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Home My WebLink About20143749.tiff Utz t: LAND USE APPLICATION SUMMARY SHEET r Planner: C. Gathman Hearing Date: December 2, 2014 Case Number: USR14-0065 Applicant: Wagistics, LLC 0/O Select Energy Services Address: 5629 West 24th Street, Greeley, CO 80634-4532 Representative: John Tufte— Lamp Rynearson & Associates Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facilities including an Oil and Gas Support and Service Facility (Water Depot) in the A (Agricultural)Zone District. Legal Lot A of Recorded Exemption RECX14-0049; Being part of E2SW4 of Section 6, T6N, Description: R64W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 60.5 and 1/4 mile east of County Road 49. Size of Parcel: +/- 30.775 acres Parcel No. 096306300021 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Department of Planning Services-Engineer, referral dated October 28, 2014 ➢ Weld County Department of Public Health and Environment, referral dated October 29, 2014 • Department of Planning Services— Floodplain, referral dated October 23, 2014 • Colorado Division of Water Resources, referral dated October 23, 2014 • Colorado Department of Transportation, referral dated October 30, 2014 ➢ Greeley-Weld County Airport, referral dated October 1, 2014 • City of Greeley, referral dated October 28, 2014 • West Greeley Soil Conservation District, referral dated November 25, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County Zoning Compliance, referral dated October 1, 2014 ➢ Department of Public Works—Access, referral dated October 23, 2014 Town of Kersey, referral dated October 2, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Sheriff's Office ➢ Colorado Parks and Wildlife ➢ Western Hills Fire Protection District ➢ Weld County Department of Building Inspection USR14-0065, Select Energy Services, Page 1 of 8 s8 . SPECIAL REVIEW PERMIT r. 1= ADMINISTRATIVE REVIEW vl- Planner: C. Gathman Hearing Date: December 2, 2014 Case Number: USR14-0065 Applicant: Select Energy Services Address: 5629 West 24`" Street, Greeley, CO 80634-4532 Representative: John Tufte— Lamp Rynearson & Associates Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facilities including an Oil and Gas Support and Service Facility (Water Depot) in the A(Agricultural)Zone District. Legal Lot A of Recorded Exemption RECX14-0049; Being part of E2SW4 of Section 6, T6N, Description: R64W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 60.5 and 1/4 mile east of County Road 49. Size of Parcel: +/- 30.775 acres Parcel No. 096306300019 Case Summary: The proposed facility is a water depot. The property contains a 360,000 barrel capacity reservoir filled with non-potable water to be used for oil and gas field support operations. Three (3) truck filling bays are proposed to be constructed along with a skid mounted pump house. The application indicates an average of 5 trips per 8-hour day would access the site with an estimated maximum of 50 trips for a period of 15 days and distributed in a way that during 8 hours the peak hour may have 6 or 7 trips. During a peak 24-hour period the estimated traffic may be 150 vehicles per day. Water haulers will be able to access the proposed facility 24 hours a day, 365 days a year. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." Noise limits and a lighting standard (if lighting is proposed) requiring that all lighting be downcast and not shine onto adjacent properties and roads rights-of-way are required. USR14-0065, Select Energy Services, Page 2 of 8 Section 22-2-80 C. (.Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." An Improvements and Road Maintenance Agreement is required as a condition of approval to address impacts to county roads as a result of this facility. