HomeMy WebLinkAbout20181017.tiffMEMORANDUM
TO: Ryder Reddick, Planning Services
DATE: December 13, 2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: USR17-0061 Fullmer
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: 20,000 head calf facility
This project is west of and adjacent to County Road 53 and is south of County Road 40.
Parcel number: 105332100004
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 a Non -Urbanizing Drainage Area:
Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling
on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year
storm falling on the undeveloped site for NON -URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a Drainage Narrative stating that the site will meet exception 1.a.15 for sites
that fall under a Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and
Housed Commercial Swine Feeding Operation (HCSFO) which are approved by the Colorado Discharge
Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall
comply with the Weld County Drainage Code requirements.
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 area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water
quality features or stormwater ponds should be labeled and shall include the calculated volume.
(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)
MEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Evan Pinkham, Public Works
SUBJECT: USR17-0061 Fullmer
DATE: December 13, 2017
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 Use by Special Review Permit for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural
service son a fee or contract basis, including a livestock confinement operation (20,000 head calf facility)
in the A (Agricultural) Zone District.
This project is south of and adjacent to CR 40 and is west of and adjacent to CR 53. Parcel number
105332100004.
Access is from CR 53.
ACCESS
Access to the site has been preliminarily approved at the following locations:
On CR 53 located approximately 2230 feet south of CR 40
On CR 53 located approximately 1600 feet south of CR 40
On CR 53 located approximately 4040 feet south of CR 40
On CR 53 located approximately 5230 feet south of CR 40
Existing accesses at these locations require closure and reclamation:
On CR 53 located approximately 1700 feet south of CR 40
On CR 53 located approximately 4130 feet south of CR 40
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 53 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.
County Road 40 is a gravel 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 53 was taken on 8/11/2016 which counted 368 vpd with 37% trucks.
The traffic study submitted with the application materials had the following traffic estimates:
Semi - 2 roundtrips per day, 4 per week
Goose neck - 2 roundtrips per day
Service Trucks - 8 roundtrips per day
Pickups and cars- 20-30 roundtrips per day
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/Departmerts/Public%20Works/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. County Road 40 is a gravel 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 53 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: Dianna Aungst
From: Ben Frissell, Environmental Health Services
Date: November 29, 2017
Re: USR17-0061 Fullmer Calf Ranch
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural service son a fee or contract basis, including a livestock confinement
operation (20,000 head calf facility) in the A (Agricultural) Zone District.
The facility will be serviced by an existing septic system (G-19860084). The application
indicated that between 25-30 employees would utilize the site. However, the application
did not break down how many employees would utilize the office building and how many
would be working in the field. Based on the engineer evaluation, the septic system can
handle up to 3 full time office employees and 25 occasional employees (field). Evidence
was provided that the facility is not subject to EPA class V Injection Well permit
requirement. If the system will be used by more than 3 full time office workers or more
than 3 full time office workers and more than 25 occasional employees (field) then the
system may need to be updated. An update, repair or replacement system must be
designed by a Colorado Registered Professional Engineer according to the Weld
County Onsite Wastewater Treatment System Regulations.
There are two wells that service the site (Permit 287450 and Permit 287511). Permit
287450 is only approved for uses within the commercial business building. Permit
287511 allows for livestock watering.
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., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
Health Administration
Vital Records
lot: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,
C.R.S.
3. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The applicant shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
The facility should operate in accordance with their current approved Management
Plan for Nuisance Control.
5. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
6. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
7. Process wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
8. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate
in compliance with Colorado Water Quality Control Commission Regulations.
There shall be no discharge of manure or process wastewater, except as provided
in the facility's CAFO Colorado Discharge Permit.
9. If required, a Stormwater Discharge Permit shall be obtained from the Colorado
Water Quality Control Division, for construction activities.
10.Any manure or process wastewater applications shall be at agronomic rates and
in accordance with the Nutrient Management Plan or Manure and Wastewater
Management Plan. There shall be no discharge from land application areas,
except for agricultural stormwater.
11. The facility shall be operated and maintained in a manner to prevent nuisance
conditions, in accordance with the approved Management Plan for Nuisance
Control.
