HomeMy WebLinkAbout20203536 MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Melissa J King, PE, Public Works
DATE: October 13, 2020
I- O U_ N r�` - SUBJECT: 1 MJUSR20-15-0048 Pawnee Waste
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 Amended Use by Special Review Permit for a
solid waste disposal site and facility (a designated commercial exploration and production waste
management facility) that will receive non-hazardous wastes that may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically enhanced naturally occurring radioactive
materials (TENORM) pursuant to Colorado Sate Statute and as defined and regulated by CDPHE and
obtain a Certificate of Designation, pursuant to Section 30-20-104 CRS, in addition to accepting C&D Waste
and Industrial Waste the addition of 2 new storage building and a company only heavy equipment parking
area outside of Subdivision and Historic Townsites in the A(Agricultural) Zone District
This project is south of and adjacent to a section of unmaintained right-of-way for CR 118 and is east of CR
95.
Parcel number 029113100013.
Access is from CR 95.
ACCESS
Weld County Public Works has reviewed the application materials related to access.
Parcel has existing permitted access onto County Road 95 at its intersection with County Road 118. (AP15-
00123) No other access is requested.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access with 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
The proposed parcel uses unmaintained County Road 118 right-of-way to access maintained County Road
95 at its intersection with County Road 118. The submitted plat shall show any unmaintained rights-of-way
used to access the site from the maintained County Road, from the lots to and including the maintained
County Road access point. The physical location of the road within the right-of-way shall be shown on the
plat. Reception numbers shall be referenced for right-of-way or easement documents. Please contact Public
Works with questions.
County Road 95 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.
The portion of County Road 118 west of County Road 95 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.
The portion of County Road 118 east of County Road 95 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.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
Latest average daily trips (2019)on CR 95 counted 87 vehicles per day with 73%trucks. The 85th percentile
speed is 36 miles per hour.
Latest average daily trips (2019) on CR 118 counted 142 vehicles per day with 74% trucks. The 85th
percentile speed is 47 miles per hour.
Latest average daily trips (2017) on CR 390 (South of CR 118) counted 394 vehicles per day with 66%
trucks. The 85th percentile speed is 74 miles per hour.
Latest average daily trips (2018) on CR 390 (North of CR 118) counted 743 vehicles per day with 67%
trucks. The 85th percentile speed is 71 miles per hour.
The traffic information submitted with the application materials indicates that there will be approximately
162 daily roundtrips: 150 trucks and 12 passenger cars. 80% of the traffic will be going to the west on
County Road 118, 10% of the traffic will be going to the north on County Road 95, and 10% of the traffic
will be going to the south on County Road 95. For the 80% of the traffic traveling west, half will travel north
on County Road 390 and half will travel south on County Road 390.
The traffic impact study indicates no additional traffic associated with this major amendment. Therefore,
no additional traffic information is needed.
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. 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.
The site employs double cattle guard tracking control at its access onto County Road 95. No additional
tracking control is needed for this major amendment to the existing USR15-0048.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring the review and necessary revisions to the existing Improvements and Road
Maintenance Agreement (Document 20170173 Amended per Document 20202400) 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%20Improvements%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 Final Drainage Report with detention pond design completed by a Colorado
Licensed Professional Engineer. This Report was found to be acceptable. No additional information is
needed for drainage management compliance..
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. The existing Improvements and Road Maintenance Agreement (Document 20170173 Amended per
Document 20202400) shall be reviewed and revised appropriately. 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. (Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 95 is a gravel road and is designated on the Weld County Functional Classification
Map as a 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.