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A of the Weld County Code allows Mineral Resource Development Facilities including an Oil and Gas Support and Service facility (water depots) as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located across County Road 60.5 from an existing feedlot (SUP-170-feedlot for up to 24,000 cattle). The proposed load out facility will be located approximately 350 feet to the east of an existing residence. Another residence is located approximately 700 feet to the east. The Cache la Poudre River is located to the south of the site. A noise standard and lighting standard (if lighting is proposed) are attached to address impacts to surrounding properties and an Improvements and Road Maintenance Agreement is required to address impacts from traffic on adjacent county roads. No phone calls or correspondence has been received from surrounding property owners in regards to this case. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Kersey and the City of Greeley. The Town of Kersey in their referral comments, dated October 2, 2014 indicated that they have no concerns. The City of Greeley, in their referral response dated October 28, 2014, indicated that truck traffic associated with the proposed facility would exacerbate congestion on State Highway 263. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and Capital Expansion Impact Fee area as well as within the Greeley-Weld County Airport Overlay District. The Greeley-Weld County requests that any structures above 50-feet in height be reviewed. No structures are proposed to be 50-feet in height per this request. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 31 acres delineated as "Other" with a small portion of the site delineated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. USR14-0065, Select Energy Services, Page 3 of 8 G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit a Floodplain Development Permit (FHDP) for all development activities located within the special flood hazard area. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services- Floodplain) B. An Improvements Agreement and road maintenance agreement is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be included. (Department of Public Works) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR14-0065. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. Proposed Onsite Lighting (if applicable). (Department of Planning Services) 6. Proposed Signage. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. CR 60.5 (old SH 263) is a paved collector road and requires an 80-foot right-of-way at full build out. This road is maintained by Weld County. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. Pursuant to the definition of setback in the Weld County zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate an additional 10-foot of right-of-way parallel to the existing right-of-way for future build-out should right-of-way documents indicate that only 60-feet of right-of-way exists. (Department of Planning Services - Engineer) USR14-0065, Select Energy Services, Page 4 of 8 8. Show the approved access on the map and label with the approved access permit number (AP14-00217). (Department of Planning Services- Engineer) 9. The applicant shall label the approved water quality feature on the plat as "Water Quality Feature, No Build/Storage Area", and label the required volume. (Department of Planning Services- Engineer) 10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copies or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. Right of way permit is required for any work within the public right of way. (Department of Planning Services- Engineer) B. Special transport permit is required for any over size or over weight vehicles. (Department of Planning Services- Engineer) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR14-0065, Select Energy Services, Page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Select Energy Services USR14-0065 1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0065, for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Water Depot) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 24 hours a day, 365 days a year, as stated by the applicant(s). (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. (Department of Public Health and Environment) 5. 