HomeMy WebLinkAbout20180282.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: December 19, 2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: USR17-0063 Shepherd
The Weld County Department of Planning Services -Engineering 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: Parking, storage, and staging of commercial vehicles and equipment used to haul
agricultural products
This project is east of County Road 23 and is south of and adjacent to County Road 6.
Parcel number: 146925000011
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
This area IS within an Urbanizing Drainage Area:
Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on
the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm
falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant's engineer has submitted a Drainage Narrative stating that the use of the site will not increase
the imperviousness of the site, exception 1.a.8. There is a gravel area on the site that will be refreshed.
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. 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 and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Planning Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This site is in a FEMA regulatory floodplain. A flood hazard development permit is required for any
development in the floodplain. Contact the floodplain planner Diana Aungst at 970-353-6100.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
PROJECT:
MEMORANDUM
TO: K. Ogle
FROM: Hayley Balzano, CFM
SUBJECT: USR17-0063 Shepherd
DATE: December 19, 2017
A Site Specific Development Plan and Special Review Permit for an agricultural service establishment
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including: sorting, grading, and packing fruits and vegetables for the grower and similar uses to the
uses listed above as Uses by Special Review as long as the use complies with the general intent of the A
(agricultural) Zone District (Parking, staging, and storage of commercial vehicles and equipment and the
trucking or agricultural products including meat, dairy, and produce) in the A (Agriculture) Zone District.
PARCEL: 146925000011 (Lot B of RE -373)
At this time, the applicant is not proposing any development within the floodplain. Conditions of Approval
and Development Standards are typical standards for parcels in the floodplain.
CONDITION OF APPROVAL:
1. Any improvements and new construction in the floodplain require a Flood Hazard Development Permit.
(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 #08123C -2115E effective date January 20, 2016 (South
Platte 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 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)
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: December 19, 2017
FROM: Evan Pinkham, Public Works
SUBJECT: USR17-0063 Shepherd
The Weld County Department of Public Works has reviewed this Use by Special Review 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 AN
AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE
GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS USES BY SPECIAL REVIEW
AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE
DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND
THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING MEAT, DAIRY AND PRODUCE) IN THE
A (AGRICULTURE) ZONE DISTRICT
This project is south of and adjacent to CR 6 and is west of Leona Avenue. Parcel number 146925000011.
Access is from CR 6.
ACCESS
Access to the site has been preliminarily approved at the following location(s):
On CR 6 located approximately 530 feet west of Leona Avenue.
Existing accesses at these locations require closure and reclamation:
On CR 6 located approximately 10 feet west of Leona Avenue.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/publIc works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www weldgov com/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
For shared accesses, Public Works strongly recommends the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement, but is recommended to avoid property owner
conflicts in the future.
ROADS AND RIGHTS -OF -WAY
County Road 6 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and 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 III, Section 23-3-50, 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.
Leona Avenue is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and 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 III, Section 23-3-50, 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.
Per Chapter 12, Article 4, Section 12-4-30.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
https://www,weldgov.comldepartments/publicworks/permits!.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 6 was taken on 8/30/2017 which counted 3767 vpd with 38% trucks.
The traffic study states that there will be 178 total trips. Peak hour in would be 8 trips and peak hour our is
11 trips.
This review is concerning the Traffic Impact Study prepared by Aldridge Transportation Consultants for a
food distribution center proposed off WCR 6 east of WCR 23. The traffic impact study references the current
traffic on WCR 6 as 1,891 ADT, with 16% trucks. The most recent counts by Weld County (taken August
30, 2017) on this stretch of road show the current traffic as 3767 ADT, with 38% truck traffic. The traffic
impact study also references a 20 -year growth factor of 2.4. The Weld County 2035 Transportation Plan
shows a 26 -year growth factor of 4.98, or a growth rate of 6.2%, for this region. The traffic impact study
will need to be resubmitted with the future traffic volume calculation as well as the future level of service
calculations recalculated using the correct growth rate and most recent traffic volumes.
The traffic impact study refers to the existing entrance as being 25 feet wide with 50 foot radii. Due to the
anticipated volume of truck traffic using the entrance, a 50 -foot radius will be insufficient. The entrance
radii will need to be improved to 65 feet to accommodate the anticipated truck volumes.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. 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 devices
can be double cattle guards or rip rap (6" washed rock). 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.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldclov com/UserFiles/Servers/Server 6/File/Departments/Publie/020Works/DevelopmentR
eviewlsprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of Public
Works)
B. The plan shall be amended to delineate the following:
1. Leona Avenue is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
2. County Road 6 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
3. Show and label the approved access locations, and the appropriate turning radii (60') on the site
plan. The applicant must obtain an access permit in the approved location(s) prior to construction.
(Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. Show and label the entrance gate if 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)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: December 4, 2017
Re: USR17-0063 Shepherd
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for an agricultural service
establishment primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: sorting, grading and
packing fruits and vegetables for the grower and for uses similar to the uses
listed above as uses by special review as long as the use complies with the
general intent of the A (Agricultural) zone district (parking, staging and storage
of commercial vehicles and equipment and the trucking of agricultural products
including meat, dairy and produce) in the A (Agriculture) zone district
It appears that an individual well (13320-F) which was permitted for a home and
vegetable work shop was late registered in 1968. The applicant is required to
comply with the Division of Water Resources conditions to utilize this well.
There is no septic permit on record for this parcel. If the existing septic system
will be utilized for the business, an engineer review is required and if the system
is inadequate a repair permit must be submitted and the system shall be brought
up to current requirements. It appears that most of the property to the south of
the building is in the flood plain and a septic system located in that area must
comply with flood plain regulations.
The application indicates that approximately 18 full time personnel would be
located on site. There may be up to 60 trucks associated with the business. A
portable toilet and bottled water can be used for employees who are on site for 2
consecutive hours or less and 2 or less full time employees on site.
As this is a wholesale food distribution business, retail food regulations do not
apply.
Health Administration
Vital Records
lot: 9/U 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9,10-304-64 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
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
Minor maintenance such as oil changes, tires and brakes will occur on the
property. A dumpster will be provided for trash and waste oil will be recycled by
Green Thum Recycling. There will be fuel storage on site and there are floor
drains in the existing building. The application indicates fuel storage will not
exceed 660 gallons so a SPCC plan is not required. The floor drains will be
cemented in so there will be no discharge. Washing of the inside of trailers will
occur on the site. The discharge guidance document provided by the State
titled: "Low Risk Discharge Guidance: Discharges From Surface Cosmetic
Power Washing Operations To Land July 2010" shall be adhered to for washing.
We recommend that the following requirements be met prior to allowing the plat
to be recorded:
1. The Environmental Health Services Division was unable to locate a
septic permit for the septic system serving the existing structure. The
septic system shall be reviewed by a Colorado Registered Professional
Engineer in association with the submittal of a septic permit
application. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system
shall be brought into compliance with current Regulations.
2. The applicant shall submit written evidence from the Colorado Division
of Water Resources, demonstrating that the well permitted as 13320-F
is appropriately permitted for the commercial use. Documentation shall
be provided to the Department of Planning Services and the
Environmental Health Services Division.
3. The applicant shall submit photos of the sealed floor drains to the
Department of Planning Services and the Environmental Health
Services Division.
We recommend that the following requirements be incorporated into the permit
as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and
removed for final disposal in a manner that protects against surface and
groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is
not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.
3. 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 applicant shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on
the property should comply with the Colorado Air Quality Commission's
air quality regulations.
5. The facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone as delineated in 25-12-103 C.R.S.
6. Adequate drinking, hand washing and toilet facilities shall be provided
for employees, at all times. For employees or contractors on site for
less than 2 consecutive hours a day, and 2 or less full time employees
on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained
on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers.
7. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems.
8. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes.
9. In the event the facility's water system serves more 25 persons on a
daily basis the water system shall comply with the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and
Environment strongly encourages well users to test their drinking water
prior to consumption and periodically thereafter.
10.Any vehicle or equipment washing shall adhere to "Low Risk Discharge
Guidance: Discharges From Surface Cosmetic Power Washing
Operations To Land July 2010" as provided by the State.
11.The facility shall comply with all provisions of the State Underground
and Above Ground Storage Tank Regulations.
12.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Kim Ogle, Planner November 17, 2017
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR17-0063 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV17-00225) were noted.
These violations were initiated due to the addition of a large trucking business without first completing the
necessary Weld County Zoning Permits or Building Permits. This case has been forwarded to the County
Attorney's Office: therefore, an investigation fee IS 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 correct the outstanding
violations. If this application is denied, the case will continue through the District Court process until the
violations are removed from the property.
