HomeMy WebLinkAbout20071269.tiff iett, MEMORANDUM
Wi` a TO: Board of County Commissioners April 4, 2007
FROM: Michelle Martin
COLORADO
SUBJECT: USR-1579
The applicant for USR-1579, Annette Hunt has addressed the following item prior to scheduling a Board
of County Commissioners hearing:
The applicant has not delineated any on-site sign(s). If on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. If the
applicant does not notify the Department of Planning Services, the sign shall
adhere to Section 23-4-90.A and .B of the Weld County Code. Furthermore, the
location of the sign, if applicable, shall be delineated on the USR plat. The
applicant has indicated in a letter date 2/6/07 that no sign will be erected on
site.
II. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance
with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. The applicant has
indicated in an email dated 4/3/07 that they would like this condition to be
moved prior to recording the plat.
III. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources, demonstrating that the well is
appropriately permitted for the commercial use. Evidence of such shall be
submitted to the Weld County Department of Planning Services. The applicant
submitted a commercial well permit no. 65456 to the Department of
Planning Services on 4/2/07.
IV. The applicant shall submit a Landscaping/Screening Plan to the Weld County
Department of Planning Services for review the plan shall include a list of
landscaping materials and their size. The applicant submitted to the
Department of Planning Services on 3/5/07 a landscaping/Screening Plan
that illustrates a 6'chainlink fence with a row of Russian Olive trees around
the business.
EXHIBIT
E
2007-1269 *1 "1-
LOPEZ LAW OFFICE
RICHARD V.LOPEZ (303)415-258:
ATTORNEY AT LAW FAX(303)415-093;
4450 Arapahoe Avenue e-mail Mopez@aol.con-
Boulder,Colorado 80303
February 6, 2007
BY FAX AND MAIL
Ms. Michelle Martin, Planner II
Weld County Planning Department
Department of Planning Services
4209 CR 24.5
Longmont, CO 80504
RE: Hunt Special Review Use Application
Dear Ms. Martin:
In my work to comply with the condition of approval requiring an agreement with the owner
of the oil and gas rights, I learned that the original title research was incorrect. Union Pacific am t
its successors, Anadarko Land Company, only retained the coal rights to the property now owned
by Annette Hunt. The oil and gas rights are owned by Annette Hunt. I hope this correction will
eliminate condition B of the recommendation. Please confirm.
As we stated at the planning commission hearing, no sign will be erected,thus eliminating
Condition A. An application for a commercial well permit was filed with the State and we ar
awaiting for approval. (Condition C). Lastly, our site planner is preparing the Landscaping plan
which will locate and describe the landscaping materials and size.
Witt regard
riV,
l ichard V. Lopez
RVL/mt
cc Annette Hunt
enclosures LLO letter to Land Title 1/31/07
Land Title Amended Schedule
LAND TITLE GUARANTEE COMPANY
ENDORSEMENT 110 . 3
Case PC26061174
Policy TAGR25061174
Loan # 122663420
ITEM NO. 3 OF SCHEDULE B IS HEREBY AMENDED TO READ AS FOLLOWS:
RESERVATIONS MADE BY UNION PACIFIC RAILWAY COMPANY, IN DEED RECORDED SEPTEMBER 2:.,
1885, IN BOOK 50 AT PAGE 1006, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING IIN'.'O
SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE O]'
LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO
SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING Or
ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF
COAL FROM SAME.
THE FOLLOWING ITEM IS HEREBY ADDED TO SCHEDULE B OF THE POLICY:
10. OIL AND GAS LEASE RECORDED APRIL 19, 1971 UNDER RECEPTION NO. 1565977 AND AIM
AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED
AUGUST 6, 1975 UNDER RECEPTION NO. 1666576.
This endorsement is made a part of the policy or commitment and is subject to
all the terms and provisions thereof and of any prior endorsements thereto. Except
to the extent expressly stated, it neither modifies any of the terms and provisions
of the policy or commitment and prior endorsements, if any, nor does it extend the
effective date of the policy o::- commitment and prior endorsements or increase the
face amount the of.
Countersigned:
�A'thoriaed •ffic-r or Agent
Representing THE TALON GROUP, A Division of First American Title Insurance Comr any
LOPEZ LAW OFFICE
•
RICHARD V.LOPEZ
ATTORNEY AT LAW (303)413 2:.85
4450 Arapahoe Avenue PAM(303)415-0S 32
Boulder,Colorado 80303 a rviopea@myo Mn
January 31,2007
BY FAX 970-282-3652 AND MALL
Land Title Guarantee Company
Final Policy Department
4700 E.Bromley Land, Suite I0I
Brighton,CO 80601
RE: Title Insurance Policy for 13498 Weld County Road 6.Fort Luoton.CO 80621
Dear Land Title:
Attached you will find a title insurance policy for my client's property located at 13498 Wel i
County Road. (Copy attached),I have been trying to confirm the reservation of oil, gas and coal
interests referenced in paragraph 3,page 2 of Schedule B. In your notations,you state that oil,gar'
and other mineral were reserved by Union Pacific. I have spoken with Union Pacific's successor,
Anadarko and learned that only they coal rights wens reserved.
