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HomeMy WebLinkAbout20211397.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Public Works DATE: February 3, 2021 SUBJECT: USR21-0005 Cannon Land 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 Use by Special Review Permit for oil and gas support and service specifically midstream activities (compressed natural gas (CNG) fill station) outside of subdivisions and historic townsites in the A (Agricultural) Zone. This project is north of and adjacent to CR 22 and is east of CR 31. Parcel number 130910000006. Access is from CR 22. ACCESS Weld County Public Works has reviewed the application materials related to access. The site uses a permitted existing access point onto County Road 22 (AP15-00581 — approximately 4,000 feet east of the intersection of CR 22 and CR 31). No additional 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 Public Works 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 22 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 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 or reserved per Weld County Code. 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.comidepartments/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 (2019) on CR 22 counted 2,369 vpd with 44% trucks. The 85th percentile speed is 63 mph. The traffic information submitted with the application materials indicated that there will be approximately 45 daily roundtrips: 20 passenger employee vehicles and 25 CNG delivery trucks. 80% of the traffic will be going to the west and 20% of the traffic will be going to the east. The traffic information shall be updated to include traffic associated with the proposed construction activities. 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 Public Works 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 Public Works is requesting an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, and triggered off -site improvements. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved haul route(s), outline when off -site improvements will be triggered, and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of 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. An Improvements and Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control, damage repair to specified haul routes, and triggered off - site improvements. (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. An updated Traffic Letter, that addresses construction traffic, is required. (Department of Public Works) D. The plan shall be amended to delineate the following: 1. County Road 22 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 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. Show and label the approved access location, approved access width, and the appropriate turning radii on the site plan. (Department of Public Works) 3. Show and label the approved tracking control on the site plan. (Department of Public Works) 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. (Department of Public Works) 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. (Department of Public Works) 6. Show and label the drainage flow arrows. (Department of Public Works) 7. 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. 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 Improvements Agreement. (Department of Public Works) 6. The Improvements 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 r1 couNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall From: Ben Frissell, Environmental Health Services Date: February 17, 2021 Re: USR27-0005 Oil and Gas Support, Certarus 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, specifically midstream activities (compressed natural gas (CNG) fill station) outside of subdivisions and historic townsites in the A (Agricultural) Zoned District. The site currently does not have any potable water source or a commercial on -site wastewater treatment system (OWTS). An engineered soil evaluation and OWTS design were presented as part of the application, but no septic permit has been applied for and no well permit has been offered as an update to their application. Environmental Health requested that a noise audit be conducted to ensure the facility could comply with the historical standard (Light Industrial indicated in USR15-0077) or lower. To date, the audit has not been conducted. As indicated in the application, there will be no fuel stored onsite and washing of vehicles will occur inside the new building and wash water contained. We recommend that the following requirements be met prior to recording the plat: 1. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. 