpaved roads creates fugitive dust and illiface maintenance problems. The Department of Public Works has required the plicant to enter into an agreement with the County to proportionately share the cost of paving. The cost will be based on a proportion of the traffic generated by the development to existing (background) traffic on Weld County Road 55 between State http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 rr cau L uuiliy -rviccuugs uiu 1vu11ules Page 3 of 9 Highway 392 and Weld County Road 74, which connects to paved roadways. •Section 27-6-120.D.5.f -- The Conditions of approval ensure that the applicant will complete an On-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code prior to recording the final plat. g. Section 27-6-120.D.5.g -- There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Colorado Geological Survey indicated concerns with soil compositions on the site affecting foundations and roadways. As recommended by the Colorado Geological Survey, conditions have been included which ensure site-specific engineering investigations for foundations and a separate geotechnical investigation for the design of the roadway and cul-de-sac. The Colorado Geological Survey also indicated concerns with the possibility that coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed by a house foundation. As recommended, venting systems will be required in foundation plans or an engineer will be required to monitor foundation excavations. If coal is not encountered, venting may not be needed. h. Section 27-6-120.D.5.h -- The submitted Specific Development Guide does accurately reflect the Performance Standards and allowed uses described in the proposed zone district, as described previously. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Sherry Lawley for a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone •trict for eight (8) lots with E (Estate) Zone uses, on the above referenced parcel of d be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat: A. The applicant shall submit a plan to the Colorado Division of Wildlife for the management of the Black-tailed Prairie Dogs and Burrowing Owls on the site. Evidence of approval and a copy of the approved plan shall be submitted to the Department of Planning Services. B. The plat shall be amended as follows: 1) All sheets of the plat shall be labeled PZ-1043. 2) The appropriate signature blocks shall be delineated on the plat. 3) The Weld County Roadway Classification Plan currently shows Weld County Road 72 classified as a local gravel road requiring a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Weld County Road 72 is gravel adjacent to the proposed development and maintained by Weld County. 4) The Weld County Roadway Classification Plan currently shows County Road 55 classified as a local gravel road requiring a 60-foot right-of-way. The applicant shall abf ify the existing right-of-way and the documents creating the right-of-way shall be ed on the Change of Zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. Weld County Road 55 is a stabilized gravel base (2004) roadway adjacent to the proposed development and maintained by Weld County. http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.htm1 8/8/2005 w eia eounty -ivieeungs ana rvunutes rage H. or y ilThe applicant has proposed a school loading area and pedestrian shelter at the trance of the PUD. The applicant shall submit evidence that School District RE-2 has accepted the proposal. 6) The applicant has proposed a postal delivery unit at the entrance of the PUD. The applicant shall submit evidence that the appropriate postal district has accepted the proposal. 7)_ The plat shall indicate the appropriate setback from the oil and gas facilities on the site in accordance with Section 23-3-440.K of the Weld County Code. 8) The PUD internal roadway right-of-way shall be 60 feet in width, including cul-de- sacs with a 65-foot radius, and dedicated to the public. The typical cross-section of the interior road should be shown as two 13-foot gravel lanes, minimum, on the Change of Zone plat. The cul-de-sac edge of roadway radius must be 50 feet. C. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: A. Change of Zone, PZ #1043, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8) residential lots, as indicated in the application materials on file. The lots will adhere to the uses allowed in the E at Estate) Zone District, except Lot 5 will vary from the maximum lot size allowed in the (Estate) Zone District. The PUD will be subject to, and governed by, the Conditions Approval stated hereon and all applicable Weld County regulations. B. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. C. A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. D. Weld County's Right to Farm, as delineated on this plat, shall be recognized at all times. E. Water service shall be obtained from the North Weld County Water District. F. This Planned Unit Development is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. G. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one (1) acre in area. Contact the Colorado Ilpartment of Public Health and Environment, Water Quality Control Division, at ieww.cdphe.state.co.us/wq/PermitsUnit for more information. H. During development of the site, all land disturbances shall be conducted so that http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 w au k,uunry -meetings am minutes Page 5 of 9 nuisance conditions are not created. If dust emissions create nuisance conditions, at iie request of the Weld County Department of Public Health and Environment, a gitive Dust Control Plan must be submitted. I. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. J. If land development creates more than a 25-acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. K. A separate building permit shall be obtained prior to the construction of any building. L. A plan review is required for each building. Building plans may require the wet stamp of a Colorado registered engineer or architect. Two complete sets of plans are required when applying for each permit. M. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code, 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. Each building will require an engineered foundation based on a site-specific otechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. O. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. P. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Q. Coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed by a house foundation. Venting systems shall be built into all of the foundations to account for all potential radiation and coal-gas exposures or an engineer will be required to monitor foundation excavations. If coal is not encountered, venting may not be needed. Should the homeowner not build a venting system, a letter from a professional engineer shall be submitted to the Department of Building Inspection indicating that coal was not encountered and the venting is not necessary. •Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 rr a;iu i,vuiuy -iviccuugs Will rvuuuLes rage o of 9 S. Potential purchasers are hereby notified that numerous confined animal feeding erations are located in the area. Off-site impacts that may be encountered include ise from trucks, tractors, and equipment; dust from animal pens; and odors from imal confinement, silage, and manure.n . T. The Weld County Sheriffs Office has limited traffic enforcement powers on subdivision roadways which are not adopted or maintained by the County. U. Oil and gas facilities shall be fenced to mitigate the potential for tampering. V. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. W. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. X. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. Y. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. Z. No development activity shall commence, nor shall any building permits be issued, until the final plan has been approved and recorded. The applicant shall comply with Section 27-8-50 of the Weld County Code, as lows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. BB. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), ArcInfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). •At the time of Final Plan submission: A. The applicant shall submit evidence that a ditch agreement covering drainage http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 rr cru r-vuttty -vaccuus auu ivuuutcs rage / of 9 review by the Nazarenus Ditch Company, fencing type, responsibility for maintenance f nd installation of fencing, maintenance of the strip of ditch right-of-way, and access �r County Commissioners shall review the Final Plan, otherwise the Board supports an administrative review. B. The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for Improvements with the final plan application. These agreements must be reviewed by County staff and shall be approved by the Weld County Board of Commissioners prior to recording the final plat. C. This development will introduce additional vehicle trips to the roadway system. This increased level of traffic on unpaved roads creates fugitive dust and surface maintenance problems. The applicant shall enter into an agreement with the County to proportionately share the cost of paving. The cost will be based on a proportion of the traffic generated by the development to existing (background) traffic on Weld County Road 55 between State Highway 392 and Weld County Road 74, which are paved roadways. The applicant shall submit a proposed off-site agreement with the final plan. D. Stop signs and street name sign locations must be shown on the final roadway construction plans. E. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 3.5 feet in height at maturity, and noted on the final roadway plans. F. The applicant shall submit to the Department of Public Works stamped, signed, and ted final plat drawings and roadway/construction and grading plan drawings for iew and approval. Construction details must be included. G. The applicant has indicated that drainage will be directed to a detention pond, then discharged at historic rates into the Nazarenus Ditch. The applicant shall submit evidence that the Nazarenus Ditch Company has approved discharge from the site into the Ditch. If approval is not obtained from the Ditch Company, the Drainage Plan shall be amended. H. A final drainage report stamped, signed, and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5- year storm existing condition. I. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. J. The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final application. Front, rear, and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid stormwater flows, while taking into account adjacent drainage mitigation. .Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed, and dated by a professional engineer licensed In the State of Colorado shall be submitted with the final plan application. http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 vv cu v,uunty -ivweungs anu ivnnutes rage ii of 9 It is recommended that the final roadway plan include a geotechnical investigation the design of the roadway and cul-de-sac. M. Easements shall be shown on the final plat in accordance with County standards and/or Utility Board recommendations. N. The applicant shall submit covenants for review and approval. The covenants shall address concerns listed by the Colorado Division of Wildlife regarding the restriction of livestock to prevent the loss of vegetative cover and measures to prevent overgrazing of pasture as no irrigation water is being proposed forthe PUD. The covenants shall also address the limitations placed on individual homeowners by the Right-of-way and Easement Agreement with the Nazarenus Ditch Company, recorded on July 22, 2002, at Reception No. 2970917. Finalized covenants and the appropriate fee shall be submitted for recording with the final mylar plats. O. All signs, including entrance signs, shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. P. The applicant shall submit evidence to the Weld County Department of Planning Services with the final plan application that all proposed street names and lot addresses have been submitted to the Post Office for review. The final plan applications shall include copies of the proposed street names and lot addresses for review by all referral agencies. 5. Prior to recording the final plat: The applicant shall submit evidence to the Department of Planning Services that the quired School District cash-in-lieu-of-land dedication fee has been paid. B. The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral for Improvements. These agreements shall be approved by the Board of County Commissioners. C. The applicant shall submit Certificates from the Secretary of State showing the Homeowners' Association has been formed and registered with the State. D. The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and North Weld County Water District for service to the PUD. E. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), ArcInfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). 6. At time of building permit: A. Coal beds in the Laramie Formation could de-gas over time if they are penetrated and exposed by a house foundation. Venting systems shall be built into all of the foundations to account for all potential radiation and coal-gas exposures, or an engineer will be required to monitor foundation excavations. If coal is not encountered, Wtdarting may not be needed. Should the homeowner not build a venting system, a er from a professional engineer shall be submitted to the Department of Building Inspection indicating that coal was not encountered and the venting is not necessary. http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 Weld County-Meetings and Minutes Page 9 Or 977- • The above and foregoing Resolution was, on motion duly made and seconded, adopted IS the following vote on the 23rd day of March , A.D., 2005. OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • • http://www.co.weld.co.us/meetings-minutes/Resolutions2005/Reso%202005-19.html 8/8/2005 MELVIN DINNER, P.C. ATTORNEY AND COUNSELOR AT LAW 822 7TH STREET, SUITE 540 • GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 E-mail: meldinner@earthlink.net July 24, 2006 Weld County Planning Department 918-10`h Street Greeley, CO 80631 Attention: Brad Mueller, Planner Re: Case No. OF-1043 Applicant: Sherry Lawley Dear Mr. Mueller: This letter shall serve to advise you that I represent The Nazarenus Lateral Ditch Company, Inc., • with address c/o Curtis Foss, Secretary, 35490 WCR 61, Gill, CO 80624. As you will note from examination and review of your records, a Right of Way and Easement Agreement dated July 19, 2002, recorded July 22, 2002 at Reception No. 2970917 of the Weld County records was entered into by the parties, a copy of which is enclosed herewith as Exhibit «A„ It is my understanding that the Notice Referral recipient is to be given 30 days notification in order to respond to the Referral Notice. The Referral Notice was dated June 26, 2006. Nevertheless, the Referral Notice was mailed by the Department of Planning Service incorrectly addressed to Nazarenus Lateral, c/o Dennis Egge, 35494 County Road 55, Eaton, CO 80615. The postmark on the envelope with the Referral Notice was July 17, 2006 and received by Mr. Egge on Thursday, July 20, 2006. The Nazarenus Lateral Ditch Company, Inc. has just recently received a Weld County Referral notice dated June 26, 2006 on July 20, 2006 which provides for a reply by July 24, 2006 to the Weld County Planning Department in connection with what is referred to as a final plat approval for 8 lots in the Lawley Estates PUD, with a legal description as follows: Lot B of RE-3581, being part of Section 4, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. This letter shall serve to advise you that it is improper and actually illegal for the Weld County • Department of Planning Services to proceed forward with final plat approval for the 8 lots in the Lawley Estates PUD because of the preconditions that were set forth previously in connection with these matters. Records will demonstrate that the Weld County Board of County • July 24, 2006 Page 2 Commissioners required that an agreement be worked out between Sherry Lawley and her husband as the Applicants with the Nazarenus Lateral Ditch