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Home My WebLink About20030046.tiff '3fTBTT M PERCOLATION TESTING AND LIMITED INVESTIGATION The Pointe PUD Section 33, T2N, R68W of the 6th P.M. Weld County, Colorado Prepared for: Community Development Group 7950 East Prentice Avenue, Suite 210 Englewood, Colorado 80111 April, 2001 Project: 00521A Prepared By: Scott, Cox & Associates, Inc. 1530 55th Street Boulder, Colorado 80303 (303) 444-3051 x-- 2003-0046 Table of Contents Project 00521A Page Purpose 1 General 1 Geology 1 Investigation Summary 2 Limitations 3 Inspection and Quality Control 3 ^ Figures Figure 1 Location Map Figure 2 Graphic Boring Logs, Percolation Testing Summary And Septic Field Size Summary PERCOLATION TESTING AND LIMITED INVESTIGATION THE POINTE PUD SECTION 33, T2N, R68W OF THE 6TH P.M. WELD COUNTY, COLORADO Purpose This report presents the results of the percolation testing and limited investigation performed in March and April, 2001, at the site of the proposed "The Pointe" PUD located in Section 33, T2N, R68W of the 6th P.M. in Weld County, Colorado. Six new locations were selected for percolation testing. Also included in this report are two locations that we presented in a previous report, dated August, 2000. A relatively shallow boring was completed in each selected area so that the overall soils and groundwater conditions could be determined, percolation test holes were dug and prepared and percolation testing was completed. The locations of the selected sites are indicated on the Location Map (Figure 1). General This investigation and testing was done to determine the general suitability of the site for the development of septic systems and any additional considerations. The companion borings were completed to assure that the overall soils and groundwater conditions were known so that any special considerations might be discussed in the report. It should be noted that all methods used in our analyses are in accordance with procedures stipulated by the Weld County Health Department. Geology The available geologic mapping shows the site to have a mantle of surficial soils of Quaternary age (relatively recent), which are eolian (wind deposited). These surficial soils (which we anticipate to be 0 to 20 feet thick, from this investigation and other investigations that we have completed in the area) are shown to be underlain by units of the Laramie Formation. The Laramie Formation is of Cretaceous age and is the geologic unit that contains the coal deposits, which were widely mined in Boulder and Weld Counties. The Laramie Formation consists of claystone, sandstone, siltstone, carbonaceous shale and coal. While the Laramie Formation is not as infamous in reputation as the Pierre Shale, as the source of the bentonitic, expansive soils problems that have caused tremendous damage to structures along the Front Range, there are some areas of extremely expansive claystones that have been identified within this unit. From a pure geologic standpoint, the site is considered to be stable. While there may be faults in the bedrock, they are associated with the Laramide age mountain building process and have not been active for millions of years. There appears to have been previous coal mining activities on or near this site. It is likely that coal deposits exist (or existed) beneath this property. However, this report is not intended to ascertain the mineral potential or the risk of subsidence due to previous coal mining activities, if any. We understand that another consultant has been retained to provide such a study. The primary geologic concern on this site is the potential for building related problems due to the presence of the potentially expansive claystone within the Laramie Formation and possible daughter soils related to weathering of the claystone. Following are the possible building related concerns... 1. The Laramie Formation bedrock and any clay daughter soils that result from direct weathering of the claystone may have significant expansive potential. There are well known engineering and building techniques that will assure that the structures on this site perform satisfactorily. It is possible, even probable, that the structures will have to be founded on drilled piers. It is possible that the residences will require structural floor systems. The necessary precautions may be very location specific and may related directly to the type and thickness of the mantle of soil atop the bedrock, the depth of excavation and the engineering properties of the bedrock units encountered at the location. It is very important that sufficient geotechnical investigation be completed to define the location specific soils conditions. This will allow the appropriate foundation type and slab/structural floor recommendation to be made. 2. We have demonstrated that percolation rates on this site are widely variable, ranging from very good, where the mantle of eolian soils are present, to very poor, where clayey daughter soils or bedrock units are present. It is unlikely that the site soils and geologic conditions will not allow a septic system to be constructed. There are many septic system design and construction techniques that will allow the satisfactory design, construction and use of a septic system. Investigation Summary The percolation testing showed a wide range of percolation rates, resulting in a wide range of sizes. Two areas were shown to be suitable for the development of standard 'nfiltration-type systems. However, the majority of the sites exhibited percolation rates Page 2 of over 60 minutes per inch, which would require that the systems be specially designed, using a combination of evaporation and infiltration. There are two relatively standard field design types that can be designed when the percolation rate is above 60 minutes per inch. They are known as standard ET (evapotranspiration) systems and Bell-Patt systems. A standard ET system uses the available infiltration combined with a relatively large field, which is primarily constructed using wicking sand with native grasses planted atop the field. This is intended to maximize the infiltration, transpiration and evaporation. A Bell-Patt system is a low pressure, drip irrigation system. It is generally cheaper to construct a Bell-Patt system that a standard ET system. However, a Bell-Patt system always has a pump and is generally significantly larger than a standard ET system. Our investigation did not reveal any groundwater table related issues. However, the Weld County Health Department regulations require that there be a minimum of 4 feet of suitable percolating soils above either the groundwater table or the competent bedrock contact. Therefore, there may be some issues surrounding the relatively shallow bedrock in the area of locations #2 and #8. It is likely that the field would have to be mounded somewhat, to provide the required 4 feet of offset. Limitations The testing in this investigation will present a reasonably accurate knowledge of the soils in the area where the testing was completed. However, we often find that septic considerations are very location specific and a different location on the same parcel may have different septic system considerations. It will be necessary to perform site-specific soils investigations and septic system investigations and designs, to assure that the recommendations are appropriate for the specific location of a structure and septic system. Inspection and Quality Control The testing that was completed was intended to provide a general overview of the septic system considerations. Site specific soils investigations and septic system investigations must be completed prior to the design or construction of a residence. Sincerely, \4�\a*gUgPvQ gEQ11S"/ o SCOTT, COX & ASSOCIATES, INC. o = 1830. gta(0 0ld . M. Edwar G ssgow, P.E. Page 3 LOCATION MAP Weld County Road 16 5 6 0 0 4 a C 7 a O 1 0 � 2 0 7 • 8 4 Legend State Highway 52 SCALE- 1" =600' 20 Test Location (Sr SCOTT, COX &ASSOCIATES, INC. consulting engineers•surveyors 153055th Slreel • Boulder,Colorado 80303 (303) 444-3051 Investigation Summary Figure 2 Test Location #1 Tc Boring Log m ,t 0 co Medium to dark brown silty, sandy, clay !', ■ Contains organics 5 O Tan to dark brown, silty, sandy, clay to •—y clayey and silty sand CO r 10 rt_ a a) O Perc Testing Summary Perc # 1 120 2 120 3 120 4 120 5 96 6 120 Average 116 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 3100 4150 5200 Bell-Patt System Area 4401 5868 7335 SCOTT, COX &ASSOCIATES, INC. consulting engineers•surveyors 1530 551h Street • Boulder.Colorado 80303 (303) 444-3051 Investigation Summary Figure 2 Test Location #2 re Boring Log a) U ,t 0 c P • Medium to dark brown silty, sandy, clay _ Contains organics 5 Tan to dark brown, silty, sandy, clay 10 Claystone bedrock a O Perc Testing Summary Perc # 1 480 2 160 3 160 4 69 5 96 6 160 Average 188 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 4750 6300 7900 Bell-Patt System Area 6318 8424 10530 / SCOTT, COX&ASSOCIATES, INC. consulting engineers•surveyors 153055th Street • Boulder.Colorado 80303 (303) 444-3051 Investigation Summary Figure 2 Test Location #3 "e. 3oring Log Ca Uw , 0 C� y i c A . Medium to dark brown silty, sandy, clay Contains organics CD 5 Tan to dark brown, silty, sandy, clay to O Wiz* clayey and silty sand m r 10 a a) C 3erc Testing Summary Perc # 1 120 2 69 3 96 4 160 5 120 6 96 Average 110 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 3100 4150 5200 - -Bell-Patt System Area 4243 5658 7072 fa SCOTT, COX&ASSOCIATES, INC. consulting engineers •surveyors 1530 55th Street • Boulder,Colorado 80303 (303) 444-3051 Investigation Summary Figure 2 Test Location #3 e. 3oring Log m C) i 0 c ■ Medium to dark brown silty, sandy, clay Contains organics 5 a Tan to dark brown, silty, sandy, clay to clayey and silty sand m a 10 m O 'erc Testing Summary Perc # 1 120 2 69 3 96 4 160 5 120 6 96 Average 110 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 3100 4150 5200 --Bell-P att System Area 4243 5658 7072 SCOTT, COX&ASSOCIATES, INC. consulting engineers •surveyors 1530 551h Street Boulder,Colorado 80303 (303) a<4-3051 Investigation Summary Figure 2 Test Location #4 le Boring Log a) U ,a 0 c ■ Medium to dark brown silty, sandy, clay Contains organics 5 O 3g Tan to dark brown, silty, sandy, clay to o clayey and silty sand its t 10 a> a Perc Testing Summary Perc # 1 120 2 60 3 120 4 240 5 240 6 240 Average 170 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 4750 6300 7900 --Bell-Patt System Area 5123 6830 8538 SCOTT, COX 8 