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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20211155.tiff
MEMORANDUM TO: Diana Aungst, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: June 22, 2020 SUBJECT: USR18-0130 Thornton - Full Alignment The Weld County Department of Public Works has reviewed this proposal. 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 Special Review Permit for a greater than 16 - inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. The preponderance of this pipeline project occurring within unincorporated Weld County runs parallel and adjacent to County Roads 13, 15, or 17. The Weld County portion of the project begins immediately south of County Road 92 (along the east side of County Road 13) and terminates at a location slightly north of County Road 2 (just east of County Road 17). Parcel numbers: Numerous/Multiple. ACCESS According to the application materials, access for the pipeline construction will utilize between 50 and 60 existing accesses (where practical) and between 30 and 40 new accesses. For the permanent facilities the applicant is proposing to use: 1) an existing access on County Road 50 (located approximately 1,890 feet east of the southern leg of County Road 13) for access to Pump Station 1; 2) a new access on County Road 17 (located approximately 535 feet north of County Road 2) to serve Pump Station 2; and 3) a new access on County Road 13 (located approximately 4,540 feet north of County Road 90) for access to the 1,000,000 -gallon water tank. The applicant shall work with Public Works to obtain all necessary temporary and/or permanent access permits per Sec. 8-14-30 of the Weld County Code and to ensure that all proposed accesses are located such that they adequately protect the public health, safety, and welfare. Minimum access spacing requirements for Weld County roads are shown in Weld County Code, Sec. 8-14-30, Table 1. Access construction requirements are listed in Weld County Code, Section 8-14-50.E. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY At the point of the pipeline crossing, County Roads 4, 8, 10, 16, 22, 28, 32, 36, 40, 42, 52, 52 1/4, 56, 60, 86, 88, and 90 are gravel roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the existing rights -of -way (along with the documents creating the existing rights -of -way) and the physical location of the roads. If the rights -of -way cannot be verified, they shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article I, Section 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. These roads are maintained by Weld County. At the point of the pipeline crossing, County Road 84 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as local road, which requires 60 feet of right-of- way. The applicant shall delineate and label on the site map or plat the 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, Chapter 23, Article I, Section 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. At the point of the pipeline crossing, County Roads 6, 18, 20, 34, 38, 50, and 68 1/2 are paved roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as collector roads, which require 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the existing and future rights -of -way (along with the documents creating the existing rights -of -way) and the physical location of the roads. If the rights -of -way cannot be verified, they shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article I, Section 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. These roads are maintained by Weld County. At the point of the pipeline crossing, County Road 54 (Freedom Parkway) 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 or plat 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. County Road 54 is maintained by Weld County at the point of crossing. At the point of the pipeline crossing, County Road 13 (between County Road 92 and Highway 14) is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017- 01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the 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. County Road 13 is maintained either by Larimer or Weld County. When scalable construction drawings are available (prior to construction), the applicant shall work with Public Works to determine which County is responsible for the maintenance of County Road 13 at the point of crossing. At the point of the pipeline crossing, County Road 13 (between Highways 14 and 34) 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 or plat the future and existing rights -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. County Road 13 is maintained by either Larimer or Weld County. When scalable construction drawings are available (prior to construction), the applicant shall work with Public Works to determine which County is responsible for the maintenance of County Road 13 at the point of crossing. At the point of the pipeline crossing, County Roads 12, 70, and 72 are section line roads. Section line rights - of -way do not exist in all sections in Weld County and should be verified before a decision to utilize them are made. Weld County commonly refers to these 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 rights -of -way should be verified and physical roads located in relationship to the public rights - of -way to ensure trespassing does not occur. The applicant shall verify the existing rights -of -way and the documents creating the rights -of -way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing rights -of -way and physical location of roads to be used. If the rights -of -way cannot be verified, they shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article I, Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadway many not be centered in the right-of-way. These roads are NOT maintained by Weld County. At the point of the pipeline crossing, County Roads 24 and 26 are under the jurisdiction of the Town of Firestone. The municipality has jurisdiction over access to the roads. Please contact the municipality to verify the right-of-way requirements, access permits or for any additional requirements that may be needed. At the point of the pipeline crossing, County Road 14 is under the jurisdiction of the Town of Frederick. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the right-of- way requirements, access permit or for any additional requirements that may be needed. At the point of the pipeline crossing, County Roads 12 1/2 and 17 are under the jurisdiction of the Town of Dacono. The municipality has jurisdiction over access to the roads. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed. At the point of the pipeline crossing, County Roads 44 and 46 are under the jurisdiction of the Town of Johnstown. The municipality has jurisdiction over access to the roads. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed. At the point of the pipeline crossing, County Roads 62, 64, and 66 are under the jurisdiction of the Town of Windsor. The municipality has jurisdiction over access to the roads. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed. At the point of the pipeline crossing, County Road 78 is under the jurisdiction of the Town of Severance. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the right- of-way requirements, access permit or for any additional requirements that may be needed. At the point of the pipeline crossing, County Roads 74, 76, and 80 are under the jurisdiction of the Town of Timnath. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements, access permit or for any additional requirements that may be needed. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highways 14, 34, 52, 60, 66, and 392) Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at httgs://www.weldgov.com/departments/qublicworks/permits/. According to the supplemental application materials, the applicant has relocated the portions of the pipeline that were running parallel to and inside the Weld County right-of-way to locations that are outside of the right-of-way. Any future revisions in the pipeline alignment shall not run parallel to and inside County right- of-way without a variance approved by the Board of County Commissioners. 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 According to the applicant's traffic narrative: • Pipeline construction could take four to 10 weeks for each mile of pipeline, not including revegetation activities. • Construction of the water tank is expected to last approximately one year. • Construction of the two pump stations is expected to last two years. • Pipeline construction phases include: o Preparing the Easements o Pipeline Trenching and Installation o Backfilling o Regrading/Reseeding • Trip generation will vary according to the phase and location of construction. • On average, five trips per day to the site are expected for each type of construction vehicle: pickup trucks, welding trucks, pipe/material hauling trucks, water trucks, and equipment transport trucks for each construction package. • At the peak of construction, approximately 80 to 100 workers could be required at multiple sites along the project. The traffic narrative states that post -construction trip generation will be primarily related to the operation and maintenance of the project. It also states that normal operation could include up to two operators traveling in one pickup truck daily to the water tank, pump stations, and along the water pipeline route for a visual inspection and maintenance activities. TRACKING CONTROL Tracking control is required to prevent tracking from the project site onto public roadways. For access to paved roads, permanent tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, permanent 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 Public Works for review and consideration. ROAD MAINTENANCE AGREEMENT A Road Maintenance Agreement is required with this project during construction. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/U SR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. DRAINAGE REQUIREMENTS The project includes two booster pump stations. Booster Pump Station 1 is located within an Urbanizing Drainage Area east of the intersection of County Road 13 and County Road 50. Booster Pump Station 2 is located within a Non -Urbanizing Drainage Area located north of County Road 2 and east of County Road 17. The applicant has submitted preliminary drainage reports for each of the two proposed pump stations. Final drainage reports and detention pond designs completed by a Colorado Licensed Professional Engineer are required prior to recording the USR map. Each drainage report must include a certification of compliance stamped and signed by the PE that completed the drainage report. A Certification of Compliance form and Drainage Report Checklist can be found on the Public Works Development Review website page. The project proposes to construct a 1,000,000 -gallon water tank on the east side of County Road 13, located south of the intersection of County Road 13 and County Road 92. This location is within a Non - Urbanizing Drainage Area. The applicant has submitted a drainage narrative with a qualifying exception to stormwater detention (Exception 9: "Non -Urbanizing areas where the total pre-existing and post development impervious area produces stormwater runoff of less than, or equal to, five (5) cfs for the 1 - hour, 100 -year, storm event.") The applicant anticipates using 13 temporary staging areas within unincorporated Weld County during construction of the water pipeline. Each staging area is proposed to occupy no more than (1) acre of land. For this reason, the applicant has submitted a drainage narrative claiming that the various staging areas qualify for an exception to stormwater detention (Number 10) of the Weld County Code (Section 8-11-40.1). However, Exception 10 only applies to legally defined "parcels". Therefore, detention pond designs summarized in individual drainage reports for each staging area will be required unless the applicant demonstrates that the staging areas qualify for a different exception to stormwater detention as defined in Section 8-11-40.1, of the Weld County Code. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) Based on the proposed alignment shown in the application materials, the project alignment is not in a Weld County Municipal Separate Storm Sewer System (MS4) Area. Should the alignment change in the future, the applicant shall determine if the project falls within an MS4 area. If such is determined to be the case, the applicant shall contact Public Works for additional MS4 requirements. Questions pertaining to the MS4 requirements should be directed to the Public Works Department at 970-304-6496. The applicant shall contact each respective municipality impacted by the project and inquire about any possible MS4 areas within the pipeline limits of construction. GRADING PERMIT If more than 1 acre is to be disturbed for the construction of non -pipeline items such as structures, parking lots, laydown yards, etc., a Weld County grading permit will be required prior to the start of construction. 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, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. An early release requires a reason or hardship explaining why the applicant cannot wait until the USR map has been recorded to start grading. 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 Public Works 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. A Road Maintenance Agreement is required during construction with this pipeline project. Road maintenance may include dust control, tracking control, and damage repair attributable to construction of the pipeline and located within 1/2 mile of any construction access point for the project. (Department of Public Works) B. Final Drainage Reports and Certifications of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, are required for Booster Pump Stations 1 and 2. (Department of Public Works) C. A Final Drainage Report with a Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, or a Drainage Narrative with a qualifying exception to stormwater detention, is required for each of the 13 proposed staging areas. (Department of Public Works) D. The applicant shall submit a recorded copy of all agreements/easements signed by all owners of the property crossed by this project. All easements shall be referenced on the USR map by the Weld County Clerk and Recorder's reception number. (Department of Public Works) E. The plan shall be amended to delineate the following: 1. County Roads 4, 8, 10, 16, 22, 28, 32, 36, 40, 42, 52, 52 1/4, 56, 60, 86, 88, and 90 are gravel roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant shall delineate and label on the USR map the existing rights -of -way (along with the documents creating the existing rights -of -way) and the physical location of the roads. All setbacks shall be measured from the edge of rights -of - way. These roads are maintained by Weld County. (Department of Public Works) 2. County Road 84 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the USR map the 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 rights -of -way. These roads are maintained by Weld County. (Department of Public Works) 3. County Roads 6, 18, 20, 34, 38, 50, and 68 1/2 are paved roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as collector roads, which require 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the existing and future rights -of -way (along with the documents creating the existing rights -of - way) and the physical location of the roads. All setbacks shall be measured from the edge of rights - of -way. These roads are maintained by Weld County. (Department of Public Works) 4. County Road 13 (between County Road 92 and Highway 14) is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the 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 the future right-of-way. This road is maintained by either Larimer or Weld County. When scalable construction drawings are available (prior to construction), the applicant shall work with Public Works to determine which County is responsible for the maintenance of County Road 13 at the point of crossing. (Department of Public Works) 5. County Road 13 (between Highways 14 and 34) 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 at full buildout. The applicant shall delineate and label on the site map or plat the existing and future rights -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 the future right-of-way. This road is maintained by either Larimer or Weld County. When scalable construction drawings are available (prior to construction), the applicant shall work with Public Works to determine which County is responsible for the maintenance of County Road 13 at the point of crossing. (Department of Public Works) 6. At the point of crossing, County Road 54 (Freedom Parkway) 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 at full buildout. The applicant shall delineate and label on the site map or plat the existing and future rights -of -way (along with the documents creating the existing right-of-way) and the physical location of the roads. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. County Roads 12, 70, and 72 are section line roads. The applicant shall determine all existing section line rights -of -way and delineate them on the site plan. Label the section line rights -of -way as "CR 12 (or 70 or 72) Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the edge of the rights -of -way. (Department of Public Works) 8. Show and label the proposed access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain access permits in these locations prior to construction. (Department of Public Works) 9. Show the Colorado Department of Transportation (CDOT) rights -of -way, for State Highways 14, 34, 52, 60, 66, and 392, on the USR map along with the documents creating the rights -of -way. If applicable, show the approved CDOT access(es) on the site plan and label with the approved access permit number. (Department of Public Works) 10. The portion of County Roads 24 and 26 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Firestone. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 11. The portion of County Road 14 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Frederick. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 12. The portion of County Roads 12 1/2 and 17 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Dacono. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 13. The portion of County Roads 44 and 46 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Johnstown. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 14. The portion of County Roads 62, 64, and 66 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Windsor. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 15. The portion of County Road 78 in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Severance. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 16. The portion of County Road 74, 76, and 80 are in the vicinity of the pipeline crossing is under the jurisdiction of the Town of Timnath. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 17. Show and label the approved tracking control on the site plan. (Department of Public Works) 18. Show and label an entrance gate where applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 19. If applicable, show and label a minimum 30 -foot wide access and utility easement needed to provide legal access to the project on the site plan. (Department of Public Works) 20. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 21. Show and label the drainage flow arrows. (Department of Public Works) 22. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. The permitted accesses and required tracking control devices shall be constructed. (Department of Public Works) B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in the right-of-way and/or a special transport permit for any oversized or overweight vehicles that may access the site. (Department of Public Works) C. If more than one (1) acre of land is to be disturbed for the construction of non -pipeline activities (i.e., construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench), a Weld County grading permit will be required. (Department of Public Works) 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. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. The pipeline shall not be placed within County right-of-way, except for perpendicular crossings, unless approved by the Board of County Commissioners. (Department of Public Works) 5. 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) 6. The applicant shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 7. Access for this project may be within unmaintained County rights -of -way. The maintenance of the unmaintained rights -of -way will not be the responsibility of Weld County. (Department of Public Works) 8. The historical flow patterns and runoff amounts in the project area will be maintained. (Department of Public Works) 9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) •.''�.�86i �u r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Diana Aungst From: Lauren Light, Environmental Health Services Date: June 23, 2020 Re: USR18-0130 City of Thornton Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Permanent water and sewer is not required as this request is a temporary construction use. Screened portable toilets, hand washing units and bottled water can be utilized during construction. As the amount of disturbed area exceeds 25 acres an Air Pollution Emission Notice (APEN) is required. The 1 -million -gallon steel water tank will be designed by a registered engineer. The tank will be equipped with an emergency automatic shutdown control system. In the unlikely event there was a catastrophic failure of the tank, the discharge would flow to Black Hollow Reservoir across agricultural properties. We recommend that the following requirements be incorporated into the permit as development standards: 1. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. During construction, 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, 30-20-100.5, C.R.S. Health Administration Vital Records Icic: W/0 304 6410 Fax: 9/0-30.1-64I2 Public Health & Clinical Services lobo: 9/0 :304 6420 Fax: 9/0-304-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health 3. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the pipeline and until ground cover is established. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. 5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 6. During construction, adequate toilet facilities and handwashing units shall be provided. Screened portable toilets are acceptable. Screened portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and removed when construction is completed. 7. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: Diana Aungst DATE: June 11, 2020 FROM: Diana Aungst, CFM SUBJECT: USR18-0130, City of Thornton A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. PARCELs: Multiple PRIOR TO CONSTRUCTION: 1. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain. (Department of Planning Services - Floodplain) DELINEATE ON THE PLAT: 1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) DEVELOPMENT STANDARDS: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map. Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) Diana Aungst From: Sent: To: Cc: Subject: Diana, Henry, Jody/DEN <Jody.Henry@jacobs.com> Wednesday, July 1, 2020 1:00 PM Diana Aungst Mark Koleber RE: Referral agency comments - Other ,old County Government Thank you for your referral comments regarding the Thornton Water Project water pipeline crossing of floodplains. As indicated in the Supplemental Permit Application, Thornton will obtain Flood Hazard Development Permits and other approvals as required for floodplain crossings from Weld County or other agency as required after design has progressed. The draft USR maps show floodplain boundaries. Information will be updated if necessary and the Flood Zone and FEMA Map Panel Numbers will be added before submission of the final USR maps. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.iacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:35 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Other Jody: Please find attached the referral agency comments from the Other Districts/Agencies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daunust()a.weldgov. corn www. weldgov. corn 1 oar Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Friday, June 26, 2020 3:00 PM To: Diana Aungst Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: RE: Case No. USR18-0130 COMMENTS - Extraction Oil & Gas, Inc. ICantiion: This email originated from outside of Weld CountyGovernment. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from Extraction Oil & Gas, Inc. Thornton has reached out to Mr. Casper and has sent him additional information as requested. Thornton will continue coordination activities with Extraction Oil & Gas, Inc. as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood. CO 80112-5946 www.iacobs.com From: Mark Koleber <Mark.Koleber@thorntonco.gov> Sent: Friday, June 19, 2020 4:45 PM To: 'Sean Casper' <scasper@extractionog.com> Cc: Allyson Boies <aboies@extractionog.com>; Troy Owens <towens@extractionog.com>; Jeff Anna ble <jannable@extractionog.com>; Henry, Jody/DEN <Jody.Henry@jacobs.com>; Diana Aungst <daungst@weldgov.com>; John Himyak <John.Himyak@thorntonco.gov> Subject: [EXTERNAL] RE: Case No. USR18-0130 COMMENTS - Extraction Oil & Gas, Inc. Sean, I'll have John Himyak, our Project Engineer, contact you next week to set up a time to discuss this. Thanks Mark From: Sean Casper <scasper@extractionog.com> Sent: Friday, June 19, 2020 2:31 PM To: Diana Aungst <daungst@weldgov.com>; Henry, Jody/DEN <Jodv.Henrv@)iacobs.com>; Mark Koleber <Ma rk. Koleber@thorntonco.gov> Cc: Allyson Boies <aboies@extractionog.com>; Troy Owens <towens@extractionog.com>; Jeff Annable 1 <jannable@extractionog.com> Subject: [EXTERNAL] RE: Case No. USR18-0130 COMMENTS - Extraction Oil & Gas, Inc. Diana, If we can get clarity on the location of the line in relation to our sites from the City of Thornton and can see there's no conflict I think we'll be satisfied. Jody/Mark are you available next week to meet and discuss? Regards, Sean From: Diana Aungst <daungst@weldgov.com> Sent: Friday, June 19, 2020 11:51 AM To: Sean Casper <scasper@extractionog.com>; Henry, Jody/DEN <Jody.Henry@iacobs.com>; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Cc: Allyson Boies <aboiesPextractionog.com>; Troy Owens <towens@extractionog.com>; Jeff Annable <jannable@extractionog.com> Subject: RE: Case No. USR18-0130 COMMENTS - Extraction Oil & Gas, Inc. Sean: Thank you for your email. If you like I can set up a Skype meeting with the City of Thornton and Weld County but it might be beneficial for you work with the City directly. I have copied Jody Henry and Mark Koleber here as they are my contacts at the City. Please let me know what you decide. Feel free to contact me with any questions. Regards, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst(d)weldgov. corn www.weldoov.com lweldoov.coml fljfacebook.coml © [twitter.coml ® [voutube.coml Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 a.��rem.aa�sa�s From: Sean Casper <scasper@extractionog.com> Sent: Friday, June 19, 2020 11:39 AM To: Diana Aungst <daungst@weldgov.com> Cc: Allyson Boies <aboies@extractionog.com>; Troy Owens <towens@extractionog.com>; Jeff Annable <jannable@extractionog.com> Subject: Case No. USR18-0130 COMMENTS - Extraction Oil & Gas, Inc. Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Regarding Case No. USR18-0130 and the attached notice and corresponding map Extraction Oil & Gas is submitting the following comments: Extraction is requesting a consultation with Weld County and the City of Thornton to better understand the proposed route and scope of the project as well as more specific detail on the proposed line location. The map you provided and the coordinates you sent, which our GIS group mapped, still don't provide enough detail in regards to the specific location of the proposed project. Extraction has several operations, well and facility areas in proximity of the proposed route as well as a real estate asset which should be considered before final USR approval. Sincerely, Sean Casper Sean Casper Land Manager 370 17th Street, Suite 5300, Denver, CO 80202 Cell: 303.921.12561 Office: 720.974.7741 I E-mail: scasper rr;extractionog.com NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 3 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6th P.M., Weld County, Colorado 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 letter. Tyler Drage 06-09-2020 Signature Date Agency Front Range Fire Rescue Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax FRONT RANGE FIRE RESCUE PO Box 130, Milliken, CO 80543 970-587-4464 / Fax: 970-587-0324 Courage * Compassion * Professionalism Serving Johnstown, Milliken, and Weld County for more than 100 years USR REVIEW COMMENTS Applicant: City of Thornton Project: Thornton Water Line Location: Traverses FRFR District from north to south Plan Intake Date: 05/22/2020 Comment Date: 06/09/2020 Comments By: Tyler Drage, Deputy Chief/Fire Marshal These comments pertain to plans submitted by the City of Thornton (CO) for installation of a 48 - inch underground domestic water service line that will traverse the Front Range Fire Rescue (FRFR) response area from north to south. With regard to fire and life safety issues, all requirements of the adopted 2018 International Fire Code (IFC), including all appendices and local amendments were applied to this review. The pipeline enters FRFR jurisdiction generally near the intersection of County Road 50 and County Road 13. From there, the pipeline travels south along County Road 13 to County Road 44, where it moves east towards County Road 15. The pipeline generally follows the County Road 15 or 15.5 corridor until it leaves FRFR jurisdiction in the area of Highway 66. The application materials indicate that several associated buildings and appurtenances will accompany the water line installation project, specifically with installation of a pump station approx. 1/2 mile east of County Road 13 near the intersection with County Road 50. This pump station is described as containing a 10,000 square foot pump house building and approximately 3,000 square feet of equipment pads outside of the building. Paved access and parking will be constructed and the remaining disturbed areas, including vegetation, will be restored to pre - construction conditions. Lighting will be installed for security and will comply with WCC. Six-foot high chain link fencing with barbed wire for security will be located around the perimeter of the site. The pump station will also include installation of three 2 -MW diesel generators with approximately 4,150 -gallon underbelly tanks will be installed, if required. In this arrangement, approximately 12,500 gallons of diesel fuel will be stored onsite. THESE PLANS ARE APPROVED BY FRONT RANGE FIRE RESCUE, WITH THE FOLLOWING REQUIREMENTS. 1. At least one (1) week prior to beginning any construction activities within FRFR jurisdiction, the Applicant shall notify the Fire District that construction activities will commence. Throughout the duration of the construction project, the Applicant shall provide and maintain appropriate emergency vehicle access throughout all areas of construction. 2. The Applicant shall provide a detailed site plan of the proposed pump station for Fire District review and approval prior to beginning any site development activities. The Applicant shall comply with all Fire District requirements noted during this plan review process. FRFR Comments: Thornton Water Line (USR18-0130) State of Colorado Fire Inspector 111/Plans Examiner cert # 136302270 State of Colorado Fire Suppression Plans Examiner cert # 186706560 Page 1 FRONT RANGE FIRE RESCUE PO Box 130, Milliken, CO 80543 970-587-4464 / Fax: 970-587-0324 Courage * Compassion * Professionalism Serving Johnstown, Milliken, and Weld County for more than 100 years 3. The Applicant shall apply for a Fire District building construction permit for any temporary and/or permanent buildings to be constructed for the pump station. The Applicant shall comply with all Fire District requirements noted during this plan review process. 4. The Applicant shall provide to the Fire District a detailed hazardous materials inventory statement (HMIS) for any and all hazardous materials intended to be used, stored, distributed, and/or produced on site. The Applicant shall update and maintain this HMIS throughout the duration of pump station operations. Based on types and quantities of hazardous materials proposed for the site, the Applicant shall apply to the Fire District for all necessary hazardous materials permits. 5. The Applicant shall develop and maintain a hazardous materials management plan (HMMP), and provide such to the Fire District, to ensure that all potential emergency situations are thoroughly identified and addressed. The Applicant shall update and maintain this HMMP throughout the duration of pump station operations. 