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Home My WebLink About20121030.tiff EXHIBIT I y 1861 - 2011 MEMORANDUM 1 -0043 TO: Michelle Martin, Planning Services DATE: February 20, 2012 W E L o E O U N T Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR12-0003, Michael Miller A Use by Special Review permit for an oil and gas support and service company (truck & equipment parking and maintenance). 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 other issues may arise during the remaining application process. COMMENTS: CR 72 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. 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. Two accesses are shown on the plat, an existing and a proposed access. Please provide a revised access permit application form and include photos showing the sight distance up and down the roadway at the proposed access point and provide the required fee for the proposed new access point. If the existing shared access on the neighboring property will be used for the business please provide written approval from the adjacent property owner who shares the access. Show the approved access on the • Plat and label it with the approved Access Permit number (will be provided when a revised access permit application is received for the proposed access and written approval from the shared access landowner is submitted). Access improvements are required and shall include 60' radiuses to accommodate turning trucks and double cattle guards across the access to prevent the tracking of mud onto the gravel roadway. An improvements and road maintenance 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. A portion of the property lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number #0802660475D, dated September 22, 1999. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. The applicant indicates that the portion of the lot in the floodplain will not be built upon. Flood hazard development permits will be required for development activities located within the FEMA mapped Coal Bank Creek Floodplain. 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. Please show and label the boundaries of the 100-year floodplain on the plat. If any structures, gravel or other materials are to be placed within the floodplain boundaries a Flood Hazard Development Permit through Weld County Public Works is required. No parking of equipment or vehicles is allowed in the floodplain. Please ensure all parking and storage areas are outside of the floodplain. Please show where the water quality area will be located on the plat. It should be downstream of the parking and storage areas. C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\Content,IE5 2012-1030 REQUIREMENTS: ' 1. Add the following conditions of approval to the plat: a. Submit a revised access permit application form that is complete with photos and fees for the proposed new access. b. Submit written approval from the neighboring property owner who shares the existing access if the access is to be used for the business. c. Show the approved access point(s) on the Plat and label them with the Access Permit number(will be provided when additional materials are submitted). d. An Improvements and Road Maintenance agreement is required. Access improvements shall include 60' radiuses and double cattle guards. e. Show and label the boundaries of the 100-year floodplain on the plat. Ensure that all parking and storage is outside of these boundaries. f. Show and label the water quality area on the plat. It should be located downstream of parking and storage areas and labeled as"Water Quality— No Build or Storage Area" 2. Add the following development standards to the plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. b. The historical flow patterns and run-off amounts will be maintained on site in such a 4 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. c. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel # 080509000057 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #0802660475D dated September 22, 1999, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. d. Flood hazard development permits will be required for development activities located within the FEMA mapped Coal Bank Creek Floodplain. 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. e. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. f. No parking or storage is allowed within the 100-year floodplain. g. Weld County is not responsible for the maintenance of drainage related features. C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\Content.IE5\QDAXMHMD\USR I2-0003[l].docx Isbl ' MEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES FROM: MARY EVETT, ENVIRONMENTAL HEALTH G 0 - T Y ! SUBJECT: USR12-0003 DATE: FEBRUARY 20, 2012/UPDATE: MARCH 27, 2012 Environmental Health Services has reviewed this proposal for oil and gas support service including storage and maintenance of excavation equipment, semi-trucks and water tanks. There is an existing shop/office building on the property. There will be a total of 8 onsite employees working in the shop and office, and 13 others reporting to the site to pickup and drop off equipment and vehicles. The shop/office building will be served by an engineer designed septic system. • Application has been made for a septic permit (Septic Permit No. SP-1200006); however, the engineer designed the septic system for only 10 employees. According to the USR application, the number of employees accessing the site on a daily basis will be 21. In addition, the