HomeMy WebLinkAbout20223152.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: October 3, 2022
SUBJECT: USR22-0026 Calvary Farms
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
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 Use by Special Review Permit, for Oil and Gas
Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and
related tanks and ancillary equipment outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
This project is north of and adjacent to CR 78 and is west of and adjacent to CR 39.
Parcel numbers: 070919400011 Lot B RE16-0112, 07091900018.
Access is onto CR39 (AP18-00098 Oil and Gas)
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed that the existing permitted access onto CR 39 be used for this project. (AP18-
00098 Oil and Gas) No other access point 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 location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
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 widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
CR 39 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
CR 78 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
Per, 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/departments/publicworks/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
The most recent traffic counts (2020) for this portion of CR 39 found the annual average daily traffic is 973
vehicles per day with 18% trucks. The 85th percentile speed is 64 miles per hour.
A preliminary Traffic Impact Study was submitted. It indicates there will be approximately 296 large trucks
and 4 pick-up trucks per day of which 50% will travel north and 50% will travel south on CR 39.
A Final Traffic Impact Study shall be submitted.
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 asphalt or 300 ft. of asphalt. As this is an existing site,
tracking control may be existing.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
Development Review is requesting an Improvements and Road Maintenance Agreement for dust control,
damage repairs to specified haul routes, possible triggered off -site improvements and up -front off -site
improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review.
It will detail the approved haul routes, outline the required up -front off -site improvements, designate when
other off -site improvements will be triggered, and include a maintenance agreement for the haul routes.
The upfront off -site improvement include but are not limited to auxiliary lanes for acceleration and
deceleration on CR 39 at the access point.
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.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Development Review website. General drainage
report checklist is available on the engineering website.
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 Development Review 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 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 Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements. (Development
Review)
B. A Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the State of
Colorado is required. (Development Review)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
D. The USR map shall be amended to delineate the following:
1. CR 39 is a paved road and is designated on the Weld County Functional Classification Map as an
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. CR 78 is a gravel road and is designated on the Weld County Functional Classification Map as an
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)
3. Show and label the existing permitted access location, approved access width and the appropriate
turning radii on the USR map. (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. Stormwater ponds should be labeled as
"Stormwater Detention, 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)
Prior to Construction:
A. The required 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 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. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Maxwell Nader
From: Ben Frissell, Environmental Health Services
Date: October 10, 2022
Re: USR22-0026 Applicant: Bayswater Exploration and Production, 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, including Class
II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary
equipment 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. Portable toilets and bottled
water are acceptable for employees or contractors that are on site for less than 2 consecutive
hours a day in accordance with EH policy.
There will be no floor drains and washing of vehicles or equipment will not occur on site.
We recommend that the following requirements be incorporated into the permit as conditions
that must be met prior to the acceptance of waste:
1. The facility shall submit a Groundwater Monitoring Plan for review and approval to
the Weld County Department of Public Health and Environment.
2. The applicant shall submit design plans of the offload pad area which should
incorporate a sub -sump monitoring point and synthetic liner, for review and approval,
to the Weld County Department of Public Health and Environment.
We recommend that the following requirements be incorporated into the permit as development
standards:
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
1. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will
require an amendment to this Use by Special Review Permit.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Adequate drinking, handwashing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. For employees or contractors that 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 and shall contain hand sanitizers. Portable toilets shall be screened from
existing adjacent residential properties and public rights -of -way.
8. 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
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Systems. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes.
9. All chemicals on -site 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.
10. 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 Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
11.A leak detection system shall be designed and installed beneath concrete unloading
pads, piping, and sumps. The unloading pad shall be kept in good condition.
12.As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
13. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
14. The facility shall comply with the accepted Groundwater Monitoring Plan.
15. Analytical waste data and environmental monitoring data shall be made available to
Weld County Department of Health and Environment upon request. The Weld County
Department of Health and Environment reserves the right to require additional
monitoring.
16. 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.
17.All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the storm water is not adequately controlled on the
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
site, upon written notification from the WCDPHE or CDPHE, a comprehensive site -wide
Stormwater Plan shall be developed and implemented. The plan must be approved, in
writing by the WCDPHE or CDPHE, prior to implementation.
18. 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, as applicable.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as set forth in Section 25-12-103, C.R.S.
20. WCDPHE shall be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will
be disposed of off -site, in accordance with all state and federal rules and regulations
and with Weld County Code. Documentation of closure activities will be provided to
WCDPHE.
21. The facility shall notify the County of any revocation and/or suspension of any State
issued permit.
22. 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.
23. 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
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