6. Upon completion of pump station construction and all final Fire District inspections, the Fire District shall grant the Applicant an annual Hazardous Materials Operations permit. This permit shall be required to be renewed annually, subsequent to completion of an annual fire inspection. FRFR Comments: Thornton Water Line (USR18-0130) State of Colorado Fire Inspector 111/Plans Examiner cert # 136302270 State of Colorado Fire Suppression Plans Examiner cert # 186706560 Page 2 Diana Aungst From: Ty Drage <tdrage@frfr.co> Sent: Thursday, July 2, 2020 2:10 PM To: Henry, Jody/DEN Cc: Diana Aungst; Mark Koleber - Thornton Subject: RE: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks, Jody. The pipeline installation contractor actually stopped by the station a couple days ago to touch base with us. I look forward to working with the City on this project! Ty Ty Drage Front Range Fire Rescue Deputy Chief— Life Safety Fire Marshal/Emergency Manager 101 S Irene Ave, PO Box 130 Milliken, CO 80543 Office: 970-587-4464 Cell: 970-590-4179 "Change is inevitable. Growth is optional." -John C. Maxwell .11,_; .I7.1I From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Thursday, July 2, 2020 11:09 AM To: tdrage@frfr.co Cc: Diana Aungst <daungst@weldgov.com>; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Subject: RE: USR18-0130 Dear Mr. Drage, Thank you for your comments regarding the Use by Special Review permit application for the Thornton Water Project (TWP) located in unincorporated Weld County. Diana Aungst at Weld County forwarded your comments to us. Your comments are shown below in italic text followed by Thornton's response in normal text. 1 1. At least one (1) week prior to beginning any construction activities within FRFR jurisdiction, the Applicant shall notify the Fire District that construction activities will commence. Throughout the duration of the construction project, the Applicant shall provide and maintain appropriate emergency vehicle access throughout all areas of construction. Thornton and/or Thornton's contractors will coordinate activities with FRFR and appropriate emergency vehicle access will be maintained throughout all areas of construction. 2. The Applicant shall provide a detailed site plan of the proposed pump station for Fire District review and approval prior to beginning any site development activities. The Applicant shall comply with all Fire District requirements noted during this plan review process. 3. The Applicant shall apply for a Fire District building construction permit for any temporary and/or permanent buildings to be constructed for the pump station. The Applicant shall comply with all Fire District requirements noted during this plan review process. Before beginning any site development activities for the pump station, Thornton will prepare and submit plans, construction permit applications, and other submittals in accordance with applicable codes and requirements for FRFR review and approval. Design, construction, and operations will comply with agreed upon comment resolution. 4. The Applicant shall provide to the Fire District a detailed hazardous materials inventory statement (HMIS) for any and all hazardous materials intended to be used, stored, distributed, and/or produced on site. The Applicant shall update and maintain this HMIS throughout the duration of pump station operations. Based on types and quantities of hazardous materials proposed for the site, the Applicant shall apply to the Fire District for all necessary hazardous materials permits. Before start of pump station operations, Thornton will provide a HMIS to FRFR for any hazardous materials intended to be used and/or stored on site in accordance with applicable codes and requirements. The HMIS will be updated and maintained throughout the duration of pump station operations. Thornton will apply for and obtain necessary hazardous materials permits as required. No hazardous materials will be distributed and/or produced on site. 5. The Applicant shall develop and maintain a hazardous materials management plan (HMMP), and provide such to the Fire District, to ensure that all potential emergency situations are thoroughly identified and addressed. The Applicant shall update and maintain this HMMP throughout the duration of pump station operations. Before start of pump station operations, Thornton will provide a HMMP to FRFR for any hazardous materials intended to be used and/or stored on site in accordance with applicable codes and requirements. Thornton will work with FRFR to ensure that all potential emergency situations are thoroughly identified and addressed in the plan. The HMMP will be updated and maintained throughout the duration of pump station operations. 6. Upon completion of pump station construction and all final Fire District inspections, the Fire District shall grant the Applicant an annual Hazardous Materials Operations permit. This permit shall be required to be renewed annually, subsequent to completion of an annual fire inspection. Noted. Thornton will annually renew applicable permits and complete fire inspections as required for pump station operations. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs 2 D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.iacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, June 11, 2020 8:36 AM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Subject: [EXTERNAL] FW: USR18-0130 Hi — Please see the comments from FRFR. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Ty Drage <tdrage@frfr.co> Sent: Wednesday, June 10, 2020 9:45 AM To: Diana Aungst <daungst@weldgov.com> Subject: RE: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sorry...forgot to actually attach the Referral form Ty From: Ty Drage <tdrage@frfr.co> Sent: Wednesday, June 10, 2020 9:41 AM To: 'Diana Aungst' <daungst@weldgov.com> Subject: RE: USR18-0130 Good morning, Diana. I've completed the review for the proposed Thornton Water Line and my referral form and comments are attached. Please let me know if you have any questions. Thanks! Ty Ty Drage Front Range Fire Rescue Deputy Chief— Life Safety Fire Marshal/Emergency Manager 3 101 S Irene Ave, PO Box 130 Milliken, CO 80543 Office: 970-587-4464 Cell: 970-590-4179 "Change is inevitable. Growth is optional." -John C. Maxwell Fire Marsha From: Diana Aungst <daungst@weldgov.com> Sent: Wednesday, May 27, 2020 9:33 AM To: Kristine Ranslem <kranslem@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us>; Mettenbrink - DNR, Chris<chris.mettenbrink@state.co.us>; jason.duetsch@state.co.us; denise.kostiv@state.co.us; Grooms - DNR, Michael <michael.grooms@state.co.us>; Muller - DNR, Brandon <brandon.muller@state.co.us>; Florian - DNR, Troy <troy.florian@state.co.us>; carlson@mines.edu; jkrieger@cityofdacono.com; mostholthoff@firestoneco.gov; Hodges Todd <thodges@fortlupton.org>; Stephanie Darnell <sdarnell@Fortluptonco.gov>; Alyssa Knutson <AKnutson@Fortluptonco.gov>; ckennedy@townofinead.org; kdeuter@townofmead.org; jfettig@townofinead.org; dbrand@plattevillegov.org; Troy Renken <trenken@plattevillegov.org>; Melissa Kendrick <kendrickplanning@gmail.com>; dmillion@plattevillegov.org; Jennifer Simmons <JSimmons@FrederickCO.gov>; 'Moss, Douglas C' <mossd@wcsdrel.org>; amcfarland@northglenn.org; 'bsmith@northglenn.org' <bsmith@northglenn.org>; kkoelbel@timnathgov.com; moregan@timnathgov.com; Scott Ballstadt <sballstadt@windsorgov.com>; cbarkeen@windsorgov.com; planningtechs@windsorgov.com; abarzak@townofseverance.org; Mitch Nelson <mnelson@townofseverance.org>; 'nwharton@townofseverance.org' <nwharton@townofseverance.org>; cfreese@berthoud.org; Matt LeCerf <mlecerf@townofjohnstown.com>; Kim Meyer <kmeyer@townofjohnstown.com>; pmcclenahan@millikenco.gov; cpowell@millikenco.gov; Brad Mueller (Brad.Mueller@greeleygov.com) <Brad.Mueller@greeleygov.com>; mike.garrott@greeleygov.com; carol.kuhn@greeleygov.com; Danielle Davis<danielle.davis@greeleygov.com>; Itart-schoenfelder@adcogov.org; ashannon@bouldercounty.org; planner@bouldercounty.org; ellislk@larimer.org; planreviews@brightonfire.org; prevention@mvfpd.org; Doug Saba <dsaba@mvfpd.org>; LuAnn Penfold <Ipenfold1101@gmail.com>; ptiffany@ftluptonfire.com; mdittman@ftluptonfire.com; ttamlin@ftluptonfire.com; dpuccetti@fffd.us; siacino@fffd.us; Jeff Cogburn <jcogburn@pgfpd.org>; nunnfire@ezlink.com; sfriedrichsen@wsfr.us; Ty Drage <tdrage@frfr.co>; rbateman@frfr.co; bcoviollo@frfr.co; cchamplin@frfr.co; jlynxwiler@poudre-fire.org; scarter@poudre-fire.org; adam.ferrell@aultpiercefire.org; rjallen4686@msn.com; Feula, Heidi <feulaheidi@svvsd.org>; Robert Ring <rring@weldre9.k12.co.us>; cmoore@weld8.org; jholbrook@weld8.org; akaylor@weld8.org; ssanders@weld8.org; Jason Seybert <jason.seybert@weldre4.org>; leslie.arnold@weldre5j.org; roxanne@cwcwd.com; Kathy Naibauer <kathy@cwcwd.com>; Leann Koons <leannk@nwcwd.org>; jaredr@nwcwd.org; beaton@ltwd.org; Scott Edgar <scott@farmersres.com>; Eve Craven <Eve@farmersres.com>; tomalley@saddlebackgolf.com; corky@what-wire.com; Garrett Varra <gvarra@varracompanies.com>; colorado@fws.gov; dale@newcache.com; mlvetter@msn.com; highlandditch@aol.com; rbglic808@aol.com; info@eatonditch.com; npic@qwest.com; dharmon@wtrsupply.com; shummer@npicwater.com; rvonbernuth@watervalley.com; jcrois1017@aol.com; stevebacon@kindermorgan.com; briannave@kindermorgan.com; richprouty@kindermorgan.com; Idhagenlock@dcpmidstream.com; avistica@extractionog.com; water@greeleygov.com; jaysonvanshura@oxy.com; 'Billadeau, Jake' <Jake.Billadeau@anadarko.com>; tony.cabral@anadarko.com; tmiller@sbpipeline.com; Lucas McConnell 4 <Lucas.a.mcconnell@xcelenergy.com> Subject: RE: USR18-0130 Greetings: Please note that this application is for the entire length of the pipeline. The 2020 documents are towards the end of the attachments. Please contact me with any questions. Thanks, Diana Weld County Department of Planning Services 970-400-3524 daungst(d weldgov.corn From: Kristine Ranslem <kranslem@weldgov.com> Sent: Friday, May 22, 2020 11:42 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us>; Mettenbrink - DNR, Chris<chris.mettenbrink@state.co.us>; jason.duetsch@state.co.us; denise.kostiv@state.co.us; Grooms - DNR, Michael <michael.grooms@state.co.us>; Muller - DNR, Brandon <brandon.muller@state.co.us>; Florian - DNR, Troy <troy.florian@state.co.us>; carlson@mines.edu; jkrieger@cityofdacono.com; mostholthoff@firestoneco.gov; Hodges Todd <thodges@fortlupton.org>; Stephanie Darnell <sdarnell@Fortluptonco.gov>; Alyssa Knutson <AKnutson@Fortluptonco.gov>; ckennedy@townofinead.org; kdeuter@townofmead.org; jfettig@townofmead.org; dbrand@plattevillegov.org; Troy Renken <trenken@plattevillegov.org>; Melissa Kendrick <kendrickplanning@gmail.com>; dmillion@plattevillegov.org; Jennifer Simmons <JSimmons@FrederickCO.gov>; 'Moss, Douglas C' <mossd@wcsdrel.org>; amcfarland@northglenn.org; 'bsmith@northglenn.org' <bsmith@northglenn.org>; kkoelbel@timnathgov.com; moregan@timnathgov.com; Scott Ballstadt <sballstadt@windsorgov.com>; cbarkeen@windsorgov.com; planningtechs@windsorgov.com; abarzak@townofseverance.org; Mitch Nelson <mnelson@townofseverance.org>; 'nwharton@townofseverance.org' <nwharton@townofseverance.org>; cfreese@berthoud.org; Matt LeCerf <mlecerf@townofjohnstown.com>; Kim Meyer <kmever@townofjohnstown.com>; pmcclenahan@millikenco.gov; cpowell@millikenco.gov; Brad Mueller (Brad.Mueller@greeleygov.com) <Brad.Mueller@greeleygov.com>; mike.garrott@greeleygov.com; carol.kuhn@greeleygov.com; Danielle Davis<danielle.davis@greeleygov.com>; Itart-schoenfelder@adcogov.org; ashannon@bouldercounty.org; planner@bouldercounty.org; ellislk@larimer.org; planreviews@brightonfire.org; prevention@mvfpd.org; Doug Saba <dsaba@mvfpd.org>; LuAnn Penfold <Ipenfold1101@gmail.com>; ptiffany@ftluptonfire.com; mdittman@ftluptonfire.com; ttamlin@ftluptonfire.com; dpuccetti@fffd.us; siacino@fffd.us; Jeff Cogburn <jcogburn@pgfpd.org>; nunnfire@ezlink.com; sfriedrichsen@wsfr.us; Ty Drage <tdrage@frfr.co>; rbateman@frfr.co; bcoviollo@frfr.co; cchamplin@frfr.co; jlynxwiler@poudre-fire.org; scarter@poudre-fire.org; adam.ferrell@aultpiercefire.org; rjallen4686@msn.com; Feula, Heidi <feula_heidi@svvsd.org>; Robert Ring <rring@weldre9.k12.co.us>; cmoore@weld8.org; jholbrook@weld8.org; akaylor@weld8.org; ssanders@weld8.org; Jason Seybert <jason.seybert@weldre4.org>; leslie.arnold@weldre5j.org; roxanne@cwcwd.com; Kathy Naibauer <kathy@cwcwd.com>; Leann Koons <leannk@nwcwd.org>; jaredr@nwcwd.org; beaton@ltwd.org; Scott Edgar <scott@farmersres.com>; Eve Craven <Eve@farmersres.com>; tomalley@saddlebackgolf.com; corky@what-wire.com; Garrett Varra <gvarra@varracompanies.com>; colorado@fws.gov; dale@newcache.com; mlvetter@msn.com; highlandditch@aol.com; rbglic808@aol.com; info@eatonditch.com; npic@qwest.com; dharmon@wtrsupply.com; shummer@npicwater.com; rvonbernuth@watervalley.com; jcrois1017@aol.com; stevebacon@kindermorgan.com; brian_nave@kindermorgan.com; richprouty@kindermorgan.com; Idhagenlock@dcpmidstream.com; avistica@extractionog.com; water@greeleygov.com; jayson_vanshura@oxy.com; 'Billadeau, Jake' <Jake.Billadeau@anadarko.com>; tony.cabral@anadarko.com; tmiller@sbpipeline.com; Lucas McConnell <Iucas.a.mcconnell@xcelenergy.com> 5 Cc: Diana Aungst <daungst@weldgov.com> Subject: USR18-0130 The Weld County Planning Department has received a Use by Special Review (USR) application, case USR18-0130, in which your agency may have an interest. Planning staff requests you review the application materials and return the attached Referral Form to daungst@weldgov.com by the date specified on the Referral Form. To access application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx. Then, • Click on "Planning" tab on the menu bar • Under General Search, type case USR18-0130, into the Record Number box and search • Click on the "Record Info" arrow drop -down menu • Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at (970) 400-3524 Thank you! KYGS GI to RR Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 6 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6th P.M., Weld County, Colorado 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 letter. Andrew Rosen 6-19-2020 Signature Date Agency Poudre Fire Authority Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Phone: 970-221-6570 102 Remington Street Fax: 970-221-6635 Fort Collins, Co 80524 Internet: www.poudre-fire.org TO: Diana Aungst, Weld County Planner. daungst@weldgov.com FROM: Andrew Rosen, Fire Protection Technician, arosen@poudre-fire.org PROJECT: Thornton Water Pipeline WELD COUNTY CASE NUMBER: USR18-0130 COMMENT DATE: 6-19-2020 All PFA comments will remain active until acknowledged and resolved by applicant GENERAL PROJECT COMMENTS As part of the Larimer County review process Poudre Fire Authority (PFA) has had discussions with the project team and all the previously provided comments will remain applicable as the pipeline progresses into Weld County. The agreed comments include: >Any future submittals will be reviewed under the Fire Code edition adopted at that time >PFA is requesting a copy of the Emergency Operations Plan for the project as soon as it becomes available. >This is a complex and evolving project which we expect will be developed in phases and a phasing plan should be provided to PFA for approval. PFA is requesting involvement in all the pre -phase and other relevant meetings. >PFA is requesting regular updates on full or partial lane closures for all roads impacted. >It is noted on the provided plan that the pipeline will be remote from the county road or public right of way in places. The project team has agreed that access capable of supporting 40T will be provided during construction to facilitate an emergency response to these remote areas. This is only required during the construction phase. Page 1 of 2 Phone: 970-221-6570 102 Remington Street Fax: 970-221-6635 Fort Collins, Co 80524 Internet: www.poudre-fire.org >A system of wayfinding shall be devised to assist with prompt emergency response. Code compliant access to all parts of the pipeline installation activities should be clearly identified in the initial Emergency Operational Plan provided to PFA and presented at each phase meeting. >It is noted in the provided documents that no on -site fuel storage is planned for the pipeline construction. Any fuel trucks and fueling operations will comply with the fire code current at that time. Page 2 of 2 Diana Aungst From: Sent: To: Cc: Subject: Andrew Rosen <arosen@poudre-fire.org> Wednesday, July 8, 2020 3:53 PM 