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HomeMy WebLinkAbout20083102.tiff MEMORANDUM • TO: Chris Gathman, Planning Services DATE: September 19, 2008 FROM: Janet Carter E.I., Public Works SUBJECT: USR-1671 Weld County The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: 1. Weld County Road Classification Plan (FHU): (June 2002) O Street and 59th Ave are both collector roads and require an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way for both roadways. This road is maintained by the City of Greeley. 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. REQUIREMENTS: • Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. 3. A 40' radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. {A minimum effective turning radius of forty (40) feet shall be used for accesses intended to accommodate truck traffic. (Weld County Codification Ordinance 2000-1)} Sec.8-2-40 B.Road access design standards. 4. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. 5. The applicant shall utilize the existing access to this parcel. 6. 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. 7. The access width requirements for emergency equipment(fire department) are a minimum of 20 feet. 8. Public Works normally requires that access points to a collector road be limited to half-mile intervals. The County will consider quarter-mile access points if safety issues, roadway capacity, and level of service (LOS) for (collector) are not compromised. Public Works will finalize access points for the proposed development with the applicant, as the final traffic impact study will be needed for evaluation of the locations. • EXHIBIT Page- 1 -of 3 L September 19,2008 M:AWPFILESVCHRISGAUSRVUSR-1671AUSR-I67I PW comments.DOC 2008-3102 9( The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road for a residential access. •. Storm Water Drainage: 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. A final drainage report stamped, signed, and dated by a professional engineer licensed in the State of Colorado is required and shall conform to Weld County CODE 24-7-130.D and Ordinance 2006-7. d. Appropriate design storm periods shall be utilized for the proposed land use, see Weld County CODE Sec. 24-7-130.D Table 24.2 Storm Design Frequencies. e. Final drainage construction and erosion controls plans (conforming to the final drainage report) stamped, signed, and dated by a professional engineer licensed in the State of Colorado shall be submitted with each plan (phase). These plans (storm water management plans) shall be based upon Urban Storm Drainage Criteria Manual methodology as modified by Weld County Ordinance 2006-7. f The applicant is required to comply with all Colorado Department of Health and Environmental • (CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on site. g. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. h. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. is The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N) requirements for anchoring oil and gas facilities located in floodplains and floodways where applicable. 11. Flood Hazard Development Standards: a. The applicant has provided adequate documentation which has been verified, stamped, and signed by a professional engineer. The elevation of the lower floor of the proposed structure is at least one foot above the Intermediate Regional Flood Level or base flood elevation (BFE) at the building site. b. This area IS in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • Page-2 -of 3 September 19,2008 M:\WPFILES\CHRISG\USR\USR-1671\USR-1671 PW comments.DOC A majority 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 0802660609C, dated 9/28/1982. Portions • of lots located in the current effective FEMA 100-yr floodplain may not be buildable. 12. Contact Amy Burry, Utility Coordinator 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. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may be obtained by contacting Amy as well. PC: File USR-1671 • • Page-3 -of 3 September 19,2008 M:\WPFILES\CHRISG\USR\USR-I67I\USR-I67 I PW comments DOC • 4410, a MEMORANDUM TO: CHRIS GATHMAN, PLANNING SERVICES I FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH II SUBJECT: USR-1671 WELD COUNTY C (GRAVEL MINE) COLORADO DATE: 10/15/2008 Environmental Health Services has reviewed this proposal for an open pit gravel mine. An employee office/storage trailer, crusher, fuel tanks and portable processing equipment will be associated with this site. Portable toilets and bottled water may be utilized at the working face of the mine. As this operation is not temporary, an individual sewage disposal system and a permanent water source shall be installed in conjunction with the operation of the employee office. Noise will be restricted to the level allowed in the industrial zone district. This Department will require a noise control plan that should include items such as berms, conveyors and shroud covers. A dust abatement plan is required and should include, application of water, conveyors, reducing vehicle speeds, compaction of road surfaces, berms and covering or watering loaded haul trucks. • 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. