HomeMy WebLinkAbout20050719.tiff CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT #_ /$ CASE # ASSIGNED: _
APPLICATION RECEIVED BY _ PLANNER ASSIGNED:
Parcel Number 0 8 0 5 - 1 3 - 0 - 0 0 - 0 3 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area.If additional space is required, attach an addtional sheet)
Legal Description Lot B of RE 2641 SE 1/4 of, Section 13 , Township 6 North, Range 66 West
PropertyAddress(If Applicable)
Existing Zone District : AG Proposed Zone District: E Total Acreage: 33.518 Proposed#/Lots 9
Average Lot Size: 3.0 ac. Mininum Lot Size: 2.506 ac.Proposed Subdivision Name: Faith Estates
FEE OW NER(S) OF THE PROPERTY (If additional space is required, attach an addtional sheet)
Name: Gary M. and Judy Harkless, dba Genesis Construction Company
Work Phone# 970-396-6477 Home Phone# 970-356-2636 Email Address
Address:_,33439 WCR 37
City/State/Zip Code_Eaton, CO 80615
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications sOned by Authorized Agent)
Name: Same
Work Phone# Home Phone # Email Address
Address:
City/State/Zip Code
UTILITIES: Water: North Weld County Water District
Sewer: Individual on-site septic systems
Gas: Propane
Electric: Public Service Company of Colorado
Phone: Qwest Communications
DISTRICTS: School: Eaton School District RE-2
Fire: Eaton Fire Protection District
Post: Fatnn Pnct r)ffica
I(We),the undersigned,hereby request hearings before th e Weld County Planning Com mission and th e W eld County
Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be Intl ed with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signa ry as the legal auth ity to sign for the corporation.
.eJ( �L��- sk g11Q Sign, e:e:Ow thorize Agent Date Sign lure: Ow r or Authorized Agent Date
EXHIBIT
1 Z
-a-
2005-0719
n
FAITH ESTATES MINOR SUBDIVISION
PICKETT ENGINEERING, INC.
PEI NO. 03-066
CHANGE OF ZONE QUESTIONNAIRE
3. The Weld County Department of Planning Services' staff has previously reviewed the Sketch
Plan application. The comments provided by the planning staff were based upon consistency
with the Weld County Code, Chapters 19, 20, 22, 23, and 24. The planning staff stated in
their application summary, "It is the opinion of the Department of Planning Services that the
Minor Subdivision Sketch Plan proposal meets most of the applicable criteria as listed in the
Weld County Code." Changes made to the plans after the Sketch Plan application were made
to address the comments of the planning staff and referral agencies. Therefore, we believe
the proposed rezoning remains consistent with the policies of Chapter 22 of the Weld County
Code.
4. The land is currently zoned Agricultural. The land proposed for the Faith Estates Minor
Subdivision will be used for Estate-zoned Residential in a farming-community setting. Nine,
oversized, estate lots developed in a "country setting" will not hinder the agricultural and
residential uses that surround this property and will fit well with the existing conditions and
�"" potential changes in the surrounding area.
5. The existing surrounding land use is agricultural. The surrounding land use will not be
highly impacted due to the low density proposed for this parcel. The Weld County Public
Works Department has stated in their sketch plan referral comments that they anticipate low
impact to existing traffic based on the proposal of limited development. The natural grade on
the site is from northeast to southwest and a buffer is provided along the southern and
western boundaries by existing irrigation ditches. This natural grade and existing buffer,
combined with large low-density lots will minimize any visual/aesthetic impacts. The
inclusion of the Right-to-Farm Covenant on the coversheet of the Change of Zone Plat
demonstrates the applicants' understanding that long-established agricultural practices shall
not be found to be a public or private nuisance and that such practices are essential to
agricultural production. It also demonstrates the applicants' understanding that moving to a
rural area exposes children to different hazards than in an urban or suburban area and that
services equivalent to those provided by municipalities will not be provided. Therefore, we
believe the uses allowed by the proposed rezoning will be compatible with the surrounding
land uses.
6. North Weld County Water District(NWCWD) will provide the water supply. Two copies of
a Draft Water Service Agreement from the NWCWD have been submitted with this Change
of Zone application. The draft agreement has been approved by the Weld County Attorney's
Office. Sketch Plan referral comments from Jim Hall, Division Engineer from the Office of
the State Engineer, state that there is expected to be satisfactory water supply, which can be
provided without causing material injury to existing water rights. Each lot will have its own
Pickett Engineering,Inc. Page 1 of 2
December 8,2004 Faith Estates
septic system. The Geotechnical Engineering Report by Northern Colorado Geotech
(included with this submittal) indicates that a standard septic system will likely be feasible
throughout the entire development.
