HomeMy WebLinkAbout20201870.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
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FROM: Melissa J King, PE, Public Works
y�f DATE: May 4, 2020
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- SUBJECT: USR20-0007 EWS#12 DJ Basin LLC
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, including a Class II Saltwater Disposal Facility and related infrastructure, one (1) 80-
foot x 100-foot steel building with office, a tank washout area on the concrete unload pad and up to five (5)
construction trailers and five (5) conex containers for temporary use during construction in the A
(Agricultural) Zone District (Expedition Water Solutions)
This project is south of and adjacent to CR 90 and is north of CR 88 and is west of and adjacent to CR 39.
Parcel number 055130100059.
Access is from CR 39.
ACCESS
Weld County Public Works has reviewed the application materials related to access. An existing
unpermitted access onto County Road 39 is approximately 1,100 feet south of the intersection of County
Road 39 at County Road 90.
The applicant has proposed a construction access onto County Road 39 and, thus, shall acquire an access
permit for the approved access location onto County Road 39. This access point must meet the minimum
spacing criteria as specified in Table 1 of Sec. 8-14-30 of the Weld County Code.
The applicant has proposed a site access onto County Road 90 west of the intersection of County Road 90
and County Road 39. The applicant has provided traffic information associated with operation and with
construction. Based on all traffic information, the applicant shall submit an approvable exhibit, stamped by
a professional engineer licensed in the State of Colorado,that proposes a design that provides safe ingress
and egress onto County Road 90. This access point must meet the minimum spacing criteria as specified
in Table 1 of Sec. 8-14-30 of the Weld County Code.
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 90 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 39 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 or reserved per the 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.
County Road 88 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated or reserved per the 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 (2020) on CR 90 counted 1,340 vpd with 50%trucks. The 85th percentile speed is 66 mph.
The traffic information, dated March 1, 2018, submitted with the application materials indicated that there
will be approximately 120 daily roundtrips (20 passenger cars/trucks and 100 semi-trucks/trailers). 50% of
the traffic will be going to the west to access Highway 85 and 50% of the traffic will be going to the east to
access Highway 14. Subsequently,the applicant submitted additional information that agreed to limit semi-
truck/trailer traffic to 50 per day.
Based on the traffic information provided and access information to be provided, a traffic impact study may
be required.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 feet. of asphalt or 300 feet of
asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100
feet 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 asphalt or 300 ft. of asphalt.
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. Up-front off-site improvements may
be requested depending on the conclusions of the approved traffic impact study.
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. The applicant shall address the concerns of the Public Works Referral relating to the proposed CR 90
access location and the existing CR 39 access location. (Department of Public Works)
B. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (Department of Public Works)
C. 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)
D. The plan shall be amended to delineate the following:
1. County Road 90 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 39 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. County Road 88 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the road. If the
right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the
Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way
line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County. (Department of Public Works)
4. Show and label the approved access locations,the access type (e.g. residential), approved access
width and the appropriate turning radii on the site plan. The applicant must obtain an access permit
in the approved locations prior to construction. (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:
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)
C. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a Weld
County grading permit will be required. (Department of Public Works)
During Construction
Public Works shall be allowed to enter the premises to inspect temporary control measures (BMPs) for
proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur to ensure
adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways and
nearby waterways from the potentially adverse effects of stormwater runoff. Inspections shall occur at a
frequency determined by the site's compliance,with higher inspection frequencies for non-compliance. Sec.
8-12-90 (Department of Public Works)
Prior to Operation:
Accepted construction drawings and construction of the off-site roadway improvements are required prior
to operation. (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. The construction access may be utilizing unmaintained County right-of-way (County Road 39).
Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County.
(Department of Public Works)
5. 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)
6. The Property Owner shall comply with all requirements provided in the executed Improvements/Road
Maintenance Agreement. (Department of Public Works)
7. The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (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)
1Kfi1 rir
I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
r. 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: April 13, 2020
Re: USR20-0007 Class II Injection Well EWS
Environmental Health Services has reviewed this proposal for a Site Specific
Development plan and Special Review, USR20-0007, for Oil and Gas Support and
Service, including a Class II Saltwater Disposal Facility and related infrastructure, one
(1) 80-foot x 100-foot steel building with office, a tank washout area on the concrete
unload pad and up to five (5) construction trailers and five (5) conex containers for
temporary use during construction in the A (Agricultural) Zone District.