(Department of Public Works)
2. The portion of County Road 118 west of its intersection with County Road 95 is a gravel road and
is designated on the Weld County Functional Classification Map as a 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. (Department of Public Works)
3. The portion of County Road 118 east of its intersection with County Road 95 is a Section Line that
is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-
of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label
the section line Right-of-Way as "CR 118 Section Line Right-Of-Way, not County maintained." All
setbacks shall be measured from the edge of right-of-way. (Department of Public Works)
4. Show and label the approved access location (AP15-00123), approved access width and the
appropriate turning radii on the site plan. (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 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)
8. Show and label the drainage flow arrows. (Department of Public Works)
9. 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:
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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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: October 20, 2020
Re: 1 MJUSR20-15-0048 Pawnee Waste
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Amended Use By Special Review Permit for a solid waste
disposal site and facility (a designated commercial exploration and production waste
management facility) that will receive non-hazardous wastes that may contain very low
concentrations of naturally occurring radioactive materials (NORM) and technically
enhanced naturally occurring radioactive materials (TENORM) pursuant to the Colorado
State Statute and as defined and regulated by Colorado Department of Public Health
and Environment and obtain a Certificate of Designation, pursuant to Section 30-20-104
C.R.S., in addition to accepting Construction and Demolition (C&D) Waste, and
Industrial Waste, the addition of two (2) new storage buildings and a company only
heavy equipment parking area outside of Subdivisions and Historic Townsites in the A
(Agricultural) Zone District
The facility is supplied with drinking water through an on-site well (Permit #301910) and
waste disposal by an engineered septic system (SP-17-00327). If additional employees
are added that exceed the designed load, the system will need to be brought into
compliance to accommodate the increase.
An Engineering Design and Operations Plan was submitted and the CDPHE conducted
a "technical review" of the EDOP. The Final EDOP (Version 7) was submitted and
WCDPHE considers this the "approved EDOP".
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
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response [�]
Icic:9/0 304 6410 I ale:9/0:304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 V
Fax: 9/0-301-641'2 Fax: 9/0-304-6416 Fu)..: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health
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. The facility shall submit evidence to the Weld County Department of Public
Health and Environment that financial assurance has been obtained in
accordance with CDPHE regulations pertaining to solid waste sites and facilities.
5. 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.
6. 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.
7. All waste received at the facility shall be screened to ensure appropriate wastes
are being disposed of at the facility.
8. Should recycling or beneficial use activities occur at the facility, the facility shall
operate in accordance with CDPHE regulations pertaining to recycling or
beneficial uses at solid waste sites and facilities.
9. The facility shall be operated in a manner which protects against surface and
groundwater contamination.
10.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.
11. 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.
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
on-site.
13.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.
14.All stormwater, which has come into contact with waste materials on the site,
shall be confined on the site in accordance with the approved EDOP.
15.Any tanks used onsite shall comply with the provisions of the State Underground
and Above Ground Storage Tank Regulations.
16. 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.
17.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.
18.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.
19.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.
20.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, shall
contain hand sanitizers and be screened from public ROW and surrounding
property owners.
21.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.
22. In the event the facility's water system serves more 25 persons on a daily basis
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1).
23.The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S.
24.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.
25.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
26.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.
27.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
COLORADO
` Division of Water Resources
DNR
TM Department of Natural Resources
October 21 , 2020
Kim Ogle
Weld County Planning Department
Transmission via email : kogie@weiclgov . com
Re: Pawnee Waste Landfill Facility
Case Number 1 WU USR20- 15 - 0048
NE% Et E1/2 NW's Sec . 13 , T10N , R61 W, 6th P .M .
Upper Crow Creek Designated Ground Water Basin , Water District 64
Dear Mr. Ogle :
We have reviewed the above referenced application for a Site Specific Development Nan and
Amended Use By Special Review Permit for a solid waste disposal site and facility . The submitted
material 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 comments . The comments will not address the adequacy of the water supply plan for
this property or the ability of the water supply plan to satisfy any county regulations or
requirements .
The application seeks to expand the types of waste that can be accepted at the Pawnee
Waste Landfill facility to include construction and Demolition (CD ) Waste and Industrial Waste . The
proposal also seeks to add two new storage buildings and a new heavy equipment parking area . The
facility will have up to ten ( 10) full - time employees onsite at one time .
Water is supplied to the site by an existing well with permit no . 301910 . In addition , bottled
water is also provided for employees . Permit no. 301910 was issued for the use of up to 3 . 36
acre-feet of water per year for use in a commercial business described as a non- hazardous oil Ft gas
waste landfill . This amount includes water to be used for up to ten employees and water for dust
control purposes and /or equipment cleaning . This well may continue to be used as a water supply
for the landfill facility so long as it is operated in accordance with the terms and conditions of well
permit no . 301910.
