HomeMy WebLinkAbout20160336.tiff MEMORANDUM
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r, I/ Fr --I I TO: Diana Aungst, Planning Services DATE: 11/6/15 mei L , FROM: Wayne Howard, P.E., Development Engineer
CO - N—Y
SUBJECT: USR15-0064, Stroh Calf
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:
10,000 Dairy Calf
This project is east of and adjacent to CR 57 and south of CR 52.
Parcel number 096335000011.
Roads:
County Road 57 is a gravel road and is designated on the Weld County Road Classification Plan as a
local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site
plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-
way. This road is maintained by Weld County.
Traffic:
Latest ADT on 57 was taken on 9/15 which counted 74 vpd with 18% trucks.
A traffic narrative was submitted with the application materials and indicated that there will be
approximately 23-30 passenger and 3 truck daily roundtrips.
Access:
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
20 to 50 passenger vehicle round trips/day or less than 4 truck round trips/day:
Access onto gravel roads includes 50 ft of road base or recycled asphalt.
*Recycled concrete is not allowed in County ROW
**Tracking control devices can be double cattle guards or other specialized device
"" Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A development standard will be included on the recorded site plan. "The site shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
Improvements and Road Maintenance Agreement:
No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day
or 50 round passenger vehicle trips/day. A development standard will be applied to the recorded plan
indicating any impacts to the road must be mitigated by the owner. There shall be no tracking from the
site onto publically maintained roads. The applicant is responsible for mitigation of any damage or offsite
tracking and upgrading and/or maintaining onsite tracking control.
Drainage Requirements:
Detention pond waived and a simple drainage narrative:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and include supporting documentation.
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. No stormwater detention will be required for sites that meet any of the following conditions:
A. Approved by a variance (DRAFT Weld County Code Section 23-12-150)
Site is permitted under CAFO regulations. A variance was granted for the site.
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit
applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant and Planning Department have reviewed the
referral and surrounding property owner comments. The Early Release Request may or may not be
granted depending on referral comments and surrounding property owner concerns. Contact a
Engineering representative from the Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-
692-3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. County Road 57 is a gravel road and is designated on the Weld County Road Classification Plan
as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Planning Services-Engineer)
2. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii on the
site plan. (Department of Planning Services-Engineer)
3. Show and label all easements with the recorded document reception number and date on the site
plan. (Planning)
4. Show and label the approved tracking control on the site plan.
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services-Engineer)
Prior to Operation:
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services-
Engineer)
2. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services-Engineer)
MEMORANDUM
TEL J4.64\
TO: DIANNA AUNGST, PLANNING SERVICES
CG
N-
T T, l FROM: BEN FRISSELL, ENVIRONMENTAL HEALTH
� SUBJECT:USR15-0064, ISLAND FARMS
DATE:NOVEMBER 3, 2015
Environmental Health Services has reviewed this proposed Site Specific Development
Plan and Use by Special Review Permit USR15-0064 (10,000 dairy calf operation) in
the A (agricultural) Zone District.
The applicant has submitted documentation that water for domestic and irrigation use
will be provided by the Central Weld County Water District.
The applicant submitted documentation of existing septic systems onsite for the
employee housing and the existing milk parlor.
Environmental Health recommends that the following requirement be met prior to
allowing the plat to be recorded:
We recommend that the following requirements be incorporated into the permit as
development standards:
1. The facility shall maintain compliance with the Confined Animal Feeding
Operation (CAFO) Control Regulations (5 CCR 1002-81), Colorado Discharge
Permit System Regulations (5 CCR 1002-61) and Section 23-4-710 of the Weld
County Code.
2. This facility shall adhere to the maximum permissible noise levels allowed in
the Non-Specified Zone as delineated in Section 14-9-30 of the Weld County
Code.
3. The facility shall not discharge runoff or other wastes waters to surface or
groundwater with exception to what is allowed by the CAFO Control
Regulations.
4. Any required NPDES Permit shall be maintained in compliance with the Water
Quality Control Division of the Colorado Department of Public Health and
Environment.
