HomeMy WebLinkAbout20233578.tiff MEMORANDUM
TO: Maxwell Nadar, Planning Services
1861 •
FROM: Melissa J King, PE, DRE
- DATE: September 26, 2023
11 G O-1J_NI Y _ SUBJECT: PUDF23-0002 Nguyen
The proposed PUDF has been reviewed 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 theremaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A PUD Final Plan 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 west of and adjacent to CR 31.
Parcel No.: 147133100011 Lot D RECX20-0040.
Access is proposed from CR 31 (City of Brighton).
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has an existing access onto CR 31. This access point is proposed to be upgraded for the internal road
associated with the PUD. As this portion of CR 31 is under the jurisdiction of the City of Brighton, the applicant
shall contact the City concerning permitting and any required improvements.
An access and/or right-of-way permit and/or access sign-off from the City of Brighton shall be submitted
prior to the recording of the plat. This may include design standards for the intersection of the internal
road and CR 31.
ROADS AND RIGHTS-OF-WAY
This portion of County Road 31 is under the jurisdiction of the City 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.
With regard to the proposed internal road, the proposed 60-foot-wide right-of-way appears to overlap a 30-
foot-wide easement that is documented on the recorded plat for RECX20-0040 (Rec. No. 4612746); that is
included in a Surface Use Agreement (Rec. No. 425578); and is included in a Road Use and Maintenance
Agreement that was submitted with the application. The Agreement submitted with the application been
recorded with the County (Rec. No. 4905793). The applicant should ensure there is no conflict with the
easements and the rights-of-way.
TRAFFIC
As the proposed internal road is to be used by residential traffic, agricultural traffic, and oil and gas traffic
(PDC Energy Inc.), a traffic narrative is required that addresses all the traffic that will use the internal road.
The applicant shall submit a complete updated traffic narrative.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP-FRONT IMPROVEMENTS FOR
AN INTERNAL PAVED ROAD AND WITH UP-FRONT OFF-SITE IMPROVEMENTS
An Improvements and Road Maintenance Agreement for on-site up-front improvements for
Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) and for off-site up-front improvements if required
by the City of Brighton. The up-front onsite improvements include the internal paved road constructed to
meet Chapter 8 standards. Also, this will include collateral to ensure the improvements, to include the
internal paved roadway, are constructed. It will also include dust control and damage repairs to specified
travel routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: 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, 5-year storm falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted an acceptable drainage narrative stating that the site meets drainage
detention exception No. 7, located in Sec. 8-11-40. Drainage Policy.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre per lot. Grading Permit
applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant, Development Review, and Planning Department
have reviewed the referral and surrounding property owner comments. The Early Release Request may or
may not be granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Development Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement for on-site up-front improvements for
Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) and for possible off-site up-front improvements
is required. This will include collateral to ensure all required improvements are completed and
maintained. Road maintenance includes, but is not limited to, dust control and damage repair to
specified travel routes. (Development Review)
B. An acceptable Traffic Narrative, that includes all traffic using the internal road, shall be submitted.
(Development Review)
C. A City of Brighton access and/or right-of-way permit or documentation that a permit is not required shall
be submitted. This may include intersection design standards for the internal road and CR 31.
(Development Review)
D. The PUDF plan shall be amended to delineate the following:
1. This portion of County Road 31 is under the jurisdiction of the City 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. Show the vehicular and non-vehicular traffic circulation, including road classification, right-of-way
width, road surface width and depth, and access to public right-of-way for the internal road.
(Development Review)
3. Show and label the drainage flow arrows. (Development Review)
Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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 PUD internal roadway shall be maintained to mitigate any impacts to the public road including
damages and/or off-site tracking. (Development Review)
3. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
4. Weld County is not responsible for the maintenance of onsite internal roads. (Development Review)
Weld
COUNTY
Department of Public Health and Environment
Memorandum
To: Max Nader
From: Lauren Light, Environmental Health Services
Date: August 18, 2023
Re: PUDF23-0002 Applicant: Lisa Nguyen
Environmental Health Services has reviewed this proposal for a PUD Final Plan for six (6)
residential lots with E (Estate) Zone District uses and one (1) nonbuildable outlot with A
(Agricultural) Zone District uses.
