HomeMy WebLinkAbout20202765.tiff MEMORANDUM
TO: Maxwell Nader, Planning Services
1861
FROM: Melissa J King, PE, Public Works
DATE: June 29, 2020
_
_N SUBJECT: COZ20-0005 Harrell
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:
Parcel(s): 096104200002
The project proposes to: Change of Zone from the C-3 (Business Commercial) and R-1 (Low-Density
Residential- Zone District to the A (Agricultural) Zone District
ACCESS:
Weld County Public Works has reviewed the application materials related to access.
Access for this parcel is onto a section of 1st Avenue that is within the right-of-way associated with State
Highway 85.
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.
ROADS AND RIGHT-OF-WAY:
The property access is onto a section of 1st Avenue that is within the right-of-way of State Highway 85.
Contact the Colorado Department of Transportation (CDOT)to determine what right-of-way shall be shown
on the submitted plat. Reference the documents creating the right-of-way. Please contact Tim Bilobran at
the Greeley office, phone number: 970-350-2163.
The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental
Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85
between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance
with the requirements. More information about this study can be accessed at:
https://www.codot.gov/projects/us85pe1.
CONDITIONS OF APPROVAL:
The plat shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along
with the documents creating the right-of-way. (Department of Public Works)
2. Show the approved Colorado Department of Transportation (CDOT) access point on the
plat and label with the approved access permit number if applicable. (Department of Public
Works)
3. Show and label a 30-ft. minimum access and utility easement to provide legal access to
the parcel on the plat. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of
Public Works)
2. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot configuration
or number of users, and without limitation of the use or intensity of the use of such
easements. No lot owner may install a gate or otherwise impede the use of such easements
without the approval of all persons with rights of use of such easements. (Department of
Public Works)
1Kfi1 rir
;►,^_ri =I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Max Nader
From: Lauren Light, Environmental Health Services
Date: July 20, 2020
Re: COZ20-0005 BRIAN K HARRELL
Environmental Health Services has reviewed this proposal for a Change of Zone from
the C-3 (Business Commercial) and R-1 ( Low-Density Residential) Zone District to the
A (Agricultural) Zone District.
The existing residences are served by wells and unpermitted on-site wastewater
treatment systems (OWTS). Upon submittal of the ZPAG the OWTS will be reviewed
through a Statement of Existing and if the systems are found to be inadequately sized
for the proposed use, the systems will be required to be brought into compliance with
current OWTS regulations.
We recommend the following appear as notes on the Change of Zone plat:
1 . Water service may be obtained from appropriately permitted wells.
2. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division and the Weld County Code in effect at the time
of construction, repair, replacement, or modification of the system.
3. Activity or use on the surface of the ground over any part of the OWTS must be
restricted to that which shall allow the system to function as designed and which
shall not contribute to compaction of the soil or to structural loading detrimental
to the structural integrity or capability of the component to function as designed.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-301-641'2 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
MEMORANDUM
1. T$ # -
To: Maxwell Nader, Planner June 24, 2020
From: Hannah Dutrow, Zoning Compliance Officer
Subject: COZ20-0005 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV19-00076)was noted. This
violation was initiated due to the storage of Commercial Vehicles and equipment, the presence of two
homes and a visible Noncommercial Junkyard on a lot with C-3/R-1 split zoning.This case has not been
forwarded to the County Attorney's Office; therefore, an investigation fee IS NOT required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff-initiated complaints.
Approval of this application by the Board of County Commissioners would allow the applicant to screen
the Noncommercial Junkyard, submit a Zoning Permit for Certain Uses in the Ag Zone (ZPAG) for the
second dwelling and allow one Commercial Vehicle on site as a Use by Right.The additional Commercial
Vehicles and equipment would need to be removed from the property.
If this application is denied, the Department of Planning Services asks that the Board refer this case to
the County Attorney's Office for legal action, but to delay legal action for 30 (thirty)days to remove the
Noncommercial Junkyard, one Dwelling Unit and the Commercial Vehicles and associated commercial
storage and operations from the property.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
181 MEMORANDUM
TO: Max Nader DATE: July 7, 2020
FROM: Diana Aungst, CFM
oU r Y SUBJECT: COZ20-0005, Harrell, Brian
PROJECT:
Change of Zone from the C-3 (Business Commercial) and R-1 (Low-Density Residential) Zone District to
the A (Agricultural)Zone District
PARCEL: 096104200002
DELINEATE ON THE PLAT:
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.