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. (Department of Public Health and Environment) 6. 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 the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day 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 (Department of Public Health and Environment) 10. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above-ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or through the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Water Resources. (Department of Planning Services) USR14-0065, Select Energy Services, Page 6 of 8 12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 14. 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) 15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services- Engineer) 17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services- Engineer) 18. All construction or improvements occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0635C and 645C dated September 28, 1982, shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. (Department of Planning Services- Floodplain) 19. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 20. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 21. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR14-0065, Select Energy Services, Page 7 of 8 23. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0065, Select Energy Services, Page 8 of 8 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3537 C v i FAX: (970)304-6498 r November 13, 2014 TUFTE JOHN 4715 INNOVATION DR STE 100 FT COLLINS, CO 80525 Subject: USR14-0065 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (water depot) in the A(Agricultural)Zone District. On parcel(s)of land described as: PT E2SW4 SECTION 6, T5N, R64W LOT B REC EXEMPT RE-4597 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 2, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 24, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed m the ay thiorioef Ranslem isdoc Fuson:lamtheauthorofthisdocument Date:2014.11.13 09:27:37-0700' Chris Gathman Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970)353-6100, Ext. 3537 N ' FAX: (970)304-6498 October 01, 2014 TUFTE JOHN 4715 INNOVATION DR STE 100 FT COLLINS, CO 80525 Subject: USR14-0065 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (water depot) in the A(Agricultural)Zone District. On parcel(s)of land described as: LOT A RECX14-0049; PART E2SW4 SECTION 6, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Greeley at Phone Number 970-350-9741 Kersey at Phone Number 970-353-1681 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem F2ason:I am the author of this document Date:2014.10.01 08:56:06-06'00' Chris Gathman Planner FIELD CHECK inspection dates: 11/21/2014 APPLICANT: Select Energy Services CASE #: USR14-0065 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility(Water Depot)in the A (Agricultural)Zone District. LEGAL: Lot A of Recorded Exemption RECX14-0049; Being pad of E2SW4 of Section 6, T6N, R64W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 60.5 and 1/4 mile east of County Road 49. PARCEL ID #s: 096306300021 +/- 30.775 acres Zoning Land Use N A N Cattle Feedlot E A E Ag Land/SF Residence S A S Cache La Poudre River W A W SF Residences & outbuilding COMMENTS: Site is located on lot with existing pond to the south of the proposed water depot site. Access and cattle guards are in place. Chris Gathman - Planner Ill From: Todd Bean To: Chris Gathman; John Tufte; LINDSAY;Todd Bean Subject: Fwd: Well Permit No. 13380-R-R Date: Monday, December 01,2014 10:47:56 AM Attachments: LTR from Lostroh to UWSD Well 13380-R-R.doc Below addresses the ownership of the well on the USR property. Wagistics does not own or have any legal authority pertaining to the well. The 2 parties involved are re-permitting with the state. Thanks, Todd Bean 970-590-5551 70bean@gmail.com Forwarded message From: Laurie Friedman <LaurieFriedman@unitedwaterdistrict.com> Date: Tue, Jul 15, 2014 at 5:12 PM Subject: Well Permit