12. The facility shall be operated in a manner to control pests at all times, in
accordance with the current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment, in the event that rodents,
which can be determined to be associated with the facility, are in such a number to
be considered a nuisance condition.
13. The facility shall be operated in a manner to control flies at all times, in
accordance with the current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment, in the event that flies, which
can be determined to be associated with the facility, are in such a number to be
considered a nuisance condition. Additional controls shall also be implemented in
the event the Weld County Department of Public Health and Environment
received a significant number of fly complaints associated with the facility, and in
the judgment of the Weld County Health Officer, there exists a fly condition
requiring abatement.
14. The facility shall be operated in a manner to control odors at all times, in
accordance with the approved Management Plan for Nuisance Control. Odors
detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution
threshold, as measured using methods set forth in Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional controls shall be implemented, at the
request of the Weld County Department of Public Health and Environment, in the
event odor levels detected off site of the facility meet, or exceed, the level of
fifteen -to -one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
15. The applicant shall remove, handle, and stockpile manure from the livestock area
in a manner that will prevent nuisance conditions. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies,
insect pests, or pollutant runoff. The surface beneath the manure storage areas
shall be of materials which are protective of state waters. These areas shall be
constructed to minimize seepage or percolation of manure contaminated water. In
no event shall the facility impact or degrade waters of the State, in violation of
Colorado Water Quality Control Commission Regulation Number 81.
16. The facility shall operate in compliance with applicable Colorado Air Quality
Control Regulations. There shall be no open burning except "Agricultural Open
Burning" as defined by Colorado Air Quality Control Regulations.
17. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
18.All potentially hazardous chemicals must be handled in a safe manner, in
accordance with product labeling. All chemicals must be stored securely, on an
impervious surface, and in accordance with manufacturer's recommendations.
19. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
November 14, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: CLUE & DEBORA FULLMER Case Number: USR17-0061
Please Reply By: December 12, 2017 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry or horticultural service
son a fee or contract basis, including a livestock confinement operation (20,000 head calf facility) in the
A (Agricultural) Zone District.
Location: South of and adjacent to County Road 40 and west of and adjacent to County Road 53
Parcel Number: 105332100004-R6786652 Legal: PART E2E2 SECTION 32, T4N, R64W LOT D REC
EXEMPT RECX14-0015 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.
J
Signature
Agency
Weld
Platte Valley School District
Date
November21, 2017
RFCTUVF:D
NOV 282017
Weld County Planning Department
GREELEY OFFICE
Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
E Glenn McClain Jr. Ed.D.
Superintendent of Schools
Platte Valley School District
Weld RE -7
November 21, 2017
Weld County Planning Department
Attn: Diana Aungst
1555 N. 17th Avenue
Greeley, CO 80631
RE: USR17-0061
Que & Debora Fullmer
P. O. Box 485
Kersey CO 80644
Phone: 970-336-8500
Fax: 970-336-8511
Email: grncclain(a?nvre7.ora
Platte Valley School District Weld RE -7 has no conflict with the request. However, the district has a concern
with increased traffic as we have several bus stops within close proximity of the facility. Bus stops would
have activity from August through May of each year primarily from 6:30 a.m. to 7:45 a.m. and 3:15 p.m. to
4:15 p.m. Monday through Friday. The safe pickup and drop off of students is a primary concern of the
district and we would appreciate consideration of this safety issue from employees and other entities that
would potentially add traffic in the area.
Please contact my office if you have any questions.
Sincerely,
E. Glenn McClain, Jr., Ed.D.
Superintendent of Schools
pursuing excellence for all
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
December 6, 2017
Diana Aungst
Weld County Department of Building and Planning Services
Transmitted via email: daungst@weldgov.us
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
Re: Que Et Debora Fullmer - Site Specific Development Plan and Use by Special Review
Case no. USR17-0061
Part of El /2 El /2, Sec. 32, T4N, R64, 6th P.M.
Water Division 1, Water District 2
Dear Ms. Aungst,
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011
memorandums to county planning directors, this office will only perform a cursory review of the
referral information and provide informal comments. The comments do not address the adequacy
of the water supply plan for this project or the ability of the water supply plan to satisfy any
County regulations or requirements. In addition, the comments provided herein cannot be used to
guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical
availability of water.