MollyBuchanan,Esq.attorney for Anadarko provided the following information that shoulcI.
help you correct the title insurance policy to more accurately reflect that Anadarko only retains the
coal rights,not the oil and other mineral rights,
Union Pacific to George A.Manful;August 31, 1885,recorded on
September 25, 1885 at book 500,page 106.
Please verify this conveyance that conveyed to Mr. Manfull and his successors in interest,
the mineral rights to oil and other minerals. This conveyance should note that Union Pacific only
retained the rights to the coal underlying this property. If you have any questions,please contact me
directly. Thank you.
Sin l
li
k ichard V.Lopez
RVIJmt
cc Mr. &Mrs. Hunt
Page 1 of 1
Michelle Martin
From: Michelle Martin
Sent: Tuesday, March 06, 2007 9:32 AM
To: 'Rvlopez@aol.com'
Subject: RE: Hunt
Hi Rich,
It appears from your letter dated 2/6/07 that union Pacific still owns some of the minerals under the
property in question (USR-1579) therefore, condition 1.B of the resolution will still need to be
addressed. The applicant can request to have this condition moved prior to recording the plat. Please
let me know how you would like to proceed.
essa
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
From: Rvlopez@aol.com [mailto:Rvlopez@aol.com]
Sent: Tuesday, March 06, 2007 8:55 AM
To: Michelle Martin
Subject: Hunt
We received a request for an additional two forms from the State Division of Water Resources. We are
fortunate in that the Hunt property is located in a non tributary ground water area, the Laramie Fox Hill Aquifer.
There will not be any limitation on uses. I'm preparing these forms now and will be sending these forms to the
State shortly. Rich
LOPEZ LAW OFFICE
4450 Arapahoe Ave. #100
Boulder, CO 80303
303-415-2585 (phone)
303-415-0932 (fax)
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
03/06/2007
Page 1 of 1
Michelle Martin
From: Rvlopez@aol.com
Sent: Tuesday, April 03, 2007 11:47 AM
To: Michelle Martin
Subject: Re: FW: Hunt
Sorry, We will record the condition prior to plat. Please schedule the hearing. Thank you. Rich
LOPEZ LAW OFFICE
4450 Arapahoe Ave.#100
Boulder, CO 80303
303-415-2585 (phone)
303-415-0932(fax)
See what's free at AOL.com.
04/03/2007
LOPEZ LAW OFFICE
Ric II ARD V.LOPEZ (303)415-2585
A I r(RNLY A LAW FAX(303)415-0932
4450 Arapahoe Avenue e-mail rvlopez@aol.com
Boulder,Colorado 80303
March 29, 2007 dYeO'n
e10
BY FAX AND MAIL SO�I6 °/a�
Ms. Michelle Martin, Planner II 4p,p,
Weld County Planning Department R O 2 //0/iVQ,1f4ient
Department of Planning Services 4$4. 4... eo01
4209 CR 24.5 r/fr
Longmont, CO 80504 ea
RE: Hunt Special Review Use Application
-^ Dear Ms. Martin:
Enclosed you will find a copy of the well permit issued by the State Engineer. This should
complete the conditions of approval recommended by the Planning Commission. Please schedule
the hearing by the County Commissioners. Thank you.
Ad
gards
V. Lopez
RVlJmt
cc Annette Hunt
enclosures State well permit
s t rlet NI'. OFFICE OF THE STATE ENGINEER
w COLORADO DIVISION OF WATER RESOURCES
II ill Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203
(:Jt',3)BFi?;.Ma1
^ , --_.._.._._.__._.�_._.. : %C,''�'i(.
WELL PERMIT NUMBER 65456 :'F.... ..._..:..... ... I
:�i'f'I.iCl�Nl` DIV. 1 WO 2 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 NE 1/4 Section 29
ANNETTF.: iltINT Township 1 N Range 66 W iixth P.M.
1349f!WCR 6 DISTANCES FROM SECTION LINE
1.2f t UPTON,co 80621- 100 Ft.from North Section Line
2540 Ft. front East Section tine
t. t UTM COORDINATES LMeters.!_o;te;i:1 NAi)831
4E EXISTING
Easting: Northing::C:fsi?.f5iCiF' -fn. USE OF' WELL,
1 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER FRIGI-i r
QQNDITIONS OF APPROVAL
Ii; f bi;vml.shelf he:rsad in such a way as to cause no material Injury to existing water rights. The issuance of this permit does not<rererr,n that
! r:u infu,y wit oe:cur to another vested water right or preclude another owner of a vested water right from seeking relief in a cii'l cellist.s:•v;;n
I :) role.r-utisblle:tin I of rills wart shall be in compliance with the Water Weil Construction Rules 2 CCR 402-2,unless approved of ci variance hots I
i been qearitet i by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in eseerrience with rem ir;l. I
( .;i Approve()purse:Jet to idea;31-90-137(4)and the findings of the State Engineer dated.rr( 2 1.14,. . 7tor th'use of ne existing •
wt+i1 eimi elitK lert;ewer permit no. 1132043. !
