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Home My WebLink About20210169.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: September 30, 2020 SUBJECT: 3MJUSR18-07-1604 NGL C-6 Facility The Weld County Department of Public Works has reviewed this proposal. 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 3rd Amended Use by Special Review Permit for Oil and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and obtain a Certificate of Designation, pursuant to C.R. S. §30-20-104 and continued use of the facilities to include, Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility parking and maintenance for 18 NGL company produced water tankers and other operation support commercial vehicles; facility offices; outdoor storage of materials and equipment accessory to an allowed use (new, used and obsolete oil field equipment, including empty frac tanks and staging frac tanks), as long as the materials are screened from adjacent lots and rights -of -way; a company vehicle only wash bay, maintenance/mechanic shop, fueling station and accessory structures associated with the operation of the facility and up to 18 cargo (Conex) containers outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of CR 28 and is west of and adjacent to CR 39. Parcel number 121330400017. Access is from CR 39. ACCESS Weld County Public Works has reviewed the application materials related to access. Access for this site utilizes an existing permitted access (AP14-00273 and AP12-00004) on County Road 39, at a location approximately 765 feet north of County Road 28. The existing access meets the minimum access spacing requirements for a collector roadway per Weld County Code, Sec. 8-14-30, Table 1. No new accesses are being proposed with this project. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. The applicant shall check with the Public Works Access Specialist, Tiffnee Lamb (phone: 970-400-3718), to determine if a new access permit will be required with this amendment. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 39 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. County Road 28 east of County Road 39 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. County Road 28 west of County Road 39 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right- of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads. If the right- of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. 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 the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. Per, Sec. 8-13-30.8, 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 Latest ADT on CR 39 counted 1,636 vpd with 45% trucks. The 85'h percentile speed is 65 mph. The traffic information submitted with the application materials indicates that the access will have approximately 20 water truck roundtrips per day, 1 tandem truck roundtrip per day, and 25 miscellaneous vehicle roundtrips per day. 50% of the traffic will go to the north on County Road 39 while 50% of the traffic will go south. According to the applicant's traffic letter, the project access currently operates at a LOS of A and will continue to do so through the year 2040. The LOS A is due in part to nonconforming northbound and southbound deceleration turn lanes into the site. The auxiliary turn lanes are nonconforming because they lack the recommend lengths for a 55 mph posted speed limit roadway as specified in the Colorado State Highway Access Code manual. However, when employing the Access Code's auxiliary turn lane requirements it should be noted that per the AM and PM Peak Hour traffic volumes identified in the applicant's traffic letter, no southbound right turn deceleration lane is currently required, nor will it be through the year 2040. In addition, the peak hour volumes indicate that no northbound left turn deceleration lane will be required until 2040. 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. 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. A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. ROAD MAINTENANCE AGREEMENT Public Works is requiring a new Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/U SR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. 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 Public Works 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, 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 an Engineering representative from the Public Works 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. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The plan shall be amended to delineate the following: 1. County Road 39 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. (Department of Public Works) 2. County Road 28 east of County Road 39 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. (Department of Public Works) 3. County Road 28 Section Line (west of County Road 39) is shown to have 30 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate and label the existing and future rights -of -way (along with the documents creating the existing right- of-way) on the site plan. Show and label the section line Right -of -Way as "CR 28 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of the future right-of-way. (Department of Public Works) 4. Show and label the approved access location, required access width (a maximum of 40' wide measured at the right-of-way) and the appropriate turning radii (60') on the site plan. The applicant shall obtain an access permit in the approved location prior to construction, if deemed necessary by the Public Works Access Specialist. (Department of Public Works) 5. Show and label the approved tracking control on the site plan. (Department of Public Works) 6. 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. (Department of Public Works) 7. Show and label any existing access and utility easements associated with the parcel. (Department of Public Works) 8. 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. (Department of Public Works) 9. Show and label the drainage flow arrows. (Department of Public Works) 10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 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. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 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. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) •.''�.�86i �u r�,, couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Kim Ogle From: Ben Frissell, Environmental Health Services Date: September 21, 2020 Re: 3MJUSRI8-07-1604 NGL Injection and Waste Disposal Facility Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and 3rd Amended Use by Special Review Permit for Oil and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and obtain a Certificate of Designation, pursuant to C.R. S. §30-20-104 and continued use of the facilities to include, Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility parking and maintenance for 18 NGL company produced water tankers and other operation support commercial vehicles; facility offices; outdoor storage of materials and equipment accessory to an allowed use (new, used and obsolete oil field equipment, including empty frac tanks and staging frac tanks), as long as the materials are screened from adjacent lots and rights - of -way; a company vehicle only wash bay, maintenance/mechanic shop, fueling station and accessory structures associated with the operation of the facility and up to 18 cargo (Conex) containers outside of subdivisions and historic townsites in the A (Agricultural) Zone District The site is serviced by an existing OWTS, SP -1500186, designed to accommodate up to 9 employees 24 hours a day 7 days a week. A commercial well, permit 272956, provides potable water to the site. It should be noted that an additional filtration system is installed. An Engineering Design and Operations Plan was submitted and the CDPHE conducted a "technical review" of the EDOP. The Final EDOP (Revision 1) was submitted and WCDPHE considers this the "approved EDOP". We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health 8 Clinical Services Icic: 9:0 304 6420 Fax: 9/0-301-6416 Environmental Health Services Tele:970-304-6415 Fox: 970-304-6411 Communication, Education 8 Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness 8 Response Tele:970-304-6470 Fax: 970 304-6462 Public Health We recommend that the following requirements be incorporated into the permit as development standards: 1. The facility shall operate in accordance with the approved Engineering Design and Operations Plan (EDOP). Modifications to the Engineering Design and Operations Plan may be required due to deviations from the approved use at the facility and/or regulatory changes. If such changes occur, approval of the modification will be required from the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment. 2. Operations will not extend past Certificate of Designation boundaries of the property. 