HomeMy WebLinkAbout20071548.tiff v
Weld County Planning Department
GREELEY OFFICE
NOV2
MEMORANDUM �OV 29 2006
411,
RECEIVEDTO: Chris Gathman, Planning Services DATE: Nov. 29, 2006
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1590, Contreras Farms
COLORADO
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4; Section
23. Our comments and requirements are as follows:
COMMENTS & REQUIREMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
WCR 61 is classified as a local roadway with 60-feet of right-of-way. WCR 78 is classified as a local roadway
with 60-feet of right-of-way. Both roads are gravel and maintained by Weld County.
Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback
,—for future buildings as part of this development is measured from the future right-of-way line. All building
nvelopes must adhere to these setback requirements.
Access: The applicant currently has two access points onto WCR 78. The application appears to preserve
these two locations without the addition of any new accesses. All upgraded access points should meet the
requirements outlined in Section 23-2-240; part 9.
Off-Street Parking: It is unclear from the USR plot plan submittal where, if any, off street parking is provided
for employees and delivery trucks. The applicant should further address this issue. Designated parking areas
should be surfaced with an all weather surfacing material.
The Department of Planning Services will determine the appropriate number of parking spaces as dictated by
the proposed use. All parking spaces will be required to use wheel stops to delineate parking from walk or
pedestrian travel areas.
Easements & Rights of Way: The applicant is required to identify and dimension, on the plot map, the type
and location of all easements and ROW on or adjacent to, the subject parcel. Currently, the applicant identifies
ROW and a "screening easement". Other utility easements must be shown on the map. The proposed
improvements should be located in a manner as to not encroach or limit the use of these easements or ROW.
Identification Sign: The applicant has not indicated on the plot map the desire to install any additional
identification signs for the facility. This should be identified on the plat, if appropriate, and be located outside
any future right-of-way or easements. (Ch. 23, Article VI, Division 2)
,-.,Soils: A soils report for the site has not been provided. A soils investigation should be completed to
etermine subgrade suitability for the proposed buildings and construction. At a minimum, soils shall be
identified according to 23-2-260, D, part 4; c; 4.
EXHIBIT
4/7
2007-1548
Storm Water Drainage: The applicant has provided a site map showing proposed locations of storm water
retention ponds. However, this plan does not provide the appropriate runoff calculations to determine if the
izing and location of the proposed ponds are adequate. This work must comply with the Urban Storm
Drainage Criteria —Weld County modifications (Code Chapter 8, Article XI, Appendix 8L). All detention, water
quality and release standards will need to be met.
The applicant shows a perimeter berm around a portion of the west, north and east property lines to redirect
upstream drainage from the site. This approach is not allowed. The applicant should accept this historic
drainage according to its historic pattern. The applicant should further allow for this drainage through the site
with measures to ensure against contamination from the cattle feeding operations.
The proposed drainage crossing (2 — 8'x50') culverts should be sized to accommodate the 50-year event.
I am referring the storm water drainage to the Department of Health and Environment, as it deals with animal
units. The applicant is required to comply with the Colorado Confined Animal Feeding Control Regulation.
Floodplain: The applicant shall verify that the drainage-way that bisects the property is not a regulated
floodplain. Please provide references to FEMA FIRM maps.
Traffic Generation: The applicant discusses the proposed traffic generation in section 5 of the USR
application. Up to a total of 12 employees as well as 6 truck trips per day are identified. This totals
approximately 14 to 30 total trips per day.
pc: Patrick McNear— Scott Realty
USR-1590
Weld County Planning Department
GREELEY OFFICE
MAR 2 2 2007
MEMORANDUMRECEIVED
(et a ti;:\),
yy
TO: CHRIS GATHMAN, DEPT OF PLANNING SERV Ck;A
FROM: TROY E. SWAIN&TREVOR JIRICEKII
SUBJECT: USR-1590 CONTRERAS FARMS I
!Wilk DATE: MARCH 21, 2007
COLORADO
The Weld County Department of Public Health and Environment has reviewed this application.
