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Home My WebLink About20081932.tiff • Memorandum TO: Board of County Commissioners IDATE: April 30, 2008 FROM: Brad Mueller • COLORADO Department of Planning Services RE: Lawley Estate PUD Final Plan CC: Planning File No. PF-1043; Public Works The owner of the Lawley Estates PUD subdivision, Sherry Lawley, is requesting approval for the Lawley Estates PUD Final Plan, Planning File No. PF-1043. The request is explained in detail in the attached letter to Planning Services, dated April 22, 2008. History The Final Plan for the Lawley Estates PUD subdivision was administratively approved by Planning Services staff on September 9, 2006. The approval was based on completion of 32 Conditions of Approval, most of which have since been met. . However, because three Conditions have not been met, the Board is being asked to approve the Final Plan. The Board last discussed this property during the Change of Zone hearing on March 23,2005. (See Change of Zone Minutes in file.) During this hearing,there was significant discussion about one of the items, the requirement that the applicant present evidence of a ditch agreement with the Nazarenus Ditch Company. Conditions of Approval • Condition 1.A — The applicant shall submit evidence of a ditch agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. If an agreement is not reached, the Board of County Commissioners shall review the Final Plat for acceptance. Concerns of the Nazarenus Ditch Company are noted in their letter of July 24, 2006. The applicant has not been able to finalize a ditch agreement with the Nazarenus Ditch Company. The applicant believes that she has met the items listed in the Condition of Approval and discussed during the Change of Zone hearing, as indicated in her letter dated April 22, 2008. The Ditch Company, however, indicates in a letter dated February 29,2008, that they would require a number of concessions of the applicant in order for them to provide their approval of the Lawley Estates PUD plans. The Weld County Code requires that all easements be shown on a subdivision plat, but it does not specify how much consensus between two parties is required, when potentially • adding to the terms of the easement due to a proposed subdivision. The landowner and the easement beneficiary will both present their positions to the Board at the hearing. 2008-1932 • • Condition 1.E-- The applicant shall clarify where a development sign is proposed for the site. Condition 1.N(7) --Any proposed development sign shall be located outside of utility easements and shall meet the required ten(10)foot setback from road rights-of-way. A plan detail of the proposed sign shall be included on the final plat. Staff supports eliminating these Conditions. The sign is proposed within the median landscape area, where a 10' setback could be impractical. The sign would be required to conform to the standards for maximum sign sizes. • Condition 1.J -- "The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association." Staff supports eliminating this Condition,which was established by this Change of Zone.The applicant has questioned as to the basis for this requirement. While it may be convenient for the HOA to own the mineral rights, staff could not find any requirements that mineral rights be deeded. Off-Site Road Improvements Public Works has been in discussion with the applicant about the monetary fair-share contributions required for off-site road improvements. These discussions are on-going, but there may be discussion with the Board if final resolution is not reached at the time of the hearing. Staff Recommendation Planning Services recommends approval of the application, conditional upon Board resolution on the items listed above, and upon completion of the Conditions indicated in the staff Administrative • Review dated September 9, 2006. Reference: Board of County Commissioners Hearing, March 23, 2005 Letter from applicant, dated April 22, 2008 Letter from Melvin Dinner on behalf of Nazarenus Ditch Company, dated February 29, 2008 Planning Services PUD Final Plat Administrative Review, dated Sept. 9, 2006 • 2 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS May 6, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Brad Mueller, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR A FINAL PLAT APPLICATION FOR THE LAWLEY ESTATES PUD SUBDIVISION (PF-1043). Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD A L/ The foregoing instrument was subscribed and sworn to me this ,'ay of " tkI , 2008 WITNESS my hand and official seal. 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P ?r •• ,, L it..".4", . . li 1 . �' r. 7` fY' .• s 1 -'1�'• 4 •i• i'� , ' ll: :-•- 4: 1% 1!/ t .,. • tl L. 1 11 I. .c f=. . e. r, .."--r. -. tr., --- • gis'II :tifirmi - :10 -•fti ' wa � �.w ta(r wr�1, t. n ir tlr �. .� • ,,.��"i I,� }1I tel.1. • e ,-; : - 1-4::: J ,� le . • a +'� LW`,W t L* - s: _.41: A4I 4Se"pti ' :.•...,.. �; �... r, •4:1t F• t • ! h� r t r ; .- ' Ir.. a_ ... . i•''y- -.yF ' �ai*; �, 1. r 'f• • 1 17 I 1 1 a .�•+;: ,r o•-w „�'�r 1 • ..-, • : `• a? 4: )1; a `. / .•'. - 3 �� f 't 1 • April 22, 2008 Department of Planning Services Brad Mueller 918 10th Street Greeley, Colorado 80631 RE: Lawley Estates Dear Brad, I am in receipt of the final comments dated January 23, 2008. As discussed with you previously, I would like to request a hearing in front of the Board of County Commissioners so they can consider amendments to the conditions of approval and development standards on the following items: 1. The applicant would request that the requirement to submit evidence that the mineral rights purchased from Anadarko have been deeded to the Homeowners Association be eliminated as a condition of approval for the following reasons: a. There is no basis or code to support the request. 2. Sign Variance (Condition 1.E) • a. The applicant would request that the Board of County Commissioners grant a variance to allow a sign in out lot c as indicated on the revised plat. 3. Agreement with the Nazarenus Ditch Company The Board of County Commissioners requested the applicant submit evidence of a ditch agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. We feel that we have demonstrated compliance with the request by the Board of County Commissioners and would ask the Board to eliminate the condition of approval that the applicant obtain an agreement with the ditch company for the following reasons: a. The final and subsequent construction plans illustrate the fence that was discussed and agreed upon in previous meetings with (Curtis Foss)the ditch company representative. b. The ditch company engineer(Don Dunker) has reviewed the drainage plans and the applicant has reflected ditch company changes to the drainage plan. Those changes are reflected on the construction drawings. c. The applicant does not object to the ditch company maintaining the existing 120 foot easement of the 80 agricultural acres in lot 4. Owners of lot 4 will retain the same rights as outlined in the purchase agreement. d. The access has not changed and the subdivision has no impact on ditch company access. (The ditch company can access on the easement as they did before application • was made for the subdivision). Owners will retain the same rights as outlined in the • purchase agreement. e. Additional requirements in a letter dated February 29th 2008 by the Ditch Company Attorney)specifically item#6 requiring the applicant to provide a performance bond in the amount of$20,000 and an additional $2,500 for professional services as outlined in item# 8)areb not acceptable. We have put in place collateral at the county's request to insure the infrastructure is built properly. In addition,the county requires that permits be obtained before construction begins in the public right of way, inspection of such improvements will be made by the county to insure proper installation per design standards. f. Addition requirements in a letter dated February 29th 2008 by the Ditch Company Attorney specifically item# 7 limiting the applicant to one crossing and that no other crossings be allowed in the County right of way is not acceptable. Other crossings may be necessary in the future and as a part of this project. To limit the applicant to one crossing may impede the completion of the subdivision. g. Addition requirements in a letter dated February 29th 2008 by the Ditch Company Attorney specifically item# 8 requiring the applicant to provide liability insurance coverage in adequate and proper amounts on behalf of the Nazarenus Ditch Company with premiums to be paid by the developers or some type of homeowner's association which will be kept in full force and effect with proof of payment of the premiums. • This is not acceptable. The applicant cannot bind future homeowners to carry insurance on behalf of the ditch company should something occur resulting in liability. Determination of liability should something occur in the future is the courts responsibility. h. Addition requirements in a letter dated February 29th 2008 by the Ditch Company Attorney Specifically item# 9 requiring the applicant to hold the ditch company not responsible or liable for any losses that occur to livestock or from other damages or losses incurred from their usage of lot 4. The Nararenus Ditch Company use is limited to the easement/right of way agreement. This request is not acceptable. The applicant or future owners of lot 4 cannot provide the ditch company a non liable agreement on behalf of the property owner of lot 4. Determining liability for any loses should they occur is the responsibility of the courts. i. Addition requirements in a letter dated February 29th 2008 by the Ditch Company Attorney specifically item# 10 requiring the applicant to install at her or her successors in interest sole expense and cost, any fences and all fences and gates requested by the ditch company and at reasonable and mutually agreed upon locations. The developer or her successors in interest shall take necessary measures to timely; adequately and properly maintain proper drainage to prevent erosion of the surface of such easement premise. • The applicant has met all drainage requirements as set forth by the county and ditch . company, and has a fencing detail as outlined on the construction drawings at the request of the Ditch Company's engineer(Don Dunker). See attached letter from Don Dunker dated February 9, 2008 addressing fencing. In close, items A and B have been met as evidenced by the plat and construction drawings. Items C and D have been addressed above and conditions pertaining to such are legally outlined in the original purchase agreements between the applicant and the Nazarenus Ditch Company. Items E thru I are unwarranted and are conditions that the ditch company has added in a letter dated February 29, 2008. These requests have nothing to do with the Board of County Commissioners original requirement that the applicant enter into an agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. Again, the applicant has demonstrated compliance with the request by the Board of County Commissioner and would ask the Board of County Commissioners to eliminate the condition of approval that the applicant obtain an agreement with the Nazarenus Ditch Company. Sincerely, Sherry L. Lawley • April 22, 2008 • Department Of Planning Services Brad Mueller 918 10th Street Greeley, Colorado 80631 RE: Lawley Estates Dear Brad, As you know we met with Public Works on March 21, 2008 to discuss: Paving of a proportion of County Road 55 Dust control for a portion of County Road 55 Dust control for a portion of County Road 72 Based on discussions in that meeting, Public Works would support alternatives to the previously proposed proportionate share of paving, dust control for County Road 55 and 72. Therefore, I am proposing a non-refundable cash deposit in the amount of$40,000 in lieu of proportionate share of paving and dust control on County Road 55 and 72, to be paid prior to the start of any construction or improvements. A letter of credit will be provided for collateral until such a time construction begins. Sincerely, Sherry L. Lawley • Page 1 of 2 Brad Mueller • From: David Bauer Sent: Monday,April 28, 2008 1:21 PM To: pbrubacher@shearengineering.com Cc: Richard Hastings; Brad Mueller Subject: Lawley Estates P.U.D. Pam, I have finished my review of the revised plans and report for the Lawley Estates PUD project. All the requested items in those plans and report have been addressed. We require 3 sets of stamped and signed plans for our files and use for inspection during construction. Brad Mueller in Planning will be in touch regarding the remaining issues for the hearing. David Bauer Weld County Public Works From: Pam Brubacher[mailto:pbrubacher@shearengineering.coml Sent: Monday, April 28, 2008 1:16 PM To: David Bauer Cc: Brian Shear; Richard Hastings; mlawleyl@msn.com; Brent Balik Subject: FW: #2270-01-07 Lawley Estates P.U.D. Dave, I'm just following up on my email dated 04/23/08 inquiring into the review status of the above referenced project construction plans. Again, if you are encountering any unaddressed issues, please let us know ASAP, as we would like to have everything taken care of PRIOR to the upcoming May 21, 2008 Board of County Commissioners meeting. I look forward to hearing from you soon! Thank you, Pam Brubacher Shear Engineering From: Pam Brubacher[mailto:pbrubacher@shearengineering.com] Sent:Wednesday,April 23, 2008 05:33 PM To: 'dbauer@co.weld.co.us' Cc: 'rhastings@co.weld.co.us'; Brent Balik(bbalik@shearengineering.com);Cody Geisendorfer (cgeisendorfer@shearengineering.com) Subject:#2270-01-07 Lawley Estates Mr. Bauer, I understand that Rich Hastings forwarded to you my email to him dated 04/23/08 inquiring into the review status of the above project. Rich informed me that you are the one reviewing these civil engineering plans. Since 04/28/2008 Page 2 of 2 you were at the meeting on March 21, 2008, you are familiar with the project and based on discussion at that meeting, know what is expected of Shear Engineering. We feel certain that we have met all previous review comments as well as comments made at that meeting in our last submittal (March 31, 2008). Could you please let me know how far into the review you are, and what the status of our submittal is? If you are encountering additional issues,we ask that we may handle addressing these via email, rather than to make a fifth submittal, as we are trying to get these construction drawings and the drainage report finalized and approved as soon as possible. I would very much appreciate a timely response to this email. Thank you, Pam Brubacher Shear Engineering • • 04/28/2008 APRtt. 22 , Zoo g gsspotJSES 4vaori A P r u CANT -_�.� . $ DEPARTMENT.,QF PLANNING VICES t 8 10t" Street GREELEI`"; ORADO 80631 WEBS .co.weld.co.us E-M . bmueller o.weld.co.us P E (970) 353-610 , XT. 3572 FAX (970) 304-6498 • COLORADO January 23, 2008 Sherry Lawley 26658 Weld County Road 74 Eaton, CO 80615 RE: Lawley Estates PUD Planning File No. PF-1043 Dear Sherry: • Thank you for recently submitting revised or missing documents in conjunction with the Final Plat application for the Lawley Estates PUD (File No. PF-1043). Staff has reviewed these in detail, with the following comments. On-&Off-Site Improvements You and I have discussed your concerns regarding the costs associated with on- and off-site improvements. Staff (i.e., Weld Public Works) has identified four sets of improvements that require separate Improvements Agreements: • Paving of a portion of County Road 55 • Dust control for a portion of County Road 55 • Dust control for a portion of County Road 72 • On-site road improvements & drainage improvements The re-submittal included draft Improvements Agreements for three of these, but was missing one for the on-site improvements. However, a draft Exhibit A for the on-site improvements (which is part of the whole Improvements Agreement) was included and has been approved by Public Works. Nonetheless, a signed copy of this missing Improvements Agreement (and collateral arrangements) is still needed. (Note that the re-submittal included a letter dated December 19, 2007, which is somewhat confusing, requesting that the on-site road — Lawley Lane — be allowed as gravel. This road was originally approved as gravel, and is shown as such on the draft Exhibit A, so there is no 0 need to request an exemption from paving Lawley Lane.) You have indicated that the submitted Improvement Agreement documents remain unsigned because you want to contest some of the costs. (Please note that Improvement Agreements have to be finalized, however finally agreed, with collateral provided, prior to recording the Final Plat.) In order to present this to the Board, please provide a letter explaining what, specifically, you are requesting. Please clarify, for example, whether you are requesting to pay none of the $122,000 calculated by Public Works, whether you are asking to defer payment, whether you are requesting to pay dust control only and not paving, or vice versa, or whether you are requesting to pay a lesser amount. Regardless of the request, it would be beneficial, for the Board's consideration, to provide an explanation for your request (e.g., not properly calculated, unjustified, unfair, etc.). The letter can be addressed directly to the Board of County Commissioners but submitted to me. Once received, I will schedule this for a Board meeting, which will be handled as a request to re-consider a Condition of Approval of the Final Plat. Please see previously submitted letter dated March 31,2008 from Shear Engineering Public Work Review See the attached memo from Weld County Public Works, dated January 22, 2008. While you will note from it that a majority of items regarding the Final Drainage Report and the Construction Drawings were addressed, some were not. After the missing items are addressed, then signed copies of the Final Drainage Report (2 copies) and the Construction Drawings (3 copies) must be submitted. Also, please clarify to me whether you will be pursuing a variance/waiver request for un-detained stormwater runoff, as noted in the memo. See previously submitted letter dated March 31, 2008 from Shear Engineering Planning Review Unfortunately, the response letter submitted by Mr. Corbridge, Coffey Engineering & Surveying, LLC, dated October 16, 2007, (but submitted late December) only addresses the Planning Department's comments concerning the draft plat. Consequently, many of the items indicated in both the original conditional approval (September 9, 2006) and the Planning Department review e-mail (May 30, 2007) remain unaddressed. Below is a list of outstanding Conditions, which need to be finalized in order to record the Final Plat. The original comment from the September 9, 2006 review letter is listed, along with updated comments. It would be helpful, when submitting any missing items in the future, to use this list as a checklist of items submitted. Condition Number 1.A. The applicant shall submit evidence of a ditch agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. If an agreement is not reached, the Board of County Commissioners shall review the Final Plat for acceptance. Concerns of the Nazarenus Ditch Company are noted in their letter of July 24, 2006. (Department of Planning Services) The re-submittal included a response to the ditch company, but not written evidence of an agreement. My understanding is that the ditch company board will be able to review this in mid- i, 2 February. After that point, you should be able to get an agreement from Curtis in writing, • fulfilling this condition. The applicant has requested a hearing in front of the Board of County Commissioners, as they have been unsuccessful in obtaining an agreement with the Nazarenus Ditch Company. Please see attached letter. 1.8. The applicant shall amend the Improvements Agreement According to Policy Regarding Collateral for Improvements to include the development sign, pedestrian shelter, postal boxes, landscaping and fencing. Provide bids for landscaping estimates. A revised Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the changes indicated by the Department of Public Work in their referral dated July 24, 2006. This agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Department of Public Works) As discussed above, signed copies of the Improvements Agreements, with collateral specified, are needed prior to recording the plat. Please see the attached improvements agreement. <a- 1.C The Restrictive Covenants shall be amended as follows: 1) Weld County will not maintain drainage facilities, retention pond, landscaping or open spaces. It shall be clarified in the covenants what the Common Elements are and that the HOA is responsible for maintenance of these common elements. (Department of Public Works) The Covenants were revised, but the Common Elements definition was not changed to address this Condition concerning maintenance responsibilities. • Please see attached HOA document with changes. 1.D. The applicant shall submit to the Department of Planning Services the appropriate fee ($6 for the first page and $5 for all others) for recording the Restrictive Covenants in the Office of the Clerk and Recorder. (Department of Planning Services) The re-submitted Covenants were not signed, and the appropriate recording fees were not submitted. 1.E The applicant shall clarify where a development sign is proposed for the site. (Department of Planning Services) Mr. Corbridge's letter did not clarify whether a development sign is proposed, or where. If you anticipate putting it in "Tract 1" (to be re-named "Outlot C"), please be aware that the parcel is not large enough to allow for the 20' setback required of signs. If a sign is proposed, its exact location should be noted on the plat. Plat submitted. Please see the attached letter to Board of County Commissioners requesting C�/ sign variance. 1.F. Public Works review. See attached memo. 1.G. The applicant shall submit evidence to the Department of Planning Services that the required School District cash-in-lieu of land dedication fee has been paid. (Department of Planning Services) • 3 No written document was submitted to verify school fees were paid. • Will provide evidence. �- 1.H The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the State. (Department of Planning Services) No written document was submitted to indicate formation of the HOA. Please see attached certificate. 1.1. Final signed Water Service Agreement from North Weld County Water District. The copy should not be recorded; we will record the final copy at the same time the plat is recorded. Please provide recording fees of$6 for the first page and$5 for all subsequent pages. The submitted Water Service Agreement was a photocopy and not the original. If for some reason it has already been recorded, please contact me. Please see attached original of contract. E' 1.J. The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association. (Department of Planning Services) No copy of a mineral rights deed was submitted. Please see letter to the Board of County Commissioners. 4 . 1.M. The applicant shall submit documentation addressing how they shall adhere to federal requirements regarding Burrowing Owls, as indicated by the Division of Wildlife in their referral dated July 24, 2006. • Mr. Corbridge's letter did not document how the federal requirements will be addressed. The applicant intends to meet the DOW requirements as outlined in the attached letter dated ✓ July 24, 2006. Draft Plat Drawing notes: 1.N.2. Landscaping and utility plans shall be added to the plat, as required by Sections 27-9-30 and 27- 9-40. (Department of Planning Services) The re-submitted plat does not include a landscaping plan, and Mr. Corbrdge's letter did not address this Condition. There is no landscaping scheduled for the site. 1.N.6. 'Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be delineated on the plat. (Department of Planning Services) The statement that was added is incorrect or out of date. Please see Appendix 22-E and revise the statement on the plat. Plat submitted with changes. v 1.N.7. Any proposed development sign shall be located outside of utility easements and shall meet the required ten (10) foot setback from road rights-of-way. A plan detail of the proposed sign shall be included on the final plat. (Department of Planning Services) As noted above, it is not clear whether a sign is proposed or not. If so, note the location on the • 4 plat, ensuring adequate land to meet setbacks. Also, for approval, a basic detail showing size • and height (both meeting sign limits) should be provided on the plat. Plat submitted. Please see letter to Board of County Commissioners. "— 1.N.8. The proposed pedestrian shelter shall be located outside of utility easements and shall meet the required twenty(20) foot setback from road rights-of-way. (Department of Planning Services) 1.N.15. 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, and setback/offset allowances shall be called out The tract shall be shown and dimensioned on the final recorded plat (Department of Public Works) The re-submitted plat does not show the location of the pedestrian shelter. Plat showing revisions submitted. �-� Other plat review comments: • The newly-added "Tract 1" should be re-named "Outlot C." • Note DD concerning "failure to submit a final plan" can be removed, and the list re- lettered (since the final plat has been submitted), although it is also fine to leave it there. • The Right to Farm Statement is incorrect. Plat showing revisions has been submitted.. LL I know that you, like we, are eager to finalize and record the final plat. If there is anything I can do to assist in getting these remaining items addressed as soon as possible, please let me • know. Feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Brad Mueller, Long Range Planner Weld County Planning Services cc: Brian Varrella, Weld County Public Works • 5 STATE OF COLORADO Berl Owens,Governor ` � DEPARTMENT OF NATURAL RESOURCES • DNISION OF WILDLIFE AN EQUAL orvamwn Ell/PLOVER OF Bruce McCloskey,Director For Wi/dGfi- 6060 B oaaaay For People Deriver,Colorado 80216 Telephone:(303)287-7192 Larry Rogstad,District Wildlife Manager May 8,2006 Colorado Division of Wildlife 317 West Prospect Street Fort Collins,Colorado 80526 Sheri Lockman,Planner Weld County Planning Department 918 10th Street Greeley, Colorado 80631 Re: PZ-1043 Lawley Estates Dear Sheri: Recently, I made a site visit to the above referenced property. The prairie dog colony on the parcel had been significantly reduced through application of a toxicant. On the day of my visit there were no Burrowing owls documented on site. The Division of Wildlife currently finds no conflicts with our interests should development occur. We would continue to recommend that onset of development . activities should occur outside the potential season of use by Burrowing owls, between March 15 and October 31. Should Development occur during this time period, and open prairie dog burrows are located within 150 feet of development activites, the site should be pre surveyed, by a biologist certified for Burrowing owl detection, immediately prior to onset of construction to ensure that there are no Burrowing owls adversely impacted. Feel free to call me at 970-302-7394 should you have any questions or concerns. Once again we appreciate the opportunity to be involved with the planning process in Weld County. Sincerely yours, Larry Rogstad CC Lawley Jeff Couch • DEPARTMENT OF NATURAL RESOURCES,Russel George,Smarm Director WILDt.IFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Choi NCI®e O'Neal, Secretary Page 1 of 1 Brad Mueller • From: Brad Mueller Sent: Wednesday,April 23, 2008 2:12 PM To: Richard Hastings Cc: David Bauer; Brad Mueller Subject: Lawley Estates PUD (PF-1043)review Hi Rich, I'm checking on the status of your review of the re-submittal for Lawley Estates, and to let you know that I am inter-office mailing you some additional information. The Lawley's re-submitted a letter on March 31, 2008, to you, along with revised plans, report, and plat. Could you advise me whether they have met all of their conditions, or whether some remain outstanding? I am sending you a letter from the Lawley's that requests that the Board re-consider some of the approval Conditions of Approval. These do not directly deal with Public Works issues, although I will let you know when it is scheduled with the Board. (The items are mineral rights dedication, sign variance, and satisfactory completion of an irrigation agreement.) However, there is one item that I need for you to tell me whether we should discuss with the Board. One of the Conditions of Approval is that they complete Improvements Agreements, to the satisfaction of the staff. I am also forwarding a letter that indicates that the Lawley's met with you on March 21 to come to conclusion about what is required of them for off-site improvements. 