HomeMy WebLinkAbout961612.tiff STATE OF COLORADO
-- OFFICE OF THE STATE ENGINEER
Division of Water Resources i�co-°�
Weld County Planning r .
Department of Natural Resources I tV
1313 Sherman Street, Room 818 *r *I
•
Denver,Colorado 80203 •1876•
Phone(303)866-3581 June 25, 1996 JUL 0 o 1996
FAX(303)866-3589
omer
v
Ms. Gloria Dunn RECEIVE, S.Lochhead
Weld County Planning Department Executive Director
1400 N. 17th Avenue Hal D.Simpson
Greeley, CO 80631 State Engineer
Re: Buffalo Ridge Estates Subdivision, S-401
W1/2 Sec. 12, T1 N, R66W, 6THPM
W. Division 1, W. District 2
Dear Ms. Dunn:
We have reviewed the above referenced proposal to subdivide a 195.47 acre parcel into
52 residential lots with a minimum size of 2.7 acres. A water supply report, dated May 10,
1996, prepared by WRC Engineering Inc., indicates that domestic water requirement will be
280 gallons per day (80 gallons per day per person with 3.5 persons per house) for a total
annual in-house use of 16.3 acre-feet for the 52 houses. Also, each lot will have up to 5,000
square feet of irrigated area per lot resulting in an annual irrigation requirement of 23.9 acre
feet. Total annual water requirement, including both in-house and irrigation use, is 40.2 acre-
feet.
The water supply is to be from a series of 7 wells in the non-tributary Laramie Fox-Hills
aquifer. The report indicates that under Senate Bill 5 rules based on a 100 year aquifer life,
there is 46.8 acre-feet available annually in the Laramie Fox-Hills aquifer. No information was
included related to the operation and control of the central water supply system. Based upon
our records relating to this parcel of land, neither a water court decree has been secured nor
have the referenced well permits been issued. We also take exception to the amount of water
available for annual appropriation. Our preliminary analysis estimates 36.5 acre-feet of water
available on an annual basis. It is based upon a saturated thickness of 125 feet estimated
from the two geophysical logs available at the site.
Pursuant to Section 30-28-136(1)(h)(l), C.R.S., the State Engineer's Office offers the
opinion that, until the applicant can provide evidence of valid well permits or a water court
decree, the water supply as proposed will result in material injury to decreed water rights and
is inadequate.
If you have any questions in this matter, please contact John Schurer of this office.
Sincerely,
Steve Lautenschlager
Assistant State Engineer
SPL\WCM 961612
cc: Richard Stenzel, Division Engineer
Water Supply Branch, buffalor EXHIBIT
7ot_
MEMORANDUM
TO: Bill McIntyre/John Schurer July 15, 1996
State Division of Water Resources
COLORADO
FROM: Gloria Dunn, Current Plannerp1
SUBJECT: S-401, Major Subdivision Preliminary Plan for John & James
Martin
A letter was faxed to your office from WRC Engineering, Inc. regarding the above application.
The letter proposes a reduction in the allowable outside irrigated area for the 52 Estate-zoned
lots from 5,000 to 4,000 square feet.
Would you please review the changes specified in the letter and provide written comments to
me at your earliest convenience? Thanks for your help.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
961612
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
�pF Cp�O
Division of Water Resources R,\
Department of Natural Resources
1313 Sherman Street, Room 818
� *
Denver,Colorado 80203 .ra75 w
Phone(303)866-3581
FAX(303)866-3589
July 24, 1996 Roy Romer
Governor
James S.Lochhead
Ms. Gloria Dunn Executive Director
Weld County Planning Department Hal D.Simpson
1400 N. 17th Avenue State Engineer
Greeley, CO 80631
Re: Buffalo Ridge Estates Subdivision, S-401
W1/2 Sec. 12, T1 N, R66W, 6THPM
W. Division 1, W. District 2
Dear Ms. Dunn:
We have reviewed a revised proposal for the above referenced subdivision of a 195.47 acre parcel
into 52 residential lots with a minimum size of 2.7 acres. A Water Resource Report, dated May 10,
1996, prepared by WRC Engineering Inc., indicates that in-house domestic water requirement will be 80
gallons per day per person with 3.5 person occupancy for 280 gallons per day with a total of 16.3 acre-
feet for the 52 lots. A revised irrigated area of 4,000 square feet per lot will require 19.1 acre feet
annually. Total annual water requirement including both in-house and irrigation use is 35.4 acre-feet.