SERVICE, TEAMWORK: INTEGRI FY: QUALIFY
MEMORANDUM
To: Kim Ogle, Planning Services
From: Jose Gonzalez, Assistant Building Official
Subject: USR17-0063
Building Referral, Shepherd
Date: January 08, 2018
A Change of Use and a Code Analysis prepared by an Architect will be required for the structure being
used in conjunction with the business. The Change of Use will apply to the areas used for Offices and
Truck Maintenance and Repair.
A Floor Plan will be required with all areas labeled and use classified.
The County currently enforce 2012 International Building Codes, 2006 International Energy Code, and the
2014 National Electrical Code.
Local Fire District Notification and Approval are also required
SERVICE, TEAMWORK: INTEGRI FY: QUALIFY
Submit by Email
Weld County Referral
November 17, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: DANIEL SHEPHERD Case Number: USR17-0063
Please Reply By: December 15, 2017 Planner: Kim Ogle
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND
VEGETABLES FOR THE GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS
USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF
THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL
VEHICLES AND EQUIPMENT AND THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING
MEAT, DAIRY AND PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT
Location: APPROXIMATELY 2600 FEET EAST OF CR 23; SOUTH OF AND ADJACENT TO CR 6 AND
WEST OF AND ADJACENT TO LEONAAVENUE (WATTENBURG TOWNSITE).
Parcel Number: 146925000011-R6060386 Legal: PART N2NW4 SECTION 25, T1 N, R67W LOT B
REC EXEMPT RE -373 AND THAT PART OF VAC LEONAAVE 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.
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 Date
Agency
12/14/17
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
Brighton Fire Rescue District
500 S. 4'h Ave, 3'd Floor • Brighton, Colorado 80601
Telephone: (303) 659-4101 • Fax: (303) 659-4103 • Website: www.brightonfire.org.
January 9, 2018
***REVISED LETTER***
SUBJECT: USR APPLICATION REVIEW
NAME: FOOD DISTRIBUTION CENTER
LOCATION: 1931 LEONA AVENUE, FORT LUPTON, COLORADO
The Brighton Fire Rescue District's Fire Prevention Division has completed a review of this proposal
for a Site Specific Development Plan and Use by Special Review Permit for an agricultural service
establishment primarily engaged in performing agricultural, animal husbandry or horticultural services
on a fee or contract basis, including: sorting, grading and packing fruits and vegetables for the grower
and for uses similar to the uses listed above as uses by special review as long as the use complies with
the general intent of the A (Agricultural) zone district (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy and produce) in
the A (Agriculture) zone district. At this time, we have the following comments:
1) Our records indicate that a change in use would be occurring due to the proposed use of the space or
a portion of the space for the maintenance of commercial trucks. When a change of occupancy
occurs, the code provisions for new construction then apply to an existing structure having a new
occupancy. The occupancy group of an area for the maintenance of commercial trucks would be an
S-1 as defined by the 2012 IFC. The 2012 IFC requires that an automatic sprinkler system be
provided throughout all buildings where a group S-1 fire area is used for the repair of commercial
trucks or buses and exceeds 5,000 square feet. A fire area is defined as the aggregate floor area
enclosed and bounded by fire walls, fire barriers, exterior walls or horizontal assemblies of a
building. Areas of the building not provided with surrounding walls shall be included in the fire area
if such areas are included within the horizontal projection of the roof or floor next above. In order
to understand how this building will be utilized and what requirements may apply, please
provide a code analysis of the building.
2) Noted in the application documents is a 300 gallon gasoline storage tank and a 300 gallon red diesel
storage tank. The site plan submitted shows two 500 gallon tanks. A plan review submittal for these
tanks is needed to show compliance with the 2012 International Fire Code.
3) A gate is shown on the site plan. Where gates are installed across fire access roads they shall have an
approved means of emergency operation. If the gate is an electric gate, a Knox key switch will need
to be installed. If the gate is not electric, a Knox pad lock will need to be installed.
4) Nothing in this review is intended to approve any aspect of these plans or this project that does not
comply with all applicable codes and standards. Any changes that are made will require additional
review and comment by the Fire District.
Should there be any questions regarding this review please do not hesitate to contact me.
Respectfully,
Whitney Even
Deputy Fire Marshal
weven(abrightanfire.arg
Brighton Fire Rescue District
500 S. 4th Ave, 3rd Floor • Brighton, Colorado 80601
Telephone: (303) 659-4101 • Fax: (303) 659-4103 • Website: www.brightonfire.org.