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 Attorney's office approved the source of water as
individual wells at the Change of Zone phase.
An On-Site Wastewater Treatment System (OWTS) Report completed by High Plains
Engineering and Design, LLC, dated May 26, 2021, was included with the Change of Zone.
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.
Environmental Impacts as outlined in the Specific Development Guide are adequate.
Environmental Health Services recommends the following notes for the Final 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,
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
KeA,n o°v
1555 N. 17th Avenue
in
R
Greeley, CO 80631 ►�,f,,� � e
Phone: (970) 304-6410 IF
weldhealth.org Public Health
Weld
GOUNTy
Department of Public Health and Environment
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.
KeA,n o°v
1555 N. 17th Avenue
s3 ';M paa
Greeley, CO 80631 �►��,f,,� �
Phone: (970) 304-6410 N �y
weldhealth.org Public Health
Submit by Emaa
gm. err
1 M Weld County Referral
.
August 4,2023
The Weld County Department of Planning Services has received the following item for review:
Applicant:NGUYEN USA Case Number.PUDF23-0002
Please Reply By:September 1,2023 Planner.Maxwell Nader
Project A PUD Final Plan 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 RECX20-0040,PT 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.
O 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.
n See attached letter.
Signature Billie Moore-Building Technician Date 10106/2023
Agency Weld County Bulding Dept-addres
Weld County Planning Dept.PO Box 758,Greeley,CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
MEMORANDUM
1861 TO: Max Nader
DATE: 10/06/2023
•
NTY
FROM: Billie Moore
000
SUBJECT: PUDF23-0002
I will need the street name of the subdivision in order to address the vacant lots. The address
for Lot 1 will need to be changed once the plat has been recorded.
PUDF23-0003
PUDZ22-0003
Planner: Max Nader
PT S2N2 33-1-66
ZONED PUD/ESTATE
NOT IN FLOOD PLAIN
RIF AREA #4
INDIVIDUAL WELLS
ENGINEERED INDIVIDUAL SEPTIC SYSTEMS
UNITED POWER
PROPANE
WELD SCHOOL DIST 27-J
GREATER BRIGHTON FIRE PROTECTION DIST
BRIGHTON PO
PRELIMINARY ADDRESSING (BILLIE MOORE 10/06/23)
LOT 1 503 CR 31. (ADDRESS WILL NEED TO BE CHANGED)
LOT 2
LOT3
LOT 4
LOT 5
LOT6
Before addressing can be finalized, the following item will be required:
1. Street name
Submit by Email
Weld County Referral
August 4, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: NGUYEN LISA Case Number: PUDF23-0002
Please Reply By: September 1, 2023 Planner: Maxwell Nader
Project: A PUD Final Plan 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 RECX20-0040, PT 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.
n We have reviewed the request and find that it does/does not comply with our
Comprehensive Plan because:
n We have reviewed the request and find no conflicts with our interests.
n See attached letter.
Signature Kerrie Monti Date 08/24/2023
Agency 27J Schools
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
27J 27J Schools Board of Education
27J
Greg Piotraschke,President
Schools Lloyd Worth,Vice President
Kerrie Monti—Planning Manager Ashley Conn,Director
Tom Green,Director
1850 Egbert Street, Suite 140,Brighton,CO 80601 Mandy Thomas,Director
Leon Thornton,Director
SCHOOLS Superintendent Chris Fiedler,Ed.D.
Mary Vigil,Director
Planner: Maxwell Nader
mnader@weldgov.com
DATE: August 24, 2023
SUBDIVISION NAME: Nguyen
LOCATION:
STATUS: PUD Final Plan
Dear Maxwell,
A. STUDENT GENERATION (see attached Table 1 for methodology)
Elementary Middle School High School
Dwelling Units Total
Students Students Students
6 SFD 1 1 1 3
(Any discrepancy due to rounding)
B. LAND DEDICATION/CASH-IN-LIEU REQUIREMENTS
(See attached Table 1 for methodology)
The district requests cash in lieu of land dedication (0.08 acres) in the amount of$7,762.47 to
be paid to 27J Schools at the time the final plat is recorded.
