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HomeMy WebLinkAbout20093274.tiffatri • COLORADO • • MEMORANDUM TO: Planning Commissioners 10/6/2009 FROM: Chris Gathman — Planner III C. • SUBJECT: Proposed Revisions to USR-1709 staff recommendation Staff is requesting the following additions/revisions to the USR-1709 staff recommendation: Condition 1.C.4: Add note: "U.S. Highway 85 Access Control Plan WCR 20 (MP 245.19): An existing public road access is on the east side of U.S. 85. This access currently functions as a full movement, unsignalized intersection. Left turn/right turn improved acceleration/deceleration lanes (medium priority) are required. Verify with CDOT." (Department of Public Works) Condition 1.F: Add this sentence to the end of condition 1.F (in bold): In the event the applicant proposes to share the existing well on the adjacent property, the applicant shall submit a document providing for shared well operation and maintenance by both parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. A joint access easement agreement for the shared well shall be indicated on the plat. The applicant shall also provide an agreement with the Platteville Ditch authorizing the waterline for the shared well to pass under the ditch. 2009-3274 EXHIBIT usk It -loci TETRA TECH April 20, 2009 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Suncor Energy (U.S.A.) Pipeline Company, Ground Water Supply Evaluation To Whom It May Concern: This letter summarizes our investigation of the ground water supply potential for the proposed Suncor Energy (U.S.A.) Pipeline Company (Suncor) oil and gas distribution development. The 12.3 -acre USR permit area is located in Weld County east of U.S. 85 along the south side of Weld County Road 20 (WCR 20). We have completed a preliminary analysis of ground water availability, researched existing well permits in the vicinity and have reviewed the records of the Colorado Division of Water Resources regarding non -tributary ground water appropriations from the Fox Hills aquifer beneath the Suncor property. We have found that the Fox Hills aquifer lies beneath the property from the depth of 350 to 650 feet below ground level. Under the Denver Basin Rules the Suncor property is allowed to appropriate 4.4 acre feet per year from the Fox Hills aquifer. At this location the Denver Basin Rules designate the Fox Hills aquifer as Non -Tributary. Therefore Suncor is entitled to a well permit from the Fox Hills aquifer without requiring a substitute water supply plan or an augmentation plan. The annually allowed appropriation of 4.4 acre-feet per year may be used for any beneficial uses such as irrigation, industrial and commercial purposes. This amount of water exceeds Suncor's currently anticipated demand for the facility. Sincerely, TETRA TECH Keith D. Buckley, P.E., C.P.G. Hydrogeologist / Project Engineer EXHIBIT I jp.c P:\133-23474-08001 \Commun ications\Con espondence\Letters\Suncor Groundwater Evaluation_B.doc Colorado's WellView Web - View Details: Receipt 0910461 Page 1 of 2 • • • Permit Constructed Receipt 0910461 Division: 1 Permit #: 74780- - Water District: 2 Well Name / #: County: WELD Designated Basin: Management District: Case Number WDID: last Refresh: 8/19/2009 12:02:25 AM [-] Applicant/Owners History Date Range Unknown - Present Applicant/Owner Name CONTINENTAL PIPE LINE COMPANY Address 1822 WARREN AVENUE City/State/Zip CHEYENNE, WY 82001- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW NW 20 2.0N 66.0W Sixth 80 N 900 W Northing (UTM y): 4442.254.5 tasting (UTM x): 516401.4 Location Accuracy: Spotted from section lines Physical Address City/State/Zip Subdivision Name Filing Block Lot Parcel ID: Acres in Tract: 1.25 [-] Permit Details Date Issued: 06/11/1974 Use(s): DOMESTIC COMMERCIAL Special Use: Area which may be irrigated: Maximum annual volume of appropriation: Statute: Date Expires: 06/11/1976 Aquifer ALL UNNAMED AQUIFERS (s): Permit Requirements: Totalizing Fiow Meter Geophysical Log Abandonment Report No Cross Reference Permit(s): Permit Number Receipt Description Comments: PUMP NOT TESTED No No [-] Construction/Usage Details Weil Construction Date: 07/23/1974 Well Plugged: Pump Installation Date: 09/13/1974 1st Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 61 36 Lit # Name Address 56 18 Phone Number http://www.dwr.state.co.us/WelllViewWeb/View.aspx?receipt=0910461 8/19/2009 Colorado's WellView Web - View Details: Receipt 0910461 Page 2 of 2 • • • Driller Pump Installer 21 LESH 3R., ED BOX $6-113 S HWY 85 AULT, CO 80610-0056 21 LESH )R., ED BOX 56-113 S H1NY 85 AULT, CO 