December 14, 2017
SUBJECT: USR APPLICATION REVIEW
NAME: FOOD DISTRIBUTION CENTER
LOCATION: 1931 LEONA AVENUE, FORT LUPTON, COLORADO
The Brighton Fire Rescue District's Fire Prevention Division has completed a review of this proposal
for a Site Specific Development Plan and Use by Special Review Permit for an agricultural service
establishment primarily engaged in performing agricultural, animal husbandry or horticultural services
on a fee or contract basis, including: sorting, grading and packing fruits and vegetables for the grower
and for uses similar to the uses listed above as uses by special review as long as the use complies with
the general intent of the A (Agricultural) zone district (parking, staging and storage of commercial
vehicles and equipment and the trucking of agricultural products including meat, dairy and produce) in
the A (Agriculture) zone district. At this time, we have the following comments:
1) Our records indicate that a change in use would be occurring due to the proposed use of the space or
a portion of the space for the maintenance of commercial trucks. In order to understand how this
building will be utilized, please provide a code analysis of the building.
2) Noted in the application documents is a 300 gallon gasoline storage tank and a 300 gallon red diesel
storage tank. The site plan submitted shows two 500 gallon tanks. A plan review submittal for these
tanks is needed to show compliance with the 2012 International Fire Code.
3) A gate is shown on the site plan. Where gates are installed across fire access roads they shall have an
approved means of emergency operation. If the gate is an electric gate, a Knox key switch will need
to be installed. If the gate is not electric, a Knox pad lock will need to be installed.
4) Nothing in this review is intended to approve any aspect of these plans or this project that does not
comply with all applicable codes and standards. Any changes that are made will require additional
review and comment by the Fire District.
Should there be any questions regarding this review please do not hesitate to contact me.
Respectfully,
Whitney Ifven
Deputy Fire Marshal
w ev zhtonfire .orz
D
CO
COLORADO
Division of Water Resources
Department of Natural Resources
WELL PERMIT NUMBER 307777 -
RECEIPT NUMBER 3683452
ORIGINAL PERMIT APPLICANTS)
DANIEL C SHEPHERD
PERMIT TO CHANGE OR INCREASE USE
APPROVED WELL LOCATIQN
Water Division: 1 Water District: 2
Designated Basin: N/A
Management District: N/A
County: WELD
Parcel Name: RECORDED EXEMPTION NO 1469-25-2-
RE373
Lot: B Block: Filing:
Physical Address: N/A
NE 1/4 NW 1/4 Section 25 Township 1.0 N Range 67.0 W Sixth P.M.
UTM COORDINATES (Meters, Zone:13, NAD83)
Easting: 513716.0 Northing: 4430928.0
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer dated 4/23/86 under the following conditions,
for the change in use of an existing well constructed under permit no, 13320 -F -R. Well permit no. 13320 -F -R was canceled by
Order of the State Engineer upon issuance of this permit.
4) Approved as the only well on a tract of land of 16.7 acres described as lot B, Recorded Exemption No. 1469-25-2-RE373, Weld
County.
5) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a
commercial business. Water from this well shall not be used for lawn/landscape/greenhouse irrigation, domestic
animal/livestock watering, or for any other purpose outside the business building structure(s).
6) Production from this well is restricted to the alluvium.
7) The pumping rate of this well shall not exceed 15 GPM.
8) The annual amount of ground water to be withdrawn shall not exceed 0.33 acre-foot (108,600 gallons).
9) A totalizing flow meter must be installed on this welt and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
10) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type
where the water is returned to the same stream system in which the well is located. The maximum consumptive use of ground
water shall not exceed 10 percent.
11) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTICE: This permit has been approved subject to the following changes: The UTM coordinate values were calculated from the
distances from section lines provided with the permit application, the annual amount of ground water to be withdrawn shalt not
exceed 0.33 acre-foot pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer dated 4/23/86. You are hereby
notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty
(60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4.104 through 106,
C.R.S.)
