HomeMy WebLinkAbout20053271.tiff rsceitts'•?....
Weld County Referral
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COLORADO
WELD COUNTY PUBLIC WORKS DEPT
The Weld County Department of Planning&ervluea liaa ICL.UIveJ ti IV f„IIv.,r;,.9 item for review:
Applicant Ruth Bucy Case Number USR-1521
Please Reply By August 4, 2005 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a kennel for up
to 14 Schipperke dogs in the A (Agricultural)Zone District.
Legal Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R64W of
the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 51 and approximately 1/2 mile south of CR 82.
Parcel Number 0711 18 017008
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 6, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
W'See attached letter.
Comments:
n
Signature J Date 7- t. -o&
Agency I 1A-6-6:C.. tl j y�
EXHIBIT
•:•Weld County Planning Dept. ❖918 10th Street, Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 I
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2005-3271
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MEMORANDUM ce s �e�f
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IngC TO: Chris Gathman, Planner II DATE: July 12, 2005
COLORADO• FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1521, Ruth Buoy
The Weld County Public Works has reviewed this proposal; the 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:
Access: The applicant is identifying access from 39350 Boulevard D, Campfield Colorado.
--REQUIREMENTS:
Access: Utilize the existing access to the proposed USR from Boulevard D. No direct access will be granted
from WCR 51 (collector status roadway).
Storm Water Run-off:
The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type generally
attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm
run-off.
The applicant must take into consideration storm water capture/quantity and provide accordingly for best
management practices.
I am referring a portion of the storm water run-off to the Health and Environment Department as it deals with
animal units.
pc: USR-1521
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1521-A.DOC
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
..— 111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 _ Z O5
Road File#: Sc ". .,F Date: _
RE # : Other Case #: U s r&-- :s 2 !
1. Applicant N me R E . (6ue- -1 Phone 9'72 8 Sy -//7-?
Address 3�3_q O 8 ,-d b City Ems; ,j State 2 Zip � ,,y_c
2. Address or Location of Acce s ZiefL2 5 , ,yti Ies A/ of 1 p
Section /g Township®(, Range 4 Subdivisiortp, p Block ,.2-9— Lot,. .7—.a'
Weld County Road #: _ 7 Side of Road Distance from nearest intersection /11/02O/11/02O3. Is there an existing access(es) to the property? Yes i/st No # of Accesses )
4. Proposed Use:
❑ Permanent 'X. Residential/Agricultural D Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential L_
O&G = Oil & Gas
D.R. = Ditch Road -
O = House
D = Shed o 61A6
A = Proposed Access
• = Existing Access 1
Ni
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized O Information Insufficient
Reviewed By: Title:
-8-
MEMORANDUM
TO: CHRIS GATHMAN,PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTHwin L'
SUBJECT:USR-1521 RUTH BUOY
Weld County Planning Department•O DATE: 07/26/2005 GREELEY OFFICE
COLORADO CC: AUG X 2 2005
RECEIVE.)
Environmental Health Services has reviewed this proposal for a Kennel (14 dogs). We
have no objections to the proposal, however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall provide written evidence to the Weld County Department of
Public Health and Environment that the applicant has contacted the Colorado
Department of Agriculture (CDA), Division of Animal Industry. This contact shall
determine if a license under the Pet Animal Care Facilities Act (PACFA), as
defined under C.R.S. 35-80-101 through 117. C.R.S. is required, or provide
evidence that the applicant is not subject to the PACFA requirements.
2. 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. 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).
We recommend that the following requirements be incorporated into the permit as
development standards:
1. Animal and feed wastes, bedding, debris and other organic wastes shall be
disposed of so that vermin infestation, odors, disease hazards, and nuisances
are minimized. Such wastes shall be removed at least weekly from the facility
and disposed by a commercial hauler.
2. 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.
3. 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.
4. 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.
5. The applicant shall operate in accordance with the approved "waste handling
plan".
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S., as amended.
8. Adequate handwashing and toilet facilities shall be provided.
9. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
10.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
11.If applicable, the applicant shall operate in accordance with the requirements of
the Colorado Department of Agriculture, Division of Animal Industry.
12.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
2
Pep\
rThfamialH4r3 Weld County Referral
July 7, 2005
lupC.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ruth Bucy Case Number USR-1521
Please Reply By August 4, 2005 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a kennel for up
to 14 Schipperke dogs in the A (Agricultural)Zone District.