C. SCHOOL ATTENDANCE AREA
Students from this proposed development will currently attend:
Northeast ES — 1605 Longspeak St, Brighton
Overland Trail MS— 455 N 19th Ave, Brighton
Brighton HS— 270 S 8th Ave, Brighton
Each of these schools will have adequate capacity for the estimated students.
Phone: 303.655.2984 Email: kmonti@sd27j.net www.sd27j.org
D. CAPITAL FACILITY FEE FOUNDATION(see attached Table 2 for methodology)
The Capital Facility Fee Foundation is a unique public/private nonprofit organization founded
in January 2001 to help fund school expansion or new school construction. This program has
been developed in partnership with each of the municipalities in the District, developer and
builder representatives, and School District 27J. Funding is provided by builders and developers
who have agreed to contribute per residential dwelling unit based on the current fee structure.
The current fees negotiated for this program are as follows: $980 per single family residential
unit and $560 per multi-family unit.
SCHOOL DISTRICT PLANNING COMMENTS AND RECOMMENDATIONS:
1. The district requests cash in lieu of land dedication in the amount of$7,762.47 to
be paid to 27J Schools at the time the final plat is recorded.
2. Prior to the approval of the final subdivision plat,we recommend that the
developer enter into an agreement with the Capital Facility Fee Foundation to
mitigate the impact of this development on District school facilities. Given the
planned six residential dwelling units,the tax-deductible capital facility fees are
projected to be $5,880. CFFF fees may be paid in a lump sum or as permits are
pulled. The developer is welcome to assign the agreement to builders as they
purchase lots.
We appreciate your continuing cooperation and the opportunity to comment upon issues of interest to
both the City and the School District. We look forward to receiving updated referrals on this
subdivision. Please let me know if you have questions about these comments.
Sincerely,
Ke vrie/Monty
Kerrie Monti
Planning Manager
Attachment
Nguyen
Table 1-School District Enrollment and Site Implications
A. Student Generation Estimates
Elementary Middle Senior Total
Dwelling Unit Number Student Number of Student Number Student Student
Number of Total
Generation Generation of Generation Generation
Type of DUs Students Students Students
Rate Rate Students Rate Rate
SFD 6 0.233 1 0.123 1 0.168 1 0.524 3
SFA/TH/C 0 0.104 0 0.056 0 0.079 0 0.239 0
Apartment 0 0.146 0 0.083 0 0.113 0 0.342 0
Mobile Home 0 0.335 0 0.151 0 0.209 0 0.695 0
Total 6 1 1 1 3
B. Facilities Requirements
Project Requirements
Proportion
Students Facility Site Size Land Cost per Total Cash-
of Facility Acreage
(Part A) Capacity (acres) Acre in-lieu
School Type Capacity
Elementary 1 684 10 0.00 0.02
Middle 1 825 25 0.00 0.02
Senior 1 1800 60 0.00 0.03
Total 3 0.08 $101,600 I $7,762.47
Land Dedication Provided 0.00
Remaining Land Needed/Cash-in-Lieu of Land 0.08 $101,600 I $7,762.47 I
Payable to 27J Schools prior to construction
Table 2-Capital Facility Fee Foundation Contributions
Dwelling Unit Number Rate per Total
Type of DUs Unit Contribution
SFD 6 $980.00 $5,880.00
SFA 0 $980.00 $0.00
TH/C 0 $560.00 $0.00
Apartment 0 $560.00 $0.00
Mobile Home 0 $980.00 $0.00
Total 6 $5,880.00
Payable to SD27J Capital Facility Fee Foundation at time of permit
May assign to builders purchasing lots
Submit by Email
Weld County Referral
August 4, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: NGUYEN LISA Case Number: PUDF23-0002
Please Reply By: September 1, 2023 Planner: Maxwell Nader
Project: A PUD Final Plan 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 RECX20-0040, PT 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.