PLAT NOTES:
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 #s 08123C-1541E dated January 20, 2016 (Cache la Poudre River
Floodplain).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 by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
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.
Submit by Email
Weld County ReReferral
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June 22 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: BRIAN K HARRELL Case Number: COZ20-0005
Please Reply By: July 20, 2020 Planner: Maxwell Nader
Project: Change of Zone from the C-8 (Business Commercial) and R- 1 ( Low-Density Residential) Zone
District to the A (Agricultural) Zone District
Location : APPROXIMATELY 800 FEET EAST OF 1ST AVENUE ; APPROXIMATELY 0 .36 MILES
NORTH OF EAST 18TH STREET
Parcel Number: 096104200002-R2762986 Legal : 12122 LOT 4 NW4NW4 SECTION 4 T5N R05W&
LOT 1 SW4NW4 of the 6th RM . , 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.
rn 1 We have reviewed the request and find that it does I does not comply with our Comprehensive
Plan because:
ria
We have reviewed the request and find no conflicts with our interests.
111 See attached letter. /4Sintre62
D
g a u ,r� ate uly 13 ,ERVATIOSTrucr Agency EST GR��E . CS
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO, 80631 (970) 400-6100 (970) 304-6498 fax
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West Greeley Conservation District
(970 ) 356-8097
Below is a list of the soils and their limitations according to the USDA , Weld County Soil Survey . - -
Map Soil Shallow I Dwe ings Dwellings with I Small Septic Tank Prime Farm
Symbol Name Soil Texture Excavations without Additional Comments
basements , Commercial Absorption Land ( if
3 Aquolls Gravelly Substratum Severe Severe Severe Severe Severe No
68 Ustic Severe f
No i
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The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. I€ you or the applicant have any questions please feel free to call our office.
WEST GREELEY •
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Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
June 22, 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: BRIAN K HARRELL Case Number: COZ20-0005
Please Reply By:July 20, 2020 Planner: Maxwell Nader
Project: Change of Zone from the C-3 (Business Commercial)and R-1 ( Low-Density Residential)Zone
District to the A(Agricultural)Zone District
Location:APPROXIMATELY 800 FEET EAST OF 1ST AVENUE;APPROXIMATELY 0.36 MILES
NORTH OF EAST 18TH STREET
Parcel Number: 096104200002-R2762986 Legal: 12122 LOT 4 NW4NW4 SECTION 4 T5N R65W&
LOT 1 SW4NW4 of 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.
fl We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
IT We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Date 6/24/2020
Agency CiOlorado Divisio of Water Resources
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
C API% COLORADO
Division of Water Resources
Department of Natural Resources
June 25, 2020
Maxwell Nader
Weld County Department of Planning Services
Transmission via email: mnader@weldgov.com
Re: Change of Zone for Brian Harrell
Case No. COZ20-0005
Lots 1 and 4, Union Colony Lands Subdivision
Pt. NW IA of Section 4, T5N, R65W, 6th P.M.
Water Division 1, Water District 3
Dear Mr. Nader,
We have reviewed the above referenced proposal for a Change of Zone. The submitted
material does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S.
Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to
county planning directors, this office will only perform a cursory review of the referral information
and provide comments. The comments will not address the adequacy of the water supply plan for
this property or the ability of the water supply plan to satisfy any County regulations or
requirements.
The subject application seeks to rezone a 16.8-acre parcel, identified as Lots 1 and 4 of the
Union Colony Lands Subdivision, currently zoned as C-3 (Business Commercial) and R-1 (Low-Density
Residential. The application seeks to rezone the parcel to an A (Agriculture) Zone District to be
consistent with the current uses. The site has two existing homes and has oil Et gas facilities located
in the northern portion of the property. The proposed source of drinking water for the property are
existing wells.
According to records available to this office, the two dwellings are served by an existing well
with permit no. 226878-A. Well permit no. 226878-A was issued pursuant to section 37-92-602(3)(c),
C.R.S., for the relocation of a well first put to use prior to May 8, 1972. Permit no. 226878-A allows
the use of the well for fire protection, ordinary household purposes inside two (2) single-family
dwellings, the irrigation of not more than 10,000 square feet of home gardens and lawns, and the
watering of domestic animals. The proposed rezoning will not impact the validity of permit no.
226878-A.
The second well on the property, permit no. 287278, was issued pursuant to section
37-92-602(5)(e), C.R.S., for historical use described as a well producing 50 gpm and used for fire
protection and the watering of domestic animals, poultry and livestock on a farm or ranch. The
validity of the permit will not be impacted by the proposed rezoning.