Printed 12-05-2017
For questions about this permit call 303,866.3581 or go to www.water,state.co.us
Page 1 of 2
WELL PERMIT NUMBER 307777- RECEIPT NUMBER 3683452
Issued By AILI5 THYNE
Date Issued: 12/5/2017
Expiration Date: N/A
Printed 12.05.2017
For questions about this permit call 303,866.3581 or go to www.water.state.co.us Page 2 of 2
State of Colorado Water Resources - View Well Details: Receipt 3683452 Page 1 of 2
Colorado Department of Natural Resources
Colorado's Well Permit Search
THIS PAGE IS NOT THE ACTUAL PERMIT
The information contained on this page Is a summary of the permit file and may not reflect all details of the well permit. (Full Disclaimer)
Well Constructed
Receipt: 3683452 Division: 1
Permit #: 307777- - Water District: 2
Well Name / #: County: WELD
Designated Basin: Management District:
Case Number:
WDID:
[-] Imaged Documents - Permit File
Document Name Date Imaged Annotated
Well Permit 12/05/2017 No
[-] Applicant/Contact
Applicant/Contact Name
SHEPHERD, DANIEL C.
Mailing Address
1931 LEONA AVE
City/State/Zip
FORT LUPTON, CO 80621
[[-] Location information
Approved Well Location:
Q40 Q160 Section Township Range PM Footage from Section Lines
NE NW 25 1N
67W Sixth 325 N 2575 W
Northing (UTM y): 4430928.0 Easting (UTM x): 513716.0
Location Accuracy: Spotted from section lines
Subdivision Name
RECORDED EXEMPTION NO 1469-25-2-RE373
Filing Block Lot
B
Parcel ID:
Acres in Tract:
I-] Permit Details
Date Issued: 12/05/2017 Date Expires:
Uses (See ifneNer/ Uracurrrenrs for more infomafion)
General Use(s): Commercial
Special Use:
Area which may be Irrigated:
Annual volume of appropriation: 1
Statute:
Cross Reference Permit(s): Permit Number Receipt
1332O -F -R 0108774
Comments:
[ [-] Construction/Usage Details
Aquifer(s): ALL UNNAMED AQUIFERS
Help I Last Refresh:
well Construction Date: O7/12/1979 Pump Installation Date: 07/17/1979
Well Plugged: 1st Beneficial Use:
Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate
55
Driller
Pump Installer
Lic # Name Address
513 RANK, SAMUEL C 1106 50TH AVE GREELEY, CO 80534
513 RANK, SAMUEL C 1106 50TH AVE GREELEY, CO 66634
Phone Number
3033526130
3033528130
[-] Application/Permit History
Permit Issued
Application Received
Pump Installed
Well Constructed
12/05/2017
11/13/2017
07/17/1979
07/12/1979
L Disclaimer
Colorado goy i Contact Us
http://www.dwr.state.co.us/WellPermitSearch/View.aspx?receipt=3683452 12/6/2017
State of Colorado Water Resources - View Well Details: Receipt 3683452 Page 2 of 2
"The Infermatlon contained on thijace is a summary of the permit fife and may net reflect all
tietafis Of the well permit. THIS PAGE 15 NOT THE ACTUAL PERMIT.
This papa should not be used as basis for any legal (gnyideratlon, to determine the allowed uses of
the weii,w determine construction tisfofMat ion orto determine me terms and conditions under
which the well can operate. The complete well permit file should be viewed to obtain details on the allowed
uses and other relevant information. A complete copy of this file is available in the "Imaged Documents" section of
this page, and can be viewed by opening all of the documents listed under that section (documents will open as
pdf files).
Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may
not be specified on the well permit. Wells may also be subject to relevant statutes, rules and decrees. To learn
more about well permitting in Colorado, please visit RvN is well ei nutru g Fe j'. If you have any questions about
this well permit file, please contact the Emit Ground Water Information Desk.
Copyright ® 2015 Colorado Division of Water Resources All rights reserved.
Home I Contact Us I Help I Water Links I Colorado.gov I DNR I Privacy Policy I Transparency Online Project (TOP)
http://www.dwr.state.co.us/WellPermitSearch/View.aspx?receipt=3683452 12/6/2017
Form No. GWS-07 EXEMPT
07/2016
STATE OF COLORADO
DIVISION OF WATER RESOURCES
OFFICE OF THE STATE ENGINEER
1313 Sherman St., Ste 821, Denver, Colorado 80203
(303) 866-3581
INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602
(HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES)
Carefully read the conditions of approval on your well permit. The conditions and the information on
this information sheet must be complied with in order for the permit to remain valid.
The well permit number is located in the upper right hand corner of the permit, and the expiration date is located
in the lower right hand corner.
