HomeMy WebLinkAbout20171141.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
DATE: December 9, 2016
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: PUDZ16-0002 Spanish Fox Estates
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: Residential PUD
This project is west of and adjacent to County Road 3 and is south of Highway 56.
Parcel number: 106119000039, 106119400081
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:
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:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and
welfare of public and private property. Exceptions shall be supported with a drainage
narrative.
a. No stormwater detention will be required for sites that meet any of the following
conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)
areas remain applicable.
1) Use by Right or Accessory Use in the A (Agricultural) Zone District.
2) Zoning Permits in the A (Agricultural) Zone District.
3) A second dwelling permit in the A (Agricultural) Zone District.
4) Towers including, but not limited to, cell, wind, and telecommunication towers.
5) Pipelines or transmission lines.
6) Gravel pits if the stormwater drains into the gravel pit.
7) Residential developments where all the following conditions exist:
a) Nine (9) lots or fewer.
b) The average lot size is equal to, or greater than, three (3) acres per lot.
c) Downstream roadway criteria are not exceeded.
d) The total post -development imperviousness for the rural residential
development does not exceed ten percent (10%), assuming that all
internal roads and driveways are paved, or will eventually be paved.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
9) URBANIZING areas where the total project stormwater runoff of less than, or
equal to, 5 cubic feet per second (cfs) for the 1 -hour, 100 -year, storm event.
10) NON -URBANIZING areas where the total project stormwater runoff of less
than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event.
11) Parcels with total area less than, or equal to, a 1.0 gross acre.
12) Individual parcel with an unobstructed flow path and no other parcel(s)
between the Federal Emergency Management Administration (FEMA)
regulatory floodplain channel and the project.
The applicant has submitted a Drainage Narrative stating that they are not proposing any drainage
improvements. This site meets multiple exceptions, so that is allowable, however, the exceptions being met
must be stated in the Narrative. Prior to submitting the Change of Zone Plat, the applicant will need to
amend this Drainage Narrative to state which exception this development meets.
Internal Roadway Design:
Per Weld County Code Section 27-4-20 E.7 &16, a vehicle circulation system is required. The applicant
has provided a cross section and notes stating that they will be constructing a 2" overlay over the existing
15' wide drive, and that the roadway will be built with a cross slope instead of a crown and without roadside
swales. Information as to why a cross slope is proposed is requested. Roadside swales are required by the
cross sections listed in Chapter 24, Appendix D.
Weld County Code Section 24-7-20 A.14 states that the maximum length for a cul-de-sac street is 1500
feet. Due to this requirement, the road will need to be modified to include another cul-de-sac or a turn
around.
The applicant must provide the plans for the roads including to include pavement study data to support the
depth of the asphalt, radius of cul-de-sacs, horizontal and vertical curvature, a plan and profile of the interior
roads, and any other applicable information.
MS4:
This site is not in a defined Municipal Separate Storm Sewer System (M54) area which is a more urbanized
area with state mandated, higher water quality 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 a 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. The applicant is proposing that the floodplain be entirely
contained in Tract A of the PUD. If Tract A is developed or subdivided in the future, a detailed floodplain
study may be required to establish base flood elevations.
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. A complete Drainage Narrative is required prior to recording the Change of Zone plat. (Department of
Planning Services -Engineer)
B. The plan shall be amended to delineate the following:
1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
2. The internal roadway design shall be shown on the plat, including radius of cul-de-sacs, horizontal
and vertical curvature, plan and profile of the road, and any other applicable information.
(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)
3. A detailed floodplain study to establish base flood elevations may be required for subdivision of or
development on Tract A. (Department of Planning Services -Engineer)
MEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Janet Lundquist, Public Works
SUBJECT: PUDZ16-0002 Bebo
DATE: November 30, 2016
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS:
General Project Information/Location:
Project description: A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for 9 residential lots with E (Estate) Zone Uses along with a 58.02 acre
agricultural outlot (Tract A) that will be non -buildable for residential purposes.
This project is west of and adjacent to CR 3 and is south of Highway 56. Parcel numbers 106119000039 &
106119400081.
Access is from CR 3.
Access:
An Access Permit is required. For new accesses and/or change of use of an existing access, the fee and
photos are required (Access permit instructions and application can be found at
http:Ilwww.co.weld.co.us/Departments/PublicWorks/Permits.html.) Chapter 6, Sections 6.3, 6.4 and 6.5 of
the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can
be found at
http://www.co.weld.co.us/Departments/PublicWorks/EnqineerindandRichtofWay/EnqineerinqCriteriaandP
olices.html) Existing access points with change of use or new access points may or may not be granted.
Questions pertaining to access permits or access design shall be directed to the Public Works Department.