8. The access to the property will be from WCR 37. Based on the limited development it
appears the existing street facilities are adequate to meet the requirements of the proposed
zone district.
9. A Preliminary Geotechnical Engineering Report prepared by Northern Colorado Geotech
was completed after the sketch plan submittal date. This report states "there are not
economic quantities of sand or gravel aggregate at the site."
10. The area is not located within an Overlay District.
11. The area is not located within a Mixed Use Development area.
Pickett Engineering, Inc. Page 2 of 2
December 8,2004 Faith Estates
FAITH ESTATES MINOR SUBDIVISION
PICKETT ENGINEERING, INC.
PEI NO. 03-066
RESPONSES TO SKETCH PLAN REFERRAL COMMENTS
WELD COUNTY CASE NUMBER MK-1060
The following are responses to issues specifically identified in the Sketch Plan Application and
Referral Overview dated July 30, 2004.
NORTH WELD COUNTY WATER DISTRICT
A Draft Water Service Agreement with the North Weld County Water District has been approved
by the Weld County Attorney's Office. A copy of this agreement has already been submitted to
the planning department. An invoice from the North Weld County Water District for water
service provided to the current residence at the property has been included with this submittal.
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Four copies of the Preliminary Geotechnical Engineering Report prepared by Northern Colorado
Geotech, dated October 21, 2004, have been included with this Change of Zone submittal. After
the sketch plan submittal date, this report was prepared for the proposed Faith Estates Subdivision
and the field tests indicate that a standard septic system will likely be feasible throughout the
entire development. Per the Weld County Health Department Criteria, lot-specific geotechnical
investigations will be required for foundation designs and septic systems. The primary and
secondary septic envelopes shown on the plat have been placed outside of the 100-foot setback
required for all irrigation ditches.
PUBLIC WORKS DEPARTMENT
The comments regarding the roadway improvements and drainage have been addressed in the
preliminary drainage report (included) or will be addressed at the final plan submittal.
EATON SCHOOL DISTRICT
A bus turnout area has been added to the layout plan. The bus turnout is located on the west side
of WCR 37 and is 20 feet wide with a length greater than 80 feet.
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
The comments from this irrigation company have been addressed and an agreement is being
drafted. A copy of a letter from this irrigation company stating that we have met their concerns
has been included with this submittal.
Pickett Engineering, Inc. Page I of 3
December 8,2004 Faith Estates
SHERIFF'S OFFICE
A bus turnout has been added to the layout plan as previously described. The bus turnout will
include a shelter. A central mailbox for the residents has been added to the layout plan in the same
area provided for the bus turn out. No bodies of water are to be located within the developed
property. The owners of the irrigation ditches adjacent to the property have expressed that they do
not want to place fences along their ditches. The applicant recognizes and agrees with the
remaining comments included in the referral comments from the Sheriff's office dated June 15,
2004
EATON FIRE PROTECTION DISTRICT
The applicant recognizes and agrees with the referral comments from the Fire District dated June
4, 2004. A change to the road configuration has negated the comment regarding the fire hydrant at
the southeast corner of Lot #6. In conjunction with the layout revisions, the applicant has
continued to work with the Fire Protection District to address their concerns. A copy of a letter
from the Fire District regarding their approval of the changes is included with this submittal.
CITY OF GREELEY
The applicant recognizes and agrees with the comment from the City of Greeley in their referral
letter dated June 2, 2004, that states, "The subject site is outside of the City of Greeley Long
Range Expected Growth Area and we find no conflicts with our interest." The applicant has noted
the remaining comments but does not expect to address them since the Weld County Public Works
Department does not believe they are necessary for the limited development proposed.
COLORADO GEOLOGICAL SURVEY
As previously mentioned, a Preliminary Geotechnical Engineering Report prepared by Northern
Colorado Geotech was completed after the sketch plan submittal date. This report states "there are
not economic quantities of sand or gravel aggregate at the site." In coordinating with Weld
County Planning department it was decided that the current soils report would be submitted with
this Change of Zone application and forwarded to the Colorado Geological Survey for their review
and comment.
MINERAL RIGHTS
A mineral rights investigation has been prepared and certified by Crews and Zeren which
identifies the mineral rights ownership associated with the property. The applicant has
coordinated with and addressed the concerns of Duke Energy and Frontier Oil, both of which are
purchasing companies for the minerals extracted from the property. Notes from phone calls with
these companies are included with this submittal. The applicant has reached an agreement with
.— Merit Energy who is the production company of the minerals extracted from the property. A copy
of the agreement is included with this submittal.
Pickett Engineering, Inc. Page 2 of 3
December 8,2004 Faith Estates
COLORADO DEPARTMENT OF TRANSPORTATION
The applicant has addressed the referral comments from CDOT dated June 1, 2004. An e-mail
response from CDOT was submitted to the Weld County Planning Department. A copy of that
correspondence is included with this submittal.
