HomeMy WebLinkAbout20232317.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, DRE
DATE: May 9, 2023
SUBJECT: 2MJUSR23-11-0027 M & M Excavating
The proposal has been reviewed on behalf of the Weld County Department of Public Works and Department
of Planning Services. 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 2nd Amended Use by Special Review Permit
No. USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area
associated with an excavation business) to construct a new building for additional storage space of
equipment and or trucks being repaired or waiting for repair parts along with an additional outdoor storage
area in the A (Agricultural) Zone District.
This project is south of and adjacent to CR 58 and is east of CR 51.
Parcel number 096317200001 RE -4762; 096317200002 Lot B RE -4762.
Access is from CR 58 - AP12-0007 Commercial.
ACCESS
Development Review has reviewed the application materials related to access.
The site has permitted access onto CR 58 (AP12-0007 — Commercial). No other access is requested.
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 58 is a paved 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 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, Sec. 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.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
Latest AADT (2022) on CR 58 counted 325 vpd with 36% trucks. The 85th percentile speed is 47 mph.
The traffic information submitted for the original land use case (USR11-0027) indicated that there would be
15 passenger -vehicle roundtrips per day and 8 truck roundtrips per day.
The updated traffic narrative submitted with the minor amendment application indicated that there would
be 35 passenger -vehicle roundtrips per day, 2 tandem -truck roundtrips per day, and 5 semi -trucks with
trailers roundtrips per day. 50% of the traffic would be going to the east and 50 % of the traffic would be
going to the west.
The updated traffic narrative submitted with this major amendment application indicates that there will be
40 passenger -vehicle roundtrips per day; 5 tandem truck roundtrips per day; and 12 semi-truck/trailer
roundtrips per day.
Based on review of the traffic narrative, a traffic impact study from a professional engineer licensed in the
State of Colorado is required.
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
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
During the original land use case (USR11-0027), an Improvements Agreement was required for on -site
improvements. It was recorded as Rec. No.3858544.
This Improvements Agreement shall be reviewed and revised as necessary based on the information
provided in the final traffic impact study. Based on the traffic counts that have been submitted, auxiliary
lanes may be required on CR 58 at the access point.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: 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, 5 -year storm falling on the undeveloped site for URBANIZING areas.
The original land use application (USR11-0027) did not include a stormwater detention plan. Based on
the site grading plan, it is noted that the stormwater from the site drains north toward CR 58.
The applicant has submitted a preliminary drainage report that proposes stormwater retention for the site.
Stormwater retention requires a variance request and approval by Development Review, as Code only
allows for stormwater detention.
A final drainage report completed by a Colorado Licensed Professional Engineer is required prior to
recording the USR map. The drainage report shall include a variance request to utilize retention rather
than detention and shall address the entire site's stormwater management system. It must include a
certification of compliance stamped and signed by the PE. A Certification of Compliance form can be
found on the Planning Development Review website. General drainage report checklist is available on the
engineering website. More complete checklists are available upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
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, Development Review, 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 an Engineering
representative from the Planning 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.
CONDITIONS OF APPROVAL
A. An acceptable Final Traffic Impact Study, signed and stamped by an engineer licensed in the State of
Colorado, shall be submitted. (Development Review)
B. The existing Improvements and Road Maintenance Agreement (Rec. No. 3858544) shall be reviewed
and revised. (Development Review)
C. A Final Drainage Report with Variance Request and Certification of Compliance stamped and signed
by a Professional Engineer registered in the State of Colorado shall be submitte. (Development
Review)
D. The map shall be amended to delineate the following:
1. County Road 58 is a paved 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 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, approved access width and the appropriate turning
radii on the site plan. (Development Review)
3. Show and label the approved tracking control on the site plan. (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 the accepted drainage features. The stormwater retention pond should be labeled
as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (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. 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 Improvements and
Road Maintenance Agreement. (Development Review)
6. The Improvements and 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 on the site will be maintained. (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: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: May 18, 2023
Re: 2MJUSR23-11-0027 Applicant: M & M Excavation Company
Environmental Health Services has reviewed this proposal for a Site -Specific Development
Plan and 2nd Amended Use by Special Review Permit No. USR11-0027 (an office/repair
shop with outdoor vehicle/equipment storage and vehicle staging area associated with an
excavation business) to construct a new building for additional storage space of equipment
and or trucks being repaired or waiting for repair parts along with an additional outdoor
storage area in the A (Agricultural) Zone District.