Company, Inc. concerning matters dealing with the fencing, storm drainage and maintenance matters. Although numerous attempts have been made by the officers and shareholders of the ditch company to work out a suitable and satisfactory agreement with the landowner applicants, unfortunately no agreement which is suitable and satisfactory to the parties involved has been able to be resolved and no agreement has been reached at this point in time. It is therefore totally improper for the Weld County Planning Department to proceed forward with even considering final plat approval for the 8 lots until a suitable and satisfactory agreement has been reached by the parties in order for the planning department to proceed forward with any consideration of final plat approval. The Resolution adopted by the Board of County Commissioners on March 23, 2005 provides as • follows: "The applicant shall submit evidence that a ditch agreement covering drainage Review by the Nazarenus Ditch Company, fencing type, responsibility for Maintenance and installation of fencing, maintenance of the strip of ditch Right of way, and access for the ditch and maintenance of that area. If the Agreement is not reached, the Board of County Commissioners shall review the Final Plan, otherwise the Board supports an administrative review." The resolution further provides at paragraphs G and H as follows: "G. The applicant has indicated that drainage will be directed to a detention Pond, then discharged at historic rates into the Nazarenus Ditch. The applicant Shall submit evidence that the Nazarenus Ditch Company has approved discharge From the site into the Ditch. If approval is not obtained from the Ditch Company, The Drainage Plan shall be amended. H. A final drainage report stamped, signed, and dated by a professional engineer Licensed in the State of Colorado shall be submitted with the final plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due To development will require detention of the 100-year storm developed condition . While releasing the 5-year storm existing condition." • July 24, 2006 Page 3 I am enclosing herewith for your benefit a copy of the Resolution adopted by the Board of County Commissioners on March 23, 2005 identified as Exhibit "B". I welcome the opportunity for you to contact me or Curtis Foss, Secretary of The Nazarenus Lateral Ditch Company, Inc. at his address or contact him in person concerning these matters. 69-17- Very truly yours 1\Vf MELVIN DINNER MD/as enclosures • • if qi 1111111 BEM 11 III 111111111111 2970917 07/22/2002 11:13A Weld County, CO X917 1 of 7 R 36.00 D 0.00 J.A. "SUM" Tsukamoto RIGHT-OF-WAY AND EASEMENT AGREEMENT THIS RIGHT-OF-WAY AND EASEMENTAGREEMENT("Agreement")is made this 19th day of July, 2002, by and between Nazarenus Lateral Ditch Company, a Colorado corporation.,(hereinafter"First Party")and Mark Lawley and Sherry Lawley whose address is 26658 WCR 74, Eaton, CO 80615, (hereinafter "Second Party"). WITNESSETH: WHEREAS, First party owns a parcel of land in the County of Weld, State of Colorado described as: the North one-half of the Southeast Quarter (N'/:SE'/.) and the Southeast Quarter of the Southeast Quarter (SE%SE'/A) of Section 4, Township 6 North, Range 64 West of the 6th P.M.; and WHEREAS, Second Party is purchasing the above described lands owned by First Party; and WHEREAS, the Nazarenus Lateral Ditch runs through the property hereinabove described; and WHEREAS, First Party desires to retain an exclusive easement and right-of-way for the ditch, roar and appurtenances on a portion of the above-described property, and a non- • exclusive right-of-way and easement for the ditch, road and appurtenances on another portion of the above-described property. NOW, THEREFORE, in consideration of the understandings, mutual covenants, rights, duties, and obligations herein created, the parties hereto agree as follows: 1. All of the foregoing recitals are incorporated herein and made a part of this agreement. 2. An EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, is hereby established, the metes and bounds description of which is attached hereto as Exhibit"A," and a diagram of the same is shown on attached Exhibit "C." 3. On the EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on attached Exhibit"A"and as shown on attached Exhibit"C,"said EXCLUSIVE RIGHT-OF-WAY AND EASEMENT shall be perpetual,exclusive and Second Party shall not be permitted to cross under or over said described EXCLUSIVE RIGHT-OF-WAY AND EASEMENT with any structure, fixture, property or appurtenance of any type or for any reason without first receiving written approval of First Party. 4. Also created and established is a NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, the metes and bounds description of which is attached as • Exhibit"B,"and a diagram of said NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT is shown on attached Exhibit "C". AIM 11111111111111111 III 111111111111 III 11111 Ills illl 2970917 07/2212002 11:13A Weld County, CO lip 2 of 7 R 35.00 D 0.00 J.A. "Suki" Tsukamoto 5. As to the NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on Exhibit "B" and shown on Exhibit "C," Second Party shall have the right to cross under and/or over said easement so long as any crossing does not cause damage, injure or harm First Party's right-of-way and easement, including but not limited to the ditch, road and any other appurtenances. 