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. 2. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. 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. A copy of the permit application shall be submitted to the Environmental Health Services, Weld County Department of Public Health & • Environment. Alternately, the applicant can provide evidence that they are not • subject to this requirement. r 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). 5. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. ,6.. The applicant shall submit a noise control plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. t. Submit documentation to the Environmental Health Services Division of the Weld County Department of Public Health & Environment indicating that a permanent water source is available. 18. 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. 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 for the employee office: 1. An individual sewage disposal system is required for the proposed employee office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. • 2 • 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. 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. /,: 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. The applicant shall operate in accordance with the approved "waste handling plan" at all times. „AC-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 Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. The facility shall operate in accordance with the approved "noise control plan" at all times. -6. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the employee office. 8. Adequate handwashing and toilet facilities shall be provided for all personnel located at or entering the facility. Q'. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. -'10.Portable toilets may be utilized on sites that are temporary locations of the /working face and where the portable processing equipment is located. /Bottled water shall be provided to employees at the temporary locations of the • 3 !working face and portable processing equipment at all times. • 17 ny vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 13.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. ,14.All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 45.The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. 76.The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. f 7.The operation shall comply with all applicable rules and regulations of the State • and Federal agencies and the Weld County Code. • 4 • (Vit Weld County Referral 111kAugust 26, 2008 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Weld County Case Number USR-1671 Please Reply By September 26, 2008 Planner Chris Gathman Project A Site Specific Development Plan and a Special Review Permit for Open Pit Mining and Materials Processing (dry mining), subject to the provisions of Article IV, Division 4 of this Chapter in the A(Agricultural)Zone District. Legal Part NE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to 59'"Ave and approximately 1/4 mile south of O Street. Parcel Number 0805 33 000088 • 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. Weld County Planning Commission Hearing (if applicable) November 4, 2008 ❑ yYe have reviewed the request and find that it does/does not comply with our Comprehensive Plan F�We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Igkii /t'>uu t 1 /2/50/. WL% fantput 5217 r%�/[C� &Asiee % 7<) Pi(11 7/7.0_44 /ztW Signature Date g_01,/,_ Agency • +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 t(970)353-6100 ext.3540 +(970)304-6498 fax 1625 Broadway ye noble Suite 2200 . energy Denver,Colorado 80202 Tel:303.228.4000 September 8,2008 Weld County Pinning DepCItR1011t Fax: 303.228.4280 GREELEY OFFICE ill Division of Reclamation,Mining and Safety SFP 2 9f1(1H 1313 Sherman Street Room 215 Denver,CO80203 7 ECEIVED Re: Weld County, C/O Applegate Group,Inc. I N G Township 6 North,Range 66 West, 6th P.M. Section 33: Sheep Draw Site more located in the Weld County Clerks Office Weld County,CO Ladies and Gentlemen: Under a Development Application Referral received September 3, 2008, Applegate Group, Inc. on behalf of Weld County contacted Noble Energy, Inc. ("NEI") regarding reclamation permit application for future intermittent mining and water storage on the captioned property ("Property"). NEI operates several oil and gas wells (the "Wells") and associated pipelines and facilities located on the Property. NEI is very concerned about the impact the proposed development will have on its ability to continue to develop, produce, operate and maintain the Wells, pipelines and access roads on the Property. NEI has not had direct contact with Weld County or the Applegate Group, Inc. (the "Applicant") relative to this proposal. To date, no agreement has been finalized and NEI has received no written confirmation from the Applicant that NEI's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. NEI requests assurance from the Division of Reclamation, Mining and Safety that the proposed development will not preclude NEI from developing, producing, operating, drilling