i '` I he a:reef c a emendwet:tr from.this;well is limited to commercial. I
et The.lnunµo-tif 1.31e:of this v:ull shait not exceed 15 GPM. I
.r i t.` !he average annual amorist of ground water to be appropriated shall not exceed 1.3 acre-feet. I
1 Pruduclion is limited to the;Laramie Fox Hills aquifer.
I h) • it:+tnrtire tength of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground Water f riin s. I
>ri the:owr:er shall mark t`a well in a conspicuous place with well permit number(s),name of the aquifer,and court ease('141t'•boits)e:r:
ilpI keeeFite. rhf-erwtier shall take necessary means and precautions to preserve these markings. i
?c,) :it:•.rtdi••.iaq env/meter must he installed on this well and maintained in good working order. Permanent records of all diver:;iem':knelt two 1
maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request.
t 1 ee flee wet!jraull be located at least 630 feet from any existing well,completed in the same aquifer,that is not oweeri by the applicant. !
his ti,.iii,;I,;ill lett lot and eic more than 200 feet from the location specified on this permit. #
l%) ette;+ee, re!ek i 3r-90•131(9)(b)and the Denver Basin Rules,no more than 98%of the nontrlbutary ground water wits;ttrtfwrl;,ante+U;.,,h tli ;
t,e•rellesirrat ei:nil the wei!ovens shall demonstrate to the reasonable satisfaction of the State Engineer that no more then 913%.1f the e::;ir e i
i withdrew:I will em cortsurned. 1
? i':I (Iris'sail 7::.suhlrrci to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and re+Yulati::u..
' 1'•t s.late ieeine.ser el Itie:-psnnil hereby cancels permit no. 182043.
O i i l lie:'h'ilily ot iliii. ,',roll to withdraw its authorized amount of water from this non-renewable aquifer may be le:,;than the 1I I)ereee
wee•.tiriee ties a:tielent or wale(re the aquifer is allocated,due to anticipated water level declines. I
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I F.'l'r.,: Vf:t.t joblios .f ....._lied Z .qv
State Engineer By
ittr.'t eipt.Ni1s. 3G130G7______ _..__..___..DATE ISSUED 03-21-2007 EXPIRATION DATE __ ..._..- .-......,.. ...
1 rt OEM;--BSB-EDE au `sast. cl..ra4uD Ej 'g a a't•]l.: :f is 1.0 t:;:? •l,` :
APIIITPNAI,INFORMATION R GARDiNG WELL CONSTRUCTION AND WELL ABANDONMeler F E(:Ui.t\'l,IiiNS.
WELL.CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well arii.i/ra in:;r.•ill
the pomp yourself if the well is entirely for your own use, is on property you own, and is constructed. or p&in'p eorripnro;e r
installe !,with equipment owned and operated by you,and provided you have passed a required examination as lr.o:•rc ibna
the:State Board of Examiners of Water Well Construction and Pump Installation Contractors("Board"). It is your rmrponsibility is
complete and submit the Well Construction and Test Report(Form No. GWS-31)and/or the Pump installation Hirai rent Fink irn r
(t non No. GWS.32.). These forms are available from our website at the fultowinr;f
Iitted/www.wateestate.coarsikubs/welifonns,asci,es fate..coarsikiubs/welifonns,asci,or from any Division of Water Resources office. The well must ix>cortstructe.
:Arid the pinup installed in accordance with the well construction standards of the Board.
iri a WATER WELL. CONSTRUCTION RULES state that all wells of this type must be disinfected after t;& l;lir:fin.i ar'at nee:
ul,:jrl; Ili:ot:^11iL►tle�rt.
'IN.,WATER WEI t..CONSTRUCTION RULES and the BOARD OF EXAMINERS RULES can be obtained from our wel►;:its..,
tr,ilc)V,•Iiicr link: illtfr./Nyww.water,st3.te.co.us/bpe/, or purchased from any Division of Water Resource: office for:+.1. ,rr::efi e.
ore mie:s cover well construction,pump installation, disinfection,abandonment and contractor licensing regulalione ii yin 1..alts
c:Ill s-tins•.tl% your own well or installing pumping equipment, it is recommended that you obtain a copy ni thaw r:nk;e.:
;cele;rieri::t2
WELLS TO BE_PLUGGED AND ABANDONED MUST BE PLUGGED IN ACCORDANCE WITH RULE 16{Stdnytlie tdf .s-'�s►.t;
OF THE WE L1..CONSTRUCTION AND PUMP INSTALLATION RULES. A WELL ABANDONMENT REPORT,
rot-cm NO. GWS-St,MUST BE SUBMITTED TO CONFIRM THE PLUGGING OF THE WELL 1 his form is available from...re..
weosite.a tli:a Mirk stated in the first paragraph on this page,or from any Division of Water Resources office.
tt,i.iL 9 i ANDARDS FOR PLUGGING,SEAUNG,AND ABANDONING WELLS AND BOREHOt_cE
15.1 General - The plugging, sealing and abandonment of all welts, monitoring and observation wells, rrmonitorri g ;,rill
ntaseirvatir►n holes and test holes that are no longer intended for use,and the plugging,sealing, and abandonment of!Ay hoes:,
collapsed apsed or unusable borehole s, and other incomplete wells or excavations is necessary to prevent contamination of gamire..l
water arid the migration of water through the borehole. It is the ultimate responsibility of the well owner to have an existires well
properly I:lueged, sealed and abandoned. The well construction contractor or authorized individual is responsible for notilyioa
ter:well owner in writing of these plugging requirements.