ASSOCIATES, INC, consulting engineers •surveyors 1530 55th Slreel • Boulder,Colorado 80303 (303) 4443051 Investigation Summary Figure 2 Test Location #5 "e Boring Log O 0 m 0 7 ■ Medium to dark brown silty, sandy, clay p h sa Contains organics 5 —: Tan to dark brown, silty, sandy, clay to O m _ clayey and silty sand ti Q 10 O O 'erc Testing Summary Perc # 1 96 2 96 3 53 4 240 5 240 6 240 Average 161 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 4750 6300 7900 Bell-Pact System Area 5001 6668 8335 çIl! SCOTT,consulting engineers •surveyors 1530 55th Street • Boulder Colorado 80303 (303) 4443051 Investigation Summary Figure 2 Test Location #6 "e_ Boring Log a, C) ,t 0 co ■ Medium to dark brown silty, sandy, clay Contains organics C7 5 Tan to dark brown, silty, sandy, clay to Cclayey and silty sand CD 10 Claystone bedrock a a) O 3erc Testing Summary Perc # 1 19 2 19 3 40 4 20 5 40 6 20 Average 27 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area 1303 1737 2172 Standard ET Field Area N/A N/A N/A - 3e11-Patt System Area N/A N/A N/A / SCOTT, COX&ASSOCIATES, INC. consulting engineers•surveyors 1530 55th Street Boulder Colorado 503D3 (303) ;gilder Investigation Summary Figure 2 Test Location #7 re Boring Log a> C, cg 0 0 rn Medium to dark brown silty, sandy, clay Contains organics O 5 L O Tan to dark brown, silty, sandy, clay to clayey and silty sand w 10 Claystone bedrock a a) O Perc Testing Summary Perc # 1 15 2 120 3 22 4 19 5 24 6 30 Average 39 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area 1566 2088 2610 Standard ET Field Area N/A N/A N/A Bell-Patt System Area N/A N/A N/A SCOTT, COX ASSOCIATES, INC. consulting engineers•surveyors 1530 55th Street • Boulder Colorado 80303 (303; a44-3051 Investigation Summary Figure 2 Test Location #8 "e 3oring Log 0 C) ,t 0 c . Medium to dark brown silty, sandy, clay p 5 Contains organics CD C Siltstone Bedrock a, CO Q 10 m 'erc Testing Summary Perc # 1 34 2 27 3 120 4 30 5 120 6 40 Average 62 Design Summary # Bedrooms 3 4 5 Septic Tank Volume 1000 Gallons 1250 Gallons 1500 Gallons Infiltrating Field Area N/A N/A N/A Standard ET Field Area 2310 3070 3840 well-Pact System Area 3005 4007 5009 KJl SCOTT, COX&ASSOCIATES, INC. consulting engineers •surveyors 1530 55th Street • Boulder Colorado 80303 2 (303) 444-3051 . . . .. ... ...... Community Dovoloomont Grouo, LLC April 16, 2002 Ms. Celia Greenman, Geologist Colorado Geological Survey 1313 Sherman Street Room 715 Denver, CO 80203 Dear Ms. Greenman We have completed the geotechnical analysis that you requested for The Pointe, which we have submitted for a Change of Zone to Weld County. Based on our previous conversations I believe that the attached report and the following responses complete the requirements from your letter dated February 25, 2002. Subsidence—N/A per your letter Slopes — We have accepted your recommendation that the slopes surrounding the pit be excluded from construction unless lot specific slope stability analysis is performed. We will state in a plat note this condition for receiving a building permit. Soil/ Bedrock — The attached Preliminary Subsurface Investigation details the requested information. Drainage — The attached Preliminary Subsurface Investigation details the requested information pursuant to the groundwater table. ISDS — We have accepted your recommendation that the suggested notes be added as a plat note. Conservation Easement — The Change of Zone submittal of which I recently provided you a copy does not delineate the open space areas as conservation easements. 2500 Araaahoe Avenue, Suite 220 • Boulder, Colorado 80302 (303) 442-2299 • Fox (303) 442-1241 At this time we are requesting a letter addressing our compliance with your recommendations. We will work with Ms. Light to revise the plat documents in conjunction with Weld County's referral and public hearing process. Sincerely, TY DEVELOPMENT GROUP OF ERIE, INC Mike B Weld County Planning Department GREELEY OFFICE APR 17 2002 cc: Ms. Lauren Light Weld County Planning RECEIVED 1555 N 17th Ave. Greeley, CO 80631 - EXRTBTT 0 451 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD LITTLETON, COLORADO 80128-6901 June 5, 2001 Ms. Jennifer Joly Western Environment and Ecology, Inc. 2217 West Powers Avenue Littleton, CO 80120 RE: Isolated Wetlands Determination, Weld County Land Company, LLC, Project No. 13.1-006-01 Corps File No. 200180398 Dear Ms. Joly: We have reviewed the above-mentioned property for Department of the Army (DA) authorization. The property is located in the E '/ of Section 33, Township 2 North, Range 68 West, Weld County, Colorado. Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, No. 99-1178 (January 9, 2001), the DA's regulatory jurisdiction over isolated, non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in the isolated wetlands#1, #2, and#3 indicated in your letter. The Sullivan Ditch and the Cottonwood Extension Ditch are non-jurisdictional. No permit or other authorization by the DA is required for work in the isolated wetlands. Although a DA permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal or local permits as required. Please note that deviations from the original plans and specifications of your project could require other authorizations from this office. If you have any questions concerning this verification, please call Mr. Terry McKee at(303) 979-4120 and reference File No. 200180398. Sincerely, Tim thy . •. are Chief, v- Re lato Office tm WASTE, RONNE_ T D E` L0!GT / ©rnc zs IN arnat AND cataxa .ENCTIION r June 6, 2001 Mr. Mike Burns Weld County Land Company, LLC. 2500 Arapahoe Avenue Boulder, CO 80302 Subject: Wetland Delineation on Eastern 1/2 of Section 33, Township 2 North,Range 68 West, Erie, Colorado. Western Environment and Ecology, Inc. Project Number 134-006-01. Dear Mr. Burns: Western Environment and Ecology, Inc. (Western Environment) was retained by Weld County Land Company, LLC. to conduct a wetland delineation survey on a parcel of land within the eastern 'A of Section 33, Township 2 North, Range 68 West, Erie, Colorado. The survey, conducted on December 19, 2000, delineated and marked three wetlands on the subject site as noted in the wetland delineation report prepared by Western Environment on February 6, 2001. Please find enclosed a copy of the letter from the Corps of Engineers agreeing with these delineations. Should you have any questions or concerns, please do not hesitate to contact us. Thank for the opportunity to provide these services. Sincerely, WESTERN ENVIRONMENT AND ECOLOGY, INC. Jennife Jol Plant Ecologist Enc. Letter from U.S. Corps of Engineers 24337 WEST POWERS a®ENVE • LITTLETOON, COLORADO 80330 PRONE (303)730.9482 • ra (309)9s0-3463 • E-E an • WE8TERNLT0AOLD IE WWW.WES ®N XENSTMOIS OX•FIOEB IN DENVER AND GRAND .J NOTION May 31, 2001 Weld County Planning Department GREELEY OFFICE Mr. Terry McKee FEB 2 6 2002 U.S. Army Corps of Engineers Denver Regulatory Office RECEIVED 9307 South Platte Canyon Road Littleton, CO 80123-6901 Subject: Wetland Delineation on Eastern 'A of Section 33, Township 2 North,Range 68 West, Erie, Colorado. Western Environment and Ecology, Inc. Project Number 134-006-01. Dear Mr. McKee: Western Environment and Ecology, Inc. (WEE)was retained by Weld County Land Company, LLC. to conduct a wetland delineation survey on a parcel of land within the eastern V2 of Section 33, Township 2 North, Range 68 West, Erie, Colorado. The survey, conducted on December 19, 2000, delineated and marked three wetlands on the subject site as noted in the wetland delineation report prepared by WEE on February 6, 2001. Based upon observations by yourself and WEE personnel on April 30, 2001, you felt that wetlands #2 and#3 were non- jurisdictional isolated wetlands. Additionally, by tracing the Spilivan Irrigation Ditch on May 31, 2001, wetlands#1 could also be considered non jurisdictional. Wetland#1, located in the northwest portion of the subject site, has an area of 0.25 acres and drains northwest toward the Sullivan Irrigation Ditch. The ditch was traced through Weld County on May 31, 2001, and does not appear to intercept waters of the United States. Wetland #1 should not be considered a jurisdictional wetland. Wetland#2 stretches along the lower side of the Cottonwood Extension Ditch and has an area of 0.13 acres. Wetland#3 is on the northwest side of the Sullivan Irrigation Ditch and has an area of 1.44 acres. Wetlands#2 and #3 are also isolated wetlands and as so should not be considered jurisdictional. Sincerely, WESTERN ENVIR NT AND ECOLOGY, INC. Jenni r Joly • Plant Ecologist CC: Mike Burns, Weld County Land Company, LLC. agll WEST POWERS AVENUE •LITTLETON, COLORADO 80n0 PRONE (sea( rao-3ssa • raa (sea)730-340t • M-XAIX. - WESTERNLT@SOL.COM w W W.W EBTERNVENPfltON ICENT.COAQ __�-_. _ — + -- 1 it i 14940 l �'r � ' i r"fit r' h__la° V �` � / Asa I i[ f_ g'��/ :p�C?} 17 6= O -'- .� p I 1 2. -_f - _ I - _ I r •= ' - / '( \ L e-n _ .- j.li s 3 1 {€ .. �Ir i ! ,t L-_...._ — - .:9] i a91a Ii r Cr- -.%-... ' e t t+ I Mine Dunes spine ! p SUBJECT SITE----0- } r r I; f ll wi ,' '- _ fsr - 111 Q k -. -1-- ; -. .-4. u _ - -:••,i; 16 �•r PII T)fiM04.. _ t J. 1 • USGS ERIE, COLO. QUADRANGLE 1967, PHOTO REVISED 1979 SCALE 1 :25,000 G USGS FREDERICK, COLO. QUADRANGLE 1950, REVISED 1994 WESTERN ENVIRONMENT Figure 1 - Site Location Map AND ECOLOGY MC% 189 acres in the eastern V2 of Section 33, 2217 West Powers Township 2 North, Range 68 West, Erie, Colorado Littleton, Colorado 80120 lairsr_ 2 BEGINNING \ 9 N89'061.301'2 53 2641.41054 1 &'. emu___—__= —r . '0 ____ _T — 7IT--. 589'08'30'W r 25' VESSELS ELSMT 249,.97' /N ' 3 8" GRN P32996'' /1 // I a� 3 25' VESSELS ESMT ss 30' ASSOCIATED as I // r 2' 8" GAS PIPELINE NATURAL GAS ESMT I 1;; as RN 1732996 8" GAS PIPELINE ht I // uI VA'G'f1AND ARIA i I 26 RN 2306954 36 -� // I ARIA I ,wACRES 17'' WI_ I ANI)AREEA2 3 II / 1/ L12 8 27 00�• SETB4Ck AREA IL 13 ACIt IiS //� 7.4,/ ii V"�� /J , t 5 4 / II \( 11 • a 7 \\ /// QI' // • /I I //// 7.271I� THE SULLIVAN WE ELAND AR iA I • I / a I It )J I J I AREA'0.25 AC ES / �, 1\ II / /' /J r IRRIGATION DITCH / ` \ mI 2 \ / 7a 15' SNYDER OIL ESMT *II ,/,././;- / // Nt N \ / J 3"RNA2323882 Et // / // +{ �— �' f //aN APPROX. LOCATION II /// I/ L8 Ipf / e ro e/I ((L6 V �b,AE4 / L 0, 1114S 4 j 1351 / /, / ' N ��/ G Kirr es i" zj I /A.(17° . ERIE STRIP MIN /%/ i• 2, ab 25" INDUSTRIAL GAS SEEL CAS PIPELINE ES�1T. / /� rII Q RN 1616153 • 13RARCEL F /� J] 25' AMOCO ESMT I I / 186.93 ACRES / 4" & 14' GAS PIPELINE-•-I I"«-- II I /N.Al /�/ RN 1709780-3 / // /I/ N8937'59"E I // 383.78' A• Y // 10' DITCH ROW / ryO��SETB�04' • 10 / Sd LEFT WATER �I / / /ice "L �// / N. S? RN noses // �/ 92B2 1 /1 / ® II £ X383.78'W -J � / i 7/C/ i S IN / 2S' VESSELS ESMT N_ ?