HomeMy WebLinkAbout20040751 Weld County Referral
WilDe
October 22, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Duke Energy Case Number 3rd AmUSR-597
Please Reply By November 19, 2003 Planner Kim Ogle
Project Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including a Natural Gas Processing Facility in the A
(Agricultural)Zone District.
Legal Lot 1 thru Lot 4 SE4SW4 & S2 Lot 3 &all Lots 4 & 5 SW4SW4 Section 25, T5N,
R66W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to 49'" Street; east of and adjacent to 35' Avenue.
Parcel Number 0959 25 000057
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) January 6, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
•
Signature \ J Date `b -5\- �3
Agency \,J C, Lo
•
+Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-: EXHIBIT
2004-0751
Applicant: Duke energy
Planner: Kim Ogle Case#:3rd AmUSR
' - .\-_ ---\
/ ___ \ \--___ l__, N
( \\,,,,, .{, y
�i ,
I
25
WCR 35 — \� •
i
) ) (\___. L.:3 ____
51 75 WCR 52' -
am_
0.4 0 0.4 0.8 Miles
Weld County Referral Map
/ N., Highways
Major Roads
NLocal Roads
A/ Railroads
Af/ Streams&Ditches \ /
C 9 PLSS W ri\ E
n.. c-) Soils
CDLakes
40, Floodplains
S
/ West Greeley Cis..Servation District /
(970) 356-8097 a
Case Number 3rd AmUSR- 597
Applicant: Duke Energy
Planner ,Kim Ogle
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Dwellings Small Septic Tank!Prime Farm
Map Soil Name Soil Texture Shallow without Dwellings with Commercial Absorption ! Land (if Additional Comments
Symbol Excavations [ basements basements Buildings Fields irrigated)
13 Cascajo Gravelly Sandy Loam Severe Severe _ jNo
51 Otero Sandy Loam Slight •Slight Slight Slight Slight I No )
75',Vona Sandy Loam Slight Slight Slight Slight Slight Yes
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
)
Produced by the West Greeley Conservation District
a
MEMORANDUM
ratTO: KIM OGLE, PLANNING SERVICES Ink FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH eY DATE: 11/14/2003
R-597
COLORADO CC:
Environmental Health Services has reviewed this proposal for a Mineral Resource Development
Facility. 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 an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application to the Air Pollution Control Division, Colorado Department of Health
and Environment for emissions of criteria, hazardous or odorous air pollutants.
2. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation.
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.
I. EXHIBIT
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 comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
6. This facility shall adhere to the maximum permissible noise levels allowed in the Light
industrial Zone as delineated in 25-12-103 C.R.S., as amended.
7. The facility shall utilize the existing public water supply.
8. All 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).
9. The applicant shall operate in accordance with the approved"waste handling plan".
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons
of the facility.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
2
NOV-20-2003 THU 08 39 AM COUNTY FAX NO. 3046498 P. 01
Weld County Referral
October 22, 2003
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Duke Energy Case Number 3'd AmUSR-597
Please Reply By November 19, 2003 Planner Kim Ogle
Project Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including a Natural Gas Processing Facility in the A
(Agricultural)Zone District.
Legal Lot 1 thru Lot 4 SE4SW4 & S2 Lot 3 & all Lots 4 & 5 SW4SW4 Section 25, T5N,
R66W of the 6th P.M.,Weld County, Colorado.
Location North of and adjacent to 49'" Street; east of and adjacent to s;','" Avenue.
Parcel Number 0959 25 000057
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) January 6,2004
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
D We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. ///7 ^
Comments: rd �/, d (?�
l� rc / G�•fJ� `: eV.ti
,� �p /
Igaz, ktza /.0-X44,„eol / in-
Signature ,�� Date _,'/ Ao/a3
Agency C a vy.
•Weld County Planning Dept. 01555 N. 17th Ave. Greeley, CO.80631 4(970)353-6100 ext.3540 +x(970)304-64 -i EXHIBIT
•
Kim Ogle - RE: Duke Energy Page 1
From: "Jim Flesher" <JFlesher@ci.evans.co.us>
To: <kogle@co.weld.co.us>
Date: 12/29/03 2:17PM
Subject: RE: Duke Energy
Hi Kim:
I tried to call but couldn't get through. We don't have any comments for
the Duke Energy project.
For your other question, all of the right-of-way for Mountainview Dr is
in Evans, as is all of 37th Street. If you were asking about that
property at the southwest corner there, that is not in Evans.
Hope that answers your questions.
Jim
475-1118
Original Message
From: Jim Flesher
Sent: Monday, December 15, 2003 4:04 PM
To: 'kogle@co.weld.co.us'
Subject: Duke Energy
Hi Kim:
Thanks for the phone call. I met with Tim Clancy and Joe
Kuchinski, representatives for Duke Energy, along with our Fire Marshal,
Doug Melby, on Thursday, 12-11, and I don't think we are going to have
any comments, but a couple of the developers in that area are meeting
with them on this Thursday, 12-18, so I would feel more comfortable
waiting until after that meeting to see if the have any concerns. I will
email you as soon as I can, whether or not the City has any comments on
the application. Thanks again.