This office has no concerns regarding the proposed Change of Zone. Should you or the
applicant have any questions regarding this matter, please contact Javier Vargas-Johnson at this
office via email at javier.vargasjohnson@state.co.us.
'.i" 7 sh•i II':'.' •711•':'1 f.:.. I I}.' . ..,iI..irI. C.'.. ;i0..li :' .5..}.{:Ii 5.i5r: 'l-ii:i .::I':':7ilo.ro 6.'0::" 7,3: ,�•,,
.).: t.c : . :'t,.'. .. :r.•Ir::• .?,rI ;: I:I:,.. :.t.t.i:Iri I]r:.t I::' h-•r•r 4:. ?:-1 . •:Ir.::' i •t'rlt.rl:I1 :.t I:•• H ,�M
Harrell Rezoning June 25, 2020
Case No. COZ20-0005 Page 2 of 2
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Owner (Brian Harrell, bharrell92@yahoo.com )
Agent (Todd Hodges Design, LLC, toddhodgesdesign@qwestoffice.net )
Well permit file nos. 226878-A and 287278
Referral file no. 27186
FORM �'- ---_,E
0919-31WELLCONSTRUCTION AND TEST REPORT For Office Use only
x4 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
, - I,
Ma . —
1. WELL PERMIT NUMBER w
2 OWNER NAME(S) EL-DON , ti h Picrre 1(14 IAA RE L-L L AUG 1 1 2000
Mailing Address_-- •-l;l C-I r i R A L _
City, St. Zip _Il I 1 N C 0 6 r .ST TE-clUtilNFER'
Phane.(OR O) 9 . 9 5 col.° -
a CATION AS DRILLED: NW 1/4 N V ,114, Sec. 4 Twp. 5 Ki , Range tq 5 Vi_
DISTANCES FROM SEC, LINES:
1310 ft. from H Sec. line. and I 1 15 ft. from i Sec, line. OR
(wigwam-
SUBDIVISION: _ LOT BLOCK FILING(U NTI)
STREET ADDRESS AT WELL LOCATION:
4. GROUND SURFACE ELEVATION ft. DRILLING METHOD P Drrn R y
DATE COMPLETED cR-1-f-QQ ._-I_ I.p ft. DEPTH COMPLETED 1t
-_. -. B. -GEOL IC-LOG:.. - - - -- 6.F4c LE DIAM: (in,)..-Rohl
( - To ti)-- .
Depth Description of Material (Type.Size,Color,Water Location) _
y —I--_-T0 P O I I-- - - �—
1- -
D Rri- Jfi- _ T
18-.9-g A N t-i 6-R i -V.E L i NJ is -Ccz Rock( T. PLAIN CASING
8Q(5wr Cl ay OD (in) Kind Wall Size From(ft) To(ft)
-- - O MI+ VA-,.,b u T o i1E L •)S . !- .ci
14.3-50 44 Ltr $ ' .PVC- 1 I77 .2O so
_ PERI .CASING: Screen Slot Size:
5 4 plE RC ' 7 - "B _ bO
_ 1 =
8. FILTER PACK: 9. PACKER PLACEMENT:
„_ Material p Eft G-e4vEL Type _
- T Size 3 -
-- ._ Interval `oZO- so Depth
10. GROUTING RECORD:
r. • __ Material Amount Density Interval Placement
REMARKS: C' HENT ,)ccx 1'8G 0 -,„ac, POukiZN
----_... — - - - -_ -
11. DISINFECTION: Type H- Amt. Used l Cu P
12 WELD TEST DATA: O Check box if Test Data is submitted on Form No. GWS 39 Supplemental Well Test
TESTING METHOD _SA, I LE _
Static Level 1 b . ft. Date me measured - 16- 1 -o O , Production Rate 1 5 gpm.
Pumping level i B _ ft. Date/Time measured S- 1-^coo , Test length (hrs.) 1,c-
Remarks
.._•o . . - - - -
13. I have read the statements made herein and know the contents thereof,and that they are true to my knowledge, [Pursuant to Section 24-4-104(13)(e)
CRS..the making of false statements herein constitutes perjury in the second degree and is punishable as a class I misdemeanor.]
CONTRACTOR Q i Q u,-i i.L d CAL)i.-tP Phone (q f ) 3 53- -61t.5 Lic. No. S57- -
Mailina Address Q ,_0 _ 7 I-Y c _
Name/Trtle (Please type or print) Signature _ m Date
Form No. OFFICE OF THE STATE ENGINEER
GWS-26 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203
(303)866-3581 857
WELL PERMIT NUMBER 4g2a02 4 Z 71 - -
APPLICANT DIV. 1 WD 3 DES. BASIN MD .