Central Weld County Water District and an on -site wastewater treatment system (SP -
1200132) sized for 20 people provides sanitary services. A new OWTS will be installed for
additional employees. Fuel storage must comply with State regulations and have secondary
containment. A Spill Prevention, Control and Countermeasure Plan (SPCC) plan is located
on site.
Environmental Health Services has included the development standards that were previously
approved under 1MUSR22-11-0027.
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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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 abatement plan.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
6. Sewage disposal for the facility shall be by On -site Wastewater Treatment system
(OWTS), as applicable. Any OWTS 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.
8. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as applicable. The facility shall utilize the existing public water supply.
(Central Weld County Water District)
9. Any vehicle washing area shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
10. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
11.All chemicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
12. Process wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
13. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at
all times.
14. If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
15. 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
Weld County Referral
Y
May 5, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: M&M Excavation Company Case Number: 2MJUSR23-11-0027
Please Reply By: June 2, 2023 Planner: Chris Gathman
Project: A Site -Specific Development Plan and 2nd Amended Use by Special Review Permit No.
USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area
associated with an excavation business) to construct a new building for additional storage space of
equipment and or trucks being repaired or waiting for repair parts along with an additional outdoor
storage area in the A (Agricultural) Zone District.
Parcel Number: 096317200001-R5273308 Legal: LOT A REC EXEMPT RE -4762; PART OF E2NW4
SECTION 17, T5N, R64W of the 6th P.M., Weld County, Colorado.
Parcel Number: 096317200002-R5273408 Legal: LOT B REC EXEMPT RE -4762; PART OF E2NW4
SECTION 17, T5N, R64W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to County Road 58; 0.25 miles east of County Road 51.
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
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.
Signature Jennifer Teeters Digitally signed by Jennifer Teeters
Date: 2023.05.10 09:29:53 -06'00' Date 5/10/2023
Agency Weld County Oil and 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: 2MJUSR23-11-0027
Associated Parcel: 096317200001 and 096317200002
OGED Reviewer: Jennifer Teeters
Review Date: May 10, 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 zero (0) active oil and gas wells.
3. The parcel includes two (2) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). 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
05-123-12528
PDC ENERGY INC
Steinmetz 1
PA
05-123-21779
PDC ENERGY INC
Steinmetz 21-17
PA
4. The MUSR 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 COGCC 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: Dickinson - DNR, Wenli
To: Chris Gathman
Cc: Comaniciu - DNR, Ioana
Subject: Re: Referral Agency Email
Date: Monday, May 8, 2023 5:04:17 PM
Attachments: Administrative Statement Regarding the Management of Storm Water Detention Facilities.pdf
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.
Hi Chris,
DWR has reviewed the referral for the MEM Excavation Company's Site -Specific Development Plan and
2nd Amended Use by Special Review Permit No. USR11-0027 to construct an additional building for
storage, which 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 only performed a cursory review of the referral information.
Upon review, it appears that the proposed water supply source for the property is service provided by
an existing tap with the Central Weld County Water District. There are no permitted wells on the
subject property. Therefore our office has no comments on the water supply for this project.
The application materials indicate that a storm water detention structure is located on the subject
property. The applicant should be aware that unless the structure can meet the requirements of a
"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, attached, to ensure that the notification, construction and
operation of the proposed structure meets statutory and administrative requirements. The applicant is
encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, located
at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements.
Please let me know if you have any questions.
Regards,
Wenli Dickinson, P.E.