Legal Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R64W of
the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 51 and approximately'/ mile south of CR 82.
Parcel Number 0711 18 017008
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 6, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
At See attached letter.
Comments:
Signature _ / .r�� Date
Agency �i. �o✓J doc77
❖Weld County Planning Dept. 4.918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax
rs
DEPARTMENT OF BUILDING INSPECTION
illige.
Weld County Administrative Offices
918 10 street, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
COLORADO
August 5, 2005
Ruth Bucy
USR-1521
A site specific development plan and a special review permit for a kennel for up to 14 Schipperke dogs.
If any additional buildings are constructed the following will apply:
1. A separate building permit shall be obtained prior to the construction of any building.
2. A plan review is required for each building. Plans may require the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 2003 International Residential Code; 2003 International
Building Code; 2003 International Mechanical Code;2003 International Plumbing Code;2003 International
Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code.
4. Each building 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. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Zoning Ordinance.
6. Building height shall be measured in accordance with the 2003 International 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 23 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. When measuring buildings to determine
offset and setback requirements, buildings are measured to the farthest projection from the building.
Property lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
Please contact me for any further information regarding this project.
Sincerely,
Bryon Horgen
Plans Examiner
Pnn
a
,. -t;
Weld County Referral
July 7, 2005
In il C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ruth Bucy Case Number USR-1521
Please Reply By August 4, 2005 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a kennel for up
to 14 Schipperke dogs in the A (Agricultural)Zone District.
Legal Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R64W of
the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 51 and approximately 1/2 mile south of CR 82.
Parcel Number 0711 18 017008
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 6, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
•
Signature at
V1a-44 Date 7_4—os
?qui Agency l'-emp /1nAi
❖Weld County Planning Dept. 4918 101°Street, Greeley,CO. 80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax
Mta
MEMORANDUM
COLORADO
To: Wendi Inloes, Planning Technician July 26, 2005
From: Ann Siron, Zoning Compliance Officer
Subject: USR-1521 Referral
Upon review of my case files and computer, an active Violation (VI-0500161)was noted. This violation
was issued due to the number of household pets (dogs)exceeding the amount allowed without proper
permits. This case has not yet been presented to the Board of County Commissioners through the
Violation Hearing process.
This application, if approved, will correct the violation. If for any reason, this application is denied, the
Violation Case will proceed accordingly.
cc: VI-0200197
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Sitta022
Kiest
VI4fi County Referral
i 6:9tee y�oi� July 7, 2005
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C. 640
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COLORADO '`F
The Weld County Department of Planning Services has received the following item for review:
Applicant Ruth Bucy Case Number USR-1521
Please Reply By August 4, 2005 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a kennel for up
to 14 Schipperke dogs in the A(Agricultural)Zone District.
Legal Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R64W of
the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 51 and approximately Y2 mile south of CR 82.
Parcel Number 0711 18 017008
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 6, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached 1 r.
Comm ts: Y/l ��9
`lSo
Signatur Date AS5
Agenc
t•Weld County Planning Dept. 4918 10th Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 •:•(970)304-6498 fax
JUL-21-2005 11 :40AM FROM- T-623 P.002/002 F-360
siT,A, ‘„
Weld County Referral
' July 7, 200E
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ruth Buoy Case Number USR-1521
Please Reply By August 4, 2005 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a kennel for up
to 14 Schipperke dogs in the A(Agricultural)Zone District.
Legal Lots 27-33, Block 24, Townsite of Camfield; Part E2 of Section 18, T7N, R&W of
the 6th P.M., Weld County, Colorado.
Location West of and adjacent to CR 51 and approximately%S mile south of CR 82.
Parcel Number 0711 18 017008
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so tha:we may
• give full consideration to your recommendation. Any response not received before or on this deli: may be
deemed to be a positive response to the Department of Planning Services. If you have any further c uestions
regarding the application, please call the Planner associated with the request. Please note t-lat new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 6, 2005
O We have reviewed the request and find that it does/does not comply with our Comprehensiv..Plan
➢� We have reviewed the request and find no conflicts with our interests.
❑ See attached ma
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4-Weld County Planning Dept. 4,91810'Street,Greeley,CO.80631 t(970)353-6100 ext.3540 4,(970)304.6498 fa:. •
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER -of•co..
