HomeMy WebLinkAbout20240372.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: October 30, 2023
SUBJECT: USR23-0043 H2S2 LLC
The proposal has been reviewed 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 & Gas
Support and Service (fabricating, installing and maintaining containment liners for oil and gas tank battery
operations) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
This project is north of CR 74 and is west of and adjacent to CR 53.
Parcel numbers: 071132100006 and 071132100005 - Lot A RECX17-0186.
Access is onto CR 53 (AP19-00149 — Agricultural)
ACCESS
Development Review has reviewed the application materials related to access.
The parcels have an existing permitted access onto CR 53 (AP19-00149 Agricultural). This was included
on the plat for RECX17-0186 (Rec. No. 4375464).
Based on the fact that the access type will change, the applicant shall submit a new access permit
application and upgrade the access to meet the Code -required Commercial standards.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access with Development Review prior to laying out your site plan
to ensure the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there
shall be no net increase in the number of accesses to a public road. Minimum access spacing are shown
in Weld County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 53 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 site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) 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, Sec. 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.
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 easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/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
There are no recent traffic counts for this portion of CR 53.
Traffic information submitted with the application materials indicates that there will be 15 passenger vehicle
roundtrips per day and 3 delivery truck roundtrips per day.
No additional traffic information is needed, at this time.
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 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. 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. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces.
ROAD MAINTENANCE AGREEMENT
The applicant has an existing Road Maintenance Agreement (Rec. No. 4556160). This Road Maintenance
Agreement includes, but not limited to, dust control and damage repair to specified haul routes.
With the change in proposed use and traffic information, Development Review is requesting that the existing
RMA be reviewed to determine if it is adequate and acceptable for the proposed use and proposed traffic.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoninq/Development-Review .
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
A Final Drainage Report and Drawings were accepted as part of the application materials for USR19-0015.
This USR will be vacated as part of this land use process.
The applicant has submitted a drainage report that states that there will be no additional imperviousness
associated with the proposed use. Therefore, the applicant shall continue to maintain the existing
stormwater management facilities, as they were originally accepted.
No additional stormwater management information is needed, at this time.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. The Road Maintenance Agreement (Rec. No. 4556160) shall be reviewed and revised, as necessary,
for the proposed new use. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. (Development Review)
B. The USR map shall be amended to delineate the following:
1. County Road 53 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 site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) 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. Show and label the approved access location onto CR 53, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain a revised access permit in the
approved location prior to operation. ((Development Review)
3. Show and label the approved tracking control on the site plan. (Development Review)
4. 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 volume.
(Development Review)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
6. 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)
7. Show and label the drainage flow arrows. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
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. 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)
4. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(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. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: November 7, 2023
Re: USR23-0043 Applicant: H2S2 LLC, c/o ECO Services, 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 (fabricating,
installing, and maintaining containment liners for oil and gas tank battery operations) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District.
The existing residence is served by North Weld County Water District and an on -site
wastewater system (OWTS) permitted for 4 bedrooms (SP -0701062). The application
indicates the house will be used as a caretakers residence.
A portable toilet is acceptable for employees or contractors that are on site for less than 2
consecutive hours a day and 2 or less full-time employees on site in accordance with EH
policy.
The liner material will be delivered to the property however sizing and repair will occur mainly
at the various job sites. Fabrication that occurs on site will occur inside a building which will
decrease noise concerns. Dust abatement will consist of watering surfaces as necessary.
Waste will be contained in an on -site dumpster. There will be a 500 gallon fuel tank which will
have secondary containment.
Environmental Health Services recommends that the following requirement be met prior to
recording the plat:
1. In the event the applicant intends to utilize the existing On -site Wastewater Treatment
System, for 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
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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.
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 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.
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.
5. All chemicals must be handled in a safe manner, in accordance with product
labeling. All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations.
6. 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.
7. Adequate drinking, handwashing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes, as necessary.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
8. 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.
9. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
SG
November 14, 2023
COLORADO
Division of Water Resources
Department of Natural Resources
Kim Ogle
Weld County Department of Planning Services
Transmission via email: kogle@weld.gov
Re: ECO Services LLC
Case No. USR23-0043
36679 WCR 53 (Lot A of Recorded Exemption RECX17-0186)
Pt. Section 32, T7N, R64W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
We have reviewed the above referenced application for a Site Specific Development Plan and Use
by Special Review for oil and gas support and services. The submitted material 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 comments regarding the proposed
water supply. The comments will not state an opinion on the adequacy of the water supply or the ability
of the water supply plan to satisfy any County regulations or requirements, and cannot be used to
guarantee the issuance of a well permit or the physical availability of water.
The application is sought to allow the operation of oil and gas support and service business
(containment liner company) on a 9.53 -acre parcel. The property contains a manufactured structure,
commercial shop, greenhouse, equipment building, storage shed, and a utility building. The operations
will be located in the commercial building and the equipment building. The manufactured structure will
be used as a caretaker residence. The shop will be used to store company equipment and vehicles. The
water supply for the property is an existing tap from the North Weld County Water District ("NWCWD").
The applicant provided a copy of a water bill from the NWCWD for the period of July 19, 2023 to August
18, 2023, confirming that water service is presently being provided to the property by the district. This
office considers the NWCWD to be a reliable water source.
Stormwater will be diverted into an existing stormwater detention pond. No additional stormwater
detention facilities are proposed. All stormwater runoff intercepted by this operation must infiltrate into
the ground or be released to the stream system within 72 hours, otherwise the operator will need to make
replacements for evaporation from the surface area of the intercepted stormwater.
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ECO Services LLC November 14, 2023
Case No. USR23-0043 Page 2 of 2
This office has no concerns regarding the proposed Site Specific Development Plan and Use by
Special Review for oil and gas support and services. Should you or the applicant have any questions
related to this matter, please contact Kate Fuller of this office at 303-866-3581 ext. 8245 or
kathleen.fuller@state.co.us.
Sincerely,
74,1u-u.e--L
Kate Fuller, P.E.
Water Resources Engineer
Cc: Referral file no. 31061
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