6. In crossing over or under First Party's NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, any such crossing shall be done in such a manner as to not damage the easement, road, ditch, appurtenants or the embankments thereof and so as not to interfere in any with the flow of water in said ditch. Second Party shall always be required to restore First Party's easement including the ditch, road, bottoms, sides, banks and all other portions and appurtenances of First Party's ditch and easement to their original condition and at the sole cost and expense to Second Party. Second Party further agrees that any crossing underneath the ditch will be done at a depth of not less than three feet below the bottom of the ditch and any crossing will be clearly marked to show the location of such crossing. 7. The provisions of this Agreement shall bind the parties hereto, their heirs, successors, assigns, personal representatives and administrators; and the provisions of this Agreement shall constitute covenants running with the title 1111 to the lands described hereinabove. FIRST PARTY: SECOND PARTY: NAZARENUS LATERAL DITCH COMPANY, a Colorado Corporation F,n A; Mark Lawley % Sh�wleyv , :C4 11d." .:djat STATE O1 R) ORADO ss. ' ,CiggfIk OF The foregoing instrument was acknowledged before me this t —day of July,2002 by 1�r�.�.,�yysb . 1aN as of the Nazarenus Lateral Ditch, a Coloradetorporation and Mark Lawley and Sherry Lawley. MY HAND AND OFFICIAL SEAL. rittO 'on expires: a(t, • • LINDY 1 McCARTY io i AAto QPa Notary Public F:KFLWAZARENUi \Right of Way&Easement Agreement • EXHIBIT "A" LEGAL DESCRIPTION (EXCLUSIVE EASEMENT FOR THE NAZARENUS LATERAL DITCH) A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID' SECTION 4 AND CONSIDERING THE EAST LINE OF SAID SOUTHEAST QUARTER AS MONUMENTED TO BEAR NORTH 01° 08' 52" WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EXCLUSIVE EASEMENT BY THE FOLLOWING THIRTY-ONE (31 ) COURSES: 1 ) SOUTH 89° 27' 02" WEST, 164.05 FEET; 2) NORTH 01° 12' 45" WEST, 307.09 FEET; 3) NORTH 03° 38' 11" WEST, 173.84 FEET ; 4) NORTH 14° 43' 04" WEST, 25.09 FEET; 5) NORTH 30° 32' 32" WEST, 120.34 FEET; 6) NORTH 42° 45' 00" WEST, 205.47 FEET; 7) NORTH 31 ° 07' 50" WEST, 394.26 FEET; • 8) NORTH 11° 58' 13" WEST, 183. 17 FEET; 9) NORTH 01° 46' 17" WEST, 574.99 FEET; 10) NORTH 15° 03' 09" WEST, 154.83 FEET; 11 ) NORTH 43° 43' 57" WEST, 55.84 FEET; 12) NORTH 71° 19' 19" WEST, 145.24 FEET; 13) NORTH 47° 57' 42" WEST, 183.01 FEET; 14) NORTH 26° 36' 32" WEST, 120.50 FEET; 15) NORTH 50° 58' 07" WEST, 77.92 FEET; 16) NORTH 33° 34' 33" WEST, 279.24 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; 17) NORTH 89° 07' 57" EAST, 202.04 FEET ALONG SAID NORTH LINE; 18) SOUTH 33° 34' 33" EAST, 144.06 FEET; 19) SOUTH 50° 58' 07" EAST, 88.61 FEET; 20) SOUTH 26° 36' 32" EAST, 125. 14 FEET; 21 ) SOUTH 47° 57' 42" EAST, 115.82 FEET; 22) SOUTH 71° 19' 19" EAST, 151 .84 FEET; 23) SOUTH 43° 43' 57" EAST, 141 .04 FEET; 24) SOUTH 15° 03' 09" EAST, 218.08 FEET; • 25) SOUTH 01° 46' 17" EAST, 579.62 FEET; 26) SOUTH 11 ° 58' 13" EAST, 139.31 FEET; 111111311 3111 1111 IMO MUM iffi 2970917 07/22/2002 11:13A Weld County, CO 3 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto 1 11111HII111111111111III111111111111 III 111111(11 VIII 2970917 07/2212 •4 of 7 R 35.00 D 0.00 J.A. "Saki" Tsukamolo 27 ) SOUTH 31 ° 07' 50" LAST, 348.27 FEET; 28) SOUTH 42° 45' 00" EAST, 2.06.36 FEET; 29) SOUTH 30° 32' 32" LAST, 162. 14 FEET; 30) SOUTH 14° 43' 04" EAST, 77. 17 FEET; 31 ) SOUTH 01 ° 08' 52" EAST, 494.71 FEET TO THE TRUE POINT OF BEGINNING; SAID EXCLUSIVE EASEMENT CONTAINS 11 .6459 AQRES, MORE OR LESS, AND 1S SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAYS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND; AND THREE LATERAL IRRIGATION DITCHES FROM SAID NAZARENUS LATERAL DITCH, SAID EASE- ___ BEING 30 FEET (30' ) WIDE AND EXTENDING FROM THE EXCLUSIVE EASEMENT DESCRIBED ABOVE TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, THE CENTERLINE OF SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LATERAL DITCH NO. I : COMMECING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° OBI 52" WEST, 1332.59 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86° 03' 27" WEST, 429.28 FEET TO THE EAST LINE OF SAID EXCLUSIVE EASEMENT; • LATERAL DITCH NO. 2: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 52" WEST, 678. 16 FEET ALONG THE EAST LINE OF SAID SECTION 4 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84° 31 ' 56" WEST, 54.48 FEET TO THE EAST LINE or SAID EXCLUSIVE EASEMENT. LATERAL DITCH NO. 3: THIS CENTERLINE OF THIS DITCH LIES NORTH 01° 08' 52" WEST, 484.04 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 4 AND ALL IS WITHIN SAID EXCLUSIVE EASEMENT. I do hereby certify that under my personal supervision, this • •/ C.9 • legal description was prepared on July 18,2002 th joke Gerald B. McRae, Professional Engineer and ( 4 Land Surveyor, Colorado Reg. No 6616 ,' r 2 of 2 • EXHIBIT B LEGAL DESCRIPTION (NON-EXCLUSIVE EASEMENT) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLO- RADO AND BEING MORE PARTICULARLY DESCRIBED•AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4 AND CONSIDERING THE EAST LINE OF SAID SOUTHEAST QUARTER TO BEAR NORTH O1° 08' 52" WEST AS MONUMENTED AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89° 27' 02" WEST, 164.05 FEE' ; THENCE SOUTH 01° 12' 45" EAST, 40.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89° 27' 02" EAST, 164.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 0. 