0 So there are 2 questions: 1) Is the County agreeing, as indicated in their letter, to a lump-sum of$40,000 (or some other amount)as the fair-share contribution for paving CR 55 and dust control on CR 55 and 72?, and 2) Is there some sort of agreement that is needed if we are? We may need to talk with Bruce Barker about whether some sort of modified agreement is appropriate. Finally, I'm also sending a copy of their completed on-site Improvements Agreement. Although I though that Brian had once reviewed the Exhibit A amounts for accuracy, I can't find any response from him. So please let me know if that list is okay. Just to clarify—even though I'll be scheduling the Board hearing to re-consider a couple conditions, they still have to meet all Conditions of Approval before we record the plat. That includes addressing any remaining comments that you have and getting approval for the Improvement Agreement(s). Thanks—feel free to call if you'd like to talk through some of this. Brad III 04/23/2008 Colorado Secretary of State - Summary rage t or t I--(OA 1E61s'?'64CD ylza/ai r4 • , � r ' RU INL= S C: 1._ \ I ER 1i***tell Business Center Information Center Licensing Center creta's c' to Nome /I For this Record.. Summary History&Documents Cert of Good Standing File Document ID Number: 20081082876 Email Notification Name: Lawley Estates Owners Association,Inc. Business Home Business Information Registered Agent: Sherry Lawley Business Search Registered Agent Street Address: 26658 WCR 74,Eaton,CO 80615,United States Registered Agent Mailing Address: FADS Glossary Principal Office Street Address: 26658 WCR 74,Eaton,CO 80615,United States Principal Office Mailing Address: Status: Good Standing Form: Nonprofit Corporation Jurisdiction: Colorado Formation Date: 02/08/2008 Term of Duration: Perpetual • Annual Report Month: February You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Set Up Email Notification Previous Page Business Center:303 884 2200•Fax:303 869 4864•e-mail:sos.business@sos.state.co.us Al. Search Contact us Prvacy statement I leers of use • http://www.sos.state.co.us/bizBusinessEntityDetail.do;j sessionid=0000ZDrS3Hw_zDdKjrf... 4/1/2008 Page 1 of 2 Brad Mueller • From: Don Dunker Sent: Wednesday, April 09, 2008 1:14 PM To: Brad Mueller Cc: L.R. Dunker Subject: RE: Lawley Hi Brad, I got the Construction plans and Drainage Report for Lawley Estates PUD on Saturday April 5, 2008 from Shear Engineering, I reviewed them April 6, 2008, have sent out a letter to the Ditch Company yesterday, indicating that all the items related to the Construction Plans and Drainage Report have been addressed. Let me know if you have any questions. Thanks, Don D. Original Message From: Brad Mueller Sent: Monday, April 07, 2008 8:02 AM To: Don Dunker Subject: RE: Lawley • Thanks for the update. Original Message From: Don Dunker Sent: Friday, April 04, 2008 4:41 PM To: Brad Mueller Subject: RE: Lawley Shear Eng sent me a copy of the letter but no plans or drainage report. I called them and they are sending the plans and drainage report now. That is all I know. Don D. Original Message From: Brad Mueller Sent: Friday, April 04, 2008 3 :51 PM To: Don Dunker Subject: Lawley Don, Did the ditch company forward a copy of a letter from Lawley's engineers, dated March 26? • 04/09/2008 Page 1 of 1 Brad Mueller • From: Brad Mueller Sent: Friday, April 04, 2008 4:04 PM To: Mark Lawley; Sherry Lawley Cc: Brad Mueller Subject: Update? (Lawley Estates) Hi Mark&Sherry, Can you update me on where you are in your efforts? I know that a response packet went to Engineering on March 31 (I got a copy too), and that there had been a planned meeting with them this week that was then cancelled. When I read the March 31 letter from Shear, it appears that you are agreeing to the cost amounts that Public Works has indicated. Am I reading that correctly? It also appears that your engineers have accommodated all of the technical requests of the ditch company. How do you intend to address the other requests of the ditch company? Are you still planning on providing me with a letter, requesting re-consideration of some of the Conditions of Approval? I am still very willing to get that scheduled with the Board as soon as you would like, as I've indicated in the past. Please let me know how I can help facilitate this. We would like to help you get this resolved and concluded as soon as possible. • I hope this finds you both well. Best regards, Brad • 04/04/2008 Page 1 of 1 Brad Mueller From: David Bauer Sent: Friday, March 21, 2008 3:48 PM To: Brad Mueller Cc: Don Dunker; Donald Carroll; Matthew Hickox; Richard Hastings Subject: RE: Lawley case 1 think Rich Hastings and I will try to finish it off. Don Dunker has to recuse himself since he's the ditch engineer for the irrigation ditch through the site. Don Carroll sat in the meeting today and so may also be a part of the last play. The Lawley's came with their design engineer(Brian Shear). We discussed and agreed that they do not need to detain runoff from the large lot#4(currently to be platted but no roads or development) but that a plat note would be added to the current proposed PUD plat stating that at such time as that lot(4) is developed, detention for the developed area would need to be added (so a second pond). Shear will be making all the other changes we redlined in the report and on the plans, they will send us 1 review copy to final check and we'll be done with that; they will send the usual 3 'final' copies after that double check. There was no complaint about the drainage changes, their angst comes more from dealing with the ditch, getting those written agreements, etc. We also discussed offsite and onsite improvements agreements. Everything with the onsite sounded okay, the offsite is another matter. That is all pretty complicated, the options vary, too much to describe here. • Sherry counter proposed asking whether she could just pay us a lesser cash amount now rather than a 'possible' future amount of cash (via letter of credit) and be done with it. An interesting idea since we sometimes go through all these calculations and never use the money—this way we'd have money for a road no matter when we built it. We'll pass that around to see who spits on it and get back to you. David Bauer Weld County Public Works From: Brad Mueller Sent: Friday, March 21, 2008 3:10 PM To: David Bauer Subject: Lawley case Dave, Now that Brian is out the door, can you advise me who will be taking over the Lawley case. I understand that there was a meeting this meeting with your department. When convenient, I'd like to catch up on what was discussed —either with you or whoever. Thanks, Brad • 03/21/2008 MELVIN DINNER, P.C. Weld County Planning Department ATYORNEY AND COUNSELOR AT SAW GREELEY OFFICE 822 7TH STREET, SUITE 540 MAR 7� • GREELEY, CO 80631 ?nom ,970, 352-2081 RECEIVED FAX (970) 352-91/2 F-mar'_: meldinner@earthlink.net March 14, 2008 Weld County Planning Department 918-10`h Street Greeley, CO 80631 Attention: Brad Mueller, Planner Re: Case No. OF-1043 Applicant: Sherry Lawley Construction plans for Lawley Estates PUD Lot B of Recorded Exemption No. 0801-4- 4RE-3581 located in the SE/4 of Section 4, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado • Dear Mr. Mueller: Pursuant to our telephone conference of Thursday, March 13, 2007, I am submitting herewith the following: 1. Copy of my correspondence dated August 29, 2006 addressed and mailed to your attention as Planner with the Weld County Planning Department in connection with Case OF- 1045 Applicant: Sherry Lawley. 2. Copy of the Engineering Report dated August 22, 2006 prepared by Don Dunker, P.E. on behalf of the Nazarenus Lateral Ditch Company in connection with the Lawley Estates P.U.D. 3. Copy of Warranty Deed dated July 19, 2002, recorded July 22, 2002 at Reception No. 2970916 of the Weld County records executed by The Nazarenus Lateral Ditch Company, a Colorado Corporation, as Grantor, to Sherry Lawley, as Grantee, covering the following described property located in Weld County, Colorado: The N/2SE/4 and the SE/4SE/4 of Section 4, Township 6 North, Range 64 West of the 6`h P.M., Weld County, Colorado 4. Copy of Right-of-Way and Easement Agreement dated July 19, 2002, recorded July • 22, 2002 at Reception No. 2970917 of the Weld County records between Nazarenus Lateral Ditch Company as First Party and Mark Lawley and Sherry Lawley as Second Party. • February 29, 2008 Page 2 5. Copy of the letter report dated February 9, 2008 submitted by Don Dunker, P.E. to the Nazarenus Lateral Ditch Company outlining matters required prior to any approval of the construction plans for Lawley Estates PUD. As you are well aware,by virtue of Resolution dated March 23, 2005, the Board of County Commissioners of Weld County, Colorado granted a change of zone, PZ#1043, from A (Agricultural) Zone District to PUD (Planned Unit Development) Zone District for Sherry Lawley pertaining to Lot B of Recorded Exemption No. 3581, said property being part of the SE/4 of Section 4, Township 6 North, Range 64 West of the 6`h P.M., Weld County, Colorado to a PUD (Planned Unit Development) for 8 lots with E (Estate)Zone uses. The change of zone that was granted was subject to numerous conditions as more specifically outlined in the Resolution, • a copy of which is also enclosed herewith, which included on page 6, item 4 A the following: "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." As you are thus well aware,based upon the information heretofore provided to you by Don Dunker, P.C. and by my correspondence including the letter of August 29, 2006 and February 29, 2008, a Ditch Agreement covering the items referred to above between the Nazarenus Lateral Ditch Company and Sherry Lawley has not been prepared, agreed upon or executed by the parties involved. Based upon the letter engineering report dated February 9, 2008 prepared by Don Dunker, P.C. and my correspondence of February 29, 2008,4 is quite apparent that the Nazarenus Lateral Ditch Company is attempting to work out the issues involved in order to provide for an agreement. • • February 29, 2008 Page 3 I look forward to receiving further information from you in connection with these matters on behalf of the Nazarenus Lateral Ditch Company. Very truly yours, MELVIN DINNER MD/as enclosure cc: Nazarenus Lateral Ditch Company • • Preindl€1.47 ,. MELVIN DINNER, P.C. MARGN 1N tMN6/t, • ATTORNEY AND COUNSELOR AT LAW cer se.< 822 7TH STREET, SUITE 540 GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 E-mail: meldinner@earthlink.net August 29, 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: • As indicated to you by prior correspondence, I represent The Nazarenus Lateral Ditch Company, Inc., with address do 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 PUB, 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, MELVIN DINNER MD/as enclosure cc: Lawley Estates PUD Don Dunker, P.E. The Nazarenus Lateral Ditch Company, Inc. • } A�'Ti4 GH M ENT - Mt-4►ZGH I q � tNrlEi2, LE—rTEM • 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 (H/E 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 ''/2"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. d 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 wail 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. • � 1 • 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 WE 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 Namrenus 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 final construction plans for compliance of the required changes. Sincerely, Don Dunker, P.E. • I1111111111111111111111111111111111111111111111ItIIIi A ,.TA c� T 97891 R 6002Ge"D 12.86•JA.SuM Tsul�mmoto 916 Warranty Deed Me (G R "( b/N,Jc/ • THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property')from the individual(s),corporation(s),parenerahip(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. the GRANTOR ts The(GRANTOR 1)the of the general property taxes for the yels and conveys the ar of this deed,to the N which the GRANTEE will pay(2)anytitle easements andnrights-ofexcept far way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record (5) any protectivecovenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions", and(7)subject to building and zoning regulations. D.P. $12.85 The SpecIfk Terms of This Deed Are: Grantor: (Give names)and plae(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify granton as husband and wife.) THE NAZARENUS LATERAL DITCH COMPANY,A COLORADO CORPORATION Grantee: (Give name(s)and address(es):statement of address.Including available red or street number.) SHERRY LAWLEY LEY 26658 WCR 74,EATON,CO 80615 Form of Co-Ownership: Ilf there are two or more gramea nemd,they will be considered to take en tenants in talisman unless the words"in joint tenancy'or words of the same meaning are added in the space below.) Property Description (Include county and lure.) The N)/2SE1/4 and the SE1/4SE1/4 of Section 4,Township 6 North,Range 64 West of the 6th P.M.,Weld County, Colorado. TOGETHER WITH ATTACHED RIGHT-OF-WAY AND EASEMENT AGREEMENT Property Address: (TO BE DETERMINED) Consideration: (The stuemms of a dollar amount Is optional.adequate consideration for this dad will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and unconditional.) ONE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED AND 00/100 Reservations-Restrlennne: (If the GRANTOR Intends to reserve any interest In the property or to convey Ins than is owned,or If die GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) J I c Additional WvmntyV4dom: (Include deeds of trust being assumed and esker convert no covered shove.) Paecurdd wj�perAntor on JULY 19.2002 tale for(nNWdrulU): fSQdlpBe for"Corporation,Partnership or Association: Signs THE NAZARENUS LATERAL DITCH COMPANY,A COLORADO CORPORATION Name of Grantor: Corporation,Partnership or Association GrantorE{J "v: Prj Grantor TOR L R PRESIDENT By 'A Grantor Meat STATE OP COLORADO era, COUNTY OF WELD ) The foregoin instrument was acknowledged before me this 19th day of JULY,2002 RESIDENT, OF THE NAZARENUS I.ATERAL DITCH COMPANY,A COLORADO CORPORATION • ITNESS,'p}LLry}�}Taig aneoff I seal. a rY r is y tbmMetoo ig�fes: M 28,2005 ATE ageCA :o f sc 1221 8TH AVE, ELE 80631 OF QO fOr me was acknowledged before me this day of OF t‘l • BY ek\Tssziindividual ssO- (•tome )or if Grantor is Corporation.Partnership or Aasaunpn.Near identify signers Its president or vice president and mercury or assistant secrttary of corporation;or es partner(s)of partnership;on as authorized member(%)of association.) WITNESS my hand and official seal. Notary Public My commission expires: 0 1981 UPDATE LEGAL FORMS WCTC No.201-L 111111111111111111111111 III IIIII 1111111 III IIIII IIII IIII A-r-r H NfcNT 2970917 07/22/2002 11:13A Weld County, Co MA/tog �y 917 1 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto • RIGHT-OF-WAY AND EASEMENT AGREEMENT /t.4 mitt t-en ✓Z THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT("Agreement")is made this 19`" 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'/SSE'/,) and the Southeast Quarter of the Southeast Quarter (SE'/.SE'/.) 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". • • 11111111111IIIIII1Mai 1111 111 11111 IIII VIII 2970917 07/22/2002 11:13A Weld County, CO 2 at 7 R 35.00 D 0.00 J.A. "Suki"Taukanioto 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 to the lands described hereinabove. • FIRST PARTY: SECOND PARTY: NAZARENUS LATERAL DITCH COMPANY, a Colorado Corporation B ' � �,, Mark Lawley / �— :v�E;t,t • :D, Oj s.'4 •c ti • Sherry awley t %,�, ,STATE OF:COLORADO ) r 4 ) ss. a The foregoing instrument was acknowledged before me this lSAv—day of July,2002 by n- r .ys &,. &'J\ as of the Nazarenus Lateral Ditch, a Colorado`t;orporation and Mark Lawley and Sherry Lawley. MY HAND AND OFFICIAL SEAL. ,.4t> 1nexpires: 5 ( M:RV• NotaPubli� 7,1 F:\KFLVJAZAAENU5* tRight of Way 8 Etaement 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) NOR1H 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; • 11111111111111"UN 111111111111 MUM 1111 2970917 07/22/2002 11:13A Weld County, CO 3 of 7 R 35.00 0 0.00 J.A. "Sold" Tsukamoto I IIIIII IIIII IIIIIII Ii1 III Itttt HE III I��nttt IIE 2970911 4 of 7 R 35.00 D 0.00 J.A. "Sukr Tsukamolo 27 ) SOUTH 31 ° 07' 50" LAST, 348.27 FEET; . 28) SOUTH 42° 45' 00" EAST, 206.36 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 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAYS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND; AND THREE LATERAL IRRIGATION DITCHES FROMSAID 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. 1 : COMMECING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 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 OF 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 '"<-9.,AS legal description was prepared on July 18,2002 J ` •n13 Gerald B. McRae, Professional Engineer and (7_;�+'; Land Surveyor, Colorado Reg. No 6616 ' '.»"' 0 . 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 01° 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 FEET ; 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 e i b legal description was prepared on July 18,2002 ," '� Eit;�1 q �:I':1- Gerald B. McRae, Professional Engineer and ` �� do Re No 6616 : j,•.,,,D.+?5;+e Land Surveyor, Colorado Reg. laishalutAne I{{ill IIII{1111111 Illl 1111 lllll I IIIII I NI IIIII I I II IIII I��g17 071�0 D2 8.00 J.A. "Suldd Tsuka 5 of 7 R35. • EXHIBIT C . WMMI QgTT1A, 1011014, IOWMI. IYIM, NI11e 64 NEST OF 714 6.5 I.R.. Stu own, Tl%UTINN- . csrta maw GRIM: x-I'D ALRRIIIIN coSET NO WOOLED 69 L.5. 9644 01 7+x000. MASYEET COINe►LW THE Wl HALF OF THE SOYIME65T DOWER: x-1/2"ALLM- INN CAP SET Mt NIOEICW 61 L.S. NN CP 7-6-x000. © EAU WARMS 074.03 ?I/4'AUXINIM W SET NO PEIOIOCED BY L.S.x5SI5 COI Ix-YIOM. ® A*1101IINESM CCO NOT OF THE RYKRESTICED u2W THE 6-17 2OmT QUARTER: 5-I/1^ IS) COMER COt61N OF DIE DNOt1ST WARTEA: 5-I/4'ALLOWS...CAP SIT NO IEI- ERDCW IT 1.5. 7262 ON 6- TT-?OM. O µORINj4ENASST�O !OF 4E SOUTHEAST OU HEAST9 1E LW N04 2-14-491*. OUIMUL.T PMIITa: 7-In'M SET IT• SWill(IMTER Ctl5tP: x-I lx-MWINM CAP SO NO REIEROCEO II L.5. 9644 6N 7-6-1ON. ® 1LSPIIIME5( SET C*OF THE soil2W T VARIER OF ME ON lSE SST POSTER: 7-I/7"UMINA Q SOUTHEAST SECTION CONE*, 5-I/e ANIMISM CAP SET NON R6EREPCEO IT L.5. 7242 a 9-n-Im. /20' 50 ' C/L East Westi • 2'-Ld tint IDitch Section 1242 WAN dthe1"iie Deicrbed O MNww"ent6 Sat:Me.4 e9tMr t.../Cot LB 7241 UnkEa OOIwIdf O96crIMd 1111111111111111111 Inn III 1111111 III 11111 EH IIII 0 2970917 07/22/2002 11:13A Weld County, CO 6 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto 2 of 2 EXHIBIT C • NW Car,d theE Ya © E%+C.marSIM NOVO Ell 02S IC d n.. SE'N r NSVOTtrE mil IS WS G of —0 0 \ •o E I u I SI 8•a \ Y\ I C co O b VC3• ��I. \t -9: N = e • ?NI., f\� NE 41 SEA N OM { n a mum._-3 Es As ig W TQ n • 11 'n + O • a t b w X00 Q •rq 5 shy In I s ,' I m h MS 0 n I w p I ^' ._t- 2l o• llillei a _SI N -nom • vOL, I I R'n zn 10 I I L.+.r.1 _DIGS .Q Center Cer.d .a.l / NF CM.44'1'. —Me SE 0/4 _�ly_i___ t...._ —Ni\.2E SE Ip.f 1w.SE y1 ®42 t 3.iro331 a M \ A SE IA 3E yA - • iaScale I"_40O _ . D 10°1 1001 Sod 4001 N \ \ Ra n re )1 `C_ 5.1'51Sc'w \ \ 3133 Catered 0:1.6 m at CY.N �\' No 2 to tn Graw• 111.5511 Act m Ra.d RAW•L1O71 AO- NSSSOSVE a Met• Ni.3232 Act T. I Ldet.l EATS. ' N.3 11-1 a7 '10'N..•L•Iwne feet 30' I I TrM rwei l...•^y �.t'21'ot'w 127561' +N p•EIt1.G t Caret 6w C..of NE S- - - - - - — • 5EY. a 1A• wt.R72 ® S.Car sec.J M1,4 1 545- SE V, T114,ROW Mn 6J+:Iee E.Tt —. n TM.rwnr r MM MDT. IMAM.~ISM M — atj* flee r.'w•r MI 1'uE 'IC£L .MO Mawa.r- 1 1 '� Mr Ir w.a.n.AM re r snout w..wrt Me r nut t•M•lu•M imp arorM. n rwn a.ar.nm oar ttrwwt Aar treat MTV,AM.IOWA M NM MSC MIMI, MOW'TAM SIM IMP/Mat MMrnH1 MM'SRtl. //'SMt'Y Aar Acts Mina ow III der M row MR7 M____ow moo MA IAe.I'OM7MtC act r Mc UIMeSN.SSW MIMIC MC"AE % S CWT INC. /Alt/ OM AVE amts Caa aces SCALP/ • OWN.!S CR. +1")♦auto ilff3i<:;.Alit 11104 AG LAND SURYEY PLAT I DITCH EASEMENTS . 1 of 2 _ • "„ .''fi`; _ _E.fon CO. _ t _ _ —Wes 4. + Pi� QTN Al.A. O-7TT$GM /4i E P4T - rn A 1C-C, µ " O,►4,4 EA. L Tre r • February 9,2008 Don Dunker, P.E. 33504 WCR 53 Gill, CO 80624 Nazarenus Lateral Irrigation Company 35490 WCR 61 Gill, CO 80624 Ite: Lawky l states 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. Shear Engineering Corporation submitted the Drainage Report and Construction Drawings. 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. The Ditch Company should be aware that Lot 4 (83.84 acres north of this development) is not being developed at this time and is being left in its historical condition. Runoff from this area heads east towards the Nazarenus Lateral Irrigation Ditch 170' Exclusive Right-of-Way and Easement. A separate drainage design for Lot 4 will be required when this lot is desired to be developed in the future. (Drainage report page 1) Drainage Report Comments: The page just before Culverts Divider Sheet (page not numbered): The B2 stability output sheet was not included in the submitted drainage report. Please include one in the final submitted drainage report. Construction Drawing Comments: Sheet 1, under General Notes: Have this noted added- The developer shall provide material lists to include type, strength and composition for all fencing materials (wooden posts, steel tee posts, and barbed wire), cut-off wall concrete,flow fill materials, WE RCP 14"x 23"pipe, type M rip rap with bedding and geo fabric all of these shall meet or exceed these construction drawing requirements. Plat sheet 2 of 2—Add the same language from Sheet 1, General Notes#s 17 and 19 to this sheet under General Notes. Sheet 2—Have the 120' text for the Nazarenus Lateral Irrigation Ditch easement removed. Sheet 4—At station 8+41.56 end pond bottom - It appears the elevation call out is not per the • drainage report. .4 • Nazarenus Lateral Irrigation Company Page 2 Sheet 5 -Have the 120' text for the Nazarenus Lateral Irrigation Ditch easement removed. Sheet 5 —To clarify the fence detail replace the following to the steel T-post call out, steel T-posts shall be studded, 6.5 feet tall and per ASTMA702; 5 strands barbed wire callout, 5-strand barbed wire shall be 12 %gauge- 4 point—Class I—and per ASTMA121. Sheet 5—Have this note added to the end of note 1 under the fence detail, Fence shall remain in place for perpetuity. Sheet 5 - Have a Note 2 added to the notes under the fence detail,Attach each barbed wire to wooden posts with one 9 gauge barbed 1% inch staple minimum, attach barbed wire to T-posts with T-post clips one per wire minimum. Sheet 6—Have this note added to the 5-strand barbed wire fence along... call out, Construct fence before grading of PUD begins. Sheet 6—Clarify note 18 under the Grading and Erosion and Sediment Control Construction Plan • Notes, Pond volume shall be verified by a Colorado Registered Land Surveyor or Professional Engineer. A copy of the stamped and signed pond volume survey meeting the minimum design volume per Drainage Report Project No. 2270-01-07 shall be provided to the Nazarenus Lateral Irrigation Ditch Company. Sheet 6—Have the 120' text for the Nazarenus Lateral Irrigation Ditch easement removed. Sheet 7—The spot elevations 4848.72 around the pond Emergency Overflow Weir do not match the elevations on sheets 5 or 9 (they both specify elevation 4848.88). Sheet 7—Have spot elevations added to the weir wall portion of sections A-A, BI-B1, and B2-B2. Sheet 9—Have the following notes added to the 5-yr historic release plate detail, orifice plate thickness to be %" minimum hot dip galvanized. Clarify the text, four holes 9/16" diameter by adding the following: 4- 1%" diameter stainless steel anchors minimum with tamper proof nuts (typical). Please contact me to review the final construction plans for compliance of the required changes. I may be reached at(970) 371-0547. Sincerely, • Don Dunker, P.E. f • March 31, 2008 � SHEAR Project No. 2270-01-07 ENGINEERING CORPORATION Weld County Public Works Department 1111 —H Street P.O. Box 758 Greeley, Colorado 80632 Attn: Rich Hastings; Engineer Tech 1 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Hastings, This is in response to Weld County Public Works most recent review comments noted in a memorandum from Brian K. Varrella, P.E. to Brad Mueller dated January 22, 2008. Final Plan Requirements: Irrigation Ditches: 1. 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 final agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. R. An agreement has not yet been reached as previously discussed. An appendix placeholder has been added to the Final Drainage, Erosion/Sediment Control and Water Quality Report. If an agreement is reached, executed and provided to us, it will be provided for inserting into the appendix immediately. R All Nazarenus Ditch Company requirements have been addressed in relation to the drainage report and the construction plans. Improvements Agreements: 1. 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. Prior to future paving, the applicant shall enter into an agreement with the County to proportionally share in dust stabilization operations on WCR 55 and WCR 72. R. As discussed in our meeting at Weld County Public Works on 03/21/08 the applicant has agreed to pay a proportionate share of WCR 55 improvements. Based on discussions in that meeting, Public Works would support alternatives to the previously proposed proportionate share mentioned in comments #2 and 3#. The applicant has entered into an agreement for WCR 72 improvements and will also request submittal of a non-refundable cash deposit for • WCR 55 improvements from the Board of County Commissioners. 