HomeMy WebLinkAbout20233641.tiff MEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 27, 2023
1_ G U N r Y _ SUBJECT: USR23-0036 Rooster Land Company
The proposal 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 Site-Specific Development Plan and Use by Special Review Permit for a Livestock
Confinement Operation (Dry Cow Facility for up to 2000 cows) in the A (Agricultural) Zone District.
This project is north of and adjacent to CR 22 and is west of CR 37.
Parcel number: 130912000017 Lot B RE-712.
Access is onto CR 22 (AP22-00205 Ag; AP22-00206 Ag; AP22-00207 Residential)
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has three existing permitted access points onto CR 22 (AP22-00205 Ag;AP22-00206 Ag;AP22-
00207 Residential). No other access points have been requested.
It is noted that in the platting of RE-712 a 30-foot-wide access easement was created. While not specifically
stated, it appears as if Lot A of RE-712 would benefit, as well as parcel 130912000015. Without this
easement, Lot A and the adjoining parcel may be landlocked.
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 location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS-OF-WAY
This portion of CR 22 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall
delineate and label on the site map the future and existing right-of-way (along with the documents creating
the 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, 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. This road is maintained by Weld County.
The western boundary of the parcel adjoins the section line right-of-way for CR 35. County Road 35 is a
section line road. Section line right-of-way does not exist in all sections in Weld County and should be
verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non-
Maintained Section Line Right-of-Way."The existence of a physical road does not imply public right-of-way
and the road may be located on private property. All right-of-way should be verified and physical roads
located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this information shall be
noted on the plat. The applicant shall delineate on the plat the existing right-of-way and physical location of
existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate
easement between property owners shall be provided. 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
the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld
County.
Per Chapter 8, Article 13, Section 8-13-30, 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
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.
TRAFFIC
Recent traffic counts (2023) for this portion of CR 22 counted 1,704 vehicles per day with 44% trucks.
Traffic information submitted with the application materials indicates that there will be 7 truck trips per day
and 9 passenger vehicle trips per day. No information was provided on travel routes and the vehicle count
information did not address peak hour traffic or seasonal traffic,
A final Traffic Report shall be submitted.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.
ROAD MAINTENANCE AGREEMENT
Based on the current unaccepted traffic information, Development Review is requesting a Road
Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul
routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review.
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non-Urbanizing Drainage Area: Non-Urbanizing Drainage Areas typically require
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 for NON-
URBANIZING areas.
During the processing of a grading permit for the site (GRD23-0015) a drainage report was accepted. As
part of the application for this USR, the applicant has submitted a registration for a CAFO with CDPHE.
Based on this submittal, the site meets drainage exception 14. Concentrated Animal Feeding Operation
(CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO)
which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions
of the site not incl Located in Sec. 8-11-40. Drainage Policy.
No additional drainage information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Final Traffic Analysis Report shall be submitted. (Development Review)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Development Review)
C. The USR map shall be amended to delineate the following:
1. CR 22 is a paved road and is designated on the Weld County Functional Classification Map as an
arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Development Review)
2. County Road 35 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-
way. Show and label the section line Right-of-Way as "CR 35 Section Line Right-of-way, not
County maintained." (Development Review)
3. Show and label the existing permitted access points onto CR 22 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). (Development Review)
4. Show and label the required tracking control. (Development Review)
5. Show and label the drainage flow arrows. (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. The access to 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. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
386
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
I ,,c-o j N Y 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: August 14, 2023
Re: USR23-0036 Applicant: Rooster Land Company LLC
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a Livestock Confinement
Operation (Dry Cow Facility for up to 2,000 cows) in the A (Agricultural) Zone District
The application indicates that up to 5 fulltime employees would utilize the site. There will
be three day shift employees and two night shift employees. The facility is serviced by
two wells which are permitted for commercial, and livestock use (74583-F and 74584-
F). An on-site wastewater treatment system sized for 6 people provides sewer services
(SP-2200190).
The facility is registered as a Confined Animal Feeding Operation (CAFO) with the
Colorado Department of Public Health and Environment, Environmental Agricultural
Program.
The applicant supplied a Nuisance Management plan to address conditions that may
result from animal confinement operations. Those items include, pest control, air
quality, noise, and drainage requirements. The waste storage pond is required to have
a liner with seepage rates determined by a registered engineer. A manure
management plan was provided which indicates 100 acres is available to land apply
liquid at an agronomic rate and solid manure will be removed and applied off site for
land application.
Environmental Health Services recommends that the following requirements be
incorporated into the permit as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,
C.R.S.
3. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The applicant shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
5. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
6. Any On-site Wastewater Treatment System located on the property must comply
with all provisions of the Weld County Code, pertaining to Onsite Wastewater
Treatment Systems.
7. Adequate drinking, handwashing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. For employees or contractors that are on
site for less than 2 consecutive hours a day portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall
be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets
shall be screened from existing adjacent residential properties and public rights-of-
way.