and maintaining its Wells, related pipelines and access roads. Until this matter is resolved by agreement with the Applicants, NEI is not waiving its rights as a leasehold owner. Any approval of the proposed development should be conditioned upon the preservation of NEI's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and • operations. The proposed development must take into account and provide adequate setbacks from NEI's current well sites,production facilities and pipelines as well as continuous access to these assets. NEI requests that these comments be entered into the record for the proposed development and that we continue to be provided with advance notice of all other hearings affecting the Property. If you have any questions, please feel free to contact the undersigned at(303)228-4020. Sincerely, NOB GY,INC. e dt"B rry"Myhr Special Projects Coordinator CC: Applegate Group,Inc.,Attn: Jennifer Lee, 1499 West 120th,Suite 200, Denver, CO 80234-2759 Weld County, PO Box 758,Greeley CO 80632 P.David Padgett • Q DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices • Alt 401-1 918 10th Street Greeley CO 80631 Phone (970) 353-6100 Ext 3575 WEBSITE: www.co.weld.co.us C. COLORADO Applicant: Weld County September 29, 2008 Case Number: USR-1671 Project: A Site Specific Development Plan and a Special Review Permit for Open Pit Mining and Materials Processing (dry mining), subject to the provisions of Article IV, Division 4 of this Chapter Right, in the A (Agricultural) Zone District. Legal: Part NE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to 59th Ave, and approximately 1/4 mile south of O Street. Parcel Number: 0805 33 000088 IThere are no permits on record for this parcel number. Prior to the start of any construction, alterations, or change of occupancy; 1 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. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review shall be approved and a permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter from the Fire District to ascertain if a Fire Protection District permit is required. Sincere� Robert Powell • Plans Examiner II Service,Teamwork,Integrity,Quality MEMORANDUM • linkTO: Chris Gathman, Planner DATE: August 29, 2008 COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Weld County Department of Public Works do David Bauer, P.E., Representative The Department of Planning Services reviewed the above referenced Use by Special Review application materials and offers the following comments: Per the application materials, the applicant is proposing a Site Specific Development Plan and a Special Use Permit for Mineral Resource Development Facility including open pit mining and material processing in the A(Agricultural) Zone District. Staff reviewed the text associated with the application. The landscape treatment consists of overburden berms and top soil berms placed at an unknown location on the property. From the discussion in the application it appears that an unspecified seed mix will be placed thereby covering the ground plane. Staff strongly suggests that the applicant create visual interest on the berms utilized for long term screening of the facility. Staff reviewed the Extraction Plan for this application. Staff did not review the mining and excavation plan, or any plans associated with the landscape treatment associated with this proposed application. From discussion in the application, all disturbed areas will be reclaimed and seeded with an unknown seed mix for each phase as mining is completed. The discussion text is general and non-specific with no common, • botanical or cultivar species noted. The shape of the reservoir for future water storage could be described as square at best. For the development of a wildlife habitat area, the reservoir shall have an undulating shoreline with terraced shelves to accommodate a wide variety of wildlife species. Further, the applicant shall contact the Colorado Division of Wildlife for direction on how to provide adequate cover and a positive environment to accommodate the newly created habitat area(s). Written evidence of the Colorado Division of Wildlife requirements and methods of implementing said requirements shall be submitted to the DMRS and this office. These comments shall be reflected in the future submittal of the Reclamation and Landscape Plan. Per the application materials, the ground plane will be planted in native and/or drought tolerant grasses. Future correspondence shall identify the species of grass seed mix and whether the mix is to be drilled or broadcast for installation, at what rate and how it is to be irrigated to encourage growth. Future correspondence shall identify the erosion control devices including but not limited to rip-rap and seeding that will be placed within and adjacent to this area. If plant material is proposed, please identify the species and how this plant material will be installed. The applicant shall submit an Improvements Agreement for Public and Private Road Maintenance for review and approval by this office if so determined that one is needed by the Department of Public Works or their representative. End Memorandum. • City