THE WELL PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. Evidence of well
construction must be received on appropriate form PRIOR TO THE EXPIRATION DATE OF THE PERMIT.
The required form is the Well Construction and Test Report (Form No. GWS-31).
The expiration date of the permit may be extended one year at a time for good cause shown, at the discretion
of the State Engineer. If an extension of time is necessary to construct the well, the owner must file a written
request for the extension. The request must be received by the State Engineer prior to the expiration date. The
request must state why the well has not been constructed, and must include an estimate of time required to
construct the well.
Water well construction and pump installation contractors are licensed in Colorado to perform these
specialized tasks. It is illegal for individuals who do not hold these licenses to construct wells and
install pumping equipment in or on wells. The well must be constructed and pumping equipment
installed by contractors with current license(s) issued by the State of Colorado unless exempted as
described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers
may or may not hold the respective Well Construction and/or Pump installation licenses. Please be aware of this
when you contract to construct the well and install pumping equipment. The well construction report including a
test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of
the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report
including a pumping system test must be submitted within sixty (60) days of completion of the work. The
contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. Additional
information regarding well construction, pump installation, required testing and well plugging and sealing
regulations are found on the reverse side of this sheet.
Keep a copy of this permit for your records. The official digital image of the permit is on file in the Denver office
Records Section. You may view or print the entire permit file using our online well permit search tool:
http:llwww.dwr,state.co,us/WellPermitSearch/ Hard copies of permit documents may be obtained from our
Records Section for a fee of 50 cents per page. Statutes require that any change of mailing address or
ownership be reported to the State Engineer. Form number GWS-11 is used both by new owners to report
ownership changes and current owners to report address changes.
If you have questions, contact the Ground Water Information Desk at (303) 866-3587, or the Division Office in the
area where your well is located.
Division 1
810 9"' St., Ste. 200
CO 80631
(970) 352-8712
Fax: (970) 392-1816
Division 2
310 E. Abriendo Ave Ste B
Pueblo, CO 81004
(719) 542-3368
Fax: (719) 544-0800
Division 3
301 Murphy Drive
Alamosa, CO 81101
(719) 589-6683
Fax: (719) 589-6685
Division 4
2730 Commercial Way (physical)
CO 81401
MontroseGreeley,
P.O. Box 456
P.O. Zip 81402 (mailing)
(970) 249-6622
Fax: (970) 249-8728
Division 5
Division 6
202 Center Drive (physical)
505 Anglers Dr. Suite 101 (physical)
Division 7
Denver Office
Glenwood Spgs., CO 81601
Steamboat Spgs, CO 80487
160 Rockpoint Dr Ste E
1313 Sherman St., Ste 821
P.O. Box 396 Zip 81602
P.O. Box 773450 Zip 80477
Durango, CO 81301
Denver, CO 80203
(mailing)
(mailing)
(970) 247-1845
(303) 866-3581
(970) 945-5665
(970) 879-0272
Fax: (970) 259-0944
No Fax
Fax: (970) 945-8741 Call First
Fax: (970) 879-1070
WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER
You may construct the well and/or install pumping equipment yourself if the well
�is for your own use, is on
property you own, and is constructed or pumping equipment is installed with equipment owned and
operated by you. it is your responsibility to complete and submit the Well Construction and Test Report
(Form No. GWS-31) and/or the Pump Installation and Test Report (Form No. GWS-32). These forms are
available from our website at the following link.
hitp://water,state,co.us/DWRDacs/FormsfPagesNWellPermittingFormsByNumber,aspx, or from any
Division of Water Resources office. The well must be constructed and the pumping equipment installed in
accordance with the well construction standards of the Board.
The WATER WELL CONSTRUCTION RULES and BOARD OF EXAMINERS RULES can be obtained
from our website at the following link: http://water.state.co.us/groundwater/ROE/Pages/BQFRules.aspx, or
purchased from any Division of Water Resources office for a small fee. These Rules cover the minimum
requirements for well construction, pump installation, disinfection, plugging and sealing and contractor
licensing regulations. If you are constructing your own well or installing pumping equipment, it is
recommended that you obtain a copy of these Rules for reference.
The well construction and pump installation reports including testing of well yields and pumping systems
must be submitted to the office of the State Engineer by the respective contractors within sixty (60) days of
completion of the work or prior to the expiration date of the permit, whichever is earlier. Your contractor(s)
must provide you with a copy of the work report(s) filed with the State Engineer.
