Loading...
HomeMy WebLinkAbout20252320.tiffPLANNED UNIT DEVELOPMENT FINAL PLAN STAFF COMMENTS COUNTY, CO Planner: Maxwell Nader Hearing Date: August 5, 2025 Case Number: PUDF24-0001 Owners: REI, LLC and Investors, LLC, & Investors Ltd Liability Co c/o Bruce O'Donnell 825 E. Speer Blvd Suite 312, Denver, CO 80218 Applicant: Terra Forma Solutions Inc. c/o Todd Johnson 3465 South Gaylord Court, A304, Englewood, CO 80113 Request: A Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 283 residential lots with R-1 Low -Density Residential Zone District uses. Legal: All of Section 17 and parts of Sections 8 And 9; all located in T3N, R65 of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32 Total Acres: +/- 642.9 acres Parcel Nos: 1213-17-1-00-016 +/- 121.8 acres 1213-08-0-00-014 +/- 450.1 acres 1213-09-0-00-026 +/- 847 developed acres The review criteria for this Final Plan are listed in Section 27-7-40 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Xcel Energy, Inc., referral dated January 22, 2024 • Town of Platteville, referral dated February 5, 2024 • Atmos Energy Corporation, referral dated January 9, 2024 • Colorado State Land Board, referral dated January 31, 2024 • Colorado Parks and Wildlife, referral dated January 31, 2024 • Colorado Geological Survey, referral dated January 29, 2024 • Beebe Draw Farms Authority, referral dated February 8, 2024 • Platte Valley Irrigation Company, referral dated January 24, 2024 • Western Midstream Partners, LP, referral dated January 11, 2024 • Central Weld County Water District, referral dated February 5, 2024 • Colorado Division of Water Resources, referral dated January 19, 2024 • Farmers Reservoir and Irrigation Company, referral dated January 16, 2024 • Weld County Oil and Gas Energy Department, referral dated January 24, 2024 • Beebe Draw Metropolitan Districts Nos. 1 and 2, referral dated February 8, 2024 • Weld County Department of Public Health and Environment, referral dated January 29, 2024 • Weld County Department of Planning Services — Development Review, referral dated July 24, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriff's Office, referral dated January 9, 2024 • Weld County School District RE -1, referral dated February 13, 2024 • Northern Colorado Water Conservancy District, referral dated January 9, 2024 PUDF24-0001— Pelican Lake Ranch Filing. 2 Page 1 The Department of Planning Services' staff has not received responses from the following agencies: • PDC Energy, Inc. • Noble Energy, Inc. • Colorado Historical Society • Kerr McGee Gathering, LLC • LaSalle Fire Protection District • Weld County Extension Office • Crestone Peak Resources, LLC Case Summary: • Weld County Attorney's Office • Weld County Assessor's Office • Platte Valley Conservation District • United States Fish and Wildlife Service • United States Army Corps of Engineers • Central Colorado Water Conservancy District • Colorado Oil and Gas Conservation Commission • Colorado Department of Public Health and Environment PUDF24-0001 is the second filing proposal for the Beebe Draw Farms and Equestrian Center Planned Unit Development (Beebe Draw PUD), which has been rebranded and known as Pelican Lake Ranch (PLR). This second filing is broken out into ten (10) phases and will be developed per market demands. Beebe Draw PUD was originally zoned PUD for 800 lots at an average of 2.5 acres with the underlying R-1 Zone District in 1984 and amended in 1989. The second filing encompasses 862 acres of developable land both south and east of the existing Filing No. 1. This second filing is comprised of 283 lots, 254 acres of open space/amenity area, and 65 acres of streets. The PUD zoning will not be amended through this request. The second filing will adhere to the established zoning via AMZ-412 recorded May 24, 1989, via reception # 2180623 The PUD is located on land generally to the west of the approximately 1,445 -acre Milton Reservoir. For reference, the closest municipalities are Gilcrest, being approximately 4.75 miles to the northwest, Keenesburg, being approximately 5.5 miles to the southeast and Platteville, being approximately 6.25 miles to the west. The City of Greeley is approximately 9 miles to the northwest. This part of the County is characterized by large, agricultural parcels of land comprised of both irrigated and non -irrigated farming operations, rangeland, dryland, ditch infrastructure, sporadic industrial facilities, rural residential properties, pipelines and transmission lines and oil and gas production as well as midstream facilities. The parcels which comprise this development are not suitable for most farming activities due to poor soils and lack of water. This development is located within the boundaries of the Central Weld County Water District, which serves the PUD, and is not served by a public sanitary sewer system; each residence utilizes septic systems for sewage disposal. This development is not located within a Coordinated Planning Agreement (CPA) boundary or any other Intergovernmental Agreement (IGA) boundary or three (3) mile referral area of any municipality. The nearest subdivision is Milton Lake Estates, a large -lot agriculturally zoned subdivision, platted in 1970, located east of Milton Reservoir, approximately 1.25 miles east of the PUD. Beebe Draw Farms and Equestrian Center Corrected First Filing S-299, recorded May 24, 1989, platted one hundred eighty-eight (188) buildable lots permitted for R-1 (Low -Density Residential) Zone District uses and several outlots with recreational and oil and gas activity. Most of the buildable lots have been built upon with single family residences. In 2001 Beebe Draw requested a PUD Final Plat for a second filing consisting of 406 acres. This proposal was denied by the Board of County Commissioners at the time due to the large amount of oil and gas activity occurring and because of the lack of buildout of the first filing. The oil and gas activity is now limited to one active site, to be reclaimed by end of 2025, with the remaining wells plugged and abandoned. In 2001 the Board of County Commissioners suggested to Beebe Draw to build out further and reapply for second filing. At this time the first filing of Beebe Draw has 21 vacant lots of 187 making it roughly 88% built out. PUDF24-0001— Pelican Lake Ranch Filing. 2 Page 2 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted PUD Final Plan materials are in compliance with the application requirements per Section 27-1-60.G of the Weld County Code. 2. The submitted PUD Final Plan request is in conformance with the PUD standards per Section 27- 3-10. Pertinent information includes: A. Properties in PUDs shall comply with applicable provisions of the Weld County Code, including, but not limited to, Articles II and III of Chapter 24, applicable provisions of Chapter 23, including, but not limited to, regulations on parking, signage, floodplains, and minimum distance from oil and gas facilities, and Chapters 29 and 30. The proposed second filing (Proposal) complies with Chapter 24, Article II — Conformance Standards. The proposal will dedicate the right-of-way, provide for drainage, and enter into an improvement's agreement. The second filing also complies with Article III — Subdivision Design Standards. Staff has reviewed the draft PUD plat and that complies with the 21 design standards as listed in Article III. The proposed second filing also meet relevant provisions of Chapter 23 such as regulations on parking, signage, and floodplains, as well as the requirements outlined in Chapters 29 and 30. Oil and gas facilities: Setbacks will adhere to the approved PUD. The setback for plugged and abandoned wells will be 50 feet, in accordance with section 23-4-700 of the Weld County Code. AMZ-412 requires a 300 -foot setback for active oil and gas facilities. The current plat reflects this for the remaining facility, with the expectation that it will be closed and reclaimed by the time the filing is constructed. Habitable structures will not be permitted within these established setbacks. All pipelines will be buried within designated easements. Oil and gas operations, along with residential development, are common in the Weld County area and are well - regulated by the ECMC, Weld County, and surface use agreements. PLR has coexisted with oil and gas operations since the beginning of the development, and these operations are included in the PUD. Additionally, the oil and gas wells within the second filing are being continually plugged and abandoned, and there will be no operating wells by the end of 2025. B. Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter 23 of this Code, compliance with the bulk standards for the corresponding zone district is required. (For example, where a PUD zoning plat says Estate zone uses are allowed, compliance with Section 23-3-440 is required.) Where a PUD refers to multiple zone districts, the more restrictive bulk standards shall apply. In the PUD Zoning, there are uses specified for both the A (Agricultural) Zone and the R-1 (Low -Density Residential) Zone. These uses have maintained compliance with the bulk standards for each respective zone district as outlined in Chapter 23 of the Code. C. Outlots: No new buildings are allowed on outlots. Other structures that are not fully enclosed, including, but not limited to, loafing sheds, may be permitted on outlots where the PUD allows for agricultural uses. Fences, parking lots, trails, bus stop shelters, and the like may be permitted on outlots. Underground and overhead utility lines may be permitted on outlots provided a Use by Special Review or 1041 Permit is not required. The use of existing buildings on outlots shall not be altered or enlarged, except in accordance with the recorded PUD. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 3 The proposed second filing of the Planned Unit Development (PUD) includes a comparable amount of outlot acreage to that established in the first filing. This consistency in the provision of open space, drainage areas, and common areas reflects a continuation of the first filing. Additionally, the proposed second filing generally reflects the intent of the underlying PUD zone district by incorporating buffering, and common areas that are consistent with the overall layout established in the first filing. The outlots in this phase serve similar functions such as open space, drainage and general amenities. These outlots contribute to maintaining a sense of continuity within the broader development. D. An owners association is required and shall be managed by the property owners within the PUD. 1. All outlots shall be owned by the owners association in perpetuity. The owners association shall maintain in perpetuity all outlots and all landscaping outside of buildable lots in a neat, clean, and healthy condition, including removal of litter and weeds, mowing, fertilizing, watering, proper pruning, and replacement of diseased and/or dead plants within one (1) calendar year or within the next growing season, whichever comes first. 2. All internal road rights -of -ways shall be maintained by the owners association in perpetuity. Currently the PUD is served by a Homeowners Association (HOA) and a Metro District, both of which are responsible for the maintenance of internal roads, common areas, and shared infrastructure. The proposed second filing will establish a separate HOA that mirrors the responsibilities, structure, and design guidelines of the original HOA and will incorporate into the Metro District/ This approach ensures consistency in community maintenance, and overall neighborhood character across both filings. E. Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter 23 of this Code, compliance with the bulk standards for the corresponding zone district is required. (For example, where a PUD zoning plat says Estate zone uses are allowed, compliance with Section 23-3-440 is required.) Where a PUD refers to multiple zone districts, the more restrictive bulk standards shall apply. The PUD zoning designation provides flexibility to accommodate a mix of uses that may not typically be permitted under standard zoning districts, while still maintaining compatibility with surrounding land uses and the overall intent of the development. In this case, the PUD allows for R-1 (Low -Density Residential) uses as well as certain low -impact agricultural uses, similar to what was established in the first filing. The proposed second filing complies with the bulk standards and permitted uses of the R- 1 zone, including minimum lot sizes, setbacks, and lot coverage requirements. In addition to the residential component, the second filing, like the first filing, includes allowances for limited agricultural activities, such as equestrian uses, which are appropriate for the rural - residential character of the area. F. Where the uses in a PUD are not specifically listed but refer to one or more zone districts in Chapter 23 of this Code, the uses allowed in the PUD shall be those uses allowed by right and accessory uses in the zone district(s) referred to, as listed and defined in Chapter 23. Uses by special review and uses by zoning permit are not allowed in PUDs, unless the PUD zoning plat specifically allows them. Certain uses may require subsequent submittal and approval of a Site Plan Review as described in Section 23-2-150.8 of this Code. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 4 Certain uses permitted within the R-1 zoning district through the Site Plan Review process will be incorporated into the Second Filing of the PUD. These include community -serving amenities, such as the recreational features, that are intended to support the residents of this filing. These types of uses are consistent with the allowances under R-1 zoning and reflect the approach taken in the First Filing, where similar features were included. G. Where a PUD lists uses that are allowed in the PUD, but does not define them, the definitions in Chapter 23 of this Code, may be used, or, if not defined in Chapter 23, Planning staff may use a dictionary or a common industry definition. All uses within the PUD zoning are referenced or defined in the code, ensuring that the PUD second filing aligns with the Weld County code. 3. The submitted PUD Final Plan request is in conformance with application standards per Section 27-1-60 of the Weld County Code. Pertinent information includes: A. 27-1-60.8 - At least one (1) of the proposed roads within the final plan area shall intersect a publicly maintained road or an existing road within a previously platted portion of the PUD. The first filing of the PUD utilizes Beebe Draw Farms Parkway, which intersects with CR 39, a publicly maintained right-of-way that provides primary access to the development. The proposed second filing will continue to utilize this existing access point while also introducing two (2) new public roads to support additional connectivity. One (1) new road will intersect with CR 39, and the other with CR 32, both of which are also publicly maintained rights -of -way. These additional access points are intended to improve overall circulation, provide redundancy for emergency access, and ensure adequate infrastructure to support the continued buildout of the PUD in a manner consistent with County transportation standards. B. 27-1-60.C - No PUD shall contain any access easements except for the following: 1. Pre-existing access easements for nonresidential purposes such as ditch maintenance roads or oil and gas facility access roads. 2. Access easements solely for the use of emergency services. There are several access easements located throughout the PUD boundaries that are associated with existing oil and gas operations. These easements are necessary to ensure continued access for the ongoing maintenance, inspection, and operation of these facilities. As such, the easements will remain in place for the duration of the facilities' active use and will be evaluated for removal only once the sites have been properly closed and reclaimed. The layout of the PUD, including the second filing, has been designed to accommodate these easements and ensure they do not conflict with proposed development. C. 27-1-60.D - An owners association is required and shall be managed by the property owners within the PUD. 1. The owners association shall be created and all necessary documents recorded prior to recording of the plat. 2. All outlots shall be dedicated to the owners association on the plat and a deed conveying all outlots to the owners association shall be provided to the Department of Planning Services for recording with the plat. Currently the PUD is served by a Homeowners Association (HOA) and a Metro District, both of which are responsible for the maintenance of internal roads, common areas, and shared infrastructure. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 5 The proposed second filing will establish a separate HOA that mirrors the responsibilities, structure, and design guidelines of the original HOA and will incorporate into the Metro District/ This approach ensures consistency in community maintenance, and overall neighborhood character across both filings. D. 27-1-60.E - Criteria for approval. The PUD final plan must: 1. Be in general conformity with the Comprehensive Plan found in Chapter 22 of this Code and any County -approved future development plans for the area. The Weld County Comprehensive Plan adopted in 2020, codified in Chapter 22 of the Weld County Code, identifies Guiding Principles, Goals and Objectives to provide direction for land use decisions. The PUD Final Plan application has demonstrated consistency with the existing adopted Weld County Comprehensive Plan as detailed below. Section 22-2-30.A.2, being one of the land use goals and objectives, which commit to the economic future of agriculture, states: "Limit the density and intensity of development to maintain agricultural areas." The existing PUD Zoning, as permitted, allows for eight hundred (800) total lots. Under the proposed PUD Final Plan application there are two hundred eighty-four (283) lots proposed through six (6) phases. Combined with the existing 186 platted lots, this accounts for a total of approximately four hundred seventy (470) residential lots within this development. The proposed scale and design of the PUD serves to concentrate future residential development within clearly defined boundaries, rather than promoting dispersed or sprawling growth patterns that would consume more agricultural land. By clustering residential uses and thoughtfully integrating select amenities to support those uses, the PUD offers a more efficient and sustainable development model. This approach helps preserve the surrounding agricultural landscape by reducing the need for scattered rural subdivisions, which often fragment farmland and increase land use conflicts. Instead of encouraging unplanned expansion beyond its borders, the proposed PUD establishes a framework that directs development inward and provides a logical limit to expansion. By containing growth within its footprint, the PUD can actually serve as a buffer and transition area between more intensive uses and the traditional agricultural operations that characterize this part of the County. In this way, the project seeks to complement, not compete with, the rural character of the surrounding area. Section 22-2-30.C.2, being one of the land use goals and objectives, which promotes harmonizing development with surrounding land uses, states: "Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location." The proposed PUD is designed to accommodate future residential development within a defined boundary, which may help minimize the potential for outward expansion into surrounding agricultural areas. By concentrating development within a designated footprint, the proposal provides an internal structure that can guide future growth in a more organized manner. The PUD includes provisions for adequate water and septic infrastructure, allowing it to development within the bounds of the PUD. The proposed development is intended to build upon the existing first filing of the PUD, maintaining consistency with the established development pattern. While located in an agricultural area, the proposal seeks to maintain a distinction between residential areas and adjacent land uses, including both active agricultural operations and the nearby Milton Reservoir. This approach may help support land use compatibility by delineating residential and rural functions while allowing for a mix of recreational uses within the PUD boundary. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 6 2. Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral agency or mineral interest. A. Central Weld County Water District (CWCWD) Water service is provided by Central Weld County Water District. A letter of commitment was received from Central Weld Water District which expires September 25, 2024. The District states 192 budget taps are available and "no additional water taps will be available without additional water rights being transferred to the District." The application indicates the PUD will be developed on a phased basis subject to the terms of Central Weld Water District. Per the Division of Water Resources referral dated, January 19, 2024: "the State Engineer's Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the PUDF water supply plan the following information is required: 1. The applicant must specify the estimated water requirements for the Pelican Lake Ranch Filing 2 development. 2. The applicant must specify the additional water sources that will be provided in order for the District to supply water to all the proposed lots. 3. Applicant must clarify if well permit nos. 6844- A and 83708-A will be used within the subdivision or be plugged and abandoned. If the wells will be used in the proposed subdivision the Applicant must also demonstrate that a court approved augmentation plan has been obtained for well no. 83708-A and new well permits have been obtained for the wells." Per the Department of Environmental Health and Environment referral dated, January 29, 2024: "Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report completed by Soilogic and dated May 28, 2020, was included with the COZ and the Final Plat application. The report concluded: "Based on results of our completed site and soil evaluation, we expect conventional OWTS construction will be possible for most if not all of the proposed lots on the subject site. Typical gravity -fed chamber systems in a bed or trench configuration could be considered. In areas where gravity drainage to the Soil Treatment Area (STA) is not possible, pump dosing could be considered. Site specific evaluations will be required to better evaluate the Long -Term Acceptance Rate (LTAR) of the near surface soils and depth to bedrock and groundwater in proposed STA's."" B. Colorado Geological Survey (CGS) The Colorado Geological Survey (CGS) referral response dated January 29, 2024, states CGS agrees with Soilogic's interpretation in their May 28, 2020, Geologic and Preliminary OWTS report that the site does not contain economically recoverable aggregate or metallic mineral resources and that no known or suspected geologic hazards are present that would preclude the proposed residential development. The CGS also states that the site overburden materials consist of windblown clay, silt, and sand underlain by the Laramie Formation. The windblown material may be subject to consolidation when loaded or wetted and can be erodible and subject to soil blowing and water erosion. Therefore, lot- or site -specific geotechnical studies will be necessary to characterize soil engineering properties in addition to the implementation of erosion control measures during the design and construction of this development. There are additional comments related to construction with respects to groundwater PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 7 and oil and gas development. C. Town of Platteville Although the PUD is not located within a 3 -mile referral area of any municipality or Intergovernmental Agreement Areas (IGA) the Town of Platteville was notified and submitted a referral dated February 5, 2024. The letter outlined concerns on the expectation of increase to traffic on CR 32, particularly westbound towards US 85, potentially causing congestion. While the Colorado Department of Transportation manages the traffic signal and right-of-way at US 85, the Town of Platteville maintains CR 32 from US 85 to CR 29 and the North & South Front Streets, which may be used when the UPRR blocks the crossing to US 85. A Traffic Impact Study by Delich Associates in November 2023 indicates that the development could generate several thousand vehicle trips per day. Due to these concerns, the Town of Platteville has requested to be more involved in the public hearing and plan review process to address potential impacts on the town. D. Colorado Parks and Wildlife (CPW) Weld County Comprehensive Plan Section 22-2-30.C.3 encourages development that preserves land for agriculture, rangeland, wetlands, and critical habitats. Further, Section 22-2-60 addresses natural resource goals and objectives, specifically the preservation of wetlands and critical habitats. The Colorado Parks and Wildlife (CPW) referral dated January 31, 2024, comments on these topics. In particular, the referral states: "The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. The protection of High Priority Habitats (HPH), big game winter ranges, and raptor nesting locations are of extreme importance to CPW. CPW recommends that all proposed projects be assessed to avoid, minimize, or mitigate impacts to sensitive wildlife habitats and species... That includes species of concern, big game winter concentration areas, breeding and nesting habitats for sensitive ground -nesting birds, and nests of raptors sensitive to development to prevent the loss of habitat or fragmentation of habitat. Our goal in responding to land use proposals such as this is to provide complete, consistent, and timely information to all entities who request comment on matters within our statutory authority... After reviewing the proposed second filing documents, CPW is concerned with the proposed development in Parcel 3 (Number:121309000026-R4940286) in section 9 (orange phase) in that there is no wildlife impact statement included in the narrative provided. Terra Forma Solutions makes little reference to, nor includes any details in the Environmental Impacts statement specific to potentially significant impacts to wildlife species and habitat, including wetland and riparian areas and mature cottonwood forests associated with Milton Reservoir and the surrounding landscape." PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 8 The applicant submitted a written response prepared by Ecological Resource Consultants, LLC, dated March 22, 2024 which directly addresses the comments provided by Colorado Parks and Wildlife (CPW). The analysis assessed the potential for the proposed second filing to impact sensitive species or habitats identified by CPW. The findings indicate that the majority of the second filing is situated well outside any designated areas of interest or habitat zones that could result in adverse effects to the species noted in CPW's comments. It was noted, however, that a small portion of the area identified as the "Orange Phase" falls within the mapped Mule Deer Range. Despite this, the overall assessment concluded that no direct or indirect impacts to identified wildlife resources are anticipated as a result of the proposed development. The applicant and CPW have been working together following the report provided by Ecological Resource Consultlants LLC and CPW has confirmed no concerns with the request as of July 18, 2025. E. Atmos Energy Atmos Energy Corporation is the provider of natural gas to the PUD. Atmos Energy per their referral dated January 9, 2023, stated the following: "Atmos will need to build significant system improvements in order to serve the Subject Property. The natural gas system that currently serves Beebe Draw Farms is nearing or at capacity. Please have the developer/applicant contact Atmos Energy Corporation's Bethany Nitzel (cc'd) as soon as possible to initiate discussions for natural gas service." F. United Power United Power is the sole provider of electric service to the PUD. United Power did not return a referral response. G. LaSalle Fire Protection District The LaSalle Fire Protection District serves this PUD. The district did not return a referral response. The district has previously commented on the adequacy of a 3.7 - acre unplatted parcel of land that has been previously conveyed to the Fire District by deed, dated May 18, 2001, reception # 2839706. H. Weld County School District RE -1 The Weld County School District RE -1 serves this PUD. The District returned a referral dated February 12, 2024 with no comments. The District has previously commented on the adequacy of a 36 -acre unplatted parcel of land that has been previously conveyed to the School District by deed, dated May 18, 2001, reception # 2839707. I. Beebe Draw Farms Metropolitan Districts and Authority The Beebe Draw Farms Metropolitan Districts and Authority owns, operates and builds infrastructure for the PUD including, water infrastructure, amenities, roadways and other essential services to the community. The Beebe Draw Metropolitan Districts did not return a referral, but the Beebe Draw Farms Authority returned a referral dated February 8, 2024 with the following comments: "1. Major construction equipment must not use existing roadways in Filing No. 1 during the infrastructure and home building in Filing No. 2. Alternative access must be provided to keep heavy construction vehicles off of our private roads. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 9 2. Landscaping is shown in the plans to be "hand watered". Landscaping appurtenant to the south entrance to WCR 32 is obviously intended to be owned and maintained by the Authority. These plantings must be irrigated. And there needs to be clarification on who will own and maintain the clusters of "3 PN's" scattered throughout the plan. If the PN's are to be Authority responsibility, they must be irrigated. If the future homeowners are to maintain them, a reliable plan must be established to get those trees established and then maintained especially considering that the lots and houses are intended to be served with "1/2 taps"." J. Colorado Division of Water Resources Referral dated January 19, 2024, stated the following "based on the submittal and pursuant to Section 30-28-136(1)(h)(I), C.R.S. and Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the PUDF water supply plan the following information is required: 1. The applicant must specify the estimated water requirements for the Pelican Lake Ranch Filing 2 development. 2. The applicant must specify the additional water sources that will be provided in order for the District to supply water to all the proposed lots. 3. Applicant must clarify if well permit nos. 6844-A and 83708-A will be used within the subdivision or be plugged and abandoned. If the wells will be used in the proposed subdivision the Applicant must also demonstrate that a court approved augmentation plan has been obtained for well no. 83708-A and new well permits have been obtained for the wells. A condition of approval has been added to ensure the applicant continues to work with the Division of Water resources. 3. Comply with the standards detailed in Articles II and III of Chapter 24, Article III of this Chapter, and this Section 27-1-60. ARTICLE II - Conformance Standards A. Section 24-2-40 — Improvements agreement states "The subdivider, applicant or owner shall submit a signed subdivision Improvements Agreement agreeing to construct the required improvements as shown on the approved plat and other supporting documents. The Agreement shall be made in conformance with the County policy on collateral for improvements per Section 2-3-30 of the Weld County Code, as amended. Approval of the Improvements Agreement will be a condition of approval for the subdivision and shall be approved by the Board of County Commissioners prior to recording the subdivision final plat." Per the Development Review referral, dated July 24, 2025, an Improvements Agreement is required for on -site and upfront off -site improvements associated with this project. On -site and upfront off -site improvements associated with the development will be identified and detailed in the agreement. ARTICLE III - Subdivision Design Standards A. Section 24-3-20 — Road standards The new road network in the proposed second filing is designed to integrate seamlessly with the existing infrastructure, ensuring a smooth transition. This integration is achieved by aligning new roads with existing ones and maintaining consistent road widths. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 10 Additionally, the new road network includes multiple access points, which help distribute traffic more evenly and reduce congestion at any single entry or exit. These additional access points improve overall traffic flow and provide better connectivity within the community. This design ensures that the expanded development functions efficiently and safely, enhancing the overall living experience for residents. Per the Development Review referral, dated July 24, 2025, the following requirements are within the Improvements Agreement: 1. The applicant shall design and construct a County accepted eastbound left turn deceleration lane for the County Road 32/Pelican Lake Ranch intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. 2. The applicant shall design and construct a County accepted northbound right turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. 3. The applicant shall design and construct a County accepted southbound left turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. B. Section 24-3-50 — Lot size standards The second filing, which includes 283 lots with an average density of 2.5 acres per lot, represents the next proposal the approved Planned Unit Development (PUD). This phase continues the development's commitment to providing single-family residences, with lot sizes ranging from 1.1 to over 3 acres. • Filing No. 2 lot breakdown: o 1-2 acre lots — 197 or 35% site area o 2-3 acre lots — 78 or 21% of site area o 3+ acre lots — 8 or 3% of site area • Filing No. 1 lot breakdown: o 1-2 acre lots — 42 or 11% site area o 2-3 acre lots — 106 or 36% of site area o 3+ acre lots — 38 or 19% of site area The amended zoning, AM Z-412, allowed for 800 lots, each also averaging 2.5 acres. This consistency in density between the two filings ensures that the overall character and spacing of the development remain aligned with the original vision. By maintaining the same average lot size, the second filing upholds the principles set forth in AM Z-412, ensuring a smooth and consistent expansion of the community. C. Section 24-3-60 — Easement standards Standard easements are established in the second filing in accordance with Section 24-3-60 of the Weld County Code. While the existing zoning plat, AM Z-412, and the initial filing, S-299, do not have established easements, the new easements will adhere to the general standards outlined in the code. This ensures consistency and PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 11 compliance with the approved development plan, maintaining the integrity and functionality of the overall community design. In addition, the utilities have been notified, and their comments have been addressed through the review process, or they did not have any concerns. This ensures that all necessary infrastructure requirements are met. D. Section 24-3-70 — Potable water supply standards Public water from Central Weld County Water District is available for one hundred ninety-two (192) of the proposed two hundred eighty-three (283) lots. Terms for water service are detailed in the Central Weld County Water District letter dated July 29, 2021, as submitted in the application materials. Central Weld County Water District submitted an updated Can Serve Letter dated January 22, 2025, reiterating their ability to serve the proposed filing and that additional studies will need to take place prior to construction of infrastructure. E. Section 24-3-90 — On -site wastewater treatment systems (OWTS) report requirements. Sanitary sewer service is not available at this location or within six miles of the development. Therefore, all lots will be served by on -site wastewater treatment systems. When building, individual property owners will need to coordinate with the Weld County Department of Public Health and Environment regarding their on -site wastewater treatment systems. This approach is consistent with the procedures followed during the first filing of this development. F. Section 24-3-200 - Storm drainage requirements Stormwater Management and master drainage design shall be addressed in each of the future PUD Final Plan applications. Per the Development Review referral dated July 24, 2025, This project site is within a Non -Urbanizing Drainage Area, which typically requires detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 - hour, 10 -year storm falling on the undeveloped site. Per Weld County Code, Section 8-11-40.C., stormwater retention facilities are normally not allowed in Weld County but will be considered for special circumstances through the variance process as defined in Chapter 12, of Appendix 8-Q, of the Weld County Code. The applicant has submitted a preliminary drainage report which has gone through several rounds of review and is nearing County acceptance. A final drainage report with the required detention/retention pond designs completed by a Colorado Licensed Professional Engineer is required prior to recording the PUD Final Plat. The drainage report must include a certification of compliance stamped and signed by the PE. G. Section 24-3-220 — Traffic impact analysis requirements The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich Associates, dated September 2024. The study assessed the impacts the 2nd Filing of Beebe Draw Farms (Pelican Lake Ranch) will have on the surrounding road system and concluded that the development is feasible from a traffic engineering standpoint. At full development, the study found that the 2nd Filing will generate 2,636 daily trip ends, 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends. The study also found that the development will necessitate the construction of the following auxiliary turns: • Eastbound Left Turn Deceleration Lane — County Road 32/Pelican Lake Drive PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 12 Intersection • Southbound Left Turn Deceleration Lane — County Road 39/Pelican Lake Lane Intersection • Northbound Right Turn Deceleration Lane — County Road 39/Pelican Lake Lane Intersection 4. Comply with the recorded PUD zoning plat. Where the PUD zoning plat conflicts with the provisions of this Chapter or Article III of Chapter 24, as determined by the Board of County Commissioners at the hearing described below, the PUD final plan shall comply with the PUD zoning plat. A. Landscaping elements According to the application materials, the Conceptual Landscape Plan for Pelican Lake Ranch is a combination of both open spaces and riding/walking trail corridors that link together to form an interconnected system throughout the development. This system connects both visually and physically to the dedicated open spaces that are located throughout the site. Pedestrian movement is encouraged through the property while allowing opportunities for smaller more intimate gathering places and focal points for each neighborhood. The PUD will attempt to maintain existing natural grades throughout the development. Although landscaping is identified in the submitted materials, it is managed and regulated by the HOA, not through County Code. The AM Z-412 zoning did not establish requirements for landscaping. Therefore, the proposed landscaping for Filing No. 2 aligns with Filing No. 1, but ultimately, it will be up to the landowner and HOA to finalize these details. B. Amenities The existing Planned Unit Development (PUD) includes a variety of amenities and public improvements. Currently, there are 186 fully developed residential lots with paved streets, water, natural gas, electricity, and drainage systems. The development features miles of riding and walking trails, over 600 acres of open space and nature preserves, a bird estuary with trails, descriptive signage, a sheltered picnic area, and restroom facilities. Additional amenities include community swimming pools with a cabana, a large park, sports courts for tennis, basketball, volleyball, and a putting green. There is also a stocked fishing lake with docks, a playground, a community picnic area, a Community Information and Sales Center, an outdoor riding arena with a round pen, an entry building, entry monumentation and landscaping, and a Maintenance Facility and District Office. The second filing has space designated for future amenities, which will be planned by the Authority. C. Common