We have also discussed the application with the applicant's consultant and engineers (Scott
Realty& Alles & Assoc.). Representatives of the applicant indicated that the applicant intends to
apply to the Water Quality Control Division of the Colorado Department of Public Health &
Environment for a discharge permit for the facility, therefore, our referral comments reflect this
fact.
The Weld County Department of Public Health and Environment has reviewed this application.
We recommend approval of the proposed calf operation with the following recommendations:
The Department recommends the following requirement be met prior to allowing the plat to be
recorded:
1. A management plan for nuisance control shall be submitted and approved by the Weld
County Department of Public Health &Environment. This "nuisance control plan"plan
must address control measures for dust, odors, flies and pests.
2. Provide documentation,prepared by a Colorado Registered Professional Engineer,that
all wastewater impoundments for the confined animal feeding operation(CAFO) meet
seepage rate standards of Colorado Water Quality Control Commission Regulation 81
[81.5(2)].
3. Provide evidence that a Standard Operating Procedure for sludge and manure removal
(cleaning of impoundments to maintain capacity)has been submitted for approval to the
Colorado Water Quality Control Division required by Colorado Water Quality Control
Commission Regulation Number 81 [81.5 (3)].
4. Demonstrate that wastewater impoundments meet required setbacks to water wells and
groundwater required by Colorado Water Quality Control Commission Regulation
Number 81. [81.5 (6)].
5. Provide evidence that a CAFO Colorado Discharge Permit has been obtained from the
Colorado Water Quality Control Division.
The Department recommends the following requirements be incorporated into the permit as
development standards:
1. The facility shall operate in compliance with Colorado Water Quality Control
Commission Regulation Number 81.
2. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in
compliance with Colorado Water Quality Control Commission Regulation Number 61.
There shall be no discharge of manure or process wastewater into surface water from the
production area, except as provided in the facilities CAFO Colorado Discharge Permit.
3. Manure and process wastewater shall be applied at agronomic rates and in accordance
with the Nutrient Management Plan or Manure&Wastewater Management Plan. There
shall be no discharge from land application areas except for agricultural stormwater.
4. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and operate in accordance with their current approved Management Plan for Nuisance
Control.
5. The facility shall control fugitive dust on this site and be operated and maintained in a
manner to prevent nuisance conditions. The facility shall be operated in accordance, at
all times, with their current approved Management Plan for Nuisance Control.
6. The facility shall be operated in a manner to control pests. The facility shall be operated
in accordance, at all times, with their current approved Management Plan for Nuisance
Control. Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that rodents (which
can be determined to be associated with the facility) are in such a number to be
considered a nuisance condition.
7. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with their current approved Management Plan for Nuisance
Control. Additional fly control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that flies (which can
be determined to be associated with the facility)are in such a number to be considered a
nuisance condition. Additional controls shall also be implemented in the event the Weld
County Depart.uient of Public Health and Environment receives a significant number of
fly(associated with facility) complaints, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
8. The facility shall be operated in a manner to control odors. The facility shall be operated
in accordance, at all times, with their current approved Management Plan for Nuisance
r--
Control. Odors detected off site shall not equal or exceed the level of fifteen-to-one
2
dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional controls shall be implemented at the
request of the Weld County Department of Public Health and Environment in the event
odor levels detected off site of the facility meet or exceed the level of fifteen-to-one
dilution threshold, or in the judgment of the Weld County Health Officer,there exists an
odor condition requiring abatement.
9. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The surface beneath the manure storage areas shall be of materials
which are protective of State waters. These areas shall be constructed to minimize
seepage or percolation of manure contaminated water. In no event shall the facility
impact or degrade waters of the State in violation of Colorado Water Quality Control
Commission Regulation Number 81.
10. Any Individual Sewage Disposal System(I.S.D.S.) on the property shall be permitted,
installed,maintained and operated in compliance with Weld County I.S.D.S. Regulations.
11. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning except "agricultural open
burning"as defined by Colorado Air Quality Control Commission's Regulation 9.
12. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
13. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended.
14. Waste materials,not specifically addressed by other development standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust,blowing debris, and
other potential nuisance conditions.