Division of Water Resources iaF'
Department of Natural Resources
1313 Sherman Street, Room 818
Denver,Colorado 80203
Phone(303)866-3581 Weld County Pian
FAX(303)866-3589 gar oget Bill Owens
www.water.state.co.us GREELE1f Governor
AUG X 8 2005 Russell George
Executive Director
Hal D.Simpson,P.E.
Mr. Chris Gathman State Engineer
Weld County Planning Departmen 'tECEIVEp
918 10th Street
Greeley, Co 80631
Re: Kennel for up to 14 Schipperke Dogs-Special Review
Case No. USR-1521
Sec. 18, T7N, R64W, 6th P.M.
Water Division 1,Water District 1
Dear Mr. Gathman:
Pursuant to the State Engineer's Office Updated Memorandum dated March 16, 2005, this office will
typically not respond to land use actions (lot line adjustments, zone change request, special use land and
division by exemption) that do not involve the subdivision of land as defined in Section 30-28-101(10)(a)
C.R.S. (see-attached updated memorandum). This referral does not qualify as a"subdivision", however in an
effort to assist the county, we will provide comments based upon the limited information provided in the
referral material.
This referral is for a Special Review for a dog kennel for up to 14 Schipperke Dogs on a 0.56-acre
property described as lots 27 through 33, block 24, Camfield Townsite. Water for the residences on the
property and the kennel is to be obtained by an existing well located on the property. Well permit number for
the well was not provided and estimates of annual water requirements for the dog kennel was not provided.
According to the State Engineer's Office records, permit no. 234085 is located on the property. Well
permit no. 234085 was issued in accordance with Section 37-92-602(3)(b)(II)(A), C.R.S., as the only well on
the residential site of 0.58 acre(s) described as lots 27-33, block 24, Camfield Townsite. Well permit no.
234085 was constructed on August 10, 2001 to a depth of 390 feet and the pump installation and test report
submitted on December 17, 2001 reported a pumping rate of 12 gallons per minute. The use of ground
water from this well is limited to ordinary household purposes inside a single-family dwelling. The ground
water shall not be used for irrigation or other purposes.
As permitted, the above well may be used to supply the residential purpose on the property, however
since dog kennel operations are not specifically indicated on well permit no. 234085, the well serving the
residence and the dog kennel would need to be permitted for such uses, which are considered non-exempt
uses. In this case, well permits for non-exempt uses would typically not be available without a water court
approved plan for augmentation. An augmentation plan is approved by the water court to prevent injury to
senior water rights by replacing the amount of water consumed by the commercial uses.
According to our records, Camfield Water Users Association applied for approval of a plan for
augmentation in case no. 2005CW61 to increase the use of certain household use only wells issued for
different lots within the Camfield Townsite. In accordance with Section 37-92-308(4), C.R.S., on June 17,
2005, Camfield Water Users Association also applied with the State Engineer's Office for a Substitute Water
Supply Plan (SWSP). The SWSP is pending evaluation. Well permit no. 234085 is also included in the
proposed augmentation plan, however the proposed uses for permit no. 234085 as identified in the
application for a plan for augmentation in case no. 2005CW61 are household purposes inside one single-
family dwelling and the irrigation of not more than 4,200 square-feet of home garden and lawn. The
Weld County Planning Department Page 2
Dog Kennel-Special Review
`August 3, 2005
application for approval of a plan for augmentation in case no. 2005CW61 will need to be amended to
specifically indicate the dog kennel operation for well permit no. 234085.
If you have any questions in this matter, please contact loana D. Comaniciu of this office.
Sincere) , 1
nck Wolfe, P.E.
Assistant State Engineer
Enclosures:
Cc: Jim Hall, Division Engineer
Brent Schantz,Water Commissioner, District 1
JD/IC
March 16, 2005
MEMORANDUM
TO: ALL COUNTY LAND USE PLANNING DIRECTORS
FROM: DICK WOLFE, ASSISTANT STATE ENGINEER
SUBJECT: UPDATED MEMORANDUM REGARDING SUBDIVISIONS
Attached is a memorandum from Hal Simpson, State Engineer, that provides
important information regarding actions that will be taken by the State Engineer's Office
("SEO")when reviewing subdivision water supply plans. This memorandum replaces
the one that was previously sent to County Planning Directors, dated August 7, 1995.
