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HomeMy WebLinkAbout20252606.tiffMEMORANDUM TO: Molly Wright, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: August 13, 2025 SUBJECT: USR23-0041 Korwell Land Holdings LLC (Revised 8-14-25) 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 County Road 40 and is east of County Road 35. Parcel number 105725300019. Access is from County Road 35. ACCESS Development Review has reviewed the application materials related to access. According to the applicant's Overall Site Plan, the applicant is proposing to access onto County Road 35 at a permitted access (AP13- 00429) located approximately 149 feet south of the northwest property corner of the contiguous parcel to the west. The foregoing access permit number is hidden (not visible) in the Weld County Property Portal and contains a note stating the access is in the incorrect location. As a result, the applicant shall contact the Weld County Development Review Access Group to discuss a suitable access location meeting the minimum access spacing criteria listed in Table 1, of Section 8-14-30, of the Weld County Code. Note: The proposed access road shown on the Overall Site Plan connects the project site to County Road 35 by crossing the adjoining parcel to the west (Parcel number 105725300020). Even though the adjoining parcel is currently owned by the project owner, a license agreement providing access across the adjoining parcel may be required so the subject parcel will retain legal access across the adjoining parcel should the adjoining parcel be sold in the future. Per Section 8-14-30.B., an Access Permit is required for access onto a Weld County maintained road. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and 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 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 35 counted 247 vpd with 48% trucks. The 85th percentile speed is 52 mph. The traffic memorandum submitted with the application materials indicates the construction phase of the project should last approximately six (6) months. Below is a screenshot from the memo showing the expected daily vehicle trips and AM and PM peak hour trips. (Note: the out-of-date timelines in the table were removed in the screenshot.) Table 2: Trip Generation Phase Timeline Site Trip Generation During Construction Passenger Trips Time Trucks VebkNs f3enerilted Trip Distribution Primary Trips Enter Exit Enter Exit Grading Daily Volumes 6 6 50% 50% AM Peak Hour (Site) 1 6 90% 10% PM Peak Hour (Site) 1 6 5% 95% General Construction Daily Volumes 12 40 50% 50% AM Peak Hour (Site) 2 40 90% 10% PM Peak Hour (Site) 2 40 5% 95% Demobilization Daily Volumes 6 10 50% 50% AM Peak Hour (Site) 1 10 90% 10% PM Peak Hour (Site) 1 10 5% 95% As Table 1 illustrates, the highest trip generation is expected to occur during the general construction phase in which 12 trucks and 40 passenger vehicles are expected to both enter and exit the site each day. 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 back-to-back 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. ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTION Development Review is requesting a Road Maintenance Agreement for Construction. The agreement will detail the approved haul routes, their maintenance/repair requirements, and appropriate dust control measures to employ when 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. The applicant has submitted Colorado registered Professional Engineer stamped and signed copies of a Final Drainage Report and a Certificate of Compliance form. Both documents meet Weld County's drainage criteria and have been accepted by Development Review. No additional drainage information is needed. 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 for Construction 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. If applicable, the applicant shall submit a recorded copy of a license agreement from the property owner of the contiguous parcel to the west (Parcel number 105725300020). The license agreement shall be for the benefit of the subject parcel and shall provide legal access (for ingress, egress, and utilities) from the subject parcel to County Road 35 and shall be referenced on the USR map by the Weld County Clerk and Recorder's reception number. (Development Review) C. The USR map shall be amended to delineate the following: 1. County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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. Show and label the approved County Road 35 access, the approved access width at the right-of- way, and the appropriate turning radii (65'). Label the access as, "COMMERCIAL ACCESS". (Development Review) 3. Show and label the approved tracking control. (Development Review) 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 (with the Weld County Clerk and Recorder's reception number) the limits of the license agreement needed to provide legal access to the subject parcel, if applicable. (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 applicant shall obtain a Weld County Access Permit. (Development Review) B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) C. 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 for Construction. (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 on -site drainage related features. (Development Review) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Molly Wright From: Lauren Light, Environmental Health Services Date: December 11, 2023 Re: USR23-0041 Applicant: Korwell Land Holdings 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 for both construction and once the site is operational. An air emissions permit from CDPHE is 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. A Spill Prevention, Control and Countermeasure Plan may be required to be available onsite in accordance with State regulations. The applicant is proposing to use floor drains and fiberglass double walled tanks to contain any large lube oil leaks from the compression process for later removal and disposal. According to the Ambient Noise Modeling Report, submitted as part of the application, the site should be able to comply with a residential noise standard. The compressor will be located in an enclosed metal building. The application states: "Based on the planned sound insulation, existing and proposed fencing and landscaping, and existing noise in the area, excess noise is not anticipated to be an issue with the proposed Pintail Compressor Station." 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 Environmental Health 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, 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 should comply with the Colorado Air Quality Commission's air quality regulations. 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 7. 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. 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 Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 9. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 10.Any contaminated soils on the facility shall be removed, treated, or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state, and federal agencies in accordance with all state and federal regulations. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 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, if applicable. 13.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. 14. The applicant shall submit documentation, upon request, that floor drain wastes from the facility is captured in a watertight vault and hauled off for proper disposal. 15. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 16. The applicant shall notify the 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. 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Submit by Email Weld County Referral November 20, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Korwell Land Holdings LLC Case Number: USR23-0041 Please Reply By: December 18, 2023 Planner: Molly Wright 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: 105725000016-R4420986 Legal: NE4 SW4 of Section 25 Township 4 North Range 66 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 40, east of and adjacent to County Road 35 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: Q We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Oil & Gas Energy Department Date December 4, 2023 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: USR23-0041 Associated Parcel: 105725000016 OGED Reviewer: Kelly Holliday Review Date: December 4, 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 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 seven (7) 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 05-123-14923 NOBLE ENERGY INC 25-12F SANDAU & BARTELS SI 05-123-14924 NOBLE ENERGY INC 25-13F SANDAU & BARTELS SI 05-123-16274 NOBLE ENERGY INC 25-14F SANDAU & BARTELS SI 05-123-30078 NOBLE ENERGY INC 25-24 SANDAU K SI 05-123-37763 PDC ENERGY INC K25-65-1HN SANDAU PR 05-123-37764 PDC ENERGY INC K25-66-1HN SANDAU PR 05-123-38087 PDC ENERGY INC K25-62-1HNL Sandau State PR 3. The parcel includes two (2) plugged and abandoned (PA) wells 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 05-123-15330 PDC ENERGY INC 2 L H MILLER UNIT PA 05-123-16275 NOBLE ENERGY INC 25-11F SANDAU & BARTELS 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. Hello