For shared accesses, Public Works strongly recommends that 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 for the recorded exemption but is recommended
to avoid property owner conflicts in the future.
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
Roads:
County Road 3 is a gravel road and is designated on the Weld County Road Classification Plan as a local
road, which requires 60 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.
Traffic:
Latest ADT on CR 3 was taken on 9/4/2014 which counted 193 vpd with 20% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 86
daily roundtrips.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips:
• Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled
asphalt or road base.
• Access onto paved roads requires either a tracking control devise and 100ft of asphalt OR 300ft of
asphalt.
*Recycled concrete is not allowed in County ROW
**Tracking control devices can be double cattle guards or other specialized device
*** Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A development standard will be included on the recorded site plan. "The access shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
A variance request for alternatives to the above tracking control can be submitted to the Traffic Division of
Public Works for review and consideration.
Improvements and Road Maintenance Agreement:
An Improvements Agreement between the Applicant and the County will be required for this project. Items
may include the approved haul route(s), outline when offsite improvements will be triggered, and include a
maintenance agreement for the haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
http://www.co.weld.co. us/Departments/PlanningZoning/LandUseApplicationsAssistance/ApplicationAssist
ance.html
An Improvements Agreement is required for sites with required offsite improvements. Collateral is
required to ensure the improvements are made.
Road Maintenance is typically included as a section of the Improvements Agreement when the
County feels that the site activities may impact the County roadways. 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 offsite improvements at this
location. Road maintenance including dust 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 3 is a gravel road and is designated on the Weld County Road Classification Plan 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. Show and label the approved access(es) (APXX-X)OXXX), and the appropriate turning radii on the
site plan. (Department of Public Works)
3. Show and label the approved tracking control on the site plan.
4. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department
of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(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 offsite 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)
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couNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: December 5, 2016
Re: PUDZ16-0002 BeBo
Environmental Health Services has reviewed this Change of Zone from the Agricultural
Zone District (A) to the Planned Unit Development (PUD) Zone District for 9 residential
lots with Estate Zone District Uses (E) along with a 58.02 acre agricultural outlot (Tract
A) that will be non -buildable for residential purposes.
The applicant is proposing a 9 lot PUD on 125 acres. Septic systems will provide sewer
for the lots and the minimum lot size of 5.26 acres coupled with an overall density of
one septic system per 13.88 acres does meet current Department policy.
The application has satisfied Chapter 27 of the Weld County Code in regard to water
service. The Assistant Weld County Attorney has approved the water source of Little
Thompson Water District.
The application has satisfied Chapter 27 of the Weld County Code in regard to sewer
service. Sewer will be provided by individual on -site wastewater treatment systems
(0WTS). Preliminary geotechnical data from Scott, Cox and Associates, Inc., dated
August 15, 2003, was submitted with the sketch plan (PUDK14-0002). An average
percolation rate of 27 MPI was indicated which would indicate that a standard septic
system may be feasible. Preliminary geotechnical data from Soilogic, dated September
8, 2014, was submitted with the change of zone application. An average percolation rate
of 27 MPI was also indicated which would again signify that a standard septic system
may be feasible. Each lot will require an individual septic permit in accordance with
Section 30 of the Weld County On -site Wastewater Treatment Systems Regulations.
This Department recommends that language for the preservation and/or protection of
the absorption field shall be placed in the development covenants as well as a note on
the change of zone plat.
The Environmental Impact Plan (section 27-6-30) adequately addresses all
environmental impacts.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
lobo: 9/0 :304 6420
Fax: 9,10-304-64I6
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox. 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
If approval is granted, the Division recommends the following conditions:
The following should appear as notes on the Change of Zone plat:
1. Water service may be obtained from Little Thompson Water District
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. Language for the preservation and/or protection of the absorption field shall be
placed on the plat. The note shall state; 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.
4. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of Weld County Environmental Health Services, a
fugitive dust control plan must be submitted.
5. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan, submit an air pollution emissions notice application, and apply for a
permit from the Colorado Department of Public Health and Environment.
6. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat.
PROJECT:
MEMORANDUM
TO: Chris Gathman DATE: December 13, 2016
FROM: Diana Aungst, CFM
SUBJECT: PUDZ16-0002, Spanish Fox Estates
A Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for 9 residential lots with E (Estate) Zone Uses along with a 58.02 acre agricultural outlot (Tract A)
that will be non -buildable for residential purposes.
PARCEL: 1061-1900-0039
COMMENT:
The PUD subdivision is located on the northern side of the 125 ac parcel and the floodplain cover a
portion of land along the southern boundary. Since the floodplain is located in the open space and no
structures are prosed in the floodplain then no Floodplain permits are required. If there are any
development activities located within the special flood hazard area a floodplain permit will be required.