of7 \� G�����orado Weld County Planning Department GREELEY OFFICE • Great.From the Ground Up. SEW 3 0 7lnR RECEIVED September 19, 2008 Chris Gathman Weld County Planning Department 918 10`h Street Greeley, Colorado 80631 Subject: USR-1671 Dear Mr. Gathman, Thank you for the opportunity to comment on this Use by Special Review. The City of Greeley has reviewed the application from Weld County and wish to forward the attached review comments from City staff. The City can recommend approval of the proposed Use by Special Review with the included comments satisfactorily addressed. If any questions should arise please feel free to contact me at(970) 350-9824. �cerely, , Brandon o and Planner I cc: Ryan Hollinshead, Staff Engineer Attachment • Community Development-Planning Division • 1100 10th Street,Ste.202,Greeley,CO 80631 • (970)350-9780 Fax(970)350-9800 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. Project Review Comments Date: 9/19/2008 Project Name: WCR 21 :08 City of Location: NE4 of S 33 T6N, R66W Greeley Reviewed By: Brandon Gossard Phone: ( ) 350-9824 Submittal Date 9/4/2008 Department Planning City ID# 1575 Submittal #: 1 Location Page ❑ The site is within the City of Greeley's Urban Growth Boundary and within an area of high ecological impact. Noise Page ❑ The site is within 1000 feet of a residential subdivision in the city and within 300 feet of a residential subdivision in the county. Appropriate measures to mitigate noise should be taken. Trails Page ❑ The Sheep Draw Trail will traverse the site. This is part of a regional trail system, • please indicate how the trail will be taken into account during the mining period. • Friday,September 19,2008 Page 1 of 2 Project Review Comments Date: 9/19/2008 Project Name: WCR 21 :08 ��vYr City of Location: NE4 of S 33 T6N, R66W Greeley Reviewed By: Ryan Hollinshead Phone: (970) 336-4145 Submittal Date 9/4/2008 Department Eng Development Review City ID# 1575 Submittal #: 1 Fire Page ❑ Advisory Please contact Union Colony Fire Rescue authority at 970-350-9510 to obtain permits for above ground fuel tanks or propane tanks, if any will be used on the site. Water and Sewer Page ❑ New Please add the edge of the sanitary sewer easement line to the "TYPICAL MINING SECTION" provided in the top right corner of the page. The proposed slurry wall shall be at least 25'from this sanitary sewer easement line to ensure that this easement is always accessible by truck. If the slurry wall was proposed any closer than 25', the soil may become unstable and may result in the easement being inaccessible for maintenance. Also provide a dimension on the plan as to the separation between the mining boundary and easement boundary. • • Friday,September 19,2008 Page 2 of 2 4 OF C-t0 DEPARTMENT OF NATURAL RESOURCES 9fr � o DIVISIC"1 E' R RESOURCES * * Bill Ritter,Jr. 2008 * * * tErrib, R, Governor 1 y876 �a Harris D.Sherman �p RE Executive Director Chris Gathman A\4 M Dick Wolfe,P.E. Weld County Planning Department Director 918 10th Street Greeley, Co 80631 Re: Weld County Site Specific Development Plan and a Special Review Permit Case No. USR-1671 NE1/4 Sec. 33, T6N, R66W, 6th P.M. Water Division 1,Water District 3 Dear Mr. Gathman: We have reviewed the above referenced proposal for a mineral resource development facility including open pit gravel mining and materials processing. Since the submitted material does not appear to qualify as a "subdivision" as defined in §30-28-101(10)(a), C.R.S., 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 comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. The applicant indicated that the mine operation will be conducted in phases as a dry pit by dewatering the active area with dewatering trenches. A slurry wall will be constructed around the perimeter of the mining area. It is estimated that up to 150,000 tons will be mined on average per year. Pursuant to §37-90-137(11), C.R.S., exposed ground water due to gravel mining operations is considered to be a well and a well permit must be obtained prior to the exposure or use of ground water. Since this proposed gravel pit"well" appropriates water tributary to the over-appropriated South Platte River basin, an approved temporary substitute water supply plan (SWSP)or a Division 1 Water Court approved plan for augmentation that includes depletions associated with all uses of ground water, including evaporation, would be required before a well permit could be issued. In addition, as indicated in the submittal materials, reclamation plans for the site call for a lined water storage reservoir. However, should reclamation plans alter and ground water remains exposed in unlined ponds, then as indicated above, an approved SWSP or a Division 1 Water Court approved plan for augmentation that includes depletions associated with all uses of ground water, including evaporation, would be required. If you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, oiff Jeff Deatherage, P.E. Water Resource Engineer Cc: Jim Hall, Division Engineer George Varra, Water Commissioner, Water District 3 • JD/IDCNVeld County Special Use(Weld) 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 Hello