APPROVED WELL LOCATION
WELD COUNTY
ELDON L& PATRICIA J HARRELL NW 1/4 NW 1/4 Section 4
4123 CENTRAL Township 5 N Range 65 W Sixth P.M.
EVANS, CO 80620-
DISTANCES FROM SECTION LINES
1310 Ft. from North Section Line
(970)339-3053 1115 Ft. from West Section Line
PERMIT TO CONSTRUCT A WELL _-
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(c)for the relocation of an existing well, permit no. +2 87
The old well must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety(90)days of
completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that
the old well was plugged.
4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than two
(2)single family dwellings,the irrigation of not more than 10,000 square feet of home gardens and lawns, and the
watering of domestic animals. This well Is to be located at 288 1st Ave., Greeley,Weld County,CO.
5) The maximum pumping rate of this well shall not exceed 20 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit
APPROVED . his"
MAS
State Englnsar By JUN2 8 2002
%Receipt No.04603138 DATE ISSUED JUN 2 8 2000 EXPIRA ION DATE
RECEIVED
COLORADO DIVISION OF WATER RESOURCES •
DEPARTMENT OF NATURAL RESOURCES MAY 0 8 2000
, I3I3 SHERMAN ST., RM.818, DENVER CO 80203 WATER RESOURCES
phone info: (303) 866-3587 main; (3031 866-3581 STATE ENGINEER
RESIDENTIAL *INote!You may also use this form to apply for livestock watering} Water Well Permit Ap ation
Review instructions prior to completing loran) Mrfst be com.pleted_in black ink or typed
1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries)
Nitre of applicant -
�. See inotrUctions to determine usels)for which you may qualify —
❑ A. Ordinary household use in one single-family dwelling
ElAti i �, , 01�'C (NQ outsidt3 use)
'dilating Addraee B. Ordinary household use in 1 to 3 single-family
JI dwellings: +�
_ .. f ,r�:02 \-111.\ Number of dwellings: rr
City - —. Stets Zip code 4, Home garden/lawn irrigation, not to exceed 1 Ore:
Q CV Q �d1c . area irrigated_ / ❑ sq. ft. acre
-
Teiekone Plumber.linclucte r coolel ® Domestic animal watering -- (non-commercial)
2. TYPE OF APPLICATION (check applicable box(es)) '►' C. Livestock watering (an farm/ranchlrangelpasturc) -_
}❑ Construct new well
0 Use existing well WELL DATA _..
y4(,Replace existing well CIChange /Increase Use Meai,Yiwn punplr1p rate Annul amountto b.,.dehdr.wn
lrL�J Change (source) aquifer 0 Reapplication(expted penult) _. gpn'i / acs -feet
q Other: Total depth Addles
3. REFER TO (if applicable): - feet 41U01 0/ "`-i
Water court ease# Permit i7 8 TYPE OF RESIDENTIAL SEWAGE SYSTEM .
Septic tank / absorption leach field
Verbal# Monitoring hole acknowledgment p Central system
-VE_ Nil-I- District rlarne: .
Well slams or if— - -- 0 Vault
Location sewage to be hauled to: - _ --
4. LOCATION OF WELL _ ❑ Other (attach copy of engineering design)
County Quarter/quarter Quarter 9, PROPOSED WELL DRILLER (optional) _
` LL, 14 igf) ) % Name License nahnhar
Section Township N or$ Range4+
E or W Prirwipal Meridian a 1 1.;,R. \,--v\-%9
_ pi 0 0 04 -4 e 10, SIGNATURE of applicant(s) or authorized agent
Metal-ice of welt from section linca The making of false statements herein constitutes perjury
Zp3 LC) ///...5'
rt, from �N ❑s . ft. lam 0 E �, W in the second degree, which is punishable as a class 1 mis-
Well location a idrsa,if e1 t tiers applicant eddreea Of applicable(. demeanor pursuant to C.R.S. 24-4-104(131(a). I have read
RQ (`g ,_ , — C Y the statements herein, know the contents thereof and state
For replacement/wale only-diu*n s and direction from old
j&cell to new weir that they are true to lily knowled .
I..� feet '"-' direction Mwr l>a eridra�signet-.