RULE 12 WELL TESTING
12.1 General - The provisions of this rule establish minimum standards for the testing of water wells.
Every well constructed for the purpose of producing ground water shall be tested to determine:
a. a stabilized yield for the well; and
b. the production rate of the equipment installed when the well is placed into service.
12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the
withdrawal rate and the drawdown do not change by more than 10 % during the last hour of the test. The
test shall demonstrate that either:
a. the well is capable of producing the permitted pumping rate for the well; or
b. that the maximum yield of the well is less than the permitted production rate.
12.3 Responsibility for Well Yield Test - Well construction contractors are responsible for
performing II III Iy the well yield tea and submitting idle IUUt data to the State Engineer. . If LI IC construction
UcLIo11
contractor also installs the production equipment, the well yield test may be combined with the production
equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor
may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test
with the permanent production equipment within thirty (30) days of completion of construction of the well. If
the pump installation contractor performs the well yield test, he/she shall submit the test information on the
Pump Installation and Test Report.
12.4 Production Equipment Test - The production equipment installed in wells shall be tested to
ensure it is functioning as designed. The test shall demonstrate the production capacity of the equipment
as actually installed in the well. It is the responsibility of the person installing the pumping system to ensure
that the production from the well complies with the conditions of the permit.
12.3 Responsibility for Production Equipment Test - Pump installation contractors are responsible
for testing the production equipment installed in a well upon completion of their work. If the well
construction contractor determined the well yield and submitted a report, the pump installer need not
perform another well yield test If the pump installer does not perform a wet! yield test with the permanent
production equipment, he shall perform a production equipment test and report the data (results) to the
State Engineer on the Pump Installation and Test Report.
Wells to be plugged and sealed must be plugged in accordance with of the Water Well
Construction Rules. A Well Abandonment Report, Form No. GWS-9 must be submitted to confirm
plugging and sealing of the well. This form is availabie from our website at the following link:
http://water.state.co.us/DWRDocs/FormsiPages/WeIIPermittingFormsByNumber.aspx, or from any
Division of Water Resources office. The specific rules for plugging and sealing wells are found on the
reverse side of the Well Abandonment Report form, or under Rule 16 of the Water Well Construction
Rules.
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD
LITTLETON, COLORADO 80128-69
RE: Section 404 of the Clean Water Act Initial Comments
To whom it concerns:
In accordance with Section 404 of the Clean Water Act, the Corps of Engineers regulates
the discharge of dredged or fill material, either temporary or permanent, within waters of the
United States (WOUS). WOUS may include ephemeral and/or perennial streams, wetlands,
lakes, ponds, drainage ditches and irrigation ditches. This office should be notified by a
proponent of the project for Department of the Army permits, changes in permit requirements or
jurisdictional determinations pursuant to Section 404 of the Clean Water Act.
If there is a discharge of fill material within WOUS, a Department of the Army Section
404 permit is required. A wetland delineation must be conducted using the methods outlined in
the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and
Regional Supplement to the Corps of Engineers Weiland Delineation Manual: (using applicable
Regional Supplement) to determine wetlands based on the presence of three wetland indicators:
hydrophytic vegetation, hydric soils, and wetland hydrology. Wetland delineations must be
conducted in the field by a qualified individual, and any aquatic resource boundaries must be
identified accordingly. Once the aquatic resources have been identified, only this office can
determine if they arc WOUS. Please note that development of the upland areas, avoiding stream
and wetland resources, does not require authorization from this office.
Nationwide Permits (NWP) authorize common types of fill activities in WOUS that will
result in a minimal adverse effect to the environment. Descriptions of the 54 types of nationwide
permit activities and their general conditions can be found on our website:
http://www.nwo.usace.army.mil/1•-Missions/RegulatoiyProgram/Colorado.asp .
Some fill activities require notifying the Corps before starting work. Also, some types/sizes of
work may require additional information or mitigation.
Regional General Permits (RCP) authorize specific types of fill activities in WOUS that
will result in a minimal adverse effect to the environment. Descriptions of the 4 types of regional
general permit activities and their general conditions can be found on our website:
http://www.nwo,usace.arny.mil/Missions/RegulatorvProeram/Colorado/Regional General Permits
.aspx. These fill activities require notifying the Corps before starting work, and possibly other
local or state agencies. Also, some types/sizes of work may require additional information or
mitigation. Please note several of the RGP's are applicant and location specific.
individual permits may authorize fill activities that are not covered under the NWP or
Regional General Permits (RGP's). This permit will be processed through the public interest
review procedures, including public notice and receipt of comments. An alternative analysis
(AA) must be provided with this permit action. The AA must contain an evaluation of
environmental impacts for a range of alternatives which should include the preferred action, no
action alternative, and other action alternatives that would be the identified project purpose.