I ask you and your staff to read this memorandum and become familiar with the
actions that will be taken by the SEO. The information in this memorandum is a valuable
guide that will save time for your staff, SEO staff, and especially the developers that we
all serve. For ease of reading, the memorandum is organized as follows:
• Memorandum from Hal Simpson regarding subdivision review performed by
the SEO (2 pages)
• Attachment A— Information requirements of the SEO for the four different
"types" of water sources (5 pages)
• Attachment B — Guidelines for the county to evaluate a water supply for a
land use action that does not involve a subdivision (3 pages)
• Attachment C— WATER SUPPLY INFORMATION SUMMARY FORM
(1 page)
• Attachment D—State map showing the Denver Basin and the Designated
Ground Water Basins
We recommend that a copy of the memorandum and the Attachments A, C and
D be provided to all parties that plan to subdivide property in your county. This letter will
be placed on our website. If you have further questions, please call the SEO in Denver
and ask to talk to me or the Team Leader for your water division.
March 4, 2005
MEMORANDUM
TO: ALL COUNTY LAND USE PLANNING DIRECTORS
FROM: HAL SIMPSON, STATE ENGINEER
SUBJECT: STATE ENGINEER'S ACTIONS ON PROPOSED WATER SUPPLIES
FOR LAND USE ACTIONS
On August 7, 1995, I sent a memorandum to the Land Use Planning Directors for each
county in the state. The memorandum addressed the State Engineer's responsibilities in
providing "an opinion regarding material injury likely to occur to decreed water rights by
virtue of diversion of water necessary or proposed to be used to supply the proposed
subdivision and adequacy of proposed water supply to meet requirements of the
proposed subdivision" as required under Section 30-28-136(h)(I) C.R.S. The primary
objective of that memo was to inform the Land Use Planning Directors and their staff
("County")that effective August 31, 1995, the State Engineer's Office ("SEO") would no
longer respond to comments regarding county land use actions that do not involve the
subdivision of land as defined in Section 30-28-101(10)(a) C.R.S. ("Subdivision"). The
reason I adopted that approach in 1995 was to ensure that my staff would be able to
satisfy the statutory requirement of responding to those land use actions that do meet
the definition of a Subdivision.
In addition to explaining that approach, the memorandum provided a Water Supply
Information Summary form and Guidelines for the County's use in determining exempt
well permit availability in situations that did not involve a Subdivision.
I find it is appropriate to update the information provided in that memorandum. This
memorandum supercedes the memorandum dated August 7, 1995. County land use
planning directors and their staff should read this memorandum and become familiar
with the content. A copy of this memorandum should be provided to all developers
that are submitting a water supply plan to the county. This memorandum
provides valuable information that will guide the developer when creating a water
supply plan for a subdivision and reviewing this memorandum will save the
developer valuable time and resources in many cases.
SUBDIVISION WATER SUPPLY PLAN REVIEW
The SEO will continue to provide timely review and an opinion regarding material injury
and adequacy for water supply plans for Subdivisions as those water supply plans are
submitted to the SEO by referral from the County. The opinion will be completed within
the statutory 21-day requirement. The SEO'S Water Supply Plan Review Requirements
For Subdivisions are found in Attachment A on Page 3.
All County Land Use Planning Directors Page 2
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
The SEO will not respond to water supply plans that are submitted by parties other than
the County. This includes amended water supply plans that address concerns raised by
the SEO in a previous response. Those amended plans must also be submitted through
the County.
The SEO has no statutory responsibility to review land use actions that do not involve
the subdivision of land as defined in Section 30-28-101(10)(a). These actions include,
but are not limited to lot line adjustments, zone change requests, special use of land,
division by exemption, and cluster developments. To assist the County in evaluating the
water supply for these 'non-Subdivision' land use actions, this memorandum includes
water supply evaluation guidelines in Attachment B, Page 8. If the County finds it is
appropriate to submit a written request concerning a specific 'non-Subdivision' land use
action, the SEO will perform a cursory review and provide only informal comments
regarding the proposed water supply. Those comments will identify any concerns or
issues that the SEO identifies through cursory review that may present themselves at
such time that the developer of the subject land implements the water supply. The
comments will not state an opinion on the adequacy of the water supply or the ability of
the water supply plan to satisfy any County regulations or requirements. The comments
cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of
a well permit, or physical availability of water. If the SEO does not identify concerns or
issues related to the proposed water supply, the SEO will respond with no comment
regarding the water supply. The response will also state that the SEO does not
necessarily take the position that the water supply plan is valid.