�
5. TRACT ON WHICH WELL WILL BE LOCATED 1 -^}�k i l ..
A. You must check one of 111.following-tee instructions Title bete
0 Subdivision: Name - - - . I Dr 7
Lot no. Block no. Filing/Unit OPTIONAL INFORMATION -
__
CAWap no. Surface also,
0 County exemption (attach copy of county approval & survey) 1.1 map name
O
Name/no. Tract no. __ _ Y
O Mining claim (attach copy of deed or survey) Office Uue Duly
•
N e/na. -.._ • .DIV _
ether (attach(seal description to application)
CO
a. STATE;PARCEL
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mi
C. I sere* In tract A. a you the owner of this property? IiWQiC3
siBistie 1$4� �,
AYES 0 NO lit no- tee detailed inst.) . cas11 eT I}�7 �1BA
f" bra
E. Will this a the o y well on this tract?
OYES NO (If_ather wells are on this tract-see detailed instl _ t1Tchase- *tom
- Form GWS-44(11195)
1. •• •' •J
I
i RECEIVED ''
r
• MAY 0 8 2000
,-
M AP 3 R 65W STATE ENGINEER
JOINS MAG 20 S7AYE Q NEEii
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• a- I5.SINertisT(i
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4I R3 JOINS MAP 29 x181 4 i�J .
SCHEDULE A
Order Number: 9261 Commitment Number: CG 30059
1. Effectrvedate: October 11 , .1972 at 7:45 A.M.
2. Policy or Policies to be rued: Amount of Insurance
CIKXLVitcliIUDWItitta
Standard Owner's(marketability) $24,250.00
Proposed Insured:
ELDON L. HARRELL AND PATRICIA J. HARRELL RECE v r)
lbr SA rd Polo't ;! S • MAY 0 8 2000
Frp ,tot!0.4
WATER RE5QLwick;;
STATE ENGINEER
(c) Leamhold
! CO1 tD
Proposed Insured:
r .• ,., � > .. .. :..: .,. ,,..s ... , ..: , A FEE SIMPLE.
4. Title to Uw fee Simple 4s1•JCe uF Ia Ai„Jl i i..11eit,rc date FIEILVt vSn11.a1 III
MELVIN F. BAIN AND GRACE E. BAIN
5. The land referred to in this Commitment is described as follows -
Lot One (1 ) of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4)
and Lot Four (4) of the Northwest Quarter (NW1/4) of the Northwest Quarter
(NW1/4) all in Section Four (4) , Township Five (5), North, Range 65 West of the 6th
P.M. , according to the subdivision of lands made by the Union Colony of Colorado.
4
tkk
1'• REGULAR RATE
• Owner's $143.80
•
Tax Cft. 3.00
TOTAL ' $146.88
•
•
•
•
Page 2 "TE ART TITL +
OUAtR4NTT COMPANY
Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203
(303)866-3581 LR
WELL PERMIT NUMBER 287278 -
APPLICANT DIV. 1 WD 3 DES. BASIN MD
Lot: 1 Block: Filing: Subdiv: UNION COLONY LANDS
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 NW 1/4 Section 4
BRIAN K HARRELL Township 5 N Range 65 W Sixth P.M.
288 1ST AVENUE DISTANCES FROM SECTION LINES
GREELEY, CO 80631- 1687 Ft. from North Section Line
1288 Ft. from West Section Line
(970) 405-6175 UTM COORDINATES (Meters,Zone:13,NAD83)
REGISTRATION OF EXISTING WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) Construction details for this existing well have not been provided to this office;therefore, it is not known if the construction
of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not
relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the
construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination
occur.
3) This well is recorded and permit approved in accordance with CRS 37-92-602(5)for historical use as indicated herein
and described in CRS 37-92-602(1)(e), being a well producing 50 GPM and used for fire protection,the watering of
domestic animals, poultry and livestock on a farm or ranch.
4) The date of first beneficial use, as claimed by the applicant, is December 31, 1970.
5) The well owner shall remove any pumping equipment that is rated for a discharge greater than 50 gpm and replace it with
pumping equipment with a discharge that will not exceed 50 gpm. The applicant shall submit a Pump Installation and Test
Report(Form GWS-32)to the Division Engineer within 60 days of the issuance of this permit, affirming the pumping
equipment has been replaced. If the applicant wishes to utilize the existing pumping equipment installed in the well, the
Applicant shall submit a letter to the Division Engineer within 60 days of the issuance of this permit specifying the type of
pump installed and confirming that the pump is rated for a discharge not to exceed 50 gpm. At a minimum, confirmation
should include the pump horsepower and pump discharge diameter.