engineer needs to provide a site plan indicating the location of the proposed septic system and shall be designated on the plat. No vehicle access drives, vehicle parking or equipment storage shall be located in the area of the proposed septic system. A revised engineer design and site plan must be submitted to the Environmental Health Services for approval of Septic Permit SP-1200006. North Weld County Water District will provide water for the facility. The applicant provided a letter (dated 11/1/11) from the District that they are able to serve the office and shop facility. The applicant submitted a waste handling plan for review by Environmental Health Services. A dumpster will be provided for trash and garbage, and Gallegos Sanitation of Fort Collins will service the dumpster. The waste handling plan shall also include types and quantities of wastes generated from vehicle and equipment repairs, such as tires, batteries, antifreeze and vehicle fluids. The applicant needs to provide the names, phone numbers, and addresses of the companies providing recycling or disposal of wastes generated from vehicle maintenance and repairs. • The applicant is proposing to wash vehicles, equipment and tanks on site. Vehicle and equipment maintenance will also be performed on the property. There is a floor drain in the shop that discharges to a 1,000 gallon vault. The vault should be equipped with a high water, audio/visual alarm to alert personnel when it is full. Also, it may be necessary to increase the capacity of the holding tank for the washing operation. A list of the materials stored in the tanks, which will be part of the wastestream of the wash water effluent, shall be included in the waste handling plan. In addition, the waste handling plan shall include the contact information of the waste hauler and offsite disposal facility where the effluent collected in the vault will be disposed. The vehicle, equipment and tank washing areas, along with the vault for collecting the wastewater, shall be designated on the plat. The applicant is proposing to install a used oil burner for heating the shop and the majority of the waste oil generated onsite will be used in the heater. The applicant needs to submit the manufacturer's specifications on the used oil heating unit to Environmental Health Services to determine if it is APEN exempt. There are three aboveground fuel tanks located on the property; 1-1000 gallon diesel, 1-2000 gallon diesel, and an Agland fuel tank. According to the applicant, the two diesel • tanks will be used and the Agland tank will be removed. The tanks will require registration with the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section. In addition, a Spill Prevention, Control and Countermeasure Plan will be required. The applicant will be required to submit evidence to Environmental Health Services that the Agland fuel tank has been removed. The applicant submitted a dust abatement plan and was found to be adequate. Access drives, parking and outside storage areas will be covered in gravel. Water or a dust suppressant will be applied when necessary to mitigate dust. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. In the event washing of vehicles and equipment will occur on site the applicant shall ensure that any vehicle and equipment washing area(s), including the tank cleaning area, shall capture all effluent and prevent discharges from the washing of vehicles and equipment in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle and equipment washing areas should be designated on the plat. • • 2. A revised engineer design and site plan must be submitted to the Environmental Health Services for approval of Septic Permit SP-1200006. 3. The applicant shall designate the location of the proposed septic system on the plat. No vehicle access drives, vehicle parking or equipment storage shall be located in the area of the septic system. The septic system must be protected from vehicle traffic. 4. The applicant shall submit manufacturer specifications on the proposed used oil heater to Environmental Health Division of the Weld County Department of Public Health & Environment. 5. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 6. The applicant shall submit evidence to Environmental Health Services that the Agland aboveground fuel tank has been removed. • 7. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 8. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: • 1. An engineer designed septic system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Septic Permit SP-1200006 must receive final approval by Environmental Health Services. 2. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 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., 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 potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. Any vehicle washing area(s) shall capture all effluent and prevent discharges from equipment and tank washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 6. Permitting the practice of burning used oil generated by the company, or "Do-It- Yourselfers", for space heating in a company owned oil burner is allowed and is APEN and permit exempt by state air pollution regulations; however, if the burning of other sources of off-site generated oil is to be conducted, the company must have this potentially non-exempt practice reviewed for • • permitting by the Colorado Department of Public Health and Environment, Air Pollution Control Division before any such oil is burned. 