(b,-- µ �a 8" GAS PIPELINE 3 I SETB�' /4/ 0 RN 1737636-4 I I' �N. �l I CENTER \ _ __„5 a ' SECTION 33 025' AMOCO ISMr /// 4" & 14" GAS PIPELINE 7/ RN 1709780-2 // // 2336 N8937'46'E 233 • N51)1.25' w ,, — —_______ N8937'46 f 2641.25' `. .6 rc-1/4 �— �__I l' 133 I _ oT _150' PANHANDLE EASTERN ESMT' I ' 6' GAS PIPELINE RN 1950010 200`8 T NM OF PARCEL N.. IS 0R0S ACRE \/4I \per I I,it* \ (•,I. • I � / r ./// #I1 SIN al a PARCEL F � I PJil S IN II DI2331 I /// 2338 \\ l I I \ ' I � • N / \ / I \ / I I N �sE1egi' I I ---11 25' VESSELS ESMT ]6 8" GAS PIPELINE RN 1737636-4 I I 25' VESSELS ESIAT I I 8" GAS PIPELINE I RN 1732894 1 "1129£ 1 !487.95'I mate SCALE I":400' STATE HIGHWAY 52 200 0 200 400 ADAPTED FROM: HURST&ASSOCIATES,INC.(1129/991 WESTERN ENVIRONMENT AND ECOLOGY, INC. FIGURE 1 :WETLAND DELINEATION MAP 2217 WEST POWERS AVE. WELD COUNTY LAND COMPANY, LLC LITTLETON, COLORADO 80120 PART OF THE EAST 1/2OF SECTION 33 (303) 730-3452 TOWNSHIP 2 NORTH, RANGE 68 WEST WFI I-) Cn1 INN Cnl nRAnn PRELIMINARY DRAINAGE REPORT FOR THE POINTE, PUD WELD COUNTY, COLORADO OCTOBER 2001 Prepared by: Pickett Engineering, Inc. 808 8th Street Greeley, Colorado 80631 (970) 356-6362 PEI No. 00-034 Prepared for: Community Development Group of Erie, Inc. 2500 Arapahoe Avenue, Suite 220 Boulder, Colorado 80302 (303) 442-2299 PRELIMINARY DRAINAGE REPORT THE POINTE, PUD WELD COUNTY, COLORADO I. General Location and Description A. General Location The site is part of the Northeast Quarter of Section 33, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The site is bordered on the north by agriculture, on the south by State Highway (S.H.) 52 and agriculture, on the west by agriculture, and on the east by Weld County Road (WCR) 7 and low density residential. B. General Description The 187-acre site is currently an abandoned open pit mine with some agricultural activity. The topography is rolling throughout the site. The open pit mine is located approximately in the middle of the site. Currently the site's soil consists of an overlay of topsoil, medium to dark brown silty sandy clay with organics, tan to dark brown silty sandy clay to clayey sand and silty sand. There are no major storm drainageways in place to control the current storm runoff from the site and adjacent sites. Currently, two predominant irrigation laterals cross the site in three locations. The Sullivan Ditch runs from southwest to northeast and crosses the northwest corner of the site. The Cottonwood Extension Ditch runs from the south to the north. It crosses the site at the southern end and re-enters the site at the mid point of the west boundary, then north through the site. According to the Flood Insurance Rate Map (FIRM) for Weld County, Colorado, Panel No. 850 of 1075, Community Panel No. 080266-0850 C, dated September 28, 1982, the site is located in Zone C. The site is not located in the 100-year floodplain. C. Proposed Subdivision The proposal is to develop 37 estate lots with a gross density of one lot per five acres and three outlots with a total acreage of 8.5 acres. There will be three access points to the site. One access point will be at the intersection of WCR 7 and WCR 16, one will be off of WCR 7, and the third will be a right-in/right-out at S.H. 52. Paved roads and soft surface trails throughout the site will provide connectivity between the lots, bus stop/mail drop and homeowners' association meeting point. II. Drainage Basins and Sub-basins A. Major Drainage Basin Description The majority of the discharge from the site, in its existing condition, runs along the Cottonwood Extension Ditch and ultimately along the Sullivan Ditch. The remainder of the discharge from the site enters the WCR 7 right-of-way, the S.H. 52 right-of-way, and the open pit mine. Since the site is located at the pinnacle of a major drainage basin, discharge from off-site basins is relatively small. Off-site flows will not impact the site adversely. B. Sub-Basin Description Sub-basins for the proposed development were determined from the grading plan, layout of the streets, and other factors that determine basin size and shape. They are shown on the Storm Drainage Map. DI.Drainage Design Criteria A. Regulations/Development Criteria The criteria for the site are to detain the developed 100-year storm water runoff and release it at a 5-year historic discharge rate. The Urban Storm Drainage Criteria Manual, (USDCM, published by the Urban Drainage and Flood Control District — Denver, Colorado), as well as good engineering practices, have been used to calculate the storm water runoff and design the storm water facilities for this site. B. Hydrological Criteria The design storms used were the 5-year for historic discharge, and 100-year for developed discharge. Since the sub-basins are less than 90 acres, the Rational Method was used to calculate historic and developed storm water runoff. Intensity duration frequency curves were developed using the procedure described in Volume I of the USDCM to obtain rainfall data used for each storm specified. A composite runoff coefficient (C) value was calculated based on the average lot size and assumption of how each lot would be developed, see Table 1. Detention ponds were sized using the Modified FAA Method as described in the USDCM, Volume I. D. WaiversNariance from Criteria No waivers or variances are requested at this time. 2 W.Wetland Preservation and Mitigation There are no jurisdictional wetlands located on this property. V. Drainage Facility Design A. General Concept Proposed drainage patterns for the site will be similar to the historic flow paths. The storm water from the site will be routed to detention ponds throughout the site by the proposed streets, ditches, and storm pipe system. From the detention ponds, the storm water will be discharged to a historic flow path at an attenuated rate. B. Specific Details The 5-year historic and 100-year developed discharges were calculated, and are summarized in Table 2. Since the developed discharge is greater than the historic discharge, detention ponds will be constructed with a release rate equal to or less than the 5-year historic rate. The ponds will provide water quality capture volume before their controlled release. The ponds will have adequate volume between the spillway elevation and the water quality control volume elevation to detain the developed 100-year storm. If the outlet structures should ever become plugged, pond spillways will be designed to provide a point for controlled release. Table 2 summarizes pond volumes required for each sub-basin. C. Conclusions When developed, the site's runoff will be increased. Detention ponds throughout the site will control the increased runoff from the site. The detention ponds will detain the 100- year flow from the developed condition and discharge it at the 5-year historic rate, and will also provide water quality capture volume. The design of the proposed drainage facilities will not adversely affect adjacent sites and is consistent with the historic flow patterns of the site. VI.Storm Water Quality Considerations A. General Concept The storm water management plan (SWMP) will be in accordance with good engineering, hydrologic and pollution control practices. The main objective of the plan is to identify the best management practices (BMP) which, when implemented, will meet the terms and conditions set by federal, state, and local agencies. The plan will identify potential sources of pollution, which may reasonably be expected to affect the quality of storm water discharges associated with the construction activity from this site. In 3 addition, the plan will describe the implementation of BMP that will be used to reduce pollutants in storm water discharges associated with the construction activity. B. Specific Details 1. Overlot clearing of the areas to be disturbed will consist of topsoil stripping and subgrade preparation for fill or cut, as required by the grading plans. 2. Installation of erosion control devices will include silt fencing, diversion dikes, temporary seeding, and outlet control protection in the storm water management areas. 3. Rough subgrade will be obtained for building foundations, roads, ponds and landscaped areas. 4. The utilities, the paving operations, and finally the permanent landscaping will be completed for the site. 5. The contractor will be responsible for identifying and specifying materials handling and spill prevention control including, but not limited to, exposed materials such as fertilizers, chemicals, waste piles, and equipment maintenance and fueling areas. C. Conclusions During construction there is not expected to be any non-storm water components of discharge. The project will irrigate common open areas and common landscaping elements of the project. We expect that small amounts of irrigation discharge will occur during the end of construction and following construction activities. Final stabilization will be achieved by the contractor's final vegetative cover installation following final grading procedures. The contractor will be responsible for establishing a healthy stand of grass or vegetative cover where specified. Many of the common open areas, including areas that will be disturbed, will be irrigated and maintained, following the contractor's responsibility, by the homeowners' association. In addition, the storm water management areas are designed as grassed detention ponds that will provide storm water management, and as a BMP will provide water quality for the site, following the construction activity. VII. References The Urban Storm Drainage Criteria Manual (published by the Urban Drainage and Flood Control District—Denver, Colorado) 4 TABLE 1 Average Lot Characteristics Total Lot Acreage= 171.53ac Number of Lots = 37 Avg.Lot Size = 4.64ac % r: :Imperviousaasa; s` it4ti r 0QYear"C'4: Sirs(Acres) ^'rCoMcleat Pas4as 1.00 13 0.16 0.41 9,�, . 0.023 90 0.73 0.81 ` '' 0.0459 90 0.73 0.81 ... 'tH�deveklpeEF`", 3.571 0 0.08 0.35 Total 4.64 4 0.11 0.37 5 -- TABLE 2 Detention Volume (Developed) a+lar- izi,Y r y i .y 8 .. k catchment,',3'3' s x lid: S LL-rr"+ ' " S1( Y . p -"'j" * Stott Wider Storm Water Dratnapa ttalum Wca� :.`��' ° 70o Year " �'Htstoric 3 3 .pes}. sx',o� . Baa6r,_ „(X}"s` e . (yar . � � Y �(aoaq f� 9.23 4.0 100 26 15.2 1.2 38274 0.87 2 , 68.27 4.0 100 34 95.5 8.9 270257 6.20 3 , 13.79 4.0 100 30 21.1 1.8 56988 1.31 ',i4 29.45 4.0 100 19 58.3 3.8 122967 2.82 ‘5'.:40 23.93 4.0 100 38 31.2 3.1 98065 2.25 y�' 'r 1'I 9.74 4.0 100 31 14.6 1.3 40208 0.92 1��',,,.; 3.08 4.0 100 26 5.0 0.4 12767 0.29 6. 