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Home My WebLink About20240398.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa J King, PE, Development Review DATE: October 12, 2023 SUBJECT: USR23-0040 Cervi Enterprises inc 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 a 190 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone District. This project is north of CR 44 and is west of SH 34. Parcel number: 105134000003. Access is onto SH 34. ACCESS Development Review has reviewed the application materials related to access. The parcel has an existing permitted access onto SH 34 (Access Permit No. 419110). To reach this access point, the applicant will use unmaintained ROW for CR 69. ROADS AND RIGHTS -OF -WAY The proposed parcel uses unmaintained County Road 69 right-of-way to access maintained SH 34 east of the parcel. The submitted map shall show any unmaintained rights -of -way or private easements used to access the site from the SH 34, from the lots to and including the maintained state highway access point. The physical location of the road within the right-of-way or easement shall be shown on the map. Reception numbers shall be referenced for right-of-way or easement documents. Please contact Development Review with questions. The property accesses onto State Highway 34. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted map. Reference the documents creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-2163. 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 Traffic information submitted with the application materials indicates that during construction there will be 20 roundtrips per day and that the operation traffic would be only as needed annually. No additional traffic information is needed. 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. The applicant has submitted a drainage report that includes no stormwater detention as the project meets detention exception No. 4 Towers including, but not limited to wind and telecommunication towers. 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 USR map shall be amended to delineate the following: 1. County Road 69 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way from the parcel to and including the connection to SH 34. Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 69 Section Line Right-of-way, not County maintained." (Development Review) 2. Show the Colorado Department of Transportation (CDOT) right-of-way on the map along with the documents creating the right-of-way. (Development Review) 3. Show the approved Colorado Department of Transportation (CDOT) access point on the map and label with the approved access permit number. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has 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 an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Prior to Construction: 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 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. 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: Chris Gathman FROM: Lauren Light, Environmental Health Services DATE: October 9, 2023 RE: USR23-0040 APPLICANT:: Cervi Enterprises Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for a 190 -foot Telecommunications Antenna Tower) in the A (Agricultural) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Screened portable toilets and bottled water can be utilized during construction. We recommend that the following requirements are incorporated into the permit as development standards: 1. During construction, 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. During construction, 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. During construction, 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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the tower. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 5. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain hand sanitizers, be screened from public view, and be removed upon completion of construction. 6. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Referring Agency: Reference Number: Associated Parcel: OGED Reviewer: Review Date: Weld County Oil & Gas Energy Department Referral Comments Weld County Department of Planning Services USR23-0040 105134000003-R4253686 Jennifer Teeters October 11, 2023 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 two 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 two (2) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-46001 Bonanza Creek Energy Operating Company, LLC Mustang V41-34-33XRLNB PR 05-123-44702 Bonanza Creek Energy Operating Company, LLC Longhorn V41-3-4XRLNB PR 3. The parcel includes two (2) abandoned locations (AL) listed in Table 2 below. Additional information regarding these locations are available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator. API Operator Well Title Well Status 05-123-21198 United States Exploration Inc Cervi 42-34 AL 05-123-21197 United States Exploration Inc Cervi 44-34 AL 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. From: Keith, Kevin A (FAA) To: Chris Gathman Subject: RE: Referral Agency Email - Applicant response to USR23-0040 referral comments Date: Wednesday, December 20, 2023 9:41:03 AM 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 morning Chris, Yes, this will be sufficient. Thanks, Kevin From: Chris Gathman <cgathman@weld.gov> Sent: Monday, December 18, 2023 1:00 PM To: Keith, Kevin A (FAA) <Kevin.A.Keith@faa.gov> Subject: FW: Referral Agency Email - Applicant response to USR23-0040 referral comments Dear Mr. Keith, I am not sure that this addresses your referral comments. But, I received the following response from the applicant regarding USR23-0040. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 From: Wells, Matt <Matthew Wells@oxy.com> Sent: Monday, December 18, 2023 12:34 PM To: Chris Gathman <cgathman@weld.gov> Subject: RE: Referral Agency Email - FAA response 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. Chris, I have checked with our team and we have filled out this form on their website and it says, "You do not exceed Notice Criteria". The attached file shows the results of filling out that form. Will this suffice? Matt From: Chris Gathman <cgathman@weld.gov> Sent: Monday, December 18, 2023 9:21 AM To: Wells, Matt <Matthew Wells@oxy.com> Subject: [EXTERNAL] FW: Referral Agency Email - FAA response WARNING - This message is from an EXTERNAL SENDER - be CAUTIOUS, particularly with links and attachments. Matt, Here is the FAA response that was received for USR23-0040. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 From: Keith, Kevin A (FAA) <Kevin.A.Keith@faa.gov> Sent: Monday, December 18, 2023 9:14 AM To: Chris Gathman <cgathman@weld.gov> Cc: Sweeney, John (FAA) <John.Sweeney@faa.gov> Subject: FW: Referral Agency Email 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 morning Chris, For this tower, the developer will need to file a Form 7460 through the Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) https://oeaaa.faa.gov/. Let me know if you have any questions. Thanks, Kevin Keith Community Planner FAA Denver Airports District Office 26805 E. 68th Ave., Suite 224 Denver, CO 80249 (303) 342-1264 From: noreply@weld.gov <noreply@weld.gov> Sent: Monday, October 2, 2023 12:58 PM To: Sweeney, John (FAA) <John.Sweeney@faa.gov> Subject: Referral Agency Email The Weld County Planning Department has received a Planning Use By Special Review application, case # USR23-0040, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR23-0040, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400-6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 From: Keith, Kevin A (FAA) To: Chris Gathman Cc: Sweeney, John (FAA) Subject: FW: Referral Agency Email Date: Monday, December 18, 2023 9:13:50 AM 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 morning Chris, For this tower, the developer will need to file a Form 7460 through the Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) https://oeaaa.faa.gov/. Let me know if you have any questions. Thanks, Kevin Keith Community Planner FAA Denver Airports District Office 26805 E. 68th Ave., Suite 224 Denver, CO 80249 (303) 342-1264 From: noreply@weld.gov <noreply@weld.gov> Sent: Monday, October 2, 2023 12:58 PM To: Sweeney, John (FAA) <John.Sweeney@faa.gov> Subject: Referral Agency Email The Weld County Planning Department has received a Planning Use By Special Review application, case # USR23-0040, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR23-0040, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400-6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov Hello