Other action alternatives should include other practicable with regards to cost, logistics, and
technology that meet the overall project purpose. The alternatives could include offsite
alternatives and alternative designs. When evaluating individual pen -nit applications, the Corps
can only issue a permit for the least environmentally damaging practicable alternative (LEDPA)
to issue, in some cases, this may not be the desired preferred action. The individual permit
application form and form instructions can be found on our website:
http://www.usa.ce.army.mil/Missi ons/CivilWorks/ReeulatoryProgramandPcrmits/ObtainaPermit.
aspx.
If the activity requires a Department of the Army permit as a result of any impacts to
WOUS or any earth disturbances within that resource, a federal action will occur. For the Corps
to make a permit decision, the applicant must provide enough information to demonstrate
compliance with Section 106 of the National Historic Preservation Act (NI -IPA) and Section 7 of
the Endangered Species Act (ESA).
The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to WOUS to the maximum extent practicable at the project site.
Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for
resource losses) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal. Any loss of an aquatic site may require mitigation. Mitigation
requirements will be determined during the Department of the Army permitting review.
If the information that was submitted could impact WOUS, which are jurisdictional
resources, this office should be notified. If a section 404 permit is required, work in an aquatic
site should be identified by the proponent of the project and be shown on a map identifying the
Quarter Section, Township, Range and County, Latitude and Longitude, Decimal Degrees
(example 39.55555; -104.55555) and the dimensions of work in each aquatic site.
If there are any questions, please call the Denver Regulatory Office at 303-979-4120.
Sincerely,
John Urbaruc
Chief, Denver Regulatory Office
Enclosures:
-PCN requirements
Pre -Construction Notification (PCN) Requirements
(Nationwide Permit General Condition No. 32
from the January 6, 2017 Federal Register)
US Army Corps of Engineers, Omaha District, Denver Regulatory Office
9307 South Wadsworth Blvd, Littleton, CO 80128
Phone: (303) 979-4120
Contents of Pre -Construction Notification:
The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project:;
(3) Identify the specific NWP or NWP(s) the prospective perrnittee want to use to authorize the proposed
activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other
special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce
the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed
project or any related activity, including other separate and distant crossings for linear projects that require
Department of the Army authorization but do not require pre -construction notification. The description of
the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the
district engineer to determine that the adverse environmental effects of the activity will be no more than
minimal and to determine the need for compensatory mitigation or other mitigation measures. For single
and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other
special aquatic sites, and other waters for each single and complete crossing of those wetlands, other
special aquatic sites, and other waters. Sketches should be provided when necessary to show that the
activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description
of the proposed activity (e.g., a conceptual plan), hut do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as
lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland
delineations must be prepared in accordance with the current method required by the Corps. The permitter
may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may
be a delay if the Corps does the delineation, especially if the project site is large or contains many
wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until
the delineation has been submitted to or completed by the Corps, as appropriate;
(6) if the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation requirement
will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why
compensatory mitigation should not he required. As an alternative, the prospective perm ittee may submit a
conceptual or detailed mitigation plan.
(7) For non -Federal pennittees, if any listed species or designated critical habitat might be affected or is
in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must
include the name(s) of those endangered or threatened species that might be affected by the proposed
activity or utilize the designated critical habitat that might be affected by the proposed activity. For N WP
activities that require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with the Endangered Species Act;
(8) For non -Federal pennittees, if the NWP activity m i.ght have the potential to cause effects to a historic
property I isted on, determined to be eligible for listing on, or potentially eligible for listing on, the
National Register of Historic Places, the PCN must state which historic property might have the potential
to be affected by the proposed activity or include a vicinity map indicating the location of the historic
property. For NWP activities that require pre -construction notification, Federal permittees must provide
documentation demonstrating compliance with section 106 of the National I 1 istoric Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system while the
river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river"
(see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will
alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally
authorized civil works project, the pre -construction notification must include a statement confirming
that the project proponent has submitted a written request for section 408 permission from the Corps
office having jurisdiction over that USACE project.
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