lt'i.1.1 In the event a borehole(s)is not completed for the Intended purpose,the contractor will notify the well i Diener,a
the weil owner's responsibility for the proper abandonment of the borehole(s)according to Rule 16.1. If the well reviu•'.i does Mil
ne to allow the contractor to abandon the borehole(s), the contractor shall notify the Board of Examiner.;, in writing, of the.
vxi:steca:e of the borehole(s)and the contractor's effort to notify the well owner of the well owner's abandonment:ie`ilic:n:silailila,:.;
c:r•der Role 10.1
16.1.2 Persons authorized to install pumping equipment may plug, seal and abandon wogs that do not require lli
icetrroval of casing that penetrates more than one aquifer or the ripping or perforating of casing opposite confining layer:;..
16.1.3 Materials used for hackfiliing shall be clean,inert,and free from contaminants.The well casing may be era nit
i.nlrrw land surface so that it will not interfere with the anticipated use of the land. If the casing is cut off below land stiafac.:n,felt.
iiepornoet Jive(5)feet of the remaining casing shall be filed with grout or a watertight cover shah be permanently r tee ied to
itio remaining casing and the excavation shall be tilled with materials that are not more permeable than the sunotiFidt rg sorbs
r act iiiratelyc:,rnp.it:tec.l to prevent settling.
(i.2 Weetls or Uoreholes in Type II and Type Ili Aquifers -Wells completed into unconfined aquifers and irrrccerontidatere
strait bo plugged,sealed and abandoned by filling the well to-the static water level with drill cuttings,clean:-;ri ill;rr r.le:.'l:i
cler:ry.:t, then with clean native clays,cement or high solid bentonite grout to the ground surface. The uppermost five: (:i)feet of
c:t.r Inc;,+.ati.,ttf he titled with grout or a permanent watertight cover shall be installed at the top of the casing. If c: I:,ir,i i°;: er;►„wee.
hole. sfial; be filled as described above to within five(5)feet of the ground surface. The top five(5)feet of rho lion) •
Mien with materials less permeable than the surrounding soils that are adequately compacted to prevent settling
16.2.1 L)ewateinq wells, horizontal drains, monitoring and observation holes, percolation holes, trcreururire:• ivalre:>,
sr.nva, test holes and dry holes shall be plugged,sealed,and abandoned either pursuant to Rule 16.2 or by rcruovirrg all a aslit:r
at was installed and by filling the hole(s)with drill cuttings,clean native clays,cement or high solid bentonite grout to Whirl lit e!
t5)fete of the ground surface. Me top five(5)feet of the hole shag be filled with materials less permeable th.~:,ri the ecureastifiri'a
soils that are adequately compacted to prevent settling.
tea wells or E3orehofes in Type I Aquifers - Wells which were constructed through more than one aquifer r:holl lie
plugged and seared by placing a cement grout plug at the confining layer above each aquifer. If records do riot show that Um
:easing opposite er;r.,ir confining layer has been grouted when originally installed,the casing shall be either completely removed
horn the hole, or perforated or ripped opposite such layer prior to placing the grout plug. Plugs shall he no kiss deur ferry(.Dirt)
feet in length and serail he&slurren to withstand the maximum potential hydrostatic pressure differential between(l;r ;el:tilers
(:re ,veil r::'asirtg, except for the grout plug intervals,shall be completely filled to the land surface with clean native relays,I:current
r., roue,relics bentonite grout.A watertight cover shall be permanently welded or attached to the top of the casing.
,, d ei;OE--GSs-cOc of i `sasiudJa%u3 U 1 a eat: =Go :..t1 f',' ..j•:t.r
FINDINGS OF THE STATE ENGINEER
IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CHANGE THE USE (')f•
AN FXISTING WELL. IN WATER DIVISION NO. 1, WELD COUNTY, COLORADO
APPLICANT: ANNETTE HUNT
AQUIFER: LARAMIE FOX HILLS
PERMIT NO.: 65456-F
In compliance with C.R.S. 37-90-137(1) and the Statewide Nontributary Ground
i"bater Rules, Annette Hunt, (hereinafter "applicant") submitted an application for a
permit to change the use of an existing well. Based on information provided by the
applicant and records of the Division of Water Resources, the State Engineer finds .as
follows:
1. Me application was received complete by the State Engineer on March 8, 2007
2. The; applicant proposes to change the use of the existing well constructed in the
NW1/4 of the NE1/4 of Section 29, Township 1 North, Range 66 West, t-itch
Principal Meridian.
3. The existing well is located outside the boundaries of a designated ground water
basin.
t. Th applicant proposes to apply the water withdrawn from the well to the following
heir :ficial uses: commercial
5. The proposed maximum pumping rate of the well is 15 gallons per minute, and the
requested average annual amount of ground water to be withdrawn is not specified
on the application.
6. '1-he applicant is the owner of the land on which the well will is constructed.
t I lie existing well would withdraw ground water from the Laramie Fox Hills Agnii r
(hereinafter"aquifer"), which, according to the Denver Basin Rules and site specific
information, is located 735 feet to 975 feet below land surface at the location of the
proposed well.