According to the submitted information, the Applicant is seeking a site specific development plan
and use by special review permit for agricultural service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including a livestock confinement operation (20,000 head calf facility) in the A (Agricultural) Zone
District. The referral information contained well permit nos. 107562-A and 287450.
Well permit no. 170562-A was canceled on February 10, 2012 as a condition of approval for well
permit no. 287511. Well permit no. 287511 was issued on February 10, 2012 pursuant to § 37-92-
602(3)(b)(II)(a), C.R.S as the only well on a tract of 40 acres described as the SW 1/4 of the SE 1/4,
Sec. 32, Twp. 4 North, Rng. 64 West, Sixth P.M.. The well is producing water from the not-
nontributary Laramie -Fox Hills aquifer. The well is currently permitted to be used for; ordinary
household purposes inside not more than three (3) single family dwellings, fire protection, the
watering of poultry, domestic animals and livestock on a farm or ranch, and the irrigation of not
over one acre of home gardens and lawns. The well, as permitted, cannot be used for any other
uses besides those allowed per permit no. 287511.
Well permit no. 287450 was issued on January 31, 2012 pursuant to § 37-92-602(5), C.R.S as the
only well to provide water to the business on a tract of land of 160 acres described as that part of
the W 1/2 of the E 1/2, Sec. 32, Twp. 4 North, Rng. 64 West, Sixth P.M.. The well is producing
water from the not-nontributary Laramie -Fox Hills aquifer. The well is currently permitted to be
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Case no. USR17-0061 Page 2 of 3
December 6, 2017
used for drinking and sanitary facilities inside an individual business; the allowed annual amount of
ground water to withdrawn from the well shall not exceed one acre-foot. Water from this well shall
not be used for any uses outside the business building structure(s), including lawn or landscape
irrigation, or animal watering. The well, as permitted, cannot be used for any other uses besides
those allowed per permit no. 287450.
If the applicant plans to use the well(s) for the watering of livestock within a confined animal
feeding operation, crop irrigation or any outside commercial uses, the well(s) must be re -permitted
as non-exempt well(s) for that use. In order to re -permit the wells as non-exempt wells a court
approved augmentation plan would be required.
The applicant should be aware that any storm water detention structure proposed for this specific
development, must meet the requirements of a "storm water detention and infiltration facility" as
defined in section 37-92-602(8), Colorado Revised Statutes, in order for the structure to be exempt
from administration by this office. The applicant should review DWR's Administrative Statement
Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in
Colorado, attached, to ensure that the notification, construction and operation of the proposed
structure meets statutory and administrative requirements. The applicant is encouraged to use
Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements.
According to the referral information, the Applicant is proposing to construct a lined waste storage
pond within the associated drainage area. The pond will be constructed to contain runoff from the
open lot area, including the lot area, commodity storage area and calf area within each ponds
drainage boundaries. A second proposed production area and waste storage pond will be designed
and engineered prior to phase II construction. The ponds will be dewatered to adjacent farm fields
as needed. Water will be applied to cropped fields at agronomic rates as a fertilizer according to a
nutrient management plan that will meet State requirement.
The proposed ponds do not meet the statutory definition of a storm water detention and infiltration
facility as defined in § 37-92-602(8), C.R.S. It appears that the first pond will have a capacity of
approximately 56 acre-feet. The size of the second pond was not specified. Both ponds will be
lined. Precipitation that falls on the site is tributary water and is a public resource under Colorado
water law, subject to appropriation through the prior appropriation system. Therefore, the
Applicant may only collect precipitation in the wastewater ponds pursuant to a court approved
plan for augmentation or a substitute water supply plan approved by the State Engineer. The
augmentation plan or substitute water supply plan will need to be sufficient to offset all depletions
resulting from evaporation and land application of the intercepted water, along with any other
proposed beneficial use.
Should you or the applicant have any questions, please contact Allis Thyne at (303) 866-3581 x8216.
Sincerely,
/ /
J?anna�Williams, P.E.
Water/Resource Engineer
Case no. USR17-0061 Page 3 of 3
December 6, 2017
Ec: Permit files 287511 and 287450
Hello