80610-0056 970-837.2868 970-834-2868 [-] Application/Permit History Well Construction Report Received 10/11/1974 Pump Installed 09/13/1974 Well Constructed 07/23/1974 Permit Issued 06/11/1974 Application Received 05/06/1974 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/05/2007 No http://www.dwr.state.co.us/WellViewWebNiew.aspx?receipt=0910461 8/19/2009 • • • n TETRA TECH September 30, 2009 Mr. Tom Parko, City Planner Planning Department, City of Ft. Lupton 130 South McKinley Avenue Ft. Lupton, CO 80621 RE: Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (crude oil truck unloading facility) in Weld County, Colorado. USR-1709; Tetra Tech Job No. 133-23474-08001 Dear Mr. Parko: This letter is in response to our e-mail correspondence of August 19, 2009 (enclosed). In the e- mail you expressed the following and below is our response: "All we ask for is that the applicant/owner pay special attention to screening and buffering from US 85". We have taken your comments into consideration and have determined that since the project is located % mile from Highway 85 and there are existing uses between this new facility and the highway that no additional screening or buffering will be necessary for this facility. The site will be fenced with a six foot chain link fence with 12" of barb wire on top of the fence. The site will be accessed through a key card system. Disturbed areas and the detention pond will be seeded to prevent erosion and will control dust. We appreciate your input on this project. Please contact me at 303- 772-5282 with any questions regarding this letter. Thank you for your assistance. Regards, TETRA TECH, INC. ( Julie A. Cozad Planning Department Manager pc: Chris Gathman, Weld County Planning Department Blaine Ayers, Project Manager, Suncor Energy James Borgel, Holland and Hart file P:1133-23474-08001\SourceFiles\Agencies\Referral agencies\Referral Responses\Ft. Lupton response letter.doc EXHIBIT a 6.-D • • • ['it TETRA TECH 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 Tel: 303.772.5282 Fax: 303.772-7039 MEMORANDUM To: Weld County Planning Commission From: Julie Cozad, Land Planning Manage Subject: Conditions of Approval and Development Standards for USR-1709 Date: October 6, 2009 cc: Chris Gathman, Planner This memo addresses the conditions of approval. We are formally requesting changes to the Conditions of Approval and Development Standards as described below in italics: Condition 1.C. 2) requires an approved screening plan be placed on the USR Plat and Condition 1.K. states, "The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. The plan shall address screening of the facility from the nearest residence located to the north of the site." Suncor is requesting that no screening be required for this facility due to the fact that the closest residence within the vicinity is located approximately 910 feet to the west of the entrance. There are also several other commercial and industrial uses in the area which do not have screening. It is requested that these conditions be removed. Conditions of 1.C. 4) states, Add note: "U.S. Highway 85 Access Control Plan WCR 20 (MP 245.19): An existing public road access is on the east side of U.S. 85. This access currently functions as a full movement, unsignalized intersection. Left turn/right turn improved acceleration/deceleration lanes (medium priority) are required. Verify with CDOT." Suncor is requesting that this condition be removed because documentation has been submitted by CDOT indicating that improvements have already been made by Suncor and no further improvements are required. Condition of 1. C. 5) states that "the USR Plat show the approved lighting plan and Condition 1.L. states, A lighting plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23- 4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be indicated on the plat." Suncor is requesting revised language for both of these conditions. Full lighting design is not anticipated to occur until the structures are designed. It is recommended that lighting locations be shown on the USR plat and a detailed lighting plan be submitted prior to the release of building permits and could be placed as Condition 5.E. 1 4 • • Condition 1. D. states, "All required Air Emissions Permits must be filed with the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services." Suncor requests that this condition be moved to 6.B., prior to operation. Condition 1.G. states, "In the event the applicant intends to utilize the existing septic system at the adjacent site, for employee and driver