5. The applicant shall remove, handle, and stockpile manure from the livestock
area in a manner that will prevent nuisance conditions. The manure piles shall
not be allowed to exist or deteriorate to a condition that facilitates excessive
odors, flies, insect pests, or pollutant runoff. The surface beneath the manure
storage areas shall be of materials which are protective of State waters. These
areas shall be constructed to minimize seepage or percolation of manure
contaminated water. In no event shall the facility impact or degrade waters of
the State in violation of Regulation 81.
6. The facility shall be operated in accordance with the odor control measures
described in the approved Management Plan for Nuisance Control. Odors
detected off the site shall not equal or exceed the level of fifteen-to-one dilution
threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution
Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event
odor levels detected off-site meets or exceed the level of fifteen-to-one dilution
threshold or in the judgment of the Weld County Health Officer, there exists an
odor condition requiring abatement.
7. That facility shall be operated in a manner to control flies. The facility shall be
operated, at all times, in accordance with the measures described in the
approved Management Plan for Nuisance Control. Additional fly control
measures shall be implemented at the request of the Weld County Department
of Public Health and Environment in the event that flies, which can be
determined to be associated with the facility, are in such a number to be
considered a nuisance condition.
8. Fugitive dust shall be controlled on this site. At all times, the facility shall be
operated in accordance with the control measures described in the approved
Management Plan for Nuisance Control.
9. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-
20-100.5, C.R.S. The facility shall contract with (a) commercial waste hauler(s)
to dispose of non-agricultural wastes and dead animals.
10.Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
11.The facility shall comply with the composting section (Section 14) of the
Regulation Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part
1, if applicable.
2
12.All pesticides, fertilizer, and other potentially hazardous chemicals must be
handled in a safe manner, in accordance with product labeling, and in a manner
that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an
impervious surface, and in accordance with manufacturer's recommendations.
13.Sewage disposal for the facility shall be by septic system. The septic system
shall be reviewed by a Colorado registered professional engineer if the usage
surpasses septic permit SP-9700399 sizing limitations. The review shall
consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
14.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
15.The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
3
Submit by Email
Weld County Referral
tsr,.4
- ccuN -Y. -
October 09, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lester Stroh Rev Living Trust, do Island Case Number: USR15-0064
Farms, LLC
Please Reply By: November 6, 2015 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for agricultural service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural services
on a fee or contract basis, including a livestock confinement operation (10,000 head calf ranch) in the A
(Agricultural)Zone District.
Location: South of and adjacent to CR 52 and east of and adjacent to CR 57
Parcel Number: 096335000011-R4175986 Legal: W2NW4 SECTION 35, T5N, R64W 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.
El We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
HWe have reviewed the request and find no conflicts with our interests.
See attached letter. Information as outlined below
Signature Gary Lagrimanta, P&Z Chairman Date 11/3/2015
Agency Town of Kersey
Kersey Planning Commission reviewed this application and voted to forward to Weld County
with a recommendation for approval subject to the following:
- Require traffic leaving and entering the site to travel south on CR 57 to limit impacts to Town of
Kersey Streets and roads
- Ask the applicant to keep the Town of Kersey informed as to who is managing the property to
maintain an open dialogue between the Town and the site manager
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.60631 (970)353-6100 ext.3540 (970)304-6498 fax
4 Diik
NR D I
COLORADO
CO Resources
Dec< mmc t.„ r.z .
1313 Sherman Street, Room 821
Denver, CO 80203
October 15, 2015
Diana Aungst
Weld County Planning Services
Transmission via email: daungst@co.weld.co.us
Re: Lester Stroh Revocable Living Trust
Case No. USR15-0064
W1/2 NW1/4 of Section 35, T5N, R64W
Water Division 1, Water District 1
Dear Ms. Aungst:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11,
2011 memorandums to county planning directors, this office will only perform a cursory
review of the referral information and provide informal comments. The comments do not
address the adequacy of the water supply plan for this project or the ability of the water
supply plan to satisfy any County regulations or requirements. In addition, the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or physical availability of water.