3. The facility shall adhere to the conditions incorporated into the Certificate of Designation. 4. 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. 5. The facility shall receive and manage only those materials that are described in the approved EDOP and materials approved in accordance with the Waste Identification Plan included in the EDOP. 6. All wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad leak detection system shall be constructed and operated in accordance with the approved design. The unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and other wastes from building up on the pad. 7. 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. $. 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 the approved EDOP and with Chapter 14, Article 1 of the Weld County Code, at all times. 9. Fugitive dust shall attempt to be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. 10.A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 11.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. 12.AII 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 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. 13. 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 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 14. 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. 15.All potentially hazardous 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.Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE review upon request. 17. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will comply with the Closure Plan outlined in the approved EDOP. Documentation of closure activities will be provided to WCDPHE. 18.Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, 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. 19.Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 20. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. 21.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. 22. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 23. 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. 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. KERR-MCGEE GATHERING LLC 1099 18' STREET, SUITE 1$00 DENVER, COLORADO 80202 *gar October 5, 2020 VIA L amAm Weld County Department of Planning Services Kim Ogle 15551`x. 17th Avenue Greeley, CO 80631 NOTICE OF RIGHT-OF-WAY GRANT OWNED BY KERB-McGEE GATHERING LLC Re: Case Number: 3MJUSRI S-07-1604 NGL Water Solutions ICJ, LLC - Applicant Township 3 North, Range 65 west, 6th P.M. Section 30: Part of the S/2 of the SE/4 Weld County, Colorado Mr. Ogle: This letter is being sent by Kerr-McGee Gathering LLC; ("KMGG") to inform you KMGG is the owner of valid easements, right-of-way grants and pipelines located in the S2 of the SE/4 of Section 30, Township 3 North, Range 65 west for which the weld County Department of Planning Services ("County") is reviewing Case Number: 3MJUSR.18-07-1604. KMGG is submitting this comment timely, in accordance with the County's procedural requirements. KMGG does not object to the Applicant's Development Plan, provided Applicant conforms to the terms of the applicable easements and right-of-way grants. Please contact me at 720-929-3714 if you have any questions or comments about this matter. Sincerely, KERR-McGEE GATHERING LLC Grant Gerrard Senior Landman cc: Murrill Shelby, Lead Counsel Brett Cavanagh Jake Billadeau Heather Bennett Kelly Reyos A SUBSIDIARY OF ANADARKO PETR©LEUIv1 CORPORATION Platteville-Gilcrest Fire Protection District P.O. Box 407 303 Main Street Platteville, CO 80651 970.785.2232 • FAX 970.785.0139 September 15, 2020 Kim Cagle} Weld County Planner Weld County Department of Planning Services Case Number: 3 JUSR.18-07-1604 Applicant: NGL Water Solutions DJ, LL To Whom It May Concern, Thank you for the opportunity to review the referral for MJU R 18-07-1604. After consideration of the information provided, I have the following comments.. 1. All new additional building plans, i.e. "Manufactured structure office", shall be submitted to the Platteville-Gilcrest Fire Protection District for Fire and Life Safety Plan Review prior to construction. We have adopted the 2012 International Fire Code for all structureslb uildings lying within our district boundaries. Any Change in use, or change of occupancy, of any structure may require a Fire and Life Safety Plan Review. . The current occupancy is responding to and correcting violations to the IFC 2012 fire and life safety code but are not complete. There were violations the year prior ear that took more than the typical time to correct, My hope is that this practice will not continue in the future. Once again thank you for the opportunity to respond to this referral and if I can be of further assistance or answer question regarding the above information please contact the by an of the y following methods. Office Phone (970) 785-2232 ext. 115 Cell Phone (720) 597-4'35 Email 'co bum d.oro Best Regards, Jeff Cogbum, CFI -I, CFPE Fire Inspector, PGFPD 4 October 2, 2020 COLORADO Division of Water Resources Department of Natural Resources Kim Ogle Weld county Department of Building and Planning Services Transmitted via email: kogleweldgov.us Re N L Water Solutions DJ, LLC - Site Specific Development Plan and 3rd Amended Use by Special Review Case no. 3MJ USR1-07-16o4 '/2 of the SE %, Sec. 30, T3N, R65w, 6th P.M. Water Division 1, water District 2 Dear Kim Ogle, The Applicant is requesting a site specific development plan and an amended use by special review permit for continued use of the facility and for Oil and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes. 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. A review of our records found well permit nos. 78801 -F -R and 272956 located on the property. Weil permit no. 7BBo1 o f -R was issued on December 17, 2015 pursuant to section 37-90- 137(4), c . R. S, to withdraw 22.5 acre-feet per year of groundwater from the nontri butary Laramie -Fox Hills aquifer for commercial purposes. The well can be used to serge the business as long as the well is operated in accordance with the terms and conditions of the well permit* well permit no, 272956 was issued on March 12, 2007 pursuant to section 37-92-602(3)(b)(1), C.R. , to withdraw ground water from the nontributary Laramie -Fox Hills aquifer, The allowed use of the well is for drinking and sanitary facilities for a commercial business. Water from the well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. The well can be used to serve the business as long as the well is operated in accordance with the terms and conditions of the well permit. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.goviwater ,dared S. Robs, Governor Dar? Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director NGL Water Solutions DJ, LLC Site Specific Development Plan and 3rd Amended Use by Special Review October 22 2020 Page 2 of 2 Should you or the applicant have any questions, please contact Adis Thyne at antis thynestate,00.us. in,erely, 4,anna Williams, PI, Water Resource Engineer E : permit file 78801 -F -R and 272956 Hello