▪ 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 w letter.
tti
Signatur "�"""'�''1 Date 9/1/2023
Agency United Power, Inc.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
INITED
POWER
Your Touchstone Energy' Cooperative .
September 01, 2023
Weld County Department of Planning Services
1402 N. 17th Avenue
P.O. Box 758
Greeley,CO 80632
Re: PUDF23-0002—NGUYEN—PUD FINAL PLAN FOR SIX(6) RESIDENTIAL LOTS
Dear Maxwell:
On behalf of United Power, Inc.,thank you for inviting us to review and comment on the referral for the Nguyen
PUD Final Plan for six(6) residential lots.After review of the information,we respectfully request 5'wide dry utility
easements on the side lots of 3-5 and a 5'wide dry utility easement on the west side lot on lot 6.This will allow
United Power to bring the electric line north and to set any equipment for the lot(s) if needed.
When power is needed,please have the property owner/developer/contractor submit an application for new
electric service,along with CAD data via https://www.unitedpower.com/construction. United Power would like to
work with these persons early in the construction process on getting an electric design prepared so that we can
request any additional easements if needed.
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,
1O1zu*taVL/CQ6
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
Submit by Email
Weld County Referral
August 4, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: NGUYEN LISA Case Number: PUDF23-0002
Please Reply By: September 1, 2023 Planner: Maxwell Nader
Project: A PUD Final Plan 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 RECX20-0040, PT 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.
We have reviewed the request and find that it does/does not comply with our
Comprehensive Plan because: does-paving shall not start before 1/1/2025 see Agmt rec:4905793
▪ We have reviewed the request and find no conflicts with our interests.
▪ See attached letter.
Signature Tiffnee Lamb Date 08/14/2023
Agency PDC Energy, Inc.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Xcel Energy" Right of Way&Permits
1123 West 3rd Avenue
PUBLIC SERVICE COMPANY Denver, :303.57 .3303
Telephone:303.571.3306
Facsimile:303.571.3284
Donna.L.George@xcelenergy.com
August 25, 2023
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attn: Maxwell Nader
Re: Nguyen PUD Final Plan, Case # PUDF23-0002
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has determined there is a possible conflict with the above captioned project. 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. Where will this 6-foot-wide utility easement be located
within these lots given United Power's easement does not appear to accommodate
natural gas distribution facilities?
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
CCOLORADO
GDivision of Water Resources
Department of Natural Resources
August 9, 2023
Maxwell Nader, Planning Manager
Weld County Department of Planning Services
Transmission via email: mnader®weld.gov
Re: Nguyen Cluster PUD - 3rd Letter
Case No. PUDF23-0002
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 Maxwell Nader:
We have reviewed the August 4, 2023 final plat 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 our letters dated
November 22, 2021 and November 2, 2022. This letter supersedes the previous letters.
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 section 30-28-403,
C.R.S. 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 must notify the State
Engineer and provide a copy of the rural land use plan that includes the cluster development
According to the letter dated August 1, 2022 from Steve Nguyen, 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.
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.
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 allows the well to produce from the nontributary Laramie-Fox Hills
aquifer. The location of the well would place it on Lot 2 of the cluster PUD according to the provided
map. Upon approval of the cluster PUD, the parcel on which the well is located will no longer
of c oio
.
ss
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water E-
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director +
Nguyen Cluster PUD, Weld County - 3rd Letter Page 2 of 2
August 9, 2023
include the full 122-acre land area considered at the time the permit was issued; therefore this well
has the potential to create conflict between its continued legal operation and the evaluation of new
well permits on adjacent lots that are encumbered by this well permit. As such, well no. 318429
must be re-permitted consistent with the size of parcel on which it will be located. This office
recommends the following:
1. The county require that the requirement to re-permit well no. 318429 be placed on the plat
in a manner that is plainly visible such that the current owner and any prospective buyer
will be aware of the requirement.