A combination of a perimeter berm and ditching was constructed around the landfill area to
manage stormwater per CDPHE and Weld County criteria . Water that does not come in contact with
waste is routed to a surface water pond located on the southwest side of the landfill. The applicant
should be aware that, unless the storm water detention structure meets the requirements of a
"storm water detention and infiltration facility" as defined in Designated Basin Rule 5A1 , the
structure may be subject to administration by this office. The applicant should review Rule 5 . 11 to
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Pawnee Waste Landfill Facility October 21 , 2020
Case No . 1MJUS 2O- 15 - 0048 Page 2 of 2
determine whether the structure meets the requirements of the Rule and ensure any notification
requirement is met.
Water that has been in contact with waste is considered leachate ; it is managed through
collection lines , sumps, and storage in tanks on the west side of the landfill . Leachate is proposed to
either be used for dust suppression within the active lined landfill cell if it meets regulatory
requirements for application , or delivered off- site for disposal at an approved , third -part►, liquid
waste handling facility. Precipitation falling in a Designated Basin that contributes to the recharge
of the aquifer is considered to be designated ground water and is to be administered by the Colorado
Ground Water Commission . Therefore , the Applicant may only► collect, use , and dispose of
leachate containing precipitation and/or stormwater runoff pursuant to a replacement plan
approved by the Colorado Ground Water Commission .
Should you or the applicant have any questions regarding this matter, please contact me at
this office.
Sincerely,
iteirok Wtlitesikel
Keith Vander Horst , P. E .
Chief of Water Supply, Designated Basins
cc: Well permit file no . 301910
SEO Referral file no . 27327
From : Localreferral - CDPHE, CDPHE < cdphelocalreferral@state .co. us>
Sent: Wednesday, September 23, 2020 9 : 57 AM
To: Kristine Ranslem ckranslem@weldgov . com >
Subject : Re : 1MJ USR2o- 15 -0048 Referral
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.
Thank you for contacting the Colorado Department of Public Health and Environment (CDPHE) . CDPHE's
general comments are available here . We will continue to review this referral to determine whether
additional comments are necessary. If additional comments are necessary, we will submit them by the
referral deadline .
cdphe_localrefkrral@state .co . us I Colorado . goer / cd phe
ACCQ_ ,I��, COLORADO
410 qr. Department of Public
CDPHE Health Et 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 Fasts
The applicant must comply with all applicable hazardous and solid waste rules and
regulations .
Hazardous waste regulations are available here :
https : / / www . cotorado . govipacificicdpheighwreRs .
Solid waste regulations are available here:
https : / / www . cotorado . govipacificicdpheiswregs .
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 : / / w w . Colorado . gov/ pacificfcdphe / sw- recycling-
forms-ants .
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 . usorcalling303 -692- 3320.
Water Quality
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 : l Iwww. colorado . gov / pacific / cdphe / rater-quality-control -
com mission- 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 devel.opment 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
acility.
Please use the Colorado Environmental Online Services (CEO's ) 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 . govt' pacific / cd phe / 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 . govt' pacific / cdpheltools- drin ki ng -water- facilities -
managers
If you have any other questions regarding either clean or drinking water quality, please
contact CDPHE ' sWQCDbyemailingcdphescommentswqcd@state . co . usorcalling303-692 -
3500 .
Air Quality
The applicant must comply with all relevant state and federal air quality rule and
regulations . Air quality regulations are available here :
https : / / www. colorado . govipacificicdphelacicc - regs .
Air Pollutant Emissions Notices (APENs) and Permits
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 . White 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 . cotorado. goviairqualityiss_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 Use of chemical stabilizer
Paving Controlling vehicle speed
Graveling
Control Options for Mud and Dirt Carry - Out Onto Paved Surfaces
Gravel entry ways Washing vehicle wheels
covering the load Not overfilling trucks
Control Options for Disturbed Areas
Watering Application of a chemical stabilizer
Revegetation Controlling vehicle speed
Compaction Furrowing the soil
Wind Breaks 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 / pacificicdphe / airldo - 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 A►QCC Regulation
Number 3 at https : l / www . cotorado . govtpacificicdpheiaqcc- regs for the complete regulatory
language .,
If you have any questions regarding Colorado ' s APED 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 . cotorado . gov / cdphelagcc - 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 / cd phe / categories / services - and -
i nformation / envi ronment / asbestos and the following website for lead - based paint :
https : / / www . colorado . govt pacific / cd phe l categcries / 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
emailingcdphe . commentsapcd@state . co . us orcalling 303 - 692 - 3100 .
Health Equity and Environmental Justice
CDPHE notes that certain projects have potential to impact vulnerable minority and tow-
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
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