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Home My WebLink About20170868.tiffMEMORANDUM TO: Michael Hall, Planning Services DATE: November 18, 2016 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR16-0026 Hefner 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: A commercial junkyard/salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower This project is west 1-25 and is north of County Road 6. Parcel number: 146723000071, 146723000066, 146723000073 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: The Weld County Code, Chapter 23, Article X11 states that development will have stormwater detention. Urbanizing 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. From reviewing other land use cases in the Althen-Boyer CUD, it has been determined that the CUD stormwater pond, found on parcel 146723000072 (Outlot A, west of Lot 7), may have been designed as a retention pond. The original drainage report for the subdivision cannot be located, to see if the pond was designed as a detention pond or retention pond (no -outlet). This pond has fill and equipment located in it currently. For the drainage requirements of a USR to be considered adequate, a drainage report and detention pond design shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. Since the original report cannot be located, the report will need to comply with the current code. If the applicant chooses to use the subdivision stormwater pond, we will allow a variance for retention, instead of detention. If the pond is designed as a detention pond and releases in to the Bull Canal, the applicant will need to receive written permission from the irrigation ditch company. If the pond is designed as a retention pond, it will not release into the canal, and no permission will be required from the Bull Canal owners. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. General drainage report checklist is available on the engineering website. The stormwater detention/retention facility shall be constructed and Weld County Planning Department Engineer will need to accept a Certificate of Completion, signed by a Colorado Licensed Professional Engineer, prior to recording the final USR plat. Constructing this facility may necessitate an increase in the volume/size of the facility, and if using detention, the addition of an outlet structure. 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 an Engineering representative from the Planning Department for more information. Geologic Hazard Area: The site is located in a Geologic Hazard Area. A Referral from the Colorado Geological Survey (CGS), dated August 31, 2016 states that Lots 7 and 8 may contain openings to the Washington Mine. These potential mine openings may pose a risk to safety. The CGS recommended that these openings be located, plugged/stabilized, and sealed in accordance with the Division of Reclamation, Mining, and Safety standards. The applicant will need to complete a Weld County Geological Hazard Development Permit, which will address the concerns of the CGS, prior to recording the plat. For this permit, a Geologist will need to complete a report stating that the mine openings have been located, plugged/stabilized, and sealed. This is required prior to recording the final plat. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. A Certification of Completion to show the completed construction of the stormwater facilities is required, prior to recording the plan. (Department of Planning Services -Engineer) B. The site is located in a Geologic Hazard Area. A Referral from the Colorado Geological Survey (CGS), dated August 31, 2016 states that Lots 7 and 8 may contain openings to the Washington Mine. These potential mine openings may pose a risk to safety. The CGS recommended that these openings be located, plugged/stabilized, and sealed in accordance with the Division of Reclamation, Mining, and Safety standards. The applicant will need to complete a Weld County Geological Hazard Development Permit, which will address the concerns of the CGS. For this permit, a Geologist will need to complete a report stating that the mine openings have been located, plugged/stabilized, and sealed. This is required prior to recording the final plan. (Department of Planning Services -Engineer) C. The plan shall be amended to delineate the following: 1. Show and label the Geologic Hazard Area on the site plan. (Department of Planning Services - Engineer) 2. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Stormwater Retenion/Detention, No - Build or Storage Area" and shall include the calculated volume. (Department of Planning Services - Engineer) 3. 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) 3. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code. (Department of Planning Services -Engineer) MEMORANDUM TO: Michael Hall, Planning Services FROM: Janet Lundquist, Public Works SUBJECT: USR16-0026 Hefner DATE: August 15, 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 Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. This project is north of CR 6 and is east of 1-25. Parcel number 146723000066. Access is from CR 6. Roads: County Road 6 owned and maintained by the City and County of Broomfield. The Municipality has jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. Show the approved Municipality of Broomfield access(es) on the site plan and label with the approved access permit number if applicable. (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) •.''�.�86i �u r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall From: Ben Frissell, Environmental Health Services Date: August 16, 2016 Re: USR76-0026 Hefner, RV Storage and Commercial Salvage Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. Up to 3 full-time employees will utilize the site. Water is provided by Central Weld Water District. An existing commercial septic system services the property (G19840098) and is designed for no more than 3 employees. If the system needs expansion due to an increase load, a repair permit would be necessary prior to expansion. If a residence is placed on the property a separate septic system may be required. A dump station will not be located on the site at this time. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: Prior to the issuance of the Certificate of Occupancy: Health Administration Vital Records Icic: W/0 304 6410 Fax: 9/0-301-64 I'2 1. An onsite wastewater treatment system is required for the proposed residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. 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: 970-304-5452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health 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. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 5. 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. 6. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 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. Any vehicle washing area shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 9. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 10.Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons, at all times. For 10 or less customers per day or 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. 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MEMORANDUM To: Michael Hall, Planner August 3, 2016 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR16-0026 Referral Upon review of my case files and computer, active Zoning Violations (ZCV16-00025 and ZCV16-00026) were noted. These violations were initiated due to the expansion of an existing storage area without first completing the necessary Weld County Zoning Permits. This case has NOT been forwarded to the County Attorney's Office; therefore, an investigation fee is NOT required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. If this application if approved by the Board of County Commissioners it will correct this outstanding violations. If this application is denied, the Department of Planning Services asks that the Board forward these cases to the County Attorney's Office for legal action through the District Court process, but to delay that legal action for 30 (thirty) days to allow the applicant time to reduce to the approved Site Plan Review (SPR) limitations. SERVICE, ILAMWURK: INILGRI I . QUALI I Submit by Email Weld County Referral August 03, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: Troy & Judy Heffner Case Number: USR16-0026 Please Reply By: August 31, 2016 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the 1-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. Location: NORTH AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF THE EAST 1-25 FRONTAGE ROAD Parcel Number: 146723000066-R5801786 Legal: LOT 8 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000073-R5802386 Legal: LOT 9 ALTHEN-BOYER COMMERICAL UNIT DEV 2ND FILING PART OF SECTION 23, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000071-R5802186 Legal: LOT 7ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, TIN, R68W 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. Date N)1J\V-, Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MOUNTAIN VIEW FIRE RESCUE 3561 North Stagecoach Road, Unit 200• Longmont, CO 80504 (303) 772-0710 • FAX (303) 651-7702 August 26, 2016 Mr. Michael Hall Weld County Planning Services 918 10"' Street Greeley, CO 80631 Dear Mr. Hall: 1 have reviewed the submitted material pertaining to the site development plan and use by special review for the Heffner Property located at 4265 Weld County Road 6 (Case Number: USR16-0026). Over the past 20 years or more the Fire District has been opposed to any new construction within that subdivision because of the lack of water supply for fire protection within the subdivision. We had not been opposed to the use of properties for outdoor storage provided it was storage of the equipment and supplies associated with a particular business. A few years ago, I noticed that the complexion of the storage on this property had changed from salvage type. storage to storage of recreational vehicles. I contacted Weld County and shared my concerns. At that time I was told that there had been a special use review that did allow for some storage RV hut I understood it to be on lot 7 only. It appears to he that this proposal now is to include the use of