10.88 4.0 100 23 19.1 1.4 45231 1.04 a= ,.."it y4,4 9.55 4.0 100 31 14.1 1.2 39397 0.90 1e' _#. 9.86 4.0 100 34 13.9 1.3 40585 0.93 'i 21.09 4.0 100 50 23.1 2.7 85445 1.96 rr.Z. 11.49 4.0 100 28 18.2 1.5 47514 1.09 43''. 8.81 4.0 100 24 15.3 1.2 36609 0.84 6 .-, EXHIBIT Q WESTERN N ENVIRONMENT 0N�T AND t Jc0LO Z INC caw= IT DENVER AND GRAND CTION COLORADO AND SAN JOSE, COSTA RICA, August 7, 2001 Mike Burns Weld County Land Company, LLC 2500 Arapahoe Avenue Boulder, Colorado 80302 Subject: Geologic Hazards, Mine Subsidence Potential, 189 Acres in Section 33, Township 2 North, Range 68 West, Weld County, Colorado. Western Environment and Ecology, Inc Project Number 134-008-01. Dear Mr. Burns: At your request Western Environment and Ecology, Inc (Western Environment) reviewed the files maintained at the Colorado Geological Survey to determine the potential for geologic hazards related to coal mine subsidence occurring on your Section 33 properety. In particular the Amuedo and Ivey study entitled Extent of Mining, Erie Quadrangle (1/31/85) and the Colorado Geological Survey report Inactive Coal Mine Data and Subsidence Information Weld County, Colorado (1983) were studied Based upon these documents and the experience of Western Environment on this and adjacent properties, there is no potential for mine subsidence occurring on the above referenced project. Please feel free to contact us with any questions you may have. cerely, an P. Pr nt. 2247 WEST POWERS AVENUE ° LITTLETON, COLORADO 80120 PRONE (303)730-3452 • r (303)d3e-34e4 ° E-MAIL a WESTE RNLT@SOL.COM WWWWESTERNENVERONDIENT.CON SEP-25-01 10 : 10 AM SCOTT COX AND ASSOCIATES 4443387 EXHTBTT R P. 02 j°scorr1 COX & ASSOCIATES, INC. consulting engineers • surveyors M. Edward Classgow, IV, f.E. • William H. Mitzelfeld, RE. September 25, 2001 Community Development Group • 7950 East Prentice Avenue, Suite 210 Englewood, Colorado 80111 Project: 00521 Ladies and Gentlemen: The purpose for this letter is to further discuss the site geology, soils condition, and the septic system considerations for the proposed "The Pointe" PUD located in Section 33, T2N, RGSW of the 6th P.M. in Weld County, Colorado. This is intended to supplement the two previous reports prepared (August, 2000 and April, 2001). Site Geology The available geologic mapping shows the site to have a mantle of surficial soils of Quaternary age (relatively recent), which are eolian (wind deposited). These surficial soils (which we anticipate to be 0 to 20 feet thick, from this investigation and other investigations that we have completed in the area) are shown to be underlain by units of the Laramie Formation. The Laramie Formation is of Cretaceous age and is the geologic unit that contains the coal deposits, which were widely mined in Boulder and Weld Counties. The Laramie Formation consists of claystone, sandstone, siltstone, carbonaceous shale and coal. While the Laramie Formation is not as infamous in reputation as the Pierre Shale, as the source of the bentonitic, expansive soils problems that have caused tremendous damage to structures along the Front Range, there are some areas of extremely expansive claystones that have been identified within this unit. 1530 55th Street • Boulder, Colorado 80303 • (303) 444-3051 • Fax; 13031 444-3387 • SEP-25-01 10 : 10 AM SCOTT COX AHD ASSOCIATES 1lEZ87 P. 03 Project 00521 Page 2 From a pure geologic standpoint, the site is considered to he stable. While there may be faults in the bedrock, they are associated with the Laramide age mountain building process and have not been active fur millions of years. There appears to have been previous coal mining activities on or near this site. it is likely that coal deposits exist (or existed) beneath this property. However, this report is not intended to ascertain the mineral potential or the risk of subsidence due In previous coal mining activities, if any. We understand that another consultant has been retained lu provide such a study. There is an existing strip mine that exists on this site. Associated with this mine are overburden/debris piles. These piles do not, in themselves, present a geologic hazard. However there are construction considerations as these materials are not suitable for the support of foundation systems, without extensive remediation. These piles of material will have to he removed or will have to be folly investigated to determine how to best construct any structures that might be proposed in these. areas. Please note that these piles of materials have existed on this site for many years and we are not aware of any negative consequences to the presence these materials. The primary geologic concern is the presence of expansive soils. This is discussed in the next section. Soils Conditions Our previous investigations had a dual purpose. The primary purpose for the investigation was to determine the septic system considerations. However, the borings also gave us the opportunity to view the soils and bedrock that exist on this site. As discussed in these previous reports, the primary suns related concern on this site is the potential for building related problems due to the presence of the potentially expansive claystone within the Laramie Formation and possible expansive daughter soils related to weathering of the claystone. Following are the possible building related concerns... SEP-2S-01 10 : 11 AM SCOTT CO?: nHn f1SS0CInTES 4 1'1ZZC7 P. 01 Project 00521 Page 3 The Laramie Formation bedrock and any clay daughter soils that result from direct weathering of the claystone may have significant expansive potential. There are well known engineering and building techniques that will assure that the structures on this site perform satisfactorily. It is possible, even probable, that the structures will have to he founded on drilled piers. It is possible that the residences will require structural floor systems. The necessary precautions may be very location specific and may related directly to the type and thickness of the mantle of soil atop the bedrock, the depth of excavation and the engineering properties of the bedrock units encountered at the location. It is very important that sufficient geotechnical investigation be completed to define the location specific soils conditions. This will allow the appropriate foundation type and slab/structural floor recommendation to be made. However, it is not appropriate to perform such investigations until such time as the locations of the structures are known. It is not that it is unknown as lo whether or not structures can he satisfactorily designed and constructed, it is the type of construction and the appropriate design criteria for the foundation system and floor systems that is in question. Septic System Considerations The percolation testing that we have completed showed a wide range of percolation rates, resulting in a wide range of potential septic system sizes. '!'here will areas that will be suitable for the development of standard infiltration- type systems. I Iowever, the majority of the testing showed percolation rates of over 60 minutes per inch, which would require that the systems be specially designed, using a combination of evaporation and infiltration. There are two relatively standard field design types that can be designed when the percolation rate is above 60 minutes per inch. They are known as standard ET (evapotranspiration) systems and Bell Patt systems. A standard ET system uses the available infiltration combined with a relatively large, field, which is primarily constructed using wicking sand with native grasses planted atop the field. This is intended to maximize the infiltration, transpiration and evaporation. A Bell-Pact system is a low pressure, drip irrigation system. It is sEP-25-01 10 : 12 OM SCOTT CO}: riND ASSOCIATES -1.1-1eZs7 P. OS Project 00521 Page 4 generally cheaper to construct a Bell-Patt system that a standard ET system. However, a Bell-Patt system always has a pump and is generally significantly larger than a standard ET system. We arc aware that there is a prohibition in Weld County of subdivisions that are anticipated to have primarily evaporative septic systems. Please note that there are few pure evaporative system that are designed today. Both of the systems that we have discussed in this section, are combination system that combine the available infiltration with evaporation to provide disposal of the effluent. This results in systems that are large, but given the typical lots sizes on these types of developments, they are not a significant percentage of the area. It has been our experience that septic systems in the southwestern portion of Weld County arc primarily combination systems, as we have discussed in this section. Our investigations have not revealed any groundwater table depths that would impact the design of septic systems. However, the Weld County Health Department regulations require that there be a minimum of 4 feet of suitable percolating coils above either the groundwater table or the competent bedrock contact. Therefore, there may be some issues surrounding the relatively shallow bedrock,possibly requiring mounded systems in some areas. Thank you for consulting with us on this project. Please feel free to contact us if you have any questions or comments. Sincerely, %Uth101111U/A ,p3' gtr'h° SCOTT, COX AND ASSOCIATES, INC. 4>J e PO 1'iiq-i'.cif cUic tt4711�lEl nwr " ,4 By M. Edward a , r iiunuuuutO E Professional Geologist Exhibit U COLORADO DEPARTMENT OF TRANS. _.4TAT1ON COOT Permit No. STATE HIGHWAY ACCESS PERMIT 401110 State Highway No/Mp/Side 52A/009.820/L ^ Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 10/31/2001 04/01/09 Weld County The Permittee(s); Applicant; Ref No. 2001 Weld County Land Company Mike Bums 2500 Arapahoe Avenue, Suite 220 Community Development Group of Erie Boulder, CO 80302 2500 Arapahoe Avenue, Suite 220 303-442-2299 Boulder,CO 80302 303-442-2299 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit Location: The access is to be located on State Highway 52.a distance of 4.313 feet east from Mile Post 9 on the north/left side. THIS ACCESS IS TO SERVE THE 8 SOUTHMOST LOTS ONLY. ALL REMAINING LOTS SHALL ACCESS THE STATE HIGHWAY BY WAY OF WELD COUNTY ROAD 7. Access to Provide Service to: Single-Family Detached Housing.......».._....» 