'Henry, Jody/DEN' Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) RE: Referral agency comments - Fire Districts eta; This email originated from outside �fWel t rider and know the content is safe. Thank you very much for the follow-up. Rohe _ a"'Authority gior WIT MUM COU*AD° linty Government. Do not click links or open attachments noless you recognize the Andrew Rosen Fire Protection Technician Fire Prevention & Community Risk Reduction 102 Remington St. Fort Collins, CO 80524 arosen@poudre-fire.org From: Henry, Jody/DEN [mailto:Jody.Henry@jacobs.com] Sent: Wednesday, July 08, 2020 11:14 AM To: Andrew Rosen Cc: Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: [EXTERNAL] FW: Referral agency comments - Fire Districts Mr. Rosen, Thank you for your comments regarding the Thornton Water Project (TWP). Diana Aungst at Weld County forwarded your comments to us. PFA comments are shown in italic text and responses to those comments are provided below in normal text. > Any future submittals will be reviewed under the Fire Code edition adopted at that time. Noted. > PFA is requesting a copy of the Emergency Operations Plan for the project as soon as it becomes available. A draft TWP Emergency Incident Action Plan (Plan) for operation of the TWP is included in the Weld County USR Supplemental Permit Application. The Plan will be further developed during detailed design. Thornton anticipates coordination with PFA during final development of the Plan. Thornton's contractors will be responsible for safety of their construction site during the construction of the TWP. The TWP contractors will develop safety plans that will include an emergency response plan for the construction phase of the TWP. Safety plans will be written to include identification of emergency response agencies near the TWP area, including how and when to communicate with emergency responders as applicable. TWP contractors will be required to comply with applicable laws and regulations, including code compliance. Copies of safety plans will be provided to PFA once developed by the TWP contractors. i > This is a complex and evolving project which we expect will be developed in phases and a phasing plan should be provided to PFA for approval. PFA is requesting involvement in all the pre -phase and other relevant meetings. Thornton is early in the design phase for the pipeline segment within PFA's district boundary in Weld County. Thornton will coordinate design and construction activities applicable to PFA and will involve PFA in relevant meetings. > PFA is requesting regular updates on full or partial lane closures for all roads impacted. Thornton will notify and update PFA on full and partial lane closures within or adjacent to PFA's district boundaries. > It is noted on the provided plan that the pipeline will be remote from the county road or public right of way in places. The project team has agreed that access capable of supporting 40T will be provided during construction to facilitate an emergency response to these remote areas. This is only required during the construction phase. Thornton or its TWP contractors will provide an access road capable of supporting 40T in case emergency response is required during the construction phase of the project. > A system of wayfinding shall be devised to assist with prompt emergency response. Thornton will coordinate with PFA to develop an appropriate wayfinding system. >Code compliant access to all parts of the pipeline installation activities should be clearly identified in the initial Emergency Operational Plan provided to PFA and presented at each phase meeting. Thornton's contractors will be responsible for safety of their construction site during the construction of the TWP. TWP contractors will be required to comply with applicable laws and regulations, including code compliance regarding access to the pipeline installation areas. Copies of safety plans will be provided to PFA once developed by the TWP contractors. > It is noted in the provided documents that no on -site fuel storage is planned for the pipeline construction. Any fuel trucks and fueling operations will comply with the fire code current at that time. Fueling and fuel storage operations will be required to comply with the fire code current at the time of construction. Thank you, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood. CO 80112-5946 www.jacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:56 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] RE: Referral agency comments - Fire Districts 2 Jody: I added the PFA referral in with the rest of them. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Diana Aungst Sent: Saturday, June 27, 2020 4:27 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: Referral agency comments - Fire Districts Jody: Please find attached the referral agency comments from the fire districts received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(d. weldgov.com www. weldgo v. corn Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by inintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 3 JUN 16 2020 Aft.:Northern Water Northern Colorado Water Conservancy District 220 Water Avenue • Berthoud, Colorado 80513 800-369-7246 • www.northernwater.org June 11, 2020 Diana Aungst Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 vv4lu County Pl:ri i g ue: , GREELEY OFFICE Re: Northern Water's response to City of Thornton's Site Specific Development Plan and Special Review Permit, Case No. USR18-0130 Dear Ms. Aungst: Northern Water received your Weld County Referral seeking review and recommendations for the city of Thornton's permit application (Case No. USR18-0130) for a "permanent 42 -inch pipeline and associated appurtenances, including, but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements." The location is described as North of CR 2, South of CR 94, East of CR 13, and West of CR 19. Thornton's proposed pipeline will cross the following facilities operated by Northern Water: the Fort Lupton/Hudson pipeline (part of the Southern Water Supply Pipeline or "SWSP"); and with the Coal Ridge section of the South Platte Supply Canal ("SPSC"). The recommendations included in this letter are similar to comments Northern Water has provided to Thornton on the SPSC crossings as well as concerns with Thornton's proposed pipeline running parallel with the SPSC. Additionally, Northern Water and Thornton entered stipulations in Thornton's condemnation proceedings. As stipulated by the parties, Thornton "shall seek to enter into a mutually acceptable crossing agreement with Northern Water to cross the South Platte Supply Canal on the Parcel before construction of the Thornton Water Project (other than pre -construction survey and other non -ground -disturbing work) begins on the Parcel." [Cases 2019CV309, 2019CV30980, and 2019CV30982 115]. Also, Thornton agreed, "This stipulation does not affect in any way a commitment made by Petitioner to Weld County regarding USR18-0130 to, prior to the plat maps being recorded: 'Provide evidence to the [Weld County] Department of Planning Services that crossing agreements with the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company ha[ve] been entered into for all crossings of the South Platte Supply Canal/Coal Ridge Ditch and that the concerns of the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company concerning increased seepage from the Canal have been addressed.— [Cases 2019CV309, 2019CV30980, and 2019CV30982 111 0]. Diana Aungst Page 2 June 11, 2020 With regard to Thornton's potential crossing with Northern Water's SWSP pipeline at County Line Road north of Hwy 66, we request that Weld County consider including a condition in Thornton's permit requiring Thornton to notify Northern Water prior to construction and share construction designs. This will allow both parties to ensure protections and clearances in accordance with Northern Water's Pipeline Crossing Standards, which are included with this letter. We appreciate Weld County providing Northern Water an opportunity to review and comment on this request. Sincerely, Jim L. Struble, SR/WA Real Estate Manager cc: John Himyak, Thornton Water Project Engineer Northern Water Northern Colorado Water Conservancy District Guidelines Regarding Use and Crossings of ROW and Facilities The following guidelines provide general information about procedures and requirements regarding the use and crossings of Northern Colorado Water Conservancy District (Northern Water) owned Right -of -Way (ROW), Easements, Pipelines, and other utilities. These guidelines include four sections —Work within ROW, Design and Submittal Requirements, Construction Notification Requirements, and Northern Water Contacts. Section 1.0 — Work within ROW Most of the ROW used by Northern Water are easement deeds granted by either present or former landowners. These agreements identify what may be done within the easement boundaries and protect the interests of both Northern Water and the landowner. Prior to work within ROW, Northern Water recommends the landowner, engineer, developer, or any third - party entity interested in work within the ROW reads the easement deed particular to each pertinent parcel of land. Most work within the ROW requires review and written approval by Northern Water prior to construction. Construction work also requires notification, so a Northern Water representative can be present. 1) Work within ROW that Requires Written Approval: a) Any activity requiring excavation or placement of fill b) Any and all crossings such as underground utilities (wet and dry), roads, driveways, sidewalks, light poles, drainage ditches, etc. c) Any land development activities d) Installation of posts or fences e) Large truck traffic crossings, even if only used temporarily f) Trenchless crossings (boring, horizontal directional drilling, etc.) 2) Work with ROW that Requires Notification and Northern Water Representative Presence (See Section 3.0 below regarding Construction Notification Requirements): a) Potholing the water pipeline or any associated Northern Water utilities b) Trenchless crossings after Written Approval c) Any excavation or construction within the ROW/ Easement after Written Approval Page 1 of 4 Section 2.0 - Design and Submittal Requirements Northern Water reviews proposed developments to ensure the protection of Northern Water's pipelines and rights within the easement to access, maintain, inspect, locate, repair, alter, or remove and replace existing and future pipelines. Northern Water may require the submission of additional information during the review. 1) Submittal Requirements a) The encroaching entity shall provide Northern Colorado Water Conservancy District (Northern Water) with a set of preliminary drawings for review showing all aspects of the proposed facilities within and in the vicinity of Northern Water's ROW. This should include all proposed work within the ROW, including grading, wet and dry utilities, fencing, structures, etc. b) The encroaching entity shall provide final construction drawings, incorporating Northern Water's comments, showing all aspects of the proposed facilities within and in the vicinity of Northern Water's ROW. Only facilities shown on drawings reviewed by Northern Water will be approved for installation. c) During construction, any drawing revisions that affect facilities proposed to be placed on Northern Water's ROW must be approved by Northern Water in writing. d) The encroaching entity shall also provide a set of "as -built drawings" and submit to Northern Water, showing the final location of all facilities within and in the vicinity of Northern Water's ROW upon completion of the work. 2) Design Requirements a) Foreign utility installations, IE, distribution gas, oil and gas gathering, water, electric, telephone, cable and sewer lines, etc., may cross perpendicular to Northern Water's pipeline within the ROW, provided that a minimum of eighteen inches (18 -inches) of vertical clearance is maintained between Northern Water pipeline(s) and the foreign utility. Constant line elevations must be maintained across Northern Water's entire ROW width. Foreign line crossings below the Northern Water pipeline must be evaluated by Northern Water to ensure that a significant length of the Northern Water line is not exposed and unsupported during construction. Foreign line crossings above the Northern Water pipeline with less than 18 -inches of clearance must be evaluated by Northern Water to ensure that additional support is not necessary to prevent settling on top of the pipeline. b) Backfill around the new utility crossing shall be compacted to 95% maximum density. Backfill around Northern Water pipeline shall be either sand bedding or 3/8 -inch crushed rock and shall be compacted to 95% maximum density. Care shall be taken to ensure compaction under the Northern Water pipeline and above the new utility. Native Page 2 of 4 material above the pipe shall be compacted to 90% maximum density. Alternately, CLSM may be utilized around the crossing if approved by Northern Water. c) Construction of any permanent structure within Northern Water ROW is not permitted, including, but not limited to, manholes, junction structures, vaults, above -grade appurtenances, valve boxes, curb inlets, etc. d) Planting of shrubs and trees is not permitted on Northern Water pipeline easement without permission of Northern Water. e) Foreign utilities shall not run parallel to Northern Water pipelines within the Northern Water easement. f) Northern Water's pipelines are protected by cathodic protection systems, including both impressed current and galvanic anode systems. For all crossings, care shall be taken not to damage the tape or poly coating of the Northern Water pipeline. i) If foreign utility is plastic or of a non-conductive material, no further cathodic protection design is needed. ii) If foreign utility is metal and/or has a cathodic protection system, an above grade test station shall be installed at the crossing. The test station shall include 4x #4 - wires (2 to each pipeline) and a galvanized steel post. Foreign pipeline entity and Northern Water to determine whether systems shall be bonded or not. Test station detail, layout, and location to be approved by Northern Water. Section 3.0 — Construction Notification Requirements A Northern Water representative is to be present on site to observe construction activities in and around the Northern Water ROW. Procedures for different types of construction activities are listed below. 1) Potholing a) Call with a 48 -hour notice to inform Northern Water representative for reason of pothole and schedule time and date. b) Call Northern Water representative when finished with potholing so the pipe can be inspected by Northern Water representative. 2) Trenchless Crossings (Boring, Directional Drilling, Etc.) a) Call with a 48 -hour notice to schedule with Northern Water representative. b) Northern Water representative must be present during trenchless crossing activities. c) Pipeline must have the top of the pipe exposed for crossings over the top and & 18 - inches below bottom of pipe for crossings under the pipe at the point of the bore to be sure clearance is maintained. Page 3 of 4 3) Crossing & Close Proximity Work a) Call with a 48 -hour notice to schedule with Northern Water representative. b) Representative must be present when digging within 10 -ft of pipeline. c) Contractor must be ready to dig when Northern Water representative arrives at pre - scheduled time. d) A Northern Water representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the Northern Water facility. 4) Other Work a) Call with a 48 -hour notice to inform Northern Water of any other work within the ROW, Northern Water staff will determine if other work requires on site observance or not. Section 4.0 — Northern Water Contacts Contacts are listed below. Third -party entity is responsible for making contact with Northern Water and should call the general Northern Water phone line if individual contacts are not responsive. Person Role Phone Number Northern Water (General) Transfer to Real Estates Services 800-369-7246 Jim Struble Real Estate Services 970-622-2243 Brian Flockhart Real Estate Services 970-622-2270 Kevin Waller Right -of -Way Management Specialist 970-685-2808 Wade Dones Right -of -Way Management Specialist 970-685-2804 Stephanie Cecil Engineering 970-622-2231 Page 4 of 4 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28. 