use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations." Suncor requests revising the condition to allow for the temporary use of port -a -potties until the office is constructed There will be no employees on site until the office is constructed and the use of the port -a -potties would be for the drivers and used infrequently. Condition 1.11. states, "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) for above and below ground storage tanks. Alternately, the applicant can provide evidence from the EPA and CDL&E that they are not subject to these requirements." Suncor requests this condition be removed since there will not be any tanks as a part of this facility. E. Condition 1.I. states, "The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in their referral response dated August 13, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. These requirements and concerns include but are not limited to: • Providing construction drawings for the requested improvements including: o Paving of the internal entrance and exit gate area, parking lot, and widening of the access radiuses to 45 feet. o Paving a minimum of 300 foot between the onsite gravel section and WCR 20 which will be utilized as a tracking pad. o Paving of WCR 20 from Highway 85 to the site entrance. o Paving of the eastbound right turn deceleration lane from Highway 85 onto WCR 20. t • • • • Providing an updated traffic study which addresses Public Works concerns. • Providing a final drainage report and final site grading plan • Providing an offsite geotechnical report acceptable to the County that includes pavement designs for offsite paving improvements. • Providing an onsite geotechnical report that has been stamped, signed, and dated by a professional engineer licensed to practice in the State of Colorado. Suncor does not agree with the paving requirements for on -site or off -site improvements. Our team would like to have discussion regarding this condition. A response letter has been submitted to Public Works and the Planning Department outlining our response to the concerns and comments. Condition 3 states, "Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee." Suncor is requesting that 60 days be changed to 120 days to allow for enough time to meet the conditions of approval. Development Standards Development Standard 8. Suncor requests that this standard be removed. As stated previously there are no tanks associated with this facility. Development Standard 21. through 23. Add language to the end of each standard which states, "in accordance with the approved Improvements Agreement." Development Standard 24. Suncor requests removing reference to the screening plan, if conditions I.C. 2) and 1. K are removed. 4 • • • SUNCOR) Truck Unloading Facility Use by Special Review Weld auntv Hann •, Cmnmisson Ovober a 2009 1.--o, i !!! +A...n It TETRA TECH Introductions Suncor • Blaine Ayers Project Lead • Jamie Jost Corporate Legal Counsel Tetra Tech • Julie Cozad Lana Pranrvng Manager • Steve Scicsione, EIT, LEER AP owrgn Engineer • Steve Jenkins, P E., CPESC Project Manger- Engineering • Sten Colander, P.E. Traffic Report Other Consultants • Gene Coppola Traffic Engrnner • Jim Borgel, Holland 8 Had, LLP Attorneys al Law • Terracon Oeolechnicar Suncor Company Overview • Suncor Energy USA (Suncor) produces oil, natural gas and clean wind -generated electricity, along with products consumers across North America use to fuel then vehicles, heat their homes, and power their schools, hospitals and places of business. By investing in technology, Suncor is working to ensure products are developed in an environmentally responsible way, while also meeting consumer expectations for high -quality, cnmpelitively- priced and sale products. 1 • • • Suncor Company Overview Each day, their energy marketing team sells approximately 260,000 barrels of Suncor produced crude oil, diesel fuel and other refined products, and about 200 million cubic feet of natural gas. They also partner with their customers to transport and sell products on thew behalf Suncor is connected to North American markets through a portfolio of proprietary and managed pipeline capacity, allowing flexibility and ease of response to customers diverse needs and changing market conditions. With top rated credit, investment in physical assets to support thew business, and the in-house expertise to anticipate and react to market conditions, Suncor has emerged as one of the top energy marketers in North America. Su .OEM 3 . Suncor Company Overview In Colorado, Suncor's downstream assets include a Commerce City -based refinery, crude oil pipeline systems, and 43 Denver -area retail stations branded as Phillips 66. Suncor's Commerce City, Colorado refinery provides a vital link between Colorado oil producers and the growing energy market in the U.S.A. The 90,000 barrel per day refinery is located about six miles northeast of downtown Denver. It supplies about 35% of Colorado's gasoline and diesel fuel demand and is a major supplier of jet fuel to the Denver International Airport and diesel fuel to the Union Pacific Railroad. The refinery is also the largest supplier of paving -grade asphalt in Colorado. 