HomeMy WebLinkAbout20252975.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: September 18, 2024
SUBJECT: USR24-0019 NGL Water Solutions
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: Site Specific Development Plan and Use by Special Review Permit for uses similar to
an organic composting (Biochar processing), outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
This project is south of and adjacent to County Road 6 and is west of County Road 31.
Parcel numbers: 147128100012 & 147128100013.
Access is from County Road 6.
ACCESS
Development Review has reviewed the application materials related to access.
EXISTING ACCESSES
The site has two unpermitted existing accesses onto County Road 6. The western access is located
approximately 520 feet northwest of the northwesternmost fence post of Lot B of RECX17-0182. The
applicant is proposing to close and reclaim this access.
The application materials reference an eastern access located approximately 1,300 feet west of County
Road 31. The materials state this access is used for agricultural and residential purposes. However, the
referenced access is for the adjacent parcel (Parcel Number 147128100069) and was shown and labeled
on the RE -4808 recorded plat to serve as one access to Lot B of the foregoing recorded exemption. The
Weld County Property Portal's 2022 aerial image and Google's Streetview image show a gate (access) just
to the west of the property line between Lot A of RECX17-0182 and Lot B of RE -4808. This gate is
approximately 1,320 feet west of County Road 31. The location of this gate is consistent with the access
(and corresponding 30' access and utility easement intended to serve Lots A and B) shown on the recorded
RECX17-0182 plat, which was to be the sole access to serve Lots A and B of RECX17-0182. The foregoing
images indicate this access does not serve any residences, and very little, if any, use of this access has
occurred in recent times. This access shall be closed and reclaimed and the accompanying 30' wide access
and utility easement shown on the recorded RECX17-0182 plat shall be vacated.
PROPOSED ACCESS
The applicant is proposing to create one (1) new shared access on County Road 6 (for the benefit of Lots
A and B of RECX17-0182) meeting the 150' minimum access spacing requirement between accesses on
a local road as defined in Table 1 of Section 8-14-30.1., of the Weld County Code. In addition, the applicant
shall provide a minimum 30' wide access and utility easement necessary to provide legal access to both
Lots A and B of RECX17-0182. This access easement shall be created by separate document and
recorded with the Weld County Clerk and Recorder's office. The access and access easement shall be
delineated and labeled on the USR map.
Per Section 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. Minimum access and intersection
spacing requirements are shown in Weld County Code, Section 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 6 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.
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 ADT on County Road 6 counted 233 vpd with 14% trucks. The 85th percentile speed is 48 mph.
The traffic information submitted with the application materials indicates there will be approximately 8
passenger car/pickup truck daily roundtrips, 12 tandem truck daily roundtrips, and 3 semitruck daily
roundtrips on Monday through Friday between the hours of 8 AM and 5 PM. All inbound and outbound
traffic will arrive and depart from the site to the west on County Road 6. 50% of the inbound material will
come from the Vestas Brighton facility (west) and 50% will come from the Tower landfill (south). 100% of
the outbound material will be sent to Biochar Berthoud (north).
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. 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. 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.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Development Review is requesting an Improvements and Road Maintenance Agreement for dust control,
damage repairs to specified haul routes, and triggered off -site improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planninq-and-Zoning/I mprovements-Agreements
It will detail the approved haul route(s), outline when off -site improvements will be triggered, and include a
maintenance agreement for the haul routes.
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/Planning-and-Zoning/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 with off -site triggered improvements is required for this case. 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 create by separate document (and record with the Weld County Clerk and
Recorders office) a 30 -foot -wide minimum access and utility easement needed to provide legal access
to Lots A and B of RECX17-0182.
D. 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)
E. The USR map shall be amended to delineate the following:
1. County Road 6 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 shared access location, the approved access width (40' is the
maximum width allowed at the right-of-way), and the appropriate turning radii (65' is the minimum
radius allowed for commercial uses) on the USR map. Include in the label, "SHARED ACCESS
FOR THE BENEFIT OF LOTS A AND B OF RECX17-0182", and provide all applicable access
types (i.e., Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). The applicant must
obtain an access permit in the approved location prior to construction. (Development Review)
3. Delineate and label (with reception number) the 30 -foot -wide (minimum) access and utility
easement needed to provide legal access to Lots A and B of RECX17-0182. Include in the label,
"FOR THE BENEFIT OF LOTS A AND B OF RECX17-0182".
4. Label the existing access located on the diagonal portion of County Road 6, "TO BE CLOSED AND
RECLAIMED".
5. Label the existing access located approximately 1,320 feet west of County Road 31, "TO BE
CLOSED AND RECLAIMED".
6. Show and label the approved tracking control. (Development Review)
7. 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)
8. Show and label a 30 -foot -wide minimum access and utility easement to provide legal access to the
parcel on the site plan. (Development Review)
9. 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)
10. Show and label the drainage flow arrows. (Development Review)
11. 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 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. 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)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: September 19, 2024
Re: USR24-0019 Applicant: NGL Water Solutions DJ LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special
Review for uses similar to an organic composting (Biochar processing), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
The facility will be served by a permitted well (89154-F) which is authorized for industrial, irrigation,
and commercial. A commercial on -site wastewater treatment system will be installed to serve the
office building.