2. An On -Site Wastewater Treatment system is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System (OWTS) Regulations. We recommend that the following requirements be incorporated into the permit as development standards: Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services I cic: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-304-6470 Fux: 970-304-6411 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health 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, shall contain hand sanitizers and be screened from the public right of way and neighboring properties. 7. 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. 8. All potentially hazardous 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. 9. As applicable, 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. 10. 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. 11. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 12. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 13.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. 14. 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. 15.Any vehicle or equipment washing areas 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. 16. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in 25-12-103 C.R.S. 17. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 18. 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. 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. EMERGENCY MANAGEMENT OEM — Office of Emergency Management Director: Roy Rudisill 1150 "O" Street PO Box 758 Greeley, CO 80632-0758 Phone 970-304-6540 Fax 970-336-7242 www.co.weld.co.us February 2, 2021 To: Michael Hall Planner II Planning and Zoning Reg: USR21-0005 — WCR 22 CNG Fill station Dear Mr. Hall, Weld County Office of Emergency Management (WCOEM) has completed our review of the documentations provided for this USR21-0005. Upon our review of this project, we will require an approved Emergency Action Plan (EAP) for the WCR 22 CNG Fill station. Once we have received an EAP for the WCR 22 CNG Fill station we will complete a review of the plan and contact the owner if there are any questions or approve the EAP. A facility EAP template can be found on the Weld County Office of Emergency Management Website, under the LEPC page or can be found by using the link below. https://www.weldgov.com/UserFiles/Servers/Server_6/File/Departments/OEM/LEPC/FacilityEmergency ActionPlan.doc Once an EAP is completed for this project, please provide a copy to Dave Burns, Sr. Emergency Management Coordinator, Weld County Office of Emergency Management. Please do not hesitate to contact us if you have any questions. Dave Burns, CO-CEM, MEP I Sr. EM Coordinator Office of Emergency Management Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR21-0005 OGED Reviewer: S. Bryant Knigge Review Date: February 26, 2021 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. We have completed our review of the proposal and have no conflicts to the proposed activities. We have included additional comments below: Comments 1. There are no active or proposed WOGLA Permits in the USR project area. 2. The USR project area includes a portion of a Location Assessment for Pipeline (LAP), LAP19-0001. OGED requests that the Applicant coordinate operations in proximity to the pipeline easement with the pipeline operator. 3. The USR project area includes seven (31) active oil and gas wells, listed in Table 1 below and shown on the attached map. 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 05-123-07434 CRESTONE PEAK RESOURCES OPERATING LLC 2 IONE PR 05-123-20799 CRESTONE PEAK RESOURCES OPERATING LLC 31-10 IONE PR 05-123-21326 CRESTONE PEAK RESOURCES OPERATING LLC 41-10 IONE PR 05-123-32270 CRESTONE PEAK RESOURCES OPERATING LLC 8-2-10 IONE PR 05-123-32271 CRESTONE PEAK RESOURCES OPERATING LLC 4-2-10 IONE PR 05-123-32273 CRESTONE PEAK RESOURCES OPERATING LLC 6-0-10 IONE PR 05-123-36686 KERR MCGEE OIL & GAS ONSHORE LP 14N-10HZ CANNON PR 05-123-36687 KERR MCGEE OIL & GAS ONSHORE LP 35C-10HZ CANNON PR 05-123-36688 KERR MCGEE OIL & GAS ONSHORE LP 13N-10HZ CANNON SI 05-123-36689 KERR MCGEE OIL & GAS ONSHORE LP 35N-10HZ CANNON PR 05-123-36693 KERR MCGEE OIL & GAS ONSHORE LP 36N-10HZ CANNON PR 05-123-36694 KERR MCGEE OIL & GAS ONSHORE LP 13C-10HZ CANNON SI 05-123-36695 KERR MCGEE OIL & GAS ONSHORE LP 34C-10HZ CANNON PR 05-123-36696 KERR MCGEE OIL & GAS ONSHORE LP 14C-10HZ CANNON PR 05-123-36774 CRESTONE PEAK RESOURCES OPERATING LLC 1B -10H IONE PR 05-123-36775 CRESTONE PEAK RESOURCES OPERATING LLC 1E -10H IONE PR 05-123-36776 CRESTONE PEAK RESOURCES OPERATING LLC 1D -10H IONE PR 05-123-36777 CRESTONE PEAK RESOURCES OPERATING LLC 1F -10H IONE PR 05-123-36779 CRESTONE