HomeMy WebLinkAbout20243299.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: September 19, 2024
SUBJECT: USR24-0022 Cass
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 Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas
Support and Service (Compressor Station) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
This project is north of and adjacent to County Road 74 and is west of and adjacent to County Road 79.
Parcel number: 071533000002.
Access is from County Road 74.
ACCESS
Development Review has reviewed the application materials related to access. The applicant is proposing
to use an existing access on County Road 74 and using an existing access permit (APOG20-0060). Per
Section 8-14-30.B.3., a new access permit is required for changing the use or type of traffic of any existing
access location. Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 74 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 USR map the existing right-of-way (along with the 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 future 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.
County Road 79 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 USR map the existing right-of-way (along with the 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 future 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.
County Road 77 is a section line road. Section line right-of-way does not exist in all sections in Weld County
and should be verified before a decision to utilize it is made. Weld County commonly refers to these
locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All rights -of -way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the map. The applicant shall delineate on the USR map the existing right-of-
way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be
dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition
of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the future
right-of-way line. Be aware the physical roadway may not be centered in the right-of-way. This road is NOT
maintained by Weld County.
Per Chapter 8, Article 13, Section 8-13-30.B, 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 easement. Right -of -Way Use Permit instructions and application can be found at:
https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-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 74 counted 697 vehicles per day with 48% trucks. The
85th percentile speed is 51 miles per hour.
The traffic information submitted with the application materials indicates there will be approximately 10
passenger car/pickup truck daily roundtrips and 2 semitruck daily roundtrips once the site is operational.
The expected travel route to and from the site will consist of 4.5 miles of County Road 74 between State
Highway 392 and the County Road 74/unmaintained County Road 77 intersection.
TRACKING CONTROL
The applicant will be using an existing access that has double cattle guards and more than 100' of road
base. No upfront tracking control measures are required.
ROAD MAINTENANCE AGREEMENT
Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust
control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/I mprovements-Agreements
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.
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer (P.E.) is required prior to recording the
USR map. The drainage report must include a Certificate of Compliance stamped and signed by the P.E.
A Certificate of Compliance form and Drainage Review Checklist form can be found at:
https://www.weld.gov/Government/Departments/Planninq-and-Zoninq/Development-Review/Drainage-
Review
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the
property.
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. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (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 applicant shall submit a recorded copy of any agreement signed by all owners of property crossed
by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR
map by the Weld County Clerk and Recorder's Reception number. (Development Review)
D. The plan shall be amended to delineate the following:
1. County Road 74 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 the 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. County Road 79 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 the 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)
3. County Road 77 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the USR map and label it as "COUNTY ROAD 77 Section Line Right -Of -Way, Not County
Maintained." All setbacks shall be measured from the edge of right-of-way.
4. 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)
5. 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)
6. Show and label the drainage flow arrows. (Development Review)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. A new access permit shall be acquired. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
1. 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)
2. 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)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Development Review)
8. 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)
9. 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: September 19, 2024
Re: USR24-0022 Applicant: Jerry Cass, c/o Zen
Midstream, LLC
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Use by Special Review Permit for Oil and Gas Support
and Service, (Compressor Station) outside of subdivisions and historic townsites
in the A (Agricultural) Zone District.
There will be no permanent employees on the site. Portable toilets and bottled
water are required during construction and can be utilized during operation.
An air emissions permit from CDPHE may be required. 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.
Dust mitigation and Waste handling plans were submitted and shall be adhered
to in accordance with the Development Standards.
A Noise Impact Assessment was prepared by Urban Solution Group. According
to the noise study that was submitted, the site would comply with the light
industrial noise standard except for receptor E which was located 25 feet west of
the property and was measured at 69.5 dBA. The Light Industrial noise level is
70 dBA during the day and 65 dBA during the night. Without mitigation the site
will comply with the Industrial noise level of 80 dBA during the day and 75 during
the Night.
Environmental Health Services recommends 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
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
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 accepted 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 accepted dust mitigation plan.
5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit Application and obtain a permit from the Air
Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable.
6. Adequate drinking, handwashing and toilet facilities shall be provided
for employees and patrons of the facility, at all times. As employees or
contractors are on site for less than 2 consecutive hours a day 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, shall contain hand sanitizers and be screened
from the public right of way and neighboring properties.
7. All chemicals on -site 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.
8. 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. All secondary containment will comply
with the Energy and Carbon Management Commission (ECMC)
Commission Rules.
9. The facility shall comply with all provisions of the State Underground
and Above Ground Storage Tank Regulations.
10. The facility shall adhere to the maximum permissible noise levels
allowed in the Industrial Zone as delineated in 25-12-103 C.R.S.
11. The facility shall be constructed and operated to ensure that
contamination of soil and groundwater does not occur.
12. 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.
13. The facility shall notify Weld County of any revocation and/or
suspension of any State issued permit.
14. The facility shall notify Weld County upon receipt of any compliance
advisory or other notice of non-compliance of a State issues permit, and
of the outcome or disposition of any such compliance advisory or other
notice of non-compliance.
15. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
Weld County Referral
Y
August 29, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerry Cass, c/o Zen Midstream, LLC Case Number: USR24-0022
Please Reply By: September 26, 2024 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support
and Service (compressor station) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Parcel Number: 071533000002-R1020986 Legal: ALL OF SECTION 33, T7N, R62W of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to CR 74; west of and adjacent to CR 79.
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.
T
T
F -
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.
9/10/2024
Signature /� Date
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: USR24-0022
Associated Parcel: 071533000002-R1020986
OGED Reviewer: Rebecca Sears
Review Date: 9-10-2024
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 is one active 1041 WOGLA Permit on the associated parcel, identified as
1041WOGLA23-0049 — Bison IV - Barracuda. There are several oil and gas well sites in the area
surrounding the parcel.
2. The parcel includes zero active oil and gas wells.
3. The parcel includes one plugged and abandoned (PA) well listed in Table 2 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
05-123-05283
Prairie Petroleum, Inc.
O'Toole #1
PA
4. The USR 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.
Weld County Referral
August 29, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerry Cass, % Zen Midstream, LLC Case Number USR24-0022
Please Reply By: September 26, 2024 Planner Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support
and Service (compressor station) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Parcel Number 071533000002-R1020986 Legal: ALL OF SECTION 33, T7N, R62W of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to CR 74; west of and adjacent to CR 79.
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.
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 lette
Signature
Agency
Date
91ZoZ9
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
according
to the USDA, Weld
County Soil
Survey.
'
Symbol
Map
Y
Soil
Name
Soil
Texture.
Shallow
Excavations
Dwel
without
ings
Dwellings
basements
with
Small
Commercial
Septic
Absorption
Tank
Prime Farm
Land (if
[Additional
. .
Comments
44 L
Olney
Fine Sandy
Loam
Severe
Slight
Slight
Slight
Slight
Yes '
72
Vona
Loamy Sands
Severe
Slight
Slight
Severe
No
74
Vona [Sandy Loam
Severe
Slight
Slight
Severe
No
The
contact
West Greeley Conservation
our office at (970)
District recommends
356-8097. If you or the
applicant
that
the applicant does an on site
have any questions please feel
soils
test prior
free to call
to any
our office.
construction. For a more complete soils description consult the Weld County Soil Survey or
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Produced by the West Greeley Conservation District
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