1506 ACRES, MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. • I do hereby certify that under my personal supervision, this ., legal descrt.ption was prepared on July 18,2002 L1✓j u^` mif 1 Gerald B. McRae, Professional Engineer and Colorado Reg. No 6616 ^. ;' ti .r'5a Land Surveyor, •14 «,,,,,,••• un14114 1111\ 111111111111111111111iii1111111111111,111111111 010 5 of 7 873500 020.00 J.R."Saki' Tsuka Sot 7 • • EXHIBIT C • Isa•RRFoiniw 10.111 14.10 WMFTES, 10T1 4.2•MMIA O IISAIM, AMOS 4,MST 0,M 4A P.M.. NEW corn% OOIOIMW. • CORP Sella OWES. Y-I/2'ALLMIMLM W SET AND MEF•O2l0 ST L.S. 944 a Tt2000. yRIMEST Mee 0, INC ENT HALF CA Pe SOUMUST.OWITFR: 2-I/2`ALUL IMM GIP SET MC OEFERIC[0 SY 43;e4.EN I-s-2000. ® CAST 0.141134 COI SPT YI/4'ALLMIMM W SET MO MERIOCEO SY L.5.223*3 aA 12-S-In.. ® TORPINOT µIM MS CPOM��EMSF 71 01414 13.47247 p 0-122000.3004114.47 T41: s-In• p COOP WRC7 OF m SWMEAST OMIREA: J-I/4^ALIMINM w SR PO AU- EAOCEO P L.S. 7242 04 6- IT- 2000. (� saneSTGCONER Of 9 SIT MO C SOU11.4S7ED % L.S.. MOF *14 3-Iu*SE pMMIP: 2-I/2' AMMO 44 Co64999. (§) S01M parrs coma 2-I/2'ALWIMM CAP SET MC NEFEAOCEO BY L.3 V4. ON T-O-IS"O. ® 10.0114607WC*A OF AND it SOOKAST TL'41L St ER 044 ON 1301114AST WARM: 2-I/2- M SO O SgRLNAST SFR IOM C0MEI1: i3/1".LLIMIMM W SET NC IRFEIIEMCEO ST L.S. 12.2 04 4.23- 4*7. • Rd f 50• ' C/L West East • 2'-L" Tj 'ceUDitch Section • MoneAnM rwnd,LS 1E42 Unkle ott.aruisa DescNll.d p Ptrwa2Len% Sat:is.4 R.Mr u/Cy LS 7242 links ORI.2MIN %Mrikd • 11111111111111111111111111111111111111111ILO IIII Jill • 2970917 07/22/2002 11:13A Weld County, CO 6 of 7 R 36.00 0 0.00 J.A. 11Suki" Tsukamoto 2 of 2 • EXHIBIT C 0 ® Nw Car.of the E ye © t 4 enrol it 2423 lc' a n• SE'/4 — - mime NIt'oT1TE on.u' 1 a c 01 =O C I 11101 .6& = \b ��' • —ai- I '03 I a d• NE IA SEA � : Q Q7 �Al �j^J W T C 0 ' a „ I E., I W e _ !•13 I W < I —ND •nl N 0� erig I +_ w a g n I-- •so I a _ I err w I o — Igi r Lateral alch ©Cmhr Lec of I I q,l NE Ear. .4 the -1M 1E y4 - -�-" t-411.11 5E*A0.e 1E y4 1 ® 1 —sir°1F21 • O1 { co nt SE y4 SE*y4 �\ �� \ ,tale 1'1<40� \ \ a 0 loa' 20011500f 400 .J \ \ a .°n ✓ tt $61'si iCW U isn' .l. Latrr.l D:fch Ana, Or-\- it.2 "' r 4m.w. 111.5,311 Act "c Rea R4W•L1071 Act NICWin S5.05'IMO E Net : //i.6232 Acl I Ed.r•1 IMO, N I OA N..! I I CO I 40'H. haw,. E•wl I 30' 1 I 'Nu.IF.f J r.1•^•^S —-- Srt'21'01 W 1271.17 +o' Ex N rluw Eem1. ..SW C el Iti® St y4 ./ n. wLA 72 ® St Coe Sec4-/ A.I AI.y.,a! SE Y4 TLN,ROW N.n E.clw'ate EIT1 amp er rW MC r w.(USS? MMIn saga rr IIIIIIIIMen ir art MOMS If w OF—PI AM flit. nr rrrtrrr w wNrrw- .w MI M aarfr.AMMO all as arras roar Fes r arm Am•r. IR'M.nN re SWAM eac IN seer eine err use MIS IMOMIIM M MO'Mari WINN MM.We AIM NY MIST MIgYV S Ma'WM.. I MP...M Yr Ifl1 !Ma—III Sr M rIN MMer M MNMO MAW IM/ 10'ISVM.I1M I We MI or MN SMOIMMITM. PS,Mat • Mc"A£ % S OPT INCC. in, en+Alt Puna cue eoclr xµt'I• ow,ya 1?S an, l7I% A'T:sal//KM M4 •. • LAND SURVEY PLKf l DITCH EASEMENTS 1 of 2 _ e e I e;k� _ —,.ton CO � Ws - �.E4 — + f 64 . MELVIN DINNER, P.C. ATTORNEY AND COUNSELOR AT LAW 822 7TH STREET, SUITE 540 • GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 E-mail: meldinner@eartnlink.net Weld County Planning Department GREELEY OFFICE AUG 3 0 2006 August 29, 2006 RECEIVED Weld County Planning Department 918-10`h Street Greeley, CO 80631 Attention: Brad Mueller, Planner Re: Case No. OF-1043 Applicant: Sherry Lawley Dear Mr. Mueller: As indicated to you by prior correspondence, I represent The Nazarenus Lateral Ditch Company, Inc., with address c/o Curtis Foss, Secretary, 35490 WCR 61, Gill, CO 80624. • This letter shall serve to advise you that the Board of Directors of The Nazarenus Lateral Ditch Company, Inc. have hired the services of Don Dunker, P.E., with offices located at 33504 WCR 53, Gill, CO 80624, in connection with matters dealing with the Drainage Report and Construction Drawings for the Lawley Estates PUD and its potential impact on the Nazarenus Lateral Ditch and the right of way system. Based upon Mr. Dunker's examination and review of the Drainage Report and Construction Drawings for the Lawley Estates PUD, Mr. Dunker has prepared a letter with recommended changes and modifications,based upon the status of impact on the Nazarenus Lateral Ditch and right of way system. I am accordingly enclosing herewith a copy of the letter dated August 22, 2006 prepared by Don Dunker, P.E. submitted to The Nazarenus Lateral Ditch Company, Inc. As you will note, Mr. Dunker has raised a number of questions that need to be answered by Ms. Lawley, and particularly the engineer acting on behalf of the Lawley Estates PUD in connection with the preparation of the Drainage Report and Construction Drawings. It would be preferable if the engineer representing the Lawley Estates PUD were to provide adequate and sufficient information to Mr. Dunker in connection with the questions which he has raised. As you will note, I have submitted a copy of Mr. Dunker's letter and his examination responses to the Applicant, Sherry Lawley. By way of this letter, I am also requesting that she contact the engineer who performed the services in connection with the preparation of the Drainage Report • and Construction Drawings for the Lawley Estates PUD and have the engineer contact Mr. Dunker so that these other matters can be addressed and resolved. August 29, 2006 Page 2 It is also necessary that once the final construction plans for compliance with the required changes are made that this final construction plan be submitted to the Board