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HomeMy WebLinkAbout961096.tiff GRANT, BERNARD WALLACE H.GRANT 515 IGMBARK STREET DANIEL F.BERNARD LYONS & GADDIS POST OFFICE BOX 978 RICHARD N.LYONS,➢ LONGMONT,CO 805 02-097 8 JEFFREY I.ICAHN A PROFESSIONAL CORPORATION 303-776-9900 IL WILLIAM SIMS,1R. ATTORNEYS AND COUNSELORS METRO 571-5506 JOHN W.GADDLS FAX 772-6105 BRADLEY A.HALL STEVEN P.JEFFERS CAMERON A.GRANT May 7, 1996 WENDY S.RUDNIK Sharon Strunk P.O. Box 1161 Longmont, Colorado 80502-1161 Re: Bed and Breakfast - Reservoir Recreational Use Dear Sharon: I have reviewed the documents which you provided to me, and the deed from Denver Joint Stock Land Bank to Delbert Bunnell reserving the Larson Reservoir No. 2 and associated easements on your property in Weld County. Based on that information, it is my opinion that you own the land where the reservoir and related facilities are located, and the owner of the reservoir has only an easement for diversion and storage of water on your property. This is a nonexclusive easement. Therefore, you have the right to use the reservoir surface and all of the surrounding land for any purpose which you choose, provided it does not unreasonably interfere with that easement. Since you own the land, subject only to an easement, you do not need an agreement with the owner of the reservoir to allow recreational use of the property, as long as you do not modify any diversion or storage structures or unreasonably interfere with the use of those structures or the reservoir for storage and delivery of irrigation water. Your intended use for recreation along the shore, such as walking or fishing, should not interfere with use of the reservoir in any way. Use of the reservoir surface for boating, swimming, or other recreational purposes should not be a problem unless it would unreasonably interfere with the irrigation use of that facility. I hope that this letter will assist you in your efforts to obtain approval of your new business in Weld County. Please let me know if you need any further assistance. Sincerely yours, GRANT, BERNARD, LYONS & GADDIS, a professional corporation By �,..i " even P. Jeffers SPJ:spj strus\strunk-I2 Weld County Planning Dept. JUN 12 1996 i EXHIBITti RECEIVED 961096 MEMORAnDUM Wilk. Todd Hodges Weld County Planning April 18, 1996 To Date 03 COLORADO From Trevor Jiricek, Supervisor, Environmental Protection Service/ Subject: Case Number: USA-1117 Name: Strunk, Sharon Section 35, Township 12 North, Range 62 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: • 1. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. ' 2. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. -No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. The WeldCounty Health Department Recommends that the facility conduct yearly potability analysis (for bacteria) on any ground water well used as a drinking water source for patrons. . 6. In accordance withWeld County Septic Regulations, the farm house proposed for guest use must be evaluated to determine adequacy for the proposed load. The evaluation must be conducted by Colorado Registered Professional Engineer. f7 . The site shall comply with the confined Animal Feeding Operations Regulations (SCCR 1002-19) and section 47 of t6 1.7i4F%19F, Ordinance. Y �y '�1" EXHIBIT APR 2 2 1996 I _____ RECEIVED 96149" Strunk, Sharon April 18, 1996 Page 2 • 8. The Weld County Health Department was unable to locate a septic permit for the home which is currently intended for residential use. This system must be permitted. An I.S.D.S evaluation must be conducted prior to the issuance of any permit. If the system is found to inadequate, the system must be brought into compliance with current I.S.D.S Regulations. In the event this home is converted to guest accommodations, the septic system must be evaluated by a Colorado Registered Professional Engineer. JT/rb-0414 961096 21 EORRflDU 1119€ Todd Hodges, Current Planner April 8, 1996 7p Date COLORADO From Don Carroll, Project Coordinator pat, Subject: USR-1117, Sharon Strunk This is a Site Specific Development Plan and a Special Review permit for a bed and breakfast and a dude ranch in a agricultural zone district. I have visited the site and have the following comments on the access points. Access Points: The applicant has identified three existing access points to the ranch houses and out building. The south access will be designated as the main access to houses one and two shown on the plan sheet. I recommend that the center access between the tree rows be closed, as it suits no purpose to the facility. The northern access serves as both the field and corral facilities,which are to the rear of the property. This is considered an agricultural access. Drainage: No drainage culverts are required at either access point to accommodate drainage. Sight Distance: Sight distance is adequate in both directions. Off-Street Parking: The applicant needs to provide and identify on the mylar the parking area that will be provided for guests. cc: Commissioner Hall pgpt• USR-1117 file P\8(1n1Clg \Je\d�our�Y D, 0Agg6 Ct cessiv) pie :don-c\plan7 EXHIBIT 96/0c �t4T O} ' e DEPARTMENT OF THE ARMY ZAe z CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 I° LITTLETON, COLORADO 80123-6901 PM. 9REPLYTO ATTENTION OF April 9, 1996 Weld County Planning Dept. Mr. Todd Hodges Weld County Department of Planning Services APR 11 1996 Weld County Administrative Offices 1400 N. 17th Avenue RECEIVED Greeley, Colorado 80631 Dear Mr. Hodges: Reference is made to the Sharon Strunk Specific Development Plan located in Section 35, Township 12 North, Range 62 West, Weld County, Colorado. The 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. This letter is to inform you that the proposed activity, assigned number 199680332, 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, tribal, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Tim�T. •a Project Manag- Copy Furnished: James & Sharon Strunk P 0 Box 62 Hereford, CO 80732 EXHIBIT Printed on ts: Recycled Paper 961096 Hello