The water supply is to be from a series of 7 wells in the non-tributary Laramie Fox-Hills aquifer.
No information was included related to the operation and control of the central water supply system. As
stated in our letter of June 25, 1996, under senate Bill 5 rules, based on a 100 year aquifer life and an
estimated saturated thickness of 125 feet, there are 36.5 acre-feet available annually from the Laramie
Fox-Hills aquifer underlying the 195.47 acres. However, the applicant has not obtained a water court
decree for water in the Laramie Fox-Hills aquifer or the required well permits, which would confirm their
claim to the water.
Pursuant to Section 30-28-136(1)(h)(l), C.R.S.,the State Engineer's Office offers the opinion that
until the applicant can provide evidence of valid well permits or a water court decree, the water supply
as proposed will result in material injury to decreed water rights and is inadequate.
If you have any questions in this matter, please contact John Schurer of this office.
Sincerely,
dert Steve Lautenschlager
Assistant State Engineer
SPLUS
cc: Richard Stenzel, Division Engineer Weld County Planning Dept.
Water Supply Branch
,ufeOZ JUL 2 9 119996
EXHIBIT
I RECEIVED
961612
'`, , MEMORAnDU
Gloria Dunn, Current Planner July 8, 1996
To Date
COLORADO Don Carroll, Project Coordinator Mk
From
S-401, John T. and James I. Martin, Martin Subdivision
Subject: Preliminary Plan
Mylar:
The applicant needs to place on the mylar a typical cross section of WCR 35 and WCR 10. This cross section •
should identify width and depth of asphalt and base. It should also show the shoulders, identify the driving lanes,
borrow pit ditches, and all pertinent rights-of-ways.
Application requirement, Item No. 7, does not match the typical cross section--60 feet, Internal Right-of-way. The
applicant needs to place the driving lanes and the shoulders on the typical cross section.
The applicant has indicated that the minimum radius for a cul-de-sac is 55 feet. The subdivision regulations state
that the minimum turnaround needed for a cul-de-sac should be a 65 foot radius (See Section 10.2.1.13).
I would like to see the additional abutting landowner's names placed on the mylar adjacent to WCRs 35 and 10 in
accordance with Section 10.2.1.11.2.
Road Maintenance and Improvements Agreement:
The applicant has indicated a possible agreement on upgrade, pavement, and improvement for WCRs 35 and 10
from the nearest paved road to the entrances of the subdivision. The applicant will need to finalize this agreement
with the Weld County Public Works Department prior to recording the final plat.
Storm Water Drainage:
I have reviewed the storm water drainage application and verified the calculations to my satisfaction. There are
many drainage basins on-site that could possibly hold storm water run-off until evaporation. I would like an item
to be included in the condition standards stating where the building envelope for each site should be placed. If
possible, it should be placed on a high point of the property. None will be allowed in the blow-out hole areas.
Subdivision Ordinance:
This subdivision's requirements fall in a"grey area" as the subdivision was started prior to December 5, 1995. This
was the date that the new Ordinance,No. 173C, was invoked stating that all streets within major subdivisions and
planned unit developments will be paved in accordance with the following standards under Section 10, Design
Standards.
cc: Commissioner Hall
S-401 file
plan6
EXHIBIT
76
(twit; mEmORAnDUM
'ilk Gloria Dunn, Current Planner August 2, 1996
To Date
COLORADO Don Carroll, Project Coordinator logs:.
From
Subject: S-401, John T. and James I. Martin, Martin Subdivision
Mylar:
The applicant needs to place on the mylar a typical cross section of WCR 35 and WCR 10. This
cross section should identify width and depth of asphalt and base. It should also show the shoulders,
identifying the driving lanes, borrow pit ditches, and all pertinent rights-of way.
Application requirement, Item No. 7, does not match the typical cross section--60 feet, Internal
Right-of-way. The applicant needs to place the driving lanes and the shoulders on the typical cross
section.
The applicant has indicated that the minimum radius for a cul-de-sac is 55 feet. The subdivision
regulations state that the minimum turnaround needed for a cul-de-sac should be 65 foot radius. (See
Section 10.2.1.13.)
I would like to see the additional abutting landowner's names placed on the mylar adjacent to WCRs
35 and 10 in accordance with Section 10.2.1.11.2.