PROPOSED WELL FOR FIRE FLOW
The applicant has continued to work with the Eaton Fire Protection District in regard to the
potential well to be used to provide fire flow. Please see the enclosed letter from the fire district
dated November 4, 2004. The well will be located adjacent the fire pull-off as indicated on the
Land Use Map. The well will be owned and maintained by the Homeowners' Association.
Metron, Inc., has provided a Packaged Pumping System Quotation that outlines the capacity and
features of a pump system that would be sufficient for the fire flow requirements of the property.
The quotation sheet, dated August 31, 2004, is included with this submittal.
COLORADO DIVISION OF FISH AND WILDLIFE
Wildland Consultants, Inc., prepared a Threatened and Endangered Species Evaluation for the
property dated April 2004. A copy of this evaluation has been included with this Change of Zone
submittal. The evaluation concluded that impacts to federally listed species should not occur
within the site. The evaluation also concluded that the development would result in no impacts to
jurisdictional or non-jurisdictional wetlands. In coordinating with the Weld County Planning
department, it was decided that the evaluation would be submitted with this Change of Zone
application and forwarded to the Colorado Division of Wildlife for their review and comment.
GRAHAM/CHILDS SEEPAGE DITCH
The applicant has been working with the Graham/Childs Seepage Ditch Company. The consulting
engineer wanted to review the drainage report for the proposed development prior to making a
final recommendation to the ditch company. As a result, an agreement was not reached with the
ditch company prior to this Change of Zone submittal. However, coordination with the ditch
company is progressing and a copy of the drainage report has been submitted for the consulting
engineer's review. The applicant hopes to reach an agreement with the ditch company while this
Change of Zone submittal is being reviewed. Correspondence indicating the progress with the
Graham/Childs Seepage Ditch Company has been included with this submittal.
Pickett Engineering, Inc. Page 3 of 3
December 8,2004 Faith Estates
November 19, 2004
Weld County Planning Dept.
Attn: Michelle Katyryniuk
1555 N. 17th Ave
Greeley, CO 80631
Re: Case # MK-1060
Dear Ms. Katyryniuk,
This follow-up letter is in regard to the Faith Estates Minor
Subdivision. The New Cache La Poudre Irrigating Company has been
contacted by the owner, Gary Harkless, and Mr. Harkless'
engineering firm, Pickett Engineering, Inc.
The concerns of the New Cache La Poudre Irrigating Company with
regard to the right-of-way of the canal have been worked out.
The owner has agreed to plat a right-of-way width of 75 feet
from the center of the canal. This r-o-w will be labeled as the
easement of the New Cache La Poudre Irrigating Company. There
are two locations where the easement of the canal will be
encroached upon. First, the oil company has an access road and
facilities that encroach upon the r-o-w. The second encroachment
will be the access road that parallels the north bank of the
canal. A portion of the road will be in the right-of-way along
this area. The owner has stated that there will be about 25 feet
between the top of the canal bank and the edge of the road. The
New Cache La Poudre Irrigating Company is willing to allow both
of these encroachments as presented. No other landscaping,
fences for buildings are permitted within the r-o-w.
The concerns of the New Cache La Poudre Irrigating Company with
regard to the storm water quality have been worked out. The
owner is planning on all the storm water from the property
(except a couple of acres on the south tip) being placed into
the Graham Seep ditch. This is agreeable to the ditch company.
At this time the New Cache La Poudre Irrigating Company is
satisfied with the progress of the subdivision and the
mitigation of the concerns of the ditch company. Please direct
any questions to Don Magnuson or Dale Trowbridge at our office.
Sincerely,
Dale Trowbridge
Office Manager
,._ 1ERIT ENERGY COMPANY
13727 Noel Road - Suite 500 - Dallas.Texas 75240
Ph 972.701.8377 - Fx 972.960.1252 • veremmeritenergy.com
November 15, 2004
Gary Harkless
Genesis Construction Co.
33439 County Road 37
Eaton, CO 80615
Re: Faith Estates Minor Subdivision (Lots 7, 8 and 9)
Weld County, Colorado
Dear Mr. Harkless:
Pursuant to your letter dated November 3, 2004, this letter is to set forth the
agreement of Genesis Construction Co. and Merit Energy Company regarding the setback
requirements for Lots 7, 8 and 9 shown on the survey dated November 3, 2004 (Drawing
C-3.1). Though lots 7, 8, and 9 will encroach the Cottonwood #1 well head and facilities,
the buildings and fences for said lots will not be located within 150 feet of the existing
well head for the Cottonwood#1 well or the tank battery for said well, as indicated by the
setback diameters shown on the survey or until such time as the Cottonwood #1 well is
plugged and abandoned. This agreement will run with the applicable land, and Genesis
Construction Co. will inform purchasers of Lots 7, 8 and 9 of this agreement.
