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HomeMy WebLinkAbout20113287 • 1861 - 20 1 1 MEMORANDUM TO: Michelle Martin, Planning Services DATE: October 31, 2011 W E L� U N T Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR11-0014, A &W Water Grover Site 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 122 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. The business will utilize an approved access from CR 122 to enter the site and exit via a shared access with the neighboring lot. Please show the approved entrance access on the Plat and label it with the approved Access Permit number (AP10-00041). A water quality feature design has been provided and is acceptable. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Show the access point (entrance) on the Plat and label it with the Access Permit number (AP10- 00041). 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. Weld County is not responsible for the maintenance of onsite drainage related features. EXHIBIT • 2011-3287 uS2t1-001 C:ADocuments and Settings\cranslemVLocal Settings\Temporary Internet Files VContent,IE5VATCLO3M5VUSRI I-0014[I].docx • ttittl6 MEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES C. FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR11-0014 14 A&W WATER SERVICES, INC COLORADO DATE: OCTOBER 7, 2011 Environmental Health Services has reviewed this proposal for a water hauling business for oil and gas support and service. The facility is proposed to be used for storage of up to 10-20,000 gallon fresh water tanks, 5th wheel type trailers and miscellaneous oil/gas equipment. An average of 34 round trip truck tanker loads per day would occur. The employees accessing the site will be the drivers and a supervisor occasionally. There are 2 commercial well permits approved for water hauling (Well Permits 74693-F and 74694-F). Permanent drinking water and sewage disposal facilities are required for employees • accessing the site. An engineered designed septic system is required. The applicant is proposing to use portable toilets in lieu of providing permanent water and sewage disposal for drinking and sanitary purposes. The following section is from Environmental Health Services, Weld County Department of Public Health & Environment, Septic Policies. Policy 2.2.K Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. As noted above, it is the policy of this department that portable toilets are allowed when a use is temporary or seasonal for a time period of six months or less. As the business is conducted year round, the use of portable toilets is not allowed as the facility is not a seasonal use. • • The applicant submitted a dust abatement plan and was found to be adequate. Access drive will be covered in gravel. On-site speed will be controlled to less than 10 mph and speed limit signs will be posted. Water will be applied to mitigate dust when necessary. The applicant submitted a waste handling plan, however, it was found to be incomplete. The applicant needs to provide the waste handler and disposal site for removal of any trash/garbage generated at the site. No chemicals will be stored or used at the site. 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. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that there is a well appropriately permitted for the commercial drinking and sanitary purposes. • 3. 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 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 7 • 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. 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 Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 8. Any septic system located on the property must comply with all provisions of • the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 10. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (25 people per day over a 60 day period) 11.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. 12.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • 3 DEPARTMENT OF PLANNING SERVICES 1 1555 N 17`" Avenue NE 3ORADO 80631 • PHONE (970) 353-6100, EX. 3540 FAX (970) 304-6498 COLORADO Date: 10/19/11 Applicant: A &W Water Project: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service (Water Hauling) and Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop (outdoor storage), in the A (Agricultural) Zone District Case Number: USR11-0014 Parcel Number: 021332000013-R4209106 • Narrative: According to the narrative provided by the applicant, new construction is proposed which requires building permits. A permit has been applied for and reviewed by the Building Department. 1. Building permits are required for additional buildings and structures. These permits are required before the beginning of construction. 