Road Maintenance and Improvements Agreement:
The applicant has indicated a possible agreement on upgrade,pavement,and improvement for WCRs
35 and 10 from the nearest paved road to the entrances of the subdivision. The applicant will need
to finalize this agreement with the Weld County Public Works Department prior to recording the
final plat.
Storm Water Drainage:
I have reviewed the storm water drainage applicant and verified the calculations to my satisfaction.
there are many drainage basins on-site that could possibly hold storm water run-off until evaporation.
I would like an item to be included in the conditions standards stating where the building envelope
for each site should be placed. If possible, it should be placed on a high point of the property. None
will be allowed in the blow-out holes areas.
New Ordinance:
The subdivision regulations have been amended by Ordinance NO. 173C. It states that all major
subdivisions and planned unit developments are required to have its internal roads paved. The
Public Works Department recommends that the internal streets be paved as each phase is developed.
EXHIBIT
961612 • --
Gloria Dunn
August 2, 1996
Page 2
Additional Right-of-Way:
The applicant has secured additional right-of-way through the development on both roads, WCRs
10 and 35. The right-of-way should be set aside for future development of adjacent property in the
area.
Where the paving stops at both entrances to the subdivision, a type-three barricade should be placed
at t his location with adequate access around the barricade to provide field access to the adjacent
property owners at both locations.
cc: Commissioner Hall
S-401 file
plan20
961612
OE FORT [p
' p'°= City of fort J.upton -
4 *A _ P.O. BOX 148 COUNTY OF WELD.
130 S. McKINLEY AVENUE
FT. LUPTON, CO 80621 (303)857-6694
COLORADO
PURE ROCKY MOUNTAIN WATER IN '96
THE "PROUD TO BE" CITY
LA CIUDAD "ORGULLOSA DE SER"
June 18, 1996
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
RE: S-401
Dear Sirs:
Planning Commission for the City of Fort Lupton reviewed the above mentioned referral at our
regular meeting of June 11, 1996.
The Planning Commission had the following concerns:
The concerns that the City had when the subdivision sketch plan was presented were not
addressed. The Planning Commission had asked that a bridged be built to allow access to the
other subdivision. The Planning Commission felt there should be two bridges built to cross the
canal.
The commission was also concerned that fire access was not addressed. The Planning
Commission was concerned about whether the central storage for water would be adequate in
case of a fire.
The Planning Commission was concerned because the area surrounding the subdivision is
undeveloped and access issues have not been addressed should those areas be developed in the
future. Because of access issues the Planning Commission would like to see Weld County Roads
35 and 10 completed.
EXHIBIT
961612 1 7G
The Planning Commission would like Weld County to consider how the existing first phase of the
subdivision is doing in relation to water. If the first phase is having problems it might not be wise
to add new housing.
Please take the concerns of the Planning Commission into consideration when you take action on
this referral. If you have any questions or if we may be of further assistance please call us at 346-
0326.
Sincerely,
Susan M. Lira
Community Development Supervisor
961612 '
DF FORT [�
Clip of fort liwupton
•� P.O. BOX 148 COUNTY OF WELD
130 S.McKINLEY AVENUE
FT. LUPTON, CO 80621 (303)857-6694
Cot °MO
PURE ROCKY MOUNTAIN WATER IN '96
THE "PROUD TO BE" CITY
LA CIUDAD "ORGULLOSA DE SER"
July 10,1996
Department of Planning Services �Q,a�(S�t�g
Weld County Administrative Offices
1400 N. 17th Avenue �GO\�� ,�9g6
Q
Greeley, Colorado 80631 11,\ VO
RE: S-401 �
Dear Sirs: V1/41e
Planning Commission for the City of Fort Lupton reviewed the above mentioned referral at our
regular meeting of July 10, 1996.
A representative of the Buffalo Ridge Subdivision attended our meeting and discussed the
concerns we had mentioned in our previous letter.
The applicant stated that the State was not concerned with the water situation. The commission
told the applicant that the State could not prohibit the use of the water. The commission
explained that the committee is always concerned with the water situation and feels it is important
to inform applicants of the unreliability of the water source.
The Planning Commission feels its questions and concerns have been address and find no further
conflicts with the subdivision. Please feel free to contact me if I can be of further assistance. I
can be reached at (970) 346-0326.