=r. The location of the proposed well is more than 600 feet from any existing well
completed in the aquifer.
u According to a sworn statement, the applicant owns, or has consent to withdraw
;�cnund water underlying 4.95 acres of land as further described in said statement,
which is attached hereto as Exhibit A.
11.;. Withdrawal of ground water from the aquifer underlying the land claimed by the
applicant will not, within one hundred years, deplete the flow of a natural stream at
an annual rate greater than one-tenth of one percent of the annual rate of
r. " ,tE:06--BS9-EOE oil `sasx.ad..ialu3 u '8 Q E'f,r; ;,tail
Applicant:Annette Hunt
Aquifer: Laramie Fox Hills
Permit no. 65456-F
withdrawal and therefore the ground water is nontributary ground water as define
in C.R.S. 37-90-103(10.5).
11. In considering whether the requested permit shall be approved the provisions ul
C.R.S. 37-90-137(4) and the Denver Basin Rules shall apply. Withdrawals shall be
allowed on the basis of an aquifer's life of 100 years, C.R.S. 37.90-137(4)(b)(l).
12. The quantity of water in the aquifer, exclusive of artificial recharge, underlying the
4.95 acres of land described in Exhibit A is 130 acre-feet. This determination was
based on the following as specified in the Denver Basin Rules and according to site
specific information:
a. The average specific yield of the saturated aquifer materials underlying the
land under consideration is 15 percent.
h. The average thickness of the saturated aquifer materials underlying the land
under consideration is 175 feet.
13. A review of the records in the State Engineer's office has not disclosed that there
are any existing wells or other water rights claiming or diverting ground water from
the aquifer underlying the land claimed by the applicant, except for well no. 182043
143
which is the subject of this application.
Based on the above, the State Engineer finds that there is water available for
withdrawal by the existing well and no material injury to vested water rights would result
tram the issuance at the requested permit subject to the following conditions:
a. The allowed average annual amount of water to be withdrawn from the aquifer
by the well shall not exceed 1.3 acre-feet (the quantity of water which is
considered available divided by the 100 year aquifer life)
b_ The well shall be located no more than 200 feet from the location specified on
the permit application.
c. The applicant shall submit geophysical and Ilthologic logs for the well.
d The maximum pumping rate of the well shall not exceed 15 gallons per minute.
e. A totalizing flow meter must be installed on the well and maintained in good
working order. Permanent records of all diversions must be maintained by the well
owner (recorded at least annually) and submitted to the Division Engineer t.ipoir
request.
f. Production is limited to the Laramie Fox Hills Aquifer.
q. Pursuant to C.R.S. 37-90-137(9)(b)and the Denver Basin Rules, no more than
,98% of the r iontributary ground water withdrawn annually shall be consumed and
the applicant shall demonstrate to the reasonable satisfaction of the State
Engineer that no more than 98% of the water withdrawn will be consumed.
tr 'd aE:0E--6S9-EDE OHj `sasiudJaqu3 kJ 1 a eLE :G['I
Applicant: Annette Hunt
Aquifer: Laramie Fox Hills
f'ernnit no_ 65456-F
h. The owner shall mark the well in a conspicuous place with appropriate well
permit numbers, name of the aquifer, and court case numbers. He shall take
necessary means and precautions to preserve these markings.
if Dated this ____ 27 2 Y'�� day of 2.0„O,/
•
Hal . i pson
State Engineer
By: i`lijf��
Kevin Rein
Chief of Water Supply
Colorado Division of Water
Resources
Prepared by: JLM
Form:0546(o)
-6q9-EOE a 'sastjdua u it � 3 El 1 fI E'L.E' -BSn tit
Form No.
GWS-23 Information for Non-Exempt 37.90.137(4)l'c rrni(s
fi/2.00t' STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
821 Centennial Building. 1313 Sherman St., Denver, CO 80203
(303)866-3581 Fax(303)866-3589
Tf;IE l SUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT,
Ullofl Permit information for permits approved pursuant to CRS 37-90-137(4) (Irrigation,Cornrnercial, In(Justiir.il,Municipal:a:,k.i
oil aer uses), Please note carefully the conditions of approval on the attached copy of your permit- The condition:., nisi no
oxuplir:ct rwif;ti in areler for the permit to remain valid.
f i tF: i'l:RMl I EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. The well permit number ie
located in the tipper right hand corner of the permit,and the expiration date is located in the lower right hand con ler
(he well !Wit be constructed and/or pumping equipment installed, and a WELL CONSTRUCTION AND
TEST REPORT(FORM NO. GWS-31) and a PUMP INSTALLATION AND TEST REPORT WORM NO..
GWS-32) rec:.eived by the Division of Water Resources prior to the expiration date of the pertuit..
TitlE WEI I. MUST RE CONSTRUCTED AND THE PUMP INSTALLED BY CONTRACTORS WITH CUmay.N y
I.ICENSE(:.i) ISSUED BY THE STATE OF COLORADO unless exempted as described below. The weir
exeletreu:tiarr at id pump installation reports must be submitted to the office of the State Engineer withir eiely (6(er
drays ut completion of the work or prior to the expiration date of the permit, whichever i.5 cearlit:e,, Your
must preside you with a copy o₹the work report(s) filed with the State Engineer. The Well Construction and la:
tie:port er►e the Pump Installation and Test Report forms are available from our wehsite at the tollewi.rrq lirrt
ittp.liwww.welter,styate..c o.us/pub/weilforms,asp,or from any Division of Water Resources office.