15. If required, a stormwater discharge permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
3
DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
'it a. NORTH OFFICE
9181O Street
N E (970) COLO00, E 354
PHONE (970)353NORT EX OFFICE
0
FAX (970)304-6498
SOUTHWEST OFFICE
ID4209 CR 24.5
LONGMONT CO 80504
C. PHONE(720)652-4210 X(72 ext.8730
FAX(720)652-4211
COLORADO
November 29, 2006
Contreras Farms
USR-1590
Site Specific Development Plan and a Special Review Permit for an agricultural service establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis including a livestock
confinement operation for up to 5,000 head in the A(Agricultural)Zone District..
1. A building permit shall be obtained prior to the construction or placement of any structure such as the pole metal
building used as a production area and employee housing units. A plot plan shall be submitted when applying for building
permits showing all structures with accurate distances between structures, and from structures to all property lines.
2. A plan review is required for each building for which a building permit is required. Plans for the pole structure shall bear
the wet stamp of a Colorado registered architect or engineer. The residential structures may be required to bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each
permit.The building will probably be classified as a B (production area). The building will be required to be accessible to
persons with disabilities including the bathroom.
3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the
following has been adopted by Weld County:2003 International Building Code;2003 International Residential Code;2003
International Mechanical Code;2003 International Plumbing Code;2005 National Electrical Code;2003 International Fuel
Gas Code and Chapter 29 of the Weld County Code.
4. Each structure set on a foundation will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
5. Building wall and opening protection in accordance with the Building Code. Setback and offset distances shall be
determined by the Zoning Ordinance.
6. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to determine compliance with the Bulk
Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
7. Provide letter of approval from Galeton Fire Protection District prior to new residential construction.
8.There are two historical permits with final status on record.
Please contact me for any further information regarding this project.
Sinly,
Ric
V it
Building Official
COlon)
Universky
.� Cooperative
Extension
Putting Knowledge to Work
Weld County
525 North 15th Avenue
Exhibition Building, Island Grove Park
Greeley.Colorado 80631
November 29, 2006 (970)304-6535
FAX:(970)351-0415
Chris Gathman, Planner
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Dear Mr. Gathman:
I have received and reviewed Contreras Farms, Inc. Use by Special Review Permit application,
Case Number USR-1590, for expansion of the existing calf raising operation up to 5000 head.
This application is also for the purpose of bringing the operation into compliance with Weld
County code.
r
The size of the proposed operation will require it to adhere to Confined Animal Feeding
Operation (CAFO) Regulations. It would be appropriate to indicate this, particularly with
regards to question eight that pertains to construction of storm water drainage and storage
facilities.
Pest management, particularly fly control strategies, should be addressed by the applicant.
With these considerations, Weld County Extension has no objection to this proposal. If there are
any questions, please do not hesitate to contact me.
Sincerely,
Keith R. Maxey
Extension Agent (Dairy/Youth)
Colorado State University. U.S.Department of Agriculture and Colorado counties cooperating.
Cooperative Extension programs are available to all without discrimination.
STATE OF COLORADO
-JFFICE OF THE STATE ENGINEER 04
Division of Water Resources
Department of Natural Resources �e
•
1313 Sherman Street,Room 818 WVlI IIn�� �• •
Denver,Colorado 80203 Novemb2'Ipz2�o�{gt� Planning Department •Ian•
Phone(303)866-3581 `GR' LEY OFFICE
FAX(303)866-3589 Bill Owens
www.water,gate,co.Chris iathman DEC 0 6 2006 mor
Russell George
Weld County Planning Department RECEIVED Executive Director
1555 N 17th Avenue Hal D.Simpson,P.E.
State Engineer
Greeley, CO 80631
Re: Contreras Farms Site Specific Development Plan and Special Permit Review
Case No. USR-1590
Sec. 19, T7N, R63W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Gathman:
We have reviewed the above referenced proposal for an agricultural service
establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis including a livestock confinement operation. Since the
submitted material does not appear to qualify as a "subdivision" as defined in §30-28-
101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county
planning directors, this office will only perform a cursory review of the referral information and
provide comments. The comments will not address the adequacy of the water supply plan for
this development or the ability of the water supply plan to satisfy any County regulations or
requirements.