No. 13380-R-R To: Kody Lostroh <kodylostroh@yahoo.com> Cc: "Todd Bean (70bean@gmail.com)" <70bean@gmail.com>, Tod Smith <tod@tjs- law.com>, Drew Damiano <drew@unitedwaterdistrict.com>, "tracy.kosloff@state.co.us" <tracy.kosloff@state.co.us>, Ron Von Lembke <rvl@70ranch.com> Hi Kody, it has recently come to our attention that you had Well Permit No. 13380- R-R cancelled. This Well is and has been owned by United Water & Sanitation District ("United"); however, it is located on the property you purchased from Todd Bean described as Lot B of Recorded Exemption No. 0963-06-3-RE-4597, recorded May 14, 2007 at Reception No. 3475663, being a part of the Eastt/2 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado (the "Property"). The following is a history of ownership for your reference: December 20, 2006: KCB, LLC conveyed the water rights historically used on the "Silva Farm" consisting of approximately 68.8 acres +/- to United. By Special Warranty Deed United acquired 5 shares of Ogilvy Irrigating Land Company and Well Permit No. 13380-R-R. United received an Assignment and Bill of Sale for Well Permit No. 13380-R-R from KCB, LLC. KCB, LLC granted United a Well Easement giving United ingress and egress to/from the Well. This all resulted in United Water & Sanitation District changing the name of ownership of the Well to United. June 20, 2007: KCB, LLC conveyed to Kody Lostroh and Candace M. Lostroh the Property by Special Warranty Deed. This Deed did not include Well Permit No. 13380-R- R, although the well is situated on the Property. March 30, 2009: You filed an Affidavit to Permanently Abandon Water Right with the Division Engineer; Along with the Affidavit you filed an Existing Well Information and Inspection Report; and You also filed a Residential Water Well Permit Application, which by the way the domestic well was excluded in the Deed to United. April 27, 2009: State Engineer's Office grants Well Permit No. 280476 for exempt use of watering of livestock State Engineer Order cancelling Well Permit No. 13380-R-R. Kody, apparently there was some misunderstanding wherein you believed you had title to Well No. 13380-R-R when you acquired title to the Property; however, that is not the case. Until United determines the Well is necessary in its water model Tracy Kosloff , Department of Natural Resources, has suggested we obtain a letter from you, as the landowner, granting us permission to apply for the permit since the well owner is not the same as the land owner. Accordingly, I have prepared a letter and request that you date and sign the letter and return it to me by email and by mailing the original to me in case we need the original for some reason. If you have any questions concerning the foregoing or the letter, please do not hesitate to contact me or Todd Bean. We are both available to walk you through this if need be. Thanks in advance for your cooperation. Laurie LAURIE FRIEDMAN Director of Asset Management United Water & Sanitation District 8301 East Prentice Avenue, #120 Greenwood Village, CO 80111 Phone: 303-785-5714 Fax: 303-773-1176 Email: lauriefriedman@unitedwaterdistrict.com From: Todd Bean To: Chris Gathman; Michael Ryan Cc: John Tufte Subject: Re: Updated USR14-0065 staff comments Date: Monday, December 01,2014 11:00:16 AM Gentlemen, as to the letter from the Colorado division of Water Resources pertaining to river water used for the pond. Select Energy Services has a WDID# filed with the Colorado Division of Water Resources in the Greeley office. There is constant communication between Select Energy Services (Michael Ryan) and the State river commissioner as to using legal water to fill the pond through State approved meters and legal water documents. John Tuftee or Michael Ryan will have a copy of the WDID# with the state. Thanks, Todd Bean 970-590-5551 70bean@gmail.com On Mon, Dec 1, 2014 at 9:54 AM, Chris Gathman <cgathman@co.weld.co.us> wrote: I have updated the staff comments. I have removed the City of Greeley and Airport Authority conditions of approval under item 1 on page 4. I am trying to get some clarification from the Division of Water Resources re: their attached referral. Who did you speak to/work with from the state regarding using river water to fill up the pond? Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1/4 1861. i -Cu y, r 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: Todd Bean To: Chris Gathman; LINDSAY; John Tufte Subject: Fwd: FW: Noon Call change: Conduit 26 Call Removed Date: Tuesday,December 02,2014 6:45:22 AM Chris, for your file below is the WDID# from the state river commissioner. Thanks, Todd Bean 970-590-5551 70bean@gmail.com Forwarded message From: Mike Ryan <MRyan@selectenergyservices.com> Date: Mon, Dec 1, 2014 at 4:02 PM Subject: FW: Noon Call change: Conduit 26 Call Removed To: Todd Bean <70bean@gmail.com> Here you go! From: Schantz - DNR, Brent [mailto:brent.schantz©state.co.us] Sent: Monday, December 01, 2014 4:01 PM To: Mike Ryan Subject: Re: Noon Call change: Conduit 26 Call Removed 0100839 - Todd Bean/Select Energy Pump. Brent Schantz River Operations & Compact Coordinator Water Division One P 970.352.8712 x 1217 I F 970.392.1816 I C 970.381.8159 810 9th St., Suite 200, Greeley, CO 80631 brent.schantz®state.co.us I www.water.state.co.us On Mon, Dec 1, 2014 at 3:39 PM, Mike Ryan <MRyan@selectenergyservices.com> wrote: Yes sir! From: Schantz - DNR, Brent [mailto:brent.schantz©state.co.us] Sent: Monday, December 01, 2014 3:36 PM To: Mike Ryan Subject: Re: Noon Call change: Conduit 26 Call Removed Is the River Farm Todd Bean? Brent Schantz River Operations & Compact Coordinator Water Division One P 970.352.8712 x 1217 I F 970.392.1816 I C 970.381.8159 810 9th St., Suite 200, Greeley, CO 80631 brent.schantz@state.co.us I www.water.state.co.us On Mon, Dec 1, 2014 at 12:38 PM, Mike Ryan <MRyan@selectenergyservices.com> wrote: Brent, Thank you, I was curious, can you tell me the WDID for the River Farm location? Thank you, Michael Ryan Project Manager, Fluidity /t,�SELECT 155"1 5 Sunset Street I Ste-A I ongmont, CO 80501 Cell:770-147-1161 I Fax: 308.551.5719 mryar selnetc nc rgyscrvi ens.mrn wwwsc eclancr gyservims.corn From: Schantz - DNR, Brent [mailto:brent.schantz@state.co.us] Sent: Monday, December 01, 2014 12:18 PM To: admin(alidahospringsco.com; banksh a1prpa.ora; bmolenaar@fcgov.com; cgreiman@watervalley.com; cloughcattleco@msn.com; cmreed74@msn.com; cmurdock@brightonco.gov; Steve Cockroft; cwooldridge@watervalley.com; dbbeef@yahoo.com; dcfox@Igeverist.com; detre@coloradosweetgold.com; dwehde@playdeercreek.com; fbtaylor@northstarinvest.com; hravetz@coloradosweetgold.com; jerrycathy6@icloud.com; jonz@farmersres.com; jsheldon@greenwoodvillage.com; kandclark@skybeam.com; Kelsey@quantumwaterco.com; kevin@sweeneyland.com; John Larson; matt@dinatalewater.com; mattfrncs@yahoo.com; nate.mccoy@molsoncoors.com; Tami Sullivan; Rob@farmersres.com; Scott Cockroft; tomjpalm@yahoo.com; uticarlos@aol.com; wstambauoh a cityofaolden.net; Abbasi, Kalsoum; Aguilar, Caren; Alan Curtis; Allen, Jeremy B.; Ana Ruiz; Anderson, Christine; Angela Aldred; Arnett, Tony; Arnold Good; Beddo, Dearal; Bennett, Dave; Bertrand, Josh; Bijou Irrigation and Reservoir; Bill; bill landwehr; Bill Schneider; Billerbeck, Brian; Bishop Brogden; Bishop, Jenny; Blew, Gregg; Boand, Steve; Bob M. Stahl; Boles, Jeff; Borgers, Sarah; Bosley, Dave; Bothell, Dave; Boyd Sheets; Brad Wind; Brady, Cynthia; Bray, Travis; BRIAN CLONTS; Brian Macpherson; Brienza, Eugene; Briggs, K; Brown, Garver; Bruce, M; Brueggeman, Dave; Buckley, Tim; Carla Hoist; Carlson, Robert; Casey DeHaan; Chambers, Mitch; Charlie Bartlett; Chris Zadel; Chuck Darchuck; Chuck Haines; Chuck Leaf; Clay Good; Colin Watson - DNR; Columbine Country Club; Corey Deangelis; Corky Cantrell; Cory Peterson; Craig Brownell - DNR; craig lockwood; Cristy Radabaugh; Curtis, Dave; Cynthia Vassios; D. Reimer; Daigle, Justin; Daigle, Justin; Daldos, Jim; Damiano, Drew; Danielle Perrot; DARREN SALVADOR; Darrin Manuello; Dave Chapman; David Jessup; DAWN HESSHEIMER; Dawn Jewell; Dean