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com • 4 PAGE 2 March 31, 2008 Project No. 2270-01-07 • RE: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 2. WCR 55 is presently on Weld County's 2006 dust management program. The Applicant noted that previous traffic count data was outdated, and hired Matthew J. Delich (Colorado P.E. #15263) to take three traffic counts on WCR 55 between WCR 74 and SH 392 in July 2007. The following traffic information, as documented from the Delich study, supersedes previous traffic counts on WCR 55 as follows: a. WCR 74 to WCR 72—328 ADT b. WCR 72 to WCR 70—472 ADT c. WCR 70 to SH 392— 629 ADT R. Acknowledged. 3. The average of the three counts is 476 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 38/514 = 7.4%. The cost to pave WCR 55 in 2007 figures is approximately$550,000 per mile. The proportional cost sharing for Lawley Estates would then be $122,000, as calculated at Public Works on October 16, 2007. The applicant is requested to amend their proposed agreement to meet the Board of County Commissioners zone change resolution using these proportions and costs. R. Acknowledged. IDDrainage Comments: • Public Works received a Final Drainage, Erosion Control, and Water Quality Report for Lawley Estates PUD (PF-1043) on January 3, 2008. The report was submitted by Brian W. Shear, P.E. #20262, of Shear Engineering Corporation, and is dated December 2007. This report will herein be referred to as the Final Drainage Report. R. Acknowledged. Please reference revised drainage report dated March 2008 included with this letter. • The Final Drainage Report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. However, the drawings included in the map pocket were not stamped or signed. 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. All construction drawings included in the final plan set must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. R. Final Drawings included in the map pocket have been signed and stamped. • Shear Engineering has prepared a good drainage report that is well documented and supported with engineering calculations. Public Works appreciates the clear level of effort that was placed in the report, and the progress made since the June 7, 2007 submittal. • R. Thank you. 4 PAGE 3 March 31, 2008 Project No. 2270-01-07 RE: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 1. Public Works requires 3 sets of the construction drawings and 2 copies of the Final Drainage Report. R. Acknowledged. These will be provided immediately upon your directive after review of the single copy of each document provided with this response. 2. Please address all redline comments in the Final Drainage Report and in the construction drawings. R. All redlines comments have been addressed. The redlined Drainage Report is being returned with this response. 3. Please note, per the review memorandum dated June 7, 2007, the applicant has proposed the construction of a pipe under WCR 55 and is required to submit an offsite improvements agreement to Weld County. Appropriate right-of-way permits must be approved prior to construction in the County ROW. R. The estimate of cost for this improvement was included with the original "engineer's opinion of cost". Can this item be incorporated with the subdivision agreement? That would be our preference. If not, this item will be removed from the subdivision"engineer's opinion of cost". R It is understood that appropriate right-of-way permits must be approved prior to construction in the County ROW. General Note 14 on the Cover Sheet of the Construction Plans states: 14. The contractor shall obtain an access or utility permit from the Weld County Engineering Department before undertaking any construction work in the existing county right-of way. Contact Weld County at (970) 356-4000. 4. Per the review memorandum dated June 7, 2007, if Lot 4 stormwater runoff is proposed to be released un-detained, the Weld County Board of County Commissioners must approve a variance from current County Code 24-7-130 and Ordinance 2006-7. a. Per the review memorandum dated June 7, 2007, if a variance is requested and approved by the BOCC, the approved detention pond size and release rate for the proposed 29.7 acre subdivision shall be calculated from the 29.7 acres only. Future development on the 83.8 acre Lot 4 will require a separate detention facility. As noted in prior comments, the current detention pond and outlet structure for the 29.7 acre subdivision will be too small for future expansion on Lot 4. Future development of Lot 4 will require additional detention facilities on Lot 4. R. Based on our agreement made in a meeting with Public Works staff on Friday, March 21, 2008, the follow note was provided on the Master Drainage Plan prepared by Shear Engineering Corporation and on the Final Plat prepared by Coffey Engineering: Note: Any future replat of Lot 4 will require a separate Final Drainage, Erosion/Sediment Control and Water Quality plan and report that will require review and approval by • Weld County Public Works and the Nazarenus Lateral Irrigation Company. PAGE 4 March 31, 2008 Project No. 2270-01-07 • RE: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 5. Per the review memorandum dated June 7, 2007, please include a revegetation plan utilizing approved seed mixes published in the WCSDC Addendum. This plan is included in the erosion control Sheet 6 of 9, but is not discussed in the Final Drainage Report, as previously requested. R. A note has been added to Page 10 of the Final Drainage, Erosion/Sediment Control and Water Quality Report, Erosion Control Section. 6. As stated in the review memorandum dated June 7, 2007, the design of proposed swale D4 is not erosionally stable and will result in repairs at the expense of the Homeowners' Association. Please refer to Table MD-2 in the USDCM(UD&FCD 2001), particularly in Major Drainage, Chapter 7, Sections 1.5.3, and 3.2.3,for possible solutions, and adjust the Swale D4 design as requested from the June 7, 2007 review memorandum. R. Swale D4 is now stable per Table MD-2 in the USDCM. Please see revised calculations in the report. 7. Please correct driveway culvert riprap sizing calculations for the proposed circular pipes. The December 2007 Final Drainage Report analysis utilizes methodology for rectangular pipes. R. Riprap sizing calculations for driveways with multiple conduits were performed per • Volume 1 of the USDCM, Section 7.4 which states "The procedures outlined in Sections 7.1, 7.2, and 7.3 can be used to design outlet erosion protection for multi-barrel culvert installations by hypothetically replacing the multiple barrels with a single hydraulically equivalent rectangular conduit." Supporting calculations are now included that were used to calculate the equivalent conduit dimensions. 8. The headwater-to-depth (HW/D) ratio shall not exceed 1.50 in the 100-year storm event, per the Weld County Storm Drainage Criteria (WCSDC) Addendum, Page 37. Current design calculations show the HW/D ratio to be 1.93 for the 100 year storm. It may be necessary to increase the size of the culverts to maintain appropriate HW/D ratios. R. Acknowledged. Culverts have been added and/or resized to meet the required HW/D ratios of 1.50 in the 100-year storm event and 1.00 in the 10-year storm event. Recommendations Please provide corrected construction plans and text prior to recording the Final Plat. R. Acknowledged. • PAGE 5 March 31, 2008 • Project No. 2270-01-07 RE: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates P.U.D. most recent review. We have made final revisions and provided a written response to all comments. We have also made plan revisions according to the comments from the Nazarenus Lateral Irrigation Company noted in a letter dated February 9, 2008. We are also providing our response to comments for the Nazarenus Lateral Irrigation Company. We have provided you with one (1) copy of everything for a final review as directed in our Friday, March 21, 2008 meeting. Our goal is to secure approval signatures on our Sitework Construction Plan mylars in April. If you have any further issues, our preference is to work those out directly with you without another formal review process. Thank you for your consideration. Sincerely, Reviewed Brent Balik Brian . Shear, P.E. • Shear Engineering Corporation Shear Engineering Corporation BWS/bb attachments cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning David Bauer, P.E., CFM; Weld County Public Works Donald Carroll, Engineering Administrator; Weld County Public Works Don Dunker, P.E. Nazarenus Lateral Irrigation Company Alan Overton;North Weld County Water District Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC • Weld County Planning Department LETTER OF TRANSMITTAL GREELEY OFFICE APR 0 2 ?nn8 00: Mark and Shelly Lawley Date: 03/31/2008 26658 Weld County Road 74 S ATI NN CORPORATION Eaton, Colorado 80615 RECEIVE "HoePEP0RATI0N Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado WE ARE SENDING YOU: ❑ Shop Drawings El Prints El Plans ❑ Samples O Specifications ❑ Copy of Letter O Change order El Other ❑AutoCAD drawing Files COPIES DATE NO. DESCRIPTION 1 - 12 Construction Plans 1 March 08 - Final Drainage,Erosion Control and Water Quality Report 1 - 3 Response to comments from Nazarenus Lateral Irrigation Company 1 - 5 Response to comments from Weld County Public Works 1 - 12 Construction Plans redlines 1 Dec 07 - Final Drainage,Erosion Control and Water Quality Report redlines Courtesy Copies of Submittal Transmittals * THESE ARE TRANSMITTED as checked below: • O For Approval O Approved as Submitted O Resubmit Copies for Approval El To be Submitted O Approved as Noted O Submit Copies for Distribution El As Requested O Returned for Corrections O Return Corrected Prints ❑ For Review and Comment ❑ For Bids Due ,2008 O REMARKS: Mark and Sherry, Please reference the descriptions above for the items attached. If you have any questions or require additional information please let me know. Thank you, 04(ito,SIGNED Gedorfer, P.E. cc: Brad Mueller; Weld County Planning Don Dunker, P.E.;Nazarenus Lateral Ditch Company Alan Overton; North Weld County Water District • Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC David Bauer, P.E., CFM; Weld County Public Works * Donald Carroll, Engineering Administrator; Weld County Public Works * Rich Hastings; Weld County Public Works Department * 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax(970) 282-0311 www.shearengineering.com March 26, 2008 A • Project No. 2270-01-07 SHEAR ENGINEERING CORPORATION Don Dunker, P.E. 33504 WCR 53 Gill, Colorado 80624 Nazarenus Lateral Irrigation Company 35490 WCR 61 Gill, Colorado 80624 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Dunker, This is in response to Nazarenus Lateral Irrigation Company's most recent review comments noted in a memorandum from you to the Nazarenus Lateral Irrigation Company Board Members dated February 9, 2008. Drainage Report Comments: 1. The page just before Culverts Divider Sheet (page not numbered): The B2 stability output • sheet was not included in the submitted drainage report. Please include one in the final submitted drainage report. R. Stability calculations for section B2 are now included in the report. Construction Drawing Comments: 1. Sheet 1, under General Notes: Have this noted added — The developer shall provide material lists to include type, strength and composition for all fencing materials (wooden posts, steel tee posts, and barbed wire), cut-off wall concrete,flow fill materials, WE RCP 14" x 23" pipe, type M rip rap with bedding and geo fabric. All of these shall meet or exceed these construction drawing requirements. R This note has been added as General Note No. 24 on sheet 1. 2. Plat sheets 2 of 2 —Add the same language from Sheet 1, General Notes #5 17 and 19 to this sheet under General Notes. R. The following notes have been added to the Plat sheet 2 of 2. GG. Weld County will not be responsible for the maintenance of drainage related areas. Maintenance of drainage related areas shall be the responsibility of the home owners association (HOA). The Developer is responsible for the construction of the detention pond and all pipes, not including private lot driveways. • HH. Erosion control device maintenance will remain the responsibility of the developer until all improvements are completed. 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax(970) 282-0311 www.shearengineering.com • Page 2 March 26, 2008 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 3. Sheet 2—Have the 120'text for the Nazarenus Lateral Irrigation ditch easement removed. R Text has been removed. 4. Sheet 4—At station 8+41.56 end pond bottom —It appears the elevation call out is not per the drainage report. R. The plans have been revised and clarified to match the drainage report. See the revised Storm Plan and Profile sheet and Details — Drainage, Erosion Control, & Water Quality sheet. Note that the "pond bottom" elevation of 4840.27 was not used in the drainage calculations as it is not the true bottom of the pond which is at 4840.20. Please refer to the "Detention Pond Outlet Structure and Water Quality Detail on the detail sheet. The reference to "pond bottom" at station 8+41.56 has been removed. 5. Sheet 5—Have the 120' text for the Nazarenus Lateral Irrigation ditch easement removed. R. Text has been removed. 6. Sheet 5 — To clarify the fence detail replace the following to the steel T-post call out, steel T-posts shall be studded, 6.5 feet tall and per ASTM A702; 5 strands barbed wire callout, 5-strand barbed wire shall be 12 % gauge- 4 point— Class I—and per ASTMA121. R. These notes have been added to the fence detail. • 7. Sheet 5 — Have this note added to the end of note 1 under the fence detail, Fence shall remain in place for perpetuity. R Note has been added to the end of note 1 under the fence detail. 8. Sheet 5—Have a Note 2 added to the notes under the fence detail, Attach each barbed wire to wooden posts with one 9 gauge barbed 1 % inch staple minimum, attach barbed wire to T-posts with T-post clips one per wire minimum. R Note 2 has been added under the fence detail. 9. Sheet 6 — Have this note added to the 5-strand barbed wire fence along...call out, Construct fence before grading of PUD begins. R This note was added to sheet 6 where the 5-strand barbed wire fence was called out. 10. Sheet 6 — Clarify note 18 under the Grading and Erosion and Sediment Control Construction Plan Notes, Pond volume shall be verified by a Colorado Registered Land Surveyor or Professional Engineer. A Copy of the stamped and signed pond volume survey meeting the minimum design volume per Drainage Report Project No. 2270-01-07 shall be provided to the Nazarenus Lateral Irrigation Ditch Company. R Note 18 has been revised as requested and is now located under "Supplemental Nazarenus Ditch Co. Notes" as note#1. • • Page 3 March 26, 2008 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 11. Sheet 6—Have the 120'text for the Nazarenus Lateral Irrigation Ditch easement removed. R Text has been removed. 12. Sheet 7 — The spot elevations 4848.72 around the pond Emergency Overflow Weir do not match the elevations on sheets 5 or 9 (they both specify elevation 4848.88). R Spot elevations have been revised to match in all places. 13. Sheet 7— Have spot elevations added to the weir wall portion of sections A-A, BI-B1, and B2-B2. R Spot elevations have been added to the sections. 14. Sheet 9 — Have the following notes added to the 5-yr historic release plate detail, orifice plate thickness to be %" minimum hot dip galvanized. Clarify the text, four holes 9/16" diameter by adding the following: 4- 1/2" diameter stainless steel anchors minimum with tamper proof nuts (typical). R. Requested additions have been added to the orifice plate detail. We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates P.U.D. most recent review. As you know, we met with Weld County Public Works staff on Friday, March 21, 2008. We have made final revisions and provided a • written response to their comments. We have provided them with one (1) copy of everything as requested for a final review. Our goal is to secure approval signatures on our Sitework Construction Plan mylars in April. If you have any further issues, our preference is to work those out directly through you without another formal review process. Thank you for your consideration. Sincerely, Reviewed , • • Brent Batik Bri.. . Shear, . Shear Engineering Corporation Shear Engineering Corporation BWS /bb attachments cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning Alan Overton;North Weld County Water District Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC • David Bauer, P.E., CFM; Weld County Public Works Rich Hastings, Engineering Tech 1; Weld County Public Works Donald Carroll, Engineering Administrator; Weld County Public Works Page 1 of 2 Brad Mueller • From: Mark Lawley [mlawleyl @msn.com] Sent: Wednesday, March 12, 2008 5:26 PM To: Brad Mueller Subject: RE: Fax? Hi Brad, our attorney sent us the letter. It appears the ditch company has added other requirements contingent to a formal agreement with us. The Board of County Commissioners asked that we enter into an agreement with the ditch company concerning: The applicant shall submit evidence of a ditch agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. The plat shows the fence we are going to put up, the ditch company 4111 engineer (Don Dunker) has reviewed the drainage plans and we have made changes accordingly. I have no concerns with the ditch company maintaining the easement, and the owner of lot 4 will retain the same right as surface owners as outlined in the purchase agreement. (This allows them to maintain the easement as they have before the application was made for the subdivision). As far as access that has not changed and the subdivision has no impact on their access. (They can access on the easement as they did before application was made for the subdivision). As you know we have made extraordinary efforts in an attempt to work with the ditch company and obtain an agreement. We have met the requirements the Board of County Commissioners were concerned about. At this point we have no intentions of prolonging these further or meeting further demands! Condition 1 .A. sentence two indicates: If an agreement is not reached, the Board of County w Commissioners shall review the Final Plat for acceptance. I will be 03/13/2008 Page 2 of 2 forwarding you a request to have the Board of County • Commissioners hear this matter. I would appreciate hearing your recommendation on this. Best regards, Mcwk'A. La-wley Mlawleyl@msn.com Subject: Fax? Date: Mon, 10 Mar 2008 16:10:52 -0600 From: bmueller@co.weld.co.us To: mlawleyl@msn.com; sherrylawleyll@msn.com Mark&Sherry, I apologize if you've previously given this to me, but do you have a fax number? I have a letter to forward to you from the ditch company. Thanks, Brad • • 03/13/2008 MELVIN DINNER, P.C. ATTORNEY AND COUNSELOR AT LAW 822 7TH STREET, SUITE 340 GREELEY, CO 80631 (91o) 352-2081 Weld County Planning Department GREELEY OF: FAX (970) 35.)-9172 E-mail: meld{nner@earthlink.net }4A❑ 04 RECEIVu) February 29, 2008 Weld County Planning Department 918-10`h Street Greeley, CO 80631 Attention: Brad Mueller, Planner Re: Case No. OF-1043 Applicant: Sherry Lawley Construction plans for Lawley Estates PUD Lot B of Recorded Exemption No. 0801-4- 4RE-3581 located in the SE/4 of Section 4, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado • Dear Mr. Mueller: As you are well aware from my prior correspondence and contacts with you, I represent the Nazarenus Lateral Ditch Company, with address c/o Curtis Foss, Secretary, 35490 WCR 61, Gill, CO 80624. As you will note from examination and review of your records, I have heretofore submitted correspondence to you relative to this matter dated August 29, 2006, together with copy of a report dated August 22, 2006 prepared by Don Dunker, P.E., Engineer retained by the Board of Directors of the Nazarenus Lateral Ditch Company. Mr. Dunker has offices located at 33504 WCR 53, Gill, CO 80624. The information provided in August of 2006 was with reference to matters dealing with the drainage report and construction drawings for the Lawley Estates PUI) and its potential impact on the Nazarenus Lateral Ditch and the right of way system. Mr. Foss, the Secretary for the Nazarenus Lateral Ditch Company, has recently made available to me a set of nine sheets pertaining to the construction plans for Lawley Estates PUD prepared by Shear Engineering Corporation with offices located at 4836 S. College Avenue, Suite 12, Fort Collins, CO 80525 on behalf of Mark and Sherry Lawley, which documents indicate that a similar copy of this material was received by the Weld County Public Works Department on January 3, 2008. It is my understanding that a similar copy of this engineering project and the construction plans for Lawley Estates PUD were similarly provided to Mr. Dunker. • February 29, 2008 Page 2 It is also my understanding that you have requested comments from the Board of Directors and Shareholders of the Nazarenus Lateral Ditch Company pertaining to the set of documents prepared and/or submitted by Shear Engineering Corporation to the Weld County Public Works Department on January 3, 2008. Based upon the latest documentation submitted by Shear Engineering Corporation and a review of this material by Don Dunker, P.E., as well as the Board of Directors and Shareholders of the Nazarenus Lateral Ditch Company, I am submitting herewith on their behalf the following: 1. Copy of letter report dated February 9, 2008 submitted by Don Dunker, P.E. to the Nazarenus Lateral Ditch Company in connection with matters required prior to any approval of the construction plans for Lawley Estates PUD. At the annual meeting of the Shareholders of the Nazarenus Lateral Ditch Company held on February 16, 2008 the Shareholders and Board of Directors have indicated the following items • would be required for approval to be provided to the Lawley Estates PUD plans. 2. All of the items in the letter as outlined by Don Dunker, P.E. in his letter of February 9, 2008 should be required and shown on the engineering plans and all of which must be performed as part of the approval project. 3. Sheet 1/2 of the documents for the Lawley Estates PUD PF-1043 prepared by Coffey Engineering & Surveying, LLC describes a portion of Lot 4 which is the Nazarenus Lateral Ditch and the roads within the easement area utilized for the ditch company; this easement area is solely for the use of the ditch company and not for use by other individuals or other entities. 4. As you will note from information and documentation which has heretofore been presented to you, there is to be a suitable, proper and adequate fence approved by the ditch company to be constructed at the sole cost of Sherry Lawley and/or Mark and Sherry Lawley on the west side of the right of way of that portion of Lot 4 as shown on this Sheet 1/2. The remaining portion of Lot 4 which lies to the north of the right of way and ditch location is currently undeveloped and is not a part or portion of the present development project of Lawley Estates PUD PF-1043. It is my understanding that neither Mr. or Mrs. Lawley have any ownership of what is described as Lot A of Recorded Exemption No. 0801-4-4 RE3581 and this is not shown as part of this project on Sheet 1/2. It is also my understanding that there is a fence or a fence to be • constructed along the north border of this Lot A as well as along the east side of the right of way of Lot 4 as shown on Sheet 1/2 of the document submitted. • February 29, 2008 Page 3 I enclose for your benefit the following: (a) Copy of Warranty Deed dated July 19, 2002, recorded July 22, 2002 at Reception No. 2970916 of the Weld County records executed by the Nazarenus Lateral Ditch Company, a Colorado corporation, as grantor, to Sherry Lawley, as grantee, covering the following described property located in Weld County, Colorado: N/2SE/4 and SE/4SE/4 of Section 4, Township 6 North, Range 64 West of the 6`h P.M., Weld County, Colorado (b) Copy of Right of Way and Easement Agreement dated July 19, 2002, recorded July 22, 2002 at Reception No. 2970917 of the Weld County records between the Nazarenus Lateral Ditch Company, a Colorado corporation, as First Party, and Mark Lawley and • Sherry Lawley, as Second Party. 5. It will be the obligation and responsibility of the ditch company to provide the maintenance services as required within the right of way and easement area. 6. Outlot B. As you will note from examination and review of the plans, Outlot B as indicated on the plans containing 26,943 square feet or a total of 0.85 acres is the location for a planned detention pond to be constructed by the Developers. In connection with the construction work to occur and the long-term maintenance problems that could impact the right of way and the Nazarenus Ditch the Board of Directors and Shareholders of the Ditch Company believe that a proper solution in order to keep the Lawley project moving forward would be to have the developers obtain and provide a performance bond to the Ditch Company in an amount of not less than $20,000.00 for and on behalf of the Ditch Company, together with a letter of agreement. In event the plans are not followed and any damage occurs either during construction or for a period of at least three years after construction, that the performance bond would be capable of thus providing directions for payment for damages that would occur to the ditch, the right of way and to the shareholders who use the ditch, such as crop losses, etc. 7. Crossing of the Right of Way. The Nazarenus Ditch or Lateral has a culvert which goes underneath Weld County Road 72. As you are well aware, Weld County Road 72 is a public right of way 60 feet in width. Based upon the engineering plans as provided, it appears that if there is overflow drainage from what is described as the Outlot B Retention Pond, the overflow drainage would go subsurface underneath the Nazarenus Ditch and right of way in an • easterly direction, eventually going into a barrow pit located east of the right of way and Nazarenus Ditch or Lateral. The ditch company is requesting the payment of a sum of not less February 29, 2008 Page 4 than $2,500.00 in order to provide for the capability of providing for professional services to oversee the construction matters dealing with this crossing. The plans pertaining to the crossing to be made within Weld County Road 72 under the right of way and ditch lateral need to provide that proper and adequate notice is provided to the Nazarenus Lateral Ditch Company in advance so that representatives and professional personnel on behalf of the ditch company can be present and available where the pipe for the overflow is to be constructed beneath the Nazarenus Ditch or Lateral and right of way underneath the culvert providing irrigation water for the ditch company and through the right of way. The plan should also provide that approval for the crossing by the developer or any other entity underneath the ditch is limited to this one crossing and that no others in the County right of way be allowed. There is no provision as of the present time to the best knowledge of the Ditch Company for any allowance or approval of any other crossing of the ditch either above the surface or below the surface of the ditch and right of way. 8. Portions of undeveloped Lot 4 lying to the north of the Lawley development project. • Portions of Lot 4 of the Lawley Estates PUD project lie north of the developer's project on both sides of the Nazarenus Ditch or Lateral. The Nazarenus Ditch or Lateral at this location, as well as the area south of this location, is presently a concrete structure. Mr. and Mrs. Lawley intend to pasture livestock in this area. Some years prior the Nazarenus Lateral Ditch Company constructed a surface bridge across the ditch in order to have access from west to east and east to west across the ditch area in that portion of Lot 4 of the Lawley Estates PUD which is not presently being developed. Lawley Estates PUD and this Lot 4 actually owns portions of Lot 4 on both sides of the Nazarenus Lateral Ditch in this area. Livestock being pastured on the Lawley property could apparently utilize this bridge to go from one side to the other. It would also appear that at the north end of that portion of Lot 4 which is adjacent to what would be Lot 2 and Lot 3 that access is potentially available to livestock and other sources; accordingly it would appear under the circumstances that the plans for the Lawley Estates PUD needs to provide for providing liability insurance coverage in adequate and proper amounts on behalf of the Nazarenus Lateral Ditch Company with the premiums to be paid by the developers or some type of homeowner's association which will be kept in full force and effect with proof of payment of the premiums. 