From the submitted materials it appears the applicant intends to use an existing well
located on the property currently owned by the applicant, another existing well located on an
adjacent parcel under contract by the applicant to purchase, and a proposed third well, all to
serve two existing residences, two proposed mobile employee houses, and a livestock
confinement operation for the raising of calves. The well located on the parcel described as Lot
B of RE-3515, which is currently owned by the applicant, is permitted under well permit number
247289. This well was constructed on January 30, 1998 under permit number 199037-A as an
emergency replacement of a well originally constructed in 1997. Permit number 199037-A was
cancelled upon issuance of permit number 247289, which was approved as a change in the
legal description of the parcel on which the well is located. Permit number 247289 is approved
as the only well on 40 acres described as the E1/2 of the W1/2 of the SW1/4 of Section 19,
Twp. 7 N., Rng. 63 W of the 6th PM, Weld County. This well is permitted to serve up to three
single family dwellings, the irrigation of not more than one acre of home lawn and gardens and
the watering of domestic animals. The well located on the adjacent parcel which, as indicated in
the submittal material, is under contract by the applicant to purchase, is permitted under permit
number 199602. This well was constructed on December 9, 1996 and is approved as the only
well on 80 acres described as the E1/2 of the SW1/4 of Section 19, Twp. 7 N., Rng 63 W of the
6th PM, Weld County. This well is also permitted to serve up to three single family dwellings, the
irrigation of no more than one acre of home lawn and gardens, and the watering of domestic
• Weld County Planning Department Page 2
Contreras Farms
November 22, 2006
animals. The applicant indicated that a third domestic well is proposed to serve as a back-up
supply. Considering the well permits currently issued in the SW1/4 of Section 19, a well permit
for this proposed third domestic well could not be approved. Currently, the two well permits
referenced above and a third well permit, number 247288, tie up the entire SW1/4 section. In
addition to the 40 and 80 acre parcels described for permit numbers 247289 and 199602, the
well constructed under permit number 247288, which is located on Lot A of RE-3515, is
approved as the only well on the remaining 40 acres of the SW1/4 section described as the
W1/2 of the W1/2 of the SW1/4 of Section 19. In order to obtain another well permit, some or all
of the descriptions of the parcels served by three wells must be reconfigured in order to allow
another domestic well in the SW1/4 section. A change in the legal description of a parcel
requires an application (submitted by the current well owner) for a new well permit and the
statutory $100 filing fee. Please note that due to the creation of Lot A, changing the legal
description of the well on Lot A currently permitted under permit number 247288, could result in
a reduction of allowed uses of the well to ordinary household purposes only within a single-
family dwelling, where no outside uses would be allowed.
However, a greater concern is the use of these wells as a water supply for the livestock
confinement operation (the calf raising operation). These wells as currently permitted are
exempt from administration in the water rights priority system. Pursuant to §37-92-602, C.R.S.,
in order to qualify as exempt, the well must be the only well on a parcel of 35 acres or more and
use of the well is strictly limited to serving up three single family dwellings, fire protection, the
irrigation of not over one acre of home lawn and gardens, and the watering of poultry, domestic
animals, and livestock on farms and ranches. It is the intent of the statute which allows certain
uses of ground water to be exempt from administration, to provide a means to obtain a water
supply in less densely populated areas for"in-house and domestic animal uses". A livestock
confinement operation such as this proposed calf raising operation is not considered an exempt
use and therefore the use of these wells in such an operation would be a violation of the
conditions of approval of these well permits. The use of these wells to serve a livestock
confinement operation would withdraw water ground water hydraulically connected to an over-
appropriated stream system and will cause material injury to other water rights. As such, an
augmentation plan would be required to offset depletions caused by the pumping of all wells
utilized in the calf raising operation.
If you have any questions in this matter, please contact Megan Sullivan of this office.
Sincerely,
Kevin Rein, P.E.
Chief of Water Supply
Cc: Jim Hall, Division Engineer
Brent Schantz, Water Commissioner, Water District 1
Permit files
KGR/MAS/Contreras Livestock Confinement Operation (Weld)
Hello