Jim
a iattioNr
DEPARTMENT OF BUILDING INSPECTION
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO80631
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
' Fax (970) 304-6498
C.
COLORADO
December 1, 2003
Duke Energy
Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone
District.
3rd AmUSR-597
Building Permit BCN-030199 was applied for to place two 60' X 240' vessels on concrete slab
foundations. This permit is on "Zonehold" pending the outcome of this 3rd AmUSR application.
Final inspections and approvals have been conducted for all historical permits.
1. A building permit shall be obtained prior to doing any new work. Building permits will not be
required for the replacement of existing equipment or for the maintenance or repair of existing
equipment.
2. A plan review is required for each permit application. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are
required when applying for the permit.
3. Buildings shall conform to the requirements of the codes adopted at the time of permit
application. Currently, the following codes have been adopted by Weld County: 1997 Uniform
Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002
National Electrical Code and Chapter 29 of the Weld County Code. (Weld County intends to
adopt the 2003 International Building, Residential, Mechanical, Plumbing and Fuel Gas codes
early in 2004).
4. Building height, wall and opening protection and limitations and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback and
offset distances shall be determined by Chapter 23 of the Weld County Code. Offset and
setback distances are measured from the farthest projection from the building.
Please contact me for any further information regarding this project.
Sincerely,cis"Jeff Reif . EXHIBIT
Building Official J
Service,Teamwork, Integrity,Quality
/it (liti;- ::,
MEMORANDUM
I \ 1111
IIII ' TO: Kim Ogle, Planner III DATE: 12/3/2003
FROM: Donald Carroll, Engineering Administrator
COLORADO "/SUBJECT: 3rd AmUSR-597, Duke Energy
The Weld County Public Works has reviewed this proposal; this project falls primarily under the purview of the
Use by Special Review, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and
requirements are as follows:
COMMENTS:
WCR 52 is designated as an arterial road in the Weld County Roadway Classification Plan provided by
Felsburg Holt and Ullevig. There is presently a 60-foot right-of-way. This road is maintained by Weld County.
Weld County Code (Ordinance 80), the required setback measured from the future right-of-way line.
WCR 52 (49th Street) has been identified in the Weld County Roadway Classification Plan map as a future
arterial road, which would require 140-foot right-of-way.
-nEQUIREMENTS:
Future Right-of-Way: The applicant should reserve an additional 20-foot right-of-way for a total of 70 feet
from the center line or section line as future right-of-way.
Access: The application and the aerial view reflect five existing accesses to the facility. The main access
point accommodates mostly of large truck circulation. The additional access points are identified and used for
emergency purposes.
Off-Street Parking: The off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a
manner that will reasonably preserve 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.
In referring a portion of this site, it deals with oil and gas processing to the Department of Health and
Environment as it deals with that type of usage.
Long Term Road Maintenance and Improvements Agreement: The applicant shall update a new Road
Maintenance and Improvements Agreement with the Weld County Public Works Department reflecting the
current owner and operator of the site. Our existing agreement reflects Angie a.k.a. Associated Natural Gas
Incorporated dated 1987.
3rd AmUSR-597 M:\PLANNING\USR-4.DOC
(1 EXHIBIT
3
DRAFT
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003, by and
between the County of Weld, State of Colorado, hereinafter called "COUNTY" AND Duke Energy (3rd
AmUSR-597), hereinafter called "DUKE ENERGY"
WHEREAS, DUKE ENERGY has acquired a Site Specific Development Plan and Special Review
Permit for a mineral resource development facility including a natural gas processing facility in the A
(Agricultural) Zone District, located in Lot I through Lot 4 SE4 SW4 and S2 Lot 3 and all Lots 4 and 5 SW4
SW4 Section 25, T5N, R66W of the 6th P.M., Weld County, Colorado.
WHEREAS the natural gas processing facility will generate an increase in heavy traffic, and
WHEREAS, the existing County roads that serve the gas processing facility will require increased
maintenance and improvement due to the increase in heavy truck traffic, and
WHEREAS, COUNTY and DUKE ENERGY have reviewed maintenance and improvements proposals
put forth by DUKE ENERGY and both parties agree that such maintenance and improvements will enhance the
-^ccessibility and safety of the roads that serve said gas processing facility.
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY and DUKE ENERGY mutually agree as follows:
1. DUKE ENERGY ill provide for the duration any material haulage from its natural gas
processing facility (3rd AmUSR-597), with the legal description of Lot 1 through Lot 4 SE4
SW4 and S2 Lot 3 and all of Lots 4 and 5 SW4 SW4 Section 25, T5N, R66W of the 6th P.M.,
Weld County, Colorado.
a. The DUKE ENERGY designated haul route is defined as follows: out of the main
entrance on to WCR 52 (49th Street) east to U.S. Highway 85, when leaving or returning
to the site.