Sincerely,
f i '
Susan M. Lira
Community Development Supervisor
EXHIBIT
961612 '' 74
PLATTE VALLEY 57 W. BROMLEY LANE
1 SOIL CONSERVATION BRIGHTON, CO 80601
DISTRICT (303) 659-7004
*****************************************************************
Gloria Dunn July 1, 1996
Weld County Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Weld
Dear Ms . Dunn °1n0/P/
The Platte Valley Soil Conservation DX� r t, with
J 'the
assistance of the Natural Resources rvatib j9ilscvice (NRCS) ,
has reviewed Case # S-401 . Based on ' �w, we have the
following concerns : I VE
SOIL EROSION
************
All of the soils located within the proposed subdivision are
extremely erosive, with a wind erodibility index 134 or higher.
Any construction activities should avoid removing native
vegetation whenever possible . During construction, siltfences
should be installed to prevent soil erosion by wind or water.
NRCS guidelines for the construction and placement of these
fences are included with our review.
REVEGETATION
************
If the native vegetation is removed by construction
activities it will be difficult to replace because of the erosive
and droughty nature of the soil . Homeowners may want to chose
xeriscaping as an alternative to conventional landscaping on
acres disturbed by construction activities . We are including
materials on xeriscaping with our comments to provide guidelines
should this alternative be taken. The report from WRC
Engineering specified that each homeowner be allowed to irrigate
5000 square feet out of approximately three acres . Acres not
irrigated should be xeriscaped, reseeded to native grasses or
left in native vegetation.
We recommend planting native grass species on portions
homeowners chose not to include in an irrigated landscape .
Included with this letter are specifications for a grass mix well
suited for the soils found in the Buffalo Creek Subdivision. New
grass plantings should be mulched with 4000 lbs . per acre weed-
free native grass hay crimped into the soil surface . This mulch
will be essential to protecting the new seeding from blowing or
drying out .
EXHIBIT
I
961612 -- �----
Revegetated acres should be protected from grazing animals
for at least one year to allow the grass to become established.
Grazing plans should be developed for both new seedings and for
native range to prevent overgrazing. We are including a brochure
developed by the Southeast Weld Soil Conservation District for
small acreage landusers that can be provided to new homeowners to
assist them in their land management .
RECREATIONAL DEVELOPMENT
************************
One lot in Phase One will be kept as open space for the use
of Buffalo Ridge Estates homeowners . The existing vegetation is
growing on highly erodible soils and should be protected from
traffic and overuse . Horse trails should be delineated to
prevent traffic from undesignated areas . Overuse of this area
may result in soil compaction which will kill the native
vegetation and prevent the establishment of any new seedings .
EXCAVATIONS
***********
While there are only slight limitations to the construction
of buildings or local roads and streets, there are severe
limitations for shallow excavations . Because of the sandy nature
of these soils, excavated cutbanks are liable to cave in. On
highly sloped areas, care should be taken to shore up road
cutbanks and new basement excavations .
SEPTIC SYSTEMS
**************
Moderate limitations exist for individual septic systems on
the Olney soil . The remaining soils all have severe limitations
for septic systems . New landowners should be advised of the
potential difficulties they may have to overcome in constructing
new septic systems to state and county standards .
WATER QUALITY
*************
Water for Buffalo Ridge Estates will be provided by seven
wells drawing from the Laramie-Fox Hills aquifer. WRC
Engineering has adequately addressed water supply and quality in
regards to the aquifer. However, the Weld County Waste Disposal
Facility located one-quarter mile to the north of the proposed
subdivision has been cited by the Colorado Department of Health
(CDOH) for potentially contaminating ground water. Preliminary
studies of this site by CDOH have shown benzene and chlorinated
solvents within 20 feet of the soil surface . Wells should be
properly installed and lined to prevent contamination from the
waste disposal facility, as well as from adjacent septic systems .
961612
LOCATION
Buffalo Ridge Estates offers lots for development in a rural
community. Farming and livestock operations are located to the
northwest of this area. Prevailing winds may carry blowing soil
from nearby farmland and odors from the neighboring turkey farm
and composting facility. Because this may affect quality of life
for residents of this development, they should be made aware of
the rural nature of their surroundings to prevent future
conflicts with neighboring landowners .
Thank you for giving us the opportunity to comment on this
matter. If you have any questions or need comments on another
application, please contact us at the above address .
