HomeMy WebLinkAbout20130744.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: January 9, 2013
FROM: Donald Carroll / Staff, Public Works Department
SUBJECT: USR13-0001, Morwai Dairy LLC. (Water Transfer
Station and LNG Distribution Facility)
A Use by Special Review permit for a dairy, natural gas station, water depot facility.
The Weld County Public Works Department has reviewed this proposal. This project falls under
the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4,
Section 23. Staff comments made during this phase of the Use by Special Review process may
not be all-inclusive, as site changes by the applicant and other issues may arise during the
remaining application process.
REQUIREMENTS:
An Improvements Agreement is required for this site. Public Works will provide a draft of the
Agreement after the Board of County Commissioners hearing for this project. An example
Improvements Agreement is available on the County Planning website under Application
Assistance. Maintenance of County Road 28 and County Road 41 may be required as a
condition of approval of this USR.
Contact the Permitting/Inspection agent for Weld County Public Works, at (970) 304-6496, ext.
3764 for a Right -of -Way permit for any work that may be required in the right-of-way on County
roads. A special transport permit will be required for any oversized or overweight vehicles that
may access the site and may also be obtained through the same office.
In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater
permit.
The applicant provided a "Preliminary Drainage Report" dated November 30, 2012 and signed
and stamped by Chad A. TeVelde PE 45122 with AgProfessionals, LLC. Review of that report
includes redline notes on the provided plans, in the report text, and the summary comments
below.
Drainage Report Comments
1. Please provide a Final Drainage Report that follows the USR-SPR Drainage Report
Checklist and a complete set of Construction Drawings that have been stamped, signed,
and dated by a registered professional engineer licensed in the State of Colorado.
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2. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
3. Add the following notes to the plat:
a. The historical flow patterns and run-off amounts will be maintained on site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding of storm
run-off.
b. The applicant must take into consideration storm water capture/quantity and
provide accordingly for Best Management Practices.
c. Weld County is not responsible for the maintenance of onsite drainage -related
features.
4. Please add a legend/key for the Drainage Plan/Drawing. Label all drainage facilities
including all pipes, spillways, drainage swales, and ditches. Give invert -in, invert -out
elevations and diameters/sizes for all pipes and culverts. Label every drainage pipe and
provide calculations that describe its flow capacity in the drainage report. See redline
notes on the plans.
5. It is not clear whether the URS designs for the water storage pond were constructed.
The AgPro plans show no spillway for the large water storage pond; please show the as -
built elevations and location for the emergency spillway. The low area between the
water storage pond and the road extends westward onto the Wardell property. Has a
drainage easement been obtained from that owner for any pond overflows.
6. The plans and report do not describe how the low area between the water storage pond
and the road will be drained; please provide description and location of necessary
eastward draining of this area. Is there a culvert under the site access road?
7. The plans and report do not show how or where offsite flows will enter and leave the
project site; these must be managed. Please show the flow paths and any necessary
culverts or swales to safely convey these flows around the facilities and protect the
County road.
8. The report does and plans do not indicate where onsite stormwater detention is
proposed.
9. Redline notes were made to a plan set labeled "Morwai Water Project — Existing Site"
however this plan set also has areas labeled "location of potential pond". When
submitting the Final Drainage Report and Construction Plans, please follow the standard
drainage report checklist format giving clearly labeled "Proposed" construction features.
If the "potential" ponds are to be constructed, give the proposed volume, show the
grading contours, and provide location, type, and invert -in and invert -out of the release
pipes. In the Final report, describe which pond is to serve which sub -basin.
TRAFFIC NARRATIVE:
Weld County Public Works has received a Traffic Narrative for the Morwai Dairy site prepared
and stamped by Eugene Coppola. After reviewing the submitted traffic narrative I have prepared
the following comments:
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Roadways Improvements may be triggered due to heavy truck traffic associated with the facility
including turn lanes; the following is a list of the triggers for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 10vph turning left into the facility during a peak hour.
c. 50 vph turning right out of the facility during a peak hour.
A stop sign will be required to be installed at the facility access. The access will have 60' radius
to accommodate the larger trucks entering and exiting the site.
