HomeMy WebLinkAbout20190573.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Hayley Balzano, Public Works
DATE: November 28, 2018
SUBJECT: USR18-0102 NuOrganics 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 Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (Processing of
Poultry litter) in the A (Agricultural) Zone District.
This project is north of and adjacent to CR 10 and is west of CR 41.
Parcel number 147308300011.
Access is from CR 41.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and the applicant is
proposing to access off County Road 41 approximately 2670 feet north of County Road 10. This access
crosses private property between County Road 41 and the boundary of the USR property. The applicant
shall submit a recorded copy of any agreement signed by all the owners of the property crossed by the
access. The access shall be for ingress, egress, and utilities and the submitted map shall show any private
easements used to access the site from the maintained County Road, from the lot to and including the
maintained County Road access point. The physical location of the road within the easement shall be shown
on the map. Weld County Clerk and Recorder Reception numbers shall be referenced for right-of-way or
easement documents. Please contact Public Works with questions.
Commercial accesses shall have a maximum width of 36 feet and minimum turning radii of 60 feet.
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 41 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and 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.
County Road 10 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and 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.
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 comldepartmentslpublicworks/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 41 counted 831 vpd with 35% trucks. The 85th percentile speed is 64 mph.
The traffic information submitted with the application materials indicated that there will be approximately
11-16 dump truck and 2 passenger vehicle round trips per day.
TRACKING CONTROL POLICY
Tracking control is required to prevent tracking from the site onto public roadways. Per Chapter 12,
Appendix 12A.10.1, traffic volumes to the proposed facility will require the installation of tracking control.
For more than 10 truck round trips per day, access onto paved roads requires either a tracking control
device and 100 feet of asphalt or 300 feet of asphalt. A tracking control device can be double cattle guards
or rip rap (6" washed rock). Recycled concrete is not allowed in County right-of-way. Tracking control is
required just prior to entering a publicly maintained roadway. For the proposed site layout, the tracking
control is required prior to traffic entering County Road 41. 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, public
roadway damage repair to specified haul routes, and potential triggers for off -site public improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldclov com/UserFiles/Servers/Server 6/File/Degartments/Publie/020Works/DevelopmentR
eviewlsprusr.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.
the applicant has submitted a drainage memo summarizing the changes on site. The memo states that
detention is not required for the site. The site does not meet any of the exceptions listed in Weld County
Code section 23-12-30.F.1.a. 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. This agreement shall
include but is not limited to, potential triggered off -site improvements, 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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The 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)
D. The plan shall be amended to delineate the following:
1. County Road 41 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 on the site plan the existing right-of-way. 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 10 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (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 a 30 -foot minimum access and utility easement to provide legal access to the parcel
on the site plan. (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. This site
requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed 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 private property lines and maintenance of the access road 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: Chris Gathman
From: Ben Frissell, Environmental Health Services
Date: November 14, 2018
Re: USR18-01O2 English Feedlot Organic Fertilizer
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis for Animal Waste Recycling or
Processing Facilities (Processing of Poultry litter) in the A (Agricultural) Zone District.
The applicant is proposing up 2 full-time employees and possible 1 part time employee
during peak season. Bottle and water and portable toilets are proposed which is
acceptable.
There will be no washing of vehicles, floor drains or chemicals stored on site.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
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.
or those described in the approved Composting Plan.
3. 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 applicant shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code and as described in the approved Composting
Plan.
Health Administration
Vital Records
lot: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-.304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
4. The facility shall receive and process only those materials that are described in
the submitted application materials.
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.
6. The facility shall be operated and maintained in a manner to prevent nuisance
conditions.
7. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one
dilution threshold, as measured using methods set forth in Regulation 2 of
the Colorado Air Pollution Control Regulations. Additional controls shall be
implemented, at the request of the Weld County Department of Public Health and
Environment, in the event odor levels detected off site of the facility meet, or
exceed, the level of fifteen -to -one dilution threshold, or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring
abatement.
8. A Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division, as applicable.
9. 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.
10. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
11. The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Fertilizers and Soil Conditioners (8 CCR 1202-4).
12. 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.
13. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
14. 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
Deaa-trnent of Natj at?esources
October 24, 2018
Chris Gathman
Weld County Department of Building and Planning Services
Transmitted via email: cgathman@weldgov.us
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
Re: English Feedlot 2 LLC - Site Specific Development Plan and Use by Special Review
Case no. USR18-0102
Part of SW 1/4, Sec. 8, Ti N, R65, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Gathman,
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.
According to the submitted information, the proposal is to construct a new structure to house equipment for
processing poultry litter into pellets. The property consists of approximately 3.5 acres being leased from the
114 -acre parcel owned by English Feedlot 2 LLC. Currently, the site contains no existing buildings or
structures. The property currently has approval to stockpile the poultry liter on the English Feedlot 2 LLC
property through a lease agreement with Farm Nutrients, LLC. The referral information indicated that
drinking water will be provided from an outside source, however, the source of the water was not specified.
A review of our records shows that four wells operating under permit nos. 36719, 44159, 5944-F, and 5998-F
are located on English Feedlot 2 LLC property. Well permit nos. 36719 and 44159 were issued on February 11,
1969 and January 4, 1971 respectively, for stock purposes.
Well permit nos. 5944-F and 5998-F were issued on July 27, 1964 and August 6, 1964 respectively for
irrigation purposes. Both wells were decreed by Division 1 Water Court in Case no.W-4545 and are currently
included in the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District
augmentation plan approved in Case no. 2002CW335. The wells are producing water from the alluvium of the
South Platte River.
As permitted the above described wells cannot be used to serve the proposed processing poultry litter
structure on the property. Prior to using any of the four wells for such purposes a well permit allowing
such uses must be obtained.
The applicant should be aware that any storm water detention structure proposed for this specific
development, must meet the requirements of a "storm water detention and infiltration facility" as defined in
section 37-92-602(8), Colorado Revised Statutes, in order for the structure to be exempt from administration
by this office. The applicant should review DWR's Administrative Statement Regarding the Management of
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Case no. USR18-0102
October 24, 2018
Page 2 of 2
Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado, attached, to ensure that the
notification, construction and operation of the proposed structure meets statutory and administrative
requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility
Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the
notification requirements.
Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246.
Sincerely,
Joamla Williams, P.E.
Water Resource Engineer
Ec: Permit file 36179, 44159, 5944-F and 5998-F
Project No. 25258
COLORADO
Department of Public
Health & Environment
lcdicatcd to iirotcctin,' and imhrocin;_ the hcaltlr and anironmcntoftLic iic(T12 of Colorado
Submitted via email to: mwall®weldgov.com
October 30, 2018
Michelle Wall
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Re: Case No. USR18-0102
Dear Michelle Wall:
The Colorado Department of Public Health and Environment (CDPHE) has the following
comments on the ReNew Trient II, LLC request for comments (Case No. USR18-0102).
The following requirements 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.
In Colorado, most businesses that are or will be emitting air pollutants above certain
levels are required to report those emissions to the Division by completing an Air
Pollutant Emissions Notice (APEN). This is a two in one form for reporting air
emissions and to obtain an air permit, if a permit will be required. While only
businesses that exceed the Air Quality Control Commission (AQCC) reporting
thresholds are required report their emissions, all businesses - regardless of emission
amount - must always comply with the Colorado Air Quality Control Commission
regulations.
CDPHE supports construction precautions to prevent and minimize dust migration
during project activities and notes that land development construction activities
(earth moving) that are greater than 25 acres or more than six months in duration
require an APEN from the Air Pollution Control Division and may be required to obtain
an air permit depending on estimated emissions. In addition, a start-up notice must
be submitted thirty days prior to beginning a land development project.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Additional information on APENs and air permits can be found
at https://www.colorado.gov/pacific/cdphe/apen-and-permitting-guidance. 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.
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.
In Colorado, construction activities that disturb one acre or more of land are required
to obtain a stormwater discharge permit. Additional information about stormwater
discharge permits can be found in Water Quality Control Commission Regulation
Number 61.3(2) available here:
https: //www.colorado.gov/pacific/sites/default/files/61_2017%2804%29.pdf
The Department appreciates the opportunity to submit these comments and as this
project develops over the coming months, the Department may submit additional
comments in an effort to minimize the impacts from oil and gas operations on public
health and the environment.
Sincerely,
Sean
Hackett
Digitally signed by
Sean Hackett
Date: 2018.10.30
14:11:29 -06'00'
Sean Hackett
Environmental Protection Specialist
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
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