Merit Energy Company appreciates your cooperation and commitment to the
health and safety of the eventual purchasers of your development. If Merit Energy
Company can assist you, by reviewing any other proposals, considering any "no
objection"requests or otherwise,please let us know.
Sincerely,
ce- 7/451
Casey Morton
Agreed:
Genesis nstruction Co.
B .
�ry Har w ter
eTh
copy
EATON FIRE PROTECTION DISTRICT
tl SOUTH :MAPLE AVENUE. EATON COLORADO 5061 5
1-2 t i s
FAX Q`t7-454-216-1
FIRE PREVENTION BUREAU
November 4,2004
Gary Harkiess
Faith Estates
33439 Weld County Road 37
Eaton, CO 80615
4
RE: Required Fire Flow Design/Subdivision
Faith Estates Minor Subdivision
Dear Gary:
We recently sat down and discussed the fire flow requirements of the Faith Estates
subdivision. It was brought to both our attention that different requirements were given
to you. After our meeting we came to the agreement that a minimum fire flow of
500gpm would be sufficient. The only stipulation put on this required fire flow is that it
will sustain 500gpm for a minimum of one hour. The location of the well will be the site
which was agreed upon in our meeting.
In our meeting we also discussed the proposed changes to the access road. All changes
that were discussed are approved, contingent on the following requirements:
1. Final plan drawing is submitted to the Eaton Fire Department.
2. Fire Hydrants will be located every 500 ft at the locations discussed in our
meeting.
3. Pull-off from road will be located at the water well site as discussed at our
meeting.
4. All other changes will be submitted to Eaton Fire Protection District for approval.
Thank you for your cooperation, and if you have concerns or questions please feel free to
call me at (970)454-2115.
Sincerely, 7
Dan Santillanes
Fire Inspector
Graham Drainage Ditch Company
2313 17 Street
Greeley, CO 80634
970-352-4980, office
970-352-0038, fax
December 7, 2004
Mr. Sean Phipps
Pickett Engineering, Inc.
808 8 Street
Greeley, CO 80631
Re: Graham Ditch
Dear Sean,
I have received a letter from John Scott of Anderson Consulting Engineers. I am enclosing a
copy of it for your review. Based upon this letter, it appears to me that the proposed solutions
�-- offered by your firm are acceptable, at least on a preliminary reading.
This letter is to acknowledge that The Graham Drainage Ditch Company and the developer of the
Harkless property are currently working toward a satisfactory solution to the drainage issue on the
Harkless property. The working relationship between the engineering firms is a cooperative one
and I do not at this time anticipate problems working toward the ultimate resolution of this issue.
Please keep me informed as this project progresses.
Sincerely,
John M. Todd
President
Enclosure
cc: John F. Scott(without enclosure)
ANdERSON CONSULTING ENGINEERS, INC.
Civil • Water Resources • Environmental
December 2, 2004
Mr. John Mick Todd
Graham Drainage Ditch
2313 17h1 Street
Greeley, CO 80634-0103
Re: Review of Flood and Drainage Planning on Faith Estates Minor Subdivision in Relation to the
Graham Drainage Ditch
(Project No. COGDD06)
Dear Mick:
Anderson Consulting Engineers, Inc. (ACE) has received and reviewed documentation regarding flood
and drainage planning at the Faith Estates Minor Subdivision (development) prepared by Pickett
Engineering, Inc. (Pickett). As you know, the planned subdivision is to be constructed on the property of
Gary Harkless located immediately north of the Greeley No. 2 Ditch (New Cache la Poudre Irrigation
Company) and east of the Graham Drainage Ditch (GDD). Pickett outlines the current plan to deal with
the flooding issues in a letter and attached drawing dated November 29, 2004. The first aim of the flood
and drainage planning as it relates to the GDD is to channel storm drainage from the development into the
GDD above the Greeley No. 2 Ditch. The second aim is to mitigate flood flows entering the Harkless
property from the west and north from the GDD and an associated farm drain during major storm events.
According to the Sean Phipps (Pickett consulting engineer), it is Pickett's intention to channel storm
drainage from the proposed development through a series of detention ponds on the north side of the
Greeley No. 2 Ditch with water quality control measures and discharge this drainage into the inlet of the
GDD siphon under the Greeley No. 2 Ditch. The discharge rate from the detention pond outlet into the
GDD is not to exceed approximately 7 cfs. The drainage plan will result in an increased drainage area
contributing to the GDD. ACE does not immediately see any issues that would prevent this from being
an acceptable arrangement to the GDD. The controlled release and quality of water may prove beneficial
to downstream users on die GDD. Prior to issuing a letter approving the plan ACE will review the
development drainage plan prepared by Pickett to insure that the water quality controls are acceptable.