PEAK RESOURCES OPERATING LLC 1A -10H IONE PR 05-123-36780 CRESTONE PEAK RESOURCES OPERATING LLC 1G -10H IONE PR 05-123-10070 CRESTONE PEAK RESOURCES OPERATING LLC 11 IONE SI 05-123-19712 CRESTONE PEAK RESOURCES OPERATING LLC 32-10 IONE PR 05-123-19749 CRESTONE PEAK RESOURCES OPERATING LLC 43-10 IONE SI 05-123-19957 CRESTONE PEAK RESOURCES OPERATING LLC 44-10 IONE SI 05-123-20731 CRESTONE PEAK RESOURCES OPERATING LLC 34-10 IONE SI 05-123-20869 CRESTONE PEAK RESOURCES OPERATING LLC 33-10 IONE SI 05-123-20882 CRESTONE PEAK RESOURCES OPERATING LLC 42-10 IONE PR 05-123-23130 CRESTONE PEAK RESOURCES OPERATING LLC 6-4-10 IONE PR 05-123-32298 CRESTONE PEAK RESOURCES OPERATING LLC 8-6-10 IONE PR 05-123-32354 CRESTONE PEAK RESOURCES OPERATING LLC 6-8-10 IONE SI 4. The proposed project area includes eight (2) plugged and abandoned (PA) wells listed in Table 2 below and shown on the attached map. 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 05-123-20137 KERR MCGEE OIL & GAS ONSHORE LP 3-10A HSR-Cannon PA 05-123-20623 CRESTONE PEAK RESOURCES OPERATING LLC 41-9 Davis PA 5. The USR area includes eight (8) abandoned locations (AL), shown in Table 3 and shown on the attached map. These wells were not spud and the permits have been vacated byCOGCC. API Operator Well Title Well Status 05-123-34796 ENCANA OIL & GAS (USA) INC 4A -10H IONE AL 05-123-34948 ENCANA OIL & GAS (USA) INC 4B -10H IONE AL 6. The USR area may include additional oil and gas related infrastructure, such as off -location flowlines, not regulated by Weld County. OGED requests that the applicant review 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. WELD COUNTY it , �,� A , l'_;` ONLINE MAPPINCi • Map Tale • i.• _ y A' Legend Parcels , fieOil .,. „. r +� A Weld and Oil Producing and Gas Gas Wells Location As: - Active -.. r 1 ' TI'YCOXe?ice ' n:'. a�W17 �•:.n • Permit ~ '! M 4 a Dulling ,.' vs _ • ' a �, 0Infection ' Ili� ' " � Shut In f. r ::V _ wit:�Lal8-oo11., _ai 41 i Temporarily Abandoned •' �r.► r r �. k: , .: ,; -',,3 ti x - . -.ill • 4 4 e. Waiting on Completion Gas Storage / Monitoring h ',.•,, Y �; ►-: ..' _ ;. -'`,,ac _ �r # r" �; i .. Oil • and Abandoned Plugged Dry Gas Wells Location and Abandoned and Abandoned Inactive }c- y,4 _---. '. P �-�a o -. ;r T. t } F' ��• ; ,,,_ ` 1 • ' �. Location Other Assessment for Pipel n Natural Gas r . �. , .. a s z= SAPT.s, 1 K "1. wr �, -, .# Petroleum -� ,., Highway ,r yy r ! .l. } r , X T s M,r , ' Road Road r— �L r s Highway , L j County Boundary • 1:26,811CD �_ _-__ _ - R .. Notes ,_ -'--' �� 54.E •` 4,468.5 0 2,234.23 4,468.5 Feet This map is a user generated static output from an Internet mapping site and is for layers WGS c, Weld reference only. Data 1984 Web Mercator_Auxiliary_Sphere County Colorado that THIS appear MAP on IS NOT this map TO current, BE may or USED may or not be accurate, otherwise reliable. FOR NAVIGATION Michael Hall From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Tonya Johnson Tuesday, April 27, 2021 9:46 AM Michael Hall Jose Gonzalez; Tonya Johnson Cannon Land/Certarus - 15759 CR 22 - Building Permits Follow up Flagged Michael, I looked up the parcel and found the following that would need to be addressed through a new building permit. If there are additional pieces of equipment and/or buildings they would also need to be addresses; however, this is what we have that has not been completed. OGP18-0092: Permit was never issued but the work appears to have been completed - A new permit is required MCC #2 - 455 SF RES35 STRUCTURAL STEEL MCC BUILDING ON SLAB - 3 LIGHT POLES ON CAISSONS - INCLUDES ELECTRIC - CERTARUS - CNG FILL STATION - USR15-0077/SUBX15-0037 OGP19-0076: Permit expired 5/21/20 w/out having all inspections completed - A new permit is required 96 SF RES 35 PREFAB STRUCTURAL STEEL BUILDING ON SLAB WITH ASSOCIATED EQUIPMENT - ELECTRICAL INCLUDED - COLORADO INTERSTATE GAS COMPANY - HIGH FIVE METER STATION - LAP19-0001 ASN19-0164: Permit was never issued a new permit is required for a commercial use - need updated description 6,120 SF POLE FRAME STORAGE BUILDING ON SLAB W/ REBAR REINFORCEMENT & 4" CONCRETE PAD WI FIBER MESH REINFORCEMENT - FOR COLD STORAGE, TOOLS, SEASONAL USE MAINTENANCE EQUIPMENT - NO UTILITIES If you have any questions please feel free to contact our office. Thank you, Tonya Johnson Weld County Building Compliance 1555 N 17th Avenue Greeley, Colorado 80631 tel: 970-400-3529 trjohnson@weldgov.com 1 Kerr A/eGee February 16, 2021 VIA E-MAIL Weld County Department of Planning Services Michael Hall 1555 N. 17th Ave Greeley, Colorado 80631 mhall@weldgov.com NOTICE OF RIGHT-OF-WAY GRANT OWNED BY KERR-McGEE GATHERING LLC Re: USR21-0005 Cannon