2. Prior to this cluster development being approved by the county, the county require the
current well owner to submit to our office a permit application to re-permit well no. 318429.
Our office will hold that application until the Applicant provides to our office documentation
that the county has approved the cluster development, at which time we will act upon the
application.
The ability for the Applicant to re-permit the existing well or obtain new well permits for the other
lots will be determined according to applicable statutes, rules, and polices at the time permit
application(s) are submitted to and reviewed by this office.
Well permit forms are available here: https://dwr.state.co.us/eforms?search=GWS. The Applicant
can submit the GWS-44 form and a copy of the property deed to DWRpermitsonline@state.co.us
after which we will provide an invoice for the filing fee. The cost to apply for a well permit is $100.
It takes 4-6 weeks for a complete well permit application to be processed.
Please contact Wenli Dickinson at Wenli.Dickinson@state.co.us or at 303-866-3581 x8206 with any
questions.
Sincerely,
41-kt Wel 64
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Subdivision file no. 28944
Permit no. 318429 file
et ' COLORADO
WELL PERMIT NUMBER 318429-
a Division of Writer Resources
i:rparh�p-r�f flat„.«�5 RECEIPT NUMBER 100O4755
�i
ORIGINAL PERMIT APPLICANT(S) APPROVED WELL LOCATION
JASVIR MAAN Water Division: 1 Water District: 2
SUItHMINDER MAAN Designated Basin: N/A
Management District: NIA
County: WELD
Parcel Name: REC EXMPT 1471-33-1 RECX 20-0040
Lot: D Block: Filing:
AUTHORIZED AGENT Physical Address: TBD COUNTY ROAD 31 BRIGHTON, CO
80,501
LIBERTY BELLE PROPERTIES LLC(STUEVE, PAULA)
SW 1/4 NE 1/4 Section 33 Township 1-D N Range 66-D W Sixth P-M-
UTM COORDINATES (Meters, Zane:13, NAD83)
Easting: 518986.0 Northing: 4428743.0
PERMIT TO CONSTRUCT A NEW WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights.The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Rump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 122 acre(s)described as that portion of
the S 1/2 of the N1/2,Sec. 33,Twp. 1 North, Rng. 66 West,6th P.M., Weld County, more particularly described on Exhibit A in
the well permit file.
4) The use of groundwater from this well is limited to fire protection,ordinary household purposes inside not more than three (3)
single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than one(1)acre of home gardens and lawns.
5) Production is limited to the Laramie-Fox Hills aquifer which is located approximately 885 feet below ground surface and extends
to a depth of approximately 1220 feet. In accordance with Rule 10.4.8 of the Water Well Construction Rules, plain steel casing
must be installed and grouted from the top of the permitted production tone up to at least ten feet above the base of the
surface casing,or to the depth required by Rule 10.5.2.1, if no surface casing is installed. (NOTE: If coals and/or carbonaceous
shales are encountered in the borehole, plain casing and grout should be installed through these intervals to exclude poor
quality water from entering the well.)
6) The pumping rate of this well shall not exceed 15 GPM.
7) The return flow from the use of this well must be through an individual wastewater disposal system of the non-evaporative type
where the water is returned to the same stream system in which the well is located.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
9) ADVANCE NOTICE REQUIRED -Pursuant to Construction Rule 6.2.2.1 (2 CCR 402-2), licensed or private drillers and pump
installers must provide advance notification to the State Engineer prior to each of the following for this well: the start of well
construction, the initial installation of the first permanent pump,and the initial installation of a cistern connected to the water
well supply system.Any change in the date of construction/installation must be re-noticed prior to the activity. Information
regarding the notification process and a link to the electronic notification form can be found on the Division of Water Resources
website.
NOTE:This well is withdrawing water from a non-renewable aquifer. While the withdrawals from this aquifer are administered
based on a 100 year aquifer life,water level declines may prevent this well from diverting the permitted amounts for that 100
years.
NOTE:To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval
of the approved tone or aquifer indicated above.
