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HomeMy WebLinkAbout20052840.tiff STATE OF COLORADO 'OFFICE OF THE STATE ENGINEER of cow Division of Water Resources Nye Department of Natural Resources 1313 Sherman Street, Room 818 a 4. Denver,Colorado 80203 •1876 3 Phone(303)866-3581 July 27, 2005 FAX(303)866-3589 Bill Owens www.water.state.co.us Governor Weld County Planning Department Russell George OREELEY OFFICE Executive Director Hal D.Simpson, Ms. Sheri Lockman StateEngineer RE. Weld County Planning Department JUL 2 9 2005 918 101h Street Greeley, Co 80631 RECEIVED Re: Eagle Ridge Estates PUD Case No. PZ-1093 NW1/4 of Sec. 5, T7N, R67W, 6th P.M Water Division 1, Water District 3 Dear Ms. Lockman: Pursuant to the State Engineer's Office Updated Memorandum dated March 16, 2005, this office will no longer 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 memorandum). The material submitted this time appears to be only for a change in zoning on the proposed Eagle Ridge Estates PUD. Additionally, we have previously commented on the above-referenced proposal to subdivide a 34.99-acre parcel into 9 single-family residential lots by our letters dated May 5, 2005 and June 21, 2005. Information from this referral material indicates that the North Weld County Water District (District) is still listed as the water provider for the residential lots. A letter dated April 8, 2005 from the District and a draft water service agreement from the District were provided to this office on June 16, 2005. Since no changes in the water supply for this subdivision were identified in this submittal, the comments from our letter dated June 21, 2005 (copy attached) still apply. If you have any question in this matter please contact loana Comaniciu of this office. Sincerely, Dick Wolfe, P.E. L Assistant State Engineer cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 2005-2840 Water Supply Branch Subdivision File EXHNNT DW/IC/Eagle Ridge Estates PUD STATE OF COLORADO OFFICE OF THE STATE ENGINEER oF-� Division of Water Resources ,�� Department of Natural Resources � _ 1313 Sherman Street, Room 818 G�i7 i� Denver,Colorado 80203 June 21, 2005 Phone(303)866-3581 cave" FAX(303)866-3589 Bill Owens www.watecstate.co.us Governor Russell George Ms. Sheri Lockman Executive Director Weld County Planning Department Hal D.Simpson,P.E. 918 10th Street State Engineer Greeley, Co 80631 Re: Eagle Ridge Estates PUD Case No. PK-1093 NW1/4 of Sec. 5,T7N, R67W,6th P.M Water Division 1,Water District 3 Dear Ms. Lockman: We have reviewed the additional information provided by Timothy J. Halopoff of J-R Engineering on the above referenced proposal to subdivide a 34.99-acre parcel into 9 single-family residential lots. The Water Supply Information Summary provided indicates that the household water requirements are 4,860 gallons per day(5.44 acre-feet per year). The North Weld County Water District (District) is still identified as the water provider for the subdivision. Our previous letter dated May 5, 2005 (copy enclosed) indicated that a letter of commitment from the District was not provided. Therefore, a letter dated April 8, 2005 from the District and a draft water service agreement from the District was provided with the additional information. Based on the above-mentioned water service agreement, the District will furnish 70% of an acre-foot(228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%. The April 8, 2005 letter from the District indicates that fire flows of 500 gpm with a residual pressure of 20 psi in the system can be provided. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate.We recommend that the County obtain a signed copy of the water service agreement from the District prior to the final approval of the subdivision. If you have any question in this matter please contact loana Comaniciu of this office. Sincerely, 1 097eIn Dick Wolfe, P.E. Assistant State Engineer cc: Jim Hall, Division Engineer George Varra,Water Commissioner, District 3 Water Supply Branch Subdivision File DW/IC/Eagle Ridge Estates PUD Lt-0 ("1—pstrt;s1, Weld County Referral IJuly 18, 2005 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number PZ-1093 Please Reply By August 15, 2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705 200001 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 letter. Comments: Signature /C,L%7(�� rf , T Date 7414545 Agency G1vLd +Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax EAGLE RIDGE ESTATES Developer: Terra Firma Ventures llc Case # PZ-1093 (Change of Zone from Ag to PUD) Planner: Sheri Lockman PT NW4 5-7-67 ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0465D) NORTH WELD COUNTY WATER DISTRICT BOXELDER SANITATION DISTRICT XCEL ENERGY POUDRE VALLEY REA QWEST WELD COUNTY SD RE-4 POUDRE FIRE AUTHORITY FT COLLINS PO 9 RESIDENTIAL LOTS PRELIMINARY ADDRESSING Lot 1 41880 ** Lot 2 41876 ** Lot 3 41872 ** Lot 4 41866 ** Lot 5 41869 ** Lot 6 41873 ** Lot 7 41877 ** Lot 8 41881 ** Lot 9 41885 ** Lin Dodge, Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 7/19/05 Referral Notes for PZ-1093 - EAGLE RIDGE ESTATES/Terra Firma Ventures 1. Referral plat does not name interior road. 2. Weld County Code Ord. 2003-6, Section 2-13-70-H requires east/west cul-de-sacs to be identified as "Place" and east/west roads to be identified as "Street" or "Boulevard". r (it Weld County Referral IJuly 18, 2005 VI C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number PZ-1093 