Water Resource Engineer
P 303.866.3581 x8206
1313 Sherman St, Suite 821, Denver, CO 80203
wenli.dickinson@state.co.us I dwr.colorado.gov
Forwarded message
From: <noreply@weldgov.com>
Date: Fri, May 5, 2023 at 1:13 PM
Subject: Referral Agency Email
To: <SARAH.BRUCKER@state.co.us>
The Weld County Planning Department has received a Planning Major Amendment to USR
application, case # 2MJUSR23-11-0027, 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# 2MJUSR23-11-0027, 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@weldgov.com
COLORADO
Division of Water Resources
Dena-tmer of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
Administrative Statement Regarding the Management of
Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado
February 11, 2016
The Division of Water Resources (DWR) has previously administered storm water detention
facilities based on DWR's "Administrative Approach for Storm Water Management" dated May 21,
2011. Since the passage of Colorado Senate Bill 15-212, that administrative approach has been
superseded. This document describes SB 15-212, codified in section 37-92-602(8), Colorado
Revised Statutes (C.R.S.), and how the law directs administrative requirements for storm water
management. The document is for informational purposes only; please refer to section 37-92-
602(8) for comprehensive language of the law.
Pursuant to section 37-92-602(8), storm water detention facilities and post-wildland fire
facilities shall be exempt from administration under Colorado's water rights system only if they
meet specific criteria. The provisions of SB15-212 apply to surface water throughout the state.
SB15-212 only clarifies when facilities may be subject to administration by the State Engineer;
all facilities may be subject to the jurisdiction of other government agencies and must continue
to obtain any permits required by those agencies.
Storm Water Detention Facilities
Pursuant to section 37-92-602(8), a storm water detention and infiltration facility ("Detention
Facility") is a facility that:
• Is owned or operated by a government entity or is subject to oversight by a government
entity, including those facilities that are privately owned but are required by a
government entity for flood control or pollution reduction.
• Operates passively and does not subject storm water to any active treatment process.
• Has the ability to continuously release or infiltrate at least 97 percent of all of the water
from a rainfall event that is equal to or less than a five-year storm within 72 hours of the
end the rainfall event.
• Has the ability to continuously release or infiltrate at least 99 percent of all of the water
from a rainfall event that is greater than a five-year storm within 120 hours of the end
the rainfall event.
• Is operated solely for storm water management.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 2 of 5
In addition, to qualify for the allowances provided in SB-212, the facility:
• Must not be located in the Fountain Creek watershed, unless the facility is required by or
operated pursuant to a Colorado Discharge Permit System Municipal Separate Storm
Sewer System Permit issued by the Department of Public Health and Environment
pursuant to Article 8 of Title 25, C.R.S.
• Must not use water detained in the facility for any other purpose nor release it for
subsequent diversion by the person who owns, operates, or has oversight over the
facility. The facility cannot be operated as the basis for a water right, credit, or other
water use right.
• Must not expose ground water.
• May include a structure or series of structures of any size.
If the Detention Facility was constructed on or before August 5, 2015 and meets all the
requirements listed above, it does not cause material injury to vested water rights and will not
be subject to administration by the State Engineer.
If the Detention Facility is constructed after August 5, 2015, meets the requirements listed
above, and the operation of the detention facility does not cause a reduction to the natural
hydrograph as it existed prior to the upstream development, it has a rebuttable presumption of
non -injury pursuant to paragraph 37-92-602(8)(c)(II). A holder of a vested water right may bring
an action in a court of competent jurisdiction to determine whether the operation of the
detention facility is in accordance with paragraph 37-92-602(8)(c)(II)(A) and (B) has caused
material injury. If the court determines that the vested water rights holder has been injured,
the detention facility will be subject to administration.
In addition, for Detention Facilities constructed after August 5, 2015, the entity that owns,
operates, or has oversight for the Detention Facility must, prior to the operation of the facility,
provide notice of the proposed facility to the Substitute Water Supply Plan (SWSP) Notification
List for the water division in which the facility is located. Notice must include: the location of
proposed facility, the approximate surface area at design volume of the facility, and data that
demonstrates that the facility has been designed to comply with section 37-92-602(8)(b)
paragraphs (B) and (C). The State Engineer has not been given the statutory responsibility to
review notices, however, DWR staff may choose to review notices in the course of their normal
water administration duties. Not reviewing notices does not preclude the Division Engineer from
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 3 of 5
taking enforcement action in the event that the above criteria are not met in design and/or
operation.