Sincerely,
1 an
Clyde bbett
Platte Valley Soil Conservation District
961612 ,
FORT LUPTON SCHOOLS
WELD RE-8 SCHOOL DISTRICT
301 REYNOLDS STREET
FORT LUPTON, COLORADO 80621
June 1 , 1996
Weld County Planning Department
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
To Whom It May Concern:
This letter is to inform you that our district has reviewed the proposed
Buffalo Ridge Estates subdivision requesting 53 building sites. This
subdivision will have a potential impact upon the Weld County School
District Re-8, located in Fort Lupton, Colorado. To date, the developer has
not negotiated the impacts of the subdivision with the Weld County School
District Re-8.
The district is at or near capacity in three of the four schools serving
children in our district. Without the district impact fees being met, the
district must take a position in opposition to the proposed subdivision.
I sincerely hope that the impacts of this proposed subdivision can be met
and that the school district can support the proposed development. If I
may be of further service or assistance, please call me at 303-857-6291 .
Sincerely yours,
Robert Gomez, Superfif- endent
cc: Gene Watada, Board President
Ed Meier, Director of Business Services
Weld County Planning Dept.
JUN 0 5 1996
EXHIBIT RECEIVED
I 7cf 961612
Ate '; mEmoRAnDum
Wink Gloria Dunn
To Weld County Planning Date June 26, 1996
COLORADO
From Trevor Jiricek, Supervisor, Environmental Protection Servic
Subject: Case Number: S-401 Name: Martin, John & James
PT SE4,NW4 and SW4 Section 12, Township 01 North, Range 66 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. The water system(s) must comply with the requirements for a community water
system defined in the Colorado Primary Drinking Water Regulations
(5CCR 1003-1) .
TJ/rb-0679
Weld County Planning Dept,
JUN 2 7 1995
E- FIVE®
EXHIBIT
961612 ssiC
Weld County Planning Dept
JUL 2 5 1996
MemorandunfECe:veo
To: Gloria Dunn, W.C. Planning Department
CC:
From: Trevor Jiricek, W.C. Health Department
Date: July 25, 1996
Subject: S-401, Martin Subdivision
As the result of the recent referral response from the Platte Valley Soil Conservation
District (SCD) and concerns raised from your staff we have put together some draft
standards which you may want to incorporate in the Resolution. The recent concerns
raised by the SCD and staff include potential nuisanace conditions and manure
contaminated run-off from the open space lot, shallow groundwater impact from the
Weld County Waste Disposal, and restrictive soils for septic systems.
The following conditions may help address the concern from nuisance conditions and
manure contaminated runoff:
1) The open space lot shall be maintained so that conditions do not deteriorate
into nuisance conditions. Manure shall be removed and handled in a manner
that will prevent nuisance conditions.
2) The open space lot shall be developed and used in a manner that will prevent
runoff from the lot. All appropriate Best Management Practices (found in the
Confined Animal Feeding Operation Regulation) shall be incorporated into
the development of the open space lot in order to prevent runoff from the lot.
The comment from the SCD concerning the Weld County Waste Dispsoal impact is
valid, however, the direction of groundwater flow from the WCWD facility is to the
South, Southeast. This means that the impacted shallow groundwater only flows
under the extreme northern portion of the subdivision. In addition, all wells must be
installed in accordance with applicable rules and regulations of the "Water Well and
Pump Installation Contractor's Act", Title 37, Article 91, Part 1, C.R.S. as amended.
The SCD also commented on the severe limitations of the soil for septic systems. As
you know our Division previously requested soil information from the applicant.
This information was reviewed and it was determined that in most cases conventional
septic systems can be installed across the subdivision. The Division was concerned
with one type of clayey soil found on the subdivision, however, according to available
Soil Conservation maps the extent of its deposition is limited and other more suitable
soils are available on the lots which it occurs. EXHIBIT
961612
Ft. Lu•ton
.)
AAvdczydem/ (�
I ,
i z 11.--,f, ,- A
' Oysl O 1121 DENVER AVE. EMERGENCY 911
FT. LUPTON, CO 80621 OFFICE 303-857-4603
NE DEO
June 5, 1996
Department of Planning
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley,ey, Colorado 80631
To Whom it may Concern:
I have revi ewed the the preliminary plan and proposed covenants for
the Buffalo Ridge Estates. The water supply resource report shows
fire flow demands -for the residential sprinkler system under NFPA
1.3D. I was told by Mr. Bill Childs that this information would be
also supplied in the declaration of covenants. I could not find
this.