8 Each 100.00 To Other terms and conditions: *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Date Title By (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation in Longmont at 303- 44204382 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person sig • e i must be the owner or legal representative of the property served by the permitted access and have full authority to accept the •- I t s c iti s. Perms Date (x) f C_ at- es R. Rellock, Manage=, ?•Teld Count" Land Cornanv This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date(of issue) Title (x) C , ( 1lt2_ I 11 _ 11/4 Ie l Assistant Access Manager Copy Olin d,�,o^`,: RReeq-uiirred Make copies as necessary! for Previous edlUons Sr.obsolete and may not be usn `J I.Region Local Authority Inspector COOT Form 1101 8191 2Applicant MICE Patrol Traffic Engineer 3.Sta1 Access Section HMW II -ARDEN NICODEMUS PERMIT #401110 (303) 442-4382 YOUR ACCESS INSPECTOR IS ARDEN NICODEMUS. YOU MUST CONTACT THE INSPECTOR AT LEAST 2 WORKING DAYS PRIOR TO ANY ACCESS IMPROVEMENTS OR CONSTRUCTION OF ANY KIND WITHIN THE STATE HIGHWAY RIGHT-OF-WAY. ALL ACCESS ACTIVITY WITHIN THE RIGHT-OF-WAY MUST BE COMPLETED IN 45 DAYS ONCE WORK BEGINS. UPON COMPLETION OF ALL PERMIT REQUIREMENTS, YOU SHALL REQUEST A FINAL INSPECTION BY THE INSPECTOR OR THEIR REPRESENTATIVE. COOT Permit No. i COLORADO DEPARTMENT OF TRANSPORTATION 401110 SH/S/MP STATE HIGHWAY ACCESS CODE 52A/009.820/I. NOTICE TO PROCEED Local Jurisdiction ail Weld County Permittee(s): Applicant; Weld County Land Company Mike Burns 2500 Arapahoe Avenue, Suite 220 Community Development Group of Erie Boulder, CO 80302 2500 Arapahoe Avenue, Suite 220 303442-2299 Boulder, CO 80302 303-442-2299 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. .I-This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as _ppropriate. None Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Ttle L rate (X) Cl.t,. I'I"kL'C C�_ — I fl._ A s AccGS� ✓ 'VI/O ;opy Oistri ution: Required 1. Region Permit files 2.Staff Access Section. As needed: Local Authority, MTCE Patrol, Inspector Form 1265 8/98 1 ) ) property, natural or cultural resources protected by law, or the health and safety 10. Each access shall be constructed in a manner that shall not cause water to of workers or the public. enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and 5. Prior to using the access, the permittee Is required to complete the drainage plan.. construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for 11. By accepting the permit, permittee agrees to save, Indemnify, and hold the Department or issuing authority to initiate action to suspend or revoke the harmless to the extent allowed by law,the issuing authority,the Department, its permit and close the access. If in the determination of the Department or issuing officers, and employees from suits, actions,claims of any type or character authority the failure to comply with or complete the construction requirements of brought because of injuries or damage sustained by any person resulting from the permit create a highway safety hazard, such shall be sufficient cause for the the permittee's use of the access permit during the construction of the access. summary suspension of the permit. It the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and CHANGES IN ACCESS USE AND PERMIT VIOLATIONS Department and included in the permit. The Department or issuing authority may 1. It is the responsibility of the property owner and permittee to ensure that the order a halt to any unauthorized use of the access pursuant to statutory and use of the access to the property is not in violation of the Code, permit terms and ) regulatory powers. Reconstruction or improvement of the access may be conditions or the Act.The terms and conditions of any permit are binding upon all required when the permittee has failed to meet required specifications of design assigns, successors-in-Interest, heirs and occupants. If any significant changes or materials. II any construction element fails within two years due to improper are made or will be made in the use of the property which will affect access construction or material specifications,the permittee shall be responsible for all operation, traffic volume and or vehicle type,the permittee or property owner repairs. Failure to make such repairs may result in suspension of the permit and shall contact the local issuing authority or the Department to determine if a new closure of the access. access permit and modifications to the access are required. 6. The permittee shall provide construction traffic control devices at all times 2. When an access is constructed or used in violation of the Code, section 43- during access construction, in conformance with the M.U.T.C.D. as required by 2-147(5)(c), C.R.S., of the Act applies.The Department or issuing authority may section 42-4-104,C.R.S., as amended. summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, 7. A utility permit shall be obtained for any utility work within highway right-of- welfare or safety. Summary suspension shall comply with article 4 of title 24, way. Where necessary to remove, relocate, or repair a traffic control device or C.R.S. public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the MAINTENANCE Department or issuing authority, and at the direction of the Department or utility 1. The permittee, his or her heirs, successors-in-interest,assigns, and company.Any damage to the state highway or other public right-of-way beyond occupants of the property serviced by the access shall be responsible for that which is allowed in the permit shall be repaired immediately.The permittee is meeting the terms and conditions of the permit, the repair and maintenance of ) responsible for the repair of any utility damaged in the course of access the access beyond the edge of the roadway including any cattle guard and gate, construction, reconstruction or repair. and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. 8. In the event it becomes necessary to remove any right-of-way fence, the Within unincorporated areas the Department will keep access culverts clean as posts on either side of the access shall be securely braced with an approved end part of maintenance of the highway drainage system. However,the permittee is post before the fence is cut to prevent any slacking of the remaining fence. All responsible for the repair and replacement of any access-related culverts within posts and wire removed are Department property and shall be turned over to a the right-of-way. Within incorporated areas, drainage responsibilities for representative of the Department. municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those 9. The permittee shall ensure that a copy of the permit is available for review at cases where the access installation has failed due to improper access the construction site at all times.The permit may require the contractor to notify construction and/or failure to follow permit requirements and specifications in the individual or office specified on the permit at any specified phases in which case the permittee shall be responsible for such repair. Any significant construction to allow the field inspector to inspect various aspects of construction repairs such as culvert replacement, resurfacing, or changes in design or such as concrete forms, subbase, base course compaction, and materials specifications, requires authorization from the Department. specifications. Minor changes and additions may be ordered by the Department or local authority field Inspector to meet unanticipated site conditions. Form 101, Page 3 State Highway Access Permit Page 1 Attachment to Permit No. 401110 -Additional Terms and Conditions I. If there are any questions regarding this permit, please contact Gloria Hice-Idler at(970) 350-2148. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 101) and its two page attachment Exhibits: "A" - Access Plan "B" -Plat "C" - Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon exisiting and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. 7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such reparis. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 12. All costs associated with the installation of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 13. No work will be allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during State Highway Access Permit Page 2 Attachment to Permit No. 401110 -Additional Terms and Conditions adverse weather conditions. 14. Traffic detours or lane closures will not be allowed, unless pre-approved by the Department. 15. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 16. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 17. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping Permit from the Maintenance Section. The access permit does not authorize that activity, although a proposed landscaping plan shall be included in the access permitting document. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Mike Day at the Boulder Maintenance Office, (303)442-4382 to obtain the Landscaping Permit. 18. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications,will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 19. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise,this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions,elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document,assumes no responsibility for the completeness and/or accuracy of the plans. 20. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970) 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 21. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, artifacts, (pottery, stone tools, arrowheads,etc.),the work shall be stopped and the Permittee shall notify the Department inspector. 22. The Permittee or the contractor shall notify Arden Nicodemus at(303) 442-4382 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit. 23. Whenever the work will affect the movement or safety of traffic, the Permittee shall develop and implement a construction traffic control plan, and utilitze traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the work force. The traffic control plan shall be prepared by an American Traffic Safety Services Associaton(ATSSA)certified individual, a Colorado Contractors Association(CCA) certified individual, or a professional traffic engineer in conformance with the Manual on Uniform Traffic Control Devices, and other applicable standards. A copy of State Highway Access Permit Page 3 Attachment to Permit No. 401110 -Additional Terms and Conditions the approved traffic control plan must be on site until the work is completed. 