Additionally, ACE will want to review the construction details of the detention pond discharge into the
GDD, particularly if Pickett proposes to modify an existing GDD structure to include a discharge pipe.
ACE has requested that Pickett provide these items as soon as they are available.
it is ACE's understanding that flooding in the proposed development will be handled utilizing two means
of mitigation. Flooding which occurs due to minor storm events causing water to encroach from the west
and north will be handled with the extension of the existing berm on the east GDD bank along the
property boundaries with a minimum elevation of 4758 feet. Flooding due to major storm events will be
handled by setting minimum top of foundation and road surface elevations above the design flood
elevation. ACE sees no problems with the proposed arrangement in relation to the proposed
development. Construction drawings and specifications of the berm/embankment raising must be sent to
ACE prior to approval. Immediately to the north of the proposed north-boundary berm extension is a
ditch that drains irrigated fields on this property and discharges into the GDD. The GDD should reserve
the right to review plans for the development of the property to the north of the Harkless property. The
P:ICOGDD061adnrinWevelopwent drainage ltr.doc 12/2/2004
772 Whalers Way,Suite 200• Fort Collins,CO. 80525
Phone: (970)226-0120•Fax:(970)226-0121 • www.acewater.com
eaN
development of this property in conjunction with the north-boundary berm extension on the Harkless
property could increase flows in the drainage ditch to unacceptable levels for the GDD.
Pickett is seeking a letter from GDD acknowledging that the developer and GDD are currently working
towards an agreeable solution to the drainage issue. ACE sees no reason, on our part, why such a letter
should not be provided to them. Sean Phipps has been pleasant and easy to work with.
If you have any questions regarding this matter please feel free to contact me at 970-226-0120.
Sincerely,
AND SON CONSULTING ENGINEERS, INC.
ohn F. Scott, P.E.
Project Manager
JFS\vla
P:ICOGDD061adminldevelopment drainage ltndoc 12/7/2004
Sean Phipps
Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US]
ent: Wednesday, September 15, 2004 7:33 AM
fo: MMARTIN@co.weld.co.us
Cc: Sean Phipps
Subject: MK-1060/Harkless
Michelle,
I received a memo from Pickett Engineering regarding the above proposal.
Based upon the information they provided, I would like to make some
additional comments.
From the The Weld County Access Information Sheet it appears that the
Harkless property does not border SH 392. If that is the case, then my
comment regarding ROW would not be accurate. However, if the property
does border the state highway, but this subdivision is only a
portion of a larger parcel, we may still want to take this opportunity
to get additonal ROW.
As for access, if this subdivision is a portion of a larger parcel that
borders the highway, then I would need to know what, if any, access
exists to the SH 392. But if the subdivision is a separate parcel that
does not border the highway, my concern would be with the traffic the
subdivision directs to the intersection of SH 392/WCR 37.
It is unlikely that 9 lots would have a significant impact on that
intersection, so no improvements would be necessary.
hope I haven't confused you. Call if you have any questions.
Thank you.
Gloria Hice-Idler
Assistant Access Manager
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
r
1
Threatened and Endangered Species Evaluation
Faith Estates Development
Prepared For:
Pickett Engineering, Inc.
808 8`s Street
Greeley, CO 80631
Prepared By:
Wildland Consultants, Inc.
1001 Jefferson Drive
Berthoud, CO 80513
April 2004
1.0 Introduction
The proposed Faith Estates Development is located in Weld County bordered by Weld
County Road 37 on the east, and the Greeley Number 2 Ditch on the southwest. The
Graham Seep runs along the western property boundary for approximately 500 feet. The
site is planned for development into 9 rural lots ranging in size from approximately 2 to
3.5 acres. The site is currently being used for pasture and agriculture. Wildland
Consultants, Inc. completed a field reconnaissance of the site on April 1, 2004 to evaluate
site potential for threatened and endangered species. The field reconnaissance was
completed by Eric Berg of WCI. Mr. Berg is a Certified Wildlife Biologist and a
Certified Professional Wetland Scientist.
2.0 Vegetation and Wetlands
The vegetation on the site is dominated by seeded pasture and tilled agricultural land.
The Greeley Number 2 Ditch runs along the southwest site boundary. Vegetation along
the ditch is controlled by annual burning. Banks of the ditch are covered with rip-rap.