9. The Lawley Estates PUD provisions should clearly provide that the Nazarenus Lateral Ditch Company shall not be responsible or liable for any losses that occur to livestock or from other damages or losses incurred from their usage of Lot 4. • 10. That Sherry Lawley or any successors in interest shall install, at her or successors in interest sole expense and cost, any and all fences and gates requested by the ditch company and at reasonable and mutually agreed upon locations. That the Developer or her successors in • February 29, 2008 Page 5 interest shall take all necessary measures to timely, adequately and properly maintain proper drainage to prevent erosion of the surface of such easement premises. I suggest that after you have had an opportunity to review these matters that you contact me, as well as Don Dunker, the Engineer who is currently representing the ditch company, in connection with these matters. As you will note, I am also submitting a copy of this correspondence to Mr. Dunker, to the Nazarenus Lateral Ditch Company and to G. Brent Coan, of the law firm of Otis, Coan and Stewart, LLC, who has heretofore been representing Mrs. Lawley. I look forward to receiving your comments or any and all other information or documentation pertaining to this matter. Very truly yours, • MELVIN DINNER MD/as enclosures cc: Nazarenus Lateral Ditch Company Don Dunker G. Brent Coan 3/i3 - SfW ntstmin Page 1 of 1 Brad Mueller • From: Brad Mueller Sent: Wednesday, February 06, 2008 8:33 AM To: Mark Lawley; Sherry Lawley Cc: Brad Mueller; Brian Varrella Subject: Lawley final plat questions Mark, I'm glad we were able to sit down and discuss some of your questions about the review comments for the Lawley Estates Final Plat last night. I hope we were able to clarify most things. I wanted to get back to you on two items, as we discussed: 1) Requirement that mineral rights be dedicated to the HOA. I have a question out to the Attorney's office to see if they know what the legal basis would be for this condition of approval. To be quite honest, I am not able to find any such requirement in the Code. Your question is a legitimate one, and I hope to have an answer for you soon. It is possible that there are other statutes that I'm not aware of. However, if we don't find some justification, we will support you in your request to the Board to have this condition removed. 2) Requirement for off-site fair-share contributions for road improvements. As I mentioned yesterday, the Code requires this as detailed in Sections 22-3-140.D.3 and 24-3-60.P.7. Once we receive your request that the condition of approval be waived or modified, we will schedule that with the Board for their determination. Please understand, however, that they will be required to base their decision on their • interpretation of these Sections, which historically has been based on the methodology which Public Works used in their original analysis. Thank you. Please don't hesitate to contact me with any questions or concerns. Brad Mueller Weld County Planning Services 970-353-6100 x3572 • 02/06/2008 Page 1 of 1 Brad Mueller IDFrom: Brad Mueller Sent: Wednesday, February 06, 2008 8:23 AM To: Brian Varrella; David Bauer; Don Dunker Cc: Brad Mueller Subject: Road fair-share exactions Brian, I wanted to bring you up to speed on a question that has come up relative to the Lawley Final Plat, but since it really relates more broadly to other cases that we process, I'm copying Dave and Don too. As you know, the Lawleys are planning to"agree to disagree"with the County on the paving requirement for CR 55 in conjunction with their subdivision. They obviously have the right to do this, and they are preparing a letter to the Board to explain their position. It's not a personal issue for them; they simply disagree that they should be required to do the paving, or at least to the degree we have calculated. We'll obviously defend our position to the Board, however. The understandable question has come up, however—"where in the Code does it say we have to do this?" I have only found Sections 22-3-140.D.3 and 24-3-60.P.7 to support our position. If you know of others— particularly if they are more specific to the point— please let me know of them. I do think that these two sections of the Code adequately provide us the justification we need to continue to assert our position. However, I also think that there is probably room for improvement for the future. The regs could be clearer on this issue. Dave, I'd suggest that we put this on a list of things to work on as part of the Comp Plan . update and as part of future Code changes, because this question is going to come up again and again over the years. This ties into the whole issue of the legal basis for exactions, adopted transportation plans, etc. Let me know your thoughts. Meanwhile, Brian, we will probably see the Lawley's letter soon, and I'll let you know how and when that gets ramped up for the Board. Thanks, Brad • 02/06/2008 Page 1 of 2 Brad Mueller • From: Brad Mueller Sent: Wednesday, January 23, 2008 3:01 PM To: Brian Varrella Cc: Brad Mueller Subject: Last question -- Lawley Estates PUD (PF-1043), 01-2008 Brian — I'm sorry to have these questions for you in piecemeal fashion . . . Just a couple more: Is Public Works OK with the revised plat? There are changes in some easements sizes, some added notes, etc. And, just to make sure we're all on the same page—the way the plat is constructed right now, Weld County is accepting the ownership of Lawley Lane and the additional 30' ROW along CR 55 and CR 72, but the HOA is responsible for maintenance of them. (To be specific—the Certificate of Dedication says the owners "dedicate to the public . . . all public rights-of-way", and the drawing identifies Lawley Land and the county roads as"public ROW", and Note#2 says the HOA is responsible for the maintenance of streets.) Now— maybe we don't really mean that the HOA is responsible for maintenance of the CR ROW. If so, we may want them to revise Note#2 to say". . . maintenance of . . . streets (other than CR 55 and 72), private utilities, . . Thanks, Brad • ----___ ----- __� --_----__----------- _ __------._.._.._ From: Brian Varrella Sent: Wednesday, January 23, 2008 10:28 AM To: Brad Mueller Subject: RE: Comments for Lawley Estates PUD (PF-1043), 01-2008 Brad. For Improvements Agreements #3, the 514 is the sum of the background traffic (476) and the new traffic generated (38), such that the math is 476 + 38 = 514. The proportional share is their contribution divided by the total traffic, which is 38 / 514 = 7.4%, or if we were to expand it, the proportional share is 38 /(38+476) = 7.4%. Hopefully this makes more sense. The new Exhibit A looks good to me. Brian ******************************** Brian K. Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970-304-6496 fax: 970-304-6497 barrel/a etco.weld.co.us 01/24/2008 Page 2 of 2 From: Brad Mueller Sent: Wednesday, January 23, 2008 10:17 AM • To: Brian Varrella Subject: RE: Comments for Lawley Estates PUD (PF-1043), 01-2008 Brian, Just a couple follow up questions as I wrap up my review comments: • In your memo, under Improvements Agreements/#3, you indicate a proportion of 38/ 514. Where does the 514 come from? • Did you review the Exhibit A for the On-Site Improvements? The re-submittal was missing an I.A. contract for the on-site improvements, but a draft Exhibit A was included, and I just wanted to verify whether the amounts were acceptable or not. Thanks. I'll get you a copy of my review comments as soon as I'm done with them. Thanks for the help. Brad From: Brian Varrella Sent: Tuesday, January 22, 2008 4:26 PM To: Brad Mueller; bbalik@shearengineering.com Subject: Comments for Lawley Estates PUD (PF-1043), 01-2008 Brad, Please see the attached PDF of comments for Lawley Estates PUD. I am sending the original memo to • you through the mail, with a copy for the Applicants. Please call me if you have questions. Otherwise, have a good week. Thanks, Brian s******s*****s**********suss*** Brian K. Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970-304-6496 fax: 970-304-6497 bvarrella(Wco.weld.co.us • 01/24/2008 0,11;r7.- MEMORANDUM ' TO: Brad Mueller, Planning Services DATE: 22-January-2008 �• FROM: Brian K. Varrella, P.E., CFM, Public Works Dept. COLORADO SUBJECT: PF-1043 Lawley Estates PUD (Final Plan), Drainage Review#3 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. Final Plan Requirements Irrigation Ditches: 1. 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 final agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. Improvements Agreements: 1. 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. Prior to future paving, the applicant shall enter into an agreement with the County to proportionally share in dust stabilization operations on WCR 55 and WCR 72. 2. WCR 55 is presently on Weld County's 2006 dust management program. The Applicant noted that previous traffic count data was outdated, and hired Matthew J. Delich (Colorado P.E. #15263) to take three traffic counts on WCR 55 between WCR 74 and SH 392 in July 2007. The following traffic information, as documented from the Delich study, supersedes previous traffic counts on WCR 55 as follows: a. WCR 74 to WCR 72 — 328 ADT b. WCR 72 to WCR 70 —472 ADT c. WCR 70 to SH 392—629 ADT 3. The average of the three counts is 476 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/ 514 = 7.4%. The cost to pave WCR 55 in 2007 figures is approximately $550,000 per mile. The proportional cost sharing for Lawley Estates would then be $122,000, as calculated at Public Works on October 16, 2007. The applicant is requested to amend their proposed agreement to meet the Board of County Commissioners zone change resolution using these proportions and costs. Drainage Comments: • Public Works received a Final Drainage, Erosion Control, and Water Quality Report for Lawley Estates PUD (PF-1043) on January 3, 2008. The report was submitted by Brian W. Shear, P.E. #20262, of Shear Engineering Corporation, and is dated December 2007. This report will herein be referred to as the Final Drainage Report. • The Final Drainage Report is stamped, signed, and dated by a registered P.E. licensed to practice • in the state of Colorado. However, the drawings included in the map pocket were not stamped or signed. All construction plan sheets included as attachments to the Final Drainage Report must Page I of 2 22 January 2008 M:\PLANNING—DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)\PF-1 W3 Lawley Estates PUD\Lawley Estmes Review 01-22-0B.DOC • be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of • Colorado. All construction drawings included in the final plan set must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. • Shear Engineering has prepared a good drainage report that is well documented and supported with engineering calculations. Public Works appreciates the clear level of effort that was placed in the report, and the progress made since the June 7, 2007 submittal. 1. Public Works requires 3 sets of the construction drawings and 2 copies of the Final Drainage Report. 2. Please address all redline comments in the Final Drainage Report and in the construction drawings. 3. Please note, Per the review memorandum dated June 7, 2007, the applicant has proposed the construction of a pipe under WCR 55 and is required to submit an offsite improvements agreement to Weld County. Appropriate right-of-way permits must be approved prior to construction in the County ROW. 4. Per the review memorandum dated June 7, 2007, if Lot 4 stormwater runoff is proposed to be released un-detained, the Weld County Board of County Commissioners must approve a variance from current County Code 24-7-130 and Ordinance 2006-7. a. Per the review memorandum dated June 7, 2007, if a variance is requested and approved by the BOCC, the approved detention pond size and release rate for the proposed 29.7 acre subdivision shall be calculated from the 29.7 acres only. Future development on the 83.8 acre Lot 4 will require a separate detention facility. As noted in prior comments, the current detention pond and outlet structure for the 29.7 acre subdivision will be too small for future expansion on Lot 4. Future development of Lot 4 will require additional detention facilities on Lot 4. 5. Per the review memorandum dated June 7, 2007, please include a revegetation plan utilizing approved seed mixes published in the WCSDC Addendum. This plan is included in the erosion control Sheet 6 of 9, but is not discussed in the Final Drainage Report, as previously requested. 6. As stated in the review memorandum dated June 7, 2007, the design of proposed swale D4 is not • erosionally stable and will result in repairs at the expense of the Homeowners' Association. Please refer to Table MD-2 in the USDCM(UD&FCD 2001), particularly in Major Drainage, Chapter 7, Sections 1.5.3, and 3.2.3, for possible solutions, and adjust the swale D4 design as requested from the June 7, 2007 review memorandum. 7. Please correct driveway culvert riprap sizing calculations for the proposed circular pipes. The December 2007 Final Drainage Report analysis utilizes methodology for rectangular pipes. 8. The headwater-to-depth (HW/D) ratio shall not exceed 1.50 in the 100-year storm event, per the Weld County Storm Drainage Criteria (WCSDC)Addendum, Page 37. Current design calculations show the HW/D ratio to be 1.93 for the 100-year storm. It may be necessary to increase the size of the culverts to maintain appropriate HW/D ratios. Recommendations Please provide corrected construction plans and text prior to recording the Final Plat. f - j ! .g tt-ya' �. " 31-;12:4144,3 d i f< `K. 3 0. s '1' r'1'J` 4 ' �"' ti \ac L e.%xA i ( fk'moY� aY41S A c,f i 4(01'.1" rh a :6 Y �- 4, r'• ' om'' 51•Sp 51 i•e;9;; w A `, : "3 '' Fu: xs .; i3 414 n 'f '-G 2 " gems: •PC: Lawley Estates Review 01-22-08.DOC t # Email&Original:Planner: Brad Mueller PC by Post: Applicant: Sherry Lawley PC by Post: Engineer: Shear Engineering Corporation Page 2 of 2 22 January 2008 M\PLANNING—DEVELOPMENT REVIEW\)-Final Plat(PF,MF,MJFpPF-10431awley Estates PUD\awley Estates Review 01-22-08.DOC � a DEPARTMENT OF PLANNING SERVICES 4 918 10th Street GREELEY, COLORADO 80631 ' WEBSITE: www.co.weld.co.us bmueller@co.weld.co.us CE-MAIL: PHONE (970) 353-6100, EXT. 3572 FAX (970) 304-6498 COLORADO January 23, 2008 Sherry Lawley 26658 Weld County Road 74 Eaton, CO 80615 RE: Lawley Estates PUD Planning File No. PF-1043 Dear Sherry: • Thank you for recently submitting revised or missing documents in conjunction with the Final Plat application for the Lawley Estates PUD (File No. PF-1043). Staff has reviewed these in detail, with the following comments. On- & Off-Site Improvements You and I have discussed your concerns regarding the costs associated with on- and off-site improvements. Staff (i.e., Weld Public Works) has identified four sets of improvements that require separate Improvements Agreements: • Paving of a portion of County Road 55 • Dust control for a portion of County Road 55 • Dust control for a portion of County Road 72 • On-site road improvements & drainage improvements The re-submittal included draft Improvements Agreements for three of these, but was missing one for the on-site improvements. However, a draft Exhibit A for the on-site improvements (which is part of the whole Improvements Agreement) was included and has been approved by Public Works. Nonetheless, a signed copy of this missing Improvements Agreement (and collateral arrangements) is still needed. (Note that the re-submittal included a letter dated December 19, 2007, which is somewhat confusing, requesting that the on-site road — Lawley Lane — be allowed as gravel. This road was originally approved as gravel, and is shown as such on the draft Exhibit A, so there is no • need to request an exemption from paving Lawley Lane.) • • You have indicated that the submitted Improvement Agreement documents remain unsigned because you want to contest some of the costs. (Please note that Improvement Agreements have to be finalized, however finally agreed, with collateral provided, prior to recording the Final Plat.) In order to present this to the Board, please provide a letter explaining what, specifically, you are requesting. Please clarify, for example, whether you are requesting to pay none of the $122,000 calculated by Public Works, whether you are asking to defer payment, whether you are requesting to pay dust control only and not paving, or vice versa, or whether you are requesting to pay a lesser amount. Regardless of the request, it would be beneficial, for the Board's consideration, to provide an explanation for your request (e.g., not properly calculated, unjustified, unfair, etc.). The letter can be addressed directly to the Board of County Commissioners but submitted to me. Once received, I will schedule this for a Board meeting, which will be handled as a request to re-consider a Condition of Approval of the Final Plat. Public Work Review See the attached memo from Weld County Public Works, dated January 22, 2008. While you will note from it that a majority of items regarding the Final Drainage Report and the Construction Drawings were addressed, some were not. After the missing items are addressed, then signed copies of the Final Drainage Report (2 copies) and the Construction Drawings (3 copies) must be submitted. Also, please clarify to me whether you will be pursuing a variance/waiver request for un-detained stormwater runoff, as noted in the memo. • Planning Review Unfortunately, the response letter submitted by Mr. Corbridge, Coffey Engineering & Surveying, LLC, dated October 16, 2007, (but submitted late December) only addresses the Planning Department's comments concerning the draft plat. Consequently, many of the items indicated in both the original conditional approval (September 9, 2006) and the Planning Department review e-mail (May 30, 2007) remain unaddressed. Below is a list of outstanding Conditions, which need to be finalized in order to record the Final Plat. The original comment from the September 9, 2006 review letter is listed, along with updated comments. It would be helpful, when submitting any missing items in the future, to use this list as a checklist of items submitted. Condition Number 1.A. The applicant shall submit evidence of a ditch agreement with the Nazarenus Ditch Company covering drainage, fencing type, maintenance of the strip of ditch right-of-way, and access for the ditch and maintenance of that area. If an agreement is not reached, the Board of County Commissioners shall review the Final Plat for acceptance. Concerns of the Nazarenus Ditch Company are noted in their letter of July 24, 2006. (Department of Planning Services) The re-submittal included a response to the ditch company, but not written evidence of an agreement. My understanding is that the ditch company board will be able to review this in mid- February. After that point, you should be able to get an agreement from Curtis in writing, fulfilling this condition. • 2 1.B. The applicant shall amend the Improvements Agreement According to Policy Regarding Collateral . for Improvements to include the development sign, pedestrian shelter, postal boxes, landscaping and fencing. Provide bids for landscaping estimates. A revised Improvements Agreement for Public Road Maintenance shall be submitted, reflecting the changes indicated by the Department of Public Work in their referral dated July 24, 2006. This agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Department of Public Works) As discussed above, signed copies of the Improvements Agreements, with collateral specified, are needed prior to recording the plat. 1.C The Restrictive Covenants shall be amended as follows: 1) Weld County will not maintain drainage facilities, retention pond, landscaping or open spaces. It shall be clarified in the covenants what the Common Elements are and that the HOA is responsible for maintenance of these common elements. (Department of Public Works) The Covenants were revised, but the Common Elements definition was not changed to address this Condition concerning maintenance responsibilities. 1.D. The applicant shall submit to the Department of Planning Services the appropriate fee ($6 for the first page and $5 for all others) for recording the Restrictive Covenants in the Office of the Clerk and Recorder. (Department of Planning Services) The re-submitted Covenants were not signed, and the appropriate recording fees were not submitted. 1.E The applicant shall clarify where a development sign is proposed for the site. (Department of Planning Services) Mr. Corbridge's letter did not clarify whether a development sign is proposed, or where. If you • anticipate putting it in "Tract 1" (to be re-named "Outlot C"), please be aware that the parcel is not large enough to allow for the 20' setback required of signs. If a sign is proposed, its exact location should be noted on the plat. 1.F. Public Works review. See attached memo. 1.G. The applicant shall submit evidence to the Department of Planning Services that the required School District cash-in-lieu of land dedication fee has been paid. (Department of Planning Services) No written document was submitted to verify school fees were paid. 1.H The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the State. (Department of Planning Services) No written document was submitted to indicate formation of the HOA. 1.1. Final signed Water Service Agreement from North Weld County Water District. The copy should not be recorded; we will record the final copy at the same time the plat is recorded. Please provide recording fees of$6 for the first page and$5 for all subsequent pages. The submitted Water Service Agreement was a photocopy and not the original. If for some reason it has already been recorded, please contact me. 1.J. The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association. (Department of Planning Services) No copy of a mineral rights deed was submitted. • 3 1.M. The applicant shall submit documentation addressing how they shall adhere to federal requirements • regarding Burrowing Owls, as indicated by the Division of Wildlife in their referral dated July 24, 2006. Mr. Corbridge's letter did not document how the federal requirements will be addressed. Draft Plat Drawing notes: 1.N.2. Landscaping and utility plans shall be added to the plat, as required by Sections 27-9-30 and 27- 9-40. (Department of Planning Services) The re-submitted plat does not include a landscaping plan, and Mr. Corbrdge's letter did not address this Condition. 1.N.6. 'Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be delineated on the plat. (Department of Planning Services) The statement that was added is incorrect or out of date. Please see Appendix 22-E and revise the statement on the plat. 1.N.7. Any proposed development sign shall be located outside of utility easements and shall meet the required ten (10) foot setback from road rights-of-way. A plan detail of the proposed sign shall be included on the final plat. (Department of Planning Services) As noted above, it is not clear whether a sign is proposed or not. If so, note the location on the plat, ensuring adequate land to meet setbacks. Also, for approval, a basic detail showing size and height (both meeting sign limits) should be provided on the plat. 1.N.8. The proposed pedestrian shelter shall be located outside of utility easements and shall meet the required twenty(20) foot setback from road rights-of-way. (Department of Planning Services) 1.N.15. 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, and setbacWoffset allowances shall be called out. The tract shall be shown and dimensioned on the final recorded plat. (Department of Public Works) The re-submitted plat does not show the location of the pedestrian shelter. Other plat review comments: • The newly-added "Tract 1" should be re-named "Outlot C." • Note DD concerning "failure to submit a final plan" can be removed, and the list re- lettered (since the final plat has been submitted), although it is also fine to leave it there. • The Right to Farm Statement is incorrect. I know that you, like we, are eager to finalize and record the final plat. If there is anything I can do to assist in getting these remaining items addressed as soon as possible, please let me know. Feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Brad Mueller, Long Range Planner Weld County Planning Services cc: Brian Varrella, Weld County Public Works • 4 • MEMORANDUM TO: Brad Mueller,Planning Services DATE: 22-January-2008 wiipeFROM: Brian K. Varrella, P.E., CFM,Public Works Dept. COLORADO SUBJECT: PF-1043 Lawley Estates PUD(Final Plan),Drainage Review#3 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. Final Plan Requirements Irrigation Ditches: 1. 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 final agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. Improvements Agreements: 1. 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. Prior to future paving, the applicant shall enter into an agreement with the County to proportionally share in dust stabilization operations on WCR 55 and WCR 72. 