HomeMy WebLinkAbout20230152.tiffMEMORANDUM
TO: Michael Hall, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: August 25, 2022
SUBJECT: PUDZ22-0003 Nguyen
The proposed change of zone has been reviewed on behalf of the Weld County Department of Public Works
and the Department of Planning and Zoning. 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 Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for six (6)
residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot with A (Agricultural) Zone
District uses.
This project is north of CR 2.5 and is west of and adjacent to CR 31.
Parcel number 147133100011 Lot D RECX20-0040.
Access is onto CR 31.
ACCESS
Weld County Public Works has reviewed the application materials related to access.
The application proposes access onto CR 31. This portion of CR 31 is under the jurisdiction of the Town
of Brighton. The applicant shall contact the Town concerning access permitting.
ROADS AND RIGHTS -OF -WAY
This portion of County Road 31 is under the jurisdiction of the Town of Brighton. The municipality has
jurisdiction over access to the road. The applicant shall delineate on the plat the future and existing right-
of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code
Sec. 23-1-90, 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. Please contact the municipality to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade the permit.
While County Road 31 appears to be adequate in functional classification, width, and structural capacity to
meet the potential traffic requirements, the Town of Brighton referral response will be reviewed to determine
if there is a concern.
INTERNAL ROAD
The Weld County Code specifies Sec 27-2-20 A. All PUD developments will be served by an internally
paved road system according to County standards.
The internal road system shall include the required right-of-way per Chapter 8 of the Code and meet all
standards of Chapter 8 of the Code.
CONDITIONS OF APPROVAL
The PUDZ plat shall be amended to delineate the following:
1. This portion of County Road 31 is under the jurisdiction of the Town of Brighton. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access
on the site plan and label with the approved access permit number if applicable. (Development
Review)
2. The proposed internal road system, that delineates right-of-way width, road surface width and
depth, and access to public right -of- way, that meets the requirements of Chapter 8 of the Weld
County Code. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
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. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
3. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Pu)
4. 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. (Department of Public Works)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Michael Hall
From: Lauren Light, Environmental Health Services
Date: August 30, 2022
Re: PUDZ22-0003 Applicant: Lisa Nguyen, Brandon Nguyen, Moriah Nguyen and
Amanda Nguyen
The Weld County Environmental Health Services Division has reviewed this proposal for A
Change of Zone from the A (Agricultural) Zone District to PUD (Planned Unit Development)
for six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable outlot
with A (Agricultural) Zone District uses.
The application has satisfied Chapter 27 of the Weld County Code regarding water and sewer
provisions. The entire parcel consists of 122 acres which will be divided into six lots and one
outlot. The application indicates the minimum lot size will be 3 acres and the overall gross lot
size will be 17.4 acres, including the outlot. The County Attorneys office has approved the
source of water as individual wells.
An On -Site Wastewater Treatment System (OWTS) Report completed by High Plains
Engineering and Design, LLC, dated May 26, 2021, was included with the application.
Although the document is not a septic suitability report, as there were two test pits evaluated for
the proposed home, Environmental Health will accept this report. The report indicates a soil type
of 2A with a long term acceptance rate of .50 which corresponds to a percolation rate of 26-40
MPI. This rate indicates conventional OWTS systems may be feasible. The covenants should
state that activities such as landscaping (i.e., planting of trees and shrubs) and construction (i.e.,
auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated
absorption field site.
Environmental Impacts as outlined in the Specific Development Guide are adequate.
Environmental Health Services recommends the following notes for the Change of Zone plat:
1. Water service may be obtained from an appropriately permitted well.
2. Lot owners should be made aware that while they may be able to obtain a well permit from
the Office of the State Engineer, Division of Water Resources, the quantity of water
available for usage may be limited to specific uses, i.e., domestic use only, etc. Also,
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele:970-304-6420
Fax: 970-304-6416
Environmental Health
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele:970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele:970-304-6470
Fax: 970-304-6452
Public Health
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. We strongly encourage lot owners to test
their drinking water prior to consumption and periodically test it over time.
3. 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.
4. 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.
5. 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.