of Directors of The Nazarenus Lateral Ditch Company, Inc., as well as Mr. Dunker. I look forward to your cooperation and assistance in connection with these matters. In the event there is any additional information or documentation that you need or desire from me or from The Nazarenus Lateral Ditch Company, Inc., I suggest that you contact me at your convenience and I will attempt to assist you in connection with those inquiries. As indicated above, I am also submitting a copy of this correspondence to the Applicant, Sherry Lawley, and in event she or her engineer has any inquiries or questions dealing with the Drainage Report and Construction Drawings for the Lawley Estates PUD, or otherwise, in connection with her Application, I suggest that either Sherry Lawley or her engineer contact me or Mr. Dunker or the officers of The Nazarenus Lateral Ditch Company, Inc. in order to more • fully cooperate and attempt to complete the matters involved. I look forward to hearing from you as the Current Planner pertaining to this matter. Very truly yours, vvv — MELVIN DINNER MD/as enclosure cc: Lawley Estates PUD Don Dunker, P.E. The Nazarenus Lateral Ditch Company, Inc. • • August 22, 2006 Don Dunker, P.E. 33504 WCR 53 Gill, CO 80624 Nazarenus Lateral Irrigation Company 35490 WCR 61 Gill, CO 80624 Re: Lawley Estates P.U.D. Dear Nazarenus Lateral Irrigation Board Members, As you requested, I have examined the Drainage Report and Construction Drawings for the Lawley Estates P.U.D. and its impact on the Nazarenus Lateral Ditch and Right-of-Way. The following are recommended changes to reduce the impact of the P.U.D. onto the Nazarenus Lateral Irrigation Ditch. The final decision will be up to the Nazarenus Lateral Irrigation Board Members. Drainage Report Comments: Page 2—In the top paragraph, specify the soil type A, B, C, or D from the USDA Soil Conservation • Service, Soil Survey of Weld County. Page 3 —under D. Proposed Drainage, item 6: Behind the 18" add, "all pipe crossing the Nazarenus Lateral Irrigation Ditch shall be Reinforced Concrete Pipe (RCP) or Horizontal Elliptical Reinforced Concrete Pipe (HIE RCP), class III minimum 100 foot either side of the centerline of the lateral crossing". Page 4—under E. Conclusion/Recommendations: Add to item 1, "Silt fence shall be installed all along the westerly edge of the Nazarenus Lateral Irrigation Right-of-Way." Include a detail in the detail sheets of the drawings and show where the fence is to be installed on the Grading Plan. Page 4, Item 3: Include a figure within this report of the FEMA Floodplain information for this area. Page 1 of calculations, Determine Historic Flows: The C-factor is too high. Use Urban Drainage Table RO-5 once the soil type A, B, C, or D is determined. As an example, the maximum C-factor for a type 'B' soil is .08 for a 5-year storm event. Include a figure within this report of the IDF table used to calculate the Intensity value. The site only has 114.29 acres per the plat. Use this to calculate the release rate. Off-site flows will pass through the overflow weir and shall not be included in the release rate for the discharge pipe. Maximum flow rate for this site should be 22.86 cfs if soil is type 'B', with C=.08, A=114.29, and • I=2.5. • Nazarenus Lateral Irrigation Company Page 2 Page 2 of calculations, Calculate Detention Pond Volume: Recalculate the volume of the pond using the new release rate. Carry out the time of the calculations through 120 minutes minimum or for storm duration of 2 hours. Page 3 of calculations, Calculate Pond Volume: Recalculate the pond volume using the new required volume calculated in Page 2. Ensure the top of pond banks have 1-foot of free board with a plugged outlet pipe. Page 4 of calculations, Outfall: Use an orifice plate to restrict the flow from a full pond per the newly calculated release rate. The plate shall be 1/2"thick steel (A-36)minimum and shall be hot dipped galvanized. Install the plate to the headwall with 'A" diameter stainless steel anchors minimum. Place a hinged trash rack in front of the orifice plate. Include this detail in the construction drawings. Construction Drawing Comments: Sheet 1 of 11: All sheets that affect the Nazarenus Lateral Irrigation Ditch shall have a signature block for the Ditch Company to sign. Below the signature block, add these notes: "The Nazarenus Lateral Irrigation Ditch Company review/approval constitutes compliance with the Company's standards. Review by the Company does not constitute approval of the plan design. Errors in the design or calculations remain the responsibility of the Engineer of Record. • This review does not constitute a review/approval of any private or public improvements,which may be shown. These plans are intended to be for the company review of alterations or impacts from development of company facilities. Construction cannot commence until all reviews are completed, all required drainage reports, erosion control plans and final construction plans are approved, signed and on file with the Nazarenus Lateral Irrigation Ditch Company." Add this note to the General Notes: "Prior to building permits being issued, a set of construction as- built drawings with a Professional Engineer stamp shall be given to the Nazarenus Lateral Irrigation Ditch Company. The as-built drawings shall verify that all storm water facilities within the proposed Lawley Estates P.U.D. including, but not limited to, the following items meet the signed Design Construction