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6'" P.M., Weld County, Colorado 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 a 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. Digitally signed by Kathy Naibauer Signature Date: 2020.06.15 14:15:50 -06'00' Agency Central Weld County Water District 6/15/20 Date Weld County Planning Dept 1555 N 17th Ave Greeley CO. 80631 (970) 400-6100 (970) 304-6498 fax CENTRAL WELD COUNTY WATER DISTRICT June 15, 2020 Diana Aungst Weld County Department of Planning Services Dear Ms. Aungst, Thank you for referring project USR 18-0130 to Central Weld County Water District (CWCWD) for additional review. CWCWD serves a significant portion of the area that will be traversed by the proposed pipeline. Upon review of the updated maps for the Thornton pipeline, we identified approximately twenty separate waterline crossings of our existing infrastructure. Requirements for each line crossing must be considered individually as there are variables regarding pipe material and diameter involved on our end. CWCWD is requesting that Weld County Planning require that the applicant set up a meeting with District representatives, prior to approval of the application, to discuss proposed installation methods and address specific concerns and requirements. Stan Linker, our District Manager, can be reached at 970 352 1284 to coordinate a meeting. If you should need anything further, please contact the District. Thank you, Kathy Naibauer Central Weld County Water District 970-352-1284 kathVa.cwcwd.com 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Wednesday, July 8, 2020 2:34 PM To: Diana Aungst Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: FW: Referral agency comments - Water and School Districts Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from Central Weld County Water District (CWCWD). Thornton has reached out to CWCWD's District Manager and coordination of the TWP water pipeline crossings of CWCWD facilities has started. Thornton will continue coordination activities with CWCWD as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.iacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:30 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Water and School Districts Jody: Please find attached the referral agency comments from the Water and School Districts received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a4weldgov.com www. weldgov. com 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 Submittiy Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6th P.M., Weld County, Colorado 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 kiterests. See attached letter. Signature Agency North Weld County Water District Date 6/18/2020 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax ESTABO SITED June 18, 2020 NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE, CO 80646 P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997 WWW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG Weld County Department of Planning Services Case Number USR18-0130 Planner: Diana Aungst Dear Ms. Aungst, North Weld County Water District (NWCWD) has been in contact with The City of Thornton to discuss potential conflicts/concerns with regard to the new water pipeline project and requires that the City of Thornton continue to include NWCWD in the design review process. The proposed City of Thornton pipeline crosses and parallels NWCWD's Transmission & Distribution Lines in several locations along the WCR 13 corridor. The City of Thornton will be required to complete NWCWD crossing applications, and potentially crossing agreements, for each proposed crossing of NWCWD infrastructure. Extensive coordination will be paramount between The City of Thornton and NWCWD for all portions of the alignment where the proposed pipeline crosses and/or parallels NWCWD's infrastructure. Please let us know if you have any questions. Thank you, Jared Rauch Inspector / Field Engineer jaredr@nwcwd.org Diana Aungst From: Sent: To: Cc: Subject: Henry, Jody/DEN <Jody.Henry@jacobs.com> Friday, June 19, 2020 1:34 PM jaredr@nwcwd.org Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) FW: NWCWD Referral Response: USR18-0130 autlan: This e mall originated fray onder and know the content is Mr. Rauch, 'di 'rof;WetdCounty Government. Do not click linksor open attachments unless you recognize thi Thanks for your response to Weld County's referral on the Thornton Water Project. Your comments and requirements have been noted. Thornton will continue coordination of the Thornton Water Project with North Weld County Water District and will complete crossing applications as appropriate. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719)440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.jacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Friday, June 19, 2020 9:01 AM To: Henry, Jody/DEN <Jody.Henrv@iacobs.com> Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Subject: [EXTERNAL] FW: NWCWD Referral Response: USR18-0130 Hi — Please find attached the comments from the NWCWD. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Jared Rauch <iaredr@nwcwd.org> Sent: Thursday, June 18, 2020 4:44 PM To: Diana Aungst <daungst@weldgov.com> Subject: NWCWD Referral Response: USR18-0130 1 Coon i Governmenor bpern,ett ct fi rat Unless �rou Diana, We have reviewed the attached referral. Please see Letter attached to referral form for details. Thank you, Jared Rauch Inspector / Field Engineer North Weld County Water District PO Box 56 ^' 32825 WCR 39 Lucerne, CO 80646 P: 970.356.3020 F: 970.395.0997 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 HIGHLAND DITCH COMPANY USR18-0130 30 6/19/20 Referral — Application(s) P. O. Box 649, Mead CO 80542-0649 970.535.4531 -e-mail Hi2hlandditch(i4aol.com RE: Application(s) and or Referral(s) Highland Ditch Company reserves its rights as a mutual ditch company organized under C.R.S. §§ 7-42-101 et seq. to maintain its ditches, reservoirs, and appurtenant structures for all reasonable and necessary purposes related to the ditch. See C.R.S. § 37-86-103 (2019). Listed below are some of Highland Ditch Company's requirements: 1) Reimbursement Letter agreeing to cover expenses of review including engineering, legal, and administrative although there are no assurances that project will ultimately be approved 2) Easement protection 3) Drainage plans 4) Engineering Plans and Specifications, no agreements will be executed until final plans are submitted and approved 5) License Agreement 6) Review of all referrals submitted 7) Access specification including location, extent, timing, and purpose 8) Access without interference on both sides of the ditch 9) Protection from increased storm flow(s) 10) Private, local, state and federal permits and requirements 11) Agreement(s) with other pertinent parties 12) Debris removal, erosion protection, prevention of increased ditch loss 13) Vegetation, trees and extra 14) Safety, security, liability, indemnification 15) Utility locations 16) Locates 17) 811 18) Maintenance 19) Specific requirements per area do apply! Highland Ditch Company has a sixty -foot historical prescriptive easement on either side of the ditch and from the edge of the ditch bank; however, more than sixty -foot maybe needed to maintain, operate, repair, and replace the ditch for any reason. Thank you, pa a. Batt'. Office Manager and Secretary of the Board Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Thursday, July 2, 2020 10:06 AM To: Highlandditch@aol.com Cc: Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: FW: Referral agency comments - Ditch Companies Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Baty, Thank you for your comments regarding the Thornton Water Project. Diana Aungst at Weld County forwarded your comments to us. The Highland Ditch Company requirements are noted. Currently, Thornton is in the early stages of design for the Thornton Water Project in unincorporated Weld County. Thornton will coordinate crossings of Highland Ditch Company facilities with Highland Ditch Company as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:23 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Ditch Companies Jody: Please find attached the referral agency comments from the ditch companies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a4weldgov.corn www. weldgov. com 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 January 21, 2019 Diana Aungst Case no. USR18-0130 We have reviewed the information available at this time and offer these comments. The Big Dry Creek Ditch & Reservoir Company (aka Thompson Ditch) requires a crossing permit for any crossing that can potentially affect the future deliveries to the owner- stockholders. As such, we must have engineering plans for any crossings in a timely manner for our engineering reviews. Also required is a crossing agreement acceptable to our legal staff, which we can supply. Any engineering changes/upgrades made by the Big Dry Creek Ditch & Reservoir Company for the protection and integrity of the ditch must be incorporated into final engineering drawings by Thornton. For the Board of Directors, Secretary Big Dry Creek Ditch & Reservoir Company June 18, 2020 Weld County Department of Planning Services 1555 _-17th Ave, Greeley CO 80631 RE: City of Thornton; USR18-130 Weld County Department of Planning: The Fisher Lateral is a major irrigation delivery system under the Lake Canal Company ("LCC"). The LCC shareholders that utilize the Fisher Lateral have concerns with the three pipeline crossings proposed by the City of Thornton that cross the Fisher Lateral (see attached four page exhibit). Although the crossing No. l is located in Larimer County the other two crossings involve Weld County. Crossing No. 2 is of the utmost concern because the location where the City of Thornton proposes to cross the intersection of Twin Bridges and Latham is where the Fisher Lateral crosses the same intersection diagonally 95 it in a 30" C! P. 1 have been contacted by the City of Thornton and l have rnet with their engineering consultant's onsite to discuss these concerns. An overall concern is the proposed pipeline crossings regardless of the construction method., open cut or boring, pass through aging Fisher Lateral infrastructure which could spell trouble for the long term uninterrupted delivery of irrigation water if not improved/replaced at each crossing. With Weld County being a "Right to Farm County" 1 believe you understand the seriousness of a 48" pipeline crossings if not done correctly could be catastrophic to the irrigators under the Fisher Lateral. The Fisher Lateral shareholders respecttially requests the City of Thornton enters into a crossing agreement before any U SR approval is granted or as a condition of approval. Thank you for your considerations Lake Canal Shareholder utilizing the Fisher Lateral. Shawn and Pam Hoff 0405 CRD 1 Windsor, CO 80550 970-222-7274 R'4 VY '14c;-•:"." Ztz I; %t ..-.-.,...,r....s..r...n.-....-_ .a.,.w..n'r- 4. ,.. ....• - -.strati! ,x4 w.ww•Sy. WK This culvert serves Larue Johnson (970-371-7976). Coordinate directly. p 44tellict, taw. K Legend Fisher Lateral 7WCR92 to Windsor Segment Approx. 80" of 24" PVC slip -lined from head wall due to culvert damage. 30" CM P. Believe to be in poor condition .• s 4 +aIse tom' Sok 'A 024 41 V • Shawn does not know who is ultimately responsible for culvert pipe here as it is in Timnath ROW and -4% ditch had been rerouted from its original location Discussed with Shawn that concrete ditch would be replace possibly as far up to the entire permanent easement --50' Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Tuesday, June 30, 2020 10:20 AM To: Diana Aungst Cc: Mark Koleber Subject: RE: Referral agency comments - Ditch Companies Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from the Lake Canal shareholder regarding the Fisher Lateral. As indicated in the referral letter, Thornton is coordinating the Thornton Water Project with the shareholder and will continue coordination activities as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:23 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Ditch Companies Jody: Please find attached the referral agency comments from the ditch companies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a4weldgov.corn www. weldgov. com 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6th P.M., Weld County, Colorado 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 letter. Eve Craven 6/18/2020 Signature Date Agency Farmers Reservoir & Irrigation Company Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax \�' LYONS GADDIS ATTORNEYS & COUNSELORS jkahn c(�Ivonsgaddis.com 303-678-6504 June 17, 2020 VIA EMAIL: daungst(c.weldgov.com Diana Aungst Weld County Planning and Building Department 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Thornton Water Project and New Coal Ridge Ditch Company, USR18-0130 Dear Ms. Aungst: I am again responding on behalf of the New Coal Ridge Ditch Company ("Coal Ridge") regarding the above referenced permit application. Coal Ridge and the Northern Colorado Water Conservancy District ("Northern Water") are co -owners of the Coal Ridge Ditch also known as the South Platte Supply Canal ("Canal"). Any construction or other encroachment into the easements owned by Northern Water and Coal Ridge can only proceed after an agreement has been reached with Coal Ridge and Northern Water. Coal Ridge and Northern Water also have concerns that construction activities by Thornton, whether inside or outside but adjacent to the easements, will increase seepage from the Canal. In response to those concerns Thornton made a commitment reflected in the e-mail below from Mark Koleber, Thornton Water Project Director, on July 2, 2019 to enter into crossing agreements with Northern Water and Coal Ridge and to address the seepage concern. From: Mark Koleber <Mark.Koleber(@cityofthornton.net> Sent: Tuesday, July 2, 2019 4:12 PM To: Tom Parko Jr. <tparko(c weldgov.com>; Diana Aungst <daungst(a.weldgov.com> Cc: Joanne Herlihy <Joanne.Herlihy(o�cityofthornton.net>; 'Simpson, Gerald/DEN' <Gerald.Simpson(c jacobs.com>; Henry, Jody/DEN <Jodv.Henry(cJjacobs.com>; John Himyak <John.Himyak(@cityofthornton.net> Subject: Thornton Water Project and the Coal Ridge Ditch Tom and Diana, Before the Board of County Commissioners hearing for the Thornton Water Project Permit Segment 1 on July 10, 2019, Thornton has conducted another round of outreach to property owners and ditch owners. This outreach effort was initiated to provide additional information on the project, answer outstanding questions, and help alleviate concerns. As a result of that effort, Coal Ridge Ditch and Northern Water have indicated that they would like an additional condition of approval concerning their facilities. That condition of approval is as follows: LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC 515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978 950 Spruce Street Suite 1B Louisville CO 80027 Longmont 303 776 9900 I Louisville 720 726 3670 I www.lvonsgaddis.com a LYONS GADDIS ATTORNEYS & COUNSELORS Diana Aungst June 17, 2020 Page 2 "Provide evidence to the Department of Planning Services that crossing agreements with the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company has been entered into for all crossings of the South Platte Supply Canal/Coal Ridge Ditch and that the concerns of the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company concerning increased seepage from the Canal have been addressed." Thornton has no objection to adding this condition of approval. We have informed Coal Ridge Ditch and Northern Water that we would work with Weld County staff to have it added. If you have additional questions or concerns, please let me know. As previously requested, the above condition should be included in any permit issued to Thornton. Additionally, Thornton and Coal Ridge entered into stipulations in Thornton's condemnation, in cases 2019CV30979, 2019CV30980 and 2019CV30982. As stipulated by the parties, Thornton "shall seek to enter into a mutually acceptable crossing agreement with Northern Water to cross the South Platte Supply Canal on the Parcel before construction of the Thornton Water Project (other than pre -construction survey and other non -ground -disturbing work) begins on the Parcel." The parties also stipulated that this does not affect in any way a commitment made by Petitioner to Weld County regarding USR18-0130 quoted above. Let me know if you have any questions. Sincerely yours, Je cc: Board of Directors, Coal Ridge Peggy Montano and Davis Wert, Counsel, Northern Water Jim Struble, Northern Water Brian Flockhart, Northern Water Joanne Herlihy, Ass't City Attorney, City of Thornton Mark Koleber, City of Thornton The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 303-659-7373 TO: Weld County ENTAILED TO: Daungst@weldgov.com DATE: June 18, 2020 APPLICANT: City of Thornton RE: Site Specific Development Plan and Special Review Permit CASE #: USR-18-0130 DEAR Ms. Aungst: I wish to submit the following information regarding the above referenced project. The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. X Canal road may not be used for access without approval and executed agreement. X FRICO will require a license agreement X FRICO will require an access permit FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant X has or has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. FRICO and the City of Thornton have been working together to address our concerns. At this point we are waiting to review construction documents. Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any questions. Sincerely, Scott Edgar Scott(rifarmersres.com FRICO, General Manager Eve Craven Eve(rifarmersres.com FRICO, Projects Coordinator Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Wednesday, July 1, 2020 11:43 AM To: Eve@farmersres.com Cc: Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: FW: 2020.7.1 RE: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Craven, Thank you for your comments regarding the Thornton Water Project. Diana Aungst at Weld County forwarded your comments to us. Your comments are shown below in italic text followed byThornton's response in normal text. 1. No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. Thornton will coordinate design and of the water pipeline and associated appurtenances that cross FRICO's ROW with FRICO and will submit construction drawings for FRICO's review. Thornton will negotiate a license agreement with FRICO as appropriate. 2. Canal road may not be used for access without approval and executed agreement. If it is determined during design that use of FRICO's canal roads are needed for construction/maintenance activities, Thornton will apply for access permits before use of any roads. 3. FRICO will require a license agreement. Thornton will coordinate design of the water pipeline and associated appurtenances that cross FRICO's ROW with FRICO and will submit construction drawings for FRICO's review. Thornton will negotiate a license agreement with FRICO as appropriate. 4. FRICO will require an access permit. Thornton will apply for an access permit from FRICO as required. 5. We request to comment again. No response required. 6. The Applicant has completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FR/CO's comments are limited to this set of plans. No response required. 7. FRICO and the City of Thornton have been working together to address our concerns. At this point we are waiting to review construction documents. Thornton will coordinate design of the water pipeline and associated appurtenances that cross FRICO's ROW with FRICO and will submit construction drawings for FRICO's review. Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.jacobs.com 1 From: Diana Aungst <daungst@weldgov.com> Sent: Friday, June 19, 2020 9:00 AM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Subject: [EXTERNAL] FW: USR18-0130 Hi — Please find attached comments from FRICO. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Eve Craven <Eve@farmersres.com> Sent: Thursday, June 18, 2020 4:28 PM To: Diana Aungst <daungst@weldgov.com> Subject: RE: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Attached is FRICO's referral comments for USR18-0130. Thanks, Eve Eve' C rwvew Projects Coordinator Farmers Reservoir & Irrigation Company 80 South 27th Avenue Brighton, CO 80601 303-659-7373 Ext 312 Eve@farmersres.com My current hours are 7:00 to 5:30 Tuesday through Friday. NOTICE: Due to the threat of Covid-19, FRICO's office will be closed to the public until further notice. We will continue to conduct business by mail, e -mails, and phone calls. From: Kristine Ranslem <kranslem@weldgov.com> Sent: Friday, May 22, 2020 11:42 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us>; Mettenbrink - DNR, Chris<chris.mettenbrink@state.co.us>; jason.duetsch@state.co.us; denise.kostiv@state.co.us; Grooms - DNR, Michael <michael.grooms@state.co.us>; Muller - 2 DNR, Brandon <brandon.muller@state.co.us>; Florian - DNR, Troy <troy.florian@state.co.us>; carlson@mines.edu; jkrieger@cityofdacono.com; mostholthoff@firestoneco.gov; Hodges Todd <thodges@fortlupton.org>; Stephanie Darnell <sdarnell@Fortluptonco.gov>; Alyssa Knutson <AKnutson@Fortluptonco.gov>; ckennedy@townofinead.org; kdeuter@townofmead.org; jfettig@townofmead.org; dbrand@plattevillegov.org; Troy Renken <trenken@plattevillegov.org>; Melissa Kendrick <kendrickplanning@gmail.com>; dmillion@plattevillegov.org; Jennifer Simmons <JSimmons@FrederickCO.gov>; 'Moss, Douglas C' <mossd@wcsdrel.org>; amcfarland@northglenn.org; 'bsmith@northglenn.org' <bsmith@northglenn.org>; kkoelbel@timnathgov.com; moregan@timnathgov.com; Scott Ballstadt <sballstadt@windsorgov.com>; cbarkeen@windsorgov.com; planningtechs@windsorgov.com; abarzak@townofseverance.org; Mitch Nelson <mnelson@townofseverance.org>; 'nwharton@townofseverance.org' <nwharton@townofseverance.org>; cfreese@berthoud.org; Matt LeCerf <mlecerf@townofjohnstown.com>; Kim Meyer <kmeyer@townofjohnstown.com>; pmcclenahan@millikenco.gov; cpowell@millikenco.gov; Brad Mueller (Brad.Mueller@greeleygov.com) <Brad.Mueller@greeleygov.com>; mike.garrott@greeleygov.com; carol.kuhn@greeleygov.com; Danielle Davis<danielle.davis@greeleygov.com>; Itart-schoenfelder@adcogov.org; ashannon@bouldercounty.org; planner@bouldercounty.org; ellislk@larimer.org; planreviews@brightonfire.org; prevention@mvfpd.org; Doug Saba <dsaba@mvfpd.org>; LuAnn Penfold <Ipenfold1101@gmail.com>; ptiffany@ftluptonfire.com; mdittman@ftluptonfire.com; ttamlin@ftluptonfire.com; dpuccetti@fffd.us; siacino@fffd.us; Jeff Cogburn <jcogburn@pgfpd.org>; nunnfire@ezlink.com; sfriedrichsen@wsfr.us; Ty Drage <tdrage@frfr.co>; rbateman@frfr.co; bcoviollo@frfr.co; cchamplin@frfr.co; jlynxwiler@poudre-fire.org; scarter@poudre-fire.org; adam.ferrell@aultpiercefire.org; rjallen4686@msn.com; Feula, Heidi <feula_heidi@svvsd.org>; Robert Ring <rring@weldre9.k12.co.us>; cmoore@weld8.org; jholbrook@weld8.org; akaylor@weld8.org; ssanders@weld8.org; Jason Seybert <jason.seybert@weldre4.org>; leslie.arnold@weldre5j.org; roxanne@cwcwd.com; Kathy Naibauer <kathy@cwcwd.com>; Leann Koons <leannk@nwcwd.org>; jaredr@nwcwd.org; beaton@ltwd.org; Scott Edgar <Scott@farmersres.com>; Eve Craven <Eve@farmersres.com>; tomalley@saddlebackgolf.com; corky@what-wire.com; Garrett Varra <gvarra@varracompanies.com>; colorado@fws.gov; dale@newcache.com; mlvetter@msn.com; highlandditch@aol.com; rbglic808@aol.com; info@eatonditch.com; npic@qwest.com; dharmon@wtrsupply.com; shummer@npicwater.com; rvonbernuth@watervalley.com; jcrois1017@aol.com; stevebacon@kindermorgan.com; brian_nave@kindermorgan.com; richprouty@kindermorgan.com; Idhagenlock@dcpmidstream.com; avistica@extractionog.com; water@greeleygov.com; jayson_vanshura@oxy.com; 'Billadeau, Jake' <Jake.Billadeau@anadarko.com>; tony.cabral@anadarko.com; tmiller@sbpipeline.com; Lucas McConnell <Iucas.a.mcconnell@xcelenergy.com> Cc: Diana Aungst <daungst@weldgov.com> Subject: USR18-0130 The Weld County Planning Department has received a Use by Special Review (USR) application, case USR18-0130, in which your agency may have an interest. Planning staff requests you review the application materials and return the attached Referral Form to daungst@weldgov.com by the date specified on the Referral Form. To access application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx. Then, • • Click on "Planning" tab on the menu bar Under General Search, type case USR18-0130, into the Record Number box and search Click on the "Record Info" arrow drop -down menu Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at (970) 400-3524 Thank you! Ki4s- vt4 vL.c. Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 3 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 4 GREELEY LOVELAND RRMATION COMPANY Diana Aungst Subject: FW: USR18-0130 From: Dan Kammerzell <dankzglic@gmail.com> Sent: Thursday, May 28, 2020 8:00 AM To: Kristine Ranslem <kranslem@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com> Subject: Re: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Do I need to fill out the referral form? I did receive a letter from Thorton back in late March and emailed them our requirements. They will be crossing our main canal and we will need to complete a crossing agreement. I talked to a contractor last week that was inquiring about the project but they have not been awarded the project yet. From GLIC's perspective, we need their engineered plans for the crossing of our ditch and they need to comply with our regulations. Thanks Dan Kammerzell Greeley Loveland Irrigation Company 808 23rd Ave Greeley, CO 80634 Office 970-352-0495 Cell 970-590-0299 1 Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Tuesday, June 30, 2020 10:23 AM To: Diana Aungst Cc: Mark Koleber Subject: RE: Referral agency comments - Ditch Companies Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from the Greeley Loveland Irrigation Company. As indicated in the referral letter, Thornton has started initial coordination of the Thornton Water Project with the Greeley Loveland Irrigation Company and will continue coordination activities as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:23 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Ditch Companies Jody: Please find attached the referral agency comments from the ditch companies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a4weldgov.corn www. weldgov. com 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 �1tENCE JONES CUSTER GRASMICK LLP ATTORNEYS AT LAW ATTORNEYS AT LAW 5245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 80534 TELEPHONE: 970-622-8181 LJCG WWW.LJCGLAW.COM W.LJCGLA W.COM 6ru.1@Ij c1;laH .cone P. Andrew Jones • Bradley C. Grasmick • David Jones • Ryan Donovan Wes Knoll • Alyson K. Scott • Sheena M. Moran (Of Counsel) June 19, 2020 Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Attn: Diana Aungst Via email: daungst@weldgov.com RE: City of Thornton; USR18-130 Dear Diana and the Weld County Department of Planning: Larimer and Weld Irrigation Company ("LWIC") has significant concerns with regard to the USR submitted on behalf of the City of Thornton for their water conveyance pipeline. Specifically, LWIC is concerned with the impacts on the Larimer and Weld Canal at the location where the City of Thornton proposes to cross the Larimer and Weld Canal near County Road 13 and County Road 80. LWIC requests that the Department of Planning only approve the aforementioned USR once the City of Thornton enters into a crossing agreement with LWIC. The basis for LWIC's concerns are summarized below: • LWIC owns and operates the Larimer and Weld Canal (aka the Eaton Ditch). The majority of the Canal is located within Weld County. • LWIC provides water for over 60,000 acres of irrigated lands in Larimer and Weld counties. The majority of those irrigated acres are located in Weld County and span an area from the Larimer-Weld County line north and east of the Town of Timnath to near the Town of Galeton. • Thornton proposes to cross the Larimer and Weld Canal with its 48 inch pipeline by "open cutting" the Canal. This is a large pipeline and open cutting a Canal the size of the Larimer and Weld Canal poses significant risks to the stability and integrity of the Canal. The timing and specifications of a crossing like this must be done in coordination with LWIC in order to eliminate the risk of water delivery impacts during construction, minimize the risks of catastrophic failure of the Canal after construction and to insure that Thornton will bear all responsibility for damages due to its activities. • Weld County is a "right to farm" County. If water deliveries from the Larimer and Weld Canal are interrupted for any significant amount of time, the damage to the farmers who rely on that water would be catastrophic. The direct flow priorities owned by the LWIC are generally in priority for a few weeks in May and June and the inability to deliver during that time may deprive some shareholders of all water delivery for the season. In addition, the LWIC carries Reservoir water for shareholders of WRCC, Inc. and the Larimer and Weld Reservoir Company as well as LWIC shareholders who rent water for use later in the season. That late season water is crucial for finishing crops planted earlier in the year and disruption of delivery of reservoir water can mean greatly diminished yields or entire crop failures. The economic impact on the farmers under the Larimer and Weld Canal and Weld County as a whole would be enormous. The City of Thornton has contacted LWIC and we have met with their engineering consultants onsite to discuss these concerns. LWIC intends to present Thornton with a crossing agreement to address its concerns and is hopeful that we can reach agreement with Thornton on terms for crossing the Larimer and Weld Canal. We respectfully request that any approval of this USR be on the condition that the City of Thornton enters into a crossing agreement acceptable to LWIC for the 48 inch water pipeline crossing on the Larimer and Weld Canal We appreciate your consideration of these comments. Sincerely, LAWRENCE JONES CUSTER GRASMICK LLP Bradley C. Grasmick Cc: Kim Nelson, LWIC Digitally signed by Bradley C. Grasmick Date: 2020.06.19 12:55:52 -06'00' Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Wednesday, July 1, 2020 4:18 PM To: Diana Aungst Cc: Mark Koleber Subject: RE: Larimer and Weld Irrigation Company comments on Thornton USR18-130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from Larimer and Weld Irrigation Company As indicated in the referral letter, Thornton is coordinating the Thornton Water Project with Larimer and Weld Irrigation Company and will continue coordination activities as design progresses. Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.iacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Friday, June 19, 2020 2:35 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@cityofthornton.net> Subject: [EXTERNAL] FW: Larimer and Weld Irrigation Company comments on Thornton USR18-130 Jody: Please find attached comments from the Larimer and Weld Irrigation Company. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Brad Grasmick <Brad@Ijcglaw.com> Sent: Friday, June 19, 2020 12:59 PM To: Diana Aungst <daungst@weldgov.com> Cc: Kim Nelson <knelson@eatonditch.com>; Ryan Donovan <ryan@Ijcglaw.com>; Maureen Hop <Moe@Ijcglaw.com> Subject: Larimer and Weld Irrigation Company comments on Thornton USR18-130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 Dear Ms. Aungst, I've attached a letter on behalf of the Larimer and Weld Irrigation Company regarding the City of Thornton's USR18- 130. Please let me know if you need any additional information. Thank you, Brad Bradley C. Grasmick, Esq. Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd, Suite 1 Johnstown, Colorado 80534 Phone: (970) 622-8181 Fax: (970) 660-4612 Website: www.ljcglaw.com Email: brad@ljcglaw.com NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 i- Submit by Email Weld County Referral January 7, 2019 The Weld County Department of Planning Services has received the following item for review Applicant City of Thornton Case Number USR18-0130 Please Reply By May 2, 2019 Planner Tom Parko/Diana Aungst Project A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch domestic water pipeline (48 -inch pipeline) approximately 13 3 -miles of a 24 -mile long pipeline in the A (Agricultural) Zone District Location Starting at CR 2 and extending north along following CR 17 to just north of HWY 66 Parcel Number Multiple Parcels Legal The pipeline crosses Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, T1 N, R67W, Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, T2N, R67W, Sections 20, 21, 28, 29, 32, and 33, T3N, R67W, All in the 6th P M , Weld County, Colorado 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 I] Signature Agency New Cache La Poudre Irrigating Co 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 Dale Trowbndge, General Manager 6-17-2020 Date Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6498 fax THE NEW CACHE LA POUDRE IRRIGATING COMPANY THE CACHE LA POUDRE RESERVOIR COMPANY Project Review Comments Case Number: USR18-0130 Reviewed by: The New Cache La Poudre Irrigating Company Applicant: City of Thornton (970) 352-0222 Submittal Date: 6/17/2020 In reviewing the application, New Cache would like to make the following comments. The pipeline will be crossing the New Cache La Poudre Irrigating Company canal. New Cache staff has met with representatives from Thornton on site to discuss the crossing. A crossing agreement will need to be executed prior to any activity by Thornton. We have discussed the terms of an agreement with Thornton. At this time the process in moving along. Respectfully, Aue 404-0-en.ifir Dale Trowbridge General Manager The New Cache La Poudre Irrigating Company 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 Diana Aungst From: Sent: To: Cc: Subject: Henry, Jody/DEN <Jody.Henry@jacobs.com> Tuesday, June 30, 2020 10:25 AM Diana Aungst Mark Koleber RE: Referral agency comments - Ditch Companies Outflow email originated fronn outside, of. Weld -County Government Do not click Iinks or open attachments unless you recognize the sender and know the content is sate: Diana, Thank you for forwarding the referral from The New Cache La Poudre Irrigating Company. As indicated in the referral letter, Thornton is coordinating the Thornton Water Project with The New Cache La Poudre Irrigating Company and will continue coordination activities as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.jacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:23 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Ditch Companies Jody: Please find attached the referral agency comments from the ditch companies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(d weldgov.com www. weldaov. corn 1 oar Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 Submit by Email Agency Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, TIN, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6' P.M., Weld County, Colorado 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 letter. Signature Town of Firestone May 28, 2020 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley. CO. 80631 (070) 400-6100 (970) 304-6498 fax FIRESTONE COLOR A 1) 0 Town of Firestone Planning & Development Office 8308 Colorado B4vd., Suite 200, Firestone, CO 80504 Mail P.O. Box 100, Firestone, CO 80520 P 303.833.3291 F 303.476.4232 www.firestoneco.gov May 28, 2020 Weld County Planning Department Attn: Diana Aungst 1555 North 17th Avenue Greeley, CO 80631 RE: Weld County Referral; USR 18-0130 City of Thornton Site Specific Development Plan and Special Review Permit Dear Diana, Thank you for providing the Town the continued opportunity to comment on the proposed City of Thornton Site Specific Development Plan and Special Review Permit for water pipelines. The Town of Firestone offers the following comment: 1) The Town is working with the City of Thornton on a license agreement that would address the proposed water lines within or crossing any Town of Firestone right-of- way or Town of Firestone fee ownership property. Please do not hesitate to contact me with any questions. Best Regards, R. Martin Ostholthoff Planning Manager Project Review Comments Gr�cley Project Name: Location: Reviewed By: Department: Submittal: Case #: Date: 06/04/2020 USR18-0130 (REF2020-0025) Various locations through Weld County Julie Cozad Phone: (970) 350-9861 Community Development / Engineering 05/20/2020 Submittal #: 1 REF2020-0025 All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & III. Sections of the Code or Construction Specifications are shown in brackets as part of the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: http.5://www.municode.com/liblviT/co/g7velev/code.sYmitiliCipal code Engineering: http://g1•eelevgov.com/services/design-cl•itel7a-and-constl•uction-.speclf cations ORIGIN Map: http://g,is3.givelevg,ov.com/Htnil5ORKiliWvimve7•=p7•opelnfacts Provide written responses to all comments below. All comments must be addressed or submittal shall not be accepted by the City of Greeley. A Word document has been provided for your convenience. Comments identified as Advisory are for the applicant's information only; they will not prolong the review and no response is required. General Comments: 1. The City of Thornton's new water pipeline project crosses the City of Greeley Transmission Lines in several locations along the WCR 13 corridor. The City of Thornton is required to either include the City of Greeley (Engineering Development Review Division within the Community Development Department and the Water Department) in the civil drawing review process or complete the City of Greeley crossing application. The City of Thornton has been in contact with our Water Department and we have provided them preliminary information about the crossing requirements and proposed locations. Please contact Julie Cozad (contact information above) or Chrissy Lutz in the Water Department (Chrissy.hrtz(a.greeleygov.com ). Page 1 of 1 Diana Aungst From: Julie Cozad <Julie.Cozad@Greeleygov.com> Sent: Friday, June 19, 2020 2:13 PM To: 'Henry, Jody/DEN' Cc: Diana Aungst; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: RE: Thornton Pipeline referral - City of Greeley Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you Jody. You can always contact me or Chrissy Lutz in our Water/Sewer Department when you are ready to get any required permits to cross our waterlines (or any other City ROW or easements) or if you have any questions. Have a nice weekend. Julie { .L1 x Of (;iielc Julie A. Cozad Engineering Development Review and Civil Inspections Manager Community Development 1100 10th Street Greeley, CO 80631 (970) 350-9861 I julie.cozad@greeleygov.com greeleygov.com From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Friday, June 19, 2020 2:03 PM To: Julie Cozad <Julie.Cozad@Greeleygov.com> Cc: daungst <daungst@weldgov.com>; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Subject: [EXTERNAL] FW: Thornton Pipeline referral - City of Greeley Ms. Cozad, Thanks for your response to Weld County's referral on the Thornton Water Project. Your comments and requirements have been noted. Crossing approvals will be requested and obtained as described in your response. Any crossings or encroachments of Greeley infrastructure will be coordinated with Greeley and will meet Greeley's minimum standards. 1 Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.iacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, June 4, 2020 4:33 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Subject: [EXTERNAL] FW: Thornton Pipeline referral - City of Greeley Jody: Attached are the comments from the City of Greeley. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Julie Cozad <Julie.Cozad@Greeleygov.com> Sent: Thursday, June 4, 2020 3:43 PM To: Diana Aungst <daungst@weldgov.com> Subject: Thornton Pipeline referral - City of Greeley Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, Attached are my comments for USR18-0130 for the Thornton Water Pipeline. Let us know if you have any other questions. Thanks, Julie NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. CAUTION: This email is from an external source. Ensure you trust this sender before clicking on any links or attachments. 2 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: City of Thornton Case Number: USR18-0130 Please Reply By: June 19, 2020 Planner: Diana Aungst Project: A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number: Multiple Parcels Legal: Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W; Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W; Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W; Sections 6, 19, 20, 29, and 32, T4N, R67W; Sections 6, 7, 18, 19, 30, and 31, T5N, R67W; Sections 6, 7, and 18, T6N, R67W; Sections T7N, R67W; Sections 19, 30, and 31, T8N, R67W; All located in the 6th P.M., Weld County, Colorado 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 letter. Signature Agency Date Town of Severance 5-29-2020 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax SEVERANCE May 29, 2020 To whom it may concern, The Town of Severance has an interest in parcel number 055530000020 and requests a meeting. Thank you, Abdul Barzak Assistant Planner abarzak@townofscvcrancc.org Town of Severance 209 lit Street PO BOX 339 Severance, CO 80546 970-686-1218 3 S. Timber Ridge Parkway • P.O. Box 339 • Severance, Colorado 80546 • Phone 970.686.1218 • Fax 970.686.6250 Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Friday, June 19, 2020 4:52 PM To: Diana Aungst Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: FW: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from the Town of Severance. In response to the Town of Severance's request to meet regarding their interest in Parcel No. O555OOOOO2O, Mark Koleber/Thornton Water Project Director on June 11, 2020 had a virtual meeting with the Severance Town Administrator, Assistant Town Administrator and Community Development Director. Mr. Koleber explained the location of Thornton's proposed easements across the parcel Severance (along with others) is proposing to acquire, and provided copies of the legal descriptions for the easements Thornton is acquiring from the current property owner. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Friday, May 29, 2020 1:17 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Subject: [EXTERNAL] FW: USR18-0130 Jody: Please find attached the comments from the Town of Severance. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Abdul Barzak <abarzak@townofseverance.org> Sent: Friday, May 29, 2020 11:06 AM To: Kristine Ranslem <kranslem@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com> 1 Cc: Diana Aungst <daungst@weldgov.com>; Mitch Nelson <mnelson@townofseverance.org> Subject: RE: USR18-0130 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, See attached from the Town of Severance for USR18-0130 Let me know if you have any questions. Thanks Abdul Barzak Assistant Town Planner 3 South Timber Ridge Parkway PC) Box 339 Severance, CO 80.646 970-686-1218 Mon. — Lori. Bun - Noon, 1pm — Spm -owxca E E AHCE From: Kristine Ranslem <kranslem@weldgov.com> Sent: Friday, May 22, 2020 11:42 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us>; Mettenbrink - DNR, Chris<chris.mettenbrink@state.co.us>; jason.duetsch@state.co.us; denise.kostiv@state.co.us; Grooms - DNR, Michael <michael.grooms@state.co.us>; Muller - DNR, Brandon <brandon.muller@state.co.us>; Florian - DNR, Troy <troy.florian@state.co.us>; carlson@mines.edu; jkrieger@cityofdacono.com; mostholthoff@firestoneco.gov; Hodges Todd <thodges@fortlupton.org>; Stephanie Darnell <sdarnell@Fortluptonco.gov>; Alyssa Knutson <AKnutson@Fortluptonco.gov>; ckennedy@townofinead.org; kdeuter@townofmead.org; jfettig@townofmead.org; dbrand@plattevillegov.org; Troy Renken <trenken@plattevillegov.org>; Melissa Kendrick <kendrickplanning@gmail.com>; dmillion@plattevillegov.org; Jennifer Simmons <JSimmons@FrederickCO.gov>; 'Moss, Douglas C' <mossd@wcsdrel.org>; amcfarland@northglenn.org; 'bsmith@northglenn.org' <bsmith@northglenn.org>; kkoelbel@timnathgov.com; moregan@timnathgov.com; Scott Ballstadt <sballstadt@windsorgov.com>; cbarkeen@windsorgov.com; planningtechs@windsorgov.com; Abdul Barzak <abarzak@townofseverance.org>; Mitch Nelson <mnelson@townofseverance.org>; Nicholas Wharton <nwharton@townofseverance.org>; cfreese@berthoud.org; Matt LeCerf <mlecerf@townofjohnstown.com>; Kim Meyer <kmeyer@townofjohnstown.com>; pmcclenahan@millikenco.gov; cpowell@millikenco.gov; Brad Mueller (Brad.Mueller@greeleygov.com) <Brad.Mueller@greeleygov.com>; mike.garrott@greeleygov.com; carol.kuhn@greeleygov.com; Danielle Davis<danielle.davis@greeleygov.com>; Itart-schoenfelder@adcogov.org; ashannon@bouldercounty.org; planner@bouldercounty.org; ellislk@larimer.org; planreviews@brightonfire.org; prevention@mvfpd.org; Doug Saba <dsaba@mvfpd.org>; LuAnn Penfold <Ipenfold1101@gmail.com>; ptiffany@ftluptonfire.com; mdittman@ftluptonfire.com; ttamlin@ftluptonfire.com; dpuccetti@fffd.us; siacino@fffd.us; Jeff Cogburn <jcogburn@pgfpd.org>; nunnfire@ezlink.com; sfriedrichsen@wsfr.us; Ty Drage <tdrage@frfr.co>; rbateman@frfr.co; bcoviollo@frfr.co; cchamplin@frfr.co; jlynxwiler@poudre-fire.org; scarter@poudre-fire.org; adam.ferrell@aultpiercefire.org; rjallen4686@msn.com; Feula, Heidi <feula heidi@svvsd.org>; Robert Ring 2 <rring@weldre9.k12.co.us>; cmoore@weld8.org; jholbrook@weld8.org; akaylor@weld8.org; ssanders@weld8.org; Jason Seybert <jason.seybert@weldre4.org>; leslie.arnold@weldre5j.org; roxanne@cwcwd.com; Kathy Naibauer <kathy@cwcwd.com>; Leann Koons <leannk@nwcwd.org>; jaredr@nwcwd.org; beaton@ltwd.org; Scott Edgar <scott@farmersres.com>; Eve Craven <Eve@farmersres.com>; tomalley@saddlebackgolf.com; corky@what-wire.com; Garrett Varra <gvarra@varracompanies.com>; colorado@fws.gov; dale@newcache.com; mlvetter@msn.com; highlandditch@aol.com; rbglic808@aol.com; info@eatonditch.com; npic@qwest.com; dharmon@wtrsupply.com; shummer@npicwater.com; rvonbernuth@watervalley.com; jcrois1017@aol.com; steve bacon@kindermorgan.com; brian_nave@kindermorgan.com; richprouty@kindermorgan.com; Idhagenlock@dcpmidstream.com; avistica@extractionog.com; water@greeleygov.com; jaysonvanshura@oxy.com; 'Billadeau, Jake' <Jake.Billadeau@anadarko.com>; tony.cabral@anadarko.com; tmiller@sbpipeline.com; Lucas McConnell <Iucas.a.mcconnell@xcelenergy.com> Cc: Diana Aungst <daungst@weldgov.com> Subject: USR18-0130 The Weld County Planning Department has received a Use by Special Review (USR) application, case USR18-0130, in which your agency may have an interest. Planning staff requests you review the application materials and return the attached Referral Form to daungst@weldgov.com by the date specified on the Referral Form. To access application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx. Then, • • • Click on "Planning" tab on the menu bar Under General Search, type case USR18-0130, into the Record Number box and search Click on the "Record Info" arrow drop -down menu Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at (970) 400-3524 Thank you! KYGS GI to RRYLCIevrG Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any 3 viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 4 Submit by Email Weld County Referral May 22, 2020 The Weld County Department of Planning Services has received the following item for review Applicant City of Thornton Case Number USR18-0130 Please Reply By. June 19, 2020 Planner Diana Aungst Project A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District Location North of CR 2, South of CR 94, East of CR 13, and West of CR 19 Parcel Number Multiple Parcels Legal Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W, Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W, Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W, Sections 6, 19, 20, 29, and 32, T4N, R67W, Sections 6, 7, 18, 19, 30, and 31, T5N, R67W, Sections 6, 7, and 18, T6N, R67W, Sections T7N, R67W, Sections 19, 30, and 31, T8N, R67W, All located in the 6th P M , Weld County, Colorado 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 letter Signature Agency Brandon Marette CO Parks & Wildlife 5/27/20 Date Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Parks and Wildlife Department of Natural Resources Northeast Regional Office 6060 Broadway Denver, CO 80216 P 303.291.7227 June 4, 2020 Ms. Moneka Worah ERO Resources Corporation Natural Resources Specialist/Principal mworah@eroresources.com RE: CPW's Comments on the Proposed Thornton Water Pipeline (Weld County portion only) Dear Moneka, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed Thornton Water Pipeline (TWP), specifically only for the Weld County portion of this project (Project). It is our understanding that per your April 17, 2020 letter to CPW that the TWP study buffer in Weld County is approximately 48 miles long and will include a 50 -foot permanent easement plus a 40 -foot temporary construction easement. Also. CPW understands that the City of Thornton is proposing to use trenchless construction methods to cross under jurisdictional waters of the U.S. and to cross suitable habitat for federally threatened and endangered species. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage alt wildlife species in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to consultant requests, as is the case for this project. CPW appreciates this early consultation because getting to the collective agreement on which sensitive areas to avoid (either by re-routing or boring) and/or times of year to avoid (such as raptor breeding seasons) can minimize any negative impacts to sensitive wildlife species and habitats while responsibly completing the Project. CPW agrees with ERO's analysis in Table 1 (in their April 17, 2020 letter to CPW), with the following exceptions: • There are two Bald Eagle active nest buffers located along the proposed pipeline's route: Dan Prenzlow, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Michelle Zimmerman, Chair • Marvin McDaniel, Vice -Chair James Vigil, Secretary • Taishya Adams • Betsy Blecha • Robert W. Bray • Charles Garcia • Mane Haskett • Carrie Besnette Hauser • Luke B. Schafer • Eden Vardy CPW's Comments re: Thornton Water Pipeline (Weld County portion only) — (6/4/20) Page 2 of 9 South of Harmony Road on County Road 1 near County Road 36. North of State Highway 66 before County Road 17 bends to the northeast. If either or both of these nests are active, then CPW recommends that construction should not occur within 0.50 -mile of either active nest between December 1 to July 31. If that is not possible, then please contact CPW for the next steps. • There are two Bald Eagle winter night roosts located along the proposed pipeline's route: At State Highway 392 (County Road 68) and County Road 1. Northwest of Johnstown, specifically where the pipeline crosses County Road 54. If either or both of these roosts are active, then CPW recommends that construction should not occur within 0.50 -mile of them from November 15 to March 15. • Orangespotted sunfish (Tier 1 species) are another fish species that could be in the waters crossed by this project. Furthermore, we continue to agree with our previously submitted letters (see two attachments) to ERO and Larimer County on specific segments of the pipeline, and specifically the fo,lowing topics: • Raptor nests CPW recommends that a biologist survey, up to two weeks ahead of construction crews, any active raptor nests. If an active nest is identified during their breeding season', then CPW recommends that appropriate timing and distance buffers are employed to ensure nest success. • Burrowing Owls Survey for Burrowing Owls if construction will be impacting existing prairie dog towns between March 15 to August 31. If Burrowing Owls are present, then CPW recommends a 656 -foot (200 -meter) buffer. • Revegetation Replace trees 3:1 ratio (e.g., 3 new native trees per 1 native or non-native tree removed) . Control noxious weeds before, during, and after construction. Use native grasses and forbs seed mix for disturbed areas. If the timing or scope of this project changes and/or if you have any questions regarding these recommendations. please contact Brandon Marette, Northeast Region Land Use Coordinator at 303-291-7327, or at brandon.marette@state.co.us. 1 https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/RaptorBufferGuidelines2008.pdf CPW`s Comments re: Thornton Water Pipeline (Weld County portion only) — (6/4/20) Page 3 of 9 Sincerely, Jason Surface Acting Area Wildlife Manager - Area 4 cc: Weld County Kristine Ranslem` - Planning Technician (please see Attachment 3) City of Thornton John Himyak3 - Water Project Engineer CPW Brandon Marette, Northeast Region Land Use Coordinator Brandon Muller, District Wildlife Manager - North Greeley Chris Mettenbrink, District Wildlife Manager - Fort Lupton Jason Duetsch, Area Wildlife Manager - Area 2 (Boulder) Jeff Spohn, Northeast Senior Aquatic Biologist Karlyn Armstrong, Senior Water Resource Engineer Kyle Battige, Area 4 Aquatic Biologist (Fort Collins) Kristin Cannon, Deputy Regional Manager - Northeast Michael Grooms, District Wildlife Manager - South Greeley Mike Sherman, Area 2 and 4 Terrestrial Biologist Pepper Canterbury, District Wildlife Manager - North Fort Collins Pete Conovitz, NE Region Water Resource Specialist Shannon Schaller, Northeast Senior Terrestrial Biologist Troy Florian, District Wildlife Manager - Eaton Attachments: • Attachment 1 - CPW letter to ERO (dated 10/22/18) for the Pipeline Section Along WCR 17 from State Highway 66 south to 168th Avenue • Attachment 2 - CPW letter to Larimer County (dated 1/7/19) • Attachment 3 - CPW completed Weld County Referral Form (dated 5/27/20) 2 a 3 John. Hi myak®thorntonco. gov CPW's Comments re Thornton Water Pipeline (Weld County portion only) — (6/4/20) Page 4 of 9 ATTACHMENT 1 CPW letter to ERO (dated 10/22/18) for the Pipeline Section Along WCR 17 from State Highway 66 south to 168th Avenue COLORADO Parks and Wildlife Department of Natural Resources Area 2 - Lon Hagler State Wildlife Area 4207 W CR 16E Loveland, CO 80537 P 970.472.4460 F 970.472.4468 October 22, 2018 Ms. Moneka Worah ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 Re: Concurrence for a List of Special Status Species and Request for Comments - Thornton Water Project - Weld County Permit Application 1 Dear Ms. Worah, We received your letter dated August 12th, 2018 for a request for concurrence on species of wildlife that may occur within the project path for the first segment of the Thornton Water Project. This segment of the project is between Highway 66 south to 168th Avenue along Weld County Road 17. We appreciate the opportunity to comment on this section of the project and look forward to additional opportunities to evaluate wildlife impacts of other sections of the pipeline. The mission of Colorado Parks and Wildlife (CPW) is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado, and to promote a variety of recreational opportunities throughout Colorado. We have reviewed the species and habitats outlined in your letter and agree with your assessment that those species may potentially occur within the boundaries of the pipeline project in this section. CPW appreciates that Thornton is proposing to use trenchless construction methods to cross the St.Vrain River, associated sloughs and habitats that protect wildlife species that are associated wetland and riparian habitats. We also recommend that trenchless construction methods be employed for Big Dry Creek, Little Dry Creek, and any other ponds and wetlands encountered along pipeline pathway. As identified in your assessment, there is a potential for raptor nests and burrowing owls to be encountered along this section of the project pathway depending upon what time of year the construction occurs. If construction is to take place between February 1 and July 31st we recommend that raptor surveys be performed prior to construction and throughout the project to detect any new nests that may occur. CPW has developed a set of guidelines for setbacks for a variety of species of raptors and techniques for surveying burrowing owls. Those guidelines can be found on the CPW website at: Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Matthew Burkett • Charles Garcia • Marie Haskett Carrie Besnette Hauser • John Howard, Chair • Marvin McDaniel • Colleen Peppier • Jennifer Rieke Taylor • James Vigil, Secretary • Michelle Zimmerman, Vice -Chair http //cpw state.co.us/Documents/WildlifeSpecies/LivingWith Wildlife/ RaptorBufferGuideline s2008 pdf#search=Raptor%20Nesting%20guidelines http //cpw state co us/Documents/WildlifeSpecies/Profiles/BUOW SurveyProtocol2007 pdf Colorado Parks and Wildlife recommends that the developer work with the Weld County Public Works Department -Weed Division to develop and implement a plan for control of noxious weeds during and post construction phases of the pipeline project To avoid the spread of noxious weeds to other sites and to prevent new species from being introduced, all construction equipment should be thoroughly cleaned prior to arriving on site and after construction is completed CPW recommends that any restoration of any sites be of a mixture of native grasses and forbs Any native trees that are removed should be replaced on a 3 to 1 basis, especially in the riparian areas of the St Vrain River As this segment is a part of a larger proposed pipeline that crosses multiple jurisdictions, land ownership, and wildlife habitats there will be additional comments and concerns associated with other segments of the project CPW requests the opportunity to evaluate and comment on these segments once the route is finalized If you have any questions or concerns regarding this letter, please feel free to contact District Wildlife Manager Chris Mettenbrink at (303) 906-1979 Again, thank you for the opportunity to comment on this project Sincerely, Kristin Cannon Area Wildlife Manager Cc M Leslie, T Kroening, C Mettenbrink, T Petersburg, B Marette CPW's Comments re Thornton Water Pipeline (Weld County portion only) — (6/4/20) Page 6 of 9 ATTACHMENT 2 CPW letter to Larimer County (dated 1/7/19) COLORADO Parks and Wildlife Department of Natural Resources Area 4 - Fort Collins Service Center 317 W. Prospect Road Fort Collins, CO 80526 P 970.4724300 January 7, 2019 Mr. Rob Helmick Larimer County Planning Services; Senior Planner 200 West Oak Street Suite 3100 PO Box 1190 Fort Collins, CO 80522 Re: Concurrence for a List of Special Status Species and Request for Comments Thornton Water Project Dear Mr. Helmick, We received your letter dated December 14, 2018 for a request for concurrence on species of wildlife that may occur within the project path for the first segment of the Thornton Water Project. This segment of the project begins at the Water Storage and Supply Reservoir #4 proceeding east along the Douglas Road alignment to CR 9 north to CR 56 east to the Larimer County Line thence south to the Weld County tine at Johnstown. We appreciate the opportunity to comment on this project. The mission of Colorado Parks and Wildlife (CPW) is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado, and to promote a variety of recreational opportunities throughout Colorado. We have reviewed the species and habitats outlined in your letter and agree with your assessment that those species may potentially occur within the boundaries of the pipeline project. CPW appreciates that Thornton is proposing to use trenchless construction methods to cross the Cache la Poudre and Little Thompson Rivers, St. Vrain Creek and associated sloughs and habitats that protect wildlife species that are associated wetland and riparian habitats. We also recommend that trenchless construction methods be employed for Big Dry Creek, Little Dry Creek, and any other ponds and wetlands encountered along pipeline pathway. As identified in your assessment, there is a potential for raptor nests and burrowing owls to be encountered along the project pathway depending upon what time of year the construction of the pipeline is to occur. If the project is to take place between February 1 and July 31st we recommend that raptor surveys be performed prior to construction and throughout the project to detect any new nests that may occur. CPW has developed a set of guidelines for setaacks for a variety of species of raptors and techniques for surveying burrowing owls. Those guidelines can be found on the CPW website at: http: / /cpw.state.co.us/Documents/WildlifeSpecies/LivingWith Wildlife/ RaptorBufferGuidelines2008.pdf#sea rch=Raptor%20Nestinq%20guideli nes http://cpw.state.co.us/Documents/WildlifeSpecies/Profiles/BUOW SurveyProtocol2007. pdf. Bob D. Broscheid, Director, Co.orado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Marie Haskett • Carrie Besnette Hauser John Howard, Chair • Marvin McDaniel • Dale Pizet • James Vigil. Secretary • Dean Wingfield • Michelle Zimmerman, Vice -Chair • Alex Zipp 3/4 Colorado Parks and Wildlife recommends that the developer work with the Larimer County Public Works Department -Weed Division to develop and implement a plan for control of noxious weeds during and post construction phases of the pipeline project. To avoid the spread of noxious weeds to other sites and to prevent new species from being introduced, all construction equipment should be thoroughly cleaned prior to arriving on site and after construction is completed. CPW recommends that any restoration of any sites be of a mixture of native grasses and forbs. Any native trees that are removed should be replaced on a 3 to 1 basis, especially in the riparian areas of the Cache la Poudre and Little Thompson Rivers. CPW requests that pipeline construction be limited to within the CR 56 Right of Way where it coincides with the boundary of Wellington State Wildlife Area -Cobb Lake Unit west of CR 3. If such a limitation is not feasible, CPW requires a special use permit for commercial/industrial related activity/access on the State Wildlife Area property as well as a Real Estate Action Request (REAP) for easement access in the event of any permanent structures established on the property. In addition, CPW requests that timing of such construction does not occur from September 1 to the close of dark goose season, roughly February 17th. CPW also requests additional opportunity to comment on potential impacts to the State Wildlife Area property, wildlife related activity, and reclamation of the impact site related to the construction of this project including weed control, dust control, wetland mitigation and public access throughout the planning and construction process. If you have any questions or concerns, please feel free to contact District Wildlife Manager Pepper Canterbury at (970) 217-1471 oratpepper.canterbury@state.co.us. Again, thank you for the opportunity to comment on this project. Sincerely, Ty Petersburg Area Wildlife Manager- Area 4 CC: P. Canterbury A. Curtis J. George M. Sherman Area 4 File Area 2 File Area 5 File 4/4 CPW's Comments re Thornton Water Pipeline (Weld County portion only) — (6/4/20) Page 8 of 9 ATTACHMENT 3 CPW completed Weld County Referral Form (dated 5/27/20) Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Wednesday, July 1, 2020 4:11 PM To: Diana Aungst Cc: Mark Koleber Subject: RE: Referral agency comments - Other Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Thank you for forwarding the referral from Colorado Parks and Wildlife. As indicated in the referral, Thornton has been coordinating the Thornton Water Project with Colorado Parks and Wildlife for a number of years and will continue coordination activities as design progresses. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Saturday, June 27, 2020 4:35 PM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber <Mark.Koleber@thorntonco.gov> Subject: [EXTERNAL] Referral agency comments - Other Jody: Please find attached the referral agency comments from the Other Districts/Agencies received as of 6/26/20. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(a4weldgov.corn www. weldgov. com 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2 Diana Aungst From: Henry, Jody/DEN <Jody.Henry@jacobs.com> Sent: Friday, June 19, 2020 1:29 PM To: gloria.hice-idler@state.co.us Cc: Diana Aungst; Tom Parko Jr.; timothy.bilobran@state.co.us; allyson.mattson@state.co.us; Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) Subject: FW: USR18-0130/City of Thornton/Weld County/Various Locations Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Hice-Idler, Thanks for your response to Weld County's referral on the Thornton Water Project. Your comments and requirements have been noted. Access permits and special use/utility permits will be obtained for the Thornton Water Project as required. Thanks, Jody Henry Thornton Water Project Permitting Task Manager Jacobs D (720) 286-1807 M (719) 440-3430 9191 South Jamaica Street Englewood, CO 80112-5946 www.lacobs.com From: Diana Aungst <daungst@weldgov.com> Sent: Friday, June 19, 2020 9:02 AM To: Henry, Jody/DEN <Jody.Henry@jacobs.com> Cc: Mark Koleber - Thornton (Mark.Koleber@ThorntonCo.gov) <Mark.Koleber@ThorntonCo.gov> Subject: [EXTERNAL] FW: USR18-0130/City of Thornton/Weld County/Various Locations Hi — Please find below in this email string the comments from CDOT. Thanks, Diana Weld County Department of Planning Services 970-400-3524 From: Hice-Idler- CDOT, Gloria <gloria.hice-idler@state.co.us> Sent: Thursday, June 18, 2020 3:20 PM To: Diana Aungst <daungst@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Timothy Bilobran - CDOT <timothy.bilobran@state.co.us>; Allyson Mattson - CDOT <allyson.mattson@state.co.us> Subject: USR18-0130/City of Thornton/Weld County/Various Locations 1 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The applicant will need to obtain access permits when exiting the state highway onto private property> They will also need the appropriate special use/utility permit when crossing CDOT highways. Gloria Hice-Idler Rocksol Consulting (970) 381-8629 10601 W. 10th Street, Greeley, CO 80634 gloria.hice-idler@state.co.us I www.codot.gov I www.cotrip.org NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 2
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