24. The Department inspector may suspend any work due to: I)Noncompliance with the provisions of this permit;2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4)Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 25. The Permittee will be required to obtain a highway right-of-way fence agreement for a special fence if;he Permittee desires to remove the existing standard highway fencing in this area. The Permittee shall contact Mike Day at the Boulder Maintenance Office, (303) 442-4382 . 26. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaing fence. All posts and wire removed shall be returned to the Department. Contact Arden Nicodemus at(303) 442-4382 to make the necessary arrangements. 27. The access shall be constructed 24 feet wide with 20 foot radii. 28. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 29. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2%grade for a minimum of 20 feet. 30. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 31. All required access improvements shall be installed prior to the herein authorized use of this access. 32. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 33. Surfacing of the access shall be completed as per Exhibit "A". 34. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 35. If frost,water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 36. The Permittee shall install a new 18 inch reinforced concrete pipe and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. 37. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 38. All existing drainage structures shall be extended, modified, or upgraded as necessary,to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 39. The Permittee shall request final inspection by Arden Nicodemus at(303) 442-4382 within 10 days following completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 40. A fully executed complete copy of this permit must be on the job site with the contractor at all times during State Highway Access Permit Page 4 Attachment to Permit No. 401110 - Additional Terms and Conditions construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 41. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. COLORADO DEPARTMENT OF TRANSPORTATION Issufgnuu..,dtyali4kaikm 1y`. STATE HIGHWAY ACCESS PERMIT APPLICATION aax)(la°da'e: 10/0/01 ' Instructions: - contact the Department of liansportalion or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form (some questions may not apply to you) and attach all necessary documents and submit it to the issuing authority. Submit an application for each access requested. - if you have any questions contact the issuing authority. i, Please print or type 1)Propeily owner(Pannittoe) 2)Applic ,d WELD COUNTY LAND COMPANY 1.LC COMMUNITY DEVELOPMENT GROUP OF ERIE, INC— street address,city street address,city 2500 Arapahoe Avenue, Suite 220 2500 Arapahoe Avenue, Suite 220 slate&zip phone II slate&zip phone II Boulder, CO 80302 303/462-2299 Boulder, CO 80302 303/4712-2299 3)Acldtess of'impiety lobo serworthy prx❑dl(II known) The Pointe Pill - 187+/— acres, NW of I1CR 717 and State Highway 52 Intersection (see attachel 4)Legal descnplion of properly: map) county ,W,dN6bn black lel seal,., bendrp range Weld I The Pointe I N/A I N/A I 33 I 2N I h9!I 5)What slate highway are you requesting access Iran? 6 What sklo of lie hl iwa L5 I4 US LIE OW fy Y 52 7)1 low many loot is Diu proposed access ftons the neatest mile post? I low llmllny feel Is Mu(nonuser]amass hall the neatest cross skeet? 1180 2250-------__-----Teel(dicta: N S E Irons:--10____..._____ Tail(c E 0)amel:: N S Iron: ..:: _7 , 8)Check lwmll you are loquosliuga - lit new access ❑ temporary access U improvement to existing access LI change In access use U removal of access 9)Wind is the approximate dale you intend to begin conshuction7 Summer, 2002 10)Do you have knowledge of any Slate I lighway access permits serving this property,or adjacent properties in which you'14 a untidily interest. U<no U yes, if yes - what aro the permit number(s)?: and/or, peimll dale: 11)Does the propel ly owner own a have any interests in any adjacent propel ly7 - i' • U no 0 yes, if yes-please describe: Section 4, South of Highway 52 12)Are there other existing or dedicated public streets,roads,highways or access easements borde,ing or within the properly?.. LK no U yes, if yes -list them on your plans and indicate the proposed and existing access ppi its. 13)II you an loquosting adnnetclal a indusldul 01:11055 11101150 balk:010 ibn typos and number of bu:anesses and pinvido the(lour radii njOr loohupl of oath. 11115111055 square loulo n --- ---buslnuss _,`�t`C�T I square footage N/A I_----_-- fl_ _ y"O I__ ( t C2 I 14)II you me 10queslIng out kiddie,full access-how marry no Its will Ilia midis solve? N/A 15)II you ate iegeesting residential developer net1t access,whit is the type(single family apartment.townhouse)and manlier of mills?-1--- IYI1e nundea o11111i1g --_ty e nunnher of units Single Family Detached I U I 16)Provide the loilowiug vehicle count estimates for vehicles II I I• t will use the access.Leaving the pt opts ty then returning Is two mounts.Indicate if your mounts ere LI peak hour volumes or a average daily volumes. rot passe ucan end Yylr bucks MWnx,Yl unithods --- Md Who vehicles • - • lots x 10 trips/day N/A N/A,,.. Molstnye ud wades b excess d 30 A. Sul lam veecbs Maki egdpnn,d Totalcountof a[vehicles N/A • N/A 3 " SD 17)Check wilh the issuing imam fly to determine which el Ow following documents ate impaled to aHI plate the review of your application. (plans sbouki tie no larger than 24'x 36') e) Pt°potty map Indicating other access,bertha kg'midsani shoots. n) l lighway end liiveway Han duffle. I) Igtpmwel access design b) Drainage plan showing impact to the highway tighter-way, g) Paiceh and ovnaiship amps including castanet as. c) Map and toilers detailing utility locations belam IMO alter h) Signing and shlping plans. development in and along the rigid-ol-way. i) Traffic col drop plan. d) Subdivision,zoning,or developnuxu plan. I) hoof el liability insurance. S jj, SKETCH PLAN A'PTACII :D If an access permit is issued to you it will slate the terms and conditions for its use.Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. . The applicant declares tinder penally of perjury in the second degree, and any other applicable state or federal laws, that all Information provided on this form and submitted attachments are to the best of their knowledge true •and complete. Li Applicants signature _ Date :' Mike Burns, Authorized Representative, Community Development Group of • \H ' C1 . - 1S.-.1.r-,—f nc. If the applicant is not the owner of the properly, we require this application also to be signed by the property owner or their legally authorized re I esentative (or other c eptable written evidence).This signature shall constitute agreement with this application by all 61 1-t re 111 s alert in writing. If a permit is authorized, the properly owner will be listed as the porn , is / Pipped), wn oer/sitJ�� -------- ?Dale Char]efz r". Ile. 1.oc , onager, Weld County Land Company, T,I.C ri - 1'( -Ito 1 ' Prevlonn edalons nay be used aunt supplies ere exhausted • LOT Form SW 0l06 ) ) ) i STAGECOACH DPW 3' ASPHALT 6' SUBBASE 60' now 3 >TTJ1. j4. DITCH sntrfR kspwALTrc PAYMENT PAymairASPHALTIC sX1LLLEA DUTCH SURFACE num -N- 11 IaI SECTION s 33 LINE / SCALE !' — 50' U // wic OIAH WASS III RCP .' CULVERT EXISTING:7157.2' EDGE OF ASPHALT m j, i- f4 h ,,E.O-P. RADIUS 20' N m ( N f ,/// ///J ZS! ,177 J/Jl AP'S J//J //A /Jq u L IS 3' STATE HIGHWAY 52 o .\� i o 4f�,j 01 r:a U• 2 0 it The POINT Or ZONe Ai y ME LO COUNTY CO COMPANY,00000LLC S.H. 62 &STAGECOACH DRIVE J PH; 303. 442'2299 FAX: 303'442. 1241 -if' assets n l SIR 1/4 �Mae"' ""IW" COUNTY ROAD 16 .40-,. go Rut Re �_—n/ 11 1.e•▪ - 1• as .. � 1 = 1 1 dV CO ul.- A J P I\ Ie.r�xl g6 aRrM \ P' 1:e•••••••:. I.-Ir LI I. 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Vi/�� '7 '7'II I+ I M 1 12:4""" k)RL"1q IKICE o _ 1 � m y STATE HIGHWAY 52 —___ _— 0� yyy9 o �� o I/�aaPl e L 4 - ---_.-_Af VISlR or WIT CALL UTILITY NOIIfACAI)ON CENIEP 4 THE POINTS PUD IMF Alr „YM ° 1-800-922-1987 re �A�PIGKETT aa; k gtr"_ � ' ENGINEERING • PUD SKETCH PLAN -- _ — - -- - 'd aim Itr°'M1 itil°"kR`RkRY"�` ® INCORPORATED N r er m1 ' " 11" mGO SULTING ENG NEE 5 s.er raRIIFLD COI/NIY LAND COMPANY. LI.C yJr'I"a rL,�($I,J}(�� 1 IL LY:J" mem nnnn"LairrumAme°Rn-...._ lE . IJ�.II Ii2 Ik" I� . . 9 .R)IJ 1 9 J'A.L.RR :5M µµYRC IrIIRf. .n/11[}VRm li0.[°B°tliX.Ir fa • • I c ---> �77 _ A 1 F-7------I di THEca, POINTE ACCESS '- .. . , ., , / �_ \`` S Gulch St, a`1l/�i L --i, .._ '� - e—,/.;,-r—r I Harney A _R nn Valley Grange i / } C.._„Jessum 1 inn 1 1 aN 2 ( } / tl...44; Firul a Lakel-'-- dd ho CreekIQ+'- • / ) FrederlCk Dam Pleasan View Ridge % —I (� 4u4u .-T-� — U Firestone �L, j Firestone'Ai F } _Sltamrcc:<�Mine �_'- ' t, • ' .:: e _Erie t n�. - 3 _.,,cederick II --F--1 + ) pI ( _Baum Mvre5 j �'� H �� / =fur-d5 , ,1�� 1 .,\ 12, i/ �� ,' '/C aPuritan D _ono ,,,,//// � , ��... 1? TjJ. z r �� / BoulderNa�12]ti�i ' .� J J e j \,....,( r / 1/ /'� .GIi4 / Ma 13.00 ✓ '\, `y r f ( Morrison Mine // Wed Oct 10 11:10 2001 _ N\1• L\ •/ / Scale 1:62,500(at center) rte_ / / _I�perial me 1 Miles ._` -L///' f �� —� - il e sca. , a The dunctlor \1 '� i J 2KM � 1�� ; ! N. I i Erie?? l\ 1 .Si,� tonal Li I `. �; _' g — Local Road �—^� l Ea le Mire �_ _.�;_��.n a \ r,ca'a ./` I Major Connector • - _ 17/ I�State Route / Trail I� < r �=Interstate/Limited Access > J �!fT7 shingti Exit o _ /I,1- 1- -v e _ill_,, t T—*- Railroad 7 3aa ~ w - /2- '--„, _Columbine Mine '-' h li ti: ! 