open space usage. The application materials states that the common open space for the PUD will include buffer zones along the lake and canal, various parks and recreational facilities, open spaces and their associated installations. The application materials further states there is an overall open space framework defined primarily by the community plan as well as by the limiting site factors. The plan will provide key linkages of equestrian and walking trails to create an integrated open space network. The limiting site factors are physical elements of stormwater and drainage features and oil and gas facilities. Such components are proposed to be included in the common open space calculation, when appropriate. The justification to include these physical elements in the calculation is that they are still usable for recreational PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 13 activities, parks, trails, and other amenities, or other functions that cannot damage or be damaged by the limiting site factors. In particular, the development contains abandoned and portions of active well sites. This recommendation for approval is based upon compliance with Weld County Code Chapter 27 requirements and upon a review of the application materials submitted by the applicant, the relevant information regarding the request, and responses from the referral entities. THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the Planned Unit Development Final Plan plat: A. The applicant shall address the requirements of Atmos Energy regarding the existing natural gas system nearing its capacity, as stated in the referral response dated January 9, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of Wes DJ Gathering LLC regarding the existing pipelines and easements located in filing 2, as stated in the referral response dated January 11, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements of the Colorado Division of Water Resources regarding existing well usage, water availability and stormwater management, as stated in the referral response dated January 19, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the Beebe Draw Farms Authority as stated in the referral response dated February 8, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall acknowledge the advisory comments of the Town of Platteville as stated in the referral response dated February 5, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. An Improvements Agreement is required for on -site and upfront off -site improvements associated with this project. On -site and upfront off -site improvements associated with the development will be identified and detailed in the agreement. Requirements for upfront off -site road improvements are detailed below: 1. The applicant shall design and construct a County accepted eastbound left turn deceleration lane for the County Road 32/Pelican Lake Ranch intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 2. The applicant shall design and construct a County accepted northbound right turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 3. The applicant shall design and construct a County accepted southbound left turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 14 Engineer registered in the State of Colorado is required. (Development Review) H. A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development, and all drainage and utility easements defined in Section 24-3- 60, of the Weld County Code, is required. (Development Review) I. The applicant shall submit a recorded copy of any agreement/easement signed by all owners whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring maintenance. Such an agreement/easement shall be referenced on the Final Plat by the Weld County Clerk and Recorder's Reception number. (Development Review) J. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled: Planned Unit Development Final Plan No. PUDF24-0001, Second Filing of Beebe Draw Farms and Equestrian Center. 2) The plat shall only delineate the lots that are part of the proposed PUDF. (Department of Planning Services) 3) The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 4) Show and label all recorded easements, ditches and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 5) All utility easements shall conform to Section 24-3-60 of the Weld County Code. (Department of Planning Services) 6) The plat shall utilize Plat Certificates Letters A, D, E and F as located in Appendix 24-A of the Weld County Code. (Department of Planning Services) 7) County Road 32 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. (Development Review) 8) County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Development Review) 9) Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld County Code. (Development Review) 10) Show and label any agreement/easement as specified in "Condition of Approval J" above. (Development Review) 11) Show and label the existing and proposed access points on County Roads 32 and 39. Development Review will review access locations as a part of the plat submittal review process. (Development Review) 12) Show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 15 K. Prior to Construction: A. Because more than one (1) acre of land will be disturbed with this development, a Weld County Grading Permit is required. (Development Review) B. The applicant shall notify Development Review of the anticipated start date and schedule a stormwater inspection. If construction has commenced without contacting Development Review, the site will be in violation, a stop work order will be issued, and further enforcement actions may be pursued. (Development Review) L. During Construction: Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs) for proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways, and nearby waterways from the potentially adverse effects of stormwater runoff. Inspections shall occur at a frequency determined by the site's compliance, with higher inspection frequencies for non-compliance. (Development Review) M. Prior to Issuing Building Permits: A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped by a Professional Engineer registered in the State of Colorado. After the submittal, Weld County shall be allowed to enter the premises to inspect the permanent control measures to confirm proper installation, as detailed in the drawing. (Development Review) B. The applicant shall submit a certification from a professional engineer, licensed in the State of Colorado, that the drainage/detention measures have been constructed in accordance with the accepted drainage report. (Development Review) N. The PUD is conditional upon the following notes and each note shall be placed on the PUD plat prior to recording: 1) The Planned Unit Development Final Plan, PUDF24-0001, for Second Filing of Beebe Draw Farms allows for 283 residential lots with R-1 (Low -Density Residential) Zone District uses and several outlots with recreational and oil and gas activity, as indicated in the application materials on file in the Department of Planning Services, subject and governed by the Plat Notes stated hereon and all applicable Weld County regulations. (Department of Planning Services) 2) All dwelling units, the indoor and outdoor arenas, clubhouse, and associated headquarters shall be located a minimum of 300 feet from oil and gas drill sites and production facilities. 3) No Uses by Special Review permit shall be permitted within this Planned Unit Development. (Department of Planning Services) 4) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24, C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of Planning Services) 5) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code, as amended. (Department of Planning Services) 6) All occupied buildings shall be located on a platted and buildable lot. No occupied structures PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 16 shall be permitted in the outlots. (Department of Planning Services) 7) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 8) Any such provision included with the recorded Declaration of Covenants, Conditions and Restrictions may be more restrictive than Weld County Zoning Code requirements; however, will not be enforced by Weld County. In no event shall bulk requirements and lot standards be less restrictive than Weld County Code. (Department of Planning Services) 9) Water service may be obtained from Central Weld County Water District. (Department of Planning Services) 10) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Planning Services) 11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Planning Services) 12) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. (Department of Planning Services) 13) If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Planning Services) 14) The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Department of Public Health and Environment, Department of Planning Services and all applicable Weld County regulations. (Department of Planning Services) 15) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 16) The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Development Review) 17) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 18) The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 19) Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) 20) Weld County is not responsible for the maintenance of on -site subdivision roads. (Development Review) PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 17 21) No development activity shall commence on the property, nor shall any building permits be issued on the property until the PUD Final Plan has been recorded and all conditions satisfied. (Department of Planning Services) 22) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 23) Failure to Comply. The plat may be submitted for recording with the recording fee to the Planner. The conditions of approval must be met and the plat submitted for recording within sixty (60) days of approval by the Board of County Commissioners, or the application may be forwarded to the Board of County Commissioners for reconsideration. The property owner shall be notified of the hearing at least fifteen (15) days prior to the hearing. The Board of County Commissioners may, after a public hearing, rescind the approval. (Department of Planning Services) 24) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code, as amended. (Department of Planning Services) 2. Upon completion of Condition of Approval 1 above, the applicant shall submit one (1) electronic copy (.pdf) of the Planned Unit Development Final Plan plat for preliminary approval to the Weld County Department of Planning Services. Upon County approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff. (Department of Planning Services) 3. The Planned Unit Development Final Plan plat shall be submitted to the Department of Planning Services for recording within one hundred and twenty (120) days of approval by the Board of County Commissioners. (Department of Planning Services) 4. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final Plan plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. PUDF24-0001— Beebe Draw Farms and Equestrian Center Filing. 2 Page 18 June 20, 2025 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: mnader@weld.gov Phone: (970) 400-400-3527 Fax: (970) 304-6498 JOHNSON TODD 3465 SOUTH GAYLOARD COURT, A304 ENGLEWOOD, CO 80113 Subject: PUDF24-0001 - A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. On parcel(s) of land described as: All of Section 17 and parts of Sections 8 and 9; all located in Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 5, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 20, 2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, iv? /i,, i, Maxwell Nader Planner TERRA FORMA SOLUTIONS June 15, 2025 Max Nader Weld County Planning Manager RE: 1st Submittal Comment Responses UPDATE - for PUDF24-0001 Dear Mr. Nader, The following is an update to further conversations with the County and Referall Agencies. Below you will find our initial responses to the comments and UPDATES along with a new updated digital link for the documents: https://www.dropbox.com/scl/fo/3kzt2bvy6la7mgea3kuki/AKC- AMwnPbd8kAuK5JMMJxM?rlkey=wawah4spifwao9fth0cx15n7k&d1=0 General Updates and Comments: • An additional tract on the eastern area was added, this provides a permanent open space adjacent to existing residents. NO CHANGE • An access has been added to WCR 39 that will help alleviate construction traffic and neighbors' concerns regarding traffic use in the existing roadways and provide additional circulation for the overall PLR Development. PLANS HAVE BEEN UPDATED FOR COMMENTS PROVIDED BY THE COUNTY. • The applications, legal description and title have been updated for the added area. NO CHANGE • Final Plat/PUD have been updated for the additional tract and added WCR 39 access. PLANS HAVE BEEN UPDATED FOR COMMENTS PROVIDED BY THE COUNTY. • The "Onsite" Construction Documents have been updated for the additional noted changes. PLANS HAVE BEEN UPDATED FOR COMMENTS PROVIDED BY THE COUNTY. • An additional "Public" Construction Documents for WCR 32 and 39 have been added. PLANS HAVE BEEN UPDATED FOR COMMENTS PROVIDED BY THE COUNTY. • The traffic report has been updated for the new access connection to WCR 39. NO CHANGE • An updated Can Serve Letter from Central Weld County Water District. NO CHANGE • Supplemental information: o During our conversations with Engineering an inquiry regarding future driveways was asked, a general exhibit has been provided for further discussion. NO CHANGE o Overall grading exhibit was discussed, an exhibit has been provided. NO CHANGE • We provided an update to the neighborhood at the Authority/Metro District meetings, June 12, 2024 and provided the above changes to those in attendance both virtually and in person. REI continues to provide updates at Authority/District Meetings. • The checklist shows those documents that have been Revised/Resubmitted(R), Not Changed/Not Resubmitted(NC). SEE UPDATES TERRA FORMA SOLUTIONS If you need any additional materials or have any questions with regards to the provided information, pleasecontactmeat303-257-7653ortodd@terraformas.com with anyquestions orcomments. Todd A. Johnson, RE, President For and on behalf of: Terra Forma Solutions, Inc. Page 2 TERRA FORMA SOLUTIONS Comment Responses Atmos Energy 1. Atmos will need to build significant system improvements in order to serve the Subject Property. The natural gas system that currently serves Beebe Draw Farms is nearing or at capacity. Please have the developer/applicant contact Atmos Energy Corporation's Bethany Nitzel (cc'd) as soon as possible to initiate discussions for natural gas service. Response: We are in communication and will continue our coordination. Atmos has confirmed service. Final designs are provided after a Final Plat/PUD approval, no further action for Final Pla tIPUD. Beebe Draw Farms Authority RD continues to work with BBDFA to address any comments and if any further items are presented we will respond to the County prior to any public meetings. The Beebe Draw Farms Authority, in response to your request for comments, has reviewed the landowners' request for a final plat and site plan for Filing No. 2 Beebe Draw Farms. In our review we iden Ified the following concerns: 1. Major construction equipment must not use existing roadways in Filing No. 1 during the infrastructure and home building in Filing No. 2. Alternative access must be provided to keep heavy construction vehicles off of our private roads. Response: The applicant has revised the application and documents to add a new WCR 39 access with the first phase that will direct construction traffic and overall a majority of Filing No. 2 to this connection point. 2. Landscaping is shown in the plans to be "hand watered". Landscaping appurtenant to the south entrance to WCR 32 is obviously intended to be owned and maintained by the Authority. These plantings must be irrigated. And there needs to be clarification on who will own and maintain the clusters of "3 PN's" scatered throughout the plan. If the PN's are to be Authority responsibility, they must be irrigated. If the future homeowners are to maintain them, a reliable plan must be established to get those trees established and then maintained especially considering that the lots and houses are intended to be served with "1/2 taps". Response: Landscaping requirements to establish and maintain will be adhered to for the project. The Beebe Draw Farms Authority appreciates the opportunity to comment on this planned development and strongly encourages Weld County to consider and require our comments to be incorporated into the approved development. Page 3 TERRA FORMA SOLUTIONS Colorado Geological Survey No further action for Final Plat/PUD. The Colorado Geological Survey has reviewed the Pelican Lake Ranch / Beebe Draw Farms Filing 2 PUD Final Plan and Site -Specific Development Plan referral (PUDF24-0001). I understand the applicant proposes 284 residential lots with R-1 low density residential zone district uses on 847 acres located east of Platteville. CGS previously reviewed Soilogic's Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report - Pelican Lake Ranch Subdivision Weld County (Platteville), Colorado (Soilogic Project # 20-1130, May 28, 2020). CGS agrees with Soilogic's 5/28/2020 interpretation that the site does not contain economically recoverable aggregate or metallic mineral resources and that no known or suspected geologic hazards are present that would preclude the proposed residential development. However: Oil/Gas and Setbacks. Pelican Lake Ranch Filing No. 2 plat note 14 states, "ALL DWELLING UNITS... SHALL BE LOCATED A MINIMUM OF 300 -FEET FROM OIL AND GAS WELLS AND PRODUCTION FACILITIES." CGS recognizes that most or all of the wells within the subject site have been or will be plugged and abandoned. However, under current conditions, the 300 ft. O&G setback significantly encroaches onto several proposed lots including, but not necessarily limited to: 92, 153, 179, 219, 220. 228, 229, 283. Geology and soil engineering properties. Available geologic maps (Brandt, T.R. et al., 2003, USGS OF -2003- 24) indicate the site overburden materials consist of windblown clay, silt, and sand underlain by the Laramie Formation. The windblown material may be subject to consolidation when loaded or wetted and can be erodible and subject to soil blowing and water erosion. The Laramie Formation includes expansive claystone bedrock. • Lot- or site -specific geotechnical studies will be necessary to characterize soil engineering properties such as expansion/consolidation (collapse) potential, strength, water content, and allowable bearing pressures. This information will be needed to determine if removing and replacing loose or expansive soils/bedrock is necessary and to design individual foundations, floor systems, and subsurface drainage. Response: Noted. • Erosion control measures must be implemented during the design and construction of this development Response: Noted. Groundwater. CGS agrees with Soilogic (page 4) that "Groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched and/or trapped groundwater conditions may also be encountered at times throughout the year." Also, on page 2, "While site groundwater levels are not anticipated to significantly impact proposed construction, care will be needed to establish finish floor slab levels above seasonal high groundwater." • If basements are being considered within the proposed development, depths to bedrock (to determine if a perched water condition is possible) and groundwater should be obtained early in the design process to determine the feasibility of basements and, if necessary, to design subsurface drainage systems. Response: Noted. Corrosive soils. According to NRCS soil survey data, some of the site soils are highly corrosive to uncoated steel and have a moderate potential for sulfate attack on concrete Disturbance tends to increase corrosivity. Page 4 TERRA FORMA SOLUTIONS • Epoxy -coated, fiberglass/composite, concrete, or otherwise corrosion -resistant or corrosion -proof basement window wells are recommended on lots where basements are planned and groundwater levels are sufficiently deep to allow basement construction. Response: Noted. • The need for sulfate attack -resistant (Type II or Type V) cement in project concrete should be evaluated. Response: Noted. Colorado Parks and Wildlife REI continue to work with the agency to provide updated information. See also comment responses from ERG Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed Pelican Lake Ranch Project. It is our understanding that this is a referral request for comments on the Pelican Lake Ranch Final Planned Unit Development(PUD)/Plat application for Filing No. 2, consisting of 284 lots with an overall density of two and one-half (2 1/2) acres per lot, and is the next phase of expansion of the approved Beebe Draw Farms and Equestrian Center PUD. The project is generally located ten miles south of Greeley, seven miles east of Platteville, and five miles south of La Salle, adjacent to Milton Reservoir in unincorporated Weld County. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. The protection of High Priority Habitats (HPH), big game winter ranges, and raptor nesting locations are of extreme importance to CPW. CPW recommends that all proposed projects be assessed to avoid, minimize, or mitigate impacts to sensitive wildlife habitats and species. That includes species of concern, big game winter concentration areas, breeding and nesting habitats for sensitive ground -nesting birds, and nests of raptors sensitive to development to prevent the loss of habitat or fragmentation of habitat. Our goal in responding to land use proposals such as these is to provide complete, consistent, and timely information to all entities who request comments on matters within our statutory authority. CPW staff are familiar with the area and reviewed the proposed project. After reviewing the changes from the first filing for this development and the referral letter CPW provided on February 2, 2023, we found concern with the proposed development in Parcel 3 (Number:121309000026- R4940286) in section 9 (orange phase) in that there is no wildlife impact statement included in the narrative provided. Terra Forma Solutions makes little reference to, nor includes any details in the Environmental Impacts statement specific to potentially significant impacts to wildlife species and habitat, including wetland and riparian areas and mature cottonwood forests associated with Milton Reservoir and the surrounding landscape. Page 5 TERRA FORMA SOLUTIONS These projected filings/Phases are in close proximity to current and historic bald eagle nests, colonial waterbird nesting areas (including double -crested cormorant, great blue heron, black- crowned night heron, great egret, and snowy egret), and the American white pelican nesting colony site along the n orthwest and western shorelines of Milton Reservoir. CPW has been monitoring these nesting bird species along these areas of Milton Reservoir since 1978. Note: The Bald eagle is designated as avian Priority Tier 2 Species of Greatest Conservation Need within CPW's 2015 Colorado State Wildlife Action Plan. This designation denotes that these species are in need of conservation attention in Colorado and are provided a relative degree of conservation management priority. Mule deer severe winter range High Priority Habitat, Bald eagle roosts, and a nest occur within section 9. The proposed orange phase's eastern edge falls within Mule deer severe winter range and the Bald Eagle Roost % mile buffer and occurs within a % mile of the % mile buffer for the active Bald Eagle Nest. Please refer to Exhibits A and B below. Bald Eagle Active Nest Site An active Bald eagle nest site is a specific location in which a pair of bald eagles has at least attempted to n est within the last five years. Any nest location that can be directly tied to courtship, breeding, or brooding behavior is considered active. CPW has two recommendations to protect these sites: a) restricted surface occupancy (RSO) within 0.25 mile of any active bald eagle nest site, and b) no human e ncroachment or permitted/authorized human activities within 0.5 mile any active bald eagle nest site from December 1 to July 31 of each year. Bald Eagle Roost Site Bald eagle roost sites are defined as groups of (or individual) trees that provide diurnal and/or nocturnal perches for wintering bald eagles. These trees are usually the tallest available in the wintering area and are primarily located in riparian habitats. CPW has two recommendations to protect these sites: a) no surface occupancy within 0.25 mile of any active bald eagle winter night roost, and b) no human e ncroachment or disturbance within 0.5 mile any active bald eagle winter roost site from November 15 to March 15 of each year. Bald Eagle Winter Concentration Area Bald eagle winter concentration areas are defined as existing winter range where eagles concentrate between November 15 and March 15. Bald eagle winter movements are highly variable as they are influenced by changes in weather and prey availability. Therefore, bald eagle distribution and abundance may change quickly during the winter and between winters. If construction activities or maintenance activities must occur between November 15 and March 15 CPW recommends daily bald eagle night roost surveys and monitoring to avoid disturbing bald eagles during construction. Surface Occupancy Any physical object that isintended to remain on the landscape permanently or a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads, tracks, etc. Human Encroachment Any activity that brings humans in the area. Examples include new construction activities, driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. Page 6 TERRA FORMA SOLUTIONS Note: The United States Fish and Wildlife Service (USFWS) may have concerns that the proposed project and any new construction may result in the take (nest abandonment, loss of eggs, chicks) of a bald eagle or their offspring. Bald eagle nests are protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Consultation with the USFWS is highly recommended. Mule Deer Severe Winter Range Habitat That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. No permitted or authorized human activities are recommended from December 1 to April Exhibit A — Map of relevant bald eagle habitat. Red - Active nests, Yellow - Roost sites CPW recommends daily bald eagle night roost surveys and monitoring to avoid disturbing bald eagles during construction. Exhibit B — Map of relevant mule deer severe winter range and overall winter range Page 7 TERRA FORMA SOLUTIONS We appreciate being given the opportunity to comment. CPW requests from the Weld County Planning Department for us to continue to be involved with this rezoning application and development project as it moves through the County permitting and planning process. CPW appreciates the collaboration with the Weld County Planning Department as we jointly strive for responsible land use development while protecting sensitive species and their habitats. If the timing or scope of this project changes, if sensitive wildlife species are encountered, or if you have any questions, please contact District Wildlife Manager Mike Grooms at 970.692.4028 or via email at michael.grooms@state.co.us. Response: See ERC comment responses under separate cover. Central Weld County Water District No further action for Final Plat/PUD. The amount of water dedicated to the project remains as stated in our Can Serve letter dated 9/25/23. There are 96 shares of CBT available to the project, which equates to 192 budget taps. The District will require an additional transfer of CBT to complete the project once the dedicated shares are used. Response: Noted and a new Can Serve Letter has been provided. Additionally, we will continue to work with the District on new waterline modeling, design and ultimate construction for systems servicing the project. Water taps will continue to be monitored, and additional shares will be purchased when necessary. Page 8 TERRA FORMA SOLUTIONS Weld County Department of Public Health and Environment No further action for Final Plat/PUD. The Weld County Environmental Health Services Division has reviewed this proposal for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. The application indicates the minimum lot size will be 1 acre and the overall gross lot size will be 2.5 acres. A letter of commitment was received from Central Weld Water District which expires September 25, 2024. The District states 192 budget taps are available and "no additional water taps will be available without additional water rights being transferred to the District." The application indicates the PUD will be developed on a phased basis subject to the terms of Central Weld Water District. A Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report completed by Soilogic and dated May 28, 2020, was included with the COZ and the Final Plat application. The report concluded: "Based on results of our completed site and soil evaluation, we expect conventional OWTS construction will be possible for most if not all of the proposed lots on the subject site. Typical gravity -fed chamber systems in a bed or trench configuration could be considered. In areas where gravity drainage to the Soil Treatment Area (STA) is not possible, pump dosing could be considered. Site specific evaluations will be required to better evaluate the Long -Term Acceptance Rate (LTAR) of the near surface soils and depth to bedrock and groundwater in proposed STA's." Environmental Health Services recommends the following notes for the Final plat: • Water service may be obtained from Central Weld County Water District. Response: Understood. Note added. • The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Response: Understood. Note added. • Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Response: Understood. Note added. • During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. Response: Understood. Note added in the SWMP. • If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution Page 9 TERRA FORMA SOLUTIONS emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. Response: Understood. Note added in the SWMP. Weld County Development Review See resubmitted documents. The PUD proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning Services. Staff comments made during this phase of the application process may not be all-inclusive as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24- 0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. This project is north of and adjacent to CR 32 and is east of and adjacent to CR 39. Parcel numbers: 121309000026, 121308000014, and 121317100016 Access is from CR 32 and CR 39. ACCESS Weld County Development Review has reviewed the application materials related to access and has determined that the Second Filing of Beebe Draw Farms will access from County Roads 32 and 39. The access onto County Road 39 will be via an existing, permitted access (AP19-00053) located at the intersection of CR 39 and Beebe Draw Farms Parkway. The access onto County Road 32 will be a proposed access located approximately 1,090 feet east of County Road 39. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Minimum access spacing requirements are shown in Weld County Code, Sec. 8-14-30, Table 1 (Table 1 can be found in the "Construction Plans" section of this document). Response: We have since met with Engineering to discuss. Please refer to Chapter 8, Article 14, of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 32 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of -way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the Page 10 TERRA FORMA SOLUTIONS future right -of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Response: ROW is shown on the Plat and Construction Documents. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of -way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right -of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Response: ROW is shown on the Plat and Construction Documents. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of - way or easement. Right -of -Way Use Permit instructions and application can be found at: Response: Understood. https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. Response: Understood. TRAFFIC The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich Associates, dated November 2023. The study assessed the impacts the 2nd Filing of Beebe Draw Farms will have on the surrounding road system and concluded that the development is feasible from a traffic engineering standpoint. At full development, the study found that the 2nd Filing will generate 2,636 daily trip ends, 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends. Response: An updated report has been provided for review and addresses the traffic comments below. The report includes the following daily traffic count data taken in October 2023, over a 72 -hour period: • County Road 32 east of County Road 39 — AADT 1,016 • County Road 39 north of County Road 32 — AADT 2,042 • County Road 35 north of County Road 32 — AADT 295 • County Road 35 south of County Road 32 — AADT 114 • County Road 32 west of County Road 35 — AADT 1,784 • County Road 32 east of US 85 - AADT 2,885 • US 85 north of County Road 32 — AADT 26,662 • US 85 south of County Road 32 — AADT 26,373 Page 11 TERRA FORMA SOLUTIONS The study also found that the development will necessitate the construction of the following auxiliary turn lanes beginning in 2032 (Mid -range forecast): • Eastbound Left Turn Lane — County Road 32/Site Access Intersection • Westbound Right Turn Acceleration Lane — County Road 32/Site Access Intersection • Northbound Right Turn Acceleration Lane — County Road 39/Beebe Draw Farms Parkway Intersection The updated TIS is currently under review by Development Review. IMPROVEMENTS AGREEMENT FOR ON -SITE AND OFF -SITE IMPROVEMENTS Development Review is requiring an Improvements Agreement for on -site and phased off -site improvements, per Chapter 8, Article 2, of the Weld County Code. Collateral is required to ensure the improvements are completed and maintained throughout a 2 -year warranty period. Prior to recording the Final Plan, the applicant shall provide a complete, readable set of construction drawings. Once the construction drawings are accepted, an updated Construction Schedule and updated copies of Exhibit A-2 AND B-2 are required, outlining the costs of on -site improvements. An example agreement is available at: www.weld.gov/files/sharedassets/public/v/1/departments/public-works/documents/usr-spr- permits- improvements-agreement-template.pdf Response: An agreement has been provided and will be updated as we further progress the documents. Auxiliary Turn Lanes/Speed Change Lanes required by the TIS shall be designed and installed in accordance with the criteria defined Appendix 8-O (Weld County Engineering and Construction Criteria) of the Weld County Code, and Sections Three and Four of the State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, March 2002, manual and the most recent edition of A Policy on Geometric Design of Highways and Streets (Green Book) published by the American Association of State Highway and Transportation Officials (AASHTO). The structural capacity of the road structure shall be designed in accordance with Appendix 8-Q, of the Weld County Code, and the Guide for Design of Pavement Structures, published by AASHTO. Phased Off -site Road Improvements • The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. Page 12 TERRA FORMA SOLUTIONS • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. The applicant is responsible for all right-of-way acquisition and construction costs for off -site County roadway upgrades needed to support the development. Response: WCR 32 and 39 Preliminary Plans have been created and included as part of this resubmittal. TRACKING CONTROL POLICY Temporary Tracking Control shall be used during construction. Recycled concrete is not allowed in County right-of-way. The applicant shall provide a tracking control detail with the construction drawings for Development Review to review and accept. Response: Noted. DRAINAGE REQUIREMENTS The applicant has submitted a preliminary drainage report which is currently under review. This project site is within a Non -Urbanizing Drainage Area, which typically requires detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site. Per Weld County Code, Section 8-11-40.C., stormwater retention facilities are normally not allowed in Weld County but will be considered for special circumstances through the variance process as defined in Chapter 12, of Appendix 8-Q, of the Weld County Code. A final drainage report and detention pond design(s) completed by a Colorado Licensed Professional Engineer is required prior to recording the PUD Final Plat. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Weld County Development Review website at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review NOTE: The drainage design for the second amendment is required to capture and detain storm water runoff (which could adversely impact parcel #121309000026) from Essex Road (east of and adjacent to Beebe Draw Farms, Filing 1, Phase 5) and the Equestrian Center. This requirement was agreed to in writing by the Manager of REI, LLC, Christine Hethcock, in a letter sent to Trace Anderson, of Weld County Public Works, dated August 13, 2020. Page 13 TERRA FORMA SOLUTIONS Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. Response: An updated drainage report has been provided along with the variance request for the retention ponds. CONSTRUCTION PLANS The applicant has submitted a preliminary set of construction plans. A cursory review of the plans indicates that additional information will be required for final acceptance. The final plan set shall include at a minimum: • Cover Sheet • Roadway Plan and Profile Sheets • M&S Standards Sheet • Utility Plans Sheet(s) • Final Plat • Intersection Details • General Notes • Roadway Cross Sections • Summary of Approximate Quantities and • Signage and Striping Plan Earthwork Quantities Sheet(s) • Grading Plan • Typical Roadway Cross Sections • Drainage Plan • Existing Conditions Exhibit • Phasing Plan Sheet(s) • Overall Grading Exhibit • Sediment and Erosion Control Plan • Overall Utility Exhibit • Storm Drain Plan and Profile Sheets • Demolition and Removal Plan • Construction Traffic Control Plan Sheet(s) • Survey Control Sheet(s) • Stormwater Management Plan • Horizontal Control Plan • Detail Sheets • Right -of -Way and Easements Exhibit The construction plans will be reviewed to ensure the applicant has met the design requirements and street sections as defined in Chapters 8 and 24, of the Weld County Code, and that all internal roadways intersecting County roadways have met the access/intersection spacing requirements defined in Table 1 of Weld County Code, Appendix 8Q, shown below. Table 1 - Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance Signalized Unsignalized between intersections 2,640 1,320 N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Page 14 TERRA FORMA SOLUTIONS Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Any proposed internal roadway not meeting spacing requirements will require a variance. The applicant will need to address oil and gas accesses to the drill sites and designate which internal roadways will need to be constructed to accommodate oversize/overweight oil and gas vehicles. Per Table 4-1, of the Weld County Engineering and Construction Criteria manual, the applicant must accommodate a turning radius for a WB-67 design vehicle when designing these access points. Response: Updated Preliminary "Onsite" Construction Documents(along with "Public"WCR32&39) have been provided. UTILITY PLAN A utility plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development is required. The plan shall contain drainage and utility easements as defined in Section 24-3-60 of the Weld County Code. Response: Updated Utility Plan has been provided; it is also contained in the Onsite Construction Documents. CONSTRUCTION SCHEDULE When the final construction schedule is available, the applicant shall submit an updated construction schedule that includes estimated starting and finishing dates along with estimated dates of various construction stages. Response: Noted. GRADING PERMIT A Weld County Grading Permit will be required for disturbing more than 1 acre of land. Grading Permit applications are accepted after the planning process is complete (plat recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. Early release requires conditional approval. Response: Noted. COLORADO STORMWATER PERMIT A Construction Stormwater Permit is required with the State for disturbing more than one (1) acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Permit Support Staff at 303-692-3517. Response: Noted. CONDITIONS OF APPROVAL A. An Improvements Agreement is required for on -site and off -site improvements associated with this project. On -site and off -site improvements associated with the development will be identified and detailed in the agreement. Requirements for off -site road improvements are detailed below: Response: Noted. Page 15 TERRA FORMA SOLUTIONS 1. The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 2. The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 3. The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) Response: Understand, this will be provided with final plans. C. An updated Traffic Impact Study with Vehicle Classification traffic counts (Lightweight, Single Unit or Combo Unit Vehicles), as specified in Section 9.4.2 of Appendix 8-Q of the Weld County Code, is required for the off -site roads analyzed in the TIS. (Development Review) Response: Noted. D. A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development, and all drainage and utility easements defined in Section 24-3-60, of the Weld County Code, is required. (Development Review) Response: Included with Construction Documents. E. The applicant shall submit a recorded copy of any agreement/easement signed by all owners whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring maintenance. Such an agreement/easement shall be referenced on the Final Plat by the Weld County Clerk and Recorder's Reception number. (Development Review) Response: Noted. F. The plat shall be amended as follows: 1. County Road 32 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. (Development Review) Response: See updated Plat. 2. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Development Review) Response: See updated Plat. 3. Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld County Code. (Development Review) Response: Shown on Plat and in details. Page 16 TERRA FORMA SOLUTIONS Show and label any agreement/easement as specified in "Condition of Approval E" above. (Development Review) Response: To be provided when complete. 5. Show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, and/or Commercial/Industrial). Development will review access locations as a part of the plat submittal review process. (Development Review) Response: Noted. 6. Show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) Response: Noted. Prior to Construction: A. Because more than one (1) acre of land will be disturbed with this development, a Weld County Grading Permit is required. (Development Review) Response: Noted. B. The applicant shall notify Development Review of the anticipated start date and schedule a stormwater inspection. If construction has commenced without contacting Development Review, the site will be in violation, a stop work order will be issued, and further enforcement actions may be pursued. (Development Review) Response: Noted. During Construction: Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs) for proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways, and nearby waterways from the potentially adverse effects of stormwater runoff. Inspections shall occur at a frequency determined by the site's compliance, with higher inspection frequencies for non-compliance. (Development Review) Response: Noted. Prior to Issuing Building Permits: Response: Noted. A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped by a Professional Engineer registered in the State of Colorado. After the submittal, Weld County shall be allowed to enter the premises to inspect the permanent control measures to confirm proper installation, as detailed in the drawing. (Development Review) B. The applicant shall submit a certification from a professional engineer, licensed in the State of Colorado, that the drainage/detention measures have been constructed in accordance with the accepted drainage report. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE FINAL PLAT) Response: See updated Plat. 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access on the site shall be maintained to mitigate any impacts to the public road Page 17 er TERRA FORMA SOLUTIONS including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 5. Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) 6. Weld County is not responsible for the maintenance on onsite drainage subdivision roads. (Development Review) Farmers Reservoir and Irrigation Company REI continues to work with the agency to provide updated information. I wish to submit the following information regarding the above referenced project. X The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. X Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. X Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. X Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. X FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. X Canal road may not be used for access without approval and executed agreement. X FRICO will require a license agreement X FRICO will require an access permit X FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant _has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Response: The comments relate to the rezoning that is no longer an application, this application is for just Filing No. 2 and the new plat is not near the reservoir. Colorado Land Conservancy District No further action for Final Plat/PUD. • We have reviewed the request and find no conflicts with our interests. Response: Thanks. Page 18 TERRA FORMA SOLUTIONS Weld County Oil and Gas Energy Department No further action for Final Plat/PUD. The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel(s) include eight (8) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-34282 CRESTONE OPERATING PEAK LLC RESOURCES 6-2-8 ARISTOCRAT ANGUS PR 05-123-35044 KERR MCGEE OIL & GAS ONSHORE LP 09-30D REI H SI 05-123-15639 KERR MCGEE OIL & GAS ONSHORE LP 9-6J UPRC SI 05-123-34281 CRESTONE OPERATING PEAK LLC RESOURCES 6-0-8 ARISTOCRAT ANGUS PR 05-123-15937 KERR MCGEE OIL & GAS ONSHORE LP 9-6J-2 UPRC SI 05-123-32819 KERR MCGEE OIL & GAS ONSHORE LP 27-17 REI SI 05-123-14204 KERR MCGEE OIL & GAS ONSHORE LP 41-17 BEEBE DRAW UPRR SI 05-123-35343 KERR MCGEE OIL & GAS ONSHORE LP 17-28D REI H PR 3. The parcel(s) include 68 plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-09682 KERR ONSHORE MCGEE LP OIL & GAS 1 ARISTOCRAT 41-9 PA 05-123-17262 KERR ONSHORE MCGEE LP OIL & GAS 10-9 HSR-PALLETTE PA Page 19 e TERRA FORMA SOLUTIONS 05-123- KERR MCGEE OIL & GAS 41-9 REI PA 33496 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 39-9 REI PA 33490 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 32-9 BEEBE DRAW UPRR PA 14736 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 3 UPRR 39 AMOCO D PA 09636 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-33D REI H PA 28045 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 16-9A HSR-RICHARDS PA 17263 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-13J UPRC PA 15641 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 09-24D REI H PA 35040 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 24-9 REI PA 22950 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 31-9 BEEBE DRAW UPRR PA 12812 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 1-9 REI PA 23318 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 2 UPRR 39 AMOCO D PA 09635 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 41-9 BEEBE DRAW PA 16123 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 25-9 REI PA 33495 ONSHORE LP 05-123- CRESTONE PEAK RESOURCES 41-8A ARISTOCRAT PA 22102 OPERATING LLC ANGUS 05-123- KERR MCGEE OIL & GAS 9-32D REI H PA 29814 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 09-20D REI H PA 28170 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 09-25D UPRC H PA 30350 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-9 HSR-MORTON PA 17350 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-11J UPRC PA 15640 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-14J5 UPRC PA 18461 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 42-9 #4 BEEBE DRAW PA 13323 ONSHORE LP UPPR Page 20 e TERRA FORMA SOLUTIONS 05-123- KERR MCGEE OIL & GAS 2 ARISTOCRAT 32-9 PA 09725 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 20-9 REI PA 24106 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-4J UPRC PA 15637 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 21-9 REI PA 33497 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 15-9A HSR-PERRY PA 17351 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-3J UPRC PA 15636 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 9-12J5 UPRC PA 18460 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 09-31D REI H PA 35042 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 1 ARISTOCRAT ANGUS PA 08284 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-29D REI H PA 31584 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-14J UPRC PA 15036 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 2 UPRR 22 PAN AM UT/S PA 14560 ONSHORE LP 05-123- KERR MCGEE OIL & GAS H08 -13D REI PA 32071 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-5J5 UPRC PA 17856 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 08-15D REI H PA 32367 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-15J UPRC PA 15037 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 8-12 BB DRAW H PA 17056 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-16J UPRC PA 15038 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-24 UPRC H PA 24318 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 3-17A HSR-REI PA 20502 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-19 UPRC H PA 25176 ONSHORE LP 05-123- KERR MCGEE OIL & GAS 17-3J UPRC PA Page 21 e TERRA FORMA SOLUTIONS 15061 ONSHORE LP 05-123- 15034 KERR MCGEE OIL & GAS ONSHORE LP 17-10J UPRC PA 05-123-35346 KERR MCGEE OIL & GAS ONSHORE LP 17-30D REI H PA 05-123-15033 KERR MCGEE OIL & GAS ONSHORE LP 17-9J UPRC PA 05-123-14203 KERR MCGEE OIL & GAS ONSHORE LP 32-17 BEEBE DRAW UPRR PA 05-123-13008 KERR MCGEE OIL & GAS ONSHORE LP 31-17 BEEBE DRAW-UPRR PA 05-123-15035 KERR MCGEE OIL & GAS ONSHORE LP 17-11J UPRC PA 05-123-24319 KERR MCGEE OIL & GAS ONSHORE LP 17-25 UPRC H PA 05-123-24228 KERR MCGEE OIL & GAS ONSHORE LP 17-23 UPRC H PA 05-123-18462 KERR MCGEE OIL & GAS ONSHORE LP 17-13J5 UPRC PA 05-123-14205 KERR MCGEE OIL & GAS ONSHORE LP 42-17 BEEBE DRAW UPRR PA 05-123-15046 KERR MCGEE OIL & GAS ONSHORE LP 17-4J UPRC PA 05-123-32824 KERR MCGEE OIL & GAS ONSHORE LP 24-17 REI PA 05-123-31615 KERR MCGEE OIL & GAS ONSHORE LP 17-32D REI H PA 05-123-19956 KERR MCGEE OIL & GAS ONSHORE LP 8-14JI BB DRAW H PA 05-123-35347 KERR MCGEE OIL & GAS ONSHORE LP 17-21D REI H PA 05-123-17040 NOBLE ENERGY PRODUCTION INC 8-14 BB DRAW H PA 05-123-28023 KERR MCGEE OIL & GAS ONSHORE LP 17-31D REI H PA 05-123-14403 KERR MCGEE OIL & GAS ONSHORE LP 1 UPRR 22 PAN AM UT/S PA 05-123-18004 KERR MCGEE OIL & GAS ONSHORE LP 17-6J5 UPRC PA 05-123-18463 KERR MCGEE OIL & GAS ONSHORE LP 17-12J5 UPRC PA 05-123-32825 KERR MCGEE OIL & GAS ONSHORE LP 21-17 REI PA 05-123-24317 KERR MCGEE OIL & GAS ONSHORE LP 17-20 UPRC H PA 4. The PUDF lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Response: Noted, we will continue to coordinate the project as it continues through the process. Page 22 TERRA FORMA SOLUTIONS Division of Water Resources REI continues to work with the agency to provide updated information. We have reviewed the information received on January 10, 2024 related to a planned unit development final plan ("PUDF") for 284 residential lots with R-1 Residential Zone District. The PUD for Pelican Lake Ranch was approved for 1,200 residential lot. The first filing of 186 lots is 100 percent complete. Water Supply Demand Estimated water requirements were not provided. Details of necessary information to be included in the subdivision water supply plan can be found on Attachment A of the 2005 Memorandum Regarding Subdivisions, available online at: https://dnrweblink.state.co.us/dwr/ElectronicFile.aspx?docid=3565889&dbid=0 Source of Water Supply The proposed water source is the Central Weld County Water (District). A letter for water service from the District dated September 25, 2023 ("Letter") was provided in the referral material. The Letter noted that the District has the ability to serve Pelican Lake Ranch, provided the developer is responsible for the line installation costs that will be determined in a separate study. Water service for new taps can be made available provided all requirements of the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are satisfied. We do not know if the applicant has met these other requirements. The Letter notes that as of September 25, 2023 there are 96 dedicated shares of CBT water remaining for Pelican Lake Ranch and 12 vacant lots in the current development (Pelican Lake Ranch Filing 1). The 96 shares equates to 192 budget taps to be purchased at a first come first serve basis for the 12 remaining lots of Filing 1 and the lots of Filing 2. The Letter indicates that once the 96 shares of CBT water are assigned, no additional water will be available without additional water rights being transferred to the District. The District provided updated information about their water supplies in a letter dated July 29, 2021. The District primarily relies on Colorado -Big Thompson (C -BT) water to supply retail water to customers. Currently the District has 2,297 acre-feet of C -BT water left for additional projects. The yield of C -BT units varies from year to year based on conditions and storage. In addition, the District continues to develop additional water supplies, including participating in the Northern Integrated Supply Project (NISP). The District's current share of the NISP is 3,500 acre feet. Water demands for the District's retail consumers have been around 5,276 acre-feet for 2019-2020. This office found records of two exempt wells operating under permit nos. 6844-A and 83708-A, which appears to be permitted for locations within the area proposed to be developed (specifically on parcel ID Nos. 12131700016 and 121309000026). Section 37-92-602(3)(b)(III), C.R.S. requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, if well permit no. 83708-A, completed into the not nontributary Laramie -Fox Hills aquifer, will be used within the subdivision, the proposed uses must be specified and the applicant must demonstrate that a court approved augmentation plan has been obtained for the well, otherwise the well must be plugged and abandoned prior to the subdivision approval, since the provisions of Section 37-92-602, C.R.S., which allowed for issuance of the well permit, will no longer apply. Page 23 TERRA FORMA SOLUTIONS In addition, our records show that well no. 6844-A is withdrawing water from the nontributary Laramie -Fox Hills aquifer. Unless the water underlying the proposed development is decreed in water court, a new well permit must be obtained for well no. 6844-A pursuant to C.R.S. 37-92- 602(3)(b)(I) and the policy of the State Engineer. Under those provisions only the quantity of water underlying the individual lot where the well is located could be considered available for withdrawal by the existing well. Our records show that numerous monitoring wells have been drilled in the area. The applicant should be aware that all wells abandoned during the development process must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules and Well Abandonment Reports must be completed and submitted to our office for each abandoned well. The application materials indicate that a stormwater detention structure will be constructed as a part of this project. The applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), C.R.S., the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado, attached, to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The Applicant is encouraged to use Colorado Storm water Detention and Infiltration Facility Notification Portal to meet the notification requirements, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif. State Engineer's Office Opinion Based on the above and pursuant to Section 30-28-136(1)(h)(I), C.R.S. and Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the PUDF water supply plan the following information is required: 1. The applicant must specify the estimated water requirements for the Pelican Lake Ranch Filing 2 development. Response: Water will be supplied through CWCWD, see Can Serve Letter. 2. The applicant must specify the additional water sources that will be provided in order for the District to supply water to all the proposed lots. Response: Water will be supplied through CWCWD, see Can Serve Letter. Additional water will be secured prior to the sale of any lots to a third party. 3. Applicant must clarify if well permit nos. 6844-A and 83708-A will be used within the subdivision or be plugged and abandoned. If the wells will be used in the proposed subdivision the Applicant must also demonstrate that a court approved augmentation plan has been obtained for well no. 83708-A and new well permits have been obtained for the wells. Response: The applicant is currently assessing the wells for uses and will provide more information to the Division. Page 24 TERRA FORMA SOLUTIONS Platte Valley Irrigation Company No further action for Final Plat/PUD are needed. Our firm represents the Platte Valley Irrigation Company ("PVIC"), which owns and operates an irrigation ditch which diverts off of the South Platte River below Fort Lupton at the Platte Valley Canal and delivers water to its shareholders nearly to Lake Christina (see attached map). PVIC is interested in the Pelican Lake Ranch and in PUD Filing No. 2; however, it appears that Filing No. 2 will mostly occur at a distance from the Evans No. 2 Ditch as it runs to the south and west of Lake Christina. Response: Correct and Filing 2 is outside the limits of your area. In review of the documents from this docket, reference is made within Terra Forma's Narrative/Overview/Statement of Conformance (attached — see the bottom of page 4) that there are "buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation." The referenced- document is not included in the documents available for this docket — can you please request that the Applicant's team provide it? Also, within that same document (on page 10), the Applicant references "specific site impacts which include "Ditch Company Operations" but no narrative explanation of such impacts are presented in the following text — please point me to where these impacts are discussed or request that the Applicant do so. To be clear, the canal referenced could be the Platte Valley Canal which at this location is owned and operated by FRICO (and the lake could be Milton Reservoir, also owned and operated by FRICO), but as PVIC owns and operates the Evans No. 2 Ditch (roughly parallel and to the north and east of the Platte Valley Canal, which ditch is proximate to Lake Christina which is located within the project boundaries, PVIC would like to ensure that current and future proposed uses do not impact its property interests and its operations. Please let me know if a phone call would be useful to explore these requests Hunt Recharge Pond Reservoir No, 1 a 4 I r t • 4- R&44'1 k • r r c Fig.] rc - 2 Ifrcre \;,Iles Ite F<ryeearlS:rr-we P .t; \4k:e • \v.2QCCC '.3 Ynp:1cJ 2;: Applegate Group, too. I inch e.lual. SAIUII Feel teran ( ...r. rn.n. I,. .. 11.1N..y M 10- I t Weld County School District RE -1 No further action for Final Plat/PUD are needed. The Weld County school district has no comments at this time. Response: Thanks. Page 25 TERRA FORMA SOLUTIONS Town of Platteville REI continues to work with the agency to provide updated information. I'm submitting this referral to you on behalf of the Platteville Board of Trustees regarding concerns on the Site- Specific Development Plan & Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District Uses. This development, located approximately eight miles east of Platteville adjacent to CR39 and north of CR32, has the potential of generating increased traffic volumes on CR32 westbound to access US85 into the Town of Platteville that likely will cause increased traffic congestion. Even though the Colorado Department of Transportation owns and maintains the traffic signal and right-of-way at US85 the Town of Platteville owns and maintains CR32 from US85 east to CR29 and North & South Front Streets that are frontage roadways on the east side of US85 that will likely be used when the UPRR blocks the crossing to US85. The Traffic Impact Study that was completed in November 2023 by Delich Associates shows the potential of several thousand vehicle trips per day upon full development of this PUD that is the basis for this concern and referral letter. The Town of Platteville is requesting an opportunity to be more actively involved with the public hearing and plan review process for the Beebe Draw Farms development proposal as it moves forward to ensure that issues stemming from this development proposal that may impact the Town of Platteville are discussed and addressed. Response: Please see new submittal and the project will adhere to the County requirements. Weld County Sheriff's Office No further action for Final Plat/PUD. • We have reviewed the request and find no conflicts with our interests. Response: Thanks. Western Midstream No further action for Final Plat/PUD. This letter is being sent by WES DJ Gathering LLC ("WES") to inform you WES is the owner of valid easements and pipelines located in of Sections 4, 8, 9, 17, Township 3 North, Range 65 West for which the County of Weld ("County") is reviewing the PUDF24-0001 — Pelican Lake Ranch, Filing No. 2. WES is submitting this comment timely, in accordance with the County's procedural requirements. The following are comments in support of this Notice: 1. WES is the owner of a valid Right -of -Way Grant that was executed on September 25th, 1978 and recorded on March 19th, 1979 with the Weld County Clerk and Recorder at reception number 1784842. 