Limited grassland and weedy vegetation occurs along the ditch bank. The Graham Seep
is located along the western site boundary for approximately 500 feet. At this point the
Graham Seep is routed under the Greeley Number 2 Ditch. Vegetation along the Graham
Seep is limited to seeded grasses and weedy species. A few wetland plants occur along
lower seep margins. The Graham Seep is incised adjacent to the development site.
Photographs of typical site conditions are included in Attachment A.
There are no wetlands on the site. However, the Graham Seep connects downstream into
the Cache la Poudre River. Because of this the Graham Seep is likely to be considered as
a jurisdictional water of the United States. Fill or work within the seep is likely to require
!-� a permit from the Army Corps of Engineers.
3.0 Threatened, Endangered, and Special Status Species
There are no known locations of rare plants on or near the development site (System for
Conservation Planning 2004).
The Greeley Number 2 Canal on the site provides poor potential habitat to the federally
listed Ute ladies' tresses orchid (Spiranthes dilivualis). The Graham Seep meets the
criteria to be classified as potential habitat for the rare orchid. The rare orchid occurs
along streams and associated wetlands that flow into the South Platte River(U.S. Fish
and Wildlife Service 1992). However, the banks of the Graham Seep are heavily
disturbed by annual burning and spraying. The likelihood of the Ute ladies' tresses
orchid being present is very remote.
A 4
The banks of the Greeley Number 2 Ditch provide poor potential habitat to the federally
listed New Mexico butterfly plant (Gaura neomexicana). The banks of the Graham Seep
meet the criteria to be classified as potential habitat for the butterfly plant. This annual
plant occurs in sub-irrigated, alluvial soils of drainage bottoms in Weld County
(Spackman et. al 1997). However, because the banks of the seep are heavily disturbed
and vegetation is controlled annually the likelihood of the butterfly plant being present is
very low. No surveys for either species have been completed on the development site.
The Greeley Number 2 Ditch provides no potential habitat to the federally listed Preble's
meadow jumping mouse. The Graham Seep connects to the Cache la Poudre River
where potential habitat for the Preble's mouse is present. However, the Graham Seep
does not provide the thick riparian vegetation preferred by the Preble's mouse. The
Preble's mouse prefers riparian habitat (streamside habitat) with extensive brush cover
(USFWS 1999). The Graham Seep provides poor potential habitat for the Preble's
meadow jumping mouse.
4.0 Conclusions, Recommendations
Impacts to federally listed species should not occur with project construction. Surveys of
the site for the Ute ladies' tresses orchid and Colorado butterfly plant should not be
required because poor potential habitat is present on the site. In addition no direct
impacts to the poor potential habitat(the Graham Seep)will occur with project
construction.
Because of the lack of shrubby riparian habitat the site provides poor potential habitat to
the Preble's meadow jumping mouse. The Graham Seep connects to the Cache la Poudre
River but does not provide habitat conditions needed by the rare mouse. Surveys for the
Preble's meadow jumping mouse are not recommended for the site.
Based on current project design development will result in no impacts to jurisdictional or
non-jurisdictional wetlands. The Graham Seep is likely to be considered jurisdictional by
the Army Corps of Engineers. Because no work will be completed in the Seep no
permits from the Army Corps of Engineers should be required for project construction..
5.0 References
Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier.
1997. Colorado Rare Plant Field Guide. Colorado Natural Heritage Program.
System for Conservation Planning. 2004. Data Search for Stillwater Acres Development
Site. Colorado Natural Heritage Program.
U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual.
« U.S. Fish and Wildlife Service (USFWS). 1992. Interim Survey Requirements for
Spiranthes diluvialis. 8 pp.
U.S. Fish and Wildlife Service. 1999. Interim Survey Recommendations and Guidelines
for Surveys for Preble's Meadow Jumping Mice. Colorado Field Office. Denver, CO.
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Photo 1, View to the northeast of the site.
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Photo 2 View to the northeast of the Greeley#2 Ditch Photo 3. View to the North of the Graham Seep.
crt ' Packaged Pumping System Quotation -
Metron, Inc., 1505 West Third Avenue, Denver,Colorado, 80223
Phone: (303)592-1903 Fax: (303)534-1947 E-mail: khulse@metroninc.com
Date: August 31, 2004 Quotation No.: 20040837
Project: Pickett Engineering—Faith Estates Location: Northern Colorado
Metron has been a leading manufacturer of Pump Controllers and Packaged Pumping Systems for more
than 50 years. Our commitment to high standards of quality and reliability include U.L. certification of the
skid mounted Packaged Pumping System. Only Metron, Inc. can offer the Rocky Mountain region's;
• Lamest and most qualified pump station service organization with the quickest solutions during all
phases of the project.
• Largest pump panel and package manufacturer with unequaled sales and technical experience and
support.
Metron, Inc. is the world's largest supplier of fire pump controls. Our standards for quality, reliability and
responsiveness are unsurpassed.