8. The facility shall operate in compliance with Colorado Water Quality Control
Commission Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall
be no discharge of manure or process wastewater, except as provided in the
facility's Colorado Discharge Permit.
9. If required, a Stormwater Discharge Permit shall be obtained from the Colorado
Water Quality Control Division, for construction activities.
10.Any manure or process wastewater applications shall be at agronomic rates and
in accordance with the Nutrient Management Plan or Manure and Wastewater
Management Plan. There shall be no discharge from land application areas,
except for agricultural stormwater.
11.The facility shall be operated and maintained in a manner to prevent nuisance
conditions, in accordance with the approved Management Plan for Nuisance
Control.
12.Odors detected off the site shall not equal, or exceed, the level of fifteen-to-one
dilution threshold, as measured using methods set forth in Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be
implemented, at the request of the Weld County Department of Public Health and
Environment, in the event odor levels detected off site of the facility meet, or
exceed, the level of fifteen-to-one dilution threshold, or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement.
13.The applicant shall remove, handle, and stockpile manure from the livestock area
in a manner that will prevent nuisance conditions. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies,
insect pests, or pollutant runoff. The surface beneath the manure storage areas
shall be of materials which are protective of state waters. These areas shall be
constructed to minimize seepage or percolation of manure contaminated water. In
no event shall the facility impact or degrade waters of the State, in violation of
Colorado Water Quality Control Commission Regulation Number 81.
14.The facility shall operate in compliance with applicable Colorado Air Quality
Control Regulations. There shall be no open burning except "Agricultural Open
Burning" as defined by Colorado Air Quality Control Regulations.
15.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
16.All chemicals must be handled in a safe manner, in accordance with product
labeling. All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations.
17.The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State issues permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
18.The facility shall notify the County of any revocation and/or suspension of any State
issued permit.
19.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Cr% COLORADO
Division of Water Resources
Department of Natural Resources
August 16, 2023
Chris Gathman, Planner III
Weld County Department of Planning Services
Transmission via email: cgathman@weld.gov
Re: Case Number: USR23-0036, Applicant: Rooster Land Company LLC
Part of the SW 1/4 of Sec. 12, Twp. 2N, Rng. 66W, 6th P.M., Weld County
Water Division 1, Water District 2
Dear Chris Gathman:
We have received the referral regarding the above-referenced Site Specific Development Plan and
Use by Special Review Permit application for a dry cow facility on approximately 135.117 acres
described as Lot B of Recorded Exemption No. RE-712.
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 and March 11, 2011 memorandums
to county planning directors, this office will only perform a cursory review of the referral
information and provide informal comments. The comments do not address the adequacy of the
water supply plan for this project or the ability of the water supply plan to satisfy any County
regulations or requirements. In addition, the comments provided herein cannot be used to
guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical
availability of water.
According to the referral, water will be used for a commercial dry cow facility. The proposed water
supply is from two existing wells permitted under well permit nos. 74583-F and 74584-F.
Well permit no. 74583-F was issued on November 3, 2010 pursuant to section 37-90-137(4), C.R.S.
and the findings of the State Engineer dated November 3, 2010 for commercial and livestock uses.
Well permit no. 74583-F was issued for the change/expansion of use of an existing well constructed
under permit no. 127485-A (canceled).
Well permit no. 74584-F was issued on November 3, 2010 pursuant to section 37-90-137(4) and (10),
C.R.S. for the change/expansion of use of an existing well constructed under permit no. 117782
(canceled) (to be used in conjunction with well permit no. 74583-F) for commercial and livestock
uses.
The allowed average annual amount of ground water to be withdrawn by well permit nos. 74584-F
and 74585-F shall not exceed 32 acre-feet. In addition, the pumping rate for well permit nos. 74583-
F and 74584-F shall not exceed 15 gallons per minute (GPM). The applicant has stated that water
co J
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director * ,
USR23-0036 Rooster Land Company LLC, Weld County Page 2 of 2
August 16, 2023
uses to operate and clean the milking parlor, provide waterer freeze protection, and watering of
up to 2,000 animals will not exceed the 32 acre-feet allowed for the average annual withdrawal
under well permit nos. 74584-F and 74585-F. So long as the terms and conditions of well permit no.
74584-F and 74585-F are complied with, we have no comments on the proposed dry cow facility.
Additionally, the application materials indicate that a storm water 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 Stormwater Detention
and Infiltration Facility Notification Portal, to meet the notification requirements, located at
https://nnaperture.digitaldataservices.conn/gvh/?viewer=cswdif.
Please contact Mike Matz at 303-866-3581 x8241 or at Michael.Matz@state.co.us with questions.
Sincerely,
41-kt Wel 64
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Referral no. 30907
Applicant (travis@thengineeringonline.com)
File for well permit nos. 74583-F and 74584-F
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