2. WES is the owner of a valid Right -of -Way Grant that was executed on June 20th, 1979 and recorded on June 22nd, 1979 with the Weld County Clerk and Recorder at reception number 1794666. 3. WES is the owner of a valid Right -of -Way Grant that was executed on February 24th, 1989 and recorded on March 2nd, 1989 with the Weld County Clerk and Recorder at reception number 2172282. 4. WES is the owner of a valid Right -of -Way Grant that was executed on April 10th, 1990 and recorded on April 1st, 1992 with the Weld County Clerk and Recorder at reception number 2282824. 5. WES is the owner of a valid Right -of -Way Grant that was executed on July 20th, 2010 and recorded on August 16th, 2010 with the Weld County Clerk and Recorder at reception number 3711980. 6. WES is the owner of a valid Right -of -Way Grant that was executed on July 17th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864663. Page 26 TERRA FORMA SOLUTIONS 7. WES is the owner of a valid Right -of -Way Grant that was executed on May 3rd, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864665. 8. WES is the owner of a valid Notice Of Pipeline Location that was executed on May 8th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864671. The applicant MUST review the above grants and cannot encroach on WES's pipelines. The applicant will need to conform to all terms of the Right -of -Way Grants identified above and adhere to WES safety requirements: • Any utility crossing (phone, water, sewer, fiber optic cables, etc) require a minimum of 2' of vertical separation and should cross as close to 90° as possible. Utilities paralleling a WES pipeline will need to maintain at least 10' of horizontal separation. • For any work taking place within 10 feet, WES lines must be verified by hydrovacing with a WES standby present for both location and depth of pipeline. • Grade cannot be reduced over the top of a WES Pipeline without prior written consent to ensure applicable federal pipeline safety regulations are not violated. • Should crossing be required with heavy equipment, the make/model/max loaded weight of construction vehicles must be provided to WES at least 1 month in advance of dirt work for review and written approval. • A standby will be required for any digging within 10' of a WES pipeline. • Colorado 811 Laws must be adhered to. Provided that the requirements above are met, WES does not object to the proposed PUDF24-0001 Pelican Lake Ranch, Filing No. 2. Additionally, WES reserves the right to stop work for any encroachment related to the proposed development if the above safety precautions are not met. Response: Noted. Xcel Energy United Power will be providing service for this project. No further action for Final Plat/PUD. Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a conflict with Pelican Lake Ranch. There does not appear to be any dry utility easements on this plat. To ensure that adequate utility easements are available within this development, PSCo requests that the following language or plat note be placed on the preliminary and final plats for the subdivision: Six-foot (6') wide dry utility easements are hereby dedicated on private property adjacent to the front lot lines of each lot in the subdivision or platted area. Ten foot (10') dry wide utility easements are hereby granted around the perimeter of tracts, parcels and/or open space areas. These easements are dedicated to Weld County for the benefit of the applicable utility providers for the installation, maintenance, and replacement of electric, gas, television, cable, and telecommunications facilities (Dry Utilities). Utility easements shall also be granted within any access easements and private streets in the subdivision. Permanent structures, improvements, objects, buildings, wells, water meters and other objects that may Page 27 TERRA FORMA SOLUTIONS interfere with the utility facilities or use thereof (Interfering Objects) shall not be permitted within said utility easements and the utility providers, as grantees, may remove any Interfering Objects at no cost to such grantees, including, without limitation, vegetation. Public Service Company of Colorado (PSCo) and its successors reserve the right to require additional easements and to require the property owner to grant PSCo an easement on its standard form. Public Service Company also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. The property owner/developer/contractor must complete the application process for any new electric service via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. If additional easements need to be acquired by separate PSCo document (i.e. transformer), a Right -of - Way Agent will need to be contacted by the Designer. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities, and that our current use/enjoyment of the area would continue to be an accepted use on the property and that it be "grandfathered" into these changes. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Response: See typical detail for easements. Page 28 TERRA FORMA SOLUTIONS February 20, 2025 Max Nader Weld County Planning Manager RE: 1st Submittal Comment Responses for PUDF24-0001 Dear Mr. Nader, We have reviewed the Weld County Planning and Public Works Department along with referral agency comments for the above referenced project. Below you will find our responses to the comments and the following is the updated digital link for the documents: https://www.dropbox.com/scl/fo/5p03evrxpuak3g8vxxi l s/APSU IWwDFrdB6z1 dVPLGeil?rlkey=id66tx 1t2bhj4myvhh1 e4b533&dl=0 General Updates and Comments: • An additional tract on the eastern area was added, this provides a permanent open space adjacent to existing residents. • An access has been added to WCR 39 that will help alleviate construction traffic and neighbors concerns regarding traffic use in the existing roadways and provide additional circulation for the overall PLR Development. • The applications, legal description and title have been updated for the added area. • Final Plat/PUD have been updated for the additional tract and added WCR 39 access. • The "Onsite" Construction Documents have been updated for the additional noted changes. • An additional "Public" Construction Documents for WCR 32 and 39 have been added. • The traffic report has been updated for the new access connection to WCR 39. • An updated Can Serve Letter from Central Weld County Water District. • Supplemental information: o During our conversations with Engineering an inquiry regarding future driveways was asked, a general exhibit has been provided for further discussion. o Overall grading exhibit was discussed, an exhibit has been provided. • We provided an update to the neighborhood at the Authority/Metro District meetings, June 12, 2024 and provided the above changes to those in attendance both virtually and in person. • The checklist shows those documents that have been Revised/Resubmitted(R), Not Changed/Not Resubmitted(NC). If you need any additional materials or have any questions with regards to the provided information, pleasecontactmeat303-257-7653ortodd@terraformas.com with anyquestions orcomments. Todd A. Johnson, RE, President For and on behalf of: Terra Forma Solutions, Inc. - TERRA FORMA SOLUTIONS Comment Responses Atmos Energy 1. Atmos will need to build significant system improvements in order to serve the Subject Property. The natural gas system that currently serves Beebe Draw Farms is nearing or at capacity. Please have the developer/applicant contact Atmos Energy Corporation's Bethany Nitzel (cc'd) as soon as possible to initiate discussions for natural gas service. Response: We are in communication and will continue our coordination. Beebe Draw Farms Authority The Beebe Draw Farms Authority, in response to your request for comments, has reviewed the landowners' request for a final plat and site plan for Filing No. 2 Beebe Draw Farms. In our review we identified the following concerns: 1. Major construction equipment must not use existing roadways in Filing No. 1 during the infrastructure and home building in Filing No. 2. Alternative access must be provided to keep heavy construction vehicles off of our private roads. Response: The applicant has revised the application and documents to add a new WCR 39 access with the first phase that will direct construction traffic and overall a majority of Filing No. 2 to this connection point. 2. Landscaping is shown in the plans to be "hand watered". Landscaping appurtenant to the south entrance to WCR 32 is obviously intended to be owned and maintained by the Authority. These plantings must be irrigated. And there needs to be clarification on who will own and maintain the clusters of "3 PN's" scatered throughout the plan. If the PN's are to be Authority responsibility, they must be irrigated. If the future homeowners are to maintain them, a reliable plan must be established to get those trees established and then maintained especially considering that the lots and houses are intended to be served with "1/2 taps". Response: Landscaping requirements to establish and maintain will be adhered to for the project The Beebe Draw Farms Authority appreciates the opportunity to comment on this planned development and strongly encourages Weld County to consider and require our comments to be incorporated into the approved development. Colorado Geological Survey The Colorado Geological Survey has reviewed the Pelican Lake Ranch / Beebe Draw Farms Filing 2 PUD Final Plan and Site -Specific Development Plan referral (PUDF24-0001). I understand the applicant proposes 284 residential lots with R-1 low density residential zone district uses on 847 acres located east of Platteville. CGS previously reviewed Soilogic's Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report - Pelican Lake Ranch Subdivision Weld County (Platteville), Colorado (Soilogic Project 44 20-1130, May 28, 2020). Page 2 TERRA FORMA SOLUTIONS CGS agrees with Soilogic's 5/28/2020 interpretation that the site does not contain economically recoverable aggregate or metallic mineral resources and that no known or suspected geologic hazards are present that would preclude the proposed residential development. However: Oil/Gas and Setbacks. Pelican Lake Ranch Filing No. 2 plat note 14 states, "ALL DWELLING UNITS... SHALL BE LOCATED A MINIMUM OF 300 -FEET FROM OIL AND GAS WELLS AND PRODUCTION FACILITIES." CGS recognizes that most or all of the wells within the subject site have been or will be plugged and abandoned. However, under current conditions, the 300 ft. O&G setback significantly encroaches onto several proposed lots including, but not necessarily limited to: 92, 153, 179, 219, 220. 228, 229, 283. Geology and soil engineering properties. Available geologic maps (Brandt, T.R. et al., 2003, USGS OF -2003- 24) indicate the site overburden materials consist of windblown clay, silt, and sand underlain by the Laramie Formation. The windblown material may be subject to consolidation when loaded or wetted and can be erodible and subject to soil blowing and water erosion. The Laramie Formation includes expansive claystone bedrock. • Lot- or site -specific geotechnical studies will be necessary to characterize soil engineering properties such as expansion/consolidation (collapse) potential, strength, water content, and allowable bearing pressures. This information will be needed to determine if removing and replacing loose or expansive soils/bedrock is necessary and to design individual foundations, floor systems, and subsurface drainage. Response: Noted. • Erosion control measures must be implemented during the design and construction of this development Response: Noted. Groundwater. CGS agrees with Soilogic (page 4) that "Groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched and/or trapped groundwater conditions may also be encountered at times throughout the year." Also, on page 2, "While site groundwater levels are not anticipated to significantly impact proposed construction, care will be needed to establish finish floor slab levels above seasonal high groundwater." • If basements are being considered within the proposed development, depths to bedrock (to determine if a perched water condition is possible) and groundwater should be obtained early in the design process to determine the feasibility of basements and, if necessary, to design subsurface drainage systems. Response: Noted. Corrosive soils. According to NRCS soil survey data, some of the site soils are highly corrosive to uncoated steel and have a moderate potential for sulfate attack on concrete Disturbance tends to increase corrosivity. • Epoxy -coated, fiberglass/composite, concrete, or otherwise corrosion -resistant or corrosion -proof basement window wells are recommended on lots where basements are planned and groundwater levels are sufficiently deep to allow basement construction. Response: Noted. • The need for sulfate attack -resistant (Type II or Type V) cement in project concrete should be evaluated. Response: Noted. Page 3 agar TERRA FORMA SOLUTIONS Colorado Parks and Wildlife See also comment responses from ERC Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed Pelican Lake Ranch Project. It is our understanding that this is a referral request for comments on the Pelican Lake Ranch Final Planned Unit Development(PUD)/Plat application for Filing No. 2, consisting of 284 lots with an overall density of two and one-half (2 1/2) acres per lot, and is the next phase of expansion of the approved Beebe Draw Farms and Equestrian Center PUD. The project is generally located ten miles south of Greeley, seven miles east of Platteville, and five miles south of La Salle, adjacent to Milton Reservoir in unincorporated Weld County. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. The protection of High Priority Habitats (HPH), big game winter ranges, and raptor nesting locations are of extreme importance to CPW. CPW recommends that all proposed projects be assessed to avoid, minimize, or mitigate impacts to sensitive wildlife habitats and species. That includes species of concern, big game winter concentration areas, breeding and nesting habitats for sensitive ground -nesting birds, and nests of raptors sensitive to development to prevent the loss of habitat or fragmentation of habitat. Our goal in responding to land use proposals such as these is to provide complete, consistent, and timely information to all entities who request comments on matters within our statutory authority. CPW staff are familiar with the area and reviewed the proposed project. After reviewing the changes from the first filing for this development and the referral letter CPW provided on February 2, 2023, we found concern with the proposed development in Parcel 3 (Number:121309000026- R4940286) in section 9 (orange phase) in that there is no wildlife impact statement included in the narrative provided. Terra Forma Solutions makes little reference to, nor includes any details in the Environmental Impacts statement specific to potentially significant impacts to wildlife species and habitat, including wetland and riparian areas and mature cottonwood forests associated with Milton Reservoir and the surrounding landscape. These projected filings/Phases are in close proximity to current and historic bald eagle nests, colonial waterbird nesting areas (including double -crested cormorant, great blue heron, black- crowned night heron, great egret, and snowy egret), and the American white pelican nesting colony site along the northwest and western shorelines of Milton Reservoir. CPW has been monitoring these nesting bird species along these areas of Milton Reservoir since 1978. Note: The Bald eagle is designated as avian Priority Tier 2 Species of Greatest Conservation Need within CPW's 2015 Colorado State Wildlife Action Plan. This designation denotes that these species are in need Page 4 TERRA FORMA SOLUTIONS of conservation attention in Colorado and are provided a relative degree of conservation management priority. Mule deer severe winter range High Priority Habitat, Bald eagle roosts, and a nest occur within section 9. The proposed orange phase's eastern edge falls within Mule deer severe winter range and the Bald Eagle Roost % mile buffer and occurs within a % mile of the % mile buffer for the active Bald Eagle Nest. Please refer to Exhibits A and B below. Bald Eagle Active Nest Site An active Bald eagle nest site is a specific location in which a pair of bald eagles has at least attempted to n est within the last five years. Any nest location that can be directly tied to courtship, breeding, or brooding behavior is considered active. CPW has two recommendations to protect these sites: a) restricted surface occupancy (RSO) within 0.25 mile of any active bald eagle nest site, and b) no human e ncroachment or permitted/authorized human activities within 0.5 mile any active bald eagle nest site from December 1 to July 31 of each year. Bald Eagle Roost Site Bald eagle roost sites are defined as groups of (or individual) trees that provide diurnal and/or nocturnal perches for wintering bald eagles. These trees are usually the tallest available in the wintering area and are primarily located in riparian habitats. CPW has two recommendations to protect these sites: a) no surface occupancy within 0.25 mile of any active bald eagle winter night roost, and b) no human e ncroachment or disturbance within 0.5 mile any active bald eagle winter roost site from November 15 to March 15 of each year. Bald Eagle Winter Concentration Area Bald eagle winter concentration areas are defined as existing winter range where eagles concentrate between November 15 and March 15. Bald eagle winter movements are highly variable as they are influenced by changes in weather and prey availability. Therefore, bald eagle distribution and abundance may change quickly during the winter and between winters. If construction activities or maintenance activities must occur between November 15 and March 15 CPW recommends daily bald eagle night roost surveys and monitoring to avoid disturbing bald eagles during construction. Surface Occupancy Any physical object that isintended to remain on the landscape permanently or a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads, tracks, etc. Human Encroachment Any activity that brings humans in the area. Examples include new construction activities, driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. Note: The United States Fish and Wildlife Service (USFWS) may have concerns that the proposed project and any new construction may result in the take (nest abandonment, loss of eggs, chicks) of a bald eagle or their offspring. Bald eagle nests are protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Consultation with the USFWS is highly recommended. Mule Deer Severe Winter Range Habitat That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. No permitted or authorized human activities are recommended from December 1 to April Page 5 TERRA FORMA SOLUTIONS Exhibit A — Map of relevant bald eagle habitat. Red - Active nests, Yellow - Roost sites CPW recommends daily bald eagle night roost surveys and monitoring to avoid disturbing bald eagles during construction. Exhibit B — Map of relevant mule deer severe winter range and overall winter range We appreciate being given the opportunity to comment. CPW requests from the Weld County Planning Department for us to continue to be involved with this rezoning application and development project as Page 6 