Land Company — Property Owners Township 2 North, Range 66 West, 6th P.M. Section 10: Part of the SE4 Weld County, Colorado Mr. Hall: This letter is being sent by Kerr-McGee Gathering LLC ("KMGG") to inform you KMGG is the owner of a valid easement and pipelines located in the SE4 of Section 10, Township 2 North, Range 66 West for which Weld County Department of Planning Services ("Town") is reviewing USR21-0005. KMGG is submitting this comment timely, in accordance with the Town's procedural requirements. The following are comments in support of this Notice: 1. KMGG is the owner of a valid Right -of -Way Grant that was executed on February 15, 1973 and recorded on February 20, 1973 with the Weld County Clerk and Recorder at reception number 1607482. Referenced Right -of -Way Grant contains pipeline numbers 16 -73 -2 -24 -West and 16-13-768-12. KMGG does not object to the proposed USR21-0005 provided the applicant does not encroach on KMGG's pipelines and conforms to the terms of the Right -of -Way Grant identified above. Please contact me at 970-515-1846 if you have any questions or comments about this matter. Sincerely, KERR-McGEE GATHERING LLC Paul Gerrish Senior Landman cc: Murph Shelby, Lead Counsel Brett Cavanagh Jake Billadeau Heather Bennett Kelly Reyos Submit by Email Weld County Referral February 1, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Cannon Land Company, c/o Certarus, Ltd Case Number: USR21-0005 Please Reply By: March 1, 2021 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for oil and gas support and service, specifically midstream activities (compressed natural gas (CNG) fill station) outside of subdivisions and historic townsites in the A (Agricultural) Zoned District. Parcel Number: 130910000006 -RS 168386 Legal: SUBX15-0037, BEING A PART OF THE E2/N2NW4 SECTION 10, T2N, R66W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO CR 22; APPROXIMATELY 0.7 MILES EAST OF CR 31 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • 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 Date 02-02-2021 Platteville-Gilcrest Fire Protection District Agency Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax Platteville-Gilcrest Fire Protection District P.O. Box 407 303 Main Street Platteville, CO 80651 970.785.2232 • FAX 970.785.0139 February 02, 2021 Michael Hall Weld County Planner Weld County Department of Planning Services Concerning USR21-0005 Cannon Land Company, c/o Certarus, Ltd To Whom It May Concern, Thank you for the opportunity to review USR21-0005 application and site map material. The Platteville-Gilcrest Fire Protection District has some comments and concerns that probably can be addressed after the approval of this USR. However, we find it helpful to the applicants to let them know of these items as early as possible, so we may cut off misunderstandings that may occur later in the process. Items for which we have comments or concerns. As provided in IFC 2012, 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the International Building Code, as shown: 4. Group S-1 fire area used for the repair of commercial trucks or buses where the fire area exceeds 5,000 square feet (464 square meters). In this case the Group S-1 fire area would need to be 5,000 square feet or less and the horizontal assemblies separating it from other occupancies will be required to have a fire -resistance rating of 2 hours. I look forward to working with you all in this process and if you have questions or concerns please contact me when ever needed. Respectfully, 771/ //7 JeffCogburn Fire Inspector CFI -I, CFPE PlatteviIle-Gilcrest Fire Protection District Submit by Email Weld County Referral February 1, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: Cannon Land Company, c/o Certarus, Ltd Case Number: USR21-0005 Please Reply By: March 1, 2021 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for oil and gas support and service, specifically midstream activities (compressed natural gas (CNG) fill station) outside of subdivisions and historic townsites in the A (Agricultural) Zoned District. Parcel Number: 130910000006-R5168386 Legal: SUBX15-0037, BEING A PART OF THE E2/N2NW4 SECTION 10, T2N, R66W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO CR 22; APPROXIMATELY 0.7 MILES EAST OF CR 31 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. 