You have been provided with at least one copy of the well permit Keep a copy for your records. You will
need to make additional copies for the well construction contractor, if you select one different from the one
indicated in your permit application, and the pump installation contractor.
I he following, and other requirements are spelled out in the Statewide Nontributary Ground Water l'cile . leenr;
are available from the Division of Water Resources offices.
• it the name and license number of the Colorado licensed well construction contractor was not specified en tee
well hermit application,or has changed,the permittee must notify the State Engineer in writing et the ra:urie and
license number of the contractor on a NOTIFICATION OF DRILLING CONTRACTOR (Form No. c:GrW ::'t) -t
Iu%13t'ail days prior to commencement of construction of the well.
• It a well permitted pursuant to C.R.S. 37-90-137(4) will not be constructed and/or pumping equipment installer.
prior to the expiration of the permit, the permittee may submit to the State Engineer a REQUEST FOR
EXTENSION OF EXPIRATION DATE (Form No. GWS-22). The expiration date of the permit may iw4:
e?x(enrk'd one /into only for a period not to exceed one year. If an extension of time is necessary le e:4i!!?il,i(it.'
the well and/or install pumping equipment,you must the the written request on the form or by letter to tlai;e)ltia a7
akmq with a $(ie.J filing fee prior to the expiration date. In the request, it is necessary to provide reelcc n..) v'hy
the well cannot be constructed and/or pumping equipment installed prior to the expiration date. The rot:lruesi
must be received by the Division of Water Resources prior to the permit expiration date.
Metering and Reporting Withdrawals from Wells Permitted Pursuant to C.R.S. 3/-t1U..137(1): Ir :u,:,
actininisleer these wells, the State Engineer shall require the permittee to install and maintain a totalizing floe met.
Icy meesure all withdrawals from the well. As a minimum, the meter shall be installed according to rnantrfacfnir ar:;
recommendations and shall contain sufficient recording digits to assure that"roll over"to zero does not occrit e ithie
three .nears. "Pie meter shall be maintained by the permittee so as to provide a continuous, aectimato ronord nt
witftrir:awal:,. if the meter is not operational, the well shall not be pumped. The State Engineer me)) approve
substitute totalizing measuring device if it is capable of recording or can be used to calculate the total volume
pumped. The permittee shall report the amount of withdrawal from the permitted well as reasonably required by tie
er,:ale
'( I
r
Geophysical togs will be required for all wells permitted pursuant to C.R.S. 37-90-137(4) unless there is aaa existing
ale:upnysic:mi log from that aquifer located within 1,320 feed of the proposed well which is acceptable to liar .....ate
I .iiciinO0r ;ecui ,s ioniesmtative:, of aquifer conditions at the location of the permitted well. The perrrritt<•: will
i3EOE--699-EOC oL 1: `sast.idJelu3 H '8 [i �'r3E: G('i :' rr it..t
responsible; for obtaining and submitting a copy of the existing geophysical log unless it is currently on tilt= in the State inginee)r's Office.
,..� Ii the new well is geophysically logged, the permittee is responsible for obtaining and submitting tim;,c
geophysical logs to the State Engineer's Office. The minimum requirement will be for boil t e;sistivity :trrci
spotttrar-eous potential (SP) logs, which must be obtained prior to the installation of well casing. The resistivity toe
must record v,:afties at approximately one-and three-foot depths of investigation. The vertical scale strait be . illrr ;
one inch eel iais twenty feet or one inch equals fifty feet. if additional types of logs, including gamma, ,;;;,,tier :
lac,tosit., saint,, single-paint resistance, and caliper, are obtained, copies of these logs shall also hi'sui:imillect to ass
f::tate i.lrgi+teer"s Office. The entire set of logs must be submitted to the State Engineer's Office within sixty :liu;
toliowirxl collection of the data. it a permittee, or an applicant drilling a test hole, desires to use(Alper neeopftysi,.:ai
loos to steel the minimum requirement, he must apply in writing to, and obtain approval from time State t irxt+r'3r`e
i.>tik;e p► o to well construction. in the event that the data provided contain trade secrets, privileged iiahcrne rtitrr►. c,F
confidential commercial, financial, geological or geophysical date, the State Engineer shall deny the right
inspection Of suet; data to any person and keep the data confidential pursuant to C.R.S. 24 72-•2(I4( 3)(,c)(lvr';;+,
ern►vidert the<apislic not notifies the State Engineer in writing requesting such protection.
t"ho Slate Engineer may require the applicant to submit the geophysical well logs prior to the casing of limo
pioductioi well in order to determine the appropriate producing interval. In such a case, the Slate 1."ntliuc'
infcarrrr*0w applicant of the appropriate producing interval within two working days of receipt by the 5ftate i F+,Ii►1.'r'F' �+
lime goei)i"ysical logs.