agar TERRA FORMA SOLUTIONS it moves through the County permitting and planning process. CPW appreciates the collaboration with the Weld County Planning Department as we jointly strive for responsible land use development while protecting sensitive species and their habitats. If the timing or scope of this project changes, if sensitive wildlife species are encountered, or if you have any questions, please contact District Wildlife Manager Mike Grooms at 970.692.4028 or via email at michael.grooms@state.co.us. Response: See ERC comment responses under separate cover. Central Weld County Water District The amount of water dedicated to the project remains as stated in our Can Serve letter dated 9/25/23. There are 96 shares of CBT available to the project, which equates to 192 budget taps. The District will require an additional transfer of CBT to complete the project once the dedicated shares are used. Response: Noted and a new Can Serve Letter has been provided. Additionally, we will continue to work with the District on new waterline modeling, design and ultimate construction for systems servicing the project. Water taps will continue to be monitored, and additional shares will be purchased when necessary. Weld County Department of Public Health and Environment The Weld County Environmental Health Services Division has reviewed this proposal for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. The application indicates the minimum lot size will be 1 acre and the overall gross lot size will be 2.5 acres. A letter of commitment was received from Central Weld Water District which expires September 25, 2024. The District states 192 budget taps are available and "no additional water taps will be available without additional water rights being transferred to the District." The application indicates the PUD will be developed on a phased basis subject to the terms of Central Weld Water District. A Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report completed by Soilogic and dated May 28, 2020, was included with the COZ and the Final Plat application. The report concluded: "Based on results of our completed site and soil evaluation, we expect conventional OWTS construction will be possible for most if not all of the proposed lots on the subject site. Typical gravity -fed chamber systems in a bed or trench configuration could be considered. In areas where gravity drainage to the Soil Treatment Area (STA) is not possible, pump dosing could be considered. Site specific evaluations will be required to better evaluate the Long -Term Acceptance Rate (LTAR) of the near surface soils and depth to bedrock and groundwater in proposed STA's." Environmental Health Services recommends the following notes for the Final plat: • Water service may be obtained from Central Weld County Water District. Response: Understood. • The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of Page 7 agar TERRA FORMA SOLUTIONS the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Response: Understood. • Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Response: Understood. • During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. Response: Understood. • If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. Response: Understood. Weld County Development Review The PUD proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning Services. Staff comments made during this phase of the application process may not be all-inclusive as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24- 0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. This project is north of and adjacent to CR 32 and is east of and adjacent to CR 39. Parcel numbers: 121309000026, 121308000014, and 121317100016 Access is from CR 32 and CR 39. ACCESS Weld County Development Review has reviewed the application materials related to access and has determined that the Second Filing of Beebe Draw Farms will access from County Roads 32 and 39. The access onto County Road 39 will be via an existing, permitted access (AP19-00053) located at the intersection of CR 39 and Beebe Draw Farms Parkway. The access onto County Road 32 will be a proposed access located approximately 1,090 feet east of County Road 39. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan Page 8 TERRA FORMA SOLUTIONS to ensure the approved accesses are compatible with your layout. Minimum access spacing requirements are shown in Weld County Code, Sec. 8-14-30, Table 1 (Table 1 can be found in the "Construction Plans" section of this document). Response: We have since met with Engineering to discuss. Please refer to Chapter 8, Article 14, of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 32 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of -way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right -of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Response: ROW is shown on the Plat and Construction Documents. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of -way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right -of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Response: ROW is shown on the Plat and Construction Documents. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of - way or easement. Right -of -Way Use Permit instructions and application can be found at: Response: Understood. https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. Response: Understood. TRAFFIC The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich Associates, dated November 2023. The study assessed the impacts the 2nd Filing of Beebe Draw Farms will have on the surrounding road system and concluded that the development is feasible from a traffic engineering standpoint. At full development, the study found that the 2nd Filing will generate 2,636 daily trip ends, Page 9 TERRA FORMA SOLUTIONS 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends. Response: An updated report has been provided for review and addresses the traffic comments below. The report includes the following daily traffic count data taken in October 2023, over a 72 -hour period: • County Road 32 east of County Road 39 - AADT 1,016 • County Road 39 north of County Road 32 - AADT 2,042 • County Road 35 north of County Road 32 - AADT 295 • County Road 35 south of County Road 32 - AADT 114 • County Road 32 west of County Road 35 - AADT 1,784 • County Road 32 east of US 85 - AADT 2,885 • US 85 north of County Road 32 - AADT 26,662 • US 85 south of County Road 32 - AADT 26,373 The study also found that the development will necessitate the construction of the following auxiliary turn lanes beginning in 2032 (Mid -range forecast): • Eastbound Left Turn Lane — County Road 32/Site Access Intersection • Westbound Right Turn Acceleration Lane — County Road 32/Site Access Intersection • Northbound Right Turn Acceleration Lane — County Road 39/Beebe Draw Farms Parkway Intersection The updated TIS is currently under review by Development Review. IMPROVEMENTS AGREEMENT FOR ON -SITE AND OFF -SITE IMPROVEMENTS Development Review is requiring an Improvements Agreement for on -site and phased off -site improvements, per Chapter 8, Article 2, of the Weld County Code. Collateral is required to ensure the improvements are completed and maintained throughout a 2 -year warranty period. Prior to recording the Final Plan, the applicant shall provide a complete, readable set of construction drawings. Once the construction drawings are accepted, an updated Construction Schedule and updated copies of Exhibit A-2 AND B-2 are required, outlining the costs of on -site improvements. An example agreement is available at: www.weld.gov/files/sharedassets/public/v/1/departments/public-works/documents/usr-spr- permits- improvements-agreement-template.pdf Response: An agreement has been provided and will be updated as we further progress the documents. Auxiliary Turn Lanes/Speed Change Lanes required by the TIS shall be designed and installed in accordance with the criteria defined Appendix 8-Q (Weld County Engineering and Construction Criteria) of the Weld County Code, and Sections Three and Four of the State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, March 2002, manual and the most recent edition of A Policy on Geometric Design of Highways and Streets (Green Book) published by the American Association of State Highway and Transportation Officials (AASHTO). The structural capacity of the road Page 10 TERRA FORMA SOLUTIONS structure shall be designed in accordance with Appendix 8-Q, of the Weld County Code, and the Guide for Design of Pavement Structures, published by AASHTO. Phased Off -site Road Improvements • The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. The applicant is responsible for all right-of-way acquisition and construction costs for off -site County roadway upgrades needed to support the development. Response: WCR 32 and 39 Preliminary Plans have been created and included as part of this resubmittal. TRACKING CONTROL POLICY Temporary Tracking Control shall be used during construction. Recycled concrete is not allowed in County right-of-way. The applicant shall provide a tracking control detail with the construction drawings for Development Review to review and accept. Response: Noted. DRAINAGE REQUIREMENTS The applicant has submitted a preliminary drainage report which is currently under review. This project site is within a Non -Urbanizing Drainage Area, which typically requires detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site. Per Weld County Code, Section 8-11-40.C., stormwater retention facilities are normally not allowed in Weld County but will be considered for special circumstances through the variance process as defined in Chapter 12, of Appendix 8-Q, of the Weld County Code. A final drainage report and detention pond design(s) completed by a Colorado Licensed Professional Engineer is required prior to recording the PUD Final Plat. The drainage report must include a Page 11 TERRA FORMA SOLUTIONS certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Weld County Development Review website at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review NOTE: The drainage design for the second amendment is required to capture and detain storm water runoff (which could adversely impact parcel #121309000026) from Essex Road (east of and adjacent to Beebe Draw Farms, Filing 1, Phase 5) and the Equestrian Center. This requirement was agreed to in writing by the Manager of RE1, LLC, Christine Hethcock, in a letter sent to Trace Anderson, of Weld County Public Works, dated August 13, 2020. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. Response: An updated drainage report has been provided along with the variance request for the retention ponds. CONSTRUCTION PLANS The applicant has submitted a preliminary set of construction plans. A cursory review of the plans indicates that additional information will be required for final acceptance. The final plan set shall include at a minimum: • Cover Sheet • Roadway Plan and Profile Sheets • M&S Standards Sheet • Utility Plans Sheet(s) • Final Plat • Intersection Details • General Notes • Roadway Cross Sections • Summary of Approximate Quantities and • Signage and Striping Plan Earthwork Quantities Sheet(s) • Grading Plan • Typical Roadway Cross Sections • Drainage Plan • Existing Conditions Exhibit • Phasing Plan Sheet(s) • Overall Grading Exhibit • Sediment and Erosion Control Plan • Overall Utility Exhibit • Storm Drain Plan and Profile Sheets • Demolition and Removal Plan • Construction Traffic Control Plan Sheet(s) • Survey Control Sheet(s) • Stormwater Management Plan • Horizontal Control Plan Detail Sheets • Right -of -Way and Easements Exhibit The construction plans will be reviewed to ensure the applicant has met the design requirements and street sections as defined in Chapters 8 and 24, of the Weld County Code, and that all internal roadways intersecting County roadways have met the access/intersection spacing requirements defined in Table 1 of Weld County Code, Appendix 8Q, shown below. Page 12 TERRA FORMA SOLUTIONS Table 1 - Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Any proposed internal roadway not meeting spacing requirements will require a variance. The applicant will need to address oil and gas accesses to the drill sites and designate which internal roadways will need to be constructed to accommodate oversize/overweight oil and gas vehicles. Per Table 4-1, of the Weld County Engineering and Construction Criteria manual, the applicant must accommodate a turning radius for a WB-67 design vehicle when designing these access points. Response: Updated Preliminary "Onsite" Construction Documents(along with "Public"WCR32&39) have been provided. UTILITY PLAN A utility plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development is required. The plan shall contain drainage and utility easements as defined in Section 24-3-60 of the Weld County Code. Response: Updated Utility Plan has been provided; it is also contained in the Onsite Construction Documents. CONSTRUCTION SCHEDULE When the final construction schedule is available, the applicant shall submit an updated construction schedule that includes estimated starting and finishing dates along with estimated dates of various construction stages. Response: Noted. GRADING PERMIT A Weld County Grading Permit will be required for disturbing more than 1 acre of land. Grading Permit applications are accepted after the planning process is complete (plat recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. Early release requires conditional approval. Response: Noted. Page 13 TERRA FORMA SOLUTIONS COLORADO STORMWATER PERMIT A Construction Stormwater Permit is required with the State for disturbing more than one (1) acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Permit Support Staff at 303-692-3517. Response: Noted. CONDITIONS OF APPROVAL A. An Improvements Agreement is required for on -site and off -site improvements associated with this project. On -site and off -site improvements associated with the development will be identified and detailed in the agreement. Requirements for off -site road improvements are detailed below: Response: Noted. 1. The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 2. The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) 3. The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. (Development Review) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) Response: Understand, this will be provided with final plans. C. An updated Traffic Impact Study with Vehicle Classification traffic counts (Lightweight, Single Unit or Combo Unit Vehicles), as specified in Section 9.4.2 of Appendix 8-Q of the Weld County Code, is required for the off -site roads analyzed in the TIS. (Development Review) Response: Noted. D. A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development, and all drainage and utility easements defined in Section 24-3-60, of the Weld County Code, is required. (Development Review) Response: Included with Construction Documents. E. The applicant shall submit a recorded copy of any agreement/easement signed by all owners whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring maintenance. Such an agreement/easement shall be referenced on the Final Plat by the Weld County Clerk and Recorder's Reception number. (Development Review) Response: Noted. F. The plat shall be amended as follows: 1. County Road 32 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall Page 14 TERRA FORMA SOLUTIONS delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. (Development Review) Response: See updated Plat. 2. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future rights -of -way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Development Review) Response: See updated Plat. 3. Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld County Code. (Development Review) Response: Shown on Plat and in details. 4. Show and label any agreement/easement as specified in "Condition of Approval E" above. (Development Review) Response: To be provided when complete. 5. Show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, and/or Commercial/Industrial). Development will review access locations as a part of the plat submittal review process. (Development Review) Response: Noted. 6. Show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) Response: Noted. Prior to Construction: A. Because more than one (1) acre of land will be disturbed with this development, a Weld County Grading Permit is required. (Development Review) Response: Noted. B. The applicant shall notify Development Review of the anticipated start date and schedule a stormwater inspection. If construction has commenced without contacting Development Review, the site will be in violation, a stop work order will be issued, and further enforcement actions may be pursued. (Development Review) Response: Noted. During Construction: Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs) for proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways, and nearby waterways from the potentially adverse effects of stormwater runoff. Inspections shall occur at a frequency determined by the site's compliance, with higher inspection frequencies for non-compliance. (Development Review) Response: Noted. Prior to Issuing Building Permits: Response: Noted. A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped by a Professional Engineer registered in the State of Colorado. After the submittal, Weld Page 15 agar TERRA FORMA SOLUTIONS County shall be allowed to enter the premises to inspect the permanent control measures to confirm proper installation, as detailed in the drawing. (Development Review) B. The applicant shall submit a certification from a professional engineer, licensed in the State of Colorado, that the drainage/detention measures have been constructed in accordance with the accepted drainage report. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE FINAL PLAT) Response: See updated Plat. 