Please Reply By August 15, 2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705 200001 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. V See attached letter. Comments: Signature Date OS Agency / ❖Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 6 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10'"Street GREELEY, COLORADO 80631 image PHONE(970)353-6100,EXT.3540 FAX(970)304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT CO 80504 PHONE(720)652-4210 ext. 8730 FAX(720)652-4211 July 19,2005 Terra Farms Ventures, LLC A change of zone from Agricultural to PUD(Estate) Sketch Plan for 9 Residential Lots PK-1093 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans (mail kiosk and bus shelter) shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 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 whole 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, Frank Piacentino Plans Examiner JUL-26-2005 TUE 04:47 P11 WINDSOR SCHOOL DISTRICT FAX NO. 970 686 5280 P. 01/01 • Weld County Referral • July 18, 2005 Ce JUL 2 0 ,2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number P2-1093 Please Reply By August 15,2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5,T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705 200001 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 letter. t fivaarNst SANivaNirei Wei& nor kvss fli f -st-ti mock uomme i s: and c tiOlu uraM nur nevi Prakcl afsoa"a r Pet task - ti► ttP,, CA- t..d Clarks-kla w. ,Nt CtiMe eF 4A1 (i31.13 • Signature Date '7 121 beg Agency Litit Ca 141 WAWA Ka" PI +Weld County Planning Dept. 0918 101"Street,Greeley,CO.80631 O(970)353-610D ext.3540 4(970)304.6498 fax rs Weld County Refe al ',1 I Left."l July 18, 200 inuC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number PZ-1093 Please Reply By August 15, 2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705200004 6-] O5 • pc -? -oO -OO 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 LU We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. �1 �l /L Comments: (pan AfeA itc / ! 'O/71Jh41 a/ r / ( '� Qe� 7)0 LM�6 Ai �,( P�tA.�t 1 /7C7CC . l Signature rL>e-#'1 Date 1-/Q-4`) t Agency 7Q ( Q171,/%Cc/7.Crf +Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Referral July 18, 2005 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number PZ-1093 Please Reply By August 15, 2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705 200001 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. 25. See attached letter. .P Comments: Signature ��.�_ X Date �3 f y/Or Agency -�-G� h ecifae. . / (.-o. +Weld County Planning Dept. +918 101°Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax 3729 Cleveland Avenue P.O.Box 100 Wellington,Colorado 80549 Telephone: (970)568-3612 Fax: (970)221-4659 North Poudre Irrigation Company Weld County Planning Department GREELEY OFFICE August 4,2005 AUG X 8 2005 Weld County Pllanning Dept. Attn: Sheri Lockman, Planner RECEIVED 918 lot Street Greeley,CO 80631 Dear Sheri Lockman, I have received the PUD Sketch Plan for Eagle Ridge Estates and have only the following comments: 1. The Cactus Hill Ditch easement should be 35' on either side of the centerline unless covered by a duly recorded easemenUright-of-way document,a copy of such should be produced for our information. Unless a formal easement or right-of-way document exists North Poudre Irrigation Company has a`prescriptive' easement with no specified width extending on both sides of the centerline of the ditch. 2. The potential lot owners adjacent to the Cactus Hill ditch should not interfere, impede,or restrict the Company's access, use of, or maintenance of our ditch easement. This could include but not limited to these examples;vinyl fencing,gates,planting of trees,the restriction of burning the ditch,the application of herbicides to control weeds,use of the ditch road for any other than the operation and maintenance of the Cactus Hill Ditch. It has proven beneficial for prospective purchasers of the lots to contact me and discuss in more detail the relationship that exists between the Ditch Company and lot owner. It you could assist in the passing this information on to others I would appreciate it very much. Sincerely, Stephen R. Smith Manager Weld County Planning Department GREELEY OFFICE �, MEMORANDUM AUG X 9 2005 -- RECEIVED TO: Sheri Lockman, Planning D nt DATE: 08-August-2005 FROM: Peter Schei, P.E., Publi Department WI (k �F C. SUBJECT: PZ-1093 Eagle Ridge Estates PUD(Sketdt Rlact)doc COLORADO Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments General Comments: ❑ The Eagle Ridge Estates PUD Subdivision is planned for up to 9 single-family residential building sites. External Roadways: ❑ This development will introduce 86 additional vehicle trips per day to the off-site roadway system based on 9 single-family residential homes. Based on the proposal and impact on surrounding roads,a traffic study is currently not required. o Off-site roadway improvements are not foreseen at this time. ❑ CR 15 is classified by the County as a local paved road (Weld County Roadway Classification Plan, June 2002) adjacent to the proposed development requiring a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted (labeled & dimensioned) on the change of zone plat. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the final plat. ❑ CR 86 is not recognized as a County local gravel roadway adjacent to the north boundary of the proposed development. Public Works ask the applicant to verify the existing section line right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the section line right-of-way cannot be verified, it shall be dedicated on the final plat. Internal Roadways: ❑ Internal roads are required to meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty(60) feet in width including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The cul-de-sac edge of pavement radius shall be fifty(50)feet. o The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat ❑ The applicant shall prepare a pavement design prepared by a professional engineer submitted with the final plan materials. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. ❑ Intersection sight distance triangles at the development entrance(s)will be required. All landscaping within the triangles must be less than 31/2 feet in height at maturity,and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction&grading plan drawings for review with the final plan application and approval. Construction details must be included. ❑ Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing plan. ______________ Page I of 2 .__ ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording any final plat. Drainage: ❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. o The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The engineer will be required to show stormwater(detention)detailed calculations in the sealed final drainage report. o The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. o The applicant must show the proposed detention facility and corresponding easement on the final plan materials. The maintenance of the detention pond shall be addressed. ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. These plans (stormwater management plans)may be based on Urban Drainage methodology. Recommendation ❑ The Public Works Department recommends approval of this change of zone based on the above observations. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Any issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final plan.' PC: PZ.-1093 Eagle Ridge Estates PUD (Zone Change) Email&Original: Planner: Lockman PC by Post: Applicant: Timothy Halopoff P.E. PC by Post: Engineer: Tim Halopoff w/JR Engineering ----------- Page 2 of 2 ._ IVIemorandid iianning Department GREELEY OFFICE TO: Sheri Lockman, W.C. Planning AUG 2 2 2005 DATE: August 15, 2005 RE IVED C. FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: PZ-1093 NAME: Dyecrest Dairy/Eagle Ridge Estates The Weld County Health Department has reviewed this sketch plan proposal for a 9 lot PUD on 35 acres. The minimum lot size of 3 acres coupled with an overall density of one septic system per 3.9 acres does meet current Department policy. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. The application states the water will be supplied by North Weld County Water District. A draft water service agreement is included in the application materials. The application states that sewer will be provided by Box Elder Sanitation District. However, a letter from Box Elder Sanitation acknowledges that the property is within the District's 208 service area, but goes on to state that no sewer line is within 3 miles of the property 'as the crow flies' and the cost of sewer line expansion is unreasonable. Box Elder Sanitation does not oppose the use of septic systems for this subdivision. (All in Sketch Plan application) In the Change of Zone application, it is noted that all sanitation lines leaving the homes will be located in such a way as to make connection to any future Boxelder Sanitation District sewer main easily accessible. The preliminary geotechnical report from Earth Engineering Consultants dated April 8, 2005 and submitted in the Sketch Plan application states that the site is expected to be suitable for conventional septic systems. Some systems may require mounding because of shallow weathered sandstone found (ranging from 2.5 to 6 feet). The property is bordered by the Cactus Hill Lateral on the west. Because of the large lot sizes and anticipated construction of conventional septic systems the Department is not requiring primary and secondary septic envelopes on the lots. The applicant has satisfactorily addressed the issue of the well identified as being on the subject property by the Division of Water Resources. The initial impact plan submitted in the Change of Zone application adequately addresses all impacts. These impacts states that animal husbandry activities will be allowed on the lots. While the Department has no problem with these activities, we would like to caution the applicant and future owners that should a secondary absorption field become necessary prior to Boxelder Sanitation availability, the associated outbuildings could impede the placement of that field. The Department recommends approval with the following conditions: 1. Water service shall be obtained from the North Weld County Water District. 2. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado 1 Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement,or modification of the system. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. 3. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 5. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 6. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 7. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\chzone\pz-1093 Dyecrest Dairy.rtf 2 Hello