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. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 9. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 10.Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 11.The facility shall utilize the existing public water supply (North Weld County Water District). • 12.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. 13.The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 14.The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. 15. 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. 16.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • MEMORANDUM • COLORADO To: Michelle Martin, Planner February 21, 2012 From: Bethany Salzman, Zoning Compliance Officer Subject: USR12-0003 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV11-00088)was noted. This violation was initiated due to the operation of a commercial oil and gas support services business without first completing the necessary Weld County Zoning Permits. This case has not been presented to the Weld County Court Magistrate through the Violation Hearing process. However, since this is an active violation, an investigation fee is required. The initial complaint was received from the Building Department on August 30, 2011. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, all commercial vehicles and associated activities and/or storage shall be removed from the property within 30(thirty)days of denial or the violation will proceed in court accordingly. i • SERVICE,TEAMWORK,INTEGRITY,QUALITY Submit by Email • Weld County Referral ' January 23, 2012 D � COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: MICHAEL MILLER Case Number: USR12-0003 Please Reply By: February 20, 2012 Planner: Michelle Martin Project:A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service(storage and maintenance of excavation equipment, semi trucks and water tanks) in the A (Agricultural)Zone District Location: South of and adjacent to CR 72 and east of CR 29 Parcel Number: 080509000057-R8765OO0 Legal: PT SECTION 9, T6N, R66W LOT B CORR REC EXEMPT RE-2573 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. FlWe 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. Comments: We have found that there is an existing permit for a structure on the property that will need to be finaled. It is the understanding of the building department that the permit has been extended and the applicant is aware of the permit status. Required documents are to be submitted with the application for the new building permit. These include but are not limited to a fire department review, engineered structural drawings, accessibility plans, mechanical,electrical and plumbing drawings. Any owner or authorized agent who intends to construct,enlarge,alter, repair, move,demolish or change the occupancy of a building or structure,or to erect, install,enlarge, alter, repair, remove,convert or replace any electrical,gas, mechanical or plumbing system,the installation of which is regulated by the Weld County Code,o to cause any such work to be done,shall first make application to the Weld County and obtain the required permit. Digitally signed by Jonathan Gesick Jonathan ON:dc=US,dr-CO. =WELD at=CO, ou=Weld County.ou=Planning. • Gesiek Date:2012.02.16 m=1611:16:3-sick 2/16/12 Signature ou=Users,c=Jonnan Gesick Date Agency Building Department Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax • Xcel EnergysM• Right of Way&Permits 1123 West 3r°Avenue PUBLIC SERVICE COMPANY Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 donna.l.george@xcelenergy.com February 16, 2012 Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Attn: Kristine Ranslem Re: Michael and Kimberlea Miller/Superior Oilfield Services Co., Ltd. Site Specific Development Plan and Special Review Permit Case # USR12-003 • Public Service Company of Colorado (PSCo) has reviewed the plans for the above captioned project. Please be aware PSCo has existing electric lines within the subject property. The property owner must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new electric service, or modification to existing facilities. It is then the responsibility of the property owner to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Sincerely, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado S Submit by,Finatl • (Plettotiiiie Weld County Referral 11`p January 23,2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant:MICHAEL MILLER Case Number. USR12-0003 Please Reply By: February 20,2012 Planner.Michelle Martin Project:A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service(storage and maintenance of excavation equipment,semi trucks and water tanks)in the A (Agricultural)Zone District Location:South of and adjacent to CR 72 and east of CR 29 Parcel Number. 080509000057-R8765000 Legal: PT SECTION 9,T6N, R66W LOT B CORR REC EXEMPT RE-2573 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. piWe 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. Comments: Slgnatfire -- �/ i _ Date I — Sr . Agency C ?Mai GREELEY CONSERVATION DISTRICT Weld County Planning Dept. 1555 N 17Ui Ave.Greeley.CO.60631 (970)353-6100 ext3540 (970)304-6498 lax \ U 5 co / r- \ ) ^{ / { \ \ , : s » } ` zw7 0 \ 0 U tt \\ e < « « > > \ \ \ 9 \ \ , TS 6 \ ) 7 § g \ y \ g = } \ \ _ $ s • u c \ \ \ \ j % w ` \ \ \ \ 61 1 C\ % _ 22 { / \ ) \ / ° _ - e ws « \ y r } 3 = \ o z o / II \ / - \ © ,,-.. / \ \ \ ( O e 2 2 , T 7 D > > 'y e =o ao = \ o o9 _ ± / , - \ < \ \ E 0 0 I • --4- co \` » / / }an \ ; 57. co \ � / roE z 0 ` 6 « j [ � Hello