Sincerely,
1 . 7
62‘.-2,767;14-fe6Lgo,"--, ----
f..-:_ir..ry Ri c_hardsori
Fire Marshal
Weld
Lb /m tYA
ianni
pi—
n'y'n9 Dept.
JUN 61996 961612
EXHHiT
JUL-12-966 FRI 13: 10 FARMERS RES & IRR CO FAX NO. 3036596077 P. 01
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
80 South 27111 Ave.•Ecfghlcn.CO 60601
Telephone;303-659-7273 •FAX 30S-659-6077
O
Weld County Planning Dept.
TI LECOPIER'' TRANS14ISSIQH 1996
FAX ( 303) 659-6077 .JUL 12
TOI G412Y« ov\res. RECEIVED
FRou s tr\riv%%l4...RS) �.
RE$ t' LSM.�w�v� L Z.S\th-tb
DATE,
DOCUMENT SENT TO FAX NUHHER3 3S7
NUMBER or PAGES INCLUDING THIS PAGE$ A
PLEASE CONFIRM RECEIPT* NO YES lg.
If any problems occur with reception or not all pages in
this transmission are received, please call (303) GS9-7373
and ask for
CO•M'H£NTS , [� �s �V.�V� Via-\LQ gas V.ar-. Qft\tyt>I
t a-A, \O ?.S ka axs ion rv. .. r )2. s!
UNust._ Vi 0x..3%3 c.cc c..) ..fir -E a.,t+► `a iturS eS Mca. f {t4 v_
a_ \naLvo.„ %.must≥ oatt4) t!A' w-Ss. tke
N a o+re l *saw%fate, 0.r
Nana, "seripaa tiQQnorta \r.,„„ ceNg-ns car `v` A .
EXHIBIT
//
961612
07/12/96 12: 12 TX/RX NO.4514 P.001 •
JUL-12-96 FRI 13: 10 FARMERS RES & IRR CO FAX NO. 3036596077 P. 02
F
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
80 South 27th Ave• Brighton.CO 80601
C Telephone:303-659-7373 • FAX 303-659-6077
O
May 5, 1995
Mr. John t. Martin
147 South Denver Avenue
Fort Lupton, CO 80621
Re: Speer Canal
Dear Mr. Martin:
Mr. Montoya requested that I provide you With FRICO's position
concerning the Speer Canal as it relates to adjacent development.
FRICO is willing to confirm the right of way boundary for the
Speer Canal with you such that unambiguous title can be provided to
the adjacent properties.
The dimensions which have been suggested by Mr. Montoya would
be twenty (20) feet on either side of the existing canal. This
width is necessary for our equipment to properly operate along the
canal.
The clarification can ba by boundary line agreement or
reciprocal deeds, as you may desire.
The additional element which is of growing concern for us as
the area continues to urbanize is that an adequate fence be
constructed along the ditch right of way such that the company can
avoid liability claims particularly as they relate to small
children. one primary aspect of a negligence claim against a ditch
company is whether it has taken steps to keep children from areas
which may prove to be dangerous. Most recently a ditch company in
northern Colorado has been sued by the parents of a child who
drowned in a canal on exactly this basis. To properly operate and
manage an irrigation canal and to prevent the claim that we were
negligent in not restricting a "dangerous" area, fencing is
required. The company believes that since the need to consider
fencing is brought on by the development, it should be at the cost
of the development. This could also avoid third party claims
against the "underlying" landowner as to whose responsibility it is
to fence the area.
Regardless, properly protecting the interests of the company
requires that the area be properly fenced.
As a related matter, use of the right of way by horses
particularly requires that they be restricted so as to avoid
liability claims. I am at present involved with the defense of one
961612
07/12/96 12: 12 TX/RX NO.4514 P.002
JUL-12-96 FRI 13: 11 FARMERS RES & IRR CO FAX Na 3036596077 P. 03
of our companies against a negligence claim arising from a horse
stepping on a "nail" (it has never been found) , which in turn
caused the horse to bolt and injure the rider. A claim of more
than $250,000.00 is pending against the company alleging that the
company should have "marked" the dangerous nail, otherwise found
and removed it or restricted the horses from being in a "dangerous"
area. This case has not been dismissed. Taking the exact same
circumstance to the Speer canal, FRICO could never be sure that
some nail or other object is not on the right of way, or that in
some other manner the company should have warned or restricted a
"dangerous" area.