The applicant is requesting a Site Specific Development Plan and Use by Special Review
Permit for agricultural service establishments primarily engaged in performing agricultural
animal husbandry or horticultural services on a fee or contract basis, including a livestock
confinement operation (10,000 head calf ranch) in the A (Agricultural) Zone District.
According to the referral material the proposed development will use 30,000 gallons per day
(33.6 acre-feet per year) for stock watering use. The proposed water supply for the
development will be from the Central Weld County Water District ("District"). A letter from
the District was included in the referral material. The District letter indicates that there are
two accounts associated with this property. The letter also indicates that the District has the
capacity to supply the request for increased water allotment with the existing water taps if
storage tanks are installed on the property to minimize peak flow demand. Our office has no
comments regarding the District's ability to serve the proposed business.
In addition, according to our records there are two wells located on the property. The wells
were identified as having permit nos. 12067-R and 17943. Both wells were decreed by the
Division 1 Water Court as Stroh Well No. 1 (permit no. 12067-R) and Stroh Well No. 2 (permit
no. 17943) in case no. W-3334, for 0.667 cubic feet per second (300 GPM) and 0.022 feet per
second (10 GPM) respectively. Well No. 12067-R was decreed for irrigation of 80 acres in the
W1/2 of the NW1/4 of Section 35, Township 5 North, Range 64 West of the 6th P.M. and well
no. 17943 was decreed for stock watering. The Applicant did not indicate if either of the two
wells will be used for the commercial business on the property. Note that well permit no.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us
• o,7
Case No. USR14-0064 Page 2 of 2
October 15, 2015
12067-R cannot be used for the commercial business on the property, since this well is only
permitted for irrigation use and the well needs to be operated in accordance with a court
approved plan for augmentation. Out records do not show that the well is currently included
in any augmentation plan.
Well permit no. 17943 is permitted and decreed for stock watering use. Well permit no.
17943 cannot be used for the commercial business on the property since the use of the well is
limited to watering not more than 500 head in a feedlot with an annual withdrawal not to
exceed 5 acre-feet (see attached policy 93-2). If the well is used for any purposes beyond
those allowed under Section 37-92-602 and policy 93-2, a court approved augmenation plan
and non-exempt well permit would be required.
Should you have any questions, please contact loana Comaniciu of this office.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
cc: File for 12067-R and 17943
STATE OF COLORADO
JEFICE OF THE STATE ENGINEER oc cow
Division of Water Resources tc °6
Department of Natural Resources o
•
1313 Sherman Street,Room 818 •revs•
• Denver,Colorado 80203
Phone(303)866-3581 Roy Romer
FAX(303)866-3589 Governor
Ken Salazar
Executive Director
Hal D.Simpson
February 3, 1994 State Engineer
POLICY MEMORANDUM 93-2
SUBJECT: Feedlot and Dairy Operation Wells
The following standards are adopted as policy to provide for the consistent evaluation of
requests to record existing wells and permit the replacement of wells used for feedlot and dairy
operations. Only wells outside designated ground water basins are affected.
This policy becomes effective immediately and shall be modified or revoked only in writing.
1 . Feedlot operations of 500 head or less with maximum annual water demand of less than
5 acre-feet established prior to May 8,1972, and where title of all the livestock is held by
the well owner or the tenant farmer/rancher, and where the primary source of food for
such animals is provided by the well owner's farming operations, shall be considered as
watering of livestock on a farm or ranch use under the provisions of section 37-92-602
(1) (b) & (e) provided that the water from the well was in use for feedlot livestock watering
prior to May 8, 1972, and meets the other limitations of said sections.