6. If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice application, and apply for a permit from the Colorado
Department of Public Health and Environment.
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele:970-304-6420
Fax: 970-304-6416
Environmental Health
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele:970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele:970-304-6470
Fax: 970-304-6452
Public Health
Submit by Email
Weld County Referral
August 22, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lisa Nguyen, Brandon Nguyen, Case Number: PUDZ22-0003
Moriah Nguyen and Amanda Nguyen
Please Reply By: September 19, 2022 Planner: Michael Hall
Project: A Change of Zone from the A (Agricultural) Zone District to PUD (Planned Unit
Development) for six (6) residential lots with E (Estate) Zone District uses and one (1) non -buildable
outlot with A (Agricultural) Zone District uses.
Parcel Number: 147133100011-R8967612 Legal: LOT D REC EXEMPT RECX20-0040, PART S2N2
SECTION 33, Ti N, R66W of the 6th P.M., Weld County, Colorado.
Location: WEST OF AND ADJACENT TO CR 31; APPROXIMATELY 0.5 MILES NORTH OF CR 2.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
r
P
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Billie Moore - Builidng Technician Date 08/23/2022
Agency Weld County Building Dept - addressing
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
MEMORANDUM
To: Michael Hall, Planner
From: Billie Moore, Weld County Building Dept -addressing
Subject: PUDZ22-0003
Date: 08/23/2022
Upon review I will need a final plat of the subdivision with the street name in order to address
the vacant lots.
The existing address of 503 CR 31 will need be required to changed when the final subdivision
plat is recorded.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: PUDZ22-0003
Associated Parcel: 147133100011-R8967612
OGED Reviewer: Jennifer Teeters
Review Date: 8/30/2022
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, none directly on the
associated parcel.
2. The PUDZ 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 COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
XcelEnergysM
PUBLIC SERVICE COMPANY
September 13, 2022
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Michael Hall
Re: Change of Zone, Case # PUDZ22-0003
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3284
donna.l.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has
reviewed the request for the Change of Zone PUDZ22-0003 and has no objection to this
proposal, 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.
For future planning and to ensure that adequate utility easements are available within this
development and per state statutes, natural gas distribution facilities require minimum 6 -foot -
wide utility easements within each lot on the side of the lot that is drivable pavement (minimum
8 -feet wide, 6 -inches thick) with space for service truck access and plowing in snowy
conditions with a minimum 5 -foot clearance from any structure.
As the project progresses, the property owner/developer/contractor must complete the
application process for any new natural gas 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.
For additional easements that may need to be acquired by separate document for new facilities,
the Designer must contact a Right -of -Way and Permits Agent.
Donna George
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-571-3306 — Email: donna.l.george@xcelenergy.com
INITED
POWER
Your Touchstone Energy' Cooperative ?.t
September 15, 2022
Weld County Planning & Building
1555 N. 17th Ave.
Greeley, CO 80631
Re: PUD22-0003 — Nguyen Zone Change
Dear Michael:
On behalf of United Power, Inc., thank you for inviting us to review and comment on the change of Zone for the Nguyen
property. In April 2022, United Power installed electrical facilities within the site location. If possible, it would be nice to see
that easement location and recording information called out on the zone change document (R# 4815133). We will also need
this easement reflected on the plat as well.
Other than that, United Power has no concerns or objection to the proposed change of zone from Agricultural to PUD for six
residential lots with the new zoning being as an Estate; contingent upon United Power's ability to maintain all existing rights,
facilities/equipment, and existing easements. This request should not hinder our ability for future expansion, including all
present and any future accommodations for electrical distribution.
As a Reminder: No permanent structures are acceptable within the dry utility easement(s); such as, window wells, wing walls,
retaining walls, basement walls, roof overhang, anything affixed to the house like decks, etc. United Power considers any
structure that impedes the access, maintenance, and safety of our facilities a permanent structure. No exceptions will be
allowed, and any encroachments could result in penalties.
Service will be provided according to the rules, regulations, and policies in effect by United Power at the time service is
requested. We would like to remind the developer to call the Utility Notification Center by dialing 811 to have all utilities
located prior to construction. We look forward to safely and efficiently providing reliable electric power and outstanding
service.