2. DUKE ENERGY agrees to excavate, repair or patch any damage on said road that has been
created by heavy truck hauling from the natural gas processing facility. The type of repair will
be determined by the County Engineer or his representative. A thirty (30) day time frame from
receipt of our written notice is expected for the repairs to be commenced.
There will be an annual inspection in the spring of the roadways to determine actual conditions
and what work is to be performed that summer if any repairs are needed.
3. At any time in the future, when road dame has increased beyond the point that repair or patching
can reasonably restore the road, DUKE ENERGY will proportionate cost share base on truck
- 1 -
traffic with heavy hauling using the haul route in the reconstruction of those parts of the said
road.
4. When reconstruction is required, DUKE ENERGY shall pay a proportional share of the cost to
reconstruct. The share will be determined by dividing the volume of the site generated trucks by
the total volume of trucks. The County will provide the traffic volumes.
5. DUKE ENERGY will provide testing services and inspection for the construction.
6. The COUNTY will only provide oversight. A registered professional engineer shall provide the
County with a letter that certifies the property installation of the improvements.
7. DUKE ENERGY shall address all the Colorado Department of Transportation (CDOT) access
issues at the intersection of U.S. Highway 85 and 42nd Street.
8. Failure of either party to perform any of its respective obligations hereunder by reason of acts of
God, strike, or acts of any governmental agency or authority having jurisdiction over matters set
forth herein shall excuse timely performance of such obligations, but shall not excuse the
performance of such obligations as soon as reasonably practical. The parties may, however,
mutually consent to excuse a part from performing any obligation, in whole or in part, upon a
showing that performance has been rendered impracticable by reason of FORCE MAJEURE.
10. This Agreement may not be assigned in whole or in part by either party hereto without the
written consent of the other party. Such consent will not be reasonably withheld, conditioned, or
delayed.
11. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the
intention of the parties that the remainder of this Agreement shall not be affected.
12. Should DUKE ENERGY sell its operation, cease operating, file bankruptcy, or in any way
release ownership and responsibility of the permitted property, this Agreement as set forth
herein, shall be terminated. If the aforementioned release should Occur, DUKE ENERGY shall
give a minimum notice of ninety (90) days to the COUNTY before the date of termination. If
the aforementioned release should occur, the COUNTY shall have the option of immediately
terminating this Agreement. Notwithstanding the terms of this paragraph, the requirements of
3rd AmUsR-597 shall not be waived by the terms of this paragraph and the failure to have a
maintenance Agreement in effect may be grounds to revoke 3rd AmUSR-597.
13. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado
Depaitunent of Transportation. During construction, signage shall be posted in accordance with the most
current Uniform Manual on Traffic Control Devices.
14. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any
other person not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
- 2 _
•
15. Indemnification: To the extent authorized by law, DUKE ENERGY agrees to indemnify, save, and hold
the County harmless from and against any and all claims, damages, losses, and judgments, which may be
suffered or incurred by the County as a consequence of any breach by DUKE ENERGY of its obligations
and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In
the event that any dispute shall arise under this Agreement, the prevailing party in such dispute shall be
entitled, in addition to any other relief to which such party may be granted, to recover its reasonable
attorney's fees and court costs incurred in connection with the resolution of such dispute.
16. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint
venture or partnership. Except as provided herein,neither party shall have the right or authority to act for,
or on behalf of, or to enter into any obligations which are binding on the other party to this Agreement.
17. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed by
certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service, to the party
to receive such notice at the following addresses:
Weld County Board of Commissioners (County) Duke Energy(DUKE)
P.O.Box 758 1324 N. 7th Avenue
Greeley, CO 80632 Greeley, CO 80631
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgment of
refusal of delivery of said notice.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first-
above written.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written above.
ATTEST: DUKE ENERGY
By:
By:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: By:
Deputy Clerk to the Board David E. Long, Chair
'''\WPFILES\AGREEMNT\Road-Improv\DukeEnergy-agree.doc
- 3 -
t '' MEMORANDUM
VIlie
TO: Steve Wiatrowski, DATE: December 5, 2003 Health Department
FROM: Donald Carroll, Engineering Administrator
COLORADO
SUBJECT: Liquid Waste Management;
DS-200321
In past sewage sludge applications damage has been done to Weld County roads from the
increased heavy hauling. Therefore, I recommend the following be included on operation standards
or similar requirements:
1 . If Weld County roads are damaged beyond normal wear and tear by the sludge
hauling equipment of the applicant or the applicant's contractor, the applicant or the
applicant's contractor, the applicant will repair the road damage to the satisfaction of
the Public Works Department. The Public Works Department will determine when
this is warranted.
2. Upon notification by Weld County, the applicant will cease hauling operations or
direct his contractors to cease hauling operations until the roads are repaired to the
satisfaction of the Public Works Department. Hauling operations will not be allowed
to resume until the condition of the road allows heavy hauling without damage being
done to the road.
pc: Health Department Referral file
MAPLANN ING\Health-1.doc
Hello