No parking or staging of commercial vehicles on the county road is allowed. Use on -site parking
area.
Use of the existing access from the dairy to County Road 28 has been proposed for this. Please
show the approved access point (AP12-00390) on the Plat and all other figures, maps and plan
sets.
The applicant is proposing approximately 115 round trips per day.
CR 28 and CR 41 are both classified as a Collector. It currently has 60 -foot of right-of-way, but
will require 80 -feet at full build out. This road is maintained by Weld County. 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.
Current ADT counts: CR 28 between CR 39 and CR 41, 1192 ADT 10/14/2010. CR 41 south of
CR 28, intersection 1030 ADT 10/2010.
LNG TRANSFER STATION:
The facility will be a liquid natural gas (LNG) transfer station for fueling vehicles on site in
conjunction with the water transfer. The LNG fueling facility will make use of mobile LNG
fueling trailers left on site. The internal roadway has be paved with good circulation and
access to both the 4 -bay water transfer station and the mobile fueling trailers on site,
with additional truck parking available.
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TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
KIM OGLE, PLANNING SERVICES
LAUREN LIGHT, ENVIRONMENTAL HEALTH
USR13-0001 MORWAI DAIRY LLC
January 16, 2013
Environmental Health Services has reviewed this proposal for a mineral
resource development including oil and gas support and service (water
supply & storage) and any use permitted as a use by right, an accessory use or
a use by special review in the commercial or industrial zone district, similar
to a gasoline service station (transient liquified natural gas fueling station)
in the Agricultural Zone.
The following section is from Environmental Health Services, Weld County Department
of Public Health & Environment, Septic Policies.
2.2.K Use of portable toilets and bottled water (revised 5/8/12)
Purpose: To define when portable toilets and commercially bottled water are
allowed.
Policy: Bottled water from a commercial source is allowed in the following
circumstances:
1. Temporary or seasonal uses that are utilized 6 months or less per year
(for example recreational facilities, firework stands, farmers markets )
2. Gravel mines
3. 10 or less customers or visitors per day
and/or one of the following:
4. 2 or less full time (40 hour week) employees located on site
5. 4 or less part time (20 hour week) employees located on site
6. employees or contractors that are on site for less than 2 consecutive
hours a day
Policy: Portable toilets are allowed in the following circumstances:
1. Temporary or seasonal uses that are utilized 6 months or less per year
(for example recreational facilities, firework stands, farmers markets )
2. Gravel mines
3. 10 or less customers or visitors per day
and/or one of the following:
4. 2 or less full time (40 hour week) employees located on site
5. 4 or less part time (20 hour week) employees located on site
6. employees or contractors that are on site for less than 2 consecutive
hours a day
Note: 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.
As indicated above, it is the policy of this department that portable toilets are allowed
when employees or contractors are on site for less than 2 consecutive hours a day. As
personnel will be on site for a short duration, in accordance with Environmental Health
Services policy the use of portable toilets is allowed.
The LNG station could be used by the public in the future. If the number of customers
per day does not exceed 10, portable toilets are acceptable.
The applicant submitted a dust abatement plan which states the internal roadway will be
paved and parking areas will be graveled. Water will be utilized if necessary to control
dust.
The waste handling plan states there will be a dumpster which will be serviced regularly
by a local business.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed
for final disposal in a manner that protects against surface and groundwater
contamination.
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., as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
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potential nuisance conditions. The applicant shall operate in accordance with
the approved "waste handling plan", at all times.
4. 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.
5. 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.
6. Adequate drinking, handwashing 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 and there are 10 or less
customers or visitors per day, portable toilets 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.
7. Any septic system located on the property must comply with all provisions of
the Weld County Code, pertaining to Individual Sewage Disposal Systems.
8. 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 to 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.
9. The operation shall comply with all applicable oil and gas operations regulated
by the Colorado Oil and Gas Conservation Commission.
10. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14), as applicable.
11. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
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Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Referral
Date: January 29, 2013
Applicant: MORWAI DAIRY LLC
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER
SUPPLY & STORAGE) AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTTRIAL ZONE DISTRICT, SIMILAR
TO A GASOLINE SERVICE STATION (TRANSIENT LIQUIFIED NATURAL GAS FUELING STATION)
IN THE AGRICULTURAL ZONE DISTRICT
Case Number: USR13-0001
Parcel Numbe121329000010-R8449600 Legal: LOT B RECX12-0073 BEING PART OF THE E2
SE4 OF SECTION 29 TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M. of the 6th P.M.,
Weld County, Colorado.
121329000009 Legal: LOT A RECX12-0073 BEING PART OF THE E2 SE4 OF
SECTION 29 TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M. of the 6th P.M., Weld
County, Colorado.
After reviewing the application and documents submitted, Building Department has the following
comments:
A Commercial building permit will be required for all new construction. A building permit
application must be completed and two complete sets of plans including engineered foundation
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. Electrical permits will be required for all wiring to pumps, equipment and exterior
lights.
Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
All building requirements can be found on the Weld County web -site
www.co.weld.co.us/planning department/building inspection/permits
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
January 22, 2013
Kim Ogle
Weld County Planning Services
Transmission via email: kogle@co.weld.co.us
Re: John Moser, USR13-0001
Part of the W1/2 of Section 29, T3N, R65W of the 6th P.M., Weld County
Water Division 1, Water District 2
Dear Mr. Ogle:
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director
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 application is a site specific development plan and use by special review for a water
storage pond for a water transfer station for the transfer and transport of water to commercial and
industrial needs. The application also includes a liquid natural gas (LNG) transfer station for fueling
vehicles. The source of water in the pond is from wells on the property, such as 75655-F, which are
permitted pursuant to a court decree for uses including commercial, industrial and irrigation. The facility
does not include any employee water use for drinking and sanitation.
The application notes that the pond is existing. However, our review of aerial photos as recent
as July 2011 do not show a pond on the site. Regardless, if the pond is not lined and the excavation
intercepts ground water, a well permit and court -approved plan for augmentation are required. We
were not provided with the dimensions of the pond. If the impoundment qualifies as a jurisdictional dam
according to the Rules and Regulations for Dam Safety and Dam Construction, the dam requires
coordination and a permit from DWR's Dam Safety branch. Additional information about the program is
available on our website at http://water.state.co.us (under Surface Water and then Dam Safety).
This office does not object to the proposal so long as the pond is not allowing the evaporation of
groundwater and all necessary coordination with the Dam Safety branch has been conducted. Should
you have any questions, please contact Tracy Kosloff of this office.
Sincerely,
ttu
Joan Williams, P.E.
r Resource Engineer
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
From: Kim Ogle
To: "Mettenbrink - DNR, Chris"
Subject: RE: USR13-0001 Question
Date: Saturday, January 05, 2013 3:23:00 PM
Chris
The water is coming from commercial wells which fill the existing pond. This water in the pond
from the wells is pumped into the trucks for hauling.
Thank you for your inquiry for clarification
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
w
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: Mettenbrink - DNR, Chris [mailto:chris.mettenbrink@state.co.us]
Sent: Saturday, January 05, 2013 3:20 PM
To: Kim Ogle
Subject: USR13-0001 Question
Kim,
I have a question about the source of water being transferred to the various customers. Is the
water coming from commercial wells or is this water that is being reused from oil and gas
production activities?
Thanks.
Chris Mettenbrink
District Wildlife Manager -Fort Lupton
Colorado Parks and Wildlife
970-472-4405
Kim Ogle
From:
Sent:
To:
Subject:
Hi Kim,
Simmons - CDLE, Scott [scott.simmons@state.co.us]
Monday, January 07, 2013 12:38 PM
Kim Ogle
USR13-0001
The LNG fueling on this site appears to be strictly non -retail (not selling to the public). Am I correct in that
conclusion? Also how can I get on your notification list?
Thanks, Scott
Scott Simmons
LP-Gas/Measurement Supervisor
Colorado Department of Labor & Employment
Division of Oil & Public Safety
Oil Inspection Section
633 17th Street, Suite 500
Denver, CO. 80202
303-378-1103
Scott simmons(&,state.co.us
us
http://www.colorado.gov/cdle/ops
CDLE: "We Keep Colorado Working"
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