1 'T 4p !! � ,�� rhas a .000 D<Lorme. rAtlas USA:'C 2000 GOT.Inc..Q.I.01;^000 ¢ 9703502198 SOT TRAFFIC ^ 891 P02 NOU 14 '01 14:29 40I I (0 Community rDev( lopn )nt Croup, L { C November 6, 2001 Mrs. Gloria Hice-Idler Access Coordinator CDOT 1420 2o° Street Circleyy, Co 80631 VIA FACSIMILE: (970) 350-2198 Dear Mrs. Hice Idler, The State Highway Access Permit Application as submitted for The Pointe is for a proposed residential PIJD in Weld County that consists of 37 unirc It appears that the Access Permit as approved for the 8 units anticipates 20% of the total site generated traffic utilizing Hwy 52. Et is our ontiprstaricling that does not from CDOT's perspective coastzain the Sernal roadway connectivity for the project. More accurately, the fast 8 units off of HWY 52 will have secondary access through the internal roadway system to WCR 7, as represented on the Access Permit Exhibit "B" - The Pointe HID Sketch Plan. To this end, we have with our Change of Zone submittal provided a second access to the project off of WCR 7. Sincerely. CO : I I)EVF.I.OPMENT GROUP OF ERIE, INC. Mike B L C'om h?SI c r^ A55'F ac cw s s (\et o-t ` al 2h0C) Arc: cmcr Avonue. Surle 220 • Rot 1icar;r. C olcxndn 80302 (3m) M2 2299 - fox (31)3) ^/12 1241 EXYTBTT V Co 'r ty DevoopTe Cro p, LLC September 14, 2001 Mr. Scott Toillion Planning Manager St. Vrain Valley School District 395 S. Pratt Parkway Longmont, CO 80501 Dear Scott, I appreciate the information that you provided last week regarding the St. Vrain School projections for the Town of Erie area. We are very supportive of the District's current bond proposal and feel that it is an excellent investment. As we discussed with Mr. Kirkland from your office last week we are currently processing a 37 unit residential project called The Pointe. located in Weld County. As part of this process we want to provide Weld County with the most accurate projections of the impact of our project on the schools. I have attached our anticipated absorption schedule for The Pointe. Additionally, I am providing my analysis of the impact on the schools from the development. As you can see a 37 unit residential development that generates a total of 24 new students over the next several years is a minimal impact on the district's facilities. This analysis is based on the success of the November bond election, though the impact of these 23 students even without the construction of new schools appears to be minimal. At this time, we are requesting your comment or concurrence on our projections. Sincerely, CO ITY DEVELOPMENT GROUP OF ERIE, INC. Mike B Irns THE POINTE WELD COUNTY, COLORADO ST VRAIN SCHOOL DISTRICT SCHOOL IMPACT ANALYSIS THE POINTE CENTER LAND USE Elementary School Middle School High School Housing Type Total Units Students Students Students single family 37 13 5 6 TOTAL 37 13 5 6 THE POINTE OCCUPANCY ESTIMATE Housing Type 2003 2004 2005 2006 2007 Total single family 7 8 8 7 7 37 THE POINTE YEARLY SCHOOL IMPACTS School 2003 2004 2005 2006 2007 Total Elementary 2 3 3 3 2 13 Middle 1 1 1 1 1 5 High 1 1 2 1 1 6 9/14/01 THE POINTE WELD COUNTY, COLORADO ST VRAIN SCHOOL DISTRICT SCHOOL IMPACT ANALYSIS TOWN OF ERIE ENROLLMENT PROJECTIONS excluding THE POINTE Elementary Capacity 2003 2004 2005 2006 2007 2008 2009 2010 revised erie elementary 576 354 395 432 467 502 534 347 364 erie elementary west 528 326 365 398 431 463 493 315 330 erie elementary east 528 N/A N/A N/A N/A N/A N/A 315 330 Secondary Capacity 2003 2004 2005 2006 2007 2008 2009 2010 erie middle 620 319 338 385 425 465 503 538 571 new erie high 1200 422 448 510 563 616 666 714 757 TOWN OF ERIE ENROLLMENT PROJECTIONS including THE POINTE Elementary Capacity 2003 2004 2005 2006 2007 2008 2009 2010 revised erie elementary 576 356 400 440 478 515 547 360 377 erie elementary west 528 326 365 398 431 463 493 315 330 erie elementary east 528 N/A N/A N/A N/A N/A N/A 315 330 Secondary Capacity 2003 2004 2005 2006 2007 2008 2009 2010 erie middle 620 320 340 388 429 470 508 543 576 new erie high 1200 423 450 514 568 622 672 720 763 9/14/01 EXHTB?T Y .,''.• 'vtfcL . TOWN OF ERIE S7-a January 31, 2001 Monica Daniels-Mika, Planning Director Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Re: Section 33, Township 2 North, Range 68 West of the 6th P.M. Weld County, Colorado Dear Monica: The owner of approximately 187 acres located north of Highway 52 west of WCR 7 recently notified the Town of Erie of his intent to apply to Weld County for rezoning and subdivision to permit five acre home sites. This is a portion of the property that was proposed for annexation to the Town as part of the 1999 Northfield proposal. We offer this letter in response to the landowner's request for a letter from the Town regarding the proposal's conformance with the Town of Erie Comprehensive Plan. The general vicinity of the subject property was designated as Low Density Residential in the 1996 Erie Comprehensive Plan, and revised to Rural Preservation on the 1999 updated Plan. The revised land use designation reflected not only the Town's continued desire to preserve the rural character of the area, but to reflect the Town's policy that Erie not provide utilities to urban development north of Hwy 52. Our Comprehensive Plan does, however, provide for a regional wastewater treatment plant to be established northwest of the subject property at a date not specified in the Plan, but which we now believe will occur in 2005 or 2006. The 1999 Comprehensive Plan also amended the 1996 Plan in another manner pertinent to this proposal. The land use designation assigned to over half of the land area in the Erie Planning Area, "Open Space" was amended to "Rural Preservation" to reflect the fact that uses other than open space are permitted on the land so designated. The Town's desire is to acquire much of the land so designated for public open space as has occurred in much of the Boulder County portion of the Erie Planning Area. Recognizing that the • Town can't reasonably expect to acquire all such property, the Town felt that the use designation should more clearly accommodate uses other than open space. Residential use at a density of 1 Dli per 5 acres (RP-2 District minimum lot size in the Erie Zoning Code) is a permitted use. • 6a5 Holbrook• P.O. Box 750•Erie.Colorado.805)6•Phone(303)665-3555•Fax(303)665.3557 - _ - - Thus we find ourselves in a timing situation wherein a development application is being made to the County that is consistent with the land use desienation of our Comprehensive Plan, but that is in an area that the Town cannot reasonably annex at this time, doesn't intend to serve with water, and will not be able to provide with wastewater treatment for several years. Given the situation, it seems appropriate that the landowner's application to the County is the applicant's proper approach. We request the opportunity to work with your office in review and evaluation of the proposal. While we are not familiar with the County's requirements and procedures regarding such applications, it would seem appropriate to consider clustering as a means of mitigating the sprawl aspect the proposal. I offer one last observation for your consideration. The Town is currently in a consensus building effort, the Erie Stakeholders Assessment Process (ESAP), which could lead to re-evaluation of the Comprehensive Plan. ESAP is scheduled to reach conclusions in April of this year, so we may have additional input relative to this project at that time. As you know, Steve Stamey has joined our staff as Director of Community Development, and I have fully reviewed the intricate history of this property with him. Steve can be reached at my old number, 303-926-2770. My new number is 303-926-2710. Sincerely, TOWN OF ERIE Dennis A. Drumm Town Administrator cc: Mike Bums, Weld County Land Company, LLC ✓ N. • EXATB Z TT TOWN OF FREDERICK P.O. BOX 435 • FREDERICK, CO 80530 • Phone: (303) 833-2388 \n �� ^ FAX: (303) 833-3817 • METRO: (303) 659-8729 • July 25, 2001 Community Development Group, LLC 2500 Arapahoe Avenue, Ste. 220 Boulder, CO 80302 Dear Sir or Madam: The Town of Frederick Planning Commission has reviewed the sketch plan for The Pointe. It is the recommendation of the Frederick Planning Commission this development continues with the county. The Town of Frederick Planning Commission, at this point, has no desire to change their planning boundaries to include this property. Very truly yours, :C% ‘72de/ lie /Conde Town of Frederick Planning Commission Secretary EXHTBTT AA INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE TOWN OF FREDERICK, THE TOWN OF ERIE, AND THE COUNTY OF WELD THIS INTERGOVERNMENTAL AGREEMENT is made and entered this day of , 2001, by and among the TOWN OF FREDERICK, COLORADO, a Colorado municipal corporation (hereinafter referred to as "Frederick"), the TOWN OF ERIE, COLORADO, a Colorado municipal corporation (hereinafter referred to as "Erie"), and the COUNTY OF WELD, a body corporate and politic of the State of Colorado (hereinafter referred to as the "County"). RECITALS WHEREAS, Article 20, Title 29, Colorado Revised Statutes, the Local Government Land Use Control Act of 1974, as amended, (hereinafter referred to as the "Act"), enables the parties hereto to enter into an Intergovernmental Agreement for the purpose of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building and related regulations; WHEREAS, the Act further provides that local governments may provide, through intergovernmental agreements, for the joint adoption by the governing bodies, after notice and hearing, of mutually binding and enforceable comprehensive development plans for areas within their jurisdictions; WHEREAS, existing and anticipated pressures for growth and development in areas surrounding Frederick and Erie indicate that the joint and coordinated exercise by Frederick, Erie and the County wilt best promote the orderly regulation of development and use of the land and the objectives as set forth in this Agreement; and, WHEREAS, Frederick and Erie agree upon the need to establish common boundaries between the two municipalities and desire an agreement to govern the annexation, land use and development of land in Weld County. NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 1. ANNEXATION. 1.1 The Annexation Boundary Map attached hereto and marked as Exhibit "A," delineates the annexation limits for Frederick and for Erie, for the purposes of this Agreement. The map contains an annexation limit line (hereinafter the "Annexation Limit Line") which demarcates the areas designated for annexation to each municipality as agreed to herein below pursuant to the terms of this Agreement. 1.2 Erie shall not annex any property located in the area defined as both east of Weld County Road ("WCR") 7, and north of State Highway ("SH") 52. This area shall be designated as the "Frederick Annexation Area." 1.3 Frederick shall not annex any property located in the area defined as west of WCR 7, and between SH 52 and WCR 16.5. This area shall be designated as the "Erie Annexation Area." 1.4 Frederick shall be designated as the municipality allowed to annex any or all of the northern half of Section 3, Township 1 North, Range 68 West of the 6th P.M. (hereinafter referred to as "Section 3") in the area south of SH 52, from WCR 7 east to Interstate 25, (this shall be designated as a portion of the Frederick Annexation Area), and Erie shall be designated as the municipality allowed to annex any or all of the southern half of Section 3 and properties to the south of Section 3 (this shall be designated as a portion of the Erie Annexation Area). 