Metron. Inc. is pleased to offer you the following prefabricated, constant speed. Packaged Vertical
Booster Pump System:
• HES-RL-ATL-1000/20-30-460/3/60-N1-ENCL-HTR-CV-ISO-2LCF-UL
The Metron Packaged Pumping System is designed to deliver 1000 GPM with a discharge pressure of
20 PSI at the station discharge. System uses one (1) submersible vertical pump with across-the-line
starting to run at a constant speed. Incoming power to the pumping station is assumed to be 460-volts,
3-phase, 60-hertz, 3 wire. The wet well is 30' deep of an unspecified diameter. Skid and enclosure to
cover entire wet well up to 2' in diameter.
QTY. DESCRIPTION SELLING PRICE
STANDARD MECHANICAL FEATURES INCLUDE:
r 1 Structural steel base skid with diamond deckplate; continuous welds.
1 Pump mounting base plate with .
1 Schedule 40 piping and fittings.
1 Steel grit blasted to near white metal finish prior to the application of protective coatings.
1 Spare Parts: touch-up paint.
STANDARD ELECTRICAL FEATURES INCLUDE:
1 Relay logic based controls.
1 Lightning/Surge Arrestor—rated for categories"B" and"C".
1 Alarm pilot devices for low wet well or high discharge pressure.
1 Hand-Off-Auto (HOA)Selector Switche—for system.
1 Indicator Lights—one (1)red light for low suction pressure; one(1)green lights for pump operation.
1 Discharge Pressure Gauge — liquid filled; 2-1/2" diameter, isolation valves; panel mounted with
flexible connection to the sensing point.
1 Control panel manufactured and labeled per U.L.-508 Industrial Control Equipment standards.
ADDITIONAL FEATURES INCLUDE:
1 20 HP, 3550 RPM, across-the-line start, submersible pump. The design performance of 1000 GPM
@ 32 PSI pressure boost to account for frictional losses and lift. Flanged style silent check valve,
discharge isolation butterfly valve, and submersible motor provided.
1 M Pump station is designed for a municipal booster application; method of operation
and automatic sequencing functions are in accordance with Metron's standards.
2 ATL Pump motors to be started across-the-line and run at a fixed speed.
1 N1 NEMA 1 Electrical Enclosure-with through the door disconnect.
1 ENCL Flip lid fiberglass enclosure to protect discharge piping and system controls.
1 HTR Electric Unit Flanged checkeater to heat fiberlass valve for d scharge of pumpsure.
1 CV 9
1 ISO System isolation valve
1 2LCF 2 point level control for wet well
2 SUB Submittals—Two (2)copies to be provided.
1 UL Packaged booster pumping station with enclosure and control panel is U.L. listed.
Budgetary Selling Price for the Packaged Booster Pumping Station $ 12,898.00
COMMODITY METAL PRICE DISCLAIMER
-�- Pickett Engineering, Inc.
Note To File PE 808 8th Street
Greeley, Colorado 80631
Phone Call PICKETT
ENGINEERING,INC
Meeting Date: 10/22/2004
PEI Project No.: 03-066/10.7
Project Name: Faith Estates Call To: Shelly Border
Subject: Frontier Oil Coordination Frontier Oil
Notes by: R.Sean Phipps (303)714-0100
TOPICS DISCUSSED:
Shelly—
I made these notes after our conversation last week. If you see any discrepancies, please let me know.
Otherwise, I will use these notes to guide my design.
Shelly asked if Gary Harkless would be selling mineral rights along with the residential lots in the
proposed Faith Estates subdivision. I responded that Mr. Harkless was going to retain the mineral
rights. Shelly stated that if Mr. Harkless did not sell his mineral rights, then the proposed
development would not impact Frontier Oil as long as they still had access to the existing storage
tanks. I explained that the existing access road would remain in place and that a local irrigation
company jointly used the existing access road. I explained that the Weld County Planning
Department encourages developers to enter into a Surface Use Agreement with the existing oil
companies located at the project site. This type of agreement defines the terms of issues such as
access easements.
Shelly explained that Frontier Oil is only a purchasing company. Furthermore, as the purchasing
company, they simply collect the oil products from the storage tanks belonging to the production
company. Frontier then takes the oil to their refineries for processing. Therefore, they will not
need to enter into an agreement with Mr. Harkless as long they still have access to the
storage tanks.
Shelly explained that Merit Energy is the production company. Shelly suggested that a Surface
Use Agreement would most likely be created between Mr. Harkless and Merit Energy. She
provided the name of Merit Energy's Field Engineer for Colorado properties. His name is Mike
Waid out of Dallas at (972) 628-1598.