To satisfy the notification requirement, operators are encouraged to use the Colorado
Stormwater Detention and Infiltration Facility Notification Portal developed by Urban Drainage
and Flood Control District ("UDFCD"), located at:
https: / / maperture.digitaldataservices.com/gvh/?viewer=cswdif.
Types of detention Facilities contemplated under this statute include underground detention
vaults, permanent flood detention basins,' extended detention basins,2 and full spectrum
detention basins.3 Storm Water Best Management Practices4 (BMPs) not contemplated above,
including all Construction BMPs and non -retention BMPs, do not require notice pursuant to SB-
212 and are allowed at the discretion of the Division Engineer. Green roofs are allowable as long
as they intercept only precipitation that falls within the perimeter of the vegetated area. Green
roofs should not intercept or consume concentrated flow, and should not store water below the
root zone. BMPs that rely on retention, such as retention ponds and constructed wetlands, will
be subject to administration by the State Engineer.
Any detention facility that does not meet all of the statutory criteria described above, in
design or operation, is subject to administration by the State Engineer.
1 Flood detention basin: An engineered detention basin designed to capture and slowly release peak flow
volumes to mitigate flooding (Urban Drainage and Flood Control, 2010).
2 Extended detention basin: An engineered detention basin with an outlet structure designed to slowly
release urban runoff over an extended time period (Urban Drainage and Flood Control, 2010).
3 Full spectrum detention basin: An extended detention basin designed to mimic pre -development peak
flows by capturing the Excess Urban Runoff Volume and release it over a 72 hour period (Urban Drainage
and Flood Control, 2010).
4 Best management practice: A technique, process, activity, or structure used to reduce pollutant
discharges in stormwater (Urban Drainage and Flood Control, 2010).
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 4 of 5
Post-Wildland Fire Facilities
Pursuant to section 37-92-602(8), a post-wildland fire facility is a facility that:
• Includes a structure or series of structures that are not permanent.
• Is located on, in or adjacent to a nonperennial streams.
• Is designed and operated to detain the least amount of water necessary, for the shortest
duration of time necessary, to achieve the public safety and welfare objectives for which
it is designed.
• Is designed and operated solely to mitigate the impacts of wildland fire events that have
previously occurred.
In addition, to qualify for the allowances provided in SB-212, the facility:
• Must be removed or rendered inoperable after the emergency conditions created by the
fire no longer exist, such that the location is returned to its natural conditions with no
detention of surface water or exposure of ground water.
• Must not use water detained in the facility for any other purpose nor release it for
subsequent diversion by the person who owns, operates, or has oversight over the
facility. The facility will not be operated as the basis for a water right, credit, or other
water use right.
If the post-wildland fire facility meets the requirements listed above, it does not cause material
injury to vested water rights. While DWR recognizes that post-wildland fire facilities are
essential to the protection of public safety and welfare, property, and the environment, DWR
may, from time to time, request that the person who owns, operates, or has oversight of the
post-wildland fire facility supply information to DWR to demonstrate they meet the criteria set
forth above.
If a post-wildland fire facility does not meet all the criteria set forth above, it will be subject
to administration by the State Engineer.
5 DWR may use the National Hydrography Dataset or other reasonable measure to determine the
classification of a stream
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 5 of 5
Resources and References
Colorado Stormwater Detention and Infiltration Facility Notification Portal:
https: / / maperture. digitaldataservices. com / gvh /?viewer=cswdif
Colorado Senate Bill15-212:
http: / /www.leg.state.co. us/CLICS/CLICS2015A/csl. nsf /fsbillcont3/ 13B28CF09699E67087257DE80
06690D8?Openafile=212_enr. pdf
United States Geological Survey National Hydrography Dataset: http://nhd.usgs.gov/
Urban Drainage and Flood Control District 37-92-602(8) explanation memo and FAQ's:
http://udfcd.org/crs-37-93-6028-explanation-memo-and-faqs/
Urban Drainage and Flood Control District. (2010). Urban Storm Drainage Criteria Manual:
Volume 3, Best Management Practices, updated November 2015. Located at:
http://udfcd.org/volunne-three
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
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