Thank you,
1060,4
Samantha Riblett
United Power, Inc.
Right of Way Agent
O: 303-637-1324 I Email: platreferral@unitedpower.com
UNITED POWER, INC. 500 Cooperative Way ■ Brighton, CO 80603 303.659.0551 ■ 800.468-8809 ■ fax 303-659.2172 www.unitedpower.com
4815133 04/01/2022 12:00 PM
Total Pages: 5 Rec Fee: $33.00
Carly Koppes - Clerk and Recorder, Weld County , CO
RECORDING INFORMATION ABOVE
GRANT OF EASEMENT
LISA NGUYEN and BRANDON NGUYEN and MORIAH NGUYEN, GRANTOR (whether one or
more), whose address is 1855 Virginia Dr. Fort Lupton, Colorado 80621, in consideration of Ten and
00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged,
grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way,
Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct,
operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and
communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be
useful to, or required by Grantee, on, over, under, and across the following described property in the
County of Weld, State of Colorado to -wit:
Easement description as set forth in Exhibit "A" attached hereto and incorporated herein
by reference.
Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited
to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials,
including braces, guides, and other fixtures or devices used or useful in connection therewith.
Grantee shall have the right of ingress and egress 24 hours a day, 7 days a week, over and across the lands
of the Grantor to and from the easement described in Exhibit "A" to survey, construct, operate, maintain,
replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications
facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering
therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee
shall have the right to use the adjacent lands of Grantor, described as Temporary Workspace in Exhibit
"A", during construction, maintenance, replacement, enlargement, reconstruction, improvement,
inspection, repairs and removal as may be required to permit the operation of standard utility construction
or repair machinery or the operation of any other equipment within the boundaries of this easement.
Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent
with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's
facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction,
improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 5.0
feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet
without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any
buildings or permanent structures or facilities of any kind on, over, under, or across said easement without
the prior written approval of Grantee.
Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially
the same level and condition as existed prior to construction.
Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall
inure to and be binding upon the respective legal representatives, heirs, executors, administrators,
successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its
employees, licensees, contractors and permittees.
Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and
lawful authority to make the grant contained herein and promises and agrees to defend Grantee in the
WO# 202109067 Map# 46 Section 33, Township 1N, Range 66W, 6t1 P.M., County of Weld, State of Colorado
4815133 04/01/2022 12:00 PM
Page 2 of 5
exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or
Grantor's right to make the grant contained herein.
Grantor shall defend, indemnify and hold harmless Grantee, its affiliates and the officers, directors,
employees and agents of both, from any and all claims for personal injury to Grantee's personnel or
damage to Grantee's property or to the property of Grantee's personnel occurring as a result of Grantor's
actions, howsoever caused.
Grantee shall defend, indemnify and hold harmless Grantor, its affiliates and the officers, directors,
employees and agents of both, from any and all claims for personal injury to Grantor's personnel or
damage to Grantor's property or to the property of Grantor's personnel, occurring as a result of Grantee's
activities described herein, howsoever caused.
The venue for any dispute arising from this Grant of Easement shall be in the courts of Weld County,
Colorado.
Unless special provisions are listed below and/or attached, the above constitutes the entire agreement
between the parties and no additional or different oral representation; promise or agreement shall be
binding on any of the parties with respect to the subject matter of this Grant of Easement.
(SIGNATURES TO FOLLOW)
WO# 202109067 Map# 46 Section 33, Township 1N, Range 66W, 6th P.M., County of Weld, State of Colorado
4815133 04/01/2022 12:00 PM
Page 3 of 5
SIGNED AND SEALED BY GRANTOR this
STATE OF C P ( /7 to v )
COUNTY OF )
GRANTOR:
ACKNOWLEDGMENT
This record was acknowledged before me on P('.10ik. aA,-(.4 , 2022
by I ISA NGUYEN.