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.
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.
(Department of Planning Services)
NOTES ON THE PLAT:
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 -1670E effective date January 20, 2016 (Little Thompson
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)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
l/ Submit by Email
Weld County Referral
November 12, 2014
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lawrence & Jacquelyn Bebo Case Number: PUDK14-0002
Please Reply By: December 10, 2014 Planner. Chris Gathman
Project: Sketch Plan Application for a Planned Unit Development for nine (9) residential lots along with
one (1) Agricultural Lot.
Location: West of CR 3: 0.5 miles south of CR 44_
Parcel Number: 106119000039-R4676086 Legal: NE4SW4 SECTION 19, T4N, R68W & W2SE4 N LN
OF LITTLE THOMPSON RIVER 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.
0
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.
v
Signature // -L .(
Agency
Rockwell Ditch Company
Date December 9, 2014
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (97O) 304.6498 fax
From: Kristine Ranslem
To: Chris Gathman
Subject: FW: PUDZ16-002
Date: Monday, December 19, 2016 12:00:36 PM
Importance: High
Please see referral comments below. Thanks!
From: Larry Lempka[mailto:larrylempka@bigthompson.org]
Sent: Monday, December 19, 2016 11:04 AM
To: Kristine Ranslem <kranslem@co.weld.co.us>
Subject: PUDZ16-002
Kristine;
I would very much like to research this proposal in greater depth, as there seems to be some
language but lack of detailed information with regards to the well, and surface irrigation water
usage, particularly return flows.
At this time, with insufficient information about the water and return flows to the Little
Thompson River, the Big Thompson Conservation District CANNOT ACCEPT the current
plan as provided.
This may be remedied with additional information and a plan through District 1 Water
Resources.
Additionally, the flood plain and any excavation work within the flood plain should be
reviewed with the Little Thompson Watershed Coalition to determine the effects to the Master
Plan established in 2014.
Thank you.
Larry Lempka
Secretary -Treasurer
Big Thompson Conservation District
To: Weld County Department of Planning Services
The Rockwell Ditch Company, 20116 County Road 3, Berthoud CO owns and operates an irrigation ditch
that runs through the property to be developed by owners, Lawrence and Jacquelyn Bebo.
The Ditch Company's concerns are:
1. Possible increased non -historic runoff from rooftops and paved streets entering ditch.
2. The right-of—way of the ditch being respected and not infringed upon.
3. Operation and maintenance of the ditch not being impaired or restricted in any way.
David K. Schaal, President
Rockwell Ditch Company
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COLORADO
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
December 6, 2016
Chris Gathman
Weld County Department of Planning Services
Transmission via email: cgathman@weldgov.com
Re: Spanish Fox Estates (formerly Estates at Coyote Run) Subdivision
Case No. PUDZ16-0002
Section 19, T4N, R68W, 6th P.M.
Water Division 1, Water District 4
Dear Mr. Gathman:
We have reviewed the above referenced proposal for a change of zone from A (Agricultural)
to PUD (planned Unit Development) for nine (9) residential lots and one (1) agricultural outlot of
58.02 acres. The average lot size for the residential lots will be 6.59 acres, with a minimum lot size
of 5.26 acres. There is an existing residence which will be located on Lot 4. This office previously
commented on this proposal under the name Estates at Coyote Run in a letter dated December 1,
2014.
Water Supply Demand
The estimated water requirements for this subdivision were not provided.
Source of Water Supply
The proposed water supplier is the Little Thompson Water District (LTWD). The LTWD
currently provides water service to the existing residence on Lot 4. The applicant provided a letter
of commitment from the LTWD dated May 31, 2016 to serve up to eight (8) additional lots, subject to
the limitations described in their letter. This office most recently received information from the
LTWD regarding their water supply in a letter dated January 10, 2013. At that time, the LTWD had a
total firm yield of 4,923 acre-feet, with a total projected demand of 5,423 acre-feet at the end of
2020. The LTWD requires developers to dedicate water rights sufficient to supply the anticipated
demands within their development. LTWD requires 0.7 acre-feet of firm yield water for each
standard residential tap, which is the equivalent of 1.4 shares of Colorado -Big Thompson project
water per tap. The submittal did not indicate how this requirement was proposed to be met.
A review of the records available in this office has shown that there is an existing well,
permit no. 288016, located within the boundaries of the proposed subdivision. Well permit no.