2. WCR 55 is presently on Weld County's 2006 dust management program. The Applicant noted that previous traffic count data was outdated, and hired Matthew J. Delich (Colorado P.E. #15263)to take three traffic counts on WCR 55 between WCR 74 and SH 392 in July 2007. The following traffic information, as documented from the Delich study, supersedes previous traffic counts on WCR 55 as follows: a. WCR 74 to WCR 72— 328 ADT b. WCR 72 to WCR 70—472 ADT c. WCR 70 to SH 392—629 ADT 3. The average of the three counts is 476 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/ 514 = 7.4%. The cost to pave WCR 55 in 2007 figures is approximately$550,000 per mile. The proportional cost sharing for Lawley Estates would then be$122,000, as calculated at Public Works on October 16, 2007. The applicant is requested to amend their proposed agreement to meet the Board of County Commissioners zone change resolution using these proportions and costs. Drainage Comments: • Public Works received a Final Drainage, Erosion Control, and Water Quality Report for Lawley Estates PUD(PF-1043)on January 3, 2008. The report was submitted by Brian W. Shear, P.E. #20262, of Shear Engineering Corporation, and is dated December 2007. This report will herein be referred to as the Final Drainage Report. • The Final Drainage Report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. However, the drawings included in the map pocket were not stamped or • signed. All construction plan sheets included as attachments to the Final Drainage Report must Page I oft 22 January 2008 NI PLANNING—DEV EI,OPMFNT REA IF W3-Final Plat IPF,ME,MIFI PF-I 043 law le}Estates PUD I awley Fumes Renew 01-22-0S.DOC • be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. All construction drawings included in the final plan set must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. • Shear Engineering has prepared a good drainage report that is well documented and supported with engineering calculations. Public Works appreciates the clear level of effort that was placed in the report, and the progress made since the June 7, 2007 submittal. 1. Public Works requires 3 sets of the construction drawings and 2 copies of the Final Drainage Report. 2. Please address all redline comments in the Final Drainage Report and in the construction drawings. 3. Please note, Per the review memorandum dated June 7, 2007, the applicant has proposed the construction of a pipe under WCR 55 and is required to submit an offsite improvements agreement to Weld County. Appropriate right-of-way permits must be approved prior to construction in the County ROW. 4. Per the review memorandum dated June 7, 2007, if Lot 4 stormwater runoff is proposed to be released un-detained, the Weld County Board of County Commissioners must approve a variance from current County Code 24-7-130 and Ordinance 2006-7. a. Per the review memorandum dated June 7, 2007, if a variance is requested and approved by the BOCC, the approved detention pond size and release rate for the proposed 29.7 acre subdivision shall be calculated from the 29.7 acres only. Future development on the 83.8 acre Lot 4 will require a separate detention facility. As noted in prior comments, the current detention pond and outlet structure for the 29.7 acre subdivision will be too small for future expansion on Lot 4. Future development of Lot 4 will require additional detention facilities on Lot 4. 5. Per the review memorandum dated June 7, 2007, please include a revegetation plan utilizing approved seed mixes published in the WCSDC Addendum. This plan is included in the erosion control Sheet 6 of 9, but is not discussed in the Final Drainage Report, as previously requested. 6. As stated in the review memorandum dated June 7, 2007, the design of proposed swale D4 is not • erosionally stable and will result in repairs at the expense of the Homeowners' Association. Please refer to Table MD-2 in the USDCM(UD&FCD 2001), particularly in Major Drainage, Chapter 7, Sections 1.5.3, and 3.2.3, for possible solutions, and adjust the swale D4 design as requested from the June 7, 2007 review memorandum. 7. Please correct driveway culvert riprap sizing calculations for the proposed circular pipes. The December 2007 Final Drainage Report analysis utilizes methodology for rectangular pipes. 8. The headwater-to-depth (HW/D) ratio shall not exceed 1.50 in the 100-year storm event, per the Weld County Storm Drainage Criteria (WCSDC)Addendum, Page 37. Current design calculations show the HW/D ratio to be 1.93 for the 100-year storm. It may be necessary to increase the size of the culverts to maintain appropriate HW/D ratios. Recommendations Please provide corrected construction plans and text prior to recording the Final Plat. s34 • . i, 5"n r� � I I e o- t I x + I � ,A Y A�M4nR��nT� e��.xn •y{I .� _. i.l � I wt,i:r +.SaAa `u .��J�. a. .5%,.a- 54 i+ +.t-�...m.. m�h/:�lv.s✓"wrvrv�nrv+ e_.. .. .. _ ..v n 'PC': [ m ley[..states Res unk 0 I-22-08 DO( Email Re Original:Planner: Brad%Met l PC by Post. Applicant: Sherry Lamle) PC by Post Engineer. Slaw Engineering Corporation • Page 2 oft 22 January 2008 M_PLANNING DIWEIDPNFNI REAIEWdiiml PlatlPr ME MDE P4 DLO Ia,cley rtaes PO61 axle,!Dates Re,jew 01-22-OS.DOC • December 19,2007 A Project No. 2270-01-07 ENGINEERING SHEAR] E CORPORATION Don Dunker, P.E. 33504 WCR 53 Gill, Colorado 80624 Nazarenus Lateral Irrigation Company 35490 WCR 61 Gill, Colorado 80624 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Dunker, This is in response to Nazarenus Lateral Irrigation Company's most recent review comments noted in a memorandum from you to the Nazarenus Lateral Irrigation Company Board Members dated July 5, 2007. Drainage Report Comments: • 1. Page 3 — under B. Development Criteria Reference and Constraints item 2 — Who will be responsible for pond maintenance and the discharge pipe maintenance after construction and in the future? R Pond maintenance and discharge pipe maintenance after construction and in the future will be the responsibility of the Lawley Estates homeowners association (HOA). Refer to General Note 17 on the Cover Sheet of the Construction Plans. Weld County Public Works will continue to maintain drainage facilities in the Public right-of-way. 2. Page 8— under VI, Water Quality, General Concepts, item 2, iv—Since the detention pond will act as a sediment pond during construction, who will clean it out prior to it being revegetated? R The sediment pond will remain the responsibility of the developer until all improvements are completed. This includes cleaning the sediment pond out prior to it being revegetated. This is noted on the Cover Sheet of the Construction Plans, General Note No. 19. Construction Drawing Comments: 1. Sheet 1, under General Notes, note 17—List who is responsible for construction and future maintenance of the pond and outlet pipe. R Please reference the revised Cover Sheet, Sheet 1 General Note No. 17. The Developer is responsible for the construction of the pond and outlet pipe. The homeowners association (HOA) is responsible for the future maintenance of the pond and outlet pipe. • 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax(970) 282-0311 www.shearengineering.com Page 2 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 2. Plat sheets 1 of 2 and 2 of 2 — Label the Nazarenus Lateral Irrigation Ditch as a 170' Exclusive Right-of-Way and Easement. R Please reference the revised Plat sheets 1 of 2 and 2 of 2. The Nazarenus Lateral Irrigation Ditch has been labeled as Nazarenus Ditch Exclusive Right-of-Way and Easement. The recording data for the dedicated easement has also been provided. Please refer to the attached response provided by our project surveyor Mr. Mark Corbridge with Coffey Engineering & Surveying, L.L.C. With this written response he has attached the recorded easement exhibit for reference. 3. Plat sheets 1 of 2 and 2 of 2— The metes and bounds #9, #26 through #31 of the Exclusive Right-of-Way and Easement Agreement, Exhibit 'A', reception number 2970917 do not match the proposed metes and bounds shown on the Plat sheets. R Please refer to the attached response provided by our project surveyor Mr. Mark Corbridge with Coffey Engineering & Surveying, L.L.C. With this written response he has attached the recorded easement exhibit for reference. 4. Topographic sheet 1 of 1 — Label the Nazarenus Lateral Irrigation Ditch as a 170' Exclusive Right-of-Way and Easement. Also, is there a sheet 2 of 2 as listed within the Exclusive Right-of-Way and Easement of the drawing? • R Please reference the revised Topographic sheet 1 of 1. The Nazarenus Lateral Irrigation Ditch has been labeled as Nazarenus Ditch Exclusive Right-of-Way and Easement. The Sheet 2 of 2 label has been removed. 5. Sheet 2 of 9 — There is an 8"proposed water line in the plan view. Please show how this line crosses the Nazarenus Lateral Irrigation Ditch in profile view. Per the Exclusive Right-of-Way and Easement Agreement there shall be a 3'clearance between the bottom of the Nazarenus Lateral Irrigation Ditch and the top of proposed 8"pipe. R Please reference the revised Storm Sewer Plan and Profile on Sheet 4. The proposed 8" water line is now shown in profile view and meets the minimum 3' clearance between the bottom of the Nazarenus Lateral Irrigation Ditch and the top of proposed 8"pipe. R We would respectfully request a copy of the current Nazarenus Lateral Irrigation Ditch Exclusive Right-of-Way and Easement Agreement. Please e-mail it to: Brian W. Shear, P.E. bshear@shearengineering.com Brent Batik bbalik@shearengineering.com Thank you for your consideration. 6. Sheet 4 of 9 under Notes — Change note 2 to read as, "No excavation or crossing of the Nazarenus Lateral Irrigation Ditch shall be done during a typical irrigation season. " R Please reference the revised Sheet 4 of 9. Note 2 has been revised as requested. • • Page 3 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 7. Sheet 4 of 9 under Notes —Add note 3 to read as, "During Excavation and installation of any apparatus under the Nazarenus Lateral Irrigation Ditch, the ditch structure shall be supported with steel beams and load bearing straps to prevent movement or damage until the installation is complete and flow fill backfill has fully cured to support the ditch structure weight. The Design Engineer shall pre-approve this supporting structure of the irrigation ditch in writing before excavation begins. A copy of the stamped approval shall be provided to the Ditch Company prior to excavation beginning. Any damage or movement of the ditch structure shall be reported immediately to the Ditch Company. R Please reference the revised Sheet 4 of 9. Note 3 has been added as requested. 8. Sheet 4 of 9—In the area where the storm line crosses the irrigation ditch per the Exclusive Right-of-Way and Easement Agreement, a 3' minimum clearance from bottom of ditch to the top of storm line pipe is required. This design shows a 2.64' clearance, or .36' (about 4-5/16') short of the 3' requirement. They are proposing a 14" tall x 23" wide horizontal elliptical reinforced concrete pipe at a slope of.5% at this crossing which is a low profile concrete pipe and it is at a flat slope. An amendment from the original Exclusive Right-of- Way and Easement Agreement may be required. R Acknowledged. • 9. Sheet 5 of 9 — In the Fence Detail change the call out for 6" wooden corner posts to read as, "6" treated wooden corner posts". R Please reference the revised Sheet 5 of 9. The Fence Detail has been revised as requested. 10. Sheet 5 of 9 —In the notes below the Fence Detail change the ...an 'H' with steel T-posts every 25 place... to ...an 'H'with steel T-posts every 12 place... R Please reference the revised Sheet 5 of 9. The Note has been revised as requested. 11. Sheet 6 of 9 —Add a note to the Grading and Erosion and Sediment Control Construction Plan Notes to read as follows, "Pond volume shall be verified by a Colorado Registered Land Surveyor or Professional Engineer. A copy of the stamped pond volume survey meeting the minimum design volume shall be provided to the Nazarenus Lateral Irrigation Ditch Company". R Please reference the revised Sheet 6 of 9. The requested note has been added to the Grading and Erosion and Sediment Control Construction Plan Notes,Note 18. 12. Sheet 7 of 9 — In the section A-A correct the 100-yr Water Surface Elevation and add the 8"Wx 380'L x 4'D to the concrete cut-off wall note. R Please reference the revised Sheet 7 of 9. In section A-A the correct 100-yr Water Surface Elevation is now shown and the 8"W x 380'L x 4'D concrete cut-off wall has been noted. i Page 4 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 13. Sheet 9 of 9—In the Berm Barrier Wall Detail, show more detail as to how the grouted rip rap will be placed down stream of the emergency weir wall. Call out Geo fabric and bedding under the grouted rip rap. Add a note to read as follows, "All concrete shall be CDOT class B, 3000 psi minimum compressive strength within 29 days. " R Please reference the revised Sheet 9 of 9. We have included additional grouted Rip Rap Placement Detail and added the requested note to the Berm Barrier Wall Detail. 14. Sheet 9 of 9 — In the Detention Pond Outlet Structure and Water Quality Details, correct the pipe size behind the orifice plate. Call out the orifice plate thickness to be 1/2" minimum hot dip galvanized. Correct the orifice plate height listed above the outlet pipe flow line. The orifice plate shall be set to match the Drainage Report at .39'. Change the bolts to attach the orifice plate to the head wall to 4- 1/2" diameter stainless steel anchors minimum with tamper proof nuts. R Please reference the revised Sheet 9 of 9. The correct pipe size behind the orifice plate has been labeled. All orifice plate requests have been accommodated. We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates P.U.D. most recent review. If you have any further questions or require additional information, please call at (970) 226-5334. • Sincerely, Revie by ) • Brent Balik Brian W. Shear, Shear Engineering Corporation Shear Engineering Corporation BWS /bb attachments cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning Don Dunker, P.E.;Nazarenus Lateral Ditch Company Alan Overton;North Weld County Water District Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC Jesse Hein; Weld County Public Works Brian K. Varrella, P.E., CFM; Weld County Public Works Alan Overton;North Weld County Water District • December 19, 2007 • Proj ect No. 2270-01-07 SHEAR ENGINNG Weld County Public Works Department CORPORATION P CORPORATION 1111 —H Street P.O. Box 758 Greeley, Colorado 80632 Attn: Jesse Hein Brian K. Varrella, P.E., CFM Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Hein& Mr. Varrella, This is in response to the Weld County Public Works most recent review comments for Lawley Estates P.U.D. noted in a memorandum from Weld County Public Works to Brad Mueller dated June 7, 2007. Final Plat: 1. Right-of-way for Lawley Lane has been dedicated to the public. Dedication of rights-of-way and easement language shall be contained in the plat certificates. R Please reference "Certificate of Dedication, Ownership and Maintenance" on sheet 1 of 1 of • the revised Final Plat. 2. A written letter requesting a gravel interior roadway must be sent to the Weld County Engineer for approval. If approved, then the plat shall be revised to show a gravel cross section (typical) roadway. R The applicant has been in discussions with Weld County Public Works regarding the proposed internal gravel roadway. The applicant has indicated that Public Works has agreed to the internal gravel roadway. Please reference the attached comments dated 07/24/06 from Drew Scheltinga, Final Plat comment #2. A written letter requesting a gravel interior roadway is attached for your immediate reference. 3. The post office box kiosk must be placed inside an outlot that is maintained by the homeowners association (HOA). Please update the Final Plat, and associated construction drawing sheets. R The post office box kiosk has been placed inside Outlot A and will be maintained by the HOA. Please reference the Final Plat and associated construction drawing sheets. 4. The landscaped median at the subdivision entrance shall be placed in an outlot that is maintained by the HOA. Please show and dimension the outlot on the plat. R The Landscape median has been defined as Tract 1. This will be maintained by the HOA. Please reference the detail provided for Tract 1 on the Final Plat sheet 2 of 2. • 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com PAGE 2 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 5. 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. R These easements are existing. Reception Numbers for both the 120' and 170' easements for the Nazarenus Lateral Ditch are now shown on the Final Plat. 6. Additional drainage easements shall be provided on WCR 72 and Lawley Lane in conjunction with ditches shown in the construction plans. R Additional drainage easements have been provided at WCR 72 and Lawley Lane in conjunction with ditches shown in the construction plans and are now identified on the final plat. Construction Plans: 1. A vertical control bench mark shall be shown on the plans. Please reference the appropriate project vertical datum; either NGVD-29, or NA VD-88. R A vertical control benchmark is shown on Sheet 1 of 9 of the Construction Plans for Lawley Estates P.U.D. (NAVD-88). • Irrigation Ditches: 1. 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 final agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. R Acknowledged. The agreement with the Nazarenus Lateral Irrigation Company will be provided immediately upon availability. R With this Final Plat re-submittal, we are also re-submitting a revised Construction Plan Set, a revised Final Drainage, Erosion Control and Water Quality Report, and a response to Nazarenus Lateral Irrigation Company comments to Mr. Don Dunker representing the Nazarenus Lateral Irrigation Company. A copy of our written response to Ditch Company comments is attached for your immediate reference. Improvements Agreements: 1. 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. R Acknowledged. The applicant has requested a hearing with the Weld County Commissioners • concerning this off-site improvements agreement. PAGE 3 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 2. 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 SH302 as follows. a. 2005— 188 ADT and 287 ADT b. 2006—349 ADT R Acknowledged. 3. 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" asphalt will be approximately $350,000. The proportional cost sharing for Lawley Estates would then be $49,000. The applicant should amend their proposed agreement to meet the Commissioners zone change resolution using these proportions and costs outlined above. R Acknowledged. The applicant has requested a hearing with the Weld County Commissioners concerning this off-site improvements agreement. 4. 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. Unit costs for the following items shall be increased as follows: • a. Site grading $3.00 b. Street grading $3.00 c. Street base $25.00 d. Survey boxes $500.00 R An updated cost estimate has been prepared by Shear Engineering Corporation meeting the changes required and is attached for immediate reference. Pavement recommendation by CTL Thompson was provided at 7" of Class 5 or 6 ABC with prepared subgrade. Other unit costs have been provided by bidding contractors. 5. Engineering and Supervision costs shall be 15% of sub-total. R An updated cost estimate has been prepared by Shear Engineering Corporation meeting the changes required and is attached for immediate reference. Other unit costs have been provided by bidding contractors. Drainage Comments: 1. The applicant has proposed the construction of a pipe under WCR 55, and is required to submit an offsite improvements agreement to Weld County. Appropriate right-of-way permits must be approved prior to construction in the County ROW. a. The outlet of the detention pond pipe may not discharge to or be constructed on private property without the written consent of the affected property owner(s). Please provide • copies of all necessary written permission in the appendix of the Final Drainage Report. R Acknowledged: An improvements agreement with Weld County will be submitted. R The outlet of the detention pond pipe is in Weld County Road 72 right-of-way. PAGE 4 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 2. The Final Drainage Report proposes only partial detention of onsite developed flows. The total property is approximately 114.3 acres, but the subdivision lies on 29.7 acres of the property. Lot 4, as shown on sheet 6 of 9, is 83.8 acres, and borders the 8-lot subdivision on the north and eastern boundary. a. If Lot 4 stormwater runoff will not be detained, the Weld County Board of County Commissioners must approve a variance from current County Code 24-7-130 and Ordinance 2006-7. R We feel that a variance is not required. Lot 4 is considered as a large lot and will have little impact to drainage if developed as an individual lot. There is a clear drainage basin delineation for Lot 4. Runoff from Lot 4 will be unaffected with this development. R Please refer to Historic Drainage exhibit in the Final Drainage, Erosion Control and Water Quality Report. b. If a variance is requested and approved by the BOCC, the approved detention pond size and release rate for the proposed 29.7 acre subdivision shall be calculated from the 29.7 acres only. Future development on the 83.8 acre Lot 4 will require a separate detention facility. Please note, the current detention pond and outlet structure for the 29.7 acre subdivision will be too small for future expansion on Lot 4, and retrofitting of the • proposed detention pond and outlet structures will be extremely expensive. Public Works is concerned that Lot 4, if developed, will face significant difficulties frying to route flow from detention facilities on Lot 4 to roadside ditches east of the Nazarenus Ditch. R It is understood that the current detention pond and outlet structure design does not accommodate the future development of Lot 4. It is also understood, that if Lot 4 develops further in the future, the further development of Lot 4 will require additional detention facilities and will be required to meet all Weld County Strom Drainage Design Criteria current at that time. c. A note must be added to the Final Plat stating any future development on Lot 4 shall be required to construct stormwater detention facilities. Theses future 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) and Ordinance 2006-7. R The plat has been revised. Please reference General Note 1 on the Final Plat Sheet 2 of 2 stating the following: "1. Any future development on Lot 4 shall be required to construct stormwater detention facilities. These future 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) and Ordinance 2006-7. " has been added on the Final Plat. PAGE 5 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 3. Please provide a figure showing the flowpaths, lengths, and slopes used to calculate the time of concentration (Tc). a. In-House calculations show the 5-year historic stormwater runoff, also known as the allowable release rate from the proposed detention pond, to be 4.56 cfs. This is 9% less than the 4.99 cfs calculated in the current drainage report. Please double-check the historic runoff values, and the associated detention pond sizing. R After phone discussions with staff, it appears the difference may lie in the ROW area included in the southern portion of basin B2. We included this area as part of the site due to the ambiguity of the roadside swale condition in this area and our immediate conveyance of flow in this area to the detention system. b. It appears the calculated detention volume may include offsite flows. Current Weld County Code does not require the detention of offsite contributions; they may be passed through the system undetained. Please double-check detention calculations to include only the onsite 100 year peak inflow discharge, which shall be released at a rate not to exceed the onsite 5-year historic outflow discharge. R The computed 3.76 ac-ft of volume includes detention for runoff from the area staff may consider to be offsite as mentioned above. This actually produces a more conservative • design for downstream release than allowing this flow to be conveyed undetained over the emergency overflow weir. A true variable head discharge detention model (EPA SWMM) was used to compute the required volume. 4. Please add an appropriate scale and north arrow to the vicinity map, as per Weld County Code 23-2-50(C.2.). R North arrow and scale have been added to the vicinity map in the Final Drainage, Erosion Control and Water Quality Report. 5. The swales and rundown between Lawley Lane and the proposed detention pond are not designed according to UD&FCD standards. Table MD_2 from the USDCM (UD&FCD 2001) is reproduced in the appendix of the Final Drainage Report. According to this table, proposed open channels shall not be designed with Froude numbers greater than 0.80, and longitudinal slopes exceeding 0.60%, without proper permanent erosion control. Please prove that all channels are stable as designed, or prepare appropriate permanent erosion control(revetment) solutions for these swales. R The rundown into the detention pond has been armored with Type "M" riprap. Please see the riprap calculations in the revised Final Drainage, Erosion Control and Water Quality Report. • PAGE 6 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado R The stability of the roadside swales for Lawley Lane are proven below: Velocity and Froude number are the channel flow parameters of concern. The 0.60% slope is more of a suggested criterion that usually, but not always, ensures the stability of the channel. The velocity and stability in the channels are also affected by the channel section shape. -The D1 roadside channel meets velocity and stability requirements for a grass lined channel with velocity less than 5ft/s and Fr<= 0.80. -The D4 channel meets velocity stability requirements for grass lined channels. We let the Froude number go slightly over 0.80 to 0.86. By lowering the channel slope to 0.80%, we can attain a Froude number of 0.78, and we have changed the channel slope to 0.80% for this submittal. 6. The 11.5% slope on the rundown into the detention pond will require grouted boulders per USDCM alternative, the applicant may choose another revetment for the rundown if it can be proven stable under proposed topographic and hydraulic conditions. Alternative revetments may include, but are not limited to, articulating concrete blocks (ABCs), turf reinforcement mats (TRMs), or other reasonable solutions that are supported with engineering design calculations. R 3,530 SF of Type M grouted rip rap has been added to the rundown into the detention pond. R Please see these new rip rap design calculations in the revised Final Drainage, Erosion • Control and Water Quality Report. R Please refer to Detention Pond details on Sheet 7 of 9 of the Construction plans. 