GEOPHYSICALLOGGING REQUIREMENTS
i'rease r,+alree that ttte conditions of approval on the well permit require that the hole be geophyslcally logged prior to die iG+:;t<.tltratit,+r
(Aide ;.isterl below are standards acceptable to the State Engineer,which must be met to fulfill this tom;irr�l rr•,rt+,irec•+rir•ra
I) r:t.ra:ctivity and Spot;tan{sous Potential(SP)logs are required.
resistivity log must record values at approximately one foot and three foot depths of investigatioca tr..catnuaerr7!3;coiled
str.,it;ali(1 kern normal).
:s 'iru:lle point Resistance logs are not acceptable.
4) i-or;halls that penetrate the Denver,Arapahoe,and/or Larimie-Fox Hills formations,a Natural(:➢aroma inn is also St:".rtVi1C'ri.
5) i ttrl'.ortical scale of the logs shall be either one inch equals twenty feet(1"=20')or one inch equals fifty feat(1' ^•ill').
0) i he Resistivity and Spontaneous Potential logs may be supplemented by Gamma, Neutron, Porosity, Sonic, calitae�r, +�r
uttaet lags at the applicant's option. If these logs are run, the applicant shall submit copies ki the Division of 1rVatoi
l-t{asouri s.
r) t uas shall he submitted to the Division of Water Resources no more than sixty (80)days after completion of work ei•
sr.-nr.;Fl (71 days:.liter the expiration dale of the well permit,whichever is less. The taus shall he ttwt,_r:Ot
t,1r nbe•i.
rt) Any variance to geophysical togging requirements must receive prior written approval of the Division of Water I e,oi tree:
(eoleetu;icat Section.
I'he niit in::+l permit is on tile in the Denver Office Records Section. Additional copies may be obtained fur a leo of
,orris per pace. Statutes require that any change of mailing address or ownership he tr:potterI to the
Engineer. t.Ise Form No. OWS-11. There is no filing fee.
tt vent 1';:ave questions,contact the Denver Office,or the Division Office in the area where your well is located.
DiViSION I DIVISION 2 DIVISION 3 DIVISION 4
ii!it 1"r ;t. :?ite. 200 310 E Abriendo Ave.Ste B 301 Murphy Drive 1871 East Main--;t.
(:iic:eitay CO 8806:31 Pueblo CO 81004 Alamosa CO 81101 Montrose CO 81401
(:103)352-11712 (719)542-3368 (719)589-6683 (970)2'49--ti622
l ax(303)3f)2-1816 Fax(719)542-0800 Fax(719)589-6685 Fax(970)249-8728
DIVISION 5 DIVISION 6 DIVISION 7 DENVER OFFICE
ere mail to Ilex 396 Direct mail to Box 773450 701 Camino Del Rio 1313 Sherman St.
i.',ionwt:iOd tThgS. CO 81602 505 Anglers Dr.Suite 101 Ste.205 Roeni 818
10( 3;1 t S t lwy ti ? 24 Steamboat Springs CO 80477 Durango CO 81301 Denver CO tt020 3;
C.h;r eseorf Spgs- CO 81601 (970)879-0272 (970)247-1845 (303)800.3581
970)94iri-0665 Fax(970)879-1070 Fax(970)259-0944 Fax(303)866--:3589
;--ax (41(0)9455-8141 Cali First
c. 'rd 2.E 0E--6S9-COC °11 `sastJci..ral.uJ D 1 a et3i l l / 0 r3-:'
Page l of 3
Jennifer VanEgdom
From: Michelle Martin
Sent: Tuesday, April 24, 2007 2:02 PM
To: Esther Gesick
Cc: Jennifer VanEgdom
Subject: FW: code enforcement
HI Esther,
Please included the following email in the case file for USR-1579, thanks.
Michelle Martin
From: Tygeash@aol.com [mailto:Tygeash@aol.com]
Sent: Tuesday, April 24, 2007 1:36 PM
To: Dave Long; Douglas Rademacher; Rob Masden; Bill Jerke; William Garcia; Kim Ogle; Jacqueline Hatch;
Michelle Martin; Donita May; Bruce Barker; Kenneth R. Buck; Pat Persichino; ddauer@co.weld.co.us; Bethany
Salzman
Subject: code enforcement
April 23, 2007
RE: Case No. USR #1579
Code Enforcement Case #VIo600044
WE ARE APPEALING FOR HELP: for this has been going on for over a year and no one has
been able to enforce.
We are concerned with the continued development of the property located at 13498 Weld
County Road 6, which is zoned agricultural. This property was purchased over a year ago
and within a few days the property owners started a Welding business.
This is a full blown, manufacturing and processing company. The primary use and
development for the surrounding area, has been in agricultural, residential and horse
properties. The current operation, use and maintenance has been opposed and unwanted.
Why are we asking for help now? Compliance with code violations for the Ag District in
Weld County; of Non-Ag operations since inception, has not been enforced or allowed to be
enforced, and operations have not stopped but increased. Our understanding for
the first six months of continued operation is `due process' loop holes. The Weld County
Board issued a `Cease and Desist Order' but it was not allowed to be enforced; why?Due
Process!