Printed 48-3r}-2022 For questions about this permit call 303.866.3581 or go to https:??dwr.colorado.gov Page 1 of 2
WELL PERMIT NUMBER 318429- RECEIPT NUMBER 10004755
NOTE:This permit will expire on the expiration date unless the well is constructed by that date.A Well Construction and Yield
Estimate Report(GWS-31)must be submitted to the Division of Water Resources to verify the well has been constructed.An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form(GWS-64)available at: http:l/Colorado.gavlwater
NOTE:A hydrogeologic aquifer evaluation has been completed for this permit and the details of the evaluation can be viewed in
the hydrogeologic aquifer evaluation imaged document and the original permit file.
Date Issued 8.1211 2020
Expiration Date: 812112023
Issued By DEBRA GONZALES
PERMIT HISTORY
08-30-2022 PERMIT EXTENDED
04-19-2022 PERMIT AMENDMENT(LOCATION)
03-31-2021 CHANGE IN OWNER NAMEMAILING ADDRESS- CHANGED TO LISA NGUYEN
Q3-31-2021 CHANGE IN OWNER NAMEMAILING ADDRESS. CHANGED TO BRANDON NGUYEN
03-31-2021 CHANGE IN OWNER NAMEMAILING ADDRESS- CHANGED TO MORIAH TURNEY
Printed 48-30-2022 For questions about this permit call 303.866.3581 or go to https:??dwr.colorado.gov Page 2 of 2
COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-44(01/2020)
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST.,Ste 821, DENVER,CO 80203
Main: (303)866-3581 dwrpermitsonline@state.co.us
RESIDENTIAL Note:Also use this form to apply for livestock watering
Water Well Permit Application
Review form instructions prior to completing form.
Hand completed forms must be completed in black or blue ink or typed.
1. Applicant Information
Name(s) 6. Use Of Well (check applicable boxes)
See instructions to determine use(s)for which you may qualify
❑ A. Ordinary household use in one single-family dwelling
Mailing address (no outside use)
❑ B. Ordinary household use in 1 to 3 single-family dwellings:
City State Zip code
Number of dwellings:
Telephone(w/area code) E-mail ❑Home garden/lawn irrigation, not to exceed one acre:
area irrigated r sq.ft.R acre
2. Type Of Application (check applicable boxes) ❑ Domestic animal watering—(non-commercial)
❑ Construct new well ❑ Change source(aquifer) ❑ C. Livestock watering(on farm/ranch/range/pasture)
O Replace existing well ❑ Reapplication(expired permit)
❑ Use existing well ❑ Rooftop precip.collection 7. Well Data (proposed)
❑ Change or increase use ❑ Other: Maximum pumping rate Annual amount to be withdrawn
gpm acre-feet
3. Refer To (if applicable)
Total depth Aquifer
Well permit# Water Court case#
feet
Designated Basin Determination# Well name or# 8. Water Supplier
Is this parcel within boundaries of a water service area?ICI YESIEi NO
4. Location Of Proposed Well (Important! See Instructions) If yes,provide name of supplier:
County 9. Type Of Sewage System
1/4 of the 1/4
Section Township N or S Range E or W Principal Meridian ❑ Septic tank/absorption leach field
�r r El Fr ❑ Central system: District name:
Distance of well from section lines(section lines are typically not property lines) ❑ Vault: Location sewage to be hauled to:
Ft.from F N I S Ft.from FE 1—W
For replacement wells only—distance and direction from old well to newwell ❑ Other(explain)
feet Direction 10. Proposed Well Driller License #(optional):
Well location address(Include City,State,Zip) ❑Check if well address is same as in Item 1. 11. Sign or Enter Name of Applicant(s)or Authorized Agent
The making of false statements herein constitutes perjury in the second
degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S.
24-4-104(13)(a). I have read the statements herein, know the contents
Optional: GPS well location information in UTM format. GPS unit settings are as follows: thereof and state that they are true to my knowledge.