Dust abatement will consist of utilizing a contracted water truck and application of mag chloride. An
air emission permits (APEN) from the State is required.
There will be a 500 gallon diesel storage tank and an 18,000 gallon propane tank which will have
secondary containment. A spill prevention control (SPCC) and countermeasure plan will be provided.
The facility will require a recycling facility registration through Colorado Department of Public Health
and Environment (CDPHE).
A noise modeling report was completed by Behrens and Associates. The report indicated that with
the addition of 40 feet of 12' panels to the west and 48 feet of 12' panels to the north the facility will
comply with a noise limit of 55 dBA. Noise levels are measured 25' from the property line.
We recommend that the following requirement be met prior to allowing the plat to be recorded:
1. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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 facility
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 shall comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in
accordance with the accepted "dust abatement plan", at all times.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of
Public Health, and Environment, as applicable.
6. The applicant shall submit a Recycling Facility Annual Reporting Form for the previous year to the
Colorado Department of Public Health and Environment, and Weld County Department of Public
Health and Environment.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted
noise modeling report including mitigation measures.
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
9. The owner should be aware that while they may be able to obtain a well permit from the Office of
the State Engineer, Division of Water Resources, the quantity of water available for usage may
be limited to specific uses, i.e. domestic use only, etc. Also, the owner should be made aware
that groundwater may not meet all drinking water standards as defined by the Colorado
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Department of Public Health and Environment. We strongly encourage the owner to test their
drinking water prior to consumption and periodically test it over time.
10. 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.
11. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 ccr
1101-15), as applicable.
12.A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable.
13. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations, as applicable.
14. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall
be available on site, at all times.
15.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.
16. The facility shall notify Weld County of any revocation and/or suspension of any State issued
permit.
17. 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
Submit by Email
Weld County Referral
Y
August 26, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: NGL Water Solutions DJ LLC Case Number: USR24-0019
Please Reply By: September 23, 2024 Planner: Diana Aungst
Project: Site Specific Development Plan and Use by Special Review Permit for uses similar to a
organic composting (Biochar processing), outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
Parcel Number: 147128100012-R8953431 Legal: Lot A of RECX17-0182; PT N2 Section 28, Ti N,
R66W of the 6th P.M., Weld County, Colorado.
Parcel Number: 147128100013-R8953432 Legal: Lot B of RECX17-0182; N2 Section 28, T1 N,
R66W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 6 and about 0.25 miles west of CR 31
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.
44.
Signature 3¢42- Date 8/27/2024
Agency Weld County Oil & Gas Energy
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: USR24-0019
Associated Parcel: 147128100012-R8953431 and 147128100013-R8953432
OGED Reviewer: Rebecca Sears
Review Date: 8/27/2024
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 three (3) 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
05-123-49505
NGL Water Solutions DJ LLC
Roy SWD #1
SI
05-123-49502
NGL Water Solutions DJ LLC
Roy SWD #4
SI
05-123-49501
NGL Water Solutions DJ LLC
Roy SWD #5
SI
3. The parcel includes zero (0) plugged and abandoned (PA) wells.
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.
August 28, 2024
COLORADO
Division of Water Resources
Department of Natural Resources
Chris Gathman, Principal Planner
Weld County Department of Planning Services
Transmission via email: daungst@weld.gov
Re: Case No. USR24-0019, Applicant: Biochar Processing CR 6
Parts of the NW % NE '/4 of Sec. 28, Twp. 1 North, Rng. 66 West, 6t" P.M.
Water Division 1, Water District 2
DWR Assigned Referral No. 32458
Dear Diana Aungst:
We have reviewed the referral for a site specific development plan and use by special review permit
for an organic composting (biochar processing) facility on approximately 33 acres known as Lots A
and B of RECX17-O182. The proposed water supply is well to be constructed under permit no. 89154-
F.
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.
Permit no. 89154-F was issued on May 29, 2024 pursuant to section 37-90-137(4), C.R.S. and the
findings of the State Engineer dated May 29, 2024. The average annual amount of groundwater to be
withdrawn by this well shall not exceed 8.16 acre-feet for industrial, irrigation, and commercial
uses. This permit will expire on May 29, 2025 unless evidence that the well is constructed and the
pump is installed, or a request to extend the permit, are submitted to DWR prior to the expiration.
According to the application, water trucks may supply the water needed for dust control. This office
has no comments on the proposed water supply for the composting operation.
Additionally, according to the application, the property is currently flood irrigated. The specific
water source used for irrigation on the property were not identified, therefore this office cannot
comment on the irrigation on the property.