The company is not willing to risk its existence on the
unpredictable judgment of a jury in hindsight% The company would
thus take the only method available to it, and in accordance with
what is claimed to be "responsible" ditch management, it would
place signs warning of unknown dangers, and fence or otherwise
restrict the use of the canal right of way so as to be found to
have taken the only reasonable steps available to it to act in a
responsible and non-negligent manner.
In a proper case, as an alternative to the above, the company
is willing to consider working out an agreement with a homeowners
association, with proper covenants against the development lots,
and agreement on indemnification and insurance so as to permit the
use of the ditch right of way for particular recreational purposes.
If this is of interest, please let us know.
As a final. matter, I have attached the procedure for obtaining
ditch crossings. Mr. Montoya requested that this be made available
to you.
inc e.i
olt, III
General Counsel
961612
07/12/96 12:12 TX/RX NO.4514 P.003 .
JUL-12-96 FRI 13: 12 FARMERS RES & IRR CO FAX NO. 3036596077 P. 04
F
R THE FARMERS RESERVOIR AND IRRIGATION COMPANY
■ 60 South 27th Ave•6r1ghton.CO 60601
l C Telephone:303-659-7373• SAX 303-659-6077
O
May 19, 1995
Mr. John Martin
147 south Denver Avenue
Ft. Lupton, Colorado
Hand Delivered
Re: Martin Brothers Estates
Dear Mr. Martin:
In response to your request that FRICO respond to the pending
zoning application for the Martin Brothers Estates in Weld County,
Colorado, the Board of Directors at its meeting on May 17, 1995,
approved the following resolution:
The Farmers Reservoir and Irrigation Company does not oppose
the rezoning request for residential development subject to an
agreement that the developer would provide a 6 foot chain link
fence along the Speer Canal right of way through the development so
as to protect both the company and the residents from exposure to
any claim that the ditch constitutes a danger due to its existence
or normal operations.
The company is further willing to enter into an agreement with
the developer to establish fixed boundaries for the Speerl Canal
right of way, being twenty feet on either side of the canal as it
now is located.
in.
John Akolt, III
General Counsel
961612 '
07/12/96 12:12 TX/RX N0.4514 P.004
031-120
Q
n •
�tbr93 `1 yuss�
(itIN ! ill
N1990 1
� 1+f ���� f) ti
DEPARTMENT OF PLANNING SERVICES• / PHONE (970) 353-6100, EXT.3540
FAX (970) 351-0978
eld County Plannin , ^ %WELD COUNTY ADMI NSTTIVE4100N17THOFFICES
AVENUE
GREELEY, COLORADO 80631
COLORADO JUN 101996
May 28, 1996 RECEIVED
Case Number. S-401
TO WHOM IT MAY CONCERN:
Enclosed is an application from John T. Martin & James I. Martin for a Subdivision Preliminary Plan. The
parcel(1471-12-0-00-057)of land is described in the SE4of the NW4 and the SW4 of Section 12, 'PIN, R66W
of the 6th P.M.,Weld County, Colorado. The location of the parcel of land for which this application has been
submitted is north and adjacent to Weld County Road 10 and approximately 1/2 mile west of Weld County
Road 37. For a more precise location, see legal.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application and will ensure prompt consideration of your recommendation. Please reply by June 18,
1996, so that we may give full consideration to your recommendation. The failure of any agency to respond
within 21 days may be deemed to be a favorable response to the County. Please call, Gloria Dunn, Current
Planner, if you have any questions about the application.
Check the appropriate boxes below and retum to our address listed above.
1. We have reviewed this request and find that it does/does not comply with our Comprehensive
Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. X Please refer to the enclosed letter.
-�.r�
Signed: ( -CAA-1 /t^* Agency ce l-pS 04 E'NGr
Date:ZYWC b f g q 6
EXHIBIT
961612 1 `79
t
.4: 1"
�\ DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS,OMAHA DISTRICT
I - TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121
LITTLETON.COLORADO 80123-6901
REPLY TO
ATTENTION OF August 4, 1995
Ms. Gloria Dunn
Weld County Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Ave.