Therefore, each referral submitted to the SEO must clearly identify whether the
proposed action is a Subdivision or does not qualify as a Subdivision according to the
definition in C.R.S. 30-28-101(10)(a).
WATER SUPPLY PLAN INFORMATION FOR SUBDIVISIONS
The water supply plan must be included in all Subdivision referrals from the County.
That plan must identify the Subdivision's estimated water supply requirements and
demonstrate the adequacy of the proposed water supply. The WATER SUPPLY
INFORMATION SUMMARY form that is included with this memo as Attachment C on
Page 11 may be used as a guide and in many cases will be sufficient. However, for
many subdivisions the water supply plan must include a water supply report. The Water
Supply Information Summary or the report should identify, at a minimum: the number of
lots; the type of use and the demand, by lot; and the total water requirement. The SEO
will review the Water Supply Information Summary or water supply report to ensure the
water use values are reasonable for the described uses and are consistent with SEO
accepted demand/consumptive use values unless specific information is supplied to
support different use values or the values are indicated in a court approved
augmentation plan or, for a subdivision located in a Designated Basin, a Ground Water
Commission approved replacement plan. The SEO may consider, but is not obligated to
follow County Land Development Codes or Rules.
The maps in Attachment Don Page 12 show the boundaries of the Designated Basins
and the approximate locations of the Denver Basin bedrock aquifers.
All County Land Use Planning Directors Page 3
State Engineers Actions On Proposed Water Supplies For Land Use Actions
ATTACHMENT A
The SEC will apply specific review criteria to water supply plans that rely on sources of
water as listed below:
SEO'S WATER SUPPLY PLAN REVIEW REQUIREMENTS FOR SUBDIVISIONS
1. Source is a Municipality or Quasi-Municipality
If the water supply is to be provided by a municipality or quasi-municipality (i.e. a
Water District, a Water and Sanitation District, etc.), the SEC will review the
submittal to ensure that it includes:
a. A letter of commitment from the municipality or quasi-municipality
referencing the subdivision name (as submitted to the county) and a level
of commitment in terms of uses to be served.
b. As required by C.R.S. 30-28-136(1)(h)(II), a report from the municipality
or quasi-municipality documenting the amount of water that can be
supplied to the subdivision, containing the following:
i. A summary of the water rights owned and controlled by the municipality.
ii. The anticipated yield of these rights in both an average and dry year.
iii. The present demand on the municipality, and the anticipated demand
due to commitments for service entered into by the municipality that are
not yet supplied.
iv. The amount of uncommitted firm supply the municipality has available
for future commitment and development.
v. A map of the municipality's service area.
The above information should be provided in a manner that demonstrates
that the municipality has sufficient water resources to meet its
commitments in terms of an overall annual water supply and daily
availability. Note that, for many of these providers, the SEC maintains
files that document the firm water supplies and the amount of water that
has been committed to subdivisions. If that information is on file, this
statement may not be necessary.
The SEC may request updated information from the municipality or quasi-
municipality if it appears the information has not been updated within
three calendar years, or when the commitments reach a total that is close
to the firm yield (approximately 90 percent)
c. Proposed uses that correspond to the uses of the municipality or quasi-
municipality's water rights.
d. For a Subdivision located in a Designated Basin, proposed place of use
(the Subdivision) that corresponds with the place of use listed on Permit
or Determination of Water Right.
2. Source is Wells Withdrawing Tributary Ground Water or any Designated
Ground Water from a Non-Denver Basin Aquifer
All County Land Use Planning Directors Page 4
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
If the water supply is to be provided by wells withdrawing tributary ground water
or designated ground water from any non-Denver Basin aquifer:
a. The SEC, will review the submittal to ensure that all uses are consistent with
the uses in a court-decreed augmentation plan or, if in a designated basin,
the uses in a commission approved replacement plan.
(Note: For areas outside of the Designated Basins, a source of water that is
approved through a substitute water supply plan is not an acceptable water
supply for inside domestic uses; a court decreed augmentation plan is
required. However, if the water supply plan includes lawn and garden
irrigation from a source that is not yet subject of a court-decreed
augmentation plan, the SEC will evaluate that component of the water supply
plan for adequacy and potential injury independently, however, the source of
water to be used for lawn and garden irrigation may be subject to curtailment
until the developer acquires a court-approved augmentation plan for that
source. The SEC will not comment unfavorably on the entire plan due to
failure of that one aspect.)
b. If in a Designated Basin, the SEC, will review the submittal to ensure that the
proposed place of use (the subdivision) corresponds with the place of use
listed on the well permit.
c. State statute requires that the SEC provide an opinion regarding the water
supply's adequacy to meet the requirements of a proposed subdivision
[C.R.S. 30-28-136(h)(l)]. Therefore, the SEC will review the submittal to
ensure that there is evidence that a water supply is physically adequate. This
evidence should be in the form of a hydrologist's or geologist's report that
may include information from a test well or wells.