1.5 All annexations and development applications received by a party to this Agreement concerning property located in Section 3 shall be referred to the other two parties to this Agreement for their review and comment a minimum of fifteen (15) days prior to any final action being taken on the application by the party receiving the application. 1.6 It is the intent of this Agreement to allow Frederick to annex, at its sole decision and determination, the property located within the Frederick Annexation Area, and to allow Erie to annex, at its sole decision and determination, the property located within the Erie Annexation Area. It is further the intent of this Agreement to prohibit Frederick from annexing property located in the Erie Annexation Area, and to prohibit Erie from annexing property located in the Frederick Annexation Area. 1.7 The Annexation Limit Line follows WCR 7 from one-half mile south of SH 52 to WCR 16.5. To comply with state statutes and to facilitate maintenance and policing, each party shall annex the entire WCR right-of-way as follows: Frederick shall annex the entire width of WCR 7 from SH 52 north, and Erie shall annex the entire width of WCR 7 from SH 52 south. Frederick and Erie agree to permit the other party access to WCR 7 at locations requested by the other party, said access locations to be consistent with normal and customary arterial street spacing and improvement standards. Frederick and Erie further agree to take appropriate actions • to ensure that as properties adjacent to WCR 7 are platted, additional right-of-way is dedicated to the party responsible for that portion of WCR 7, and that improvements along the frontage of the property along WCR 7 are constructed at the expense of the property owner at the time of subdivision or development unless other arrangements are made with the municipality responsible for the street. The full width of Colorado 52, east of WCR 7, shall be the obligation of Frederick to annex. 1.8 Frederick and Erie agree to cooperate in the planning of land use, street design, buffer areas and access along WCR 7 from one-half mile south of SH 52 to WCR 16.5. 2. BUFFER AREAS. 2.1 Frederick and Erie agree to cooperate in the planning (see Section 1.8, above), acquisition (see Section 2.3, below), and maintenance of open space buffers between the municipalities. Land within the buffer areas may be annexed up to the Annexation Limit Line. 2.2 As Frederick has already given final plat approval to the property located in the northern half of Section 3, and no buffer area was designated by Frederick in that final approval, Erie is encouraged to provide the buffer area separating the municipalities along the southern boundary between the Frederick Annexation Area and the Erie Annexation Area. 2.3 Both Frederick and Erie agree to acquire land within the buffer area by dedication,purchase, conservation easement, or by such other conveyance as may be practical to meet the requirements herein of maintenance and creation the buffer areas. 3. WELD COUNTY DEVELOPMENT. The County shall allow only non-urban residential development within the unincorporated areas of the County which are designated herein for annexation to Erie and to Frederick (the Frederick Annexation Area and the Erie Annexation Area). "Non-urban residential development," for the purposes of this Agreement, shall be defined as residential land uses which typically do not require municipal services such as central water and sewer systems, road networks, park and recreation services, storm drainage, and other comparable services, and which are generally considered to be rural in nature, expressly including land used or capable of being used for agriculture production. Any person or entity who seeks to develop unincorporated land located in the Frederick Annexation Area or the Erie Annexation Area for land uses other than non-urban development shall be referred by the County to either Erie or Frederick, as appropriate, to apply for annexation and development consistent with the restrictions set forth in this Agreement. 4. COMPREHENSIVE DEVELOPMENT PLAN. The parties hereto agree that this Agreement is intended to be a comprehensive development plan adopted and implemented pursuant to 29-20-105(2), Colorado Revised Statutes. • 5. ROAD IMPACT FEES. 5.1. Frederick anticipates adopting and collecting the road impact fees that have been proposed by Weld County. Frederick may collect these fees as it deems appropriate within the Frederick Annexation Area. Frederick shall be responsible for all roadway improvements required within and adjacent to the areas annexed to Frederick. 5.2. Erie does not anticipate adopting or collecting the road impact fees proposed by the I-25 Corridor Group. Erie shall not be required to collect or impose the road impact fees within the Erie Annexation Area. Erie shall be responsible for all roadway improvements required within and adjacent to areas annexed to Erie. 6. ASSIGNMENT. This Agreement shall not be assigned by any party without the prior written consent of the other parties. . 7. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be give at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the mail of the Unites States Postal Service. 8. EXHIBITS. All exhibits referred to in this Agreement are by reference incorporated herein for all purposes. 9. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 10. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take additional action necessary to carry out the terms, requirements and obligations of this Agreement. 11. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties, and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. • 12. DEFAULT. Time is of the essence. If any payment, condition, obligation, or duty is not made timely, tendered, or performed by either party, then the non-defaulting party may recover such damages as may be proper, and shall have the right to an action for specific performance or damages or both. 13. WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. 15. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 16. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 17. NO THIRD PARTY BENEFICIARIES. This Agreement is intended to describe the rights and responsibilities only as to the parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto. 18. FINANCIAL OBLIGATIONS OF THE PARTIES. All financial obligations of the parties under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. Nothing in this Agreement shall be deemed to pledge a party's credit or faith, directly or indirectly, to the other parties. 19. RECORDING. This Agreement shall be recorded with the Weld County Clerk and Recorder. 20. NO PRESUMPTION. The parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted. 21. SEVERABILITY. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstance or the validity, or enforceability of the Agreement as a whole. 5 22. EXECUTION REQUIRED. This Agreement shall bind Frederick and Erie upon their mutual execution of this Agreement, and the County shall be bound by the Agreement upon its execution of this Agreement. 23. TERM. This Agreement shall become effective upon its execution by the parties for a period of twenty (20) years from the date of its execution. 24. REMEDIES. The remedies available to the parties for enforcement of this Agreement are those provided for in section 29-20-105(2)(8), Colorado Revised Statutes, as they may be amended from time to time. No party shall claim any remedy for damages arising from an alleged breach of this Agreement by any other party. IN WITNESS WHEREOF, this Agreement is executed by the parties hereto in their respective names as of the date and year first set forth above. TOWN OF FREDERICK, COLORADO, a Colorado municipal corporation By: Edward I. Tagliente, Mayor P.O. Box 435 Frederick, CO 80530 ATTEST: By: Town Clerk TOWN OF ERIE, COLORADO, a Colorado municipal corporation By: Tom Van Lone, Mayor 645 Holbrook P.O. Box 750 Erie, CO 80516 • Continued on next page ATTEST: By: Linda Salas, Town Clerk BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, a body corporate and politic of the State of Colorado By: Mike Geile, Chair P.O. Box 758 Greeley, CO 80632 ATTEST: By: Clerk to Board of County Commissioners of the County of Weld r 7 Exhibit "A" (Annexation Delineation Map) 8 ) ) ) h � � � ' T ' i i -i_ l ____,_, , / f 2B -PB I I m I I wa I I ..I I 11 11 I 11 11 11 1 I I 1 9_ i-1- i,(_ ,' II Eli P7 i/ �' d C H , i j! O3 12i 35 i 3B __l , / JP 33 I - _ °„ �/ �' Tow of Erie i w • — j Annex tion Area) rc kI nj A//NE L ROd I Hwy 5 �� f , 1--' p - I _ _ I Fm ! 3 l / B 3 4 11 I-� \ , e tion , /� Lim t me r I ( ) ri XENOSN• ROAD I r r li ( J 1 !B� II 12 B `-P L B 1 �1 , ::5I r, Li 6.1 1 N F5 ✓ASPEA ROAD IY I \\ N ` I. I 1� t'.! •V V \ 1 . 1 -- - - 77 le is T �- „-------- I?, -1 ,-, ,,, ..., \ : r f / I - WELD COUN7 ROAD B / I � 1 nr 1 a u J tNorth Annexation Boundary Map Exhibit "A" I EXHTBTT CC Sep- 14-01 02 : 53P western environment and e 303- 0-3461 P . 02 ENT et ct /i-mss? United States Department of the Interior '- �• FfSt1 AND WILDLIFE SERVICE %es J 1e>� Ecological Services Colorado Field Office 755 Parfet Street, Suite 36] Lakewood, Colorado 80215 iN REPLY REFER TO: ES/CO: T&E/PM.I M/Survey. Mail Stop 65412 SEP 1 2 2001 Jennifer Joly Western Environment and Ecology, Inc. 2211 West Powers Avenue Littleton, Colorado 80120 Dear Ms. Joly: Rased on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 I1.S.C. 1531 get seq.), the Service reviewed three Preble's meadow jumping mouse, Zapus hudsonius preblei, (Prehle's) survey reports of August 6, 2001. 'these reports regard: • 596 acres in Section 10, Township 1 North, Range 68 West, • 189 acres in Section 33, Township 2 North, Range 68 West, and • Sectionl4, Township I North, Range 68 West in Weld County, Colorado. Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable and agrees that Preble's habitat is not present within the subject areas. Thus, the Service concludes that development or other actions on these sites should not have direct adverse effects to Preble's. Should Preble's populations exist downstream from the sites, actions on the sites that result in significant modification of Preble's habitat downstream @fir example, through alteration of existing flow regimes, or sedimentation) may he subject to provisions of the ESA. II'the Service can he of further assistance, please contact Peter Plage of my staff at (303) 275-2370. SinCcr• LeRoy . Carlson Colorad Field Supervisor Hello