7. The current design calls for Type-M grouted riprap, per review comments from the Nazarenus Ditch Company, but the size has not been proven stable with engineering calculations. Please check for stability, using a minimum factor of safety of 1.5. a. A self-launching termination key with a design detail is required for any rock riprap protection located on the emergency overflow spillway. Please follow guidance provided in the USDCM, Chapter 4.4.2.4 (UD&FCD 2001). Another useful guide may be HEC- 11, Chapter 2 (FHWA 1989). R Please see added toe protection detail in construction plans per UD&FCD criteria. b. The applicant may choose an alternative revetment for the emergency overflow spillway if it can be proven stable under proposed topographic and hydraulic conditions. Alternative revetments may include, but are not limited to, ACBs, TRMs, or other reasonable solutions supported with engineering design calculations. R Acknowledged, however, we will continue with a grouted soil riprap installation as suggested by the Nazarenus Lateral Irrigation Company. Please see the supporting calculations in the revised Final Drainage, Erosion Control and Water Quality Report for this Type M grouted riprap installation. • PAGE 7 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 8. Please provide appropriate permanent erosion control at pipe outlets and inlets, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Engineering design calculations must be provided to support the selection of any and all erosion control measures, and must demonstrate that the proposed designs provide stable channel conditions prior to the establishment of vegetation. a. Please specify the size of all rock riprap protection at all culvert outlets for in the construction drawings, and include rock size (D50) and apron limits (length, width, and thickness.). R The plan measurements have been updated to reflect comment "8c." below. The thickness is shown in the riprap detail on the detail sheet for all pads. b. Please provide engineering calculations for all culvert outlets. R The storm sewer riprap calculation was included with the hydraulic analysis. The riprap calculations have now been moved together in a riprap section following the culvert section. c. Riprap outlet protection for culverts must wrap around flared end sections to prevent local erosion and scour around the FES. R Please see updated riprap detail and plan measurements. 9. Please update the culvert calculations in CulvertMaster to utilize HDS-5 Chart 1, Scale 1 the proposed pipes under Lawley Lane, According to HDS-5, Table 12, the appropriate entrance loss coefficient (Ke)for a flared end section is 0.50 (FHAW 2001/2005), similar to that of a pipe with a headwall and a square edge entrance. The current Ke value of 0.20 is incorrect. a. The Manning's-n for a CMP shall be 0.025, per the Weld County Storm Drainage Criteria (WCSDC). Please update the analysis for the Lawley Lane culvert crossing. R The Manning's n has been changed from 0.024 to 0.025 as requested. b. All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H::1 V or flatter per UD&FCD research. R Please consider waiving this request. The UD&FCD research discusses how debris racks actually increase a culvert system's susceptibility to clogging, preventing its intended hydraulic function. Safety is also questioned as people and animals become pinned with the hydraulic pressure against these racks instead of just passing through these culverts where daylight at the exit can easily be seen from the entrance to the culvert. The research says racks may be more appropriate for systems of great length, where daylight can not be seen from the entrance. • 10. There must be a minimum drop of 0.1 ft through the proposed manhole on the proposed detention pond outlet pipeline. R Acknowledged. Please reference the revised Storm Sewer profile. PAGE 8 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 11. Please show the 100 year hydraulic grade line (HGLloo)for all pipes, and show the energy grade line (EGL2oo). Ensure that the design provides that the 100 year EGL is at a minimum of 6 inches below the final finished elevation of any manholes and inlet rim elevations, per WCSDC. R Please see the updated Storm Sewer profile with both the 100-year HGL and EGL. 12. Please update the SWMM model to show the same pipe lengths as the plan set. Update all other information for consistency with the construction drawings and Final Drainage Report. R Please see the updated SWMM model. All other information has been updated for consistency with the Construction Drawings and revised Final Drainage, Erosion Control and Water Quality Report. 13. Please specify minimum driveway culvert sizes for all lots. These culverts may not impede flows in design ditches, and shall be sized according to the WCSDC. R Please see revised Final Drainage, Erosion Control and Water Quality Report and notes on Drainage Plan and detail sheet for minimum driveway culvert sizes. 14. Please include a revegetation plan utilizing approved seed mixes published in the WCSDC Addendum. This plan shall be discussed in the Final Drainage Report. R Acknowledged. Please reference the seed mix added to the Erosion Control Plan. 15. Please include all CUHP input and output data in the Final Drainage Report appendix. R Please see all available input and output now added to the appendix. 16. Please add the following note to the Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas. " R Acknowledged. Please see Final Plat Sheet 2 of 2 General Note#2. 17. Please show offsite contours for a minimum of 200 ft outside property limits on construction drawing Sheets 1 of 1 (Final Plat), 4 of 9, 5 of 9, 6 of 9, and 8 of 9. R At the request of Shear Engineering Corporation, Coffey Engineering & Surveying provided supplemental survey data not included in the original survey. Additional data was specifically related to offsite drainage and other detailed considerations based on the design updates by Shear Engineering Corporation. R Additional offsite contours have been provided. This has been coordinated with Coffey Engineering & Surveying. Regarding to what extent the offsite contours are included. We received this response from our project surveyor. "At the time this project was initially surveyed (Sept. 2003) and submitted, the 200' was not a requirement. If absolutely necessary now, an additional field trip would be required, at additional expense to the developer. A description of the terrain is as follows: The ground • to the east and south continues the slope shown on the subject property, draining to the east. The ground to the west slopes to the west, at approximately the same slope as the subject property ". PAGE 9 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado In addition, I would also like to note reviewing our (Shear Engineering Corporation) project chronology that we did not start the project. Jeffrey W. Couch, P.E. #16584 with Team Engineering, completed the original submittal. Public works received that submittal on what appears to be 06/26/2006. Comments from Public Works regarding that submittal were provided to the applicant dated 07/24/2006. Prior to (both Shear Engineering and Coffey Engineering & Surveying) addressing the latest comments dated 07/24/2006 we had reviewed them in detail. Providing additional offsite contours was not included in those written comments provided by Public Works at that time. The aforementioned comments dated 07/24/06 have been attached for your immediate reference. Based on the additional contouring provided, our response from the project surveyor regarding the adjacent properties existing conditions, and our note regarding the previous comments received. We would respectfully request this Public Works comment be waived. Any subsequent Development Plans submitted by this office will include the necessary off-site Topographic Survey data. We would respectfully request that you reconsider this directive. We have survey detail on areas requiring survey detail. We also have USGS contours that generally depict the site topography. Thank you for your consideration. • 18. Please add a permanent revegetation plan for all disturbed earth. This plan shall comply with all standards defined in the Revegetation section of the WCSDC. R Acknowledged. Please reference seed mix on the Erosion Control Plan. 19. Please address all redline comments in the drainage report and on the construction plan drawing contained therein. R Please see the revised Final Drainage, Erosion Control and Water Quality Report and Construction Plans. The redlined Final Drainage, Erosion Control and Water Quality Report and the redlined Construction Plans are being returned with this re-submittal. 20. Please provide a copy of the final Water Service Agreement from the North Weld County Water District, once signed and approved. This agreement shall be added to the appendix of the Final Drainage Report. R We are providing a copy of the signed and approved Water Service Agreement from the North Weld County Water District with this response for your immediate reference. We have never seen a water district agreement made part of the Final Drainage, Erosion Control and Water Quality Report before and would request you reconsider this requirement. However, at this time, we have incorporated the agreement in Appendix II of the Final Drainage, Erosion Control and Water Quality Report. • PAGE 10 December 19, 2007 Project No. 2270-01-07 • Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 21. Please provide a copy of the final ditch agreements from the Nazarenus Ditch Company, once signed and approved This agreement shall be added to the appendix of the Final Drainage Report. R Acknowledged. With this Final Plat re-submittal we are also responding to Nazarenus Lateral Irrigation Company comments. The Final Ditch agreement will be added to the appendix of the Final Drainage, Erosion Control and Water Quality Report. We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates PUD (Final Plan) most recent review. If you have any further questions or require additional information, please call at(970) 226-5334. Sincerely, Reviewed by /LS.L Brent Balik Brian W. Shear, P. . • Shear Engineering Corporation Shear Engineering Corporation BWS /bb attachments cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning Don Dunker, P.E.;Nazarenus Lateral Ditch Company Alan Overton;North Weld County Water District Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC • • December 19, 2007 Weld County Public Works Department 11 1 1 H Street Greeley, CO 80632 RE: Lawley Estates To whom it may concern: Pursuant to your request, please let this letter serve as an official request that Lawley Lane be granted an exemption from paving and the interior roadway be constructed of gravel. Respectfully, • Sherry Lawley • October 16, 2007 Project No. 1298.00 Brad Mueller, Long Range Planner Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: LAWLEY ESTATES PUD REVIEW COMMENT RESPONSE Dear Mr. Mueller, The following are offered in response to Weld County Department of Planning Services review comments for PF-1043: All review comments have been addressed on the attached plat, with the exception of the following: • N. 14)—The Nazarenus Lateral easement is recorded at Rec. No. 2970917. The dimensional differences identified by Mr. Dunker are as follows: #9)the distance is broken into two pieces; one on sheet 1 and one on sheet 2. #26) extends into Lot A, RE 3581 which is not included in this plat. #31) extends to the west right of way of WCR 55; the plat actually dedicates more area than the record document. The area in the adjacent Lot A, RE 3581 is not shown as an easement due to being outside of the project boundaries and can not be dedicated by this plat. Sincerely, Mark Corbridge Project Manager Coffey Engineering & Surveying, LLC 411 03/12/07 14:45 FAX 1045 • EXHIBIT C • I OD NW Cir.E the t h p LA Nnbi I II 2125 1C' of rw Sg v. . enrol MNbTi7F ISM.iSI I i ■llIM tlp .Q� ‘..--0� • ini .$2 • \ >_ = b 'V �I- --cis _ma • 5EE� n �� C ,,'Q(6. 1 MOra T:is ^ —; ul 1 n ant O N Y 41 • If N- O .. I 'C 4 o I I W:4I ��a ie rwn Ieir i .e ' WSsa s I M11 ati I gyp, �Nom 1rM1 alr ILe I I W I O al TD �NEti 1..t.r•I a41r �., ©c rGr.d I $ I V EE Cr.eF4h. ,�/ -No. SE 'r ---�-- t—•tai nt-^^ I It 144 he 5E / � Q-1 ®k �W ra E9 }F 6E Y• 4\ � - SCtIe et.+00i e •10e poa'3601 400' • ei M•I 61.k a,... €? �• L. � NB z w ‘Iii Gras•111,9Tt11 At: o Rawl RCN•&1071 AdIte Nit Writ 6 Ile MA 6231 Act Wool a ' n ‘‘. _ I I . 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RECEIVED 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. A new Engineering firm (Shear Engineering Corporation) submitted the Drainage Report and Construction Drawings. 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. The Ditch Company should be aware that Lot 4 (83.84 acres north of this development) is not being • developed at this time and is being left in its historical condition. Runoff from this area heads east towards the Nazarenus Lateral Irrigation Ditch 170' Exclusive Right-of-Way and Easement. A separate drainage design for Lot 4 will be required when this lot is desired to be developed in the future. (Drainage report page 1) Drainage Report Comments: Page 3 —under B. Development Criteria Reference and Constraints item 2 - Who will be responsible for pond maintenance and the discharge pipe maintenance after construction and in the future? Page 8—under VI, Water Quality, General Concepts, item 2, iv—Since the detention pond will act as a sediment pond during construction, who will clean it out prior to it being revegitated? Construction Drawing Comments: Sheet 1, under General Notes, note 17 - List who is responsible for construction and future maintenance of the pond and outlet pipe. Plat sheets 1 of 2 and 2 of 2—Label the Nazarenus Lateral Irrigation Ditch as a 170' Exclusive Right- of-Way and Easement. Plat sheets 1 of 2 and 2 of 2 - The metes and bounds#9, #26 through#31 of the Exclusive Right-of- Way and Easement Agreement, Exhibit 'A', reception number 2970917 do not match the proposed • metes and bounds shown on the Plat sheets. s • Nazarenus Lateral Irrigation Company Page 2 Topographic sheet 1 of 1 - Label the Nazarenus Lateral Irrigation Ditch as a 170' Exclusive Right-of- Way and Easement. Also, is there a sheet 2 of 2 as listed within the Exclusive Right-of-Way and Easement of the drawing? Sheet 2 of 9 - There is an 8"proposed water line in the plan view. Please show how this line crosses the Nazarenus Lateral Irrigation Ditch in profile view. Per the Exclusive Right-of-Way and Easement Agreement there shall be a 3' clearance between the bottom of the Nazarenus Lateral Irrigation Ditch and the top of proposed 8"pipe. Sheet 4 of 9 under Notes - Change note 2 to read as, "No excavation or crossing of the Nazarenus Lateral Irrigation Ditch shall be done during a typical irrigation season." Sheet 4 of 9 under Notes - Add note 3 to read as, "During Excavation and installation of any apparatus under the Nazarenus Lateral Irrigation Ditch, the ditch structure shall be supported with steel beams and load bearing straps to prevent movement or damage until the installation is complete and flow fill backfill has fully cured to support the ditch structure weight. The Design Engineer shall pre-approve this supporting structure of the irrigation ditch in writing before excavation begins. A • copy of the stamped approval shall be provided to the Ditch Company prior to excavation beginning. Any damage or movement of the ditch structure shall be reported immediately to the Ditch Company. Sheet 4 of 9 - In the area where the storm line crosses the irrigation ditch per the Exclusive Right-of- Way and Easement Agreement, a 3' minimum clearance from bottom of ditch to the top of storm line pipe is required. This design shows a 2.64' clearance, or .36' (about 4-5/16") short of the 3' requirement. They are proposing a 14"tall x 23" wide horizontal elliptical reinforced concrete pipe at a slope of.5% at this crossing which is a low profile concrete pipe and it is at a flat slope. An amendment from the original Exclusive Right-of-Way and Easement Agreement may be required. Sheet 5 of 9 - In the Fence Detail change the call out for 6"wooden corner posts to read as, "6" treated wooden corner posts". Sheet 5 of 9 - In the notes below the Fence Detail change the ...an 'H' with steel T-posts every 25', place... to ...an 'H' with steel T-posts every 12', place... Sheet 6 of 9 -Add a note to the Grading and Erosion and Sediment Control Construction Plan Notes to read as follows, "Pond volume shall be verified by a Colorado Registered Land Surveyor or Professional Engineer. A copy of the stamped pond volume survey meeting the minimum design volume shall be provided to the Nazarenus Lateral Irrigation Ditch Company." Sheet 7 of 9 - In the section A-A correct the 100-yr Water Service Elevation and add the 8"W x 380'L x 4'D to the concrete cut-off wall note. • a a • Nazarenus Lateral Irrigation Company Page 3 Sheet 9 of 9 - In the Berm Barrier Wall Detail, show more detail as to how the grouted rip rap will be place down stream of the emergency weir wall. Call out Geo fabric and bedding under the grouted rip rap. Add a note to read as follows, "All concrete shall be CDOT class B, 3000 psi minimum compressive strength within 28 days." Sheet 9 of 9 - In the Detention Pond Outlet Structure and Water Quality Details, correct the pipe size behind the orifice plate. Call out the orifice plate thickness to be 'A" minimum hot dip galvanized. Correct the orifice plate height listed above the outlet pipe flow line. The orifice plate shall be set to match the Drainage Report at .39'. Change the bolts to attach the orifice plate to the head wall to 4- %"diameter stainless steel anchors minimum with tamper proof nuts. Please contact the Nazarenus Lateral Ditch board or me to review the final construction plans for compliance of the required changes. I may be reached at(970) 371-0547. Sincerely,IL • Don Dunker, P.E. S Page 1 of 2 Brad Mueller • From: Brad Mueller Sent: Thursday, July 05, 2007 10:05 AM To: Brian Varrella Subject: RE: Lawley Estates PF-1043 Brian, My apologies— I did have this June4memo in the file. Do you anticipate though giving them a new letter with the revised off-site costs? They are asking me what happens if they just do all the items on the June 9 letter (including pay the $49K, instead of the new amount), and I told them that they would still have to get approval on an I.A. that we can support (with the new cost). Quick update on the ditch company . . . It sounds like they are more or less OK with things. You probably know that Don Dunker was their engineer. I should be able to forward the letter tomorrow. Thanks, Brad From: Brian Varrella Sent: Thursday, July 05, 2007 7:36 AM To: Brad Mueller Subject: RE: Lawley Estates PF-1043 Brad, I have attached a copy of the review memorandum dated June 7, 2007. Please note the applicant has numerous outstanding issues that have not been resolved. Offsite costs are only one item on a list of many. The list is long, but until all items have been resolved, we cannot release a letter of acceptance. Brian Brian K. Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970-304-6496 fax: 970-304-6497 bvarrella(rrt co.weld.co.us From: Brad Mueller Sent: Tuesday, July 03, 2007 3:01 PM To: Brian Varrella Cc: David Bauer Subject: Lawley Estates PF-1043 Brian, • Do you anticipate sending a response letter to the submittal from Shear Engineering on May 9, 2007, for the Lawley Estates PUD application? The applicants have been asking what they need to do to record the plat. 07/05/2007 • FAX TRANSMISSION Brad Mueller Weld County DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 31 PHONE: (9 70) 3572 COLORADO FAX: (970) 304-6498 To: Don Date: July 5, 2007 Fax: 304-6497 Pages: 8 COMMENTS: Please find attached the easement information per our discussion. Please feel free to call with any questions. • Thank you, Brad • 11111111111111111111111 I I 1111111111111 I I 1111111111101 2970917 07/22/2002 11:13A Weld County, CO 917 1 of 7 R 35.00 D 0.00 J.A. "Suki" 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'/ASE'/,) and the Southeast Quarter of the Southeast Quarter (SE'%SE'%) 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". 111111111111111111111111 I I 11111 101111 I I 111111 It I I lilt 2970917 07/2212002 11:13A Weld County, CO 2 of 7 R 35.00 0 0.00 J.R. "Suki"Teukamoto 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 to the lands described hereinabove. • FIRST PARTY: SECOND PARTY: NAZARENUS LATERAL DITCH COMPANY, a Colorado Corporation BY' t:i "1712 1 7c ( E, , Mark Lawley • W : ',A` S awley , ; t ' f4t .. q ,� STATE OF; ORADO 0, SS. • ., ,Q-r E., CCSI TN°$F kaia3d The foregoing instrument was acknowledged before me this IS u--day of July,2002 by l tSr4w,-;Cb.. fal\ as a�c�.n �•l. of the Nazarenus Lateral Ditch, a Colorado'torporation and Mark Lawley and Sherry Lawley. MY HAND AND OFFICIAL SEAL. cr on expires: 5lcass(tm - fir Limn irk • McCARTY % �2�«h�.� s . QP Notary Public F:KFLWAZARENU ' light of Way 8 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) NOR1H 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° U7' 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" EASE, 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; 1111 11111 1111111 11111 III 11111 1111111 III 11111 11111111 2970917 07/22/2002 11:13A Weld County, CO 3 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto I I11111 11111 1111111 LIII III Mt 1111111 III II III!IIII 2970917 07/2212002 11.13A Weld County, CO 4 of 7 R 35.00 D 0.00 J.A. "Sukl"Tsukamolo • 27 ) SOUTH 31° 07' 50" LAST, 348.27 FEET; 28) SOUTH 42° 45' 00" EAST, 206.36 FEET; 79) SOUTH 30° 32' 32" LAST, 162. 14 FEET; 30) SOUTH 14° 43' 04" LAST, 77. 17 FEET; 31 ) SOUTH 01 ° 08' 52" EAST, 494.71 FEET TO THE TRUE POINT OF BEGINNING; SAID EXCLUSIVE EASEMENT CONTAINS 11 .6459 A5RES, 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. 1 : COMMECING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 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 OFSAID 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 CAST LINE OF SAID EXCLUSIVE EASEMENT. LATERAL DITCH NO. 3: THIS CENTERLINE or 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 legal description was prepared on July 18,2002 (^ E: 1o 'r' Gerald B. McRae, Professional Engineer and �� 7 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 01° 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 FEET ; 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 descri.ptlon was prepared on July 18,2002 r C ' . Gtii±, f`f• Gerald B. McRae, Professional Engineer and j Land Surveyor, Colorado Reg. No 6616 % " • ` �G ,q1140 P V,o` t IIIII111111191!IIII�� 2970917 071221 Sukl'T 5 at 7 R 35.00 00 0. J.A. • • • • EXHIBI ( C • Sat FIESIRTIDRI 10YTwWT%ORTV, SCTIOI 4.TONDO*9 IERIH. wax s.VEST or THE at. ..M..Mb WIT, CpiRROD. p carol trim WRC11: 2-I/3!ALINIMM w SC No DLRIIOcto n L.s. 9644 OR 14600. MRTMIEST CORNEA or THE ENT MIP LW THE YNMNST.HEATER: 3-In•• ALI/F IMM CAP SET MO OEFOOCED lI I.S.'L44 ON 1A-2000. m ENT ware'COMM 3-Ill'ALUMINA CAR SET MO IIEEEN:KILO AT 1.5.23513 a 12-rI99*. ® MJTNEST COMMA Of ME SHIIMEST%MRTLR CO THE XNHUST HAI MEA; 3.1/I• AHMINM W SET MO HEMMED R'I L.S. 7213 ON 6-I1-3003. • COETLA COINER CO DR SOUTHEAST HARMR: 3-I/I'ALWIILM CAP SET MO HLr- EROCEO ST 1.5. 7342 EN 6. IT- 3000. Q MROHUIT COINER or ME SOUTHEAST (WARIER O THE SOUTHEAST HAVER: 2-I/3' ALIMIMM CAP SET 610 REFERENCED 97 L.s. 9644 OI 1-SI-1399. • SHIM COWER CARER 3-1/3'µIMIS AI CAP SET MM REFERENCED 9! L.5. 9644 O,1-6-1999. • TWTSMLSI 0700401 Of THE SHIMLAST QUARTER or THE SOUTHEAST BARTER: 2-1/7' ALIMIM.W KT MO MEILMH_ED IV L.S. 9644 HA 1-6-1999. Q SOUTHEAST SECTION CORNER: 3-1/.'ALIIINN CAP SET AM REEEREHCLD 9v L.S. 7212 HI 9-32-1991 i 11d 50I\ / I ! }/e Mt ERst Tvjlcsf/D&tch Section • MRn.A19.h r.M.d:LS 1241 Oohs' Otkotoi4 Described o He.nw.LLnh 5d:Me.4 debar oo/CH 0+1242 Unk1S OIhSMiAs DeboriM& 11111111111 1111111 11111 III 11111 1111111 III 11111 III) IIII ' • 2970917 07/22/2002 11:13A Weld County, CO 6 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto 2 of 2 • EXHIBIT C • NW Car.of Pk. E v= © C'+ce.n•r MIMI ae1'01EiI 242520 .4 o.. SE 4. 1461.01.57.E ISM 63' a 0 \ wli o• =0 0 �4U IrInE 0I— CJ- N � 3y N • \ NE Y1 5E %1 m ACC n Sr"I 1 ^ W T Q f1 ! /y� Y1 o a a ` } 0 w —00 N 0 S ♦ �c r I Ea I m s .--NO W W< I .2 �Nus 'I I o I ora7.........0 in I � r rig G us CC O I , -.7'3 I N r n � I Oe W I P �O� II — �NI\ I Let•r.! G41• b ©C.,t.t Co/.dI e. ___ p NE C.r. .4the • —16. 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LAND SURVEY PLAT I DITCH EASEMENTS . ea I Dace 1 of 2 N. _ _. E.?on CO. N.A. We -E4� 4 64 QIN Alein , • Liepartn erll CF MEMORANDUM • '1*1 RECEIVED TO: Brad Mueller, Planning Services DATE: 07-June-2007 W� O FROM: Jesse Public Works Dept., and C� BriaJ�,_y rella, P.E., CFM, Public Works Dept. COLORADO SUBJECT: PF-1043 Lawley Estates PUD (Final Plan), Drainage Review#2 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. Comments Final Plat: 1. Right-of-way for Lawley Lane has been dedicated to the public. Dedication of rights-of-way and easement language shall be contained in the plat certificates. 2. A written letter requesting a gravel interior roadway must be sent to the Weld County Engineer for approval. If approved, then the plat shall be revised to show a gravel cross section (typical) roadway. 3. The post office box kiosk must be placed inside an outlot that is maintained by the homeowners association (HOA). Please update the Final Plat, and associated construction drawing sheets. 4. The landscaped median at the subdivision entrance shall be placed in an outlot that is maintained by the HOA. Please show and dimension the outlot on the plat. •There are 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. 6. Additional drainage easements shall be provided on WCR 72 and Lawley Lane in conjunction with ditches shown in the construction plans. Construction Plans: 1. A vertical control bench mark shall be shown on the plans. Please reference the appropriate project vertical datum; either NGVD-29, or NAVD-88. Irrigation Ditches: 1. 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 final agreement shall be provided and requirements contained in the agreement shall be reflected in the drainage report and construction plans. Improvements Agreements: 1. 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. Page 1 of 4 7 June 2007 M.\PLANNING—DEVELOPMENT REVIEWD-Final Plat(PF,MF,MJFI\PF-1043 Fawley Estates PUD Fawley Estates Review 6-07-07.DOC 2. 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: • a. 2005 — 188 ADT and 287 ADT b. 2006 — 349 ADT 3. 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. The applicant should amend their proposed agreement to meet the Commissioners zone change resolution using these proportions and costs outlined above. 4. 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. Unit costs for the following items shall be increased as follows: a. Site grading $3.00 b. Street grading $3.00 c. Street base $25.00 d. Survey boxes $500.00 5. Engineering and Supervision Costs shall be 15% of sub-total. Drainage Comments: ❑ Public Works received a Final Drainage, Erosion Control, and Water Quality Report for Lawley Estates PUD (PF-1043) on May 16, 2007. The report was submitted by Brian W. Shear, P.E. #20262, of Shear Engineering Corporation, and is dated May 2007. This report will herein be referred to as the Final Drainage Report. ❑ The Final Drainage Report is stamped, signed, and dated by a registered P.E. licensed to practice • in the state of Colorado. 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. All construction drawings included in the final plan set must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. ❑ Shear Engineering has prepared a good drainage report that is well documented and supported with engineering calculations. Public Works appreciates the clear level of effort that was placed in the report. Please address the few outstanding comments as follows: 1. The applicant has proposed the construction of a pipe under WCR 55, and is required to submit an offsite improvements agreement to Weld County. Appropriate right-of-way permits must be approved prior to construction in the County ROW. a. The outlet of the detention pond pipe may not discharge to or be constructed on private property without the written consent of the affected property owner(s). Please provide copies of all necessary written permission in the appendix of the Final Drainage Report. 