6) If not already in place,the well owner shall fit the well with a cap or sanitary seal to prevent surface water, pollutants, or
contaminants from entering the well. The Applicant shall submit a letter to the Division Engineer within 60 days of the
issuance of this permit confirming the well has an existing cap/sanitary seal, or a new cap/sanitary seal has been installed
on the well
NOTE:This well was decreed in case no.W-2620 as Well No. 1-Unregistered for irrigation of 20 acres with a pumping
rate of 202 GPM (0.45 cfs) absolute. On November 3,2011,the applicant submitted a request to register the well for
watering of domestic animals/poultry and livestock, and an affidavit of abandonment of the nonexempt use. }}
- LA1 12120 1(
APPROVED
JMW
State Engineer By
Receipt No.3652884 DATE ISSUED 12-20-2011 PIRA 1ON DATE
7 �
Form STATE OF COLORADO ` For Office Use Oalw
No. OFFICE OF THE STATE ENGINEER
GWS-12 1313 Sherman St., Room 818, Denver, CO 80203
7/2009 Phone(303) 866-3581 SEP 2 3 2011
Fax(303)86&3589 htty:/lwater.state.co.us
REGISTRATION OF EXISTING WELL
Review form instructions prior to completing form
NAME & CONTACT INFORMATION OF WELL OWNER:
cti •c
NAME(S) CD C:s
l ink.- 451,tat
k NOV 03 2_U1`. �'r+
MAILING ADDRESS
Zc 1st WAlEti ;., o
STATE , "
CITY: STATE: ZIP CODE: , • . Jit F
fir: a 5a,G j
TELEPHONE NUMBER E-MAIL (OPTIONAL) " ,
f rc)i*
WELL LOCATION County u,d1 Owner's Well Designation(optional)
(Address) (City) (State) (Zip)
Li) 1/4 of the VI.) 1/4, Sec. 9 ,Twp. 3— ,E N. or❑ S., Range ,S ❑ E. orZ W., 4 P.M.
Distance from Section Lines dg-39 Ft. M N. or❑ S. Line, /ZgS'' Ft ❑ E. orjE W. Line.
ATTACH A COPY OF A CURRENT DEED FOR THE SUBJECT PARCEL
Subdivision Name 1.,/4# /241•14y ZA-0/S , Lot , Block , Filing/Unit
Optional: GPS well location information in UTM format. The following GPS settings are required: Fasting )-
Format must be UTM. Units must be in meters. Datum must be NAD83. Unit must be set to true
north. ❑Zone 12 orgZone 13
Was GPS unit checked for above items? ,YES D NO Northing7.75-46.1/
The well has historically been used for the following purpose(s): star
Water from the well was first used beneficially by the original owner for the above described purposes on /0-J/-._
The total depth of this well is 3Q feet.
The pumping rate of this well is 5t2 gallons per minute.
The average annual amount of water diverted is acre-feet
The lawn and garden irrigated(watered)by water from this well is O 0 Acre or❑ Square feet.
Number
The making of false statements herein constitutes perjury in the second degree,which is punishable as a class 1 misdemeanor pursuant to
C.R.S. 23-3-104(13)(a). I have read the statements herein, know the contents thereof, and state that they are true to my knowledge.
Signature(s)of the Well Owner(s) Print Name and Tide of Well Owner(s) Date
For Office Use Only
WE
VVR
CWCB r
AQUA *c
My.JAIT Div I - WD 3 Basin MD
Form COLORADO DIVISION OF WATER RESOURCES For Office Use Only
No. DEPARTMENT OF NATURAL RESOURCES RECEIVED
GWS- 1313 SHERMAN ST., RM 818, DENVER, CO 80203
12-A Phone--info: (303) 866-3587 main: (303) 866-3581
7/2009 Fax: (303) 866-3589 http://www.water.state.co.us SEP 23 2011
STATEMENT OF HISTORICAL USE NOV 03 ?_43. %Node-
Review form instructions prior to completing form l Ar k •
This form is to be submitted with the Registration form,GWS-12 STATE �y: t' -GltEri! •_-.
do state as follows: I am the owner of a well located in the
(print name of well owner) /
1/4 of the Al 0/ 1/4, Sec. `,7 , Township _5— N. or❑S., Range '- E E.or W, J' P.M.
Water Court case no. w 06 Zd (if applicable), Owner's well designation (well name) hl� 'e we.// -_Z
Location of well (street address-if applicable): 7g-e- "sic �.
Location of well (subdivision name/lot/block/filing—if applicable): /c/ - „ ,�� ea/d-sue.