all lots for RV storage. The Fire District is opposed to this because of the lack of water supply for fire protection. Water supply for fire protection is required for facilities as defined by the fire code which includes facilities used for RV storage. The hazards of exposure to outdoor storage from ignition sources or other exposing fires make this a necessity. Conditions created by this use are susceptible to group fires or conflagrations. A minimum fire Clow of 1,000 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.), is required to be provided from hydrants that are located so that the most remote portion of the storage is within 450 feet of a hydrant, as measured along the fire apparatus access road. Plans for this type of storage have never been submitted to the Fire District for approval. We appreciate being involved in the planning process. Should you need additional information or have any questions. please contact me at 303-772-0710 x 1121, Sincerely, LuAnn Penfold Fire Marshal 1p08.10.t6 cc: project file www.mvfpd.org Michael Hall From: Judy Hefner <hefnerjudy@msn.com> Sent: Thursday, February 23, 2017 3:35 PM To: Michael Hall Subject: Hefner USR Update Mtn View Fire / Geology Study Attachments: Mtn View Fire Approval.pdf Follow Up Flag: Flag Status: Hi Michael, Follow up Flagged Just wanted to give you an update on a few things. Mountain View Fire District has given us an approval on installing a fire hydrant with a flow of 650 gpm, which is available from Central Weld Water District if we install an 8" line from Weld County Road 6. Their approval letter is attached. The only thing we are not sure of at this time is if we will put the hydrant on Lot 6 (which would be much easier, but would require an inclusion into Northern after we buy the property) or if we will put it on Lot 8. The inclusion process could take 6-9 months. We are currently working with a geologist that is very familiar with the Washington Mine and will soon have a detailed report from him that will satisfy the Geological Hazard Permit requirements for Lots 6, 7, & 8. If you have any questions, please let us know. Judy Hefner 1 MOUNTAIN VIEW FIRE RESCUE 3561 North Stagecoach Road, Unit 200• Longmont, CO 80504 (303) 772-0710 • FAX (303) 651-7702 February 22, 2017 Ms. Judy Hefner 370 Weld County Road 16,5 Longmont, CO 80504 Dear Ms. Hefner: I have reviewed the submitted materiat for the proposed the RV storage on Lots 6, 7, 8 and 9 of the Althen Boyer Subdivision in Weld County and shall make the following comments with regard to the plans: . • The Fire District will accept the available fire flow of 650 gallons per minute at 20 p.s.i. from the proposed fire hydrant and 8 -inch water line for the outdoor storage. Should a change occur and you wish to construct buildings or move` structures on to any of the lots fire flow is not adequate and will not be allowed without approval by the Fire District. • Fire apparatus access appears to be adequate as indicated on the plans. If a lock is placed on the 16 foot fire access gate to Lot 6, it must be a Knox brand padlock or a Knox box installed at the gate. • The fire hydrant must be in service and a final inspection completed by a member of the Fire District before final approval is given. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at. 303-772-0710 x 1121. Sincerely, LuAnn Penfold Fire Marshal cc: project file 1p02.13.17 www.mvfpd.org Michael Hall From: Sent: To: Subject: Michael Hall Monday, February 27, 2017 11:59 AM 'LuAnn Penfold' RE: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Good point. Yes, this case is tricky because it is already in operation and is a violation. I will put this in the case file and note that Mtn View is requesting that the hydrant be purchased and installed before finalizing and recording the USR. We are seeing lots of proposed RV/outdoor storage pre applications and USR submittals lately. It seems to be a booming business in Weld County! Thanks again, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: LuAnn Penfold [mailto:lpenfold1101@gmail.com] Sent: Monday, February 27, 2017 11:51 AM To: Michael Hall <mhall@co.weld.co.us> Subject: Re: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Oh I liked it - It has been a long time coming. I don't think his USR should be approved until the hydrant is in. But things may not work that way. He should not have been allowed to use the lots for RV storage until water supply had been provided. That's how we do everyone else. Problem is that he just went ahead and did it. Hanging his hat on the fact he was approved for outdoor storage. There must be a lot of money to be made with this type of activity because it seems like lots of people proposing this. L On Mon, Feb 27, 2017 at 11:45 AM, Michael Hall <mita11(� co.weld.co.us> wrote: Perfect. 1 Also, what did you think about the question that I asked Judy at the bottom of the first email I sent today... "I will need a signed letter from you and Troy that states your intent to comply with Mtn View's approval letter and all the conditions as stated by LuAnn. In your letter you will need to commit to purchasing and installing the fire hydrant within a reasonable time frame... maybe LuAnn has thoughts on when this should be installed by" Thank you, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: LuAnn Penfold [mailto:lpenfold1101@gmail.com] Sent: Monday, February 27, 2017 11:43 AM To: Michael Hall <nihall(eico.weld.co.us> Subject: Re: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Yes I am in agreement. Thanks for the clarification. LuAnn 2 On Mon, Feb 27, 2017 at 11:15 AM, Michael Hall <mhall(ii)co.wcld.co.us> wrote: Hi LuAnn, No problem. Thanks for getting back to me. QUESTION: Are you in agreement that the Mtn View Fire condition of approval note should stay in the staff report, in order to have it on record that there are conditions within the fire hydrant approval letter that must be met? PROCEDURAL BACKGROUND: Whenever the Planning Department receives a referral response or subsequent correspondence such as your approval letter from an agency and that response indicates concerns/requirements, the Planner puts a condition of approval in the Planning case's staff report that states the conditions must be addressed and/or met. So in the present case, it appears that your initial referral has been addressed completely by the Hefner's and a fire hydrant is agreed upon. However, there are conditions of approval as part of the fire hydrant process, so I am thinking that I will leave the Mtn View Fire condition of approval note in the Planning staff report. Please let me know if you have questions! Thank you, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: LuAnn Penfold [mailto:Ipenfold1101@gmail.com] Sent: Monday, February 27, 2017 10:59 AM To: Michael Hall <mhall@co.weld.co.us> Subject: Re: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Hi, I'm not sure what you are asking as I can be a little dense. But only the one fire hydrant is needed for the outdoor storage facility and if the located it properly (even if on Lot 8) it will serve all of the lots. LuAnn On Mon, Feb 27, 2017 at 9:41 AM, Michael Hall <mhall(T co.weld.co.us> wrote: LuAnn, I received the Mountain View Fire Rescue approval letter from Judy Hefner to allow the placement of a fire hydrant for USR16-0026 given the water availability from CWCWD. See the attached email correspondence from Kathy Naibauer at CWCWD regarding the fire hydrant. In her email, she states. "Currently, Lot 8 is the only lot included in the USR application that is eligible for fire hydrant installation due to the fact that it is the only lot of the three included in the USR that is petitioned into NCWCD. If Hefner's take steps to petition lot 7 or 9 into NCWCD and MSNCWCD (petitions for both entities are required due to some procedural changes since November), those lots can be eligible for water service and/or hydrant placement as long as CWCWD requirements are met." 4 Based off this, the fire hydrant will need to be located on Lot 8. Lot 6 is not a part of the proposed USR, is not being considered as part of this process and is not petitioned or included into the water districts' areas. Are you in agreement that since there are still conditions of approval, as stated in Mtn View's Approval letter (also attached), this condition of approval will remain in the USR16-0026 staff report. Kathy, I received your response regarding the conditions of approval for CWCWD. Question 1 : Since "Lot 8 is the only lot included in the USR application that is eligible for fire hydrant installation due to the fact that it is the only lot of the three included in the USR that is petitioned into NCWCD", will service from the proposed fire hydrant be limited only to Lot 8? Or will the fire hydrant be allowed for use on Lots 7 and 9 as well. am clear on the fact that water service from CWCWD meter # 3161 will only be allowed for use on Lot 8 but not sure on the fire hydrant. Please advise. Questions 2: Do you feel comfortable removing the CWCWD referral from the conditions of approval list on the USR16-0026 staff report? A copy of the staff report is attached, see page 5, item 1.A Judy, I will need a signed letter from you and Troy that states your intent to comply with Mtn View's approval letter and all the conditions as stated by LuAnn. In your letter you will need to commit to purchasing and installing the fire hydrant within a reasonable time frame... maybe LuAnn has thoughts on when this should be installed by. 5 (FYI- the Broomfield ROW condition of approval note has been removed from the staff report, as all my questions have been addressed by their Planning Director.) Please let me know if you have any questions. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Judy Hefner [mailto:hefnerjudy@msn.com] Sent: Thursday, February 23, 2017 3:35 PM To: Michael Hall <mhall@co.weld.co.us> Subject: Hefner USR Update Mtn View Fire / Geology Study Hi Michael, 6 Just wanted to give you an update on a few things. Mountain View Fire District has given us an approval on installing a fire hydrant with a flow of 650 gpm, which is available from Central Weld Water District if we install an 8" line from Weld County Road 6. Their approval letter is attached. The only thing we are not sure of at this time is if we will put the hydrant on Lot 6 (which would be much easier, but would require an inclusion into Northern after we buy the property) or if we will put it on Lot 8. The inclusion process could take 6-9 months. We are currently working with a geologist that is very familiar with the Washington Mine and will soon have a detailed report from him that will satisfy the Geological Hazard Permit requirements for Lots 6, 7, & 8. If you have any questions, please let us know. Judy Hefner Submit by Email Weld County Referral August 03, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: Troy & Judy Heffner Case Number: USR16-0026 Please Reply By: August 31, 2016 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. Location: NORTH AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF THE EAST I-25 FRONTAGE ROAD Parcel Number: 146723000066-R5801786 Legal: LOT 8 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000073-R5802386 Legal: LOT 9 ALTHEN-BOYER COMMERICAL UNIT DEV 2ND FILING PART OF SECTION 23, T1 N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000071-R5802186 Legal: LOT 7 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1N, R68W 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. n We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Kathy Naibauer Date 8/11/16 Central Weld County Water District Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax CENTRAL WELD COUNTY WATER DISTRICT August 10, 2016 Michael Hall Weld County Department of Planning Services Dear Mr. Hall, Thank you for referring project USR16-0026 to Central Weld County Water District (CWCWD) for review. The landowner states in their application that water service for this project is currently being provided by tap #3016. Tap #3016 is designated for use specifically on neighboring parcel #146723000005. Using water from this tap to serve any of the parcels included in the USR16-0026 application is a violation of District policy and the landowner will be notified to cease and desist in a separate letter. Failure to comply with this policy, within the timeframe designated by the District, will result in termination of service at meter #3016. The landowner submitted payment on September 9, 2015 for a new tap to serve parcel #146723000066 (Lot 8), pending inclusion of that parcel into Northern Colorado Water Conservancy District (NCWCD). This purchase did not include any provision for fire flow requirements should there be any for this project. Please note that Lot 8 is the only parcel included in the pending NCWCD petition and water from the new tap installation cannot be used on parcel #146723000071 (Lot 7) or parcel #146723000073 (Lot 9). The landowner needs to be aware that if the District provides water service for a parcel that has no county road frontage, a utility easement will need to be provided to the District by the landowner prior to tap installation. The easement must include the location of any meter pit that is unable to be situated on the parcel for which it is providing service. The District must have access to the meter pit at all times, and modification of current fencing maybe necessary, at the owners' cost. All new meter installations for commercial properties are subject to current District backflow prevention requirements. We may require a Reduced Pressure Zone (RPZ) backflow assembly to be installed after the meter as containment. The landowner can contact our office to determine the exact requirements for their property, as instructions for installation are specific to the property and a full survey of the tap holder's water usage practices for their business may be required. All requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation must be satisfied prior to receiving water service. Again, a water tap installation is for a specific parcel of property and in no case will a customer be permitted to extend a service line from one parcel or property to another parcel to provide additional 2235 2"" Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 CENTRAL WELD COUNTY WATER DISTRICT water service. Also, the District has the right to review the annual allotment and compare it to actual usage to determine if additional raw water will be purchased and transferred to the District by Tap Holder. If you should need anything further, please contact the District. Thank you, 4-4 Kathy Naibauer Central Weld County Water District 970-352-1284 kathy@cwcwd.com 2235 2"d Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Michael Hall From: Kathy Naibauer <kathy@cwcwd.com> Sent: Friday, February 10, 2017 2:15 PM To: Michael Hall Subject: RE: USR16-0026 Water Questions Attachments: 3161.pdf; 3161 easement.pdf; Tap 3161 meter pit location.JPG Follow Up Flag: Flag Status: Michael, Follow up Flagged We are currently serving lot 8 (parcel 146723000066) with tap 3161. All comments in our 8/10/16 letter are satisfied to our knowledge. A couple of notes: As stated in the letter, the tap purchase did not include fire flow. We later provided a quote for fire flow of 1000gpm @ 20 psi to Hefners' on 12/1/16. Hefner's have indicated that Mountain View Fire may be able to reduce the fire flow requirements. I am waiting to receive modified fire flow requirements from Mountain View Fire before proceeding so as of the date of this email a hydrant has not been purchased for service to the property. Currently, Lot 8 is the only lot included in the USR application that is eligible for fire hydrant installation due to the fact that it is the only lot of the three included in the USR that is petitioned into NCWCD. If Hefner's take steps to petition lot 7 or 9 into NCWCD and MSNCWCD (petitions for both entities are required due to some procedural changes since November), those lots can be eligible for water service and/or hydrant placement as long as CWCWD requirements are met. No other outstanding issues with tap 3161. The connection to meter 3016 has been severed. Tap 3161 serves 4265 CR 6. Attached is a copy of the tap agreement indicating lot 8 as the lot for which the tap was purchased. Yes, easement 4229064 was recorded 8/18/16 by Hefners in Weld County. Yes, attached are a copy of the easement, which includes a map and a GIS photo indicating Central Weld's meter pit placement. They installed an RP device that meets District requirements and was last tested on 10/17/16. Annual tests will be required for this device. Thanks, 1LctkU NcI%bcuer 1 C;fvTF LWELD CC:UNI-' L\A= ER [STFJCT 2235 2ND AVENUE r?,EELE:', C 062. 1 1:-/-7;:;-:'L-'62- 1 2L4 From: Michael Hall [mailto:mhall@co.weld.co.us] Sent: Friday, January 27, 2017 1:59 PM To: Kathy Naibauer <kathy@cwcwd.com> Subject: USR16-0026 Water Questions Hi Kathy, I have questions regarding USR16-0026 (Troy and Judy Hefner). We are getting closer to the public hearings and the Hefner's are trying to address the CWCWD referral prior to the hearings. Attached is the CWCWD referral, dated 8/11/2016 and their condition of approval documents. Could you please review your referral compared to their response and let me know if the CWCWD comments are satisfied? Are the any other outstanding issues with that water account (3161)? And have they officially severed the connection to meter # 3016? What address does the tap serve? Is there a letter you can provide that has this information? Is the utility easement, extending to Lot 8, a separate recorded document? Is there a map of the easement and meter pit? Did they install an RPZ backflow assembly? Please let me know if you have any questions. Thank you, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 GRANT OF WATER LINE EASEMENT STATE OF COLORADO ) )ss. 4229064 Pages“ l of 4 08/18/2010 10,08 AM R Fee:$2B.00 Carly Kappes. Clark and Recorder, Weld County, CO liii f �I Me III II1 COUNTY OF WELD ) THIS EASEMENT AGREEMENT is executed by Troy and Judy Hefner ("Grantor), whose address is 370 County Road 16.5, Longmont, CO 80504, and Central Weld County Water District ("Grantee"), whose address is 2235 2"d Avenue, Greeley, CO 80631, WiTNESSETH: WHEREAS, the Grantor is the owner of the following adjacent parcels located in Weld County: Parcel A (dominant): Lot 8, Althen Boyer, CUD, 2nd Filing Aka 4265 Weld County Road 6, Erie, CO 80516 Parcel #1467-23-0-00-066 Parcel B (servient): Lot 9, Althen Boyer, CUD, 2nd Filing Aka 4255 Weld County Road 6, Erie, CO 80516 Parcel #1467-23-0-00-073 Parcel C (servient): 4343 Weld County Road 6, Erie, CO 80516 Parcel #1467-23-0-00-005 WHEREAS, Grantor desires to install a new water meter pit and water line to serve Parcel A, on and across a small portion of Parcel B, using a portion of Parcel C, and Central Weld County Water District is requiring an easement for such purpose; NOW, THEREFORE, Grantor states the following: CONSIDERATION AND GRANT OF EASEMENT. In Consideration of one dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor hereby grants to Grantee a perpetual, non-exclusive utility easement in gross and right of way, that shall run with the land, in, under, over, above and across the Easement Area for the purpose of installing and maintaining the water meter pit on the SE corner of Parcel B. EASEMENT AREA. The Easement Area is a tract of land located in Section 23, Township 'IN, Range 68W, within the County of Weld, State of Colorado, and is more particularly described by both Common and Legal Descriptions, on the attached "Exhibit A" entitled "Easement Legal Description", and delineated on the attached "Exhibit B" entitled "Easement Plat", each of these Exhibits being attached hereto are incorporated herein by this reference. PERMITTED USE. Grantee's Easement Area shall be used by Grantee to construct, install, operate, maintain, inspect, test, repair, upgrade, alter, and replace the water meter pit, as described herein, together with the right of ingress and egress over, under, above, through and across the Easement Area for the purposes of exercising the rights granted here in. This Easement shall run with the land. The use of the term "Permitted Use" herein shall not be construed to mean that this Easement Agreement is a permit or license, but rather should be construed to mean a right granted in perpetuity pursuant to the terms and conditions of this Easement Agreement. This Easement Agreement shall be exclusive to the water line in questions, and shall not restrict nor preclude Grantor(s) hereof from granting any other non-exclusive easements to any other persons so long as any such non-exclusive easement does not conflict with the rights granted herein or otherwise endanger the underground facilities. The water line shall be installed by trenching at an approximate depth of 48" below grade, Grantor reserves the right to use the Easement Area or any portion thereof, for any purpose so long as such use does not unreasonably interfere with the Easement Area or the purposes contemplated thereunder. Grantor's existing fence that lies within the easement area, shall be modified by Grantor to allow installation of the water pit on the SE corner of Lot 9, outside of the existing fence. MAINTENANCE. Should Grantee need to excavate any of Grantor's Easement Area, now or in the future, care will be taken to locate and avoid the nearby natural gas supply lines. All property will be returned to its original condition by backfilling and reseeding the excavated area in accordance with generally accepted industry best management practices. INDEMNIFICATION. Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement, and the Grantee shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. Grantor shall not diminish the ground cover over the water line and/or meter pit and shall not substantially add to the ground cover over the water line and/or meter pit, Grantor reserves the right to occupy and use the property described herein for all purposes not inconsistent with the rights herein granted. This Easement Agreement, and the rights herein granted, shall be binding upon and inure to the benefit of the heirs, personal representatives, executors, administrators, successors and assigns and apportionees of the respective parties hereto. Grantor is lawfully seized and possessed of the lands described herein, and have the lawful right and authority to enter into and deliver the Easement without the authorization or prior consent of any other natural or artificial person. NOTIFICATIONS. Any notifications or other correspondence pertaining to this Easement Agreement, shall be in writing and delivered by First Class U.S. Mail, to Grantor at the following address: Grantor: Troy and Judy Hefner 370 County Road 16.5 Longmont, CO 80504 Grantee: Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 4229064 Pages: 2 of 4 08/18/2016 10:06 AM R Fee:$26.00 Carly Koopes, Clerk and Recorder, Weld lit! �r�llielvrhll�6'1+4 I �i "1/ c OMk IN representations, promises, or the like that are not contained in this Easement Agreement shall be of no force or affect. AMENDMENT. This Easement Agreement may not be modified, changed, altered, amended or otherwise revised except by way of a duly executed written amendment by both Grantor and Grantee WAIVER. The waiver by either Grantor or Grantee, or both, of any of its rights with respect to a default or any other matter arising under this Easement Agreement shall not constitute or be construed as constituting a waiver with respect to any other default or matter. SEVERABILITY. If any provision of this Easement Agreement shall be determined to be unenforceable or void by a court of competent jurisdiction, all other provisions shall remain in full force and effect. MISCELLANEOUS. Upon execution of this Easement Agreement, the Grantp sill cause this instrument to be recorded in the real estate records of the Weld County Clerk -Recorder, at t a et 's earliest opportunity. C�1sen��,ntAy�eeMart t * 1111' GRANTOR: IN WITNESS WHEREOF, the Grantor(s) have executed this Easement Agreement as of the l lay of August, 2016. State of Colorado ) ) ss. County oac4,0&-- ) On this day personally appeared before me lfi .rt,- to me known to be the individual(s) described herelii and who executed the wit in and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the purposes therein described. Given u der my ha d and seal of office this ri �'4 day of August, 2016. otlO.taV Publ' ' My Commission Expires 4229004 Peens: 3 of 4 G9134/2ej 1#.00 RR R Fee:$16 o) Carly Komas Clerk and Pcoorder, Wald County, CO .11 )' 1 T,firelnilICAT.I filWON %IitWO',lfl 11III WILLIAM H LACERT III Nota �blic State or Colorado Notary ID: 200544022881 My Commission Expires Nov. 12, 2018 Exhibit "A" Easement Legal Description & Plat Map The Easement Area is twofold: Easement A: A tract of land at the SE corner of Lot 9, Althea Boyer, CUD, also known as 4255 Weld County Road 6, Erie, CO 80516, or Weld County Parcel #1467-23-0-00-073, in the County of Weld, State of Colorado, Section 23, Township IN, Range 68W. The easement is at the SE corner of the property. The west border of the easement is ten feet (10') west of the east property line. The east border is the property line. The south border is the property line. The north border is ten feet (10') north of the south property line. The Easement Area is shown as Easement A on the Easement Plat shown below. Easement B: A tract of land at the SW corner of 4343 Weld County Road 8, Erie, CO 80516, or Weld County Parcel #1467- 23-0-00-005, In the County of Weld, State of Colorado, Section 23, Township 1 N, Range 68W. The easement is at the SE corner of the property. The west border of the easement is the property line. The east border is 5 feet (5') east of the west property line. The south border is the property line. The north border is fifteen (15') north of the south property line. The Easement Area is shown as Easement 8 on the Easement Plat shown below. LOT 9 ALTHEN BOYER CUD 2nd Isiling 4255 WCR 6 (HEFNER) 1.667 AC MODIFIED FENCE CWCWD 4229064 Pages: 4 of 4 08/18/2016 10;08 AMR Fee:$28 $26 00 11111 r�11' p� Clerk and Recorder, �'Weld Col�,�,44I If II! TAP FEE AGREEMENT THIS AGREEMENT, made and entered into this i 4- day of L/Ktl� 20 /5‘. by and between the CENTRAL WELD COUNTY WATER DISTRICT, hereinafter called the District, and Troy & Judy Hefner hereinafter called Customer, WITNESSETH: WHEREAS, District has been organized as a legal body and is known as the Central Weld County Water District, and WHEREAS, Customers are taxpaying electors within said District, or desiring to join said District, and, WHEREAS, Customers are desirous of acquiring one water tap of j(Linches in diameter from the said District, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows I Customer agrees to pay the top fee of $ 26.100.00 Twenty Six Thousand One Hundred & no/I0Q Dollars 2 The description of the premises for which this tap is being purchased is as follows Lot 3, Althen-Boyer Commercial Unit Development, Second Filing, County of Weld, State of Colorado Parcel NI 46'723000066 3 This agreement, when approved by the Board of Directorsshall become a legal and binding contract upon all parties hereto 4. Customer further agrees to execute any and all easements needed by District at no expense to District, across Customer's property for the purpose of installing the District's service line and meter pit constructed by District. District shall be responsible for restoring surface area back to reasonable condition at District cost. S. It is Rather mutually agreed that this agmement shall extend to and be binding upon the hens, executors, administrators and assigns of the parties hereto. 6 Customer further agrees to the following special provisions N/A 7 Customer further agrees to abide by the rates established and the rules and regulations of the District. S Customers are not permitted to resell water received from the District A water tap installation is for a specific parcel of property and in no case will a customer be permitted to extend a service line from one parcel or property to another pared to provide additional water service. Customers may be permitted to provide water service to a second and additional residence on the same parcel of property from one water tap with Board approval One water tap may serve a second or additional residence providing that there is only one owner involved and one specific parcel of property. A monthly surcharge for each dwelling and/or business unit shall be paid in addition to the regular rate schedule Water service which involves two or more residences on the same water tap generally means that both pressures and flows are inadequate during the periods of peak usage The Districts responsibility ends at the customer's side of the meter yoke in the meter pit and poor pressures or flows attributed to the second residences are the responsibility of the customer. Once a customer's water service has been designated as having an additional residence involved and a dwelling and/or business unit charge has been assessed to the account, the dwelling and/or business unit charge will remain on the account indefinitely, regardless of whether the additional residences are occupied or not No refunds for dwellinn and/or business unit charges will be wanted In the event that the additional residence has been removed from the property, or the water service line has been permanently disconnected to the additional residence, the customer may request that the dwelling and/or business unit charge be removed from their account. This request must be in wrung, stating the circumstances involved, and will be addressed by the Board at the next regular scheduled meeting. The customer will then be advised of the Board's decision in writing In the event that the parcel of property involving additional residences is sold, so that the "one owner - one property" rule is violated, a second water tap will have to be purchased to serve the additional residence IN WITNESS WHEREOF, the parties hereto have haetmto and hereunder set their signatures the day and year first heretnabove written Revised 4/24/2014 Michael Hall From: Sent: To: Cc: Subject: Kathy, Thank you for the response. Michael Hall Monday, February 27, 2017 11:29 AM 'Kathy Naibauer'; LuAnn Penfold; Judy Hefner Michelle Martin RE: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Good to know... I will include in my notes that water usage of the proposed fire hydrant on Lot S for fire protection on surrounding lots is okay, but "water cannot be obtained from the hydrant and trucked or transferred to a lot not included in NCWCD for any other type of use, as doing so is a direct violation of Central Weld's policies." Additionally, CWCWD tap 3161 cannot be used for any other lots. I will remove the CWCWD condition of approval