Lastly, the application materials indicate that a stormwater detention structure may be a part of this
project. The applicant should be aware that unless the structure can meet the requirements of a
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
USR24-0019, Weld County Page 2 of 2
August 28, 2024
"storm water detention and infiltration facility" as defined in section 37-92-602(8), C.R.S., 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 the Colorado Stormwater Detention and Infiltration Facility Notification Portal to meet the
notification requirements.
Please contact Wenli.DickinsonCstate.co.us or 303-866-3581 x8206 with any questions.
Sincerely,
alett4
loana Comaniciu, P.E.
Water Resource Engineer
Ec: File for permit no. 89154-F
COLORADO
Department of Public
Health £t Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
Diana Aungst
Weld County
1402 North 17th Ave Greeley, CO 80631
VIA EMAIL
RE: Referral Agency Email USR24-0019
Dear Diana Aungst,
The Colorado Department of Public Health and Environment's Air Pollution Control Division
(APCD or Division) received a request for an air quality administrative review concerning the
proposed Biochar project as described in your correspondence dated September 17, 2025. The
Division has reviewed the project letter and respectfully offers the following comments.
Please note that the following Air Quality Control Commission (AQCC) regulations may not be
inclusive of the regulations the proposed project will be subject to. It is the responsibility of
the involved parties to determine what regulations they are subject to and follow them
accordingly.
APEN and Regulation No. 3
We note that projects similar to this proposal have included the use of engines and/or
generators. In Colorado, most businesses that are or will be emitting air pollutants above
certain levels are required to report those emissions to the Division by completing an Air
Pollutant Emissions Notice (APEN). This is a two in one form for reporting air emissions and to
obtain an air permit, if a permit will be required. While only businesses that exceed the AQCC
reporting thresholds are required to report their emissions, all businesses - regardless of
emission amount - must always comply with the Colorado AQCC regulations, found here
https://cdphe.cotorado.gov/aqcc-regulations. APEN and permit reporting thresholds are
provided at
https: / /cdphe.colorado.gov/apens-and-air-permits/apen-and-permit-threshold-table.
A permit may not be required if it meets the following criteria:1
• Is a stationary internal combustion engine that is an emergency power generator
that operates no more than 250 hrs/year; or
• Is a stationary internal combustion engine with uncontrolled actual emissions less
than 5 tons per year for each individual criteria pollutant emitted; or
• Is a stationary internal combustion engine with manufacturer's site -rated horsepower
of less than 50
For additional information on exemptions and permitting requirements, please visit
https: / /cdphe.colorado.gov/apens-and-air-permits/common-apen-or-air-permit-exemptions.
Land Development
1 APEN or Permit Exemptions, CDPHE,
https: / /cdphe.colorado.gov/apens-and-air-permits/common-apen-or-air-permit-exemptions
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 3O3-692-2OOO www.colorado.gov/cdphe
Jared Polls, Governor I Jilt Hunsaker Ryan, MPH, Executive Director
We also note that projects similar to this proposal often involve land development. Under
Colorado air quality regulations, land development refers to alt land clearing activities,
including but not limited to land preparation such as excavating or grading, for residential,
commercial or industrial development. Land development activities release fugitive dust, a
pollutant regulation by the Division. Small land development activities are not subject to the
same reporting and permitting requirements as large land activities. Specifically, land
development activities that are less than 25 contiguous acres and less than 6 months in
duration do not need to report air emissions to the Division. It is important to note that even
if a permit is not required, fugitive dust control measures including the Land Development
APEN Form APCD-223 must be followed at the site. Fugitive dust control techniques commonly
included in the plan are included in the table below.
Control
Options
for Unpaved
Roadways
Watering
Paving
Graveling
Use of chemical
Controlling
vehicle
stabilizer
speed
Control
Options
for Mud and
Dirt
Carry -Out
Onto
Paved Surfaces
Gravel entry
Covering
ways
the load
Washing
Not
vehicle
overfilling
wheels
trucks
Control
Options
for
Disturbed
Areas
Watering
Revegetation
Compaction
Wind
Breaks
Synthetic
Application
Controlling
Furrowing
Minimizing
the
or
of
vehicle
the
Natural
a chemical
soil
areas
speed
of disturbance
Cover
stabilizer
for
Slopes
Please refer to the website https://cdphescolorado.gov/apens-and-air-permits for
information on land use APENs and permit forms. Click on "Land Development" to access the
land development specific APEN form. Please contact KC Houlden, Construction Permits Unit
Supervisor, at 303-692-4092, kenneth.houlden@state.co.us if you have any specific questions
about APENs and permit forms.
If you have any other questions or need additional information, please use the contact info
listed above, or e-mail or call me directly. Thank you for contacting the Air Pollution Control
Division about your project.
Sincerely,
Brendan Cicione
Air Quality and Transportation Planner
General SIP Unit
Air Pollution Control Division
Colorado Department of Public Health and Environment
303-691-4104 // brendan.cicione@state.co.us
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 3O3-692-2OOO www.colorado.gov/cdphe
Jared Polls, Governor I Jilt Hunsaker Ryan, MPH, Executive Director
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