2. The Final Drainage Report proposes only partial detention of onsite developed flows. The total property is approximately 114.3 acres, but the subdivision lies on 29.7 acres of the property. Lot 4, as shown on Sheet 6 of 9, is 83.8 acres, and borders the 8-lot subdivision on the north and eastern boundary. a. If Lot 4 stormwater runoff will not be detained, the Weld County Board of County Commissioners must approve a variance from current County Code 24-7-130 and Ordinance 2006-7. b. If a variance is requested and approved by the BOCC, the approved detention pond size and release rate for the proposed 29.7 acre subdivision shall be calculated from the 29.7 acres only. Future development on the 83.8 acre Lot 4 will require a separate detention facility. Please note, the current detention pond and outlet structure for the 29.7 acre subdivision will • be too small for future expansion on Lot 4, and retrofitting of the proposed detention pond and outlet structures will be extremely expensive. Public Works is concerned that Lot 4, if developed, will face significant difficulties trying to route flow from detention facilities on Lot 4 Page 2 of 4 7 June 2007 M'.\PLANNING—DEVELOPMENT REVIEWV-Final Plat(PF,MF,MJF)\PF-1043 Lawley Estates PUD\Lawky Estates Review 6-07-07 D0C to roadside ditches east of the Nazarenus Ditch. c. A note must be added to the Final Plat stating any future development on Lot 4 shall be • required to construct stormwater detention facilities. These future 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) and Ordinance 2006-7. 3. Please provide a figure showing the flowpaths, lengths, and slopes used to calculate the time of concentration (Tc). a. In-house calculations show the 5-year historic stormwater runoff, also known as the allowable release rate from the proposed detention pond, to be 4.56 cfs. This is 9% less than the 4.99 cfs calculated in the current drainage report. Please double-check the historic runoff values, and the associated detention pond sizing. b. It appears the calculated detention volume may include offsite flows. Current Weld County Code does not require the detention of offsite contributions; they may be passed through the system undetained. Please double-check detention calculations to include only the onsite 100-year peak inflow discharge, which shall be released at a rate not to exceed the onsite 5- year historic outflow discharge. 4. Please add an appropriate scale and north arrow to the vicinity map, as per Weld County Code 23- 2-50(C.2). 5. The swales and rundown between Lawley Lane and the proposed detention pond are not designed according to UD&FCD standards. Table MD-2 from the USDCM(UD&FCD 2001) is reproduced in the appendix of the Final Drainage Report. According to this table, proposed open channels shall not be designed with Froude numbers greater than 0.80, and longitudinal slopes exceeding 0.60%, without proper permanent erosion control. Please prove that all channels are stable as designed, or prepare appropriate permanent erosion control (revetment) solutions for these swales. 6. The 11.5% slope on the rundown into the detention pond will require grouted boulders per USDCM • criteria. Please provide engineering calculations to support the appropriate rock size. As an alternative, the applicant may choose another revetment for the rundown if it can be proven stable under proposed topographic and hydraulic conditions. Alternative revetments may include, but are not limited to, articulating concrete blocks (ACBs), turf reinforcement mats (TRMs), or other reasonable solutions that are supported with engineering design calculations. 7. The current design calls for Type-M grouted riprap, per review comments from the Nazarenus Ditch Company, but the size has not been proven stable with engineering calculations. Please check for stability, using a minimum factor of safety of 1.5. a. A self-launching termination key with a design detail is required for any rock riprap protection located on the emergency overflow spillway. Please follow guidance provided in the USDCM, Chapter 4.4.2.4 (UD&FCD 2001). Another useful guide may be HEC-11, Chapter 2 (FHWA 1989). b. The applicant may choose an alternative revetment for the emergency overflow spillway if it can be proven stable under proposed topographic and hydraulic conditions. Alternative revetments may include, but are not limited to, ACBs, TRMs, or other reasonable solutions supported with engineering design calculations. 8. Please provide appropriate permanent erosion control at pipe outlets and inlets, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Engineering design calculations must be provided to support the selection of any and all erosion control measures, and must demonstrate that the proposed designs provide stable channel conditions prior to the establishment of vegetation. a. Please specify the size of all rock riprap protection at all culvert outlets for in the construction drawings, and include rock size (D5o) and apron limits (length, width, and thickness). b. Please provide engineering calculations for all culvert outlets. • c. Riprap outlet protection for culverts must wrap around flared end sections to prevent local erosion and scour around the FES. 9. Please update the culvert calculations in CulvertMaster to utilize FIDS-5 Chart 1, Scale 1 the Page 3 of 4 7 June 2007 M:\PLANNING-DEVELOPMENT REVIEWV-Final Plat(PF,MF,MJF)\PF-1013 Lawley Estate,PUDVawley Estates Review 6-07-07.DOC proposed pipes under Lawley Lane. According to HDS-5, Table 12, the appropriate entrance loss coefficient (Ke) for a flared end section is 0.50 (FHWA 2001/2005), similar to that of a pipe with a • headwall and a square edge entrance. The current Ke value of 0.20 is incorrect. a. The Manning's-n for a CMP shall be 0.025, per the Weld County Storm Drainage Criteria (WCSDC). Please update the analysis for the Lawley Lane culvert crossing. b. All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD research. 10. There must be a minimum drop of 0.1 ft through the proposed manhole on the proposed detention pond outlet pipeline. 11. Please show the 100-year hydraulic grade line (HGL100)for all pipes, and show the energy grade line (EGL100). Ensure that the design provides that the 100-year EGL is at a minimum of 6 inches below the final finished elevation of any manholes and inlet rim elevations, per WCSDC. 12. Please update the SWMM model to show the same pipe lengths as the plan set. Update all other information for consistency with the construction drawings and Final Drainage Report. 13. Please specify minimum driveway culvert sizes for all lots. These culverts may not impede flows in design ditches, and shall be sized according to the WCSDC. 14. Please include a revegetation plan utilizing approved seed mixes published in the WCSDC Addendum. This plan shall be discussed in the Final Drainage Report. 15. Please include all CUHP input and output data in the Final Drainage Report appendix. 16. Please add the following note to the Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." 17. Please show offsite contours for a minimum of 200 ft outside property limits on construction drawing Sheets 1 of 1 (Final Plat), 4 of 9, 5 of 9, 6 of 9, and 8 of 9. 18. Please add a permanent revegetation plan for all disturbed earth. This plan shall comply with all standards defined in the Revegetation section of the WCSDC. 19. Please address all redline comments in the drainage report and on the construction plan drawing contained therein. 20. Please provide a copy of the final Water Service Agreement from the North Weld County Water District, once signed and approved. This agreement shall be added to the appendix of the Final Drainage Report. 21. Please provide a copy of the final ditch agreements from the Nazarenus Ditch Company, once signed and approved. This agreement shall be added to the appendix of the Final Drainage Report. Recommendations The above comments are prerequisites and shall be fulfilled prior to recording the Final Plat. ,, listed a� Final E - .:,c0#10),01 awe te**Aten *nee� n.Lal - u✓tra � 1 \ f 1. '+ T:t*View. ... l al sub . of�a.be N .. , Abe Pub*W k . .. artment prior*retarding the Final Net •PC: Lawley Estates Review 6-05-07.DOC Email&Original:Planner: Brad Mueller PC by Post: Applicant: Sherry Lawley PC by Post: Engineer: Shear Engineering Corporation PC by Post: Surveyor: Coffey Engineering and Surveying,LLC • Page 4 of 4 7 June 2007 M.\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJFI\PF-1043 Lawley Estates PUD\Lawky Estates Review 6-07-07.DOC • May 31, 2007 To Whom It May Concern: The Galeton Fire Protection District has reviewed the addresses below for the Lawley Estates Subdivision located at the North West corner of Weld County Road 55 and Weld County Road 72. We have no conflicts with the proposed addresses. Lot 1 26856 Lawley Lane Lot 2 26860 Lawley Lane Lot 3 26864 Lawley Lane Lot 4 26868 Lawley Lane • Lot 5 26865 Lawley Lane Lot 6 26863 Lawley Lane Lot 7 26859 Lawley Lane Lot 8 26855 Lawley Lane Please feel free to contact me at(970)-454-0681 or 970-566-2510 should you have questions. Sincerely, JD Wyatt Fire Chief • • UNITEDSTATES MI I POSTAL SERVICE EATON POST OFFICE EATON, CO. 80615-9998 06/06/2007 To: Mark &Sherry Lawley 26658 County Road 74 Eaton, CO 80615 970-454-2468 Re: Lawley Estates Delivery Delivery to Lawley Estates has been approved by the Eaton Postal Service. The service mode will be CBU furnished and paid for by Mark&Sherry Lawley. The CBU will be located at the entrance of Lawley Estates with a paved turn around area for the USPS Rural Carrier off of County Road 72 & Lawley Lane. There are no conflicts with the addressing of Lawley Lane with other delivery in the Eaton Delivery area This is a letter of approval by the Eaton Postal Service for delivery to the Lawley Estates subdivision. If you have any questions please feel free to call me. • Thank you, 4ertEHuggins Postmaster Eaton, CO 80615 970-454-2286 UNITEDSTLt POWiL SERVICTESE • SITE PLAN FACT SHEET AND MODE OF DELIVERY AGREEMENT DEVELOPMENT NAME:_Lawley Estates DELIVERY UNIT: Eaton Postal Service ZIP:_80615 DELIVERY UNIT CONTACT :_Robert Huggins PHONE: 970-454-2286 1 : h l:D( )rl')(•)C(;) )... GiC-c)(;) J^.O. �`i .(�(� Ir •)riO (. ..l NUMBER OF DELIVERIES: 8 STREET NAMES: Lawley Lane ESTIMATED DATE OF FIRST OCCUPANCY: ESTIMATED DATE OF 50% COMPLETION: EQUIPMENT (TYPE OF UNITS AND QUANTITY REQUIRED): CBU -TYPE I : TYPE II : X_ TYPE III : TYPE IV : PL: OTHER: MODE OF DELIVERY SELECTED: Rural Route Delivery REMARKS AND SPECIAL TERMS: Equipment Responsibilities: Purchase: LISPS: Customer: X Installation: USPS: Customer: X • Keys: USPS: X Customer: Maintenance: USPS:_X_ Customer: AGREEMENT This serves as an agreement and letter of consent for the establishment of mail delivery. The Developer/Builder/Owner certifies that they have been advised of delivery options. Centralized delivery is selectedfor mode of delivery and this letter certifies that the undersigned Developer/Builder/Owner agrees to assume responsibility for purchase, and installation of local Postmaster approved central delivery equipment and concrete pad. The undersigned understands that location of receptacles must be approved in writing by the local Postmaster. PS: Developer/Builder/Owner/Manager: �s Signature: - / SignaturCt-4- Name: / ati /-AtevCiilV S Name: J Vi e ✓i—�-1 �1'�.�.�)F� Title: IR,SCM.kS7eYL Title: O(ti ^eV Date: 9 O(a e O 5 t 0 �' Date: (D - C? - Q Phone: 9-Q . 454- ZLP,(.O Phone: 6110- q L{ ' 21/4-A(0 C3 Fax: q70 ' Li5 N . 2( 1 Fax: • Rev: 12-14-04 Page 1 of 2 Brad Mueller • From: Brad Mueller Sent: Wednesday, May 30, 2007 11:36 AM To: markc@wyocoffey.com Cc: sherrylawley11@msn.com; Brad Mueller Subject: Lawley Estates -- re-submittal comments Attachments: comments for PF-1043.doc t/22/DE FEvtts% Mark, NOTG; Thank you for your recent re-submittal of items associated with the Lawley Estates PUD Final Plat (Planning No. PF-1043). The re-drawn plat significantly improves on the original submittal; thank you for addressing most of those items. We did not, however, receive responses or updated materials related to most of the non-plat related Conditions of Approval. I had the opportunity to talk with Sherry Lawley about this, and she indicated that she would coordinate with you about which of you will be getting what items to us. Attached is a duplicate copy of the Staff Review Comments from September (2006)for your convenience. The following review comments should be addressed, and re-submittals/submittals made as appropriate: Item 1.A. Evidence of ditch agreement. I have a call out to the Ditch Company to see whether the re-submittal O and letter to them addresses all of their concerns. If they indicate they are generally ok with the responses, then (jatt, this item will be resolved. However, this will remain an outstanding issue if not substantively resolved with this 0,y� ;., • latest round of discussion, and we will then seek your agreement to schedule this with the Board of County Cis;bad Commissioners for resolution. s NEED S'6ucD, Cal. bank. ►1/ 1.B. Please provide a revised Improvements Agreement per comments. •4. 1EviSED {;3 Q(P4LSS INS Witt lee) 1.C. & 1.D Need revised CC&Rs. A final approved copy (once reviewed)will need to be signed and sent to us. Wer r" i 1.E. The re-submittal suggests that there will be no subdivision monumentation sign. Please confirm that this isttt a correct. If correct, please understand that monumentation cannot be proposed later without doing a complete re-c 6E* plat, so if there's any chance that you want one, it's best to provide a tract (with adequate setbacks) now. Also, if O you do plan to eliminate a sign tract, please explain why the road entrance still includes a wide "bulb," as if a median were planned. O MSC, NOT FiA1�SH(e6� 1.F. Public Works continues their review. 1.G Evidence of school cash-in-lieu paid. 0 Mien 1.H. Evidence of HOA formed with the State. 0 N€Eb 1.1. Final signed Water Service Agreement from North Weld County Water District. The copy should not be recorded; we will record the final copy at the same time the plat is recorded. Please provide recording fees of$6 for the first page and $5 for all subsequent pages. a Neer, Olt/GNMAL_ 4- Sj 1.J Evidence that mineral rights have been deeded to HOA. a NGE'� 1.K Evidence from the post office and emergency providers that the street name and addresses are acceptable. / 1.M Documentation addressing how you will adhere to the federal requirements as identified by the DOW. • Q Please note the following comments related to the plat: 05/30/2007 Page 2 of 2 1.N.2 No landscaping plans were added to the plat. Please clarify. • 1.N.3 Please add all Utility Blocks. ✓ 1.N.6 Please include the Right to Farm Statement. Q wiz"r4 G 1.N.7 Please verify that you don't want to reserve land for the possibility of a subdivision sign. O UNau6A1 — 30' £St,fd c 1.N.8 & 15 Indicate the location of the ped shelter (within new Outlot A?), being sure it meets setbacks. o �Q 1.N.11 Addition specific language is needed in the dedication blocks to address this item. You can propose something, or I would be happy to work up something with the Attorney's office. In addition, we need clarification about whether Public Works/Weld County is willing to accept the 30' ROW shown on the east border of the property. 1.N.14 The plat does not recognize the existing easement at Reception No. 2970917, recorded on 7/22/2002. The plat should correspond to this easement, and make reference to the recordation information on the plat. Item 2. Notes EE, FF, and GG are not on the draft plat and should be added. Thank you again for submitting the revised plat. Please advise us of the items noted above, and do not hesitate to contact me with any questions or concerns. Thank you. Brad Mueller Weld County Planning Services 970-353-6100 x3572 • O o ?. nits r' 4 h�I etc 3O' dJ &; - 04 • 05/30/2007 LETTER OF TRANSMITTAL A it: Weld County Dept. of Planning Services Date: 05/09/2007 SHEAR 918 10th Street CORPORATION Greeley, CO 80631 Ft. Collins, Colorado 80525 ATTN: Brad Mueller, Long Range Planner Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado WE ARE SENDING YOU: ❑ Shop Drawings O Prints Q Plans O Samples ❑ Specifications ❑ Copy of Letter O Change order El Other ❑ AutoCAD drawing Files COPIES DATE NO. DESCRIPTION 5 - 2 Lawley Estates PUD PF-1043 5 - 12 Construction Plans For Lawley Estates PUD 2 May 2007 - Final Drainage,Erosion Control and Water Quality Report 1 - 3 Redlined Plat provided by Coffey Engineering and Surveying, LLC 5 05/04/07 1 Response to Comments by Coffey Engineering and Surveying,LLC 2 05/09/07 - Response to Public Works comments(2)by Shear Engineering Corp. • 1 - - Courtesy Copies of submittal transmittals THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approved as Submitted ❑ Resubmit Copies for Approval ❑ For your use ❑ Approved as Noted O Submit Copies for Distribution El As Requested ❑ Returned for Corrections ❑ Retum Corrected Prints El For Review and Comment El For Bids Due ,2007 O REMARKS: Mr.Mueller, Please reference the descriptions above for the items attached. As requested per our 04/25/07 e-mail correspondence we've submitted five Final Plats, five Construction Drawings, and two Drainage Reports. The Applicant is submitting directly to the North Weld Coun Water District and to Ditch m an En ineer as re uested. If you have any qu s or require a atonal information please let me know. Thank you, , • SIGNED �L// /� Brent Balik 17L n 1 /t ;AV'eo cc: Mark and Sherry Lawley l r� r. �t7'�CO,r Ce 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com May 9, 2007 • Project No. 2270-01-07 AR SHEAR Weld County Public Works Department ENGINEERING 1111 —H Street CORPORATION P.O. Box 758 Greeley, Colorado 80632 Attn: David Bauer, P.E., CFM Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Bauer, This is in response to Weld County Public Works most recent review comments noted in a memorandum from Drew Scheltinga to Brad Mueller dated July 24, 2006. Our understanding from Mr. Brian Varrella is that Mr. Scheltinga has assumed the role of County Engineer, and is no longer processing development review applications and that this project will be distributed to the Development Review group through you. Final Plat: I. The title on the plat shall be shown as Lawley Estate PUD PF-1043. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by • Coffee Engineering. 2. 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 O language shall be contained in the plat certificates. R This has been coordinated with Coffey Engineering. Refer to comment reresponses attached by Coffee Engineering. 3. Tract A is not dimensioned and does not match the geometry of the construction plans. The 0 final plat and construction plans shall be coordinated and Tract A dimensioned. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by Coffee Engineering. 4. The 200'radius oil/gas well easements shall be located by dimension. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by Coffee Engineering. 5. There are a 1200' 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. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by • Coffee Engineering. 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com PAGE 2 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 6. 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. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by Coffee Engineering. 7. Additional drainage easements shall be provided on WCR 72 and Lawley Lane in conjunction with ditches shown in the construction plans. R This has been coordinated with Coffey Engineering. Refer to comment responses attached by Coffee Engineering. Drainage: 1. 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 comment is required. C R Please reference the written response to Mr. Varrella's comments dated 07/24/06. The • Drainage, Erosion Control and Water Quality Report also meets the requirements of the Nazarenus Lateral Ditch Company and Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3, October 2006. Construction Plans: 1. A vertical control bench mark shall be shown on the plans. R Acknowledged. Please reference the Cover sheet with the revised Construction Plans by Shear Engineering Corporation. 2. Geometry for the landscape median shall be coordinated with the record plat. R This has been coordinated with Coffey Engineering. Please refer to comment responses attached by Coffee Engineering. 3. 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 provide to Public Works. The final configuration of the School Loading Area (Pedestrian Shelter) shall be approved by the School District. • R Acknowledged. Please reference the revised Construction Plans by Shear Engineering Corporation. The agreement with the Eaton School District is attached for your immediate reference. 7 PAGE 3 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 4. Erosion control measures and construction details are not shown in the plans and must be provided. R Erosion Control measures and construction details are included with the Construction Plans provided by Shear Engineering Corporation. S. 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. R Reference Drainage, Erosion Control and Water Quality Plan for additional notes regarding vegetation and maintenance. R Please reference the Cover Sheet of the revised Construction Plans by Shear Engineering Corporation, General Note No. 22. 6. 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. R Please reference the Storm Sewer Plan and Profile of the revised Construction Plans by Shear Engineering Corporation. Type and size of pipe is specified. Adequate cover is provided. 7. 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. R Please reference the Master Grading Plan of the revised Construction Plans and the Final Drainage, Erosion Control and Water Quality Report by Shear Engineering Corporation. 8. 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. R N/A. Please reference the revised Construction Plans by Shear Engineering Corporation 9. 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. R A street and stop sign is shown with the revised Construction Plans by Shear Engineering Corporation. A sign detail is also included. • PAGE 4 May 9, 2007 Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Irrigation Ditches: 1. 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. R We have submitted the revised Construction Plans and the Final Drainage, Erosion Control and Water Quality Report to the Ditch Company Engineer for review and comment. A copy of the agreement with the Nazarenus Lateral Ditch Company will be provided immediately upon receipt. You will also receive a copy of our response to Nazarenus Lateral Ditch Company responses. Improvements Agreements: 1. 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. R Acknowledged. 2. 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 302 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" 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. R The expected increased level of traffic on WCR 55 generated by Lawley Estates at 9.5 ADT per lot would not create maintenance problems, levels of service, or capacity concerns based on the existing condition of WCR 55. As stated the applicant has submitted an offsite agreement for stabilization of WCR 72. The applicant would like to discuss with staff, the detailed requirements of the additional off-site agreement for stabilization of WCR 55. • PAGE 5 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 3. 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. R An updated cost estimate has been prepared by Shear Engineering Corporation and is attached for immediate reference. Suggested changes have been incorporated. Other unit costs have been provided by bidding contractors. Street and Drainage Facilities Maintenance: 1. 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. R Acknowledged. Storm water drainage facilities and streets will be specifically called out as common elements in the Declaration of Covenants, Article 1, Section 1.12. A copy of the revised Declaration of Covenants will be forwarded to you immediately upon receipt. • PAGE 6 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates PUD most recent review. If you have any further questions or require additional information, please call at (970) 226-5334. Sincerely, Reviewed by Brent Balik Brian W. Shear, P.E. Shear Engineering Corporation Shear Engineering Corporation BWS /bb attachments • cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning Brian K. Varrella, P.E., CFM; Weld County Public Works Nazarenus Lateral Ditch Company Don Dunker, P.E. Alan Overton; North Weld County Water District Mark Corbridge, P.L.S; Coffey Engineering & Surveying, LLC • May 9, 2007 • Project No. 2270-01-07 A eAR Weld County Public Works Department CORPORATIION 1111 -H Street P.O. Box 758 Greeley, Colorado 80632 Attn: Brian K. Varrella; P.E., CFM Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Mr. Varrella, This is in response to Weld County Public Works most recent review comments noted in a memorandum from Brian K. Verrella to Drew Scheltinga dated July 24, 2006. 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. R A new Drainage, Erosion Control and Water Quality Report is being provided by Shear • Engineering Corporation. The Drainage, Erosion Control and Water Quality Report meets the requirements of the Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3, October 2006. It also meets the requirements of the Nazarenus Lateral Ditch Company. You will also receive a copy of our response to Nazarenus Lateral Ditch Company responses. ❑ 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. R Acknowledged. ❑ 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. R We have Submitted the revised Construction Plans and the Final Drainage, Erosion Control and Water Quality Report to the Ditch Company Engineer for review and comment. A copy • of the agreement with the Nazarenus Lateral Ditch Company will be provided immediately upon receipt. Ditch Company approval blocks have been added to the plan sheets that directly affect the Nazarenus Lateral Ditch Company. 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com PAGE 2 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado ❑ The runoff and detention calculations are incorrect in the Final Drainage Report, and do not meet Weld County standards. R A new Drainage, Erosion Control and Water Quality Report is being provided by Shear Engineering Corporation. The Drainage, Erosion Control and Water Quality Report meets the requirements of the Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3, October 2006. o The Final Drainage Report proposes only partial detention of onsite developed flows. Detention must be provided for the entire site, including undeveloped areas. R Detention is provided for the developed area of approximately 29.67 acres which includes Lots 1, 2, 3, 5, 6, 7, 8 of Lawley Estates P.U.D. only. Offsite areas east of this portion have been considered with the detention design. Lot 4 is a large acreage that does not have any significant development affect. Lot 4 is also in a drainage sub-basin that is different than the rest of the 29.67 acre developed portion of the site. Refer to the Historic Drainage Plan. 