from the staff report as you stated. Please update me as the Applicant works through the process with CWCWD and Mtn View Fire Rescue. Thank you, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kathy Naibauer [mailto:kathy@cwcwd.com] Sent: Monday, February 27, 2017 11:10 AM To: Michael Hall <mhall@co.weld.co.us>; LuAnn Penfold <Ipenfold1101@gmail.com>; Judy Hefner <hefnerjudy@msn.com> Cc: Michelle Martin <mmartin@co.weld.co.us> Subject: RE: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD Michael, In response to your email below: 1 Question 1: Currently, lot 8 is the only lot eligible for hydrant placement. The District is in the process of refreshing costs for the Hefners for hydrant installation on lot 8. In the event of an active fire, the District will not attempt to prevent water from the hydrant being used on surrounding lots. Water cannot be obtained from the hydrant and trucked or transferred to a lot not included in NCWCD for any other type of use, as doing so is a direct violation of Central Weld's policies. Question 2: Yes, I am comfortable removing CWCWD from the conditions of approval list as our requirements for water service have been met. At this point we are working with Hefners to help them meet fire flow requirements set forth by Mountain View Fire. Thanks, 1LcftkU N,21.lot er aw4 C.ErvTRALWELD t:.D.LIN i'ti&'r = Ei nt TFJCT 2ND AVENUE :?,EELS . C -C 8r=:r631 97'_ ='' } 1 .2, ,4 ?HON 1t 97;7, . ti." ]`ati ' FAY, From: Michael Hall [mailto:mhall@co.weld.co.us] Sent: Monday, February 27, 2017 9:42 AM To: LuAnn Penfold <Ipenfold1101@gmail.com>; Kathy Naibauer <kathy@cwcwd.com>; Judy Hefner <hefnerjudy@msn.com> Cc: Michelle Martin <mmartin@co.weld.co.us> Subject: RE: Hefner USR16-0026 Update- Mtn View Fire/ CWCWD LuAnn, I received the Mountain View Fire Rescue approval letter from Judy Hefner to allow the placement of a fire hydrant for USR16-0026 given the water availability from CWCWD. See the attached email correspondence from Kathy Naibauer at CWCWD regarding the fire hydrant. In her email, she states. "Currently, Lot 8 is the only lot included in the USR application that is eligible for fire hydrant installation due to the fact that it is the only lot of the three included in the USR that is petitioned into NCWCD. If Hefner's take steps to petition lot 7 or 9 into NCWCD and MSNCWCD (petitions for both entities are required due to some procedural changes since November), those lots can be eligible for water service and/or hydrant placement as long as CWCWD requirements are met." Based off this, the fire hydrant will need to be located on Lot 8. Lot 6 is not a part of the proposed USR, is not being considered as part of this process and is not petitioned or included into the water districts' areas. Are you in agreement that since there are still conditions of approval, as stated in Mtn View's Approval letter (also attached), this condition of approval will remain in the USR16-0026 staff report. 2 Kathy, I received your response regarding the conditions of approval for CWCWD. Question 1 : Since "Lot 8 is the only lot included in the USR application that is eligible for fire hydrant installation due to the fact that it is the only lot of the three included in the USR that is petitioned into NCWCD", will service from the proposed fire hydrant be limited only to Lot 8? Or will the fire hydrant be allowed for use on Lots 7 and 9 as well. I am clear on the fact that water service from CWCWD meter # 3161 will only be allowed for use on Lot 8 but not sure on the fire hydrant. Please advise. Questions 2: Do you feel comfortable removing the CWCWD referral from the conditions of approval list on the USR16- 0026 staff report? A copy of the staff report is attached, see page 5, item LA Judy, I will need a signed letter from you and Troy that states your intent to comply with Mtn View's approval letter and all the conditions as stated by LuAnn. In your letter you will need to commit to purchasing and installing the fire hydrant within a reasonable time frame... maybe LuAnn has thoughts on when this should be installed by. (FYI- the Broomfield ROW condition of approval note has been removed from the staff report, as all my questions have been addressed by their Planning Director.) Please let me know if you have any questions. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Judy Hefner [mailto:hefnerjudy@msn.com] Sent: Thursday, February 23, 2017 3:35 PM 3 To: Michael Hall <mhall@co.weld.co.us> Subject: Hefner USR Update Mtn View Fire / Geology Study Hi Michael, Just wanted to give you an update on a few things. Mountain View Fire District has given us an approval on installing a fire hydrant with a flow of 650 gpm, which is available from Central Weld Water District if we install an 8" line from Weld County Road 6. Their approval letter is attached. The only thing we are not sure of at this time is if we will put the hydrant on Lot 6 (which would be much easier, but would require an inclusion into Northern after we buy the property) or if we will put it on Lot 8. The inclusion process could take 6-9 months. We are currently working with a geologist that is very familiar with the Washington Mine and will soon have a detailed report from him that will satisfy the Geological Hazard Permit requirements for Lots 6, 7, & 8. If you have any questions, please let us know. Judy Hefner 4 Submit by Email Weld County Referral R E E11 7 rAlie092016 Weld County Planning Department GREELEY OFFICE August 03, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: Troy & Judy Heffner Case Number: USR16-0026 Please Reply By: August 31, 2016 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. Location: NORTH AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF THE EAST 1-25 FRONTAGE ROAD Parcel Number: 146723000066-R5801786 Legal: LOT 8 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO, Parcel Number: 146723000073-R5802386 Legal: LOT 9 ALTHEN-BOYER COMMERICAL UNIT DEV 2ND FILING PART OF SECTION 23, TIN, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000071-R5802186 Legal: LOT 7 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, Ti N, R68W 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 nod coply with our Comprehensive Plan because: See attached Exhibit 'A.' We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date August 5, 2016 Agency Northern Colorado Water Conservancy District Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Exhibit "A" Parcel Numbers 146723000071 and 146723000073 have not been included within the boundaries of the Northern Colorado Water Conservancy District (Northern Water). Parcel Number 146723000066 is in the process of being included within the Northern Water boundaries. Northern Water should be receiving the signed Order of Inclusion shortly. Parcel Numbers 146723000071 and 146723000073 must be included within the boundaries of Northern Water before any water service can be provided the Central Weld County Water District. If water service is currently being provided, these parcels must be petitioned for inclusion within Northern Water boundaries. 4D p=. ACLIV.TTN.T and calreat o. 'if& i?iCustody. y .00-, '{F!)' t4 t @i 61 the,gis CVCou,nt Court (NM CPuhty, Corer a ev per' 4221439 Pages: 1 of' 3 07/22/2016 01:49 P11 R Fee:$21.00 Carly Koppes, Clerk and Recorder, Weld County, CO W �IIIPerd r ll�i�ir� �,�fit�ii�lk��'I�M�li�«fr��1�l�iiri)r lllll DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO 901 9th Avenue Greeley, Colorado 80631 IN Ti lE MATTER OF THE, NORTHERN COLORADO WATER CONSERVANCY DISTRICT DATE HIED: June 28, 2016 7:17 AM CASE NUMBER: 1937CV109454 A COURT USE ONLY A Case Number: 1937CV 109454 Div.: 1 ORDER FOR CONDI'T'IONAL INCLUSION OF LANDS WITHIN.'I'IIE BOUNDARIES OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT This matter comes on regularly before this Court on this gbh day of June. 2016, on the Motion of the Board of Directors of the Northern Colorado Water Conservancy District ("Northern Water") for an Order that the hereinafter described lands shall be conditionally included in Northern Water. Tile Court. having considered said Motion and being advised of the premises, finds as follows: 1. Pursuant to C.R.S. 5 37-45-136(2)_ as amended, certain owners of land. Troy Hefner and Judy l lefner ("Petitioners"), have filed with the Board of Directors of the District ("Board") a Petition in writing requesting (hat st.ich lands be included within the District ("Petition"), which Petition described the tracts of land owned by the Petitioners and is acknowledged as conveyances of land are required to be acknowledged, •2. The Petitioners and the lands sought to be included are set forth in Exhibit 1 attached hereto and incorporated herein by reference. 3. The Secretary of the Board caused notice of filing of the Petition ("Notice") to be given and published in Weld County. Colorado, in which said lands arc situated, which Notice stated the filing of the Petition, the names of the Petitioners, descriptions of the lands to be included, and the request of the Petitioners, and notified all persons interested to appear at the office of the Board at the time stated in the Notice and to show cause in writing, if any, why the Petition should not be granted. 4. The Board, at the time and place so mentioned, proceeded to hear the Petition. 4221439 Pages: 2 of 3 07/22/2016 01:49 PM R Fee:$21.00 Carly Kgppes, Clerk and Recorder, Weld County, CO 1111 I r rril1 No objections to the Petition were presented in writing or orally by any person, and the Board granted the Petition on certain conditions and made and filed herein its Order to that effect. 