I expressed my appreciation for her help and that I would forward her a copy of the summarized
notes from our conversation for her review and records.
NTF003-FRONTIER OIL
-�� Pickett Engineering, Inc.
Note To File PE 808 8t^ Street
Greeley, Colorado 80631
Phone Call PICKETT
ENGINEERING.E NC
Meeting Date: 10/22/2004
PEI Project No.: 03-066/10.7
Project Name: Faith Estates Call To: Lew Hagenlock,ROW Supervisor
Subject: Duke Energy Coordination Duke Energy Field Services
Notes by: R. Sean Phipps (970)378-6351
TOPICS DISCUSSED:
RE: The Existing Duke Energy Facilities at the Project Site
a
Lew—
I made these notes after our conversation last week. If you see any discrepancies,please let me know.
Otherwise, I will use these notes to guide my design.
• Duke Energy does not own or operate the production facilities. The production facilities
include the wellhead, separator,tank battery,the"flow line" from the wellhead to the
separator, and the line from the separator to the tank battery.
• The extracted oil/gas is conveyed from the wellhead to the separator in the"flow line." At the
.-� separator,the oil/gas is heated to separate the liquid petroleum products from the natural gas.
The liquid oil products are conveyed to the tank battery. The natural gas passes through a
meter and into a"gathering" line owned by Duke Energy. Duke Energy has an agreement to
purchase the natural gas—and is called the"gathering company." The owner of the production
facilities is called the"production company," and they collect the remaining liquid oil products
in their tank battery.
• At the time when the wellhead was originally drilled, a Surface Use Agreement was probably
signed to provide the production company access to their production facilities. This agreement
may not have been recorded, but was likely drafted in accordance with Colorado's oil and gas
provisions at the time. Duke Energy"piggybacks"along this established access in order to
read the meter for the gathering line. The meter reading should occur twice a month. The
meter is housed in a 4' x 4'box next to the separator.
• From the meter,the 3" gathering line owned by Duke Energy travels almost due east to a 3"
collector line along the west side of WCR 37. We discussed the possibility of relocating the
gathering line to a common property line between two proposed residential lots. If the line is
relocated,the new alignment will be approximately 600'in length. The estimated cost of the
relocation is $12,000 to$15,000. The majority of the cost is due to the high price of steel pipe,
which Lew said is running around$10-$12 per linear foot. The remainder of the cost is from
having to shut down some of the oil facilities, blow out and test the lines, and the actual
pipeline installation.
Page lof2
NTF002-DUKE ENERGY
Note to File
Conversation with Lew Hagenlock, Duke Energy
Faith Estates
10/22/04
• Regardless of whether the gathering line stays in place or is relocated,the following criteria
will have to be met: the recorded plat will have to include a 30'easement(with the gathering
line being located in the center). Duke Energy will not require the easement to be exclusive
for the gathering line. However, if another utility is placed in the easement,Duke Energy will
require they be offset 10'from the gathering line.
• The gathering line will need to have 4'of cover under the roadway and a minimum of 3'of
cover for the rest of the alignment. The gathering line will not need to be encased at the road
crossing. It would be reasonable to assume that the line is currently 4'below existing grade. If
the existing grade is lowered,the gathering line will have tq be lowered accordingly.
• Since the property is going to be developed and a roadway will cross over the gathering line,
Duke Energy will have to reclassify the gathering line. If the gathering line is not relocated,
Duke Energy will have to complete an analysis of the gathering line to make sure it meets the
requirements of the next classification. This will involve shutting down some of the facilities
and testing the gathering line.
• Duke Energy will not require a Surface Use Agreement as long as the easement for the
gathering line is recorded and the production company maintains its access to the production
facilities.
Page 2 of 2
Report Date: 12/08/2004 12:59PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0907201
r ASSESSED TO:
HARKLESS GARY M &
33439 COUNTY RD 37
EATON, CO 80615
LEGAL DESCRIPTION:
PT SE4 13-6-66 LOT B REC EXEMPT RE-2641 (1.33R) 33439 37 CR WELD
PARCEL: 080513000036 SITUS ADD: 33439 37 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 301.56 0.00 0.00 301.56 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 12/08/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0226-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 74.09 AGRICULTUR 11,906 3,450
SCHOOL DIST RE2 45.949 158.52 --------- -- --
NCH WATER 1.000 3.45 TOTAL 11,906 3,450
NWC WATER 0.000 0.00
EATON FIRE 9.000 31.05
AIMS JUNIOR COL 6.322 21.81
WELD LIBRARY 3.249 11.21
WEST GREELEY CONSERVATION 0.414 1.43
TAXES FOR 2003 87.408 301.56
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
r REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley,CO 80632
(970)353-3845 ext.3290
I
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, F,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
SignY/ plow Date:
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