2. Dairy operations of 200 head of cows or less with a maximum annual water demand of
less than 5 acre-feet established prior to May 8, 1972, and where title to all animals is
held by the well owner, shall be considered as watering of livestock on a farm or ranch
use under the provisions of section 37-92-602 (1) (b) & (e) provided that the water from
the well was in use for dairy livestock watering prior to May 8, 1972, and meets the other
limitations of said sections.
so
Policy 93-2 Page 2 •
February 3, 1994
3. In either of the above cases, if necessary for administration by the Division Engineer, a
totalizing flow meter shall be installed on the well and maintained in good working order
by the well owner. Records of all diversions shall be maintained by the well owner
(recorded at least annually) and reported to the Division Engineer upon request.
4. Variances to this policy may be granted by the State Engineer upon written request and
justification by the applicant.
, . ,
Hal D. Simpson
State Engineer
HDS/SPL/sl
S
Policy 93-2 Page 3
February 3, 1994
CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 93-2
PROBLEM
There has been a suggestion from the agricultural community that certain livestock watering wells used
in feedlot and dairy operations should be considered exempt wells. The State Engineer has generally
considered the use of such wells as not being the watering of livestock on farms and ranches use
exempted under the provisions of Sections 37-92-602 (1) (b) & (e).
The fact that such feedlot and dairy wells are not considered to be exempt under the above referenced
statutes has caused some delays in obtaining permits to replace such wells when such wells do not hold
permits or decrees indicating use for livestock watering. In addition, even if such wells were registered
or decreed, they are considered subject to curtailment in the priority system and therefore cannot
operate at all in some areas where rules require augmentation of depletions from wells.
DISCUSSION
The staff of the Division of Water Resources believes that the policy (unwritten) of considering feedlot
and dairy operations as not being exempt uses originated with the changes in the statutes that created
'he current exemptions on May 22, 1971 and required evaluation for injury of applications for permits
after May 8, 1972. It is believed that the state engineer made this decision after attending and testifying
in hearings concerning the adoption of such provisions of the statutes. Research indicates that the
hearing sessions in 1971 and 1972 were not taped, so verification of intent is not possible.
The use of a well in a feedlot or dairy operation can result in the diversion and consumptive use of
significant quantities of water. In many cases there are thousands of head of cattle in feedlot
confinements as where pasture and range livestock populations per well are usually quite small.
It is estimated that the average well used in rural areas for domestic residential purposes and the
watering of some livestock on adjoining pasture or range diverts about 3 to 4 acre-feet per year. In
comparison, 10 to 11 acre-feet would be required for watering 1000 head of livestock in a feedlot
confinement and some feed lot confinements may have in excess of 10,000 head of cattle. A well, if
exempted under 37-92-602 (1) (e) may have a capacity of 50 gallons per minute. If pumped 100% of
the time, it could produce 80 acre-feet annually. Considering that livestock watering may be 100%
consumptive, one 8,000 head feed lot might consume that 80 acre-feet which would not then be
available for senior water rights in the stream system.
Adoption of a policy to clarify which feedlot and dairy wells fall within the exemptions will necessitate that
the division engineer be able to administer such wells in accordance with the terms of the well permits.
Although this administration may be in the form of determining the actual use of the water, there will be
instances where the only way to determine compliance is with records of actual diversion from the well.
Therefore, the division engineer may need to order the installation of a totalizing flow meter in order to
properly administer the well. The division engineer may want to issue a separate order or have the
installation of meter a term and condition of the issuance of the well permit.
Policy 93-2 Page 4
February 3, 1994
SOLUTION
In order to minimize individual interpretations and to facilitate evaluation of applications, three options
seem to be available.
1. Establish a policy that all feedlot and dairy wells are non-exempt wells subject to
administration in the priority system.
2. Establish a policy that all feedlot and dairy wells with pumping rate limited to those
specified in Sections 37-92-602 (1) (b) & (e), be exempt under said statute without other
limitations.
3. Adopt standards for determining limitations on wells that would be considered to fall
within the definition of watering of livestock on farms and ranches.
RECOMMENDATION
The third option appears to be the most reasonable since it can provide limits to the amounts of ground
water that can be diverted out of priority for feedlot and dairy operations.
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