There will be up to 10 full time employees that utilize the site with additional third-party
truck drivers and/or contractors. Water will be provided by North Weld Water District
and the site will be serviced by a proposed engineered on-site wastewater treatment
system. Wash water and floor drains will drain into the injection well. An air emissions
permit will be applied for according to the application. Dust and waste handling plans
were submitted.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the acceptance of waste:
1 . The facility shall submit a Groundwater Monitoring Plan for review and approval
to the Weld County Department of Public Health and Environment.
2. The applicant shall submit design plans of the offload pad area which should
incorporate a sub-sump monitoring point and synthetic liner, for review and
approval, to the Weld County Department of Public Health and Environment.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. No disposal of waste, other than Class II, as currently defined by the
Environmental Protection Agency, is permitted. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-301-641'2 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
3. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
4. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code
and the accepted waste handling plan.
5. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations
and the accepted dust abatement plan.
6. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
7. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. For employees or contractors
that are on site for less than 2 consecutive hours a day portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
Portable toilets shall be screened from existing adjacent residential properties and
public rights-of-way.
8. Any On-site Wastewater Treatment System located on the property must comply
with all provisions of the Weld County Code, pertaining to On-site Wastewater
Treatment Systems. A permanent, adequate water supply shall be provided for
drinking and sanitary purposes.
9. All chemicals on-site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
10.Secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or
released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or
the provisions of the State Underground and Above Ground Storage Tank
Regulations.
11 .A leak detection system shall be designed and installed beneath concrete
unloading pads, piping, and sumps. The unloading pad shall be kept in good
condition.
12.As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
13.The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
14.The facility shall comply with the accepted Groundwater Monitoring Plan.
15.Analytical waste data and environmental monitoring data shall be made available
to Weld County Department of Health and Environment upon request. The Weld
County Department of Health and Environment reserves the right to require
additional monitoring.
16.Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to
local, state and federal agencies in accordance with all state and federal
regulations.
17.All stormwater, which has come into contact with waste materials on the site, shall
be confined on the site. In the event the storm water is not adequately controlled
on the site, upon written notification from the WCDPHE or CDPHE, a
comprehensive site-wide Stormwater Plan shall be developed and implemented.
The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation.
18.The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPHE), Water
Quality Control Division, as applicable.
19.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as set forth in Section 25-12-103, C.R.S.
20.WCDPHE shall be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment,
tanks, and secondary containment. All wastes removed from the site during
closure activities will be disposed of off-site, in accordance with all state and
federal rules and regulations and with Weld County Code. Documentation of
closure activities will be provided to WCDPHE.
21 .The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
22.The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State issues permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
23.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
s
March 19, 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: EWS#12 DJ Basin, LLC Case Number: USR20-0007
Please Reply By: April 16, 2020 Planner: Kim Ogle
Project:A Site Specific Development Plan and Use by Special Review, USR20-0007, for Oil and Gas
Support and Service, including a Class II Saltwater Disposal Facility and related infrastructure, one (1)
80-foot x 100-foot steel building with office, a tank washout area on the concrete unload pad and up to
five (5) construction trailers and five (5)conex containers for temporary use during construction in the A
(Agricultural)Zone District.
Location: South of and adjacent to County Road 90;west of and adjacent to County Road 39
Parcel Number: 055130100059-R1513502 Legal: LOTA REC EXEMPT RECX20-0046, PART E2E2
SECTION 30, T8N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
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.
f l We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
I We have reviewed the request and find no conflicts with our interests.
erg See attached letter.
1
Signature 4 c t,k,d1
'�- Date 940/2 C22 c
Agency /: z C A 1.
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax
TOWN
'F TOWN OF PIERCE
144 Main, PO Box 57
Pierce, CO 80650
Phone: 970-834-2851
Fax: 970-834-2755
COLORADO
April 13, 2020
Kristine Ranslem
Weld County Planning Dept.
1555 N 17th Ave
Greeley, CO 80631
Re: Case Number USR20-0007
Ms. Ranslem:
At this time. the Town of Pierce Planning Commission members are recommending the
following items be considered by Weld County Planning Services on behalf of the Town prior to
approval of this request by the County:
• The oilfield waste disposal facility be relocated outside the current three-mile growth
boundary of the Town of Pierce;
• Other possible routes for the 100 semi-truck/trailer trips per day passing through town;
• That the facility utilizes a closed-loop gas capture system designed to eliminate leakage
of vaporized gases into the atmosphere during the liquids transfer process;
• The occurrence of earth tremors and earthquakes believed to be associated with injection
wells is a major concern.
Thank you for considering the concerns and recommendations of this committee, and allowing
us to have a voice in this matter.
Regards,
�../ ( J3;
Martha J. Harold
Deputy Town Clerk on behalf of the Pierce Planning Commission
Town of Pierce
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