(Commission Expiration)
icial signature)
STATE OF _A )
'AI )
COUNTY OF v'1e )
GRANTOR:
BY:
ACKNOWLEDGMENT
This record was acknowledged before me on
by )TI .ANDON NGUYEN.
(Commission Expiration)
's official signature)
2.) Z�
)
)
)
GRANTOR:
BY:
2022.
DAWN KOSHIO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104038580
My Commission Expires September 21, 2022
, 2022 DAWN KOSHIO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104038580
My Commission Expires September 21, 2022
MORIAH NGUYEN
ACKNOWLEDGMENT
This record was acknowledged before me on
by �� NG
ri{Dr-m.L/i/.
(Commission Expiration)
23 , 2022
DAWN KOSHIO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104038580
My Commission Expires September 21, 2022
WO# 202109067 Map# 46 Section 33, Township 1N, Range 66W, 6th P.M., County of Weld, State of Colorado
4815133 04/01/2022 12:00 PM
ge4of5
EXHIBIT A
United Power, Inc. Sheet 1 of 2
Lisa Nguyen and Brandon Nguyen and Moriah Turney — Address: TBD CR 31
Brighton, Colorado 80601
A strip of land ten (10) feet in width being a portion of Lot D, RECORDED
EXEMPTION NO. 1471-33-1 RECX20-0040, Reception No. 4612746, recorded July 24,
2020, Weld County Records, lying in the South one-half (S 1/2) of the North one-half (N
/) of Section 33, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld
County, State of Colorado, five. (5) feet on each side of the following described line:
Beginning at the southeast corner of said Lot D, said southeast corner being the East one -
quarter corner of said Section 33; thence north, 60 feet, along the east line of the N'' /z of
said Section 33 to the TRUE POINT OF BEGINNING;
thence west, 1310.45 on an angle to the right of 90° 00' 26", on a line that lies sixty-five
(65) north of and parallel with the south line of said N 1/2;
thence north, 237.00 feet, on an angle to the left of 90° 00' 26", parallel with said east
line to the Point of Terminus.
Said strip contains 15,475 square feet, (0.355 acres) more or less.
An illustration for said strip is attached as Sheet 2 of 2 and made a part hereof
The author of this description is Mr. John S. Lambert, PLS 13212, a registered
professional land surveyor licensed to practice in the State of Colorado. The description
was written for United Power, Inc., and on behalf of Lambert Land Consulting, LLC, on
March 25, 2022, under Job Number L22-026, and is NOT to be construed as representing
a monumented land survey.
LAMBERT
LAND C C3 N SU1 T I N G-
o 970.217.2190 • f 970.232.9830.417 S. Whitcomb Street > Fort Collins, CO 80521. www.lambertic.com
ILLUSTRATION
SHEET 2 OF 2
NORTHEAST ONE -QUARTER OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6th P.M.
WELD COUNTY, STATE OF COLORADO
CONCRETE FOUNDATION
DWELLING UNDER CONSTRUCTION
10'
I
- POINT OF
TERMINUS
0'
o'
r-
N
LOT D,
RECORDED EXEMPTION NO. 1471-33-1 RECX20-0040
RECEPTION NO. 4612746 (7-24-2020)
10' UNITED POWER, INC
RIGHT-OF-WAY
REC. NO. 2277417 (2-6-1992)
5' GRANTEE: LISA NGUYEN AND BRANDON NGUYEN AND MORIAH TURNEY
RECEPTION NO. 4699938 (4-01-2021)
c O1
1 1
L -65'- _GRAVEL ROAD=
40'
10'
1310.45'
SOUTH UN OF LOT D
O
Iz
1)
30' EASEMENT AND RIGHT-OF-WAY
RECEPTION NO. 4257578
100
400
0 200
SCALE: 1" = 200'
EXISTING ELECTRICAL CABINETS
10' UNITED POWER, INC
RIGHT-OF-WAY -.1 I--
REC. NO. 2275798 (1992)
30'
COUNTY ROAD 31
TRUE POINT OF BEGINNING
90°0'26"
POINT OF BEGINNING
SOUTHEAST CORNER OF LOT D
EAST ONE -QUARTER CORNER
OF SECTION 33
Wd 00Z OZ/i0/i0
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT
IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
# Date
0 3-25-2022
Revisions
ORIGINAL DOCUMENT - MTS
Prepared for:
Project#: L22-026
UNITED POWER, INC
Lambert Land Consulting, LLC
417 S. Whitcomb Street • Fort Collins ' Colorado 80521
Phone 970.217.2190 - 970.232.9830 Fax
go
November 2, 2022
COLORADO
Division of Water Resources
Department of Natural Resources
Michael Hall
Weld County Department of Planning Services
Transmission via email: mhall@weldgov.com
Re: Nguyen Cluster PUD
Case No. PUDZ22-0003
Part of the S''/2 N''/2 of Sec. 33, Twp. 1 N, Rng. 66 W, 6th P.M.