5. The Secretary of the Interior has assented in writing to such inclusion. WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit I attached hereto, shall be and are included in the Northern Colorado Water Conservancy District, conditioned on future payment of all mill levies and assessments which are levied or which will be levied on other similarly situated lands in the Northern Colorado Water Conservancy District at the time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with similarly situated existing lands, Petitioners' lands are subject to exclusion for noncompliance with this condition, if the payments are not otherwise made. DATED this 28th day of June, 2016. BY THE COURT: Cideljr-104-, James F. Hartmann Chief Judge, I9th Judi€cia] District 2 4221439 Pages: 3 of 3 07/22f2016 01:49 PM R Fee:321.00 Carly Koppes, Clerk and Recorder, Weld County, CO 101 l if r1C' G��t:I�MG '<<l� �i� �6' YrM .1 Uf f I1 t'lil1].1ON1=RS Troy ( Icfner Judy Hefner IDI?SCIZIPTION A tract of land situated in Section 23,'Iownship 1 North, Range GS West of the G"' N.M., County of Weld, State of Colorado described as Weld County Assessor's Parcel Number 146723000066 parcel as desc. un Warranty Deed rec. in 13k. 1306, Rec. #(12257K26. Exhibit 1 1 .67 Acres AV Submit by Email Weld County Referral August 03, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: Troy & Judy Heffner Case Number: USR16-0026 Please Reply By: August 31, 2016 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers, vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70' telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District, provided that the use is enclosed and screened (any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District. Location: NORTH AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF THE EAST 1-25 FRONTAGE ROAD Parcel Number: 146723000066-R5801786 Legal: LOT 8 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000073-R5802386 Legal: LOT 9 ALTHEN-B0YER COMMERICAL UNIT DEV 2ND FILING PART OF SECTION 23, TIN, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 146723000071-R5802186 Legal: LOT 7ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W 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 CL2diIA. k_Date x-15- 70kS Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Boulder 1/h' Conservation 1)r.%trict •W s}wr}5 Nckehn «raN 1) 1 .oni2j1rolu_ {'n 0u•a•Lu Site Review Memo To: Boulder Valley CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose, etc.) Tray & Judy Hefner, north and adjacent to County Road 6 approximately '4 miles east of the east 125 Frontage Road, Case #USR16-0026. Create a commercial nwarehousing,rd or outdoor age stoya d, vehicle repair/service, vehicle sales and rentals, contractor shop, a mobile home for caretaker/security personnel living quarters, a 70 ft. telecommunication tower, and uses allowed in industrial zone districts. Prime Farmland: N/A Water Quality: N/A Noxious Weed Control: Control weeds on property to keep from spreading Soils Limitations: Make sure any fluid spills are cleaned up and disposed of properly. Other concerns: Summary comments: Michael Hall From: Sent: To: Subject: Michael Hall Thursday, February 02, 2017 11:25 AM 'John Hilgers' RE: USR16-0026 (4265 County Road 6) Hi John, Thank you for the clarification, I will attach your comments to the case file. Best, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: John Hilgers [mailto:jhilgers@broomfield.org] Sent: Thursday, February 02, 2017 11:07 AM To: Michael Hall <mhall@co.weld.co.us> Subject: Re: USR16-0026 (4265 County Road 6) Hi Michael: With respect to future right-of-way, our comment was oriented to the scenario if the subject property was redeveloped to a more intense use in the future (i.e. with large scale retail or Multi -family housing). The added traffic from the change of use would trigger Broomfield's review of the existing ROW and road design. The added traffic impacts of the more intense development would be analyzed and the development property would be responsible for additional ROW and road improvements to accommodate the more intense development. The current USR map can show the existing 60' ROW. No additional Broomfield review or permits would be required, given that the current access point will not be changed. Sincerely, John Hilgers 1 Planning Director City and County of Broomfield On Thu, Feb 2, 2017 at 10:51 AM, Michael Hall <mha11(cco.wc1d.co.us> wrote: Hi John, Thank you for taking the time to respond to my inquiry. Based off your comments, it does not appear that there is any future ROW on CR 6 at that location. Per your direction, we will require that 60' of existing ROW is shown on the USR map. The applicants are using an existing access point off of CR 6, north into the existing Althen Boyer Subdivision and no new access points are proposed. Based off your comments, it does not appear that any access permit is required. Please let me know if this information is incorrect. Kind regards, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 From: John Hilgers [mailto:jhilgers@broomfield.org] Sent: Wednesday, February 01, 2017 5:00 PM To: Michael Hall <mhall@co.weld.co.us> Cc: Tom Schomer <tschomer@broomfield.org>; Diana Kjelshus <dkjelshus@broomfield.org> Subject: USR16-0026 (4265 County Road 6) Hi Michael: Below please find comments from the City and County of Broomfield regarding the above referenced project: Land Use items: No comment Transportation items: The property owners should be aware of additional right-of-way needs if their property is subdivided in the future and proposed for additional development. It appears a 60 foot right-of-way exists for County Road #6 in this area. Future development plans and traffic projections would determine additional right-of-way and/or road upgrades that would be required by Broomfield. Any change to approved land uses or access locations will need to be reviewed by Broomfield in order to analyze any impacts to the road network. Transportation questions can be directed to Tom Schomer, Broomfield Traffic Engineer, at 303-438-6398. Thank you for the opportunity to comment. Sincerely, John Hilgers Planning Director City and County of Broomfield 303-438-6340 3 COMMUNITY DEVELOPMENT One DeiCoEnbes Drive • Broomfield, CO 80020 • 303.438.6389 • www.braomffeld.org June 8, 2016 Judy Hefner Re: County Road 6 ROW jurisdictions Dear Judy: The 60 foot wide Weld County Road 6 Right -of -Way was established by the Board of County Commissioners for Weld County, recorded on October 14, 1889, Book 86 at Page 273, Weld County, State of Colorado. The City of Broomfield annexed Weld County Road 6 from the Interstate 25 frontage road east to Weld County Road 11 under Ordinance number 1491. This annexation to the City of Bromfield became effective on November 8, 2000 and then became part of Broomfield County on November 15, 2001 when Broomfield became a county. Sincerely, Gary McGinn, GIS Production Coordinator The City and County of Broomfield Geographic Information Systems A Division of Community Development e-mail: gmcginn@broomfield.org web: http://www.broomfield.org phone: 303-438-6397 fax: 303-438-6297 One DesCombes Dr. Broomfield, CO 80020 Mail - AARV Storage - Outlook https:f.outlook.live.corn/owa/?patiFimailisearchirr Outlook Mail New / Delete Archive Junk Sweep Move to Categories S County Road 6 Right of Way - Hefner In fa Al fc In SE O IS CI Fr O D. '31 TS Tom Schomer <tschomer@broomfield.org> eri 6/70/205, 10'5C AM Yo u in box I tOf . R If it is existing and there are no modifications, you do not need and access or PPIP permit, Tf Tom 4 r3 TY °j •• Thomas Schomer, PE., PTOE o ■ City Traffic Engineer CAT y and County ci Broomfietd One DesCombes Drive Broomfield, Colorado 8002D 3::347,-63 r8 i3: hu'ni"r0„, i. a0mfiea.: re On Fri, Jun 10, 2016 at 10:13 AM, A Storage <aarvstorage@outlook,co wrote: All existing. Thanks. From: tschomerPbroomfield.org Date: Fri, 10 Jun 2016 10:02:16 -0600 Subject: Re: County Road 6 Right of Way - Hefner To: g_mcginnPbroomfield.org; aarvstorage@outlook.com Hi Judy, Is this a new access or modified off of County Road 6? If new we do need a plan indicatinc where it is dimensions, roadside ditch improvements and a Public Private Improvement p€ Thanks Tom • Thomas Schomer, P.E., PTOE ° City Ti affic Engineer iri■% �/� City ana County of Broomfield On.rR 4O"• Broomfield 1 of 81 I of 1 I/75f7f1t75•1t PM Page 1of1 Judy Hefner From: "Gary McGinn" <GMcginn@ci.broomfield.co.us> To: <hetnerjudy@msn.com> Sent: Wednesday, September 22, 2010 10:23 AM Attach: 1491 northeast bfield.tif Subject: Annexation Map Judy, Here is the Annexation map for the area that include County Road 6. Rights of Way for County Roads are 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. I should have a letter created and send to you tomorrow. Thank you. Gary McGinn, GIS Production Coordinator The City and County of Broomfield Geographic Information Systems A Division of Community Development e-mail: gmcginn@broomfield.org web: http://www.broomfield_org phone: 303-438-6397 fax: 303-438-6297 One DesCombes Dr. Broomfield, CO 80020 Please think before you print... 9/23/2010 i •u.4 r . RIGHT OF WAY CONVEYANCE ate;!WI rg,F#9 (COLORADO)Cheyenne tO Dupont west Region For and In consideration of as eggreglee wet equal to......r..- Pi ts,11..G.82atrli._..._.... _._._._ �., —.._per ,sad for each rod of pipe lire cousttact d under the terms hereof. to be paid or the time and in the Minn" haeiwaftrr see foal - hereinafter ailed grantors. do hereby convey and warrant to WYCO PIPE LINE COMPANY, a Delaware corporation ite utoeereora sod Resigns, hereineft r called greatest, the right to lay, maintain, inspect, operate, replace, change or remove a pipe fine for the traoagswa- lion of oil. Ws et the pxdacts thereof along a saute to be +erected by gmntty on. over and through the following described lands owned Lite: rid granters. c naattd in the County of Sesu Cobrodo, and described at follows: -riLtrta4_.__• ._._ Section_-1�.___Aefy{e— aber with r ba hereby t teen�d of ingress and egress to end from said land for any end all purposes necersery or incident to tie earache of She Said grantee agrees to pay the coodderation hank provided as follower The sun of Dollars f ... a receipt of which is hereby acknowledged. ( Q�__...-» upon the execution hereof, The balance due under the terms hereof to be paid direct to grantors or any one of them a by departing said sure to credit of said annum, 0: any oar of thew, in tie _Co) C�tl�i4• Ytin17Q1—...... Rank of „Convey, Colo .72$Q_ after survey been made and route of said lien has lean eseablialeed, sod before construction it commenced. ve and Grantors, vat the further cenrlderstion of One Dollar (Stun) in hand paid. receipt of which b hereby acknowledged, hereby con- vey warrant am to said lance , the right aley. maintain, operate, inspect. replace, change a remove any addieieaei pipe line or Eau y previously constrand line or lines, for line use as herelnabove alt forth, and for each additional line constructed hen• mix under, said grantee agrees to Fifty cent+ pe od on or before the tine of the w� father rite coeetrtteooy of aa3d line or flees in r a ' 1p� 10 be made of the topaidaratioe for the original pipe line tarraene. !