Santistevan; Dennis Miller; Denver Water; Dewey, Greg; Dick Vonbernuth; Dick, Swithin; DiNatale, Kelly; dlc; Don Chapman; Don Snider; Donna Coble; dslack; Ed Armbruster; Elder, Nathan; Elena Acker; Engine, Brad; Erbacher, Dan; Eric Christensen; Erosky, Robert; Evan Snyder; Evans, Harold; Fancher, Brad; Faux, John; Feinberg, Seth; Fetters, Bob; Fetters, John; Fishinger, K; Fitzpatrick, Brian; Flink, Louis; Forrest Leaf; FRICO General Manager; Garry Johnson; Gary Henrickson; Gary Ledford; Geeslin, Wendell; George Roark - DNR; George, Rick; Georgetown, Town of; Giles, Dwight; Gill, Lori; GINA BURKE; Graham, Todd; Gray Samenfink; Green, Joana; Greer, Doug; Gryniewski, Amy; Guerrieri, Rod; Haarberg, Kim; Haines, Rick; Hamburg, Stephanie; Hanson, Dennis; Harvey Greenwood; Hatami, Bahman; Hayes Lenhart; Hayes, Dave; Heather Justus; Hein, Michael; Henrylyn Manager; Herman, Gary; Hessong, Jeanne; Hickman, Arista; Hunt, David; James Snow; James Swank - DNR; Jankowski, Dave; Janssen, Steve; JAROD BAYLIE; Jason Brothers; Jason Stutzman; Jason VonLembke; Jeff Cook; Jeffrey Wright; JEN PETRZELKA; Jensen Farms; Jensen, Mary; Jerry Gibbens; JILL WUERTZ; Jim Quint; Joe Albrighton; Joe Frank; Joe Gonzales; Johannsen, Kirk; john Fingerlin; John Hirsch; John Klippert; John Klippert; John Matteson; John Rusch; JOHN THORNHILL; Johnson, Larry; Johnson, Larry; Johnson, Richard; Jon Altenhofen; Jones, Chris; JOSH REDMAN; Josh Suter; jpm; k crawford; Kammerzell, Vern; Kathy Seiple - DNR; KATIE LEONE; KELLY CLOSE; Ken Fritzler; KEN HUSON; Ken Ulrich; Kenny Bohl; KEVIN BODEN; Kevin Ochsner; Kitzman, Susie; Koolstra, Eric; Kowalski, Ted; Kris; Kroeker, Bruce; Krugmire, Bob; Kyle thompson; Lane, Philip; Lanyon, Ed; Larsen, Barbara; Larsen-Funk, Miranda; Laurel Stadjuhar; Lauren C Nance; Lembke, Bob; Lembke, Ron Von; Lesoing, Lief; Lochhead, John; Logan Burba; Lowell, Jim; Luce, Stephanie; MacKenzie Pacifico; Marjorie Sant; Martinez, Karen; Mary Presecan; Matt Benak; McCluskey, Mark; McCutchen, Roy; Medina, Diana; Merinda Washington; Merrill, Matthew; Michael Wild; Mike Davis; Mike Eytel; Mike Groves; Mike Ryan; Moon-Carlson, Tamara; Morgan County Quality Water; Murphy, John; Neal Santangelo; NELSON TIPTON; Nettles, David; Nims, Josh; Northern Water Dispatch_Roger; Orr, John; Palumbo, Mark; Parry Accomasso; PAT BOYER; Paul Makowski; Paulk, Morgan; Peters, Bob; Peterson, Steve; Phil Mortensen; PHILIP RICHARDS; Phillips, Bruce W; Pineda, Andy; pwsuper; Queen, Mike; Rabas, Jeff; Randy Ray; randy rhodes; rich Carpenter; Richard L. Belt; Richardson, Dale; Rick Hoffman; Rick Parsons; ROD ASMUSSEN; Romrell, Larry; Romrell, Mark; Ron Quint; Roth, Janet; Roy McBride - DNR; Rusch, Matt; Russ Nelson; Ruthanne Schaffer; Sahrle, Tom; SARAH SMITH; Schantz, Brent; Schmergel, Paul; Schmidt, Bill; Schorege, Diana; Schutter, Tara; Scott Monroe; Sean T. Cronin; Sees, Cathy; Sellers, Suzanne; Seth Mathey; Shane Williams; Shanna Coleman - DNR; Sharon Williams; Shaw, Brad; Shawcross, Luke; Shera Sumerford; Sheri Scott; Simpson, Ed; Simpson, Mark; SjoholmdeHaas, Sonja; Skot Latona; Smart, Carson; Smith, Jason S.; Soley Belt; Spann, Steve; Stanley, Shelley; Steger, Bob; STEPHANIE FANCHER; Steve Howell; Steve Smith; Steven M. Maly, P.E.; Stockton, Matt; Stow Witwer; SUSAN SMOLNIK; Suzanne Moore; SVLHWCD Office; Taussig, Dave; Taylor, B; Terry Plummer; Thomasson, John; Tom Dea; Tom Hayden; Tom Mealey; Tommy Raye; Tovar, Luis; Trask, Kathy; Trivisonno, Mark; Vaught, Ken; VERYL ESCHEN; Vickerman, Larry; Waage, Marc; Walker, Justin; Waters, Heather; Wayland Anderson; Wehde, Dan; Welborn, Bob; Welsh, Matthew; Werner, Curt; Wes Lowrie; Wind, Allyn; Wolf, Jeannette; Young, Ed; Zielke, Travis; Zorich, Ted Subject: Noon Call change: Conduit 26 Call Removed At Noon, December 1st, 2014, there is no call on the South Platte Main Stem. Brent Schantz River Operations & Compact Coordinator Water Division One P 970.352.8712 x 1217 I F 970.392.1816 I C 970.381.8159 810 9th St., Suite 200, Greeley, CO 80631 brent.schantz@state.co.us I www.water.state.co.us Hello