HomeMy WebLinkAbout20072061.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: Site Specific Development Plan and Special Review Permit
for a Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. Section 22-5-100.A
(OG.Goal 1. ) states "Oil and gas exploration and production should occur in a
manner which minimizes the impact to agricultural uses and the environment and
reduces the conflicts between mineral development and current and future surface
uses." Further,Section 22-5-100.6(OG.Goal.2)states"The extraction of oil and gas
resources should conserve the land and minimize the impact on surrounding land."
The request for a Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including an Oil and Gas storage facility
in the A(Agricultural)Zone District. This facility is for the operation of crude oil truck
unloading facility and a crude oil tank farm.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.A.1 of the Weld County Code provides
for a Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development Facility including an Oil and Gas Storage Facility in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding property is predominantly
agricultural. The property east of and adjacent to the proposed development is
currently permitted under USR-608 for a turkey hatchery. Other surrounding USRs
include: CUP-69 for horse breeding and SUP-96 for a hog farm. The Department
of Planning Services has not received any letters from the surrounding property
owners. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties and the character of the area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The subject property does not lay within the
three mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will b-
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
2007-2061
Resolution USR-1614
Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
Page 2
Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.(Ordinance 2005-8 Section 5-8-40)(Department
of Planning Services)
F. Section 23-2-220.A.6—The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The subject
site is designated Prime If They Become Irrigated, Irrigated Land Not Prime, and
Other by the 1979 USDA Soil Conservation Services map. The property consists of
80 acres but less than half of the site will be developed by the proposed USR.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards(Section 23-2-250,Weld County Code), Conditions of
Approval and Development Standards ensure that there are adequate provisions for
the protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1614. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) County Road 30 is classified by the County as a collector road, which requires
80 feet of right-of-way at full build out. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. The plat shall
delineate the existing right-of-way and the documents which created it along with
any additional future right-of-way required. (Department of Public Works)
4) County Road 49 is classified by the County as a Strategic Roadway road,which
requires 140 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way.The plat shall
delineate the existing right-of-way and the documents which created it along with
any additional future right-of-way required. (Department of Public Works)
5) The off-street parking spaces including the internal circulation pattern, and the
access drive shall be surfaced with asphalt,concrete,or the equivalent and shall
be graded to prevent drainage problems. Each paved parking space shall be
equipped with wheel guards or curb stops where needed to prevent vehicles
from extending beyond the boundaries of the space and from coming into
contact with other vehicles,walls, fences, or plantings. (Department of Public
Works)
6) This facility shall adhere to the number of on-site parking spaces indicated in
Appendix 23-B of the Weld County Code. The total number of on-site parking
for this facility shall be four (4) spaces, of which one (1) shall be a van
accessible handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act.
The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/ambulatory parking
Resolution USR-1614
Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
Page 3
spaces shall be identified and shown on the plat. This site will be required to
meet all requirements of the Americans with Disabilities Act. At least one space
must be van accessible. The parking spaces must be the closest possible to the
entrance. Signing will be required. Curb cuts, ramps and other methods of
providing accessibility shall be required to reasonably attempt to meet the
requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the applicant
outline how their proposed site design mitigates the requirements of the
American's with Disabilities Act. (Department of Planning Services)
7) The applicant shall delineate a 150 foot radius from any well head and/or a 200
foot radius from any tank battery. (Department of Planning Services)
8) The applicant shall show all easements on the property per book and page
and/or reception number or remove them from the plat.(Department of Planning
Services)
9) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
10) The applicant shall delineate all onsite lighting. Section 23-3-360.F of the Weld
County Code, addresses the issue of on-site lighting, including security lighting
if applicable, states "any lighting ... shall be designed, located and operated in
such a manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto adjacent
properties...." (Department of Planning Services)
11) The applicant shall remove the paved areas from the seeding plan.
(Department of Planning Services)
12) Per Section 23-3-50.F of the Weld County Code the applicant shall
screen along County Road 30.
B. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
required improvements. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat.The improvements agreement will not be needed if the
necessary improvements are done to the satisfaction of the Department of
Public Works and the Department of Planning Services. (Department of
Planning Services)
C. The applicant shall attempt to address the requirements(concerns)of the Weld
County Ambulance Services as stated in the referral response dated 4/25/07.
Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Weld County Ambulance Services)
D. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division(APCD),Colorado Department of Health and Environment. Alternately,
the applicant can provide evidence from the APCD that they are not subject to
these requirements. Evidence of Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Resolution USR-1614
Russell L Gurtler Jr Trust & Dorthy K Gurtler Trust
Page 4
E. The applicant shall submit a dust abatement plan for all driving and parking
areas for review and approval, to the Environmental Health Services, Weld
County Department of Public Health & Environment. Evidence of Department
of Public Health and Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
F. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department of
Health and Environment for any proposed discharge into State Waterways, if
applicable. (Department of Public Health and Environment)
G. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site.
Alternately,the applicant can provide evidence from the(CDL&E),Oil Inspection
Section that they are not subject to these requirements. Evidence of Department
of Public Health and Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
H. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & Environment. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning
Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public Health
and Environment)
The applicant shall address the requirements (concerns) of the Weld County
Department of Public Works as stated in the referral response dated 5/3/07 and
5/17/07. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Weld County Department of Public Works)
J. The applicant shall attempt to address the requirements(concerns)of the Weld
County Sheriff's Office as stated in the referral response dated 4/29/07.
Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Weld County Department of Public Works)
K. 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.(Department of Planning
Services)
L. The applicant shall submit to the Weld County Department of Planning Services
a copy of a recorded deed describing the S2 of the SE4 of Section 24 , T3N,
R65W of the 6th P.M., Weld County, CO. (Department of Planning Services)
M. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of
Resolution USR-1614
Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
Page 5
Planning Services)
2. Upon completion of 1.and 2.above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff.
The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. The Mylar plat and additional requirements shall be submitted within
thirty (30) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. Prior to Construction:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public
Health and the Environment atwww.cdphe.state.co.us/wq/PermitsUnit for more
information. (Department of Public Health and Environment)
4. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office and
public restroom and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
5. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps(d)co.weld.co.us.
(Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the
plat not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution was signed a$50.00 recording continuance charge may be added
for each additional 3 month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gurtler Trust
USR-1614
1. A Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)Zone
District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
30 20 100.5,C.R.S.,as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public
Health and Environment)
5. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
(Department of Public Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved dust abatement plan at all times.
(Department of Public Health and Environment)
9. The operation shall comply with all applicable State noise statutes and/or regulations.
(Department of Public Health and Environment)
Adequate handwashing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
13. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants(HAP's)and volatile organic compounds(VOC's). (Department of Public Health
and Environment)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and Weld County Code. (Department of Public Health and Environment)
16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
17. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
18. The Landscaping/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
19. As indicated by the application material the hours of operation will be 24 hours a day 7 days
a week. (Department of Planning Services)
20. The number of one site employees for the business shall be limited to three (3) persons.
(Department of Planning Services)
21. All vehicles located on the property must be operational and with current license plates and
tags. (Department of Planning Services)
22. Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
(Department of Planning Services)
23. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report preformed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
24. A plan review must be approved and a permit must be issued prior to the start of construction
on the site. (Department of Building Inspection)
25. Setback and offset distances shall be determined by the 2003 International Building Codes
and Chapter 23 of the Weld County Code(Offset and setback distances are measured from
the farthest projection from the structure). (Department of Building Inspection)
26. Any building plans shall be submitted to the Lasalle Fire District fire protection district for
approval. (Department of Building Inspection)
27. On-site lighting,including security lighting if applicable shall maintain compliance with Section
23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. Personnel from the Weld County Government shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein and all applicable Weld County regulations.
31. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer - Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 19, 2007.
Dated the 119`" of June, 2007.
Donita May
Secretary
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CONSENT ITEMS
CASE NUMBER: USR-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4;and Lot B of RE-1352 part SW4
NE4, all in Section 36, Ti N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
CASE NUMBER: USR-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 1st Addition of Section 17,T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A (Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
CASE NUMBER: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 of Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that the Consent Items, including Case USR-1611,USR-1612, USR-1614 and AmUSR-
987, be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval. Tom Holton seconded
the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes, with comment; Chad Auer, yes. Motion carried unanimously.
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right,an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District (manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by
.-, Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately Y mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7, 2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source,a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
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