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 5. Weld County is not responsible for the maintenance of on -site drainage related features. (Development Review) 6. Weld County is not responsible for the maintenance on onsite drainage subdivision roads. (Development Review) Farmers Reservoir and Irrigation Company I wish to submit the following information regarding the above referenced project. X The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. X Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. X Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. X Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. X FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. X Canal road may not be used for access without approval and executed agreement. X FRICO will require a license agreement X FRICO will require an access permit Page 16 e TERRA FORMA SOLUTIONS X FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant _has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Response: The comments relate to the rezoning that is no longer an application, this application is for just Filing No. 2 and the new plat is not near the reservoir. Colorado Land Conservancy District • We have reviewed the request and find no conflicts with our interests. Response: Thanks. Weld County Oil and Gas Energy Department The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel(s) include eight (8) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-34282 CRESTONE OPERATING PEAK LLC RESOURCES 6-2-8 ARISTOCRAT ANGUS PR 05-123-35044 KERR MCGEE OIL & GAS ONSHORE LP 09-30D REI H SI 05-123-15639 KERR MCGEE OIL & GAS ONSHORE LP 9-6J UPRC SI 05-123-34281 CRESTONE OPERATING PEAK LLC RESOURCES 6-0-8 ARISTOCRAT ANGUS PR 05-123-15937 KERR MCGEE OIL & GAS ONSHORE LP 9-6J-2 UPRC SI 05-123-32819 KERR MCGEE OIL & GAS ONSHORE LP 27-17 REI SI 05-123-14204 KERR MCGEE OIL & GAS ONSHORE LP 41-17 BEEBE DRAW UPRR SI 05-123-35343 KERR MCGEE OIL & GAS ONSHORE LP 17-28D REI H PR Page 17 e TERRA FORMA SOLUTIONS 3. The parcel(s) include 68 plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-09682 KERR MCGEE OIL & GAS ONSHORE LP 1 ARISTOCRAT 41-9 PA 05-123-17262 KERR MCGEE OIL & GAS ONSHORE LP 10-9 HSR-PALLETTE PA Page 18 e TERRA FORMA SOLUTIONS 05-123-33496 KERR MCGEE OIL & GAS ONSHORE LP 41-9 REI PA 05-123-33490 KERR MCGEE OIL & GAS ONSHORE LP 39-9 REI PA 05-123-14736 KERR MCGEE OIL & GAS ONSHORE LP 32-9 BEEBE DRAW UPRR PA 05-123-09636 KERR MCGEE OIL & GAS ONSHORE LP 3 UPRR 39 AMOCO D PA 05-123-28045 KERR MCGEE OIL & GAS ONSHORE LP 9-33D REI H PA 05-123-17263 KERR MCGEE OIL & GAS ONSHORE LP 16-9A HSR-RICHARDS PA 05-123-15641 KERR MCGEE OIL & GAS ONSHORE LP 9-13J UPRC PA 05-123-35040 KERR MCGEE OIL & GAS ONSHORE LP 09-24D REI H PA 05-123-22950 KERR MCGEE OIL & GAS ONSHORE LP 24-9 REI PA 05-123-12812 KERR MCGEE OIL & GAS ONSHORE LP 31-9 BEEBE DRAW UPRR PA 05-123-23318 KERR MCGEE OIL & GAS ONSHORE LP 1-9 REI PA 05-123-09635 KERR MCGEE OIL & GAS ONSHORE LP 2 UPRR 39 AMOCO D PA 05-123-16123 KERR MCGEE OIL & GAS ONSHORE LP 41-9 BEEBE DRAW PA 05-123-33495 KERR MCGEE OIL & GAS ONSHORE LP 25-9 REI PA 05-123-22102 CRESTONE OPERATING PEAK LLC RESOURCES 41-8A ARISTOCRAT ANGUS PA 05-123-29814 KERR MCGEE OIL & GAS ONSHORE LP 9-32D REI H PA 05-123-28170 KERR MCGEE OIL & GAS ONSHORE LP 09-20D REI H PA 05-123-30350 KERR MCGEE OIL & GAS ONSHORE LP 09-25D UPRC H PA 05-123-17350 KERR MCGEE OIL & GAS ONSHORE LP 9-9 HSR-MORTON PA 05-123-15640 KERR MCGEE OIL & GAS ONSHORE LP 9-11J UPRC PA 05-123-18461 KERR MCGEE OIL & GAS ONSHORE LP 9-14J5 UPRC PA 05-123-13323 KERR MCGEE OIL & GAS ONSHORE LP 42-9 #4 BEEBE DRAW UPPR PA 05-123-09725 KERR MCGEE OIL & GAS ONSHORE LP 2 ARISTOCRAT 32-9 PA 05-123-24106 KERR MCGEE OIL & GAS ONSHORE LP 20-9 REI PA 05-123-15637 KERR MCGEE OIL & GAS ONSHORE LP 9-4J UPRC PA 05-123-33497 KERR MCGEE OIL & GAS ONSHORE LP 21-9 REI PA 05-123-17351 KERR MCGEE OIL & GAS ONSHORE LP 15-9A HSR-PERRY PA 05-123-15636 KERR MCGEE OIL & GAS ONSHORE LP 9-3J UPRC PA 05-123-18460 KERR MCGEE OIL & GAS ONSHORE LP 9-12J5 UPRC PA 05-123-35042 KERR MCGEE OIL & GAS ONSHORE LP 09-31D REI H PA 05-123-08284 KERR MCGEE OIL & GAS ONSHORE LP 1 ARISTOCRAT ANGUS PA 05-123-31584 KERR MCGEE OIL & GAS ONSHORE LP 17-29D REI H PA 05-123-15036 KERR MCGEE OIL & GAS ONSHORE LP 17-14J UPRC PA 05-123-14560 KERR MCGEE OIL & GAS ONSHORE LP 2 UPRR 22 PAN AM UT/S PA 05-123-32071 KERR MCGEE OIL & GAS ONSHORE LP H08 -13D REI PA 05-123-17856 KERR MCGEE OIL & GAS ONSHORE LP 17-5J5 UPRC PA 05-123-32367 KERR MCGEE OIL & GAS ONSHORE LP 08-15D REI H PA 05-123-15037 KERR MCGEE OIL & GAS ONSHORE LP 17-15J UPRC PA Page 19 e TERRA FORMA SOLUTIONS 05-123-17056 KERR MCGEE OIL & GAS ONSHORE LP 8-12 BB DRAW H PA 05-123-15038 KERR MCGEE OIL & GAS ONSHORE LP 17-16J UPRC PA 05-123-24318 KERR MCGEE OIL & GAS ONSHORE LP 17-24 UPRC H PA 05-123-20502 KERR MCGEE OIL & GAS ONSHORE LP 3-17A HSR-REI PA 05-123-25176 KERR MCGEE OIL & GAS ONSHORE LP 17-19 UPRC H PA 05-123-15061 KERR MCGEE OIL & GAS ONSHORE LP 17-3J UPRC PA 05-123-15034 KERR MCGEE OIL & GAS ONSHORE LP 17-10J UPRC PA 05-123-35346 KERR MCGEE OIL & GAS ONSHORE LP 17-30D REI H PA 05-123-15033 KERR MCGEE OIL & GAS ONSHORE LP 17-9J UPRC PA 05-123-14203 KERR MCGEE OIL & GAS ONSHORE LP 32-17 BEEBE DRAW UPRR PA 05-123-13008 KERR MCGEE OIL & GAS ONSHORE LP 31-17 BEEBE DRAW-UPRR PA 05-123-15035 KERR MCGEE OIL & GAS ONSHORE LP 17-11J UPRC PA 05-123-24319 KERR MCGEE OIL & GAS ONSHORE LP 17-25 UPRC H PA 05-123-24228 KERR MCGEE OIL & GAS ONSHORE LP 17-23 UPRC H PA 05-123-18462 KERR MCGEE OIL & GAS ONSHORE LP 17-13J5 UPRC PA 05-123-14205 KERR MCGEE OIL & GAS ONSHORE LP 42-17 BEEBE DRAW UPRR PA 05-123-15046 KERR MCGEE OIL & GAS ONSHORE LP 17-4J UPRC PA 05-123-32824 KERR MCGEE OIL & GAS ONSHORE LP 24-17 REI PA 05-123-31615 KERR MCGEE OIL & GAS ONSHORE LP 17-32D REI H PA 05-123-19956 KERR MCGEE OIL & GAS ONSHORE LP 8-14JI BB DRAW H PA 05-123-35347 KERR MCGEE OIL & GAS ONSHORE LP 17-21D REI H PA 05-123-17040 NOBLE ENERGY PRODUCTION INC 8-14 BB DRAW H PA 05-123-28023 KERR MCGEE OIL & GAS ONSHORE LP 17-31D REI H PA 05-123-14403 KERR MCGEE OIL & GAS ONSHORE LP 1 UPRR 22 PAN AM UT/S PA 05-123-18004 KERR MCGEE OIL & GAS ONSHORE LP 17-6J5 UPRC PA 05-123-18463 KERR MCGEE OIL & GAS ONSHORE LP 17-12J5 UPRC PA 05-123-32825 KERR MCGEE OIL & GAS ONSHORE LP 21-17 REI PA 05-123-24317 KERR MCGEE OIL & GAS ONSHORE LP 17-20 UPRC H PA 4. The PUDF lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Response: Noted, we will continue to coordinate the project as it continues through the process. Page 20 agar TERRA FORMA SOLUTIONS Division of Water Resources We have reviewed the information received on January 10, 2024 related to a planned unit development final plan ("PUDF") for 284 residential lots with R-1 Residential Zone District. The PUD for Pelican Lake Ranch was approved for 1,200 residential lot. The first filing of 186 lots is 100 percent complete. Water Supply Demand Estimated water requirements were not provided. Details of necessary information to be included in the subdivision water supply plan can be found on Attachment A of the 2005 Memorandum Regarding Subdivisions, available online at: https://dnrweblink,state.co.us/dwr/ElectronicFile.aspx?docid=3565889&dbid=0 Source of Water Supply The proposed water source is the Central Weld County Water (District). A letter for water service from the District dated September 25, 2023 ("Letter") was provided in the referral material. The Letter noted that the District has the ability to serve Pelican Lake Ranch, provided the developer is responsible for the line installation costs that will be determined in a separate study. Water service for new taps can be made available provided all requirements of the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are satisfied. We do not know if the applicant has met these other requirements. The Letter notes that as of September 25, 2023 there are 96 dedicated shares of CBT water remaining for Pelican Lake Ranch and 12 vacant lots in the current development (Pelican Lake Ranch Filing 1). The 96 shares equates to 192 budget taps to be purchased at a first come first serve basis for the 12 remaining lots of Filing 1 and the lots of Filing 2. The Letter indicates that once the 96 shares of CBT water are assigned, no additional water will be available without additional water rights being transferred to the District. The District provided updated information about their water supplies in a letter dated July 29, 2021. The District primarily relies on Colorado -Big Thompson (C -BT) water to supply retail water to customers. Currently the District has 2,297 acre-feet of C -BT water left for additional projects. The yield of C -BT units varies from year to year based on conditions and storage. In addition, the District continues to develop additional water supplies, including participating in the Northern Integrated Supply Project (NISP). The District's current share of the NISP is 3,500 acre feet. Water demands for the District's retail consumers have been around 5,276 acre-feet for 2019-2020. This office found records of two exempt wells operating under permit nos. 6844-A and 83708-A, which appears to be permitted for locations within the area proposed to be developed (specifically on parcel ID Nos. 12131700016 and 121309000026). Section 37-92-602(3)(b)(III), C.R.S. requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, if well permit no. 83708-A, completed into the not nontributary Laramie -Fox Hills aquifer, will be used within the subdivision, the proposed uses must be specified and the applicant must demonstrate that a court approved augmentation plan has been obtained for the well, otherwise the well must be plugged and abandoned prior to the subdivision approval, since the provisions of Section 37-92-602, C.R.S., which allowed for issuance of the well permit, will no longer apply. Page 21 TERRA FORMA SOLUTIONS In addition, our records show that well no. 6844-A is withdrawing water from the nontributary Laramie -Fox Hills aquifer. Unless the water underlying the proposed development is decreed in water court, a new well permit must be obtained for well no. 6844-A pursuant to C.R.S. 37-92- 602(3)(b)(I) and the policy of the State Engineer. Under those provisions only the quantity of water underlying the individual lot where the well is located could be considered available for withdrawal by the existing well. Our records show that numerous monitoring wells have been drilled in the area. The applicant should be aware that all wells abandoned during the development process must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules and Well Abandonment Reports must be completed and submitted to our office for each abandoned well. The application materials indicate that a stormwater detention structure will be constructed as a part of this project. The applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), C.R.S., the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado, attached, to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The Applicant is encouraged to use Colorado Storm water Detention and Infiltration Facility Notification Portal to meet the notification requirements, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif. State Engineer's Office Opinion Based on the above and pursuant to Section 30-28-136(1)(h)(I), C.R.S. and Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the PUDF water supply plan the following information is required: 1. The applicant must specify the estimated water requirements for the Pelican Lake Ranch Filing 2 development. Response: Water will be supplied through CWCWD, see Can Serve Letter. 2. The applicant must specify the additional water sources that will be provided in order for the District to supply water to all the proposed lots. Response: Water will be supplied through CWCWD, see Can Serve Letter. Additional water will be secured prior to the sale of any lots to a third party. 3. Applicant must clarify if well permit nos. 6844-A and 83708-A will be used within the subdivision or be plugged and abandoned. If the wells will be used in the proposed subdivision the Applicant must also demonstrate that a court approved augmentation plan has been obtained for well no. 83708-A and new well permits have been obtained for the wells. Response: The applicant is currently assessing the wells for uses and will provide more information to the Division. Page 22 TERRA FORMA SOLUTIONS Platte Valley Irrigation Company Our firm represents the Platte Valley Irrigation Company ("PVIC"), which owns and operates an irrigation ditch which diverts off of the South Platte River below Fort Lupton at the Platte Valley Canal and delivers water to its shareholders nearly to Lake Christina (see attached map). PVIC is interested in the Pelican Lake Ranch and in PUD Filing No. 2; however, it appears that Filing No. 2 will mostly occur at a distance from the Evans No. 2 Ditch as it runs to the south and west of Lake Christina. Response: Correct and Filing 2 is outside the limits of your area. In review of the documents from this docket, reference is made within Terra Forma's Narrative/Overview/Statement of Conformance (attached — see the bottom of page 4) that there are "buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation." The referenced- document is not included in the documents available for this docket — can you please request that the Applicant's team provide it? Also, within that same document (on page 10), the Applicant references "specific site impacts which include "Ditch Company Operations" but no narrative explanation of such impacts are presented in the following text — please point me to where these impacts are discussed or request that the Applicant do so. To be clear, the canal referenced could be the Platte Valley Canal which at this location is owned and operated by FRICO (and the lake could be Milton Reservoir, also owned and operated by FRICO), but as PVIC owns and operates the Evans No. 2 Ditch (roughly parallel and to the north and east of the Platte Valley Canal, which ditch is proximate to Lake Christina which is located within the project boundaries, PVIC would like to ensure that current and future proposed uses do not impact its property interests and its operations. Please let me know if a phone call would be useful to explore these requests T3M 1 , T2N 4 a 0 Reservoir No, 1 a • e r 0 4 1 r I 1• t r Weld County School District RE -1 The Weld County school district has no comments at this time. Response: Thanks. • r Fig.] rc - 2 I.'are \;,Iles Res F<tie earl S:rr-we i`rnj r- Pi81.t; lti 4k :e • \v.2QCCC '.3 ::'rcp 1 cl Applegate Group, kw. I inch etival. 31.IUD Feel u;,tila 1 ii...., I.J:u.16n ... I 11,•11=-.7.1: -1C14 ea lI11..11., I.. .. • 1. 11.I11......a- MISS "-I,v Page 23 agar TERRA FORMA SOLUTIONS Town of Platteville I'm submitting this referral to you on behalf of the Platteville Board of Trustees regarding concerns on the Site- Specific Development Plan & Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District Uses. This development, located approximately eight miles east of Platteville adjacent to CR39 and nonh of CR32, has the potential of generating increased traffic volumes on CR32 westbound to access US85 into the Town of Platteville that likely will cause increased traffic congestion. Even though the Colorado Department of Transportation owns and maintains the traffic signal and right-of-way at US85 the Town of Platteville owns and maintains CR32 from US85 east to CR29 and North & South Front Streets that are frontage roadways on the east side of US85 that will likely be used when the UPRR blocks the crossing to US85. The Traffic Impact Study that was completed in November 2023 by Delich Associates shows the potential of several thousand vehicle trips per day upon full development of this PUD that is the basis for this concern and referral letter. The Town of Platteville is requesting an opportunity to be more actively involved with the public hearing and plan review process for the Beebe Draw Farms development proposal as it moves forward to ensure that issues stemming from this development proposal that may impact the Town of Platteville are discussed and addressed. Response: Please see new submittal and the project will adhere to the County requirements. Weld County Sheriff's Office • We have reviewed the request and find no conflicts with our interests. Response: Thanks. Western Midstream This letter is being sent by WES DJ Gathering LLC ("WES") to inform you WES is the owner of valid easements and pipelines located in of Sections 4, 8, 9, 17, Township 3 North, Range 65 West for which the County of Weld ("County") is reviewing the PUDF24-0001 — Pelican Lake Ranch, Filing No. 2. WES is submitting this comment timely, in accordance with the County's procedural requirements. The following are comments in support of this Notice: 1. WES is the owner of a valid Right -of -Way Grant that was executed on September 25th, 1978 and recorded on March 19th, 1979 with the Weld County Clerk and Recorder at reception number 1784842. 2. WES is the owner of a valid Right -of -Way Grant that was executed on June 20th, 1979 and recorded on June 22nd, 1979 with the Weld County Clerk and Recorder at reception number 1794666. 3. WES is the owner of a valid Right -of -Way Grant that was executed on February 24th, 1989 and recorded on March 2nd, 1989 with the Weld County Clerk and Recorder at reception number 2172282. 4. WES is the owner of a valid Right -of -Way Grant that was executed on April 10th, 1990 and recorded on April 1st, 1992 with the Weld County Clerk and Recorder at reception number 2282824. 5. WES is the owner of a valid Right -of -Way Grant that was executed on July 20th, 2010 and recorded on August 16th, 2010 with the Weld County Clerk and Recorder at reception number 3711980. 6. WES is the owner of a valid Right -of -Way Grant that was executed on July 17th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864663. 7. WES is the owner of a valid Right -of -Way Grant that was executed on May 3rd, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864665. Page 24 agar TERRA FORMA SOLUTIONS 8. WES is the owner of a valid Notice Of Pipeline Location that was executed on May 8th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864671. The applicant MUST review the above grants and cannot encroach on WES's pipelines. The applicant will need to conform to all terms of the Right -of -Way Grants identified above and adhere to WES safety requirements: • Any utility crossing (phone, water, sewer, fiber optic cables, etc) require a minimum of 2' of vertical separation and should cross as close to 90° as possible. • Utilities paralleling a WES pipeline will need to maintain at least 10' of horizontal separation. • For any work taking place within 10 feet, WES lines must be verified by hydrovacing with a WES standby present for both location and depth of pipeline. • Grade cannot be reduced over the top of a WES Pipeline without prior written consent to ensure applicable federal pipeline safety regulations are not violated. • Should crossing be required with heavy equipment, the make/model/max loaded weight of construction vehicles must be provided to WES at least 1 month in advance of dirt work for review and written approval. • A standby will be required for any digging within 10' of a WES pipeline. • Colorado 811 Laws must be adhered to. Provided that the requirements above are met, WES does not object to the proposed PUDF24-0001 Pelican Lake Ranch, Filing No. 2. Additionally, WES reserves the right to stop work for any encroachment related to the proposed development if the above safety precautions are not met. Response: Noted. Xcel Energy Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a conflict with Pelican Lake Ranch. There does not appear to be any dry utility easements on this plat. To ensure that adequate utility easements are available within this development, PSCo requests that the following language or plat note be placed on the preliminary and final plats for the subdivision: Six-foot (6') wide dry utility easements are hereby dedicated on private property adjacent to the front lot lines of each lot in the subdivision or platted area. Ten foot (10') dry wide utility easements are hereby granted around the perimeter of tracts, parcels and/or open space areas. These easements are dedicated to Weld County for the benefit of the applicable utility providers for the installation, maintenance, and replacement of electric, gas, television, cable, and telecommunications facilities (Dry Utilities). Utility easements shall also be granted within any access easements and private streets in the subdivision. Permanent structures, improvements, objects, buildings, wells, water meters and other objects that may interfere with the utility facilities or use thereof (Interfering Objects) shall not be permitted within said utility easements and the utility providers, as grantees, may remove any Interfering Objects at no cost to such grantees, including, without limitation, vegetation. Public Service Company of Colorado (PSCo) and Page 25 TERRA FORMA SOLUTIONS its successors reserve the right to require additional easements and to require the property owner to grant PSCo an easement on its standard form. Public Service Company also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. The property owner/developer/contractor must complete the application process for any new electric service via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. If additional easements need to be acquired by separate PSCo document (i.e. transformer), a Right -of - Way Agent will need to be contacted by the Designer. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities, and that our current use/enjoyment of the area would continue to be an accepted use on the property and that it be "grandfathered" into these changes. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Response: See typical detail for easements. Page 26 Crane Hollow Advisors, LLC March 3, 2022 Terra Forma Solutions c/o Crane Hollow Advisors Attn: Caroline Hansen caroline@cranehollowadvisors.com 303-917-0055 To Whom it may concern, In accordance with Colorado Revised Statute, C.R.S.24-65.5-103, enclosed you will find notice of a meeting with the Weld County Planning Commission. Questions can be directed to the undersigned. Regards Caroline Hansen Crane Hollow Advisors DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com PHONE: (970) 400-3528 FAX: (970) 304-6498 February 25, 2022 JOHNSON TODD TERRA FORMA SOLUTIONS INC 3465 SOUTH GAYLORD COURT A304 ENGLEWOOD, CO 80113 Subject: PUDZ22-0001 - Second Amended Planned Unit Development Change of Zone of Beebe Draw Farms and Equestrian Center PUD (AMZ-412) for E (Estate), C-1 (Neighborhood Commercial), C-2 (General Commercial), C-3 (Business Commercial), 1-2 (Medium Industrial) and A (Agricultural) Zone District uses, including generally defined open space, recreational uses, community services, and oil and gas production facilities. On parcel(s) of land described as: LEGAL DESCRIPTION: ALL OF SECTION 17 AND PARTS OF SECTIONS 3, 4, 5, 8, 9, 10 AND 15; ALL LOCATED IN T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 05, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 20, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Michael Hall Planner Hello