2 • • • USR 1709: Suncor Energy Truck Unloading Facility Project Schedule and Phasing Site Plan Map • Initial Construction - Canopy w/ 4 unloading bays - 12' pipeline - Detention pond - Security gates - Fencing - Site grading - Lighting where necessary - No on -site personnel - Initial volume: 10,000 barrels/day Future/Full Build -out — Remaining unloading up to 10 bays — Future volumes 25,000- 32.000 barrels/day — Anticipated 15 Employees — Other structures. • 3500 sq ft office building • 1500 sq ft ghnd out shack • Septic for office 8 water proposed from existing commercial well — may obtain new wellif needed Weld County Comprehensive Plan • Section 22-5-90. A. 'Oi1 and gas development in the County is an integral part of he County economy and has a substantial direct and indirect impact on current and future land use' • Section 22-5-90. B. and D. recognize the substantial economic contribution of oil and gas production in Northern Colorado. Section 22-5-100. A. OG.Goal 1. Promote the reasonable and orderly exploration and development of oil and gas mineral resources" • Section 22-5-160. A. UR Goal 1. "Support and encourage the use of natural and other resources available in the County by the residents of the County .° • Section 22-6-20. A.1. ECON.Policy 1.1 Promote the expansion and diversification of the industrial economic base to achieve a well- balanced industrial sector in order to provide a stable tax base and a variety of job opportunities for County citizens" 3 • • • Weld County Code — Chapter 23 • Section 23-3-40. A.2. "OIL AND GAS SUPPORT AND SERVICE" is a land use allowed as a Use by Special Review in the Agricultural Zone District. • Section 23-2-240. Design standards • Section 23-2-250. Operation standards • Section 23-2-260. Application requirements • Section 23-2-270. Development standards Conditions of Approval and Referrals • State of Colorado, Department of Natural Resources -Division of Water Resources • State of Colorado, Department of Transportation Weld County Building Inspection Weld County Department of Public Works Weld County Department of Public Health and Environment City of Ft. Lupton Conditions of Approval Conditions Prior to Recording the Plat: — Screening and Landscape Plan: Conditions 1. C. 2), 1. K. And Development Standard 24. • Suncor requests these conditions be removed. — CDOT note on plat: Condition 1£. 4) • Suncor requests this condition be removed. — Lighting Plan: Conditions 1.C. 5) and 1 .L. • Suncor requests that lighting locations be shown on the USR plat and a Lighting Plan submitted at the time of building permits when the facility is fully designed. Move to 5.E. 4 • • • Conditions of Approval — Air Emission Permits: Condition 1.D. • Suncor requests that this condition be moved to 6.8 — Septic Condition 1.G. • Suncor requests that this condition be revised to allow for temporary use of port -a -ponies until the office building is constructed — SPCC Plan Condition 1.H. • Suncor requests that this condition be removed. There will not be any tanks on this facility. Conditionsof Approval • Conditions Prior to Recording the Plat: — 1.1. Public Works comments • Background and meetings Paving requirements • Other Public Works requirements — 3. Suncor is requesting that the mylar plat be recorded within 120 days, rather than 60 days • Development Standards — 8. Remove -No storage tanks at facility — 21 through 23 Request added language 5 • • • Economics of Oil & Gas in Colorado • Significant reserves in Weld County • Wells have been shut in due to overcapacity and limited storage, pipelines and refineries in the area • Pipelines and associated facilities reduce truck traffic and air quality issues • Local oil production reduces the need for foreign oil • Oil and Gas industry contribute $21 Billion to Colorado (2005 statistics) • 90% due to extraction activities • Oil and Gas industry employs 71,000 people in Colorado (2005 statistics) SUNCOR) Truck Unloading Facility Use by Special Review WINC i ;\.�� 'U_ 4 n ;• , OTETRA TECH 6 Hello