3. Source is Individual, On-lot, Exempt/Small Capacity Wells Withdrawing
Denver Basin Ground Water Considered to be Nontributary*", or Other
Ground Water Determined to be Nontributary. The Water that has not been
adjudicated or is not Subject of a Determination of Water Right
If the water supply is to be provided by individual on-lot wells from a Denver
Basin aquifer and is considered nontributary**, or a formation that is determined
to be nontributary by statutory definition [C.R.S. 37-90-103(10.5)], and the
ground water has not been adjudicated or is subject of a Determination of Water
Right, the SEC will review the water supply plan to ensure that:
(** note: for a subdivision located in a Designated Basin, the subdivision may
also use a source that is not-nontributary with a 4 percent replacement
requirement, without the need for a replacement plan)
a. The developer has identified a specific source (for example, Dawson, Denver,
Arapahoe, Laramie-Fox Hills),
b. The developer has properly quantified the amount of water using aquifer
characteristics that are consistent with the Denver Basin Rules or site-specific
information that has been validated by the SEC geotechnical staff.
All County Land Use Planning Directors Page 5
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
c. The subdivision's proposed water supply has not been previously allocated
through existing decrees, well permits, pre-Senate Bill 213 type wells,
Determinations of Water Rights, or other claims to the water.
d. The amount of water available annually, on the basis of an aquifer life of 100
years, is greater than or equal to the amount of water required.
(Note: The amount of water available annually should be quantified as
described in Rule 8 of the Statewide Nontributary Ground Water Rules. The
water supply plan must ensure that the smallest parcel in the
subdivision has adequate land area such that the calculation of the
water available underlying that land area is sufficient to satisfy its
needs. Small parcels may not 'borrow' land area from larger parcels to
increase the amount of water available to the small parcel since the well
permit will ultimately be issued pursuant to C.R.S. 37-92-602(3)(b)(I) or 37-
90-105(3)(c), which requires a land area evaluation. If the developer cannot
provide a water supply to the smaller parcels because of this, the developer
may pursue a water court decree or Determination of Water Right that will
"separate"the water from the land and allow it to be deeded to individual
landowners in the amounts necessary to provide a water supply.
Additionally, to satisfy a county's "300-year water supply approach", the
developer may state that each lot will use one aquifer for a portion of the 300-
year period (the first 100 years), then, a deeper aquifer for subsequent
portions of the 300-year period (the remaining 200 years). This approach is
acceptable, however, it is entirely the developer's responsibility to identify, by
lot number, the aquifer that will be used for each lot and for which period of
time. In no case will the SEO approve a plan where the engineer makes that
determination in the response to the County or where that determination is
left to the well permit applicant or permit evaluator in the future. In this
situation, the SEO response will state that the lot owners should be notified
through plat notes or other means of the specific restrictions.)
e. The amount of water available considers any 300-year water supply
approach or similar approach that is currently used by the referring county.
f. The proposal meets all applicable Ground Water Management District rules,
if located within a Designated Basin.
4. Source is from a Denver Basin Aquifer that has been Decreed or, for the
Designated Basins, is Subject of a Determination of Water Right
If the ground water is from a Denver Basin aquifer and is considered to be
nontributary or not-nontributary and has been adjudicated by Water Court or has
a Determination of Water Right/Permit issued by the Ground Water Commission,
the SEO will review the water right to ensure that:
a. The developer has identified a specific source (for example, Dawson, Denver,
Arapahoe, or Laramie-Fox Hills aquifer),
b. The amount of water available annually, according to the court-approved
decree or Commission-approved Determination of Water Right/Permit, is
All County Land Use Planning Directors Page 6
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
r-.
greater than or equal to the amount of water required for the entire
subdivision.
(Note: The adjudication/quantification of nontributary or not nontributary
ground water"separates"the ownership of the water from the land.