In September, 2006, the 'Use By Special Review' application and permitting process
was started. This also started a new, delay time line which in effect, allowed continued
4/24/2007
Page 2 of 3
operation because the rules for enforcement went to a different department or category.
It is almost April, 2007, and still, no resolution or review criteria has been submitted in
writing; to any of the surrounding and requesting, interested parties. It is specifically stated,
in the Site Specific Development Plan and Use by Special Review Procedure
papers,that"no operation or review is permitted until all parts have been completed".
Since this process was started, we have been put in limbo, where enforcement of, or
processing of, `Cease and Desist' orders, code violation, compliance violations or any other
legal avenue to help the community control or stop the operation of an unwanted,
illegal or compatible uses of the property and no avenues for County help have opened.
From observation and with the limited knowledge and time available for research,we have
surmised: The operation has not been in legal operation or compliance with codes or
application guidelines to date. Examples: Maintenance of appearance, property clean-up
(trash and debris), hours of requested operation, number of vehicles, employees,traffic etc...
How are we to believe that anything will change or that this operation will become more
consistent with the current neighborhood or operate within the proposed and accepted
guidelines, which were provided by the owners and accepted by the Board? Furthermore, it
has been rumored that the Owners of this property do not like the area and plan to move
their residence but keep their Business as is. How does this fit with the people of the area
that do not want this operation and like the lifestyle and reason for living in this area? Are
we left with a change that has always been in opposition to the residents?
Respectfully Submitted,
Welding Shop's Neighbors:
Nick& Karen Febbraro 13512 W.C.R. #6 Ft. Lupton, Co. 80621 303-659-4383
Larry& Roxanne Warner 13502 W.C.R. #6 Ft. Lupton, CO 80621 303-659-2530
Richard&Sandra Schara 13713 W.C.R. #6 Ft. Lupton, CO 80621 303-659-
0135
Donna Petrocco 744 So. 15th Ave., Brighton, CO 80601
Request e-mailed to:
Congresswoman: Marilyn Musgrave
Weld County Commissioners: David Long
Douglas Rademacher
Rob Masden
William Jerke
Bill Garcia
Planning &Zoning: Kim Ogle, Planning Manager
Jacqueline Hatch, Planner III
Michelle Martin, Planner II
Donita May, Planning Tech
�.. Weld County Attorney: Bruce Barker
District Attorney: Kenneth Buck
4/24/2007
Page 3 of 3
Public Works Eng. Dept.: P. Persichino, Director
Dave Dauer, Senior Engineer
Zoning Compliance Division: Bethany Salzman, Officer II
See what's free at AOL.com.
4/24/2007
Page 1 of 1
Esther Gesick
From: Sandra Schara [sschara@ft.newyorklife.com]
Sent: Wednesday, May 16, 2007 11:46 AM
To: Esther Gesick
Cc: Michelle Martin
Subject: Hunt/Docket#2007-37
Attachments: Hunt's.doc; Hunt-Time.xls
Please include the attached letter and spread sheet for the hearing for the above item for May 23, 2007 at
10:00am.
Thank you,
Richard and Sandra Schara
13713 County Road 6
Ft. Lupton, CO 80621
303-659-0135
sschara@ft.newyorklife.com
If you do not wish to receive email communications from New York Life, Please reply to this email,
using the words "opt out" in the subject line. Please copy
email_optout_@newyorklife.com<mailto:email_optout@newyorklife.com>. New York Life INsurance
Co, 51 Madison Ave, New York, NY 10010
+If 1
5/16/2007
r.. May 16, 2007
Board of County Commissioners
Weld County, Colorado
Re: Docket#2007-37
Applicant: Annette Hunt
Address: 13498 County Road 6
Ft. Lupton, CO 80621
This special use permit, if awarded, causes us much concern. It means that should they
build the building proposed, it will be even closer to our residence and the noise, dust,
traffic, fire danger, trash and hazardous materials will be that much more of a concern.
We have been to many of the meetings and obviously if the commissioners can't see this
place on a daily basis they don't understand the impact it is making to our lives and life
style.
The Hunt's said they would work 8am to 5pm Monday through Friday and in fact they
start work no later than 7:30am and frequently work well past 5pm and also work some
Saturdays. Please see the attachment documenting"known" violations from January 20,
2007 through April 21, 2007 (in only 3 months). When we approached Mr. Hunt about
the hours we were told we were trespassing and harassing them and their workers.
We have been residents of our home and property for 33 years and feel it will be a shame
to have the whole area endangered and mined because new neighbors are not respectful
of others.
If the Hunt's aren't willing to follow the rules they have agreed to during the period of
time that could make a difference as to whether or not they get their permit then we have
much more reason to believe it will only get worse if they get the "Special Use Permit"
they are requesting.
Respectfully,
Richard and Sandra Schara
13713 County Road 6
Ft. Lupton, CO 80621
303-659-0135
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 13, 2007. 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, , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED
ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS
HEARING FOR USR- 1579 IN THE AGRICULTURAL ZONE DISTRICT.
Michelle Martin
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this IS day of I `CLCt , 2007.
WITNESS my hand and official seal.
nl I{. Niy
Notary Public (P'•,
My Commission Expires: I(MI t`itD_CO7
EXHIBIT
I
List if- 1579
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