Is historical use on same parcel as where well is located? L'C Yes/ No. If no, provide location where well is used
(address/subdivision name/lot/block/fiiing):
Size of parcel where well is located 70 acres. Will this be the only well on the parcel? Yes/ No. If no, list permit number(s)
or water court decree case number(s)for other well(s)
Will future use be on same parcel as historical?. �Yes/ No. If no, provide new location (address/subdivision name Mot/block/filing)
Existing well location and visual conditions: If stating no, must include an explanation of the circums)anes.
Type of existing well(circle one): drilled; hand dug;spring well;gallery well; gravel pit; other .... "--441:3,‘
Distance to nearest septic tank/sewer line (approximate) 'Zi?"O feet. Distance to nearest leach field (approx.) 2 feet
Is the well in a clean and sanitary location?
Is the ground at the surface surrounding the well firm and stable and sloped away from the well for proper drainage? yts
Is the well situated in a well house or vault? hc, If so, is the well house or vault in good repair and condition?
Existing well construction and materials: If stating no, must include an explanation of the circumstances.
Is the well equipped with a sanitary well seal/cap? ,vo
Is the well constructed with steel casing that extends at least one(1)foot above the ground surface? ,r'a
Casing size(diameter) /≥ __inches.
Who constructed well? Who installed pump?
Historical use initiated prior to May 8,1972
The well identified above has been used since prior to May 8, 1972 as the water supply for the following exempt uses listed in§37-92-602,
C.R.S. (or§37-90-105, C.R.S., in a Designated Ground Water Basin):
a) Ordinary household use inside 0 _single-family dwelling(s) (maximum of 3 single family dwellings);
b) The irrigation of a acre/square feet(circle one)of home gardens and lawns(maximum of one acre-one
acre is equivalent to 43,560 square feet);
c) The watering of domestic animals/poultry yes/ no; livestock on a farm or ranch .jr yes/ no
OR(above uses cannot be combined with commercial uses]
d) Drinking and sanitary facilities inside an individual commercial business yes/ no (If commercial use claimed, Form
GWS-57, Commercial drinking and sanitary well worksheet,must also be completed and submitted.)
(Note: Commercial wells in a Designated Ground Water Basin may also include outside uses.)
Have the above claimed uses been in continuous use since May 8, 1972? Yes/ No. If no, for each claimed use, list dates when
this well supplied the above claimed uses: 174..—v Orr ,✓�rr,G �C?cZs
I understand that uses that were not initiated prior to May 8, 1972 are not eligible for registration and any expansion of use that occurred
after May 8, 1972 is not eligible for registration. Additionally, I understand that if the well has not been operational or has not existed for a
period of at least ten (10)years,the well is not eligible for registration.The making of false statements herein constitutes perjury in the second degree,which is punishable as a class 1 misdemeanor pursuant
to §23-3-104(13)(a), C.R.S. I have read the statements herein, know the contents thereof,and state they are true to my knowledge.
Print Name &Title (Well Owner(s)) Signature of Well Owner(s) Date
/a- e e ,, ,r. I 9-O_1--//
c°4O DEPARTMENT OF NATURAL RESOURCES
t"7" a\ DIVISION OF WATER RESOURCES
• •, john W.Iiickeniooper
1876 Governor
• Mike Kin
September 26, 2011 Nov 1t 2101;Executive-Director
• Dick Wolfe,P.E.
t,Jk:}:I ctor/StateEngineer
BRIAN K HARRELL • NEFr'bavid L.Nettles,P.B.
288 161.AVENUE Division Engineer
GREELEY, CO 80631
RE: DOWNGRADE EXISTING WELL TO EXEMPT STATUS
To: Brian Harrell
To the best of our knowledge you are the owner of the following well:
Water Court
WDID Case No: Permit No. Section Township Range
0106851 W-2620 ---- 4 5 N 65 W
The purpose of this letter is to follow up on your September 23, 2011 visit to the Division One
office in Greeley during which you filled in the paperwork to re-permit this well for the historic
exempt uses of the watering of domestic animals and livestock watering.
During a site visit.by our office in August 2011, we noted the twelve inch casing Size and that
there is a large capacity pump and motor at the well. In order to ensure the well cannot be
used for irrigation in the future, one of the conditions of the exempt permit will be that the
twelve-inch casing be modified so that a pump of a size appropriate for exempt-type uses can
be used.