Therefore, individual lot owners that apply for well permits will require a
'special warranty deed' or other document by which ownership of an amount
of water is transferred to the lot owner from the original landowner. Such a
deed will not be necessary if a Homeowner's Association ("HOA") will be
created to take ownership of the water rights and the HOA will have the
necessary mechanism to convey the water rights to members of the HOA.
The water supply plan must identify whether water will be deeded to
individual lot owners or owned by a HOA. In comments to the County, the
SEO will add a note that indicates whether there will be a "HOA"that will take
ownership of the water rights and to which each homeowner must belong. If
so, well permit applicants will not require a "special warranty deed" granting
them the rights to use the amount of water identified in the water supply plan.
If water will be deeded to individual lot owners, well permit applicants will be
required to provide to this office a copy of the 'special warranty deed' or other
document conveying the water right to the lot owner.)
c. The proposed uses correspond to the uses of the vested water rights to be
used.
d. If in a Designated Basin, the proposed place of use (the Subdivision)
corresponds with the place of use listed on the well permit or Determination
of Water Right.
e. The water supply plan is consistent with the specific terms and conditions of a
court-approved augmentation plan or Ground Water Commission-approved
replacement plan, if one was developed.
f. The amount of water available considers any 300-year water supply
approach or similar approach that is currently used by the referring county.
(Note: To satisfy a county's "300-year water supply approach", the developer
may state that each lot will use one aquifer for a portion of the 300-year
period (the first 100 years), then, a deeper aquifer for subsequent portions of
the 300-year period (the remaining 200 years). Or, a developer may state
that a predetermined number of lots will use a shallower aquifer while other
lots will use a deeper aquifer. These approaches are acceptable, however it
is entirely the developer's responsibility to identify, by lot number, the aquifer
that will be used for each lot and for which period of time. In no case will the
SEO approve a plan where the engineer makes that determination in the
response to the County or where that determination is left to the well permit
applicant or permit evaluator in the future. In these situations, the SEO
response will state that the lot owners should be notified through plat notes or
other means of the specific restrictions.)
Additionally, the following comments apply to the four SOURCE OF WATER
SUPPLY categories listed above.
All County Land Use Planning Directors Page 7
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
1. If the water supply plan relies on an adjudicated water right, and the decree for
that water right is not yet final, the SEO will not include consideration of the water
that is subject of that water right. Similarly, if the water supply plan relies on
water rights, changes to water rights, or replacement plans that are pending
review by the Ground Water Commission but have not been approved, the SEO
will not include consideration of the water that is subject of that water right.
2. The SEO's determination that a water supply is "adequate" requires evidence
that volume and flow rate required is physically and legally available, but does
not necessarily include infrastructure beyond the wellhead, storage vessel,
diversion or release point. For example, the SEO does not comment on the
design of the piping and pump stations needed to deliver water throughout the
system at required pressures.
3. The adequacy of a water supply plan in the Denver Basin aquifers is evaluated
using estimates of legally available water based on information available at the
SEO and may not necessarily reflect the physical availability of water. Water in
the Denver Basin aquifers is allocated based on a 100-year aquifer life under the
provisions of C.R.S. 37-90-137(4)(b)(l). For planning purposes the county should
be aware that the economic life of a water supply based on wells in a given
Denver Basin aquifer may be less than the 100 years indicated due to anticipated
water level declines. Furthermore, the water supply plan should not rely solely
upon non-renewable aquifers. Alternative renewable water resources should be
acquired and incorporated in a permanent water supply plan that provides future
generations with a water supply.
All County Land Use Planning Directors Page 8
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
ATTACHMENT B
WATER SUPPLY EVALUATION GUIDELINES FOR LAND USE ACTIONS THAT DO
NOT INVOLVE A SUBDIVISION
The SEO will not provide a comprehensive opinion for land use actions that do not
involve a Subdivision. In these cases the developer must rely on an engineering
consultant or use the guidelines included below. In any case, the decision to issue a
well permit will not be evaluated until a well permit application has been submitted to the
SEO. In situations where the land use action will be creating a parcel of land (for
example, recorded exemption), the SEO cannot accept well permit applications until the
land use action is final.
