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HomeMy WebLinkAbout20242134.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: April 23, 2024 SUBJECT: 1MJUSR24-12-0061 Oil & Gas Support The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District. This project is north of and adjacent to County Road 42 and is east of and adjacent to County Road 49. Parcel number: 105319300037. Access is from County Road 42. ACCESS Development Review has reviewed the application materials related to access and determined the following: • There is an existing, permitted "Residential" access (AP13-00331) on County Road 42 located approximately 530 feet east of County Road 49. This access meets the minimum access and intersection spacing requirements specified in Weld County Code, Section 8-14-30, Table 1. • There is an existing, permitted "Small Commercial" access (AP13-00331) on County Road 42 located approximately 760 feet east of County Road 49. This access meets the minimum access and intersection spacing requirements specified in Weld County Code, Section 8-14-30, Table 1. • No new accesses are proposed with this amendment. ROADS AND RIGHTS -OF -WAY County Road 42 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the amended USR map the existing right-of-way (along with its creating documents) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations. Contact Development Review for the location of the current right-of-way alignment and easements so they can be delineated accurately on the map. The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way line. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easements. Right -of -Way Use Permit instructions and application can be found at: https://www.weld.gov/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest Average Daily Traffic (ADT) on County Road 42 counted 139 vehicles per day with 33% trucks. The 85th percentile speed for this section of County Road 42 is not available. The traffic information submitted with the application materials indicated that there will be approximately 175 daily weekday roundtrips. 35% of the traffic will be going to the north on County Road 49 and 40% of the traffic will be going to the south on County Road 49. 15% of the traffic will be going to the west on County Road 42 and 10% of the traffic will be going to the east on County Road 42. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 feet of asphalt or 300 feet of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 feet of road base, or road base on all driving surfaces. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS An Improvements and Road Maintenance Agreement (Rec. No. 3978862) was executed and recorded in association with USR12-0061. This Agreement shall be reviewed to determine if any updates and/or revisions are needed. DRAINAGE REQUIREMENTS This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the undeveloped site having a 2% impervious value. According to the original USR map, the applicant was only required to provide a 150' X 200' water quality pond, which does not appear to have ever been constructed when viewing the Weld County Property Portal's aerial images captured since 2012. In the amendment application, the applicant has submitted a preliminary drainage report with a detention pond design. A final drainage report completed by a Colorado Licensed Professional Engineer (P.E.) is required prior to recording the amended USR map. The drainage report must include a Certificate of Compliance stamped and signed a P.E. Historic Flows: The applicant will be required to maintain the historical flow patterns and runoff amounts on the 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 runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact Development Review for more information. COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692- 3575. CONDITIONS OF APPROVAL A. The existing Improvements and Road Maintenance Agreement (Rec. No. 3978862) shall be reviewed and revised, as necessary, to address the traffic associated with the proposed use of the site. (Development Review) B. A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) C. The amended USR map shall be amended to delineate the following: 1. County Road 42 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the existing right-of-way (along with its creating documents) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Development Review) 2. The County Highway (County Road 49) is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet (or 180 feet in some locations) of right-of- way at full build out. Contact Development Review for the location of the existing and future right- of-way and easements and delineate these on the map. (Development Review) 3. Show and label the approved access locations and provide appropriate dimensions for the access widths and turning radii as defined in Table 8-3 of Appendix Q of the Weld County Code). Include in the label all applicable usage types (Agricultural, Residential Commercial, and/or Oil & Gas). (Development Review) 4. Show and label the approved tracking control on the USR map. (Development Review) 5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Development Review) 6. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality and detention volumes. (Development Review) 7. Show and label the drainage flow arrows. (Development Review) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than one (1) acre of land is to be disturbed, a Weld County Grading Permit shall be acquired. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) A. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) B. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) C. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) D. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) E. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) F. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) G. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) H. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Diana Aungst From: Lauren Light, Environmental Health Services Date: April 25, 2024 Re: 1 MJUSR24-12-0061 Applicant: Colorado Property Holding Company, LLC Environmental Health Services has reviewed this proposal for a Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District. A commercial water well (294098) provides water and an on -site wastewater treatment system permitted for 7 employees (SP -1400103) serves the site. As the number of on -site employees is stated as ten, an Engineer review of the existing OWTS is required or a new system can be installed. Portable toilets are acceptable for employees that are on -site for 2 or less consecutive hours per day. A nuisance and waste management plan were included which states: Both shops will have floor drains which will be connected to vaults. The vaults will be appropriately sized, alarmed, and cleaned out with a hydro -vac service, as necessary. There will be three fuel storage tanks which shall comply with applicable State regulations. On -site dust will be contained by watering surfaces as necessary. Noise from idling of the trucks was estimated to be 31.4 db(A) at the nearest residence. The residential noise limit shall be adhered to and is measured 25 feet from the property line. Environmental Health Services has included the previous development standards from USR12-0061. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970-304-6452 Public Health 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.) 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. 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. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the approved waste handling plan. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations and the approved dust abatement plan. 5. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 6. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. 7. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water are acceptable. 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 8. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 9. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site, as applicable. 10. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 11.Any on -site wastewater treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On - site Wastewater Treatment Systems. 12. In the event the applicant intends to utilize the existing on -site wastewater treatment system, for additional employee use, the 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 system's 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. 13.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 14.Any vehicle or equipment washing area(s) shall capture all effluent and prevent discharges from the washing of portable toilets, equipment, and vehicles. 15. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 16. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Weld County Referral Y March 27, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Colorado Property Holding Company, LLC Case Number: 1MJUSR24-12-0061 Please Reply By: April 24, 2024 Planner: Diana Aungst Project: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District Parcel Number: 105319300037-R8949956 Legal: LOT A REC EXEMPT RE -1506; PART OF THE SW1/4 OF SECTION 19, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 42; east of and adjacent to CR 49. 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. P P 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. Signature Rebecca Sears Date 4/2/2024 Agency Weld County Oil & Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: 1MJUSR24-12-0061 Associated Parcel: 105319300037-R8949956 OGED Reviewer: Rebecca Sears Review Date: 4/2/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel includes zero (0) active oil and gas wells. 3. The parcel includes one (1) plugged and abandoned (PA) wells listed in Table 1 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-13508 Noble Energy Inc. Victor C #19-13 PA 4. The 1MJUSR lands may include additional oil and gas related infrastructure, such as off - location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral March 27, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Colorado Property Holding Company, LLC Case Number: 1MJUSR24-12-0061 Please Reply By: April 24, 2024 Planner Diana Aungst Project: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District Parcel Number: 105319300037-R8949956 Legal: LOT A REC EXEMPT RE -1506; PART OF THE SW1/4 OF SECTION 19, T4N, R64W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 42; east of and adjacent to CR 49. 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. 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 etter. Signature EST GREELEY CONSERVATION DISTRICT Agency _ Date Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations accordinto the USDA Weld Count Soil Survey. Map Symbol 51 Soil Name Soil Texture Otero 70 Valent Sandy Loam Sand Shallow Excavations Slight Severe we 'rigs Dwellings with Small Septic Tank without basements Commercial Absorption Slight Slight Slight Slight Slight Slight • Slight Prime Farm Land (if No Additional Comments No 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. WEST GREELEY CONSERVATI DISTRICT Produced by the West Greeley Conservation District Aso April 1, 2024 COLORADO Division of Water Resources Department of Natural Resources Diana Aungst Weld County Department of Planning Services Transmission via email: daungst@weldgov.com Re: Colorado Property Holding Company, LLC-Amendment to Site Specific Development Plan and Use by Special Review Case no. 1MJUSR24-12-0061 Part of SW '/a of the SW '/a, Sec. 19, T4N, R64W, 6th P.M. Lot A of Recorded Exemption RE -1506 Water Division 1, Water District 2 Dear Diana Aungst: We have received the March 27, 2024 proposal for a major amendment to a site -specific development plan and use by special review permit no. USR12-0061 for expansion of an Oil and Gas Support and Service Facility. 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 and March 11, 2011 memorandums 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. Well permit no. 294098 was provided with the referral materials. Well permit no. 294098 was issued pursuant to § 37-92-602(3)(b)(I), C.R.S. for a well on 8.69 acres (subject property). The well is currently permitted to withdraw up to 1/3 acre-foot per year (108,600 gallons) from the tributary Laramie Formation, to be used for drinking and sanitary purposes for a commercial business. If the applicant intends to use well no. 294098 for any other uses besides drinking and sanitary purposes for a commercial business, the well must first be re -permitted as a non-exempt well pursuant to a Water Court approved augmentation plan. The applicant should be aware that any proposed detention pond for this project, must meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), Colorado Revised Statutes, otherwise the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification requirements. Should the applicant retain storm water beyond those requirements of storm water detention and infiltration facility, the applicant would need to acquire a water right and a water court approved augmentation plan in order to retain the water out of priority. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director 1MJUSR24-12-0061 Page 2 of 2 April 1, 2024 If you or the applicant have any questions, please contact Ailis Thyne of this office at 303-866-3581 x8216 or at ailis.thyne@state.co.us. Sincerely, loana Comaniciu, P.E. Water Resource Engineer Ec: Referral no. 31270 Well permit no. 294098 Diana Aungst From: Hannah Dutrow <hdutrow@agpros.com> Sent: Monday, July 22, 2024 1:50 PM To: Diana Aungst Cc: Tim Naylor; Kelsey Bruxvoort Subject: 1 MJUSR24-12-0061 Atlas - Response to DWR Referral Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Diana — We are currently working through the options available for Atlas to address the DWR referral. At this time, we are evaluating the requirements to connect to CWCWD as we believe this to be the best option. Should Atlas choose to not pursue the CWCWD process, we expect we'd need to work through a well augmentation process. Please let us know if you need anything else. Thank you, Hannah Dutrow Land Planner AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 cell 970-535-9854 ax www.agpros.com .. AGPROfessionals ■■ MMERCURY FASTEST -GROWING PRIVATE COMPANIES 2022 HONOREE NORTHERN COLORADO BizWest 1 Hello