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. See Public Works Comments Todd A. Hodges 2 22 21 Signature Date City of Fort Lupton Agency Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax COME PAINT YOUR FUTURE WITH US Planning & Building 130 S. McKinley Avenue Phone: 303.857.6694 Fort Lupton, CO 80621 Fax: 303.857.0351 www.fortlupton.orq Weld County Planning Department RE: USR21-0005 Referral Response Request February 22, 2021 Dear Mr. Hall, Thank you for inviting the City of Fort Lupton to review and comment on USR52021-0005. Please find our comments below. • CR 31 is designated an arterial in the City's Transportation Plan Future ROW of 110'. ROW reservation for 55' west of section line requested. CR 22 is likely to be an arterial in the City's future Transportation Plan with a future ROW of 110'. Request ROW reservation shown on drawing is adequate. Thank you, Magaly Morales-Tejada, Administrative Planning Assistant February 4, 2021 COLORADO Division of Water Resources Dcoartmcnt of Natural RCscl rces Michael Hall, Planner Weld County Department of Planning Services Transmission via email: mhall@weldgov.com Re: Use by Special Review Permit (Cannon Land Company clo Certarus Ltd) Case No. USR21-0005 Part of the SE 1/4 of Sec. 10, T 2N, R 66W, 6th P.M. Water Division 1, Water District 2 Dear Maxwell Nader: We have received your February 1, 2021 proposal for a use by special review permit for an oil and gas support service, specifically midstream activities (compressed natural gas fill station). The special use permit is requested in order to add a 6,100 square -foot building to the property to function as an office, storage, and shop for the maintenance of vehicles. The Land subject of this application is 10 acres (of a 403 -acre -parcel) Leased by the Cannon Land Company to Certarus Ltd Located in the SE 1/4 of Sec. 10, T 2N, R 66W, 6th P.M. 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. There are no permitted production wells located on the subject property. Estimated water demand and proposed uses were not clearly defined. According to the submitted material, water may be used for drinking purposes and washing vehicles. The water supply source will be a proposed well. The ability for the owner to obtain well permit(s) and the allowed use(s) will be determined at the time application(s) are submitted to and reviewed by the State Engineer's Office. According to the submitted material, a detention pond located on the property will be increased in size. The applicant should be aware that unless the structure(s) 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, to ensure that the notification, construction and operation of the proposed structure(s) meet statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal to meet the notification requirements. If you or the applicant have any questions, please contact Wenli Dickinson of this office at 303-866-3581 x8206 or at Wenli.Dickinson@state.co.us. Sincerely, w-ahna Williams, P. E. Water Resource Engineer Ec: Referral no. 27515 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Michael Hall From: Localreferral - CDPHE, CDPHE <cdphe_localreferral@state.co.us> Sent: Friday, February 05, 2021 4:09 PM To: Michael Hall Subject: Re: Referral Agency Email Follow Up Flag: Follow up Flag Status: Flagged 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. COLORADO Department of Public Health Er Environment Thank you for contacting the Colorado Department of Public Health and Environment (CDPHE). Please note that the following requirements and recommendations apply to many but not all projects referred by local governments. Also, they are not intended to be an exhaustive list and it is ultimately the responsibility of the applicant to comply with all applicable rules and regulations. CDPHE's failure to respond to a referral should not be construed as a favorable response. Hazardous and Solid Waste The applicant must comply with all applicable hazardous and solid waste rules and regulations. Hazardous waste regulations are available here: https://www.colorado.gov/pacific/cdphe/hwregs. Solid waste regulations are available here: https://www.colorado.gov/pacific/cdphe/swregs. Applicable requirements may include, but are not limited to, properly characterizing all wastes generated from this project and ensuring they are properly managed and disposed of in accordance with Colorado's solid and hazardous waste regulations. If this proposed project processes, reclaims, sorts, or recycles recyclable materials generated from industrial operations (including, but not limited to construction and demolition debris and other recyclable materials), then it must register as an industrial recycling facility in accordance with Section 8 of the Colorado Solid Waste Regulations. The industrial recycling registration form is available here: https://www.colorado.gov/pacific/cdphe/sw-recycling-forms-apps. If you have any questions regarding hazardous and/or solid waste, please contact CDPHE's Hazardous Materials and