Format must be UTM Sign or enter name(s)of person(s)submitting application Date(mm/dd/yyyy)
r Zone 12 orr Zone 13 Easting:
Units must be Meters
Datum must be NAD83 Northing:
If signing print name and title
Unit must be set to true north
Remember to set Datum to NAD83
Was GPS unit checked for above? O YES
5. Parcel On Which Well Will Be Located Office Use Only
(You must attach a current deed for the subject parcel) USGS map name DWR map no. Surface elev.
A.You must check and complete one of the following:
O Subdivision: Name Receipt area only
Lot Block Filing/Unit
O County exemption(attach copy of county approval&survey)
Name/# Lot#
O Parcel less than 35 acres,not in a subdivision attach a deed with metes
&bounds description recorded prior to June 1, 1972,and current deed
O Mining claim (attach copy of deed or survey) Name/#:
O Square 40 acre parcel as described in Item 4
O Parcel of 35 or more acres(attach metes&bounds description or survey) AQUAMAP
O Other:(attach metes&bounds description or survey) WE
B.#of acres in parcel C. Are you the owner of this parcel? WR
rYES nNO
CWCB
D.Will this be the only well on this parcel? n YESQT NO(if no—list other wells)
TOPO
MYLAR
E. State Parcel ID#(optional):
SB5 DIV WD BA MD
COLORADO DIVISION OF WATER RESOURCES GWS-44 RESINST(01/2020)
DEPARTMENT OF NATURAL RESOURCES
RESIDENTIAL WELL PERMIT APPLICATION INSTRUCTIONS
Applications must be computer generated online, typewritten, or not need to provide distances from section lines or a GPS
printed in BLACK or BLUE INK. ALL ITEMS in the application location (UTM coordinates).
must be completed. Incomplete applications may be returned for Provide the property address of the well location if one exists. If
more information. Applications are evaluated in chronological it is the same as the mailing address, check the box next to the
order. Please allow approximately six weeks for processing. well location address.
This form may be reproduced by photocopying. Reproductions must 5. A current deed for the subject parcel must be attached. If
retain margins and print quality of the original form. If filing online the subject parcel is 35 or more acres, a complete metes and
see online filing instructions! You may also save, print, scan and bounds type legal description or surveyor's plat map that
email the completed form to: dwrpermitsonlineastate.co.us references a section point is required to enable us to plot the
DO NOT use this form for the registration of an existing well in parcel in our mapping system. If the parcel is less than 35
use prior to May 8, 1972; (use Form GWS-12). acres and not in a subdivision, a deed with metes and
FEES: This application must be submitted with the appropriate filing bounds legal description, recorded prior to June 1, 1972 is
fee. The filing fee for applications is $100. Exceptions are as follows: required. Complete Items 5A through 5E (5E is optional). If
1)An application to replace or deepen an existing permitted well that is you answered NO to Item 5C please indicate who the
in the same source (aquifer) which does not have a "-F" or"-R" suffix landowner is. If you are under a contract to purchase the
after the original permit number is $60. 2) Applications to register an subject property, please state this as well. If the parcel is inside
existing well (use Form GWS-12), and replace or deepen the well (use the Denver Basin, the application must be in the name of and
Form GWS-44) into the same aquifer is $100 if submitted signed by, or their name entered by, the current landowner.
together. Fees are nonrefundable. Please visit our website at If filing online please see online filing instructions for how to
dwr.colorado.gov for acceptable payment information or contact submit deed and or legal description attachments.
DWR at(303)866-3581. 6. See above comments under USES to determine those uses
USES: This form (GWS-44) is to be used when applying for a permit for which you may qualify, and then check the applicable
for the following types of uses: box or boxes.