2. All 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Jonathan Gesick Plans Examiner Department of Planning Services 1555 N 171h Ave Greeley, CO 80631 970-353-6100 • Submit by Email • l 8 6 . I Weld County Referral 7 September 9, 2011 WELD,COUNTY u The Weld County Department of Planning Services has received the following item for review: Applicant A&W Water Service, Inc Case Number USR11-0014 Please Reply By October 7, 2011 Planner Michelle Martin Project A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service (Water Hauling) and Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop (outdoor storage), in the A(Agricultural) Zone District. Legal Lots A and B of RE-4158 Part SW4 Section 32, T11 N, R61W of the 6th P.M., Weld County, Colorado. • Location North of and adjacent to CR 122 and approximately 1/4 of a mile west of CR 390. Parcel Number 0213 32 000013 & 0213 32 000014 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. You will be notified in writing of the Planning Commission date once the date is determined. n We 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: The Town of Grover Board of Trustees has reviewed the above mentioned Referral and we do have some concerns about this facility.The first concern is about its close proximity to Grover and the possibility that the well could affect the Town's water supply.We are also concerned about traffic, noise and dust resulting from trucks coming in an out of the facility and the close proximity to some residences in town. A&W Water has met with the Town and is aware of our concerns. They have conveyed to us that they will respect our need to serve our water ri, tnmore anri if,nro rintnrt a cinnifirant rlrnn in,nm}or lowalc that thou mrn,ilri limit}hair ni imninn limo Thew haw.0 Signature Deborah Duggan, Town Clerk Date 10-7-11 • Agency Town of Grover +Weld County Planning Dept. 41555 N 17th Ave,Greeley,CO.80631 +(970)353-6100 ext.3540 O(970)304-6498 fax • The Town of Grover Board of Trustees has reviewed the above mentioned Referral and we do have some concerns • about this facility. The first concern is about its close proximity to Grover and the possibility that the well could affect the Town's water supply.We are also concerned about traffic, noise and dust resulting from trucks coming in an out of the facility and the close proximity to some residences in town.A&W Water has met with the Town and is aware of our concerns. They have conveyed to us that they will respect our need to serve our water customers, and if we detect a significant drop in water levels that they would limit their pumping time. They have asked to start construction of the water dock prior to USR approval from Weld County, and the Town of Grover has no objection to this. OF COto DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES John W.Hickenlooper * 1876 * Governor Mike King Executive Director Dick Wolfe,P E. Director/State Engineer November 1, 2011 Michelle Martin Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: A&W Water Service, Inc., USR11-0014 Lot A of RE-4158, part SW4 of Section 32, T11 N, R61W, 6th P.M. Water Division 8, Water District 1 Dear Ms. Martin: 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 memorandum 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. A previous submittal for A&W Water Service, Inc. was submitted on September 23, 2011 and this office responded in a letter dated September 29, 2011. According to this October 19, 2011 submittal, the applicant has reduced the area covered by the Use by Special Review to just Lot A of RE-4158, removing Lot B. The proposed groundwater storage and load out facility would be located on Lot A of RE-4158. Please refer to our letter dated September 29, 2011. Should you have any questions in this matter, please contact Justina Farris of this office. Sincerely, 7hav VG ide e Keith Vander Horst, P.E. Designated Basins Team Leader cc: Division 1 Division Engineer District 1 Water Commissioner Permit Nos. 74693-F and 74694-F KVH/JPF: A&WUSR11-0014_revised.doc Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-2223 http://water.state.co.us rCOl0 DEPARTMENT OF NATURAL RESOURCES 7. filb � ' • o DIVISION OF WATER RESOURCES # , nr >f John W.Hickenlooper �* 2876/ Governor Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer September 29, 2011 Michelle Martin Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: A&W Water Service, Inc., USR11-0014 Lots A and B of RE-4158, part SW4 of Section 32, T11 N, R61 W, 6th P.M. Water Division 8, Water District 1 Dear Ms. Martin: 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 memorandum 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. According to the submitted information, the proposal is for a groundwater storage and load out facility on Lots A and B, RE-4158. The proposed oil and gas support and service facility would supply groundwater to oil and gas companies via truck hauling. According to our records, well permit no. 74693-F shall be constructed at a location consistent with Lot C of RE-4158 in the White River aquifer and shall not exceed 322.6 acre-feet per year. Additionally, permit no. 74694-F is already constructed at a location consistent with Lot A of RE-4158 in the White River aquifer and shall not exceed 322.6 acre-feet per year. The proposal to supply groundwater to oil and gas companies is consistent with the permitted uses for well permit nos. 74693-F and 74694FIimited to commercial use in Weld County via truck hauling. Should you have any questions in this matter, please contact Justina Farris of this office. Sincerely, 74d Keith Vander Horst, P.E. Designated Basins Team Leader cc: Division 1 Division Engineer al District 1 Water Commissioner Permit Nos. 74693-F and 74694-F KVH/JPF: A&WUSR11-0014.doc Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-2223 http://water.state.co.us Hello