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). R Acknowledged. detention facility has been sized to detain flows from the 100-year storm • with a release rate not to exceed the 5-year storm. ❑ All proposed swales and culverts must be supported with engineering calculations and details in construction plan sheets. R Please see the new Drainage, Erosion Control and Water Quality Report by Shear Engineering Corporation. ❑ 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. " R The following general note is included on the Cover Sheet: 17. Weld County shall not be responsible for the maintenance of private storm drainage facilities located on private property. R We noticed that this note was not included on the final plat. We will cooridinat with Coffey Engineering and make sure it is included. ❑ Please address all redline comments in the drainage report and on the construction plan drawing contained therein. R No redlined report is being returned. ❑ Please address all items included in the drainage review checklist attached to this memorandum. R We did not have the referenced checklist. We do trust that we meet the requirments of the • checklist. PAGE 3 May 9, 2007 • Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates PUD most recent review. If you have any further questions or require additional information, please call at (970)226-5334. Sincerely, Reviewe , Brent Balik Bn . Shear, .E. Shear Engineering Corporation Shear Engineering orporation BWS/bb cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning David Bauer, P.E., CFM; Weld County Public Works • Nazarenus Lateral Ditch Company Don Dunker, P.E. Alan Overton;North Weld County Water District Mark Corbridge; Coffey Engineering & Surveying, LLC • May 9, 2007 A Project No. 2270-01-07 ENGINEERING RI CORPORATION North Weld County Water District 33247 Highway 85 Lucerne, Colorado 80646 Attn: Alan Overton Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado Alan, This is in response to North Weld County Water District's most recent review comments dated March 23, 2007. In review of the utility drawings: 1. Beginning at the intersection of WCR 72 and 55, after looking at the site the District is concerned that there is a conflict between the proposed storm drain and the two existing 8- inch and one 2-inch waterline(s). The District will need to know the elevation required for the storm drain to determine how much the waterline(s) will need to be lowered. If a plan / profile drawing could be generated for the storm drain, all conflicts could be shown. R Please reference construction plans by Shear Engineering Corporation. Conflicts are shown . and water line lowering is directed based on the exhibit of proposed water line improvements provided by you. The profile of the storm sewer cannot change due to existing conditions including the County Road 72 side road swale and the Nazarenus Lateral Ditch Company requirements. Please coordinate this detail with offsite water line installation design plans that may be prepared by others. 2. Also, the District does not like the configuration of the valves within the intersection and will jointly participate to correct the valve locations and provide the 8" valve stub for the Development. R The Water Service Agreement along with the Offsite Improvements Proposal by the District received on 03/29/07 has been provided to the applicant. Please reference construction plans by Shear Engineering Corporation. 3. Attached is a preliminary design of what the District is proposing and a cost proposal for the work. The cost proposal includes costs to lower one of the existing 8-inch watermain and abandon the other 8-inch and 2-inch waterlines and to temporarily cap the 4" watermain west of the intersection. R Please reference construction plans by Shear Engineering Corporation. These items are now shown on the plans. Thank you for providing the preliminary design exhibit. • 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com • PAGE 2 May 9, 2007 Project No. 2270-01-07 Re: PF-1043 Lawley Estates P.U.D.; Weld County (Eaton), Colorado 4. The District, no longer allows paralleling of pipes in a single roadway if both pipes are smaller than 12-inches in diameter and therefore will require the development to abandon the stretch of 4"from the intersection of WCR 72 & 55 to the entrance of Lawley Estates. R Acknowledged. 5. The District also requires the waterline design to utilize a joint restraint system and NOT thrust blocks as currently shown. R Please reference construction plans by Shear Engineering Corporation. General Master Utility Plan notes are provided. General Note 3 references the requested joint restraint system and reads as follows: 3. Water line to utilize joint restraint system and not thrust blocks. Mechanical joint restraints to be Ford CircleLock Series 1500C, Star Allgrip Series 3600 or PVCGrip Series 3500, Romac Grip Ring. We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates P.U.D. most recent review. If you have any further questions or require additional information,please call at(970) 226-5334. Sincerely, Reviewed y Brent Balik Br W. Shear, Shear Engineering Corporation Shear Engineering ration BWS /bb attachments cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning David Bauer, P.E., CFM; Weld County Public Works Brian K. Varrella, P.E., CFM; Weld County Public Works Nazarenus Lateral Ditch Company Don Dunker, P.E. Mark Corbridge; Coffey Engineering & Surveying, LLC 41 May 9, 2007 • Project No. 2270-01-07 SHEAR Don Dunker, P.E. CORPOERATIION 33504 WCR 53 Gill, Colorado 80624 Nazarenus Lateral Irrigation Company 35490 WCR 61 Gill, Colorado 80624 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado Dear Don, This is in response to Nazarenus Lateral Irrigation Company's most recent review comments noted in a memorandum from Don Dunker, P.E. to the Nazarenus Lateral Irrigation Company Board Members dated August 22, 2006. Drainage Report Comments: 1. 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. • R Soil types have been specified based on the USDA Soil Conservation Service, Soil Survey of Weld County. 2. 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 (H/E RCP), class III minimum 100 foot either side of the centerline of the lateral crossing". R Acknowledged. Please see the new drainage report by Shear Engineering Corporation. 3. 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. R Silt fence has been specified along the entire west side of the Nazarenus Lateral Irrigation Right-of-Way" that may be disturbed during construction. The Erosion Control section of the Final Drainage, Erosion Control and Water Quality report states that silt fence will be installed along the property lines and boundaries defining limits of disturbance including the west boundary of the Nazarenus Lateral Ditch R.O.W. • 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 Fax (970) 282-0311 www.shearengineering.com Page 2 May 9, 2007 • Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado 4. Page 4, Item 3: Include a figure within this report of the FEMA Floodplain information for this area. R The site is not within a defined FEMA floodplain. Reference FIRM (Flood Insurance Rate Map) Community Panel number 080266-0495-C (Panel 495 of 1075; Map Revised September 28, 1982. The Final Drainage, Erosion Control and Water Quality report reflects this data. The FEMA map for this area is provided. A statement in the report discussion concerning the floodplain is also included on Page 2 of the report as follows: 1. The site is not within a defined FEMA floodplain. Reference FIRM (Flood Insurance Rate Map) Community Panel number 080266-0495-C (Panel 495 of 1075; Map Revised September 28, 1982. 5. 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. R Acknowledged. Please see the new drainage report by Shear Engineering Corporation. 6. Include a figure within this report of the IDF table used to calculate the Intensity value. • R Acknowledged. Please see Appendix II in the new drainage report and grading plan by Shear Engineering Corporation. 7. 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 1=2.5. R Detention is provided for the developed area of approximately 29.67 acres which includes Lots 1, 2, 3, 5, 6, 7, 8 of Lawley Estates P.U.D. only. Offsite areas east of this portion have been considered with the detention design. Lot 4 is a large acreage that does not have any significant development affect. Lot 4 is also in a drainage sub-basin that is different than the rest of the 29.67 acre developed portion of the site. Refer to the Historic Drainage Plan. 8. 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. R Acknowledged. Please see the new drainage report by Shear Engineering Corporation. 9. 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. R Acknowledged. Please see the new drainage report by Shear Engineering Corporation. • Page 3 • May 9, 2007 Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado 10. 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 IA"diameter stainless steel anchors minimum. Place a hinged trash rack in front of the orifice plate. Include this detail in the construction drawings. R Acknowledged. Please see the new drainage report and outlet details with water quality structure by Shear Engineering Corporation. This design conforms to Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3, October 2006 (WCSDC) and the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3 (USDCM). Construction Drawing Comments: I. 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 " R A signature block has been added to all sheets that affect the Nazarenus lateral irrigation ditch. The signature block includes the notes referenced. 2. 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. " R This note has been added as a General Note to the Cover Sheet. Page 4 May 9, 2007 • Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado 3. Sheet 3 of 11: label the centerline of the Nazarenus Lateral Irrigation Ditch across from the proposed detention pond. R The centerline label of the Nazarenus lateral irrigation ditch has been added to all sheets. 4. Sheet 5 of 11: Label the Nazarenus lateral Irrigation Ditch Right-of-Way. R The ROW for the Nazarenus lateral irrigation ditch has been labeled on all sheets. 5. 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 72d. R This note has been added to both the Grading Plan and the Drainage Plan. 6. 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 offence in detail sheets. R The Nazarenus lateral irrigation ditch culvert has been labeled in all plan sheets. The note regarding the fence and it's detail have been added to the Master grading Plan sheet 5. 7. 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. R The centerline of the Nazarenus Irrigation Ditch has been shown and labeled and the detention pond has been labeled in both the Grading and Drainage plans. 8. 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. R This note has been added to all sheets. 9. 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. R The berm has been placed as requested. See Grading Plan sheet 5. A large scale detention • pond detail and a detention pond East-West cross section have also been provided for clarity. Page 5 May 9, 2007 • Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado 10. 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 R The concrete cut-off wall has been added to the plans. It will be installed by trenching after dirtwork operations and pouring the concrete in the trench without forming. We would like to further discuss the cut-off wall structure with you. Since this wall is underground, reinforcing should not be required if the wall is 6 to 8" thick. 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. R The centerline of the Nazarenus lateral ditch has been labeled on all sheets. 11. Place a concrete weir wall across the south end of the detention pond a minimum of 4' deep c 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. • R The concrete weir wall has been added to the plan set with a top of wall elevation equal to 4848.72 to allow the weir to operate with the given tailwater condition. 12. Install a type 'M' routed 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. R Type `M' grouted riprap has been added to both the Grading and Drainage sheets and labeled. The detail may be found on Detail Sheet 8. 13. 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 project. R Grading and Erosion and Sediment Control Construction Plan Notes have been added to the Drainage, Erosion Control and Water Quality Plan. The flow fill limits note and the irrigation water interruption note has been added to the storm sewer outfall plan and profile sheet. 14. Show the Nazarenus Lateral Ditch culvert as it crosses Weld County Road 72 and add into the profile view. • R The Nazarenus lateral irrigation ditch culvert is shown on both the plan view and the profile on Storm Profile sheet 4. Page 6 May 9, 2007 • Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado 15. 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. R A 14" x 23" HERCP CL III has been specified. The helical pipe helped to maintain a better separation from the bottom of the Nazarenus lateral irrigation ditch feature. 16. Add a 3' minimum dimension from the top of RCP pipe and bottom of Nazarenus Lateral Ditch feature. R Every attempt has been made to maximize the separation from the top of the RCP pipe to the bottom of the Nazarenus lateral irrigation ditch feature. A smaller profile elliptical RCP (ERCP) has been used instead of an 18" diameter RCP. The pipe slope has been set at 0.50% to the to the east side of Weld County Road 55. All design constraints and parameters have resulted in the maximum possible separation from the top of the RCP pipe to the bottom of the Nazarenus lateral irrigation ditch feature. The separation is approximately 2.64' feet (not including the concrete thickness of the ditch) 17. 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". R This note has been added to the Cover Sheet. 18. How does the roadside borrow pit drain during a rainstorm? Once the pond is full, where will the pond weir overflows go and how will Nazarenus Lateral Ditch be protected? R The pond weir is set at an elevation that allows the designed flow to leave the pond while accounting for the tailwater condition in Section D5 immediately downstream of the weir. From there the flow will continue to the east spreading and overtopping the WCR 55 and WCR 72 as it does in the existing condition. 19. Include an RCP trench and bedding detail. R The RCP trench and bedding detail has been added to Detail Sheet 8. 20. 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. R HGL has been added to the profile on sheet 4. • Page 7 May 9, 2007 • Project No. 2270-01-07 Re: Lawley Estates P.U.D.; Weld County (Eaton), Colorado We trust that this response has addressed all of the specific comments and concerns regarding the PF-1043 Lawley Estates PUD most recent review. If you have any further questions or require additional information, please call at(970) 226-5334. Sincerely, Reviewed -f, Brent Balik Brian W. Shear, ' . Shear Engineering Corporation Shear Engineering orporation BWS /bb cc: Mark and Sherry Lawley Brad Mueller; Weld County Planning • Mark Corbridge; Coffey Engineering & Surveying, LLC David Bauer, P.E., CFM; Weld County Public Works Brian K. Varrella, P.E., CFM; Weld County Public Works Alan Overton;North Weld County Water District • • May 4, 2007 Project No. 1298.00 Brad Mueller, Long Range Planner Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: LAWLEY ESTATES PUD REVIEW COMMENT RESPONSE Dear Mr. Mueller, The following are offered in response to Weld County Department of Planning Services review comments for PF-1043: All review comments have been addressed on the attached plat, with the exception of the following: • N. 5) & 12)—Tract A no longer exists. 0 1 k, N. 14)—The Nazarenus Lateral easements are being dedicated by this plat. The area in the adjacent Lot A, RE 3581 is not shown as an easement due to being outside of the �m—' project boundaries and can not be dedicated by this plat. o'Kr_ S I-re Ter Ncrtc A y µos", 2. The requested notes A through CC have been added to the plat, although the TpE o'C,Kre designation may be slightly different than presented. Se Piet s%ATS And in response to the Department of Public Works comments: 2:°e ur 's"fir' Construction Plans: No. 2; Unless we intend on creating another outlot, the median will not be shown. 7 Sincerely, Mark Corbridge Project Manager Coffey Engineering & Surveying, LLC • mark (' _0e G C13 .co�+� Page 1 of 5 Brad Mueller • From: Brad Mueller Sent: Monday, April 23, 2007 3:59 PM To: bbalik@shearengineering.com Cc: Brad Mueller Subject: RE: PF-1043 Lawley Estates P.U.D. (Final Plan); Weld County (Eaton), CO Attachments: Letter 1 final comments.doc; comments for PF-1043.doc Brent, Thanks for your inquiry. We'll be happy to help you get this wrapped up. We sent the administrative conditional approval on September 9, 2006. (See attached.) All of the Conditions of Approval (pp. 3—8)will need to be addressed to complete the subdivision. Please let me know if you need copies of the referral agency comments. The number of drainage reports, CD's, and any other conditions of Public Works should be determined by contacting them. Three copies of the draft final plat document can be submitted to me, along with a response letter to the Conditions of Approval. These can be dropped off at any time to my attention. Because the subdivision has been reviewed and conditionally approved by the Board of County Commissioners (at the rezoning), it is not appropriate that the legal name of the subdivision be changed at this stage. The legal name should remain as "Lawley Estates PUD." However, there is nothing that prevents a landowner from marketing a subdivision under a different name and, in fact, this is fairly common practice. Please don't hesitate to contact me with any questions. We'll look forward to receiving the items needed to complete this application. Brad Mueller Weld County Planning Services 970-353-6100 x3572 From: Brent Balik [mailto:bbalik@shearengineering.com] Sent: Friday, April 20, 2007 12:46 PM To: Brad Mueller Subject: RE: PF-1043 Lawley Estates P.U.D. (Final Plan); Weld County (Eaton), CO PF-1043 Lawley Estates P.U.D. (Final Plan); Weld County (Eaton), CO Brad, We are pulling this Final Plat/Final Construction Plan Submittal together and are shooting for submitting to the County the first week in May. • Just a couple Questions: 1.The Applicant (our client) has a name change for the P.U.D. Is changing the name on the Final Plat 04/23/2007 Page 2 of 5 and Final Construction Plans submitted sufficient for the name change to take effect? Are there other requirements the applicant needs to be made aware of? • 2.Would you provide us with a Final Submittal checklist for our reference while putting together the submittal package for the applicant? For instance the Number of Final Construction Plans to be submitted, the number of Drainage Reports, Final Plats ect. ect. Reviewing our file I didn't find one. 3.Is there a specific day during the week the County accepts submittals to be routed? Thank you, Brent Brent Balik Shear Engineering Corporation (970) 226-5334 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, March 12, 2007 02:49 PM To: czielke@shearengineering.com Subject: RE: PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO • I faxed you all the referrals—51 pages, fairly long. From: Cindy Zielke [mailto:czielke@shearengineering.com] Sent: Monday, March 12, 2007 1:44 PM To: Brad Mueller Subject: RE: PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO Brad, Our fax number is (970) 282-0311. Thank you, Cindy Zielke Shear Engineering Corporation (970) 226-5334 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, March 12, 2007 01:11 PM To: czielke@shearengineering.com Subject: RE: PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO Brian, Thanks for your note. That is correct— I am the planner on this case. • Attached is the Administrative Review letter that we had sent out. As you will note, the final plat application has been conditionally approved. Conditions include submitting a draft plat, changes to the CC&Rs, etc., etc. Also— I would be happy to fax a copy of all of the referral comments received if you pass along a fax number. 04/23/2007 Page 3 of 5 Additionally, if it is useful to meet in person or talk by phone, I am happy to do either. • We're looking forward to getting this wrapped up. Thanks for any help you can provide. Brad From: Cindy Zielke [mailto:czielke@shearengineering.com] Sent: Monday, March 12, 2007 11:00 AM To: Brad Mueller Cc: Brian W Shear; bbalik@shearengineering.com Subject: PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO Mr. Mueller, We received an email from Kim Ogle (included with this correspondence) stating you are the "point person" for PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO. I am forwarding this email to you because Kim may not have copied you. We are attemping to get County comments specific to this project in word doc. format for reference preparing written responses. If you have other agency comments in word doc. format that would be helpful. Also, below I've listed all comments/correspondence we have on file. Would you be able to, or put us in contact with, someone in the Weld County Planning and Zoning Department that could verify our file is up to date. If you have any questions or require additional information please let me know. • Thank you, Cindy Zielke Shear Engineering Corporation (970) 226-5334 From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Friday, March 09, 2007 05:28 PM To: czielke@shearengineering.com Cc: Chris Gathman Subject: RE: PZ-1043 Lawley Estates P.U.D.; Weld County (Eaton), CO Cindy Sheri has left the County to spend time with her little boys, thus Brad Mueller, Long Range Planner is the point person of contact for this project. His number is 970 356-4000 x 3540 The list of referral contacts is not up to date. Several other changes have occurred. PF-1043 Ken Poncelow Weld County Sheriffs Office 07/27/06 Contact is good PF-1043 Dave Clarkson Dept of Natural Resources — Division of Wildlife 07/24/06 Contact is good • PF-1043 Drew Scheltinga, P.E. Weld County Public Works Department 07/24/06 Contact is good 04/23/2007 Page 5 of 5 put us in contact with, someone in the Weld County Planning and Zoning Department that could verify our file is up to date. • Thank you„ Cindy Zielke Shear Engineering Corporation (970) 226-5334 czielke@shearengineering.com PF-1043 Ken Poncelow Weld County Sheriff's Office 07/27/06 PF-1043 Dave Clarkson Dept of Natural Resources —Division of Wildlife 07/24/06 PF-1043 Drew Scheltinga, P.E. Weld County Public Works Department 07/24/06 PF-1043 Brian K. Varrella, P.E. Weld County Public Works Department 07/24/06 PZ-1043 Peter Schei, P.E. Weld County Public Works Department 11/09/04 PZ-1043 Pam Smith Dept of Public Health & Environment 11/02/04 PF-1043 Peter Schei, P.E. Weld County Public Works Department 11/02/04 PZ-1043 Timothy Unvein Eaton School District RE-2 10/12/04 WE-03-0045 David Noe Dept of Natural Resources —CO Geological Survey 07/18/03 MK-1043 Peter Schei, P.E. Weld County Public Works Department 06/26/03 • • 04/23/2007 Page 1 of 1 Brad Mueller • From: Craig Emil Sent: Monday, August 28, 2006 1:20 PM To: Brad Mueller Subject: RE: Lawley Estates CC&Rs Brad, I do have a copy and I do not have any concerns. Do you have the checklist form that Lee drafted for these covenants, if so ao you cneck'to'see if the last two are complied with? Thanks, Craig From: Brad Mueller Sent: Sunday, August 27, 2006 3:40 PM To: Craig Emil Subject: Lawley Estates CC&Rs Craig, Did we ever send you the draft CC&Rs for Lawley Estates (our Final Rat File No. PF-1043)? I couldn't tell from the file. • If so, did you get a chance to review them? Any concerns? Sorry for any duplicative requests—please let me know if these need to be sent to you. Thanks, Brad • 09/20/2006 3 MEMORANDUM ' TO: Brad Mueller, Dept. of Planning Services DATE: July 24, 2006 W� �• 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 Z'\Clients\L-Clients\Lawley Mark and Sherry\2270-01-07 Lawley Estates\Documents\Correspondence\County Comments\Received 03-12-07\Drew Scheltinga Final Plat Review 7-24-2006.doc 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 • Z\Clients\L-Clients\Lawley Mark and Sherry\2270-01-07 Lawley Estates\Documents\Correspondence\County Comments\Received 03-12-07\Drew Scheltinga Final Plat Review 7-24-2006.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 Z'.\Clients\L-Clients\Lawley Mark and Sheny\2270-01-07 Lawley Estates\Documents\Correspondence\County Comments\Received 03-12-07\Drew Scheltinga Final Plat Review 7-24-2006.doc • , tar:ar: MEMORANDUM TO: Drew Scheltinga, P.E., Public Works Dept. DATE: 24-July-2006 ID QC. FROM: Brian 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 ❑ 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. ❑ 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. • ❑ 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." ❑ Please address all redline comments in the drainage report and on the construction plan drawing contained therein. ❑ Please address all items included in the drainage review checklist attached to this memorandum. Recommendations ❑ 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. il= i. itstf i ...•_. (fit- Ill ii r il i ...,I i q i iftintid �� iccois1 {i �Xk. Iii i� r, Gt gj_ f...`1=C' Yist ! 'X titz±rEt TIrti-n br-FyT rd i ' rLC ii.&4i; t!' Tfra ;`t�!Lrsti .4X=:. Fn1 a1 frifi`tt (IT P— 1 FY+ !`I -_{rtral t ivt1 'I _ALA 1k41 FXtit,.t,C y � itltC` iQ !fcliat 4coi p'. X sinai' d Zt �ti�i iif�.L a'1 �_i iYC[� CICii -1 (iing ill"-tt;A V44 dill (LOA l:1 , t, corN tidurtu=l gig, 411 7W OE ry, e Eo'u K� _ wim - '�S tJS _ —t-, Yop'U.�nm Q0 - a. P}}L 0n_ ml vax x Eu - .E, ca:;,-- ° II:!! 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LAWLEY ESTATES PUD Case # PZ-1043 (Change of Zone from Ag to PUD) Developer: Sherry Lawley SE4 4-6-64 Planner: Sheri Lockman ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0495C) NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS POUDRE VALLEY REA INDIVIDUAL PROPANE HEAT GALETON FPD WELD RE2 SD QWEST COMMUNICATIONS EATON PO 7 RESIDENTIAL LOTS W/1 AG OUTLOT PRELIMINARY ADDRESSING - 11/16/04 Lot 1 26856 Lawley Lane • Lot 2 26860 Lawley Lane Lot 3 26864 Lawley Lane Lot 4 26868 Lawley Lane Lot 5 26865 Lawley Lane (AG outlot) Lot 6 26863 Lawley Lane Lot 7 26859 Lawley Lane Lot 8 26855 Lawley Lane • Lin Dodge, Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 11/16/04 FIELD CHECK Inspection Date: 1 It 2- ( tC, Applicant: Case #: PF /8 c(3 Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning j Land Use N A I N E • IS W Wi A Comments: to// c✓ 6t-h rrf o , ) M , Signature ❑ House(s) ❑ Derelict Vehicles ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops E Site Distance ❑ Wetlands E Mobile Home(s) ❑ Oil & Gas Structures • ❑ Other Animals On-Site E Wildlife ❑ Water Bodies ❑ Utilities On-Site (transmission lines) E Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. 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