Drawings criteria: pond volume calculations, pond side slope grades, pond outlet structure (LxWxD) including rebar size and spacing, pond weir wall structure (LxWxD) including rebar size and spacing,pond amendment and seeding,pond 1-foot free board, all berm and swales lengths, depths and slopes, cutoff wall (LxWxD) in berm, RCP pipe size, class III strength plus bedding, pipe slope, pipe joints meet ASTM C443,top of RCP pipe to bottom of ditch clearance, flow fill (LxWxD), compaction around all structures and pipe, riprap size, riprap pad size length, width and depth, grout mix and installation, trash rack installation, orifice plate opening size, orifice plate thickness, orifice plate is hot dip galvanized, stainless steel anchors attaching orifice plate to head wall, and no damage was done to Nazarenus Lateral Irrigation Ditch structures or Right-of- Way." Sheet 3 of 11: Label the centerline of the Nazarenus Lateral Irrigation Ditch across from the proposed • detention pond. • Nazarenus Lateral Irrigation Company Page 3 Sheet 5 of 11: Label the Nazarenus Lateral Irrigation Ditch Right-of-Way. Add a note near the detention pond and the north end of the project along the west edge of the ditch Right-of-Way to say, "No grading in Right-of-Way, match the existing grade along this boundary". Show and label the centerline of the Nazarenus Lateral Irrigation Ditch where it is parallel to the detention pond and crosses Weld County Road 72. Label the Nazarenus Lateral Irrigation Ditch culvert crossing Weld County Road 72. Label the detention pond. Add note 3 to the General Notes, "Prior to grading the site, fence the west boundary of the Nazarenus Lateral Irrigation Right-of-Way to keep heavy equipment away from the Ditch. The fence shall have 6"wooden corner posts forming an 'H' with steel T-posts every 25',place the wooden 'H' posts at every PI or 600' which ever is less, fence shall have 5 strands of barbwire attached to all posts." Total fence height shall be 54"tall minimum. Show and label fence on plan view. Include a detail of fence in detail sheets. Sheet 6 of 11: Show and label the centerline of the Nazarenus Lateral Irrigation Ditch where it is parallel to the detention pond and crosses Weld County Road 72. • Show and label the detention pond. Sheet 7 of 11: Ensure the note for"No grading in Right-of-Way match, the existing grade along this boundary" shows up on this sheet. Sheet 8 of 11: Place a berm 2' above the top of the east side of the detention pond. The east toe of berm slope shall be west of the west boundary of the Nazarenus Lateral Irrigation Ditch Right-of- Way boundary line. Flush with the top of the berm; install a concrete cut-off wall 4' deep x 8"thick for the entire length of detention pond. The concrete cut-off wall will ensure the berm stays in place. Earthen berms have a tendency to deteriorate over time, or are removed during maintenance of the pond. Show and label the centerline of the Nazarenus Lateral Irrational Ditch where it is parallel to the detention pond and crosses Weld County Road 72. Place a concrete weir wall across the south end of the detention pond a minimum of 4' deep x 1' thick for the entire width of the south end of detention pond. The flat portion of the weir wall shall be the 100-yr Water Surface Elevation(WSEL). Design the wall with enough rebar to prevent failure as the storm water discharges over the weir wall. Show the wall on the plan and profile views and include a detail on the detail sheet. • 111 Nazarenus Lateral Irrigation Company Page 4 Install a type `M' grouted riprap pad downstream of the weir wall. It shall extend the entire length of the wall x 24"deep and protrude south down the slope through the borrow pit bottom and up the south side of borrow pit 3' minimum. Show the riprap pad on plan and profile view and include a detail on the detail sheets. Follow Urban Drainage grouting details and grout mix. Add the following General Notes, 1) List pond seeding and how it will be amended, 2) How often will the pond be maintained?, 3)Flow fill shall be used 8' either side of the Nazarenus Lateral Ditch crossing from top of proposed RCP pipe to bottom of Ditch or culvert, and 4) Irrigation water shall not be interrupted during the project. Show the Nazarenus Lateral Ditch culvert as it crosses Weld County Road 72 and add into the profile view. The pipe shown in the profile view shall be labeled as H/E RCP or RCP class III 100' each side of Nazarenus Lateral Ditch crossing. Add a 3' minimum dimension from the top of RCP pipe and bottom of Nazarenus Lateral Ditch feature. • Add this note to the General notes, "A Professional Land Surveyor and one Ditch Board member shall verify the 3' minimum distance between the top of RCP pipe and bottom of Nazarenus Lateral Ditch feature. The Ditch Company board member shall be contacted 48-hours prior to crossing to schedule time to verify the 3' distance". How does the roadside borrow pit drain during a rainstorm? Once the pond is full,where will the pond weir over flows go and how will Nazarenus Lateral Ditch be protected? Include an RCP trench and bedding detail. Show hydraulic grade line (HGL) of the pond discharge pipe for a 100-year storm event on the profile view. If HGL is above the manhole lid on the pond discharge pipe, install a bolt-down lid. Please contact the Nazarenus Lateral Ditch board or me to review the fmal construction plans for compliance of the required changes. Sincerely, Don Dunker, P.E. • Hello