Greeley, Colorado 80631
Dear Ms. Dunn:
This letter concerns the Martin Brothers Partnership Rezoning (your Case No. Z-494)
located in the Southwest 'A of Section 12, Township 1 North, Range 66 West, Weld County,
Colorado.
Your project has been reviewed in accordance with Section 404 of the Clean Water
Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge
of dredged and fill material into waters of the United States including wetlands.
Reference is made to an April 27, 1995 wetlands determination conducted by Mr.
Terry McKee of this office. During Mr. McKee's site visit, it was found that no wetlands
exist at this site.
This letter is to inform you that the proposed activity, assigned number 199480501,O',(f6 Root,
will not require a Department of the Army (DA) Permit.
Although a DA Permit will not be required for the project, this does not eliminate the
requirement that other applicable federal, state, and local permits be obtained as required.
If there are any further questions concerning this matter, please feel free to contact
Mr. Terry McKee of this office at 303-979-4120.
Sincerely,
Tim by . Ca ey
Project anager
-t
961612 c
Nf OF`. ..,:;0111'1!1%.
„nE o DEPARTMENT OF THE ARMY �t�, •
, • ��
fr CORPS OF ENGINEERS, OMAHA DISTRICT q4g ',}6 {�
M
_ - — o::v h TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 , 5Q &
Io ! ^III,� %',� LITTLETON, COLORADO 80123-6901
�€
d n�
•%'40 c° REPLY TO /'•`fir<Vi.;alult���c
�5"," r'" ATTENTION OF January 11, 1996
Ms. Gloria Dunn
Weld County Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Ms. Dunn:
Reference is made to the John & James Martin Major Subdivision Sketch Plan (your
Case No. S-392) located in the Northwest 1/a of Section 12, Township 1 North, Range 66
West, Weld County, Colorado.
If any work associated with this project requires the excavation in or placement of
dredged or fill material, either temporary or permanent, into wetlands at this location, this
office should be contacted for proper Department of the Army permits pursuant to Section
404 of the Clean Water Act.
If there are any questions concerning this matter, please feel free to contact Mr. Terry
McKee of this office at 303-979-4120 and reference action ID #199680016.
Sincerely,
Timot T. Carey
Project nager
W
0
O
961612
Printed on 0Recycled Paper ,
DEPARTMENT OF THE ARMY r`r"''
CORPS OF ENGINEERS,OMAHA DISTRICT ?� 31i 44
TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 s 5� S
LITTLETON,COLORADO 80123-6901 .44 st
REPLY TO December 1, 1994
ATTENTION OF
Mr. Keith A. Schuett
Weld County Department of Planning Services
1400 N 17th Avenue
Greeley, Colorado 80631
Dear Mr. Schuett:
Reference is made to the Martin Brothers Partnership Project (your Case Number
SCH-13) located in the Northwest Quarter of Section 12, Township 1 North, Range 66 West,
Weld County, Colorado.
If any work associated with this project requires the excavation in or placement of
dredged or fill material, either temporary or permanent, into wetlands at this location, this
office should be contacted for proper Department of the Army permits pursuant to Section
404 of the Clean Water Act.
If there are any questions concerning this matter, please feel free to contact Mr. Terry
McKee of this office at 303-979-4120 and reference action ID #199480501.
Sincerely,
Timot T Care
Project Manager
•
• j
c
961612
1
7
DEPARTMENT OF THE ARMY 4 eis
'11
1 MZ CORPS OF ENGINEERS,OMAHA DISTRICT / °�.
- 1y TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 It.
14
50_4WI' LITTLETON,COLORADO 80123-6901 \ � _w:,,,, )
' `�� June 14, 1994
4p REPLY TO 1EMOM
'�MR50� ATTENTION OF
Mr. Greg Thompson
Weld County Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Mr. Thompson:
Reference is made to your case number Z-489 regarding an application from Martin
Brothers Partnership for a Change of Zone. This parcel of land is located in Section 12,
Township 1 North, Range 66 West, Weld County, Colorado.
Prior to any work at this site, the property should be examined for wetlands pursuant
to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped.
This office should be contacted for proper Department of the Army permits prior to
any work in an existing wetlands.
Please find the attached list of Environmental Consultants who may assist in the
wetland delineation and mapping.
If there are any questions concerning this matter, please feel free to contact Mr. Terry
McKee of this office at 303-979-4120 and reference action ID #199480501.
Sincerely,
Ti u th . . • ey
Project Manager
Enclosure
Hello