These guidelines may be used by your staff or the developer to make a preliminary
determination of the availability of a well permit for parcels addressed in land use actions
that do not involve a subdivision of land and which rely on a well as a water supply. The
SEO will evaluate well permits according to the criteria described below using rules and
statutes in place at the time of application. Well permits of the types described below
can often be approved under the 2004 statutes when the land involved meets the
respective parcel definition and the proposed well will meet the water use and return flow
conditions stated below. Note the SEO's evaluation process may find that there is a well
on the subject parcel or on a neighboring parcel that may 'encumber' the land on the
parcel and prevent the SEO from issuing a well permit.
Below are the possible categories of land use actions that do not involve a subdivision
and the types of well permit for which the SEO may evaluate an application:
1. a) 'Pre June 1, 1972' Parcels; b) Parcels created after June 1, 1972 to which the
statutory definition of a subdivision does not apply; or c) Parcels that the
County has "Exempted" from the subdivision process
Description
a. A parcel that was created prior to June 1, 1972 (the date on which SB72-35 was
enacted). A well permit applicant will need to submit proof that the parcel existed
prior to June 1, 1972. This may be in the form a plat or deed of transfer dated
before June 1, 1972. The documentation must include a legal description of the
parcel. Or,
b. A parcel that was created after June 1, 1972 and satisfies the criteria in C.R.S.
30-28-101(10)(c). Or,
c. A parcel that was created after June 1, 1972 and has been exempted from the
"subdivision process" by the County as described in C.R.S. 30-28-101(10)(d). A
well permit applicant will need to submit proof that the parcel has been exempted
from the "subdivision process" in the form a county resolution or plat with the
proper documentation.
Well Permit Evaluation for Areas Outside a Designated Basin
a. The SEO will evaluate this type of parcel for a Household Use Only well permit.
b. If the applicant requests, the SEO will evaluate this type of parcel for a
'Commercial Exempt' well permit(Drinking and Sanitary uses only in a single
business, not to exceed 0.33 acre-feet annually and not to be used for any
outside purposes.)
All County Land Use Planning Directors Page 9
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
c. If the parcel overlies a nontributary Denver Basin aquifer or a not nontributary
Denver Basin aquifer with a "four-percent replacement" requirement, the
landowner has the potential to get a well permit for additional dwellings and
outside domestic uses.
d. If the parcel overlies a nontributary Denver Basin aquifer, the landowner has the
potential to get a well permit for commercial uses beyond Drinking and Sanitary
uses and 0.33 acre-feet annually.
Well Permit Evaluation for Areas Inside a Designated Basin
a. The SEC will evaluate this type of parcel for a residential well permit for no more
than three single-family dwellings, including the normal operations associated
with such dwellings including the irrigation of not more than one acre of land;
subject to all applicable Ground Water Management District Rules if the parcel is
located within such a district.
b. If the applicant requests, the parcel may be evaluated for small-capacity
commercial use subject to all applicable Ground Water Management District
rules.
2. "35-acre" Parcels
Description
A parcel that is 35 acres or larger and not composed of multiple subdivided
parcels. A well permit applicant must submit a legal description of the parcel.
Well Permit Evaluation for Areas Outside a Designated Basin
a. For most areas of the state, the SEO will evaluate this type of parcel for
household use and outside uses. Unless the applicant specifically requests
livestock uses only, the SEC,will evaluate the well permit for use in up to three
single-family dwellings, one acre of home lawn and garden irrigation, domestic
animal watering and livestock watering.
b. If the applicant requests, the SEC will evaluate this type of parcel for a
'Commercial Exempt' well permit (Drinking and Sanitary uses only in a Single
business, not to exceed 0.33 acre-feet annually)
c. If the parcel overlies a nontributary Denver Basin aquifer or another aquifer
determined to bee nontributary, the landowner has the potential to get a well
permit for commercial uses beyond Drinking and Sanitary uses and 0.33 acre-
feet annually.
Well Permit Evaluation for Areas Inside a Designated Basin
a. The SEO will evaluate this type of parcel for a residential well permit for no more
than three single-family dwellings, including the normal operations associated
with such dwellings including the irrigation of not more than one acre of land;
subject to all applicable Ground Water Management District Rules if the parcel is
located within such a district.
Weld County Sheriffs
Office
M e mo
Weld County Planning Department
To: Chris Gathman GREELEY OFFICE
From: Ken Poncelow AUG 1 7 2005
CC:
RECEIVED
Date: August 17,2005
Re: USR-1521
Chris, the Sheriff's Office approves this plan. Please notify the developer / owner that the
Sheriffs Office would be willing to assist in the development of a security plan for the site free
of charge. If this is of interest, please have them contact me.
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