An acceptable casing modification includes installing a liner casing, no larger than six inches in
diameter, inside the exiting casing of the well. The liner casing shall be steel casing in the
interval required by the Water Well Construction Rules, may be PVC casing below the steel
cased interval, shall be grouted in the intervals specified for new wells in the Water Well
Construction Rules, and shall be fitted with a standard sanitary well seal. You may also submit
a proposed plan for modifying the existing well casing to the address below—a diagram and
brief explanation of the intended modification may be acceptable. We will review your
proposed plan of modification and forward the request to the permit office in Denver for their
approval.
Additionally, a copy of the deed of the parcel is required as part of the permit application—refer
to the requirements for Form GWS-12.
If you have any questions about the `downgrade' process, please call me at the telephone
. number listed below.
Sincerely,
0
Jean Lever
Ground Water Commissioner
Water Division 1 s Greeley
• 810 9'h Street,Suite 200•Greeley,CO 80631 •Phone:970-352-8712•Fax:970-392-1816
http://water.state.co.us
RECEIVED
AFFIDAVIT TO PERMANENTLY ABANDON USES,REDUCE DECREED C ( \
AND REQUEST TO CANCEL WELL PERMIT
,l,ATER•RESOuRCES
W51O1%11
I, .X./.1,1-, k r�f,��617 (print name)do swear and depose as follows: 3PtEELEY.roLo n
1. I am the owner of a well located in the '/<of the A4 'A of Sec. I/ '6Ct.-oft-
Township 5,✓ S(circle one),Range E( circle one),
well permit no. +ifA ,WDID no.(only if decreed) o/04g..51
2. I have been using the well identified above as the water supply for the following exempt uses N°11Ir'f Z01?
listed in Section 37-92-602(1)(b)or(1)e,C.R.S.: iw4�w;
Ta7,
�CsfIVFFG
a. ordinary household uses in O (no.)single-family dwellings;
b. the irrigation of O (area,< 1 acre)of home gardens and lawns;
c. the watering of domestic animals 4_0/ no;
d. the water of livestock on fauns and ranches rlC es l no;
e. fire protection es/ no.
I understand that if I limit the use of this well to only these uses,the well would qualify as an
exempt well and no plan of augmentation or substitute water supply plan would be required.
3. I have permanently abandoned the use of said well for all but the aforementioned"exempt"
uses.
4. I have been using the well for the above listed uses before(check one):
a. May 22, 1971 (well production is limited to 50 gallons per minute);
b. May 8, 1972(well production is limited to 15 gallons per minute).
5. I understand the Division Engineer will seek to abandon all but the exempt water rights,and
will limit the decreed capacity to ,dA gpm/cfs,associated with this well in the next
decennial abandonment list pursuant to Section 37-92-401(2)(b)and I hereby attest that it is my
unequivocal intention to abandon said water rights and,further,that I hereby bind any and all
successors-in-interest to comply with and be subject to my stated intention to abandon the
associated water rights.
6. This is a formal request to cancel the non-exempt well permit no. N/A
7. I hereby apply for late registration of an exempt well with the State Engineer's Office pursuant
to Section 37-92-602(5)C.R.S. Enclosed is an original application for late registration of a well
for the above exempt historical uses in accordance with 37-92-602(5)along with my$100.00
filing fee and the field inspection by Water Division 1 evidencing historical use of the well.
Print Name Affiant(Signature)
-- s'` 4-r
Address
gt -3/
City,State,Zip
uhiscribe and sworn to before me in the unty of We l a , State of
this 2 3 day of Xr1I0/JL ,201 1 .
My commission expires:
NOTARY PUBLIC 2.012
Mail to: Division Engineer •
Attn: Ground Water Commissioner
810 9th Street,Suite 200
Greeley,CO 80631 (revised 08/03/10)
NOV (i 3 20r
November 1, 2011 VATtrc;rtL
STATE EN
To: Joanna Williams, Arlene Boone
The enclosed forms were submitted to the Greeley office by Brian Harrell to downgrade the following
well to an exempt status:
WDID 0106851, W2620, no permit
• Mr. Harrell has requested to fully abandon the irrigation water right, and obtain an exempt
permit for domestic animals and livestock. A field inspection of the location does show
domestic animals present on the property; however the well team is unable to confirm
stockwater use at this time.
• This well does require a casing modification. Mr. Harrell was informed of this via a letter and I
give him the opportunity to provide our office with a description of how he intends to modify
the casing. I've including a copy of that letter. He has not responded as of October 31, 2011.
Please add the standard casing modification language to the permit.
Thanks,
Jean Lever
Groundwater Commissioner
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