288016 was issued pursuant to Section 37-92-602(3)(b)(II)(A), C.R.S. for the use of an existing well as
the only well on a parcel of 40 acres. It appears that, after subdivision, the well will be located on
the 58.02 -acre outlot. However, Section 30-28-101(10)(b), C.R.S. states:
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us
Spanish Fox Estates Page 2 of 3
December 6, 2016
"The terms "subdivision" and "subdivided land", as defined in paragraph (a) of this subsection
(10), shall not apply to any division of land which creates parcels of land each of which
comprises thirty-five or more acres of land and none of which is intended for use by multiple
owners."
Thus, if any of the proposed parcels in the development is less than 35 acres, all of the parcels are
considered to be part of a subdivision. Therefore, the existing exempt well must be included in
an augmentation plan, or must be plugged and abandoned since the provisions of Section 37-92-
602 which allowed for issuance of the well permit will no longer apply.
Mr. Bruxvoort's response letter of June 10, 2016, stated that he did not agree with this
office's interpretation of the well permitting statute as follows:
• The letter cites Section 37-92-602(3)(b)(II)(A) as evidence that statute allows exempt wells in
a subdivision due to its allowance for a well on a cluster development lot; however, Section
30-28-101(10)(c)(X) specifically excludes a cluster development from being considered a
subdivision. This application is not a cluster development.
• The second statutory reference includes an excerpt from Section 37-92-602(3)(b)(III) as
support that a permitted well is allowed within a subdivision, but fails to acknowledge that
the cited statute goes on to require that the cumulative effect of all wells in the subdivision
be considered in determining material injury. In an over -appropriated basin, all wells in a
subdivision shall be considered to cause material injury and an assessment that the
subdivision's proposed water supply will not cause material injury can only be allowed if the
proposed well is part of a court -approved augmentation plan.
Therefore, the existing exempt well with permit no. 288016 must be included in an augmentation
plan, or must be plugged and abandoned since the provisions of Section 37-92-602, C.R.S., which
allowed for issuance of the well permit will no longer apply.
In accordance with Section 30-28-101(10)(d), the board of county commissioners may,
pursuant to rules and regulations or resolution, exempt from the statutory definition of a
"subdivision" any division of land. If Weld County deems the 58.02 -acre parcel to be exempt from
subdivision regulations, the County should provide documentation for the exemption to this office.
Such exemption documentation will be added to the file for well permit no. 288016.
State Engineer's Office Opinion
As outlined in the statutes, Section 30-28-136(1)(h)(II), C.R.S., a municipality or quasi -
municipality is required to file a report with the county and the State Engineer documenting the
amount of water which can be supplied to the proposed development without causing injury to
existing water rights. To expedite the evaluation of the water supply for the subdivision, a water
supply report or statement should include a summary of water rights owned or controlled by the
district, the anticipated yields of these rights both in an average year and dry year, the present
demand on the system, the anticipated demand due to commitments for service entered into by the
district, and the amount of uncommitted firm supply the district has available for the future.
Attachment A on page 3 of the memorandum entitled "State Engineer's Actions of Proposed Water
Supplies for Land Use Actions" contains the necessary information.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us
Spanish Fox Estates Page 3 of 3
December 6, 2016
Since LTWD's 2013 letter shows that anticipated demand exceeds supply, and the 2016 letter of
commitment did not explain if the developer would provide adequate supply for the proposed
subdivision, our office cannot comment on the adequacy of the proposed water supply under the
provisions of Section 30-28-136(1)(h)(II), C.R.S. Further, it is our opinion pursuant to Section 30-28-
136(1)(h)(II), C.R.S. that material injury will occur to decreed water rights unless the existing
exempt well is included in a decreed plan for augmentation or is properly plugged and abandoned.
If you or the applicant have any questions regarding this matter, please contact Sarah Brucker
of this office for assistance.
Sincerely,
/
Tracy L((:), off, P.E.
Water R s urce Engineer
Cc: Well permit file no. 288016
Subdivision file no. 23581
Little Thompson Water District (ltwd@ltwd.org)
TLK/srb: Spanish Fox Estates (Weld)
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us
From: Nice Idler - CDOT, Gloria
To: Chins Gathman
Subject: PUDZ16-0002/Bebo
Date: Wednesday, November 09, 2016 11:13:17 AM
Chris,
This site is off of the state system and our concerns would typically be with the intersection of WCR 3 and SH 56.
I'm not familiar with traffic on WCR 3. If the traffic volume generated by this proposal increases traffic at the WCR
3/SH 56 intersection by more than 20%, then a new access permit should be written.
If you have any questions, please contact me.
Gloria Hice-Idler
Region 4 Permits Manager
Region 4 Permits Unit - Traffic
P 970.350.2148 I C 970.381.2475 I F 970.350.2198
10601 W. 10th Street, Greeley, CO 80634
gloria.hice-idler@state.co.us I www.codot.gov I www.cotrip.org
Hello