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Home My WebLink About20122982.tiff MEMORANDUM r , - T� TO: Michelle Martin, Planning Services DATE: August 3, 2012 vu c ou N?zY FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR12-0044, Leonard Harms A Use by Special Review permit for an oil and gas support and service company (water hauling). 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 136 & CR 129 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are 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. An access permit has been approved for this project. Please show the approved accesses on the Plat and label them with the approved Access Permit number (AP12-00123). Access improvements are required and shall include double cattle guards at the exit to prevent the tracking of mud onto the County roadway. The access roadway must be completely on the Harms property to the north of the section line unless an access easement is obtained from the property owner to the south. The County does not have unmaintained right-of-way to the south of the section line. A non-exclusive license agreement is in place for use of the 30 feet of unmaintained County right-of-way along the northern side of the CR 136 section line. 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. Road maintenance requiring dust control and repair of any damages to the County roadway due to hauling from the site will be included in the agreement. No parking or staging of trucks can take place on the County roadway. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). There is no overnight parking, storage or buildings on this site, therefore a water quality depression was not required. REQUIREMENTS: 1. Add the following conditions of approval to the plat: a. Show the access point on the Plat and label it with the Access Permit number (AP12- 00123). b. An Improvements and Road Maintenance agreement is required. Access improvements shall include tracking control including double cattle guards the exit of the site. Road C:\Users\kfordWppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.I E5\32TCUENI\USR12-0044[2].docx maintenance including dust control and repair of any damages caused by hauling from the facility will be required. 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 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. There shall be no parking or staging of vehicles on County roads. C:\Users\kfordWppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.I E5\32TCUENI\USR12-0044[2].docx :3/4861 MEMORANDUM EL \ TO: MICHELLE MARTIN, PLANNING SERVICES U2_ bU N T T� FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR12-0044 HARMS DATE: AUGUST 2, 2012 Environmental Health Services has reviewed this proposal for a water hauling business to support oil and gas activities. There is a well permitted for the industrial purposes and irrigation of 70 acres (Well Permit No. 69175). The application states that the facility will only be used by the drivers hauling water; no onsite employees. 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 applicant submitted a dust abatement plan which states the access drive will be graveled. Water will be applied by the water haulers to mitigate dust when necessary. The waste handling plan states that a trash receptacle will be provided. The name, address and telephone of the waste handling company needs to be provided in the waste handling plan. We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a revised 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 waste handler and facility where trash and garbage will be disposed (including the facility name, address, and phone number). We have no objections to the proposal; however, 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. 2 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. 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. 6. 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. 7. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed in accordance with Environmental Health Policy when employees or contractors are on site for less than 2 consecutive hours a day. 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. 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 rules and regulations of State and Federal agencies and the Weld County Code. 3 obto; MEMORANDUM '.-k;„> 1861 [ siB 86 Department of Planning Services T 1555 N 17`h Ave Greeley,CO 80631 (970)353-6100 COUNTY July 10, 2012 USR12-0044 Building Department Review Comments A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service (Water Hauling) in the A (Agricultural) Zone District. Parcel: 003326000002 Dear Sir/Madam, The Weld County Building Department has reviewed the history and investigated any complaints or violations that accompany the parcel the proposed water facility will reside on. The findings are as followed: There is an abandoned home on site which is uninhabitable. There is also a barn and a couple other small outbuildings on site. The home must be made to have no entry to the structure if unsafe. This may require the boarding of the home to accomplish this. There are currently no existing violations or complaints on this parcel. Building permits will be required for any water tanks that are located on the site and used for the water hauling facility. 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, or to cause any such work to be done,shall first make application to the building official and Weld County to obtain the required permit. For further information or comments please contact the Weld County Building Department. Sincerely, Jonathan Gesick Plans Examiner and Building Inspector 970-353-6100 x-3532 Michelle Martin From: L Bourlier[Ibourlier3@hotmail.com] Sent: Monday, July 16, 2012 9:49 PM To: Michelle Martin Cc: Vern Bourlier; Heidi Hansen Subject: RE: Case USR12-0044 Attachments: CO. 7-12. IMG.jpg Hi Michelle, Thanks for responding to this email. I've re-attached the picture for you. I'll forward this information to Mom (Antonia Bourlier), who I understand you visited with earlier today. Lisa Bourlier (If the picture doesn't arrive, please let me know and I'll send another way.) From: mmartin@co.weld.co.us To: Ibourlier3©hotmail.com CC: vernbourlier@hotmail.com; hhansen@co.weld.co.us Date: Mon, 16 Jul 2012 11:54:28 -0600 Subject: RE: Case USR12-0044 Hi Antonia, In your email below you mention you attached a photo to your email but the photo never came through,therefore could you please send it again,thanks. Below is the link to the applicants map and application on our website to hopefully answer some of your questions. http://www.co.weld.co.us/Departments/PlanningZoning/CurrentPlanningCases/index.html#USR12-0044 Heidi Hansen with the Weld County Department of Public works has been working with the applicant on the access to this site;therefore I have copied her on this email so she is aware of your concerns. If you would like to talk to Heidi directly you can contact her at 970-304-6496. If you have any other questions please don't hesitate to contact me. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1 • Lisa, TA rrt 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: L Bourlier [mailto:lbourlier3@hotmail.com] Sent: Saturday, July 14, 2012 8:12 PM To: Michelle Martin Cc: vernbourlier@hotmail.com Subject: Case USR12-0044 RE: USR12-0044 Dear Ms. Martin On or about July 10, 2012, a post card was received from your office regarding Case USR12-0044 and the commercial water loading facility being proposed by Janyce and Leonard Harms. Project: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service (Water Hauling) in the A(Agricultural)Zone District Location: North of and adjacent to CR 136 (section line) and East of CR 129 Parcel Number: 003326000002-R0010386 Legal: LOT A RECX12-0 As you can see from the attached picture, facing west, the trail that is in place for trucks to use to load and haul water, is clearly on my land and all that appears to be on the Harms' land is the pump. As was written on the application, the neigboring land is in the CRP, and remains farmland with the expectation that it will continue as farmland when CRP expires. I am not in oppostion to the Harms selling water, but I do want to be assured that the county is surveying the position of the road, because it appears that the trail is on Bourlier land. (Please note the location of the REA line in relation to the trail, and road farther west.) Sincerely Antonia Bourlier 504 Cedar Street Kimball, NE 69145 308.235.2485 If the picture is not received, please let me know. You have been sent 1 picture. IMG ,1211.JPG These pictures were sent with Picasa, from Google. Try it out here: http://picasa.google.com/ 2 '- U, ,+' yN?C't19[;1llrv,R' * *-:-,ufxr,ir' 'Fe> r' -- IIIP .„, , _ _..,.„,,,.c• -,,,,..,,..:.„„.,.. ,..rt C i • . 1 . „.1410001"illillk. ` ! I : -'4St, 4. •T � r , •. v 1 V� _ y N d CN Hello