7. The maximum pumping rate is limited to 15 gpm for
A. Ordinary household use inside one single-family dwelling most residential type well permits. The annual amount of water
(NO outside water use allowed): Generally, this is all that can to be withdrawn is a volume measured in acre-feet. One
be approved on parcels less than 35 acres. acre-foot equals 325,851 gallons. For ordinary household use
inside one single-family dwelling and no outside use, the annual
B. Ordinary household use in 1 to 3 single-family dwellings, amount will be about 1/3 acre-foot. For ordinary household
irrigation of up to one acre of home garden and lawn, and use in three single-family dwellings, one acre of home garden/
watering of domestic animals: Generally, permits can be lawn irrigation, and watering of domestic animals, the annual
approved on parcels of land of 35 or more acres, or in areas amount will be about 3 acre-feet. For 100 head of livestock, the
inside the Designated Basins, the Denver Basin, limited areas annual amount will be about 1.35 acre-feet. Please indicate the
on the Western Slope, and for subdivisions under a court- estimated depth of the proposed well. The proposed aquifer
approved plan for augmentation that allow outside uses. for the well must be indicated if the well is to be located
C. Livestock watering on farm, ranch, range, or pasture (on within the Denver Basin (the approximate area of the Denver
parcels of 35 or more acres). Basin extends south from Greeley to an area east of Colorado
ITEM INSTRUCTIONS: (numbers correspond with those on the Springs and from Golden east to Limon), the San Luis Valley,
front of this form' the Southern High Plains basin in Baca or Prowers Counties,
or in areas where it is believed the well will penetrate a
1. The applicant is the entity for whom the permit is to be issued. confining layer. Aquifer information should be provided if known,
Since the well owner is ultimately responsible for the use of the for well locations outside of these areas.
well, their name should be in this area. The mailing address is 8. The issuance of well permits may depend on the availability
where the applicant currently receives mail. of another source of water, pursuant to CRS 37-92-602(6), such
2. Check all boxes that apply. If you check the box for Rooftop as water from a municipality or water district. (Statutes can
precip. collection, you must also complete and submit Form be accessed through the CDWR web site.)
No.GWS-78. 9. Check the applicable box, and complete or attach any
3. Complete all boxes that apply. additional information as requested in this item.
4. You must provide a well spot location under the following 10. Wells must be constructed by a Colorado licensed well driller,
circumstances: (a)the location is decreed by a water court; (b)the or under the "private driller" provision as defined in CRS
well will be inside the Denver Basin or other location where a site- 37-91-102(12). A listing of licensed well drillers/pump
specific well depth restriction will apply; (c)your application is for a installers is available at dwr.colorado.gov
permit to use an existing well. When a spot location is required, 11. The individual signing the application or entering their name
you must provide the county, 1/4 of the 1/4 section designation (and title if applicable) must be the applicant or an officer
(example: NE 1/4 of the SE 1/4), section#,township, range, principal of the corporation/company/agency identified as the applicant
meridian, and either distances from section lines or a GPS location or their attorney. An authorized agent may also sign or enter
(UTM coordinates). If providing a GPS location,the required GPS their name on the application if a letter signed by the
unit settings must be as indicated on this form. Colorado applicant or their attorney is submitted with the application
contains two UTM zones (12 & 13). Zone 13 covers most of authorizing that agent to sign or enter their name on the
Colorado. The boundary between Zone 12 and Zone 13 is the applicant's behalf.
108th Meridian (longitude). West of the 108 Meridian is UTM
Zone 12 and east of the 108th Meridian is UTM Zone 13. The
108th Meridian is approximately 57 miles east of the Colorado- IF YOU HAVE ANY QUESTIONS please call the Colo. Division of
Utah state line. On most GPS units, the UTM zone is given as Water Resources (303-866-3581), or the nearest Division Field
part of the Easting measurement, e.g. 12T0123456. Check the Office in Greeley(970-352-8712), Pueblo(719-542-3368),Alamosa
appropriate box for the zone. (719-589-6683), Montrose (970-249-6622), Glenwood Springs
For all other applicants, you must provide the following (970-945-5665), Steamboat Springs (970-879-0272), or Durango
minimum information: (a) the county, section #, township, range (970-247-1845), or refer to the CDWR web site
and principal meridian; and, (b) the subdivision lot, block & at dwr.colorado.gov for general information, additional forms,
filing/unit designations as applicable if in a subdivision. You do and access to state rules or statutes.
Hello