HomeMy WebLinkAbout20191098.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Hayley Balzano, Public Works
DATE: January 1, 2019
SUBJECT: USR18-0116 Enerplus Orca Central Gathering
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 an Oil and
Gas Support and Service Facility (Central Gathering Facility to receive natural gas, produced water and oil
along with gas compression, gas processing, produced water recycling, a Salt Water Injection Disposal
Well, storage yard and field office) in the A(Agricultural) Zone District.
This project is south of CR 90 and is east of CR 19.
Parcel number 055526000003.
Access is from CR 90.
ACCESS
Weld County Public Works has reviewed the application materials related to access. The access is
proposed on County Road approx. 7900 feet east of County Road 19. This access is permitted for the
neighboring Irish Pad. This access is permitted under AP17-00180 for Enerplus Resources Corporation do
Ascent. This access may need to be re -permitted for the expansion of the use. The applicant is proposing
the use of an existing easement across private property from County Road 90 south to the site. The site
plan map will need to show this access easement.
Per Chapter 12, Article 5, Section 12-5-30, 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 Chapter 12, Article
V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public
road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer
to Chapter 12 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 90 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, Chapter 23, Article III, Section
23-3-50, 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.
On the west side of the parcel, County Road 21 is a section line. 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 if the applicant proposes to use this right-of-way. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, 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 right-of-
way is NOT maintained by Weld County.
The applicant is proposing the use of an easement across private property to access the site. The
applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number.
Per Chapter 12, Article 4, Section 12-4-30.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 ADT on CR 90 counted 109 vpd with 15% trucks. The 85th percentile speed is 62 mph.
The traffic information submitted with the application materials indicated that there will be approximately 15
passenger vehicle daily roundtrips and 20-30 truck round trips. 50% of the traffic will be going to the west
on County Road 90 and 50% of the traffic will be going to the east on County Road 90.This quantity of
traffic requires a Traffic Impact Study. At the application it was allowed that this would be placed as a
Condition of Approval on the USR. This Traffic Impact Study may indicate that off -site improvements are
required for the traffic produced by the site. If off -site improvements are warranted, they will be required
with the Improvements and Road Maintenance Agreement.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. 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. A variance request for alternatives to the tracking control requirement can be submitted to
Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring an Improvements and Road Maintenance Agreement for dust control, road
maintenance to specified haul routes, and potential 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/sprusr.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. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Traffic Impact Study is required for this site prior to recording the USR Map. Traffic Impact Studies
are required to be completed by a Colorado Licensed Professional Engineer. The Traffic Impact Study
may indicate that off -site improvements are warranted by the Use by Special Review. (Department of
Public Works)
B. An Improvements and Road Maintenance Agreement is required for dust control, damage repair to
specified haul routes, and potential off -site improvements at this location. 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 applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
E. The plan shall be amended to delineate the following:
1. County Road 90 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. County Road 21 Section Line is shown as 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 21 Section Line Right -Of -Way, not County maintained." All
setbacks shall be measured from the edge of right-of-way. (Department of Public Works)
3. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. 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)
6. Show and label the access and utility easement to provide legal access to the parcel on the site
plan. Show the easement from the project parcel up to and including the connection to maintained
County Road 55. (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)
Prior to Operation:
A. If applicable, 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. 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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Chris Gathman
From: Ben Frissell, Environmental Health Services
Date: January 22, 2019
Re: USR18-0116 Enerplus Central Gathering Facility and
Centralized E&P Facility
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility (Central Gathering Facility to receive natural gas, produced water and
oil along with gas compression, gas processing, produced water recycling, a Salt Water
Injection Disposal Well, storage yard and field office) in the A(Agricultural) Zone District.
According to the application there will be up to 5 fulltime employees and 3 part-time
employees. The applicant is proposing installing a commercial well and an engineered
Onsite Wastewater Treatment System.
The applicant has indicated that the facility will conduct recycling operations and will be
considered a Centralized E&P Waste Management Facility. Additionally, the applicant
is proposing to install injection wells onsite.
The conditions of approval and development standards are typical for Centralized
Gathering Facilities, Injection Wells, and Centralized E&P Facilities.
We recommend that the following requirement be incorporated into the permit as
conditions that must be met prior to the facility disposing or recycling of waste.
1. For recycling operations, the facility shall submit documentation showing the
facility has an approved Design and Operations plan approved by the COGCC.
2. The facility shall submit a Groundwater Monitoring Plan for review and approval
to the Weld County Department of Public Health and Environment.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/0-304-6412
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9,10-304-64 15
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-5452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
3. The facility 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
conditions that must be met prior to the issuance of the Certificate of Occupancy:
1 An onsite wastewater treatment system is required for the proposed facility and
shall be installed according to the Weld County Onsite Wastewater Treatment
System Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County Onsite
Wastewater Treatment System Regulations.
2 Documentation showing the facility has a permanent, adequate water supply for
drinking and sanitary purposes.
Environmental Health has no objections to the proposal; however, 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. No commercial disposal of waste
will occur at this facility. Any changes from the approved Class II use will require
an amendment to this Use by Special Review Permit.
2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
3. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
4. The facility shall comply with the Colorado Oil and Gas Conservation Commission
(COGCC) regulations pertaining to Centralized E&P Waste Management
Facilities. Only E&P wastes, generated by the operator, are allowed to be
recycled at the facility.
5. 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.
6. 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.
7. 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.
8. 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 and shall contain hand sanitizers.
9. 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.
10.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.
11. 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.
12. 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.
13. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
14.The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
15. 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.
16.A leak detection system shall be designed and installed beneath concrete
unloading pad(s), piping, and sump(s). The unloading pad shall be kept in good
condition.
17. The facility shall comply with the accepted Groundwater Monitoring Plan.
18. 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.
19. 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.
20.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.
21.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
22.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
23. The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State issues permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
24. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
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