*Io M '� the payment It is agreed that to the event said grantee fails to coremasee the surrey of the tour, of said pipe line first above mentioned er commence coealmiceon of the an within twelve (12) months from the due hereof, all riahn hereby granted shall !eau and dearming line or lion conetruned u will tot interfere with the cultivation ofelseraid twine; the u ooce f which. at aubjjeect to ttime he t ha herein COMParlin g led. is, bees buried m each depth rsggeu+ted, is reserved to grantees. woos. pasturage, agrees to pay any demean caused by�graneeeb operations hereunder to impro eoeatt now on acid land, and to !wing such adage.then the amount shelncer, and l be of grlirtart ancnaioed and deteraeined the three cdo iner�eated p nd grantee cannot FOR upon the erwmi r 01 by gnome, and the third by the two w alectod end the written award of such three �reOalllnn, selrf final as and • she by mueon, oat persam shall be final conclusive. It is agreed that the tome, conditions and proviooa hereof shall tanned to end be binding upon the heirs, executors, tdminible: m pectoral representativv�u,, tureen.., and enigma of the parties hereto. Gee grees se duertotsubsidencetofrthe$landtsoror othermloss loss eatofitheo ipenline or its operation, resulting from Grantor's coal mining inoperationsonore In said land. IN WITNESS WHEREOF, the grunion herein bare hereunto act their Lade and rah thin / day of / �/ -L �..[,� r• • • AC;19.10._ Signed and delivered in the presence oh • STATE OF COLORADO bir AC1C 4OWV1EDGI1 fT (Cokrada) The foregoing ientrusion wr annowledged before roe t hie.. Wimw ray hand and official NIL STATE OF COLORADO Corny of r 55. ACKNOWLEDGMENT (Colorado) The fansofng lactranene worn acknowledged before are ohs Notary PyhEr —^ - day of . _... . —_• 1 Wiener toy hand and official real _.-.._, My Coarefn.roa esyirea:........-�................._......._-.-....... 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The City of Broomfield annexed Weld County Road 6 from the Interstate 25 frontage road east to Weld County Road 11 under Ordinance number 1491. This annexation to the City of Bromfield became effective on November 8, 2000 and then became part of Broomfield County on November 15, 2001 when Broomfield became a county. Sincerely, tYL,93 Gary McGinn, GIS Production Coordinator The City and County of Broomfield Geographic Information Systems A Division of Community Development e-mail: gmcginn@broomfield.org web: http://www.broomfield.org phone: 303-438-6397 fax: 303-438-6297 One DesCombes Dr. Broomfield, CO 80020 COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 August 31, 2016 Michael Hall Weld County Planning Department 1555 N. 17t' Ave. Greeley, CO 80631 Location: 51/ SW% Section 23, T1N, R68W of the 6th P.M. 40.0301, -104.9768 Karen Berry State Geologist Subject: Lots 7, 8, and 9, Althen-Boyer Commercial Unit Dev 2" Filing (4265 Highway 6, Erie) USR16-0026 Site Specific Development Plan and Use by Special Review Weld County, CO; CGS Unique No. WE -17-0004 Dear Mr. Hall: Colorado Geological Survey has reviewed the above -referenced referral for a commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop, warehousing, outdoor storage, one mobile home for caretaker/security personnel living quarters, one 70 ft. telecommunication tower, and other allowed uses on Lots 7, 8, and 9 of the Althen-Boyer commercial subdivision, 2"° Filing (4265 Highway 6, Erie). We understand that these uses, except for the mobile home, are existing. With this referral, I received a request for CGS review (August 3, 2016), a copy of the land use application form (signed June 10, 2016), USR Questionnaire Responses (June 10, 2016), and a Pre -Application Meeting memo (April 28, 2016). Most of the subject site is undermined by the Washington Mine, at a depth of approximately 400 feet below the ground surface. Undermining at such depths typically corresponds to a low subsidence hazard. However, the historic Washington Mine maps (1959 and 1967) indicate that the following mine openings are present: Lot 7: Main/hoisting shaft, "Power B.H." (borehole?), well. Lot 8: Air shaft Lot 9: No mine openings shown on maps Unstabilized, unsealed mine openings present a significant risk of instability and subsidence. According to CGS and DRMS (Colorado Division of Reclamation, Mining and Safety) records, no surface openings in this area have been stabilized and/or sealed. To reduce hazards to users and improvements, CGS recommends that any mine openings on the site, especially the main/hoist shaft, possibly somewhere near the northern boundary of Lot 7, should be located, plugged/stabilized and sealed in accordance with Division of Reclamation, Mining and Safety (DRMS) standards as outlined in Best Practices in Abandoned Mine Land Reclamation: the remediation of past mining activities (httpa'mining.state.co.usr'SiteCollectionllocuittents'AMLbmp.pdf). If the property owner/applicant has different information about the status of these mine openings, CGS would very much appreciate a phone call or email so we can update our records. WE -17-00041 USR16-0026 6 4265 Hwy 6 Erie 1 I t PM. 08131/2016 Michael Hall August 31, 2016 Page 2 of 2 Thank you for the opportunity to review and comment on this project. If you have questions or require further review, please call me at 303-384-2643, or e-mail carlson@mines.edu. Jill Carlson, C.E.G. Engineering Geologist WE -17-00011 USR16-0026 6 4265 Hwy 6 Erie 1 I S PM. 08/31/2016 General Geologic Hazard Assessment Lots 6, 7 and 8 Althen Boyer Subdivision, 4265 Highway 6, Weld County, Colorado 80516 Prepared For: Judy and Troy Hefner 370 County Road 16.5 Longmont, Colorado 80504 WESTERN ElsTVIRONXENT AND ECOLOGY, INC. 2217 West Powers Avenue Littleton, Colorado 80120 303-730-3452 303-730-3461 (fax) we sternenv1ronment.corn General Geologic Hazard Assessment Lots 6, 7 and 8 Althen Boyer Subdivision, 4265 Highway 6, Weld County, Colorado 80516 Western Environment and Ecology, Inc. Project Number 736401-01 Prepared For: Judy and Troy Hefner 370 County Road 16.5 Longmont, Colorado 80504 P ' pared by/ h e n ry� resident March 2, 2017 .G. WESTERN MNIVIRONBEENT ECO; L 2217 West Powers Avenue Littleton, Colorado 80120 303-730-3452 303-730-3461 (fax) westernenv ironment.co . ,,t :., s r •, • tp ( ` r kg tiff .j •[,. • �i, i Ito• 9, r••' r " M bar t� _. •f. at, INC, General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Table of Contents 1.0 INTRODUCTION 2.0 METHODS 3.0 RESULTS 3.1 Flood Hazards 3.2 Landslides 3.3 Seismic Activity / Earthquakes 3.4 Shrinking / Swelling Potentials of Soils and B 3.5 Undermining 3.6 Site Geology 4.0 CONCLUSIONS 1 4 5 5 5 5 6 6 8 9 5.0 LITERATURE CITED 10 FIGURES FIGURE 1 SITE LOCATION MAP FIGURE 2 SITE MAP FIGURE 3 MAP SHOWING MINE WORKINGS 2 3 7 General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Page 1 1.0 INTRODUCTION This Geologic Hazards Assessment was conducted for approximately 13.88 acres in the Southwest 1/4 of Section 23, Township 1 North, Range 68 West, Weld County, Colorado (Figure 1). The subject properties are plated and partially developed commercial lots within the Alien Boyer Subdivision, in unincorporated Weld County, Colorado. Interstate Highway 25 is located 500 feet to the west, and Weld County Road 6 borders the project on the south. A horse boarding operation is located adjacent to the eastwith heavy equipment sales facilities to the west. The Stanley Ditch provides the northern property limit with agricultural land across the ditch. Lot 6 is currently vacant, Lot 7 is in use as recreational vehicle storage, with Lot 8 containing a 6,400 square foot vehicle repair building in addition to vehicle storage (Figure 2). Records maintained by the Colorado Oil and Gas Conservation (COGCC) identify a petroleum production facility located approximately 600 feet north of the project. This currently producing well, Helen # 14-23 was completed to a depth 8,596 feet on October 23, 2010. The current operator of record is Creststone Peak Resources. The property is within the Central Weld Water District and the Saint Vramn Sanitation District. Natural gas and electric power is provided by Source Gas and Union Power respectively. The site occurs at an elevation of approximately 5,165 feet above mean sea level (USGS Frederick. 7.5 Minute Quadrangle, 1994). Regional topography has a gradual slope of 0.01 feet per foot from the northeast. Little Dry Creek drainage is located approximately 1,700 feet to the north. Geology includes aeolian sands overlying the Cretaceous Age Laramie Formation. The US Resource Conservation Service (USRCS) classifies the soils as Weld loam on 1 to 3 % slopes and Ulm clay loam on 0 to 3% slopes. These soils are deep well drained and formed from aeolian deposits on claystone bedrock. Inspection of the property on March 1' 2017 indicated that fill and gravel/crushed asphalt had been placed on Lots 7 and 8 to allow for all weather access. Lot 6 appeared to be relatively undisturbed. WE TERN ENVIRONMENT AND ECOLOGY, INC. Wester n en v i r on men t and ecol ogy,in c. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 1 - Site Location Map Lots 6, 7 and 8 Althen Boyer Subdivision Section 23, Township 1 North, Range 68 West Weld County, Colorado Wester n e n v i r aliment and ecol agy , i n o. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 2 -Site Map Lots 6, 7 and 8 Althen Boyer Subdivision Section 23, Township 1 North, Range 68 West Weld County, Colorado General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Page 4 2.0 METHODS Western Environment utilized readily available published information developed by the Colorado Geological Survey, the United States Geological Survey, the United States Department of Agriculture, the Federal Emergency Management Agency, and a site inspection. Additionally, the results of a Western Environment and Ecology, Inc. (western Environment) report entitled "Preliminary Mine Subsidence Investigation, 3 91.5 76 Acres in Section 23, Township 1 North, Range 68 West, City and County of Broomfield, Colorado" dated February 13, 2007 were used in the preparation of this survey. This assessment was performed for the Cardon Group, LLC and the results submitted to the Colorado Geological Survey, making them public information. Specific hazards reviewed using readily available documents for the proposed project included- flooding, landslides, seismic activity/earthquakes, shrinking/swelling soils and bedrock, and undermining. A discussion of these hazards is presented in Section 3.0. Drilling performed by Western Environment in 2007 in Section 23 WE TERN ENVIRONXENT AND ' Lear, INC. General Geological Hazard Survey - Lots 6,7 and $ Althen Boyer Subdivision Weld County, Colorado Page 5 3.0 RESULTS 3.1 Flood Hazards Western Environment personnel reviewed maps prepared by the Federal Emergency Management Agency (FEMA) for Weld County, Colorado (attached). This review indicated that the property is not within the 100 year flood plain. 3.2 Landslides The United States Geological Survey defines landslides as "a wide range of ground movement, such as rock falls, deep failure of slopes, and shallow debris flows." A review of the USES Frederick Topographic Quadrangle (Figure 1) indicated that the site contains gentle slopes. This was verified during the site visit on March 1', 2017, It is the opinion of Western Environment that naturally occurring landslide events on the subject site are unlikely. 3.3 Seismic Activity / Earthquakes Colorado contains several Quaternary faults with numerous documented seismic events, generally located from the Front Range to the west. The largest recorded earthquake in Colorado was magnitude 6.6. This earthquake occurred north of Estes Park in 1882, and caused damage as far away as Denver. A Colorado Geological Survey (CGS) study indicated that a repeat of the 1882 earthquake could cause damages of $240 million dollars. Prior to 2000, most Colorado municipalities used the Uniform Building Code (UBC) for requirements of earthquake - resistant designs of buildings. At that time, the subject site was located within Seismic Zone 1. This rating was in place due to a relatively low seismic risk for the area. In 2000, the International Building Code (IBC) replaced the UBC , This code called for considerably less stringent mitigation controls in relation to building techniques and earthquakes within the Front Range Urban Corridor. However, most municipalities and building departments in Colorado have not adopted the IBC. Development of the site should conform to the current building codes used by Weld County. WESTERN ENVIRONMENT AND ECOLOGY, MM m General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Page 6 3.4 Shrinking /Swelling Potentials of Soils and Bedrock Western Environment utilized the Soil Survey of Southern Weld County, Colorado prepared by the United States Department of Agriculture, and well completion logs on file with the Colorado Department of Water Resources to help identify potential hazards associated with soils located on the site. Two primary soil types were identified on the subject site. A table indicating map designation number, soil name, slope occurrence and shrink/swell potential is located below. Map Designation Number Soil Name Slope Occurrence Shrink I Swell Potential 66,67 Ulm clay loam 0-3% high 78 Weld loam 1-3% moderate to high It is the opinion of Western Environment that moderate to high shrink/swell potentials exist on the site and should be further evaluated. The high clay content of the soils result in low permeability which would require engineered septic systems. Additionally, high cation exchange capacity of the clay soils could result in a risk for bare steel corrosion. 3.5 Undermining The mine which operated below the property is the Washington Mine. Records from the Colorado Division of Mines and the Colorado Geologic Survey show the Washington Mine began operation in 1940 and continued until 1967. During that time, 4,405,391 tons of coal were extracted. Entry to the mine was gained via a two compartment production shaft located 250 feet west of Lot 6 while the air shaft is located on Lot 6 (Figures 2 and 3). CGS records indicate that these shafts were abandoned and filled in June of 1967. The mine maps show very limited nmmmg occurring beneath the subject project. The thickness of the main coal seam was 8 to 12 feet. During the 1940's, a shortwall mining method utilizing a continuous miner (see attached photo) was introduced to the Boulder/Weld Coal Field. Western Environment has determined that coal extraction rates increased from 50-60% in the older (pillar retreat) mines, to 60-70% or greater in the mines operating after introduction of the continuous miner. This increase in extraction resulted in a reduction in overall roof support, which in turn produced more complete and thorough subsidence in the newer mines. Western Environment calculated, that given similar depth, mine layout, and seam thickness, "theoretical" surface strains could be 30% higher in the older mines. WE TERN ENVIRONRIENT AND ECO'r, IN o O Pip emps, et> Ir*i I UI w2 Iii,71/./1/1/01j1 l -at -se I • 1 :589:50: :• 4 IL 0:a.: Washington Mine Working shown in red 1 u .atdt S.s4r7 •13iir44, f i Shaft et J al r Scale in feet a f , + p C :I -.:u° (too' 1-1 L I 1 -�}}. ! j CANN I-�(,�'�r l� e,a'4� -r' ':i, 5 AGE IN 1H —I. ',�'.Z1 S5'r -Ct'.6 4' • 600 1 Western e n v i r aliment and ecol agy , i n c. 2217 West Powers Avenue Littleton, Colorado 80120 Figure 3 - Map Showing Mine Workings Lots 6, 7 and 8 Althen Boyer Subdivision Section 23, Township 1 North, Range 68 West Weld County, Colorado General Geological Hazard Survey - Lots 6,7 and 8 Althea Boyer Subdivision Weld County, Colorado Page S Mine excavated with continuous miner, from Denver Public Library Western History Museum 3.6 Site Geology Three distinct units were encountered during drilling on Section 23. The first unit penetrated was a sandy clay soil ranging from 0 to 20 feet in depth. The next unit that had a transitional boundary between soil, weathered rock, and fresh rock was the inter -bedded clays, silts, fine-grained sand, and coals of the Cretaceous Age Laramie Formation. Two significant coal seams, in addition to the main seam, were encountered. The Laramie Formation extended from approximately 5 to 20 feet beneath the surface to 441 feet. The "main" seam of the Washington Mine occurred at a depth ranging from approximately 395 to 430 feet in the borings advanced on the property. The Fox Hills Formation, consisting of fine grained quartzose sandstone, was encountered at 441 feet. Review of mine maps show that three faults occur beneath the property. This faulting resulted in the displacement of the main seam, producing three separate and independent levels of mining. Review of the mine maps and the results of this investigation indicate that the faults caused a displacement of the main seam of 23 feet. w TERN ENVIRONMENT AND ECOLOGY, INC. General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Page 9 4.0 CONCLUSIONS Based on the findings of this survey, it is the opinion of Western Environment that geologic hazards occurring on Lots 6, 7 and 8 of the Althen Boyer Su 1/4 of Section 23, Township 1 North, Range 68 West are: • vision the Southwest Moderate to High swell potentials of on site day soils. A qualified geo- technical engineer should evaluate these conditions for structure support, metal corrosion and septic systems prior to development of the site. Due the presence of the air shaft on Lot 6, Western Environment would recommend no permanent structures within 50 feet of the confirmed location of the shaft. WESTERN ENVIR N EWS AND 'COLECOLOWL INC., General Geological Hazard Survey - Lots 6,7 and 8 Althea Boyer Subdivision Weld County, Colorado Page 10 5.0 LITERATURE CITED Colorado Oil and Gas Conservation Commission. GIS Online Map. http://dmwebmapgdev.state.co.usimg2012appi. Federal Emergency Management Agency. Flood Insurance Rate Map, Weld County, Colorado. September 28, 1990. Matthews III, Vincent. Colorado Geological Survey Publication. The Challenges of Evaluating Earthquake Hazard in Colorado. 2003. United States Department of Agriculture, Soil Conservation Service. Soil Survey of Weld County, Colorado, Southern Part. September, 1980. Turney, J.E.; Murray -Williams, L. Colorado Geological Survey. Colorado Front Range Inactive Coal Mine Data and Subsidence Information, Weld County. 1983. Tweto, Ogden. Geologic Map of Colorado. United States Geological Survey. 1979. United States Geological Survey. Frederick, Colorado 7.5 Minute Quadrangle. 1994. w TERN ENVIRONMENT AND ECOLOGY, INC. General Geological Hazard Survey - Lots 6,7 and 8 Althen Boyer Subdivision Weld County, Colorado Page APPENDIX WESTERN ENVIR NMENT AND 'COLECOLOWL IN 7( 1- ILJPOTownofErie 11 1 1 11 10 (AREA NOT INCLUDED) MAP SCALE 'I" 2000 _ 000' -� a 1 la Ii FEET i--i I I i • ke _I 1 1 hArl- DC i - __ - A L{f 47 A t igg 1 11111 I III - t 15I114 w� Vv 111 ED PANEL 2100E fJ at 4j. ;ll►unitf ,Iacono ,• UJai�jaerporrtorcis zNEAIRM J4-7 4 FLOOD INSURANCE RATE MAP r 1 81) • irri-r 'sue COLORADO I IL- 8823 LocrimAND INCORPORATED AREAS (11St 11 _— PANEL 2100 OF 2250 ,• _ Town of!Erie A13576 i I 23 e° .. ,i 4 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) r --"(AREA NOT INCLUDED - - Community �. , . '} Q ^ 1 CONTAINS: 111-1- COMMUNITY NUMBER PANEL SUFFIX DACONO, CITY OF 080236 213C WELD COUNTY a$a a 2� C t 1 211+1 I rl r/ I• J _ ,> m -1,1 7 Cala .-. 1 i a DI Ihnutp o 0 it U 1 ria . . °I( itiTEE)I li r -- 1 a - U n i n( 1 �� Notice to User The Map Number shown below should be used when placing map orders; the Town ' Ditch-�` - n of •e . ril +�Stanie JOINS Community Number shown above should be A" AREA, NAT INLIaED)` °-: - used on insurance applications for the subject z -I community- d° .- �!° N.. . � , ° .- iA� F _ , i I ›- CD }f lijk ra MAP 08123C2100E NUMBER LONGVIEW RD' Weld County EFFECTIVE DATE .-, O i J 11- JANUARY 200 2016 _ Unineorpo aced Areas o -= ----.. _' - -- federal Emergency ManagementAgency ,i O H This is an official copy of a portion of the above referenced flood map It was extracted using F -MIT On -Line. This map does not reflect changes or amendments which may have been made subsequent to the date on the title block. For the latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www.msc.fema.gev e, HIT. 1 f.l• a aunty ; fl -. _ _ _�� Tull 11'1 --r n1-1 rated An'_ ' l _J 1 > Hello