a.k.a. Lot D of Recorded Exemption RECX20-0040
Water Division 1, Water District 2
Dear Michael Hall:
We have reviewed the August 22, 2022 proposal to create a cluster development on a 122 -acre
parcel known as Lot D of Recorded Exemption RECX20-0040. The application is to create 6 single-
family residential lots of 3 to 5 acres each and one agricultural outlot of 100.7 acres. The
agricultural outlot will not have any development on it for forty (40) years from the date of final
approval. This office previously commented on this cluster development in a letter dated November
22, 2021, this letter supersedes the previous letter.
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning
directors, this office will only perform a cursory review of the referral information and provide
comments. This referral is for a cluster development under the provisions of C.R.S. 30-28-
403. Please note that, pursuant to Section 30-28-404(3), C.R.S., no later than ten (10) days after
the approval of this cluster development the Board of County Commissioners shall notify the State
Engineer and provide a copy of the rural land use plan that includes the cluster development
The estimated water demand for each lot is 0.5 acre-feet per year to be used for in-house use (0.3
AF/yr) and outside uses including either the irrigation of 4,000 square feet of home lawn and garden
(0.2 AF/yr) or the irrigation of less than 4,000 square feet of home lawn and garden (0.05 AF/yr per
1,000 square -feet) and the watering of domestic animals (0.01 AF/yr per domestic animal), such
that the combination of the two shall not exceed 0.2 AF/yr. The proposed water supply is individual
on lot well permits. The specific aquifer from which the wells will produce was not specified. The
ability for the lot(s) to obtain well permit(s) will be determined at the time application(s) are filed
with and evaluated by the State Engineer's Office.
A review of our records shows that well permit no. 318429 was issued on August 21, 2020 pursuant
to Section 37-92-602(3)(b)(II)(A), C.R.S. as the only well on a tract of 122 acres, being Lot D of
RECX20-0040. The permit would allow the well to produce from the nontributary Laramie -Fox Hills
aquifer. The proposed location of the well would place it on Lot 4 of the cluster PUD according to
the provided map. Our office has not received information that a well has been constructed under
this permit. Upon approval of the cluster PUD, the parcel on which the well will be located will no
longer include the full 122 -acre land area considered at the time the permit was issued; therefore
if constructed under this permit the well would have the potential to create conflict between its
continued legal operation and the evaluation of new well permits on adjacent lots that are
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director
Nguyen Cluster PUD Page 2 of 2
November 2, 2022
encumbered by this well permit. Well no. 318429 should either be canceled or if constructed, be
re -permitted consistent with the land area on which it is located upon approval of the cluster PUD.
For well permits sought pursuant to section 37-92-602(3)(b)(II)(A), C.R.S. the total amount of water
available to each individual lot will be based on the total land area in the plan and the number of
lots approved. In specific, the annual amount of water available for each of the on -lot wells will
be one acre-foot for each 35 -acre increment of land included in the development divided by the
number of lots in the development. The statutory requirement that any proposed or existing well
be the only exempt well on the subject parcel will be applied when evaluating well permit
applications pursuant to section 37-92-602(3)(b)(II)(A), C.R.S.
If you or the applicant have any questions, please contact Ailis Thyne at 303-866-3581 x8216 or at
ailis.thyne@state.co.us.
Sincerely,
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Subdivision file no. 28944
Permit no. 318429 file
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