Waste Management Division (HMWMD) by emailing comments.hmwmd@state.co.us or calling 303-692-3320. Water Quality 1 The applicant must comply with all applicable water quality rules and regulations. The Water Quality Control Division (WQCD) administers regulatory programs that are generally designed to help protect both Colorado's natural water bodies (the clean water program) and built drinking water systems. Applicants must comply with all applicable water quality rules and regulations relating to both clean water and drinking water. All water quality regulations are available here: https: / /www. colorado. gov/ pacific /cdphe/water-quality-control-commission -regulations. Clean Water Requirements Applicable clean water requirements may include, but are not limited to, obtaining a stormwater discharge permit if construction activities disturb one acre or more of land or if they are part of a larger common plan of development that will disturb one or more acres of land. In determining the area of construction disturbance, WQCD looks at the entire plan, including disturbances associated with utilities, pipelines or roads constructed to serve the facility. Please use the Colorado Environmental Online Services (CEOS) to apply for new construction stormwater discharge permits, modify or terminate existing permits and change permit contacts. For CEOS support please see the following WQCD website: https://www.colorado.gov/pacific/cdphe/cor400000-stormwater-discharge or contact: Email: cdphe_ceos_support@state.co.us orcdphe_wqcd_permits@state.co.us CEOS Phone: 303-691-7919 Permits Phone: 303-692-3517 Drinking Water Requirements Some projects may also need to address drinking water regulations if the proposed project meets the definition of a "Public Water System" per the Colorado Primary Drinking Water Regulations (Regulation 11): A Public Water System means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a community water system or a non -community water system. Such term does not include any special irrigation district. Such term includes: (a) Any collection, treatment, storage, and distribution facilities under control of the supplier of such system and used primarily in connection with such system. (b) Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system. If applicable, the project would need to meet all applicable requirements of Regulation 11 including, but not limited to, design review and approval; technical, managerial and financial review and approval; having a certified operator; and routine monitoring and reporting. For questions regarding drinking water regulation applicability or other assistance and resources, visit this website: https: / /www.colorado.gov/ pacific/cdphe/tools-drinking-water-facilities-managers If you have any other questions regarding either clean or drinking water quality, please contact CDPHE's WQCD byemailingcdphe.commentswqcd@state.co.usorcalling303-692-3500. Air Quality The applicant must comply with all relevant state and federal air quality rules and regulations. Air quality regulations are available here: https://www.colorado.gov/pacific/cdphe/aqcc-reps. Air Pollutant Emissions Notices (APENs) and Permits 2 Applicable requirements may include, but are not limited to, reporting emissions to the Air Pollution Control Division (APCD) by completing an APEN. An APEN is a two in one form for reporting air emissions and obtaining an air permit, if a permit will be required. While only businesses that exceed the Air Quality Control Commission (AQCC) reporting thresholds are required to report their emissions, all businesses - regardless of emission amount - must always comply with applicable AQCC regulations. In general, an APEN is required when uncontrolled actual emissions for an emission point or group of emission points exceed the following defined emission thresholds: Table 1 APEN Thresholds Pollutant Category UNCONTROLLED ACTUAL EMISSIONS Attainment Area Non -attainment Area Criteria Pollutant 2 tons per year 1 ton per year Lead 100 pounds per year 100 pounds per year Non -Criteria Pollutant 250 pounds per year 250 pounds per year Uncontrolled actual emissions do not take into account any pollution control equipment that may exist. A map of the Denver Metropolitan Ozone Non -attainment area can be found on the following website: http://www.colorado.gov/airquality/ss_map_wm.aspx. In addition to these reporting thresholds, a Land Development APEN (Form APCD-223) may be required for land development. Under Colorado air quality regulations, land development refers to all land clearing activities, including but not limited to land preparation such as excavating or grading, for residential, commercial or industrial development. Land development activities release fugitive dust, a pollutant regulation by APCD. Small land development activities are not subject to the same reporting and permitting requirements as large land activities. Specifically, land development activities that are less than 25 contiguous acres and less than 6 months in duration do not need to report air emissions to APCD. It is important to note that even if a permit is not required, fugitive dust control measures included the Land Development APEN Form APCD-223 must be followed at the site. Fugitive dust control techniques commonly included in the plan are included in the table below. Control Options for Unpaved Roadways Watering Paving Graveling Use of chemical stabilizer Controlling vehicle speed Control Options for Mud and Dirt Carry -Out Onto Paved Surfaces Gravel entry ways Covering the load Washing vehicle wheels Not overfilling trucks Control Options for Disturbed Areas Watering Revegetation Compaction Wind Breaks Application of a chemical stabilizer Controlling vehicle speed Furrowing the soil Minimizing the areas of disturbance Synthetic or Natural Cover for Slopes Additional information on APENs and air permits can be found on the following website: https://www.colorado.gov/pacific/cdphe/air/do-you-need-an-apen. This site explains the process to obtain APENs and air quality permits, as well as information on calculating emissions, exemptions, and additional requirements. You may also view AQCC Regulation Number 3 at https://www.colorado.gov/pacific/cdphe/aqcc-regs for the complete regulatory language. 3 If you have any questions regarding Colorado's APEN or air permitting requirements or are unsure whether your business operations emit air pollutants, please call the Small Business Assistance Program (SBAP) at 303- 692-3175 or 303-692-3148. Asbestos and Lead -Based Paint In Colorado there are regulations regarding the appropriate removal and handling of asbestos and lead - based paint as part of a demolition, renovation, or remodeling project. These regulations are presented in AQCC Number 8 (asbestos) and Number 19 (lead -based paint) which can be found on the following website: https://www.colorado.gov/cdphe/aqcc-regs. These regulations may require the use of, or inspection by, companies or individuals that are certified to inspect or remove these hazards prior to renovation or demolition. APCD must also be notified of abatement or demolition activities prior to beginning any work in the case of asbestos. For additional guidance on these regulations and lists of certified companies and individuals please visit_the following website for asbestos: https://www.colorado.gov/cdphe/categories/services-and- information/environment/asbestos and the following website for lead -based paint: https://www.colorado.gov/pacific/cdphe/categories/services-and-information/lead. If you have any questions about Colorado's asbestos and lead -based paint regulations or are unsure whether you are subject to them please call the Indoor Environment Program at 303-692-3100. If you have more general questions about air quality, please contact CDPHE's APCD by emailing cdphe.commentsapcd@state.co.usorcalling303-692-3100. Health Equity and Environmental Justice CDPHE notes that certain projects have potential to impact vulnerable minority and low-income communities. It is our strong recommendation that your organization consider the potential for disproportionate environmental and health impacts on specific communities within the project scope and if so, take action to mitigate and minimize those impacts. This includes interfacing directly with the communities in the project area to better understand community perspectives on the project and receive feedback on how it may impact them during development and construction as well as after completion. We have included some general resources for your reference. Additional Resources: CDPHE's Health Equity Resources CDPHE's Checking Assumptions to Advance Equity EPA's Environmental Justice and NEPA Resources On Mon, Feb 1, 2021 at 4:14 PM <noreply@weldgov.com>wrote: The Weld County Planning Department has received a Planning Use By Special Review application, case # USR21-0005, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Michael Hall 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# USR21-0005, 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: Michael Hall at 970-400-6100 Thank you, Michael Hall 4 1555 N 17th Ave Greeley, CO 80631 970-400-6100 mhall@weldgov.com CDPi1E COLORADO Department of Public Health & Environment cdphelocalreferral@state.co.us I colorado.gov/cdphe 5 Hello